Victims of assault may not initially know what their rights are under the law. Many victims don’t understand which type of legal process, civil or criminal, applies in their case.

When it comes to assault in Texas, the legal remedy to the situation may not simply be a criminal one, but a civil one as well – because you can bring a personal injury lawsuit to the table.

If you’ve been assaulted, then it’s important to understand effective ways you can get the compensation you deserve. Here’s what you need to know about criminal court rulings and how they can play into a personal injury claim.

The Basics of Personal Injury Lawsuits

When someone suffers from an injury or accident that someone else is legally responsible for, then they can bring a personal injury lawsuit. The person responsible can be held legally liable for the victim’s medical expenses, medical bills, as well as pain and suffering.

Formalizing a Claim

One of the best ways to formalize a personal injury lawsuit is through the representation of a lawyer. They can represent you in civil court proceedings and understand how to combine the results of a criminal ruling with the case.

Statute of Limitations

Personal injury lawsuits are dictated by a statute of limitations. In general, this is the time you have to bring a personal injury lawsuit to court. These limitations are established by state law and vary based on the type of injury you sustained in the assault, so it’s a good idea to begin pursuing a personal injury lawsuit as soon as possible after the injury occurred.

The Difference Between Civil and Criminal Cases

A criminal trial seeks to determine the guilt of the person accused of a crime and impose the appropriate punishment if they are convicted.

In a criminal trial, the victim may play a role in testifying, but they are not a part of bringing the charges against the accused. The district attorney is the person who decides if a plea bargain is accepted or if charges should be brought.

For a civil lawsuit, which is the category a personal injury lawsuit would fall under, the victim or their family sues for losses.

In a criminal case, the court may order restitution to be paid to the victim. In civil lawsuits, liability is proven and damages are based on the evidence presented in court.

Do You Need a Criminal Conviction In Order to Sue?

Personal injury lawsuits are separate from criminal court proceedings. A defendant does not have to be found guilty in criminal court to be held liable in a personal injury suit. There are some crimes where a conviction can be used as the basis for a personal injury lawsuit.

What You Should Do?

If you’ve been the victim of assault and want to bring a personal injury lawsuit, then there are a few things you can do. The first step is to keep and document anything related to the case. Any police reports or hospital records you have should be kept.

Next, you’ll want to find a personal injury attorney to represent you. They can file the lawsuit on your behalf and get the entire process started, regardless of what may be happening in the criminal part of the case.

Criminal assault allegations are serious business, but it’s important to remember they aren’t the only line of action you can take as a victim. There aren’t just criminal penalties for this type of offense, there are civil ones too.

About the Author:

After getting his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing law in Texas in 2005. Before joining the Fulgham Hampton Personal Injury Attorneys, he worked as a prosecutor for the Tarrant County District Attorney’s Office – experience he uses to anticipate and cast doubt on the arguments that will be used against his clients. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their cases. He is Lead Counsel rated, has been named one of Fort Worth’s 3 Best DUI Lawyers, and his skill has earned him recognition from Avvo, Expertise, the National Trial Lawyers, and others.

The post Texas Assault: It’s Not Just a Criminal Case appeared first on Fulgham Hampton Personal Injury Attorneys.

If you are thinking about filing a personal injury lawsuit, here are the most common examples of cases that are successfully awarded by the Texas court system.

Types of Personal Injury Lawsuits Filed by People in Texas

You have grounds to file a personal injury lawsuit if someone’s negligence caused harm to you, and serious injury was the result. In these cases, you can seek compensation for medical bills, lost income, property damage, or pain and suffering. These are the most likely cases to be won by plaintiffs in Texas.

Car Accident Injuries

If another was at fault for the injuries you sustained in a car accident, you may have grounds for an auto crash lawsuit.

In Texas, the courts operate under a modified comparative negligence principle. Under this principle, the judge or jury will look at the percentage of fault among all parties involved in the accident. If you did not cause any more fault than the driver who caused your injuries, you can file a claim. However, your damages may be reduced by your percentage of fault.

For example, if the other driver is determined to be 70 percent at fault for your accident, your court award will be reduced by 30 percent, which is equal to your share of the fault.

Texas laws also have limits on how much you can be awarded. Your maximum reward is equal to the greatest number of the following three options:

• $200,000
• Twice the amount of economic damages plus $750,000
• Twice the amount of economic damages plus the amount of non-economic damages

Economic damages include vehicle repair, lost income, and medical expenses. Non-economic damages include pain and suffering experienced after the accident.

Slip and Fall Accidents

If you fall and experience injury due to someone else’s negligence, you may be able to receive compensation in a premises liability lawsuit.

You can file a claim against the property owner’s insurer, or you can file a lawsuit with the Texas court system.

You’ll need to file within two years of the accident. You can seek compensation for injuries and any personal property that was damaged, such as jewelry.

You could also be held partially responsible for a fall, which may reduce your potential compensation. For example, if you were texting while walking, the court may determine that your damages should be reduced. Your final award will be reduced by your percentage of fault.

Defective Product Accidents

Some injuries occur because a product is defective. In these cases, you can hold the product’s maker responsible for your injury.

Common examples of defective product cases include the following:

• Toys
• Tools
• Kitchen Appliances
• Household Appliances
• Chemicals
• Machinery

A skilled Texas injury attorney will know whether you can hold the product designer, manufacturer, or distributor liable for your injury. Sometimes several parties can be held liable. These cases can be complicated and hard to fight, and you will need a knowledgeable lawyer to advocate on your behalf.

These are not the only types of injuries for which you can receive compensation. If you or someone you love has been injured and you believe that another is responsible, get in touch today for your free consultation with a Texas personal injury lawyer.

About the Author:

Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU, and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. He has been recognized for his work by The National Trial Lawyers, Fort Worth Magazine, and others.

The post  Some of the Most Common Personal Injury Claims in Texas appeared first on Fulgham Hampton Personal Injury Attorneys.

In 2016, the state of Texas experienced 3,773 fatalities from car crashes. Thousands of other Texans were involved in other non-fatal crashes.

Those statistics just begin to paint the picture, though.

Texas Motor Vehicle Crashes – By the Numbers

• Every 57 seconds, one reportable crash happened.
• Every 2 hours and 20 minutes, one person was killed in a crash.
• Every 1 minute and 59 seconds, one person was injured in a crash.
• The number of people who sustained a serious injury from a crash was 17,582.
• The number of people injured in crashes was 265,076.
• Over 43% of those individuals killed in crashes were not wearing seat belts or restraints.
• Accidents involving one vehicle that ran off the road killed 1,293 people, which represents over 34 percent of all fatal crashes.
• In crashes involving a drunk driver, 987 people were killed, which represents 26 percent of the overall fatality rate. Alcohol-involved crashes happened most often on Saturdays and in the hour between 2:00 a.m. and 3:00 a.m.
• Crashes that occurred near or within intersections caused 814 deaths.
• Head-on crashes took the lives of 638 people.
• Distracted driving was the cause of 455 crash-related deaths.
• Rural areas were the setting for over 51 percent of all fatal crashes.

Do you know your rights and what the law requires of you if you are in a car crash in Texas?

If you ever join the ranks and become one of the many people injured in a Texas car crash, you need to know what the law states about liability and protections. A knowledgeable Fort Worth personal injury attorney can explain the fine details of the law, but here is an overview to help you gain a basic understanding of Texas car crash laws.

The Basics of Car Crash Law – and Liability – in Texas

If an accident involves personal injury or death, the law requires you to stop your vehicle or immediately return to the scene. If anyone needs aid, the authorities should be called. If someone leaves the scene of an accident, the punishment is a second degree felony if death occurs, and a third degree felony if serious injury occurs. If other injury occurs, the penalty is a fine of up to $5,000, one to five years in jail, or both.

If a vehicle is damaged in a crash, the vehicle operator must stop at the scene without obstructing traffic and remain at the scene until the authorities arrive. If the accident occurs on a freeway, the operator should move the vehicle to the roadside or adjacent street if possible. Leaving a scene of this kind of accident can result in a Class C misdemeanor charge if the total damage to all vehicles is less than $200, and a Class B misdemeanor charge if the total damage is over $200.

Texas law considers it a duty of the vehicle operators to exchange information including name, address, registration number, driver’s license, and insurance information. They should also be willing to assist one another in transportation to the hospital.

If you strike an unattended vehicle, the law requires you to post written notice on the vehicle that was struck. You must include your name and address. Failure to do so is a Class C misdemeanor charge if the total damage to all vehicles is less than $200, and a Class B misdemeanor charge if the total damage is over $200.

If you strike a fixture, structure or highway landscape, the law requires you to notify the property owner and provide name, address, registration number, and driver’s license. Failure to do so is a Class C misdemeanor charge if the total damage is less than $200, and a Class B misdemeanor charge if the total damage is over $200.

Even if you do not call the police to the scene of the accident, Texas law requires you to file a crash report within 10 days of the accident if it results in death, injury, or total damages of more than $1,000.

In Texas, you can file a lawsuit or insurance claim against the at-fault driver. All drivers may be held liable for the damage they caused. If you have liability insurance through your insurer, you should be covered up to a certain amount. Call your insurer to report the accident as soon as possible. Then get in touch with an experienced auto accident lawyer.

If you file a lawsuit, any evidence you collect will be important in your case. Share photographs, medical records, witness accounts, and insurance claims with your attorney. They will use this information along with the police report to build your case.

About the Author:

Since she started practicing law in Texas in 2004, Sharon Fulgham has been named a Rising Star by SuperLawyersand a Top Attorney by Fort Worth Magazine multiple times. Additionally, she has worked with some of the best attorneys in the state, and served as a partner at the biggest law firm in Fort Worth. Sharon has successfully handled cases at both the state and federal level, and always provides her clients with legal services that are personalized to fit their needs. Outside of work, the most important things in Sharon’s life are her faith, her family (husband Brandon and three children), and serving her community.

The post The Rules – and Your Rights – after Getting into a Texas Car Crash appeared first on Fulgham Hampton Personal Injury Attorneys.