Dedicated Houston Personal Injury Lawyers

What is a Personal Injury?​

The term “personal injury” is a broad one that encompasses various types of injuries that can affect a person and cause harm. According to the Cornell Legal Information Institute (LII), Texas personal injury law includes “every variety of injury to a person’s body, emotions, or reputation,” and personal injury lawsuits typically arise under theories of negligence, strict liability, or intentional wrongs or intentional torts. The American Bar Association (ABA) explains that personal injury law is sometimes known as tort law, and it is “designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act.”

Getting the Facts About Personal Injuries in Houston

What do you need to know about personal injuries, including common types of harm and how they occur? The following facts and figures come from the National Safety Council (NSC):

• More than 200,000 preventable fatalities occur in the U.S. every year;
• More than 55 million people sustain nonfatal injuries in the U.S. annually;
• Personal injuries cost approximately 1,158.4 billion in a given year;
• Personal injuries and fatalities occur in a range of locations, with more than 56 percent of all fatal injuries occurring in home settings, more than 21 percent in public settings, and more than 20 percent in motor vehicle accidents, and about 10 percent in workplaces; and
• Risky behaviors commonly cause injuries and fatalities, including drug and alcohol use, and hazardous driving behaviors like speeding and failing to wear a seat belt.

Types of Case Our Houston Personal Injury Attorneys Handle

At The Stano Law Firm, we represent clients in many different types of personal injury cases, including but not limited to the following:

• Car accidents;
• Truck accidents;
• Bus accidents;
• Motorcycle crashes;
• Bicycle accidents;
• Pedestrian accidents;
• Slips and falls;
• Workplace injuries; and
• Wrongful death.

If you have sustained injuries and you believe another party could be responsible, it is important to have an experienced personal injury attorney in Houston evaluate your case to determine whether you may be eligible to file a personal injury claim. In a Houston personal injury case, you may be able to recover damages for medical bills, lost wages, physical pain and suffering, mental anguish, emotional distress, and loss in quality of life.

Why Choose Houston Personal injury Attorney Mathew Stano to Handle Your Case?

Mathew Stano brings a wealth of experience as a former Texas prosecutor, a seasoned Texas trial attorney, and an expert truck accident lawyer. His expertise in personal injury trial law is underscored by his board certification and reputation as a trial lawyer. His impressive background includes recovering millions of dollars for his clients and active membership in the Texas Trial Lawyers Association. Mathew’s reputation as a formidable trial attorney offers a significant advantage to our clients. Insurance companies know that if they fail to present a reasonable settlement offer, Mathew is fully prepared to take the case to trial.

When you choose The Stano Law Firm for your personal injury case, you can trust that your case is in experienced and capable hands. Our goal is to ensure you receive the maximum compensation possible, providing you with the time and peace of mind needed to focus on your recovery. Contact our Houston office anytime to discuss your injuries. The consultation is free, and we only get paid if you win.

Steps to Take After a Personal Injury in Houston

What should you do after you have sustained a personal injury in order to preserve your ability to obtain financial compensation in a lawsuit or insurance claim? The specific steps that you will need to take will depend upon the type of accident or circumstances in which your injury occurred. Generally speaking, however, the following steps will be important for any type of personal injury case that you plan to file:

• Document the scene where the injury occurred. While some injuries may be so severe that documenting the scene is impossible, if you are able to do it, you should take photographs of the area where you sustained the injury. You should capture images of the specific area where the injury occurred, as well as a longer shot that depicts the broader area. It is also important to take pictures of your injuries for documentation.
• Identify witnesses and ask for contact information. You may need to seek information from witnesses to help support your version of the events when you file an injury claim for compensation.
• Seek medical attention as soon as possible. Even in accidents where you might not think that you have a serious injury that requires immediate attention from a health care provider, it is critical to keep in mind that many types of injuries do not immediately have obvious signs and symptoms. In some cases, signs of serious and potentially catastrophic injuries like traumatic brain injuries (TBIs) or spinal cord injuries (SCIs) may not show up immediately, but they are much more likely to be treatable with immediate medical care.
• Get in touch with a Texas personal injury attorney who can help. For next steps in your case, whether it is speaking with the insurance company or moving forward with a claim, you will want to have an experienced personal injury lawyer on your side who can guide you through the legal process.

Should I File an Insurance Claim or a Lawsuit?​

You may be wondering whether you should file an insurance claim or a lawsuit after a personal injury. It will depend upon how your injury occurred and the general circumstances surrounding your case. Many auto accident injuries, including injuries arising out of car and truck accidents, trucking and all motor vehicle collisions, will begin with an insurance claim. However, other types of personal injury cases may begin with a lawsuit. Your Houston personal injury attorney can provide you with more details after assessing the particular facts of your case.

Types of Injuries Handled by The Stano Law Firm

At The Stano Law Firm, we specialize in handling a wide range of personal injury cases, including those involving catastrophic injuries. Our expertise encompasses various severe and life-altering injuries. We are dedicated to providing compassionate and effective legal representation to ensure our clients receive the compensation they deserve. Our team is experienced in managing cases involving:

• Severe whiplash
• Debilitating lower back injuries
• Broken bones
• Traumatic brain injuries (TBIs)
• Concussions

In addition to these, we represent clients who have suffered from other significant injuries such as:

• Third-degree burns
• Electrocutions (electric shocks)
• Amputations (arms and legs)
• Spinal cord damage leading to paralysis

At The Stano Law Firm, we understand the profound impact these injuries can have on your life. Our goal is to provide you with the support and legal expertise needed to navigate your recovery and secure the compensation you need for your future.

Common Damages in Houston Personal Injury Lawsuits

In a personal injury case in Houston, an injured claimant or plaintiff usually can be eligible to seek compensatory damages. The category of compensatory damages is for compensating a victim for their losses, and compensatory damages include both economic and noneconomic damages under Texas law. Here is how the statute defines each of those types of compensatory damages:

• Economic damages “means compensatory damages intended to compensate a claimant for actual economic or pecuniary loss,” and common examples include damages to cover the cost of hospital and other medical bills, or lost wages; and
• Noneconomic damages “means damages awarded for the purpose of compensating a claimant for physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, injury to reputation, and all other nonpecuniary losses of any kind other than exemplary damages.”

What are exemplary damages? In some cases, an injured person may be able to seek exemplary damages, which are also commonly known as punitive damages. Texas law defines exemplary damages as “any damages awarded as a penalty or by way of punishment but not for compensatory purposes.” In other words, exemplary damages are intended to punish a defendant for especially harmful or reckless behavior.​

Proportionate Responsibility in a Houston Personal Injury Lawsuit: What is It and How Can It Affect Your Case?​

What will happen if you are partially at fault for your personal injury, but another party is also to blame? Many states have laws that discuss this issue in terms of “comparative fault” or “contributory negligence,” or some version of those terms. In Texas, it is known as “proportionate responsibility.” In short, under Texas’s proportionate responsibility law, a plaintiff or claimant can still recover damages as long as they are not more than 50 percent at fault for their injuries. As long as an injured person is 50 percent or less at fault, they can recover damages by filing a claim, but their damages award will be reduced by their portion or percentage of fault. Once an injured person is 51 percent or more at fault, however, they will be barred from recovery.

Statute of Limitations for a Houston Personal Injury Claim

In most cases, filing personal injury lawsuits in Texas must be within 2 years from the date of the injury with limited exceptions. You should seek advice from an accident lawyer as soon as possible to ensure that you file your claim on time. If you do not file a lawsuit within that two-year window, your claim can become time-barred.​

Contact the Best Personal Injury Lawyer in Houston​

Were you injured in an accident, or did you recently lose a loved one because of another party’s negligence or intentional wrongdoing? You could be eligible to file a claim in order to seek financial compensation for your losses while holding the at-fault party accountable for the harm they have caused. Personal injury cases are often extremely difficult for the plaintiff to focus on when pain and suffering, and the frequency of medical care, are so constant. Yet our Houston personal injury lawyers want to emphasize how important it is to consider a claim when you are facing significant losses because of another person’s carelessness. 

While it might seem impossible to think about moving forward with a lawsuit when you have doctor’s appointments and are focusing on physical and mental recovery, you should remember that a lawsuit may provide you with the compensation you need to cover your health care costs and to make up for wages you have lost due to your disabling injury. Are you wondering, “where do I find a personal injury lawyer in Houston?” Contact the best personal injury lawyer in Houston at The Stano Law Firm today for more information about how we can assist you.

PERSONAL INJURY FAQS

1. How do I prove a Texas personal injury case?

 Most accidents occur because someone was negligent, but the term has a special meaning in the legal field. Negligence is a theory of liability for personal injury cases that requires you to prove four essential elements:

1. The at-fault party owed you a duty to exercise reasonable care and not create a risk of harm.

2. That person or entity breached this legal duty through unsafe actions and misconduct.

3. The breach of legal duty was the direct cause of the accident in which you were injured, such that you would not have been hurt but for the failure.

4. You suffered physical, financial, and emotional losses because of being hurt.

Texas personal injury laws also cover intentional misconduct that cause injuries, such as criminal attacks and assault. There are fewer elements to prove, so you must show that the offender committed the act, and you suffered injuries as a result.

2. What are examples of negligence in accident claims?

 You can better understand the underlying principles of when you review some of the most common types of negligence in accident cases. The Houston personal injury lawyers at the Stano Law Firm handle a wide range of claims, including:

· Car collisions caused by speeding, drunk driving, and running red lights

· Motorcycle crashes that often happen because of driver inattention

· Pedestrian and bicycle accidents, typically the result of distracted driving and failure to yield

· Commercial truck collisions, which may occur due to typical traffic violations as well as violations of trucking regulations

· Slip and falls and other accidents that happen because a property owner failed to keep the premises reasonably safe

· Claims for work injuries and occupational diseases

· Wrongful death cases, in which surviving loved ones have a claim after a family member was killed in an accident

3. Can I recover compensation for accidental injuries?

 If you have sufficient proof regarding the four essential elements described above, you may qualify for various types of monetary damages. Compensation is intended to make a victim whole after an accident, at least as much as practically possible. There are two classes of damages that apply in most personal injury cases:

1. Economic Damages: Some losses are tangible, definite, and have a dollar amount attached. A large percentage of compensation in an accident claim will be medical costs for surgery, emergency treatment, hospitalization, pain medications, and other care. You may also qualify to obtain amounts for your lost wages and out-of-pocket costs for treatment.

2. Noneconomic Damages: You sustain other losses when injured that are not as definite, but you definitely endure hardship. Noneconomic damages are your personal, subjective losses, such as pain and suffering, emotional anguish, and diminished quality of life.

4. What are Texas laws on wrongful death cases? 

When an accident is fatal, there is a legal remedy available to the deceased person’s family members. A wrongful death claim aims to compensate survivors for the losses they sustain due to their loved one’s passing. To recover monetary damages, you must have evidence of the four essential elements of negligence as you would in an injury claim.

However, there is an additional element: You must have standing to sue, meaning you must have legal authority under Texas law. The matter of standing comes down to timing:

· If you are the surviving spouse, a parent, or a child of the person who was killed, you can file a lawsuit within the first three months after death.

· Beyond three months, the decedent’s personal representative has the power to sue. This is an individual named in a will or appointed by the probate court.

In a wrongful death claim, it is possible to recover for the deceased person’s medical expenses, funeral, and burial costs. Survivors may also obtain amounts for lost financial support, contributions, emotional guidance, education, and other losses.

5. How do I recover compensation after an accident? 

With many personal injury matters, your first step will be filing a claim with the at-fault party’s insurance company. Home, property, and business owners carry policies to protect their interests in the event of an accident, and motorists are required to have auto insurance by Texas law. You might expect that the claims process is just filling out forms, but keep in mind that insurers are in the business for profit. Many companies deny claims or counteroffer a lowball amount to protect their own bottom line.

If the insurance company will not agree to pay a fair amount in settlement discussions, the next step in the legal process is going to court. You start a lawsuit by filing a complaint and going through the pretrial stages, and eventually your case is scheduled for trial.

6. Is there a time limit on suing after an accident? 

Yes, Texas has a statute of limitations for personal injury cases, like all other US states. You have two years to file a lawsuit in court, and the clock starts on the date of the accident. A notable exception is wrongful death cases, in which the statute of limitations begins to run on the date of death. Another scenario involves children who are injured in accidents, who are under a legal disability and do not have the capacity to sue. In such a situation, the clock begins to run on the date the victim turns 18 years old.

If you fail to initiate litigation before the deadline expires, you are forever barred from suing for monetary damages. The two-year statute of limitations may seem like a long time, but keep in mind that settlement negotiations with an insurance company can be time-consuming.

7. Are there any other limitations on personal injury claims? 

Another factor that could affect your case is the Texas rule on comparative negligence, which focuses on your own conduct in an accident. If you also breached the duty to exercise reasonable care, there are implications for your monetary damages. The concept is also termed proportionate responsibility because it serves to reduce your compensation by the percentage of fault assigned to you.

8. Do I need a lawyer to help with a Texas personal injury case? 

There is no rule that requires you to hire an attorney, but retaining legal counsel should be a priority. Without a background in law, you are at a disadvantage in dealing with the insurance company and proceeding to litigation. You can expect that the insurer has a large legal department and healthy budget for defending your claim, so you level the playing field when you have a lawyer on your side.

The Stano Law Firm is prepared to support you throughout the legal process. You can rely on our Texas personal injury attorneys to handle such essential tasks as:

· Gathering evidence to show fault and defend claims of comparative negligence

· Reviewing your medical records

· Completing a demand package for the insurance company, in which you request payment and provide all evidence of your losses

· Engaging in negotiations with the insurer in an attempt to settle out of court

· Representing you during mediation, a process in which a trained mediator works with both sides to come together on agreement

· Filing a lawsuit and assisting with all stage of litigation

9. What Should I Do After an Accident in Houston?

Were you hurt in an accident in Houston? It is imperative that you take immediate action to protect your health/safety and your legal rights. A proactive approach to personal injury claims is a must. Here are four steps to take after a serious accident in Southeast Texas: 

• Get Immediate Medical Care: All physical injuries require immediate medical attention from a licensed doctor. You should seek medical care right away after a major accident. You need prompt care to put yourself in the best position to make a full physical and mental recovery. Beyond that, you cannot bring a claim in Texas without medical records. 
• Report the Accident: An accident should be reported to the proper parties. A motor vehicle collision needs to be reported to law enforcement. A slip and fall accident should be reported to the responsible business or property owner.  
• Document the Accident and Your Injuries: The more documentation you have, the better position that you will be in to bring a successful personal injury claim. Gather evidence of the cause of the accident and the nature/severity of your injuries. 
• Consult With a Lawyer Before an Insurer: Personal injury claims in Texas are complicated. Too many injured victims struggle to get the full and fair compensation that they deserve. Before you give a statement to an insurance adjuster, be sure to speak to an experienced Houston personal injury attorney. 

10. How Do I Know If I Have a Personal Injury Claim Texas?

Do you want to know if you have a personal injury claim in Texas? You should consult with a top Houston personal injury attorney. To ascertain whether you have a valid personal injury claim in Texas, your lawyer will review a number of different specific issues, including: 

• The cause of the accident, including the other party’s negligence; and
• The extent of your injuries, including your economic/non-economic damages. 

You should be aware of the statute of limitations in Texas for filing a personal injury claim. Compile all relevant evidence, including medical records, accident reports, and statements from witnesses. A Houston personal injury attorney can help you navigate all aspects of the legal claims process. 

11. Can I Get Financial Compensation for My Pain and Suffering in Texas?

Yes—or at least it is possible to do so when certain criteria are met. To pursue this, you must demonstrate the extent to which the injury has affected your life, encompassing physical pain, emotional distress, and a decline in the quality of life. 

It is important to emphasize that quantifying pain and suffering damages can be challenging. You do not have to figure out the total value of your case alone. An experienced Houston, TX personal injury lawyer can help you determine the proper value of your pain and suffering and your case as a whole. 

Unfortunately, insurance companies often try to undervalue pain and suffering. Remember that the negotiations with defendants and their insurers are often a critical part of this process. The right lawyer can make the difference. 

12. How Does Modified Comparative Fault Work in Texas?

Multiple parties may share fault for the same accident in Houston. In fact, even the victim may bear partial fault for their own accident. Under Texas law (Tex. Civ. Prac. & Rem. Code Ann. § 33.001), personal injury cases fall under a modified comparative fault system. The compensation you can receive—whether through a verdict or a settlement—will be reduced by the percentage of fault attributed to you in the accident.

For example, if you are deemed 30 percent at fault in a car accident in Houston and you suffered $100,000 in total damages, your recoverable compensation would be reduced to $70,000. You would be liable for 30 percent of your own damages. However, as Texas is a modified comparative negligence state, you cannot recover any financial compensation through a personal injury claim if you are found to be 50 percent or more at fault for your own accident. 

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