Austin Birth Injury Lawyer – Injuries result in much more than just physical pain and suffering. The reality is that people can suffer emotionally and psychologically. In addition, injuries can lead to significant financial setbacks. At The Hill Law Firm, our team is here to help if you need an Austin personal injury attorney. We have years of experience handling complex personal injury claims throughout the state of Texas and know what it takes to stand up to aggressive insurance companies and ensure our clients receive the compensation they need.
Personal injury cases can be complex, but an injury victim’s burden will be eased by having an attorney work on their behalf. A skilled Austin personal injury attorney can gather any evidence needed to prove liability. This evidence may include:
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The attorney will also ensure that they work with trusted medical and economic experts who can help properly calculate any losses suffered by the victim and actively negotiate with the insurance companies involved.
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Most personal injury cases are based on the legal doctrine of negligence. Negligence is a failure to exercise due care that results in harm to others. To prove negligence in a personal injury claim, you or your attorney must provide clear and convincing evidence that the defendant is more likely than not to be at fault for your accident. Negligence consists of four elements:
Some personal injury claims do not require proof of negligence, such as strict liability claims. In the case of a strict liability claim, such as a product liability case, it is sufficient to prove that the product in question contained a defect and that it caused the alleged injury or illness; you do not need to prove that the product manufacturer was negligent to claim damages.
Texas also has an amended comparative negligence statute. Under this law, if the plaintiff is partially at fault for an accident, he or she may still receive damages. However, the monetary award will be reduced by an amount equivalent to the degree of fault. However, if you are found to be more than 50 percent at fault, you will not be entitled to any recovery at all. It is important to contact an attorney to help you if the law of comparative negligence comes up during your personal injury case.
At The Hill Law Firm, we understand that people suffer a wide variety of injuries in and around the Austin area. Whenever the careless or negligent actions of others cause harm to a person, the victim may be compensated for his or her losses. Some of the most common ways that personal injury claims arise in this area include the following:
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In addition to these personal injury cases, our team also assists the family members and estates of those who have lost their lives due to the negligent actions of another person, organization or business. Our compassionate personal injury attorneys in Austin and San Antonio can meet with you and answer any questions you may have if you have lost a loved one while we formulate the best steps to resolve your situation.
The reality is that different types of injuries can arise in the personal injury claims we help clients with. We regularly provide care to persons with relatively minor, moderate and severe injuries. This includes, but is not limited to, the following:
In addition to these traumatic injuries, our clients regularly come to us after suffering emotional and psychological trauma caused by the actions of another person. It is not uncommon for people to suffer from anxiety, fear, stress and even post-traumatic stress disorder (PTSD) after an accident and subsequent trauma. Our goal is to ensure clients receive full compensation for their losses, including these invisible injuries.
Various types of compensation may be available to those who have been harmed by the actions of others. Our team works diligently to obtain both economic and non-economic compensation on behalf of each client:
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The total amount of compensation a person receives in these situations will vary depending on the facts surrounding each injury that occurs in Austin. The severity of the injury is likely to have a significant impact on total medical costs and non-economic damages. Additionally, other factors that can affect the total payout amount include a person’s ability to work while recovering, property damage losses, insurance company limitations, and more.
Under the Texas statute of limitations, you must file a personal injury claim within two years after the cause of action accrues. Texas Code of Civil Practice and Remedies Section 16.003 states that, with certain exceptions, a person must file a personal injury claim no later than two years from the date of the incident or discovery of the injury. When the victim dies as a result of the injuries, the cause of action accrues on the date of death, not the date of the accident.
If you don’t file your claim within two years in Austin, the court will likely refuse to hear the case. However, there are some exceptions to the rules. One of them is if the victim is a minor under 18 years of age. In this case, the victim has two years from their 18th birthday to make a claim. Another exception is when the defendant faces criminal charges for the same incident, such as a personal injury claim related to an assault. In this case, the plaintiff usually has two years from the end of the criminal trial to file a civil suit.
Please note: If the defendant in your personal injury case is a government agency (for example, a traffic accident involving a law enforcement vehicle or a slip and fall accident on public property), your time limit to file a claim is less than two years . Texas municipalities have the right to enact their own statutes of limitations for claims against the government. In the city of Austin, a victim has only 45 days to send a letter to the city’s law department asking to file a claim.
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The statute of limitations is a strict law that does not have many exceptions. Courts require timely filing of documents to ensure that the justice system remains fair to both parties. Otherwise, the plaintiff will have unlimited time to file suit, which will unfairly result in the threat of legal action against the defendant continuing indefinitely. Talk to an attorney about a potential Texas personal injury claim as soon as possible to avoid missing the filing window and preserve valuable evidence before it’s too late.
To file a personal injury claim in Austin, you will use the Travis County Civil Courts located at the Heman Marion St. Travis County Courthouse. In Austin, you have to file a lawsuit if the defendant lives or works here. An attorney can help you obtain and complete the necessary forms to begin your claim and file them in the Travis County civil courts within the required time frame. Here is some basic information about this courthouse:
Please note that most offices now accept civil filings electronically (e-filing). If your claim is worth less than $20,000, you will file it in Small Claims Court, called Travis County Equity Court. If you need the Travis County Law Library or the Reference Center, they are located in the Ned Granger Building (314 West 11th Street, Suite 140, Austin, TX 78791). An attorney can help you not only file a claim in Austin, but also help you fully understand your legal options, such as filing a workers’ compensation claim or a wrongful death claim.
No. A recorded statement is a tactic insurance companies often use to reduce the amount of a claim or deny payment. The insurance company hopes to record a statement before you fully understand the facts and details of the accident. This gives the insurer a better chance that you will say something that could damage your claim, such as that you are fine, were not injured, or could not have caused the accident. Even if you don’t say anything bad, the claims adjuster can twist your words and use them against you. If you are asked to provide a written statement, politely decline and tell the insurer that you will provide a written statement later.
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The answer to this question depends on your case, but most personal injury claims in Austin do not go to trial. Most injury claims can be resolved through negotiations before trial, such as mediation or arbitration, and result in the payment of insurance benefits. Since both parties involved can benefit from avoiding legal costs and stress, the most common solution is a settlement agreement. If you have to file a lawsuit, settlement negotiations may continue until the first day of trial. An attorney can help you determine the likelihood that your case will go to trial.
Hiring a lawyer after an injury may seem impossible, but not at The Hill Law Firm. Our team handles personal injury claims in Austin on a contingency fee basis. This
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