Upper West Side Personal Injury Lawyer
Have you recently been injured in an accident in Fort Worth’s Upper West Side neighborhood? If someone else put you in this tough situation, you may be able to demand compensation.
The financial burden of your accident should be on the at-fault party, not you. At Stephens Law Firm, PLLC, our experienced Upper West Side personal injury lawyer can help you fight to secure a full monetary award.
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How Stephens Law Firm, PLLC Can Help with Your Personal Injury Case
When you are injured in an accident caused by someone else, you may be left feeling overwhelmed, confused, and angry. You may be unable to work with medical bills mounting while you face a painful recovery process. The last thing you should be worried about is fighting with an insurance company for the fair compensation you deserve.
While Texas law gives you the right to hold the person responsible for your injuries accountable for the damages you have suffered, this can be easier said than done. The at-fault party’s insurance carrier and their team of lawyers and claims adjusters will likely fight your claim. They may try to minimize your injuries, claim you were not actually hurt in the accident, or blame you for your accident.
Stephens Law Firm, PLLC will serve as your advocate throughout your claims process. Jason Stephens is an award-winning trial lawyer and personal injury lawyer in the Upper West Side. He has secured some of the country’s largest verdicts for his clients and earned numerous awards. He has been named a Texas Super Lawyer with a Superb 10.0 AVVO rating and the highest Martindale-Hubbell AV rating.
Your Upper West Side personal injury lawyer will not push you to accept a settlement offer that is not fair for you. Jason Stephens is not afraid to take your case to court if necessary to fight for the full compensation you deserve.
Contact Stephens Law Firm, PLLC today to schedule your free consultation. Jason Stephens will review your case and help you understand the next steps.
The Upper West Side Neighborhood in Fort Worth
Fort Worth is home to many unique neighborhoods. The Upper West Side is nestled in downtown Fort Worth. The Trinity River sits to the west and Henderson Street runs along the neighborhood’s eastern border. White Settlement Road separates the Upper West Side from the city to the north, while I-30 serves as its boundary to the south.
The Upper West Side is home to little-to-no retail stores or chain outlets. Rather, it’s a cozy part of town that’s home to a few small office buildings and many residential homes. It’s not surprising that the Upper West Side is one of the city’s most popular places to live in the city.
What Is Personal Injury Law in Texas?
Texas tort or personal injury law is an area of law that allows people who have suffered bodily injury to seek compensation from the person responsible in civil court. Personal injury law is different from criminal court which imposes a legal punishment. Civil court instead focuses on making victims as whole as possible.
Personal injury cases are governed by the Texas Civil Practice and Remedies code. This code clearly defines the duty that people owe others, negligence, liability, damages, and limits to recovery.
Most personal injury cases in the Upper West Side are based on negligence. To prove a negligence and recover damages, you must prove four elements under this code:
- You were owed a duty of care.
- The duty of care was breached.
- This breached duty of care caused your accident.
- You suffered damages as a direct result of the accident.
The simplest element to prove is usually the first. All people in Texas owe a duty of care to everyone else to avoid putting them at risk. Drivers, for instance, owe a duty of care to avoid risky behavior.
Sometimes a higher duty of care is owed. For example, manufacturers and businesses may have a heightened duty of care to consumers or customers. Medical providers have a duty to provide the medical standard of care based on accepted practices.
Depending on the circumstances of your case, proving that this duty of care was breached and the breach caused your accident can be more difficult. This is where an experienced personal injury lawyer in Upper West Side can help.
Types of Personal Injury Cases in Upper West Side
Nearly any type of accident can result in a personal injury claim. Many crimes may also result in a personal injury case separate from a criminal case. Most personal injury cases, however, involve some type of negligence.
Some of the most common types of personal injury cases the Upper West Side personal injury lawyer of Stephens Law Firm, PLLC handles include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bus accidents
- Commercial vehicle accidents
- Lyft and Uber accidents
- Aviation accidents
- Boating accidents
- Train accidents
- Pedestrian accidents
- Dog bites
- Slip and fall accidents
- Product liability
- Wrongful death
Not all injury victims file a personal injury claim or prove successful in their claim. However, tens of thousands of people every year are injured across Texas and potentially have a claim. In a four-year span, there were about 6,200 medical malpractice claims filed in Texas.
Traffic accidents are the most common source of personal injury claims with 16,000 people seriously hurt in Texas in 2019 alone. Many traffic crashes are caused by negligent drivers.
Have you been injured in an accident or assault that was caused by someone else? Contact Stephens Law Firm, PLLC for the legal representation you deserve.
Modified Comparative Negligence and a Personal Injury Case
One of the most crucial aspects to understand about your personal injury case is how liability is determined. To prove your case, you and your personal injury lawyer must prove the other party was responsible for the accident and it caused your injuries.
Texas uses a system called modified comparative negligence, also known as the shared fault rule. This system allows you to recover damages provided you are no more than 51% at fault. If you are at all to blame for the accident, the damages you recover will be reduced by your percentage of fault.
A benefit of the modified comparative negligence system is several people can be held responsible for damages, even in cases involving three or more at-fault parties.
To demonstrate how comparative negligence works, imagine you were in a traffic accident. Your damages were $50,000. The court determines the other driver is 80% at fault for distracted driving but you are 20% at fault because you were speeding.
Your damages would be reduced by 20%. This makes your recovery $40,000.
If you are found 51% or more at fault, you will not be able to recover any compensation.
While the comparative negligence system has many benefits, the important drawback Is your damages are reduced for every percentage of fault assigned to you. This is why it’s essential to have experienced legal counsel. A personal injury lawyer in the Upper West Side will help you investigate your accident, gather evidence, and build your case to show who is truly at fault for your accident.
Damages Available in a Personal Injury Case in Texas
When someone else is responsible for your injuries, Texas law gives you the right to seek compensation for the damages you have suffered. There are two broad forms of damages you may be entitled to: economic damages and non-economic damages.
- Economic damages refer to damages that have an intrinsic monetary value. The most common types of economic damages are:
- Medical bills. This includes not only the immediate bills but also anticipated future medical expenses
- Lost wages for time you had to take off work.
- Reduced or lost earning capacity if your injuries leave you disabled and unable to return to work.
Non-economic damages are harder to define. These damages may include pain and suffering, loss of enjoyment of life, disfigurement, and emotional distress.
In medical malpractice claims, non-economic damages are capped at $250,000. In many personal injury claims, non-economic damages have a higher value than economic damages, especially when catastrophic injuries occur.
Statute of Limitations for Filing a Personal Injury Claim in Upper West Side
It’s crucial to understand that there is a statute of limitations to file a personal injury case in Texas. This is a strict legal deadline. If you fail to file your claim before the statute of limitations runs out, you will permanently lose your right to compensation.
With most personal injury cases in the Upper West Side, there is a two-year statute of limitations. This covers common personal injury cases like car accidents and medical malpractice.
If the at-fault party is a government entity, your statute of limitations is just 6 months.
When the injured party is a child, the statute of limitations will be extended until the child’s 18th birthday.
While this statute of limitations may seem like a long time, it’s important to work with a personal injury lawyer as soon as possible. The longer you wait, the greater the risk that valuable evidence proving your case will be lost.
Contact an Upper West Side Personal Injury Lawyer
Have you been seriously injured due to someone else’s negligence? You should not be left with the financial burden and uncertain future of your injuries. Stephens Law Firm, PLLC represents injury victims in seeking the full compensation they deserve while holding the responsible party accountable.
Contact Jason Stephens, an Upper West End personal injury lawyer, at Stephens Law Firm, PLLC today to schedule a free case evaluation.