An injury can be a life-altering event, disrupting not just your physical well-being but also causing emotional stress and financial burdens. The aftermath can be a confusing and complicated time as you deal with medical treatments, lost wages, and legal complexities.
If you find yourself in such a situation, Linebaugh, Dority & Allen, P.C. can help you hold the at-fault party accountable. With a proven track record in personal injury law, our attorneys are committed to helping you secure the compensation you rightfully deserve. Schedule a free consultation with one of our La Porte personal injury attorneys today to explore how we can assist you.
Why Choose Linebaugh, Dority & Allen?
- Our firm is dedicated to securing maximum results for our clients. Over the years, we have secured millions of dollars in settlements and jury verdicts.
- Our founding attorney Dan Linebaugh holds the distinction of Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization, an accolade achieved by only 2% of attorneys in Texas.
- We meticulously handle a select number of cases, ensuring each client receives the dedicated, hands-on attention he or she deserves from our attorneys.
How Much Does a Personal Injury Lawyer in La Porte Cost?
In La Porte, as in many places across the country, personal injury lawyers typically work on a contingency fee basis. This means that they don’t charge any upfront fees for their services. Instead, they only get paid if they settle or win your case at trial and you receive compensation.
When this happens, they are then paid a percentage of your award, typically between 30 and 40 percent. This means you never have to pay anything out of your own pocket.
This arrangement aligns your interests with those of your lawyer; both parties are very motivated to reach a successful outcome. The contingency fee arrangement gives individuals who may not have the means to afford hourly legal fees access to high-quality legal representation. It eliminates financial risk for clients, as they do not incur any charges if their case is unsuccessful.
Beyond the contingency fee that is paid out from your settlement or award if you win your case, there may be other fees involved in pursuing a personal injury claim. These can include court costs and filing fees, expenses for gather evidence and consulting with expert witnesses, and other costs related to the case.
In some cases, the client is responsible for these expenses regardless of the outcome of the case, while in others, the client pays absolutely nothing unless the case is successful.
Always discuss this with your attorney up front so you know what to expect going forward.
What is the Statute of Limitations in La Porte Personal Injury Cases?
In Texas, the statute of limitations for most personal injury cases is two years. This means you have two years from the date of your injury to file a lawsuit in court seeking damages for any harm caused.
Missing this deadline typically forfeits your right to seek compensation through court action. Courts are strict about this timeframe, rendering claims invalid if filed after the expiration date.
Exceptions to The Deadline
However, there are exceptions that can extend or pause the clock on this time limit. For instance:
- If a victim is a minor at the time they are injured, the clock does not start running until they turn 18. This gives them two years from their 18th birthday to initiate legal action.
- Additionally, if the defendant temporarily leaves Texas after causing an injury but before a lawsuit can be filed against them, this absence could pause the clock, restarting upon their return to allow for a fair pursuit of justice.
- Another exception is when the injury is not immediately discoverable or it’s not possible to know that the injury was a result of someone else’s negligence. If you couldn’t have reasonably known about your injury or its cause until after the statute of limitations expired, you could have extended time to file your claim.
The statute of limitations can seem straightforward but is very nuanced because of the exceptions that exist. The best way to determine when you can file your claim and ensure you don’t miss the deadline is to speak with a personal injury lawyer as soon as possible after your injury.
Types of Personal Injury Cases We Handle
A personal injury lawsuit aims to provide financial relief to individuals who have suffered injuries due to the negligence or intentional actions of others. At Linebaugh, Dority & Allen, our attorneys represent La Porte residents who have suffered injuries in a wide range of accidents, holding negligent parties accountable.
The personal injury claims that we handle include but are not limited to:
- Motor vehicle collisions
- Slip and fall accidents
- Pedestrian accidents
- Truck accidents
- Catastrophic injuries
- Uber and Lyft collisions
The Value of a Personal Injury Settlement in Texas
In Texas, you may recover various types of damages in a personal injury settlement. These can include economic damages, such as medical bills, property damage, and lost wages, as well as non-economic damages, like pain and suffering. Punitive damages may also be available in cases involving fraud or malicious intent.
Personal injury settlements are based on the individual damages suffered by the plaintiff, and no two cases are the same. In these situations, a personal injury lawyer can help you determine the potential value of your claim by assessing the severity of the injuries, estimating medical costs, and calculating other relevant factors.
Determining Negligence in Personal Injury Cases
Determining negligence is a key part of navigating personal injury cases. In legal terms, negligence occurs when an individual fails to exercise reasonable care, resulting in harm or injury to another person. Four elements are crucial for establishing negligence in a personal injury lawsuit:
Duty of Care: The defendant must have had a legal duty towards the plaintiff under the given circumstances. For example, a driver has the duty to obey traffic laws and drive safely to avoid harming others on the road.
Breach of Duty: Next, it must be shown that the defendant breached, or failed to fulfill, their duty of care. This could happen through specific actions (such as running a red light) or failures to act (like not repairing a hazardous walkway).
Causation: Establishing causation involves proving that this breach directly caused injuries or harm. The plaintiff needs to demonstrate a clear link between the defendant’s failure to uphold their duty and the damages sustained. In the example with a car accident, a driver who runs a red light and crashes into someone has clearly caused the accident and injuries.
Damages: Finally, it’s imperative to show that the plaintiff suffered actual damages as a result of the breach. This might include physical injuries, emotional distress, medical bills, lost wages due to time off work, or property damage. Without measurable damages or losses, the injury claim will not have standing.
Proving negligence and securing compensation in a personal injury case hinges on effectively demonstrating these four critical elements. With thorough evidence and legal expertise, this complex process becomes much simpler.
Texas is Proportionate Responsibility State
Texas follows a legal doctrine known as “modified comparative negligence” for personal injury cases. This system means that you can still pursue compensation for damages after an accident even if you’re partially at fault.
Here’s how it works: if the court finds that you share some of the blame for your injuries – say 30% – then any award granted to you will be reduced by your percentage of fault. Therefore, if awarded $100,000 in damages but found 30% responsible, the actual payout would amount to $70,000 (70% of $100,000).
However, there is another important piece to this: If you are more than 50% responsible for the accident, you won’t be able to recover any damages at all, regardless of how serious your injuries or losses might be:
“In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
This system emphasizes the importance of demonstrating not just that another party was at fault but also that your level of liability was less than theirs.
Why You Need a La Porte Personal Injury Lawyer on Your Side
Managing a personal injury claim can be a multifaceted endeavor, requiring not just knowledge of the law but also the ability to negotiate effectively and understand medical intricacies related to your injuries. In these situations, an attorney can significantly enhance your chances of a favorable outcome.
At Linebaugh, Dority & Allen, our attorneys will coordinate with witnesses, medical professionals, and other parties involved to consolidate the evidence that supports your case. We will be your advocates in any settlement discussions, ensuring that your rights are safeguarded and that you are not undervalued or overlooked.
Contact Linebaugh, Dority & Allen for a Free Consultation
If you’ve been hurt due to someone’s negligence our La Porte personal injury attorney can help you recover the compensation that you deserve. Contact us today at (281) 422-0505 to discuss your legal options and take your first steps toward justice.