Missouri City Injury Attorneys

Missouri City Personal Injury Lawyer

A severe injury can cause you and your family physical, mental, and emotional pain and suffering. You may struggle to make ends meet due to medical expenses, treatment costs, and time off work. If someone else’s negligence injured you or killed your loved one, a Missouri City personal injury lawyer from the Ramsey Law Group wants to help you rebuild your life.

While no amount of financial compensation can take away your suffering or bring back a loved one, money can help pay accident-related expenses and improve your quality of life. It can also expand the quality of medical care and treatment you or your loved one receive.

Ramsey Law Group’s Missouri City personal injury attorneys will fight for justice and fairness on behalf of you and your family by demanding the compensation to which you are entitled and holding any negligent parties responsible for their actions.

Why Ramsey Law Group?

Our personal injury attorneys are experienced and proven successful in all areas of personal injury law. They are also:

  • Aggressive negotiators and litigators;
  • Unafraid to take on large insurance companies and corporations;
  • Locally and nationally recognized for many successful verdicts and settlements; and
  • Noted for excellence in the Texas and national legal community.

When you need confident, compelling legal representation on your side, call Ramsey Law Group. Ramsey Law Group offers free initial consultations and will take the time to review the details of your claim with you. Our Missouri City personal injury lawyers will present you with any available legal options and give you the information you need to move forward.

Contact Ramsey Law Group today to schedule your free consultation.

 Personal Injury Lawyer

How Can a Missouri City Personal Injury Attorney Help You?

At Ramsey Law Group, we get to know you and your legal goals. We believe it is important for you to understand the personal injury process and stay updated on your case as it progresses.

Ramsey Law Group will speak with you and your family to understand how your accident affects your overall life. We also want to know what accommodations and health care would make a difference for you day to day. Our Missouri City personal injury attorneys will include these items when calculating your current and future medical compensation needs.

Ramsey Law Group will work tirelessly building and pursuing your personal injury claim in the following ways:

  • Gathering any accident-related evidence;
  • Handling all insurance company correspondence;
  • Notifying creditors of your pending claim;
  • Filing necessary legal documents;
  • Determining liability for your accident;
  • Pursuing all sources of compensation available for your injuries;
  • Hiring qualified experts;
  • Negotiating with insurance companies for a full and fair settlement; or
  • Proceeding to litigation and trial.

How Much Do We Charge?

Our injury lawyers work on a contingency fee basis. This means you do not have to pay any fees until after we have successfully helped you reach a settlement, verdict or judgment.

What Should You Look For in a Personal Injury Lawyer?

The lawyer who represents you in your personal injury case can significantly impact whether you recover compensation and if it is the amount you deserve. Here are some tips on what to look for when choosing an attorney.

Experience

Choose a lawyer specializing in personal injury law, with extensive experience in your specific type of case. For instance, if your case involves an accident with a commercial vehicle, there are personal injury attorneys who know how to bring a claim against at-fault drivers and their employers. In addition, experience in negotiating, representing clients in trial, and taking on potentially complex personal injury cases can be critical to your success.

Successful Track Record

To ensure you recover full compensation, a personal lawyer should have a solid track record of success. The higher the number of cases that have resulted in a settlement or award, the better, especially if they are various types of personal injury cases. However, it is typically best to steer clear of firms with a high client turnover rate, as they often quickly settle claims for less than their worth. Their goal is to increase profits by avoiding costly litigation.

No Upfront Fees

When a lawyer takes your case on a contingency fee agreement, it means they believe you have a good chance of recovering compensation and will work hard to make sure you do. A contingency fee arrangement means that your attorney will cover any upfront costs of handling your claim, and you only have to pay for their legal services if you win.

Time to Dedicate to Your Case

Be sure to ask which attorney will work on your case and how many cases they take on at once. The lawyer you choose should have the time to give your claim the attention it deserves.

How To Prove Liability

To hold another party responsible for your personal injury accident, you must be able to prove that their negligence is what caused it. Negligence is the failure to provide the expected standard of care in a given situation. To prove another party was negligent involves demonstrating the following four elements:

  • Duty of Care: The defendant (at-fault party) owed the plaintiff (victim) a duty of care. For example, drivers have a duty to drive safely and follow traffic laws to prevent harm to others on the road. Property owners owe a duty to visitors to keep their premises reasonably safe.
  • Breach of Duty: The defendant breached their duty of care by failing to act how another reasonable person would in a similar situation—for example, a person driving while drunk or a property owner who fails to fix a known hazard quickly.
  • Causation: The defendant’s actions directly led to the plaintiff’s harm. In other words, you would not have been injured but for the defendant’s behavior—for example, if the driver were sober, they would not have turned into your vehicle, or if the property owner had fixed the hazard within a reasonable amount of time or warned you of it, then you would not have been harmed.
  • Damages: The plaintiff suffered damages as a result of the defendant’s negligence. (e.g., medical bills, lost income, pain and suffering, etc.)

Evidence Needed in Personal Injury Claims

Proving elements of negligence to hold another party responsible for your injury requires substantial evidence to support your claim, such as:

Accident Scene Evidence

  • Pictures and/or videos of the accident scene, including:
    • A far-away shot to show the scene as a whole;
    • The area surrounding it and any property damage;
    • Your injuries and what caused them;
    • Any hazards, debris, markings, or any other items that contributed to your injury.
    • Street signs and traffic signals, if applicable.
  • Available surveillance footage of the accident or traffic camera recordings;
  • Black box data—black boxes are standard in many vehicles if you were injured in a car or truck accident. They can provide extremely valuable information on the vehicle and the events leading up to a collision, such as its speed, braking, and steering;

Documentation

  • A copy of the police report and any other reports submitted on your injury accident;
  • Copies of all medical records related to the accident and your follow-up treatment;
  • Copies of pay stubs, tax returns, and other proof of lost income;
  • Subpoenaed cell phone records if necessary;
  • A daily journal documenting your pain, mental state, and physical limitations.

Testimony

  • Statements from eyewitnesses;
  • Medical expert testimony (if necessary) on your injury prognosis and potential long-term impairments;
  • Testimony from an expert in accident reconstruction, if necessary;

Evidence can quickly be lost or destroyed, and witnesses’ memories fade. The sooner you begin to gather evidence or hire a personal injury lawyer to do it for you, the better the chances that critical evidence can be preserved.

What is Causation in a Personal Injury Case?

Part of holding another party responsible for your personal injury due to their negligence involves proving causation. Causation is a direct link between the at-fault party’s actions, or lack thereof, and your injuries. If the defendant had behaved reasonably, you would not have been injured. Causation is one of a personal injury claim’s most critical and contentious parts.

Causation is divided into cause-in-fact (but-for cause) and proximate cause. Both types must be proven to satisfy legal causation.

Cause-In-Fact or Actual Cause

Cause-in-fact, also known as actual cause, is the simpler of the two. It can be proven by asking, “Would there be an injury if not for the defendant’s actions?” For example, suppose a driver runs a stop sign and crashes into your vehicle, and you suffer a fracture in your leg. You would not have sustained a fracture if the driver had stopped at the stop sign, which proves actual cause.

Proximate Cause

Proximate cause is more challenging and involves determining whether your injuries were foreseeable. For example, the types of questions the court will consider are:

  • Should the defendant have reasonably foreseen that their actions would result in this type of injury?
  • Should the defendant have reasonably foreseen that their actions would harm to you?

A defendant can only be liable if predictable harm was done to predictable victims (proximate cause).  In the example of the driver running a stop sign, the defendant should have foreseen that running a stop sign could cause an accident and injuries to another driver on the road (you). Therefore, the defendant is the proximate cause of your injuries.

In some cases, proximate cause can be unclear. For instance, if a driver crashes into another vehicle that then crashes into a pole that falls onto your vehicle, the initial driver who caused the chain reaction may not have been able to foresee the harm they would cause you. Therefore, they may not be considered the proximate cause of your injuries.

Texas Negligence Laws

Negligence is a blanket term for the failure to use reasonable care, and different types are recognized under Texas law. The most common types of negligence that apply to personal injury cases in Texas are:

Modified Comparative Negligence

Texas courts apply the rule of modified comparative negligence to personal injury cases. Under this law, each party to the lawsuit is assigned a percentage of fault. In turn, that percentage will reduce the individual’s awarded compensation. Therefore, victims who are partially to blame for their injury can still potentially recover compensation as long as they are 50% or less responsible. This is also known as the 51% bar rule in Texas.

For example, suppose you are pursuing a car accident case. If the court awards you $100,000 and determines that you were 30% at fault for the collision, you will receive 70% of your award or, in this case, $70,000. On the other hand, if the court determines you were 51% responsible, you will not receive any compensation.

Vicarious Liability

This form of negligence holds a defendant liable for the harm caused by the actions of another person or animal they are responsible for. Vicarious liability is often used in cases involving:

  • Minor Children: Parents of children between the ages of seven to 17 can be vicariously liable for any harm their children cause. However, teenagers over the age of 18 are considered adults.
  • Employees: Employers can be held vicariously liable for the negligent actions of employees if they cause injury to another while working (e.g., commercial vehicle accidents).
  • Dog Attacks: Pet owners can be vicariously liable for any harm caused by bites or attacks.

Gross Negligence

Gross negligence is a much more severe form of negligence and is considered a conscious disregard for the safety of others. Examples include a driver hitting a student because they were speeding through a school zone or a physician prescribing a medication listed as an allergy in the patient’s medical history.

Can You Sue For Emotional Distress?

Emotional distress caused by a personal injury accident can, in some cases, be worse and longer-lasting than the physical injury. The symptoms can vary, but if you are experiencing mental suffering due to the accident, you have the right to sue for emotional distress damages. Emotional distress can result in various psychological conditions, such as:

  • Appetite changes
  • Depression
  • Aggression
  • Anxiety
  • Memory issues
  • Loss of sexual desire
  • Increased alcohol use
  • Sleep disturbances
  • PTSD (i.e., severe anxiety, flashbacks, nightmares, and uncontrollable thoughts about the abuse)
  • Trouble focusing on daily life

Unlike a physical injury that can be substantiated with medical records, emotional distress can be much harder to prove. The reason is that there is rarely documentation or not much of it to establish financial losses related to emotional distress.

To have the best chance of success, you must treat emotional distress just as you would a physical injury. Seek medical treatment immediately, whether it is from a doctor, psychologist, therapist, counselor, etc. Medical records and physician notes verifying the treatment you have received will be critical.

What is a Personal Injury?

Personal injury law is a field of civil law. It allows victims to file a claim or sue in court to recover compensation for their injuries. For a victim to recover their losses, their injuries need to be the result of someone else’s negligent, reckless, or intentional misconduct.

A personal injury can include any of the following:

  • Bodily harm;
  • Mental or emotional anguish;
  • Illness;
  • Disease; or
  • Disability.

Personal injury law is separate from criminal law. In criminal law, the state seeks to punish wrongdoers through fines and jail time.

Common types of personal injury accidents include:

  • Car, truck, and motorcycle accidents in Missouri City;
  • Bicycle and pedestrian accidents;
  • Premises liability accidents;
  • Product liability accidents;
  • Workplace injury accidents;
  • Medical malpractice; and
  • Wrongful death accidents.

car and motorcycle accident

How Is the Value of My Personal Injury Claim Determined?

The victim of a personal injury has a right to fair compensation for their injuries and any related losses from the at-fault party. Compensation in a personal injury claim usually comes from an insurance company, since most individuals and companies carry some type of accident insurance.

The amount of compensation in a personal injury claim varies according to:

  • The parties involved: When multiple parties are liable, it means there are more potential sources of compensation. Each party’s insurance policies or assets can contribute to covering the damages.
  • The type of accident: Certain accidents, like medical malpractice or product liability cases, may require specialized knowledge and expert testimony. This can increase the complexity of the case and potentially lead to higher compensation if negligence is proven.
  • The severity and extent of the victim’s injuries: More severe injuries that result in long-term or permanent impairment require long-term medical care and rehabilitation, resulting in long-term wage loss and other exorbitant expenses that a case’s value should take into account.
  • The overall effect of the accident on the victim’s life: If the injury has resulted in a diminished quality of life, such as the inability to engage in activities they once enjoyed, strained or affected relationships with family members or loved ones, affected the victim’s ability to work, etc., this can lead to increased compensation.

Every case is unique, and there is no one-size-fits-all formula for determining the value of a personal injury claim. Consulting an experienced personal injury attorney is crucial in assessing the specific factors that apply to your case and obtaining a realistic estimate of the potential compensation you may be entitled to.

What Compensation Am I Entitled to in a Personal Injury Case?

There are two types of damages available in a personal injury case. These are economic damages and non-economic damages.

Economic damages are damages with a specific cost or accountable dollar amount, such as:

  • Medical bills: The costs of hospital stays, surgeries, doctor visits, medication, physical therapy and rehabilitation, and any other necessary medical treatments related to the injury.
  • Property damage: Addresses the cost of repairing or replacing any property that was damaged in the accident (e.g., a vehicle in a car accident)
  • Lost wages: Compensation for income lost due to time taken off work for recovery or treatment, as well as any potential future earning capacity that is affected by the injury.
  • Psychological counseling: the cost of therapy or counseling sessions needed to address the emotional impact of the incident.
  • Future earnings: Any anticipated future income and benefits you will lose while recovering and any difference in income you will be able to earn compared to before the accident if you suffer permanent impairments.
  • Future medical expenses: Compensation for any anticipated medical treatment you will require in the future and related expenses.

Non-economic damages have no affixable dollar amount and may include:

  • Pain and suffering: Provides compensation for physical pain and discomfort experienced due to the injury. This includes both current and anticipated future suffering.
  • Emotional distress: Compensation for any mental and emotional trauma resulting from the accident.
  • Loss of enjoyment of life: This covers the reduction in the quality of life experienced due to the injury, including the inability to engage in activities or hobbies that were previously enjoyed.
  • Loss of consortium: This pertains to the impact of the injury on a person’s relationship with their spouse, including loss of companionship, affection, and intimacy.

If a victim dies at the accident scene or later due to accident-related injuries, the immediate family may file a wrongful death claim with a Missouri City wrongful death attorney. A successful wrongful death claim reimburses the victim’s estate for the victim’s personal losses and compensates the family for personal and financial losses resulting from their loved one’s death.

A civil court can award punitive damages to a victim in cases of extreme disregard or intentional negligence by the at-fault party. These damages are to punish the wrongdoer and to deter similar actions by others in the future.

Additional Wrongful Death Resources:

Do Personal Injury Cases Have a Time Limit?

The time limit, or statute of limitations, as provided by the Texas Civil Practice and Remedies Code § 16.003, is two years for most personal injury cases in Texas. This means you have two years from the time the injury occurred to file a claim or lawsuit. However, it is always best to contact a personal injury attorney who can use their legal resources to ensure that you do not miss the deadline.

Contact Ramsey Law Group Today

To learn more about the claims process, contact Ramsey Law Group anytime. We are here to help you recover the compensation you need and deserve for your injuries. Our attorneys at Ramsey Law Group can offer you advice on your personal injury whether you live in Texas or another state, so do not hesitate to call today at (713) 489-7577. Or send us a message online.