If you’ve been injured in an accident in Austin, TX, and someone else was at fault, you may be able to recover compensation for your injuries, property damages, and other losses. Navigating the personal injury claim process can be complex, but don’t let it overwhelm you. An experienced personal injury lawyer can handle your case and greatly simplify the process.
That’s where The Simon Law Group can help. We’ve got the expertise you deserve to help you fight for compensation for all of your accident-related losses.
To schedule a consultation with an experienced Austin personal injury lawyer, contact our law office today at (737) 273-8800.
How The Simon Law Group Can Help After a Personal Injury Accident in Austin
Our highly skilled attorneys have over 250 years of combined experience in personal injury law. To date, we’ve recovered over $600 million for our injured clients. That’s a track record of success you can depend on to get results for your case.
When you hire one of our Austin personal injury attorneys, you can count on us to take the following steps in your case:
- Investigate the accident and identify the at-fault parties
- Gather other evidence to support your claims
- Assess the extent of your damages
- Contact witnesses and collect their statements
- Explain your legal options and develop a case strategy with you
- Negotiate a settlement with the insurance provider on your behalf
- Take your case to court, if necessary
Let us level the playing field between you and the insurance company. To learn more about how The Simon Law Group can help you, contact our office today.
What Is My Austin Personal Injury Case Worth?
You might assume that the value of your personal injury case is merely the total of your medical expenses and property damage. That isn’t so. There are many factors that will influence the value of a personal injury case, including:
- The extent of the injuries
- The amount of property damage
- The amount of missed wages if the victim could not work after the accident
- Whether the victim was partially at fault in the accident
- The extent of non-economic injuries in the case, such as pain and suffering
- The relevant insurance policy limits
With so many variables at play in any case, it’s impossible to pinpoint what a case may be worth without reviewing it in detail. However, an experienced personal injury lawyer can review the facts of your case and offer more insight during a free case review..
What Kind of Damages Are Available to Personal Injury Victims?
Whether you’ve been injured in a slip and fall, a car accident, or some other type of personal injury accident, the primary remedy available will be compensatory damages.
Compensatory damages are intended to compensate injured parties for their injuries or losses. They can be divided into two categories: economic damages and non-economic damages.
Economic Damages
Economic damages concern the financial consequences of an accident or injury. They are sometimes called tangible damages or special damages. Economic damages include:
- Past and future medical expenses
- Lost wages
- Diminished earning capacity
- Property damage
- Transportation expenses
Economic damages are fairly easy to calculate because they usually relate to specific transactions. However, significant future medical expenses or diminished future earning capacity can be harder to quantify. An experienced personal injury lawyer can help you calculate all of your economic damages.
Non-Economic Damages
Non-economic damages concern the emotional, psychological, or intangible consequences of an accident or injury. They are sometimes called intangible damages or general damages. Non-economic damages include:
- Pain and suffering
- Mental anguish
- Loss of companionship
- Disability or disfigurement
- Diminished quality of life
Non-economic damages are harder to calculate than economic damages because they don’t relate directly to financial losses. It can be challenging to put a price tag on things regarding an accident victim’s subjective experience. However, a skilled personal injury attorney can help review your case and assess the extent of your damages.
How Much Does It Cost To Hire a Personal Injury Lawyer in Austin?
When you’re dealing with unexpected costs caused by an accident, such as medical bills and lost wages, the last thing you want to do is take on additional costs. Fortunately, most personal injury lawyers, including ours, take cases on a contingency fee basis. This means you don’t have to pay any attorney’s fees upfront.
Instead, the attorney collects their fee at the end of the case, and only if you successfully recover compensation. If you do, then the attorney collects a percentage of your ultimate financial award as their fee.
Most personal injury lawyers will charge between 33% and 40%. Your attorney will discuss the amount of their fee and any other costs you may be responsible for at the outset of the representation.
Can I Recover Compensation if I’m Being Blamed for an Accident in Texas?
It depends. In Texas, you can recover compensation if you’re partially at fault in an accident—to a certain extent. Texas has a “modified comparative negligence” law. It states that a personal injury claimant cannot recover compensation if their liability is greater than 50%.
So, if you are being blamed for an accident and your portion of the blame is 50% or less, you can recover compensation for your injuries. However, your compensation will be reduced in proportion to your percentage of fault.
Consider this example. Imagine that you were rear-ended at a stop light by someone who was speeding and failed to stop on time. At the same time, you were looking at your phone and didn’t notice that the traffic light had turned green.
You could both be apportioned some blame in this situation. If you suffered $100,000 in damages and were found to be 25% at fault, while the other driver was 75% at fault, then you could recover up to 75% of your damages—or $75,000 dollars.
How Do I Prove Negligence After an Accident in Austin, TX?
Most personal injury cases are founded on negligence. In a legal context, negligence means failing to act reasonably under the circumstances. To prove negligence, you must establish the following four elements:
Duty of Care
You must show that the defendant owed you a duty of care, which is a legal obligation to act a certain way in regard to others. For example, when driving a car, you have a duty of care to drive with reasonable care and consideration for the safety of others.
Breach
You must show that the defendant breached their duty of care. This usually requires showing that they failed to act reasonably under the circumstances.
Damages
You must establish that you suffered injuries or other harm.
Causation
You must show that the defendant was the factual cause and legal (or proximate) cause of your injuries and losses. The “factual cause” means the accident would not have occurred without the defendant’s actions. The “legal cause” means that your injuries were a reasonably foreseeable consequence of the defendant’s actions.
You must prove each of these four elements “by a preponderance of the evidence.” This means you must present sufficient evidence to convince the jury that it is more likely than not that a fact being asserted is true.
How Long Do I Have To File a Lawsuit After an Accident in Texas?
You have two years after the date of an accident to file a personal injury lawsuit in Texas. This deadline for filing your case is called the statute of limitations. With limited exceptions, you will be prohibited from filing your personal injury case if you don’t file it before the deadline passes.
Many personal injury cases are resolved before a lawsuit is filed. However, it’s important to be aware of the deadline for filing your case because the ability to file a lawsuit is an important tactical tool in seeking adequate compensation from insurance companies.
Our experienced personal injury lawyers will calculate the deadline for filing your case and ensure that it is filed on time, if necessary.
Contact Our Austin Personal Injury Lawyers for a Free Consultation
If you were injured recently in an accident in Austin and another party was at fault, you may be able to recover compensation for your medical bills, lost wages, and more. Our seasoned Austin personal injury attorneys will help you navigate the personal injury claim process and fight for compensation for all of your accident-related damages.
To schedule a free consultation with a member of our team, contact our office today.
