Houston Personal Injury Attorney

What to Do After an Accident in Houston?

Immediately following an accident in Houston, your priority should be ensuring safety and getting medical help for yourself or anyone injured. Once everyone’s safety is assured, promptly call 911 so police can officially document the incident crucial for proving your claim later.

It is essential to gather evidence immediately, including photographs or videos of the accident scene, vehicle damage, injuries, and surrounding areas. Obtain names and contact details from witnesses, and avoid discussing fault or admitting responsibility at the scene.

Finally, even if you don’t initially feel injured, promptly get a thorough medical evaluation to document injuries that may not be immediately obvious, and contact an experienced Houston personal injury attorney to guide you forward.

How Do I Know If I Have a Houston Personal Injury Case?

Determining whether you have a valid personal injury claim involves more than just being injured in an accident. A successful claim in Texas must show that someone else’s negligence or intentional wrongdoing directly led to your injuries and losses. To establish this, you’ll typically need evidence proving the responsible party owed you a duty of care, breached that duty, and caused injuries resulting in measurable damages.

Whether you live in Houston including its Midtown, Mid West, Greater Uptown, and Greater Third Ward neighborhoods or surrounding areas like Cypress, Montrose, River Oaks,  Montrose, River Oaks, or anywhere in Texas, and believe these elements apply to your situation, contact our skilled Houston personal injury attorney who can carefully assess your case specifics and guide you on the next steps.

Understanding Texas Personal Injury Laws: What You Need to Know

Most people never expect they’ll need to understand Texas personal injury laws until an accident happens, and suddenly, knowing your rights becomes crucial. Unfortunately, by then, it’s often overwhelming to make sense of complex statutes and regulations on your own.

That’s why Houston personal injury attorney Charles J. Argento is here: to translate these critical legal principles into a clear, understandable language for you. We believe every client deserves clarity about their case and the confidence from knowing exactly how we’re fighting for their rights.

Here’s what you need to know about Texas personal injury laws to help you navigate your situation.

1. Statute of Limitations (Tex. Civ. Prac. & Rem. Code §16.003)

Personal injury claims must be filed within two years from the date of injury. Failure to file within this period generally bars the claim.

2. Modified Comparative Fault (Tex. Civ. Prac. & Rem. Code §33.001)

• Texas follows a modified comparative fault rule known as the 51% Bar Rule.
• An injured party cannot recover damages if they’re found to be more than 50% responsible for the accident.
• If a plaintiff is partially responsible (50% or less), their compensation is reduced proportionally by their percentage of fault.

3. Damage Caps

• Medical Malpractice ( Civ. Prac. & Rem. Code §74.301): Non-economic damages are capped at $250,000 per defendant, up to $750,000 if multiple providers are involved.
• Punitive Damages ( Civ. Prac. & Rem. Code §41.008): Punitive damages are capped at twice the economic damages, plus the amount equal to non-economic damages (up to $750,000), or $200,000, whichever is greater.

4. Texas Auto Insurance Laws

• Texas operates on a fault-based auto insurance system, meaning the at-fault driver’s insurance pays for injuries and damages.
• Minimum liability coverage required by law (30/60/25 rule):

• $30,000 per person for bodily injury.
• $60,000 per accident for bodily injury.
• $25,000 per accident for property damage.

5. Texas Premises Liability Law

• Property owners owe varying degrees of care depending on the visitor’s status:

• Invitees: Highest duty of care; owners must regularly inspect and fix hazards.
• Licensees: Must be warned of known dangers.
• Trespassers: Limited duty, but still cannot intentionally cause harm.
  • Exceptions exist under the Attractive Nuisance Doctrine for child trespassers.

6. Texas Workers’ Compensation Laws

• Texas is unique as it does not require all employers to carry workers’ compensation coverage (called a non-subscriber state).
• Employers who do not subscribe lose many legal defenses in injury lawsuits filed by injured employees.

7. Governmental Immunity and the Texas Tort Claims Act (Tex. Civ. Prac. & Rem. Code §101.001 et seq.)

• Limits liability of government entities (cities, counties, state agencies) to specific situations, including vehicle accidents involving government employees, premises defects on public property.
• Caps recovery from government entities:

• $250,000 per person, $500,000 per incident for bodily injury/death.
• $100,000 for property damage claims.

8. Texas Dog Bite Liability (“One Bite Rule”)

Texas follows a “one-bite” rule, meaning owners are typically liable if the dog has previously bitten or demonstrated aggression. Once this is established, the owner may be held strictly liable.

9. Local Regulations in Texas Cities

The City of Houston including its Midtown, Mid West, Greater Uptown, and Greater Third Ward neighborhoods and surrounding areas like Cypress, Montrose, River Oaks,  Montrose, River Oaks, and other larger cities like Austin, Dallas, and San Antonio have local ordinances related to property maintenance, sidewalk repairs, building safety codes, and construction safety that can be highly relevant to personal injury claims involving premises liability, construction accidents, and municipal liability.

10. Dram Shop Law (Tex. Alcoholic Beverage Code Ann. §2.02)

Bars, restaurants, and liquor establishments can be held responsible if they sell or serve alcohol to an intoxicated person who subsequently injures someone else.

How Fault Is Determined in Personal Injury Claims & Essential Steps to Follow

Determining fault in a personal injury claim relies heavily on gathering and presenting clear evidence to demonstrate the other party’s responsibility for your injuries. Crucial evidence often includes police reports documenting the details and causes of the accident, eyewitness statements providing unbiased accounts of the event, medical records linking your injuries to the incident, and photographs or videos capturing the scene, damages, and hazardous conditions. Additionally, expert testimony from accident reconstruction specialists, medical professionals, or engineers can strengthen your case by clearly establishing how and why the accident occurred.

Compensation Available in Texas Personal Injury Cases

In Texas, personal injury victims can potentially recover multiple compensation forms to cover economic and non-economic losses.

• Economic damages typically include medical expenses, lost wages, future earning potential, rehabilitation costs, and property damage.
• Non-economic damages, often called “pain and suffering,” compensate victims for physical pain, emotional distress, loss of enjoyment of life, disfigurement, and other intangible harms.
• In certain circumstances, punitive (exemplary) damages may also be awarded to punish incredibly reckless or malicious behavior.

Understanding which categories of damages apply and how to accurately quantify them is key to achieving a fair outcome in your Texas personal injury claim.

How Can Charles J. Argento Help You with Your Personal Injury Case in Houston?

Navigating the aftermath of an injury can be daunting, especially when dealing with complex legal matters and aggressive insurance companies. Charles J. Argento brings decades of proven experience as a personal injury attorney in Houston, ensuring clients have a powerful advocate who fully understands Texas law and local court procedures.

By carefully investigating your case, gathering evidence, and working with medical and accident reconstruction experts, our Houston personal injury law firm develops a strategic approach tailored to securing maximum compensation. Whether negotiating assertively with insurance companies or presenting a compelling case in court, his top priority remains ensuring your voice is heard clearly and your rights protected throughout the entire legal process.

Whether you live in Houston including its Midtown, Mid West, Greater Uptown, and Greater Third Ward neighborhoods or surrounding areas like Cypress, Montrose, River Oaks,  Montrose, River Oaks, or anywhere in Texas, and believe these elements apply to your situation, contact our skilled Houston personal injury attorney today to learn more about your legal rights and options to pursue a claim.

Contact Our Houston Personal Injury Attorney Charles J. Argento To Get The Legal Representation You Deserve

If you have been the victim of an accident in Houston through no fault of your own, whether it is an automotive, workplace, or another type of accident, and if you expect just compensation, then you must have adequate representation.

The quality of Houston truck, motorcycle, or car accident law firm varies greatly, and when your well-being rests upon receiving compensation for an injury, you do not want to take chances. You want the best! Charles J. Argento is among the best attorneys in both Houston and all of Texas, and he has the credentials to prove it.

Contact our Houston personal injury lawyer, Charles J. Argento, today at (713) 225-5050 and let him help you too!