Texas Personal Injury Attorney

Workplace Injuries
Sometimes, people are injured at work. Most of the time, the only legal action they can bring against their employer or co-workers is a claim for "workers' compensation." A person who is injured at work may also have a claim against a "third party," such as the manufacturer of unsafe machinery, the owner of the premises where the injury occurs (if different from his employer), or against another company, whose employee causes the injury. For example, if a person is injured at work when accidentally hit by a forklift driven by a fellow employee, he will usually only be able to recover "workers' compensation" benefits. However, if the forklift is being driven by a delivery person for a different company, the injured person may be able to recover additional money damages against the driver and his employer.

If you are injured at work, you should consider having your case evaluated by an attorney to make sure that you are receiving all of the workers' compensation benefits that you are entitled to obtain, and to see if you have a claim against a third party for the injuries you suffered. If you wish to hire a personal injury lawyer, you may find this article on "How To Hire A Personal Injury Lawyer" to be helpful.

Why do I need a lawyer?
When you or your loved one suffer an injury as the result of somebody else's action, perhaps it seems natural that the person would offer to compensate you for your injury, or that their insurance company will do the right thing and offer a fair settlement. Unfortunately, that rarely happens. Many people will not take responsibility for their actions, and insurance companies profit from undercompensating injury victims. Insurance companies and their lawyers also know the governing law backwards and forwards, and they know that most non-lawyers have no idea what legal rights and remedies they possess.

An experienced personal injury lawyer knows how to build your case, how to negotiate your case with an insurance company, and, if necessary, how to take your case to trial. While it is possible to negotiate your claim with an insurance company yourself, insurance companies will typically do everything they can to take advantage of you and to effect the lowest possible settlement, while attempting to elicit statements from you that will damage your position if you ultimately decide to sue.

A lawyer is in a good position to help you obtain a favorable settlement that, even with the attorney fee deducted, significantly exceeds what you can obtain on your own.

Negligence
Causes of action arise from "negligence" when the person who causes the harm does not intend the injury, but is careless with the safety of other people. Most litigation arising out of motor vehicle accidents charges a driver with being "negligent."

To win a "negligence" case, an injured person must show that the defendant owed him a duty to exercise reasonable care, that the defendant violated that duty, that his injuries resulted from the breach of duty, and that the injuries were a reasonably foreseeable result of the violation. In the context of an automobile accident, the driver of a car owes other drivers the duty to drive safely and to keep his car under control at all times. It is foreseeable that mistakes made while driving can result in accidents which may cause serious injuries to other people. Thus, a person injured in a car accident is in a good position to argue that the driver who caused the accident was legally "negligent" and thus should pay compensation for the injuries caused by the accident.

Common negligence actions include automobile accidents, "slip and fall" accidents resulting from improper design or maintenance, and medical malpractice actions.

How much does a personal injury attorney cost?
Personal injury lawyers almost always accept cases on a contingent fee (or "contingency fee") basis, meaning that they if they win they receive a percentage of the award as their fee. If they lose, they do not receive an attorney fee. (Please note that attorney fees are different from costs, and you may be responsible for certain costs associated with your case, such as the filing fee for your lawsuit, even if you lose. While this is rarely an issue, as most civil litigation settles short of trial, you may wish to clarify the issue of costs with your lawyer.)

The amount of the contingent fee your lawyer will charge will vary somewhat from state to state. In most states, the attorney fee will be between one third and 40% of a personal injury award. Attorney fees for workers' compensation cases are more tightly regulated, and are typically lower than for regular personal injury matters. If your case is potentially worth a lot of money, you may be able to negotiate a reduction of the attorney's contingent fee - however, the best personal injury lawyers are usually not willing to negotiate their fees. They know that they are often able to recover substantially more money for their clients than attorneys with lesser skills, resulting in a greater award to you regardless of the percentage taken by the attorney.