Being in a serious accident is devastating and terrifying. You may have a severe injury that limits your ability to work and enjoy life. How will you move forward? The best move is to hire a personal injury attorney to hold the liable party accountable.
Were you or a loved one injured in an accident because of someone’s negligence? You deserve compensation for your medical bills, lost earnings, pain and suffering, and more.
However, getting the most compensation from the insurance company without an attorney is daunting. You need a personal injury attorney in Houston to take on the insurance company and maximize your compensation.
Table of Contents
- What Are Common Types Of Personal Injury Claims in Houston?
- How A Personal Injury Claim Works In Houston
- What Compensation Can You Sue For In A Personal Injury Claim?
- What Is A Personal Injury Claim Worth?
- How Long To Settle A Houston Personal Injury Claim?
- Talk To A Houston Personal Injury Attorney Today
What Are Common Types Of Personal Injury Claims in Houston?
Houston is a huge city and is getting bigger, so there are many daily accidents and injuries. The most common types of accidents that lead to personal injury lawsuits are:
Auto Accidents
Auto accidents are the most common reason for personal injury lawsuits in Houston and other cities. Auto accidents happen because of driver distraction, texting and driving, drinking and driving, reckless driving, speeding, and more. Common intersections and roads with many auto accidents in Houston are:
- I-45 and the feeder road at Chartres Street.
- I-45 and Greens Road.
- 610 Loop and North McCarty Drive.
- Aldine Bender Road and John F Kennedy Boulevard.
- Beechnut Street and Sam Houston Parkway.
Truck Accidents
Tractor-trailers travel through Houston daily on I-10 and other major highways and interstates. Truckers have a higher obligation than regular motorists to drive safely. However, truckers frequently cause serious accidents because of fatigue, intoxication, reckless driving, and distraction. Your personal injury attorney may recommend suing the trucking company to maximize your compensation for your injuries.
Slip And Fall Accidents
Property owners must keep their premises safe and warn guests and visitors of any dangers. You can be entitled to compensation if you suffered an injury on someone’s property in Houston. Common reasons for slip and fall accidents are puddles on the floor, loose carpeting or flooring, lack of handrails on steps, and ice and snow on the sidewalk or parking lot. A premises liability attorney can review your case to determine your legal options.
Workplace Injuries
Workplace injuries are common in Houston. For example, Houston has massive construction because of the growing population, and construction site injuries happen almost weekly. A personal injury attorney can review your case to determine if a lawsuit is possible.
Defective Products
Consumer products sold in the United States must be safe for use as instructed. However, defective products cause many serious injuries and deaths every year. Common defective products are cars, car parts, toys, electronics, appliances, and lawn equipment.
Wrongful Death
A wrongful death lawsuit can be filed if someone’s negligence or wrongful action caused a person’s death. This claim may be brought if the decedent could have filed a personal injury lawsuit if they had lived.
Have a wrongful death attorney review your case to determine if you are eligible for compensation.
How A Personal Injury Claim Works In Houston
You have the right to file a personal injury claim in Texas if someone injures you in an accident. Filing a personal injury claim can be daunting if you aren’t an attorney, so it’s best to retain a personal injury lawyer to handle the case.
First, seek immediate medical attention after the accident or incident. Waiting to get medical treatment can jeopardize your claim. Then, take the following steps:
Consult A Personal Injury Attorney
Talk to a personal injury attorney after you are treated for your accident injuries. The consultation is free. You will obtain legal guidance about whether there is a case. You may also find out how much the claim is worth and how long it can take to resolve it.
You should always hire a personal injury lawyer if you have catastrophic injuries or someone dies in the accident. Catastrophic injuries are permanent or long-lasting, such as amputation injuries, brain and spine injuries, compact fractures, severe burns, etc.
File An Insurance Claim
Next, file an insurance claim with the liable insurance company. For example, in a car accident, you should obtain the liable party’s insurance information and have your auto accident attorney submit a claim.
Usually, the liable party was negligent because they didn’t act reasonably. For instance, if another driver was texting and driving and injured you, you should receive compensation from their insurer for your injuries.
Have your personal injury attorney file the claim for you. The other party’s insurance company may try to lowball you or deny the claim.
Negotiate A Settlement
Your attorney will submit the claim for your damages and injuries to the insurance company. Then, they will begin negotiations for an insurance settlement. Almost all personal injury claims end with an insurance settlement.
The insurance company will offer a small settlement initially. Your personal injury attorney will negotiate for the most money. Accepting the best settlement offer or filing a personal injury lawsuit is up to you.
Many injury victims take the settlement their attorney negotiates because it gets money in their pocket faster than a trial.
File A Personal Injury Lawsuit
The insurance company may deny liability or offer far less money than your attorney thinks is appropriate. Your attorney may file the claim in court and prepare your case for trial.
However, mediation could be ordered by the judge before the trial occurs. Mediation is led by an objective third party who attempts to negotiate a settlement between you and the defendant. If mediation succeeds, the case may settle without going to trial.
The personal injury claim process can be complicated, especially when there are severe injuries and multiple liable parties. Rely on a skilled Houston personal injury attorney to handle your claim and maximize compensation.
What Compensation Can You Sue For In A Personal Injury Claim?
You can seek compensation for any expenses and losses related to the incident. Some of the compensation your attorney may help you obtain are:
Medical Expenses
You may receive compensation for your current medical expenses, including hospitalization, ER and ambulatory services, surgeries, rehabilitation, physical therapy, doctor’s appointments, and prescription drugs.
Further, you can receive compensation for future medical expenses. Your personal injury attorney will carefully estimate your future medical costs by working with your doctors and understanding your prognosis.
Lost Earnings
Most injured parties lose work time for weeks or months due to the accident. Your personal injury lawyer will compensate you for all past and current earnings losses.
In addition, you may receive compensation for future lost earnings and lost earning capacity. This can happen if you have a long-term or permanent disability from the incident. Accurately estimating future earnings losses and lost earning capacity is a critical role that your attorney plays in your case.
Pain And Suffering
Many injury victims don’t realize that pain and suffering compensation in a personal injury claim may be more than money for medical bills and lost earnings. Unfortunately, pain from serious injuries can be excruciating, and your pain has a monetary value. How much you are paid for pain and suffering depends on the type of injury, how it affects you, and your attorney’s negotiating skills.
Mental Anguish
You may receive compensation for mental and emotional anguish related to your injury. For example, losing an arm or leg in a truck accident is mentally devastating for most people. You may feel depressed and anxious or ashamed of your physical condition. Your emotional trauma also has a monetary value, and your attorney will demand the most compensation.
Property Damage
You should have any property damaged or destroyed paid for by the liable party. For example, your vehicle should be repaired or replaced in a car crash.
What Is A Personal Injury Claim Worth?
You may want to know how much money you can get for your injuries. Some sources will provide ‘average personal claim settlement amounts,’ but that is a misnomer. You can receive much more or less for your claim than someone with the same injuries. It all depends on the case circumstances and how the injury has affected your life and ability to earn a living.
Common factors that influence your personal injury settlement are:
Severity Of Injuries
Obviously, someone with a severe injury will have a higher settlement amount. Soft tissue injuries like whiplash may be painful but usually lead to lower settlements. A soft tissue injury can generally be treated with plenty of rest, rehabilitation, and minor medical procedures.
However, if you have a severe injury, such as compound fractures or a traumatic brain injury, the settlement value will be much greater. These injuries are common with trucking accidents and falls from heights. Such devastating injuries may require extensive hospitalization, surgeries, and long-term rehabilitation. You may even need home care if you have a severe brain or spine injury.
Medical Bills
Medical bills are a major factor in the size of your settlement. A serious injury that requires several months in the hospital and surgeries can have a settlement value in the millions. Always have an experienced personal injury lawyer handle a serious or catastrophic injury claim. Receiving insufficient compensation for a severe injury can lead to poor medical treatment that compromises your recovery.
Lost Earnings
The more work time missed, the higher the settlement. A minor back injury, such as a sprain, may require you to miss a few weeks or months of work, which would be worth less than if you are permanently disabled. In this case, you can receive money for lost earning capacity based on the years of lost work time, your most recent salary, and your education level.
Pain And Suffering
Pain and suffering for severe injuries is substantial, so you would receive more compensation than for a broken arm or wrist. Your attorney will work with your doctors to understand how much the injury affects your life. You will receive more money if the injury is painful and makes you miss daily activities.
Quantifying pain and suffering compensation is complex. That’s why you should hire an experienced personal injury attorney.
Insurance Coverage
A settlement may be limited because of the available insurance. In Texas, for example, the minimum auto insurance required for drivers is $30,000 per person and $60,000 per accident. Your attorney may recommend a personal injury lawsuit against the other driver if your damages are higher. You can also tap your policy’s uninsured and underinsured coverage.
How Long To Settle A Houston Personal Injury Claim?
The time to settle a case depends on many factors. Some injury claims, such as those with clear liability and minor injuries, can be settled in one or two months.
Cases with severe injuries and complex liability questions can take months or years to resolve. A personal injury lawsuit may be needed to resolve the matter in limited situations. Talk to a personal injury attorney about your case to understand how long it may take to settle it.
Many injury victims settle their cases after their attorney negotiates with the insurance company. Taking a settlement means getting money in hand faster than going to court.
However, your attorney may recommend waiting to begin insurance negotiations until you have attained maximum medical recovery. This is the point where your injuries will not heal further. Waiting until you are fully healed to settle the case ensures you are properly compensated for your injuries.
Talk To A Houston Personal Injury Attorney Today
An accident through no fault of your own can leave you feeling confused and stressed. Not knowing how you’ll pay your medical and other bills is a nightmare. End the uncertainty by contacting a Houston personal injury attorney today.
An attorney will review your case and determine your legal options. You can receive compensation for your injuries and other damages, so contact a personal injury attorney in your community now. Remember, you will not pay legal fees unless your attorney obtains compensation for you. You don’t pay out-of-pocket expenses for their legal services.