A Personal Injury Attorney Austin Can Trust
It can happen quickly. One moment you’re healthy and everything is fine. Then you’re hurt. You’re injured. Your mind reels as your life changes. Suddenly, everything is different.
In general, injury can take many forms. Many of us endure minor bumps and bruises throughout our lives. This is normal. But then there are severe injuries. Some of these may last for months, years or even our entire lives. Some injuries also carry a severe mental burden.
Our way of living may never be the same.
But what if the injury isn’t your fault?
This is where personal injury law comes into play. A personal injury is a specific type of injury. Under the law, personal injury results from a so-called ‘at-fault’ party. When a party is found at-fault, that party may be held responsible. Responsible parties can be people, groups, companies or other entities.
If you believe you are the victim of a personal injury in Austin, you need to act. In the state of Texas, you have only two years to file your claim. This is why it’s a good idea to consult a personal injury lawyer. Don’t let your bills pile up. Don’t live with pain and suffering. Don’t let the at-fault party get away with it.
Consult an experienced personal injury attorney right away.
A Personal Injury Attorney Austin Deserves
When looking for an Austin lawyer, you need to be careful. Not all personal injury lawyers manage the same types of cases. Your lawyer should have a track record of success. This includes settlements and verdicts. Your lawyer should also have specific experience in your type of injury.
In order to get you compensation, your lawyer must thoroughly evaluate your case. In most cases, your lawyer will try to prove ‘negligence.’ This is a legal term. It refers to parties that do not act with reasonable care, resulting in your injury.
This term is important to many personal injury cases.
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 care. Likewise, many professionals can be negligent. A doctor may be careless if he messes up a simple procedure. This may lead to serious harm.
Your Austin attorney will draw on proof to show negligence. The standards vary. For example, a doctor is held to a different standard than a truck driver. A dog owner is expected to act differently than a store owner.
Your lawyer may call on other experts and witnesses for help. It is also a good idea that you take certain steps yourself. Firstly, you should take photos of the accident. You should get written statements. You should get the contact information of everyone involved.
A Personal Injury Lawyer Austin specialist can assist.
In fact, your lawyer may help with many of these details. Before you speak to an insurance company, consult a lawyer. A good attorney can help you get a full and fair settlement. These settlement amounts can vary widely depending upon your case and injury.
Such cases include:
Slip and fall – These cases refer to 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 serious harm, and lead to countless more medical bills. 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 cases are different. They are not negligence cases. Rather, they refer to intentional acts, and may sometimes even carry criminal charges as well.
Vehicle accidents – Car accidents happen all the time. Texas is a “fault” car insurance state. In other words, you may file a claim or lawsuit against the other driver. Under Texas law, car owners may be held responsible for injuries. It doesn’t even matter if they were driving the car!
Overall, there are many types of personal injury cases. Accidents happen for different reasons. You will have to prove that your specific injuries are linked. 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 important. Again, your attorney can help in many ways. He or she may help in gathering witness statements. Your lawyer may also help you to obtain important medical records and police reports. Overall, your Austin personal injury lawyer may be crucial to your case.
If you need to go to court, your attorney can play an absolutely vital role.
What An Austin Injury Lawyer Does
Speaking of court, most people avoid it. Most injured claimants don’t want to have to go to court. It can be stressful and time-consuming. Many claimants simply want to recover and get their money.
However, insurance companies can be tough. Under Texas law, you have only two years to file a claim. In some cases, offered insurance settlements are completely unfair.
If you need to go to court, your lawyer will help. You attorney can ensure that the right documents are filed. These documents may differ from state to state and Federal courts may require different information as well.
The first step is to file a complaint. As the injured party, you are called the ‘the plaintiff.’ The party at-fault is ‘the defendant.’ Once the complaint is served, the defendant will be notified. The defendant will receive a summons to appear and receive a court date.
Then come the motions. These ‘motions’ are actions that typically seek court orders. 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. Some defendants don’t want the case in court, and may make offers. Your lawyer will evaluate such offers. Not all offers are fair or full. If the offer is not good enough, your attorney should know.
If your case goes to trial, experienced accident attorneys will know what you need and deserve. They will work hard to represent you. They will help convince the jury of your case. If you don’t like the verdict, you can always appeal.
A good lawyer will stay by your side throughout this difficult process.
An Injury Attorney Austin Tx Trusts
Your attorney can help you in many ways. Seasoned lawyers understand that winning a settlement or verdict is not always easy. In fact, personal injury cases must follow a strict protocol. To prove personal injury, your representative must prove a chain of causation.
This chain is very important. It effectively links the at-fault party to your damages. There are four elements in this chain.
Duty of care – Everyone has a ‘duty’ to follow laws. We must be responsible. We must listen to rules and policies. We must act in a way to avoid causing harm to others. This is the duty of care we all have.
Duty Breached – When a duty is breached, a person is negligent. A person is expected to act reasonably. For instance, a reasonable driver would not drive 50 mph over the speed limit.
Causation – You must show that you were injured by the other party. Some people try to scam the system. They may be injured before the accident. A good lawyer can help you prove the cause.
Damages – These are the money amounts you receive related to injury. You can claim many types of damages. However, you must prove each one. Damages can be financial. They can be non-financial. They can also be awarded in order to punish the other party.
Types of Personal Injury Damages
Damages are awarded based on proof. You must show that you have suffered a loss. You may need medical proof. You may need work forms. You may need hospital records or bills. Your lawyer can help you prove what you have.
You should always pursue all the damages you can. The more money you receive, the easier it may be for you to recover. Damages can also help return your life to normal. Still, in some cases, your life may never be the same. You may be permanently disabled. You may need medicine for decades. You may suffer for years.
Damages help address these issues and more. Damages are awarded for:
- Loss of wages
- Loss of companionship
- Medical bills
- Punitive damages
- Pain and suffering
- Emotional disturbance
- Wrongful death
Good Austin Personal Injury Law Firms will pursue maximum damages. An experienced lawyer will know how to approach this. In Texas, personal injury cases rely on ‘comparative negligence.‘ This assigns different percentages to parties.
The amount of money received is reduced by this percentage. For instance, a person may be awarded $100,000. However, this person is 20% at fault. Therefore, this person only receives $80,000. If a person is found 51% responsible, no money is awarded.
Personal injury cases are rarely easy. If you’ve been injured, contact Khattar Law, LLC today.