If you suffered significant injuries in an unexpected accident, you are likely wondering what you should do next. Thankfully, you likely have options for seeking justice and pursuing financial compensation from the guilty party. For instance, a carefully constructed personal injury claim could be the ideal option for your situation. When an accident was caused by another person’s recklessness or negligence, you can use a civil lawsuit to hold them accountable.
An experienced Austin personal injury lawyer from Felix Gonzalez Law can take the lead in investigating the accident, handling your case, and helping you seek the justice you deserve. You do not have to navigate this challenging situation alone.
There are many different accidents and situations where, when handled appropriately, a plaintiff might be able to pursue financial compensation through a personal injury claim.
Vehicle crashes are one of the most common reasons why people file civil claims for personal injuries. These accidents can include:
Since any collision could be severe, the survivors of these accidents usually collect compensation for all their many losses, including medical treatment and vehicle repair costs.
People generally assume that products they buy will be safe for daily use. However, this does not always happen. Sometimes negligent manufacturers or corporations create defective products that severely hurt innocent consumers. There are many instances of defective products, but personal injury actions can help address these frustrating situations.
Accidents on construction sites, unfortunately, happen regularly. Additionally, the industrial nature of these locations means that wounds are often catastrophic. Thankfully, construction injuries that cannot be handled by the workers’ compensation system might warrant a personal injury claim.
Determining when personal injury lawsuits are a possibility can be challenging for an unrepresented plaintiff, but a knowledgeable Austin attorney can help someone assess their situation and pinpoint the best next steps.
After an accident, insurance adjusters move quickly to protect their own bottom line rather than prioritizing an injured person’s recovery. They may pressure people to accept a fast settlement before they understand the full extent of their injuries. In other cases, they ask for unnecessary documentation or look for ways to shift blame back onto the injured person. A personal injury lawyer in Austin can step in early and take over communication with the insurer to help avoid clients being taken advantage of while they are focused on healing. Without legal guidance, many injured people accept far less than their claim is actually worth simply because they did not know what to ask for or how to push back. A lawyer can also identify every party who may share responsibility for an accident, which is important when more than one insurance policy could apply to a claim.
With a team-based approach for every personal injury case, the Austin attorneys from Felix Gonzalez Law start by gathering the police report and medical records to build a clear picture of what happened. We also obtain witness statements when available and bring in accident reconstruction professionals when a case calls for it. The firm understands the local roads and job sites where many clients get hurt and knows how Travis County courts typically handle these disputes. If a fair settlement is not offered, the attorneys are ready to file suit and take any case to trial.
No two personal injury cases carry the same value, since the amount someone recovers depends on the specific losses they experienced and how the accident affected their daily life. Generally, compensation in a personal injury claim falls into two categories: economic damages, which reimburse measurable financial losses, and non-economic damages, which address harder-to-quantify effects such as physical pain or emotional distress.
Texas also follows a modified comparative responsibility system, so it helps to understand how the law treats fault before valuing a claim. Under Texas Civil Practice and Remedies Code Section 33.001, a claimant found more than 50 percent responsible for an accident cannot recover damages, while those who are found partially at fault typically see their recovery reduced by their assigned percentage of responsibility.
A well-documented injury claim should account for every category of loss, which may include:
In cases involving gross negligence, Texas law places limits on the exemplary damages a court may award, so it is worth discussing this possibility with a lawyer. When a lawyer evaluates an Austin personal injury claim, they start by reviewing medical records and consulting treatment providers when appropriate to better understand an injured person’s prognosis and factor in future care needs, rather than settling for whatever an insurance company initially offers.
Since a personal injury lawsuit is a type of civil claim, it is usually subject to a time limit known as the statute of limitations. Tex. Civ. Prac. & Rem. § 16.003 requires that, in most cases, a claimant file their lawsuit within two years of their accident. Failing to respect this time limit will most likely disqualify a case. Exceptions might apply for injured children or other unique circumstances.
A detail-oriented Austin lawyer can help someone understand how long they have to file their personal injury case. Felix Gonzalez Law keeps track of these important filing deadlines throughout this process, since a missed deadline can prevent people from recovering any of the damages described above.
If you were injured by someone else’s gross negligence, you deserve a legal representative to analyze your case. Fortunately, Felix Gonzalez Law has the skill needed to prepare your claim, present evidence on your behalf, and protect your legal rights. You should not have to settle for inadequate compensation or a dismissal of your case, so reach out today to get started. Contact us to speak with an Austin personal injury lawyer to schedule your initial consultation.
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