Personal Injury Attorneys in Houston, Texas
30 Years of Experience Helping People in Texas Recover and Reclaim Their Lives After Injury Accidents.
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No one ever expects to be injured in an accident, but every day people are hurt in accidents that could have been prevented. Even the most careful of people have been involved in life-altering accidents. When you’re hurt through no fault of your own, your life is suddenly thrown into disarray.
You may be facing expensive medical bills, lost wages, and a long road to recovery. The physical and emotional pain you suffer can quickly become overwhelming, and the financial burden of medical bills and lost wages only add fuel to a confusing and painful time of your life.
Even minor injuries can disrupt your daily routine and cost you months of medical bills and lost wages. Catastrophic injures can result in long-term medical treatment, permanent disabilities, and a permanently altered way of life for you and your loved ones.
While you try to get treatment for your injuries, the financial burden never eases, making it increasingly difficult to support yourself and your family.
From a simple slip and fall to a traumatic car accident, if your injury was caused by someone else’s negligence or recklessness, you should be compensated so that your life can return to normal as quickly as possible.
While you sort through your affairs in the aftermath of an accident, compassionate and qualified legal guidance can be the difference between a swift recovery and getting bogged down in paperwork and bills.
Personal Injury Laws in Texas
Each state has specific laws surrounding personal injury cases. Your attorney will know what laws apply to your case. However, there are a few important laws to understand.
• Statute of Limitations
Texas has a two-year statute of limitations for personal injury claims. In most cases, a lawsuit must be filed within two years of the accident. This can complicate a case for those who don’t seek medical attention immediately following a car wreck and find that their injuries resurface over time. Always get medical attention after a car accident, as you might not immediately notice some injuries.
• Fault-Based Insurance
Texas has a fault-based system of personal injury recovery. The party found to be at-fault for an accident will be responsible for compensating the injured party. As such, the state requires minimum coverage for different businesses and individuals. People and companies can choose to increase their insurance beyond the required minimums. If the total damages from an accident exceed the at-fault party’s coverage, they may have to pay the rest out of pocket. In cases like these, a personal injury attorney would negotiate with both the insurance company and opposing counsel.
• Liability Laws
Liability for accidents in Texas is determined by who is at fault. It is possible for all parties involved, including the injured party, to be partially liable for an accident. The facts surrounding the case will establish who is at fault, and to what extent. If the injured party is found to be somewhat at fault, their compensation may be reduced.
The insurance company and the personal injury attorney will complete separate investigations to understand, among other things:
- Negligence of all parties, including how the accident could have been avoided.
- Recklessness of all parties.
- If intentional misconduct was involved.
- If a defective part or product is to blame.
What Does a Personal Injury Attorney Do?
If you or a loved one were injured in an accident caused by someone else, the last thing you need to worry about is fighting an insurance company for fair compensation. Insurance companies are backed by large legal teams with a wealth of resources. The party who caused your accident has an entire team to support them, while you may feel that you are on your own. You don’t have to battle for what you deserve on your own. In fact, we don’t recommend it.
A personal injury attorney advocates for you in several ways so that you can focus on recovering.
1. We act as a buffer between you and insurance companies.
Insurance companies may try to contact you under the guise of paying out your claim. Instead of helping you, they will attempt to pressure you into accepting their first – and lowest – offer. This tactic works because people recovering from an accident often feel overwhelmed by the prospect of going back and forth with the insurance company while their medical and personal bills pile up.
An experienced personal injury lawyer will field all calls from insurance companies and/or opposing counsel to advocate for your best interests, eliminating the pressure of accepting an offer quickly. While they shield you from the insurance companies, they will also submit the necessary claims paperwork to ensure that you don’t miss any important documents.
Our attorneys have been working in Houston for more than 30 years. With this experience comes an intimate knowledge of insurance companies’ strategies, what your case needs to be as successful as possible, and the local legal system.
2. We keep you updated on the progress of your case.
You shouldn’t be left wondering what’s happening next. Personal injury attorneys should keep you informed throughout the entire process, from filing your claim to negotiations. They should listen to your concerns and answer any questions you may have. We aren’t just here to go to court, we’re here to provide support throughout a difficult time in your life.
3. We collect evidence regarding the facts of your case.
Personal injury cases can be incredibly complex. They require research to determine what happened, and to find a resolution. This involves:
- Gathering and examining relevant evidence such as police reports, photographs, medical records, and witness statements.
- Establishing causation, liability, and fault according to the circumstances of the accident and laws surrounding liability.
- Assessing the full extent of your damages.
- Building a strong case based on all of the details, including contacting relevant medical professionals.
- Negotiating with insurance companies and/or opposing counsel for fair compensation.
- Representing you in court, if necessary.
Do I Have a Case?
Every personal injury case is unique. An experienced personal injury attorney will need to review the details of your case before you can truly know what you might be owed.
However, you may have a case if you were injured by someone’s careless or negligent actions, and your injuries resulted in harm such as medical expenses and lost wages.
The following is considered when determining the value of your case:
- The extent of your injuries, such as if they are permanent and disabling
- Liability of all parties, and if you were partly to blame
- The extent of property damages
- Medical bills, current and long-term
- Lost wages
- Impact to your quality of life.
Generally, the more severe the injury, the higher a person’s damages may be. There are three types of damages awarded in personal injury cases.
- Special damages are measurable expenses such as medical costs and lost wages.
- General damages include physical and emotional pain and suffering, as well as the long-term costs of life-altering injuries. For example, general damages may be awarded for a person who is permanently disabled in an accident.
- Punitive damages are very rarely awarded in personal injury cases. They are reserved to punish a defendant in cases where they broke the law or deliberately caused injuries. In the state of Texas, punitive damages are usually capped at two times the amount of actual economic damages or $200,000, whichever is greater, in addition to the amount of non-economic damages. The total cap for these damages is $750,000.
Because You Deserve Maximum Recovery
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Why Choose DeSimone Law Office?
Our injury attorneys are well versed and specialize in vehicle accident laws as well as personal injury and wrongful death claims.
If we cannot recover damages for your accident injury or wrongful death claim, you pay us nothing.
When you call DeSimone Law Office you will speak to an attorney directly – not through a paralegal or secretary.
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