When you have suffered an injury due to the reckless or negligent actions of another person. business, or entity, you should not be held responsible for the impact this injury has on your financially. Houston personal injury lawyer, Beverly R. Caruthers works with injury victims to help them recover money for medical bills, lost wages, pain and suffering, and more. If you are an accident victim with medical expenses adding up, reach out to our law firm for a free consultation today.
Personal Injury Claim in Houston, TX
What is a Personal Injury Lawsuit? The Basics
Personal injury cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The responsible person’s insurance company will pay money to the injured person for medical bills, pain and suffering, and other ongoing medical expenses. If the case involves medical malpractice, your personal injury attorney will be working with insurance companies and hospital attorneys.
A personal injury case can become formalized through a personal injury lawyer representing you at a civil court proceeding. This court session seeks to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed.
The likely two outcomes of a case, such as needing medical treatment for a car accident or an injury from property damage, are below:
- Formal Lawsuit – Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the “plaintiff”) files a civil complaint against another person, business, corporation, or government agency (the “defendant”), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as “filing a lawsuit”. Our discussion on negligence and proof is especially helpful.
- Informal Settlement – In reality, most disputes over fault for an accident or injury are resolved through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides. A settlement commonly takes the form of negotiation, followed by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.
What is “Pain and Suffering”?
There are two types of pain and suffering: physical pain and suffering and mental pain and suffering.
- Physical pain and suffering is the pain of the plaintiff’s actual physical injuries. It includes not just the pain and discomfort that the claimant has endured to date, but also the detrimental effects that he or she is likely suffer in the future as a result of the defendant’s negligence.
- Mental pain and suffering results from the claimant’s being physically injured, but it is more a by-product of those bodily injuries. Mental pain and suffering includes things like mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock. Mental pain and suffering is basically any kind of negative emotion that an accident victim suffers as a result of having to endure the physical pain and trauma of the accident.
Very significant mental pain and suffering can include anger, depression, loss of appetite, lack of energy, sexual dysfunction, mood swings, and/or sleep disturbances. Even more severe mental pain and suffering can even constitute post-traumatic stress disorder (PTSD).
Mental pain and suffering, like physical pain and suffering, includes not just the effects that the victim has endured to date, but also the mental pain and suffering that he/she will more than likely suffer into the future.
Examples of Pain and Suffering
Let’s look at a couple of examples of how car accident victims might experience pain and suffering.
First, let’s take a more severe case. Let’s say that someone got into a car accident that caused multiple broken bones along with a severe concussion. That is a pretty serious accident. As a result of these injuries, the claimant became depressed and angry, had difficulty sleeping, and experienced significant loss of appetite. As a result of these problems, the claimant was referred to a psychologist and a therapist. All of these problems are directly related to the accident, and the claimant is entitled to compensation for mental pain and suffering due to the accident.
Mental pain and suffering can sometimes get so bad that it prevents the victim from returning to work even after the physical injuries have healed. In this case, this victim’s depression due to the accident might linger long after his/her broken bones and concussion healed. In such a case, the victim would still be able to claim any damages related to the mental pain and suffering, such as lost income.
Next, let’s look at a less serious example of mental pain and suffering. Let’s say that someone gets into a car accident and suffers back strain. As a result of the back strain, the claimant is prevented from exercising for several weeks, and, during this time, is prevented from running in a marathon that they had been training months for. As a result of missing the marathon, the claimant is angry, frustrated, unhappy, and maybe even a little depressed. This claimant has no need for mental health assistance, but these effects, while comparatively minor, still qualify as mental pain and suffering.
For over 23 years The Law Office of Beverly R. Caruthers has dedicated itself to providing clients with high quality, aggressive and caring legal services and representation. Attorney Beverly R. Caruthers graduated with a BA from Tougaloo College (Cum Laude) and received her JD from Thurgood Marshall School of Law (Texas Southern University).
Personal Injury, Criminal and Business Law are Attorney Beverly R. Caruthers areas of focus. With a collaborating team of experienced and highly qualified attorneys, The Law Office of Beverly R. Caruthers works diligently to achieve maximum results for every client.
Spanish Speaking Car Accident Lawyer in Houston, Texas
Spanish-speaking individuals can have a more difficult time seeking justice in their personal injury cases due to language barriers. This causes them to not take action against those who have left them with financial devastation and physical trauma. At the Law Office of Beverly R. Caruthers, our team refuses to let a language barrier affect your right to justice and compensation. If you or someone you love has been injured in an accident and is in need of Spanish-speaking legal advice, our team is here for you.
Personal Injury Lawyer in Houston, Texas
If you or someone you love has been involved in a car accident and suffered an injury, experienced loss of income, or are unable to work due to a car accident, you can benefit from the services of a Houston car accident expert in your personal injury case. Whether you missed work due to an injury or due to not having access to a vehicle, Attorney Beverly R. Caruthers can help you!