PERSONAL INJURY - ROSENBERG, TX
At West & West, our Rosharon personal injury lawyers are dedicated to providing help and support for those who have been seriously injured due to the negligence of another. We understand that serious accidents can have a significant impact on a person’s health, career, and financial outlook – and we are here to help.
If you or a loved one has suffered a serious injury in an accident, please contact West & West today to discuss your case. We are committed to fighting for your right to full and fair compensation during this difficult time.
Why Choose West & West?
We provide exceptional representation to all Rosharon residents who have suffered a serious injury at the hands of another party.
- We are experienced in personal injury law, successfully representing hundreds of clients in the Houston region.
- We always put our clients’ needs first. We will sit and listen to your situation before we form a comprehensive legal strategy that is custom-tailored to your needs.
- We are personally invested in your success. Michael West founded the firm to advocate for the people in his community. We want everyone to receive the help they deserve.
- We represent Personal Injury clients on a contingency fee arrangement. You only pay if we secure a verdict or settlement on your behalf. If we don’t win, you don’t pay.
Contact West & West 24/7 to take your first step towards financial recovery. At West & West, we are committed to excellence and pride ourselves on having five-star reviews on Google.
Personal Injury Claims We Handle
West & West has extensive experience representing clients in all types of personal injury law. This includes:
- Car Accidents
- Truck Accidents
- Dog Bites
- Motorcycle Accidents
- Bicycle Accidents
- Medical Malpractice
- Brain Injuries
- Nursing Home Abuse
If you have been wrongfully injured, our experienced Rosharon personal injury lawyers have the experience and knowledge to assist you.
Why Do I Need a Rosharon Personal Injury Lawyer?
If you have been seriously injured in an accident, it is highly recommended to seek legal representation for your case. Pursuing compensation can be difficult for a person who not only has no experience in personal injury claims, but is also incapacitated due to serious injury. An experienced Rosharon personal injury lawyer can help navigate the claims process on your behalf, taking care of all the legal matters necessary to secure compensation. This can include determining the value of your claim, filing the paperwork necessary, and advising you of the best way to proceed with your case.
Additionally, in cases with serious injury, it can be difficult to fully appraise the scope of the compensation desired. An injury attorney has the resources to consult any experts who can comprehensively determine the full value of your claim. This way, you have a clearer idea of what to expect in your recovery, along with peace of mind knowing that you are pursuing the maximum possible compensation for your injuries.
Ultimately, a personal injury lawyer is there as your trusted counsel and advocate to ensure everything proceeds with your well-being at heart.
Should I Speak to the Insurance Company After an Accident?
Recovering compensation in most accidents usually involve each party’s insurance companies. However, it is important to note that often, the insurance provider of the at-fault party will contact you well before any investigations have concluded. They will offer a quick settlement in the hopes of resolving the case as soon as possible and lessening the impact of an accident on their bottom line. This amount will almost always be far below what you are entitled to for a full recovery.
Insurance companies are only acting in their best interests, and therefore will almost never provide a reasonable compensation for your injuries. As such, it is highly recommended to consult a lawyer first before speaking with an insurance company. A Rosharon insurance claim lawyer can help negotiate on your behalf to prevent any lowball offers from being presented, and help you to secure compensation that is full and fair.
What Can I Expect in the Personal Injury Claim Process?
Regardless of the circumstances of a personal injury, the general process for filing claims remains the same:
- Seek medical care. Your first priority should be your general health and well-being, so we always recommend seeking immediate medical attention. Even seemingly minor accidents can lead to serious, nagging injuries that can take months or even years to heal. Additionally, any symptoms may not arise until much later. Consulting a doctor can help catch any injuries before it is too late.
- Contact an attorney. A legal professional can help take care of any legal matters on your behalf while you are healing.
- Investigate your case. An attorney will help in investigating your claim and gathering any pertinent evidence that may substantiate your needs. This may include gathering medical records, police reports, and witness testimony.
- Make an initial demand/negotiation. At this phase, plaintiffs typically make initial demands or negotiations with any relevant parties. In most accidents, this is usually with the responsible party’s insurance company. Most smaller cases are usually resolved here, but it is rare to secure the maximum possible compensation at this phase.
- File a personal injury lawsuit. If negotiations fall through, this is when you formally file a claim against the at-fault party for compensation. Shortly thereafter, the discovery period will open – the phase in which both sides will exchange information and continue investigation of the case.
- Final settlement or trial. After discovery, most plaintiffs will make a final attempt at securing a settlement. Taking a case to trial is often a long and costly process that is typically unpredictable, so settling outside of a courtroom is usually preferred by both parties. However, if no agreement can be made, then the case will officially go to trial.
During the trial, a judge or jury will hear both sides of the claim and make a decision based upon the evidence and render a verdict. Although it may be possible to appeal the verdict, that can be increasingly difficult based on the evidence and circumstances of the case.
How Do I Prove Negligence in a Rosharon Personal Injury Claim?
Securing the compensation, you are entitled to requires that you first prove the circumstances of your personal injury claim. Proving a personal injury claim follows the same general rules as proving negligence in an accident. There are 4 elements that must be proven:
- Duty of care. The person and/or organization that resulted in your injury owed you a duty of care to keep you safe. For example, a driver must abide by a standard of rules to prevent injury and harm to others on the road.
- The at-fault party failed to uphold that duty of care by acting in negligence.
- The negligent acts by the at-fault party caused your injury.
- You suffered serious injuries due to the at-fault party’s negligence.
What Are Texas’ Laws on Fault and Negligence?
It is important to note that Texas follows “proportionate responsibility” comparative negligence rules on fault and negligence. This means that to be able to be entitled to recover, you must be less at fault than the at-fault party.
This means that the investigation of your personal injury claim is paramount and can be one of the deciding factors that affect your recovery ability.
Is There a Statute of Limitations for a Personal Injury Claim in Texas?
All states have a statute of limitations on personal injury claims – a timed deadline for injured parties to file a valid lawsuit for compensation. In Texas, the statute of limitations is 2 years from the date of the accident. If you file a personal injury claim after 2 years, it is likely your lawsuit will get rejected by the courts.
However, the statute of limitations varies with medical malpractice claims. In addition to the 2 years, you may be able to receive additional time if the injury or damage is not discovered until much later. Known as the “Undiscovered Negligence rule,” it provides you with a “reasonable amount of time” from the date that the injury should have reasonably been uncovered.
It is highly recommended to begin filing a claim as soon as possible. A considerable amount of evidence and other information vital to your case can be lost in two years, making securing compensation for your claim significantly more difficult.
What Compensation Can I Recover in a Rosharon Personal Injury Claim?
The compensation amounts in a personal injury lawsuit can vary greatly depending on the circumstances and other factors in your case. However, you may typically be eligible to secure compensation for:
- Any medical bills or expenses incurred as a result of the injury
- Any continuing medical expenses, such as equipment, medications, rehabilitations, and follow-up appointments
- Any lost wages as a result of not being able to work due to injury
- Any future wages that may be lost because you are unable to do your job
- Property damage as a result of your accident
- Pain and suffering due to your accident
- Loss of enjoyment
- Wrongful death
An experienced Rosharon personal injury attorney can help determine the full value of your claim by consulting experts and previous case results.
How Much Does a Rosharon Personal Injury Attorney Charge?
Generally, it can be difficult to determine the costs of a personal injury attorney. However, at West & West, we understand that sudden, unexpected accidents can create significant financial hardship in many families in Rosharon, with the onset of medical bills, property damage, and extended time away from work. In such circumstances, it can be difficult to even consider paying more money to retain an attorney.
To remedy these concerns, we are proud to offer legal representation based on a contingency fee arrangement. There are no upfront costs for our services – the initial consultation is free. Throughout the duration of the case, all legal expenses are advanced. At the conclusion of the case, you only pay for legal fees if we secure a favorable settlement or verdict on your behalf – and this is never taken out of pocket, but as a percentage from your recovery.
This allows you to retain exceptional representation without having to worry about how to pay for services – and it allows us to provide the best possible representation in order to secure the maximum possible compensation for your needs.
Suffering from any type of injury can have a significant impact on your ability to perform meaningful work, earn a living, enjoy your life, and more. When someone else causes an accident that leads to your injuries, you may be able to seek compensation for a range of these impacts, known as damages, in order to ensure that you do not take on the financial impacts of someone else’s negligent or irresponsible behavior.
Often, an at-fault party may be protected from personal liability with an insurance policy, the nature of which will vary depending on the circumstances of your accident. The most common types of insurance include automobile insurance, homeowner’s insurance, medical malpractice insurance, or business insurance, but many other types of insurance may apply.
Filing an insurance claim is a straightforward process, and if you follow the insurance adjuster’s lead through the personal injury claim, it can be resolved without much stress. The problem with taking this path is that insurance companies are focused on settling claims for as little as possible, not getting claimants the money, they deserve.
Getting the Money You Deserve
If you want to get fair compensation, you will need to approach this process aggressively and take proactive measures, including calculating your damages, negotiating for a settlement, and choosing whether or not to move forward with a lawsuit in order to get the money you are rightfully owed.
Insurance companies know that personal injury victims have a lot on their minds when they file a claim and will often make an initial offer for far less than the victim deserves in the hopes that they accept this quick settlement to apply towards their medical bills and alleviate the financial pressures associated with lost wages. This settlement comes with a waiver that absolves the insurer and their client from any additional legal action pertaining to the accident, regardless of whether additional information emerged later.
Contact a Rosenberg Personal Injury Attorney Before Accepting Any Settlement Offers
Before resolving a personal injury claim, it is essential that you are confident in the amount you are receiving as a victim.
Contact West & West to Connect with a Personal Injury Attorney in Rosenberg
Working with an experienced personal injury attorney is one of the best ways to ensure that you are taking all of the necessary steps towards a comprehensive settlement, but too often, victims choose to initiate personal injury claims on their own and may mistakenly believe that they will only need a Rosenberg personal injury lawyer if they plan to file a lawsuit. This could not be further from the truth.
Partnering with an attorney before initiating an insurance claim is one of the best ways to work towards the financial compensation you rightfully deserve without having to take on the stress and emotional burden that this process can cause.
Contact the highly experienced team at West & West to get the support you deserve after an accident someone else caused.
Schedule a Free Consultation Today
Contacting West & West is one of the best ways to find a personal injury attorney who is ready to support you through your claims process, and beyond to ensure that you receive a fair settlement. The compensation you deserve goes well beyond your medical expenses and extends to things like emotional distress, physical pain and suffering, and more. Trying to calculate these damages on your own can be intimidating, especially as you struggle to recover and get your life back on track. Stress can significantly impact your recovery process, so by outsourcing your claims process, you are prioritizing your health and increasing your chances of getting the money you deserve.
Read more about personal injury cases below. Contact our law firm as soon as possible to connect with a Rosenberg personal injury lawyer who is ready to take on the insurance companies on your behalf.
Common Personal Injury Cases in Texas
The following are meant to give you a few general examples of the many different types of accidents that can lead to personal injury claims. Whether or not you see your situation mentioned below, simply contact us as soon as possible to learn about how a Rosenberg personal injury attorney can help you fight for fair compensation.
Car Accidents
In 2020, there were 205,498 people injured in car accidents in Texas. This means that, on average, there are 563 people injured car accidents each day in Texas.
While many of us make it safely to and from our destinations each day, these statistics show many people do not.
Car accidents are caused by various factors, including, but not limited to, speed, alcohol, inexperience, road rage, weather, and mechanical failures.
Regardless of the cause of your auto accident, it is important that the at-fault driver is held accountable for their actions (or inactions) and that you are fairly compensated for the damages you have suffered.
Motorcycle Accidents
A motorcycle accident typically causes far worse injuries than an auto accident between two passenger vehicles at the same speed, simply because there is virtually no structural protection afforded by a motorcycle. A rider’s only protective measures are the clothes and equipment they are wearing.
Even at low speeds, a motorcycle rider is commonly thrown from the vehicle, meaning that there is an additional secondary impact when they hit the ground after first being struck by the car.
Florida: Dangerous for Motorcycles?
Texas is routinely shown to be one of the most dangerous states for fatal motorcycle accidents, which may be attributed to the lax helmet laws in our state, as well as the warm weather that allows riders to operate motorcycles year-round. Regardless of why this is true, it is important to recognize the risks associated with riding a motorcycle before taking to Texas roads.
Medical Malpractice
Medical malpractice comes in many forms, including a doctor’s failure to accurately diagnose an illness, prescription errors, surgical mistakes, inappropriate courses of treatment, and more.
Medical professionals cannot guarantee positive medical outcomes but are legally required to provide medical care based on existing best practices and a prudent focus on avoiding undue harm to their patients.
Texas’ Damage Caps
Texas caps non-economic damages at $250,000 per plaintiff for malpractice cases that only involve a single health care provider or health care institution and $500,000.00 per plaintiff caps for malpractice cases that involve more than one health care institution, with no single institution being held liable for more than $250,000 in non-economic damages per plaintiff.
Working with a personal injury attorney that focuses on medical malpractice cases is one of the best ways to ensure that you are taking the right steps towards getting the money you deserve for this avoidable tragedy.
Premises Liability Injuries
Each time we visit someone else’s property, whether a private residence, commercial location, government building, or other areas, we have a legal right to expect that the property owner or manager has taken all necessary precautions to ensure that our visit is free from accidents caused by on-site hazards.
Slip and Fall Accidents
Slip and fall accidents are the most common premises liability cases, typically from wet floors, uneven flooring, or dangerous staircases.
If you or a loved one has been hurt in a slip, trip, and fall accident on someone else’s property, you deserve compensation for the damages you have suffered. Working with a personal injury attorney will give you a clear understanding of how to best move forward with your case while you focus on getting the medical care you need to make a successful recovery.
Product Liability Cases
Many consumer protections in the United States require companies to disclose all potential hazards that come with normal use of their product, bar a company from engaging in false advertising, and hold businesses accountable for injuries stemming from defects in the product or marketing.
It can be extremely frustrating for someone to suffer catastrophic injuries only to realize that their injuries could have been avoided if the company had more rigorous quality checks or had been truthful in their advertising.
You Deserve Experienced Representation
Taking on a massive company can be extremely intimidating for a single victim, which is why partnering with a Rosenberg personal injury attorney right from the start is one of the best ways to get immediate legal advice and a clear path towards resolving your case.
Personal injury law is complicated in any situation, but trying to navigate a successful claim while dealing directly with a company’s team of defense attorneys can be difficult for anyone, especially a victim who is trying to recover from severe injuries at the same time.
Pedestrian Accidents
Walking in Rosenberg can be a pleasant experience, but there is a continuous risk of being involved in an auto accident while on foot. Staying on sidewalks, using crosswalks correctly, and waiting for crossing lights are all great ways to help stay safe. Still, the reality is that a pedestrian relies on the drivers around them to engage in safe and responsible behavior to avoid a severe accident.
In an accident between a pedestrian and a motor vehicle, the pedestrian is nearly always suffering from far worse injuries.
Work With a Rosenberg Attorney to Build a Strong Pedestrian Injury Case
After a pedestrian accident, a Rosenberg personal injury lawyer can help prove fault and liability. Once fault has been established, your attorney can then help you fight to get a fair settlement for the many damages you have endured.
Car insurance companies will work aggressively to settle Rosenberg personal injury claims against their clients as quickly and affordably as possible and may engage in some unsavory practices to achieve this goal. Fortunately, your Rosenberg personal injury lawyer will combat these tactics to get you the money you deserve.
Bicycle Collisions
As with traveling on foot, riding a bicycle in Rosenberg can be an enjoyable way to get fresh air, enjoy the sights, and get some exercise, all while getting to and from your destinations. That said, there are significant risks that cyclists face each time they take to the roads, and no matter what additional protections and laws that Rosenberg puts into place to protect cyclists, there will always be a risk of an accident.
As Bicycle Fatalities Decline, Riders Still Need Legal Support
Many cities are focusing on reducing and ultimately eliminating cyclist deaths, but until this is a reality, cyclists across the country will need to work with personal injury law professionals to get the money they deserve after accidents.
Wrongful Death
Wrongful death is an overarching personal injury area that covers any fatal injury that another person caused through negligence, recklessness, or criminal behavior. In these cases, a Rosenberg personal injury attorney will work to calculate the financial impact that the survivors will experience due to things like the loss of support from the deceased, retirement contributions, medical costs, funerary expenses, and more.
Identify the Long-Term Impacts of This Tragic Loss
Calculating the long-term impacts of wrongful death can be very difficult, especially as survivors try to work through the grief of this unexpected loss, so partnering with an attorney through these types of personal injury claims is important.
Frequently Asked Questions About Rosenberg Personal Injuries
The following are a few of the many different questions that a personal injury attorney commonly answers during initial consultations with potential clients. Remember that the answers provided below are not intended as legal advice and should simply be used to give you an idea of how a lawyer may answer your questions. Many of these questions can’t be answered simply, and more details will likely emerge over the weeks and months that you work with your personal injury lawyer to build a strong case.
How much is my personal injury case worth?
The answer to the question of settlement amounts requires ongoing calculations and close attention to detail. Typically, calculations start with major costs like medical expenses and lost wages, and then work to identify a wide range of additional possible impacts such as the actual pain and suffering a victim must deal with after suffering serious injuries.
Will I need to go to trial to get the money I deserve?
There is no guarantee one way or the other that you will be able to settle a case or that you will need to file a lawsuit with the Texas courts, but government studies estimate that 95% of all personal injury claims are resolved before making it to trial, and roughly 50% of claims are settled before a lawsuit is filed at all. Of course, these statistics have no bearing on your unique situation. Working with an attorney will give you the best idea of what to expect moving forward.
Am I entitled to punitive damages for my personal injury accident?
A judge or jury awards punitive damages at the end of a trial in cases where the defendant acted in a particularly egregious or reckless manner and showed significant disregard for the safety of others. Your attorney will not include these potential damages in settlement negotiations, but they may decide to push for a trial if they suspect that your case may warrant these additional damages.
Can I seek compensation if I am partially responsible for my personal injury accident?
It is important to note that Texas is a proportionate responsibility state regarding negligence. Sometimes more than one person is at fault for an accident that led to injuries and damages, and sometimes the injured party is partially at fault for the accident that caused the injuries or partially at fault for the extent and severity of the injuries. A common personal injury defense is that the plaintiff’s conduct caused or contributed to his or her own injuries and damages.
In these types of cases, the percentage of fault will be assigned to parties during trial, and the. For example, if a pedestrian was sending a text message while crossing the street in a crosswalk and was struck by an automobile, the defendant driver might allege that the pedestrian was partially at fault for being distracted while crossing the street. So long as the pedestrian is found to be less than 50% at fault, then the pedestrian retains the right to recovery.
ExcellentBased on 23 reviewsJoseph James2024-03-18I just used West and West to have a will done. I was extremely impressed with the quality of service they provided. I highly recommend them, and will return for any legal issues in the future.Hea Lea2024-01-27Attorney Michael West is outstanding. He fights hard for his clients and he gets the job done. If you have a personal injury claim you can count on him to get you the money you deserve.Laura A2024-01-19I used West & West for my personal injury claim - a slip and fall that involved a trip to the emergency room. Michael West was able to successfully get my medical bills paid and I walked away with money in my pocket. Both Michael and his paralegal were very helpful throughout the whole process.Teresa Dupuis2024-01-11West and West did an excellent job representing our family's estate settlement during the probate process. They are skilled, up to date, and were patient with us and the beneficiaries and helped us keep everything on track during our extended process. Laura and the others were always amazing with us too.Audy Trammel2024-01-10The employees here are all extremely kind and friendly, and they explain everything in a way that's easy to understand. Mr. & Mrs. West are some of the kindest people I've ever met. If I ever need a lawyer again, I have them on speed dial.Alison Thomas2024-01-07Catherine Davis, SLP2023-12-31Nicolas Rutledge2023-12-27I hired West & West back in June when I was T-boned by another driver. Hiring West & West was the best thing I could have done. They treated me like family and not just another case in the books. Michael West is an excellent attorney. I highly recommend this law firm to anyone who has been in a car accident, or anyone seeking legal help. Amazing law firm and staff!!!Sonia Emmons2023-08-12I enjoyed dealing with a local law firm with strong roots in the community. Probating my Uncle's Will was emotional and personal, but the staff made the process easier than I ever imagined. The process was smooth and easy. The care shown by the staff is knowledgeable and caring.