CALL (800) 863-5312 TO SPEAK WITH A WINTER STORM PERSONAL INJURY LAWYER FOR FREE
Recently, Texas suffered through a devastating winter storm. The storm caused many fatalities and left thousands of Texans in the cold.
Texas victims of a winter storm may be able to file a personal injury claim for a variety of reasons. If a victim was injured at the hands of another, they may be entitled to compensation in court.
If you or a loved one has been injured in a personal injury incident after the recent winter storm, call Zinda Law Group at (800) 863-5312 for a free case evaluation with a Texas winter storm personal injury lawyer.
WHAT IS A WINTER STORM?
A winter storm is a weather event that involves precipitation in the form of snow, sleet, or freezing rain. Often coupled with strong winds and below-freezing temperatures, winter storms can be dangerous, especially for areas without the proper precautions in place. Weather experts have identified four different types of winter storms that may occur in the United States. These types include:
- Lake-effect storms
- Ice storms
A snowstorm is a weather event where precipitation falls as snow. If the air temperature remains at or below freezing, any subsequent precipitation will fall as snow. If the air near the ground is above freezing temperatures, the precipitation will melt to form rain or freezing rain. A snowstorm where there is no accumulation is called a snow flurry. A brief snowstorm with snow falling at varying intensities is called a snow shower. If the snow showers are accompanied by strong gusts of wind and accumulation of snow, the storm is called a snow squall. Most Texans have never seen these kinds of storms.
A blizzard is a severe snowstorm defined by the strength of the winds rather than the amount of snow it brings. Blizzards can create blowing snow conditions in high-wind areas, which may reduce visibility. A blizzard typically lasts for three or more hours and often leads to the accumulation of significant amounts of snow.
Lake-effect storms occur in areas with massive bodies of water. Most snowstorms form due to low-pressure systems that lift moist air into the atmosphere, but lake-effect storms form due to the abundance of moisture from the nearby body of water. When cold, dry air may pass over the lake and pick up massive amounts of water, which falls back to the ground as heavy snow.
An ice storm is a winter storm that has an accumulation of at least 0.25 inches of ice on all outdoor surfaces. The ice forms a slick layer on the ground that can make driving and walking conditions dangerous and can cause branches and powerlines to snap due to the weight of the ice. Ice storms can include sleet, freezing rain, or both.
Winter storms often create conditions where travel may be dangerous or impossible. Fortunately, many local weather channels tend to follow winter storms as they progress and provide updates to residents of the potentially affected areas. The National Weather Service typically issues alerts for areas that should prepare for snowstorms, blizzards, wind chill, lake effect storms, and ice storms based on their severity and longevity.
Types of personal injury claims
Personal injury law lets an injured person seek compensation when someone else’s wrongful conduct causes them harm. There are a variety of situations that can give rise to a valid personal injury claim. The devastating Winter Storm Uri that Texans recently suffered through affected the safety and livelihood of its residents. As a result of the massive damages incurred by the people of the state, insurance companies are expecting a large number of incoming claims.
However, some victims may have sustained injuries or damages not covered by an immediate insurance policy. If you were injured in an incident during the winter storm, you may still be able to seek compensation for your damages in court. Depending on the specifics of your claim, you may be able to file a personal injury lawsuit and seek monetary damages from the responsible party directly. There are many different types of personal injury lawsuits. The five most common personal injury claims are:
- Car accident cases,
- Slip and fall cases,
- Medical malpractice cases,
- Product liability cases, and
- Unintentional tort cases.
Car Accident Cases
Car accident cases are the most common type of personal injury claims in the United States. Depending on the liability laws of your jurisdiction, you may be able to seek damages directly from the responsible party if they were not operating their motor vehicle reasonably at the time of the accident. Even in winter storms, drivers are expected to operate their cars with care and caution. If a driver failed to do this and you were injured as a result, they may be liable for your injuries.
Slip and Fall Cases
Slip and fall claims are another common type of personal injury case. Property owners have a legal duty to keep their premises reasonably safe and free of hazards. This legal duty includes being responsible for reasonable floor maintenance and upkeep. If you slip and fell on a wet floor during a winter storm, you may be able to pursue compensation from the property’s owner.
Medical Malpractice Cases
A medical malpractice claim can arise when a doctor or other healthcare professional provides treatment that falls below the appropriate medical standard of care, and a patient is injured as a result.
Product Liability Cases
Defective or dangerous products are the cause of thousands of injuries every year in the United States. Product liability laws allows victims of defective products to recover from the manufacturer or distributor of faulty products. These claims are usually brought under state theories of negligence, strict liability, or breach of warranty.
Unintentional Tort Cases
Unlike other types of personal injury claims, intentional torts are not based on accidents caused by negligence or carelessness, but rather when one person harms or injures another on purpose. These cases can involve an added aspect of criminal liability against the perpetrator as well. Victims of crimes can usually file personal injury lawsuits in civil court to seek compensation for injuries resulting from an attack.
If you were injured or sustained damages during the recent winter storm in Texas, you may be able to file a personal injury lawsuit against the responsible party. Depending on the specifics of your claim, you may have multiple different options when seeking compensation in court. Choosing which theory to pursue may be difficult for those without experience settling and litigating personal injury cases. Thus, if you were injured, it may be beneficial for you to retain a personal injury attorney who can help you evaluate your case’s merits under your jurisdiction’s applicable laws.
HOW MUCH IS MY PERSONAL INJURY CLAIM WORTH?
Depending on the specifics of your accident, you may be able to file a claim in court seeking compensation for your damages. How much your particular claim is worth may depend on a variety of factors. If you have been injured in an accident, it may be helpful for you to determine what minimum amount you would be willing to accept from the responsible party in court. If you fail to prepare before litigation, you may be left with unresolved damages and bills.
When determining the value of your claim, there are a few factors that you should consider. These factors include your physical injuries, associated trauma, property damage, cause of the accident, medical bills, permanent bodily harm, and your pain and suffering. There are three different types of damages that you may want to consider when calculating how much your claim is worth.
Economic damages are quantifiable costs and expenses resulting from the accident. Economic damages may include:
- Medical bills
- Lost income and wages
- Future economic losses, and
- Property damage.
Non-economic damages are intangible damages that are not as easily quantified. Non-economic damages are subjectively calculated by a jury in a personal injury case and can vary depending on the specifics of your accident. Types of non-economic damages that may be available to you include:
- Pain and suffering,
- Emotional distress,
- Disability, and
- Loss of enjoyment of life.
Punitive damages are damages designed to punish the responsible party in cases of extreme recklessness or carelessness.
While this list is not exhaustive, it may serve as an important starting point when calculating your potential damages in a personal injury lawsuit. Calculating damages in an injury suit can be a daunting task. An experienced personal injury attorney may be able to help you calculate your damages and get the highest compensation possible.
ZINDA LAW GROUP’S PERSONAL INJURY ATTORNEYS ARE HERE TO HELP
Winter storms can have a negative effect on every aspect of a community. During winter storms, residents may not act reasonably, thus injuring others with their carelessness. Storms may cause car accidents, crime, medical malpractice, or slip and falls. Many of these accidents may cause serious injuries that require long-term treatment. Victims may be left with hefty debt and trauma as a result of their injuries.
If you or a loved one was injured in a personal injury accident during a winter storm in Texas, you should contact a personal injury attorney as soon as possible. An experienced personal injury attorney may be able to help you seek legal recourse, evaluate your claim’s merits, and negotiate a fair settlement for your injuries.
At Zinda Law Group, we have the knowledge and resources necessary to help you pursue the highest compensation possible. Zinda Law Group may be able to provide you with personalized and quality consultation about the specifics of your legal claim. The sooner you contact our office, the better we may be able to serve you.
If you or a loved one sustained injuries in Texas’s winter storm, call Zinda Law Group at (800) 863-5312 for a free consultation with one of our winter storm personal injury lawyers. You don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.