If you or a loved one have been injured in an accident caused by another person, you may have many questions on how to navigate the complex world of personal injury law. Pursuing a personal injury case in Houston can be a daunting and stressful experience. With so many Houston law firms and attorneys to choose from, it can be challenging to know where to start when seeking legal representation.
That's why we gathered tips from a top-rated Houston lawyer who has successfully handled personal injury cases, so you can protect your rights and get justice for your injuries.
What is Personal Injury Law in Houston?
Personal injury law in Texas is a complex area that defines how people can receive compensation for injuries they have sustained as a result of someone else's negligence. Also referred to as tort law, it involves disputes when one person experiences psychological or physical harm or financial losses due to another person's wrongful or careless behavior. Securing compensation for the injured victim and holding the offender accountable for their conduct are key objectives of personal injury law.
What do you need to prove in a personal injury case?
To be successful in a personal injury lawsuit in Texas, the injured person must prove that the other party was negligent or failed to act as a reasonable person would have acted in similar circumstances. More specifically, you must prove the following four elements:
- The defendant owed you a duty of care.
- The defendant breached that duty.
- The defendant's breach was the cause of your injuries.
- You sustained physical and emotional injuries or incurred financial losses due to the defendant's conduct.
Types of personal injury cases
Many situations are covered under personal injury law, including:
- Car accidents.
- Truck accidents.
- Premises liability, such as slip and fall accidents.
- Product liability
- Medical malpractice.
- Dog bites.
- Workplace accidents.
- Intentional torts, such as assaults.
- Nursing home neglect and abuse.
- Wrongful death.
Factors That Affect Personal Injury Claims in Houston
Personal injury claims in Houston may be affected by:
- The severity of the injuries you sustained.
- The evidence available to support the claim.
- The degree of fault of each party involved.
- The amount of available insurance coverage.
- The experience and reputation of your attorney.
How long do you have to file your personal injury claim?
Texas has a two-year statute of limitations for personal injury claims, which means they must be filed within two years of the incident to be considered by the court. If not, the claim becomes time-barred and cannot be filed again.
What is comparative negligence? How does it affect your case?
Texas uses a modified version of comparative negligence known as proportionate responsibility, which limits your damages if you are found to be partially responsible for your injuries. You may be barred from receiving compensation under this law if you are more than 50% responsible for the accident or your injuries.
Steps To Take After a Personal Injury
Your actions immediately after a personal injury accident can significantly affect your chances of success. Follow these steps to help ensure your right to justice and compensation:
- Contact emergency medical services and law enforcement.
- Exchange contact and insurance information.
- Take photographs of the accident and the immediate area.
- Get medical care as soon as possible.
- Secure any physical evidence from the accident.
- Contact an experienced personal injury lawyer.
The Importance of Having a Houston Top-Rated Personal Injury Lawyer on Your Side
Due to the complex nature of Texas personal injury law, you should speak with a qualified personal injury attorney as soon as possible following your accident to preserve your rights and maximize your compensation. Regardless of whether they are a medical practice or an auto accident attorney, a top-rated Houston personal injury lawyer will effectively manage every aspect of your claim, including representing you in court, negotiating with insurance companies, and helping you avoid costly mistakes that could harm your claim.
Hire Citywide Injury as Your Personal Injury Lawyer
CityWide Injury can help you navigate Houston's personal injury law by connecting you with a physician specializing in auto accident injuries, finding a chiropractor for post-injury therapy, assisting with legal paperwork, and obtaining the proper medical records and accident documentation to support your case.
Contact us today via our online contact form or call us at 713-782-0082.
Joe Danna is a Chiropractor specialist practicing in Houston, TX. Where he has lived his whole life.