Houston Personal Injury Lawyer

You have a limited time to take legal action after an accident in Houston, Texas. The statute of limitations sets a deadline for filing personal injury claims.

In Texas, you generally have two years from the accident date to file a lawsuit against the responsible party. You may lose your right to seek compensation if you miss this deadline.

However, there are exceptions to this rule, and your case might have a different time limit.

Baumgartner Law Firm can help you understand and meet the deadlines for your case. Contact our legal team today to protect your rights.

Determining the worth of personal injury claims is a very difficult question for a personal injury attorney to answer without having all of the information available. The value of a personal injury claim depends upon how seriously you are injured, the liability facts of the case, and the insurance limits that may be available. Every case has three elements that an experienced personal injury attorney analyzes to determine what they feel the true value of a claim may be.

Those areas are 1. Liability 2. Damages 3. Insurance.

Determining the case’s value is something that is learned over many years of practice as an attorney handling claims. There is no set formula to determine the value of any injury claim. Based on our many years of experience with Texas personal injury cases, we may be able to estimate the range of the value of your case after we have reviewed all medical records and important evidence about fault for your accident. Texas Law uses a comparative negligence system that can reduce or eliminate compensation if you are partly at fault. Generally, some important case evaluation factors include:

• Your doctor’s testimony regarding your injuries;
• The facts surrounding the accident- responsibility for the accident;
• Disability or inability to work;
• Whether or not punitive damages may be appropriate and
• The type of case.

Other factors that may be relevant in determining the range of the value of a case include the amount of your medical expenses, the testimony from your doctors, and the claims history of the plaintiff.

To speak with a leading injury attorney, call (281) 587-1111 for a no-obligation consultation.

In Texas, you can seek compensation if hurt because of someone else’s carelessness. This compensation, called “damages,” can help cover financial losses and personal suffering. The intent is to help you recover and return to your state before the accident.

Economic Damages

Economic damages cover the financial costs that come directly from the accident. You can prove these expenses with bills, pay stubs, or other records. Here are the main types:

Medical Bills

These are the costs for emergency care, hospital stays, surgeries, rehabilitation, medications, and medical equipment. In Texas, you can claim the full amount for past and future medical care linked to the injury.

Future Medical Costs

You can ask for future medical costs if your injury requires long-term treatment. Future medical needs could include physical therapy, surgeries, and ongoing care. Experts may be needed to estimate these future expenses.

Lost Wages

If your injury stops you from working, you can claim lost wages. Lost earnings include the money you’ve lost in the past and any future income you’ll miss out on because of the injury.

Reduced Earning Ability

If your injury affects your ability to work in the future, you can claim compensation for that, too. For example, you can be compensated for this loss if you can’t return to your old job or need to work fewer hours.

Out-of-Pocket Expenses

You can also recover money for any out-of-pocket costs linked to the injury. These expenses might include transportation to doctor visits, rental cars, or other unexpected costs.

In-Home Care and Help

If you need help at home because of your injury, you can get money to pay for professional caregivers or any home adjustments needed to assist you with daily activities.

Property Damage

If your personal property, like a car, was damaged in the accident, you can recover the cost to fix or replace it.

Non-Economic Damages

Non-economic damages cover the emotional and personal impact of the injury, which can be harder to measure in dollars. These damages address the mental and emotional toll the injury has on your life.

Physical Pain and Suffering

Pain and suffering cover the physical pain you endure because of your injury. Factors like how bad the pain is, how long it lasts, and how it impacts your life are considered.

Mental Suffering

Mental suffering includes things like anxiety, depression, and emotional distress. If your injury causes mental struggles, like post-traumatic stress disorder, you can ask for compensation for that, too.

Disability

If your injury results in a permanent or long-term disability, you can be compensated for its impact on your life. Disability includes both physical and mental disabilities.

Disfigurement

Scaring or changes in appearance can have a huge impact on your life.

Emotional Distress

Emotional damages cover the emotional harm caused by the injury, like feelings of fear, shame, or humiliation. Even though it’s harder to prove, emotional distress can still be part of your claim.

Loss of Enjoyment of Life

If your injury affects your ability to enjoy life how you used to, you can get compensation. This could mean losing the ability to do everyday activities or hobbies you once enjoyed.

Punitive Damages

Punitive damages are not about compensating you for your losses. Instead, they’re meant to punish the person who caused your injury if their behavior was especially reckless or harmful. In Texas, these damages are awarded in cases where the responsible party acted with gross negligence or intentionally caused harm. For example, a drunk driver causing an accident might face punitive damages.

This is the first question that many people ask after being injured in an accident. Getting hurt is not enough to have a case. The personal injury case is much like a stool, it must have three strong legs to stand. In a personal injury context, those legs are liability, damages, and ability to pay. All three are necessary for a satisfactory civil result from an accident.

For liability, an easy approach is to ask “what did they do wrong“. If you can’t answer that question, you may not have a case.

For damages, ask “what are my injuries“. It is not enough that something bad might have happened.

On the ability to pay, ask, “What insurance coverage is available for this accident“?

Houston personal injury lawyers will determine if the personal injury law firm thinks the case is a viable one. Some personal injury lawsuits such as product liability are very expensive to win. In that event, the damages (and potential payday for the law firm) must justify the time and money commitment to take the Houston personal injury case.

If you have questions about a Houston personal injury case, we invite you to take advantage of our free consultation by calling (281) 587-1111 or emailing us!

Most personal injury lawsuits in Houston, Texas, are based on negligence. Negligence is when someone gets hurt because another person failed to act with the proper care required.

Four main elements must be proven in a negligence claim:

• Duty– The defendant was legally responsible for acting with care toward the plaintiff.
• Breach- The defendant did not act reasonably under the circumstances.
• Causation- The defendant’s actions directly caused the plaintiff’s injuries.
• Damages- The plaintiff suffered identifiable harm, such as physical injuries or financial losses.

We must prove each one to win your case and get you compensation.

Proving negligence

While negligence seems straightforward — someone acted carelessly, and you got hurt — proving it can be challenging. Defendants and their insurance companies often fight personal injury claims aggressively and try to blame you for the accident.

Proving negligence is where an experienced Houston injury lawyer becomes essential. We will investigate your case and gather the evidence needed to prove negligence.

Evidence to help prove negligence may include:

– Photos from the accident scene

– Videos

– Witness statements and testimony

– Accident reports

– Testimony from your doctors and other expert witnesses

– Medical records

– Medical bills

– Financial statements

– Reconstructions of the accident

The experienced personal injury attorneys at Baumgartner Law Firm will use this evidence to show that the defendant owed you a duty of care, failed to act reasonably, and caused your injuries.

Our Houston personal injury lawyers operate on a contingency fee basis, which means there is never an upfront fee. Once our legal team accepts the case, the injury victim is asked to sign a retainer agreement hiring our Texas personal injury attorneys to pursue compensation. In that document, the injured party agrees to pay our Houston injury lawyers a percentage of whatever financial compensation is received.

Also, our Houston personal injury law firm earns no fee if the case does not result in a settlement or verdict. We fight to recover fair compensation for your injuries.

Call (281) 587-1111 to schedule a no-obligation consultation with one of our top-rated Houston personal injury lawyers about your case.

Under Texas law, individuals injured due to another party’s negligence are entitled to seek compensation for their losses. These compensatory damages are designed to restore the victim to their position before the accident, addressing both tangible financial losses and intangible personal suffering. Understanding the types of damages available and their implications is critical for maximizing recovery.

Economic Damages: Recovering Financial Losses

Economic damages aim to reimburse victims for the direct financial impact of an injury. These losses are quantifiable and supported by documentation such as bills, receipts, and employment records. Common types of economic damages include:

1. Medical Expenses
   • Covers past and future medical costs, including emergency care, hospital stays, surgeries, rehabilitation, and prescription medications.
2. Future Medical Costs
   • Addresses anticipated medical expenses for ongoing treatment, such as physical therapy, long-term care, or necessary medical equipment.
3. Lost Wages
   • Compensates for income lost during recovery due to an inability to work. Lost income includes hourly wages, salaries, and lost benefits.
4. Diminished Earning Capacity
   • If injuries limit your ability to work in the same capacity or the same profession, you can seek damages for the reduction in future earning potential.
5. Out-of-Pocket Expenses
   • Reimbursement for incidental costs related to the injury, such as transportation to medical appointments, childcare, or home modifications for accessibility.
6. In-Home Care and Related Services
   • Compensation for services such as home nursing care, personal assistance, or other support required during recovery.
7. Property Damage
   • Reimbursement for repairs or replacement of damaged personal property, such as vehicles or belongings, caused by the incident.

Non-Economic Damages: Addressing Personal Losses

Non-economic damages compensate for the personal and emotional toll of an injury. While these damages cannot be calculated with receipts, they are critical to ensuring justice. Examples include:

1. Physical Pain and Suffering
   • Compensation for the physical discomfort and chronic pain resulting from the injury.
2. Mental Anguish
   • Reimbursement for the psychological impact, such as anxiety, depression, or emotional trauma.
3. Post-Traumatic Stress Disorder (PTSD)
   • Damages for PTSD symptoms stemming from the incident may require therapy and long-term mental health care.
4. Disability
   • Compensation for temporary or permanent disabilities that impact mobility, independence, or quality of life.
5. Emotional Distress
   • Reimbursement for emotional hardships, such as grief, humiliation, or fear resulting from the injury.
6. Loss of Enjoyment of Life
   • Damages are caused by the inability to enjoy activities, hobbies, or other aspects of life that the victim valued before the injury.

Punitive Damages: Holding Negligent Parties Accountable

In exceptional cases, Texas law allows for punitive damages, also known as exemplary damages. Unlike compensatory damages, punitive damages are not intended to restore the victim but to punish egregious behavior and deter similar misconduct. The responsible party’s actions must involve gross negligence, fraud, or malice to qualify. These cases require compelling evidence and are typically reserved for severe circumstances, such as involving intoxicated drivers or willful safety violations.

Maximizing Your Personal Injury Compensation in Texas

Securing the full extent of damages available under Texas law often requires legal expertise and thorough documentation. From collecting medical records and financial statements to obtaining expert testimony for non-economic claims, building a strong case is essential to achieving the compensation you deserve. Working with our award-winning personal injury lawyer ensures your rights are protected, and every aspect of your loss is accurately valued and aggressively pursued. Call Baumgartner Law Firm for a free consultation with a preeminent rated personal injury lawyer in Houston.

Over 85% of all Houston personal injury cases settle at some point before a jury verdict. Most personal injury cases are settled because it is hard to guess what a jury will do. Many insurance companies prefer to limit the risk and settle the case.

In some instances, your case may not settle. We will take your case to trial if the insurance company does not offer a fair settlement. Our lead trial attorney, Greg Baumgartner, has been trusted by families in serious injury and wrongful death cases since 1985, and our results are incredible. Don’t settle for less- Call Baumgartner Law Firm for your free case evaluation. (281) 587-1111

For truck accident cases, special expertise is required to maximize compensation for personal injury or wrongful death claims. Professional truck drivers and trucking companies are subject to special rules and regulations that do not apply to everyday drivers.

Knowing these regulations is vital to building a strong case to maximize compensation. Our Houston truck accident lawyer has helped families after a serious injury or fatal truck accident since 1985, and we remain undefeated.

Put our 35+ years of experience in 18-wheeler truck accident litigation to work on your case. Our numerous multi-million dollar truck accident results speak volumes about how we can help with your case.

In Texas, only specific individuals are permitted to file a wrongful death claim. The Texas wrongful death statute designates who has the legal right to seek justice and compensation for the loss of a loved one due to negligence or intentional harm. Understanding these eligibility criteria is crucial for initiating a successful claim.

Eligible Parties to File a Wrongful Death Claim

The law restricts the right to file a wrongful death claim to certain close family members and, in some cases, representatives of the deceased’s estate. Eligible parties include:

1. The Surviving Spouse
   The legal spouse of the deceased, whether married by law or under a recognized common-law marriage, has the primary right to file a claim. If estranged, the status of the relationship may influence the claim.
2. Surviving Children
   Both minor and adult children of the deceased, including legally adopted children, have the right to file a claim. Biological and adopted children are treated equally under Texas law.
3. Surviving Parents
   Parents of the deceased, whether biological or adoptive, may also file a claim. In cases where the deceased is an adult, the involvement of surviving parents in the claim is often considered secondary to that of the spouse or children.
4. Executor or Administrator of the Estate
   If the immediate family does not initiate a wrongful death claim within three months of the death, the executor or administrator of the deceased’s estate may file on their behalf. However, this can only proceed with the approval of the beneficiaries unless explicitly authorized by the court.

Considerations for Multiple Claimants

When multiple eligible claimants file a wrongful death lawsuit, the court examines the relationship between each claimant and the deceased. Typically:

• The surviving spouse and children are prioritized and often awarded the largest share of any settlement or judgment.
• Parents of adult children may receive a smaller share unless they were financially or emotionally dependent on the deceased.
• When distributing compensation, the law also considers the nuances of estranged relationships, common-law marriages, or nontraditional family dynamics.

The Role of a Wrongful Death Lawyer

Navigating a wrongful death claim involves understanding complex legal statutes and procedures. A wrongful death attorney plays a vital role in:

• Determining eligibility and identifying all potential claimants.
• Gathering evidence to prove negligence or liability.
• Calculating damages, including loss of income, emotional suffering, and funeral expenses.
• Representing the family in negotiations or at trial.

Seeking Justice for Your Loved One

Filing a wrongful death claim in Texas is not only about securing financial compensation; it’s about holding those responsible accountable and seeking justice for the loss of a cherished life. Working with our Houston wrongful death lawyer ensures that eligible family members are represented by an award-winning attorney with over 35 years of experience and proven results.