Personal Injury

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Austin Personal Injury Lawyer

A Brief Summary of the Following Article

  • Claim Filing Timeline: Personal injury claims in Austin vary in duration; some resolve in months, and others take years. Factors like unique case circumstances and involved parties affect this timeline.
  • Compensation Types and Influences: Compensation depends on case specifics, including injury severity, insurance, and parties’ actions. Factors like criminal record, employment history, age, and lifestyle can also impact compensation amounts.
  • Cost of Legal Representation: It’s advisable to choose an Austin personal injury lawyer working on a contingency basis, meaning payment is due only upon case win. Attorney fees differ among law firms.
  • Statute of Limitations Considerations: In Texas, the personal injury lawsuit filing deadline is typically two years from the injury date. Exceptions include the discovery rule and tolling for minors or mentally incompetent individuals, but these don’t always apply, emphasizing prompt legal action.
  • Schedule a consultation today by completing our online contact form or calling (512) 454-3751.

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, Byrd Davis Alden & Henrichson, LLP, has been an advocate for those seeking justice in the aftermath of personal injuries. 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 justice.

Personal Injury FAQ

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 are different, as well as the parties involved.

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.

Why You Need an Experienced Austin Personal Injury Attorney

Suffering a personal injury can be a life-altering experience, and navigating the legal complexities that follow can be overwhelming without the right guidance. This blog explores the crucial reasons why having an experienced Austin personal injury 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. They understand the nuances of the legal system, ensuring that your case is built on a solid foundation. From gathering crucial evidence to negotiating with insurance companies and presenting a compelling case in court, their expertise is invaluable in securing the compensation you deserve.

Moreover, a seasoned personal injury attorney is well-versed in dealing with the tactics employed by insurance companies to minimize payouts. They act as staunch advocates for your rights, ensuring that you are not taken advantage of during negotiations. With their 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 a personal injury, entrusting your case to an experienced attorney is not just a choice—it’s a crucial step towards achieving justice and securing your future well-being.

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

Here are some cases where you will need assistance from a lawyer in dealing with personal injury claims.

After a Medical Evaluation

When you have suffered from an injury, it is advised that you see a medical practitioner 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 a personal injury lawyer in Austin, TX so you can determine if you will push through the case or not.

Once you have realized that you are a victim of an accident that can be easily prevented

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 an injury lawyer so that he 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 aftermath of 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 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) 454-3751.