Texas

Brain Injury

Often resulting from a car accident, drivers and passengers can suffer from Traumatic Brain Injuries.

• Minor concussions can be serious and need proper diagnosis and treatment.
• Symptoms may appear shortly after the accident or in some cases days or weeks after the injury.

Burn Injury

First, second and third degree burns can be very serious and require medical treatment.

Car fires, chemical exposure, electrocution and industrial accidents can all cause severe burn injuries which may require surgery or skin grafts.

Sexual Assault

Sexual assault and rape can occur in many places including apartment complexes and hotels – especially when security is not any good. The physical and psychological effects can take many forms such as sexually transmitted infections (STI), post-traumatic stress disorder (PTSD) and depression just to name a few.

• Property owners need to keep criminals out to keep tenants and customers safe!
• Victims of sexual assault have the right to seek compensation when a business or property owner does not keep them safe.

Broken Arm

Broken arms are one of the most common injuries that can happen to any of us. If your broken arm or other fracture was caused by the carelessness of another, you can have us seek compensation for you if you call now.

Dog Bites

Children and men are more likely than anyone else to be bitten by a dog. Dog bite injuries can affect muscles, bones, nerves and blood vessels along with the risk of infection.

Dog attacks are usually caused by:

• Negligent handling of the dog – such as not using a leash.
• Not having a good enclosure or fence to keep the dog in the yard.
• Inherently dangerous or vicious dogs

If the bite was the result of the owner’s or someone else’s negligence an attorney can seek the compensation you deserve to get medical attention and recover from your injuries.

Post Traumatic Stress Disorder (“PTSD”)

The victims of serious accidents and near-death experiences are often left with issues relating to Post Traumatic Stress Disorder – otherwise commonly known as PSTD.

This condition is a serious as the physical injuries sustained and can require years and years of therapy to deal with the issue.

Spinal Cord Injury

The spinal cord is one of the most important parts of the human body as it transmits information from the brain to muscles instructing our legs to walk and arms and hands to lift. These can be VERY serious injuries resulting in permanent paralysis of upper and lower limbs.

Contact us today if you have suffered a spinal cord injury.

Electrocution Injury

Contact with electrical currents causes injuries such as burns, internal injury even cardiac arrest.

Any electrical equipment used, especially industrial strength, needs to be properly maintained and free of any design defects.

Gas Explosion Injury

Just like electricity, gas can be very dangerous if it leaks which can cause huge explosions. Those who maintain our streets or distribution lines must be extremely careful. If you have been injured as a result of an explosion contact our attorneys.

Premises Liability

Property owners, businesses and employers are expected to keep their premises free from any unreasonable safety hazards. Failure to do so can result in serious slip and fall accidents that can be deadly or result in lifelong injuries and disabilities.

Car Accidents

Every 1 hour and 59 minutes, someone is injured in a Texas car accident. Even seemingly mild injuries may take a long time to heal and require injured victims to miss work and lose valuable income. If you’ve been hurt in a car accident, we can negotiate with the insurance company to provide a just settlement offer that takes the full measure of your injuries and losses into account.

Truck Accidents

Truck drivers and trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA). They are subject to strict rules regarding how long drivers can remain on the road without rest, vehicle maintenance, training requirements and technology use behind the wheel. Unfortunately, cases show that these rules are often broken due to poor hiring practices or in the name of bigger profits. Due to the vast size difference between 18-wheelers and a standard car, the injuries from truck accidents can be particularly traumatic.

Bicycle Accidents

Bicyclists have the same rights and responsibilities as any driver on Texas roads. Because they have little physical protection against harm if a crash occurs, cyclists often sustain serious bodily harm. Many bike accident victims are also children, who are difficult to spot when backing out of driveways in Texas neighborhoods.

Motorcycle Accidents

Texans are required to wear motorcycle helmets unless they are over 21 and have completed a Department-approved Motorcycle Operator Training Course or carry $10,000 or more in medical insurance coverage. But even with a helmet, motorcycle crashes often result in horrific injuries including broken bones, internal organ damage and burns from hot vehicle equipment.

Drunk Driving Accidents

The ultimate example of negligence in motor vehicle crashes is a drunk driver.

If you or a loved one was struck by someone who was intoxicated, our lawyers can help you obtain compensation for their reckless lack of judgment.

Workplace Injury

Some jobs are more dangerous than others. But all workers are entitled to jobsites that are as safe as possible. Workplace injuries can occur across all industries but are especially common in construction sites, work zones, factories and in healthcare clinics or hospitals. Some job-related injuries take decades to develop, such as mesothelioma.

Wrongful Death

Family members who lose a loved one due to someone else’s negligence suffer a tremendous emotional and financial blow.

While no amount of money can make up for the loss of a beloved relative, filing a wrongful death claim can alleviate some of the stress b providing money for:

The damages that can be recovered in a personal injury case depend upon the severity of the actions of the negligent party.

Following a truck, car, machinery or other accident or incident, an assessment of damages that can be recovered by the victim would be performed after the following issues are established:

• Negligence — duty or breach of duty
• Causation — the injury sustained was a result of the accident/negligence
• Or medical negligence due to physician or surgeon mistake

Typical damages that are recoverable in injury cases include:

• Past and future physical pain and suffering
  Physical pain includes so much more than just the onset of pain you experienced at the time of the wreck or accident. It includes the pain you endured when having broken bones reset, or undergoing a series of skin grafts due to serious burns, or any number of medical procedures necessary to treat the injuries you suffered as a result of someone’s negligence.
• Past Medical Expenses
  Your medical bills may remain unpaid or you may be entitled to be reimbursed for the expenses you incurred as a result of the treatment you need for your injuries. You may also recover future medical expenses to treat ongoing or long-term conditions brought about by your injuries.
• Punitive (Exemplary) Damages
  In some cases where a person or company’s negligence is extreme punitive damages may be awarded over and above compensatory damages. An example would be an employee who is seriously injured or killed while working for an industrial or construction company who refuses to provide safe working conditions or safety training to their workforce.
• Past and Future Disfigurement
  Disfigurements include scars and scarring resulting from lacerations received in the accident or post-operatively. Disfigurement may also occur as a result of loss of limb or appendage, or improperly healed fractures.
• Past and Future Physical Impairment
  Such impairments may limit your ability to take care of yourself, tend to your normal daily routine, go to work, drive a car, walk, run, or participate in other activities you enjoyed prior to being injured in an accident. Physical impairment may be temporary, permanent, or long-term.
• Loss of Past Wages
  Loss of past wages is not limited to recovery by the injured person. In the event of a wrongful death action, a decedent’s lost wages may be recovered by the widow or widower or parent or heirs at law.
• Loss of Future Earning Capacity
  Just like past wages, this loss is not limited to recovery by the injured person. In the event of a wrongful death action, a decedent’s loss of future earning capacity may be recovered by the widow or widower or parent or heirs at law.
• Loss of Consortium
  Sometimes the injuries to one person are so severe it injures the relationship within the family. Loss of consortium has been defined in Texas as an emotional and intangible element in a marital relationship so it is broad enough to include a wide variety of elements. It can therefore include the loss of:
  • the mutual right of spouses to affection
  • assistance
  • comfort
  • companionship
  • solace
• Loss of Household Services
  In some cases, one spouse may be entitled to compensation for loss of domestic service typically performed by the other spouse.

An accident or injury can be damaging in so many ways beyond the physical. Allow us to be your guide in obtaining your restitution.

All personal injury cases depend upon proving negligence. In other words, plaintiffs must be able to show that the at-fault party acted recklessly and that their carelessness directly resulted in the victim’s injury and other losses.

Some claims will include multiple defendants. For example, a truck accident involving multiple vehicles may find that fault is spread among all of the involved parties, including yourself. It could also include trucking companies or parts manufacturers if a defective part played a role in the crash. While other cases such as a drowning in a pool, where only one party could be at fault for not putting up a fence.

Many injured people make the mistake of believing that they cannot recover compensation if they are partly to blame for an accident. That’s not necessarily true. Texas uses a legal concept called comparative negligence in cases of shared fault. Put simply, it means that you can still be awarded money as long as you were not more than 50 percent responsible for the accident. However, your portion of the award will be reduced by your percentage of fault. It’s best to talk to an attorney when there are questions of shared liability because you could completely be barred from damages with an unfair assignment of fault.

Sometimes it is straightforward to identify the negligent parties in an accident. But a thorough investigation by an attorney could reveal “hidden” defendants that you may have never thought could play a role in your case.

Possible defendants could include individuals, property owners, landlords, retailers, product designers or manufacturers, companies, hospitals, dog owners, government agencies and employers, to name a few. The unique circumstances of every injury claim means that each case could be handled differently under Texas law.

Insurance companies are profit-driven. Adjusters will do whatever they can to reduce the value of an accident claim. The first settlement offer is often far lower than what the injured party actually deserves. It’s all part of their job. But the job of an attorney is to fight for what’s fair.

Insurance companies use a standard formula to place a value on an insurance claim. The first part of the calculations looks solely at the direct costs of the claim. This includes quantifiable amounts such as medical expenses, property damage and lost wages. Adjusters begin to struggle when calculating pain and suffering and the emotional toll of the accident, which are more abstract and up for debate.

Injured people can reasonably expect to get a higher settlement if their injuries were severe and have drastic long-term consequences. However, there is a tendency for insurance companies to undervalue the true costs of a claim when the future for a victim with a life-altering catastrophic injury is uncertain. Accepting a low settlement offer can be devastating if complications arise.

The attorneys at Fleming Law, P.C., are familiar with the tactics that insurance companies use to offer lowball payouts. We investigate all cases as if they are going to trial. Our strong approach lets them know that we won’t accept an unfair settlement.

Note: It’s important to understand that settlement offers cannot exceed the insurance policy’s limit amount. No insurance company will pay above the cap even if your injuries are worth more than the insured party’s limit. In those cases, it’s very important to contact an attorney to see about other possible legal remedies.

In general, you probably won’t need an attorney specializing in injury law for a minor fender-bender with little property damage and no injuries. It may be smarter and save time to accept settlements for inexpensive repairs than to hire an attorney and incur legal fees.

The answer is different if you have been in an accident with injuries and significant property damage. Nothing obligates you to file a personal injury case. The time after an accident is very stressful and sometimes people find it best to accept a settlement and be done with it.

But if you’ve been hurt, think about your injuries and circumstances. Were you injured while using an e-cigarette, in a car accident, or slip and fall accident? Can you afford to pay for the medical expenses and the expected costs of rehabilitation like physical therapy? Will you be able to support your household based on lost income or expected lost income? Are you suffering emotionally from the trauma? Would it be comforting to have extra compensation for your injuries and losses?

Depending on your answers, it may be worthwhile to contact a board-certified attorney serving in Houston. Most injury firms including Fleming Law, P.C., offer free initial consultations to discuss the facts of your case. And if you decide to hire us, you don’t pay unless we win your case.

The benefit of consulting with a is that you can learn about all of your legal options. There are many misconceptions about what happens when you file a lawsuit. People envision facing off against a defendant in a courtroom and being interrogated by the opposing attorneys.

The reality is that most injury lawsuits result in settlements. Only 4 to 5 percent of those cases actually go to trial. Trials are more expensive and time-consuming, so it is usually in everyone’s best interest to come up with a fair settlement that both sides are happy with.

A settlement simply means that you (the injured party) accept an amount of compensation from the responsible party (or parties). In return, you agree not to seek any further damages from them.

Injury claims are civil lawsuits. It’s possible that a criminal case against the negligent party (such as a drunk driver) will take place while you are pursuing your civil case. However, those two claims are entirely separate and handled by different attorneys applying different Texas statutes.

A personal injury case does not have to happen at the same time as a criminal case (if there is one). In Texas, there is a two-year statute of limitations to file a claim against a negligent party. Sometimes the extent of the injuries is so uncertain that it can be wise to wait to file suit until you fully understand what your ultimate outcome will be. However, you still should talk to an attorney as soon as possible after your accident so that you don’t miss the deadline or risk that valuable evidence is lost. When the statute of limitations expires, it’s highly likely that your case will be dismissed.

Michael P. Fleming on the steps of the United States Supreme Court building after a successful argument

In his 30 years of practicing law in the Houston area, Michael P. Fleming has handled thousands of cases – both plaintiff and defense. He has defended elected officials, companies, public employees and other individuals who have been sued for damages in state and federal courts. His accomplishments including achieving recognition and board certification in Injury Trial Law by the Texas Board of Legal Specialization help him do what is needed to mount a successful defense when you are facing a claim in court.

Early in his career, Mr. Fleming served as an assistant Harris County Attorney defending the taxpayers and elected officials and employees in federal civil injury cases. In that capacity, he saved millions and millions of dollars for the public and was certified as a personal injury case law specialist in 1995. In 1996, he successfully sought election to the top position in the office – Harris County Attorney. That position is the chief counsel in civil matters for the thousands of employees and elected officials in county government. Even after voluntarily leaving that position after re-election, Mr. Fleming has continued to defend government entities, officials and private citizens and their companies in lawsuits seeking damages for injury and other claims.

What Type of Cases do we Defend?

We can help you protect your assets by aggressively defending you or your company in court in just about any civil claim including:

If you have received a notice from a plaintiff’s lawyer that you are about to be sued – or if you receive a citation (notice of a lawsuit against you) you should immediately contact your insurance carrier so that they can hire you an injury defense lawyer. If you do not have insurance or if the insurance company is denying coverage, you will need to hire a law firm to defend you in court. Individuals can represent themselves (usually a big mistake) but companies cannot be represented by their owner unless the owner is also a licensed attorney. If you think your council is inefficient, you are able to change lawyers.

Can’t I Hire a Civil Defense Lawyer Later?

It can be a big mistake to delay in finding an injury defense if you or your company have been threatened or actually sued for personal injuries. If you have received a citation and do not file the proper paperwork in court to deny the allegations and mount a proper defense, you might find yourself as the subject of a default judgment which means you lose the case. If you don’t answer the lawsuit, the next notice you receive might be the actual judgment against you. It will then be too late to defend yourself in court.

If you or your company are facing a lawsuit for injury damages, do not delay in seeking counsel from a qualified injury defense lawyer. Contact Michael P. Fleming for a free, no-obligation consultation.