In Texas, the statute of limitations for personal injury claims is generally two years from the date of injury. This means you must file your lawsuit within two years of the accident or injury occurring. However, certain exceptions may apply, such as cases involving minors or government entities. We strongly recommend contacting our office as soon as possible after an injury to ensure your rights are protected and all deadlines are met.

Texas law allows eligible family members to recover both economic and non-economic damages in wrongful death cases. Economic damages include lost wages, loss of future earning capacity, medical expenses, and funeral costs. Non-economic damages encompass mental anguish, loss of companionship, loss of consortium, and loss of household services. The specific damages available depend on your relationship to the deceased and the circumstances of the case. Our experienced attorneys can evaluate your case to determine the full extent of recoverable damages.

Your safety and health are the top priorities after a trucking accident. First, seek immediate medical attention even if injuries seem minor. Call 911 to report the accident and request police presence. Document everything possible: take photos of vehicle damage, the accident scene, road conditions, and any visible injuries. Collect contact information from witnesses and the truck driver, including their commercial license and insurance details. Do not admit fault or discuss the accident details with anyone except police. Contact an experienced trucking accident attorney before speaking with insurance companies.

Oil and gas royalty disputes in Texas can be resolved through negotiation, mediation, arbitration, or litigation. Many cases begin with direct negotiation between parties to reach a settlement. If unsuccessful, mediation provides a structured environment with a neutral third party facilitating discussions. Some contracts require arbitration, which is binding and typically faster than court proceedings. When other methods fail, litigation may be necessary to protect your royalty interests. Our firm has extensive experience in all resolution methods and will recommend the most effective approach based on your specific circumstances and contract terms.

A breach of contract in Texas occurs when one party fails to perform any duty or obligation specified in a valid contract. This includes failing to perform on time, not performing in accordance with the terms, or refusing to perform at all. To prove breach of contract, you must demonstrate: (1) a valid contract existed, (2) you performed or were excused from performing your obligations, (3) the other party failed to perform their obligations, and (4) you suffered damages as a result. Breaches can be material (going to the heart of the agreement) or minor, which affects available remedies.

Multiple parties may be held liable for construction site injuries in Texas, depending on the circumstances. Potentially liable parties include general contractors, subcontractors, property owners, equipment manufacturers, and architects or engineers. Liability often depends on who controlled the work area, who created the dangerous condition, and contractual relationships between parties. Texas follows a modified comparative fault system, meaning multiple parties can share liability. Third-party claims may be available even if workers compensation applies. Our attorneys thoroughly investigate each case to identify all potentially liable parties to maximize recovery for injured workers.

Proving a defective product claim requires specific evidence demonstrating the product was unreasonably dangerous and caused your injuries. Essential evidence includes the actual product or its remains, photos of the defect, purchase receipts, product packaging and warnings, medical records linking injuries to the product, and witness statements. Document any product recalls or similar incidents involving the same product. Expert testimony often proves crucial in establishing how the defect occurred and caused harm. Preserve all evidence immediately, as product liability cases require showing the product was defective when it left the manufacturer.

Yes, you can sue government entities in Texas for personal injury, but special rules apply under the Texas Tort Claims Act. The Act waives governmental immunity in specific situations, primarily involving motor vehicle accidents, dangerous property conditions, and injuries from government employee negligence. Strict notice requirements exist: you must provide written notice within six months of the incident. Damage caps limit recovery amounts based on the type of government entity. Some governmental functions retain immunity. Given these complexities and shortened deadlines, consulting an attorney immediately after injury by a government entity is crucial.

Nationally, approximately 95% of personal injury cases settle before trial, and Texas follows similar patterns. Settlement offers several advantages: faster resolution, lower costs, guaranteed compensation, and avoiding trial uncertainty. However, some cases require trial when insurance companies refuse fair settlements, liability is disputed, or damages are substantial. Factors influencing settlement versus trial include injury severity, liability clarity, insurance coverage limits, and parties willingness to negotiate. Our firm prepares every case for trial while pursuing settlement opportunities, ensuring maximum leverage in negotiations and readiness if trial becomes necessary.

Texas oil and gas leases grant mineral rights owners (lessors) compensation while allowing companies (lessees) to explore and extract minerals. Standard leases include a primary term (typically 3-5 years) for exploration and a secondary term lasting as long as production continues. Lessors receive an upfront bonus payment, royalty payments (usually 1/8 of production value), and sometimes delay rentals. Key provisions cover drilling obligations, pooling rights, surface use restrictions, and depth limitations. Understanding complex lease language is crucial, as terms significantly impact long-term royalty income. We recommend legal review before signing any oil and gas lease.

Economic damages represent calculable financial losses with specific dollar amounts, including medical bills (past and future), lost wages, loss of earning capacity, property damage, and rehabilitation costs. These damages can be proven through bills, receipts, and expert testimony. Non-economic damages compensate for intangible losses without precise monetary values, such as pain and suffering, mental anguish, physical impairment, disfigurement, and loss of enjoyment of life. Texas places no caps on economic damages in most personal injury cases, but non-economic damage caps may apply in medical malpractice cases. Both damage types are crucial for full compensation.

Businesses should consider litigation when seeking public vindication, establishing legal precedent, needing extensive discovery powers, or when contracts lack arbitration clauses. Court proceedings offer appeal rights and established procedural rules. Arbitration works well for faster resolution, confidentiality needs, technical disputes requiring specialized arbitrators, and international disputes. Consider factors including costs (arbitration often costs more upfront but less overall), time constraints, relationship preservation needs, and enforceability requirements. Many contracts mandate arbitration, limiting choice. We analyze each situation to recommend the most advantageous forum based on your business objectives and dispute specifics.

Board certification by the Texas Board of Legal Specialization represents the highest recognition of competence in specific legal areas. Attorneys must practice law for at least five years, with three years substantially devoted to the specialty area. Requirements include handling a substantial number of cases in the specialty, completing extensive continuing legal education, passing a rigorous written examination, and receiving favorable peer review evaluations. Board certified attorneys must recertify every five years. Currently, only about 10% of Texas attorneys achieve board certification. Attorney Michael J. Henry holds board certifications in both Civil Trial Law and Personal Injury Trial Law.

Personal injury case timelines vary significantly based on injury severity, liability disputes, and court schedules. Simple cases with clear liability and moderate injuries may settle within 6-12 months. Complex cases involving severe injuries, multiple parties, or disputed liability often take 18-36 months or longer. Factors affecting timeline include: completing medical treatment to determine full damages, investigation and discovery processes, negotiation periods, court backlogs, and trial scheduling if settlement fails. While we work efficiently to resolve cases quickly, we never rush settlements that undervalue your claim. Each case receives the time necessary to achieve maximum compensation.