League City Personal Injury Lawyer
Personal injury law in Texas is designed to protect individuals who have been harmed due to another party’s negligence or wrongdoing. Whether you’ve been involved in a car accident, slip and fall, or any other incident resulting in injury, having an experienced personal injury lawyer on your side to negotiate your settlement or litigate the case if necessary is essential to getting the best result. In the Galveston Bay area, attorney John Reed has over 33 years of legal experience dedicated to helping people in need get the best result available. If you or a loved one has been harmed by another’s negligence or misconduct, contact John Reed, Attorney at Law, to speak with an experienced and successful League City personal injury lawyer.
What Constitutes a Personal Injury Case?
A personal injury case arises when someone is injured due to the negligent, reckless, or intentional actions of another party. In Texas, personal injury law covers a wide variety of situations, including:
- Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents often result in serious injuries, and victims may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
- Slip and Fall Incidents: Property owners have a responsibility to maintain safe premises. If a hazardous condition on someone’s property caused your injury, you may have a valid premises liability claim.
- Workplace Accidents: While many workplace injuries are handled through workers’ compensation, some cases may allow for personal injury claims, particularly if a third party (someone other than your employer) contributed to your injury or if your employer does not subscribe to workers’ compensation insurance.
- Product Liability: Injuries caused by defective products can lead to claims against manufacturers or sellers.
- Medical Malpractice: If a healthcare provider’s negligence caused you harm, you could pursue compensation through a medical malpractice lawsuit against the doctor or hospital responsible.
- Wrongful Death: If a person causes death due to their wrongful act, neglect, carelessness, unskillfulness, or default, the surviving spouse, children, and parents can pursue a claim for loss of household income, loss of services and support, loss of love and companionship, mental distress, and other legal damages, including punitive (exemplary) damages in the case of a willful act or omission or gross negligence.
The Importance of Proving Negligence
In a Texas personal injury case, the burden of proof lies with the injured party (the plaintiff). To successfully claim compensation, the plaintiff must demonstrate that the defendant’s negligence directly led to their injury. Proving negligence involves establishing the following by a preponderance of the evidence:
- Duty of Care: The defendant had a legal obligation to act in a way that would prevent harm to others.
- Breach of Duty: The defendant failed to uphold this duty by acting negligently or recklessly.
- Causation: The defendant’s breach of duty directly caused the plaintiff’s injury.
- Damages: The plaintiff suffered measurable damages, such as medical bills, lost income, or emotional distress.
Comparative Fault in Texas Personal Injury Cases
Texas follows a “modified comparative fault” rule, which means that if you are partially responsible for the accident, your compensation can be proportionately reduced. Under this system, you can still recover damages if you are less than 51% at fault. However, your award will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault for a car accident, and your total damages amount to $100,000, you would only receive $80,000. If you are 51% or more at fault, then you cannot pursue a case against the other negligent party.
Having a personal injury attorney represent you is critical to proving the full extent of the other party’s negligence in the face of contrary arguments from the insurance company to ensure the success of your claim and recover the maximum in compensation.
Types of Compensation Available in Personal Injury Cases
Victims of personal injury in Texas may be entitled to various types of compensation, depending on the circumstances of their case. These include:
- Medical Expenses: Covers hospital bills, rehabilitation costs, future medical treatments, and any necessary medical equipment.
- Lost Wages: Compensation for income lost due to time off work, as well as future earnings if the injury results in long-term disability.
- Pain and Suffering: Non-economic damages intended to compensate victims for physical pain and emotional distress caused by the injury.
- Property Damage: If personal property, such as a vehicle, was damaged in the incident, compensation may cover repair or replacement costs.
In some cases, Texas law allows for punitive damages, which are meant to punish the wrongdoer for especially reckless or malicious conduct. However, these damages are awarded sparingly and are subject to statutory caps.
Statute of Limitations in Texas Personal Injury Claims
In Texas, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the injury. This means that if you do not file a lawsuit within two years of the accident, you may lose your right to pursue compensation. There are some exceptions to this rule, such as cases involving minors or certain government entities, that can lengthen or shorten the time frame you have to file a claim. Contact an attorney as soon as possible after an accident or injury to preserve and protect your rights.
How an Attorney Can Help with Your Personal Injury Case
Handling a personal injury claim on your own can be overwhelming; you’re going up against an insurance company with adjustors who are specially trained to settle cases for the minimum amount. The prospect of litigation is often what motivates an insurer to settle for an appropriate amount, but this incentive is absent without having a lawyer on your side with a record of success in trial. An experienced personal injury attorney will negotiate a fair amount on your behalf and be prepared to litigate the case and go to court if necessary.
A lawyer can guide you through the legal process, help you gather necessary evidence, and negotiate with insurance companies on your behalf. At John Reed, Attorney at Law, we can assess the strengths and weaknesses of your case, estimate the potential value of your claim, and advise you on the best legal strategy. We will investigate the accident, gather evidence, and interview witnesses to build a strong case. Our team handles all communications and negotiations, ensuring that your rights are protected and freeing you to focus on getting better rather than dealing with the stress of settling your claim. If a fair settlement cannot be reached, John Reed is an experienced trial lawyer who will be prepared to take your case to court to pursue the compensation you deserve.
Contact Attorney John Reed for Help With Your League City Personal Injury Claim
If you or a loved one has suffered an injury due to someone else’s negligence in League City or the surrounding areas, it’s important to understand your rights under Texas personal injury law. With the guidance of an experienced attorney like John Reed, you can focus on healing while he handles the legal complexities of your case.
Don’t delay in seeking the help you need. Contact League City personal injury lawyer John Reed, Attorney at Law, at 281-928-8228 to schedule a free consultation and explore your options for obtaining fair compensation. There is no fee until we win your case.