Below are some of the most frequently asked questions involving personal injuries in Houston. Click on each question to learn more:

What does negligence mean when it comes to a personal injury case?

When pursuing a car accident injury claim against a driver, the determining factor for compensation comes down to liability: who was to blame for the collision?

Although you may feel that your accident was clearly the fault of the other driver’s negligence, Texas law is specific when it comes to blame. In fact, the law is so specific that liability isn’t just a question of who’s to blame, but rather, how much negligence can be attributed to each driver.

Defining Negligence to Determine Liability

Texas negligence laws are comparative, which means that more than one person can be held negligently responsible. As such, to get the most out of a settlement, you and your lawyer must be able to prove that the other driver’s negligence was at least 51% responsible for the collision. To accomplish this, you need to know what “negligence” really means.

For a person to be considered negligent, he must be proven to have acted in an unreasonable and harmful manner and, in similar circumstances, another person would have acted more carefully. Drivers must abide by all traffic laws, maintain control of their vehicles, and keep an eye out for any situations that could become unsafe. When they fail to do so, their actions can be considered negligent.

Some instances of negligence include:

  • Driving while intoxicated
  • Running red lights
  • Speeding
  • Failing to use lights properly, including turn signals
  • Driving on the wrong side of the road or on the shoulder
  • Texting or playing with a phone or any other form of distracted driving

Sharing the Blame

When a driver chooses to drive recklessly and then causes a collision, his negligence will factor into liability. However, just because he was negligent doesn’t mean he’s fully to blame—your reaction to his negligence could also be considered negligent.

For example, imagine that you’re stopped at a four-way intersection. The opposing traffic light just turned red. A truck driver in the opposing lane makes the decision to just keep driving through it (an obvious negligent action) and slams into your side as you enter the intersection. Since he ran the light, is he 100% to blame?

Not necessarily. Before you entered the intersection did you wait for your green light, or did you assume you’d have the right-of-way since the light turned red for opposing traffic? Did you check that traffic had completely stopped before taking your foot off the brake? Depending on your actions, you too could hold some responsibility—and considering the comparative negligence law, the amount of responsibility you hold could drastically affect your claim.

Measuring Negligence to Determine Claim Standing

In a car accident case, it is the duty of your personal injury attorney to prove the amount of the other driver’s negligence. An experienced attorney will help you gather the evidence you need to show that the defendant voluntarily chose to make a disastrous decision, and that the consequences of that poor decision directly led to causing the collision. Attorney Steve Lee has the experience as well as the determination and drive to push your claim to its limit to get you the compensation you not only need but deserve.

How long will my personal injury lawsuit take to reach a conclusion?

Before committing to filing an injury claim, you’ll most likely want to know how long it’s going to take to resolve. Unfortunately, injury claims do not have a set time limit.

Every claim has its own set of factors that will determine how long it will take for you to see a financial recovery. Some attorneys will try to guarantee a fast trial, but don’t be fooled. If it’s a major case and the two sides can’t settle without a trial, it may take several years before damages are awarded. When an attorney promises he can get you compensation quickly—even before he reviews your case—then you need to find a new attorney.

Quick Settlements Are Rarely a Good Thing

Personal injury claims are complicated and involve a great deal of negotiation, investigation, and time to obtain a just settlement. However, insurance companies will do their best to manipulate these factors to lower your settlement options. Some of their techniques include:

  • Offering a quick settlement. One way they often succeed in their scheming is by offering you a quick and easy settlement that is woefully less than what you truly deserve.
  • Frustrating you with additional delays. The other side may attempt to delay the case in order to pressure you to settle for a lower amount to cover your mounting medical bills. After all, you can put off your bills only for so long.
  • Distracting you to settle early. If you decide to take a quick settlement because it seems easier and the insurance company threatens long delays if you don’t, you could be giving up a fortune. When you settle without the aid and guidance of a skilled personal injury lawyer, the insurance company can and will distract you from what is rightfully yours to accept. Allow your attorney to investigate the injury, study the accident, and review your claim before making any decisions.

Why Claims Take Time to Settle

Although you may feel that your injuries deserve a speedy settlement, the truth of the matter is that most personal injury claims take months or years to be fully mature. The claim itself takes a while to investigate. Furthermore, throughout the investigation, each side (the insurance company and your party) may encounter their own delays, such as:

  • Insurance delays. Sometimes insurers delay settlements on big cases simply to see if the plaintiff will give up and accept less money. Other situations force insurance companies to delay pre-trial negotiations because they don’t have a good defense to the case, they can’t refute your injuries and need time to re-strategize, or they’re unable to attack your credibility and must come up with a new plan to discredit your claim.
  • Pre-trial delays. Prior to a personal injury case going to trial, a process known as discovery must take place. Discovery is when opposing parties obtain evidence from each another. The discovery process includes interviews, depositions, and requests for documents. The discovery process can be lengthy, as it takes time to gather, process, and understand the documents and evidence acquired.
  • Claim factor delays. There are three main reasons why your personal injury claim itself can cause delays: there are legal or factual problems with the case, the case involves a lot of money (an insurer will investigate every aspect of the liability and damages surrounding a high profile or big money case), or you have not reached a point of maximum medical improvement. That last item can be the most important one: if you don’t know what it will take to make you whole again, you don’t really know the value of your claim.

Which type of lawyer do I need if I was hurt in a limo accident?

If you were injured in a limousine accident, you need a personal injury attorney. Limousine collision litigation can be extremely complex, and numerous factors may impact the outcome of a case.

Limousine Collision Factors

An experienced attorney must identify all responsible parties involved in a limo accident. Liability for a limousine collision is often shared by:

  • The limousine driver. Drivers are responsible for ensuring their passengers travel safely. Unfortunately, these vehicle operators may fail in this duty by speeding, ignoring traffic signs and signals, using drugs or alcohol, or falling asleep at the wheel.
  • A limousine company. Limo companies are responsible for hiring and training qualified and experienced drivers. They must also routinely inspect and maintain their vehicles to guarantee passenger safety. If a collision occurs due to the actions of an irresponsible driver or vehicle defects, the limo company may be liable for failing to uphold its duty of care.
  • The limousine maintenance company. Many rental fleets contract maintenance and repairs to a third party. If this entity overlooks necessary repairs or fails to maintain a vehicle properly, it may be held liable for the resulting collision.
  • A limousine manufacturer. As with any company that produces and sells products, car manufacturers can be held liable for manufacturing a defective limo when those defects lead to a collision.
  • The limousine conversion company. While popular vehicle brands such as Lincoln and Cadillac manufacture limousines, there are also conversion companies specializing in producing stretch limos from various vehicle models. A regular vehicle is separated into two pieces and extended in order to accommodate additional seating. When this process structurally weakens the vehicle, a conversion company may be held liable for any resulting injuries.