Austin Personal Injury Frequently Asked Questions | Austin Injury Lawyers | Austin Accident Lawyers
The number of questions you will have for your Austin personal injury lawyer are countless. Below are some of the most frequently asked questions of Austin personal injury attorneys. We have provided a brief answer to each of these questions, but you should talk to an Austin Personal Injury Attorney for an answer based on the specific facts of your case.
- Why should you hire an Austin personal injury attorney to represent you?
- How do you know if your case is worth pursuing?
- What can you recover for your injuries?
- What does an experienced Austin personal injury lawyer charge?
- Who is entitled to bring a personal injury claim?
- Who may file an action for the wrongful death of a loved one?
- How should you choose your personal injury attorney?
- What is negligence and why is it important?
- Is there any time limit on filing a personal injury claim?
- Will your case go to trial or be settled?
- Get photos of the cars or of the construction site or where you slipped, etc.;
- Send you to the right kind of doctor. For example, if you have a back injury, they will help you get to an orthopedic specialist;
- They act as a "buffer" between you and the insurance company that does not have your interests at heart; and
- They will either settle your claim for monetary damages or they will file suit in a proper court.
Should You Do All That and More? Of Course Not! Let an Experienced Austin Injury Lawyer Take the Load off Your Shoulders
Texas law is complicated and it requires an experienced Austin personal injury lawyer to get a good result. There are specific statutes that govern:
- Austin Car Accident Claims;
- Austin Product Injury Claims;
- Austin Malpractice Claims;
- Austin Injured at Work Claims;
- Austin Boating Accident Claims;
- Austin Punitive Damage Claims; and so much more.
Austin negligence law attorneys usually offer free initial consultations during which they will discuss your case with you and offer their opinions on what you might expect in your situation.
Unfortunately, there is no clear-cut answer to this question. When you are physically injured, generally you can recover money damages for these "elements of damages":
|Lost Wages||Pain & Suffering||Medical Expenses|
|Loss of Earning Capacity||Physical Impairment||Rehabilitation Expenses|
|Mental Anguish||Physical Disfigurement||
Where a family member has died from a fatal accident, then the Estate is entitled to recover Conscious Pain & Suffering damages, medical expenses and punitive damages. This is called as estate claim.
The heirs may also sue for their mental anguish and their "loss of familial consortium".
Your Austin, Texas personal injury attorney will zealously advocate on your behalf to ensure that you are fairly compensated for your injuries.
Austin personal injury lawyers typically don’t charge their clients anything unless they win the case and recover money for the client. This arrangement is called a contingency fee agreement and is extremely beneficial for injury victims and their families, who often can’t afford attorney’s fees after an accident. A typical contingency fee compensates the attorney at a percentage of any recovery they obtain for the client. The bottom line is that if your attorney recovers nothing for your injuries, then you pay nothing. This not only minimizes out-of-pocket expenses, but it also ensures that your lawyer’s interests are aligned with your own. Your personal injury attorney will discuss payment with you during your initial consultation so that a satisfactory agreement may be worked out between you prior to beginning work.
Of course, the injury victim may bring a claim for damages against the party at fault, so long as they can prove legal fault, causation, and damages, and are in compliance with any applicable Statute of Limitations setting a time bar on the lawsuit (click here to read more on Statutes of Limitations). However, family members and bystanders may also bring claims for damages in certain cases. For example, a claim for negligent infliction of emotional distress (NIED) or intentional infliction of emotional distress (IIED) may be available where a close family member witnesses an injury being inflicted upon their loved one. Similarly, immediate relatives can recover in a wrongful death action if another party’s negligent or reckless behavior caused their loved one to die, or a spouse may seek recovery for loss of consortium in personal injury or wrongful death cases. A Texas personal injury attorney will be able to counsel you on who should pursue claims for the injury your family has suffered.
Generally, the parents, spouse, child or estate of the person who was wrongfully killed may bring an action for wrongful death. If the case involves a child bringing a wrongful death claim for the death of his or her parents, the child may need an adult guardian to bring the action on their behalf. Speaking to a local wrongful death attorney can clarify this issue. Further, a wrongful death attorney will be able to inform you whether Texas law allows for other family members or legal dependents to file a wrongful death action on behalf of the deceased.
Choosing the right attorney is what DotCO Law Marketing, L.L.C. is here to help you do. While any attorney might be able to help you pursue a personal injury claim, the attorneys advertised on each of our pages specialize in a particular area of law. As a result, they will be more familiar with the procedures and complexities involved in your case.
In choosing a lawyer there are several criteria to consider. First, you should consider whether you want an attorney that works at a large, mid-sized, or small firm. Next, you should have a consultation with a few attorneys to determine which you feel most comfortable with. After narrowing down your choices, you may wish to ask the attorneys for professional references who can discuss their experience with that attorney. These references may be other attorneys who practice in the area or clients whom the attorney has helped in the past. Finally, check the lawyer’s Martindale Hubbell AV rating before reaching your decision. Choosing an attorney is an important decision, and DotCO Law Marketing strives to include only the highest quality lawyers specializing in each area of the law to make your choice easy.
Negligence is one of the most important concepts in personal injury law. Negligence serves as the basis for most personal injury lawsuits and is basically the failure to meet a certain standard of care. The law establishes certain duties, or standards of care, applicable to various different situations, and when a person acts carelessly and departs from the applicable standard of care, they are deemed negligent.
In order to prove a claim, a plaintiff (the injury victim) must demonstrate that the defendant (the person being sued) had a duty to the plaintiff, that the defendant breached that duty by failing to conform their conduct to the required standard of care, that the defendant’s negligent conduct caused the plaintiff’s harm, and, finally, that the plaintiff in fact suffered some cognizable harm or injury as a result. An experienced Austin personal injury lawyer is familiar with these concepts and can help you prove each element necessary to show the defendant was negligent and should be held legally accountable for your damages.
As a general rule, almost all personal injury claims may be filed up to two (2) years from the time of injury under something called a Statute of Limitations. However, there are several exceptions to this rule, generally where some statute applies to the case at hand, and the limitations period may be either shorter or longer. When a personal injury claim involves an injury that occurs over a period of time, such as an occupational injury, then the claim generally must be filed within two years from the time the injury victim or worker knew or reasonably should have known of the injury. Finally, the limitations period may be extended in certain other cases, such as when the victim is a child. In such case, the law may state that the Statute of Limitations does not begin to run until the child’s eighteenth birthday.
You should always contact a personal injury lawyer well in advance of any legal time bar so that you do not lose your right to sue. Austin personal injury attorneys are familiar with Texas limitations periods and can begin work on your case immediately.
There is no rule for which cases go to trial versus which are settled by lawyers prior to any formal trial procedures; however, trials are becoming less and less common. Nearly 90% of all cases are settled before having to go to trial. It may be to your advantage to accept a settlement because you receive compensation much faster than you would in a drawn-out legal proceeding. Also, insurance companies may want to settle with you or you may receive workers’ compensation benefits without having to litigate your claim in a court. However, sometimes, when a settlement offer is unsatisfactory or other considerations are involved, it may be necessary to litigate in a court case. Texas personal injury lawyers have experience settling claims and litigating in both state and federal courts, and will seek to balance your interest in receiving the maximum recovery with your interest in seeing the case through quickly and with the least interference to your life.
Personal Injury Attorneys Serve Austin and Surrounding Cities
Serving clients throughout Central Texas, including Anderson Mill, Austin, Barton Creek, Bear Creek, Bee Cave, Bluff Springs, Briarcliff, Brushy Creek, Buda, Cedar Park, Cele, Coupland, Creedmoor, Driftwood, Dripping Springs, Elgin, Georgetown, Hays, Hutto, Jollyville, Jonah, Jonestown, Lago Vista, Leander, Liberty Hill, Lost Creek, Lund, Manchaca, Manor, Marshall Ford, McNeil, New Sweden, Onion Creek, Pflugerville, Point Venture, Rollingwood, Round Rock, San Leanna, Serenada, Shady Hollow, Sun City, Sunset Valley, Taylor, The Hills, Thorndale, Thrall, Volente, Waterloo, Webberville, Weir, Wells Branch, West Lake Hills, Williamson, Windemere, Wyldwood and other communities in Hays County, Travis County, and Williamson County.
Contact one of the Austin personal injury lawyers on this site to discuss all of your personal injury and accident questions.