Free Consultation With A Personal Injury Attorney in Tomball TX

Have you been injured and are in need of a free consultation with a personal injury attorney in Tomball, TX? Our legal team can help you. Beverly R. Caruthers is an experienced personal injury lawyer in Tomball, Texas.

Process of Filing a Personal Injury Lawsuit in Texas

A personal injury lawsuit in Texas begins at the time of an accident. This is when the statute of limitations or time limit starts to tick. It is often better for a person to consult with a personal injury lawyer as early in the process as possible so that he or she can provide targeted advice and representation from the onset of a case.

A personal injury lawyer will conduct an investigation into the accident, identify the potentially liable parties and consult with the accident victim to determine the possible legal grounds to recover compensation for the damages. During this investigative process, the personal injury lawyer may interview witnesses, gather medical records, review police reports and consult with experts.

The personal injury lawyer or accident victim will usually file a claim against the insurance company first, if applicable. Many personal injury claims are resolved successfully through this process. A personal injury lawyer can assess the potential value of the claim based on the specific circumstances of your claim and previous case results with similar fact patterns. The Texas Insurance Code requires insurers not to engage in bad faith practices when negotiating insurance claims. However, insurance adjusters represent the interests of their employers, the insurance companies, so they will try to deny or devalue as many claims as possible.

If a fair settlement is not successfully negotiated, a personal injury lawyer can pursue the formal process of participating in litigation, which includes the following steps:

• Filing a complaint – The lawsuit begins when the personal injury victim files a complaint against the at-fault party in the appropriate court, naming the defendant.
• Service of complaint – The complaint must be legally served on the defendant with a summons to appear for a court date.
• Filing of pre-trial motions – The personal injury lawyer or lawyer representing the defendant may file motions before the official trial. These motions may ask the court to rule on the admissibility of certain evidence, to order the other party to provide certain information, to provide certain information, to grant a summary judgment or to dismiss the case, as applicable.
• Trial – If the parties are unable to resolve the case before the trial date, the parties then participate in the trial process. If there is a jury, the first step will be the voir dire process in which the lawyers try to determine if any of the jurors would be biased and unable to render a fair verdict. Once the jury is selected, the trial begins. Each party provides an opening statement. Witnesses are examined and cross-examined. Evidence is presented. At the end of the trial, the judge or jury renders a verdict. If the case is ruled in the plaintiff’s favor, the judge or jury calculates the damages, based on the specific circumstances surrounding the claim.
• Enforcement of judgment – If the defendant or its insurance company does not provide the compensation awarded, the plaintiff and his or her legal team may have to take additional steps to actually receive the money that was ordered by the judge or jury.
• Appeal – If one or both of the parties believe that the judge made important mistakes during the trial that impacted its outcome, they may appeal the decision to the next court level.

Negligence Principles in Texas

Most personal injury claims in Texas are based on the legal theory of negligence. This cause of action requires that the plaintiff establish the following legal elements by proof by the preponderance of the evidence:

• The defendant owed the victim a duty of care
• The defendant breached this duty it owed to the plaintiff
• The breach caused the victim to suffer an injury
• The victim did suffer damages stemming from the injury

Ultimately, these elements ensure that lawsuits that are filed only against parties that are legally responsible for them and resulted in actual harm. The lawsuit’s goal is to establish that the plaintiff did suffer damages and is legally entitled to receive compensation for these damages. Each of these elements is discussed in further detail below.

Legal Duty

The first question to ask in a personal injury lawsuit is if the defendant owed the plaintiff a duty of care. The plaintiff must establish what this duty is. For example, in some situations, the legal duty is based on a special relationship between the parties, such as a school teacher’s duty to pupils or a doctor’s duty to a patient. Some duties are imposed by law, such as the requirements of drug manufacturers to list possible side effects and other warnings on their products. In other situations, the duty may be considered a general duty of care in which all persons owe each other a duty to conduct themselves in a reasonable and safe manner that a reasonably prudent person would act in under similar circumstances.

Breach of Duty

The next element that must be established is that the defendant breached the duty of care. This can be established by showing what the defendant did or did not do under the circumstances and comparing it to what a prudent person would do under the circumstances. For example, in a motor vehicle accident, the victim may be able to show that the defendant breached the duty of care by speeding, driving in an impaired or distracted state, running a red light or violating other traffic rules.

Causation

The victim must also be able to establish that the breach of duty caused the injury and that the injury was not caused by some other factor. The breach of duty must be the actual cause of the accident. If the defendant would not have acted in a certain way or failed to act in a certain way, then the accident would not have happened. Additionally, the breach of duty must be considered the “proximate cause” of the victim’s injuries. This usually means that the defendant was in a position to predict that the type of accident could occur and failed to take the necessary steps to prevent it.

Damages

Even if the plaintiff can clearly establish that the defendant was responsible for the accident, there will be no compensation if the victim did not suffer damages. There must be some right to recovery based on some harm that befell the victim. For example, a victim may suffer a physical injury and incur medical bills. In other situations, the victim may show that he or she suffered property damage or emotional distress from the accident.

When you are seeking a free consultation with a personal injury attorney in Tomball, TX our team is here for you. We provide legal representation for those who have been injured throughout the Greater Houston, TX area. Whether you have lost someone and are pursuing a wrongful death case, have suffered catastrophic injuries, or have been injured in a car accident we will work with you. We handle cases to help you get the compensation you deserve.

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!

Caruthers Law Firm
Address: 4141 Southwest Fwy, Suite 400
Houston, TX 77027
(713) 526-9557
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In the aftermath of an accident that leaves you or a loved one injured, it is crucial to know where to turn for support and justice. The Caruthers Law Firm stands as a beacon of unwavering commitment to the cause of pursuing justice for injury victims. With a track record that speaks volumes about our dedication to excellence and passion for our clients, we have garnered recognition throughout the Houston area as a trusted name in the legal community. When you or a family member suffers an injury due to the negligence of another, the need for an attorney who is not just competent but also recognized for their excellence becomes paramount. The Houston personal injury attorney at The Caruthers Law Firm fits that bill precisely. We have earned accolades and trust from our clients because we don not just handle cases; we champion causes. Our cases frequently involve traumatic, life-altering events, such as the loss of a loved one, and our relentless pursuit of justice ensures our clients receive the compensation necessary to secure their financial future. Our dedicated efforts have successfully secured over $50 million in settlements for our clients, and our commitment to excellence has brought us national recognition, particularly in fields like birth injury law. Whether your life has been upended by a tragic accident or the negligence of another party, you can confide in Caruthers Law Firm to handle your case with the utmost skill, dedication, and compassion in your time of need. Every case we undertake is treated with the gravity and importance it deserves, and we strive to provide the best possible representation to our clients. At Caruthers Law Firm, our attorneys boast an impressive array of knowledge and expertise in various practice areas, including personal injury, criminal defense, wrongful death, and more. We fully acknowledge that each case is unique, and we value the individual concerns and needs of our clients. This understanding leads us to craft tailored legal strategies that address each case is distinctive challenges. When you choose Caruthers Law Firm as your legal representation, you can expect a high degree of professionalism, unwavering integrity, and an unparalleled commitment from the beginning of your case to its conclusion. We are not just lawyers; we are advocates for your rights, dedicated to securing the justice you deserve.

For over three decades, Beverly R. Caruthers has been on an unwavering mission to provide her clients with top-notch, tenacious, and compassionate legal services and representation. Attorney Beverly R. Caruthers has not only amassed extensive experience but has also consistently delivered high-quality legal assistance to those who have sought her counsel. Her journey to legal expertise began with academic distinction, having graduated Cum Laude with a Bachelor of Arts from Tougaloo College, followed by the acquisition of her Juris Doctor from Thurgood Marshall School of Law at Texas Southern University. With a primary focus on Personal Injury, Criminal Law, and Business Law, Attorney Beverly R. Caruthers has honed her legal acumen in these pivotal areas. Complementing her knowledge and skills, The Law Office of Beverly R. Caruthers is fortified by a collaborative team of seasoned and highly qualified attorneys. Together, they work tirelessly to achieve the best possible outcomes for each and every client they serve. In the Caruthers family, the pursuit of legal excellence seems to be a cherished tradition. Briona Caruthers, following in the footsteps of her older brother and colleague, hails from Missouri City, Texas, where she graduated from Elkins High School in 2015. Venturing outside her hometown, she spent four years at Hofstra University in New York, where she diligently earned her Bachelor Degree in Legal Studies in Business in 2019. After her academic journey in New York, she returned to her roots in Houston, Texas. There, she attended the same illustrious institution where her mother, Beverly R. Caruthers, and her brothers, Eddie and Parker Caruthers, had studied—the Thurgood Marshall School of Law at Texas Southern University. In 2022, Briona graduated Cum Laude from TSU, thereby continuing the family legacy. Beyond her legal pursuits, Briona finds solace in retail therapy and enjoys exploring the world through her travels when she is not in the office, fervently advocating for her clients rights. Parker Caruthers, another member of the Caruthers family, was born and raised in Missouri City, Texas, where he completed his high school education at Clements High School in 2012. His educational journey took him to Texas Southern University in Houston, Texas, where he earned a Bachelor’s Degree in Marketing in 2017. Parker commitment to legal studies led him to the Thurgood Marshall School of Law at TSU, from where he graduated in 2021. During his time in law school, Parker legal prowess shone through as he secured victory in the Helen Dawn Williams Mock Trial competition, all while gaining valuable experience through internships at the Harris County District Attorney’s Office. Opting to take a different path by not pursuing prosecution, Parker joined Caruthers Law Firm in 2021. Beyond the legal realm, Parker passions extend to sports fandom and his role as a proud dog owner. At the Caruthers Law Firm, we take a refreshingly transparent and candid approach when assessing our potential clients circumstances. We believe in clear, honest, and direct communication, leaving aside the legal jargon to speak in terms that our clients can readily understand. Each client is treated as a unique individual, receiving personalized and attentive care throughout their legal journey with us.

We are immensely grateful to each and every individual who wholeheartedly contributed to the success of "The Christmas Toy Drive and Giveaway" and "The Back to School Giveaway" right here in the vibrant city of Houston. Your support has made a profound difference in the lives of countless local children, and it is a testament to the incredible community spirit that defines our city. At The Caruthers Law Firm, we take great pride in being active sponsors of these important initiatives, which focus on providing crucial resources to Houstons youth. Some of the recipients come from families struggling with limited income, making it challenging for them to provide the necessary school supplies for their children. For others, the prospect of a joyous Christmas was a distant dream due to a lack of toys. In these circumstances, we aimed to make a meaningful and positive impact on these children and their families. It is through the unwavering support and dedication of our local community that we were able to realize this vision. We encourage you to consider joining us in this noble cause and be a part of the change in the lives of Houston families. Your involvement can take various forms, whether through donating items, contributing funds, or taking the initiative to organize a collection drive within your organization, church, club, or local community. Your support will undoubtedly go a long way in touching the lives of those in need, ensuring that every child in our city can look forward to a brighter future. By working together, we not only provide essential items but also instill a sense of hope, compassion, and generosity within our beloved Houston community. Together, we can create a stronger, more caring, and inclusive community, one that continues to uplift and empower those who need it most. Thank you for being a part of this vital mission.