Houston Personal Injury Attorney

Helping Houston personal injury victims and families get justice

Johnson Garcia LLP helps personal injury victims and family members in Houston, TX who have lost a loved one in a fatal accident. If you have been affected by a serious accident, our experienced Houston personal injury attorneys can help.

We handle all kinds of personal injury cases in and around Houston

Houston personal injury lawyers can help with hospital bills and medical expenses

Call us today at (832) 402-9332 for a free case evaluation with an experienced Houston personal injury attorney.

Personal injury means any harm done to a person’s physical body, mind, or emotional state. This can apply to a victim or their loved ones. Every personal injury case is unique. The Houston personal injury lawyers at Johnson Garcia LLP have worked on all kinds of personal injury cases with a diverse range of clients. No matter what type of injury you have suffered, our experienced Houston injury attorneys will help you get the financial compensation you deserve so you can move on with your life.

How long do you have to file a personal injury claim in Texas?

If you want to file a personal injury claim in the state of Texas, you have two years from the date of the accident to do so. 

With this statute of limitations in place, you must take immediate action. Should you attempt to file a lawsuit against the at-fault party after two years, it’s unlikely that you’ll be able to collect for damages.

Two years isn’t as long as it sounds, as there’s a lot that goes into investigating and preparing your claim. 

The wrongful death statute of limitations is also two years. In this case, the two-year clock begins to run upon the individual’s death. 

Types of damages you can seek

You can seek a variety of damages through a personal injury claim. The direction you take depends largely on the circumstances of the accident, but here are the four primary types of damages:

 

  • Economic: This is compensation for monetary losses as the result of injury. Examples include current and future medical bills, property damage, lost income, and loss of future earnings. 
  • Non-economic: This takes into consideration non-monetary damages, such as loss of limb and loss of companionship. In some cases, such as with loss of limb, compensation falls under both the economic and non-economic categories. 
  • Pain and suffering: Pain and suffering include both the physical and mental pain caused by the accident. For example, injuries may cause so much pain and discomfort that you’re unable to work. Just the same, the psychological effects of the accident can result in PTSD, anxiety, and difficulty sleeping. 
  • Punitive damages: Punitive damages don’t typically come into play, but they shouldn’t be ignored. These damages are not tied to your injuries and financial losses but instead awarded as a means of punishing the at-fault party. 

We’ll work hard to get you the settlement you deserve

You have enough to deal with after being injured or losing a loved one because of someone else’s recklessness or negligence. The physical pain and emotional trauma can be devastating. You shouldn’t have to deal with medical debt or struggle to pay the bills. You need time to focus on healing.
Yet, in the aftermath of an accident, most people just want the process to be over so they can move on and try to get back to normal. It’s a vulnerable time, and many people end up accepting whatever they’re offered by their employer or insurance company even when they’re entitled to more. At Johnson Garcia LLP, our Houston personal injury attorneys know you deserve better. We’ll fight hard for you when you need help the most.
 
Our experienced Houston injury lawyers will help you:
 
  • Determine who is liable for your injuries
  • Prepare and file your claim
  • Gather and present supporting evidence
  • Negotiate with insurance adjusters
  • Calculate the value of your claim
  • Fight for a fair settlement
When you work with us, you have our word we’ll do everything we can to build a strong legal case to get you the damages you need and deserve. Your Houston personal injury attorney will walk you through the process of filing a personal injury lawsuit step by step and help you understand your legal rights and responsibilities. Our goal is to make the process as simple and streamlined as possible so that you can focus on recovery.
Most people don’t have the time or legal expertise necessary to pick apart a contract or an insurance policy to determine if what they’re being offered is fair. This is where a skilled Houston injury attorney comes in. Our Houston personal injury lawyers carefully gather and analyze any information that can help us win the fight, from insurance policies and employer disability plans to Texas state statutes and legal precedents. We fight hard for our clients, and we have a track record of success.

Serious injuries can take many forms

“Personal injury” not only refers to physical injuries, but also the mental and emotional toll of an accident or the death of a loved one. Losing a spouse, life partner, parent, child, sibling, or grandparent can be devastating. It’s not uncommon to suffer long-lasting or even permanent damage after an accident, such as the loss of a limb or mental trauma that leads to PTSD. These things can affect your ability to live and work normally.
Even in cases where injuries are minor, you should never have to pay for someone else’s negligent or dangerous behavior—financially, emotionally, or physically. Johnson Garcia LLP Houston personal injury attorneys have fought and won personal injury settlements for Houston-area clients with all kinds of injuries, including:
Bone, muscle, and “surface” injuries

Some of the most common injuries affect the bones, muscles, and surface tissues of the body. Examples include whiplash, broken/fractured bones, torn ligaments, bruising, and lacerations.

Neurological injuries

Neurological injuries are those that affect brain and neural tissues. Examples include brain damage, concussion, nerve damage, and paralysis. Neurological injuries are common in accidents involving head or spinal injuries.

Internal organ injuries

Injuries that affect the internal organs can be particularly dangerous. Internal organ injuries can include hemorrhaging (bleeding), organ lacerations, punctured/collapsed lungs, and crushed organs.

Mental and emotional injuries

This refers to non-physical injuries that affect a person’s mental and emotional state in a way that negatively impacts their life. Some victims develop mental health conditions like post-traumatic stress disorder (PTSD), depression, or anxiety. Even without a mental health diagnosis, victims often experience emotional stress (referred to as “pain and suffering”).

Long-term and permanent injuries

Some injuries lead to long-term problems such as chronic pain, paralysis (partial or total), and other permanent, debilitating conditions. If a body part is lost in an accident or needs to be amputated, this can also create lifelong challenges.

What exactly is negligence?

In the legal world, negligence has a specific definition. Cornell Law School defines it as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” In plain terms, would the average responsible person in the same situation have done the same thing?
When an individual or business entity fails to act with a reasonable level of care, either by acting recklessly or failing to do what is necessary to ensure safety, this is considered negligent under the law.
As your Houston personal injury lawyer, it’s our job to show that the person or entity who is responsible for your injury was negligent. In cases involving employers, this might include showing how the employer failed to recognize danger or uphold safety regulations. In other situations, proving negligence might include things like showing that a driver did not obey traffic laws, by failing to observe the right of way or driving at excessive speeds, for example.

How to prove negligence

Proving negligence is essential to obtaining compensation through a personal injury claim. The burden is on you and your legal team to prove that the other party was at fault.

There are four elements of negligence:

  1. You were owed a duty of care by the other party
  2. The other party breached the duty of care
  3. The breach of duty resulted in your injuries
  4. The accident resulted in verifiable damages

 

Let’s look at the four elements of negligence as they pertain to a motor vehicle accident. Here’s an example:

  1. Drivers have a duty to other drivers to follow the rules of the road
  2. A driver causes an accident as a result of texting and driving, which led to them running a red light
  3. As the victim of this breach of duty, you suffered injuries such as a concussion, spinal cord fracture, and deep lacerations to your head and face
  4. You have verifiable damages such as medical bills, physical therapy, and medical equipment

 

Winning your personal injury case hinges largely on your ability to prove negligence. 

Who can be held liable in a personal injury claim?

There’s no shortage of parties that can be held liable in a personal injury claim. Depending on the circumstances of the accident, it’s possible that there could be more than one at-fault party.

  • Other drivers: In a motor vehicle or commercial truck accident, another driver’s negligence may have caused an accident. 
  • Trucking company: For instance, if the company did not provide proper training to the trucker who caused the accident, they could be held liable.
  • Government: This generally comes into play when an accident and injuries are caused by traffic sign errors or poorly-maintained roadways. 
  • Property owner: In the case of premises negligence—such as a slip and fall accident—the property owner may be held liable. 

 

With the right approach to investigating the accident, you’ll come to better understand who to hold liable.

Difference between personal injury settlement vs. lawsuit

Many people confuse a personal injury settlement and personal injury lawsuit. While they sound the same, there are some key differences.

To start, your attorney will attempt to negotiate a fair settlement with the appropriate insurance company. If successful, you’re not required to appear in court.

A settlement is preferred, but if this doesn’t work a lawsuit is necessary. Your attorney will bring your claim to the court with the hope of convincing the jury that you should receive compensation for your damages.

Here’s what to expect with the personal injury settlement process:

  • A review of the finer details of your case.
  • An investigation of your case to collect the information necessary to prove negligence.
  • Your attorney will contact the applicable insurance company to demand a fair settlement.
  • Your attorney will wait for a response, which is typically a rejection, acceptance, or counteroffer.
  • You will consult with your attorney in regards to what you want to do next, such as accepting or rejecting a counteroffer.

 

If your legal team is unable to settle your case with the at-fault party, it’s time to file a lawsuit. Here are the next steps:

  • Your attorney will file a lawsuit with the appropriate court.
  • Before the trial, your attorney will move through the discovery phase to collect more information.
  • Mediation is still possible during this time, which allows you to settle your case before it goes to trial.
  • If mediation doesn’t work, the case will go to trial during which a jury will hear from both sides.

 

You hope that you win your court case, but if you’re unsuccessful you have the legal right to file an appeal. This is a complex process, but one to consider if there’s reason to believe you can obtain a different outcome in the future. 

What we need from you

When you entrust us to work on your case, we will need basic personal information and access to any relevant documents and information that can help strengthen your claim. This can include:

 

These are all valuable pieces of information you’ll want to bring to your consultation. Time is of the essence after you’ve been injured. Call us today at (832) 402-9332 to schedule your no-cost consultation.

Need a personal injury lawyer in Houston?

With more than two decades of combined legal experience, Houston personal injury attorneys Daniel Johnson and Juan Garcia work hard to get clients the damages they need during what is often the most vulnerable time of their lives.
Our experience and legal knowledge help us anticipate all the tactics the defense will throw our way and give us an edge in court. We’ll fight hard to get you the compensation you deserve.

If we don’t win, you don’t pay

If you hire the Houston personal injury attorneys of Johnson Garcia LLP to represent you, there is no upfront cost. We know the last thing you need to worry about is how to pay for a Houston injury attorney. That’s why we work under a “no recovery, no pay” model. If we don’t recover damages for you, you don’t owe us a dime. We’re paid based on a percentage of the damages we recover from the responsible party. Contact our Houston personal injury law firm for a free case evaluation at (832) 402-9332.

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