Personal Injury

Individuals are always at risk for being physically or financially injured as a result of the negligence or willful misconduct of others. It is critical that you have assertive, aggressive legal counsel to give you the best chance of being compensated for your loss. Our competent and experienced trial attorneys will give you the complete representation you need to achieve a successful result.

• Major Accidents
• Negligence
• Slip & Fall
• Medical Mistakes
• Deficient Products
• Toxic Mold

Frequent Asked Questions:

How much is my case worth, and will you guarantee success?

The “value” of your case depends on many factors, such as the extent of your injury, the amount of your medical bills, and your condition after you have finished treating. The calculation also involves the ability of the other party to pay a judgment, and whether you played any role in causing the accident.

We will not take your case unless we think it has a good chance of success. Even so, there are no guarantees. All we can do is give you a fair assessment of the outcome of your case based on our experience, the injury itself, and what jury verdicts have been achieved in cases similar to yours.

What is a class action lawsuit?

When a large group of plaintiffs sue a large group of defendants naming a representative in place of the entire group. Examples would be the tobacco industry suits and the suits against the drug manufactures of the popular diet medications, such as fen-phen.

What are punitive damages?

Damages awarded to punish the defendant.

What does pain and suffering include?

This would generally be money awarded over and above medical costs and lost wages.

What is loss of consortium?

A loss of companionship and care for the victim’s marital partner.

What is contributory negligence?

A defense to negligence stating that the plaintiff’s negligence contributed to their injuries.

What is a tort?

Conduct intended to harm another person or their property. Examples include fraud, misrepresentation and slander.

I didn’t have any medical expenses or lost income when I fell in the store; can I still collect a settlement?

This is a big misconception. If you don’t suffer an injury or incur financial losses, chances are slim that you’ll collect any monetary award.

How is negligence determined? Negligence does not simple mean doing something wrong. All of the following elements must exist for an act to be considered negligent:

a. Lack of reasonable care
b. Breach of duty
c. Injury to the victim
d. Forseeability (knowing an act would occur based on the circumstances)
e. Damages

I’ve heard the phrase “assumption of risk.” What does it mean? It is used as part of a defendant’s defense. It states that a user assumes risk in the following ways:

a. If you’ve discovered the risk, but disregard it
b. If you’ve failed to properly maintain an item
c. If you’ve failed to follow the enclosed directions

What is wrongful death?

Laws that give survivors a cause of action against someone who’s negligence resulted in the victim’s death.

What should I do if I’m involved in a car accident?

Document the entire situation making daily notes of the effects of your injuries. Also report the accident to the DMV and never admit responsibility.

Is it true that if I rear end a car that I’m at fault?

Almost always the answer is yes. The law says that you have to be able to stop safely if a car stops in front of you.

How long will it take to get money in my case?

Getting to court for a vehicle accident can take 3-5 years in most cases.

I didn’t go the doctor right away and now I have pain?

You should always see a doctor after an accident even if you’re not feeling pain right away. Be sure to document when you noticed the pain and when you went to the doctor.

How am I supposed to get back and forth while my car is in the shop?

Check your insurance policy; many will have a clause that allows you to rent a car. Be sure to track the expense involved as this is considered a cost that you suffered.

I can’t work; can I file for unemployment even though litigation is pending?

Yes.

The other driver’s insurance company offered me money. I haven’t even hired an attorney, but I could really use the cash. Should I take it?

No. Tell the insurance company that you’ll get back to them. In the meantime, contact an attorney immediately. Often times an insurance company will offer a minimal amount of money in return for your signature stating that you won’t sue them. Never take an insurance check without first consulting an attorney.

 

Contact The Hubbard Law Firm for a confidential consultation to assist you with your legal needs. Licensed to practice in all courts in the State of Texas.