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Understanding the Phases of Houston Personal Injury Claims

- Charles Argento

If you have been hurt in a car or truck accident, or were blindsided by a negligent drunk driver, your life is going to look very different than before the collision occurred.

You have already sought medical care, and are attending all follow-up, rehabilitation, and therapy appointments to ensure your injuries are healing properly in hopes that soon you will be able to get your life back.

Soon you will learn your physical and emotional well-being are not the only things that have changed. Your financial stability is probably now in jeopardy from being forced to take time away from work because of your injuries while medical and monthly bills continue to mount.

It is time to pursue the negligent party who caused your injuries for financial compensation through a personal injury claim.

Personal injury claims unfold in stages, and each step requires a skilled approach to producing results.

That begins with phase one.

Phase One: Hire an Experienced Houston Personal Injury Attorney

The best way to learn what you can expect during your pursuit of compensation is by speaking with our Houston personal injury attorney, Charles J. Argento, during a free consultation, so you can make informed decisions about how your case is developed as the legal process unfolds.

You have probably been contacted by the negligent party’s insurance company, and have felt pressured to make a statement, even though you are not physically or psychologically ready to answer questions.

With our Harris County personal injury lawyer by your side, no one will be able to intimidate you going forward. All information and correspondences will go through our office, so you can focus on healing while we prepare your important injury claim.

That includes:

  • Compiling and completing all necessary paperwork, legal documents, and court requirements
  • Notifying the negligent party that we are pursuing their insurance company for damages

Phase Two: Thoroughly Building Your Case

Building your case requires a complete investigation of the accident, its cause, and the circumstances that led to the crash. We will review police reports, witness statements, and all evidence collected from the scene, including photos or videos from the crash, traffic patterns, and street camera footage.

Next, we will assess your complete injuries by reviewing your medical records, your treatment plan, and the overall prognosis, including your short- and long-term medical needs to ensure your no detail is left to chance while we outline your financial requirements.

Phase Three: Enter Settlement Negotiations With the Insurance Company

Once we submit our overall financial requirements to the insurance company, we must give them time to respond.

When they do, settlement negotiations will begin, which may include mediation to ensure the process does not break down before we can reach an agreement.

Most personal injury lawsuits are settled outside of the courtroom, but if our Houston personal injury attorney does not believe the other party is providing a fair response, we will litigate your claim inside the courtroom.

Phase Four, If Necessary: Trial

If settlement negotiations fail to produce the outcome we desire, we will prepare motions and arguments that are designed to produce results for our clients.

Once these are made, a settlement is still possible before we move the case in front of a jury.

Phase Five: Jury Verdict & Payment Collection

Once the court hears the case from both sides, the jury will decide on an outcome. When we are successful, that outcome will award the injured party, our client, a financial verdict.

The defendant can appeal the award. If they choose not to, we will pursue payment collection immediately.

Factors that will influence the verdict include the severity of the injury or injuries, the number of parties involved, and the damages being sought.

All personal injury cases are unique, and so is the outcome for each of our clients.

If you or someone you love has been hurt in a vehicle collision in Texas contact our experienced car accident attorney in Houston at Charles J. Argento & Associates today to schedule a free consultation by calling (713) 225-5050 or by contacting us online to discuss your case without delay.

How Long Does a Texas Personal Injury Lawsuit Take to Produce Results?

- Charles Argento

Our Houston personal injury attorney, Charles J. Argento, knows there is nothing normal about getting seriously hurt — or losing a loved one — because of another person, party, or company’s negligence.

Accidents with injuries are often devastating, and the financial fallout overwhelming, leaving families throughout the State of Texas reeling from collisions, defective products, medical negligence, and premises liability injuries that create unique challenges for each person.

When injury victims partner with a dedicated personal injury lawyer, their goal is to learn more about their recovery options. As they try to focus their energy on healing, the important questions loom largely over their ability to move forward with confidence.

How am I going to pay for all these medical bills?

What if I can’t go back to work?

And, finally — an extremely important factor — how long is my Texas personal injury claim going to take to produce results?

The answer is, it depends on your unique case.

Our aggressive approach to producing results for our Houston personal injury clients begins with a free consultation to discuss your injuries and moves through the legal process as quickly and effectively as we can push the facts of your case to a successful conclusion.

Our Houston personal injury lawyer will be with you every step of the way — no matter how long it takes.

How Did Your Personal Injury Occur?

Pursuing a personal injury case in Texas begins with a negligent party causing harm to another person.

That can include a car or truck accident caused by a texting, distracted, or drunk driver.

Others suffer injuries from the use of defective products or during medical malpractice cases, where their only goal was to leave the medical facility better off than when they arrived.

If your injury was caused by the negligent or reckless actions or inactions of another, your injury may mark the beginning of a personal injury lawsuit that will unfold in stages.

Understanding the Personal Injury Process and Legal Stages

Your personal injuries will begin the legal process of pursuing financial recovery, which will differ case by case.

Generally speaking, there are five potential legal stages in each case:

  • Complaint 

When our Houston personal injury lawyer accepts a case, we will file a complaint on behalf of our client to officially begin the litigation process.

The complaint is sent to the negligent party, which typically can take anywhere from days to weeks or even months, depending on the level of difficulty involved in tracking down the responsible person or party.

  • Response

The negligent party is afforded time to respond to the complaint, which is outlined to include the required timeframe for the response, which is typically one month.

  • Discovery

Discovery allows our personal injury attorney in Houston to analyze the complete case evidence, which will differ depending on the type of accident, the involved parties, and their insurance coverage.

Examining evidence and building a strong case takes time, and will be thoroughly executed, which could take months.

  • Negotiations or Jury Trial

Our personal injury lawyer will initially focus on pursuing a fair settlement for each of our client’s cases, so we can achieve the financial recovery they deserve outside of the courtroom.

If we cannot achieve superior results through negotiations, we will proceed to trial to litigate their case before a judge and jury to maximize the results.

Both the negotiation and trial stages can take months or even more than a year to accomplish successfully.

Partner With A Trusted Houston Personal Injury Lawyer Today

No matter how long your Houston personal injury case takes, we will keep you updated on each stage, so you know what to expect as we move forward.

If you have been hurt in an accident that was caused by the negligence of another, contact our Harris County personal injury attorney today. We are available now to conduct your consultation remotely by calling (713) 766-4479 or by contacting us online to discuss your case without delay. 

 

Houston Personal Injury Attorney Representing Clients During Our Stay-At-Home Order

- Charles Argento

As the COVID-19 pandemic continues to affect the health and well-being of communities across the country, Houston’s Stay-At-Home Order has been extended to April 30, 2020 to help our city do its part in slowing the virus in Texas.

While movements have slowed throughout the State, our Houston personal injury attorney, Charles J. Argento, understands that essential travel to grocery stores, pharmacies, and other necessary errands can still end in injuries that can change lives.

That is why our law office is committed to providing experienced legal representation to our Texas residents throughout these difficult circumstances.

At Charles J. Argento, our Houston personal injury law office is fully operational, working remotely to ensure the safety of the public and our staff as we continue to develop strategic and successful cases for our clients via phone, email, and video conferences.

If you have been hurt in a car accident, a drunk driving accident, a truck accident or after the wrongful death of a loved one, your losses require immediate medical care, guidance, and the advice of an attorney, so we can pursue the best financial recovery available for your unique case.

What Types of Personal Injury Accidents Are Still Occurring During the COVID-19 Pandemic?

Even during a city-wide stay-at-home order, negligence knows no bounds.

While there may be fewer commuters on our roadways, there has been an increase in semi-truck traffic throughout the State, as truck drivers are working overtime to deliver the goods our communities need to get through this difficult time.

Truck accidents lead to severe injuries, especially as drivers race from one destination to the next, speeding and avoiding sleep.

Additional traffic on our roadways can also be attributed to the demand for delivery services, including food, grocery, and other services as the city takes the steps necessary to curb the virus’s spread.

All drivers in the State of Texas must carry a minimum amount of vehicle insurance coverage for the costs of an accident that was deemed to be their fault.

Those laws include coverage for delivery drivers.

The minimum car insurance coverage requirement in Texas is:

  • $30,000 per injured person
  • $60,000 per accident
  • $25,000 to cover third-party property damage

When a negligent delivery driver causes an accident with injuries and their car insurance is unable to cover the complete costs of medical care, lost wages, or additional expenses, we may be able to pursue the delivery company’s insurance provider for your additional financial needs.

Delivery services, including Uber Eats, DoorDash, and GrubHub carry up to $1 million in insurance coverage for each of their drivers. When the driver’s personal insurance coverage is exhausted, their employer’s insurance coverage may be pursued for our client’s overall damages.

How Can We Pursue the Negligent Party During the Houston Stay-At-Home Order?

At Charles J. Argento, our Houston personal injury lawyer is dedicated to producing results for our clients, even under difficult circumstances — including the current COVID-19 pandemic.

Like our law office, insurance companies are still fully operating, if even in a remote capacity. That means our attorney can build your case based on the evidence, injuries, and financial requirements necessary to negotiate with the negligent party’s insurance company while you focus on healing.

If your case cannot be negotiated outside the courtroom, our personal injury lawyer will take the necessary steps to litigate your case before a judge and jury, so together we can pursue the best outcome available for your personal injury needs.

If you have been hurt in an accident, contact our Harris County personal injury attorney today to schedule a free remote consultation by calling (713) 225-5050 or by contacting us online to discuss your case safely and effectively without delay. 

What Is the Statute of Limitations on Houston Personal Injury Cases?

- Charles Argento

All states have imposed legal limits on the amount of time individuals have to file a lawsuit in civil court.

Personal injury cases in the State of Texas are a form of civil lawsuits that typically fall under a two-year statute of limitations, with some accidents requiring action in less time, depending on the circumstances or location where the injury occurred.

So, what does that mean for our Houston residents who have been hurt in a car crash, truck collision, slip and fall accident or while seeking medical care?

Our Harris County personal injury lawyer, Charles J. Argento, explains your legal options and the time constraints to file the proper claim under our Texas laws.

The Statute of Limitations for Personal Injury Cases in Texas

With only a few minor exceptions, which we will outline below, Texas statute of limitations laws read that individuals who have suffered a personal injury caused by another’s negligent actions or inactions have exactly two calendar years to file a lawsuit against the responsible party.

If the injured party does not file the lawsuit before the two-year deadline expires, the judge will likely refuse to hear the case, which means your right to pursue financial compensation for the damages that resulted from your injury will expire.

What Are the Exceptions to the Texas Personal Injury Statute of Limitations Laws?

Our personal injury attorney in Houston would like our clients to think of the statute of limitations as a running clock.

The clock begins ticking the moment the injury occurs, working towards the two-year statute of limitations — when time is up.

In Texas, there are several scenarios that may stop the clock, temporarily pausing and extending the deadline to file a personal injury claim.

The circumstances that may modify the standard personal injury statute of limitations timeline can include:

  • The injured person is under the age of 18, or as described by Texas law — under a legal disability
  • The injured person is of not of sound mind

The clock will begin running once the injury victim turns 18 or becomes mentally competent.

Another possibly acceptable delay in filing a personal injury case is if the person responsible for the injury — which could include a drunk driver, or another negligent party — leaves the State of Texas.

The period of the responsible party’s absence will not count as part of the two-year statute.

What If I Am Filing an Injury Claim Against the Texas Government? Is the Statute of Limitations the Same?

If your injury occurred due to the negligence of a Texas state or local government employee or agency, you must file a formal claim with the governmental unit that you believe may be responsible for causing your injury within six months of the accident.

Since the timeline and the filing requirements are more stringent than a non-government-related personal injury claim, it is important to consult with an experienced Houston lawyer immediately after the accident occurs to ensure your rights are protected.

What Happens If I Miss the Personal Injury Filing Deadline in Texas?

The two-year statute of limitations for personal injury cases in Texas should be adhered to unless a rare exception entitles you to additional time.

If not, you may lose the right to pursue the financial recovery you deserve for your medical costs, lost wages, and miscellaneous expenses, which can be overwhelming when you suffered severe injuries.

If you have been hurt in an accident caused by another person, party, or entity’s negligence, contact our Houston personal injury attorney, Charles J. Argento, by calling (713) 225-5050 today for a free consultation. 

Avoid Traffic Accidents by Knowing the Rules on Interstate 45 in Houston, Texas

- Charles Argento

At Charles J. Argento, our Houston, Texas car accident attorney has successfully represented clients who have been seriously injured in crashes throughout Harris County with an aggressive approach to pursuing the negligent drivers responsible for our clients’ crashes.

While we continue to fight for our clients’ rights and the physical, emotional, and financial recovery they deserve, the truth is, our Houston personal injury lawyer hopes you never need us.

Unfortunately, with I-45 operating as a major backbone to our Houston traffic patterns, the 285 miles of highway becomes a danger zone for our residents, listed in the top five in both DUI-related crashes and fatal incidents at nighttime throughout the country.

The more our community knows about the often-traveled highway and its lane restrictions, the better prepared they will be to travel I-45 safely. We’re here to provide the resources everyone needs to stay safe on our roadways, and to deliver justice when a negligent party takes that away.

How Dangerous is I-45 in Houston?

Upon analyzing federal road safety data, the consumer research giant, Value Penguin, deemed I-45 the second-most dangerous highway in the United States based on the fatal accidents that occur throughout its run from Houston to Galveston and the Galveston Causeway to the Gulf of Mexico.

Known as the Gulf Freeway to locals, I-45 includes reversible high-occupancy vehicle lanes that flow with the incoming and outbound traffic patterns from downtown Houston to help traffic flow during peak travel times and aid in reducing accidents.

Who Can Use the High Occupancy Vehicle Lanes in Houston?

According to the Texas Department of Transportation, vehicles with at least two people, and up to as many people as the vehicle will safely hold, or a motorcyclist may use Houston HOV lanes.

Other vehicles eligible to use HOV lanes include:

  • Buses
  • Emergency vehicles responding calls
  • Motorcycles
  • Passenger cars
  • Pickup trucks
  • Vans

Carpools, vanpools, and motorcyclists ride in HOV lanes for free, while solo drivers have the option of paying a toll to use the lanes during non-peak hours. Called the HOT lanes, or high-occupancy toll lanes, access to these lanes provide an additional resource for travelers to use during their commute.

Vehicles prohibited from using HOV lanes in Houston include:

  • Trucks having a gross weight capacity of five tons or more
  • Trucks with more than two axles
  • Vehicles towing trailers

When Are the I-45 North and South HOV Lanes in Operation?

The I-45 HOV lanes allow drivers to avoid congestion and travel faster than regular lanes during peak periods.

I-45 North and South HOV lanes are in operation Monday – Friday:

  • Inbound direction:     5am – 11am
  • Outbound direction:    1pm – 8pm

The hours of operation may change on observed holidays.

What Are the Benefits of the HOV and HOT Lanes in Houston, Texas?

There are multiple benefits to high-occupancy vehicle lanes and the high-occupancy toll lanes in Houston.

Including:

  • Faster, more efficient commutes
  • Shared fuel costs
  • Reduced congestion
  • Fewer vehicle emissions
  • Less vehicle wear and tear
  • Less stop-and-go traffic
  • Providing new options for commuters
  • Improving air quality by reducing traffic congestion
  • Offers increased enforcement of the HOV lane system
  • Better utilization of existing HOV lanes
  • Increasing safety and promoting quick response to accidents and issues in the lanes due to additional camera monitoring

As our infrastructure continues to evolve to meet our city’s growing needs, traffic will remain a large part of our residents’ day-to-day challenges. That does not mean safety has to be compromised during our travels. Unfortunately, negligence is ever-present on our roadways, whether it is distracted drivers texting while driving or drunk or impaired drivers getting behind the wheel.

If you or a loved one has been hurt in an I-45 accident, contact our skilled Houston car accident attorney at Charles J. Argento today by calling (713) 766-4417 to schedule a free consultation. We will assess your case and provide a unique approach to producing results for your complete financial recovery, so you can focus on healing. 

Car Seat, Booster Seat & Seat Belt Laws in Houston, Texas

- Charles Argento

The Centers for Disease Control lists that car accidents were responsible for nearly 24,000 deaths throughout the United States last year. Over half the adults and teens who were killed in those crashes were not wearing their seat belts at the time of the collision.

The State of Texas observes primary seat belt laws, which means all drivers and passengers aged eight and older, or younger than seven who are 57” or taller, must be restrained by a seat belt. If they are not securely seat belted during travel, they can be stopped and ticketed for the infraction on sight. The officer does not have to have an additional reason for stopping the vehicle — the lack of seat belt use is enough to warrant being pulled over and ticketed.

Our Houston car accident attorney knows that getting a seat belt ticket is not the worst that can happen to those who drive or ride in a vehicle unrestrained, which is why we would like to keep everyone on our Harris County safe with a few tips on obeying car seat, booster seat, and seat belt laws throughout the state.

Houston Car Seat Laws & Best Practices for Keeping Traveling Kids Safe

According to the City of Houston, all children under 17 years old must be secured in a safety belt or child safety seat, whether they are riding in the front or back seats.

Children who are under the age of five, and less than 36” tall, must be securely fastened in a car seat that:

  • Is appropriately sized to fit the child’s weight and height
  • Fits inside the vehicle properly

What Type of Car Seat Should I Use for My Child?

There are hundreds of car seats on the market, ranging in sizes, prices, and quality, which can make choosing the right one for your child a confusing task.

Here are a few tips on getting the right fit for your small children.

Children who are one year old or under, weighing less than 20 pounds should be securely placed in a rear-facing car seat:

  • Placed ONLY in the backseat, never in the front seat with an airbag
  • Seated at a 45-degree angle, or based on the specific instructions supplied with the car seat to keep the head from drooping or their airway becoming restricted

Children who are one year old or under, weighing less than 30 pounds should be securely placed in a rear-facing convertible car seat:

  • Placed ONLY in the backseat, never in the front seat with an airbag
  • Seated at a 45-degree angle, or based on the specific instructions supplied with the car seat to avoid their heads drooping or their airways becoming restricted

As they begin to grow:

  • Children who are at least one year old, weighing 20 to 40 pounds should be secured in a convertible car seat, facing forward or backward
  • Children who are at least one year old and 30 to 40 pounds should be secured in a booster seat with a harness
  • Children who weigh over 40 pounds, and are less than 4’9”, should be secured in a booster seat using a lap/shoulder seat belt instead of the harness straps
  • Children over 4’9” tall must be restrained using a lap/shoulder seat belt
  • Children 13 years old or younger should never ride in the front seat of vehicles with active passenger airbags

Properly restraining your child can mean the difference between life and death during a car accident.

According to the Texas Department of Transportation:

  • In children over the age of one year old, motor vehicle crashes are the leading cause of serious injury or death
  • Each day throughout the U.S., an unrestrained child under the age of five years old is killed in a traffic collision

The safest place for a child in a car is in a rear seat, properly buckled into a child safety seat or a booster seat.

For adult drivers and their passengers in the front seat, wearing a safety belt improves survival by 50% during a crash. As an extra safety precaution, ensuring your airbags are functioning properly at all times is the most effective way to survive a serious collision.

While we hope you will never need our Harris County personal injury lawyer, Charles J. Argento, our law firm knows that negligence can happen anywhere at any time on our roadways, causing serious injuries to even those who are properly using each safety feature available in their vehicle.

If you have been hurt in a motor vehicle collision, contact our Houston car accident attorney today at (713) 766-4694 to learn more about your legal options in holding the negligent party who caused your crash financially responsible for your recovery. 

What is The Role of a Personal Injury Lawyer After an Accident?

- Charles Argento

The primary role of a Houston, Texas personal injury attorney is to protect the rights of the injured after they have been hurt in an accident.

When you have been hurt in a traffic accident in Harris County, your life can change in seconds, and you will need someone to take a leadership role to ensure your best interests are at the forefront of your recovery.

Our experienced Houston personal injury attorney, Charles J. Argento, has the experience you need to pursue results.

Role One: Communicator.

Your injuries are enough to contend with after an accident, yet one of the most stressful parts of your recovery will include communicating with the other driver, their insurance company representatives, and depending on the circumstances of your collision — their attorney.

Even after you have been discharged from the hospital, and resting at home, the stress of recounting the accident to insurance investigators can take a toll on your ability to heal.

During the conversation, the insurance company is going to try and confuse the crash details using manipulation tactics that will get you to claim (at least partial) fault for the accident. Your statement will be recorded, and it can be used against you going forward.

Do not speak with the insurance company without legal representation. Otherwise, you may be left paying for your medical bills, lost wages, and miscellaneous expenses out of pocket.

Role Two: Investigator.

When you are hurt in an accident in Houston, Texas, your injuries are going to require extensive medical care, which could mean time away from work — without a paycheck.

Our committed personal injury lawyer in Houston will take on the role of an investigator by partnering with:

  • Accident reconstruction experts, who will recreate the crash scene to build our case
  • Medical specialists who will testify to the extent of your injuries, and their medical requirements
  • Law enforcement officials, who will explain what they witnessed at the scene
  • Witnesses, who will provide details of the crash

If you were involved in an accident with a commercial vehicle, including a semi-truck, our investigative skills will allow us to preserve evidence from the truck, the driver — including logbooks — and the trucking company and manufacturer — including the black box recording device, so no detail is “misplaced” by a third-party while we build your personal injury case.

Role Three: Negotiator.

After we investigate your complete financial needs — including partial or full disability that resulted from your crash — we will begin negotiating with the insurance company to recover the financial compensation you deserve as a result of the other driver’s negligence.

Should the insurance company respond with an offer that is less than you deserve for your injuries, we will proceed with our case inside the courtroom — with your permission to achieve the best outcome available.

Our Houston personal injury lawyer, Charles, J. Argento, has litigated hundreds of cases before judges and juries and has achieved exceptional verdict results on our clients’ behalves, so they can face their injuries with confidence.

If you have been hurt in an accident, contact our Houston accident attorney today at (713) 766-4504 to schedule a free consultation to learn how we can take the leading role in your recovery during a free consultation.

Federal Appellate Court Rejects Expert Report in Texas Product Defect Case

- Charles Argento

Expert testimony is vital to many product liability cases.  Experts are often necessary to prove to a judge or jury that a product was defective as designed or manufactured, or that a product’s defect actually led to the accident and injury that befell the plaintiff.  A valid and compelling expert opinion is often the difference between winning and losing a personal injury case. For that reason, courts hold expert reports to a high standard. A federal appeals court in Texas recently threw out an expert’s report in a case involving an allegedly defective car, dooming the plaintiff’s case.  Read on for details about the case, and contact a seasoned Houston, Texas product defect lawyer if you have been hurt by a defective product in the Houston area.

Driver killed in car crash due to alleged transmission combustion

The case of Smith v. Chrysler concerned a man killed in a car crash while driving his 2013 Jeep Wrangler.  Just days after the accident, Chrysler sent out a transmission notice explaining that the transmission oil cooler (TOC) of some 2012 and 2013 Jeep Wranglers might leak, which could cause a fire in the vehicle’s underbody.  There was charred grass under the vehicle after Smith’s accident, indicating the presence of a fire.

After Smith’s death, his family sued Chrysler in federal court for claims under Texas’s product defect laws, arguing the TOC defect led to the accident.  They claimed the defect caused the car to catch fire, filling the passenger compartment with carbon monoxide, whereby Smith lost consciousness and crashed as a result.  After evidence was gathered in the case, Chrysler filed a motion for summary judgment to have the case thrown out as a matter of law, and the court granted their motion.  The Smith family appealed.

On appeal, the 5th Circuit focused in particular on the parties’ respective expert reports.  The Smith family submitted a report from a fire cause expert who opined that he could not determine whether the fire was caused by the specific TOC recall defect.  The plaintiffs then requested and received more evidence from Chrysler, which ultimately concerned causes of fires other than the TOC defect. The plaintiffs then submitted a supplemental report from the same expert in which he claimed he could now conclude that the recall defect likely caused the fire.

The court determined that the expert’s second report was late and unreliable, without actual analysis of the new information provided by Chrysler.  Instead, the new report merely added a declaration that he had reviewed the new data but in reality relied on the same data that the expert already had before issuing the first report.  The expert simply generated a new conclusion based on the same data that was more favorable to the plaintiffs.

Because the new data concerned other defects besides the one alleged to have caused the fire in this case, the revised report could at best have ruled out these other causes of the fire but could not have actually helped the expert determine that this TOC recall defect was the cause in this case.  The appellate court threw out the opinion and upheld the trial court’s decision to rule in favor of Chrysler.

Speak with an Experienced Houston Defective Product Attorney

If you or a loved one has been injured by a defective product in the Houston area, please contact Houston, Texas personal injury attorney Charles J. Argento. During a free initial consultation, we will evaluate your potential product defect claim, as well as your options for obtaining fair compensation for your injuries and damages. As your Houston product defect lawyer, Mr. Argento accepts no legal fees until we recover on your behalf.

Top 5 Reasons to Hire a Qualified Houston Personal Injury Lawyer

- Charles Argento

If you have been injured in an accident, you are likely considering your best options for moving forward. Approaching a lawsuit on your own is a daunting experience, and there are many reasons why it is more beneficial to retain a qualified personal injury attorney rather than handle the matter by yourself. Below we discuss the top 5 reasons why you should hire a dedicated, experienced, and passionate Texas personal injury lawyer if you’ve been hurt in an accident in the Houston area.

1. Insurance companies do not have your best interests at heart

After an accident, you may be inclined to rely on your insurance company to handle the case for you. There are laws that generally govern how an insurance company must operate following an accident, but the fact remains that an insurance company is out to maximize its own profits and minimize its own expenses and liabilities. You want someone fighting on your behalf, to make sure that your insurance company does not cut corners, and that the other parties’ insurance companies pay you the compensation you deserve.

2. Experience with different types of injuries

A qualified personal injury lawyer knows not only how to bring a lawsuit on your behalf, but also how to evaluate your injuries. Proving your claim requires a deep understanding of and experience with the different types of injuries that can arise in a personal injury claim, including how to identify them, how to document them, and how to ensure that they are compensated for by the parties responsible. car accident injuries can include fractures, breaks, and sprains; fire and chemical burns; traumatic brain injury; loss of functionalities such as sight, smell, and hearing; vertigo; or other long-term conditions such as loss of limb or serious disease. You need a knowledgeable personal injury lawyer who knows what to look for and how to prove damage and causation in a courtroom.

3. Personal injury attorneys know how to establish and maximize damages

An experienced personal injury attorney can help ensure that you maximize your available damages. Your attorney will help you not only identify your injuries but also identify all of your available claims under the applicable laws. You may not know whether certain types of damages, such as emotional distress or pain and suffering, are available in your case and, if so, how to prove them. You may even be eligible to receive punitive damages if the defendant was particularly reckless. A dedicated personal injury attorney will ensure that you pursue all available damages under the law.

4. Proving your case can be complicated and require compliance with strict rules

There are a lot of factors that go into every court case, whether personal injury or otherwise. These include not only collecting evidence from the right sources and at the right times in order to prove very specific elements under the law, but also complying with many strict and often confusing court rules. A dedicated Houston personal injury lawyer will make sure that you are not caught up in legal limbo because of the complicated Texas court procedures, and that you are able to prove your case according to the various applicable laws.

5. A dedicated personal injury lawyer keeps track of the little things and avoids mistakes

In a personal injury case, every detail matters. You need someone in your corner who will help you collect and retain all of the documents that may become necessary down the line to prove your claims or your damages. You want an attorney who will meticulously keep track of the details of the case, making sure that you do not miss critical deadlines or omit important facts or arguments that can hamper or ruin your case. It is difficult to keep track of these sorts of details without the experience of a dedicated personal injury attorney, and pursuing a case on your own or with inexperienced counsel can cause important details to slip through the cracks. These details can be critical in proving your claims and maximizing your recovery.

Speak with an Experienced Houston Personal Injury Attorney

If you or a loved one has been injured as a result of someone else’s negligence in the Houston area, please contact Houston, Texas personal injury attorney Charles J. Argento. During a free initial consultation, we will evaluate your potential personal injury claims, as well as your options for obtaining fair compensation for your injuries and damages. As your Houston personal injury lawyer, Mr. Argento accepts no legal fees until we recover on your behalf.

Personal Injury Claims and How They Work

- Charles Argento

After being injured in an accident, facing the prospect of a personal injury lawsuit can be incredibly daunting. Even though it may be the last thing you want to think about after an injury, well behind recovering and getting back to work, it is vital to start thinking ahead to a potential lawsuit as soon as an accident occurs that is caused by someone else’s negligence. Whether you were injured in a car accident, in a workplace mishap, in a slip-and-fall on someone’s property, by a defective product, or in some other manner caused by the negligence of another, it is important to be ready and prepared from the outset. An experienced Houston personal injury attorney can help guide you through the system and make sure that you are as prepared as possible from the beginning of the process through bringing claims, negotiating a settlement and, failing that, going to trial. Below is a look at the process involved in pursuing a personal injury claim in Texas.

Investigating your personal injury claim

If you were injured in an auto accident, there are specific steps you will want to follow, including speaking with the police, filing an accident report with the DMV, and contacting the insurance companies for both you and the other driver(s). More generally, your first step should be retaining an experienced Texas personal injury attorney who knows Texas law.

Your attorney will help you with the initial fact-finding process, during which you and your attorney will investigate the circumstances of the accident that led to your injury. This includes speaking with people involved in the accident and other witnesses, speaking with your employer if relevant, photographing and otherwise documenting the scene of the accident, seeing your doctor and collecting all relevant medical records, and generally collecting as much information as you can regarding the circumstances surrounding the accident. You can use this information, with the help of your attorney, to begin negotiations with the at-fault party (or their insurance company) to see if you can reach a settlement before bringing a lawsuit.

Filing a personal injury claim in court

Assuming the party responsible for your injury or their insurance company do not offer a reasonable settlement, it may be time to bring a personal injury lawsuit. Texas law gives you two years from the date of the accident to file a lawsuit. Your personal injury attorney will use this time to try to settle the claim pre-lawsuit and to prepare the necessary documents to file the suit.

Your personal injury attorney, with your assistance and input, will file and serve a complaint explaining your claim; file pretrial motions regarding discovery, witness statements, and summary judgment seeking to win on certain issues or win the case outright, where appropriate; attend pretrial hearings and continue to negotiate a possible settlement; argue the case before a judge or jury; and resolve post-trial matters such as motions or appeals to a higher court.

Speak with an Experienced Houston Personal Injury Attorney

If you or a loved one has been injured as a result of someone else’s negligence, please contact Houston, Texas personal injury attorney Charles J. Argento. During a free initial consultation, we will evaluate your potential personal injury claim as well as your options for obtaining fair compensation for your injuries and damages. As your Houston personal injury lawyer, Mr. Argento accepts no legal fees until we recover on your behalf.

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