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When any type of accident occurs, the first thing most people do is to check themselves for injuries. If they don’t feel alright, or it’s clear that they are in pain, they dial 911 for immediate medical evaluation. This marks the beginning of what sometimes turns out to be a long treatment process. Amidst all these, they completely forget the important legal aspect of their accident.
Unfortunately, most accidents are caused by the negligence of another party. This means that someone failed to maintain their legal duty of care to you. But to many people, an accident is just that: an accident. They forget that they are legally entitled to compensation as long as you can prove that someone else’s negligence caused your pain. And for those who know their rights, pursuing justice while still attending to their medical treatment and the rest of their lives becomes impossible.
Because our legal team understands how confusing the aftermath of an accident is, our Channelview personal injury lawyers dedicate their time and resources to helping you recover the compensation you deserve.
By definition, a personal injury lawyer is an attorney who helps victims of accidents that are caused by negligence recover monetary compensation for their injuries and damages. They practice in a legal area commonly referred to as tort law under Texas Civil Practice and Remedies Code Title 5, Chapter 101. Unlike a state attorney, who seeks to punish the party at fault for their wrongdoings with a fine or time in jail, a personal injury attorney’s work is to recover compensation for the injured victim. It doesn’t matter whether the liable party faces criminal charges or not.
Retaining an attorney is not mandatory for you to recover compensation. You are allowed to litigate your case on your own. However, the greatest downside to self-litigation is that you lack the legal expertise, aggressiveness, and resources required to get full justice. On top of this, you may not have enough time to work on your case, more so when following up with your doctor’s treatment plan. For those reasons, it’s highly advisable to retain a Channelview lawyer to handle your personal injury claim.
Some of the most important roles of an attorney in a personal injury claim include:
You cannot file any type of personal injury claim without pointing out the party you intend to sue. Establishing liability is not something you do with your eyes closed. You need thorough investigations that a seasoned personal injury lawyer can provide. Most law firms, including Lone Star Injury Attorneys, have experts on retainer ready to investigate your accident, leaving no stone unturned.
Your ability to recover compensation in your injury cases is largely dependent on the evidence you provide. In reality, the burden of proof falls on you, and it’s up to your Channelview personal injury lawyer to make a strong case. Without indisputable evidence, you are not likely to be compensated.
If there is one place you are likely to be frustrated, it is when handling insurance companies. Some of them tend to deny victims their rightful settlement even when liability is clear. They act in bad faith, prolonging the settlement process so that you give up. Others put the blame on the victim, purporting that the victims were at fault or the injuries are from a preexisting condition. Without a no-nonsense attorney, you are likely to get a lowball offer for your claim.
If bad comes to worst during negotiations with insurance companies, you may opt-out and proceed to court. A judge or jury will decide your case based on evidence tabled before them. A good attorney knows what to do to make an injury case a success. He or she understands the applicable laws in personal injury law and how to argue the case most persuasively.
There are a variety of accidents or acts of negligence that may result in a personal injury case. They include:
If any of these accidents result in death, we also help families of such victims get justice by pursuing a wrongful death claim.
The potential recoverable damages for a civil lawsuit depend on the case specifics. The court considers factors such as the severity of injuries and how they will affect them in the future. After establishing liability, the court may award compensation for the following:
The court will consider verifiable monetary losses and the non-monetary injuries an individual sustains due to their accident.
Personal injury laws set a time limit for filing the claim depending on the case type. According to the Texas Civil Code § 16.003, the claimant must file cases involving injuries from car accidents, dog bites, premises liability, and defective products within two years of the day of the accident. Missing the statute’s expiration date would mean losing the ability to hold the individual responsible for their actions and collect damages to cover damages and losses.
The expiration date is also two years for medical malpractice cases. However, it may be two years from the date the malpractice occurred or the date of the last treatment provided by the certified medical professional. There could also be an extension for the discovery rule.
If the patient does not know they sustained damages during a medical procedure immediately, the time starts the day they reasonably discover the injuries. A personal injury lawyer in Channelview could handle the legal work and ensure compliance with state rules and regulations.
Nobody can change what happened after a terrible accident. However, when it happens because of someone else’s thoughtless actions, you have every right to hold them responsible.
Personal injury laws provide you with the process to file a lawsuit in civil court and collect damages for your losses. A qualified Channelview personal injury lawyer could help you build a powerful case and navigate the civil court process. Call today to schedule a consultation.
Max Paderewski is an excellent attorney
By: Michael C.
Max Paderewski is an excellent attorney who knows how to get you the best possible recovery for your injuries, while keeping you informed about your case every step of the way. He is the ONLY personal injury attorney in Texas I would recommend.
Rating: ★★★★★ 5 / 5 stars
Lone Star Injury Attorneys, PLLC
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