Personal injury lawsuits are those that involve injuries caused to a person due to another person?s or company? s negligence, liability or intentional misconduct. A person may incur an injury because of another person/company in several ways including automobile accidents, workplace injuries, slips and falls, use of defective drugs/dangerous products, injuries due to professional negligence or mishandling such as medical malpractice, premises injuries, pet bites, catastrophic injuries, amputation and paralysis, exposure to asbestos & silicosis, burns and electrocutions, offshore accidents, refinery accidents, toxic torts, stock frauds, and many others. A personal injury may result in both physical and emotional damage, and even permanent disability or death.
Houston personal injury laws such as the Tort Law give protection to people who have been injured by another person/persons/ company. A person who has filed a lawsuit for personal injury is required to prove that the injury was a result of an action by another person/company. Some people may reach a settlement out of court for a certain amount to compensate for the injury. But many people seek justice by filing a lawsuit in the courts. If the case is won, the person receives compensation that may include medical bills, lost wages, including overtime, pain and suffering, physical disability, disfigurement, permanent scars, emotional trauma, mental anguish, loss of enjoyment, loss of love and affection, embarrassment, mental disability, property damage, and all out of pocket expenses (such as transportation charges, house cleaning and others). These are compensatory damages. The plaintiff may also be awarded punitive damages or exemplary damages that are aimed to prevent the offender from repeating the same action in the future.
Houston has a two-year statute of limitations that determines the maximum period within which a case can be filed for personal injury. Claims in which the recovery money involved is less than $5000 can be settled in the Small Claims court. The case has to be filed in the county where the defendant resides. The filing fee is $10 and an additional $15 may be charged for service of process by registered or certified mail as a service rendered before judgment. Jury trail requires additional fee. These expenses can be recovered from the defendant if the case is won.
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