Personal Injury Law in Houston, TX

Were you hurt due to another’s negligence in Houston? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Houston, TX can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Houston relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Houston, TX

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

• Car Accidents
• Slip and Fall
• Dog Bites
• Medical Malpractice
• Workplace Accidents
• Burn Injuries

Most Common Injuries in Houston 

According to Texas Mutual, the most frequent claims for work-related injuries are cuts, strains, and falls. Most reports came from the service industry (41%), but manufacturing (18%) and construction (14%) combined represent a slightly higher percentage. For Houston commuters driving to work, the Texas Department of Transportation reported that 15,843 experienced serious injuries from a motor vehicle crash.

Steps in a Personal Injury Lawsuit in Houston, TX

Once you determine that you wish to proceed forward with a personal injury action in Texas

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either a settlement or a court appearance.

Your attorney may attempt to negotiate a settlement anytime after filing the lawsuit. 95% of torts settle out of court, so mediation becomes a critical phase in the process. If mediation does not work, a judge and jury will have the final decision in Houston.

Texas Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and the factors that impact the final amount.

There’s no guarantee of recovering damages for any lawsuit, but it’s worth considering the precedents created by Texas jurisprudence. In 1998, a woman won $325,000 in a personal injury lawsuit against KinderCare Learning Centers. Damages awarded always depend on the complaint, but $325,000 back in 1998 could mean much more today. If you’re feeling anxious, you can at least set an expectation for non-economic damages by totaling your medical bills and out-of-pocket expenses.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in TX, that means you risk not receiving any compensation at all.

Damage Awards in Texas

If your Texas personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Lawsuits filed in Houston do not have a limit on non-economic damages except for medical malpractice. Damage caps for injuries caused by the improper practice of medicine include:

• $250,000 limit for cases against a doctor
• $500,000 limit for suits against a facility
• $750,000 cap for non-economic damages

Statute of Limitations in Houston, TX Personal Injury Law?

In personal injury cases, there is typically a limited timeframe in which the injured party can file a lawsuit, known as the statute of limitations. This timeframe is determined by state law and generally begins either at the time of the injury or when the injury is discovered. The latter scenario can be more complex, as the plaintiff must provide evidence of when the injury was first identified.

In Texas, individuals have two years to file a personal injury lawsuit. If you discover an injury related to an accident within this period, even in Houston, you may still pursue legal action.

To protect your rights and maximize your compensation, it’s crucial to consult a personal injury lawyer as soon as possible. Delaying could result in missing the opportunity to claim the compensation you deserve.

Work With an Experienced Houston, TX Lawyer

Pursue a personal injury claim in Houston against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Texas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.