If someone else’s careless or reckless actions caused you or a loved one to suffer from a head injury, a head injury lawyer in Houston, TX may be able to help you hold them accountable. You may be eligible for compensation to pay for your medical care, rehabilitation, lost wages, pain and suffering, and more.
Holding Negligent Parties Responsible for a Head Injury
If you suffered a head injury because of someone else’s negligent or unreasonable behavior, Texas law allows you to hold them responsible for the damages they caused. We can help you file an insurance claim or a personal injury lawsuit to help you pay for your treatment, therapy, and other costs associated with overcoming a head injury.
- Miller & Associates, PLLC is here to help you. We will review your case and explain if we believe you have a valid claim for compensation. We may be able to help you hold the liable party responsible, recovering the money you need to cover your losses.
Call our Houston office today at 713-850-8600 to schedule your free case review and consultation. We can answer your questions and address your concerns.
Recoverable Damages in a Houston Head Injury Case
Because the severity of head injuries can vary so widely, the value of a head injury insurance claim or lawsuit payout can as well. Depending on your own injuries and prognosis, some of the damages that may be available to you after winning a Houston head injury case include:
- Medical expenses
- Inpatient rehabilitation
- Outpatient therapies
- Ongoing care costs
- Lost wages
- Diminished earning capacity
- Property damage
- Any prescribed adaptive equipment
- Most related out-of-pocket costs
- Pain and suffering
Recovering Compensation for Your Houston Head Injury
Different laws may apply to your head injury case depending on how your injuries occurred and who caused them. With different laws in play, these cases can sometimes be complex. It is hard to know which rules apply, but we will review your case and determine the right route to get the compensation you need.
We may need to apply a number of laws and statutes, including:
- Personal injury laws
- Automobile accident liability laws
- Premises liability laws
- Medical malpractice laws
- Strict liability doctrine for defective products
- Vicarious liability doctrine
- Sovereign immunity laws
We will explain the laws and burden of proof required to win your case, and put a plan in place. In most cases, this will include:
We will investigate the circumstances surrounding the accident that lead to your head injury. This will allow us to identify all liable parties, understand how and why your injuries occurred, and prove your full range of damages. During the investigation, we will likely:
- Get copies of the police report or other reports filed by first responders.
- Have a survey team document the site of the accident, including hazards that may have contributed to your injuries.
- Analyze witness statements and conduct interviews if necessary.
- Identify any available videos or photos of your accident.
- Work with accident reconstruction specialists.
- Request a copy of your medical records to document your head injury.
- Meet with medical experts who can help us understand your injuries and any lasting impairments.
- Collect your bills, receipts, and any other documentation that proves the full value of your expenses and losses.
Filing the Insurance Claim
After we conclude our investigation, we will usually file an insurance claim based on the at-fault party’s liability insurance policy. This could be auto liability insurance, homeowner’s insurance, business liability insurance, or another type of coverage depending on how your Houston head injury occurred.
In general, the insurance company will enter into settlement negotiations with us in response to our claim. They know we have a strong case against their policyholder, but they do not want to pay out more than they have to.
However, we will fight aggressively for a fair payout based on your losses. In most cases, the case ends in a fair settlement agreement with the insurance company. We sign an agreement that waives your right to further legal action, and they issue us a check in the amount we agreed on.
Litigating the Case
If the insurance company will not offer a fair settlement agreement, we may need to file a personal injury lawsuit against the liable party. This will allow us the opportunity to present our evidence to the judge and request an award based on the facts of your case and value of your damages.
Statute of Limitations for Filing a Civil Suit Based on Your Texas Head Injury
Texas law puts a deadline on filing a personal injury lawsuit 24 months after the date of your head injury. The court will likely bar you from taking the liable party to court after this date, no matter the strength of your case.
This deadline applies only to filing suit, and does not apply to compensation through an insurance claim. However, it may be more difficult to negotiate a fair settlement agreement if you cannot use a lawsuit as leverage.
It is also important to note that the time limit for taking action is not two years in all cases. When the liable party is a government agency, you will need to take action much sooner. If the victim is under the age of 18, the law postpones the deadline until they reach age 18. This means they have until they turn 20 to file a lawsuit.
Talk to a Head Injury Lawyer in Houston, TX About Your Case
A head injury lawyer in Houston, TX at D. Miller & Associates, PLLC may be able to help you recover compensation and hold the negligent party who caused your head injury responsible for their careless or reckless actions. We will review your case, and file an insurance claim or a personal injury lawsuit for you if we believe you have a strong case for recovering compensation.
We can help you understand your rights after suffering a Houston personal injury. Our case reviews and evaluations are always free, and we handle these cases on a contingent basis. Call our office today at 713-850-8600 to talk to a head injury lawyer in Houston, TX.