The legal expertise you need and the compassionate care you want from an Austin personal injury lawyer
Personal injuries are painful. And the pain is more than physical, whether it is the result of a car accident, falling down poorly maintained stairs, or using a defective product. It frequently causes emotional distress and almost always causes financial distress. Who is going to pay the medical bills? Who will pay your lost wages because you were unable to work? What about unanticipated costs? What about your loved ones?
At the Central Texas Injury Law Group in Austin, we cannot assist you in physically healing, but we can ensure that if your injury was caused by the negligence or recklessness of another, you are financially compensated for your losses.
Basics of a Personal Injury Lawsuit
If you have been injured as a result of someone else’s negligence, you may be able to recover damages in court. To win, you must establish certain facts that entitle you to compensation. You must also file your lawsuit within the statute of limitations, which in most states is two or three years after the injury.
You Must File a Summons and Complaint
To sue someone for personal injury, you must file your complaint in the state where the injury occurred or in a state where the defendant has some connection. The summons is a summons to appear in court to respond to a complaint. The complaint goes into great detail about your claim. The summons and complaint will be personally delivered to the defendant by a state official or process server, who must respond in writing to the complaint. The first hearing will be scheduled by the court.
You Must Prove Certain Elements
Personal injury claims are typically based on negligence, intentional tort, or strict liability. To establish negligence, you must show that the defendant breached a duty owed to you (for example, the duty to drive safely), that this breach resulted in an accident, and that the accident injured you. An intentional tort can be proven by demonstrating that the defendant acted with the intent to harm you, such as punching you in the nose. In some cases, you can win based on “strict liability,” which means you don’t have to prove the defendant was at fault. If you were injured by a defective product, strict liability may apply.
It’s Easier to Win a Personal Injury Case
The legal standard in a criminal prosecution is “guilt beyond a reasonable doubt.” The legal standard in a personal injury case is “preponderance of evidence.” This means that all you have to show is that the defendant is more than 50% to blame for your injury. These disparities explain why defendants acquitted in criminal cases frequently lose personal injury lawsuits based on the same evidence.
Damages Are Not Limited to Medical Bills
You can seek compensation for a variety of aspects of your injury, such as past and future medical bills, lost work time, and pain and suffering. Pain and suffering damages are frequently several times as large as medical bills and lost work time damages. If the accident was partially your fault, your damages may be reduced in a negligence case. In a few states, you cannot receive compensation if the accident was even slightly your fault. The majority of personal injury lawsuits are settled privately rather than in court.
An Injury Lawyer Can Assist
If you are injured in a car accident or other incident, someone is often legally responsible for your injury. Filing a personal injury claim could help you obtain compensation from the responsible party to pay your medical bills, as well as other losses, which are known as damages. When you settle with the other party, you accept payment for your injury and agree not to sue that party. Although your lawyer will give you advice about settlement, it is your decision to settle or not.
If you’ve been involved in an accident, you may have physical, mental or emotional injuries. Even if insurance covers your medical bills, you may (depending on the circumstances) still file a claim for damages. Damages include lost wages, damage to your property, any permanent disability, rehabilitation, and present and future pain and suffering. While some personal injury cases are decided by a judge or jury in a courtroom, many are settled out of court.
With a Settlement, You Can Get Paid Faster
If your case goes to court, the process can take several years from beginning to end. If you settle the case instead, the defendant pays an agreed-upon sum of money soon after all the documents are signed. This agreement includes a statement that you release the other party from responsibility. If you’ve already filed a lawsuit in court, you’ll have to agree to drop the case against the other party.
You Can Agree to a Settlement at Any Point in the Case
Settlements can be reached at any point in the case. Often, the insurance company will make a settlement offer after reviewing your medical records and expenses. However, some cases settle after both sides present evidence to the judge or jury. In many courts, parties are required to attend mediation or settlement conferences before starting a trial.
The Amount of a Settlement Is Based on the Damages
You must provide the party responsible for your accident with information about your injuries, expenses, and your need for future treatment. Evidence might include medical records, hospital bills, pay stubs, and witness statements. The defending side may ask for a medical examination by a doctor of its choosing. It may hire expert witnesses to disprove your version of the case. Your lawyer can help you estimate how much money you might receive after a trial instead of accepting a settlement.
You May Not Be Paid in One Lump Sum
Settlements may be paid in a lump sum or in periodic payments. A structured settlement involves buying financial products called annuities that pay a certain amount every month or year until the total is paid in full. This arrangement can reduce taxes but won’t allow you to buy a house or other expensive item because you’re getting smaller payments over time.
A Personal Injury Lawyer Can Help
The law surrounding personal injury settlements is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a personal injury lawyer.
When we work with you, we use all of our skills, experience, and resources to ensure that you receive the best possible compensation for your injuries, compensation that you are entitled to in cases of:
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To learn more about the Central Texas Law Group’s personal injury practice, please visit our FAQ page.
If you have been hurt, contact the experienced personal injury attorneys at the Central Texas Injury Lawyers.
You are entitled to full and fair compensation for your injuries. Allow us to assist you in doing so. Please contact us online to schedule a free consultation. All calls are promptly answered or returned.