Houston Personal Injury Attorney
If you or somebody you love has been injured due to the negligent actions of another, then you may be entitled to compensation for your losses. Injuries inhibit our ability to live and enjoy our everyday lives. If an injury is severe enough, it can keep one from the workforce and cut off one’s means of providing for one’s family. We know that compensation is essential, which is why we at Padilla & Rodriguez work tirelessly to make sure that our clients receive what they deserve. Contact our Houston personal injury attorneys for help with your case today.
Why Choose Padilla & Rodriguez, LLP For Your Case?
After sustaining a serious injury caused by another party, you need an experienced team by your side. Padilla & Rodriguez, LLP are ready to work on your behalf.
- We purposely limit the number of cases that our attorneys take. This ensures that we have the time and necessary resources to devote to each client.
- We have a reputation for success and have collected millions in compensation for our clients through favorable settlements and verdicts.
- We take Houston personal injury cases on a contingency fee basis, which means our clients will not pay any legal fees unless we successfully secure the compensation they deserve.
How Will An Attorney Help A Personal Injury Case?
Personal injury cases in Houston can be complicated and demanding. They often deal with aggressive insurance carriers and negligent parties with deep pockets and whole legal teams at their beck and call. Unfortunately, injury victims do not usually possess the resources to obtain compensation for their claim. This is why a personal injury lawyer, who is both trained and experienced in litigating in Houston, is a necessity.
By securing us as your attorneys, you are leveling the playing field against the negligent party. Padilla & Rodriguez, as Houston personal injury attorneys, have the resources to:
- Conduct a thorough investigation into your case and obtain all evidence necessary, including available video surveillance, photographic evidence, eyewitness statements, police reports, company memos and safety records, and more.
- Ensure that are treated and evaluated by trusted medical professionals who can properly assess the full extent of the injuries.
- Work with expert economic and financial specialists who can help calculate a client’s total losses.
- Negotiate with every party involved throughout the entire personal injury process to secure compensation.
How Do Personal Injury Cases Arise In Houston?
Personal injury cases can arise out of any number of situations. At Padilla & Rodriguez, LLP, we are well-practiced at handling and winning a wide array of personal injury cases, including:
- Car accidents. Vehicle accidents caused by negligent drivers are a frequent occurrence in and around the Houston area. Forms of negligence can include a failure to obey traffic laws, distracted driving behavior, alcohol-impaired driving, and more.
- Motorcycle accidents. Motorcyclists face more risks on the roadway than those inside traditional passenger vehicles. Unfortunately, passenger vehicle drivers often fail to give motorcyclists the respect and space they deserve on the roadway, which regularly leads to severe accidents.
- Bus accidents. METRO buses and short and long-distance transportation buses frequent the Houston area. Unfortunately, the negligent actions of bus drivers or bus agencies often lead to severe accidents.
- Bicycle accidents. Bicyclists face serious risks on the roadway due to both the careless actions of other drivers and poorly maintained roadways.
- Pedestrian accidents. Pedestrians have no protection against the force of vehicles slamming into them. Unfortunately, drivers often fail to watch for pedestrians and are engaged in behavior that leads to serious pedestrian accidents.
- Boat accidents. Boating accidents can lead to severe injuries, and they often occur due to the negligence of boat owners and operators. Commercial and private boat operators have a responsibility to ensure the safety of those on their vessels and could be held liable in the event an accident occurs.
- 18-wheeler accidents. Large semi-trucks can cause severe injuries in the event of an accident. Unfortunately, the negligence of truck drivers or trucking companies regularly leads to catastrophic truck accidents.
- Commercial vehicle accidents. Many of the vehicular accidents on Houston roads are due to commercial vehicles. Our team will work to ensure that any company is held liable for the actions of its employees.
- Defective product injuries. Defective products can it into our households or the workplace. These products may have a flawed design, received damaged during the manufacturing process, or been mislabeled. Whatever the cause, defective products can pose serious threats to their consumers.
- Workplace accidents. On-the-job injuries are not uncommon, and they can happen in anywhere. These injuries often occur because an employer fails to provide a safe working environment for their employee.
- Construction accidents. Construction workers are some of the most at-risk laborers in the workforce. It is not uncommon for construction workers to sustain severe on-the-job injuries. The fatality rate for construction workers is much higher than in other industries.
- Oil field incidents. Oilfield workers regularly operate in dangerous conditions. They work with heavy machinery and around hazardous substances each day. If an employer fails to take steps to provide proper training and equipment, workers can sustain tragic injuries.
- Offshore drilling accidents. Those who work offshore face unique risks. Unsafe working conditions, inadequate training, and insufficient safety equipment are common causes of offshore drilling injuries.
This is certainly not an all-inclusive list of the ways that personal injuries arise in Houston. If you do not see the exact cause of your injuries on this list, please call us so we can determine the best path forward for your case. We have experience in all types of personal injury cases, and we want to find a way to help you.
What Are The Most Common Injuries That People Sustain?
Various types of injuries can arise in personal injury cases. We regularly serve clients who have sustained the following:
- Spinal cord injuries
- Traumatic brain injuries
- Open head wounds
- Broken or dislocated bones
- Loss or damage of a bodily organ
- Internal bleeding
- Dismemberment or amputation
- Severe burn injuries
- Hearing and vision loss
We have extensive experience helping clients who have sustained catastrophic injuries that significantly alter a person’s ability to live a normal life.
Our team fully understands that injuries such as these can also cause tremendous emotional and psychological distress. It is not uncommon for victims of catastrophic injuries to have persistent feelings of anxiety, fear, anger, depression, and more. Many of our clients experience post-traumatic stress disorder (PTSD) because of their injuries. We believe that both traumatic physical and emotional injuries must be considered when determining fair compensation for victims.
How To Prove Liability In A Personal Injury Case
To win a personal injury case, the victim (plaintiff) will need to prove the at-fault party (defendant) was negligent. There are four elements of negligence involved in each personal injury case that your attorney will work to prove. This includes:
- Duty. The defendant owed a legal duty of care to the plaintiff. The duty of care will look different depending on the type of case. For example, a driver owes a duty of care to operate safely around pedestrians and bicyclists on or near the roadway. Companies owe a duty of care to consumers, meaning they must ensure that their products are safe before they sell them.
- Breach. The defendant breached their legal duty by acting or failing to act in a certain way. If a driver chooses to operate while impaired by alcohol, they are breaching their duty of care to act responsibly and safely around other drivers, bicyclists, and pedestrians.
- Causation. The breach of duty directly caused the plaintiff’s injuries. Following the example, simply driving intoxicated is not enough to hold someone liable in a personal injury case. However, if an impaired driver strikes a pedestrian on the sidewalk, it could be argued that their intoxication caused the incident.
- Damages. The plaintiff was harmed or injured because of the defendant’s breach of duty. This will be proven by showing that the plaintiff sustained injuries and incurred losses (medical bills, lost wages, pain and suffering, etc.).
While these elements may seem straightforward, they can become incredibly difficult to prove, especially if the defendant has an expert legal team of their own defending their case. In many cases, the defendant and their legal team will attempt to place some or all the blame for the incident on the plaintiff. At Padilla & Rodriguez, LLP, we will not let you take the blame. You can count on us to have your back throughout the entire case.
What Is The Time Limit To File A Personal Injury Claim In Houston?
Each state is responsible for setting time limits during which victims must file civil claims against negligent parties that caused them harm. These time limits are called the statutes of limitation. In Texas, the statute of limitations for personal injury claims is defined in the Texas Civil Practice & Remedies Code section 16.003. This law says that any civil action for personal injuries must be filed within two years from the date the injury occurs. If a personal injury victim fails to file a claim within this two-year time limit, they will likely lose any chance of recovering compensation for their losses.
There are various exceptions to the two-year rule. In cases where a person was under the age of 18 or “of unsound mind” when they were injured, the two-year clock will not start counting down unless the victim reaches the age of 18 or becomes mentally competent.
What Types Of Compensation Are Available In A Personal Injury Case?
There are various types of compensation that may be available to victims who file personal injury claims. In general, victims who are injured due to the negligence of another can expect to be awarded both economic and non-economic damages in a successful settlement or jury verdict.
These are also called “special damages” and refer to costs that a personal injury victim incurs that can be calculated by gathering bills, receipts, proof of income, etc. These damages can include the following:
- All medical expenses related to the injury
- Home health care costs
- Physical therapy
- Mobility devices (wheelchairs, walkers, scooters, etc.)
- Lost wages and benefits
- Other out-of-pocket expenses
These are also called “general damages” and refer to compensation a victim receives for the suffering that the injuries and the incident caused. These types of damages are harder to calculate because there are no bills or receipts to quantify how much suffering a personal injury victim endures. General damages can include the following:
- Pain and suffering damages
- Loss of personal enjoyment damages
- Mental anguish damages
These damages may be awarded in a personal injury case in which the at-fault party was found to be grossly negligent or acted with malicious intentions when causing another person harm. Punitive damages are not awarded in every personal injury case.
Contact A Houston Personal Injury Attorney Today
If you or somebody you care about has been injured due to another’s negligence, you should seek legal assistance as soon as possible. At Padilla & Rodriguez, LLP, we believe that every injured victim deserves experienced, driven legal representation to fight on their behalf. Contact us for a free consultation of your case by clicking here or calling (713) 574-4600.