When you suffer injuries in an accident, you will likely experience financial setbacks and emotional anguish. You might be left with costly medical bills or property damage, and you might not be able to return to work for an extended period.
If someone else’s negligence caused the accident and your injuries, you likely have legal options for getting back on your feet. For instance, you could sue the careless individual for damages that could cover all your numerous losses. Acting quickly after an accident is key, so do not hesitate to reach out to a Schertz personal injury lawyer to gain an understanding of your legal options.
Generally speaking, an individual is entitled to file a personal injury lawsuit seeking damages if someone else’s failure to use reasonable caution resulted in an accident. Negligence could contribute to many common incidents, including but not limited to:
Investigating the circumstances surrounding an accident is key, and a detail-oriented legal representative can work to identify all potentially negligent parties. For example, if someone slipped on a raised and unmarked tile in a market, the business operator might need to assume liability for any resulting harm. Additionally, the property owner might also face some blame, as could the employee who installed the uneven floor tiles. If applicable, the tile manufacturer might even need to assume some liability. Identifying all the potentially guilty parties can significantly strengthen a plaintiff’s personal injury claim, as a Schertz attorney can explain in detail.
When it comes to seeking compensation for personal injuries, there are multiple different legal processes involved. In most cases, a legal representative would begin by contacting the negligent defendant with a demand for damages. Negotiations ensue, which in most cases will produce a settlement. If more than one party’s negligence contributed to the accident, Texas Civil Practice and Remedies Code §33.001 establishes the doctrine of proportionate responsibility. This framework requires each party to pay damages in proportion to their degree of responsibility for the accident.
If negotiations cannot produce an acceptable agreement, the injured person could file a lawsuit. Texas’ statute of limitations provides injured people two years from the date of their accident to submit their action. Negotiations often continue after submitting a lawsuit, and most suits never go to trial. However, a dedicated lawyer in Schertz can help an injured plaintiff prepare for a trial if necessary.
In most cases, financial compensation in a personal injury case would repay a claimant for all the losses they suffered in an accident. However, in order to collect any monetary damages, the injured person must prove their setbacks, and a seasoned legal representative could provide advice about how to document the impact of an accident.
For instance, when proving medical expenses, an injured person could implement invoices, pharmacy records, and receipts for all the incidental fees they incurred while seeking treatment. Meanwhile, employment records and tax returns could validate the income that someone lost after an incident. If a claimant needs assistance, expert testimony could help conclude reduced earning capacity and the cost of medical treatment.
In some situations, the damages associated with a personal injury case could also include payments acknowledging the diminished quality of life the claimant experiences due to the injury. Opinions from doctors and mental health professionals, prescription records, and testimony from the claimant and their family members could establish the degree of these more subjective losses.
A resourceful attorney in Schertz can take the lead in gathering evidence about losses and proving a plaintiff’s damages during the process of resolving a personal injury claim.
After a severe accident, it is reasonable for you to feel lost and confused, not knowing the process associated with seeking financial compensation. Therefore, it is likely in your best interests to allow a legal professional to handle negotiations with a defendant’s attorney and the relevant insurance companies. You are more likely to settle your case and collect the damages you deserve when you work alongside a Schertz personal injury lawyer. Reach out to the office today to schedule your initial consultation.