Odessa Personal Injury Attorneys
Malone Legal Group, PLLC is a premiere boutique personal injury law firm, where Matt and Valeri Malone, a husband-wife personal injury attorney team, personally make your case their priority. Matt and Valeri Malone only handle personal injury and wrongful death cases for people in Odessa, West Texas, and throughout the United States. With almost fifty years of combined experience, we have built an incredible record for success, recovering millions of dollars in verdicts and settlements for their clients. Compassion for our clients is their priority and passion, and we represent our clients with unwavering commitment and passion.
“Our mission is to be our clients’ voice and to boldly and compassionately fight for them. INJURED? Let us make it right.”
We have been acknowledged in many ways and are members and leaders of legal and community organizations, such as Multi-Million Dollar Advocates Forum, Million Dollar Advocates Forum, Super Lawyers, Rising Star, and more.
Types Of Personal Injury Cases We Handle
Texas Personal Injury Lawyers handle many cases that encompass a wide range of situations where an individual has suffered harm due to the negligence or intentional actions of another party. Here are some common types of personal injury cases in Texas:
Car Accidents: These are among the most common personal injury cases in Texas. They can involve collisions between cars, trucks, motorcycles, or pedestrians. Injuries can range from minor to severe, and liability may vary.
Truck Accidents: Truck accidents are prevalent incidents in Texas, encompassing collisions between trucks, cars, motorcycles, and pedestrians. These accidents can result in a wide spectrum of injuries, from minor to severe, and determining liability can be complex due to the involvement of commercial vehicles and potentially multiple parties.
Slip and Fall Accidents / Fall Hazard: These cases arise when someone is injured due to a hazardous condition on someone else's property or created by someone else, such as a wet floor or when a telecommunications company leaves a wire lying across a walkway and the wire trips an unsuspecting pedestrian.
Dog Bites: If a dog bites or attacks someone, the owner may be held responsible for the injuries, especially if the dog has a history of aggression
Daycare Negligence: Daycare negligence refers to situations where a daycare provider fails to meet the required standard of care and, as a result, children under their supervision suffer harm or injury. Daycare providers are expected to provide a safe and nurturing environment for the children in their care, and when they fail to do so, it can be considered negligence.
Product Liability: When a defective product causes harm, the manufacturer, distributor, or seller may be held liable. This can include product defects, design flaws, or insufficient warnings.
Workplace Accidents: Injuries that occur on the job can lead to workers' compensation claims, but in some cases, third-party personal injury claims can also be pursued if someone other than the employer or a co-worker was responsible for the injury.
Intentional Torts: These involve intentional harm, such as assault, battery, or defamation, where one person intentionally injures another or causes damage to their reputation.
Wrongful Death: If someone dies as a result of another party's negligence or intentional actions, their surviving family members may pursue a wrongful death claim for compensation
Premises Liability: Beyond slip and fall cases, premises liability covers a range of incidents where injuries occur on someone's property due to negligence, such as inadequate security leading to assaults.
Construction Accidents: Injuries on construction sites may result from various factors, including unsafe conditions, faulty equipment, or the negligence of contractors and subcontractors.
Oilfield Accidents: Oilfield accidents are common in the energy industry, with potential hazards ranging from equipment malfunctions to human errors. These incidents can lead to injuries that vary in severity and may involve workers, contractors, or bystanders. Identifying liability in oilfield accidents can be intricate due to complex operations and multiple stakeholders.
What are the Common Types of Personal Injuries in Odessa?
- Motor Vehicle Accidents - Injuries sustained from car, motorcycle, truck, and other vehicular accidents.
- Slip and Fall Accidents - Injuries sustained from slipping, tripping, or falling due to hazardous conditions on a property.
- Medical Malpractice - Injuries caused by healthcare professionals due to negligence or lack of standard care, such as surgical errors, misdiagnosis, or improper treatment.
- Workplace Injuries - Injuries that occur while on the job, including falls, machinery-related injuries, and exposure to harmful chemicals or materials.
- Defective Products - Injuries caused by faulty or malfunctioning products, from household appliances to vehicles.
- Dog Bites & Animal Attacks - Injuries sustained from being attacked or bitten by an animal, most commonly dogs.
- Pedestrian Accidents - Injuries sustained when a pedestrian is struck by a vehicle or bicycle.
- Bicycle Accidents - Injuries sustained from collisions or falls while riding a bicycle.
- Boating Accidents - Injuries that occur while on a boat or other watercraft, including collisions or capsizing.
- Boating Accidents - Injuries that occur while on a boat or other watercraft, including collisions or capsizing.
- Construction Accidents - Injuries that happen on construction sites due to falls, equipment malfunctions, or other hazards.
- Nursing Home Abuse & Neglect - Physical, emotional, or financial harm suffered by elderly residents in nursing homes or assisted living facilities.
- Wrongful Death - Situations where someone's negligence or intentional actions result in the death of another person.
- Burn Injuries - Injuries resulting from exposure to fire, chemicals, hot liquids, or other sources of intense heat.
- Brain Injuries - Traumatic brain injuries (TBIs) caused by impacts, blows, or penetrating injuries to the head.
- Spinal Cord Injuries - Damage to the spinal cord that can result in partial or full paralysis.
- Birth Injuries - Harm to a newborn or mother during labor and delivery due to medical
What are the Types of Personal Injury Compenastion?
In Odessa, as in other parts of the United States, personal injury compensation can vary depending on the circumstances of the case and the applicable laws. Here are some common types of personal injury compensation that may be sought in Odessa:
Medical Expenses: This includes compensation for past, current, and future medical expenses related to the injury, such as hospital bills, surgery costs, medication expenses, rehabilitation, and therapy.
Lost Wages: If the injury prevents the victim from working, they may be entitled to compensation for lost wages and any loss of earning capacity. This can include wages lost during recovery as well as future income if the injury affects their ability to work in the long term.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the injury.
- Property Damage: If personal property was damaged in the incident that led to the injury, such as a vehicle in a car accident, the victim may be entitled to compensation for repairs or replacement.
Loss of Consortium: In cases where the injury has affected the victim's relationship with their spouse or family members, compensation may be awarded for the loss of companionship, affection, and support.
Punitive Damages: In cases where the defendant's conduct was particularly reckless or egregious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Wrongful Death Damages: If the injury results in death, the victim's family may be entitled to compensation for funeral expenses, loss of financial support, and loss of companionship.
DAYCARE NEGLIGENCE STATISTICS
Statistics on daycare injuries can vary. For Texas-specific information:
- Visit the Texas HHS for licensing and injury reports.
- Consult Texas Association for the Education of Young Children and other advocacy groups.
- Injuries range from minor to severe, influenced by supervision, regulations, and compliance.
FALL HAZARD STATISTICS
Slips and falls are common, especially among the elderly. In different environments:
- Retail stores and public places are prone due to wet floors or poor maintenance.
- Healthcare facilities present risks for patients and staff.
- Proper maintenance, signage, and preventive measures can reduce risks. Common injuries include sprains, fractures, bruises, cuts, head injuries, spinal injuries, dislocations, and internal injuries.
Malone Legal Group, PLLC can assist with compensation for both physical and emotional damages after an accident. Texas law allows plaintiffs to demand compensation for their emotional, mental, and psychological suffering as well as their physical pain and economic losses. Our firm may be able to help you seek a fair amount for your pain and suffering, emotional damages, anguish, grief, distress, and post-traumatic stress disorder after a bad accident.
What are The Texas Personal Injury Laws?
Personal injury laws in Texas govern the legal rights and responsibilities of individuals who have been injured due to the negligence or intentional actions of others. Here are some key points about personal injury laws in Texas:
1. Statute of Limitations: In Texas, there is a statute of limitations for filing personal injury claims. Generally, you have two years from the date of the injury to file a lawsuit. Failure to do so within this time frame may result in your claim being barred.
2. Comparative Negligence: Texas follows a modified comparative negligence system. This means that if you are partially responsible for your injury, your compensation may be reduced by the percentage of fault assigned to you. However, if you are found to be 51% or more at fault, you may not be eligible to recover damages.
3. Damages: Texas allows for both economic and non-economic damages in personal injury cases. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages can cover pain and suffering, emotional distress, and loss of consortium.
4. Liability and Insurance: Texas requires drivers to have liability insurance, which can be important in car accident cases. Additionally, businesses and property owners may have liability insurance that can provide coverage in slip and fall or premises liability cases.
How Do I Prove Negligence in a Personal Injury Case?
To prove negligence in a personal injury case, you need to establish that the other party failed to act with reasonable care, resulting in your injury. This involves demonstrating the following four key elements:
1. Duty of Care
You must first prove that the defendant owed you a duty of care. This means that they had a legal obligation to act in a way that would not cause harm to others. For example, drivers have a duty to obey traffic laws and drive safely to prevent accidents.
2. Breach of Duty
Next, you need to show that the defendant breached this duty of care. A breach occurs when they fail to act in a reasonable manner. For example, if a driver runs a red light, they have breached their duty to follow traffic laws and ensure the safety of others on the road.
3. Causation
Causation connects the breach of duty to your injury. You must prove that the defendant’s actions directly caused your injury. There are two types of causation:
Actual Cause (Cause-in-Fact): You need to prove that your injury would not have occurred “but for” the defendant’s actions.
Proximate Cause: This determines whether the injury was a foreseeable result of the defendant’s actions. For example, if a speeding driver causes a collision, it’s foreseeable that the accident could result in injury.
4. Damages
Finally, you must demonstrate that you suffered actual harm or damages due to the defendant’s breach of duty. These can include physical injuries, medical expenses, lost wages, pain and suffering, and other related costs.
Gathering Evidence
To prove these elements, you will need to gather strong evidence such as:
Police reports
Medical records
Witness statements
Photos or videos of the scene
Expert testimony
Texas Personal Injury FAQs
What Is A Personal Injury Attorney?
A personal injury attorney specializes in representing individuals who have been injured due to the negligence or intentional actions of others.
Most personal injury attorneys in Texas work on a contingency fee basis. This means you pay no upfront costs, and the attorney's fee is typically a percentage of the settlement or award you receive. The standard percentage ranges from 33% to 40%, depending on the case complexity and whether it goes to trial.
In Texas, you generally have two years from the date of the injury to file a personal injury lawsuit.
What Types Of Damages Can I Claim In A Personal Injury Case?
You can claim various damages such as medical expenses, lost wages, pain and suffering, property damages, and in some cases, punitive damages.
How Do I Choose The Right Personal Injury Attorney In Odessa?
Research their experience, read reviews, consult with them personally to gauge their expertise, and ensure they have a track record in handling cases similar to yours in Texas.
Do I Need A Lawyer For A Minor Injury Claim?
While it's possible to handle a minor injury claim on your own, having an attorney ensures your rights are protected and you get the maximum compensation possible.
What If I Am Partially At Fault For The Accident?
Texas follows a "modified comparative fault" rule. This means if you're partially at fault, your compensation can be reduced by your percentage of fault. If you're more than 50% at fault, you may not be entitled to any compensation.
Ensure your safety, seek medical attention, report the incident to the police, inform your insurance company, and consult a personal injury attorney before making any statements or settlements.
What Texas Cities Can We Handle Your Personal Injury Case?
How Malone Legal Group
Can Help You With Your Personal Injury Case
Legal Expertise: Our knowledgeable attorneys understands the specific laws and regulations that pertain to truck accidents. They can navigate the complexities of liability, insurance coverage, and potential negligence on the part of the truck driver or trucking company.
Investigation: Malone Legal Group will conduct a thorough investigation into the accident, gathering evidence, speaking to witnesses, and analyzing accident reports. This investigation can be crucial in establishing liability.
Negotiation Skills: Trucking companies and their insurers often have teams of legal professionals working to minimize their liability. Our lawyers can negotiate with these parties on your behalf to ensure you receive fair compensation.
Understanding Damages: Malone Legal Group can help you accurately assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and more. This ensures that you pursue adequate compensation.
Court Representation: If negotiations fail, your attorney can represent you in court. We will build a strong case, present evidence, and advocate for your rights before a judge and jury.
Peace of Mind: Dealing with the aftermath of a truck accident can be overwhelming. Having a lawyer on your side allows you to focus on recovery while they handle the legal aspects.
