Every injury seems personal to the individual who suffers it, but not every injury qualifies for a personal injury lawsuit. These cases may be possible in situations where the injury was caused by another party’s negligence, intentional act, or strict liability.
We most often think about physical injuries when we consider personal injury cases, but emotional or mental injuries are also valid.
If you experience a personal injury, you could find yourself dealing with new medical bills on a regular basis, physical or mental pain and distress, lost income, permanent disability or disfigurement, property damage, and other losses. You might be frustrated and feel that you shouldn’t have to shoulder the burden of these damages, and you’re right—the at-fault party should be responsible.
But they or their insurance carrier may not be eager to pay you a fair settlement. How can you obtain the compensation you need to recover and move on with your life?
Seek Assistance From a Texas Personal Injury Attorney Today
Figuring out the best way to cover your expenses after an accident or injury is never easy. An experienced personal injury lawyer can help you determine if another party was at fault and recommend solutions for recovering compensation.
If you have questions or concerns about your injury, legal advice from a personal injury attorney can give you the clarity you need.
Often, people tell us they don’t know if they really need a lawyer—and that’s okay! The best way to find out if you need a lawyer is to talk to one, and at the CEO Lawyer Personal Injury Law Firm, we’re always available for a free consultation about your accident or injury.
You can learn more about your options with no obligation. If we do take your case, you won’t owe us anything until we win or settle it, so there’s no need to worry about upfront charges.
Who Is at Fault for Your Personal Injury?
Depending on the situation, this is sometimes a complicated question. It may seem obvious to you, but many people incorrectly identify the at-fault party.
In fact, we’ve met clients who thought they were responsible when they weren’t. Others may have identified one liable party without realizing there might be others.
Your attorney can help you with the crucial steps of learning who is at fault in your accident or injury and gathering evidence to prove it.
What Is Modified Comparative Negligence, and How Does It Affect Your Case?
Texas is one of many states that use modified comparative negligence statutes in personal injury cases. Under modified comparative negligence, one party can be completely at fault, but it’s also possible for two or more parties to share fault for an injury.
Under this system, you can recover damages as long as you are less than 51 percent responsible. Your damages will be reduced by the percentage of fault you do have, so if you were 10 percent at fault, you could receive 90 percent of your damages.
This allows an injured person to recover at least some of their damages in situations where they were partially at fault.
But Who Decides How Much Fault Is Apportioned to Each Party?
This is one reason why it’s so important to have the assistance of a qualified Texas personal injury lawyer. In many cases, establishing fault is left up to insurance companies.
This is particularly common in car accidents, but it can also happen in any case involving an insurance claim. When a person has been injured and believes that another party is responsible, there are several things that can happen:
- The injured person files an insurance claim with the negligent party’s insurance policy. An insurance adjuster reviews the claim and usually accepts or rejects it (sometimes after requesting more information or documentation). If the adjuster accepts the claim, they will make an offer based on several factors, including the injured person’s damages and the adjuster’s opinion of how much, if any, responsibility they had. The insurance company sometimes overestimates a claimant’s percentage of fault, and then they can justify a lower offer.
- In some situations, the at-fault party could also file a claim on the injured person’s insurance for their own injuries or damages. For instance, you are involved in a car accident and file a claim with the other driver’s policy, and they file a claim with yours. When this happens, the two insurance companies usually negotiate with each other and eventually come to an agreement about who will pay what. The downside of this scenario is that your insurance company may accept a higher percentage of fault on your behalf because it doesn’t affect their bottom line below 51 percent.
- Sometimes, the insurance company rejects a claim. Insurance adjusters can deny claims for a variety of reasons, but one of the most frequent justifications is fault. If the adjuster thinks you were at least 51 percent responsible, they don’t have to pay anything. A surprising number of people will accept the insurance company’s decision and pay their own bills without ever consulting a lawyer.
- If the injured person engages an experienced personal injury lawyer, their attorney will immediately go to work investigating the accident. We’ll collect as much evidence as we can, establish a solid strategy to win the case and negotiate with the insurance company to ensure that your percentage of fault, if any, is reasonably estimated.
What Should You Do if the Insurance Company Makes You an Offer?
The same thing you should do if the insurance company rejects your claim: Speak with a lawyer right away.
We’ll learn the details of your accident and help you figure out if the insurance company’s offer is fair. This is partly based on the insurance company’s estimation of your share of fault, but there are other considerations.
Another potential problem with the insurance company’s offer is that the adjuster may have underestimated your damages. Sometimes, their offer only covers current medical bills and property damage but may ignore future costs or other damages, like pain and suffering.
They could also downplay your pain and suffering or underestimate other costs.
What Damages Can You Pursue in a Personal Injury Case?
Understanding what your damages are and how much they’re worth is an essential step in seeking compensation for your injuries, but it’s not always a straightforward calculation. Your attorney will ask you about your injuries and how they have impacted your life so we can determine what damages you have and the overall value of your claim.
Here are some potential damages you might have after a car accident:
- Medical bills. Healthcare costs continue to rise, and an emergency room visit after an accident or injury can be expensive, even with health insurance. If you need surgery, follow-up care, physical therapy, or other additional treatment, your bills could add up fast. You can seek compensation for current and future medical bills related to your injury, including long-term care if needed. We’ll ask if you will need regular care or if your doctor has given you a timeline for your likely recovery so we can be sure all your costs are covered.
- Lost income. It can be hard to work if you’re in pain, especially if your job requires physical labor. However, some people with desk jobs may also have to miss work if they suffer a concussion or traumatic brain injury (TBI). While many workers recover and return to work in a few days or weeks, others may be unable to work for months or, in some cases, permanently. We can help you seek damages for all the income you lost (including paid time off or PTO), and if you become permanently disabled, we can also pursue compensation for lost earning potential.
- Permanent disability or disfigurement. If you’ve suffered an injury that permanently affects your life in some way, you may be able to pursue damages.
- Pain and suffering. This could mean physical pain or emotional or mental pain or distress. There are different methods for calculating pain and suffering, and it’s common for insurance companies to underestimate this non-economic damage as well. We’ll ask about the effects of your injuries and help you determine a fair amount for your pain and suffering.
- Property damage. If your property was damaged in the accident, you can seek repair or replacement costs. This often comes up in cases involving car accidents or other vehicles—motorcycles, bicycles, golf carts, boats, etc. You could also have damage to any valuables you were carrying at the time of the incident, such as a laptop, smartphone, or watch.
- Wrongful death. Losing a loved one is heartbreaking, and the last thing you need while navigating your grief is to face financial difficulties. The surviving spouse, children, or parents could file a wrongful death claim, or in some cases, the estate representative or executor can also do so. In these situations, we may be able to pursue damages such as funeral or burial expenses, final medical bills, loss of financial support, and more.
- Punitive damages. These will not be available in all personal injury cases but are sometimes awarded when the negligent party’s actions are incredibly reckless. The burden of proof for punitive damages is somewhat higher than for actual damages—it’s necessary to show the defendant was aware that their actions were extremely dangerous and likely to cause harm.
How Is Pain and Suffering Calculated in a Personal Injury Claim?
As mentioned in the previous section, there is more than one way to calculate pain and suffering. Most often, insurance companies use the “Multiplier Method,” in which they take your economic damages (such as medical bills) and multiply them by a number between 1.5 and 5.
The number rises with the severity of your injuries, but sometimes, the insurance adjuster still chooses too low a number for the injured person’s considerable pain. If this is the case, we can fight for a more equitable valuation.
Other insurers may use a “Per Diem” method where they pay a particular rate per day, usually based on the injured person’s income (although lost income is still compensated separately). This is sometimes a suitable method for temporary injuries but not long-term or permanent ones. It also may not be the best solution for someone who doesn’t earn a high income.
If the insurance company has underestimated your pain and suffering, we’ll negotiate to get you the compensation you deserve.
Are There Damages Caps for Personal Injury Cases in Texas?
Damage caps apply in some situations. In most cases, economic damages are not capped, so you can at least expect to recover your medical bills, lost income, and other economic damages (unless these are reduced due to comparative negligence).
Punitive damages, however, are capped at twice the amount of economic damages plus the non-economic damages (which can’t be more than $750,000 or $200,000, whichever is greater). This calculation can be confusing, but your lawyer will help you understand how much your punitive damages could be if they believe your case might qualify for these damages. (Again, many cases will not qualify for punitive damages.)
Following state legislation passed in 2003, Texas limits non-economic damages in medical malpractice cases to $250,000 per provider and/or facility, with a total cap of $500,000 for all facilities. Depending on the details of your case, the maximum you could receive in non-economic damages like pain and suffering would be $750,000 (but many plaintiffs will receive lower amounts).
When suing government entities, damage caps are often lower, with some entities being liable for no more than $300,000 per occurrence ($100,000 per person). Other entities may be liable for up to $250,000 per person or $500,000 total.
Suing a governmental entity is often difficult in general because they have immunity from liability in many situations. However, if you believe you suffered negligence at the hands of a governmental organization, please speak with a lawyer to learn more about the specifics of your case.
What Kinds of Injuries Could Be a Personal Injury?
The specific injury is less significant than whether we can prove another party negligently caused it. If you believe or suspect someone else was at fault, we recommend consulting a lawyer to learn if you have a case.
However, here are some everyday situations that often result in personal injury claims:
Motor Vehicle Accidents
Sometimes, people think that “personal injury” is synonymous with “car accidents.” It’s true that many of our cases involve car accidents because they’re a very common cause of injuries, but it’s certainly not the only kind of case we represent.
Motor vehicle accidents can also involve more than cars—we see claims regarding large trucks, buses, motorcycles, bicycles, and pedestrians who have been hit by cars. In many of these accidents, the injured party files an insurance claim and assumes it will be paid appropriately.
Unfortunately, the insurance company may use many of the tactics discussed earlier to undervalue or deny the claim. The most frequent difficulty is a disagreement about who is at fault for the accident or how much comparative fault the injured party might have had.
Your attorney can help you address these issues and work toward a fair settlement.
Boating Accidents
Texas has more than 500,000 registered recreational boats and an extensive coastline, in addition to lakes and other waterways. Unfortunately, a lovely day on the water can come to an abrupt end due to reckless or negligent boating.
However, the boat operator is only one of several potentially liable parties:
- The boat captain or operator.
- The boat’s owner. This may or may not be the person driving the boat when the accident happens. The owner could be liable if they allowed someone unqualified or inebriated to operate the vessel. Another possible situation occurs when someone rents a boat from a business and experiences an accident. Typically, the facility will ask you to sign a release saying they are not liable for your injuries, but this isn’t true in all circumstances. If the owner failed to keep the boat in good running condition and this lack of maintenance caused your accident, they might still be liable.
- The operator, captain, or owner of another boat that struck yours. If the person driving your boat was observing safe practices and someone in another watercraft negligently caused the accident, the other boat operator could be liable.
- The boat manufacturer or a third-party service company. Recklessly operating a boat is undoubtedly dangerous, but it’s not the cause of every accident. In some cases, an engine malfunction could cause the collision or sinking of the watercraft. If the boat had a defect, the manufacturer might be liable, or a third-party company that made an error in servicing it may be at fault.
- A passenger. Usually, passengers don’t cause boating accidents, but there are some exceptions. Occasionally, we see cases where a passenger, often intoxicated, tries to grab the wheel of the boat or causes another passenger to fall overboard (intentionally or accidentally).
Depending on who is responsible for the injuries, the boat owner’s insurance (if they have any) may or may not cover your damages. However, we might be able to pursue a claim directly against the liable party in some situations.
Other Recreational Vehicles
Golf carts, ATVs, and other off-highway vehicles (OHVs) are smaller and slower than cars, and sometimes people believe they are a safer way to get around. In some situations, these vehicles can be driven legally on certain roads, depending on local rules and regulations.
But it’s crucial to understand that even at low speeds, recreational vehicles can lead to accidents and serious injuries. Golf carts are prone to tipping over due to their shape, and driving one recklessly can cause a collision.
People often suffer severe injuries in ATV or OHV crashes as well, often because the driver lost control or was ejected from the vehicle. As with boat accidents, there are a number of parties who could be at fault in these accidents, and your lawyer will work to identify the liable party or parties.
Defective Products
Defective products come in many categories, including toys that harm children, airbags that don’t work correctly, medications or medical devices that lead to severe health complications, contaminated food products, safety equipment that fails even when used properly, and appliances that catch on fire or electrocute or otherwise harm the user.
Texas uses strict liability for defective product claims, so unlike with other personal injury cases, it is not necessary to prove the manufacturer, distributor, or retailer was negligent. However, you have to prove they manufactured or sold the defective item, that it was defective when it left their control, and that the defect caused your injuries.
Surprisingly, one of the most common defenses is that the defendant didn’t make or distribute the product. Often, the product passes through many hands before finding its way to the end user who was hurt, and it can take time to identify the liable party or parties.
Another frequent defense is that the user altered the product, causing the defect themselves. In these situations, we will work to show that the product was already defective when it left the manufacturer, distributor, or store.
Premises Liability
These cases involve an injury that occurred on someone else’s property because of their negligence. Simply being hurt in a neighbor’s home or a business does not necessarily mean the owner was negligent.
However, if you were harmed because of an unexpected hazard—like a loose floor tile, a puddle, a structure that collapsed, toxic chemicals you weren’t warned about, etc.—the owner could be at fault. If so, their business or homeowner’s insurance may cover your damages.
Negligent security is another type of premises liability that typically happens in businesses. Organizations that open to the public have a duty to create a reasonably safe environment for guests.
If you were injured by someone committing a crime—such as a robber or a mugger—the business may have failed to protect its customers. One example would be if a store experienced similar crimes previously, or other businesses in the neighborhood had been targeted, and the store did nothing to upgrade its security.
How Can You Get Help From a Texas Personal Injury Law Firm?
Please contact the CEO Lawyer Personal Injury Law Firm for a free consultation about your case. There is no obligation, and your consultation is completely confidential.
If we take your case, there is no charge until we win or settle it.
Attorney Ali Awad founded The CEO Lawyer Personal Injury Law Firm to help injured people and has since recovered millions of dollars in compensation for his clients. When he’s not busy working on a case, you can find him offering no-nonsense legal advice to more than a million followers on social media.
Work with the CEO Lawyer today by calling (833) 254-2923.
