Accident Victims Should Contact an Experienced La Porte Personal Injury Attorney

A personal injury lawyer is a professional who handles a lawsuit on behalf of someone who was injured due to the carelessness or negligence of another individual. The party responsible for the injuries sustained by the person filing the lawsuit may be another individual, the employer of the injured person, or the establishment where the incident occurred. Such lawyers also handle medical malpractice or wrongful death cases.

In Texas for example, motorcycle crash statistics are quite sobering, and incidents of this type are also a good example of when the help of a qualified attorney is necessary. Regardless of the State you live or the type of injury a person has sustained, it is never wise to attempt to handle the lawsuit without professional help.

Personal Injury Caused by Car Accidents

Injuries from motor vehicle collisions are a common reason for needing the services of a personal injury lawyer.

There are many factors that contribute to car accidents, such as:

  • Rush-hour traffic
  • Road construction
  • Tourist traffic
  • A high volume of pedestrians and
  • The dangerous new trend of using cell phones–particularly sending text messages–while driving.

In addition, the aforementioned motorcycles on streets and highways can also contribute to motor vehicle accidents.

Sadly, according to statistics gathered from a top Personal Injury Lawyer, virtually all motor vehicle collision are not merely fender-benders. Rather, just over 50% of all automobile collisions result in considerable injuries to those involved, as well as a significant amount of property damage. For this reason, many people seek compensation to help mitigate their damages. This is especially true if the person was the victim of the negligence or reckless driving of another motorist.

Unfortunately, some people choose to operate the car while under the influence of drugs or alcohol, while others give in to road rage, or other aggressive behavior that could lead to a collision. When this is the case and another person is injured, he or she is almost automatically qualified for a significant amount of monetary compensation, as well as money for the medical bills resulting from the incident.

Accidents involving motorcycles, mopeds and bicycles also lead to catastrophic injuries, particularly as one or more of the drivers were not wearing helmets.Woodland ca truck accident lawyers are familiar with lawsuits of this type and have the experience to determine a suitable amount with regard to the seriousness of the injuries sustained by the client. Not all injuries may be obvious immediately, and in many States such as Texas, you have 2 years to file a claim, so if you have problems weeks after, don’t hesitate to find a Houston spine injury lawyer.

Slip and Fall Injuries

Another type of injury that may lead a person to seek monetary compensation is referred to as a “slip and fall” injury. There is virtually no limit to the number of places in which an individual can fall and subsequently sustain an emotionally traumatic or life altering injury. Many slip and fall accidents are the result of carelessness or negligence on the part of a business establishment or another individual. For example, a grocery store that fails to put appropriate warnings in place when floors are wet or a commercial building that does not clear ice from the sidewalk during inclement weather is entirely responsible if a person slips and injures himself or herself. Virtually any type of injury can occur during a slip and fall incident, making it a top reason for seeking the advice of a personal injury attorney. Click here to know about attorney for a car wreck.

If a person is not incapacitated by his or her fall, it is wise to return to the property where the accident occurred and take pictures of any unsafe surroundings or dangerous conditions. It is also essential for the client to immediately write down any events that led to the incident rather than relying on memory. It is easy to forget small details, such as whether or not a wet floor sign was in place or how quickly an employee of the establishment came to assist the person who slipped and fell. Even details that seem unimportant may be helpful to one’s lawyer once a case is filed. For this reason, writing everything down as soon as possible will prevent pertinent information from being forgotten.

Personal Injury Lawyers Handle Medical Malpractice Cases

Medical malpractice is also something that can lead to personal injury, and an eventual lawsuit. A patient can make such charges against hospital, physician, nurse or essentially any person or establishment in the medical industry, including pharmaceutical companies. Each year, medical mistakes lead to approximately 120,000 deaths and over one million injuries in the United States alone. However, not all medical mistakes are malpractice.

This is why it is in the best interest to consult the best Houston car accident brain injury lawyer if a person feels he or she has been the victim of medical malpractice. Unlike other types of personal injury cases, which are settled out of court, cases of death or injury due to medical mistakes are often brought to trial before a jury or magistrate. When this is the case, it is always a mistake for a person to attempt to act as his or her own lawyer. Medical malpractice suits are usually quite complicated, meaning the opposing side will have a much greater advantage if the plaintiff is not professionally represented.

For example, it must first be determined if a medical professional had a legal obligation to treat the patient. This fact is usually easily established, but certain emergency situations may require more scrutiny for a magistrate or jury to decide if true legal duty existed. After this, a determination must be made concerning whether or not a breach of that duty actually took place. If a doctor or other healthcare professional accepted the duty to treat an individual, he or she had an obligation to strictly adhere to national or local standards regarding the proper treatment of the patient. These standards may be different depending on location.

After a breach of duty has been established, the courts must decide if the breach actually resulted in injury or harm. The latter may be due to a medical test that was not interpreted correctly, or an inaccurate diagnosis of an illness which should have been obvious. When considering all the steps involved in determining if there are grounds for a medical malpractice lawsuit, it is easy to see why one, especially in Utah, should consult an Ogden personal injury lawyer rather than try to manage the situation alone.

Choosing a Personal Injury Lawyer

Those in need of the services of a legal professional should review all their options before making a final decision. This is because certain law firms have a greater success rate with cases than others. The attorney selected will largely depend on the issue for which the client is seeking help.

Those who are not sure which legal firm they should hire may wish to consider availing themselves of the Internet, where unbiased reviews can be read about numerous local law firms. This will help prospective clients to find out which attorneys have the best track records in handling the type of case they wish to file.

One’s local Bar Association may be able to provide a certain amount of assistance with regard to the selection process, but they will not usually recommend one attorney over the other. Rather, they will simply offer information concerning which lawyers are reputable and which have had problems in the past. Ultimately, those who hire a reliable and qualified La Porte injury attorney to handle legal issues will likely be very pleased with the results. Anyone who has been injured in La Porte through no fault of his or her own should seek legal counsel to ensure the best possible outcome when compensation is sought.

Legal Elements of a Premises Liability Case

When someone is injured on the property of another person, they may have an action against the property owner or occupier under Premises Liability. A “premises” is real property and all the structures on it.

Our Houston Premises Liability Attorneys has handled a wide variety of Premises Liability cases, including:

  • Death in an Apartment Fire
  • Missing Handrails Injury
  • Death of a Construction Worker
  • Tripping Over a Speed Bump
  • ATV Death of a Boy at Apts.
  • Slip, Trip & Fall
  • Severe Train Injury to a Boy/Missing Fence
  • Dog Bites
  • Store Injuries
  • Unsafe Rental Property

Plaintiff’s Burden of Proof

To have a successful Premises Liability case, one must prove a number of elements.

These are the plaintiff’s Burden of Proof:

  • A condition existed on the property that posed an unreasonable risk of harm.
  • The property owner knew or should have known about the dangerous condition.
  • The owner could have anticipated that a visitor might discover the danger and not protect themselves.
  • The owner negligently (recklessly, carelessly) failed to repair the condition.
  • That negligence caused someone to suffer harm and loss.

Kinds of Visitors

The elements of each Premises Liability case can differ, however, depending on what type of visitoris on the premises. There are three kinds of visitors to another’s property in Premises Liability – an Invitee, a Licensee, and a Trespasser.


An Invitee has an invitation, express or implied, to visit the property for mutual business or commercial reasons. These include store/mall customers, employees and commercial suppliers/distributors. An Invitee is owed the highest duty (level) of care. For an Invitee, a property owner or occupier must regularly inspect his property and make any necessary repairs, or warn the Invitee of a dangerous condition.


A Licensee also has an invitation, express or implied, onto the property, but is owed a lesser level of care by the owner. A Licensee is on the property for non-commercial purposes, and would include people like a door-to-door salesman, an off-duty employee or a social guest, such as a neighbor coming over for tea. For a Licensee, the owner must keep the premises “reasonably safe” and warn of any known dangers.


A Trespasser is owed the lowest level of care by an owner, as he is on the property without invitation. The owner must do him no harm and warn him of any hazardous conditions that could cause death or serious bodily injury. A child Trespasser, like a child retrieving his cat from a neighbor’s yard, is owed a higher duty of care because of his age and level of discernment.

What is a Reasonably Safe Manner?

As you see above, the property owner or occupier is required to keep his premises in a “reasonably safe” manner.

That reasonably safe manner depends on the following factors:

  • Whether the accident could be anticipated by the property owner.
  • What the property’s intended use is.
  • How the visitor gained access to the property (Invitee, etc.)
  • Whether the property owner made a reasonable effort to repair damage or warn visitors.

Even if all above elements are proven, however, your claim may be limited by defenses like Assumption of Risk, Modified Comparative Fault, or Sophisticated User. Premises Liability insurance coverage like Worker’s Comp or Homeowner’s Insurance might affect your recovery as well. Insurance companies may try to rush you into a quick and inadequate settlement.

Clearly, Premises Liability law can be complex, with multiple kinds of visitors, defenses, insurance claims, elements to prove, etc. Joe I. Zaid & Associates specializes in handling these kind of legal issues and has the contacts and financial backing to pursue your case as long as necessary to get you justice and a fair settlement. We have the skill and qualifications to counter any defenses or insurance coverage to get you the money you need for things like medical bills, lost income, funeral expenses, and pain and suffering. We’ve won more than 1,000 cases and millions of dollars for our clients. So call us oday toll-free for a free initial consultation, and we’ll come visit YOU to discuss your Premises Liability case.