Experienced Round Rock Personal Injury Lawyers Fighting For Your Rights in Texas
Personal injury is an umbrella term that refers to legal claims caused by an accident or event that leads to injury or loss. Negligence is a factor in many personal injury cases, and showing evidence to prove that a third party did not exercise proper care is one of the main duties of a Round Rock Personal Injury Lawyer. Most personal injury claims include a demand for reimbursement of damages as well as pain and suffering, which is the psychological and physical stress caused by the accident.
What to do after a Personal Injury:
- Seek Medical Evaluation– If you have been involved in an accident, even if you feel no pain, it’s always good practice to get a Medical Examination. This is the first step in the Personal injury Case process. All of your injuries, even if not serious, have to be on file in order to properly proceed with a PI case.
- Accident Information – Write down or record any details of the accident that might prove useful in a later court date. This includes any kind of conversation, pictures, or eye witness reports from people that saw the accident unfold.
- Filing date limit – Know what your limit is on how long you have to start a Personal Injury case. Here within the State of Texas, you have a total amount of two years to file. If you decide to take action after two years of the accident, it is most probable that your case will be dismissed.
- Track all Expenses – In order to get the right amount of compensation for you and your family, you might need to prove that the injuries did, in fact, cause financial troubles within your family. Keep track of all expenses, wages lost, medical bills, property damage, and so on.
- Personal Injury Lawyer – Get in contact with an experienced professional that can help you get the compensation you deserve. Whether you decide to chose Elissa I. Henry Law Firm PLLC, or not, make sure you have competent representation on your side with years of dedication and experience with the people of Round Rock. Our attorney can assist you and your case.
What Are the Most Common Types of Personal Injury Cases in Round Rock?
While there are many different types of personal injury cases, some are more common than others, including:
- Car Accidents – There are thousands of car accidents in the U.S. every year, and an estimated two million people are injured in these accidents. A recent study by the National Highway Traffic Safety Administration (NHTSA) found that car wrecks cost an estimated $871 billion a year in the U.S., which includes medical expenses, property damage, and increases in insurance premiums. Car accidents cause injuries such as whiplash, fractures, concussions, and spinal damage.
- Premises Liability – This is a legal term that refers to a property owner’s duty to maintain a safe environment where visitors are safe from injury or harm. If you visit an office building, for example, and you suffer an injury or assault because the security was not adequate, you may be able to file a premises liability claim to hold the people in charge of building security accountable for what happened. Some factors in a premises liability suit are proving the defendant’s negligence and showing that your actions did not contribute to the accident.
- Motorcycle Accidents – Motorcyclists are much more vulnerable than drivers of passenger vehicles. When they are involved in accidents, they tend to suffer more serious injuries because they lack the protection of an enclosed interior. Common causes of motorcycle accidents include drivers who make unsafe lane changes, do not keep a proper lookout, and follow too closely.
- Negligence – Negligence is a legal term that refers to the responsibility that people have to behave in a way that comports with an expected standard of conduct. The main aspects of a negligence lawsuit are establishing that the defendant had a duty to the plaintiff, proving that the defendant breached that duty, and proving that the breach caused the plaintiff’s injury or loss.
Personal injury claims are generally never simple enough that you can afford to go at it alone. There are challenges that only an experienced Round Rock Personal Injury Lawyer can help you overcome. Elissa I. Henry Law Firm, PLLC can provide you with the resources and legal advice to best handle your personal injury claim. Schedule a consultation to see if we can help you.
What is a valid personal injury claim?
Almost 100 million people in the U.S. need emergency room treatment for accident injuries each year. If you are one of these people, you likely are wondering about your rights and whether you can seek financial compensation by filing a personal injury claim. Unfortunately, not every accident and injury leads to a valid claim, as you must meet certain requirements under the law. The best way to know if you have a valid claim is to allow a Round Rock personal injury lawyer to evaluate your situation.
Personal injury claims are based on one of the following:
Negligence involves acting outside of the usually expected standard of care and causing injuries to others. The elements you must prove for negligence are:
- The liable party owed you a duty of care, such as a driver who has the duty to operate their vehicle safely and comply with all traffic laws.
- The liable party breached their duty of care, such as by driving while intoxicated or speeding.
- The breach of duty led to your injuries like distracted driving caused the driver to crash into your vehicle, which caused your back injuries.
- You incurred damages as a result, including medical bills, lost income, and more due to your back injuries.
Negligence applies in many situations outside of traffic accidents, and negligence can be responsible for many types of accidents and injuries.
In some cases, parties can be liable for your personal injuries even without acting negligently. One common example is an employer that is held strictly liable for an employee who caused a car accident while on the job. Strict liability is a common concept in truck accident claims to hold trucking companies responsible for the injuries that occurred.
While these cases are rarer, some personal injury claims are based on intentional conduct. For example, a road raging driver might purposely ram your vehicle or run you off the road. These situations often lead to criminal charges against the offender, but you also need to file a separate personal injury case in civil court to protect your rights.
What damages can you sue for in a personal injury case?
Under Texas law, people who are hurt in accidents that are the result of someone else’s negligence are usually entitled to compensation for all of their accident-related losses. The losses are referred to as damages in personal injury law. Some of the damages that you may be able to seek after an injury-causing accident include:
- Medical expenses
- Lost income
- Property damage
- Physical and emotional pain and suffering
- Lost quality of life
Importantly, as an accident victim, you can seek compensation for your future damages in addition to your past and current losses. Identifying and calculating future damages is often a significant issue when it comes to cases involving permanent disabilities or long-term medical problems.
Determining future damages can be extremely complex, as you need to account for issues like inflation, career advancement, regular raises, and the costs of ongoing medical care. As a result, in instances involving future damages, it may be necessary to work with financial or medical experts to determine what exactly those damages will be.
How much does a personal injury lawyer cost?
Many people believe they can never afford to hire an attorney to help with a personal injury case. They might not have money to pay upfront, and they expect that after all the expensive legal fees, they won’t have anything leftover in the end. With all of your medical bills and financial stress following an injury, can you actually afford to pay for a personal injury lawyer?
Fortunately for injury victims, the answer to this question is YES. Anyone can afford legal representation for an injury case due to the way personal injury attorneys structure their fees. Unlike other lawyers who charge hefty hourly fees or upfront retainers, personal injury firms take cases on a contingency fee basis.
What does this mean? The following are true regarding contingency fees:
- The initial case evaluation is completely free, with no obligation to hire a lawyer.
- If you decide to hire an attorney, you will not have to pay anything upfront to retain their services.
- Your lawyer will investigate and pursue your case while covering the costs of the legal process for you.
- If your case is unsuccessful, you pay no legal fees for the attorney’s services.
- If your attorney obtains a settlement or award for you, the fees and expenses will come directly from your compensation, and you get to keep the rest.
This fee arrangement means you never need money from your own pocket to pay your attorney. You have nothing to lose by seeking legal help with your personal injury case.
Is it worth hiring a personal injury attorney?
Many injured victims wonder whether it is worth hiring a lawyer to represent them, especially when it is clear that the insurance company wants to settle their case out of court. After all, if you do not need to go to court, what is the point of retaining an attorney and paying legal fees if you can settle the case yourself?
In reality, it is always advisable to retain a lawyer after an accident. While an insurance settlement is not a legal proceeding, accepting a settlement still involves your legal rights. In fact, you are giving up certain rights in accepting a settlement, so you need to be sure that any offer that you accept adequately compensates you for your injuries. Once you sign your settlement agreement, it is next to impossible to obtain more compensation for your accident. Consequently, it’s critical that any settlement you accept is sufficient.
Some of the specific ways that a Round Rock car accident lawyer can maximize the chances of getting the compensation you deserve to include:
- Evaluating your losses
- Representing you in settlement negotiations
- Handling all aspects of your claim
- Communicating with the insurance company
- If necessary, filing a lawsuit and representing you in court