Texas Personal Injury and Wrongful Death Lawyers

The concept of duty of care is at the heart of a personal injury case. This legal obligation requires individuals to act with a reasonable level of caution and consideration to avoid causing harm to others. For example, a property owner has a duty to maintain a safe environment for visitors.

A breach occurs when an individual fails to uphold their duty of care. This can be through direct action, such as reckless driving behavior, or through inaction, such as failing to remedy a known hazard on a property.

In Texas, the principle of causation is intertwined with the doctrine of modified comparative fault. This means that the injured party's compensation can be reduced if they are found to be partially at fault for the incident. If the plaintiff is 50% or less at fault, they can still recover damages, albeit in a diminished capacity. However, if their fault exceeds 50%, they are barred from receiving any compensation.

The crux of a personal injury case lies in the damages, which encompass the quantifiable losses suffered by the injured party. These can include medical expenses, lost income, and non-economic damages such as pain and suffering.

A critical, yet often overlooked, aspect of personal injury cases is the defendant's ability to pay the awarded damages. Typically, this is covered by insurance, but it's essential to assess the availability and limits of such coverage.

These are the types of damages that have a clear dollar amount. They cover the financial losses you've incurred because of your injury. Examples include:

• Medical bills: This includes costs for hospital stays, doctor visits, physical therapy, medications, and any future medical care related to your injury.
• Lost wages: If you've missed work or cannot work in the future because of your injuries, you can be compensated for the money you've lost or will lose.
• Property damage: If your personal property was damaged as a result of the incident (like your car in an auto accident), you can be reimbursed for repairs or the value of the property.

These damages aren't about direct financial loss but more about the impact on your life that can't easily be given a price tag. Examples include:

• Pain and suffering: This is for the physical pain and emotional distress you've experienced and will continue to experience because of the injury.
• Loss of consortium: This refers to the negative impact on the relationship with your spouse or partner due to your injury, including loss of companionship or inability to maintain a sexual relationship.
• Emotional distress: Similar to pain and suffering, this covers the psychological impact of your injury, like anxiety, depression, and trauma.

Unlike the first two types, punitive damages aren't about compensating you for your losses. Instead, they're meant to punish the person who caused your injury if their actions were especially harmful or reckless and to deter them and others from similar behavior in the future. In Texas, there are specific rules and limits on when these can be awarded and how much can be given.

Our personal injury attorneys conduct a thorough investigation into the accident, gathering all relevant evidence such as medical records, police reports, witness statements, and photographs of the scene and injuries.

In an injury case, we will make sure you are getting the treatment you need without out-of-pocket costs for you in most cases. We will also obtain documentation of both the injuries as well as the other losses you suffered. We also make projections about loss of future earnings and other setbacks.

Once your condition has stabilized or your treatment has mostly concluded, we will send a detailed demand to the at-fault party's insurance company or responsible party. This demand outlines the facts of the case, the injuries sustained, the financial impact of those injuries, and a demand for compensation. In most cases the matter then enters a negotiation stage.

If a satisfactory settlement cannot be reached during pre-litigation negotiations, the next step is to file a personal injury lawsuit. This involves drafting and submitting a complaint that outlines the legal basis for the claim and the damages sought.

If a resolution cannot be obtained through the previous steps, the case will go to trial. A trial in Texas may be in front of a judge or jury. We are prepared to present your case effectively and fight for the compensation you deserve.

• You were injured or lost a loved one due to someone else's negligence
• You are unsure about who is at fault and were injured in an accident
• You were hurt at a job site, or while on the job
• You were hurt by a dog that someone failed to restrain
• You were injured in a commercial explosion, at a railroad, or any other business
• You were hurt by a product

This is not an exhaustive list, but it gives you an idea of the types of cases where it would make sense to hire a personal injury lawyer.