Beaumont Texas Personal Injury Attorney
The Mazzola Law Firm, PLLC, led by Beaumont Texas Personal Injury Attorney Brian N. Mazzola, has successfully represented thousands of individuals and families who have been injured or lost loved ones as a result of someone else’s carelessness or recklessness. In doing so, we have recovered millions of dollars on behalf of our clients in a wide variety of cases, including (among others) personal injury, car accidents, defective products, wrongful death, Texas Dram Shop Act, personal watercraft accidents and medical malpractice. The Mazzola Law Firm, PLLC is committed to providing aggressive, effective and caring representation to those wronged by others, and we have the knowledge, experience and resources necessary to win against any defendant – anywhere – anytime. With a record of success and a reputation for integrity, we have earned the respect of our colleagues and the appreciation of our clients.
For results-oriented representation, look to The Mazzola Law Firm, PLLC.
The Mazzola Law Firm, PLLC represents clients in a select number of personal injury and civil litigation cases. This enables us to devote the attention and resources that is necessary to build a strong and effective case for each client.
Our firm has extensive experience in complex personal injury and wrongful death cases involving car accidents, medical malpractice, defective products, personal watercraft accidents and other acts of negligence. We have also helped many individuals victimized by deceptive trade practices and deceptive insurance practices in the areas of consumer litigation and bad faith insurance.
For those in need of a Beaumont Immigration Lawyer, we also provide representation in all areas of Immigration Law, including, but not limited to, Immigration Visas, Non-Immigration Visas, Family-based Immigration, Employment-based Immigration, Citizenship and Naturalization, Green Cards, Extradition and Deportation/Removal.
In 2016, Brian N. Mazzola became a member of the invitation-only National Trial Lawyers: Top 100. Mr. Mazzola is also AV Rated by Martindale-Hubbell, and a member of the Multi-Million Dollar Advocates Forum.
Our Commitment to You
Beaumont Texas Personal Injury Attorney Brian N. Mazzola and his staff understand the stress and uncertainty that results from a serious accident. In your case, we pledge to do everything we can to relieve the medical and financial challenges you face. We will explain relevant issues of law that will affect the outcome, so you can make informed decisions as the legal process moves forward. We will keep you informed of important developments. You can call us at any time if you have questions or concerns.
From the start of your case to its conclusion, The Mazzola Law Firm, PLLC will be your strong advocate, working tirelessly to get the best possible results for you.
No Recovery, No Fee
The Mazzola Law Firm, PLLC takes cases on a contingency fee basis. That means, you do not pay us anything for our services unless and until we bring your case to a successful resolution.
Free Consultation With an Attorney
Contact us for a free initial consultation with an experienced Beaumont Texas Personal Injury Attorney. Brian N. Mazzola can consult with you in our offices in Beaumont, Texas, by phone or at a location of your choosing.
The Basics of Personal Injury Law
Personal injury law (also known as tort law) allows an injured person to go to civil court and get a legal remedy (damages) for all losses stemming from an accident or other incident. The purpose of the personal injury system is to allow the injured person to be compensated financially or “made whole” after he or she has suffered harm due to someone else’s carelessness or intentional conduct.
There are a wide variety of different situations where personal injury rules apply:
Accidents. Personal injury rules apply in situations where someone acts in a negligent manner, and that carelessness causes harm to another person. Examples include car accidents and slip and fall incidents, among other types of cases.
Intentional Acts. Personal injury laws apply in situations where a defendant’s intentional conduct causes harm to another person. Examples of this include assault and battery, and other intentional torts.
Defective Products. There are a few situations where a defendant can be found liable for injuries without any negligent or intentional wrongdoing. Examples of this include strict product liability claims arising from a defective product. In strict liablity claims, the focus is on the allegedly defective product, as opposed to the acts or omissions of the product manufacturer.
Defamation. Personal injury laws apply when one person’s defamatory statement causes harm to another person’s reputation.
Medical Malpractice. Personal injury laws apply when a medical provider’s negligence causes harm to an individual. To establish medical malpractice, a plaintiff must prove that the medical provider’s treatment fell below the standard of care. Although the standard of care often varies from state to state, in most instances, it is based upon the generally accepted methods used by area doctors and healthcare professionals on similarly situated patients with similar conditions.
Where do Personal Injury laws come from?
Many personal injury laws date back to old “common law rules.” Common law refers to law made by judges, as opposed to laws made by legislatures or passed in bills and statutes. When a judge hears and decides a case, his decision on that issue of law becomes binding precedent on all other courts in the state that are “lower” than the deciding judge’s court. These other courts then have to apply what the first judge said, and eventually, all of this binding precedent creates a body of “common law”. The legal principle of determining points in litigation according to precedent is known as “stare decisis”.
Common law can and does differ from state to state, so the rules for personal injury law may not be uniform across the country. Much of the common law has been collected into something called the Restatement of Torts, which is sort of a guidebook that explains what the rules are, and a lot of states draw guidance from this on personal injury matters.
Common law, however, is not the only source of personal injury law. Some legislatures have passed formal legislation or statutory law that touches on personal injury issues. For example, when legislatures passed worker’s compensation laws, they essentially took all cases of work-related injuries outside of the realm of personal injury and made workers’ compensation the exclusive remedy for injured workers (in most cases precluding injury-related lawsuits against employers).
What is a Statute of Limitations?
Another state law that comes into play in injury cases is the statute of limitations. All civil cases have a statute of limitations establishing the amount of time an individual has to file a a lawsuit. Once a cause of action’s SOL has expired, the right to bring that claim in a court of law is forever barred. In Texas, the statute of limitations for an injury-related lawsuit is 2 years from the date of the incident giving rise to the claim.
How Do Personal Injury Cases Work?
No two accidents are exactly the same, so no two personal injury cases will follow the same path. But there are some standard steps that most personal injury cases share, from a big picture standpoint.
Defendant does something to injure Plaintiff. This can be almost any bad act on the part of the defendant, with the exception of contractual breaches, which are handled under a separate body of law known as “contract law”.
Possible Settlement Negotiations. If it is clear to all involved that the defendant breached a legal duty, then the defendant (or the insurance company representing him or her) may wish to settle prior to litigation, i.e., prior to the injured person filing a lawsuit. This would involve the defendant (or their insurer) making an offer of monetary compensation to the injured person, in exchange for the injured person’s binding promise not to file a lawsuit over the injury.
If upon recommendation by his or her attorney the injured individual agrees to a settlement, the case ends at that point. If the defendant or insurance company refuses to negotiate in good faith (by offering an amount of money necessary to make the injured individual whole), not, a personal injury lawsuit will be filed. Settlement negotiations can, and usually do, continue after suit has been filed and litigation has begun. And nothing precludes the parties from entering into a settlement agreement at any time prior to the case being decided by a judge or jury.
Filing a Lawsuit against the Defendant for Breach of Legal Duty. The specific legal duty at issue is going to depend on the situation in which the injury occurred. For example, drivers have a duty to operate their vehicles with with the level of care that any reasonable person would exhibit while on the road. Doctors have a duty to provide medical care with a level of competence that a reasonably skilled health care professional would use under similar circumstances. Manufacturers and distributors have a duty not to place defective or unreasonably dangerous products into the stream of commerce.
Process of Fact Gathering known as Discovery.After a lawsuit is filed, both the Plaintiff and the Defendant will engage in the fact gathering process of litigation, known as “Discovery”. The parties will discover information from each other (about both the incident at issue and the injuries alleged to have resulted from the incident) through written requests for information.
Among the discovery tools available to each party are requests for production (of documents and other items), interrogatories (questions), and requests for admission (asking the other party to either admit or deny specific facts). After exchanging written discovery, counsel for each party will take depositions. A deposition is simply a witness’sworn out-of-court statement, taken by attorneys in the presence of a court reporter, to find out what the witness knows and to preserve that witness’ testimony.
Resolution Before Trial: Settlement.The vast majority of legal claims arising from accidents or injuries do not reach a civil court trial. Typically, they are resolved earlier in the litigation process through a negotiated settlement among the parties. Sometimes this can be accomplished by continued informal negotiations between counsel, though most of the time settlement is accomplished through a process known as Alternative Dispute Resolution (“ADR”).
The most common form of ADR is known as mediation — a process whereby the parties retain the services of a neutral third party (mediator) to assist in settlement negotiations.
Resolution by Judge or Jury.As a party to the lawsuit, it will ultimately be the injured individual’s decision, based upon his or her attorney’s recommendations, whether or not to accept a settlement. If a settlement is not reached, the final decision will be made by a judge or jury, depending on whether the parties have requested a bench trial or a jury trial.
Texas unfortunately has one of the worst records in the country for car accidents — and our Beaumont Texas Personal Lawyers have vast experience handling this particular type of injury case. While many car accidents occur each day, fortunately only a few lead to extensive injuries. If you or a loved one have been injured in a car accident in the Beaumont-Port Arthur area, you may be entitled to compensation for your injuries. Contact our experienced car accident attorneys to make sure you get the best possible result on your car wreck case.
Throughout Texas in 2012, there were around 63,000 serious injury crashes in the state, with 87,000 people sustaining serious injuries from these crashes. The majority of car accidents occur in urban areas, but many auto accidents additionally occur in rural communities. Large cities such as Dallas, Houston, and Austin have begun “no refusal weekends” as an effort to combat drunk driving crashes. During these weekends, law enforcement officers can pull over suspected drunk drivers and have a magistrate on speed dial who will approve a warrant for a blood test to test the driver’s blood alcohol content level. This has had a tremendous impact at curbing drunk driving car accidents during major holiday weekends such as Christmas, New Year’s Eve, Memorial Day, and the Fourth of July.
Speeding, driver distraction, failure to drive in a single lane, driving under the influence, and driving under the speed limit are several of the top contributing factors for serious car accidents. If a driver participating in any of these factors caused a car accident which resulted in injuries to yourself or family members, you are entitled to receive compensation for your injuries. But for the driver’s negligent behavior, you would not have been in a serious car accident and would not have sustained injuries. At The Mazzola Law Firm, PLLC, our team can help you in a wide variety of circumstances, including car accident cases involving:
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Rollover Accidents
- Auto Defects
- Speeding Accidents
- Road Defects
- Mechanical Defects/Malfunctions
- Drunk Driving Accidents
- Insurance Claims
Injuries from car accidents can be very severe and often include the following:
- Broken bones
- Spinal cord injuries
- Brain injuries
- Internal bleeding
These injuries often require extensive medical procedures and prolonged hospital stays, all of which can be quite expensive. To help reduce the chance of injuries in the event of a car accident make sure you and your loved ones are always buckled up.
Beaumont Texas Personal Injury Attorney | The Mazzola Law Firm, PLLC
If you or a loved one have suffered injuries as a result of someone else’s carelessness or negligence, we are here to help. Our Beaumont Texas Personal Injury Lawyers have years of experience in achieving favorable compensatory settlements for our clients. Contact us today for a free initial consultation and case evaluation.