PERSONAL INJURY - HUNTSVILLE, TX

Types of Claims Our Huntsville Personal Injury Attorneys Handle

West & West is a full-service law firm that focuses solely on pursuing our client’s best interests. We have experience in litigating claims such as:

• Car accidents
• Construction accidents
• Product liability
• Mass disasters
• Medical malpractice
• Workplace injures
• Premises liability
• Nursing home abuse

Huntsville Personal Injury Basics

Texas’ personal injury laws govern how and when a claim should be filed, depending on the type of accident and the injuries sustained. In general, to prove a personal injury claim, you must prove that you were injured because of the defendant’s wrongful conduct. Although a Huntsville personal injury attorney is in the best position to discuss the facts of your case and applicable laws, see below for some Texas personal injury law basics.

Car Accident Injuries

If your personal injury stems from an automobile accident, or if you were struck by a vehicle as a bicyclist or pedestrian, Texas’ “Modified Joint and Several Liability” laws will come into play. Texas law provides that driver, passenger, bicyclist, and pedestrian injuries will be covered by the liable party’s insurance, up to the policy limits. If the vehicle is uninsured or underinsured and all or some of your injuries are not covered, you may then be able to turn to your own insurance or a family member’s insurance for additional coverage.

In Texas, car accident fault is only an issue if your injuries are ‘serious.’ If you have sustained serious injuries and someone else caused the accident, you may have a personal injury claim against the responsible party. Injuries that are classified as serious include the following: death, dismemberment, disfiguration, fracture, loss of fetus, limited or loss of use or function, or disability resulting in being unable to participate in day-to-day activities for 90 days or more in the 180 days following the accident.

Proportionate Responsibility Law

Even if you were partially at fault for the accident that resulted in your injuries, you might still be entitled to recover compensation from another at-fault party, depending on the circumstances of your case. See below for more information on Texas’ proportionate responsibility law.

Wrongful Death

If you lost a loved one due to someone else’s fault, you might have a wrongful death claim for some of the losses that you have suffered as a result. These cases are emotionally difficult for surviving family members, but recoverable compensation can provide financial stability that may help you and your family as you go through the grief and healing process.

Survival Actions

If your deceased loved one experienced loss, such as pain and suffering, medical bills, and lost wages, the estate representative may bring a survival action on behalf of the decedent to compensate the estate for those losses.

Determining Negligence in Huntsville Personal Injury Cases

Huntsville personal injury cases are typically based on a standard of negligence, and plaintiffs must prove that the defendants’ conduct amounted to negligence in order to succeed in their personal injury claims. A finding of negligence involves proving the following four elements:

• That the defendant owed the plaintiff a duty of care. This is not typically a difficult standard to prove as everyone has a duty to act in a reasonable manner when performing any type of conduct or activity that could foreseeably harm another person. For example, if you are backing out of a driveway, you have a duty to look behind you and make sure that your path is clear so that you do not run into any person or vehicle that may be crossing your path.
• That the defendant breached his or her duty of care. In most cases, reasonableness is the standard when it comes to whether or not the defendant breached his or her duty of care. A plaintiff must provide evidence that shows that a reasonable person would not have engaged in the same conduct or behavior as the defendant in a similar situation. The standard may be different in some cases, such as a medical malpractice case where a plaintiff needs to demonstrate that the defendant’s treatment and care fell below the medical standard of care.
• That the plaintiff was injured by the defendant’s breach of care. A defendant will not be held accountable for breaching a duty of care unless the plaintiff demonstrates that he or she suffered actual injuries and damages.
• That the plaintiff’s injuries were caused by the defendant’s breach of duty. Finally, the plaintiff must prove that he or she would not have suffered the injuries if the defendant had not breached his or her duty of care. In other words, it was the defendant’s actions, or inaction, that caused the plaintiff’s injuries.

Texas is a proportionate responsibility State

It is important to note that Texas is a proportionate responsibility state regarding negligence. Sometimes more than one person is at fault for an accident that led to injuries and damages, and sometimes the injured party is partially at fault for the accident that caused the injuries or partially at fault for the extent and severity of the injuries. A common personal injury defense is that the plaintiff’s conduct caused or contributed to his or her own injuries and damages.

In these types of cases, the percentage of fault will be assigned to parties during trial, and the. For example, if a pedestrian was sending a text message while crossing the street in a crosswalk and was struck by an automobile, the defendant driver might allege that the pedestrian was partially at fault for being distracted while crossing the street. So long as the pedestrian is found to be less than 50% at fault, then the pedestrian retains the right to recovery.

What is the Statute of Limitations on Huntsville Personal Injury Claims?

The statute of limitations for personal injury cases in Texas varies depending on the type and specific circumstances of your case. In general, injured parties have two years from the date of the injury to file a claim in Texas. Because there are multiple circumstances and factors to consider in your claim, it is important to see an attorney as soon as possible after your accident. This ensures that you do not miss any applicable deadlines and ultimately lose your right to compensation from the liable party.

The Role of a Huntsville Personal Injury Attorney

Personal injury laws are complicated, and cases can be difficult to prove without an experienced Huntsville personal injury attorney. As mentioned above, insurance companies are not on your side, and they often purposely undervalue personal injury plaintiffs’ claims to save money. Simply having an attorney correspond with insurance companies on your behalf is enough to prevent them from proposing any lowball offers. Our Huntsville personal injury attorneys will help you calculate the true value of your case to help with insurance negotiations and case preparation.

Calculating the value of your claim may involves reviewing medical evaluations, expert opinions and recommendations, and discovering how your injuries will impact your future well-being and need for ongoing medical care. If your injuries will require future medical expenses and result in reduced earning capacity, those financial impacts need to be considered as part of your personal injury compensation.

We also prepare your case for trial from day one because insurance negotiations are often much more productive and effective when they know you have a well prepared, trial-ready case. We know that most plaintiffs would prefer to settle their claims to avoid a trial, and our attorneys will work towards a settlement that compensates you fairly.

Potential Damages in a Huntsville Personal Injury Claim

Every personal injury case is unique, and many factors impact the amount of compensation you will recover in your case. Potential damages for personal injury include the following:

• Medical expenses
• Future medical expenses
• Rehabilitation and therapy costs
• Property damage
• Lost wages
• Loss of earning capacity
• Pain and suffering
• Loss of enjoyment of life

If the defendant’s conduct was egregious, punitive damages may be awarded in Huntsville personal injury cases, as well. Punitive damages are meant to punish defendants for their conduct and deter similar behavior in the future.

There is no exact set amount you are entitled to in a personal injury claim. Compensation can vary widely, depending on factors such as:

• The type and severity of your injuries
• The total cost of your medical bills
• Any future medical costs incurred as a result of the injury, such as ongoing physical therapy and prescriptions
• Any pain or suffering that you have experienced
• The degree of negligence that contributed to your accident
• How your future will be impacted by those injuries.

Consulting an experienced personal injury attorney is often the best way to get an accurate estimate of the damages you may recover in your personal injury claim.

How Much Does a Huntsville Personal Injury Lawyer Cost?

The cost of a Huntsville personal injury lawyer can vary widely based on your case, your injuries, and your circumstances. At West & West, we represent personal injury clients on a contingency fee arrangement.

Under this agreement, there are no initial costs to retain an attorney – and there are no ongoing costs throughout litigations. All legal fees are advanced, and clients only pay any associated costs if we secure compensation for your case. If we don’t win, you don’t pay any money.

This arrangement allows those who have been impacted financially by a serious accident to receive the high-quality legal representation they deserve.

Additionally, this empowers us to give the very best representation possible without being restricted by payments or legal costs.

Contact Us Today for More Information

If you or a loved one has suffered a serious injury due to the negligence of another, we want to help you today. Contact us for a free consultation and see how we can help you receive the compensation you need to get your life back on track.