Are You The Victim Of A Personal Injury?
Did you know you could experience a personal injury without realizing it? Some personal injuries are very apparent. If you’re walking across the street and are struck by a car, you know you’ve had a personal injury.
However, you can be the victim of other types of personal injuries that are not so apparent. For example, you can be the victim of a psychological injury or could be injured by a defective product. Another type of personal injury is when your doctor or other healthcare provider makes a medical mistake. This is why if you’ve suffered any kind of injury, your first step should be to talk with an Austin injury lawyer.
Definition of a personal injury
As you might guess, the most common type of personal injury is one caused by an auto or road traffic accident. But you can suffer a personal injury due to an accident at work, a tripping accident, slip and fall, an assault, an accident in the home, what are called product defect accidents and, believe it or not, holiday accidents. For that matter, the term, “personal injury,” can also involve a dental accident or an industrial disease. You may have seen television ads related to the disease mesothelioma, which is a clear-cut case of a personal injury. Emphysema, silicosis, bronchitis, chronic obstructive pulmonary disease and even asthma can be personal injury cases.
Do you deserve compensation?
The problem with a personal injury is that just because you’ve suffered one–or believe you have suffered one–doesn’t mean you will be compensated. For you to be paid for a personal injury, it must be established that some other party was negligent. If this is the case, then you will be entitled to monetary compensation from that party.
As an example, let’s assume that you had dental work that caused you to suffer a great deal of pain. The fact that you experienced that pain alone is not enough for you to win monetary compensation. You must be able to prove that the pain was caused by negligence on the part of your dentist and not because you did something wrong. As you might imagine, this can sometimes be very difficult to prove.
What is a Texas injury lawyer?
An injury lawyer or plaintiff’s attorney must have passed the Texas bar examination and have a law degree from an accredited law school. He or she will have a responsibility to interview you, evaluate your case, identify the legal matter and research extensively every possible issue involved in it. Your Austin injury lawyer’s primary responsibility is to help you obtain justice and compensation for your losses.
Why it’s important to talk with an Austin injury lawyer
If you feel that you have suffered a personal injury and deserve compensation, you need to talk with an Austin injury lawyer. He or she will be experienced in personal injury law and can help you understand whether or not you’re owed monetary damages. And don’t worry about paying your attorney. Most injury lawyers work on what’s called a contingency fee basis. This means they receive their compensation not from you but as a percentage of whatever settlement they negotiate for you.
Contingency fees tend to vary depending on whether or not your injury lawyer has to try your case in court. Most lawyers will take a smaller percentage if they can win you a settlement without having to file suit. However, the percentage usually goes up if he or she has to file a suit and then again if the case goes to trial. For example, the attorney may take 20% if he or she can settle the claim successfully with another insurance company, 25% if he or she has to file suit and 30% if the case goes to court.
Who was at fault?
Another reason to get an Austin injury lawyer is because he or she will know what experts can be brought in to help prove the other party was at fault – that is, his or her negligence caused your personal injury. Again, given the example of the bad dentistry, your injury lawyer would be able to hire experts on dentistry to testify on your behalf.
Automobile accidents can be very complex. However, an injury attorney can bring in experts who specialize in re-creating accidents to prove that the other party was at fault. If necessary, or or she can also hire other experts to testify for you as well as doctors who will attest to the severity of your injuries.
To make matters even more complicated, Texas recognizes what is called “degree of fault.” This means that you could have caused a percentage of the accident and would, therefore, collect only a percentage of the “total” award. In other words, if you are found to be 20% responsible for the accident, you would be entitled to only 80% of what the court thinks would be the total amount of damages if the other driver had been 100% at fault.
Suppose you developed an illness such as emphysema because of your work. This can also be very complicated and require the use of expert witnesses to prove that it was your working conditions that caused your disease.
How much can you expect to be compensated?
Your lawyer can also help you understand how much you can expect to be compensated for your personal injury. This will depend on some very specific factors such as your lost wages and your medical expenses–including the cost of emergency room treatment, chiropractic care, doctor visits and the like. Your Austin injury lawyer can also help you recover future medical expenses such as continuing medical care or occupational therapy. You can also expect to be compensated for out-of-pocket expenses such as a wheelchair, a walker, crutches or braces.
You can also expect to get monetary compensation for what is called “conscious pain and suffering.” While it is very difficult to put a dollar amount on pain, courts do recognize that you have suffered as a result of your injury and should be compensated accordingly.
As you can now see, there are a number of reasons to talk with an Austin injury lawyer if you believe you have been injured and another party is responsible. These cases can be very complicated and complex and you definitely need professional help to get the compensation you deserve.