HOUSTON PERSONAL INJURY LAWYERS
CALL (800) 863-5312 TO SPEAK WITH A HOUSTON PERSONAL INJURY LAWYER FOR FREE
Though accidents in life are inevitable, legal recourse may be available if you’ve suffered an injury due to an accident caused by another’s negligence. For instance, if you were hit by a driver who was texting at the time of the accident, you may be entitled to compensation from the driver for the resulting medical bills and other expenses.
If you or your loved one has suffered a personal injury, you shouldn’t have to fight for compensation alone. Call Zinda Law Group at (800) 863-5312 for a free consultation with one of our Houston personal injury lawyers.
WHAT IS A PERSONAL INJURY LAWSUIT?
A personal injury lawsuit is a legal action that asks one party to compensate another party for the injury it caused. You may file a personal injury lawsuit against another individual if the individual was partially or wholly responsible for your injury. In general, if your lawsuit is successful, the individual must pay for the various expenses that arose from your injury. Often, the individual’s insurance company will pay for the expenses.
For an individual to be successful in his or her personal injury lawsuit, he or she must prove that the party that caused his or her injuries was negligent. To prove that the party was negligent, the individual must prove the following:
- The at-fault party owed him or her a legal duty
- The at-fault party breached that legal duty
- He or she was injured
- The breach of the legal duty caused his or her injury
COMMON PERSONAL INJURY CASES WE HANDLE IN HOUSTON
Car and Truck Accidents
Millions of car and truck accidents occur each year in the United States. One of the most common reasons they occur is because a driver was under the influence of drugs or alcohol at the time of the accident. Another reason why they occur is due to aggressive driving behaviors, such as speeding and ignoring traffic signals. Texting while driving has also been a major cause of car and truck accidents.
Common injuries include:
- Muscle strains and sprains
- Bone fractures
- Spinal injuries
Bicycle and Motorcycle Accidents
Cars and trucks are not the only vehicles on the road. Bicycle and motorcycle accidents are also very common. Furthermore, due to the increasing usage of and relatively unregulated nature of rideshare bicycles and motor scooters, we can expect an increasing number of lawsuits involving these vehicles.
Workplace injury is defined as any injury or illness that is work-related. The injury or illness can occur while you are at your physical workplace or even outside of the workplace if you were performing work duties at the time. Though workplace injury lawsuits may be barred if your employer has workers’ compensation insurance, there are some instances when you may nevertheless file a workplace injury lawsuit.
Read More: Houston Construction Accident Lawyers
Millions of dog bites are reported each year in the United States. Often, these bites are due to irresponsible dog owners who fail to put their dogs on a leash or fail to train them properly.
Common injuries arising from dog bites include:
- Torn tendons/muscles
A premises liability lawsuit is a legal action against a property owner who failed to keep his or her property safe for visitors. If a property owner is negligent in taking care of his or her property and an injury occurs as a result, he or she may be liable to the injured person.
A medical mistake often occurs because of the negligence of a medical professional. Unfortunately, such mistakes can lead to severe injuries or even death. Below are some examples of medical malpractice:
- Misreading laboratory results
- Excessive surgery
- Surgical errors
- Improper medication or dosage
- Poor follow-up
- Premature discharge
- Disregarding patient’s medical history
- Failure to order proper testing
- Failure to recognize symptoms
Though the last thing we expect when we buy a consumer product is for it to harm us, thousands of injuries from consumer products occur each year in the United States. Product liability lawsuits aim to recover compensation from the manufacturer or seller of the product that caused the injury. Product liability lawsuits generally argue that a consumer good was defective either in its design, manufacturing, or labeling, and that defect caused an injury.
If a claimant wants to prove that the good was defective in design, he or she must show that the good was not as safe as expected by an ordinary consumer who uses the good in a reasonably foreseeable manner.
If a claimant wants to prove that the good had a manufacturing defect, he or she must show that the good strayed away from the manufacturer’s original design.
If a claimant wants to prove that the good had a labeling defect, he or she must show that a foreseeable risk not obvious to a consumer could have been mitigated had there been an adequate warning label.
PERSONAL INJURY COMPENSATION
You may receive compensation for economic losses and non-economic losses.
Economic losses include the following:
- Past and future medical bills
- Past and future lost wages
- Damaged property
- Past and future loss of earning capacity
Non-economic losses include the following:
- Past and future emotional distress
- Loss of enjoyment of activities
Read More: How to Calculate the Value of a Case
STATUTE OF LIMITATIONS FOR PERSONAL INJURY CLAIMS IN TEXAS
Each state has a statute of limitations, or time limit, for victims to file a lawsuit. In Texas, you must file a personal injury lawsuit within two years of the date of the injury or accident.
Whom Can I Sue?
In general, you may sue the individual responsible for the accident. However, you may also sue others in connection to the individual as well under the theory of vicarious liability. For instance, you may sue an employee’s employer even though the employer had nothing to do with the accident if the employee caused the accident while performing duties associated with his or her employment. In a product liability lawsuit, you may sometimes not only sue the manufacturer who created the defective product, but also the retailer or distributor of the product.
When Should I Hire a Personal Injury Attorney?
Not every personal injury case requires you to hire an attorney. If your case is simple or your injuries are mild, you may not need an attorney. However, if any of the below applies to you, you may wish to seek an attorney:
- Your injury is severe
- Your injury was caused by someone else
- Your insurance company representative is contacting you
- You are uncomfortable with the legal or settlement process
- Your insurance company is refusing to pay the amount you believe is owed to you
- An insurance company tries to dispute liability
How Much Can I Win?
Many factors determine how much you can win in a personal injury lawsuit. However, two factors stand out the most. One is the severity of your injuries. For instance, if your injuries are so severe that they prevent you from working, you may likely obtain greater compensation from a successful lawsuit than if you suffered a minor sprain.
Second is the defendant’s insurance policy. In general, how much you are actually compensated is tied to the defendant’s insurance policy. If the defendant’s insurance policy covers only $100,000 for injuries of the kind you received, but you receive a judgment for $1,000,000, you may only be able to recover $100,000. This is because the average defendant is unlikely to be able to pay the rest of the judgment out-of-pocket.
How Much Can I Settle For?
Trials are expensive, so parties in a personal injury case generally try to avoid them, especially if one side is clearly in the right and one side is clearly in the wrong. If it is likely that you will win at trial, you may receive a higher settlement amount because the at-fault party does not want to a risk a jury verdict. If your case is sympathetic to a jury, it would be more likely to award you a large judgment because your injuries were severe. If the at-fault party expects a large jury verdict, they may be more inclined to settle for a larger amount.
How Long Will It Take to Receive a Personal Injury Check?
Because every personal injury case is different, the length of time it takes for a victim to receive a personal injury check depends on several factors. Below is a list of a few of these factors:
- Legal or factual complexities of the victim’s case
- How much money is involved in the case
- Whether the victim is in the hospital or receiving treatment at the time the case is filed
CONTACT A HOUSTON PERSONAL INJURY LAWYER
The experienced personal injury attorneys at Zinda Law Group may be able to help you with your personal injury claim. After an accident, you shouldn’t have to worry about affording legal representation, which is why we work on a contingency fee basis. You don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys by appointment only.