Filing a Personal Injury Lawsuit in Texas
If you have been involved in a traumatic accident or suffered a devastating injury because of someone else’s negligent or wrongful conduct, you need a lawyer who will listen to your story and fight for the justice you deserve. At Doran & Cawthorne, P.L.L.C., we are proud to represent everyday people who have had their lives forever changed as a result of someone else’s carelessness. Since 1995, our firm has been helping individuals and families fight for their rights, including the right to fair compensation after being injured and suffering immense losses due to the negligence of others.
From our office in Houston, our personal injury attorneys serve clients throughout Harris County and the surrounding areas. We know how frustrating the legal process can be, especially for those already navigating the physical and emotional effects of a life-changing injury. Our goal is to ease the stress you are under and advocate for the full, fair recovery you are owed.
Continue reading to learn more about personal injury laws in Texas, or call us directly at (337) 222-3526 to schedule a free consultation with one of our attorneys.
What Do You Have to Prove to Win a Personal Injury Case?
While no one can guarantee a specific outcome for your case, there are certain things you must prove to better your chance of recovering a fair settlement or verdict in your personal injury case.
In fact, to have grounds for a personal injury case in Texas, you must typically prove the following:
- You were injured and suffered measurable damages, such as medical expenses, lost wages, lost earning capacity, pain and suffering, lost enjoyment of life, etc.
- The person or party against whom you are bringing your claim owed you a duty of care, meaning they had a responsibility to take certain measures to prevent foreseeable injury
- The other person or party failed to uphold the duty of care through act or omission, typically by acting negligently, recklessly, carelessly, or wrongfully
- The other person or party’s negligent or wrongful conduct (i.e., their breach of the duty of care) was the direct or proximate cause of your injuries and resulting damages
In some cases, such as claims brought on the ground of strict liability, you do not need to prove the defendant’s negligence to have a successful case. Our Houston personal injury lawyers can review the details of your claim and provide personalized information on how to proceed during a no-cost, no-obligation consultation.
Can You File a Personal Injury Lawsuit If You Were Partly at Fault?
Texas is one of several states to follow a comparative negligence rule when it comes to cases in which multiple parties share some of the fault for the injury-causing event. Under this rule, you may still file a claim and seek compensation for your damages if you were partly to blame. However, because Texas follows a modified comparative negligence rule, you cannot file a personal injury lawsuit if you were more than 50% at fault, meaning you were more at fault than the other party.
Additionally, if the court finds you partly to blame, you cannot recover the full amount you are seeking in damages. Instead, your recovery will be reduced by your percentage of fault. For example, if you are seeking $10,000 in damages after a car accident, and the court finds you 25% at fault for the crash, you could only recover up to 75% of that amount, or $7,500.
Depending on the extent of your damages, the amount you are seeking in recovery, and the degree of fault assigned to you by the insurance adjuster and/or court, being found even somewhat at fault could mean a difference of thousands or even tens of thousands of dollars in your recovery. An experienced attorney, like ours at Doran & Cawthorne, P.L.L.C., can help protect your rights and fight back against unjust attempts to diminish or dispute your recovery. We are prepared to utilize our extensive experience and resources to build the strongest possible case on your behalf. We are not afraid to go up against powerful insurance companies and other parties, even if it means taking your case to court.
Should You Hire a Personal Injury Lawyer?
Although you are not required by law to hire a personal injury lawyer, working with a legal team offers numerous advantages. Research has found that people who entrust their personal injury cases to law firms, rather than try to resolve them on their own, tend to recover better settlements than those who don’t hire attorneys.
One of the most important things an attorney can do for you is to help ease the stress you and your family are under. Dealing with a serious injury and its aftermath is difficult enough; you shouldn’t have to also worry about fighting with the insurance company for fair compensation. Instead, let our team at Doran & Cawthorne, P.L.L.C. handle the legal details of your case while you focus on healing and moving forward with your life.
When you trust your case to our Houston personal injury lawyers, you can count on us to provide you with:
- Personal attention
- Compassionate support
- Aggressive advocacy
- Information and answers
- Consistent communication
- Reliable accessibility
- Honesty and integrity
At Doran & Cawthorne, P.L.L.C., we truly care about our clients. Whether you were injured in an automobile accident, slipped and fell on someone else’s property, or lost a loved one because of another person’s careless or wrongful conduct, our firm is here to fight for you and the justice you deserve.
Turn to the Team at Doran & Cawthorne, P.L.L.C. Today
Our attorneys are ready to help you with your personal injury claim. In addition, our criminal defense team represents individuals who are facing serious criminal charges and misdemeanors, including assault and battery, drug possession, DWI, embezzlement, shoplifting, and more. We have helped our clients navigate a variety of criminal matters, including probation, case dismissals, acquittals, and reduced sentencing, among others.
We are proud to have served the injured and the accused in Houston and all of Harris County for nearly three decades. We invite you to reach out to us today to learn how we can help you with your personal injury, wrongful death, or criminal defense case.
An injury is a devastating thing to have to deal with and a legal case on top of it can seem impossible. Our firm’s personal injury attorneys are able to offer peace of mind when you know that someone with experience and commitment is handling the situation.
When a case can’t be worked out through negotiation, Doran & Cawthorne has no qualms about taking the matter to court. Whether before a judge, or jury, we will gather the evidence necessary to present your case before the fact-finder in the best light.
It is all too common for insurance companies to offer less than what they know to be fair. Our lawyers will negotiate on your behalf, and won’t compromise for anything less than the amount they know you should be receiving.
Our lawyers don’t just talk it…we strive to deliver. You can rest assured you’ll have experienced personal injury counsel with Doran & Cawthorne on your side.
Having handled hundreds, if not thousands of injury cases in Louisiana, Texas and elsewhere, we can assess the best options for each case.
Our firm’s attorneys will guide you in the right direction to make sure your case is developed effectively to your advantage.