Car Accident & Personal Injury Attorney in Houston, Texas

Q: What constitutes a personal injury case? Do I have a legitimate claim?

A: The first rule of thumb when it comes to determining a personal injury case is answering whether or not you have actually suffered injury — either to your person or property. Next, was this injury someone else’s fault? Keep in mind when assessing the injury that it does not have to be physical in nature. Invasions of privacy, defamation of character and even emotional distress can constitute a personal injury lawsuit.

Q: If I was injured in an accident how quickly should I file a lawsuit?

A: The statute of limitations varies by state, and the time limit to file can be as little as 12 months. In the state of Texas, the statute to file a personal injury claim is 24 months, or two years. It is important to file within this time frame, so your legal rights can be upheld in a court of law.

Q: When meeting with a Houston personal injury and accident attorney, what should I bring with me?

A: It is important to bring anything that is relevant to your personal injury case, which can include contact information of witnesses, accident reports and details regarding the conditions of your accident. Any pertinent information including dates, times, individuals present, locations and circumstances are all essential to the outcome of your case. In addition, medical bills, accounting of lost wages or future earnings and any record of damages to property or the insurance coverage involved (whether it is yours or the person’s you are suing). The more information you can provide in the initial consultation, the better.

Q: What if the result of person injured died prior to a claim being filed?

A: If the individual passes away as a result of their injuries from the claim that was going to be filed, the Spouse, Parents and Children can bring what is called a wrongful death suit against the person who caused the personal injury. If an unrelated circumstance caused the death of the individual who was going to file the personal injury claim, it is possible for their estate executor to pursue the case on their behalf.

Q: What is the definition of “Negligence?”

A: Personal injury claims are devised by the actions of a reasonable person, and placing accountability on those who cause injury as a result of non-compliance of these actions. Negligence is the result of a person failing to act as an ordinary, reasonable person. Actions taken by a negligent party are just as important as their in actions and both can be argued in court successfully to prove fault.

Q: What if negligence cannot be proved in court? Is there any other recourse for personal injury recovery?

A: Absolutely. Individuals and companies can be held liable for personal injury under law called “Strict Liability”. Within the law this is defined as liability that does not depend on actual negligence or intent to harm. This area of law is usually pursued for damages in defective and dangerous products cases, and in cases where harm is endured through hazardous materials or a dangerous substance, when injury is the result.

Q: What is the punishment for someone who has caused an injury to another?

A: Punishment, in the traditional sense, is not part of a personal injury case. Civil cases do not include jail time, fines or punishment by the penal system. The courts and juries will decide the financial ramifications and judgment against the person or company who has caused your personal injury, and in some cases punitive damages can be recovered in sizable amounts to discourage this behavior from continuing.