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Life is way too short to be stuck waiting on insurance companies to pay you fairly
The tactics insurance companies use to avoid paying claims is terrible. Don’t waste another day.
You were meant for more.
We don’t just care about personal injury law.
We care about your recovery.
Don’t you hate having to wait for your insurance settlement?
We understand how difficult life can be after a serious accident. It can be even worse when the insurance company doesn’t cooperate. It doesn’t have to be this way. We have helped hundreds of people obtain maximum compensation. We want to help you.
We don’t just care about personal injury law.
We care about your recovery.
Don’t you hate having to wait for your insurance settlement?
We understand how difficult life can be after a serious accident. It can be even worse when the insurance company doesn’t cooperate. It doesn’t have to be this way. We have helped hundreds of people obtain maximum compensation. We want to help you.
3 Steps to Success
LIFE BACK ON TRACK
Hector Longoria is a dedicated personal injury attorney in Houston, TX and has successfully handled countless injury and accident cases throughout Texas, and has the experience you need to get the compensation you deserve. Contact us today for a free consultation. Let his experience work for you.
Longoria Law Firm
642 Heights Blvd.
Houston, TX 77007
Phone: (713) 929-3996
Fax: (713) 351-0327
Hours of Operation
Monday: 8AM – 8PM
Tuesday: 8AM – 8PM
Wednesday: 8AM – 8PM
Thursday: 8AM – 8PM
Friday: 8AM – 8PM
Saturday & Sunday – By Appointment Only
Personal Injury Attorney Houston, TX
Injuries and accidents are events that people cannot plan or prepare for. Nobody plans to get in a head-on collision on their way to work, and nobody plans to break their hip falling on a slippery substance at the grocery store. Life doesn’t prepare you for accidents and injuries. They happen suddenly and without warning, and can occur at any given moment, at any given place. These events can be life-altering from a heath standpoint, and a financial one as well. One sudden accident can result in a long hospital stay and may even prevent a person from ever returning to work again.
What to Know About Personal Injury
Although you may not be able to plan for an accident, you can take the necessary steps to prepare yourself for life after the accident by contacting an experienced personal injury attorney in Houston, TX as soon as possible. When you have suffered personal injuries from an accident, an experienced personal injury attorney in Houston, TX can protect you from financial ruin and ensure you get the maximum amount of compensation that you deserve.
Personal Injury law is a broad area of civil legal practice dedicated to obtaining compensation for those who suffered injuries due to another person or entity’s negligent or intentional act. Personal injuries may be physical and/or psychological, and can also involve damage to the personal property of the injured party. The goal of personal injury law is to make the injured party “whole” again through financial compensation from the at-fault party.
Common causes of personal injuries are car accidents, motorcycle accidents, trucking accidents, bus accidents, and boating accidents. They may even involve injuries to pedestrians and cyclists. They can arise out of premises liability as a result of a landowner or property maintenance company’s failure to safely maintain the property. Broken handrails, staircases, and damaged or slippery floors are common hazards. Personal injuries also occur as a result of defective products, on the job injuries, dog bites, assaults, as well as toxic exposure to molds, chemicals and other pollutants.
The list of those who may be at-fault for causing accidents and injuries is just as lengthy and varied as the causes of personal injuries themselves. The at-fault party can be an individual and/or an entity, or a combination thereof. Most personal injury cases involve at-fault parties with insurance policies that cover the negligent conduct of the insured. When you make an injury claim against the at-fault party, you are in effect making a claim against their insurance carrier who, with few exceptions, is contractually obligated to pay the damages on behalf of the at-fault party they insure. Insurance carriers have entire departments and divisions dedicated to defending the claims filed against them. Their claim handlers work full time defending claims with one major objective: to pay out as little money as possible. Claims reps are notorious for undervaluing cases and cajoling unrepresented parties into taking early settlements for a fraction of what they are truly worth.
Do Not Delay in Bringing the Claim
If you are injured in an accident due to the fault of another, you need an experienced and trusted personal injury attorney in Houston, TX to level the playing field for you. We have decades of experience ruthlessly fighting insurance companies to protect the rights of injured parties. We know all of the insurance companies’ tricks and we will force their hand to see that you are fully compensated for all of your injuries, damages, and losses.
In Texas, an injured party generally has a two-year window following their injuries to pursue their claim against the at-fault party. This timeframe is called a state of limitations. If the party does not pursue their case within that time period, their claim is permanently time-barred, meaning they can no longer pursue a recovery for their injuries. Notwithstanding the two-year statute of limitations, which applies in most cases, if the at-fault party is governmental entity such as a town, city, school district, or law enforcement agency, the statute of limitations is only six months. While these time periods may sound long, in legal time they are actually very short. An injured party should contact a personal injury attorney in Houston, TX to ensure that all of the relevant filing deadlines are timely met so as not to run afoul of any statutes of limitations.
An injured party should also pursue their case as soon as possible to ensure the preservation of valuable physical evidence and vital witness testimony. As time elapses, physical evidence has a way of disappearing. Video footage capturing the accident may get lost or erased, accident scenes can change over time and damaged property may get thrown away or tossed aside. Similarly, people’s memories often fade and witnesses’ memories can become hazy and forgetful about key facts that could be essential to the case. It is paramount that the injured party contact an personal injury attorney in Houston, TX immediately so that no critical case evidence is lost.
When you retain our services, we begin investigating your case that day. We conduct an extensive investigation of your accident to ensure that all necessary evidence is preserved and that nothing important is lost. We will immediately interview all relevant witnesses, law enforcement officers, and first responders who may have been present at the accident scene, and we often take recorded statements so that their testimony is preserved to benefit your case. We will immediately send letters of representation to the at-fault parties and their insurance carriers notifying them of your claim. This shields you from any future direct contact with them, as often times insurance representatives attempt to communicate with unrepresented parties in order to take advantage of them by denying their claim or paying out far less than what the claim is truly worth.
How a personal injury attorney in Houston, TX Can Help
When you retain us, we get right to work on gathering your medical records and bills and begin itemizing all of your relevant damages, as we continue to monitor your medical progress. Itemizing and accounting for all of an injured parties’ various categories of injuries and damages can be quite a tricky ordeal. It is best left up to an experienced personal injury attorney in Houston, TX who will be sure to account for all of the injured parties’ losses. When you are through with your medical treatment, we begin putting together a final itemization of all costs and expenses you incurred to date as a result of the accident. We also all anticipate future losses, such as the cost of future medical care and the amount of lost future earnings that may be at issue due to permanent injuries. Sometimes this may require the assistance of other professionals such as vocational experts, economists, and life care planners.
Texas law permits an injured party to recover both economic damages and noneconomic damages for their personal injuries. Economic damages include items such as past and future medical expenses, past lost wages, future lost wages for loss of earning capacity, loss of household services, property damage, and any other out-of-pocket expenses related to the accident. Noneconomic damages on the other hand consist of damages that cannot be monetarily quantified. They compensate an injured party for things such as past and future pain and suffering, permanent impairment or disability, past and present mental suffering, disfigurement and scarring, and loss of society for a spouse or parent. Our personal injury attorney in Houston, TX are sure to thoroughly cover each and all of these bases with you.
Following a thorough and complete itemization of all of your damages, we then approach the at-fault party’s representative or insurance carrier with a “demand” for settlement; and in the majority of situations we are able to resolve our clients’ cases without subjecting them to long-drawn-out litigation. However, when insurance carriers don’t pay up, we take the fight directly to them in the courtroom. We have years and years of courtroom experience and an excellent track record and reputation for fearlessly pushing cases all the way to trial in order to get clients all of the compensation they deserve.
Frequently Asked Questions
How Should I Choose a personal injury attorney in Houston, TX?
When clients who have been injured come in, they often want advice choosing an personal injury attorney in Houston, TX, and want to know why they should hire me. I explain to them, that we’re going to do our best to preserve the evidence. We’re good sending out the necessary letters, preserving the claim, trying to preserve the evidence and then filing the lawsuit. Ultimately, if we have to, we are willing to go try the case in front of the judge and the jury, to go seek the injuries that the client is entitled to.
What Steps Should I Take Following an Accident?
I know a lot of times, I don’t have the luxury of talking to clients before they’re involved in crashes, so I don’t get to educate them on the necessary steps following a truck accident. When I get clients in, I am looking for evidence that hopefully they have gather. The steps of gathering evidence include gathering evidence from the scene through photographs, getting eyewitness information, obtaining information from the vehicle’s black boxes or the 18-wheeler’s black boxes. It is important that we do those necessary steps to preserve the evidence that is available to us right then and there. If the case goes in front of a judge and jury, we need to have that evidence available to us to show the jury just what
How Do I File an Injury Claim?
When a client comes in and is interested in filing an injury claim, we want to immediately identify who the negligent party was, and who the defendant party was, so that we can put them on notice. Secondly, start preserving the evidence necessary to show the negligence that caused that accident. Once we have that, we decide whether we need to file a suit or just maintain the claim until we can identify, with greater specificity, the damages to make it.
What is the Biggest Injury Case Mistake?
I had a client come in the other day, and we evaluated his claim. While doing so, I saw the biggest case mistake someone can make. He tried to be tough and didn’t go get the medical care he needed immediately. Here he was, five weeks later without having seen a doctor, still having the same pain and now it’s even worse. Typically, what happens is the insurance companies provide zero value on a claim like that. The most important things I can tell folks is to immediately go see your healthcare provider after a serious injury. You should seek treatment so that you can identify the injuries that you have.
What is the Value of My Case?
Every client that I’ve had asks me what the value of their case is. The answer will vary because every case is independent, and every case is special. A lot of times, people will judge the value of a case purely on the medicals. However, there are other things that are called intangible damages – this is the mental anguish, physical impairment, and physical injuries that the person sustained. That too has value. Intangible damages are important because as you go through the litigation process, we place value on it and show, if necessary, a judge and jury the value of those damages. Because each case varies, it all depends on the severity of the crash and injuries.
How Long Does an Injury Claim Take?
Lawsuits and claims like these don’t resolve over night; they take time. I tell clients to be as patient as they possibly can be. The length of an injury claim may take anywhere from a year or longer. It all depends on the severity of the injuries and taking the time to make sure we truly understand the injuries that they suffered as a result of the accident. I ask them to do their very best in terms of treating the injuries and then also trying to get back to work. It is important that they are working with their employers on making accommodations to allow them to get back, so they can earn money.
Call Our personal injury attorney in Houston, TX Today
Accidents and injuries can strike without a moment’s notice. They can happen any time or any place and have the power to completely devastate a person’s health and financial well-being. While you may not be able to control when or how an accident happens, you can take steps to control how you recover. Hector Longoria is a strong, dedicated personal injury attorney in Houston, TX with knowledge, experience and a tiresome work ethic, who is here to help you.
If you or a loved one suffered personal injuries due to the fault of another, don’t let the insurance companies manipulate you. Call us today so that we can level the playing field and fight for you. There are no hidden costs or out-of-pocket expenses. We work on a contingency fee basis and only get paid when we win your case. Call us today for a free consultation.
Car Accident Lawyer Houston, TX
If you have been in a car accident, you will know the fear that follows a collision. There is so much to worry about after a crash and you may be wondering how you are going to manage it all. The injuries you sustain from this car accident can potentially follow you around lifelong and you want to make sure you are compensated for all these damages.
Minor fender benders and head-on collisions alike can have major consequences, as even the smallest car accident can injure a driver, a passenger, a pedestrian, or all three. If you were injured in an auto accident in the Harris County area, be sure to reach out to a Houston car accident lawyer as soon as possible to receive the legal representation you need.
Here at Longoria Law, we know how to protect you from the insurance companies and get you the compensation that is fair and just in accordance to the severity of your injuries. We provide strong and dedicated legal representation to the people of Houston. We won’t settle for low settlement offers from the insurance companies and neither should you.
First Steps After a Car Accident in Houston
Even if you have been lucky enough to never have been involved in a collision in Texas, it never hurts to be prepared for such a life-changing event. After all, as the dust settles following the crash, you do not necessarily have the wherewithal to call up a lawyer for guidance.
Whether or not you are responsible for the accident, you are not legally allowed to leave the scene until you have spoken to law enforcement and received permission to go. Your highest priority is to get yourself to safety as well as any other parties involved. Be aware of any hazards such as leaking gas, sudden fires, and oncoming traffic as you move to safety. If you believe you are seriously injured and cannot move because of it, your priority becomes seeking emergency medical treatment. Ask anyone nearby to call law enforcement and an ambulance on your behalf.
If you have not sustained serious and debilitating injuries, you should call 911 immediately in order to report the accident to the Police Department and request an ambulance if need be. Do not try to move anyone who has been seriously injured, and do not try to move yourself if you are in significant pain. If you do so, you run the risk of worsening an injury before an emergency medical professional can begin to treat it.
You can begin to take stock of the car accident even before the police and an ambulance have arrived. You are compelled by law, of course, to exchange information with all other parties involved in the car accident. You should be ready to provide your name, address, license plate number, and insurance information upon request. Take as many photos of the scene of the accident as you can and be sure to collect accounts from witnesses. Once you reach out to a car accident lawyer, you will need to use this information in any claims you make and lawsuits you file.
The Aftermath of a Car Accident
Some people are lucky and survive motor vehicle collusions with few to no injuries. However, it is best to prepare for the worst just in case it comes to pass. The most common injuries stemming from car accidents are those to the head and neck. When a car, motorcycle, or truck comes to an abrupt stop, drivers and passengers can easily strike their heads against steering wheels, dashboards, projectiles, and even windshields. Traumatic brain injuries often result, and while some may be temporary concussions, those who survive car accidents can still suffer lasting cognitive damage. Whiplash, the ligament and muscle damage that occurs in the neck when the head is jerked back and forth, is also common.
Other injuries that follow car accidents include trauma to the spinal cord, which can lead to permanent nerve damage; herniated disks, caused by displaced cartilage in the spinal column; tears in the anterior cruciate ligament (ACL); broken bones; and even collapsed lungs. All these injuries can be a burden to overcome, and it is important to document every last detail. This way, your Houston car accident attorney will be better able to help you receive necessary health insurance coverage.
Car Accident Statistics
Car accidents in the Lone Star State are on the rise, and drivers have to take extra precautions to ensure their safety. The Texas Department of Transportation reports that in 2016, a new car accident occurred in Texas every 57 seconds, and 3,773 drivers and passengers died—a more than five percent increase in the fatality rate from 2015. Throughout the state, 265,076 people (or about one percent of all Texans) sustained injuries in car accidents that year. Because one out of every one hundred people in Texas will endure an auto accident this year, having a trusted car accident attorney on call is an asset.
Car Accidents in Houston, Texas: A Local and Statewide Crisis
Houston is one of the hardest-hit cities in Texas by the national epidemic of automotive collisions, gaining notoriety for its sheer number of accidents. As car accident lawyers in the Houston metropolitan area can testify, the alarming frequency of crashes, pileups, and wrecks in Harris County has forced local auto insurance rates and medical costs to rapidly escalate. Houston drivers are more than twice as likely as the average American to be involved in a vehicle collision, and more than 200 car accidents happen in the Greater Houston area (including Sugar Land, Galveston, and The Woodlands) every single day.
There are several reasons behind this markedly high rate of collisions. Insufficient funding of the Houston Police Department allows fewer traffic control officers to monitor congestion and issue tickets to violators. Urban sprawl and a rapid population expansion means that drivers have to rely on smaller, less developed, and less safe roadways in order to avoid widespread gridlock. Greater Houston’s population growth has been so meteoric, in fact, that local infrastructure cannot keep up with the pace, and newcomers to Texas frequently speed down potholed roadways and through poorly designed intersections, elevating the possibility of a car accident at every turn. All these factors together spell out that Houston drivers put their lives at risk every morning when they commute to work.
When Should I Contact a Car Accident Attorney?
It may be tempting to think that a simple fender bender can result in a “no harm, no foul” situation, but the truth is that you will need the help of a Houston car accident lawyer with experience in Texas state law to advocate on your behalf. The last thing you will want is to become caught in a long legal battle over insurance coverage or responsibility for the accident. If you have recently experienced a motor vehicle collision, contact Houston car accident lawyer Hector Longoria for help in navigating the next steps.
Because of his extensive experience in these types of cases, Hector understands the physical, emotional, and financial burdens that come with an auto accident or injury. His goal is to help you and lessen the stress. Hector will deal with the insurance companies, adjusters, and defense lawyers to make sure your rights are being protected.
Frequently Asked Questions
Why Should I See an Attorney After a Car Accident?
Seeing an attorney after a car accident is so important. One of the primary reasons is, if it is a serious crash, you do not yet understand the full extent of your damages and injuries and how valuable they may be. It’s going to take time in talking with the medical providers, getting your objective and subjective diagnosis, to understand the full extent of your injuries. Once we know that, you then have to present those injuries, whether it be to the defense insurance companies or even to the defense lawyers if we have to file litigation. Then, they’re going to make an assessment and they’re going to judge your claim.
What you will not find surprising is the insurance companies and the defense lawyers, are not going to value your damages or your injuries. That’s where I come in to help them appreciate and understand that one, your damages and injuries are true, and they have value. If necessary, we will take your damages and injuries, and the case of why the defendant caused these damages and injuries, to a jury and to a judge and allow them to assess that. That’s important because a lawyer’s job is to make sure that the injuries and damages you sustained have value, and we present those values.
What is the Biggest Car Accident Case Mistake?
A client tried to be tough and didn’t go get the medical care he needed immediately. Here he was, five weeks later without having seen a doctor, still having the same pain and now it’s even worse. Typically, what happens is the insurance companies provide zero value on a claim like that. The most important thing to do is immediately go see your healthcare provider after a crash. You should seek treatment so that you can identify the injuries that you have.
What is the Value of My Auto Case?
A lot of times, people will judge the value of a case purely on the medicals. However, there are other things that are called intangible damages – this is the mental anguish, physical impairment, and physical injuries that the person sustained. That too has value. Intangible damages are important because as you go through the litigation process, we place value on it and show, if necessary, a judge and jury the value of those damages. Because each case varies, it all depends on the severity of the crash and injuries.
Why is PIP Insurance Important?
PIP insurance is short for personal injury protection. Not all people carry PIP insurance, but you need to check your insurance policy to see if there are certain provisions that are afforded to you (PIP is one of them) so that if you do get medical care after a crash, there is that amount of insurance that will pay to cover those medical expenses that you incurred as a result of the crash. These expenses typically cover up to $2,500 and sometimes even as much as $5,000.
How Long Does a Car Accident Claim Take?
Unfortunately, with severe damages, we are not just talking about the physical aspect or the pain you are in. These damages also impact your employment and ability to earn wages. It’s difficult because people are going to have to suffer the long-term consequences of those injuries, whether it be their job, their family or their own lives.
Lawsuits and claims like these don’t resolve over night; they take time. I tell clients to be as patient as they possibly can be. The length of a car accident claim may take anywhere from a year or longer. It all depends on the severity of the injuries and taking the time to make sure we truly understand the injuries that they suffered as a result of the crash. I ask them to do their very best in terms of treating the injuries and then also trying to get back to work. It is important that they are working with their employers on making accommodations to allow them to get back.
What are the Recoverable Injuries in a Car Accident?
There are the medical expenses that one incurs from being treated. Additionally, you have the physical pain and mental anguish that are allowed by Texas law to be recoverable. You also potentially have lost wages if the injury impacts your ability to work. It can also affect spouses, which is a loss of consortium claim. There are a lot of intangible damages, depending on the facts and circumstances, that a client may be able to recover in their case. It’s important that you sit down with an attorney and talk about all those. At our firm, we talk about the impact that the crash and the injuries has had on the client’s life in total, so that we can understand and make sure we get those claims and damages and assert those so that we can get full compensation for them.
What Should I Do if I’m Seriously Injured in a Car Accident?
You need to go see a primary care doctor or go to the emergency room if you feel as though the injuries that you sustained could be life-threatening. After that, it’s important that they do come see a lawyer. The insurance company that represents the defendant driver who caused this crash is not going to represent your interest, so it’s important that you get the proper legal advice. If you are seriously injured in a car crash, go get your medical care, or go to the emergency room, but then call my office.
Who Pays my Car Accident-Related Medical Bills?
If you have health insurance, your provider is intended to pay for these healthcare costs, so use your insurance. Not everybody has health insurance, so if you do go to the emergency room, that hospital is going to have a medical lien on any recovery in the future. Additionally, there are a lot of doctors who understand that the defendant and the defendant’s insurance company will pay these medical expenses sometime in the future, once the case is resolved.
A lot of these doctors, thankfully, will hold on to these bills and wait until the claim gets settled or resolved, and then they will wait to get compensated. It’s important that you do go seek that medical treatment that you believe is reasonable and necessary to care for your injuries. We will then make arrangements with those doctors on how that will get paid.
What Are the Auto Accident Claim Time Limits?
In Texas our auto accident claim time limits are different than other states. We have what’s called a two-year statute of limitations. That means you have two years from the date of the crash to bring a lawsuit in court against the defendant for the injuries they caused. It’s important that we start this process as soon as possible. It is important to make sure we preserve the evidence that the defendants have, which may disappear over time. That could hurt your case if it’s not there. Even though you may have a two-year statute of limitation, it’s important to bring the claim as soon as possible, or to at least begin gathering the evidence on your claim as soon as possible, to protect your rights and your interests.
Should I Be Talking to the At-Fault Driver’s Insurance Company?
The information you provide insurance companies is not going to be designed to protect your interest. Especially in the future if they deny the claim or they value your claim low so that you then have to go file a lawsuit. They’re going to try and use all the information you provided them against you. It’s important that you understand that, and that you get somebody who’s going to represent you against the insurance company and make sure that the information they get is in your best interest. The insurance companies and the defendants are not there to help or protect you. That’s why you need an attorney to help provide them that information.
What If the At-Fault Driver is Uninsured?
Clients are often scared that they won’ be compensated for the injuries sustained, both to their car and to their body because of an uninsured at-fault driver. Investigation is an essential element for each case. We have to dig a little bit deeper and try to see if that person does have insurance.
Some people carry full coverage, which means that they have uninsured and underinsured insurance on their car. If the defendant, in fact, did not have insurance, then the client themselves can cover those circumstance with their own insurance. Again, it’s important that we look at every case to try to find the insurance policy that will provide that coverage for the injuries that a client sustained.
Should I Accept the First Settlement Offer?
Typically, the amount of money that an insurance company initially offers a person who’s been injured is not worth taking. They don’t care about the value of your client. They just want to try to settle it quickly, fast and as cheap as possible, with no appreciation of the injuries you received or the damages you sustained in the past and in the future. It’s important that you get a lawyer to represent you because the insurance companies need to know that your injuries have value, and that you’re willing to prosecute that to make sure they appreciate it and compensate you fairly and justly. Therefore, the usual answer I give to client who ask if they should be accepting the first settlement offer, is no.
Motorcycle Accident Attorney Houston, TX
When you crash while riding a motorcycle, you can be seriously hurt. Without the protection of a metal frame around you, these injuries can be debilitating. If you are suffering from life-altering injuries, you may be feeling angry and worried about how you are going to manage things financially. It can be a difficult time. Getting treatment is your top priority, but if you are unable to work, these medical bills can be a huge stressor.
Here at Longoria Law, we provide strong and dedicated legal representation for people injured in motorcycle accidents. We are familiar with the uniqueness of these cases and know how to manage the stigma surrounding motorcycle crashes. Our personal injury attorney in Houston, TX has the experience needed to fight to get you the compensation you deserve.
Motorcycle Accident Statistics
Texas is a wonderful state for enjoying the open road on a motorcycle. But it’s also a dangerous place to ride. In 2016, there were almost 10,000 motorcycle accidents resulting in just under 500 motorcycle fatalities in the great state of Texas.
Motorcycle riders are at particular risk due to the lack of protection compared to those riding in a car or truck. Additionally, motorcycles are much smaller in size and therefore are easier for other drivers to miss. Consider how a typical motorcycle weighs less than 800 pounds, with most passenger cars weighing five times that. The laws of physics make it clear: when there is a collision between a motorcycle and car or truck, the motorcycle almost always loses. The consequences of this can be devastating for a motorcycle rider. Even a “minor” accident that should result in a fender bender between two cars with no injuries can result in permanent injuries like paralysis or even death for a motorcyclist.
Recovering from the Accident
If you ride a motorcycle in Houston or another part of Texas, this underscores the importance of staying safe on the road. But no matter how safe of a motorcycle rider you are, a motorcycle accident is still possible. Should you find yourself involved in one, you’re likely to have a lengthy medical recovery. This is bad enough by itself, but you’ll also have to deal with piling up medical bills and probably have to miss work until you’re healthy enough to leave the hospital. There’s nothing like financial pain and stress to worsen your physical injuries. And to make things even more difficult for you, you’re likely to deal with an insurance company that’s less than eager to fully compensate you for your injuries and property damage.
If you find yourself in a motorcycle accident, there’s a good chance you’ll need the legal services of a personal injury attorney in Houston, TX.
Common Motorcycle Accident Causes
Motorcycles have the advantage of increased mobility compared to passenger cars and trucks. But this also makes it easier for motorcycle riders to drive in a manner that puts them at increased risk of an accident. For example, it’s easier for a motorcycle to weave in and out of traffic. Other common motorcycle accident causes include:
- Head on collisions.
- Cars or trucks making left-hand turns.
- Lane splitting by the motorcycle.
- Collisions with fixed objects.
- Road hazards, like dead animals, sticks, loose stone, breaks in pavement, uneven pavement and slippery road surfaces.
Motorcycle Safety Tips
Hector Longoria is a skilled and experienced personal injury attorney in Houston, TX and can help you get the legal compensation you’re entitled to should you get into an accident. But the best scenario for Texas motorcyclists is to avoid the motorcycle accident in the first place. You can reduce your risk by following the below safety tips:
- Always wear a helmet and other safety equipment, such as a jacket, gloves and protective pants.
- Take a motorcycle safety course.
- Always ride defensively and never assume another driver can see you.
- Ride with your headlight on.
- Ride in the left or right part of your lane. The center of a lane is more likely to have debris or liquids.
- Do not speed.
- Keep a safe distance between you and other vehicles.
- Make sure your motorcycle is in safe operating condition.
- Try to avoid being on the road during inclement weather.
- Only ride a bike you can properly handle.
- Make sure your bike has anti-lock brakes.
- Always be on the lookout for road hazards.
Do I Need to Wear a Helmet to Recover Damages in a Motorcycle Accident?
Not necessarily. Under Texas law, all riders who are less than 21 years of age must wear a helmet. Those who are 21 years of age and older may ride without a helmet, but only if they have either completed a motorcycle safety course or can provide proof of health insurance that will cover injuries sustained in a motorcycle accident.
That being said, whether or not you are wearing a helmet only becomes a factor if you suffer injuries that could have been avoided or reduced if you wore a helmet. If you were legally required to wear a helmet, but did not, then suffer head injuries, it will be very difficult to recover for your head injuries. But you should still be able to recover for other injuries and damages that weren’t related to whether or not you wore a helmet.
If you were not legally required to wear a helmet, chose not to wear one, then suffered head injuries in a motorcycle accident, you can still recover for your head injuries, but you’ll need to show that you would have still suffered head injuries even if you had worn your helmet. But assuming you can do this, any recovery you obtain for your head injuries is still likely to be lower than if you had been wearing a helmet.
Additional Challenges Facing Motorcyclists
Another issue injured motorcyclists face is the prejudice against them. In a jury trial, it’s more likely that a juror will have a personal bias against motorcycle rider than the average car or truck driver. This can be due to the fact that some people distrust or are wary of motorcycle riders. Even without this fear or bias, because riding a motorcycle is viewed as a high-risk choice, a juror is inclined to have less sympathy for someone injured in a motorcycle accident. The juror’s thought process may be that all of a motorcyclist’s injuries could have been avoided if they simply drove a regular car. It’s unfair, but it’s something that exists and must be dealt with in a jury trial.
Frequently Asked Questions
Why Should I Hire a Motorcycle Accident Attorney?
People involved in motorcycle crashes need to have an attorney represent them. The insurance companies and the defendants are not going to be looking out for their best interest. They need to have an experienced motorcycle accident attorney who’s going to help them make sure that they get compensated for all the injuries that they suffered.
Do I Have a Motorcycle Passenger Injury Claim?
There are some clients that are a passenger on a motorcycle who, when injured, will have a claim too. They would have a motorcycle passenger injury claim against the person who’s actually driving the motorcycle and against any other motorist who may have caused or contributed to that crash. Passengers also need to protect their rights and hire lawyers to protect them for their injuries.
Am I Entitled to Motorcycle Accident Compensation?
When a client is looking for motorcycle accident compensation, it is important that they know what they are entitled to. This would include medical expenses, pain and suffering, mental anguish, physical impairment, and lost wages – past and in the future. It’s important that you meet with a lawyer, so they can understand the full range of damages you’re seeking and make sure that they get sought.
What Are Common Motorcycle Accident Injuries?
There’s already a negative stigma with driving a motorcycle on roadway, so you’re going to need a lawyer who’s going to help you on making that claim and making that case. This can make all the difference in the world to make sure you get fair and just compensation for the damage and injuries caused by a negligent driver.
Is There a Difference Between Motorcycle and Car Accidents?
A big difference that we see in the jury with motorcycle accidents is that they tend to blame the vehicle for the crash. Motorcycles are construed as dangerous. It’s important that in advocating on behalf of the injured client who was on a motorcycle, to make sure we get evidence and that it’s going to help them in their case. We need to make sure, also, that we identify the evidence that shows that our motorcyclist was not at fault for violating any driving safety rules that caused this crash.
Should I Be Speaking to the Insurance Company Following a Motorcycle Accident?
One of my biggest fears when I talk to any client is that they have already been speaking to the insurance company following a motorcycle accident. I always advise my clients not to speak to the insurance companies if they haven’t already. They are professionals whose job is to try and get information against you and on behalf of their defendant negligent driver. Therefore, you need to have that same professional on your side to help you with the insurance company. Don’t talk to them and go get yourself a lawyer.
Do I Have a Claim for a Motorcycle Forced Off the Road?
It’s quite often that you see a vehicle running other vehicle off the road, and it’s worse when it’s a motorcycle forced off road because the damages can be much greater.
It’s important that you bring that claim forward because the negligent driver was violating driving safety rules and caused your motorcycle to go off the road resulting in injuries. You have a claim for those damages and should seek legal counsel.
Bus Accident Lawyer Houston, TX
If you are involved in a collision, whether you are the passenger of the bus or the bus collides with your car, you know how scary it can be. Your injuries could prevent you from working, providing for your family, and being able to carry on with daily activities. You deserve compensation that is fair and just in accordance to the severity of your injuries.
Bus accidents can be life-changing, scarring events, and you should not have to suffer the effects of tragedies like these. Experienced Houston bus accident lawyer Hector Longoria has provided reliable legal representation to people throughout the Houston metro area who have endured the trauma of these distressing incidents and fought for the compensation that they deserved. When you are ready to begin your case, our team will support you at every step of your personal injury lawsuit.
Hector Longoria knows how to protect you from the insurance companies. He provides strong and dedicated legal representation to clients involved in bus accidents. At Longoria Law, we do not settle for low settlement offers from the insurance companies and neither should you.
Rising Popularity of Buses in Houston
With gas prices and traffic jams on the rise, many residents of Houston are turning to public transit in order to take the headache out of their commute, get to school on time, and travel to all corners of Texas on vacation. Houston’s buses have emerged as a popular and versatile transportation option. They may ferry a few hundred riders to the urban core during rush hour, or they may make overnight trips to faraway cities like Amarillo and El Paso, but the fact is that buses remain a cost-effective means of travel.
No vehicle is accident-proof, unfortunately, and buses are no exception. Though bus accidents are considerably less common than accidents involving passenger cars, sports utility vehicles, and pickup trucks, they still happen several thousand times each year in the state of Texas. The consequences of these accidents can be dire. If you were the driver of a private vehicle or a bus passenger who was injured in a recent bus accident, once you have received medical care, you should consider reaching out to a personal injury attorney for legal guidance and representation as soon as you are able. Unlike car accident cases, all bus accidents include several parties that may be responsible, and our team of attorneys has years of experience helping accident survivors contend with their medical and legal needs.
Bus Accident Statistics
The Greater Houston metro area is home to dozens of bus routes, all managed by the Metropolitan Transit Authority of Harris County (METRO). With METRO Rail still in the process of expanding its routes, METRO Bus is the go-to mode of public transit for most commuters across Houston and its suburbs. In addition, Houston’s many school districts rely heavily on familiar yellow buses to carry students from pre-school to high school across the city to their schools five days per week. Residents of Greater Houston, regardless of age, count on local bus services for speedy and safe transportation, and bus-related accidents in the metro area make up a small fraction of all vehicle accidents each year.
Just because bus accidents in Greater Houston can be far rarer than most other vehicular collisions are, it does not mean that this type of accident is unprecedented. In 2016, throughout the state of Texas, there were almost 3000 bus crashes, 18 of which were fatal for at least one passenger. School bus crashes were less common, but Texas was still home to over 1300 such accidents, six of which resulted in death. These statistics cannot hold a candle to the hundreds of thousands of car and truck accidents in the state each year, but bus accidents can still prove to be major, life-threatening disasters. Whether the vehicle involved in the accident was a school bus, a commuter shuttle, or an interstate motor coach, prompt legal action is necessary in order for survivors to receive compensation.
At-Fault Party in a Bus Accident
It is highly unusual for a passenger or a pedestrian to be at fault in a bus accident. Far more often than not, the blame lies with the bus driver, the driver of the other vehicle involved in the crash, the company that owns the bus, the bus’s manufacturer, or even the school district that manages the bus route. Much like truck-related accidents, bus accidents can happen when drivers do not check their blind spots and do not see nearby cars and other vehicles. Bus drivers may neglect to do this if they are in the middle of a long shift. Inclement weather may play a role in reducing visibility. Distracted driving is also a common culprit; carrying on a conversation and exchanging text messages both increase the likelihood of an accident. If your attorney can prove that the bus driver was overworked, unable to deal with adverse weather conditions, or simply not paying proper attention, you may very well be entitled to damages in your lawsuit.
Alternatively, the driver of one of the other vehicles in the accident may be at fault, and an attorney would approach this type of collision differently. Passenger vehicle drivers who do not respect the rules of the road can contribute to the risk of an accident. Cutting in front of a bus, refusing to stop when a bus is making a turn, and inadvertently hiding in the bus driver’s blind spots are all patently unsafe actions, and even the most experienced of bus drivers may find it impossible to come to a stop under these circumstances. Because the bus driver may not be considered at fault in examples such as these, your attorney may consider pursuing the driver of the other vehicle in your case.
Sometimes, there is no driver at fault, and the root of the accident goes far deeper. If there is a mechanical failure immediately before the accident, the manufacturer could be sued for producing and selling an unsafe vehicle. The blame may lie instead with the private company that hired the driver and commissioned the bus for failing to provide appropriate training and maintenance. If a bus’s tire suddenly bursts or the brakes cut out, the manufacturer or private company—or both—could be to blame.
After the Crash: Hiring a Bus Accident Attorney
In the aftermath of a bus accident, your personal injury attorney will benefit from any information that you can provide about the accident itself, the bus, the driver, your injuries, and all other elements pertaining to the event. Your attorney’s role does not end there; the next step would be to prove liability in the accident, and this is the most critical part of every bus accident case. You can help your attorney by offering the contact information of any witnesses to the accident. One of our personal injury attorneys would likely hire an expert to inspect the bus and all other vehicles involved in the accident, and the bus’s maintenance logs could merit an in-depth review. All this evidence together can strengthen the case and influence a ruling in favor of the injured parties.
Frequently Asked Questions
Why Should I Hire a Bus Accident Attorney?
When clients who have been injured in a bus accident come in, they often want advice choosing a bus accident attorney, and want to know why they should hire me. I explain to them, that we’re going to do our best to preserve the evidence. We’re good sending out the necessary letters, preserving the claim, trying to preserve the evidence and then filing the lawsuit. Ultimately, if we have to, we are willing to go try the case in front of the judge and the jury, to go seek the injuries that the client is entitled to.
What Are the Common Bus Injuries?
It’s important, like with all cases, that clients go to seek the best medical care they can get, to understand the full range of injuries that they have. What we generally see in common bus injuries are a full range of damages that people can suffer as a result of all the motion and trauma that’s caused by the sudden crash. Common bus injuries include cervical injuries, lumbar injuries, shoulder injuries, knee injuries, etc. These occur because of they have been violently thrown around, twisted, and turned as a result of the crash.
What Should I Do If I’m Injured in a Crash with a Bus?
Municipalities, such as cities or counties, have special notices that they must receive in order to maintain a claim when their buses are involved in crashes.
If you don’t send it in within the required time period, you could lose the right to go after them. The first thing I would tell people injured in a crash with a bus is to meet with an attorney, so they can protect your rights and identify who that bus carrier is.
How Do I File a Bus Injury Claim?
We want to immediately identify who the defendant driver was, and who the defendant owner of the bus was, so that we can put them on notice. Secondly, start preserving the evidence necessary to show the negligence that caused that crash. Once we have that, we decide whether we need to file a suit or just maintain the claim until we can identify, with greater specificity, the damages to make it.
Who Are the Liable Parties in Bus Accident Claim?
When a client is involved in a crash as a passenger on a bus, we always look towards the chauffeur and the bus company. We want to look at whether the chauffeur should have been hired, and whether or not there were policies and procedures in place to have protected the passenger from a negligent chauffeur driver of the bus. We thoroughly look in to the possible liable parties in a bus accident claim to find out who is responsible for our client’s injuries.
What Are the Differences Between Bus and Auto Accident Injuries?
Often, clients come in after a bus accident and want to start a claim. There are some differences between bus and auto accident injuries when it comes to liability. This is for a number of reasons. First, the chauffeur of the bus has certain guidelines and regulations that they must follow. Second, because they are professional drivers, they and their bus company are held to standards that can regulate the amount of sleep that the driver gets. There are many different things that come into play when a crash happens. We know that a driving safety rule has been violated.
Are There Time Limits to File a Bus Accident Claim?
If a client comes in and they’re involved in a bus crash, we want to look at whether a municipality was involved. A municipality can include the city, the county, the state, or some other private bus company. Making the claim immediately is important for two reasons. One, to preserve people’s right if it involves a government entity. Or two, preserving the evidence that the other party may have. We want to get involved as early as possible so that we can do the things necessary to protect the client’s interest.
Construction Accident Attorney Houston, TX
Working in construction is an extremely dangerous profession. When injuries happen, they can be devastatingly life-altering. There are certain measures that exist to protect these workers and if something fails, it can result in injury. Being injured in a construction accident can lead to loss of enjoyment in life.
These injuries can affect you lifelong and have a serious impact on your physical, emotional, and financial wellbeing. At Longoria Law, we provide strong and dedicated legal representation. Houston construction accident lawyer Hector Longoria has the experience to get you the compensation that you deserve. We won’t settle for low settlement offers from the insurance companies and neither should you.
Construction Accident Injuries
Texas is on the verge of an economic and population boom, and construction in the state is greater than ever before. Greater Houston’s construction workers play a priceless role in helping Houston and its suburbs grow to meet demand. Whether it is repaving well-traveled roads, building immense high rises in the downtown core of the city, or putting up housing for new arrivals in the state, Houston’s construction workers turn plans for the metro area into reality. With thousands of people from other states and countries migrating to Houston each year, the need for construction in the city will remain on the rise for much of the twenty-first century.
Despite the valuable work that construction workers do every day, their jobs carry with them a high chance of injury. Construction workers in the Houston area are at a particularly elevated risk; the Occupational Safety and Health Administration (OSHA) found in 2014 that Greater Houston had the greatest number of deaths on the job in the United States, with 20 fatalities occurring that year. Texas has been home to over 100 construction worker fatalities, the most of any state, in recent years, and workers in the state owe it to themselves to be prepared for accidents. Our team of Houston Personal Injury Attorneys have collectively worked for decades to help people injured on construction sites in Houston, and we pledge to fight for you to receive the compensation that you deserve.
Causes of Construction Accidents
Houston’s workplace-related fatality rate was several times those of Austin, Dallas, and San Antonio, and the Houston metro area even outranked Chicago, Los Angeles, and New York City in terms of construction-related mishaps and injuries. Though Texas’s construction injury rate has steadily been declining, the state still has a long way to go in improving safety conditions on construction sites.
OSHA reports that the most common cause of injuries and fatalities on construction sites is falling. Tripping over exposed wires, slipping on water, and tumbling from great heights constituted almost 40 percent of construction worker deaths in 2016. If leaks are not stopped in time, railings are not adequately supported, or scaffolding is not secure, the chance of slipping, tripping, and falling is all too high.
Other frequent reasons behind construction-related fatalities are transportation accidents, exposure to unsafe objects, and contact with dangerous materials. Crashes between two motor vehicles, collisions between a vehicle and a stationary object, and overturned vehicles together accounted for one quarter of injuries and deaths among construction workers and pedestrians alike. One in six workers suffered injuries due to falling objects and becoming trapped in collapsing buildings and structures, and factors such as electrocution, overdoses, and heat contributed to another 15 percent of deaths.
Many of these fatalities and injuries stem from violations of workplace safety standards. Inadequate scaffolding, poor communication, insufficient protections against respiratory threats, and issues with wiring are all unacceptable hazards. Construction workers and pedestrians whose injuries stem from any of these safety violations may have legal recourse, so consulting a personal injury attorney in Houston, TX will only help them recover from their accidents.
Seeking Representation from a personal injury attorney in Houston, TX
Because of the uniquely high rate of construction accident-related injuries in the Houston metropolitan area, local personal injury law firms are well-versed in representing clients whose injuries resulted from negligence. Construction workers may be hesitant at first to reach out to personal injury attorneys because of matters like cost, other priorities, or fear over losing their jobs. Pedestrians who were injured on construction sites can blame themselves for their injuries, brushing off major ailments as resulting from their own doing, and may believe that a personal injury attorney in Houston, TX would never want to hear their case. The truth is that there is no harm in seeking help, and attorneys with substantial backgrounds in personal injury law will work hard to advocate for their clients.
Before an initial consultation with a personal injury attorney in Houston, TX, it is of paramount importance to be prepared, to provide a wealth of documentation, and to be ready to move quickly with legal proceedings. Once you have been injured, as soon as you receive appropriate medical care, it is your time to begin taking action. Gather the contact information of any witnesses who either saw the accident or were present when medical personnel were called. Request and keep several copies of all your medical charts and relevant bills. Return to the scene of the accident as early as possible to take photos. You may not be able to speak to employees of the contractor responsible for the construction site, but if you create and maintain a sizable collection of documents, collecting statements from other employees at the scene of the accident will become a lesser concern. Do not take too long to gather all these documents, though, as prompt action is key.
When you have recovered from the worst of your ailments, you should make it a priority to seek the advice of a personal injury attorney in Houston, TX. Make sure that you show up to the consultation with as many documents as you can, as your personal injury attorney in Houston, TX will be able to identify what will and what will not help your case. Any detail may prove helpful; a photo of the construction site can show an unsafe condition, and a note from a doctor will demonstrate the full extent of your injuries. Remember that mental trauma is just as important as physical conditions are, and a diagnosis from a psychologist can underscore the severity of the accident’s effects.
Pursuing legal action after an injury on a construction site may feel intimidating, but you need to consider your health. If inadequate safety precautions led to your injuries, it is the contractor overseeing the construction site who is responsible, and you should not have to bear the physical, emotional, and financial costs of the accident. Dedicated Houston construction accident lawyer Hector Longoria has years of experience representing clients from the Greater Houston metro area in personal injury cases, and we vow to work tirelessly to get you the compensation that you deserve.
If you’ve been hurt in a construction accident, call Hector now to fight for you. Because of his extensive experience in these types of cases, Hector understands the physical, emotional and financial burdens that come with an auto accident or injury. His goal is to help you and lessen the stress. Hector will deal with the insurance companies, adjusters, and defense lawyers to make sure your rights are being protected.
Frequently Asked Questions
Why Should I Hire a personal injury attorney in Houston, TX?
It’s important to hire a personal injury attorney in Houston, TX because nobody else is going to protect that worker’s rights and try to help them get full recovery for the damage and injuries they sustained from that job site injury.
What Steps Do I Take Following a Construction Accident Injury?
The most important thing you can do first is to seek medical care and treatment for the injuries sustained. The second important thing you should do is come see me, so I could protect their rights for the injuries that they suffered. These are the necessary steps to take following a construction accident injury to have a better claim.
What Construction Accident Benefits Am I Entitled To?
The first thing that’s important is that there may be Workers’ Compensation. If there’s not Workers’ Compensation, then there are potentially other remedies available to them. If you are hoping to understand the construction accident benefits you can get, it is important that you come in and see me so that we can investigate all the potential remedies available to you for the injuries you sustained on the construction site.
How Long Does a Construction Accident Injury Claim Take?
It will take anywhere from 12 months to 2 years to have us identify all of their injuries, and then fully make sure that the insurance companies and the defendants compensate them justly and fairly for those injuries.
When Should I Advise Management of Construction Accident Injury?
You are making the right choice advising management of a construction accident injury and telling your boss you had been injured on the job site. Otherwise, nobody is going to believe that you were injured on that job site, and it’s important for that boss to then go investigate and identify what caused that injury.
Am I Eligible for Workers’ Compensation?
Workers’ Compensation is Texas law. Employers are required to have workers’ compensation for the injuries a worker has at a job site or job location, but that doesn’t mean that there are no other remedies that are available to the worker for the injuries they sustained. It’s important that they meet with a lawyer to try and determine not only whether there’s Workers’ Compensation, but other remedies that are afforded under Texas law.
What Do I Do If My Employer Doesn’t Carry Workers’ Compensation?
If you were injured on job site and your employer doesn’t care workers’ comp, Texas law allows that worker to potentially sue his employer for an unsafe work environment and other negligent actions.
Do I Have a Third-Party Construction Accident Claim?
You have a right to go after another contractor for causing work site injuries and it’s was important to bring that third-party construction accident claim forward.
Do I Have a Wrongful Death Construction Accident Claim?
I had a client come in and talk to me about her husband having died at a construction site. I explained to her that she has rights as a widow, and then also as the mother of the children, to bring claims against the people who were responsible for causing that death. It is also important that she begin that wrongful death construction accident claim immediately because it’s important to preserve the evidence of the events that caused that death.
Wrongful Death Lawyer Houston, TX
When a loved one passes, it can take a toll on you and your family. It’s hard to cope when you lose anyone. It can be especially difficult when this tragic loss is due to someone else’s negligence. When people lose a loved one after such things as an auto accident or construction accident, often times there is a family left behind. This wrongful death may leave a family unable to make ends meet and in desperate need of help.
Here at Longoria Law, we recognize the pain you and your family may be in and we respect the loss you are dealing with. We are here to deal with the legal process of getting the compensation that you deserve so you can take the time you need to grieve. personal injury attorney in Houston, TX Hector Longoria has the experience needed to fight for you.
Wrongful Death in Houston, TX
The death of a loved one due to the fault of another may be the most traumatic and horrible experiences anyone can potentially go through. And should this happen to you, all you’ll be thinking about is having your loved one back. But this won’t be possible. The most satisfying remedy you may have available is allowing the criminal court system to punish whoever was responsible for the loss of your loved one. But that’s assuming the person violated a criminal statute.
Basically, the only other thing you can do to obtain any sort of justice for your loss is to seek monetary compensation through the civil courts. One legal remedy available is the Texas wrongful death lawsuit. Reducing the death of a loved one to a dollar amount sounds coldhearted (and it is), but it’s essentially all the civil court system can provide.
Money serves as the court’s way of compensating you for your pain and some of the financial burdens you may face like funeral costs, medical bills and loss of future earnings. It can also be a way of punishing the person for causing the wrongful death. Due to the seriousness and complexity of these types of cases, it takes a Houston wrongful death attorney, such as Hector Longoria, to properly handle one and help you obtain the justice you deserve.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is exactly what it sounds like: a lawsuit due to the wrongful death of an individual. It’s a legal cause of action to provide compensation (and sometimes punishment) when a death is the result of someone else’s improper actions (or inaction in some cases).
Not all actions that cause the death of another will result in wrongful death liability. The actions must be the result of someone’s intentional, reckless, careless or negligent behavior. For example, imagine a car accident caused by a commercial truck driver. If the truck driver was drunk, speeding excessively or distracted because he was texting, then the truck driver is probably liable for wrongful death. But if the truck driver paid full attention to the road, obeyed the speed limit, followed all safety regulations and did everything he could avoid the accident, then it’s unlikely he has any wrongful death liability.
What Kind of Damages Are Available in a Wrongful Death Lawsuit?
In a Texas wrongful death case, there are two categories of monetary damages available for recovery. The first type is punitive damages. These are designed to punish those responsible for the death. These are only available when the person responsible acted willfully or the death was the result of his or her gross negligence.
The second is compensatory damages. As its name implies, these compensate the surviving victims in a wrongful death action. Common types of compensatory damages include:
- Loss of future earnings.
- Funeral expenses and medical bills.
- Loss of companionship.
- Emotional pain and suffering (sometimes referred to as mental anguish).
- Loss of inheritance.
- Loss of services (such as the support, care and advice the victim may have continued to receive if their loved one survived).
Who Can Bring a Wrongful Death Lawsuit?
Under Texas law, only the deceased’s children, spouse and parents can bring a wrongful death lawsuit. This means you can’t sue for wrongful death due to losing a sibling, uncle, aunt, niece, nephew, grandparent or grandchild. It doesn’t matter how close you were to one of these relatives when they died. You are still prevented from suing for wrongful death.
What About a Survival Action Lawsuit?
Wrongful death allows the parents, child or spouse to sue for the harm they have suffered as a result of the death of their loved one. In a survival action, the representative of the deceased sues for the harm the deceased’s suffered before he or she died. For example, in a survival action, a family member might sue on the deceased’s behalf for the pain and suffering they suffered the final few hours before they passed away.
Do I Need a personal injury attorney in Houston, TX to Sue for Wrongful Death?
Technically, you can bring a wrongful death lawsuit on your own, without an attorney. But this is not recommended for several reasons.
First, wrongful death cases usually involve a lot of money. This means the party responsible may fight very hard to prevent you from recovering anything in a wrongful death court case.
Second, there is a time limit on when you can bring a wrongful death action. The statute of limitations for wrongful death is two years. This means you must file your lawsuit within two years of the death of the deceased. But this is not an absolute deadline, so if you miss it, all may not be lost. However, it’s helpful to have an experienced wrongful death lawyer to help you effectively argue that one of the exceptions to the two-year deadline applies to your case.
Third, it helps to have an attorney deal with potential defenses from the responsible party. For example, what do you say when the responsible party argues that you can’t sue for wrongful death because the child you lost was adopted? Or maybe the responsible party admits his or her negligence cause the death of your loved one, but your damages should be reduced because your loved one was also partially responsible for causing his or her death. Handling these types of legal arguments is challenging even for a seasoned personal injury attorney in Houston, TX so it’s easy to see how handling these legal battles on your own is not the best idea.
Finally, in many wrongful death cases, it’s really the defendant’s insurance company who will actually write the check for any damage award that you might receive. And as you might imagine, often these insurance companies use delay tactics or take steps to prevent you from getting what you’re legally entitled to. Therefore, it’s nice to have a Houston wrongful death lawyer help you deal with these insurance companies.
Frequently Asked Questions
Why Should I Hire a personal injury attorney in Houston, TX?
First, we’re going to do a good job prosecuting the claim. That involves gathering the evidence and getting in front of the judge and jury. If necessary; we will be showing the responsible third-party what they did wrong to cause this incredible life-changing event in the family as well as the damage they caused to the deceased loved one and their families. We know that it’s important to the family, and it will be important to us too.
Who Can File a Wrongful Death Claim?
If he or she was married, it’s going to be the spouse. If they’re not married, then surviving children. If they don’t have children and they’re not married, then the parents. It’s important that the family comes to a lawyer together, as one unit, to figure that out and make sure that process is done properly.
How Do I File a Wrongful Death Claim?
When families come to our office after a loved one has died from the negligent act of a third-party, sometimes there’s not a surviving spouse who can take charge. Perhaps you have a bunch of children, siblings, and so on. It is important that the family come together as a unit. Identify the one person who’s going to be responsible for filing a wrongful death claim and bring the claim on behalf of everybody. That makes the process more efficient in selecting the lawyer and, together in terms of gathering the information necessary, to bring the lawsuit forward.
How Long Does a Wrongful Death Case Take?
Every case is special and unique. Facts and circumstances determine how each case will be prosecuted and the time it will take to get it to either a trial by judge and jury or resolve before then.
How is Wrongful Death Case Evidence Collected?
A lot of clients, after a very terrible event resulting in the loss of a loved one, have a very difficult time going to seek legal advice. I would recommend that they do it as soon as possible because the job of the personal injury attorney in Houston, TX is to, in helping that family, try to understand and hold that third-party who caused the death responsible. They’re also going to be preserving the wrongful death case evidence that can get lost if it’s not done immediately. That’s important because if you wait a long time, evidence and memories get lost and they disappear, and you don’t want that to happen. You want a lawyer to take charge of doing that and allow the family to then grieve while this evidence is being preserved. Lawsuits can be brought a little bit later, but we can still go preserve that evidence. Go get legal counsel soon after a very tragic event in the family.
What Wrongful Death Case Damages Can I Get?
The first element of damages is called wrongful death damages. Those are for the legal heirs such as the spouse or the children. It matters whether they’re adult children or minor children. We also have survival claims, and that’s regarding the loved one who passed away. Did he suffer as a result of the injuries from the negligent acts that caused his death? Those are also damages that are going to be brought. Again, it’s important to meet with a lawyer to go over those to make sure that they are all properly brought in the lawsuit.
What is the Wrongful Death Case Process?
The first thing we identify is who’s going to act as the administrator of the estate of the loved one to bring the claim for wrongful death. We work with the family to identify that person and make sure they qualify, and then we bring that claim on their behalf. Just like all lawsuits, we’re gathering the evidence and going forward as though we’re going to try this case before a judge and a jury.
Do I Have a Wrongful Death Claim?
One of the first claims you have is what’s called a wrongful death claim, which includes lost wages that they would have provided had that loved one lived. Another claim is the survival claim, which is regarding the deceased’s loved one. and the pain and the suffering that they had leading up to their death. There are multiple components that any family should consider when a loved one dies by the negligent act of a third party, and that’s why they need to meet with a lawyer to go over those.
How Much Does a Wrongful Death Claim Cost?
Litigation can be expensive. Each case is special and unique on how it costs or to determine which experts, if any, are going to be hired to bring the claim. It’s important to meet with a lawyer to have them go over what those costs may be and why they should be made in the case.