Houston personal injury lawyer - In Texas, personal injury claims are typically based on the legal theory of negligence. This means that you must be able to show that the defendant (the person or party you are suing) failed to exercise the level of care that a reasonable person would have exercised in similar circumstances, and that this failure caused your injuries and damages.
To prove negligence, you will need to show that the defendant had a duty of care to act safely, that they breached this duty, and that their breach caused your injuries. For example, if you were hit by a driver who ran a red light, you would need to show that the driver had a duty to follow traffic laws, that they breached this duty by running the red light, and that their breach caused the collision and your injuries.
It is important to note that Texas follows a "modified comparative negligence" rule, which means that if you are partially at fault for your injuries, your damages may be reduced by the percentage of fault attributed to you. For example, if you were found to be 25% at fault for a car accident, any damages awarded to you would be reduced by 25%.
It is also worth noting that Texas has a two-year statute of limitations for personal injury claims. This means that you generally have two years from the date of your injury to file a claim or lawsuit. If you do not take legal action within this time period, you may be barred from recovering damages.
If you have been injured due to the negligent or wrongful conduct of another person or party, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can help you understand your rights and options, and can work with you to gather the evidence and build a strong case to support your claim.
What Is a Personal Injury?
A personal injury refers to harm or injury that is inflicted on an individual's body, mind, or emotions as a result of someone else's actions or negligence. This can include physical injuries, emotional trauma, and even death. Personal injury claims are legal actions that are taken by individuals who have been injured in order to seek compensation for their injuries and other damages.
In a personal injury claim, the person who has been injured is known as the plaintiff, and the person or entity that is believed to be responsible for the injury is known as the defendant. In cases where the accident resulted in the wrongful death of an individual, the plaintiff may be the representative of the deceased person's estate. Personal injury attorneys are legal professionals who specialize in representing individuals who have been injured in accidents and helping them to seek compensation for their injuries and damages.
From the above, it is clear that people suffer personal injuries from:
- Car, truck, and bus accidents
- Slip and falls (premises liability)
- Medical malpractice
- Construction accidents
- Workplace accidents
- Defective products
Clearly, accidents of any form are the primary causes of personal injuries in Houston.
What Is a Fair Settlement?
A fair settlement is an amount of money that is agreed upon by both parties in a personal injury case as compensation for the damages that have been suffered. The purpose of a settlement is to resolve the case without the need for a trial, and to provide the injured party with financial compensation for their injuries and other damages.
Determining a fair settlement can be complex, and it will depend on various factors, such as the severity of the injuries, the amount of medical bills and lost wages that have been incurred, and the amount of pain and suffering that has been experienced. In general, a fair settlement should cover all of the damages that have been suffered, including both economic damages (such as medical bills and lost wages) and noneconomic damages (such as pain and suffering).
There are several different ways that a fair settlement can be reached, including negotiating with the other party or their insurance company, using alternative dispute resolution methods such as mediation or arbitration, or going to trial and having a judge or jury determine the amount of damages. It is important to have a skilled personal injury attorney on your side to help you navigate the process and ensure that you receive a fair settlement.
Personal injury damages are intended to compensate an individual for their injuries and losses resulting from an accident or other incident. However, in some cases, a judge may also award punitive damages, which are designed to punish the other party for particularly egregious or reprehensible conduct.
There are two main ways that personal injury claims can be resolved: through a personal injury lawsuit or through a personal injury settlement. Many personal injury victims choose to settle their claims without going to trial, as this can avoid the uncertainty and cost of litigation. However, it is important to ensure that any settlement offer is fair and adequately covers the damages that have been suffered. This may include medical bills, lost wages, and other economic damages, as well as noneconomic damages such as pain and suffering.
If you have been injured in an accident, it is important to consult with a personal injury attorney to help you understand your options and determine the best course of action for your case. An attorney can help you negotiate a fair settlement, or represent you in court if necessary, to ensure that you receive the compensation you deserve for your injuries and damages.
Is it Worth Getting a Lawyer?
It is generally a good idea to consult with a lawyer if you have been injured in an accident or have suffered other types of personal injuries. An experienced personal injury lawyer can provide valuable guidance and representation throughout the process of seeking compensation for your injuries and damages.
There are several circumstances in which it may be beneficial to retain a personal injury lawyer in Houston:
- You are seeking a large sum of money in damages. If you are asking for a significant amount of money, it can be helpful to have a lawyer on your side to present your case and negotiate with the other party or their insurance company.
- The fault in the accident is in dispute. If the other party denies responsibility for the accident and your injuries, a lawyer can help you build a strong case and present evidence to prove their fault.
- You have suffered a severe injury. If you have sustained a catastrophic injury, you may need to recover a significant amount of money to cover past, present, and future medical expenses. In this case, a lawyer can help you prove that the other party breached their duty of care and seek financial damages for your medical care.
Can a Personal Injury Lawyer Drop Your Case?
There are certain circumstances under which a personal injury lawyer in Houston may decide to drop a case. Some of these circumstances include:
- The lawyer is unable to establish a professional relationship with the client. It is important for a lawyer to have a good working relationship with their client in order to effectively represent their interests. If this relationship breaks down, the lawyer may decide to withdraw from the case.
- The client is uncooperative or fails to follow the lawyer's advice. If a client is uncooperative or refuses to follow their lawyer's recommendations, it can make it difficult for the lawyer to effectively represent them. In this case, the lawyer may decide to withdraw from the case.
- The case becomes too complex or time-consuming. Some cases may be more complex or time-consuming than others, and a lawyer may decide that they are unable to devote the necessary resources to the case. In this situation, they may choose to withdraw.
- The client is no longer able to pay the lawyer's fees. Lawyers typically charge fees for their services, and if a client is unable to pay these fees, the lawyer may decide to withdraw from the case.
Below are some instances where Houston personal injury lawyers can leave your case.
- Conflict of interest. If there is a conflict of interest between you and your lawyer, or between the lawyer and the defendant in your case, the lawyer may decide to withdraw from the case. This could be due to a financial conflict or because the defendant is a former client of the lawyer. In some cases, the lawyer may also be required to withdraw if they become a crucial witness in the case.
- Engaging in criminal activities. A lawyer is ethically obligated to defend their client to the best of their ability, but they are not expected to engage in any criminal activity while doing so. If a client engages in criminal activity or persists in doing so, their lawyer may decide to withdraw from the case.
- Withholding critical information from the lawyer. It is important to be honest with your lawyer and to provide them with all of the relevant information and evidence related to your case. If you withhold critical information or evidence from your lawyer, they may decide to withdraw from the case.
There are other reasons why a lawyer dropped your case. It could be that:
- The case requires a lot of time.
- The lawyer no longer sees the possibility of success.
- The defendant may be unable to pay even if you win.
- The case is too costly, especially if it's on a contingency fee basis.
- You violated the legal representation contract.
Houston's Best Personal Injury Lawyers Can Represent You
There are many qualified personal injury lawyers in Houston who can provide representation for individuals who have been injured in accidents or other incidents. When choosing a personal injury lawyer, it is important to consider factors such as their experience, reputation, and track record of success. You may also want to consider the attorney's availability, communication style, and willingness to answer your questions and address your concerns.
Some tips for finding the best personal injury lawyer in Houston for your case include:
- Research and compare different lawyers. Look for attorneys who have experience handling cases similar to yours and who have a good reputation in the legal community.
- Consider the lawyer's fees. Different lawyers may have different fee structures, so it is important to understand how the lawyer will charge for their services and whether you will be able to afford their fees.
- Meet with the lawyer in person. Schedule a consultation with the lawyer to discuss your case and get a sense of their style and approach. This can help you determine whether you feel comfortable working with the lawyer and whether they are the right fit for your case.
Best Houston Personal Injury Lawyer