Frequently Asked Questions
Answers to Your Personal Injury Questions
If you have suffered a serious injury that was caused by the careless actions
of someone else, you may be unsure of what to do next. You may be asking
yourself, "Do I have grounds to pursue compensation?" or "How
do I determine liability?" and for this reason, the Doan Law Firm,
P.C. has decided to compile a list of answers to some of the most frequently
asked questions regarding personal injury law. In doing so, we hope to
provide you with the information that you will need to move forward with
your case. For any additional questions that you may have about the specific
nature of your case, however, we advise you to consult a Houston personal
injury attorney from our firm directly.
How much is my claim worth?
This is one of the most common questions we get asked as personal injury
attorneys. The value of a victim's claim will depend on a number of
factors, such as the extent of the victim's injuries, the extent of
property damage, and whether or not the defendant was intentionally acting
in a reckless or wrongful matter. Ultimately, the best way to determine
the value of your claim is to arrange a consultation with an attorney
at our office. We can competently assess the circumstances of your accident
or injury and review any and all medical records, accident reports, or
other related documents to give you an idea as to how much you may be
able to recover in a lawsuit.
What is negligence?
Negligence is a term commonly heard in personal injury law that refers
to any type of reckless, careless, or wanton action that results in the
injury or death of another. For example, when a person sends a text message
while driving, and thus causes an accident, the action of texting while
driving is considered an act of negligence Similarly, if a property owner
is aware of a hazardous condition on his premises, but fails to take appropriate
action to fix the condition, and a guest or patron suffers an injury due
to the dangerous condition, the property owner will be considered negligent
and will be held liable for paying damages.
How long do I have to file a lawsuit?
Every state in the U.S. maintains different laws regarding personal injury
cases, meaning that the statute of limitations will vary across the country.
A statute of limitations restricts a plaintiff's ability to recover
compensation from the responsible party if legal action is not taken within
the designated amount of time. In many states you have two years from
the date of injury to officially file a lawsuit—which is applicable
to cases of medical malpractice and product liability as well. For this
reason, it is vitally important to explore your legal options in the wake
of a negligently caused injury as soon as you have made the decision to
Why is establishing negligence so important?
In a personal injury case, establishing negligence is extremely important,
as a victim cannot win their lawsuit unless they can successfully prove
the defendant was negligent and that the defendant's negligent actions
directly contributed to their injury or accident. Depending on the specific
circumstances of the injury, however, determining liability will be handled
accordingly. For example, if the negligent party had a duty to the injured
individual—including a medical professional or a nursing home staff
member—one must be able to prove that they had breached their professional
duty to provide an adequate level of care.
What if I was partially at fault for causing my own injuries?
Each state across the country follows different negligence laws. In a
modified comparative fault system, for example, there is a 51% rule. What
this means is that even if an injured victim had contributed to the accident
that has caused them harm, they will still be able to obtain damages—as
long as they are not at-fault to a degree that is 51% or higher. For example,
if a jury has found that the plaintiff is 35% responsible for causing
the accident in which they have sustained an injury, they will still be
able to recover 65% of the original damages. If it decided that they are
53% responsible for the accident, however, they will be denied compensation.
In a few states where there is contributory negligence, you are ineligible
for compensation if you are only 10% at fault for your accident.
Call a personal injury lawyer today to see what the rule is in your state and what your case could be worth.
Looking for further information?
If you still have questions regarding your personal injury case, we urge
you to call our office today for a free consultation. By speaking to a
legal professional directly at
The Doan Law Firm, you will have the chance to explore your options and figure out the most
viable way in which to proceed with your case. Whether you have been injured
on another person's poorly maintained property or you have been involved in a
drunk driving accident recovering compensation may be an elemental factor in your recovery. For
this reason, you should not hesitate to take the opportunity that has
been afforded to you by the law to hold the responsible party accountable
for providing you with the appropriate amount of damages. To get started,
call our 24-hour hotline at 1-800-284-5983, or submit a
free case evaluation form to our firm online.