Personal Injury Lawyer Overview – Texas Personal Injury Lawyer
Choosing a Qualified Texas Personal Injury Lawyer
RJ Alexander Law PLLC represents individuals and their families who have been seriously injured or killed as a result of the negligence or recklessness of others. Personal injuries not only cause physical pain, but often emotional and financial hardship through loss of work, stress of family members, and extremely high medical bills. As human beings, we often take for granted our physical and mental well-being until something goes horribly wrong.
Standards of Liability – Texas Personal Injury Lawyer RJ Alexander Law PLLC
In Texas, you must prove that you have been injured by another party’s careless or reckless actions to win a personal injury claim. Personal injury victims (plaintiffs) can file one of several types of personal injury suits (torts) against the responsible parties (defendants). Key principles of personal injury lawsuits are listed below:
Negligence – The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similiar situation; any conduct that falls below the legal standard established to protect other against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others’ rights. The term denotes culpable carelessness.
Strict Liability – Liability that does not depend on actual negligence or intent to harm on actual negligence or intent to harm, but that is based on the breach of an absolute duty to make something safe. Strict liability most often applies either to ultrahazardous activities or in product-liability cases.
Intentional or Reckless Conduct – Characterized by the creation of a substantial and unjustifiable risk of harm to others and by a conscious (and sometimes deliberate) disregard for or indifference to that risk; heedless; rash. Reckless conduct is much more than mere negligence: it is a gross deviation from what a reasonable person would do.
Comparative Negligence – The principle that reduces a plaintiff’s recovery proportionality to the plaintiff’s degree of fault in causing the damage, rather than barring recovery completely. Most states, including Texas, have statutorily adopted the comparative-negligence doctrine.
Damages – Money claimed by, or ordered to be paid to, a person as compensation for loss or injury.
Texas Personal Injury Law and wrongful death cases are extremely complex. Below are some things to consider when faced with a personal injury lawsuit:
1. Never agree to any settlement without consulting an attorney, preferably Texas personal injury lawyer RJ Alexander Law PLLC.
2. Do not sign any forms. You may be releasing the party that injured you from liability and thereby limiting your future recovery from insurance policies which covered your personal injury.
3. Do not accept any money from an individual, corporation, or insurance company before consulting with RJ Alexander Law PLLC, Texas personal injury lawyer, as you are likely limited your damage claims to the amount of money accepted.
Texas personal injury lawyer RJ Alexander Law PLLC will assist you in charting the best legal strategy that helps you to recover lost wages, medical compensation, and pain and suffering for your personal injury lawsuit, survival claim, or wrongful death of a loved one.
At Texas personal injury lawyer RJ Alexander Law PLLC, a plethora of personal injury and wrongful death cases are handled, including but not limited to:
Chemical Exposure & Toxic Torts
Serious Injuries or Death
Emotional and physical ailments often accompany the above cases. Below are some of the types of injuries that arise as a result of personal injury accidents:
Amputations, Burns, and Scars
Birth Defects and Birth-Related Injuries
Closed Head Injuries, Concussions, Seizures, and Permanent Brain Damage
Dislocations and Fractures
Emotional Trauma, Mental Anguish, Depression, and Psychological Conditions
Benzene Exposure and Carbon-Monoxide Poisoning
Neck, Back, Spinal Cord, and Major Injuries
If you are part of a personal injury lawsuit or insurance settlement in Texas, a number of state laws may come into play at some point in your case.
Time Limits on Personal Injury Lawsuits in Texas
All states have imposed statutory limits on the amount of time you have to go to court and file a lawsuit after you have suffered some type of harm. These deadlines vary depending on what type of case you want to file, but in general this kind of law is called a statute of limitations.
In Texas, the statute of limitations for personal injury cases gives you two years from the date of the injury to file a lawsuit in the state’s civil court system.
It is important to understand and adhere to this rule. If you don’t get your lawsuit filed before the two-year window closes, the Texas civil court system will likely refuse to hear your case at any time in the future, and your right to compensation will be lost.
Texas Shared Fault Rules
In some personal injury cases, the person or business that you are filing a claim against argues that you are actually to blame (at least partially) for the incident that led to your injuries.
If you do share some degree of liability, it can end up affecting the total amount of compensation you can receive from other at fault parties.
In shared fault injury cases, Texas follows a “modified comparative negligence rule.” TO put this rule into the simplest terms, it means that the amount of compensation you are entitled to receive will be reduced by an amount equal to your percentage of fault. However, if you are found to bear more than 50 percent of the legal blame accident and sustained injuries then you cannot collect anything at all from other at-fault parties.
Please call RJ Alexander Law PLLC: Texas Personal Injury Lawyer at (832) 458-1756 or use the contact form.
Your initial personal injury consultation is always free so contact RJ Alexander Law PLLC, the small law firm with big solutions today.