Most successful personal injury claims prove a degree of negligence, meaning the defendant owed the plaintiff a duty of care; breached  this duty of care; caused injury as a result of the breach of duty of care; and caused the plaintiff to suffer damages resulting from this injury.

In personal injury cases in Texas, the plaintiff must therefore establish that:

• a legal duty of care by defendant, in fact, existed
• the defendant did indeed breach this duty
• a causation exists between the defendant’s breach of duty and the plaintiff’s suffering
• the plaintiff incurred damages due to the suffering caused by the defendant

Whether you suffered a painful dog bite as a result of a pet owner failing to control his animal, or lost a loved one due to an inattentive physician who failed to adequately perform his duty, Lowe Law, PLLC helps you get your day in court!

For the majority of personal injury lawsuits in Texas, the maximum time that can pass between the actual injurious event and a claim being filed (referred to as statute of limitations in legal terms) is two years. 

There are, however, exceptions, for example when a minor child was victimized or when the plaintiff didn’t recognize the damage done to him until a later time — as is often the case with medical malpractice suits and product liability cases. 

To ensure you don’t miss this very important deadline, call Lowe Law, PLLC immediately after suffering an injury caused by someone else’s negligence. 

In Texas, a judge or jury are tasked with considering several types of possible damages separately when they decide whether to award damages to a personal injury plaintiff. 

MEDICAL EXPENSES

If the injury necessitated a visit to a doctor or hospital, the court will consider holding the defendant liable for your medical bills and determine the amount based on what you paid for your treatment. 

PAIN AND SUFFERING

If you were seriously injured, you likely experienced severe pain and suffering as a result of defendant’s actions or inaction. Texas courts take the pain and suffering you already experienced, and possible the pain and suffering you may experience in the future, into consideration when determining the amount of money you should be awarded.

MENTAL ANGUISH

Although anger, worry and embarrassment alone don’t  qualify as mental anguish, severe distress and mental pain caused by the injurious event you experienced might. Your personal injury attorney will help you document and produce evidence for the mental anguish you suffered.

LOST WAGES

If the personal injury event caused you to miss work because of doctor’s appointments or hospitalization, you may be reimbursed for the salary or wages you lost on medical treatment and healing.

LOST EARNING CAPACITY

Lost earning capacity means your ability to earn the same level of income you received prior to the personal injury event has decreased as a result of the injury. If you can no longer perform the work you once did for the same amount of pay, or your future career prospects are inhibited due to the injury you suffered, the court will consider awarding an amount to compensate for this loss of earning capacity.

PHYSICAL IMPAIRMENT AND DISFIGUREMENT

Some injuries lead to permanent disability or disfigurement, resulting in turn in a loss of enjoyment of life. Texas courts take this reduction in quality of life into consideration when calculation the amount of money you can recoup from your personal injury lawsuit.

CONSULTATION

Your personal injury lawsuit starts with a consultation with a personal injury attorney. At Lowe Law, PLLC we’re equipped with the compassion, knowledge, and passion it takes to see a personal injury civil suit to fruition. Your initial consultation is free.

CLAIMS FILING

Your attorney will help you fill out the necessary paperwork correctly to avoid delays and complications in the legal process. He will then file the required claims documents with the court. 

COLLECTION OF EVIDENCE

Next, your attorney will conduct an investigation into the facts of your personal injury case, interview potential witnesses, and conduct research on the legal aspects of your case. The evidence your lawyer gathers will help him build a case that supports your version of events. 

DISCOVERY

This steps involves the exchange of information between the opposing parties. Your attorney and the defendant’s lawyer will work together to establish agreed-upon facts, which makes the actual court proceedings more efficient and quicker. 

PRE-TRIAL MOTIONS & HEARINGS

Pre-trial motions are filed prior to your personal injury trial and may involve issues like the admission of certain pieces of evidence, requests by the defendant to dismiss the civil suit, and other written legal wrangling before the trial gets underway.  

In an effort to make a fair decision, the judge may call a hearing to further discuss the pretrial motions with the attorneys.

SETTLEMENT NEGOTIATIONS

This is the phase before the trial when the parties try to come to an agreement without a judgement by the court. During settlement negotiations, the plaintiff’s and defendant’s attorneys will attempt to find common ground and a solution to the dispute that is acceptable for both of their clients. 

If no settlement can be reached, the case proceeds to trial. 

PERSONAL INJURY TRIAL

At trial, your personal injury lawyer will present your case and all relevant evidence to the judge or jury. The attorneys for both parties will interview witnesses on the stand, argue their case, and represent their respective client’s interest. Finally, the judge or jury will decide whether the plaintiff offered enough proof of personal injury and determines the judgement that will be awarded. If no award is forthcoming, your attorney will help guide you through the appeal process.

Texas courts use the “multiplier method” to determine the judgement amount in personal injury cases.

First, the court assesses the sum of economic and non-economic damages the plaintiff suffers. Economic damages — such as medical bills, rental car expenses, etc. — are the financial losses the plaintiff incurred as a result of the injurious event. Non-economic damages are the “invisible” damages like emotional or psychological trauma, or the loss of companionship when a loved one dies.

Second, the judge or jury decide the severity and duration of the damages done to the plaintiff. Each economic and non-economic aspect of the plaintiff’s pain and suffering is then multiplied by a factor of 1-5.

When Lowe Law, PLLC offers to represent you in a personal injury case, there is no cost to you whatsoever unless and until you receive a judgement award. Even your initial consultation is free of charge. 

Once a judgement amount is awarded in your favor, Lowe Law takes a previously agreed-upon percentage of the win. 

Call Lowe Law, PLLC today for a no-obligation, free personal injury consultation!