injury lawyers houston

What is a Personal Injury?

Personal injury law is an area of civil law. In criminal law, the government seeks to punish a lawbreaker for a crime with jail time or fines. Personal injury law helps victims of preventable accidents recover money damages for their injuries from the responsible party.

The definition of a personal injury is any injury suffered by a person to his or her body, mind, and emotions. A serious injury includes a wrongful death or injuries that later prove fatal. Generally, a personal injury results from another person’s or company’s negligence.

Victims of personal injuries pursue payment for their damages from the at-fault party’s insurance company. Insurance companies have teams of adjusters and attorneys working on their behalf to deny or defend any claims and lawsuits filed against them. Therefore, it is wise to speak with an attorney before making any recorded statements or signing any settlement documents with an insurer.

Defenses To Negligence in a Personal Injury Case in Houston Texas

In Houston, the rule of contributory negligence applies to personal injury cases, including car accidents. This rule states that if you contribute to your own injury, you cannot hold someone else responsible for it. In a pure contributory negligence system, if you are found to be even 1% at fault, you are not entitled to any compensation from the person who is 99% at fault, even if you suffer significant damages. This means that if you are found to have been negligent in any way, you may not be able to collect any compensation, regardless of the extent of your injuries. It is important to speak with an experienced attorney if you have been injured in a car accident or other personal injury incident to understand your rights and the legal options available to you.

How Attorney Personal Injury Lawyers Can Help After a Workplace Injury in Houston

If you have been injured at work in Houston, you may be entitled to workers' compensation benefits to cover your medical expenses and lost wages. An attorney who specializes in personal injury law can help you navigate the claims process and ensure that you receive the full amount of benefits to which you are entitled.

Here are a few ways that an attorney can help after a workplace injury in Houston:

1. Reviewing your case: An attorney can review the facts of your case to determine whether you have a valid claim for workers' compensation benefits. They can also help you understand your rights and the legal options available to you.
2. Filing a claim: An attorney can help you prepare and file a claim for workers' compensation benefits. They can also represent you in negotiations with your employer or their insurance company to ensure that you receive a fair settlement.
3. Appealing a denied claim: If your claim for workers' compensation benefits is denied, an attorney can help you appeal the decision. They can also represent you in any legal proceedings that may be necessary to obtain the benefits you are entitled to.
4. Negotiating a settlement: If you are unable to return to work due to your injuries, an attorney can help you negotiate a settlement with your employer or their insurance company. They can also help you understand the terms of any settlement offer and advise you on whether it is fair.

If you have been injured at work in Houston, an attorney who specializes in personal injury law can provide valuable assistance in navigating the claims process and obtaining the benefits you are entitled to.

How Common Are Workplace Injuries in Houston, TX?

Workplace injuries are unfortunately common in Texas, with the state having the highest rate of workplace fatalities in the United States. In 2018, there were 488 fatal workplace accidents in Texas, with the most common industries for these accidents being service industries, construction and natural resources, and transportation and production. Manufacturing is also a major industry in Houston, and nationwide it accounts for 15% of non-fatal injuries and illnesses. In 2019, the leading causes of manufacturing injuries that resulted in days off work were sprains, tears, and strains, pain or soreness, and cuts, punctures, and lacerations. In 2015, there were over 185,000 non-fatal workplace injuries and illnesses in Texas, resulting in an injury rate of 2.2 for every 100 full-time workers in the private industry. There are many different types of workplace injuries that can occur in Houston, ranging from minor cuts and bruises to serious accidents that can result in long-term disability or even death. Some common causes of workplace injuries in Houston include:

1. Slip and fall accidents
2. Repetitive motion injuries
3. Accidents involving heavy machinery
4. Vehicular accidents
5. Exposure to hazardous substances

What Is My Texas Workplace Accident Case Worth?

The value of your workplace injury case depends on a variety of factors, including your eligibility for workers' compensation benefits. If you are eligible to file a workers' compensation claim, you may be entitled to economic damages such as lost wages and medical expenses, with a cap on wage replacement. However, if you are able to file a lawsuit, you may also be able to seek additional damages for non-economic losses such as pain and suffering. The value of these non-economic damages will be determined based on the extent and severity of your injuries, the treatment you received, and any impairments or disfigurements that resulted from the injury.

What Kind of Compensation Is Available to Workplace Injury Victims?

Workplace injury victims may be entitled to a variety of compensation, depending on the specifics of their case. If you have been injured at work, you may be entitled to receive the following types of compensation:

1. Medical expenses: You may be able to recover the cost of medical treatment, including hospital stays, surgeries, physical therapy, and other medical procedures related to your injury.
2. Lost wages: If you are unable to work as a result of your injury, you may be entitled to compensation for the wages you would have earned during your recovery period.
3. Permanent disability benefits: If your injury results in a permanent disability, you may be entitled to ongoing benefits to cover the cost of your care and any lost earning capacity.
4. Vocational rehabilitation: If your injury makes it difficult for you to return to your previous job, you may be entitled to assistance with finding a new job or training for a different career.
5. Pain and suffering: In some cases, you may be able to recover damages for the physical and emotional pain and suffering caused by your injury.

The specific types of compensation you may be entitled to will depend on the laws in your state and the circumstances of your injury. An attorney who specializes in personal injury law can help you understand your rights and the legal options available to you.

Can I Recover Compensation Outside Workers’ Compensation Insurance in Houston?

In Texas, private employers are not required to carry workers' compensation insurance. However, if an employer chooses to be a "non-subscriber" and does not have adequate coverage, they may be sued by an injured worker and may not have legal defenses available to them, such as the defense of contributory negligence. This means that the employer can be held fully liable for a workplace injury even if the employee was partially at fault. If your employer is a non-subscriber and was partially at fault for your injury, such as by violating Occupational Safety and Health Administration (OSHA) requirements, you may have a claim against them. Additionally, if your injury was caused by a negligent third party, you may be entitled to compensation in addition to workers' compensation. A third party claim might include injuries caused by a defective product or a work-related car accident caused by a negligent driver.

What Causes Most Workplace Accidents in Houston, Texas?

Workplace injuries can occur in any industry, but they are more common in certain sectors, such as construction, manufacturing, oil and gas, logging, and service industries. Some of the most common causes of workplace injuries include:

1. Slip and fall accidents: These can occur due to wet or slippery floors, cluttered work areas, or uneven surfaces.
2. Repetitive motion injuries: These injuries can result from performing the same task over and over again, such as typing or lifting heavy objects.
3. Accidents involving heavy machinery: These accidents can occur due to improper training, lack of safety measures, or faulty equipment.
4. Vehicular accidents: These accidents can occur when employees operate vehicles as part of their job, such as delivery drivers or truck drivers.
5. Exposure to hazardous substances: Workers may be exposed to hazardous substances such as chemicals or radiation if proper safety measures are not in place.

Do I Need to Prove Negligence After a Workplace Injury in Texas?

Whether you need to prove negligence after a workplace injury in Texas will depend on the type of benefits you are seeking. If you are seeking workers' compensation benefits, you typically do not need to prove that your employer was negligent. Workers' compensation is a no-fault system that provides benefits to employees who are injured on the job, regardless of who was at fault for the injury.

However, if you are seeking damages beyond what is covered by workers' compensation, you may need to prove that your employer was negligent in order to recover damages. This could include showing that your employer failed to provide a safe working environment, failed to follow relevant safety regulations, or otherwise acted carelessly, resulting in your injury.

If you have been injured at work in Texas and are seeking damages beyond what is covered by workers' compensation, it is important to speak with an attorney who specialized in personal injury law. They can help you understand your rights and the legal options available to you.

How Long Do I Have to File a Claim After a Workplace Accident in Texas?

If you are entitled to workers' compensation benefits in Texas, it is important to report your illness or injury to your employer within 30 days and file a formal claim for benefits within one year. If you have grounds to file a lawsuit against a third party or your employer, the Texas statute of limitations for personal injury cases is two years. However, it is important not to delay in pursuing your claim, as this can allow vital evidence to be lost and may weaken the value and strength of your case. It is recommended to speak with an attorney as soon as possible after an injury to understand your legal options and begin building a strong case.

An Attorney Can Seek Financial Recovery for Your Injuries

If you or a person you love suffered one or more of these injuries in an accident that occurred because someone else was careless or negligent, you need a knowledgeable attorney on your side advocating for you. Once you finish treating for the injuries you suffered in your accident, the experienced Houston personal injury lawyers could file a claim and attempt to negotiate a favorable personal injury settlement on your behalf. If the insurance company fails to offer you fair and full compensation for your injuries, your lawyer may file a lawsuit against the person or entity that caused your accident, seeking the monetary damages that you deserve.

What to Look for when Hiring a Personal Injury Lawyer

There are lots of personal injury lawyers who market themselves as the best. But like with anything else, it’s important to do your research to make sure they’re able to back it up. Serious personal injury and wrongful death cases can take 9 to 18 months to resolve, so it’s important that you not only hire a law firm that you can trust and that will always be available for you, but that also has a proven history of recovering record-setting verdicts and settlements in cases similar to yours.

Here are some of the most important things to look for when hiring a personal injury lawyer:

1. video testimonials from former clients who were involved in similar accidents
2. a proven history of success in similar cases, which is often demonstrated by substantial verdicts and settlements in cases similar to yours
3. the willingness and ability to take your case to trial and recover a record-setting verdict in the event that the insurance company refuses to offer a settlement that fully compensates you for your injuries and damages
4. recognition by and membership in prestigious legal organizations, such as Super Lawyers, the Multi-Million Dollar Advocates Forum, and the National Trial Lawyers Association