Those injured in a car accident in Houston are entitled to recover compensation from the at-fault party. There are two types of payment available to pursue: compensatory and punitive.

Compensatory Damages

Damages is a legal term that describes the different types of compensation available to victims in a car accident settlement or court award. Compensatory damages compensate a victim for their current and future losses. Within compensatory damages, there are two categories: economic and non-economic damages.

Economic Damages: Financial losses that require evidence of the actual amount of money you have lost. Some examples include:

• Medical bills: emergency visits, hospital stays, physical therapy, outpatient procedures, prescription medications, etc.
• In-home medical care
• Nursing home or rehabilitation costs
• Medical treatment
• Property repair or replacement
• Lost wages from missed work
• Diminished earning capacity (if you are no longer able to work at the same level as before the accident)

Non-Economic Damages: These damages do not reflect financial losses but are subjective. This makes them much more challenging to prove. For instance:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of opportunity
• Loss of consortium
• Physical impairment (e.g., disability, loss of a limb)
• Disfigurement
• Unjust hardship

Punitive Damages

The second type of compensation available in some car accident claims is punitive damages. They are rarely awarded and reserved for cases involving defendants who acted with malicious intent, oppression, or fraud. Punitive damages are a form of punishment to deter similar harmful acts by others in the future.

How Much Compensation Can I Get After a Car Accident?

The exact amount of compensation you will get after a car accident cannot be predicted, but an attorney can give you an estimate of how much you are entitled to.  Here are the guidelines typically used to discern a car accident claim value.

Liability And Strength Of The Case

Liability is the legal term for fault. If there is strong evidence to support another party’s liability, it can dramatically increase the value of your claim. On the other hand, your compensation can be reduced if there is evidence that you are partially or the majority to blame. Texas courts follow the rule of modified comparative negligence, which means you must be 50% or less responsible for the accident to recover compensation, and your percentage of fault will reduce the amount you recover.

Damages

The severity of your injuries and other losses will directly impact your claim’s worth. The following factors are generally considered:

• Did you have pre-existing injuries, and if so, were they made worse?
• Are your injuries permanent?
• Amount, type, and cost of your medical care.
• Amount, type, and cost of future medical care.
• Are there any gaps in medical treatment, and if so, why?
• Amount of lost wages.
• Whether you will be able to return to work.
• Restrictions on daily life activities.
• How your life has been impacted.
• Whether your spouse or children have suffered.

Causation

There must be documentation that directly links your injuries to the car accident. If you did not seek medical care immediately following the collision, the insurance company can fight causation and allege that your injury was not caused by the car accident or was a pre-existing condition.

Contact Us to Obtain the Compensation You Deserve

Our Houston Car Accident Lawyer will strive to get you the maximum amount of compensation possible. Message us online or call (713) 489-4270 today for your free consultation.

If you got into a car accident and it seems to be your fault, you probably have some questions. You may be in pain from your injuries and dealing with car repairs just like the other driver who claims you caused the crash. So, what happens now, and what can you do to protect yourself? Here’s what to know after a car accident.

How Is Fault Determined?

If you’re not sure if you caused the car accident, you might be wondering why it’s assumed you’re at fault. In most cases, insurance companies spend time looking at certain details to determine fault. They often schedule adjusters to look at the damage to the cars involved, and they’ll look closely at pictures and videos of the scene.

They will typically look over police reports, witness statements, and any citations that the police issued, as well. At that point, they will decide which driver caused the car accident. In some cases, both drivers may share fault, though one may be more to blame than the other.

Who Pays for the Damage?

The reason you have car insurance is so that you don’t have to pay out of pocket when you’re in a car accident. If you’re at fault, the insurance company that pays depends on whether you’re in an at-fault or a no-fault state.

In at-fault states like Texas and Arizona, your liability insurance will pay for the other driver’s car repairs and medical bills. But in a no-fault state like Florida, all drivers have to have personal injury protection, or PIP. Car accident victims will use their own PIP coverage to pay for their medical bills and lost wages. They will then use the at-fault driver’s liability insurance to pay for their car repairs or replacement.

What Happens to Your Insurance?

If you’re named as the at-fault driver in a car accident, your insurance will pay for some or most of the victim’s expenses, depending on the state you’re in. Your car insurance rates might increase after the crash. You can talk to your insurance company to find out what to expect from your rates when your policy renews.

In some cases, you might be unfairly determined to be at fault. If you do not believe you caused the car accident, or if you want to simply make sure the decision was fair to you, it’s important to talk to a Houston car accident lawyer. Sometimes insurance companies make mistakes or miss evidence when they determine fault, so it’s helpful to have a lawyer look at the details of the car accident before your insurance company pays. Contact our law firm today at (713) 489-4270 if you’re interested in talking to a lawyer about your legal options.

If you are not injured and your vehicle has minor damage, you can handle your claim with the insurance company yourself. But remember, even if there is minor damage to your car, you can still suffer bodily harm and injury. Car bumpers and parts of the car body are now much better than years ago at minimizing the impact of a collision on the vehicle. So just because your car isn’t badly damaged doesn’t mean your body hasn’t suffered any physical trauma. According to Newton’s Law of Motion, if no force is applied to an object, if the object is standing still, it will continue to move at the same speed if it is moving. Your body is also still in motion at the time of impact and is moving at the same speed as your vehicle. If the other driver’s vehicle crashes into your vehicle, it causes your vehicle and body to slow down suddenly and absorb all this kinetic energy. Therefore, vehicle accidents that you think are minor can also cause bodily harm.

Another factor to consider in a minor accident is the type of vehicle you were driving at the time of the accident. If you are in a large vehicle such as a truck and the other driver hit you with a small economic vehicle, your vehicle will probably have little or no visible damage. In these situations, it is important to point to the other driver’s vehicle and show the damage to the other vehicle to show and prove the severity of the crash to the insurance company.

Remember, accidents with minor impact and damage can also cause soft tissue injuries. For example, traumas called whiplash caused by violent shaking of the head and spine in a car accident, such as spinal injury. Minor accidents with this type of damage are also known as MIST (Minor-Impact-Soft-Tissue). It is difficult to prove that such accidents, which we call MIST, caused your bodily injuries. Experienced car accident lawyers from Houston know very well how to handle such cases.

It’s common to see crash and accident used interchangeably when it comes to collisions. But in reality, they’re not exactly the same. That’s because an accident is not considered preventable, while a crash is often able to be prevented.

If you’re still not sure how a crash is different from an accident, here’s a look at some examples of each, as well as the main reason that most people prefer to call a collision an accident rather than a crash.

What’s an Accident?

In an accident, you have no control over what’s happened. It’s something you did not mean to do and could not have reasonably foreseen or prevented. As such, it’s not considered your fault. In fact, no one, in particular, is at fault for an accident. These are some examples of car accidents:

• You got a flat tire or a tire blowout that caused you to lose control of the vehicle
• There were objects or debris on the road that you couldn’t see
• Someone darted out in front of your car
• Your vehicle had a serious defect, such as brake malfunction
• You had a medical emergency while driving
• Another driver crashed into your car
• If any of these issues occurred while you were driving, you should let a car accident lawyer know. You will likely be able to collect compensation from the at-fault party, whether it’s another driver or the manufacturer of your car.

What Is a Crash?

By contrast, a crash is typically preventable. It means something you did caused your car to collide with another car, a pedestrian, or an object. These are some examples of why you might crash:

• Speeding
• Tailgating
• Driving impaired due to drugs or alcohol
• Driving drowsy
• Driving while distracted, such as when texting
• Running a red light
• Running a stop sign
• Driving a car that you know is unsafe or defective

If you suspect the other driver in your collision made any of the above decisions and ended up injuring you in a crash, it’s important to talk to a car accident attorney about your legal options.

How Can a Car Accident Lawyer Help You?

You should note that car insurance companies are known for calling preventable car crash accidents, as this removes the suggestion that anyone is at fault. This is one way for them to avoid taking financial responsibility for the collision when a driver they insure clearly caused it.

This is why you should hire a car accident lawyer to represent you when you make a claim against an insurance company. The right lawyer will prove fault and get the compensation you deserve. Contact our law firm today at (855) 545-1777 to learn more.

If your goal is road safety, you might be curious about where most car accidents happen. While it is interesting to learn where accidents are most likely to occur, you should keep in mind that you can get into an accident anywhere you drive. This is why you should always wear a seatbelt, pay attention to the road, and keep a safe distance between your car and other cars. If you get into a car accident despite taking these safety precautions, your next step should be to hire a car accident lawyer as soon as possible.

How Far from Home Do Car Accidents Occur?

Car accident statistics say that you don’t have to travel far from home to get into an accident. That’s because studies from trusted agencies, including the National Highway Traffic Safety Administration, show that more than half of car crashes happen within five miles of your home. Additionally, about three-fourths of accidents take place within 15 miles of home.

This means you’re probably more likely to crash in your neighborhood–or at least your own city—than anywhere else. That’s typically because drivers feel more comfortable on the streets they’re familiar with, so they’re less likely to drive defensively and pay attention than when they’re far from home.

Where Do the Deadliest Crashes Happen?

Deadly crashes can happen anywhere, but they’re more likely to occur on roads where drivers speed, aren’t fully focused on the road, or both. As a result, in many states, the deadliest accidents happen in rural areas. This is likely because the speed limits are often higher, and there are fewer cars, so people might speed. They could also be driving drowsy or distracted on a long road trip through a rural area.

Of course, deadly crashes can happen in urban areas, too. When they do, they’re likely to happen at intersections. This is where drivers might fail to stop at a red light or stop sign, or they rear-end the cars that have stopped. They might also fail to yield to oncoming traffic when making a turn, causing fatal T-bone accidents.

Where Do Minor Car Accidents Happen Most?

Minor car accidents are not as tragic as fatal crashes, but they can still cause severe injuries and property damage. As a result, it’s good to know that most minor, low-speed accidents happen in parking lots. This makes sense because it’s an area where drivers are backing up or trying to rush into the last spot available. All the while, pedestrians are walking around drivers who may be stressed out or not paying attention, which can create a chaotic feel that ends in an accident.

Whether your accident occurred in one of these areas or somewhere else, you’ll need legal advice from an attorney. The right car accident lawyer can help determine liability and get you the compensation you deserve. Contact our law firm at (855) 545-1777 to schedule an initial consultation.

Everything You Need To Know About Hiring A Houston Personal Injury Attorney

After being injured in an accident, victims often find themselves in serious pain, unable to work, and drowning in debt. Fortunately, if you’ve been injured in an accident caused by the negligence of another person or entity, you may be eligible for significant financial compensation. However, if you wish to seek compensation for your injuries, you shouldn’t do so without the assistance of an experienced Houston personal injury lawyer. Our knowledgeable attorneys at Milano Legal Group are here to help you obtain the financial compensation you deserve for your Houston personal injury. When you become our client, regardless of the type of accident that caused your injury, our experienced lawyers will do everything possible to see your case through to a successful conclusion. In addition, if you’ve lost a family member due to an accident involving negligence, we will help you pursue a wrongful death lawsuit against the responsible party.  In this Houston personal injury lawyer guide, we discuss personal injury cases in Texas and explain how to find an accident injury attorney that is right for you.

Types of Personal Injury Cases

A Houston personal injury attorney can represent you in a variety of personal injury cases, including:

Bicycle Accidents

Although riding a bicycle is a convenient alternative to driving a motor vehicle, taking public transportation, or walking, it can also be quite dangerous. Unfortunately, cyclists’ relative lack of protection means they tend to sustain serious injuries when involved in accidents with motorists.

Distracted Driving Accidents

Distracted driving is more of a problem today than it has ever been. According to the Centers for Disease Control and Prevention, more than 400,000 people were injured in crashes involving a distracted driver in 2019 alone.

Drunk Driving Accidents

It is no surprise that driving while under the influence of alcohol or drugs is a bad idea. Drunk driving kills around 10,000 people every year in the United States. Those who survive their accidents are often left with life-changing injuries.

Motorcycle Accidents

Like bicycles, motorcycles are a great alternative to passenger vehicles. However, bikers involved in accidents with motor vehicles tend to suffer serious injuries, especially when traveling at high speeds. In fact, hundreds of bikers are killed each year in Texas.

Pedestrian Accidents

According to data from the Texas Department of Transportation, annual pedestrian deaths in Texas sometimes outnumber motorcycle crash deaths. Many pedestrians who survive their accidents sustain life-altering injuries.

Truck Accidents

Semi-trucks pose serious risks to other vehicles due to their size and power. The results of a commercial truck colliding with a smaller vehicle are nearly always catastrophic.

Wrongful Death

When someone dies as a result of someone else’s negligence, the deceased’s family members may be able to file a wrongful death lawsuit. Family members of the deceased can obtain financial compensation for the loss of their loved one by filing a wrongful death claim.

How a Personal Injury Lawyer Can Help You

A Houston personal injury lawyer can help you obtain financial compensation for your injuries, regardless of the type of accident you’ve been involved in or the injury you have suffered. The personal injury process can be broadly separated into the following three stages: (1) investigation and demand, (2) litigation, and (3) financial recovery. When you hire a personal injury lawyer to assist you, they will guide you through each of these stages:

Investigation And Demand

During the initial stage of your case, your lawyer will collect as much information as possible about your accident. Based on this information, they will then make a monetary demand on the defendant or the defendant’s insurer. If this demand results in a fair settlement offer, your accident injury attorney will take the necessary steps to ensure that you receive the agreed-upon amount. However, if the defendant makes you a lowball offer or declines to settle your case, your attorney will proceed to the next step.

Litigation

Next, your attorney will draw on their knowledge, skill, and experience to handle all aspects of the litigation process on your behalf. Common litigation tasks include filing paperwork, conducting discovery, and collecting evidence. If your case fails to settle during the litigation stage, your accident attorney will take your case to trial.

Financial Recovery

Finally, whether you settle your case or win at trial, your accident lawyer will make sure you receive the money you are owed, which may entail filing post-trial motions to collect the court judgment, coordinating payment through the defendant’s insurer, or taking other necessary measures.

What to Look for in a Personal Injury Attorney

When you hire the right accident attorney, your chances of a successful outcome in your Houston personal injury case increase dramatically. You should do the following to find an attorney who will provide you with the best chance of success:

• Choose an attorney who focuses primarily on personal injury law: Although this may seem obvious, the accident injury attorney you select should primarily practice personal injury law. Each type of practice area is highly specialized, and attorneys usually only focus their practice in a handful of areas. So, for example, when choosing a Houston personal injury attorney, you shouldn’t hire an attorney whose primary focus is divorce law.
• Choose a Houston personal injury lawyer who has ample experience handling cases like yours: Not only should the attorney you choose practice personal injury law, but they should have tried similar cases to yours. For example, if you were injured in a pedestrian accident, you should hire an attorney who has previously handled pedestrian accident cases.
• Choose an attorney who is willing to take your case to trial: Although most personal injury cases settle before trial, if yours is a rare case that doesn’t, you’ll need an accident lawyer with sufficient trial experience.
• Choose an attorney with a track record of success: No lawyer should ever guarantee a specific outcome to your case. However, attorneys are free to share their previous achievements with you. So, while past success does not guarantee future results, hiring an attorney with a proven track record is rarely the wrong decision.
• Choose a lawyer who will give you past clients’ contact information: Finally, a successful attorney will have a long list of satisfied clients, and they should be happy to put you in touch with some of them.

Questions to Ask a Personal Injury Attorney During Your Initial Consultation

You must ask the right questions during your initial consultation to ensure that you hire an attorney who possesses the above qualities. You should ask your prospective attorney the following questions during your initial consultation:

• How long have you practiced personal injury law?
• What percentage of your practice is devoted to personal injury cases?
• Can you provide me with references?
• Will you personally handle my case, or will you delegate most of the work to legal assistants and paralegals?
• Will I be able to speak with you directly when I call your office to discuss my case?
• Can you give me an overview of how personal injury cases work in Houston?
• Do you handle cases on a contingency basis?
• Will I be charged for litigation-related expenses if litigation is required?
• How much is my case worth?
• What are my case’s strengths and weaknesses?

Contact an Experienced Attorney

If you’ve been injured, Milano Legal Group is here to help. When you hire us to pursue your personal injury claim in Texas, our legal team will determine who caused the accident and aggressively seek financial compensation on your behalf. If you’re concerned about your ability to pay, don’t be—our personal injury attorneys work on a contingency fee basis. In other words, if we don’t win your case, you owe us nothing. So, if an accident in Houston has left you or a loved one injured, please contact us today to schedule a free consultation.