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  • Lawyers of Distinction 2021
  • American Academy of Attorneys Best of Texas 2021
  • Attorney and Practice Magazine's Top 10 Personal Injury Attorney

Houston Personal Injury Lawyers

Committed to representing the rights of the injured both in Texas and across the nation.

Stewart J. Guss and his team of Houston personal injury attorneys and staff are committed to representing the rights of the injured. From our Houston headquarters, we relentlessly pursue justice for our clients wherever they live, and will work tirelessly to obtain the highest possible recoveries on all of our client’s cases. Call today for a free confidential case review on car accidents, truck accidents, 18-wheeler accidents, bicycle accidents, motorcycle accidents & any other accident that resulted in severe injuries such as traumatic brain injuries, wrongful death, and more.

When you retain our team of skilled personal injury attorneys and legal professionals, you can rest assured that we will do everything possible to hold the responsible parties accountable for their actions and that we will “move mountains” to seek the maximum recovery for your case.

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Houston Personal Injury FAQs

Injuries occur every day from preventable accidents. Fortunately, many injuries heal, and some do not require medical treatment. People can continue with life without facing massive economic consequences. However, severe injuries can lead to massive financial losses and mental anguish on top of the physical pain of an injury and the recovery process.

If you have sustained injuries due to the careless behavior of another person, business, or entity, you have several decisions to make in the coming days and weeks. Individuals who suffer serious preventable injuries commonly feel uncertain about their next steps, but consulting with an experienced personal injury law firm can provide the guidance you need to move forward with your life.

Until you have an opportunity to discuss the details of your case with our legal team, we have compiled answers to the following frequently asked questions about personal injury lawsuits and the legal process of seeking compensation for preventable injuries caused by others.

Get the Legal Help You Need From Our Houston Personal Injury Lawyers!

The legal team at Stewart J. Guss, Injury Accident Lawyers, enjoys national recognition for protecting the rights of injured victims for over two decades. If you suffered injuries at work, on the road, or any other location in Houston, call us to discuss your case with one of our intake specialists. Learn all about your legal options!
Our team has someone available 24 hours per day, seven days per week, and we are here to help. Don’t delay and miss out on recovering compensation for your injuries. Contact Stewart J. Guss, Injury Accident Lawyers, today at 800-898-4877.

How Do I Know if My Injury Is Severe Enough to File a Claim?

If you think you should contact an attorney and file a claim, you should follow your intuition and speak with a Houston personal injury attorney. Whether your injury was extreme or minor, it is always wise to consult with a lawyer and file an injury claim.

Contact a personal injury law firm that can review the facts of your case and determine the viability of your claim. You don’t lose anything by finding out that you do not have a viable claim. However, if you assume that you didn’t suffer severe enough injuries to take action and just try to move on, you might miss out on the opportunity to receive compensation you’re entitled to! Don’t risk losing thousands of dollars that could help you out.

The following scenarios also serve as good indicators that you need a personal injury attorney to help with your claim:

  • Your injuries caused you to miss weeks or months of work, losing wages for your time away.
  • You needed one or more surgeries after your injury, or you need surgery in the future.
  • You spent more than a few days in the hospital for your injury.
  • You face a permanent condition or disability because of your injury.
  • You have received a diagnosis for a chronic issue or terminal disease because of another party’s negligence.

What Types of Damages Can I Recover From a Personal Injury Claim?

If you file a personal injury claim after suffering injuries due to negligence, you could receive compensation for your injuries and related losses. The exact damages that someone receives depend on the type of injury and the total losses.

Insurance settlements and jury awards might include compensation for:

  • Medical expenses, including ambulance and emergency services, surgery, doctor visits, X-rays, lab tests, prescriptions, and transportation costs to and from the hospital.
  • Estimated future medical treatment costs when an injury causes a permanent condition or injury that requires ongoing care and treatment.
  • Rehabilitation expenses, including specialized treatment, such as physical therapy, occupational therapy, mental health services, and other treatments that help victims of negligence cope with the physical and mental challenges they face after sustaining injuries.
  • Lost income from missing work due to injury, hospitalization, and recovery.
  • Lost earning capacity if an injury prevents a victim of negligence from returning to work in the future or calls for a career change.
  • Pain and suffering.
  • Emotional distress.
  • Loss of consortium.
  • Scarring and disfigurement.
  • Punitive damages when injuries result from gross negligence or intentional harm.

Your Houston personal injury lawyer will evaluate your case and advise you on which damages may apply to your situation.


What Is the Statute of Limitations for Personal Injury Lawsuits in Texas?

A statute of limitations is a time limit that dictates how long victims of negligence or intentional harm have to bring a civil lawsuit against the person, business, or another entity that harms them. In Texas, the vast majority of personal injury claims fall under a two-year statute of limitations. Plaintiffs must file a lawsuit within two years from the date of their accident. The same statute of limitations applies to family members seeking compensation in a wrongful death lawsuit after the tragic loss of a loved one.

Regardless of the strength of your claim, if you fail to take action before the statute of limitations runs out, a Texas court will likely refuse to hear your case. 

The law does allow for some exceptions in rare situations. Examples of scenarios that might constitute grounds for a court to pause or toll the statute of limitations for a plaintiff or situations for which Texas law automatically grants a longer statute of limitations include:

  • Children who are victims of sexual assault or sexual abuse have 30 years to bring a civil suit against their abuser.
  • Adult sexual assault victims have five years to bring a lawsuit against the party who assaulted them.
  • Those who suffer construction accidents from faulty building design have 10 years to file a claim against the engineer or architect responsible for the structure.
  • Those who suffer injuries from a defective product have 15 years from the date of purchase to file a lawsuit.
  • Those who want to sue the City of Houston, Harris County, or the State of Texas must file a notice of a claim within six months from the date of injury.

Your experienced Houston personal injury lawyer can evaluate your case and advise you on which statute of limitations applies to your claim.


Who Pays My Medical Bills After Suffering Injuries in Houston?

You must pay your medical bills after receiving treatment for injuries, even if another party caused your accident. Initially, your health insurance will kick in and your auto insurance benefits will apply if you have purchased optional medical payments coverage. If you prevail in your personal injury claim, you will receive compensation for your medical expenses from a settlement or jury award. It’s common for victims of negligence to receive reimbursement for medical treatment costs. Additionally, any money someone receives for accident injuries often covers unpaid medical bills.

Some injured individuals choose to avoid paying their medical bills until the conclusion of their case. However, failure to pay can result in medical providers sending bills to a collection agency and potentially damaging someone’s credit rating. Don’t let the careless person or business that harmed you ruin your credit, too! If you cannot afford to pay your medical bills after treatment, you should explain your situation to your providers. If they understand your situation, they might put your account on hold or make a payment arrangement that fits your budget. Most importantly, these providers will usually refrain from sending your accounts to collections.


Do I Have to Go to Court for My Personal Injury Claim?

Most personal injury cases settle out of court. Your personal injury claim likely will not go to trial, but you should always prepare for that possibility. We can’t know for certain if you will need to go to court. Whether you go to court depends on the type of event that led to your injuries and the extent of your injuries. If you sustained injuries in a Houston traffic accident, you will likely settle out of court. The outcomes of other types of cases vary greatly. Your legal team will review the event that led to your injuries and advise you on the probability of your case proceeding to trial. Together, you can formulate a strategy.

Although you face a higher likelihood of going to trial in cases that do not involve traffic accidents, both sides of personal injury claims typically like to pursue settlement options. Litigation may add a year or more to the timeline of your claim. Sometimes negotiations fail, and you may need to take your case to trial to pursue fair compensation for the full cost of your injuries. Your attorney might also recommend alternative dispute resolution, such as mediation, to avoid the costs of going to trial.


What Should I Do if the Insurance Company Makes an Early Settlement Offer?

If you have not already consulted with an attorney, you should contact a Houston personal injury lawyer as soon as possible to review the offer you received. Most personal injury claims involve some type of insurance carrier for auto insurance, homeowners’ insurance, commercial property insurance, and others. Insurance carriers protect their bottom line by reducing the amount they pay on each claim that comes their way.

These companies often employ a tactic of presenting settlement offers early in the process to trick injured individuals into accepting low amounts. Insurance companies use these predatory offers to tempt victims of negligence to accept the money and resolve the claim, especially when they sense you’re suffering financially. 

Beware: Accepting an offer also includes waiving the right to seek further compensation for the same damages, eliminating the insurance company’s risk of paying out a higher settlement or court-ordered damages later on.

Victims of negligence who accept an offer too soon typically do not know the full extent of their injuries or long-term prognosis. Permanent injuries and illnesses increase the value of a claim. When insurance companies make an early offer, it can leave victims without the money needed for additional medical treatment, nursing care, lost wages, and other expenses. Fortunately, an attorney can review the offer and use it as a starting point for negotiations to help you fight for compensation to cover the full cost of your injuries.


How Long Before I Receive Compensation for My Injuries?

Various factors impact how long you have to wait to receive money for your injuries if you prevail in your claim. Some claims settle within a few months of an injury, and others take years because they have to go to trial. It’s impossible to give an exact timeframe, but a consultation from a lawyer can let you know what to expect with your unique case.

Examples of factors that could extend how long you need to wait for compensation include:

  • Liability. In some personal injury claims, you can determine liability easily. Sometimes, the other side refuses to accept fault or come to the table for negotiations, extending the timeline of a claim.
  • Multiple defendants. Sometimes more than one person, business, or other entity may bear responsibility for injuries. The existence of multiple defendants in a case means more insurance providers trying to shift the blame around to avoid financial responsibility.
  • Witness availability. Your legal team needs to take statements from eyewitnesses. They might also reach out to expert witnesses for an opinion or testimony. Coordinating witness schedules can make negotiations or trials take longer than usual.

How Much Money Will I Need to Pay Upfront to Hire a Personal Injury Lawyer?

Personal injury lawyers do not charge upfront retainers, like divorce attorneys and tax attorneys. Never let concerns about the cost of legal counsel prevent you from taking action to seek justice for your injuries. It’s the industry standard for personal injury law firms to accept new clients on a contingent fee basis. Contingency fee agreements give a firm the right to deduct attorney fees and other costs of representation from any settlement money or jury award a client receives. This prevents clients from needing to pay upfront legal fees.


How Can a Houston Personal Injury Attorney Help?

Sometimes, victims of negligence choose not to hire a lawyer because they do not have a full understanding of how an attorney can help them with their injury claims. Everyone knows lawyers draft legal documents and submit paperwork to the court, but that only constitutes a small portion of what personal injury lawyers and law firms do to help clients.

 

Benefits of consulting and hiring a Houston personal injury attorney include:

  • Investigation. Lawyers uncover the facts of a claim and collect evidence to build a strong legal case. This gives their clients more leverage with the insurance company and a better chance of winning if their case goes to trial.
  • Protection. Insurance adjusters like to trick victims of negligence into saying something to hurt the value of a claim. Lawyers handle communication with insurance providers to protect the value of the claim and protect their clients’ rights.
  • Negotiation. Lawyers are trained negotiators who know how to deal with tricky insurance companies and fight for fair compensation for their clients. Legal representation can help you collect exponentially higher settlement amounts than you could’ve on your own!

Why Choose Us? Stewart J. Guss A perfect 10.0 Rating on "Avvo", Stewart Has Also... Been designated a "Texas Super Lawyer" from 2017 to 2021 by Thomson Reuters. Avvo Rating 10.0
01 We Put You First Our personal injury law firm always puts the client's needs first. This includes providing clients with the information and assistance they need, and insuring that they can expect nothing but excellent service at all times. We work tirelessly to obtain the maximum possible recoveries for our clients while minimizing their stress. We consider each and every one of our clients to be family and we treat them as such.
02 Available For You Injuries and accidents can happen at any time, so we are available to speak to potential clients 24 hours a day, 7 days a week, 365 days a year. We will discuss your claim, answer your questions, and if needed, we can visit you at your home, hospital, or any other location convenient to you. Our staff is trained to always provide the highest levels of customer service.
03 Nationally Recognized Our quest to provide the highest possible recoveries for our clients while providing top level customer service has earned our firm significant recognition. In addition to a perfect 10.0 rating on Avvo, Stewart has been designated a "Texas Super Lawyer" from 2017 to 2021 by Thomson Reuters. Stewart has also been recognized by the national Association of Distinguished Counsel as well as the National Trial Lawyers Association. We are fully committed to continued dedication to our clients and their cases.
04 Continued Success We have a 20-Year track record of successful recoveries for our clients. our experience, dedication, and results have earned us an excellent reputation. We are sympathetic with our clients yet aggressive when fighting for their rights. We don't rest on our laurels but work relentlessly every day for our clients. Our results and recognition speak for themselves and we are ready to fight for you.
What Our Clients Say "Insurance companies don't like Stewart Guss... But his clients do!"

Working with Mr. Guss was my first experience hiring an attorney on my own, but I could not have been more pleased with the outcome. I was hesitant to pursue my case at all, thinking that hiring an attorney would be too much of a hassle and become too complicated. However, Mr. Guss was more than helpful. he constantly kept me updated about the status of my case and explained each step of the process in great detail.

"Mr. Guss and his team significantly exceeded my expectations and the net settlement I received was more than triple what I had anticipated." Read More Testimonials
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