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December 11, 2019

Austin Personal Injury Lawyer

The effect a serious accident can have on your life is undeniable. When you’ve been injured by someone’s negligence, you can work with a personal injury lawyer in Austin to obtain your rightful compensation.

There are seemingly endless types of accidents you could be involved in, and when you suffer a catastrophic injury, you’ll have much to overcome. The physical impact alone could put you in the hospital for an extended period of time. During that time, you’ll be unable to work, which adds to the overall financial strain of the incident.

Despite the fact that money troubles should be the least of your concern, without an income, this can become inevitable. Thankfully, the attorneys at Crain Lewis Brogdon, LLP are prepared to help you pick up the pieces of your life. Your Austin personal injury lawyer will review the circumstances of your accident in great detail so we know who should be obligated to cover your damages.

From there, we’ll examine the losses you endured so that each one can be accounted for when we determine what your claim is worth. You can rest easier knowing that a team of highly trained attorneys are ready to fight for maximum repayment.

Should You Pursue a Civil Lawsuit?

Personal injury claims often have a bad reputation, but when another individual has been negligent and causes you to be involved in any type of accident, you have the right to hold them accountable. Our firm represents clients who have been injured in numerous kinds of accidents, including:

We will thoroughly investigate the cause of your accident in order to establish liability of your losses, at which point, we will also gather the evidence needed to build your case. The at-fault party will vary, depending on which type of accident you’ve been injured in, but you can be sure that your attorney will bring claims against each and every entity who contributed to the cause of your accident.

Modified Comparative Negligence, Explained

Individuals who know they are partially responsible for the cause of their accident might be under the impression that they don’t have a case, but this is a common misconception.

In Texas, contributory negligence laws are modified comparative, which means that even if you are partly at fault, you can still bring a claim against the other at-fault party. It is important to note that in these cases, you should expect that your award will be lessened, based on your percentage of liability.

For instance, if you were 10 percent responsible and were awarded $100,000, you could reasonably expect your award to be reduced by 10 percent. In this scenario, your claim will be resolved with an award of $90,000. However, the threshold for such cases is 51 percent, so if you are more than 50 percent to blame, you will no longer be able to pursue your claim.

As you can see, comparative negligence laws can dramatically influence the outcome of your case, and you’ll want an attorney by your side who will ensure that only an appropriate percentage of blame is applied to you so you can still be awarded the funds you deserve.

How Your Austin Lawyer Will Determine What Your Claim is Worth

There are two categories under which your damages will be classified when you have been injured in an accident: economic and non-economic. Economic damages will impact you financially and might include the following:

  • Medical bills, equipment costs and installation fees
  • Property damage
  • Lost wages
  • Loss of earning capacity, bonuses, and retirement savings

Other types of loss you’ve experienced are considered non-economic, meaning how your psychological state or lifestyle has been affected. These might consist of the following:

  • Loss of enjoyment of life
  • Inconvenience
  • Pain and suffering
  • Loss of companionship and love
  • Scarring
  • Disfigurement
  • Loss of household services
  • Mental anguish

In addition to securing compensation for the above losses, you might find that the judge awards you punitive damages. However, these are only awarded in cases where the defendant’s actions were abhorrent or egregious in nature, or if they were intending to cause harm.

Although an award of punitive damages will certainly benefit the outcome of your case, their ultimate purpose is to make an example of the liable party.

Austin Personal Injury FAQ

We understand how overwhelmed you must be feeling at the thought of filing a personal injury claim. With this in mind, we have composed a list of some of our most frequently asked questions regarding civil lawsuits. If you have other questions that haven’t been answered here, please contact our office to schedule a free consultation so we can further discuss your claim.

Do I have a certain amount of time to file my lawsuit?

Yes, the statute of limitations for personal injury claims across the state of Texas is two years. This means that you will have a maximum of two years from the date that the accident occurred to file your claim. If you weren’t diagnosed with an injury related to the accident until a later date, you can expect the statute of limitations to begin running from the date of your diagnosis.

Filing your claim before the statute of limitations expires is crucial, because if it is not filed in time, the Austin court system will refuse to hear your claim and you will be unable to obtain the compensation you deserve. Fortunately, your attorney will ensure that your personal injury claim is filed in a timely manner so this shouldn’t be a concern while you focus on recovering.

Can we settle outside of court?

Generally speaking, yes we can. However, it depends on whether we can get the insurance company to meet our settlement demands. In most cases, the insurer is not likely to simply write us a check for the amount you deserve, as this means they will lose out on money.

In fact, it is not uncommon for insurers to engage in unscrupulous tactics in an attempt to minimize your settlement. For this reason, we strongly recommend that you have your lawyer handle the negotiations process. If the insurance company refuses to comply with our needs, going to court will be in your best interest, if you hope to recover full compensation for your losses.

What happens if a government agency is responsible for causing my injuries?

If a government agency, or agent of a government agency, is found to be liable for your damages, your case will need to filed under the Texas Tort Claims Act. This act is far more complex than your run-of-the-mill personal injury claim, so you’ll want to enlist the services of a qualified attorney as soon as possible.

Reach Out to an Austin Personal Injury Attorney

When someone else’s negligence is responsible for bringing you significant harm, consult with a renowned Austin personal injury lawyer at Crain Lewis Brogdon, LLP today.

We are pleased to provide injury victims across the state with a complimentary case evaluation, where we can learn more about the accident you were involved in. You can claim yours by calling our office at 214-522-9404 or by filling out the brief contact form located at the bottom of this page.