Temple Personal Injury Lawyer
Any mental or physical injury you incur due to another person’s negligence could result in a claim for compensation. These injuries could occur in vehicle collisions, during sporting events, or as the result of an act of violence. Ultimately, you could seek legal action against anyone that injures you through their intentional, reckless, or careless actions.
If you or a loved one were severely injured due to the reckless and negligent actions of another party or entity, a hard-working Temple personal injury attorney could guide you in pursuing legal action. With the help of a seasoned attorney, you may be eligible to recover compensation for all of your damages, including pain and suffering, medical expenses, lost wages, emotional anguish, and loss of enjoyment of life. En Español.
Types of Personal Injury Claims
When an accident occurs, those who have been injured due to another’s negligent actions could sue them for compensation. There are various types of accidents that could be grounds for a personal injury claim. This includes:
Common Compensable Injuries
While minor cuts and bruises are inconvenient, personal injury claims typically involve lasting or severe conditions.
Catastrophic wounds, including paralysis or brain damage, are some of the most severe injuries that could lead to a claim. However, an injury does not need to be catastrophic to result in compensation.
Examples of injuries that could result in a legal claim might include:
It is not enough for a plaintiff to demonstrate that these injuries occurred to recover compensation. A seasoned Temple personal injury attorney can investigate the incident and help the injured party seek compensation for all of their injuries.
Resolving a Personal Injury Claim in Temple
It is impossible to predict how a personal injury claim could play out. While the case could have any number of outcomes, there are two primary avenues to recovering damages on a personal injury claim. The first involves a negotiated settlement. The second requires obtaining a judgment at trial.
Making a personal injury claim alone in either situation is difficult if you are still recovering from your injuries. Negotiating with an insurance company or its attorneys may require multiple phone calls and a knowledge of the Texas Insurance Code. This is when having a knowledgeable attorney to handle the legal work can relieve you of the additional stress while you concentrate on getting well.
It is not unusual for a plaintiff in a personal injury case to resolve their claim through a negotiated settlement. The potential for settlement depends on several factors, though. Settlements typically only occur when the defendant has assets available to resolve a claim. In many cases, this involves a liability insurance policy. Even if compensation is available, there is no guarantee that a defendant will agree to make a payment in exchange for an agreement not to sue from the plaintiff.
If the case must go to trial, having an attorney is essential. The actual work of a trial begins long before anyone enters the courtroom. Pretrial hearings and exchanging evidence (known as discovery) are time-consuming processes. This is where many insurers defeat unwary litigants. Having an attorney present your evidence and argue your case can ease one more stressor from your mind at a time you do not need any more.
It is the role of the courts to resolve injury claims that cannot be settled. In many cases, this involves a jury trial. If a plaintiff succeeds in establishing that the defendant was responsible for their injuries, the jury could award them monetary damages as a result.
Types of Compensation Available in a Personal Injury Claim
If you file a personal injury claim, you can generally request two types of compensation: economic damages and non-economic damages.
Economic damages are those that can be calculated from documentary evidence. Some examples of economic damages are:
- Medical costs, doctors’ bills, medication, and other related costs
- Lost wages, other lost income, and loss of economic opportunity
- Incidental costs related to your accident, such as personal property damage
- Future expenses, such as long-term care, if your injury requires additional treatment
Non-economic damages are less easy to calculate, but still impact your life. Pain and suffering, emotional trauma, disfigurement, and loss of enjoyment are examples of non-economic damages.
Texas uses a multiplier method to determine the amount of non-economic damages. Under this method, the court takes the total amount of economic damages and multiplies them by a number from one through 5, depending on the severity of your injuries. The more serious the injuries, the higher the multiplier. Alternatively, a per diem method may award damages per day if you were incapacitated for a period of time.
Frequently Asked Questions
I only broke my leg in my accident. Do I still have a personal injury claim?
You always have the right to file a personal injury claim if your accident is due to another person’s negligence. Your best course of action is to have an attorney review your case and have them give you their legal opinion.
Does my case have to go to trial for me to get a settlement?
Not always. Most cases are resolved before reaching trial. Insurance companies prefer to settle before going to court, since litigation is expensive and time-consuming. Having a good personal injury attorney can help you settle your case before it reaches court.
What are punitive damages?
Punitive damages are a type of recovery meant to punish gross negligence, fraud, or malicious behavior that may not rise to the level of criminal acts. A claimant must present clear and convincing evidence, which is a higher standard. Your attorney can explain whether you can claim these damages or not.
What if I was partially responsible? Can I still get damages?
Yes. Texas follows a modified comparative negligence rule. This means that as long as you are less than 50% responsible for your accident, you can still recover some compensation for your claim. Your recovery will be reduced by your percentage of fault. For instance, if you were 10% responsible, you can still recover 90% of your damages.
Speak with a Temple Personal Injury Attorney
While there is no guarantee that a personal injury claim will result in a settlement or jury verdict, the right legal counsel could improve your chances. Litigating an injury claim is challenging, and a single misstep could damage your chances of recovering.
To ensure your rights are protected, select legal counsel that is experienced in handling bodily injury claims. To move forward with your case, set up a consultation with a Temple personal injury lawyer today.
