Personal Injury Attorney in Houston Texas
Personal injury law refers to legal actions stemming from injuries a person suffers because of another party’s conduct. In many cases, victims are tempted to believe that these cases are not complicated and they will not need to hire attorneys.
Some people are convinced that by forgoing legal representation, they will keep more of the final award for themselves. Insurance companies often like to encourage this line of thinking because they know that people who do not hire an attorney are more likely to accept a settlement offer which is less than what they are actually entitled to.
A personal injury action is subject to strict time limits in Texas, which makes it of particular importance for any person injured by another party’s negligence to retain legal counsel as soon as possible. The Law Office of Richard Schechter, P.C. represents clients in Houston and many surrounding areas of Texas.
Our firm has been handling all kinds of personal injury cases for over three decades. You can have our attorney review your case, answer your questions and explain your legal options when you call (800) 734-5612 or submit an online contact form to schedule a free consultation.
Personal Injury Lawyer in Houston, TX
Personal injuries can be sustained in a variety of circumstances in Texas. A person could be injured on the job, during a recreational activity, or while driving.
All these types of cases involve their own unique factors, but the common thread in most personal injury claim is the negligence of another party. In many cases, a negligent party or its insurance company is likely to argue that you were actually the one at fault for your injuries.
Victims should not become engaged in disputes over liability. They should avoid speaking to any insurance company without legal representation because it is important to avoid inadvertently saying something that could be construed as negligence on your part.
The Law Office of Richard Schechter, P.C. can deal with insurers on your behalf and begin trying to negotiate a fair settlement. If an insurance company does not provide a satisfactory offer, we can file a lawsuit.
Texas Personal Injury Laws
Texas Civil Practice and Remedies Code § 16.003(a) places a statute of limitations of two years on most personal injury claims. A person must file suit within two years of the date of his or her accident or risk losing the ability to hold the negligent party civilly liable.
Under Texas Civil Practice and Remedies Code § 33.001, a person cannot recover damages if his or her percentage of responsibility is more than 50 percent. Texas Civil Practice and Remedies Code § 33.012 further provides that a court must reduce the amount of damages in a personal injury case by a percentage equal to the victim’s percentage of responsibility.
This is known as a modified comparative fault system, and a variation of it is used by most states in the nation. Under this system, a victim who is awarded $100,000 in damages but found to be 25 percent at fault would have his or her damages reduced by $25,000 and ultimately receive $75,000.
Types of Personal Injury Cases We Handle
The Law Office of Richard Schechter, P.C. handles a broad variety of personal injury cases. Some of the most common include:
- Car Accidents
- Trucking Accidents
- Jones Act/Maritime Claims
- Defective Products
- Railroad (FELA) Injuries
- Oil Field Injuries
- Refinery Injuries
- Workplace Injuries
- Opioid Deaths
- Wrongful Death
- Class Actions and Mass Torts
Every kind of accident involves its own unique circumstances. Some types of accidents are much more likely to result in serious injuries. Some of the types of catastrophic injuries our firm has experience with are:
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Internal organ injuries
- Severe burns
- Eye Injuries/Vision Loss
You should not be surprised when an insurance company questions the severity or legitimacy of your injury claims. In many cases, repeated requests for medical documentation are a common tactic invoked to further delay resolving an injury case.
Damages for Personal Injury Cases
Most personal injury cases do not make it to trial. The insurer representing the negligent party will almost always agree to a settlement in order to avoid the significant costs of defending a policyholder in court.
Settlements typically provide the amounts that a person would have sought for damages in court. If a case does go to a trial and a victim proves his or her case by a preponderance of the evidence, the jury usually awards compensatory damages.
Compensatory damages may include a combination of economic damages and noneconomic damages. Economic damages are calculable losses, such as medical expenses, property damage, lost income, loss of earning capacity and out-of-pocket expenses. Noneconomic damages are more subjective, and may include pain and suffering, emotional distress and/or aggravation of a pre-existing condition.
In a very limited number of cases, a jury may also award punitive damages or exemplary damages. Under Texas Civil Practice and Remedies Code § 41.003, punitive damages can only be awarded when a plaintiff proves by clear and convincing evidence that the harm in his or her personal injury claim resulted from fraud, malice, or gross negligence.
Punitive damages are intended to punish defendants for particularly egregious conduct and discourage others from behaving similarly. Texas Civil Practice and Remedies Code § 41.008 establishes that exemplary damages cannot exceed $200,000 or two times the amount of economic damages plus an amount equal to any non-economic damages found by the jury, up to $750,000.
Contact a Houston Personal Injury Attorney
If you or your loved one was recently injured in any kind of accident caused by another party’s negligence, do not wait to retain legal counsel. Contact the Law Office of Richard Schechter, P.C. right away.
Our law firm is prepared to fight to help you recover all of the compensation you are entitled to. Call (800) 734-5612 or contact us online to have our lawyer provide a complete evaluation of your case during a free consultation.
Contact us today to schedule your free consultation with the truck accident attorney Texas knows and trusts.