Personal Injury Law in Austin, TX

Were you hurt due to another’s negligence in Austin? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Austin, TX can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Austin relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in Austin, TX

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Austin 

According to the official website for the City of Austin, The most common accidental injuries result from falls, motor vehicle crashes, poisonings, suffocations, and drownings. These injuries have resulted in hospitalizations averaging 4 days, with an average cost of over $75,000.

Steps in a Personal Injury Lawsuit in Austin, TX

Once you determine that you wish to proceed forward with a personal injury action in Texas

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

For Travis County, claims under $10,000 are filed in either small claims or Justice Court.  Larger claims are filed in either County or District Court.  After the plaintiff files a petition with the court, the defendant will be given a deadline to respond. A hearing will then be held, at which time both parties have the opportunity to present evidence.  The judge or a jury will make a final decision based on the evidence presented. Therefore an Austin attorney plays a crucial role in making sure you have a solid, evidence-based case.

Texas Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Settlement amounts are affected by numerous factors, including actual costs (medical, property, and lost wages), as well as amounts that are harder to quantify, such as pain and suffering.  According to the Insurance Information Institute, Texas has some of the highest speed limits in the country, resulting in not only more auto accidents overall, but also in more severe injury/damages in the accidents that happen.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in TX, that means you risk not receiving any compensation at all.

Damage Awards in Texas

If your Texas personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay. In order to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Texas does not cap economic damages. Unless the claim is against the government, in which case there is a cap of $100,000.  Non-economic damages, often referred to as pain and suffering, are capped at $250,000.

Statute of Limitations in Austin, TX Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The Texas statute of limitations for most personal injury claims, including wrongful death, is two years from the date of the injury. The statute is shorter for claims against the government. As well, any claims against the City of Austin must be filed within 45 days.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Austin, TX Lawyer

Pursue a personal injury claim in Austin against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Texas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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