Personal injury FAQs and answers
Personal injury is a broad area that encompasses product liability, premises liability and medical malpractice, and even includes civil rights violations. In short, a personal injury is one in which you have suffered physical or psychological damage as the result of the negligence, carelessness or reckless behavior of another person or entity.
At the Central Texas Injury Lawyers in Austin, Texas, we have been providing legal solutions and answering our client’s questions for more than 40 years. Although not intended to replace the advice of a lawyer, here are answers to some of the questions we are often asked about personal injury.
We invite you to learn more about your legal options by discussing them with one of our lawyers. To schedule a free consultation to discuss your case, please call or contact us online.
Q. Do I have a meritorious case?
Our personal injury lawyers can evaluate the preliminary facts surrounding your case and help you decide whether or not you are likely to obtain a worthwhile settlement or favorable verdict. During this evaluation, we will look primarily at the evidence you can provide and then consider whether this evidence will likely be enough to prove your case. The plaintiff presenting a personal injury claim bears the burden of proof, which means that you will need to present strong enough evidence to the jury to convince them that you are entitled to damages.
If you are pursing a claim based on negligence, the facts of your case must clearly demonstrate two things: 1) that the defendant was, in fact, negligent and failed to adhere to a certain standard of conduct; and 2) that the negligence caused you or a family member harm.
Another factor to consider is the amount of damages for which you are likely to be eligible. Your injuries and financial setbacks must be serious enough to justify the time and resources that you and your attorney must commit in order to reach a successful outcome. For this reason, our firm only accepts cases that involve serious personal injury or significant business disputes.
Q. How much time do I have after an accident to file my claim?
The length of time within which you must file your lawsuit, which is laid out by the statute of limitations, varies among states and types of cases. In Texas, the statute of limitations for most personal injury, medical malpractice, and product liability claims is two years. This means that you must file your claim within two years of the date of the incident.
This rule can vary significantly, however. For example, if you are bringing suit against a government entity, you may be required to file a letter notifying it of your claim within a much shorter time period, such as 45 days or six months. If you fail to do so, you may lose your right to file the claim. For this reason, it is imperative that you contact a lawyer as soon as you suspect that you have a case. The personal injury lawyers at our Austin, Texas, firm have a thorough knowledge of state and national statutes of limitations and will be able to tell you whether your case is subject to the usual two year filing period or whether special regulations apply.
Q. What are damages, and how do they figure into my compensation?
A. Damages are your compensation. In most personal injury cases, there are damages for medical expenses, loss of wages, loss of earning capacity, pain and suffering, property loss, loss of consortium, and loss of enjoyment. These are called compensatory damages, and are intended to compensate you for what you lost as a result of your accident. When the negligence or recklessness on the part of the liable party is especially egregious, punitive damages may also be pursued. Punitive damages are above and beyond compensatory damages, and are meant to punish a party for the egregious behavior.
Q. What is a contingency fee?
A. It is quite common for a personal injury or medical malpractice case to be “taken on contingency.” This means that your lawyer gets paid only if he or she wins your case. The lawyer’s fee is a percentage of your settlement or verdict. At the Franklin Law Group, we discuss the merits of your case as part of your free consultation, so you know whether it is in your best interest, financially, to use the services of an attorney or to negotiate directly with the insurance company. We also advise you of our fees in advance.
Q. I have heard that there are caps on some types of damages. How will that affect my claim?
During the 2003 session, the Texas Legislature passed many new laws that affect the ability of individuals to recover full compensation for injuries caused by the negligent conduct of others. These laws are aimed primarily at limiting the amount of non-economic or punitive damages that a plaintiff can obtain. They also introduce reforms to product liability and class action cases.
While the effect of the changes on any individual case is difficult to predict, these laws are sure to affect future personal injury cases as a whole in significant ways. We are always happy to talk to you about your specific claim and which of the 2003 law changes will affect your potential recovery.
Q. What is the difference between a verdict and a settlement?
A. A settlement is a voluntary agreement with the insurance company as to what your compensation will be. A verdict means that the case has gone to trial and the amount of your compensation has been decided by a jury. Your personal injury attorney will help negotiate a settlement, but you have the final say as to whether you want to accept it or not. If the case goes to court, your lawyer will use trial skills and testimony of expert witnesses to present your case to the jury and obtain the best possible compensation on your behalf.
Q. Will you try to settle my case before I have to go to trial?
Yes; our personal injury lawyers will attempt to obtain a fair and reasonable settlement at the appropriate time, which is often very close to trial. Many cases settle before, or sometimes during, trial. There is also the possibility that we will be able to settle your claim without actually filing a lawsuit. Often, however, the best settlement can be achieved only when the defendants and their insurers know that we are ready, willing, and able to go to trial. For that reason, we prepare each case from day one as if it were going to trial. Our personal injury lawyers have a reputation in Austin, San Antonio, and throughout Texas for having the resources, competence, and willingness to take cases all the way to trial and achieve outstanding results.
Q. What are my chances of obtaining a successful settlement or verdict?
The answer to this question depends on many factors, including the specific details of your case, the credibility of the witnesses (including you), the court where the case is filed, the laws that apply to your case, and the ability of the attorneys on both sides. No one can guarantee a particular result for a particular set of facts. However, we have found that a firm’s resources, competence, and reputation for record verdicts make all the difference in bringing a case to a successful conclusion.
Q. My child was injured and received compensation. How do I access the funds?
A. Because the compensation is generally put into a blocked bank account, the only way you can access the funds from your child’s compensation fund is if it is necessary for your child’s well-being. This must be done through the court. Your Central Texas Injury Law Group attorney can assist you.
Q. How long does it take to resolve a case?
We will strive to resolve your claim as quickly as possible while obtaining the best possible outcome. However, depending on its complexity, compiling a lawsuit can be a lengthy process. Each case varies in length, from as little as a few months to as long as several years, depending on whether it goes to trial and whether there is an appeal.