Texas Personal Injury Law
What Is Personal Injury Law?
Personal injury law is the body of law that allows an injured person to recover when his/her injury was suffered due to the negligent actions or omissions of another person or corporation. Texas personal injury laws and statutes are under jurisdiction of the Civil Practice and Remedies Code. Personal injury cases start from someone getting hurt in a car accident or when someone slips and falls, for example. Litigation for personal injury lawsuits begins with a tort claim, which can be made in a small claims court or filed in one of the Civil Trial Courts of Texas. We highly recommend hiring an experienced personal injury trial lawyer if you are considering your legal options after getting hurt.
Personal injury (PI) law in Texas aims to hold someone responsible for negligence. PI law stems from the basic principle that every person has a “duty” to conduct themselves in a way that does not cause injury to other people. By failing to act in a way that would prevent someone’s injury or not taking action to prevent someone from harm, a person is negligent and has breached their duty of care.
What is Negligence?
“Negligence” is the failure to exercise reasonable care, and in terms of personal injury claims, a person or entity that is proven negligent will likely be responsible for compensating the victim injured.
What Does Reasonable Care Mean?
“Reasonable care” is that degree of care that an ordinary prudent person would exercise under the same or similar circumstances. In a PI case, a person can usually be found negligent if they fail their duty to provide reasonable care, ultimately leading to a person’s injury.
What is Proximate Cause?
“Proximate cause” means a cause that was a substantial factor in bringing about an event, and without which cause such event would not have occurred. Basically it means that if this thing had not happened, the rest of the events would not have been set in motion and the person would not have been injured.
In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. In Texas there may be more than one proximate cause of an event.
If a person fails to exercise reasonable care and thereby causes another injury he may be held liable to the person for the damage done.
Basic Elements of Proving Negligence in Texas Tort (PI) Cases
- Breach of Duty
- Proximate Cause
Our legal system holds people and corporations liable for their negligence by ordering that they pay an amount of money that a jury determines fairly makes up for or “compensates” them for the harms and losses that their negligent conduct proximately caused.
How Long Will My PI Trial Take?
Not every injury case must go to trial or even have a lawsuit filed. In fact, about 70% of the cases are resolved before it comes to filing a lawsuit. Ultimately, if the case must go to trial, the plaintiff, or person aggrieved, bears the burden of proof. Once each of the elements has been proven, then a verdict may be rendered in favor of the injured party against the defendant.
Personal Injury Law Firm Here to Help
If you have been injured as a result of an accident caused by someone else’s negligence, you probably have alot of questions. How will I get the medical care I need? Who is going to pay the bills? Insurance adjusters will often act like they are your friends who are there to help you, but they are not. They have one job: to save the insurance company money. You have too much at state to assume they will do the right thing.
How Can We Can Help You?
Simmons and Fletcher, P.C., is a personal injury law firm that stands for the proposition that we should serve our clients while striving to uphold the highest Christian values. Our goal is to display honor, integrity and conviction while passionately representing our clients.
If you have been injured due to the negligence of another person, corporation or insurance company, our attorneys are here to help. We offer no obligation consultations at no cost and when you hire us, you pay no attorneys fees unless we make a recovery for you. Call us for a free consultation: 800-298-0111.
Keith M. Fletcher and Paul H. Cannon are Certified in personal injury trial law by the Texas Board of Legal Specialization.
Serving the Greater Houston Metropolitan Area
Simmons and Fletcher, P.C., has been proud to call Houston home since formation in 1979–and how we’ve seen the City grow since then. The City of Houston currently covers 655 square miles and is home to over 2.2 million people. Additionally, there are 149 Cities, Towns, Villages, and Census Designated Places surrounding the Houston-Sugar Land-Woodlands metropolitan area.
Houston is home to many major corporation headquarters with 49 Fortune 500 Companies calling Houston home. Only New York has more. Despite a booming oil, shipping, medical, and manufacturing business, Houston boasts over 54,405 acres of total park space within the city limits making it one of the top 10 greenest cities in the nation according to causes.com.
Types of Personal Injury Lawsuits We Handle
There are many ways that a person can sustain personal injuries. Each of our areas of practice represent some of the most common types of harm we help clients pursue legal options for. Some of these include:
- Electrocution/Electric Shock
- Brain Damage
- Back, Neck and Spine Injury
- Chemical Exposure
- Disfigurement & Scarring
- Limb Loss
If you have suffered any of these, please visit their respective pages for more information on how Simmons and Fletcher, P.C., can help.
Other Areas of Service
Our principal place of business is Houston, Texas and we are located next to the Memorial City Mall which makes us easily accessible to residents in the greater Houston and Katy areas. In addition, Simmons and Fletcher, P.C. regularly travel across Texas to handle serious injury claims. Other places we regularly handle cases in Angleton, Beaumont, Pearland, Cypress, Spring, Conroe, Baytown, Galveston, Pasadena, Kingwood, Missouri City, Sugar Land, Rosenberg, League City, Harlingen, Brownsville, Harris County, Montgomery County, Jefferson County, Brazoria County, Orange County, Galveston County.