A personal injury can be a traumatic experience and have serious consequences for your health and finances. Although you may be tempted to file a claim on your own, hiring a personal injury attorney can make a significant difference in securing the compensation you deserve.
When filing a personal injury claim in Texas, you must establish the following:
- The responsible party owed you a duty of care
- The responsible party did not provide said the duty of care
- The responsible party’s negligence caused your injury and/or property damage
- You suffered damage as a direct result of the injury
Building a strong case is vital to obtaining compensation although the task can be daunting, especially if you are recovering from an injury that may cause a temporary or permanent loss of income. Hiring a lawyer can alleviate some of the stress and ensure that you file your claim adequately to maximize your results.
Common Types of Personal Injuries
- Motor vehicle accidents including car, truck, and motorcycle accidents
- Premises liability in residential, commercial, or public areas, including slip and fall accidents
- Catastrophic injuries that can result in permanent disability and/or cause a significant reduction in your earning capabilities
- Dog bites
- Wrongful death
Negotiating with the Insurance Companies
If you do not hire a personal injury attorney, you are likely to receive an offer from an insurance company that is way below the amount of settlement you could get for your situation. They may also use any mistake you make in filing the claim to avoid awarding you anything.
Insurance companies can be extremely challenging to deal with, especially on your own. A competent attorney who fiercely advocates for your rights can reduce the risk of an insurance provider acting in bad faith. Personal injury lawyers are familiar with the tactics that insurance companies can use. Your attorney will not give in to those behaviors and continue to protect your interests.
What Types of Compensation Are Available in Texas?
You may receive compensation for one or more types of damages after a personal injury:
- Economic damages including financial losses, lost wages and medical expenses
- Non-economic damages such as emotional trauma or physical impairment
- Punitive damages in cases where the responsible party exhibited reckless behavior
In Texas, the law does not typically enforce damage caps for economic and non-economic damages, which can allow you to receive substantial compensation for your trauma.
Helping You Receive Appropriate Medical Care
If you need medical care for your personal injury, especially if it is a serious one, the prospect of costly bills can be scary. A lawyer can not only help you find competent medical providers willing to treat personal injury victims, but can also help you afford treatment and get the most out of the compensation you can receive, especially when the accident caused a severe injury.
Hiring an attorney is especially important if you are facing temporary or permanent disability. In such cases, you could not only face expensive treatment right away but also for months or years to come.
Reaching maximum compensation can help cover:
- Present and future medical procedures and treatment
- Assistive devices
- Home modifications for accessibility
- Reduced earning capacity
Complying with Statutes of Limitations and Other Legal Requirements
Statutes of limitations determine how long you have to file a personal injury claim after the date of the accident. This timeframe can vary depending on the cause of your personal injury. If you miss the deadline, you may not be able to recover any compensation. An attorney knows what statutes of limitations apply to your specific case and can help prepare your claim quickly and efficiently.
If your personal injury claim involves a government agency like in the case of a public transportation accident, the statutes of limitations are usually shorter. This type of situation makes it all the more important to hire a lawyer to meet the deadlines and submit a comprehensive claim.
Compliance with all rules applicable to insurance claims is necessary when filing your claim. Without accurate and precise adherence to those rules, the insurance company or the legal system may disregard your petition, or you may not receive the compensation you are entitled to. However, the paperwork can be complex and the process difficult to navigate, especially if you are recovering from injuries. Your personal injury lawyer can assist you at every stage of your claim and take care of most of the legal aspects of it.
When liability is unclear, especially if multiple parties are involved, demonstrating who is at fault can be particularly difficult. Your lawyer can conduct their own investigation and collaborate with professional experts, including medical ones, to get a clear picture of the events that resulted in your personal injury. They can also speak with any witnesses present at the time of an accident to shed additional light on what happened.
Even in a case in which liability is clear, Texas law may assign some fault to all parties involved because it is a comparative negligence state. The negotiations your lawyer has been handling with the insurance company can help minimize any fault attribution to you. Personal injury law is often complicated and an attorney with a successful track record can help you get the compensation you deserve no matter the severity of your trauma.
Representing You in Court
If your lawyer cannot resolve your claim outside of court, they can represent you if your case goes to trial. Their deep understanding of the law and the judicial system play a central role in demonstrating the validity of your claim to a judge. Your attorney can build a strong case for you with effective witnesses, including professional experts, and supporting documentation such as medical reports.
Hire Flynn, Francis & Ryan, LLP, to Get the Compensation You Deserve
Our team understands how difficult a personal injury can be and we are committed to helping you receive maximum compensation for the trauma you or your loved ones have gone through. A key thing to know about hiring us as your personal injury lawyer is that you do not need to spend any money upfront. We only get paid if we win your case. This way, you can focus on your recovery while we advocate for your rights and future with the insurance companies and the court if necessary.
We will carefully review your situation and determine which course of action fits your needs and goals. Our firm usually recommends that you reach out to us as soon as possible after your personal injury so we can help you get the medical care you need right away and make sure we file your claim within the statutes of limitation.
Have you recently suffered from a personal injury in the Dallas and Fort Worth area? Call Flynn, Francis & Ryan, LLP, today at (817) 329-3000 or use our online form to schedule a consultation!