Negligent actions lead to accidents every day. While some may be minor, others can be severe and upend the lives of those they affect. These types of accidents can be traumatic, overwhelming, and have long-term repercussions. They can also cause excessive financial burdens that may be difficult or impossible to sustain. With the help and compassion of a Texas personal injury lawyer, you can have the chance to get justice and seek compensation for the wrongs committed against you.
The team of personal injury lawyers at The Law Firm of Aaron A. Herbert, P.C. provides you with personalized attention and fight to protect your rights from start to finish. Our personal injury law firm has decades of experience and a proven track record of results to get you the best outcome possible. With our team, you can have the peace of mind that your case is in excellent hands. Providing you with the resources you need to recover is our top priority.
Types of Personal Injury Cases
Personal injury accidents occur when another party acts negligently and brings harm to another person. Personal injuries can be the result of either a direct action or lack of action and are often preventable with proper care.
According to the National Safety Council, there were 227,039 preventable, injury-related deaths in the most recently reported year and nearly 25 million preventable injuries. The top three causes of accident injuries were poison, vehicle accidents, and falls.
With so many types of personal injury accidents, an injury attorney experienced with the nuances of each type of accident is an asset for navigating the complexities of the legal system. Some common types of personal injury cases injury attorneys can help with include:
- Amputation injuries
- Bicycle accidents
- Brain injury
- Burn injuries
- Bus accidents
- Car accidents
- Child injuries
- Construction injuries
- Dog attacks
- Motorcycle accidents
- Pedestrian accidents
- Premises Liability
- Ridesharing accidents
- Slip and Fall
- Truck accidents
- Workplace accident and injuries
- Wrongful death
Each type of personal injury accident comes with its own unique set of legal considerations. An experienced Houston personal injury lawyer can navigate and adapt to the requirements that each type of case presents and can provide skillful representation tailored to your situation. They have a thorough knowledge of all applicable laws that govern the various types of cases and can remove any confusion you have about what actions to take. Houston injury lawyers give you the confidence you need to pursue your claim.
Common Injuries in a Personal Injury Case
With a wide variety of personal injury accidents, injuries can range from minor to severe and sometimes even lead to death. Each set of injuries can vary depending on the level of impact and other circumstances surrounding an accident. Some common types of injuries include:
- Whiplash
- Lacerations
- Broken and fractured bones
- Sprains and strains
- Head injuries
- Neck injuries
- Spine injuries
- Internal injuries
- Disabilities
- Paralysis
- Tissue and nerve damage
- Psychological trauma
- PTSD
- Emotional distress
- Burns
- Wrongful death
Injuries can cause significant disruptions to your life, depending on how serious they are. They may limit or prevent you from being able to work and earn a normal income. The initial medical bills or extended treatment costs may also be exorbitant and add financial strain to you and your family. This is where a Houston law firm that practices personal injury law can be very beneficial. They can thoroughly assess your injuries and expenses to get you the compensation you need during a very difficult time.
The Importance of Personal Injury Scales
When it comes to assessing injuries, assigning an injury scale can be helpful for medical teams, insurance companies, and Houston personal injury attorneys to estimate the extent of an individual’s injuries and pain. Understanding how injury scales aid board certified personal injury lawyers and insurance adjusters in assessing accidents can shed light on the claim process.
There are three injury scales commonly applied to accident victims. The first is the Glasgow Coma Scale used to estimate the victim’s level of consciousness and neurological activity when they have head injuries. The next one is the Abbreviated Injury Scale used to determine how severe an individual’s injuries are. Finally, the Visual Analog Scale is used by victims to rate their level of pain after they have been injured.
By having set injury scales, personal injury law firms, and insurance adjusters have common and objective terms and methods by which to establish and speak about injury levels. These scales help Houston attorneys assess client injuries so they can present sound evidence and get fair compensation that is commensurate with the level of injury. They can also help insurance adjusters make an evaluation to determine how much compensation is needed given the level of injury sustained.
Steps to Take After a Personal Injury Accident in Houston, TX
Taking the right steps after a personal injury accident can make a difference in the outcome of your insurance or legal claim. Not only can it impact your claim for compensation, but knowing which steps to take can reduce the overwhelmed you may feel after an accident.
First and foremost, seek medical attention for any injuries you might have sustained. You should also initially assess and then get medical attention for any other parties that are involved in the accident. Even if injuries are not visible, you should still have a medical professional examine you to make sure you do not have any serious injuries lurking beneath the surface.
Filing a police report should be the next step you take after ensuring your safety. A police report is an official record of all the details of the event, any relevant evidence, and statements from witnesses. While law enforcement will gather all information and evidence, it is also a good idea to take your own photos and videos of the scene and even get witness statements if you can. You will need all of the evidence and documentation later when you file claims.
Following the accident, you will need to report the event to your insurance company. If you are seeking compensation, you will also want to file a claim with the offending party’s insurance company. They are liable to pay for any amount of damages that they are found responsible for causing.
The final step to take after an accident is to hire a Houston personal injury law firm to represent you. Whether an insurance company is trying to offer you little to no money, the other party is trying to avoid payment, or you just want to reduce your stress level, a personal injury lawyer can handle all of it. They can take care of all of the negotiating and paperwork for you, so you do not have to give it a second thought. A lawyer is often your best chance at fair compensation to cover your losses.
Establishing Negligence in a Personal Injury Case in Texas
Establishing negligence is the primary component in a personal injury case. Because negligent actions were likely the cause of the accident and led to your injuries, a direct correlation between those actions and the results must be established and verified in order to receive compensation. Your lawyer will work diligently to gather evidence to demonstrate negligence and support your claim.
In Texas, personal injury cases are governed by modified comparative fault laws as outlined in Civil Practice and Remedies Code Chapter 33. According to the statute, the level of involvement each party has in contributing to the accident is reviewed, and a percentage is assigned to represent their contribution to the accident’s cause. Once assigned, the percentage of fault dictates what options are available to each person. An individual may recover damages for their injuries if they caused less than 50% of the accident. However, their compensation is reduced by the percentage of fault they are responsible for. For individuals who are 50% or more responsible for the accident, they are not allowed to collect any damages, even if they are injured.
Statute of Limitations
When considering making a personal injury claim for your injuries, it is important to be mindful of how long it has been since the accident occurred. In Texas, a person typically has two years in which they can make a claim for compensation, according to Civil Practice and Remedies Code Chapter 16. Once this time frame expires, an individual no longer has any rights to bring forth a case.
When an injury lawyer reviews your case, they will be able to assess if you are within the statute of limitation for filing a claim and determine how to move forward with your case. While you have two years to file a claim, it is advised to file personal injury claims sooner rather than later. Filing soon after the accident not only ensures you are within the statute of limitations but it also makes a stronger case with fresh evidence. Additionally, insurance companies often want to settle quickly, and if you accept an offer early on, you may not be able to file a claim at a later date.
What Damages Can Be Recovered in a Personal Injury Case
After an accident, compensation is a priority to ensure proper medical treatment, recovery resources, and property damage repairs. These steep costs can quickly add up and be prohibitive without enough financial assistance. Personal injury damages are designed to compensate you for your losses so you can get back to a state of wholeness as much as possible. An individual can often receive one or more of the following types of damages: economic damages, non-economic damages, and punitive damages.
An individual can recover their monetary expenses through economic damages. Economic damages calculate the value of expenses such as medical bills, damaged property, and the cost of treatment for injuries. This type of compensation seeks to repair the financial damage that was done and help individuals get back to the state they were in prior to the accident as much as possible.
Non-economic damages are another type of compensation an individual may recover. Non-economic damages compensate a person for any emotional distress, pain and suffering, loss of enjoyment, or loss of consortium they may have experienced and now face in their lives.
Punitive damages may be awarded in some cases. This type of damage is used in situations where the negligent party’s actions were detrimental, and the punitive damages they are required to pay are designed as a punishment and deterrent.
The Advantages of Legal Representation in Houston, TX
When you hire Houston personal injury lawyers, you can rest assured that you are receiving experienced legal counsel from injury lawyers who are adept at fighting for justice. They will review and investigate your case thoroughly to validate and support your claim. They will also be able to assess your options based on your situation and craft a strategy that is customized to the specifics of your case.
Allowing a lawyer to speak on your behalf is one of the biggest advantages you receive when working with a lawyer. With their extensive knowledge, they can negotiate with insurance companies, experts, and other relevant parties to reduce your stress and get you the best results possible. With representation from an injury law firm in Houston, TX, you also have an advocate who will protect your rights. They know how to speak up for you in a manner that will not hurt your claim or prevent you from losing compensation.
Additionally, a personal injury attorney will also gather evidence for your case, complete and file all appropriate paperwork, and handle all settlement negotiations in or out of court. Their vast skills can provide you with the representation that you need to win your case. With the help of a lawyer, you do not have to handle this difficult situation alone and can have the peace of mind that your accident and injuries are receiving the best service so you can focus on your recovery.
How Much Does a Personal Injury Lawyer Charge
Lawyers can use a variety of billing methods to receive payment from clients. Billing hourly is a common approach where lawyers charge by the service hour and clients pay for the amount of time a lawyer spends on their case. A flat fee can be charged for a specific set of services from the outset. Contingency fees are yet another model, and allow clients to not pay for legal services unless a lawyer wins their case.
At The Law Firm of Aaron A. Herbert, our personal injury attorneys operate on a contingency fee basis. With a contingency fee model, our clients can get the representation and justice they need without having to worry about costs upfront. Payment is only taken if we win your case and you receive compensation.
The Benefits of Board Certification
Houston injury lawyer Aaron A. Herbert is one of less than 2% of board-certified attorneys in the state. With the power of board certification, he and his firm can provide a higher level of service, specialization, and representation to clients. With board certification, a Houston attorney can win clients higher settlements and has an enhanced proven track record of success.
When injury law firms possess a board certification, it is a testament to their legal knowledge and extensive qualifications, as becoming board-certified is an optional and comprehensive process. As part of the process to receive certification, lawyers receive additional education to increase their skills and depth of knowledge. They must also meet a strict set of requirements, including a number of years practicing law.
Houston personal injury law firms that have attained board certification from a national accrediting body can offer a number of benefits to their clients. Clients can trust that their case is being handled by skilled lawyers who have established that they can win personal injury cases and get fair compensation for clients. They are also adept at navigating the legal system and complexities that come with each type of personal injury case.
Board certification also lends an added level of credibility to Houston law firms who have earned this distinguished designation. Insurance companies and anyone on the opposing side of a case knows that the board certified attorney is highly-skilled and is more likely to comply with requests. Insurance companies, for example, may provide a higher settlement offer, and other lawyers may offer better settlement offers and terms over the course of a case.
Hire a Board Certified Personal Injury Lawyer
Personal injury accidents can be an overwhelming time for you and your family as you navigate injuries, financial pressures, and insurance companies. The Law Firm of Aaron A Herbert, P.C. is dedicated to taking this stress off your shoulders by representing you and negotiating with insurance companies on your behalf. Our team of experienced personal injury lawyers is compassionate and experienced in getting you maximum results. Call a Houston personal injury attorney today at (214) 200-4878 or visit us online for a free consultation and let our team represent your best interests.