When disaster strikes and you are injured due to someone else’s negligence, do you know where to turn? 

When you’ve suffered an injury through no fault of your own, a Beaumont, Texas personal injury attorney can help. We at The Practically Legal Law Firm have helped our community in and around Beaumont, Texas handle litigation involving personal injuries in a number of fields: car wrecks, commercial vehicle wrecks, slip and falls, and medical malpractice to name a few. 

If you or a loved one have recently been injured, through no fault of your own, call us for a free consultation. We may be able to help you obtain compensation; we can help you to feel seen and heard during this time of pain and suffering. 

What Qualifies as a Personal Injury Case?

Personal injury claims arise when you or a loved one are injured by an offending party or company through no (or little) fault of your own. This can mean several things – a car wreck that leaves you injured; a fall in a restaurant or store from a slippery substance that wasn’t properly flagged; or a workplace injury that isn’t otherwise covered by worker’s compensation. 

A personal injury case can be started for several reasons, but the main point is that there is a mechanism of harm that caused you or a loved one injury and circumstances that call for you to receive financial recovery. And the best way to ensure maximum recovery is to find the best attorney and team to handle your case. 

Here are some of the most common case types we handle at The Practically Legal Law Firm: 

Motor Vehicle Accidents – Including Commercial Truck Accidents 

Car wrecks can happen for several reasons. We call these collective reasons “negligence” – whatever the cause, the offending driver was negligent in their duty to other drivers and drove in an unsafe manner. Their unsafe driving doesn’t mean you have to live with the damages, though. Through careful investigation and litigation, you can make a recovery that can cover your medical costs and help “make you whole”. 

Commercial vehicle and 18-wheeler wrecks can happen in the same manner. Commercial drivers are held to higher standards of accountability by the government, but collisions still occur. And usually, the injuries are worse. It is very important, if the driver that hit you was “on duty” at the time of the collision, for you to consult with an attorney. Having representation for these types of cases is your best option for maximum recovery – and ensuring that your needs are met to your satisfaction, not the satisfaction of the company that employed an unsafe driver. 

Slip-and-Fall Cases 

Slips and trips happen; how often do you watch where your feet or going, or notice a difference in the ground you are walking on? These types of claims seem negligible but can be devastating for older individuals. Believe it or not, damages from a simply slip can include broken femurs, concussions, and severe back injuries. Whether the fall was “your fault” or not is something that needs to be fully investigated and you should have legal representation to help guide you through this process.  

Workplace Injuries 

We live in an area fueled by the petrochemical industry, ports, and various manufacturing and construction industries. We understand that workplace accidents happen; we also understand that many of them are easily preventable. When Worker’s Compensation can’t or won’t cover all the costs of your medical treatment after such an injury, it is time to seek help from a personal injury attorney. A personal injury attorney that is well-versed in employment law and the requirements of an employer to ensure fair compensation and treatment after an injury can ensure you receive what you are owed. 

Maritime Injuries 

Living on the Gulf Coast we are no strangers to the dangers of water. Whether that is a commercial maritime injury or injuries sustained while out boating for pleasure, we can help you navigate this complicated area of law. Especially in commercial cases that occur in national and international waters, you should ensure that your personal injury attorney understands the applicable maritime law. Call now for a free consultation (409)867-5309. 

Medical Malpractice 

Medical malpractice can be tricky; aside from a short statute of limitations, the State of Texas also requires an expert, a practicing doctor in the same field as the one that caused harm, to review all the available medical records and explicitly state that malpractice (harm) was committed. If you aren’t sure whether you or your loved one were harmed due to medical malpractice, call us today to set up a consultation. The quicker your potential case is reviewed, the better. 

Product Liability 

Did you know that, for every product on the market, there is an “acceptable level” of risk that may cause harm to consumers allowed? From baby formula to vital electronic chips in vehicles, these “acceptable risks” are known defects allowed to pass inspection from the manufacturer. If you or a loved one has been harmed due to a product defect, proper investigation can tell us if this is a known issue or a random event. And having an experienced personal injury attorney and team on your side can ensure you are properly compensated for exposure to this “acceptable risk”. 

Wrongful Death Claims 

When your loved one dies due to someone else’s negligence, what can you do? Depending on the circumstances, there may be a way to recover certain damages from liable or negligent parties, even if there is a concurrent criminal matter. A personal injury claim can’t bring your loved one back, but it can help ease the financial burden of a funeral, remaining medical expenses, and loss of financial or other support. 

What to Expect During the Personal Injury Litigation Process 

You or your loved one are injured, and the offending party hasn’t offered proper (or any) compensation for your injuries. You’ve retained a personal injury attorney to help you – now what? 

Personal injury litigation in Texas is straightforward. Claims must be filed with the court before a two-year Statute of Limitations; basically, if you are injured and haven’t filed a claim in at least two years, you have “declared” to all parties that your injuries were financially covered and/or you were not severely impacted by the injuries. 

However, if you retain counsel and file a claim, there are several important steps that will soon take place: 

1. The first step is for a personal injury attorney to review the facts of your case and file the claim with the court. This starts the litigation process. “Litigation” is the legal term for filing a lawsuit, with the intention of going all the way to trial and obtaining a verdict from a jury. Your personal injury attorney will begin this process by: 
   • Notifying both the offending party’s and your insurance (if applicable) of a potential lawsuit, to see if they will offer fair compensation before officially filing suit. 
   • If negotiations before filing suit fail, then a suit will be filed and the litigation begins. 
   • Collection of evidence begins, starting with your personal documents – anything that is relevant to the facts of the case will be collected by your attorney to be reviewed and determined what should be used as evidence. This includes personal documents like a copy of your driver’s license and social security card, pictures, and medical records. What documents are collected will be determined by the type of personal injury claim you have. 

2. Next is the discovery, or investigation, phase. During this phase the collected documents are presented to the opposing party as evidence, and they are required to submit same or similar documents. This phase will also include depositions; these are supervised interviews in front of a court reporter, who represents the authority of the court itself. These depositions will be used as further evidence throughout the case and may become trial exhibits. 
   • Other necessary documents will also be exchanged, which will be determined by your personal injury attorney but could include criminal records, employment records, and most other requested documents. 
   • A special note – we here at The Practically Legal Law Firm believe in strenuously protecting our client’s privacy when it comes to mental health information. While we might ask for the name of providers or therapists, we will strive to keep unnecessary records from being used as evidence. The State of Texas does not require substantial documentation for claims of mental or emotional anguish; simply making the claim is enough for the State requirements. 

3. Throughout the case, to prevent unnecessary costs, your personal injury attorney will be negotiating with opposing counsel to try and resolve your case. There are several points where this can be most effective: the beginning, before the case is formally filed; after initial discovery; after depositions; and before and after mediation. Mediation is a formal negotiation between all parties overseen by a neutral third party, usually an attorney that specializes in mediation negotiation. 

4. If attempts to negotiate a settlement fail, your case will be set for trial. Most cases do not go to trial at their first setting. The courts, while efficient, handle many different types of cases and must carefully manage their calendars. But a responsible personal injury attorney understands that trial is the goal – trial places a deadline on the offending party to settle a case at a reasonable amount.  
   • If you are seeking a personal injury attorney, make sure to choose one that understands and accepts the uncertainty of trial. Jury verdicts can be very lucrative; juries can award many more times the amount officially listed as policy limits. But a jury of twelve of your peers can also deem you “unworthy” of recovery at all. Your personal injury attorney should fully explain the pros and cons of going to trial and be prepared from Day One to ensure the jury is on your side. 

What Settlement Means for You 

Compensation for a personal injury claim is almost always money. In Texas this is limited to the maximum amount available in the covering insurance policy, unless under specific circumstances. These can be jury verdict, in the case of a wrongful death or minor child injury, or for other, case specific reasons. 

Compensation is calculated on the amount of medical treatment and bills you have received or paid for out of pocket, including what your health insurance paid; possibly property damage or other financial loss; emotional and mental pain and anguish; and possible punitive damages. 

Compensation for Economic Loss – Medical Treatment, Out of Pocket Expenses, Etc. 

Typically, you will only recover up to the maximum amount listed on the covering insurance policy, otherwise known as the policy limits. This is meant to cover any outstanding medical bills or treatment costs that you incurred due to your injuries and will be handled by your personal injury attorney at the time of settlement. After your outstanding medical treatment bills or other liens have been negotiated, your personal injury attorney will calculate the amount for expenses and fees (the amount of which can be found in your contract) and you will receive the remaining funds. 

For cases where the billing, liens, and/or fees would exceed recovery, your personal injury attorney may also file on your own insurance, if applicable. Typically, this happens in motor vehicle wrecks and the personal injury attorney will file on your uninsured (UM) or underinsured (UIM) motor vehicle insurance policy.  

Emotional and Mental Pain and Anguish 

In Texas you can make this claim even if you don’t have “hard evidence” to back it up. You are not required to hand over your private therapy, counseling, or other mental health records to make this claim for a personal injury case. However, since this is a subjective number, this amount is typically only calculated during trial – your personal injury attorney will ask the jury to ascribe an amount to your claim based on the percentage of fault they found between all parties and that the jury deems “justified”. 

Punitive Damages 

Depending on the nature of your case your personal injury attorney may also make a claim for punitive, or “punishment”, damages. This claim will be determined based on if the offending party was “grossly negligent”; a gross negligence claim is one in where the offending party was obviously overly careless and/or neglectful, to the point of almost criminal negligence. Punitive damages will be added on top of the other damages claimed. 

Deadlines to File a Personal Injury Claim in Texas 

Texas has a two (2) year Statute of Limitations on personal injury claims. For certain types of claims, like medical malpractice, this is stretched a bit: for a medical malpractice claim you have two (2) years from the date of the first noted deviation from normal standard of care. This means that if you received quality care for two years, then that care changed to become substandard, your medical malpractice claim would likely start after the care deviated from the norm. An experienced personal injury attorney will be able to review the facts of your case to better determine the true Statute of Limitations. 

Beaumont, Texas Personal Injury Attorney FAQ 

Below are some of the most frequently asked questions before starting a personal injury claims process. It is important to understand the process so that you can prepare yourself to protect your rights, even if you don’t start litigation. By understanding your rights, you better understand how to negotiate with insurance companies and what to expect should you need to turn to a personal injury attorney. 

1. How much is my personal injury case worth? 

The value of your personal injury claim will be determined through the discovery phase and based on the policy limits of the covering insurance policy. If you are severely injured with large medical bills, your claim is “worth” more than someone that only had an initial ER visit. But claims can also be capped due to policy limits and even statute; for instance, medical malpractice claims are capped at $250,000 for each offending party. Your personal injury attorney will carefully review the facts of your case, your injuries, and the insurance policies in place to determine a general “value” of your claim, though they will never promise an exact number. That number will be determined during trial or negotiation – any amount your personal injury attorney mentions will merely be a “best guess”. 

2. How long will my case take? 

At minimum personal injury cases in Texas take two (2) years. This allows sufficient discovery to be conducted to ensure all parties are included in the suit and that all necessary information has been obtained for best outcome. But this depends on the complexity of the facts, the type of case, and the number of parties involved. Be prepared for the long haul and remember – your best outcome usually comes at or during trial. 

3. What if I’m partially to blame for my injuries? 

A funny thing about liability – even if you, or another party, is partially at fault you can still make a claim. “Negligence” is the failure to take proper care of something; that can be as simple as paying attention on the road or to a child in your care, or as complex as ensuring a medical instrument isn’t sewn up into someone after surgery. So even if you or another party is partially negligent, if the true offending party has a greater “weight” of responsibility behind their decisions a claim can be made against them. 

Call Now for Your Free Consultation 

If you’ve been injured in Beaumont, Texas or surrounding areas – call now to schedule your 100% free consultation with our intake specialists. 

Don’t wait to negotiate with the insurance company; they don’t have your best interests in mind. Consulting with a personal injury attorney from The Practically Legal Law Firm will ensure that you have the right information on whether to move forward with a claim, what your options are if you don’t, and what kind of compensation you can expect. 

At The Practically Legal Law Firm, we have your best interests at heart, always. Call us now at (409)867-5309 to schedule your 100% free consultation.