Get Answers from Houston's Personal Injury Experts
When you’ve been injured due to someone else’s negligence in Houston, you likely have many questions about your rights, the legal process, and what to expect. At 713justice.com, we’ve compiled answers to the most frequently asked questions from our Houston clients over the years. If you don’t find your specific question answered here, call 713-JUSTICE (713-587-8423) for a free consultation with our experienced Houston personal injury attorneys.
General Personal Injury Questions
Personal injury law, also known as tort law, provides legal remedies for individuals who have been harmed due to the wrongful conduct of others. In Texas, personal injury law covers situations where someone's negligent, reckless, or intentional actions cause physical, emotional, or financial harm to another person. This includes car accidents, slip and fall incidents, medical malpractice, workplace injuries, and many other situations where someone else's carelessness results in your injury.
Negligence occurs when someone fails to exercise the level of care that a reasonable person would use in similar circumstances. To prove negligence in Texas, we must establish four key elements. First, the defendant owed you a duty of care. Second, they breached that duty through their actions or failure to act. Third, their breach directly caused your injuries. Finally, you suffered actual damages as a result. For example, if a driver runs a red light and hits your car in Houston, they breached their duty to follow traffic laws, directly causing your injuries and damages.
Whether you have a valid personal injury case depends on several factors specific to your situation. Generally, you may have a case if you were injured due to someone else's negligence, the other party had a duty to exercise reasonable care, they breached that duty, and you suffered damages as a result. Common examples include car accidents caused by distracted driving, slip and falls on poorly maintained property, dog bites from unleashed pets, or injuries from defective products. The best way to determine if you have a case is to consult with an experienced Houston personal injury lawyer who can evaluate the specific facts of your situation.
Personal injury attorneys handle a wide range of accident types and injuries. Motor vehicle accidents include car crashes, truck accidents, motorcycle collisions, pedestrian accidents, and rideshare incidents. Premises liability cases cover slip and falls, inadequate security, swimming pool accidents, and dangerous property conditions. We also handle workplace injuries, medical malpractice, product liability cases involving defective goods, dog bite incidents, and wrongful death claims. In Houston specifically, we frequently handle accidents related to the energy industry, port activities, construction projects, and flooding incidents.
Texas has a statute of limitations for personal injury cases, which is generally two years from the date of the injury or accident. This means you have two years to file a lawsuit against the responsible party. However, there are important exceptions to this rule. For medical malpractice cases, you typically have two years from when you discovered or should have discovered the injury. For cases against government entities, you may have as little as six months to file a notice of claim. Some cases involving minors or mental incapacitation have different timelines. Because these deadlines are strict and missing them can completely bar your right to compensation, it's crucial to contact a Houston personal injury lawyer as soon as possible after your accident.
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The Legal Process
What should I do immediately after an accident in Houston?
The steps you take immediately after an accident can significantly impact your potential personal injury case. First and foremost, seek medical attention even if you don’t think you’re seriously injured, as some injuries don’t manifest symptoms immediately. Call 911 to report the accident to Houston Police Department or the appropriate law enforcement agency. Document everything you can by taking photos of the accident scene, vehicles involved, your injuries, and any property damage. Exchange contact and insurance information with all parties involved, and collect contact information from any witnesses.
Avoid admitting fault or making statements about who caused the accident, as these can be used against you later. Report the accident to your insurance company, but be careful about giving recorded statements without consulting an attorney first. Keep detailed records of all medical treatment, expenses, and how the accident has affected your daily life. Finally, contact a Houston personal injury lawyer as soon as possible to protect your rights and preserve important evidence.
How do personal injury lawsuits work in Texas?
The personal injury lawsuit process in Texas typically begins with an investigation by your attorney to gather evidence, review medical records, and determine all potentially liable parties. Before filing a lawsuit, your lawyer will usually attempt to negotiate a settlement with the insurance companies involved. Many cases resolve during this phase without the need for litigation.
If a fair settlement cannot be reached, your attorney will file a lawsuit in the appropriate Texas court, often in Harris County for Houston area accidents. The defendant will then file an answer, and both sides enter the discovery phase where they exchange information, documents, and take depositions. Throughout this process, settlement negotiations typically continue.
If the case doesn’t settle, it will proceed to trial where both sides present their evidence to a judge or jury. The trial concludes with a verdict determining liability and damages. Even after trial, there may be opportunities for appeal. Most personal injury cases in Texas settle before reaching trial, but having an attorney prepared to go to court often leads to better settlement offers.
What is the difference between a settlement and going to trial?
A settlement is an agreement between you and the responsible party (usually through their insurance company) to resolve your case without going to court. Settlements can occur at any point during the legal process and offer several advantages including faster resolution, lower costs, privacy, and certainty of outcome. You maintain control over the decision to accept or reject settlement offers.
Going to trial means presenting your case before a judge or jury who will decide both liability and damages. Trials can result in higher awards than settlement offers, provide a sense of vindication, and create legal precedent. However, trials also involve greater risk since you might receive nothing, take significantly longer to resolve, cost more in legal fees, and become part of the public record.
Most experienced Houston personal injury attorneys will advise you on whether a settlement offer is fair based on the strength of your case and the extent of your damages. The decision to settle or go to trial should be based on your specific circumstances and comfort level with risk.
Contact a Houston Car Accident Lawyer Immediately
Texas has specific deadlines for filing personal injury claims. Don’t wait to protect your rights – contact our Houston car accident attorneys as soon as possible after your accident.
Do I need to go to court?
Most personal injury cases settle without ever going to court. Statistics show that roughly 90-95% of personal injury cases resolve through settlement negotiations rather than trial. However, being prepared to go to court is often essential to obtaining a fair settlement, as insurance companies are more likely to offer reasonable compensation when they know you have an attorney willing to take the case to trial.
If your case does go to court, your attorney will handle most of the legal proceedings. You may need to attend depositions, mediation sessions, and ultimately the trial itself where you would testify about your injuries and how the accident has affected your life. Your Houston personal injury lawyer will prepare you thoroughly for any court appearances and guide you through the entire process.
What types of compensation can I recover in a personal injury case?
Texas law allows injury victims to recover several types of compensation, broadly categorized as economic and non-economic damages. Economic damages include all your financial losses such as medical expenses (both past and future), lost wages from time off work, reduced earning capacity if your injuries affect your ability to work long-term, property damage like vehicle repair or replacement, and out-of-pocket expenses related to your injury.
Non-economic damages compensate for intangible losses including pain and suffering, emotional distress, loss of enjoyment of life, disfigurement or permanent disability, and loss of consortium (the impact on your relationship with your spouse). In cases involving particularly egregious conduct, Texas also allows punitive damages designed to punish the wrongdoer and deter similar behavior.
The total value of your case depends on factors such as the severity of your injuries, the amount of your medical bills, the impact on your ability to work, the degree of pain and suffering you’ve endured, and the strength of the evidence proving the other party’s fault.
What happens during a deposition?
A deposition is a formal question-and-answer session conducted under oath before trial. During your deposition, the opposing party’s attorney will ask you questions about the accident, your injuries, your background, and your damages. A court reporter records everything you say, creating a written transcript that can be used at trial.
Depositions serve several purposes including allowing the other side to learn about your case, preserving testimony in case you’re unavailable for trial, and assessing how you’ll appear to a jury. Your attorney will prepare you thoroughly before your deposition, explaining what types of questions to expect and how to answer them effectively. The key is to be honest, listen carefully to each question, and answer only what’s asked without volunteering additional information.
How is pain and suffering calculated?
Pain and suffering damages compensate you for the physical pain, emotional distress, and reduced quality of life resulting from your injuries. Unlike medical bills or lost wages, pain and suffering doesn’t have a fixed monetary value, making it more challenging to calculate.
Insurance companies and courts consider various factors when determining pain and suffering damages. These include the severity and permanency of your injuries, the type and duration of medical treatment required, how the injuries have affected your daily activities and relationships, your age and life expectancy, and the impact on your mental health and emotional well-being.
There’s no standard formula for calculating pain and suffering in Texas. Some insurance adjusters use multipliers (typically 1.5 to 5 times your economic damages), while others use per diem methods (assigning a daily value to your pain). However, experienced personal injury attorneys evaluate each case individually based on similar cases, jury verdicts in comparable situations, and the specific impact the injuries have had on your life.
Will I receive compensation for future medical expenses?
Yes, Texas law allows you to recover compensation for future medical expenses that are reasonably certain to be necessary as a result of your injuries. This is particularly important for serious injuries that require ongoing treatment, rehabilitation, or long-term care.
Calculating future medical expenses requires working with medical experts who can evaluate your condition and provide opinions about your future medical needs. This might include ongoing doctor visits, physical therapy, prescription medications, medical devices or equipment, home health care, and potential future surgeries. Your attorney will work with life care planners and economists to determine the present value of these future costs.
The challenge with future medical expenses is proving they’re reasonably certain to occur. This requires comprehensive medical documentation and expert testimony about your prognosis and treatment plan. Insurance companies often dispute future medical expenses, making it essential to have strong medical evidence supporting these claims.
What if I was partially at fault for my accident?
Texas follows a legal principle called "modified comparative fault" or "proportionate responsibility." Under this system, you can still recover compensation even if you were partially at fault for your accident, as long as you were 50% or less responsible. Your compensation will be reduced by your percentage of fault. For example, if you're awarded $100,000 but found to be 20% at fault, you would receive $80,000. However, if you're found to be 51% or more at fault, you cannot recover any damages under Texas law. Determining fault percentages involves analyzing all the facts surrounding your accident. Insurance companies often try to shift as much blame as possible to you to reduce their payout. An experienced Houston personal injury attorney can help gather evidence to minimize your percentage of fault and maximize your recovery.
Legal Costs and Fees
How much does it cost to hire a personal injury lawyer?
Most personal injury attorneys, including our team at 713justice.com, work on a contingency fee basis. This means you pay no attorney fees unless we successfully recover compensation for you through settlement or trial verdict. The contingency fee is typically calculated as a percentage of your total recovery, usually ranging from 25% to 40% depending on the complexity of your case and whether it settles or goes to trial.
The contingency fee arrangement makes legal representation accessible to injury victims who might not otherwise be able to afford an attorney. You don’t need money upfront to hire experienced legal counsel, and the attorney’s fee is only paid if you receive compensation. This also aligns the attorney’s interests with yours, as we only get paid if you win.
In addition to attorney fees, there are case expenses such as court filing fees, expert witness fees, deposition costs, and medical record retrieval fees. Many personal injury attorneys advance these costs and are reimbursed from any settlement or verdict, though policies vary by firm.
What is a contingency fee arrangement?
A contingency fee arrangement means your attorney’s fee is contingent upon, or dependent on, a successful outcome in your case. If there’s no recovery, you owe no attorney fees. This arrangement is standard in personal injury cases and provides several benefits to clients.
First, it makes legal representation accessible regardless of your financial situation. You don’t need to pay thousands of dollars upfront to hire an experienced attorney. Second, it motivates your attorney to work diligently on your case since they only get paid if you do. Third, it shifts the risk to the attorney, who invests their time and resources with no guarantee of payment.
When discussing contingency fees with potential attorneys, make sure you understand what percentage they charge, whether the percentage changes if the case goes to trial, how case expenses are handled, and what happens if there’s no recovery. At 713justice.com, we provide clear, written fee agreements so you understand exactly how our compensation works.
How much does it cost to hire a personal injury lawyer?
Most personal injury attorneys, including our team at 713justice.com, work on a contingency fee basis. This means you pay no attorney fees unless we successfully recover compensation for you through settlement or trial verdict. The contingency fee is typically calculated as a percentage of your total recovery, usually ranging from 25% to 40% depending on the complexity of your case and whether it settles or goes to trial.
The contingency fee arrangement makes legal representation accessible to injury victims who might not otherwise be able to afford an attorney. You don’t need money upfront to hire experienced legal counsel, and the attorney’s fee is only paid if you receive compensation. This also aligns the attorney’s interests with yours, as we only get paid if you win.
In addition to attorney fees, there are case expenses such as court filing fees, expert witness fees, deposition costs, and medical record retrieval fees. Many personal injury attorneys advance these costs and are reimbursed from any settlement or verdict, though policies vary by firm.
Are there any upfront costs I need to pay?
With most personal injury attorneys working on contingency fee arrangements, you typically don’t need to pay attorney fees upfront. However, there are case-related expenses that may arise during the legal process.
These expenses can include court filing fees, costs for obtaining medical records and police reports, expert witness fees, deposition costs, investigation expenses, and trial preparation costs. Many personal injury law firms, including ours, advance these costs on your behalf and are reimbursed from any settlement or trial award. This means you don’t pay these expenses out of pocket.
It’s important to understand your attorney’s policy regarding case expenses. Some firms require clients to pay expenses regardless of the case outcome, while others only collect expenses from successful cases. Make sure you have a clear written agreement about how expenses are handled before hiring any attorney.
Why should I choose a Houston personal injury lawyer?
Choosing a Houston personal injury lawyer provides several advantages for your case. Local attorneys understand Texas state laws and how they’re interpreted by Houston area courts. They have experience with local judges, opposing attorneys, and court procedures, which can benefit case strategy and timing.
Houston lawyers are familiar with the area’s unique accident patterns, from the dangerous intersections along I-45 and I-10 to the industrial hazards around the Port of Houston and petrochemical facilities. They understand local traffic patterns, construction zones, and weather-related hazards that contribute to accidents in the Greater Houston area.
Local attorneys also have established relationships with Houston area medical providers, expert witnesses, and other professionals who may be needed for your case. They can recommend trusted healthcare providers if you need ongoing treatment and understand which medical experts are most credible with local juries.
At 713justice.com, our Houston heritage is reflected in our name and phone number. Calling 713-JUSTICE connects you with attorneys who live, work, and raise their families in the Houston community.
How do Houston courts handle personal injury cases?
Houston area personal injury cases are typically filed in Harris County District Courts, though the specific court depends on the amount of damages sought and the nature of the case. Harris County has multiple district courts that handle civil matters, and each judge may have slightly different procedures and scheduling preferences.
Texas state courts, including those in Houston, generally follow the Texas Rules of Civil Procedure for personal injury cases. However, local rules and practices can vary between courts and judges. Experienced Houston attorneys understand these nuances and can navigate the local court system effectively.
Houston juries tend to be diverse, reflecting the city’s status as one of America’s most diverse metropolitan areas. This diversity can be beneficial in personal injury cases, as jurors from different backgrounds may relate to various aspects of your situation. Houston juries also understand the city’s traffic challenges, industrial hazards, and other local factors that may contribute to accidents.
What if the other driver doesn't have insurance?
Texas requires all drivers to carry minimum liability insurance, but unfortunately, many Houston drivers operate vehicles without proper coverage. If you’re hit by an uninsured driver, you may still have several options for recovery.
First, check your own auto insurance policy for uninsured motorist coverage. This coverage pays for your damages when the at-fault driver has no insurance. Texas requires insurance companies to offer uninsured motorist coverage, though you can decline it in writing. If you have this coverage, it can compensate you for medical expenses, lost wages, and pain and suffering.
You might also sue the uninsured driver personally, though collecting on a judgment can be challenging if they lack assets. In some cases, other parties might bear responsibility, such as the vehicle owner if different from the driver, an employer if the driver was working, or a bar or restaurant that over-served an intoxicated driver.
An experienced Houston personal injury attorney can help identify all potential sources of recovery and navigate the complex issues involved in uninsured motorist claims.
Do I need a lawyer for a Houston car accident?
While Texas law doesn’t require you to hire a lawyer for a car accident, having experienced legal representation significantly improves your chances of receiving fair compensation. Houston’s busy roads, complex insurance issues, and potential for serious injuries make legal representation particularly valuable.
Insurance companies have teams of adjusters and attorneys working to minimize payouts. Without legal representation, you’re at a significant disadvantage when negotiating with these professionals. Studies show that accident victims with attorneys typically receive settlements that are multiple times higher than those who handle claims themselves, even after paying attorney fees.
Houston car accidents can involve complex liability issues, especially in multi-vehicle crashes or accidents involving commercial vehicles. Determining fault, identifying all potentially liable parties, and understanding applicable insurance coverage requires legal expertise.
If you’ve suffered significant injuries, face mounting medical bills, or are dealing with disputed fault, hiring a Houston car accident attorney is usually the best way to protect your interests and maximize your recovery.
How long will my Houston personal injury case take?
The timeline for Houston personal injury cases varies significantly based on several factors. Simple cases with clear liability and minor injuries might resolve in a few months, while complex cases involving serious injuries or disputed fault can take two years or more.
Several factors affect case duration including the time needed to reach maximum medical improvement, the complexity of liability issues, the willingness of insurance companies to negotiate fairly, the court’s schedule if litigation is necessary, and the time required to gather evidence and expert opinions.
Cases involving serious injuries typically take longer because it’s important to understand the full extent of your damages before settling. You generally can’t reopen a case for additional compensation after settling, so patience is often necessary to achieve the best outcome.
Your attorney should provide regular updates on your case’s progress and explain any delays. While everyone wants their case resolved quickly, rushing to settle often results in inadequate compensation that doesn’t fully cover your losses.
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What should I do if I'm contacted by the other party's insurance company?
Being contacted by the other party’s insurance company is common after an accident, but you should be very careful in your dealings with them. Remember that the other party’s insurer represents their interests, not yours, and their goal is to minimize any payout on your claim.
You should report the accident to the insurance company and provide basic factual information about when and where it occurred, but avoid giving detailed statements about how the accident happened or the extent of your injuries. Politely decline to give recorded statements until you’ve consulted with an attorney.
Never accept the first settlement offer from an insurance company without getting legal advice. Initial offers are typically much lower than what your case is actually worth, and once you accept a settlement, you usually cannot seek additional compensation even if your injuries turn out to be more serious than initially thought.
Instead, refer the insurance company to your Houston personal injury attorney who can handle all communications and negotiations on your behalf. This protects you from saying something that could harm your case and ensures that someone with legal expertise is advocating for your interests.
What should I bring to my first consultation?
To make the most of your initial consultation with a Houston personal injury attorney, bring any documents related to your accident and injuries. This includes the police report if available, your insurance information and any correspondence with insurance companies, medical records and bills from treatment related to your accident, photographs of the accident scene, your injuries, and any property damage, and contact information for any witnesses to the accident.
Also bring information about any time you’ve missed from work and your employment history, including pay stubs or tax returns if you’re self-employed. If the accident involved a vehicle, bring your vehicle registration, maintenance records, and information about any repairs or total loss settlement.
Write down a chronological account of what happened before, during, and after the accident while the details are still fresh in your memory. Include information about how your injuries have affected your daily life, work, and relationships.
Don’t worry if you don’t have all of this information immediately available. An experienced attorney can help you gather missing documents and evidence. The most important thing is to contact a lawyer as soon as possible to protect your rights and begin the legal process.