If you or someone you love and care about has been injured due to someone’s negligence, whether it be from a car accident, medical malpractice, or other personal injury law matters, you have the right to seek reliable representation from a Fresno personal injury lawyer.
Together with your attorney, you can seek to recover all the damages you have suffered and compensation for your pain, suffering, and emotional distress. When people owe you a duty to act responsibly and with reasonable care to avoid harming you or others, and they fail at this duty, they should be held accountable.
Houston Injury Lawyers, PLLC – Speak To a Fresno, TX Personal Injury Lawyer Today!
Here at the Houston Injury Lawyers, PLLC, our aim is to provide fierce advocacy and reliable representation to victims of personal injury accidents. We offer a free consultation to new clients, giving you the space to ask any important questions you have and to have your case evaluated by one of our experienced personal injury lawyers.
Our Texas law firm has been practicing law for over 50 years collectively and over this time we have won countless cases, some of them simple, many of them complex. All of our past victories work in our favor, giving us insight into how to tailor your case in a way that massively enhances your chances of a successful claim you are happy with.
We prioritize the attorney-client relationship here at the Houston Injury Lawyers, PLLC, meaning each and every attorney here will ensure they take the time to listen to you, provide you with legal advice every step of the way, and keep you informed whenever necessary.
Call us today at 936-251-5246.
What are Damages, and What Can I Seek To Recover in a Fresno, TX Personal Injury Lawsuit
One crucial task that your attorney will carry out is the calculation of all the damages that you have suffered. Following the accident, you will have most likely suffered economic and/or non-economic damages and you have the right to recover these.
To do this, your Fresno personal injury lawyers will need to add up all the physical, tangible damages, known as your economic damages. These damages will have a clear, easy-to-calculate price tag attached. Common examples are medical bills and property damage.
Economic damages are the ones that you have suffered that involve paying a bill or receipt. They can be easily added up and should be easily evidenced. To assist your attorney in claiming your economic damages, you should make sure that you keep hold of all receipts, invoices, and bills.
Your economic damages include:
One of the most important economic damages will be the loss of income you have suffered as a result of the accident and your injuries. If you have had to take any time off work in order to receive treatment or recover, you can claim all of your lost wages back.
It isn’t fair that anyone suffers lost wages and income as a result of the negligent behavior of another party. You can claim all past and future losses of wages.
In the most severe of accident cases, the victim may suffer injuries that mean they can never return to work in the same capacity as they did before. In these cases, together with your personal injury attorney, you may be able to seek a lifetime of lost wages.
Even if you have strong medical insurance and coverage, serious injuries can mean expensive treatment and procedures that quickly surpass your cover, leaving you to find the money yourself.
This is a terrible position to be put in, especially as the accident happened as a result of the negligent behavior of another party.
A skilled and experienced personal injury attorney will help you to recover all the medical expenses you have had to face and will be able to calculate a fair and reasonable sum for your future medical care as well. They may speak to your doctors or hire experts to do this.
You can claim all medication costs, procedure costs, physical therapy costs, transport to and from the hospital, and childcare.
Even though everything can be recovered, you will need to ensure you keep all the documentation you can to help evidence your claims. With evidence, your claims are very difficult to dispute.
Another great way that you can assist your attorney and increase your chances of success is to keep a medical, pain, and mood diary. Each day in the morning and evening, write down your pain levels and mood levels on a scale 1-10, and if you have had any treatment or medical care that day, note down what you received.
You will now need to calculate your non-economic damages, and this is where an experienced personal injury lawyer will prove crucial. Your non-economic damages are all the damages that cannot be quantified. Things like pain and emotional distress do not have a physical price tag, but you deserve to be compensated for your suffering.
Pain and Suffering
Pain and suffering damages compensate you for the physical pain, mental distress, and loss of enjoyment of life you have suffered as a result of the accident.
Pain and mental distress can manifest in physical pain, difficulty sleeping, irritability, sexual dysfunction, and a loss of appetite as well as other symptoms. You may also suffer from anxiety, depression, and post-traumatic stress disorder. All of these things can have a significant impact on your life.
Loss of Enjoyment of Life
Loss of enjoyment of life can include a wide range of things. You may be scared to drive your car, stopping you from living your normal life or you might have to give up your hobbies or sports because your injuries prevent you from doing them. Whatever the change to your life, if it has a negative impact then you may be able to recover compensation for this.
The Four Important Elements that Qualify a Person To Make a Personal Injury Claim in Fresno, Texas
In order for you to have a valid personal injury case, there are four important elements. Your attorney will need to ensure that these are met because if your claim ends up in the courtroom, they will be expected to evidence and prove each element for you to be awarded your damages and compensation.
Here are the four elements they will need to prove:
- The person at-fault must have owed you a duty of care at the time they caused the accident.
- The person at fault must have breached the duty of care by acting in a way that is negligent.
- This negligent behavior must have caused your accident.
- This accident must have directly caused you the injuries you are claiming for and the damages you are seeking to recover.
Don’t worry if you are unsure about whether you can prove these elements. Your attorney will evaluate your case and advise you if they believe your case is valid. Get in touch immediately for a free case evaluation.
Definition of Negligent Behavior
One thing that will be important for you to understand is what classifies as negligent behavior. This will be one of the most important aspects of your case.
When someone owes a person a duty of care, and they behave in a way that is not “reasonable” and their actions cause an accident and/or injury, this is negligent behavior. Acting “reasonably” is acting in the same way that any reasonable person would in the same situation.
An example of negligent behavior would be:
A driver running a stop sign and causing an accident. This is negligent behavior because when you get behind the wheel of a car, you owe a duty of care to all other road users and, by running a stoplight, you are acting in a way that a reasonable driver would not. A reasonable driver would stop at the sign.
Common Personal Injury Case Types
Personal injury lawyers deal with all types of personal injury cases. This means that an experienced firm, like the Houston Injury Lawyers, PLLC will have dealt with almost every injury type under the sun. Some of these are more common than others.
Some of the most common cases include:
Slip and Fall or Trip and Fall Injuries
Slips trip and fall injuries are one of the cases that we deal with on a regular basis. Often, these injuries happen on someone else’s property, meaning they also classify as premises liability.
If you have been injured on someone’s property because they have failed to make it safe, you most likely have a claim and should get in touch with an attorney.
Property owners owe a duty of care, and this includes everyone who may end up on their property, including trespassers, in some cases.
Car Accident Injuries
Car accidents are the most common cause of personal injury in the entire country and this means that we deal with car accident cases on an almost daily basis, including DUI accidents.
In the state of Texas, there is a drunk driving-related accident every 20 minutes, a worrying statistic considering the fact that drunk drivers are at a massively increased risk of causing serious injuries, such as a Traumatic Brain Injury or the wrongful death of a loved family member.
Commercial Truck Driving Accidents
Due to the fact that a commercial truck can often weigh over 20x that of a regular car when fully loaded with cargo when things go wrong, they tend to go drastically wrong.
Commercial truck drivers should be monitored by the trucking company that hires them. They should take ample breaks and rest periods and they should work sensible hours. The trucking company must always ensure that the truck is maintained to the highest standard. If a truck accident happens, it can easily lead to catastrophic injuries or fatalities.
When these accidents happen, the driver, the company, or even the manufacturers or mechanics may be liable for the injuries caused.
These cases are more complex than a normal car accident case and we recommend seeking representation as the insurance companies involved will utilize a strong and aggressive legal team in the hopes that they will be able to reduce their liability.
Medical Malpractice Injuries
One of the most serious forms of personal injury case is medical malpractice. As a country, we have the highest medical costs in the world, and with the price tag we pay; we expect the highest competency from our medical providers.
Unfortunately, this is not always the case and when our medical providers deviate from the standard medical practices or act without due care and attention, we can be left suffering the consequences.
Common forms of medical malpractice include:
Failed and Delayed Diagnosis – Your doctor should be able to accurately and promptly diagnose what is wrong with you with the symptoms you are exhibiting. When they fail to diagnose on time, or at all, it means the patient will not receive treatment as quickly as they should and this can prove fatal.
Misdiagnosis – Often worse than a failed diagnosis is when a doctor diagnoses a patient wrong. In these cases, they may prescribe the wrong treatment or procedure.
Surgical Error – Surgeons need to be trained to the highest standard as tiny mistakes in the operating theater can lead to serious injury or fatality.
Wrongful Death Claims – Unfortunately, part of the legal practice of a personal injury lawyer is helping families who are dealing with the wrongful death of a loved one. No financial aid will bring back the loved one and no compensation will ease the pain of grief, but compensation can ensure that the victims’ families do not have to worry about their finances while they grieve.
Which Fresno, TX Personal Injury Lawyer Should I Use?
The very first step in seeking compensation and recovering your damages is to find a skilled and experienced Fresno personal injury lawyer to represent you and act as your advocate.
For those that have never needed representation from an attorney before, this may seem like a scary task.
Here is a quick checklist of the qualities we would look for when doing your research:
- Personable – You may be working with your attorney for years to come and this means it is always important that you get along. Utilize the initial consultation to ensure that your personalities synergize well.
- Past Victories in Similar Cases – Make sure you ask any potential attorney to show you their past victories and wins in similar cases. If they cannot show their victories, they most likely do not have any.
- Time Management – An attorney with a good reputation and skill set will always have a full caseload of clients. A great attorney will ensure they do not have too many and that they can still make adequate time for each and every case on their caseload. This means you may not have around-the-clock access to your attorney, but you should feel that they make ample time to listen to you and keep you informed.
What to Do at The Scene of the Accident
There are certain steps you can take at the scene of the accident to ensure that you are both safe and protected.
Prioritize your safety
Your safety should always be the priority and this means that the first thing that you should do is to check yourself for serious injuries. If you have hit your head or feel pain in the neck, shoulders, or spine, then you need to remain still and wait for help.
If you are certain you have not hit your head or received spinal damage, check yourself for other injuries.
If your injuries allow it, and you are still in further danger where you are, move to a place of safety immediately.
Call an ambulance if there are injuries
If there are any injuries whatsoever, you need to call the emergency services and inform the operator that you need an ambulance immediately. Even if the injuries seem minor, we still recommend that you call an ambulance. Adrenaline and shock can easily mask symptoms of a serious problem, such as internal bleeding.
Call the police/fire department
If you were injured in a car accident, or the other parties are under the influence or acting aggressively, you should call the police. They will divert traffic and deal with the other parties, ensuring everyone is safe.
If the accident involved fire, electricity, explosion, gas, or structural damage, the fire department should be called as they will be trained in making the area safe.
If your injuries allow it, the best place and time to collect evidence for your case is at the scene of the accident. If you have a phone, take a video of the scene and photos of the important aspects. When you record the video, talk over the top, describing what happened.
If there were any eyewitnesses, now is the best time to collect a statement from them and take their details. This will make them more reliable and when your attorney rings or contacts them later on down the line, they can simply agree and verify their previous statement.
Call a team of Fresno, TX personal injury attorneys
As soon as you have made sure you are as safe as possible and you have called the relevant emergency services, you should get in touch with your personal injury lawyer. They will be able to advise you on what to do and what to say and, if necessary, they will be able to send out their own investigation team.
The sooner you get in touch, the better your attorney’s chances of building a strong case that is hard to dispute. They will also be able to take over the tedious aspects of the claim, like speaking to the insurance companies involved.
Common Injuries that are Sustained in Serious Accidents in Texas
When you are injured because of someone else’s negligence, it may result in an accident that caused you to sustain an injury. The most common types of injuries that people suffer in serious accidents include:
- Burn wounds – Burning injuries can cause intense pain, nerve damage, and infection. They can also cause serious emotional trauma and may lead to the patient suffering serious aesthetic issues.
- Severe cuts and lacerations – Serious cuts and lacerations can result in heavy blood loss, the development of scars, and other further complications.
- Broken bones – Broken bones take a long time to heal. This means a long period off work. There may also be other complications and a long physical therapy period when the cast is removed to regain physical strength.
- Spinal cord injury – Spinal damage may lead to paralysis or chronic pain.
- Traumatic brain injury — A traumatic brain injury may lead to a lifelong mental or physical disability or paralysis.
The Timeline of the Texas Personal Injury Claim Process in Fresno
A personal injury lawyer from the Houston Injury Lawyers, PLLC, will guide you through the process of raising a personal injury claim. Our law firm will help your case by:
- Helping to investigate and build a case so that you can file it against the responsible parties.
- We will help you negotiate a fair and reasonable settlement by calculating your damages accurately.
- If the settlement offer is not accepted, we can file your lawsuit in court and litigate, proving you deserve what you are seeking.
- Filing a lawsuit in court when a negotiation is unsuccessful.
Fresno Personal Injury FAQ
Personal injury cases are complex and have a wide variety of different aspects. The level of liability, the seriousness of the injuries, and the damages suffered can vary widely from case to case.
The simpler the case and the clearer the liability is, the quicker it will settle but in complex cases with multiple parties and serious injuries, it may take several years to complete.
In Texas, most personal injury lawyers work on a contingency fee basis, commonly known as no-win-no-fee. This is non-recourse, meaning you can seek representation without paying any upfront costs and will not pay unless you win your case.
If you win your case, your attorney will take a flat percentage fee that they discussed with you during the initial consultation from your settlement.
In cases where the at-fault party was clearly liable, the other party may simply settle to avoid losing in court and paying out more overall. Sometimes, they may settle with you because of the reputation of your personal injury lawyers.
In complex cases, where liability is less certain, they may push for a court battle where they can utilize a strong and aggressive legal team to reduce their payout if possible.
The other party may have an aggressive legal team or their own personal injury defense lawyers and this means without your own representation, you will be at a major disadvantage. You will also be responsible for keeping the case moving over what could be several years.
Call The Houston Injury Lawyers, PLLC
At the Houston Injury Lawyers, PLLC, each and every personal injury attorney on our team has a long history of victories under their belt and will take the time to keep you informed and provide emotional support and a sympathetic ear.
They are exceptionally skilled at calculating fair and reasonable damages and they are aggressive litigators, unafraid to stand up to the insurance company and their legal teams in court.
We are proud of our reputation for fierce advocacy for our clients.
Contact us today for a free consultation and case evaluation at 936-251-5246.