Personal Injury Attorneys in Austin, TX
If you have been injured due to an accident or incident in which you believe someone else was at fault, you have the right to seek compensation. A personal injury attorney can help you file a lawsuit against another individual in civil court.
You have a limited time to file a personal injury lawsuit; call Kelly Legal Group today: (512) 505-0053 or request an appointment.
Types of Personal Injury Cases
There are a variety of situations that can result in personal injury lawsuits:
- Car Accidents. When you are injured in a car accident at the fault of the other party, you can pursue legal action in order to get financial compensation for medical bills and pain and suffering. In car accident cases, it’s usually insurance companies that are responsible for paying damages. Insurance companies want to pay as little as possible toward a claim, which is why it often requires an attorney to get adequate and deserved compensation.
- Trucking Accidents. Tractor trailers are large, heavy vehicles that can do a lot of damage in an accident. Injuries are often more severe in truck accidents than in car accidents between two personal vehicles. If you or a family member has been injured in a trucking accident, an experienced personal injury attorney can help you and your family get the compensation that is deserved to cover medical bills, pain and suffering, lost wages, and any other hardships you have endured as a result of the injury.
- Motorcycle Accidents. Motorcycle riders are at an increased risk of injury in an accident because their vehicle offers no protection from bodily harm. Wearing a helmet and protective clothing is the rider’s only defense. If you’ve been injured in a motorcycle accident due to a negligent or careless driver, an attorney can help.
- Bicycle Accidents. Similar to motorcycle accidents, bicycle accidents are more severe for the rider because they have very little bodily protection. Bicycle riders have a right to ride on certain roads as long as they follow the laws. If a rider is injured by a vehicle, the driver may be at fault. A personal injury lawyer can provide legal advice in this case.
- Dog Bites. In most cases of dog bites, the owner of the dog is considered to be responsible for damages. Each individual situation is different, which is why it is best to seek an attorney to help you determine the best course of action.
- Slip and Fall. If you are injured due to a fall on someone else’s property, you have the right to seek compensation. The owner of the property is typically held responsible in these cases, but it all depends on the circumstances surrounding the individual situation. An attorney can help interpret the law in your situation and determine how to handle the case.
- Traumatic Brain Injuries. Sometimes a severe accident results in a traumatic brain injury. In many cases the injured person may never regain the brain function they had before the injury. Their entire life is now changed, as well as the lives of their family members. An attorney can help the family get the compensation that is deserved to take care of medical bills as well as future care expenses.
Facts About Personal Injury and Medical Malpractice Lawsuits in Texas:
- In Texas, as in all states, there is a statute of limitations for personal injury cases. For Texas a person has two years from the date of the injury to file a lawsuit pursuant to Tex. Civ. Prac. & Rem. Code, Title 2 section 16.003.
- It is not uncommon for the person or business that you are filing a claim against to fight back, claiming that you are actually to blame for the incident. In some cases the fault may be shared between the parties involved.
- Texas follows a “modified comparative negligence rule” for fault shared cases. The rule means that the amount of compensation you receive will be reduced by an amount that is equal to your percentage of fault. If you are more than 50% at fault then you will recover nothing from the other party.
- Some states place limits on the types of damages that an injured person can receive after a successful personal injury trial. The important aspect to remember for Texas is the statutory limitations on damages only apply to medical malpractice cases.
- In most medical malpractice cases, non-economic damages are limited to $250,000 per defendant, and $500,000 overall. For medical malpractice cases involving wrongful death in Texas, there is a cap that is indexed for inflation and the cap starts out at close to $1.5 million.
When to Call a Personal Injury Attorney
If you or a family member has been injured in an accident, the sooner you call an attorney the better. You only have two years to file a lawsuit following an accident, and while that may seem like plenty of time, it can pass quickly. It’s best to get the facts documented when the events are fresh in your mind and in the minds of any witnesses.
It is your right to seek financial compensation for the hardship you or a loved one have experienced. Call Kelly Legal Group today to schedule a free consultation: (512) 505-0053.