Austin Personal Injury FAQ

It is crucial to understand that if someone has committed a tort against you, it is within your right to be compensated for the pain and suffering experienced.

We will answer as many questions as possible to help you make an informed decision when dealing with personal injury claims. Do not hesitate to contact our law office if you have any questions regarding personal injury cases in Austin TX.

How Do You File a Personal Injury Claim?

Before answering this question, you need to understand that every personal injury case is different. Therefore, the steps we mention are merely for reference purposes only. To file a personal injury claim, follow the following steps:

Medical Records

Medical records act as evidence that an injury occurred. It is also a requirement by an insurance adjuster, and it will come in handy if you go to court.

Prepare Your Documents

Your injuries should be well documented, and evidence of the cause of the injury attached. You should also gather evidence to show how the injury has affected your standard of living. This evidence makes it easier for your legal counsel to present a watertight case.

Establish Negligence

This is where we come in. Our work will be to establish negligence against the defendant. For example, let us assume the accident was caused by drunk driving. In this case, we will prove that it could have been avoided if the driver had been sober.

After that, we will serve a notice of claim to all involved parties. We will begin settlement talks at this stage, and if a settlement is not reached, we will file a lawsuit.

How Much Is My Case Worth?

It is not easy to determine how much a case is worth, but we can tell you that the more injured you are, the more valuable it is. Serious injuries attract more severe damages and vice versa. There are, however, several factors that affect a case:

Your level of liability
Whether you have adequate medical records
The nature of your injuries
Personality traits of the defendant

What are cases that are considered as a Personal Injury Case in Texas?

In Texas, a personal injury case generally involves any situation where an individual suffers harm or injury due to the negligence or intentional actions of another party. Here are some common examples of cases considered as personal injury cases in Texas:

Car Accidents: When a driver’s negligence causes a collision resulting in injuries to passengers, pedestrians, cyclists, or occupants of other vehicles.
Truck Accidents: Similar to car accidents, but involving commercial trucks, tractor-trailers, or other large vehicles.
Slip and Fall Accidents: These occur when hazardous conditions on someone else’s property lead to slips, trips, or falls, causing injuries.
Medical Malpractice: When a healthcare provider’s negligence or misconduct results in harm or injury to a patient, such as surgical errors, misdiagnosis, or medication errors.
Premises Liability: Injuries sustained on another person’s property due to unsafe conditions, such as inadequate maintenance, poor lighting, or lack of warning signs.
Product Liability: When a defective or dangerous product causes injuries or harm to consumers, manufacturers, distributors, or retailers may be held liable.
Dog Bites: Texas has strict liability laws for dog bites, meaning dog owners can be held responsible for injuries caused by their pets, regardless of whether the owner was aware of the dog’s propensity to bite.
Workplace Accidents: While most workplace injuries are covered by workers’ compensation, there may be cases where a third party’s negligence contributes to the injury, allowing for a personal injury claim.
Assault and Battery: Victims of intentional acts of violence, such as assaults or batteries, may pursue personal injury claims against the perpetrators.
Brain Injuries: Brain injuries can result from various accidents, including car accidents, falls, workplace incidents, or assaults.
Burn Injuries: Burn injuries can occur in fires, explosions, chemical spills, or accidents involving hot surfaces or liquids.
Pedestrian Accidents: Pedestrian accidents involve collisions between vehicles and individuals walking, jogging, or standing near roadways.

These are just some examples of cases that may be considered personal injury cases in Texas. Each case is unique, and it’s essential to consult with a qualified personal injury attorney to understand your rights and options if you’ve been injured due to someone else’s actions or negligence.

What Is the Statute of Limitations in Texas?

According to the statute of limitations in Texas, Personal injury cases must be filed within two years of the accident date. It is important to note that the statute of limitations applies whether the claims result from an intentional tort or negligence.

Are There Exceptions to the Statute of Limitations in Texas?

There are some exceptions to these limitations. The first is that the statute does not apply if the injured person is under 18. In addition, the rule does not apply if the person is considered of unsound mind. Once the victim turns 18 years old, the statute of limitations becomes valid.

Another exception to the statute of limitation is when the defendant leaves the state of Texas before the lawsuit is filed. In this case, the statute of limitations will not apply until their return.

What Should I Avoid When in an Accident?

One thing that you need to avoid when you are involved in a car accident is giving out information to the other party’s insurance company. The insurance agents tend to call people immediately after the accident to determine whether they have injuries. If you say no and your injuries develop after a day or two, your statement will be used against you in a court of law.

Another thing you need to avoid is not going to the hospital immediately. In addition, if you happen to go to the hospital, make sure you do not miss any doctor’s appointments. This is because the defendant can use this against you.

Can My Insurance Company Refuse to Settle Claims?

Your insurance company is obligated to pay you in good faith. However, there are some instances where the insurance company offers an unreasonable amount, refuses to settle, or refuses to defend its clients. In some cases, the insurance company might cancel your policy altogether. If this happens, you can count on us to protect your rights.

Get in Touch with a Qualified Personal Injury Attorney

If you’re looking for a personal injury attorney that you can trust, contact our Gibbs & Crivelli, Slingshot Law Firm for a free consultation. We have years of experience handling complicated personal injury lawsuits.

When we work together, you can rest assured that our lawyers will give your case the respect it deserves. You can get in touch by dialing 800-488-7840 or through the contact form on the website.