Personal Injury Lawyer in Houston

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    Personal injury claims arise from injuries and accidents caused by the negligent act of another. Learn how a personal injury lawyer in Houston can help your case.

    One may be curious to know what is considered personal injury in Texas. In simple terms, personal injury occurs when you suffer a physical injury caused by the acts or omissions of another. The term personal injury is not confined to bodily injuries as it can also include property damages. However, negligence cases usually involve bodily harm.

    Personal injury can arise from motor vehicle accidents, medical negligence, etc. Victims are left to deal with the financial burden and physical injuries when this occurs. Texas laws allow you to demand financial compensation from the party responsible if you suffered an injury or disfigurement. However, you must prove that the at-fault party caused your injuries to win your case.

    You may be experiencing pain and probably faced with unexpected financial bills. Fortunately, you don’t have to bear the brunt of someone else’s carelessness. It might be a good idea for you to consult with an attorney. An experienced personal injury lawyer in Houston can provide a wide range of solutions for your legal issues, so you can focus on recovery.

    The Key Elements of Proving Fault in a Personal Injury Case

    Personal injury claims arise from injuries caused by someone else’s careless or reckless actions. To succeed in this legal process, you must prove the fault of the party who caused your injuries. Thus, you must understand the key elements of personal injury cases.

    For a successful injury claim, you must establish the following:

    • That the at-fault party owed you a duty to exercise reasonable care
    • That they breached their duty of care
    • That failure to exercise reasonable care caused your injuries and losses
    • You suffered actual economic damages due to the injuries and losses

    There is no valid legal claim if you are not injured or did not suffer economic damages.

    Common Types of Personal Injury Cases

    Houston injury lawyers handle a wide range of personal injury matters. The common types of personal injury cases in Texas are:

    • Auto accidents
    • Motorcycle accidents
    • Pedestrian accidents
    • Defective product liability
    • Premises liability
    • Workplace injuries
    • Trucking accidents
    • Medical malpractice
    • Slip and fall accidents
    • Wrongful death

    Common Types of Personal Injuries Victims Suffer

    Accidents happen every day in Houston, and countless victims suffer severe injuries that can alter their lives. That’s where injury lawyers come into play. A personal injury lawyer in Houston can help an injured person recover financial compensation for losses suffered due to someone else’s negligence.

    Unfortunately, money may not restore the life you had before the accident. However, it can be incredibly helpful during this difficult time. The following are the common types of injuries that Houston personal injury lawyers regularly deal with:

    • Spinal cord injuries
    • Traumatic brain injuries
    • Burn injuries
    • Loss of limbs
    • Birth injuries
    • Neck injuries
    • Internal organ damage, etc.

    How Do I File a Personal Injury Claim in Texas?

    The Texas injury claims process can be complicated. This is why hiring a Houston injury lawyer is imperative. There are three ways you can pursue compensation. They include:

    • Filing a compensation claim with your insurance company if you have personal injury protection (PIP) coverage
    • Filing an insurance claim against the at-fault party’s insurance company
    • Filing a personal injury lawsuit against the at-fault party

    You can decide to settle with the insurance company or file a lawsuit if the settlement fails. It might be a good idea to involve a personal injury lawyer in Houston who understands the rules applicable to your legal action, especially if your case goes to court. Your lawyer will evaluate your case and determine the best course of action.

    What Type of Damages Can I Recover in My Personal Injury Case?

    Damages are monetary compensation you receive when you file a personal injury claim. If you have suffered injuries or losses, you can hold the party accountable for their action. Again, Texas injury laws allow you to recover certain damages for your losses.

    Damages available in Texas are divided into three categories: economic, non-economic, and punitive damages.

    Economic Damages

    Economic damages compensate you for the financial cost associated with your injuries. They include calculable expenses for:

    • Medical expenses
    • Property damage
    • Lost wages
    • Loss of earning capacity, etc.

    Non-Economic Damages 

    These are damages awarded for the psychological stress that arises from personal injury cases. They include:

    • Pain and suffering
    • Physical impairment
    • Mental anguish
    • Emotional distress
    • Reduced quality of life
    • Loss of enjoyment of life, etc.

    Punitive Damages

    This category of damages is not available in all personal injury cases. Punitive damages are awarded to punish responsible parties for their negligent actions. You might be entitled to punitive damages if the defendant acted with malice or gross negligence. 

    The type of damages you are awarded depends on the specific circumstance of your case. If you need more answers on this, our legal team is willing to answer your questions. 

    Is Texas a Comparative Negligence State?

    Texas uses a modified comparative negligence rule. This means when an accident occurs, each party’s fault is based on their respective contribution to the accident. The effect of this rule is that it diminishes the proportion of the amount awarded to you as compensation. In addition, in Texas, if you are found to be 51% or more at-fault for the accident you will not be able to recover compensation.

    Simply put, your compensation award will be reduced by your percentage of fault, and you won’t get any money if you are more than 50% responsible for the accident.

    Texas modified comparative negligence can be complex to understand. If you were partially at fault for causing your accident, don’t give up your right to compensation. An experienced personal injury lawyer in Houston can help you understand the effect of comparative negligence on your claim.

    How Long Do I Have to File a Personal Injury Claim in Texas?

    There is limited time to file a personal injury claim when you or a loved one is hurt. This is called a Statute of Limitations in legal terminology. In Texas, you have a limit of 2 years from the date of the injury to file your claim. If you fail to file within time, you may lose your right to compensation.

    What Can a Personal Injury Lawyer in Houston Do for You?

    While you can file your injury claim yourself, you have the right to choose an attorney to represent you. A personal injury lawyer in Houston can significantly impact your claim. Sadly, many victims do not know their rights. In addition, many shy away from getting legal representation because they think it will be expensive.

    Legal battles can be overwhelming and intimidating without any legal experience. A lawyer can help you prove your claims and provide supporting evidence. The key to winning your claim is to build a strong case that proves the at-fault party acted in a negligent manner. Houston personal injury lawyers have the knowledge and experience to handle the steps associated with filing an injury claim.

    A settlement from the insurance company may not always work in your favor. Insurance companies are in the business of making a profit. Their incentive is not to help you but to underpay you. Without legal support, you are at a disadvantage. In addition, aggressive insurance adjusters can manipulate you to accept fault for the accident to strip you of your rights. 

    In addition to the above, a lawyer can help you with the following:

    • Carry out an in-depth investigation of the accident
    • Determine each party’s proportion of fault
    • Level the playing field with insurance companies
    • Negotiate to get the maximum settlement possible
    • Gather all evidence to prove your case
    • Accurately calculate the scope of your damages 
    • Represent your interest in the entire process. 

    How Much Does It Cost to Hire a Personal Injury Lawyer in Houston?

    Faced with unplanned financial losses, injury victims are usually hesitant to hire a lawyer. However, this should not deter you from getting legal help. Thankfully, there are convenient payment solutions at your disposal.

    The most prevalent form of payment for most Houston personal injury lawyers is the contingency fee agreement. With this arrangement, you only pay the lawyer if they succeed in your case. If they fail, you don’t owe them a dime.

    Thus, they take a percentage, usually 33%- 45% of the gross amount of your compensation amount. Since their fee is at stake, a lawyer will do their best to get the maximum compensation possible. This fee benefits both parties as no upfront fee is required. This reduces your financial burden and allows you to have proper legal representation without having to pay out-of-pocket.

    Contact a Personal Injury Lawyer in Houston Today!

    Our law firm believes in holding negligent parties accountable for their actions. If you are hurt due to someone’s negligence, you deserve to be financially compensated for your injuries and losses.

    We can help you evaluate your case and determine your best course of action. When you choose our firm, we will fight to get the fair compensation you deserve. Reach out to us today to begin the claims process immediately.

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