Your Texas Personal Injury Attorneys
If you or a loved one has been hurt due to someone else’s negligence, it is natural to feel overwhelmed. You are dealing with pain and uncertainty — but you do not have to face it alone.
At Simmons and Fletcher, P.C., Injury and Accident Lawyers, our hearts go out to anyone struggling with the trauma caused by an injury. Whether it be a car accident, a defective product, or a work-related injury, we understand the enormous difficulties you face in being unable to work or enjoy life the way you want. We are here to lend an ear, ensure your voice is heard, and help you get the support and resources you need to move forward.
Your well-being is our top priority. Call (713) 932-0777 to schedule your free case review with a knowledgeable Texas personal injury lawyer.
Types of Damages You Can Recover From a Texas Personal Injury Case
To get your personal injury lawsuit off the ground, you must first prove that the other party was at fault and caused your injuries. Did they breach their duty of care? What did they do, or fail to do, that caused you to get injured? Once you have that established, you can seek damages to cover losses and injuries you incurred.
Here are key damages you may be able to recover through a personal injury claim:
Economic damages refer to the economic impact of the injury — the bills, expenses, and wages you can no longer earn. Your lawyer will piece together evidence such as medical bills, receipts, and wage statements to better understand the economic losses resulting from your injury.
Some common examples of economic damages include:
- Medical expenses;
- Lost wages/future earnings;
- Property damage;
- Funeral expenses;
- Rehabilitation costs;
- Travel expenses.
While economic losses can be calculated from bills and receipts, non-economic damages are not so straightforward. Coming up with a value may seem tricky. For this, you will need an attorney who can put together a compelling narrative to build a strong case.
Non-economic damages include:
- Pain and suffering;
- Emotional distress;
- Loss of consortium;
- Loss of enjoyment in life;
- Loss of society.
When to Hire a Texas Personal Injury Lawyer
If you have been involved in an accident, it is wise to hire a personal injury attorney as soon as possible. Timing is crucial — the sooner you act, the better your chances of success. An attorney can help ensure that your rights are being protected and that you are in the best possible position to recover compensation for your medical expenses, property damage, pain and suffering, and more.
Here’s how to know when it’s time to consult a lawyer.
The other party is denying responsibility
If you have been involved in an accident, to receive compensation for your injury, you need to prove the other party is at fault. Should the other party dispute their liability, be sure to speak with a personal injury attorney immediately. After reviewing all the facts surrounding your incident and conducting thorough investigations (obtaining official reports, interviewing witnesses, etc.), they will build a legal strategy to hold the responsible party accountable for their actions.
You are facing an uphill battle with an insurance company
If you are butting heads with an insurance company over a claim, it may be time to consult a personal injury lawyer in Texas. These entities have greater resources and money to spare, and will often try to save costs at your expense. Getting a lawyer to represent you can be the difference between walking away with a fair settlement and getting nothing at all.
Each state has its own laws regarding personal injury claims. These laws often require plaintiffs to file a claim within a certain time period after an accident. You must file your claim on time to avoid losing your right to legal action. An experienced personal injury attorney in Texas knows all these processes inside and out and will work to make sure that all relevant paperwork is completed correctly and on time.
You have sustained severe injuries
If your injuries are life-altering — like spinal cord injuries, traumatic brain injuries, and broken bones — the compensation you receive should match the magnitude of pain and expense. A good lawyer can negotiate for the upper limit of damages, thus maximizing your chances of a larger settlement amount. They can also bring on the right doctors to assist you with medical care, and recovery, and even testify in court if the case goes that far.
You think the dispute will go to trial
If the at-fault party or insurance company denies your claim, or the negotiations do not bring you to a settlement you feel is just, your case may be taken to court. Take comfort in knowing that a personal injury trial lawyer will be by your side every step of the way, litigating on your behalf and using solid evidence (photographs, witness accounts, medical records, etc.) to establish fault and causation.
While no one can quite predict what will happen with personal injury claims, one thing is certain: having an experienced attorney on your side can go a long way in helping to ensure a successful outcome. Simmons and Fletcher, P.C., Injury and Accident Lawyers is a well-established personal injury law firm in Texas. With offices in Houston, our legal team is always nearby, ready to protect your interests — in and out of court.
Involved in a Houston car accident, premises liability accident, or injured at work? No matter your situation, we want to help you find a path forward. Call (713) 932-0777 to get a free case evaluation.
How Long do I Have to File a Personal Injury Lawsuit in Texas?
You need to act fast if you are thinking about filing a personal injury lawsuit in Texas. Why? Because you only have a two-year window to file your claim. According to the Texas Civil Practice and Remedies Code, any lawsuits related to personal injury must be submitted no later than two years after the date of the injury. This is known as the statute of limitations.
If you try to file your lawsuit past this two-year window, the person or business you are claiming against will be able to move for it to be dismissed — a request that the court will likely grant. You will effectively lose your right to pursue a claim and any compensation that comes with it.
There is no need to wait; get the help you need now. Call us now at (713) 932-0777 to schedule your free case consultation with a qualified Texas personal injury lawyer.
Who can file a personal injury lawsuit in Texas?
In Texas, any individual who has been injured due to another’s negligence has the right to pursue damages through a personal injury lawsuit. In such cases, the plaintiff is the person filing the lawsuit — usually the individual injured in the incident. The defendant is the person or organization the plaintiff is chasing legal action against.
In wrongful death cases, in which a loved one has passed away due to someone else’s reckless or negligent behavior, the following people are typically able to file a lawsuit:
- the spouse of the deceased;
- the parent of the deceased;
- any surviving children of the deceased;
- the executor of the deceased’s estate (provided immediate family members do not file a wrongful death claim within three months).
Can I Still Recover Compensation if I was Partly at Fault?
Absolutely. In Texas, if you were found to be less than 50% at fault for an accident, you can seek compensation, albeit with an adjusted amount based on your degree of fault. This is what is known as the modified comparative negligence rule.
Here is an example: if you are involved in a collision and the other party involved was texting and caused an accident, but you were speeding at the time of the accident, the court may rule that you were 15% at fault. If your claim is valued at $50,000, your settlement would be reduced by 15%, resulting in a $37,500 payout.
Though this law may provide some relief, you should still take caution. The other party’s insurance company might also try to reduce their liability using this rule — so it’s crucial to have experienced legal representation fighting on your behalf.
At Simmons and Fletcher, P.C., Injury and Accident Lawyers, we offer free consultations and work on a contingency fee basis. You do not have to take on the risk yourself — if your claim is unsuccessful, we will not get paid. Connect with a top Texas personal injury attorney today at (713) 932-0777.
Why Simmons and Fletcher, P.C. Injury & Accident Lawyers?
Personal injury cases can be complex, and sometimes insurance companies will attempt to deny a rightful claim or offer the lowest payout possible. To ensure you get the compensation you deserve, you will want to work with an experienced Texas personal injury lawyer.
At Simmons & Fletcher, our goal is to do everything possible to win you the best outcome. Here are a few reasons why we stand out from other personal injury attorneys in TX:
- A proven track record: We have achieved remarkable case results for our clients, totaling millions of dollars. These include a $11 million settlement for a burn and brain injury case and a $1.3 million award for a drunk driving accident.
- Legal experience you can rely on: Trust us to protect your rights. We have represented Texan accident victims and their families exclusively for more than 40 years, giving us the knowledge and resources to champion what you deserve.
- We come to you: We offer hospital and in-home visits for severely injured clients, as well as virtual meetings (Zoom) and phone document signings for those who cannot make it in person.
- We are Christian lawyers: Fundamental to our success is our faith — it compels us to offer kindness and compassion and to remain honest and trustworthy through every case we handle.
- No win, no fee: When you work with us, you do so risk-free. You do not have to worry about upfront fees or litigation costs.
Our Texas personal injury lawyers work across many different practice areas, including motor vehicle accidents (car accidents, motorcycle accidents, bicycle accidents, truck accidents, pedestrian accidents, etc.), work accidents, medical malpractice, nursing home abuse, dog bites, wrongful death claims, slip and fall accidents, and more.
Qualified Representation From Coast to Coast
No matter who you are or where you come from, if you have been wronged, you deserve justice. We are committed to ensuring our clients receive the best representation they can get — no matter the location. Our attorneys are qualified to take on cases across Texas as well as any Federal Courts in the United States. We can also submit motions to serve as counsel or co-counsel for other state courts as necessary.
Looking for a Texas Personal Injury Lawyer Near Me? Contact Simmons and Fletcher, P.C., Injury and Accident Lawyers Today!
At Simmons and Fletcher, P.C., Injury and Accident Lawyers, we realize that you are much more than a case file. Our compassionate Texas personal injury attorneys understand injury law, and how accidents can affect people and their families. And while we cannot undo the damage done, we will fight to get you the compensation you deserve.
Discuss your case with a legal professional. Schedule your no-cost, no-pressure case assessment by calling (713) 932-0777. Or fill out our contact form.