Personal Injury

Texas Personal Injury Lawyer

You’ve been through enough. When someone else’s negligence or reckless behavior causes you injury, you may be entitled to compensation for your injuries and other damages. Fighting an insurance company’s low ball offer can be stressful, but it is much easier when you have an experienced Texas personal injury lawyer in your corner fighting to get you the compensation you deserve. Let our experienced Texas personal injury lawyers handle every step of your personal injury case while you focus on your health and recovery. 

Personal injury claims are often complicated and require balance. Of course you want to receive compensation for your injuries as soon as possible, but you also want to give yourself enough time to understand the full extent of your injuries. Although some injuries are immediately apparent, other injuries may take some time to manifest before you can determine the impact on your life. Minor injuries can sometimes become major injuries requiring future medical bills and other financial damages. 

If you decide to accept a settlement offer from an insurance company or a defendant, you lose your right to bring future claims and receive further compensation. Therefore, it is important that you understand the full extent of your injuries and how much compensation to demand for your injuries before you accept that settlement offer from an insurance company or defendant. Insurance companies have a reputation for doing whatever it takes to avoid responsibility. Don’t let insurance companies get away with lowball offers. Let our experienced Texas personal injury lawyers fight aggressively for your rights. 

At Javia Law, our experienced Texas personal injury lawyers will take on the insurance companies and at-fault parties and hold them accountable. We use every resource and spare no expense to protect your rights and fight for the compensation you deserve. We will protect your rights and fight for the compensation you deserve. Our skilled Texas personal injury lawyers know how to deal with insurance companies who are trying to take advantage of you—and we will not let them get away with that. We know the tactics that these insurance companies use to try to get injured victims to take lowball offers, and we know exactly how to fight back and get you the money you are entitled to.

Types of Personal Injury Cases

Personal injury law applies to anyone hurt by another party’s negligence, intentional misconduct, or reckless behavior. Some of the more common types of personal injury matters we handle include, but are not limited to:

• Catastrophic injuries,
• Car accidents,
• Motorcycle accidents,
• Truck accidents and 18-wheeler accidents,
• Bicycle accidents,
• Rideshare accidents (such as Uber & Lyft accidents),
• Commercial or company vehicle accidents,
• Pedestrian accidents,
• Dog bite injuries,
• Slip and fall accidents,
• Swimming pool accidents,
• Defective products, 
• Workplace injuries, and
• Wrongful death.

No matter what type of personal injury case you have, we are here to help. You do not have to face this alone. Let our experienced personal injury attorneys handle every step of your personal injury case while you focus on getting better. If you or your loved one have been injured in an accident, contact Javia Law today for a free case review. 

How Much Does It Cost to Hire a Personal Injury Attorney?

At Javia Law, we understand how overwhelming it can be to deal with the aftermath of an accident or injury. We truly want our clients to focus on their recovery, not legal bills. We are proud to work personal injury cases on a contingency fee basis which means you do not pay us anything—no fees, costs, or expenses—unless and until we win your case. We take all the risk. We only get paid if and when we win results for you. You have nothing to lose, so do not wait to contact us today and get the legal representation you deserve. 

Is Texas a No-Fault State?

No, Texas is not a no-fault state. That means that personal injury claims are based on negligence. There is also a legal principle called comparative negligence that dictates the amount of responsibility for an accident the victim can have before they are no longer allowed to collect compensation. This principle is called proportionate responsibility in Texas, and under this statute, you cannot be primarily at fault and receive any compensation for your injuries.

Therefore, if you are 51% or more at fault for the accident, your actions prohibit you from collecting any compensation. If your percentage of fault is less than 51%, you could still receive a portion of your damages. However, your award or settlement would be reduced by your percentage of fault. So if a jury finds you to be 25% at fault, the most you would receive is 75% of your total damages.

How to Prove the Elements of Negligence

To successfully collect compensation for your personal injury claim, you must prove the elements of negligence.

Legal Duty of Care

The first element you must prove is that the defendant owed you some legal duty of care. In some cases, this is easy to establish. For example, drivers owe each other a duty of care when getting behind the wheel of a vehicle. In other words, every driver must adhere to traffic regulations and rules of the road. 

Breach of Duty

Breach of duty is the second element of negligence. If someone disobeys a traffic signal and causes a car crash by running a red light, they breach their duty of care. Establishing a breach of duty may be relatively simple in some instances and challenging in others. Your Texas personal injury lawyer can help you build a strong case.

Causation

The third element is causation. You must show that the breach of duty caused or led to your injuries. It is not enough to prove someone owed you a duty and breached that duty if they were not responsible for your damages. 

Damages

The final element of a personal injury claim is damages. It is not enough to suffer injuries; you must have a financial loss, such as medical expenses, lost wages, etc. You must have verifiable losses from the incident.

Potential Compensation

When you pursue a personal injury claim, you could be entitled to recover compensation for your injuries and other damages. There are two main types of damages in a negligence case. The first is economic damages, which consist of tangible and documented financial losses. 

Economic Damages

Examples of economic damages include:

• Emergency room treatment;
• Ambulance transport;
• Hospitalization;
• Diagnostic tests;
• Lab work;
• Surgery;
• Physical therapy;
• Property damage; and
• Lost wages.

These are tangible losses that can be proved using things like medical bills and records, 

invoices, receipts, and pay stubs.

Non-Economic Damages

Your non-economic damages are more challenging to calculate because you do not have the same documentation as you would with economic damages. Non-economic damages are more subjective and include:

• Pain and suffering;
• Emotional or mental distress;
• Loss of enjoyment of life; and
• Loss of consortium.

This is not an exhaustive list, but it gives you an idea of the types of intangible losses you might be compensated for.

Punitive Damages

There is a third type of damages, but courts only award them in rare circumstances involving intentional misconduct or extreme recklessness, such as drunk driving. Punitive damages are meant to “punish the defendant” and deter them from engaging in similar behavior in the future.

Typical Car Accident Settlement Amounts

We often receive questions about average personal injury settlement amounts. Every case is different. It is impossible to give a true “average settlement” for a car crash because many factors impact your potential recovery, including:

• The severity of your injuries;
• Your share of liability, if any;
• Amount of the defendant’s available liability coverage; and
• Your overall damages.

Rather than focus on what average settlement amounts could be, contact our office so we can tell you what your individual case is worth.

How Long Do I Have to File a Personal Injury Claim in Texas?

Every state has its own legal deadlines (also known as the statute of limitations) for personal injury lawsuits. Failure to file your lawsuit before the statute of limitations runs will likely result in the court dismissing your case entirely. In general, you only have two years from the date of accident to file a lawsuit in Texas.

There are some exceptions to this general rule, which could result in a much shorter time to file. Do not risk missing the deadline and forfeiting your right to recovery. Two years may seem long, but building a strong case can take time, especially if complex legal issues are involved. When you have Javia Law on your team, we will ensure that every pleading is filed in plenty of time to resolve your case as quickly and efficiently as possible.

Contact Javia Law Today!

If you or a loved one have been injured in an accident and need assistance pursuing a personal injury claim in Texas, Javia Law is here to help. Hiring an experienced Texas personal injury lawyer is essential to helping you build a strong case and win the compensation you deserve. You focus on feeling better and let us handle the rest. We know how to deal with insurance companies and fight aggressively to win the maximum compensation possible for our clients. Contact our office today for your free case review.