If you’re on the hunt for a personal injury lawyer in Houston, TX, it’s likely you have some questions. Here are some of the most frequently asked questions we answer for our clients.
1. How Long Do I Have to File a Personal Injury Lawsuit in Texas?
In Texas, the statute of limitations for personal injury cases is typically two years from the date of the injury. Failing to file within this timeframe can result in the loss of your right to seek compensation. There are exceptions, however, such as cases involving minors or injuries that were not immediately discoverable, which can extend this deadline.
2. Can I Still Sue If I’m Partially at Fault for My Injury?
Texas follows a modified comparative negligence rule, meaning you can still recover damages even if you’re partially at fault, as long as your responsibility is not more than 50%. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your compensation would then be reduced by 20% if you win your case.
Read the rest of this entry »After an accident, there’s something to be considered beyond the mounting medical bills and lost wages. You’re likely also facing a great deal of physical and emotional pain, and Texas law recognizes that you should be compensated for this. Unlike with medical expenses, however, figuring out how much you should be compensated isn’t a very straightforward calculation. Talk to a Board-Certified personal injury attorney in Houston, TX for specifics in your case, and read on to get a general idea of how this is done in Texas.
From a Houston, TX Personal Injury Attorney: Calculating Pain and Suffering
Texas courts rely on a few approaches when determining these damages, but the most common method (and the one encouraged by the courts) is the “multiplier” approach. Here, you take your documented economic damages (things like medical costs, lost income, etc) and multiply them by a number between one and five, reflecting the severity and duration of your pain and suffering.
Read the rest of this entry »When you suffer serious injuries caused by third-party negligence, you may be able to sue for financial damages in Houston, TX. This type of incident can result in significant monetary loss from the cost of medical bills, time away from work, and related expenses. An experienced personal injury attorney in Harris County, Texas can help you understand your legal rights in this challenging situation.
Establishing Negligence in Texas
Texas requires personal injury plaintiffs to show five elements of negligence for a successful case. You must prove that the defendant had a necessary duty of care, such as maintaining a safe public business or driving safely. Then, you must show that they failed to do so, perhaps by leaving ice and snow on the sidewalk or driving under the influence of alcohol. The third element of negligence requires proof that the breached duty of care resulted in your injury.
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Large commercial trucks carry everything from consumer products to hazardous chemicals, making them an important component of the national supply chain. However, catastrophic accidents can occur when truck cargo is not properly loaded and fastened onto the truck. When this happens, any injured parties may be eligible to file a personal injury claim against the driver, the trucking company, or the company responsible for ensuring cargo is secure and properly loaded.
Building a Strong Evidence-Backed Truck Accident Injury Claim
If you or a loved one were injured in an accident caused by improperly secured truck freight, you may be able to recover financial compensation for your damages. However, you will need ample evidence to be successful.
As soon as possible after the accident, it is important to gather evidence that proves negligence on the part of one or more parties. This could include photographs and videos, eyewitness accounts, police reports, event data recorder information, truck maintenance records, truck driver employment records, medical records and bills from doctor’s visits, and more. A personal injury attorney experienced in commercial truck accident cases can help you gather the necessary evidence and ensure it is not lost or destroyed before you can access it.
Damages You May Be Able to Recover
If your personal injury claim is successful, you may be able to recover both economic and non-economic damages. Economic damages cover financial losses such as medical expenses, lost wages due to missed work, funeral costs if the accident resulted in a fatal injury, and other tangible costs. Non-economic damages cover intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. Your attorney can help you determine what types and amounts of compensation may be available to you after a truck accident caused by fallen cargo.
Contact our Harris County Truck Crash Injury Lawyer
Truck cargo that falls out of a truck can create an extremely dangerous hazard on the road. If you were injured or your loved one was killed in a crash involving fallen truck cargo, you may be able to take legal action against the at-fault party. Monetary damages for pain and suffering, lost income, property damage, and medical expenses may be available.
The Houston personal injury attorneys at the Law Office of Shane R. Kadlec are highly experienced in car accident and truck accident cases. Our skilled team can gather and preserve evidence, represent you during settlement negotiations, and ensure that you are not tricked into an inadequate settlement. Our goal is to maximize the compensation you receive and hold the at-fault party responsible for the harm they caused you and your family. Call (218) 585 – 1557 for a free initial consultation.
Source:
https://www.txcourts.gov/media/1446498/trcp-all-updated-with-amendments-effective-may-1-2020.pdf
Strict Liability in Texas Defective Product Lawsuits
Thousands of people suffer personal injuries every year because of defective products. In many cases, their quality of life is drastically impacted as a result. Many people who are injured suffer tremendous pain, are left unable to work, and may feel overwhelmed by the medical bills that are now pouring in.
Under such desperate circumstances, many injured parties decide to pursue legal action. A large percentage of product liability lawsuits are initiated based on the theory of negligence, but they can also be brought under the theory of strict liability in certain situations.
How Do Strict Liability Lawsuits Work?
Negligence refers to carelessness or irresponsibility that results in injury or death. Many product liability claims are founded upon an allegation of the defendant’s negligence. For example, a product manufacturer may act negligently by failing to conduct adequate quality assurance. Strict liability, on the other hand, lawsuits do not require a showing of negligence.
To win a strict liability action, the plaintiff must only demonstrate that:
- The product was in some way unreasonably dangerous or unsafe when it was designed, manufactured, or sold.
- The seller had no intention to change the product before it reached consumers.
- The defective product injured the plaintiff.
Without strict liability as an option, many defective product lawsuits would not be possible. Plaintiffs would have the difficult task of demonstrating that negligence occurred at some specific point during the design, manufacturing, or distribution of the product.
Using Strict Liability Is Not an Automatic Win
Even though strict liability claims are easier to prove than negligence claims, they can still be successfully defended against by the parties being sued. Defendants often try to argue that the plaintiff tampered with the product or used it in a way that was not intended. Additionally, if the plaintiff continued to use the product even after learning of the defect, the defendant may limit their liability.
When we purchase a product, we expect it to work as described in a safe and effective matter. When a person is injured by a defective product, this trust is violated. Recovering compensation for serious injuries caused by a defective product is often an uphill battle. However, it is important to remember that the law is on your side. With the help of an experienced personal injury lawyer, you can file an injury claim against those responsible for your injuries.
Contact a Harris County Personal Injury Lawyer
Attorney Shane Kadlec is a Board-Certified Personal Injury Trial Attorney by the Texas Board of Legal Specialization. He and the rest of the team at the Law Office of Shane R. Kadlec have committed their careers to holding defendants accountable for their actions and securing full compensation for their clients in the process. Call (218) 585 – 1557 for a free consultation with an experienced Houston product liability attorney today.
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More than 6 million auto accidents occur in the United States each year. In those crashes, over 3 million people are injured. Some injuries are minor, but others can have a significant impact on the life of the affected person. In fact, about 2 million people per year suffer permanent injuries in car crashes, and sadly, not all of these severely injured individuals will receive compensation. This is, in part, because far too many of them do not seek treatment until it is too late. If you experience an accident, it is important to know how to avoid the same troubling fate.
Losing someone you love in a head-on collision can be a traumatic and devastating experience. While grieving, it may seem impossible to consider taking legal action. But if the accident was caused by another person’s negligence or recklessness, filing a wrongful death claim could provide some closure and help your family receive financial compensation for damages like lost financial support. Here is what you need to know about taking legal action after a loved one dies in a head-on collision.
Identifying Negligence or Recklessness That Led to the Accident
In order for any successful wrongful death claim, there must be evidence that another individual or party was negligent or reckless in their actions and directly responsible for causing the accident that resulted in the victim’s death. This means gathering physical evidence from the accident site (such as photos or video footage) as well as witness statements and police reports detailing how exactly the crash happened. The more evidence that can be provided, the stronger your case will be when it comes time to present it in court. Fortunately, you will not need to do this yourself. Work with an attorney experienced in wrongful death cases who can gather and preserve evidence to use during your claim.
Establishing Damages with an Experienced Personal Injury Attorney
An experienced lawyer will be able to accurately assess all economic and non-economic damages sustained by both yourself and other family members due to their loss—and make sure each of these damages is adequately reflected in any settlement offer made by those at fault for causing the crash.
Damages in an Texas wrongful death claim may include:
- Loss of financial support the deceased loved one provided to the family
- Loss of the deceased person’s work benefits
- Loss of parental instruction and guidance suffered by children
- Loss of consortium and loss of companionship
- Mental anguish, suffering, and grief
The statute of limitations is the amount of time you have to file a lawsuit after an incident occurs. In Texas, this period is two years from the date of the accident. It is important that you act quickly and begin building your case as soon as possible so that you don’t miss your window of opportunity for filing a lawsuit.
Contact our Houston Car Crash Injury Lawyer
If you lost a loved one in a head-on car accident, contact the Law Office of Shane R. Kadlec for help exploring your legal options. Call our Harris County wrongful death lawyer today at (218) 585 – 1557 for a no-obligation, free initial consultation.
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When we discuss possible injuries after car accidents, many of us tend to think of broken bones and other physical injuries that can heal with due time and rest. One of the costliest injuries a person can suffer is hearing or vision loss.
While injury claims for hearing or vision loss can certainly lead to some considerable payouts by insurance companies, people also need to understand that many insurers will aggressively try to limit what they have to pay in such cases. For this reason, any person dealing with hearing or vision loss issues following a car accident in Houston will want to be sure that they are working with an experienced car accident attorney.
Pedestrian Safety Tips in Houston
People can suffer vision or hearing loss in car crashes in many ways. Consumer Affairs reports that 17 percent of people exposed to deployed airbags can suffer from permanent hearing loss.
All of this is not to mention what happens to a person’s skull during a crash, as many types of collisions can involve a person’s head striking windows, dashboards, or other hard objects that can affect hearing or vision. Even some whiplash symptoms can affect hearing or vision.
In most car accident cases, people who suffer hearing or vision loss will be able to file claims with the insurance company for a negligent driver. The at-fault driver’s insurance company may cover all costs relating to treatment up to the limits of an insurance policy.
When a hearing or vision loss claim exceeds the limits of a negligent driver’s policy, then a person may have to file a personal injury lawsuit against the negligent driver to collect additional compensation. Certain cases may also involve additional third-party liability that allows for additional compensation.
People can be entitled to various forms of financial compensation to help cover the costs associated with their hearing or vision loss. Some of the possible damages in these cases could include both economic and non-economic damages.
Possible damages may include:
- Medical bills
- Lost wages
- Property damage
- Pain and suffering
- Emotional distress
- Mental anguish
Contact a Houston Personal Injury Lawyer for a Free Consultation
If you are dealing with loss of hearing or vision issues after an accident in Texas, you should not delay in seeking legal representation. A Harris County personal injury attorney at Law Office of Shane R. Kadlec will quickly be able to step in and help you with every aspect of your injury case so you will not have to worry about dealing with the insurance company.
Our firm knows how people need help in these cases and we make it a mission to help each client. Call 281-643-2000 or contact us online today to receive a free consultation.
Source:
https://www.consumeraffairs.com/news04/2007/02/airbags_hearing.html
Three Pedestrian Fatalities Hours Apart
KTRK-TV reported on December 11 that three different pedestrians were killed in Houston after three separate car accidents. One person was hit and killed by a vehicle on the inbound lanes of the Southwest Freeway at the 288 merger.
A woman died after being struck by a car near Westheimer Road, with the woman reportedly running out of gas on the eastbound side of Westheimer Road and trying to carry a gas can across through westbound lanes when she was hit by a vehicle. A pedestrian crossing Farm to Market (FM) 1960 East outside a crosswalk was struck by a Mitsubishi sedan, but all drivers mentioned here reportedly stayed at the scenes of the crashes and did not display any signs of intoxication.
Pedestrian Safety Tips in Houston
People who walk to and from destinations in the Houston area are right to worry about their own safety when they read stories like these, but the same people also need to be aware that pedestrians themselves can dictate their own safety. Everybody needs to practice good planning when they are planning to be pedestrians.
Some of the different things you should focus on when you are a pedestrian will include:
- Cross Streets Only at Intersections — Make no mistake that multiple stories here indicated that victims did not cross at crosswalks. This can be a mistake, especially at night, when motor vehicles cannot see pedestrians as easily. Always make sure that you are crossing streets only at designated crosswalks where pedestrian presence may be illuminated.
- Obey Traffic Signs — When a traffic sign says not to walk, that means do not walk. Do not try to second guess the signals, as crossing against directions often leads to a presumption that a pedestrian was at fault.
- Avoid Distractions — While many of us cannot put down our cell phone or other personal devices, we all must pay attention to what we are doing while walking. Distractions such as cell phones can lead to people walking into traffic and causing accidents.
- Always Use Sidewalks — Cities place sidewalks there for people to walk on and stay out of traffic, so make good use of these features. When a road does not have a sidewalk, you should try to walk on the left side of the road so you are facing oncoming traffic and they can clearly see you.
Contact a Houston Car Accident Lawyer for a Free Consultation
Did you suffer severe injuries or was your loved one killed in a pedestrian accident in the greater Houston area of Texas? You are going to want to be sure you are working with a Harris County car accident attorney at Law Office of Shane R. Kadlec so you can know that you will have the legal advocate you need to help recover compensation for your losses.
Our firm understands how stressful these types of claims can be for most people and we can work with you so you do not have to worry about anything. You can call 281-643-2000 or contact us online today to set up a free consultation.
Source:
https://abc13.com/pedestrian-killed-person-hit-by-vehicle-houston-traffic-weather/12558362/
Taking Legal Action After a Wrong-Way Crash
A woman died in Houston recently after she drove the wrong way and crashed head-on into another vehicle on Interstate 610 (I-610) North. A deputy with the Harris County Precinct 3 Constable’s Office saw the woman going the wrong way on Hardy Toll Road at about 2:30 a.m., but could not get her attention.
When the woman made it to I-610, she collided head-on with another man who was transported to a hospital in critical condition while the woman died at the scene. Investigators did not indicate whether the woman was under the influence of alcohol or drugs.
How Wrong-Way Crash Cases Work
According to the National Transportation Safety Board (NTSB), wrong-way crashes only account for 2 percent of all motor vehicle accidents but they account for 10 percent of traffic fatalities. Wrong-way crashes often occur because people are under the influence of alcohol or drugs, but other common reasons can include distracted driving, confusion with traffic signs, or entering highways from off-ramps.
A wrong-way collision often has the potential to cause severe injuries for all people involved in a crash, with many victims suffering injuries such as traumatic brain injuries (TBIs), spinal cord injuries, or paralysis. It can take people many years or entire lifetimes to fully recover from these types of injuries.
Individuals injured in wrong-way accidents may be entitled to financial compensation for damages. If you were hurt or a loved one was killed, you could recover economic damages for actual losses such as medical bills, lost wages,funeral expenses, and property damage as well as noneconomic damages for pain and suffering, emotional distress, or loss of consortium.
The insurance company representing a negligent driver in a wrong-way driving case will not have much of a defense against people trying to obtain payments for their injuries, but that does not mean insurers will not try to do everything they can to limit what they pay. You should avoid speaking to any insurance company for another driver until you have legal counsel.
Many insurance companies will quickly offer people lump sum settlements to try and close cases quickly, but you need to know that what you are being offered may not cover all of your damages. This is why it is important to work with an attorney who can advocate on your behalf.
Contact a Houston Car Accident Lawyer for a Free Consultation
If you suffered injuries or your loved one was killed in a wrong-way crash in the greater Houston area, you deserve answers about what you can recover. Make sure to work with a Harris County car accident attorney at Law Office of Shane R. Kadlec so you can give yourself the best chance of holding the negligent party accountable.
Our firm knows how frightening these experiences can be for people and we work closely with all of your clients to help them get through all of the most challenging times. Call 281-643-2000 or contact us online today to schedule a free consultation.
Sources:
https://abc13.com/wrong-way-crash-woman-killed-in-610-fatal-hardy-toll-road-driver/12496591/
https://www.ntsb.gov/safety/safety-studies/Documents/SIR1201.pdf
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