The Texas Statute of Limitations on Personal Injury and When to Hire an Attorney

In order to keep the courts from getting clogged with an excessive number of lawsuits in which Houston personal injury attorneys are presenting old and sometimes unreliable evidence, the state of Texas has instituted a statute of limitations for the filing of a claim. These statutes vary for different types of lawsuits but for personal injury it is typically two years.

The time to hire a Houston personal injury lawyer is immediately after the accident that results in personal injury or wrongful death. You have up to two years to settle a case against the responsible party without filing a lawsuit but you’ll need time to prepare that case. A personal injury attorney in Houston will evaluate your case, gather the necessary police reports and medical documentation, and then file the necessary paperwork to ensure a speedy resolution.

The statute of limitations guarantees that any evidence presented in a case is fresh. This is particularly important with witnesses, as time tends to blur their memories because they were not actually involved in the accident. If a person was a witness to an accident, this witness is not personally invested in the outcome of the lawsuit, so they’re less likely to continue going over the day’s events in their mind.

Cases of negligence have a two year statute of limitations, while claims for breach of contract or fraud  have a four year limitations period. Contract and fraud cases usually have paper trails and therefore paper evidence which will not deteriorate over time. Personal injury claims are usually given priority because many of the injured claimants require reimbursement for medical bills.

If you are filing a claim against a government agency or entity the statute of limitations may be different. Hire a Houston personal injury attorney to help you determine the appropriate statute of limitations and to assist you with your claim.  The time limits and notice requirements for filing against a government agency are typically shorter, so make sure you hire an attorney quickly to preserve your claims.

Let a Houston Personal Injury Lawyer Fight for Your Rights Against Medical Malpractice

Medical malpractice is difficult to prove and will most certainly involve a fight from both the doctor being accused and the insurance company that might have to pay the claim. A good Houston personal injury attorney can help you win a medical malpractice case but you need to be prepared to go through a long and arduous process to get the maximum amount deserved.

Medical malpractice in Texas has many legal restrictions which may govern the amount that you can claim. Some specific types of malpractice have liability limits and other conditions which can become complicated and require the assistance and knowledge of a  Houston personal injury attorney.  The Texas Medical Liability and Insurance Improvement Act, Article 4590i is the place you want to look to check on medical malpractice laws and guidelines. There you will find guidelines and limitations imposed by the state and other useful information and definitions that will help you better understand what constitutes “medical malpractice”. Your Houston personal injury attorney can explain it to you further.

When you go to the doctor you expect a certain level of care. If for any reason your medical providers services fell below the appropriate standard of care causing you injury, then you may be entitled to compensation. If you develop complications from surgery, get sick as a result of a misdiagnosis, or if a loved one suffers a wrongful death due to a doctor’s mistakes, you have a right to seek financial compensation.

Seek out a personal injury attorney in Houston immediately if you believe that you have been the victim of medical malpractice. The process can be long and difficult but you’ll definitely want to give it your all, particularly if you are facing long term health problems and ongoing medical expenses.

A Houston Personal Injury Attorney can Help You with a Life Insurance Claim

Most of the time a life insurance policy is pretty clear. When you die, a certain amount of money goes to a beneficiary. Life insurance policies can vary in the amount of coverage.  For example, individuals who don’t have immediate family may only carry enough life insurance to cover funeral expenses while those with families may carry much more. Certain policies, like whole life or universal life, may have cash values which go up as you make payments.

Why would you need a Houston personal injury attorney for a life insurance claim?  As is the case with many insurance claims, the insurance companies disagree with some aspect of the claim and therefore attempt to deny payment. Three of the main reasons for non-payment on an insurance policy are:

• Undisclosed medical history
• Suicide
• Non-payment of premiums

With the help of a Houston personal injury attorney the claim can be examined to determine if the life insurance benefits are justly owed.  For instance, physicians may disagree whether a death was suicide or accidental.  Failure to disclose a medical problem in the life insurance application is another favorite contention of the insurance companies.  However, coverage may still be legally required because the application may be too vague or because the deceased may not have been aware of the medical condition at the time the application was submitted.

Non-payment of premiums can be due to financial hardship that is a result of the terminal illness. A good Houston personal injury lawyer from our firm may be able to help you with this type of claim as well. We can never guarantee a result, but there have been instances where refusal of claims payment due to non-payment of premiums has been overruled by the courts.

If you have a life insurance policy make sure that you review it regularly to ensure the appropriate coverage to protect your family. If the insurance company has delayed or denied your life insurance claim, the you need to consult a Houston personal injury attorney to help you with your claim.

How Your Houston Car Accident Attorney Decides How Much to Ask For

If you have been in a car accident and feel that you have a legitimate reason to seek a Houston car accident attorney one of your questions will most likely be about the amount of money you deserve. This is always a good question but sometimes difficult to answer, especially at the very beginning of the claim. Obviously, as attorneys we look to get you as much as possible to compensate you for your pain and suffering. There are usually five factors in the equation to determine how much a claim is worth:

• Severity of the Injuries
• Medical Documentation & Medical Bills
• Severity of the Collision
• Pre-Existing Injuries
• Amount of Insurance & Number of Claimants

The severity of your injuries will, of course, be the first factor taken under consideration. If you have broken bones, neck or back injuries that could lead to chronic conditions later in life, then we need to calculate this into the suit amount. Medical bills incurred as a result of the accident will be part of the total amount, as will any projected future medical expenses that will be incurred as a result of the injuries suffered in the accident. Medical documentation will be required by the court to solidify your claims.

Severity of the collision generally refers to damage done to your vehicle, the vehicle of the other party or parties, and any property that may have been damaged such as telephone poles or fences. The state or city will charge for the damage to a utility pole and you will want to make sure the responsible party pays for this damage. Any owners of private property destroyed will no doubt want compensation also.

Pre-existing injuries are examined very closely by insurance company’s, their adjusters, and their attorneys, so if you say your neck is hurt you will need to have medical documentation to prove it. Realistically, you will also have to examine the amount of insurance coverage the responsible party has available. There are instances where property and assets may be attached after a judgment is obtained for severe damages, but state laws may prohibit or hamper the enforcement of the judgment. That’s where a Houston car accident attorney can help you and other claimants who were involved in the accident.

Insurance Disability Claims and When You Need a Personal Injury Lawyer for Them

Insurance disability guidelines vary according to the policy and the provider but there are certain elements that are universal. These are fairly straightforward and we use them as the basis upon which we build our disability insurance cases. Some of these fall under the category of personal injury, depending on the circumstances involved in the development of the disability.

The three main stipulations that must be adhered to in every disability policy involve the effective date of the policy, the severity of the ailment and whether it is indeed a disability, and the requirement that the claimant be under a doctor’s care. Medical documentation will be required to obtain any benefits.

As Houston personal injury attorneys we see a number of cases where the claim of disability is challenged by doctors hired by the insurance company. To advance your claim claim it maybe necessary to bring in our own medical professionals to present a compelling case. This is often a long and difficult process as insurance companies don’t like to pay when a disability appears to be permanent.

Most people have long term and short term disability insurance policies through their employer but that is no guarantee that if you experience a disabling condition that you will be able to collect. The burden of proof lies solely on the shoulders of the claimant. If you have to prove your claim then you will need the services of a Houston personal injury attorney to make sure your rights are protected.

Disability claims typically need to be filed within a certain time period, usually sixty days.  However, time periods can vary, so you should read the terms of your policy. If you have experienced a situation at work that has led to a disability, then you should move fast to make sure your future is secured. Contact us today and allow us to evaluate your case. If possible, obtain your medical documentation so we can properly evaluate your claim. It’s in your best interest.

Symptoms of CRPS and How a Personal Injury Attorney can Get You the Help you Need

Complex Regional Pain Syndrome (CRPS) is a condition that is believed to be caused by a dysfunction in the peripheral or central nervous system. It is an intensely uncomfortable and painful ailment most easily recognized by symptoms of burning pain in a specific area, skin sensitivity, and swelling. Eventually the joints stiffen up and physical activity becomes difficult or impossible. This leads to deterioration in quality of life and a decrease in options and choices for an individual. Plans for the future become difficult when you don’t know if you will be able to move without pain.

There is no definitive “cause” of CRPS but it is most often linked to a previous injury like a bone fracture, soft tissue damage, or a part of the body being crushed. Common treatments include physical therapy, psychotherapy, sympathetic nerve block, medications, surgical sympathectomy, spinal cord stimulation, and intrathecal drug pumps. These are all expensive and long term, so patients suffering from CRPS have to take on a heavy financial burden if they want to live a normal life.

If you are suffering from CRPS that is the result of an accident or injury caused by someone else, you should consult with a Houston personal injury attorney. You may be able to receive financial assistance from either the responsible party or an insurance company. Where serious injuries are involved, we always examine CRPS as being a very real possibility in your future and take that into consideration when assessing your case.

Although the probability of coming down with CRPS, even after having suffered an injury, is slim, those that have CRPS can suffer terribly. For that reason it is worth seeking out a Houston personal injury attorney to review the facts of your injury or accident. The pain experienced with this condition is chronic and extreme, not something to be taken lightly. If someone else is responsible, then you should be compensated. Contact a personal injury attorney at our Houston firm. We will evaluate your case and help you obtain what you rightfully deserve.

Drunk Driving and Auto Accident Lawsuits in Houston

There are 3.9 million people in Harris County and last year there were over 10,000 cases of DWI registered with the courts in Houston and surrounding towns. We average over two hundred traffic fatalities per year that involve alcohol consumption or drivers that are legally under the influence of alcohol or drugs. District Attorney Pat Lykos once described the situation as “pandemic”.

If you have been in an accident where alcohol was involved or a loved one has been killed by a drunk driver, then you may have a personal injury or wrongful death claim or lawsuit. Consult with one of our Houston car accident attorneys to learn more. There’s a good chance that you may be owed financial compensation for your injuries or losses.

The law does not look kindly on drunk drivers so the chances of winning  against a drunk driver are very good.  Additionally, a finding of guilty in criminal court against a drunk driver will almost certainly lead to success in a civil case. As Houston personal injury attorneys we’ve capitalized on guilty verdicts many times.

According to statistics compiled by SADD (Students Against Drunk Driving), in 2008 11,773 people died in drunk driving related crashes nationwide. During that same time frame, 1.3 million teenagers died from drug overdoses. These numbers show that the dangers of intoxicated driving are not strictly due to alcohol use. Drug use can cause car accidents also and the laws that apply to drunk drivers also apply to those who are under the influence of drugs.

A personal injury or wrongful death lawsuit is a serious proceeding that should not be ventured into without good legal advice from a Houston car accident attorney. If you are dealing with exorbitant medical bills, auto repairs, or grief over the loss of a loved one, then you should receive some type of compensation from the party responsible. Before filing an auto accident lawsuit in Houston consult with one of our attorneys and allow us to evaluate whether or not you have a case.

Can a Personal Injury Attorney help you in a case of nursing home abuse?

As our loved ones get along in years and start to suffer from various ailments there comes a time when we may need to seek out a nursing home where they can be cared for properly. Some try to keep their parents and grandparents at home but most find that it’s better to let professionals take over the care of their elders at some point.

We would all like to think that once we check a mother or father into a nursing home they will be well taken care of, but what if the staff of that nursing home is abusive? None of us want to think about the possibility of our parents being neglected, beaten, or left in filth during what is supposed to be the golden twilight years of their lives. No one deserves that and those responsible should be held accountable.

A licensed and experienced Houston personal injury attorney can help you if you have a family member who has been the victim of nursing home abuse. There are statutes that protect the helpless and a good attorney will know what they are and how to use them to get you the compensation that you and your loved ones deserve. If the abuse has led to a fatality you may also be able to file a wrongful death lawsuit.

If you are searching for a nursing home for someone right now and have fears about abuse and neglect there are sources of information that you can reference which will tell you if any personal injury or wrongful death claims have been filed against them. Every time a situation comes to light the nursing home industry has to become more vigilant, so the number of abuse cases goes down each year.

No one should have to live in fear of being at the mercy of someone cruel enough to abuse a senior citizen. If you have knowledge of a situation like that you won’t have any trouble finding a Houston personal injury attorney to take the case for you.

Personal Injury Attorneys and Wrongful Death Lawsuits

What exactly constitutes a wrongful death? You hear the term used frequently and many would argue that all unnatural deaths are wrongful, so how is it determined that a specific fatality is wrongful and should have a compensatory value? That is a question that can only be answered with the assistance of a Houston personal injury attorney. Before filing a wrongful death suit you should ask for help from a lawyer.

Generally a wrongful death is a death that is caused by someone’s negligence or a defective product. An example would be an individual who is killed in a car accident. The family members that are left behind, either a spouse, child or parent, may be able to file a wrongful death lawsuit against the responsible party.

The questions of whether you should pursue a claim and how much you should seek can only be answered by a qualified Houston personal injury attorney. There may be no question that someone may be responsible but obtaining financial compensation can be a long and complicated process. Legal assistance is necessary even when a case seems like its simple and free from any obstacles.

Wrongful death can also be caused by an industrial accident or in more complicated circumstances by a long term situation that deteriorates the health of a worker. Wrongful death suits have been filed in the past against manufacturing companies that use toxic chemicals and have poor ventilation. Workers who spend extended time in these work environments often get sick and this can lead to fatalities.

If a company is found to be responsible or negligent for the conditions that cause a fatality, they may be subject to a wrongful death lawsuit. A good Houston personal injury attorney can tell you if you have a case. Ask for a consultation and our attorneys will let you know if you have grounds for a suit or claim.

When do you need a Personal Injury Attorney?

Are you experiencing some aches and pains as a result of a car accident or other injury? Perhaps you feel that because it’s been a while since the incident or accident that you can’t file a lawsuit or claim for compensation. This is a common reason why many people lose compensation to which they may still be entitled.

This is a good example when you need a Houston personal injury attorney. Sometimes when you walk away from an accident you don’t feel any pain, so there’s no reason to seek out a Houston personal injury lawyer. You feel good for a while and then after a few days or a week you start to experience some stiffness in your neck, back, or legs. This may be an indication that you have a hidden injury which could be chronic. Do you want to pay the medical bills as a result of another person’s negligence?

Call an attorney immediately when you start to feel stiffness or pain. If you were in a car accident there is likely an accident report which can help your case. If the pain is the result of a household or work accident there may be insurance that covers you. Don’t try to figure it out yourself. Seek advice from a Houston personal injury attorney who can tell you whether you have a case.

There are other instances where an attorney can be of assistance. If you’ve been in the hospital and came out in worse shape than when you went in you may have a case for medical malpractice. Once again, a Houston personal injury attorney can evaluate your case and tell you what is the best course of action.

How many times have you been in situations where you have thought afterward that you should have been compensated financially for your injury, pain, or suffering. Some of those may have been legitimate instances where you could have sought legal recourse. Ask for help from an experienced Houston personal injury attorney.