If you sustained an injury in an incident that was not your fault, the negligent party could be liable for your losses. A local attorney could identify the responsible parties and devise a legal strategy that provides compensation for your injuries.
A Humble personal injury lawyer could assist in your efforts no matter how you sustained your injuries. Call as soon as possible after the incident to get skilled legal representation.
One of the most disheartening scenarios for a Humble injury attorney is when a deserving person with a strong case appears in the office for the first time after the statute of limitations has expired. Statutes of limitation restrict the time for bringing a lawsuit, and once the time has passed, courts will not hear a case, no matter its merit.
In most cases, an injured person must file a lawsuit within two years of the incident that caused the injury. The two-year limit applies whether the basis of the suit is negligence or medical malpractice. However, numerous exceptions exist that could apply in a specific case, so it is always wiser to consult an attorney rather than assume the time has expired.
The state or a local government might have liability in an injury case. This could happen if a person was in an accident with a city bus, suffered injuries at the hands of a doctor employed at a public hospital, fell in a government office building, or in many other situations. When a person has an injury claim against the state, they must file a notice of claim within 180 days or lose their right to sue. A shorter time frame might apply if the claim is against a local government. Consulting a legal professional soon after an injury preserves the right to claim against all potentially responsible parties.
Accidents lead to disruption and inconvenience, even if injuries are not severe. When an incident causes injuries that require substantial medical intervention, the victim might face staggering bills and lose their ability to make a living. Damages address the unfairness of the victim bearing the financial burden by forcing the responsible parties to pay compensation.
Compensatory damages redress a victim’s actual losses. These include economic damages, which are out-of-pocket costs such as medical care and lost wages. Incidental expenses, the cost of household help, rehabilitation services, and even home renovations could be part of an injured person’s economic damages. Economic damages also pay for future medical treatment related to the injury and supplement the person’s future earnings if they cannot return to their former employment.
Compensatory damages also provide money to acknowledge how the injury diminished the victim’s quality of life. These non-economic damages could include money for the injured person’s disfigurement, disability, inability to participate in activities, physical pain, mental anguish, loss of companionship and loss of consortium.
Anyone who suffered injuries in an accident could claim compensatory damages. In some cases, exemplary or punitive damages are also available. Texas Civil Practice and Remedies Code § 41.003 allows a claimant to collect punitive damages only if they can prove that a responsible party’s conduct was grossly negligent, malicious, or fraudulent.
The law sets a high bar for awarding these damages, but judges in Texas have imposed them against drunk drivers who cause grievous injuries to others, for example. The law caps punitive damages in most cases, although there are exceptions if the responsible party caused the injury in the commission of certain crimes. A personal injury attorney in Humble could explain whether pursuing punitive damages is appropriate in a specific case.
If you are suffering from the effects of an injury you suffered in an accident, you need advice about getting compensation from someone with an intimate knowledge of injury law. Many factors go into pursuing a claim for damages. Speaking with qualified legal counsel is essential before you decide how to proceed.
The sooner you consult a Humble personal injury lawyer, the more options you will have. Call today to speak with the team at Schechter, Shaffer & Harris, LLP.
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