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Injury Lawyer Houston

Personal Injury Lawyers Houston

Houston Injury Attorney

Personal injury lawsuits are filed by people (or their representatives) injured due to the negligence of someone else. The injury may be either physical or emotional, and it can arise from a variety of sources or types of conduct. Some of the most common types of personal injury cases include slip and fall, car accidents, truck or 18 wheeler accidents, drunk driver accidents, motorcycle accidents, work accidents, construction accidents, refinery or oilfield accidents, maritime or offshore accidents, airplane accidents, asbestos, mesothelioma, silicosis burns, explosions, assaults and battery, medical malpractice, and dangerous or defective products or drugs. In general, the goal of a personal injury action is to determine who was responsible and to compel the responsible party to compensate the injured person for the losses sustained. If you or someone you know has been injured by the careless actions of another, contact Houston personal injury attorney, Charles J. Argento at our firm to find out how we can help you preserve your rights.

Personal Injury Damages

Houston personal injury lawyer, Charles J. Argento can help ensure that his clients receive the damages to which they are entitled by law. Some of the items for which injured parties are legally entitled to compensation include lost wages, past and future medical expenses, damages for both physical and emotional pain and suffering, and damages for disfigurement. Sometimes, a close family member of the injured person, such as his or her spouse, may also be entitled to damages. This award is often referred to as loss of consortium damages, which is intended to compensate the loved one for the loss of the injured or deceased person’s services and companionship.

Other kinds of damages that may be awarded include hedonic damages, which are awarded to compensate the plaintiff for the loss of enjoyment of activities that he or she once valued but can no longer participate in as a result of the injuries suffered. In addition, punitive damages may be awarded when the defendant’s conduct was particularly egregious and the court or jury determines that the defendant should be punished by paying an amount above and beyond the plaintiff’s actual damages. Punitive damage awards may also serve to deter others from engaging in similar wrongful conduct.

“Legal Causation” of Personal Injuries

Not every injured plaintiff is entitled to recover damages for the injury he or she sustains. Besides the injury, the plaintiff must also establish, through credible and relevant evidence, that the defendant is legally responsible for his or her injuries. The plaintiff must present proof of causation both in terms of actual causation and proximate (legal) causation. Actual causation is determined by literal cause and effect. Whether legal causation is established depends on the facts and circumstances of the particular matter in question.

In some personal injury actions, legal causation may be established if the plaintiff can show that the defendant engaged in intentional conduct. This means that the wrongdoer intentionally or purposefully harmed the plaintiff or knew that the conduct in which he or she engaged gave rise to a substantial likelihood that harm would result.

Negligence and Strict Liability

Other personal injury actions are based on a looser concept of fault called negligence. Under the negligence theory, a defendant is held liable for the results of action, or inaction, when an ordinary person in the same position should have foreseen that the conduct would create an unreasonable risk of harm to others. Still other types of personal injury actions are based on strict liability, which is a no-fault system under which liability may be established regardless of the fault of the various parties, including the plaintiff. Strict liability may be applied in products liability cases, such as when a manufacturer or seller of a defective product puts that product into the hands of consumers and users of the product are injured.

The defendant can be held liable for actions taken or for actions not taken. A driver who fails to stop at a red light and hits another vehicle and injures the other driver or passengers is liable based on her negligent acts. A property owner who fails to clear the ice and snow from the front steps of a business open to the public may be liable for his inaction if a patron falls and breaks her leg when attempting to enter the premises.

Defenses to Liability in Personal Injury Cases

In some situations, the defendant’s conduct, while questionable, may not give rise to damages. If, for instance, a plaintiff knowingly and willfully chooses to encounter a known hazard, then the law provides that he or she has assumed the risk of injury and therefore the defendant should not be liable. The assumption of the risk theory may apply also in a case in which the plaintiff engaged in a friendly game of tackle football and another player broke his arm; in such a case, the plaintiff may be unable to recover for his injuries because he knew of the risks inherent in the game and willingly chose to encounter them.

The following are possible defenses to personal injury claims:

  • Statute of limitations. Statutes of limitations are laws setting forth the period within which the lawsuit must be initiated
  • Sovereign immunity. Sovereign immunity provides that certain government officials are immune from civil liability for their official conduct
  • Intentional misuse. Injuries caused by a plaintiff’s intentional misuse of a product may be a defense to liability in a products liability case
  • Contributory or comparative negligence. Contributory or comparative negligence exists where the plaintiff’s own conduct caused or contributed to his or her injuries

Houston personal injury attorney, Charles J. Argento can explain these and other defenses and can determine whether they apply to a particular case.

Houston personal injury lawyer, Charles J. Argento, is trained to fully investigate your accident, identify all responsible parties and secure the maximum settlement for your claim. While a negotiated settlement might seem attractive, we have prepared and prosecuted lawsuits at all levels of the state and federal courts and won’t hesitate to take a case before a jury if it’s the only way to win you compensation for lost wages, medical bills and long-term care.

If you have been injured or a loved one killed in a negligent accident, it is very important that you contact an attorney immediately to preserve evidence and protect your legal rights. In addition, we are proud members of the Texas communities we serve and seek to effectively represent ALL residents, regardless of their circumstances or background. Our staff is highly motivated and bilingual, capable of conducting all casework in Spanish, including the initial consultation.

If you’ve been injured by someone, your time to report the injury and make a claim is very limited.  Contact Houston personal injury attorney, Charles J. Argento for a free consultation at (713)822-5050. There is no obligation and all cases are taken on contingency, meaning there are no fees until we recover a settlement in your favor.