PERSONAL INJURY

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Successfully pursuing a personal injury lawsuit and obtaining a just settlement requires meticulous legal work and a thorough comprehension of the law. Even apparently clear-cut cases can result in unfavorable outcomes or insufficient settlements without a diligent approach to detail and a disciplined commitment to proving the four essential elements of negligence that are required to win any personal injury case.

At our law firm, we recognize the importance of each case and the impact it has on our clients’ lives. Our legal team has a deep understanding of personal injury law and an unwavering focus on building strong cases that prove the necessary elements of negligence. We work tirelessly to gather evidence, investigate the circumstances surrounding the incident, and build a compelling case to hold the responsible party accountable for the damages our clients have suffered.

We understand that the consequences of personal injury accidents can be life-changing, and we are committed to helping our clients obtain fair compensation for their injuries, medical bills, lost wages, and other related expenses. If you have been injured in an accident, our skilled personal injury attorneys are here to guide you through the legal process and help you secure the best possible outcome for your case.

How Long Do I Have to File a Personal Injury Claim in Texas?

According to the Texas Civil Practice & Remedies Code section 16.003, the statute of limitations for personal injury cases in the state of Texas is two years. The statute of limitations is a law which limits how long injury victims have to file a personal injury claim before they lose their legal right to do so.

In other words, you have two years from the date your injury occurred to file your claim, or you will lose your right to file and your right to pursue compensation for your injuries. It’s important to note that there are exceptions that can change this time limit.

These exceptions include:

If the injury victim was a minor at the time of the accident the two-year time period will begin once the claimant turns 18.

If the alleged negligent party leave the state of Texas before the lawsuit can be filed the statute of limitations will most likely be extended.

The statute of limitations has a big impact on your ability to file a claim which is why it is so important to speak to a skilled attorney about the specifics of your case as soon as you can. Carter Law offers free, no-obligation consultations so you have nothing to lose by contacting our firm today!

One of our Houston personal injury lawyers can help you prove negligence in your lawsuit. Call Carter Law at (713) 454-9890 or contact us online today.

How Comparative Modified Fault Works in Texas

In Texas, the legal system employs a modified comparative fault approach to awarding damages in personal injury cases. Essentially, this means that your final compensation will be determined based on the degree of fault assigned to each party involved in the incident.

For example, if the court finds that the defendant was primarily responsible for your injuries and awards you a $500,000 settlement, but also determines that you were 20% at fault for the incident, your recovery will be reduced to 80% of the settlement amount, or $400,000.

It’s crucial to note that if your percentage of fault reaches 50% or higher, you will not be eligible for any damages at all. That’s why it’s essential to have a legal team that is meticulously attentive to every aspect of your case. Even a small shift in the percentage of fault assigned to you can result in a significant difference in the final compensation amount.

At our law firm, our personal injury lawyers possess a wide range of skills and expertise to assist you when you’ve been injured. We understand the complexities of the legal system and have a proven track record of obtaining fair compensation for our clients. If you’ve been injured, call Carter Law at (713) 454-9890 or contact us online today.

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4 Elements Of Negligence in A Texas Personal Injury Case

To win a personal injury case, it is crucial to establish that the defendant was negligent. This requires proving four key elements in civil court.

The plaintiff must first demonstrate that the defendant owed them a duty of care. Next, they must show that the defendant breached that duty. Then, they must establish that the defendant’s breach of duty caused their injuries. Finally, the plaintiff must prove that the damages they suffered are a direct result of the injury.

Negligence consists of:

Establishing a duty of care that the defendant owed you

Showing that the defendant breached the duty

Demonstrating that the defendant’s breach of duty is what caused your injuries

Proving that the damages you suffered are specifically because of this injury.

Once these elements are established, the plaintiff must present evidence of the full extent of their damages. This includes not only financial losses, but also psychological and emotional harm. It is important to accurately assess the damages in order to seek a fair settlement.

However, the defendant may try to defend themselves by arguing that they acted reasonably, that the source of the injuries came from somewhere other than the accident, or that the plaintiff is responsible for the accident. This is why it is essential to work with an experienced personal injury lawyer who can protect your rights and advocate for your best interests.

Insurance companies may offer low settlement amounts that do not fully compensate the plaintiff for their damages. A personal injury lawyer can help negotiate a fair settlement or take the case to trial if necessary. At our law firm, we have a deep understanding of personal injury law and a track record of success in advocating for our clients. If you have been injured due to someone else’s negligence, we are here to help. Contact us today for a consultation.

Personal Injury Claims Can Come About in a Multitude of Ways

18 Wheeler Accident

Being in an accident with a big rig can be terrifying. A direct collision isn’t the only way to be injured in an 18-wheeler accident. If the truck wasn’t packed correctly, objects could have flown into the path of your car and caused the injuries.

Catastrophic injury

Traumatic injuries like damage to the brain will alter your life permanently. The settlement you get should address medical care and quality of life issues for the rest of your days. Your lawyer should be experienced in knowing what needs to be considered in tallying up the final damages.

Car Accidents

Was someone driving too fast or not paying attention to the road? Was a person’s driving inappropriate for conditions? These are just a few of the questions that will arise in a car accident case. Your lawyer can talk to witnesses, read police reports and review accident scene photos to help you build your case .

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Motorcycle Accident

The nature of these accidents can be devastating. Motorcycle riders can be thrown from their bike and suffer severe, life-changing injuries. They can also face unique challenges in court, with potential jurors perhaps prejudiced against the rights motorcyclists have on the road. Your lawyer has to protect your interests.

Premises Liability

A property owner, be it commercial or residential, has duties of care to those that enter their premises. Reasonable steps must be taken to either eliminate dangers or provide adequate warning as to where hazards might exist. When those steps aren’t taken and you’re injured, the foundation of a personal injury lawsuit can be in place.

Product Liability

A manufacturer has three core responsibilities to their customers. The company must ensure the design of their product is sound. The production process itself must meet industry best practices. And any dangers a person might face when reasonably using the product must be identified on the label. Do you believe the product that injured you might have failed any of these three tests? If so, let a lawyer take up your case.

Wrongful Death

A person dying is always a tragedy, and that sense of tragedy can be heightened even further when there’s a belief that it didn’t need to happen. If you believe a loved one’s death came about because of another person’s negligence, then a wrongful death action is the legal recourse available to you.

Call Our Firm to Get Started on Your Case

All of these personal injury claims are different in their own way. They invite different questions needed to establish negligence. You need a lawyer who is experienced in handling the unique nature of your case.

Carter Law has 15 years of experience handling cases like these. What’s more, our firm has winning experience. We’ve racked up over 1,000 legal victories. That kind of track record comes from hard work, attention to detail, nuanced understanding of the law and never taking anything for granted. We want to put those qualities to work for you next.

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Attorneys With Heart

Contact us today to meet with our attorneys and get our skilled, experienced attorneys on your side. We know this is a difficult time and are prepared to walk through this process with you, step by step. Call us at (713) 454-9890 or fill out the contact form to get started.