Pearland Personal Injury Attorney

Helping Injured Clients Protect Their Right to Recover Fair Compensation

In Texas, individuals injured or who have sustained damages due to someone else’s negligent actions may be entitled to compensation for their losses. Personal injury victims who have suffered serious injuries may be able to obtain compensation by filing a civil claim to try and recover damages for medical expenses, lost wages, and pain and suffering.

However, it is up to the injured party to prove that their losses occurred due to another party’s breach of duty of care. Sometimes, an insurance company may try to deny or undervalue a personal injury claim, making it challenging for the injured party to pay bills and support themselves.

Due to legal complexities associated with personal injury claims, hiring an experienced personal injury lawyer to assist you with the accident claims process is always wise to ensure you receive a fair settlement.

The Kahn Law Firm, P.C. of Pearland, TX, has personal injury attorneys who can provide the legal representation you need to hold the responsible party accountable for your injuries.

Contact our criminal defense and personal injury law firm today to schedule a free consultation so that we may discuss your personal injury case and determine what legal strategies will best suit your needs.

What Constitutes a Personal Injury Case in Pearland, Texas?

A personal injury can happen when one party is hurt and sustains damages due to another party’s reckless or negligent actions. Negligence is a critical component in any personal injury case. Under Texas law, negligence is understood to be the leading cause of an accident or hazardous situation that could have (or should have) been prevented if the responsible party had not breached their duty of care to the injured party.

To be more specific, Texas state law stipulates that negligence is the failure to use ordinary care or act as a reasonable person would do given the same circumstances.

A wide variety of situations can be classified as personal injury. Some of the most common types of personal injury claims stem from car accidents and other motor vehicle accidents.

Other frequently reported personal injury claims include:

When a personal injury victim can successfully prove they were hurt due to someone else’s negligence, they may be entitled to compensation.

However, understanding the Texas laws that dictate what constitutes a personal injury can be overly complex depending on the circumstances involved in the case and potential multiple liability issues.

Contact our Pearland personal injury law firm to schedule a free initial consultation to learn more about our legal services and how our personal injury attorneys can help.

What Is a Breach of Duty of Care in Pearland?

A key component of negligence-based cases is a factor called a ‘breach of duty of care.’ In certain situations, such as driving on a public roadway, visiting a place of business, or being a guest at a private Pearland residence, those in control of their vehicle (or their properties) are expected to act in a sensible, reasonable manner to protect themselves and others from harm.

For example, a motor vehicle driver has a duty of care to their passengers, other drivers, and roadway users. If a driver engages in reckless behavior, such as speeding or violating traffic laws, and their recklessness results in an accident with injuries to others, that driver may have breached their duty of care and thus may be held liable for the other party’s injuries and damages.

Legal elements that the plaintiff must prove in breach of duty include:

Duty of care: The defendant owed the plaintiff a duty of care that any reasonable person would use in the same given situation
Breach of duty: The defendant breached their duty of care by failing to exercise reasonable care
Cause, in fact: The plaintiff must prove that the defendant’s breach of duty resulted in their injuries
Proximate cause: The plaintiff must prove that the defendant should reasonably anticipated or foreseen that their actions or lack thereof could lead to an individual suffering a personal injury
Damages: The plaintiff must have suffered damages such as physical injuries or property damage to prove negligence

If you need further clarification regarding the legal elements involved in breach of duty of care, contact our Pearland personal injury lawyers so that we may answer your questions about your claim.

What Type of Damages Can a Personal Injury Victim in Pearland Recover?

Once a personal injury victim proves that the other party is at fault for their injuries, the at-fault party may be financially liable for the victim’s damages. The victim may seek reimbursement through economic or monetary damages for out-of-pocket expenses. Similarly, a victim may also pursue compensation for non-economic damages for intangible losses such as pain and suffering.

Economic Damages

Economic or monetary damages are the financial losses and bills resulting from the accident, injury, and recovery process. Common monetary damages often include:

Medical bills
Lost wages
Loss of earning potential
Property damage, including the cost of repairing or replacing a damaged vehicle

Accident victims may be able to recover compensation for additional medical expenses, including physical therapy, rehabilitation, or modifications to their home to accommodate medical equipment.

Non Economic Damages

Our experienced lawyers also recognize that an injury caused by someone else often leaves more than just financial losses. That being the case, most personal injury victims may also seek compensation for non-economic damages, sometimes called pain and suffering. Pain and suffering damages may include:

Emotional trauma
Loss of enjoyment of life
Permanent disfigurement and scarring

An experienced personal injury attorney from our Pearland, Texas law firm can professionally evaluate your personal injury case to determine the appropriate compensation that adequately meets your needs.

Can a Personal Injury Case Be a Criminal Case?

Civil tort law addresses personal injury cases, which means they are dealt with in a civil court. A civil court cannot prosecute defendants or sentence them to prison time. Instead, the goal of a civil case is to hold the defendant financially responsible for the damages they may have caused to the victim (the plaintiff) and allow the plaintiff to receive compensation for their losses.

Another key difference is that a prosecutor initiates a criminal case, and it is up to the state to provide the evidence needed for a conviction. In a civil case, the burden of evidence falls on the plaintiff. Nevertheless, a personal injury case can take place at the same time as a criminal case.

For example, if someone lost a loved one due to wrongful death due to an accident caused by a drunk driver, that driver may be facing criminal charges. However, even if that person is sentenced, the decedent’s surviving relatives will not typically receive any type of payment to cover final expenses and other losses.

For that reason, the decedent’s family may initiate a wrongful death case in a civil court. In some cases, a civil court may punish a defendant for gross negligence by ordering that defendant to pay punitive and standard damages. Punitive damages are a civil court’s way of penalizing the defendant for their behavior and discouraging similar behavior from happening again. Not every case qualifies for punitive damages, so it is best to speak to an personal injury attorney to discuss what damages apply to your personal injury case.

Will My Personal Injury Case Have to Go to Trial?

One of the most common concerns for personal injury victims is whether their case may have to go to trial to be resolved. Unfortunately, the litigation process can take a significant amount of time to finish, often leaving accident victims struggling to meet their financial needs and receive necessary medical treatment.

As a result, one of the most critical steps in the claims process is to hire an experienced personal injury attorney who acts as your legal advocate with the insurance provider. However, most personal injury claims are settled out of court through negotiations with the insurance company.

The Kahn Law Firm, P.C., has personal injury lawyers with extensive experience dealing with insurance providers. Our legal team will work tirelessly to help you recover maximum compensation for your injury claim. Our Pearland personal injury lawyers will evaluate your medical records, witness testimony, and video evidence to build a solid personal injury case on your behalf.

If the insurance company is unwilling to offer a fair settlement for your injuries initially, it may be necessary to utilize alternative dispute resolution methods. However, after all other legal avenues have been exhausted, our attorneys are prepared to file a personal injury lawsuit to help you recover appropriate compensation and give you the peace of mind you deserve.

Why Should I Let a Pearland Personal Injury Lawyer Deal With the Insurance Company?

If you have sustained injuries due to another person’s negligence, it is always wise to hire an experienced personal injury lawyer who will assist you with filing a claim. One of the most significant advantages of having a personal injury lawyer is that you will act as your legal advocate with the insurance provider.

Once you file a claim, an insurance adjuster will contact you to discuss your case. Often, the adjuster will ask a personal injury victim to give a recorded statement providing details regarding the accident. The insurance adjuster may tell the claimant that the claim can be resolved quickly if they consent to give the recording.

However, most accident victims are unaware that the Texas legal system allows insurance providers to use a personal injury victim’s statement against them to try and deny or devalue a claim. Additionally, insurance companies are typically more concerned about profits and try to avoid large payouts. Insurers have teams of lawyers on their side whose only task is to look for loopholes to try and deny claims.

For these reasons, you should never try to deal with the insurance company independently. Our Pearland law office can provide you with skilled legal counsel to ensure the negligent parties are held responsible for your injuries.

Why Should I Work With a Pearland Personal Injury Lawyer?

When you are hurt due to someone else’s negligence, your world may seem like it has turned upside down, and it may be hard to know what steps to take or how to get compensation for your losses. To make things worse, sometimes you may be dealing with an insurance company that will do all it can to pay you as little as possible.

The Kahn Law Firm, P.C. will work with you through every step of the legal process involved in filing a personal injury claim. Whether you have been injured in a car accident or suffered workplace injuries, we will stand by your side from start to finish. In today’s times, where insurance carriers are more dedicated than ever to denying claims to protect their bottom line, you need an experienced lawyer to fight for your rights.

Our personal injury lawyers have earned a well-deserved reputation for helping injured victims recover maximum compensation so they can confidently face the future.

When you let the Kahn Law Firm, P.C. handle your personal injury case, you can rest assured that we will protect your rights and fight for the maximum compensation you deserve. Contact our Pearland, Texas office at 713-999-6549 to schedule a free, no obligation consultation to see how we can help.