Filing a Personal Injury Claim in Houston
Texas Personal Injury Laws & Litigation
When you are injured due to someone else’s careless, reckless, or wrongful conduct, you have the right to take legal action. Texas personal injury laws allow you to seek financial compensation for your “damages,” or the economic and non-economic losses you suffer due to your injuries. These include things like medical bills, medication costs, lost wages, and pain and suffering.
Navigating the legal process after a serious accident or injury can be challenging on your own. You need a team that you can trust, one that will fight for you and the justice you deserve. At Vaughan Legal Trial Team, we aggressively pursue maximum compensation for our clients and fight to hold negligent people and parties accountable. Led by our experienced Houston personal injury attorney, Jeffery Vaughan, we offer client-focused service and result-driven representation from start to finish.
Continue reading to learn more about filing a personal injury claim in Texas, or call us at (713) 766-0153 to set up a free initial consultation. Hablamos español.
Who Can File a Personal Injury Claim?
Texas law allows you to file a personal injury claim any time another person or party is responsible for your injuries and resulting damages. Under the state’s modified comparative negligence rule, you do not have to prove that the other person or party (known as the “defendant”) was entirely to blame, only that they were mostly at fault for the incident that caused your injuries. If you are found to be more than 50 percent at fault, you cannot file a personal injury claim or recover any compensation for your economic or non-economic losses.
Additionally, if you are found to bear some of the responsibility for your injuries, your total recovery will be reduced by your at-fault percentage. For example, if the court finds you 25 percent to blame, you may only recover up to 75 percent of the amount you are seeking in damages.
Most personal injury claims are brought on the grounds of negligence. To have a case based on negligence, you must typically prove each of the following:
- The defendant had a legal responsibility, whether expressed or implied, to act reasonably and prevent foreseeable injury (“duty of care”)
- The defendant breached or failed to uphold the duty of care by acting negligently or wrongfully or by intentionally inflicting injury
- You were injured and suffered measurable damages, including both economic and non-economic damages
- The defendant’s failure to uphold or breach of the duty of care was the direct or proximate cause of your injuries and damages
- Your negligence (if any) did not exceed that of the defendant’s—i.e., you were not more than 50 percent at fault for your injuries
In cases involving strict liability, including some product liability claims and mass torts, it is not necessary to prove the negligence of the defendant. Our team can help you determine if you have grounds for a personal injury case; contact us today for a no-cost, no-obligation consultation with our experienced and knowledgeable personal injury attorney in Houston.
How Long Do You Have to File a Personal Injury Lawsuit in Texas?
The statute of limitations, or filing deadline, for most personal injury cases in Texas is two years from the date of injury. This means that, in most cases, you have just two years to sue the liable party for damages. There are some exceptions, including cases against government entities, in which the statute of limitations is typically shorter. In any case, you should act quicky if you think you may have a claim. If you fail to bring your lawsuit within the applicable timeframe, you will almost certainly lose your right to sue the at-fault party and recover compensation for your losses.
Types of Personal Injury Cases We Handle
At Vaughan Legal Trial Team, we represent individuals and families in all types of personal injury matters. Led by founding attorney Jeffery Vaughan, we bring more than 20 years of experience to our practice, along with a long history of success.
We have recovered more than $100 million in compensation for our clients, including complex cases involving:
- Catastrophic injuries
- Car, motorcycle, truck, and other motor vehicle accidents
- Dangerous and defective products, including medical devices
- Medical malpractice and birth injuries
- Offshore injuries and maritime accidents
- Property owner negligence/premises liability
- Child injuries
- Wrongful death
We also have nearly a decade of experience handling complicated mass torts and commercial litigation, including high-profile cases involving:
- Neurological disorders
- Paraquat-containing herbicides
- Allergan breast implants
- Pressure cookers
- Toxic chemicals
- Drug company lawsuits
Our firm has the resources to effectively handle all types of cases and can provide you with the personalized guidance and aggressive advocacy you need. Contact us today to learn more.