At CityWide, we understand how difficult it is to know exactly what to do after you become injured in an accident due to negligence. We are here to help. Your recovery and well-being are our top priorities, and we are dedicated to providing the support you need. Our team can help you:
- Connect with a physician who specializes in accident injuries
- Connect with a chiropractor for post-accident therapy
- Locate a personal injury lawyer Houston through our referral system
- Complete the legal paperwork, working side-by-side with your attorney
- Obtain the necessary documentation and labs to go with your case
It is our goal to help you get your life back and ensure you are fully and fairly compensated.
Texas Law for Personal Injury
Texas has laws that govern personal injury lawsuits. These statutes determine limitations on filing, how much you can receive for damages, and whether you have a basis for filing a claim. You may discuss your specific case with a personal injury attorney Houston but knowing the basics can help you understand what to expect before you meet.
Injuries due to car or truck accidents are the most common personal injury suits filed. If you were struck by an auto while riding your bike, your claim would also fall under the car accident category. Because Texas is a “fault” state, a party is assigned fault for causing the accident.
Additionally, the state has a modified comparative fault rule that stipulates more than one party can be held responsible. The plaintiff and the defendant can share a percentage of the blame for an accident. Additionally, it is also possible to have multiple defendants who share fault. Anyone determined to have responsibility for the accident is liable for a proportionate share of the damages. A person who is 50% at fault or less is eligible for compensation. The percentage of fault is determined by the court system using the results of accident investigation reports. The outcome then impacts the amount you are compensated for.
Other Personal Injury Categories
In addition to auto accidents, personal injury law covers injuries sustained from negligence in other areas. Damages due to medical malpractice, property liability, product liability, and dog bites are all regulated under the same personal injury laws as car accidents.
Negligence Factors in Texas Law
Texas utilizes the theory of negligence to determine whether a plaintiff has a personal injury case. A personal injury lawyer Houston TX can help establish whether your case meets the following criteria:
- The the plaintiff was under a duty of care by the defendant
- The defendant demonstrated a breach of this duty
- This breach led to personal Injury for the plaintiff
- The plaintiff suffered damages due to the injury sustained
It is the plaintiff’s responsibility to prove negligence, and a successful case supplies sufficient evidence to establish that the criteria were met.
Duty of Care
The point of the duty of care criterium is to ascertain whether the defendant had a legal responsibility to ensure the plaintiff’s safety. This may mean that a relationship exists between the two that establishes this duty, such as a teacher-student relationship. It can also stipulate that any person acting under similar conditions has a responsibility to others to conduct themselves reasonably and safely. This is typically the easiest criterium to meet.
Breach of Duty
Once the duty of care is established, the plaintiff and the personal injury lawyer Houston must then prove that the defendant demonstrated a breach of duty. Generally, the court requires that the plaintiff provide evidence that reveals that a reasonable person would not have engaged in the same actions or behaviors as the defendant in the same situation. For example, a claim that the driver was driving distracted would require proof, such as evidence that the defendant was texting while driving.
Cause of Injury
The determination of a breach of duty is only upheld when the last two criteria are met. The plaintiff must establish that the breach of duty resulted in actual damages and injuries and that the accident wouldn’t have occurred if the defendant acted differently. A personal injury attorney Houston determines what evidence is required to establish that the cause was due to a breach of duty and not some other factor. CityWide Injury can help clients gather the appropriate documentation they need for this step in the process.
Compensation for Personal Injury
The amount a plaintiff is awarded for a successful personal injury case depends on several factors, and each case is different. However, compensation is only granted when there are proven damages as a result of the negligent actions of the defendant.
Damages can include medical bills, rehab costs, property damage, lost wages, and pain and suffering. In addition, the plaintiff may be compensated for future medical expenses that arise due to the injuries sustained, loss of earning potential, and loss of quality of life. A personal injury lawyer Houston TX can help with estimating how much you might receive in compensation.
Statute of Limitations
The statute of limitations establishes how long you have to file a suit for personal injury. In most cases, Texas law allows for claims to be filed for up to two years following the accident. There are exceptions to this, and a personal injury lawyer Houston can let you know if your case meets the requirements for fraud or breach of contract, both of which have a four-year statute of limitations.