If you or a loved one has been injured in an accident in or around Houston, Texas, including Sugar Land, Baytown, Katy, or Pearland, contact our team of personal injury attorneys at McLaurin Law. We’ll stand by your side with compassion and aggressively pursue the just compensation you deserve.
Houston, Texas
Personal Injury Attorneys
”“Would recommend every person from the firm that has helped me in this process has been incredibly helpful and professional. The process felt less overwhelming knowing that people who cared about me had my back through it all.”
- Will G.
Personal Injury Claims in Texas
While the vast majority of personal injury claims arise from vehicular accidents, you are also susceptible to injuries from slips and falls or from products that malfunction. You can also develop an illness after being exposed to dangerous substances.
The legal concept of premises liability requires owners and operators of buildings (including personal residences) to exercise a “duty of care” to maintain their property free from hazards and unsafe conditions.
If, as in the example above, you slip and fall in a restaurant or other public building as a customer, or even as someone just walking the aisles and comparing products, then you may have grounds for a personal injury claim. Building owners and operators will usually carry liability insurance, so you can file a claim against their policy, or seek compensation through a personal injury lawsuit. The main consideration is to consult with an experienced personal injury attorney to help you decide on the best course of action and then carry it out.
Determining Fault in Texas
Texas is a modified comparative fault state. This means that each party in a personal injury incident—the injured person and the party allegedly responsible for the injury — can be assigned a share of the fault. If you are rear-ended and suffer a back injury, and the jury determines that you were 20% at fault because of a broken taillight, your award will then be reduced by 20% ($10,000 in compensatory damages will become $8,000, for example). If you are found more than 50% at fault, you cannot collect anything.
Insurance adjusters will seek to establish a level of fault on the claimant’s part to reduce their companies’ liability.
Will You Need to File a Lawsuit?
If you are injured in a car accident, you will most likely start by reporting it to the at-fault party’s insurance company to seek compensation for your injury from that insurance company. However, you may end up filing a lawsuit if the insurer tries to lowball or deny your claim. Likewise, if you slip and fall on someone’s property (and you are there legally), you may well start by filing an insurance claim with their insurer before proceeding to the courtroom.
Successful auto and property liability insurance claims can cover your medical expenses, loss of income, and damage to your property (for example, your car in a vehicular accident). Insurance carriers may or may not compensate you for non-economic factors like pain and suffering and loss of consortium (companionship). In some circumstances, a personal injury lawsuit will need to be filed in order to ensure full coverage of both economic and non-economic damages, generally without any monetary cap (except in medical malpractice lawsuits).
If you are an employee and suffer an injury or an illness on the job, you are most likely going to be confined to a workers’ compensation claim unless there is a death and the company is grossly negligent. In Texas, workers’ compensation coverage is optional, so if your employer doesn’t carry insurance, you can then resort to a personal injury lawsuit.
There is, however, a two-year statute of limitations on filing personal injury lawsuits in Texas, dating from the day of the accident itself. If you try to file a lawsuit more than two years after the date of your injury, your lawsuit will most likely be barred.
To win a personal injury lawsuit, you must prove negligence on the part of the defendant — the person or entity you claim is responsible for your injury. To do this, you must show:
- The defendant owed you a duty of care
- The defendant breached that duty of care
- The breach caused your injury
Filing a Wrongful Death Lawsuit
If a member of your family dies due to the negligence of another party, you have the right to file a wrongful death lawsuit. The surviving spouse, children, and parents of the victim are eligible to file such a suit.
You can recover both economic and non-economic damages, but you must file the lawsuit within three months of the date of the death. After that, the law says the personal representative named in the decedent’s will must file the lawsuit. If there is no will or no representative has been named, you’ll have to go to the probate court to have a representative appointed for the estate. The personal representative (or “executor”) is bound by the surviving family’s wishes, so if you don’t want to file a lawsuit, they are barred from doing so themselves.
Frequently Asked Questions
Should I Take What the Insurance Company Offers Me?
Typically, the answer to this is absolutely not. Insurance companies are looking out for their own best interests and will try to get you to settle for an offer that is far below what you deserve. At McLaurin Law, we can help you seek an appropriate settlement.
What's the Time Limit for Filing a Claim?
After an accident, you should typically file a claim with the insurance provider of the negligent party who is responsible for your accident. It is important that you move with haste in filing a personal injury claim with the insurance carrier after an injury has occurred. Should a lawsuit eventually become necessary, it is also important to keep in mind that in the state of Texas, you must file a personal injury lawsuit within two years of the date the injury occurred.
What Should I Do after an Injury?
Your number one priority should be your well-being. Seek out medical advice as soon as possible to ensure that you get the treatment you need. You should also move quickly to consult with an attorney to assist you with your personal injury claim. Critical events occur early in the personal injury claims process—such as interviews with adjusters and early damages assessments—so do not delay speaking with an attorney.
Personal Injury Attorneys in Houston, Tx
Personal injury cases are complex, and adjusters often use your statements to minimize payouts. You don’t have to negotiate alone. At McLaurin Law, we fight aggressively for Houston-area clients to secure the compensation they deserve. Contact us today to investigate your case and chart your path forward.
