The Woodlands Personal Injury Lawyer

Insurance Issues in Personal Injury Cases in The Woodlands, Texas

Texas, including The Woodlands, is a “fault” car insurance state. A fault state means an individual may file a lawsuit or a personal injury claim against an at-fault driver who was negligent in causing a wreck.

However, the injury lawsuit is not filed against the negligent person’s insurance company, even though they may cover the settlement or verdict.

As a result, injured individuals can sue for damages if they are hurt in a motorcycle accident or car crash if the at-fault party caused the damages or injuries.

Usually, this is covered by the driver’s insurance, which generally includes at least the minimum coverage in Texas of:

• $30,000 per injured person.
• $60,000 total for injuries per incident.
• $35,000 for property damage, like for a car repair.
• Some people may have liability coverage for more than the statutory minimum. Accidents with big trucks always involve commercial liability policies. Also, your auto policy may have the benefits of coverage for damages in addition to the driver at fault.

It’s also important to note that there is a deadline for filing a personal injury or property damage complaint in Texas. The general “statute of limitations” in Texas is two years. Always consult an experienced personal injury attorney as soon as possible after an injury accident. Never wait to talk with a Woodlands personal injury attorney.

Industrial & Workplace Accidents in The Woodlands, Texas

In The Woodlands, TX, many people are hurt on the job every year. Workplace accidents may involve falls from heights or unsafe working conditions. Injuries that result from workplace accidents can be severe and disabling at times. Depending on your injury, you may need to take time off work or even have a long-term disability, leaving you unable to earn an income.

Our experienced injury lawyers in The Woodlands, TX, are familiar with workplace accidents and can help you get workers’ compensation or insurance claims for the recovery.

It’s important to remember that you have certain rights for workplace accidents; if those rights are violated, you may sue the employer for damages.

Car Accident Causes in The Woodlands

If the other driver that caused your accident was doing any of the following, then it could constitute a liability that you could use to seek damages with a car accident attorney-

Drivers are responsible for operating their vehicles safely and ensuring they are in proper working condition. Failure to do so can make them liable for damages in court.

Negligence can include impairment from lack of sleep, alcohol, or other controlled substances, indicating fault in an accident. In cases of reckless behavior, such as drunk driving, punitive damages may also be pursued.

Type of Damages Personal Injury Lawyers Sue for in The Woodlands

In terms of personal injury damages, an experienced personal injury attorney can seek compensation in a personal injury lawsuit for:

• Emotional distress – the experience caused you a large amount of emotional stress or mental anguish due to the car accident. You can potentially add this category to a suit.
• Loss of Income – If a car accident caused you to lose income due to being unable to work now or projected out into the future. This is another potential type of damage you can pursue.
• Pain and Suffering – There can be many different types of damage due to a car accident. Some of it is pain & suffering you feel, both emotionally and physically, due to the fallout from an accident.
• Loss of Enjoyment – If you lose the ability to enjoy your life due to a personal injury, you can also pursue compensation in a personal injury case.
• Medical expenses – Any medical expenses incurred due to the car accident. This includes any emergency care, physical therapy, and rehabilitation bills that were caused by the car accident.
• Loss of Consortium – If a car accident caused your family or loved one to lose time with you due to a disability, then that can factor into a personal injury suit.
• Other Possibilities – Your body can be damaged in many ways, and so can your mind. Car accidents are a widespread way to develop a mental illness such as Post Traumatic Stress Disorder. This condition can be permanent and leave you unable to feel safe or fully control your thoughts.

What to Expect from the Personal Injury Lawsuit Process

The personal injury lawsuit process can be lengthy and complex, but a qualified Woodlands personal injury attorney can guide you through each step. Here’s what you can expect:

• Initial Consultation: You’ll meet with your lawyer to discuss your case and determine the best course of action.
• Investigation: Your lawyer will gather evidence and investigate the accident to build a strong case.
• Filing a Lawsuit: Your lawyer will file a lawsuit outlining the damages you seek.
• Discovery: Both parties will exchange information and evidence during the discovery phase.
• Settlement Negotiations: Your lawyer will negotiate with the opposing party to reach a settlement.
• Trial: If a settlement can’t be reached, your case will go to trial, where a judge or jury will decide the outcome.

Proving Negligence in a Personal Injury Lawsuit

To win a personal injury lawsuit, you must prove that the defendant was negligent and that their negligence caused your injuries. To establish negligence, you must show:

• Duty: The defendant had a duty to act with reasonable care.
• Breach: The defendant breached that duty by failing to act with reasonable care.
• Causation: The defendant’s breach of duty caused your injuries.
• Damages: You suffered damages as a result of the defendant’s negligence.

A skilled Woodlands personal injury lawyer can help you gather evidence and build a strong case to prove negligence. This may include collecting witness statements, obtaining medical records, and consulting with experts to establish the extent of your injuries and the impact on your life. Texas uses a comparative negligence system to award damages, making your choice of attorney vital to your case.

How Long Do I Have To File a Personal Injury Lawsuit in Texas?

In Texas, the statute of limitations for personal injury lawsuits is two years from the date of the accident. This means you have two years to file a lawsuit or settle your claim. If you fail to file a lawsuit within this timeframe, you may be barred from recovering damages. However, there may be exceptions to this rule, so it’s essential to consult with a Woodlands personal injury attorney to determine the best course of action for your case. An experienced attorney can help ensure that all necessary paperwork is filed promptly and that your rights are protected throughout the legal process.

Finding the Best The Woodlands, Personal Injury Lawyer

It’s essential to find personal injury attorneys in The Woodlands who understand Texas law and have vast experience in personal injury law. These attorneys provide exceptional legal representation and guidance through the legal process following an injury. That’s why it’s vital to talk with a successful firm like the auto accident attorneys at Baumgartner Law Firm so that your case will receive the best attention possible. Our experienced personal injury attorney has been helping people injured in The Woodlands, Conroe, and Spring, TX, since 1985.

Call us now for a FREE CASE CONSULTATION, and let us help you with your case.