Frequently Asked Questions
Answers to Your Personal Injury Questions
If you have suffered a serious injury that was caused by the careless actions of someone else, you may be unsure of what to do next. You may be asking yourself, "Do I have grounds to pursue compensation?" or "How do I determine liability?" and for this reason, the Doan Law Firm, P.C. has decided to compile a list of answers to some of the most frequently asked questions regarding personal injury law. In doing so, we hope to provide you with the information that you will need to move forward with your case. For any additional questions that you may have about the specific nature of your case, however, we advise you to consult a Houston personal injury attorney from our firm directly.
How much is my claim worth?
This is one of the most common questions we get asked as personal injury attorneys. The value of a victim's claim will depend on a number of factors, such as the extent of the victim's injuries, the extent of property damage, and whether or not the defendant was intentionally acting in a reckless or wrongful matter. Ultimately, the best way to determine the value of your claim is to arrange a consultation with an attorney at our office. We can competently assess the circumstances of your accident or injury and review any and all medical records, accident reports, or other related documents to give you an idea as to how much you may be able to recover in a lawsuit.
What is negligence?
Negligence is a term commonly heard in personal injury law that refers to any type of reckless, careless, or wanton action that results in the injury or death of another. For example, when a person sends a text message while driving, and thus causes an accident, the action of texting while driving is considered an act of negligence Similarly, if a property owner is aware of a hazardous condition on his premises, but fails to take appropriate action to fix the condition, and a guest or patron suffers an injury due to the dangerous condition, the property owner will be considered negligent and will be held liable for paying damages.
How long do I have to file a lawsuit?
Every state in the U.S. maintains different laws regarding personal injury cases, meaning that the statute of limitations will vary across the country. A statute of limitations restricts a plaintiff's ability to recover compensation from the responsible party if legal action is not taken within the designated amount of time. In the state of Texas, one has two years from the date of injury to officially file a lawsuit—which is applicable to cases of medical malpractice and
product liability as well. For this reason, it is vitally important to explore your legal options in the wake of a negligently caused injury as soon as you have made the decision to pursue compensation.
Why is establishing negligence so important?
In a personal injury case, establishing negligence is extremely important, as a victim cannot win their lawsuit unless they can successfully prove the defendant was negligent and that the defendant's negligent actions directly contributed to their injury or accident. Depending on the specific circumstances of the injury, however, determining liability will be handled accordingly. For example, if the negligent party had a duty to the injured individual—including a medical professional or a nursing home staff member—one must be able to prove that they had breached their professional duty to provide an adequate level of care.
What if I was partially at fault for causing my own injuries?
Each state across the country follows different negligence laws. In the state of Texas, compensation is awarded in a personal injury case based on a modified comparative fault system with a 51% rule. What this means is that even if an injured victim had contributed to the accident that has caused them harm, they will still be able to obtain damages—as long as they are not at-fault to a degree that is 51% or higher. For example, if a jury has found that the plaintiff is 35% responsible for causing the accident in which they have sustained an injury, they will still be able to recover 65% of the original damages. If it decided that they are 53% responsible for the accident, however, they will be denied compensation.
Looking for further information?
If you still have questions regarding your personal injury case, we urge you to call our office today for a free consultation. By speaking to a legal professional directly, you will have the chance to explore your options and figure out the most viable way in which to proceed with your case. Whether you have been injured on another person's poorly maintained property or you have been involved in a drunk driving accident recovering compensation may be an elemental factor in your recovery. For this reason, you should not hesitate to take the opportunity that has been afforded to you by the law to hold the responsible party accountable for providing you with the appropriate amount of damages. To get started, call our 24-hour hotline at 1-800-284-5983, or submit a
free case evaluation form to our firm online.