Austin Personal Injury Lawyer

Unforeseen accidents and injuries can occur, altering the course of one’s existence in an instant. Individuals often need to consider filing a personal injury claim to seek justice and compensation for the harm they’ve endured. 

At Byrd Davis Alden & Henrichson, LLP, our commitment to championing the rights of injured Texans spans over six decades, making us the oldest personal injury law firm in Austin. With our Austin, TX personal injury lawyers consistently recognized for excellence and our firm built on a foundation of communication, attention to detail, and unwavering dedication, we bring a wealth of experience to guide you through the intricacies of personal injury law.

For over 60 years, our law firm have been multi-million dollar advocates for those seeking maximum compensation in the aftermath of injury cases. We’ve garnered a top-tier reputation by combining decades of experience with a commitment to our clients’ well-being. 

When you need a dedicated and seasoned injury lawyer by your side to navigate the complexities of a personal injury case, contact Byrd Davis Alden & Henrichson, LLP. Let our legacy of success and unwavering dedication be your guiding force on the path to recovery and maximum compensation.

Why You Need an Experienced Austin Personal Injury Attorney

Suffering a serious accident can be a life-altering experience, and navigating the legal complexities that follow can be overwhelming without the right guidance. Let’s explore the crucial reasons why having an experienced attorney by your side is essential.

An experienced attorney brings a wealth of legal knowledge to the table, navigating the intricacies of personal injury law with precision. We understand the nuances of the legal system, ensuring that your case is built on a solid foundation. From gathering crucial evidence to settlement negotiations with insurance companies and presenting a compelling case in court, our expertise is invaluable in securing the compensation you deserve.

Moreover, an experienced personal injury attorney is well-versed in dealing with the tactics employed by insurance companies to minimize payouts. We act as staunch advocates for your rights, ensuring that you are not taken advantage of during negotiations. 

With our guidance, you can focus on your recovery, knowing that a dedicated legal professional is fighting for your best interests. In Austin, when faced with the aftermath of serious injuries, entrusting your case to an experienced attorney is not just a choice—it’s a crucial step towards recovering damages and securing your future well-being.

When Do You Need a Personal Injury Lawyer in Austin, TX?

Here are some examples of when you will need assistance from a lawyer in dealing with personal injury cases.

After a Medical Evaluation

When you have suffered from an injury, it is advised that you see a medical professional right away. When you do this, you will not only get the necessary medication, but you will also have proof of the incident. Once you have been evaluated and the medical professional has issued a certificate or report about your health, it is best that you communicate with our lawyers in Austin, TX so you can determine if you will push through the case or not.

Victim of a Preventable Accident

There are times when a victim fails to understand or realize that the injury he is suffering from is somebody else’s fault. Oftentimes, it will take them months, weeks, or days before they finally do. Evaluate your case as soon as you feel a bit better and gauge if you have the right to file a legal complaint.

When the Other Party Insists That You Put the Incident Behind

Once you have finally realized that there is a case worth pursuing, the other party will surely fight back. This is why they would try to convince you that the accident was not their fault. If they fail to do this, they will threaten you or bribe you. Once you feel threatened, it is best that you call our injury lawyer so that we can help you out.

When the Accident Will Cause Permanent Damage

No matter how minor an accident is, there are times when its effect will last for a very long time. Just take a look at simple falls and slips. The damage that it can create will surely bring pain and agony for many years to come. When the accident will lead to surgeries or disfigurements, it is best that you talk with an experienced personal injury attorney.

What Makes a Personal Injury Case?

Understanding the components that constitute a personal injury case is essential for anyone navigating the legal process after an incident. The components of personal injury include:

Duty

The duty is a relationship between the plaintiff and the defendant that is recognized by law, and this relationship obligates the defendant to behave in a certain way toward the plaintiff.

As an example, a construction worker is loading bags of cement on a truck and then accidentally hits a child while doing so. Building a negligence case requires that there is a neglect of duty from the worker to the child — that he failed to exercise reasonable attention and care that could have prevented the situation. 

If the worker was doing his job in a public area where there are people passing by, then he does owe a duty to the child (and everyone else around him). However, if it was found that the situation happened in a restricted area and the child was trespassing on the property, then it is possible that the court would deem the worker having no duty as the child was not supposed to be there in the first place, and it was possible that the worker was not aware that the child was present.

Breach of Duty

If the defendant is found to have breached the duty he owes to the plaintiff, then it is also grounds for a negligence case. A breach occurs when the duty is done without reasonable care.

Following from the example above, a breach of duty means that the worker knew he had a responsibility but did not do so. He was working in a public area yet did not exercise reasonable care to prevent hitting and injuring others.

Cause in Fact

If it can be proven that it was the defendant’s breach of duty that caused the injury, then it also makes up a negligence case. If the defendant had exercised reasonable care, then the injury would not have occurred.

If the child can prove that if it wasn’t for the worker loading the bags of cement hitting him, he wouldn’t have been injured, then this all the more strengthens his personal injury case.

Proximate Cause

The proximate cause is all about the complete scope of the defendant’s responsibilities in a personal injury case. A defendant could be held responsible for proximate cause if something happens to the plaintiff that the defendant knew would happen as a result of being negligent.

Damages

The plaintiff must be able to prove a harm or injury that is legally recognized to back his or her personal injury case. It can be damage to property, physical injury, or any other damages done to the plaintiff as a result of the incident. It is not enough to just prove that there was negligence on the part of the defendant, but that same negligence caused damages to the plaintiff.

Contact an Austin Personal Injury Attorney Today

Suffering serious injuries as a result of someone else’s negligence can disrupt lives unexpectedly. At Byrd Davis Alden & Henrichson, LLP, we recognize that injuries demand more than physical recovery; they often necessitate legal redress. With a legacy dating back to 1959, our seasoned team of attorneys has been steadfast in helping individuals pursue full and fair compensation for their injuries.

If you’ve been harmed due to someone else’s negligence, don’t navigate the legal complexities alone. Contact our Austin personal injury lawyers today for a compassionate and experienced legal partner to guide you through the process, ensuring your rights are protected and justice is served. Schedule a consultation today by completing our online contact form or calling (512) 270-3570.

Personal Injury FAQs

After enduring injuries and other losses as a result of a personal injury accident, it’s natural to be at a loss of where to turn. The first priority should always be to address any health concerns for your own well-being and to help build a strong claim. Common questions that arise after a personal injury accident include:

How Long Will It Take To File My Personal Injury Claim?

This is a very popular question, and the answer varies. It is difficult to generate a timetable for personal injury claims. Some claims that are not taken to trial take a few months to complete. However, some claims take years to complete. Every personal injury claim is unique. The circumstances and the parties involved are different.

What Type of Compensation Can I Receive?

The answer to this question depends largely on the details of the case. The severity of your injuries, the type of insurance you have, and the actions of both parties that lead to the incident all hold weight when determining the outcome. Possible types of compensation include:

• Medical bills
• Current pain and suffering
• Future pain and suffering
• Loss of income

The Austin personal injury attorney you hire will be able to predict the strength of your claim. They may also be able to offer a rough estimate of how much compensation you can receive. Other factors involved, independent of the incident, may influence the outcome. Factors such as your criminal record, employment history, age, and lifestyle may be considered when determining your amount of compensation.

What Is the Cost of Hiring an Austin Personal Injury Lawyer?

When selecting an attorney to represent your case, it is always in your best interest to hire someone who works on a contingency basis. This means that your representative will not receive payment for their services until your case has been won. The actual cost of personal injury lawyer fees varies from firm to firm.

When Should I File a Personal Injury Claim in Austin, TX?

The sooner you file, the better. Most states operate under a “statute of limitations.” This means that after an established period of time, you are not able to receive compensation for that particular incident. For this reason, immediately after the incident, contact an Austin personal injury lawyer. Injured victims have a short window of time to file claims, so file as soon as you can.

If the Incident Was Partially My Fault, Can I Still File?

Once again, this depends heavily on the laws of that state or jurisdiction. Most jurisdictions still allow you to file a claim if the incident was partially your fault. Very few places do not allow those partially at fault to file. Although some jurisdictions allow you to file, the compensation may be reduced if you contribute to your injuries.

What Is the Statute of Limitations in Personal Injury Cases?

The statute of limitations is the time limit placed on your right to file a lawsuit in a personal injury case in Texas. If you fail to file a lawsuit before the statute of limitations expires, you lose the right to take legal action. An experienced personal injury attorney in Austin can review your case and determine whether it qualifies for an exception that extends the time limit.

Every state sets its own time limits. In Texas, the statute of limitations in a personal injury case is two years from the date that a person’s injury occurred. If the case involves a wrongful death, the statute of limitations expires two years from the date of the death.

In some cases, you cannot discover an injury until after a significant period of time has passed. An example is mesothelioma from asbestos exposure.

If you are in that situation, the discovery rule may apply. The statute of limitations will start to run when you discover your injury or when you reasonably could have discovered it.

In medical malpractice cases, the discovery rule usually does not apply. There are some exceptions, but medical malpractice has a two-year statute of limitations like other personal injury cases.

However, if you can prove that the medical professional deliberately hid the malpractice injury, there may be an argument for applying the discovery rule.

Another way the statute of limitations can be extended in a personal injury case is if the conditions necessary for “tolling” are met.

If the injured party was a minor at the time of the injury, the time limits will be “tolled” until the child turns age 18. When the child reaches that age, the two-year statute of limitations will start to run. There is an exception to this rule for medical malpractice cases involving minors.

The same “tolling” rule applies if the injured person was not mentally competent to bring a case at the time the injury occurred. The statute of limitations can be tolled until the injured person is able to assist in the personal injury case.

You can count on the defendant in a personal injury case to raise the statute of limitations and, if possible, try to get your lawsuit dismissed. You should never assume the discovery rule or tolling will apply to your case.

For this reason, you should take action as soon as possible and get in touch with an experienced Austin personal injury lawyer. At Byrd Davis Alden & Henrichson, LLP, we can review your case immediately and help you to determine whether the statute of limitations has run and, if so, whether any exceptions apply to your case.

What Should I Do After An Accident In Texas?

After an accident in Texas, it is crucial to take specific steps to protect your health and your legal rights:

1. Seek Medical Attention: Prioritize your health by seeking immediate medical attention, even if you think your injuries are minor.
2. Report the Accident: Notify the police and file an accident report. This creates an official record of the incident.
3. Gather Evidence: Collect information at the scene, including photos, witness contact details, and the other party’s insurance information.
4. Avoid Admitting Fault: Be cautious about your statements. Do not admit fault, as this can be used against you later.
5. Notify Your Insurance Company: Report the accident to your insurer promptly.
6. Consult an Attorney: Contact a personal injury lawyer to discuss your case and explore your legal options.

Taking these steps can significantly impact the outcome of your personal injury claim.

How We Can Help You Right Now

At Byrd Davis Alden & Henrichson LLP, we understand that the aftermath of an accident can be overwhelming. Here’s how we can assist you immediately:

• Free Consultation: We offer a no-obligation consultation to discuss your case and provide initial advice.
• Case Evaluation: Our team will evaluate the details of your accident to determine the best course of action.
• Medical Referrals: We can connect you with trusted medical professionals to ensure you receive the necessary care.
• Insurance Negotiations: Our attorneys will handle communications and negotiations with insurance companies to seek a fair settlement.
• Legal Representation: If needed, we will represent you in court to fight for the compensation you deserve.

We are here to support you every step of the way, ensuring your rights are protected and that you receive the best possible outcome.

Injured in an Accident?

If you’ve been injured in an accident, it’s essential to act quickly to protect your rights. Here’s why you should contact Byrd Davis Alden & Henrichson LLP:

• Experience: Our attorneys have decades of experience in handling personal injury cases.
• Personalized Attention: We provide individualized care and focus on each client’s unique needs.
• Proven Results: Our track record of successful settlements and verdicts speaks to our commitment and capability.
• No Fees Unless We Win: We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Reach out to us today to schedule a free consultation and take the first step towards recovery and justice.

What Damages Are Available After an Austin Accident?

In a personal injury case, you may be entitled to various types of compensation, including:

• Medical Expenses: Coverage for past, current, and future medical bills related to your injury.
• Lost Wages: Compensation for income lost due to the inability to work.
• Pain and Suffering: Damages for physical pain and emotional distress caused by the accident.
• Property Damage: Reimbursement for damage to your vehicle or other property.
• Loss of Consortium: Compensation for the impact of the injury on your relationship with your spouse or family.
• Punitive Damages: In cases of extreme negligence, additional damages may be awarded to punish the responsible party.

Our attorneys will work diligently to calculate and pursue the full amount of damages you deserve.