Austin Personal Injury Lawyer
Call (512) 359-3743 to Let Us Help You Recover Your Entitled Compensation
Suffering an injury in an accident can be a traumatic and emotionally overwhelming experience. Not only must you deal with medical bills, lost wages, as well as pain and suffering from the injury, but the at-fault party and their insurance company may also be reluctant to cover your expenses. Fortunately, by hiring an experienced personal injury lawyer to handle your case, you don’t have to deal with these issues alone.
At Smith & Vinson Law Firm, we can protect your rights and best interests throughout the entire legal process to help you obtain the financial compensation and justice you deserve. Our Austin personal injury attorney can investigate your accident, gather evidence, negotiate with insurance adjusters, and maximize your entitled compensation to help you make the best possible recovery from injury.
Our firm handles the following types of personal injury cases:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Premises liability
- Product liability
- Dog bites
- Medical malpractice
- Birth injury
- Workplace accidents
- Wrongful death
Call (512) 359-3743 to schedule a free consultation.
Ready to Fight for You Today
When you schedule a free consultation with our firm, our legal team will review your case and determine all available legal options to determine the best ways to recover your entitled compensation. Do not hesitate to let us guide you through the complexities of the legal process while you recover from your injury.
Contact us today for more information about our legal services.
Texas Personal Injury Laws
The statute of limitations for personal injury lawsuits in Texas gives injured individuals two years from the date of the accident to file a claim in civil court. However, if an injury involves holding a government entity or employee liable, a claim must be filed within six months of the accident.
Since most personal injury cases are based on negligence, the plaintiff must establish the following four elements by proof by the preponderance of the evidence:
- The defendant owed the plaintiff a duty of care to conduct themselves in a reasonable and safe manner.
- The defendant breached this duty due to negligence, recklessness, careless, or otherwise failing to do what a reasonable person would do under the circumstances.
- The breach resulted in the plaintiff’s injuries, also known as causation.
- The plaintiff suffered damages as a result of accident and injury.
In some cases, the plaintiff may share some fault for an accident and injury. When it comes to shared-fault cases, Texas adheres to a “modified comparative negligence” rule, which means the amount of compensation a plaintiff will receive is reduced by an amount that is equal to his/her percentage of liability. If a plaintiff is more than 50 percent at fault, he/she cannot collect anything from the liable parties.
Available Damages in Personal Injury Lawsuits
There are three types of damages available to personal injury victims: economic, noneconomic, and punitive damages.
Economic damages represent the tangible losses that the plaintiff has incurred from the accident and injury. Common examples of economic damages include medical expenses, lost income, and property damages.
Noneconomic damages represent the intangible losses the plaintiff suffered and are not directly connected to certain economic loss, which is why these types of damages are harder to prove. Common examples include pain and suffering, emotional distress, loss of enjoyment in life, loss of consortium, disfigurement, and scarring.
Lastly, punitive damages are meant to punish a defendant for grossly negligent or reckless conduct. In addition, it is also intended to deter similar conduct in the future.
Keep in mind, there are caps on damages in medical malpractice cases in Texas. For example, noneconomic damages are limited to $500,000 overall and $250,000 per defendant.