Types of Personal Injury Cases
There are many examples of negligence. For instance, a drunk driver is negligent. The driver is impaired. He or she may be speeding. The individual is clearly not acting with the level of care necessary to safely drive a large dangerous automobile. Likewise, many professionals can be negligent. A doctor may be careless if he fails to take proper precautions during a simple procedure that leads to serious harm.
A reputable Austin personal injury lawyer will know how to prove the standard of care was violated and establish negligence. The standard of care varies case to case. For example, a doctor may be held to a higher standard than a non-medical person in some circumstances. An exotic or dangerous pet owner may be expected to act differently than a domestic pet owner.
Your lawyer may call on other experts and witnesses for help. You should also prepare your own documentation, such as taking photos of the accident or scene of the injury. You should attempt to get written statements from any witnesses and the contact information of everyone involved. Your lawyer may help with many of these details.
Before you speak to an insurance company, it is important to consult an injury lawyer. A good attorney can help you get a full and fair settlement. These settlement amounts can vary widely depending upon your type of case and injury.
Personal injury cases include:
- Slip and fall –These cases refer to the property. A slick spot on a floor may cause a fall. Debris can lead to uneven footing. Property owners should mark unsafe spots and caution customers of any hazards. Owners who don’t may be found negligent.
- Medical malpractice –Doctors and hospitals make mistakes. Pharmacies do too. Other medical experts do as well. These acts may cause severe harm and lead to countless more medical bills, not to mention pain and suffering. Your personal injury lawyer can help prove medical negligence.
- Dog bites –Texas requires that owners act reasonably. Violent dogs may need leashes or fences. If the owner knows the dog is aggressive, that owner may be at fault.
- Assault and battery –These are different than other types of personal injury cases. Rather than negligence, which are unintentional tort cases, these refer to intentional acts and may carry criminal charges as well.
- Vehicle accidents –Car accidents happen all the time. Texas is an “at fault” car insurance state. Meaning, you may file a claim or lawsuit against the other driver. Under Texas law, car owners may be held responsible for injuries.
These are just a few of the many types of personal injury cases there are. Accidents happen for different reasons. You will have to prove that your specific injuries are linked to the accident or injury event. Simply being injured is not enough. Proving fault can be difficult. It can take a lot of time, energy, and resources.
This is why experienced lawyers are essential. Again, your attorney can help in many ways. He or she may assist in gathering witness statements, obtain critical medical records, and police reports. An Austin personal injury lawyer may be crucial to your case. If you need to go to court, a high caliber attorney can play an absolutely vital role.
What an Injury Lawyer Does?
Most personal injury claimants avoid court. Litigation can be stressful and time-consuming. Many claimants simply want to heal and get the money they are owed for their injuries.
Insurance companies can be challenging. In many cases, the insurance settlement offered will be entirely unfair. If you need to go to court, having an experienced attorney to guide you is crucial. Your attorney can ensure that the right documents are filed on time. These documents and filing times may differ from one jurisdiction to another and some may require different kinds of information.
The first step to a lawsuit is to file a complaint. As the injured party, you are called the “plaintiff.” The party you are filing against is the “defendant.” The complaint will then need to be served. Once served, the defendant must respond by the date and time set by the court. The defendant must file an answer within the allotted time, or else risk default judgment being ruled against them. The answer will admit or deny any of the allegations listed in the complaint. If the case progresses beyond this phase, both parties will begin discovery. Discovery entails interrogatories, requests for admission, and requests for documents. The more complicated the case, the more discoverable the evidence, and the more discoverable the evidence, the longer the case may take.
Then come the motions. Motions are basically formal requests for the court to do something. They may be used to get more evidence, such as new documents and statements. Some motions seek to resolve the case outright.
Next, there are pre-trial hearings and mediations. Some defendants don’t want the case in court by this point, and may make offers to settle the case before a judgment is reached. Your lawyer will discuss those offers with you. Not all offers are fair or full. If the offer is not good enough, an experienced attorney will know. The court may also order the parties to participate in mediation where a trained mediator attempts to help reach a settlement before going to trial.
If your case goes to trial, experienced accident attorneys will know how to fight for what you deserve. They will work hard to represent you. They will help convince the jury of your case. An experienced lawyer will stay by your side throughout this difficult process.
