In our long years of practice in handling personal injury cases, we have seen that they commonly occur in the following high-risk areas:

Roadways: Houston’s heavily congested highways and streets, such as Interstate 610, Interstate 45, and U.S. Route 59, are notorious for car accidents, truck accidents, and motorcycle crashes. These accidents can result in severe injuries, including whiplash, broken bones, and traumatic brain injuries.

Workplaces: Industrial and construction sites, such as oil refineries, chemical plants, and manufacturing facilities, can be dangerous places to work. Slip and fall accidents, exposure to harmful substances, and equipment-related injuries are just a few examples of the types of personal injuries that can occur in these settings.

Public spaces: Slip and fall accidents can happen in any public space, including grocery stores, shopping malls, restaurants, and sidewalks. Property owners have a responsibility to maintain safe conditions for visitors, and failure to do so can result in serious injuries.

Residential properties: Accidents can also occur in private homes and apartments, often due to negligent maintenance or unsafe conditions. Examples include slip and fall accidents caused by wet floors, dog bites, and swimming pool injuries.

Medical facilities: Personal injuries can even occur in places meant to heal, such as hospitals, clinics, and nursing homes. Medical malpractice, such as surgical errors, misdiagnosis, and medication mistakes, can lead to severe injuries and long-lasting consequences for patients.

Recreational areas: Parks, playgrounds, and sports facilities are popular spots for outdoor activities, but they can also be the scene of personal injuries. Faulty equipment, inadequate supervision, and poorly maintained grounds can contribute to accidents and injuries in these locations.

When it comes to personal injury cases in Houston, two crucial elements form the foundation of every claim: liability and damages. Liability refers to the legal responsibility of the person or party who caused the injury, holding them accountable for the resulting consequences.

Damages, on the other hand, serve as the basis for the monetary compensation that the injured party seeks to remedy the harm they have suffered.

While no financial amount can truly undo the pain and suffering caused by an accident, it is the closest possible means of addressing the injury-related expenses and losses incurred by the victim. Here are the types of compensation that you can recover:

Punitive Damages

When a personal injury is caused by someone acting with deliberate disregard for the victim’s safety, the court may award punitive damages. Also known as exemplary damages, these are typically reserved for high-dollar cases involving severe injuries such as traumatic brain damage or paralysis.

Punitive damages are not part of personal injury settlements; instead, courts use them to deter the at-fault party and others from engaging in similar behavior in the future.

Compensatory Damages

Compensatory damages, which aim to reimburse the injured party for their losses, come in two forms: special (economic) and general (non-economic).

Special damages have a pre-determined value and include:

• Medical Expenses
• Lost Wages and Income
• Out-of-Pocket Expenses
• Property Damage

General damages, while more challenging to quantify, are the natural consequences of the at-fault party’s negligence. These may include:

• Pain and Suffering
• Mental Anguish
• Disfigurement or Scarring
• Physical Impairment or Disability
• Loss of Enjoyment of Life
• Loss of Consortium

By understanding the types of damages available and the evidence required to prove them, personal injury victims can work with experienced personal injury attorneys to secure the compensation they deserve.

From dealing with physical injuries and emotional trauma to navigating the complex world of insurance claims and legal proceedings, it’s easy to feel like you’re in over your head. That’s where a specialized personal injury attorney comes in.

At The Patel Firm, we provide comprehensive legal services, which start at:

Investigating the accident: Your attorney will thoroughly examine the circumstances surrounding your accident. They’ll gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf. This process may involve obtaining police reports, medical records, and other relevant documentation to support your claim.

Assessing your damages: An accident can result in a wide range of damages, from medical expenses and lost wages to pain and suffering and emotional distress. Your attorney will work with you to assess the full extent of your damages and determine the appropriate amount of compensation to seek.

Negotiating with insurance companies: Insurance companies are in the business of making money, and they may try to minimize the amount they pay out on claims. Your personal injury attorney will handle all communication with the insurance companies involved and negotiate on your behalf to ensure that you receive a fair settlement.

Representing you in court: If a fair settlement cannot be reached through negotiation, your attorney will be prepared to take your case to court. They’ll argue your case in front of a judge and jury, presenting evidence and advocating for your rights every step of the way.

Providing support and guidance: Beyond the legal aspects of your case, your attorney will also provide much-needed support and guidance throughout the process. They’ll answer your questions, keep you informed about the status of your case, and offer advice on how to move forward after the accident.

If you have sustained an injury in Texas, it’s crucial to understand the state’s specific laws to ensure you receive proper compensation.

Statute of Limitations

Generally, Texas adheres to a Statute of Limitations, which mandates the filing of a case within two (2) years of the initial injury. If you fail to bring a claim within this timeframe, it can result in the forfeiture of your right to pursue it.

Notably, the two-year limit is not the sole consideration. Different rules apply if a state or local government is implicated in the injury.

Modified Comparative Negligence

Failing to exercise the degree of care expected of someone in order to minimize the risk of harm to another is considered “negligence,” the legal basis for many accident cases.

Texas employs the modified comparative negligence rule to determine liabilities, which allocates damages based on each party’s degree of fault. This means that if you are found partially at fault for the injury, then your damages can be reduced.

However, if you’re the plaintiff in a lawsuit (the person wronged or injured), you may not recover damages if your percentage of fault is found to be greater than 50%.