Leander Personal Injury Lawyer
No matter how a personal injury happens, the aftermath of sustaining one can be challenging to deal for many reasons. On top of the pain and physical limitations that the injury itself may cause, you will likely also have to deal with various financial and psychological losses, all because someone acted negligently.
After an unexpected accident, support from a capable Leander personal injury lawyer can go a long way towards obtaining the best possible case resolution. From collecting compelling evidence to demanding adequate financial compensation for your losses, your dedicated attorney can play a key role in protecting your best interests and preserving your rights. Call today to learn more.
Types of Personal Injury Claims
Personal injury law covers a wide range of situations where a person is harmed due to negligence or misconduct. One of the most common types of personal injury claims involves motor vehicle accidents. These cases may arise from car, truck, motorcycle, or pedestrian collisions where another driver failed to follow traffic laws or drove carelessly.
Another category includes slip and fall and other premises liability claims. If you were injured on someone else’s property due to unsafe conditions such as wet floors, uneven walkways, or poor lighting, you may have a claim based on the property owner’s failure to address known hazards. These cases often focus on whether the owner knew or should have known about the danger.
Personal injury claims may also involve dog bites, defective products, or injuries caused by unsafe consumer goods. In these situations, liability may rest with an owner, manufacturer, or distributor. A Leander lawyer may review how the injury occurred and identify which party may be legally responsible.
Proving Negligence After an Accident
The legal concept at the core of most personal injury lawsuits filed in Texas is negligence, which refers to the idea that anyone who injures someone else through recklessness or carelessness should be held responsible for their actions. Proving that someone was negligent in causing an accident requires transparently demonstrating the following:
- A duty of care existed between the defendant being sued and the plaintiff filing suit against them
- The defendant breached the duty they owed the plaintiff by acting carelessly or recklessly in some way
- That breach was the primary and direct cause of an accident that resulted in injuries that required medical attention
- The plaintiff suffered and is now seeking reimbursement for their losses and setbacks
In addition to showing that a named defendant was negligent, plaintiffs also often need to establish that they themselves were not negligent in any way that contributed to causing or worsening their own injuries. As a skilled personal injury attorney in Leander can explain, any finding of comparative fault against a plaintiff could result in them missing out on compensation for some or all of their losses.
Statute of Limitations for Personal Injury Cases in Texas
Every personal injury case is subject to a legal deadline known as the statute of limitations. In Texas, most personal injury claims are governed by Texas Civil Practice and Remedies Code § 16.003. This statute generally provides a two-year window from the date of the injury to file a lawsuit.
If a claim is not filed within this time frame, the court may refuse to hear the case, regardless of its merits. That is why it is important to be aware of how quickly time can pass after an injury, especially while you are focused on medical care or recovery.
Some exceptions may apply depending on the circumstances. For example, different rules may apply if the injured person is a minor or if the injury was not immediately discoverable. A Leander personal injury attorney may help determine how the statute of limitations applies to your specific situation and whether any exceptions could extend the filing deadline.
Getting the Most Money Possible for Injury-Related Losses
Beyond just establishing a defendant’s negligence and contesting allegations of comparative fault, another key part of filing an injury claim is identifying the value of one’s losses and pursuing adequate compensation for these setbacks. This means seeking monetary damages for both objective and subjective losses. For instance, a plaintiff could collect compensation for economic losses like medical bills and property damage while also pursuing compensation for non-economic pain and suffering.
It is also crucial to incorporate future losses like long-term medical expenses, lost working capacity, and reduced enjoyment of daily life into a claim. An experienced lawyer understands the importance of financial compensation after an accident and can fight to demonstrate the full extent of a plaintiff’s losses through a personal injury claim.
Frequently Asked Questions About Personal Injury Claims
What should you do after an injury?
After an injury, your first priority should be your health. Seeking medical attention helps document your injuries and may support a future claim. It may also be helpful to gather basic information, such as photos of the scene and contact details for witnesses, if it is safe to do so.
Do you have to go to court for a personal injury claim?
Not every personal injury case goes to trial. Many claims are resolved through negotiations with insurance companies. However, preparing a case as if it may go to court often strengthens your position during settlement discussions.
How long does a personal injury case take?
The timeline varies depending on the complexity of the case, the severity of the injuries, and whether liability is disputed. Some cases may resolve in a few months, while others may take longer if litigation becomes necessary.
Speak with a Leander Personal Injury Attorney Today
It can be hard for anyone to handle a serious injury in a proactive way, especially one caused completely by another person’s negligence. Fortunately, help is available from a capable legal professional with the experience and expertise necessary to achieve a positive case result on your behalf.
Getting in touch with a Leander personal injury lawyer should be a priority for anyone hurt by another person’s misconduct. Our legal team can collect evidence about the accident, discuss your options, answer questions, and help you protect your rights throughout your case process. Call today for a consultation.
