Houston Personal Injury Lawyers

It’s helpful to have a general sense of what happens in a personal injury case before you get started. Here’s a look at how a victim can hold someone else responsible for their injuries, as well as some other rules that might affect a claim or lawsuit.

If you're seeking compensation after an accident, you'll need to prove that the other party was at fault. This is typically done through a claim of "negligence." Here’s how it works. To prove negligence, you must show that the defendant didn’t act as carefully as they should have, and this lack of care caused the accident. In everyday situations, everyone is expected to act with reasonable care to avoid putting others at risk. For example, a driver should follow traffic laws to prevent accidents. Some situations require a higher or more specific standard of care. For instance, doctors and other healthcare providers are expected to meet a professional standard of care when treating patients.

Sometimes an accident happens while the person at fault is working for an employer. In this case, you might be able to pursue a claim of “vicarious liability” against the employer. This legal concept means that an employer can be held responsible for the careless actions of an employee if those actions occur while the employee is performing their job duties. Going after the employer can help you get full compensation for your injuries.

In some types of cases, you might be able to pursue compensation through a “strict liability” theory, which can be easier to prove than negligence. Under strict liability, you don’t need to show that the defendant was careless. One common situation where strict liability may apply is an injury involving a defective product. You would need to show that the product had a defect and that this defect caused your injury.

Another way to hold someone accountable for injuries caused by a consumer product is through a “breach of warranty” claim. This involves proving that you were injured because the product didn’t live up to certain promises or guarantees made (or implied) by the manufacturer or seller.

There are certain incidents that fall under a category called “intentional torts.” These include situations where someone intentionally causes harm to another person. Common examples include assault, battery, and intentional infliction of emotional distress. Sometimes intentional torts also lead to criminal charges. However, even if the person responsible isn’t convicted in a criminal court, you can still pursue a civil lawsuit for compensation.

When you're injured and considering a lawsuit, it's important to know that there is a time limit for taking legal action, known as the "statute of limitations." In Texas, you usually have two years to file a lawsuit. If you miss this deadline, you may lose the chance to receive compensation, even if you can prove that the other party was at fault for your injuries.

There are other reasons to start your case as soon as you can. Waiting too long can make it harder to gather the evidence you need. For instance, a convenience store might not keep security camera footage of a slip and fall if they aren't quickly informed that a lawsuit might be coming.

There are a few other concepts related to personal injury claims that might be useful to know:

• Comparative negligence: a victim who was partly at fault for their injuries can still get damages unless they were more than 50 percent at fault, but their damages will be reduced by their percentage of fault
• Damages caps: Texas generally doesn’t limit the amount of compensatory damages that a victim can recover, although caps apply to non-economic damages in medical malpractice cases and to damages in claims against the government
• Suing the government: a victim must give a government entity notice of a claim against it within six months after the accident

These are just some considerations to keep in mind as you think through your legal options after an accident.

Most personal injury lawsuits don't end up in front of a jury or judge. Instead, the parties involved usually come to an agreement known as a settlement. In a settlement, the defendant or their insurance company agrees to pay the injured party a certain amount of money. In return, the injured party agrees not to pursue any further legal action related to their injuries.

Settling a case can help both parties move forward more quickly. For the victim, it means receiving compensation without enduring long and stressful court proceedings, which can be crucial if they need the money urgently. Another advantage of settling is that it eliminates the uncertainty of a jury trial. There's no way to know for sure how a jury will interpret the events; they might decide the defendant is not liable at all, or they could award the victim much more than the settlement offer. By reaching a settlement, both sides avoid this unpredictability.

Reaching a settlement often involves several rounds of offers and counteroffers between the victim and the defendant or their insurer. If you're under financial stress after an accident, it might be tempting to accept the first offer you receive. However, this might not be in your best interest, since the initial offer may not cover all your costs and losses. This is especially important to consider if you've suffered serious injuries that may have long-term effects, which might not be immediately apparent. Once you agree to a settlement, you typically can't go back and ask for more compensation later if you find out you need it.

Hiring an attorney to handle your claim or lawsuit can significantly ease the process, allowing you to focus on your recovery without added stress. Even if your case doesn't go to trial, having an attorney can be highly beneficial. An experienced attorney can present your case effectively during settlement negotiations, which may lead to better offers from the defendant or their insurer. This professional support can give you a better chance at fair compensation for your injuries and losses.

Your attorney will gather all the necessary evidence to prove both liability and damages in your case. This might include photos of the accident scene, medical records, documentation of your expenses, and testimony from eyewitnesses and experts. As negotiations progress, your attorney will guide you on the advantages and disadvantages of each offer you receive. Their experience with similar cases allows them to estimate the potential value of your claim accurately. Additionally, having an attorney can lead to fairer treatment from the defendant or insurer, since they are less likely to try to take advantage of someone who is represented by a professional.

There are times when the two sides can't come to an agreement on a settlement, and the case ends up going to trial. If this happens, your attorney's skill becomes even more valuable. They will develop a strategy to persuade the judge or jury that the law supports your case and prepare responses to any arguments the defendant might raise. Someone without legal knowledge or experience in courtroom procedures would likely struggle to present their case as effectively.

If you're dealing with the aftermath of an accident and need legal representation, starting your search for an attorney online can be very helpful. Using resources like the Justia Lawyer Directory allows you to review and compare personal injury lawyers throughout the Houston area.

When searching for the right attorney, it's important to focus on those who have experience with cases similar to yours. For instance, an attorney who primarily represents car accident victims might not be the best fit for a medical malpractice case. Similarly, a lawyer who focuses on suing nursing homes may not have the right approach for a case involving a defective product.

It's also crucial to consider the attorney's professional history. Ideally, they should not have a long record of violating Texas rules for attorneys. However, a minor infraction at some point in their career might not be a dealbreaker if they are otherwise well-qualified for your needs.

Client reviews and testimonials are valuable resources when evaluating potential attorneys. Meanwhile, endorsements from their peers can indicate a strong professional reputation. Many attorney websites also highlight the most impressive verdicts and settlements they have achieved for past clients.

Once you've identified a few promising candidates, it's a good idea to set up consultations with them. During these meetings, you can discuss the basics of your case and get their initial thoughts on it. This is also an opportunity to assess whether you feel comfortable with the attorney and trust their judgment.

Injuries can occur in almost an infinite number of ways and places. Here are some common examples of events that may result in a claim or lawsuit:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Medical malpractice
• Nursing home negligence or abuse
• Incidents involving defective products
• Slip and falls
• Dog bites
• Construction accidents and other workplace incidents

If you were injured on the job, you might be eligible for workers' compensation benefits. However, it's important to note that Texas is unique in that it doesn't require businesses to have workers' compensation insurance. If your employer does have this coverage, you can receive benefits after an accident regardless of who was at fault. This can provide financial support for medical bills and lost wages without the need for a lengthy legal battle. On the other hand, if your employer does not carry workers' compensation insurance, the situation becomes more complex. In this case, you would need to file a lawsuit against your employer and demonstrate that their actions contributed to your injuries.

Even if your employer has workers' compensation insurance, you might still have an additional claim against another person or business that contributed to your injury. Pursuing this claim, in addition to receiving workers' comp benefits, can be a smart move, since it may allow you to secure more comprehensive compensation.

A recent study on verdict awards in personal injury lawsuits in Texas found that the average amount awarded is over $800,000. However, the median amount awarded is just over $12,000. You might wonder why there's such a significant difference between these two figures. The reason is that the average amount is heavily influenced by a few very large verdicts. These outlier cases, which result in exceptionally high awards, can skew the average, making it appear much higher than what most plaintiffs actually receive. In contrast, the median is the middle value, meaning that half of the verdicts are above this amount and half are below. It isn't affected by extreme values.

Some of the most notable recent verdicts in Texas personal injury cases include:

• Nearly $60 million for failing to promptly diagnose and treat a patient, resulting in paralysis (although the award was reduced due to the medical malpractice damages cap)
• Nearly $72 million in a wrongful death case based on a warehouse accident
• $37.5 million for a fatal truck accident caused by a distracted driver who did not brake in time
• $18 million for a woman who was paralyzed in a rollover car accident when she was a passenger in a car driven by a drunk driver

These cases should not be seen as typical, but they illustrate the possibility of large damages awards in extreme situations.

The Texas Department of Transportation compiles statistics on car accidents in many Texas cities. The data for 2023 show that Houston had 274 fatal car accidents and 1,360 crashes that were suspected to have caused serious injuries. In total, 67,644 car accidents occurred in Houston that year. Statistics specific to drunk driving accidents showed that this behavior accounted for 78 fatal accidents, 87 crashes that were suspected to have caused serious injuries, and 2,098 total crashes.

In Harris County more generally, 501 fatal car accidents occurred in 2023, as well as 2,330 crashes that were suspected to have caused serious injuries. In total, 116,551 car accidents occurred in Harris County. Statistics specific to drunk driving accidents showed that this behavior accounted for 140 fatal accidents, 157 crashes that were suspected to have caused serious injuries, and 3,338 total crashes. Harris County had 38,454 crashes involving speeding (including 158 fatal crashes and 708 suspected to have caused serious injuries), 6,113 crashes involving commercial vehicles (including 38 fatal crashes and 121 suspected to have caused serious injuries), and 10,139 crashes involving distracted driving (including 16 fatal crashes and 231 suspected to have caused serious injuries).

According to data from the Texas Department of Transportation, the most dangerous intersections in Houston in 2023 included:

• Beltway 8 and Bissonnet Street (90 accidents)
• I-610 and North Main Street (83 accidents)
• U.S. Route 59 and Beltway 8 (76 accidents)
• Beltway 8 and Alternate U.S. Route 90 (74 accidents)
• I-45 and Greens Road (64 accidents)
• I-45 and Rankin Road (64 accidents)
• U.S. Route 59 / I-69 and Hillcroft Avenue (57 accidents)
• I-610 and North Durham Drive (56 accidents)
• North Sam Houston Parkway and JFK Boulevard (56 accidents)
• Beltway 8 and Beechnut Street (55 accidents)

Most of these intersections involve freeways and other major roads that see high volumes of traffic, often traveling at high speeds.

If you were injured in a car crash in Houston, obtaining a copy of the police report can be crucial for supporting your claim. Police reports typically become available to the public after 5-8 days of processing. You have a few options for getting your hands on this important document. One convenient way is to purchase a crash report online from the Texas Department of Transportation. Alternatively, you can request the report by mail or visit the Records Division of the Houston Police Department in person. The Records Division is located on the first floor of the Edward A. Thomas Building at 1200 Travis Street.

If you were injured in a crime, such as an assault, there are resources available to help you. The Crime Victims Assistance Unit in the Harris County Sheriff’s Office offers support to victims, helping them apply for compensation and providing legal aid. Additionally, the Houston Police Department has a Victim Services Division with multiple locations across the city.

If you believe that a doctor did not provide you with the appropriate care, you have the option to file a complaint with the Texas Medical Board. This board oversees the professional conduct of doctors and can investigate your concerns. Meanwhile, if you feel that you received substandard care at a healthcare facility, such as a hospital, nursing home, assisted living facility, hospice, or group home, you can file a complaint with the Texas Health and Human Services Commission.

If you were injured on the job, it's important to know that the Texas Department of Insurance offers a variety of resources for injured employees. They can provide guidance on how to navigate your situation and understand your rights. Additionally, if you encounter any safety violations at your workplace, you can report these issues by calling their safety violations hotline at 800-452-9595.

1. What should I do after a car accident?

   If you are involved in a car accident, it's important to stay at the scene and exchange information with other drivers involved. Make sure to call the police so they can generate an official report, which could be very helpful later. While you’re at the scene, take photos to document the accident and gather contact information from any bystanders who might have witnessed what happened. It's crucial to avoid saying anything that could imply you were at fault, such as apologizing to someone else. After you leave the scene, it's a good idea to get checked out by a doctor, even if you think your injuries are minor. Some injuries may not be immediately obvious. Additionally, you should contact your auto insurer and consider consulting a lawyer to understand your rights and next steps.

2. How much will my lawyer take from my compensation as their fee?

   When you hire a personal injury lawyer, they typically take a fee ranging from 25 to 40 percent of your compensation. The exact percentage can vary depending on how far your case progresses. For instance, if your case goes to trial, the lawyer may take a higher percentage than if it ends in a settlement. Your representation agreement with the attorney will clearly outline how their fee will be calculated, so you'll know what to expect.

3. Who can sue after a fatal accident?

   If someone dies in an accident, their spouse, child, or parent can bring a claim for damages. If none of these family members takes legal action within three months, the responsibility can fall to the executor or administrator of the deceased person's estate to pursue the claim.

4. When can I get punitive damages?

   Punitive damages, known as "exemplary damages," can be awarded in cases where it can be demonstrated that the defendant acted with extreme negligence or malicious intent. To secure these damages, the person bringing the claim must meet a standard of proof known as "clear and convincing evidence." This is a more stringent requirement compared to the "preponderance of the evidence" standard typically used in personal injury cases.