How Can An El Paso Personal Injury Lawyer Fight For Your Rights?
When you or a family member are injured in an accident, especially one due to someone else’s negligence, you may be left feeling overwhelmed and unsure of what to do. Dealing with a serious injury is hard enough.
Unfortunately however you may also be dealing with mounting medical expenses, the stresses of dealing with insurance companies, and lost wages. You don’t have to face it all alone. An attorney can help get you the compensation you deserve.
If you have been injured you need an EI Paso Personal injury lawyer to fight for the compensation you deserve. Contact Khattar Law today to discuss your case.
Common Personal Injury Claims
- Auto accidents. According to the Insurance Institute for Highway Safety (IIHS), there are over 6 million automobile accidents every year in the United States. Worse, in 2019 a shocking 33,244 of those accidents resulted in at least one fatality.
- Premises liability. Owners and occupiers of property have a duty to keep the property relatively safe and free of hazards. When owners fail in this duty and a visitor to the property is
- Medical malpractice. When a healthcare professional fails to uphold the duty of care owed to a patient, the resulting injury may be due to malpractice.
- Defective products. Sometimes an accident is the result of a defective product such as an automobile tire, a medical device, a pharmaceutical, or a household cleaning product. When the product fails due a manufacturing or design defect you may have a products liability case.
- Assaults. Assault, battery, and other violent acts are crimes, but they can also give rise to personal injury claims. Injured parties do not receive damages from a defendant during a criminal trial. Instead, the injured party can seek to recover compensation through a civil personal injury suit.
- Wrongful death. In the worst cases, accidents can lead to death. When someone is killed due to another person’s negligence or intentional act, surviving family members may have a claim for wrongful death.
What Are the Personal Injury Laws Prevailing In Texas
A number of statutes and common law rulings can affect personal injury cases in Texas. Among the most prominent are:
- Statute of limitations. The Texas Civil Practice and Remedies Code, Section 16.003, establishes a two-year time limit following an injury within which an injured person may bring a personal injury suit. Generally, the two-year period begins to toll on the date of injury. However, there are exceptions such as the six month limit for bringing most claims against a governmental defendant.
- Modified comparative fault. Texas courts recognize the legal doctrine of modified comparative fault. Essentially this means that if an injured person is found to be partially responsible for her injuries, her damage award may be reduced by the percentage of fault she bears. For example, let’s say you were hit by an automobile while crossing the street. If the jury determined that you were distracted by your cellphone while crossing the street, they could assign 25% of the fault to you. Thus if your damages are determined to be $40,000, pursuant to the modified comparative fault doctrine, your damage award could be reduced by 25% or $10,000. Contact a lawyer today to see if this could impact your situation.
- Medical malpractice tort limits. Medical malpractice is where an injury results from a medical professional’s failure to uphold his duty of care. Texas Civil Practice and Remedies Code, Section 74.303 limits noneconomic damages in most medical malpractice cases to $250,000 in cases against individual healthcare entities and $500,000 in cases against multiple entities. Noneconomic damages are those you can’t put an actual price on such as pain and suffering, emotional distress, and loss of enjoyment. If you believe this law may apply to your case, contact an El Paso personal injury attorney.
What About Injuries Sustained While At Work?
When you are injured on the job, the line between a personal injury claim and a workers’ compensation claim can seem blurry. Many employers purchase workers’ compensation insurance. Workers compensation can be a double-edged sword for injured employees. On one hand, where these policies apply, injured employees do not have to prove fault to recover. On the other hand, under most workers’ compensation plans, injured parties are limited to economic damages.
Personal injury claims allow for noneconomic damages such as pain and suffering. However, these suits generally require a showing of fault. Under some circumstances, an employee injured at work may have a valid workers’ compensation claim against the employer and a personal injury claim against a third party. An experienced personal injury attorney in El Paso can investigate the details of your injuries and provide you with all of your recovery options. Don’t wait. Contact us today.
Contact An El Paso Personal Injury Attorney at Khattar Law, PC
If you or a loved one have been injured by the negligence or intentional act of another, Khattar Law, PC can help. Contact one of the experienced El Paso personal injury lawyers today by calling (210) 985-7616 or filling out the online contact form.
We promise to fight tirelessly to get you the compensation you deserve. We will deal with the insurance companies and their attorneys and let you focus on your recovery.