Tag Archives: Personal injury lawyer

Why hire an Austin personal injury attorney?

Many people are hesitant to hire an attorney when they are in need of legal advice or help. They are intimidated by the high hourly rates, horror stories that friends or family may have shared, or the depictions that they see on television. The underlying issue is a fear that they will be worse off both physically and financially—and this trepidation transcends ethnicity, gender, color and age.

The simple truth is that personal injury attorneys are paid as part of the settlement of a personal injury case such as a car, truck, 18 wheeler, or motorcycle wreck. In essence, the attorney works on a contingency fee basis. Contingency meaning that the personal injury attorney is paid only if the client wins or settles.

If your claim results in a settlement or you receive a favorable judgment then the attorney’s fee is usually 1/3rd of your damages or settlement. This is a risk free investment—no settlement, no pay. They work for you for free until they win. It is basically a risk free proposition for you.

Why hire an Austin personal injury attorney?

It costs you nothing

It is prudent to hire an attorney who is skilled and knowledgeable in dealing with the insurance companies and working on personal injury cases. Because the law is complex and changes regularly, you should give careful consideration to your choice of attorney. This is even more so in the area of Personal Injury Law.

Personal injury lawyers usually cover all the costs

In most cases, the personal injury firm covers all the costs that are incurred with your case. These costs are substantial. There are filing fees, expert witness fees (not necessary in every case), investigative costs, and administrative costs.

The personal injury lawyer does all the work

Personal injury lawyers are versed in procedure law and understand the terrain when it comes to successful adjudication of claims. Therefore, clients can rely on them for guidance on the best strategies that will lead to a successful claim. The personal injury attorney is able to bring resources to bear on your behalf.

The personal injury attorney will advise and guide

Your Austin and Travis county personal injury attorney is vested in your claim. He is able to give good counsel and guidance through the various procedures that precede a case.

Why would an attorney do all this work without payment upfront?

A personal injury lawyer is able to assess your claim to see if it has merit and therefore can be successfully adjudicated. If an attorney agrees to pursue a claim on your behalf you can be reasonably assured that the case has some merit. If a judgment is rendered in your favor or there is a settlement, the lawyer receives one third of the final judgment or settlement.

With this said. There is no reason why you shouldn’t hire a personal injury attorney to represent your interest in a court of law. You can afford to hire an Austin personal injury attorney. You can’t afford not to.

Car Accidents Happen Even On Vacation

You’re excited and looking forward to going on your family vacation. The preparations have been made. The dog will be at a kennel. A friend will watch your cat. And your fish have been provided for with 7-day fish food.

You double-check your reservations for the airline, rent a car, and hotel. You cross off each item from your checklist. You are ready to go.

You get to your destination and you love it. You are enjoying the scenery with your family when a wild driver cuts you off—causing you to end up in a ditch. The driver caused your car to crash into a pole.

“I was just in a car accident and it’s not my fault!”

A few feet ahead of your car, the driver gets out of his car yelling and cursing. Your children car accident Austinare scared. Your wife looks worried. You are unsure as to what you should do.

How do you deal with road rage? How do you take control of an explosive situation?

Stay calm

The first thing to do is to stay calm. Check and make sure everyone in your vehicle is all right.

Gather information

Try to copy down the license plate of the driver—note the make and model of the vehicle too.

Call the police

Don’t try to engage an irate driver. Call the police tell them what is going on with full detail. If you are frightened for your safety or life let the operator know. Give them the license plate numbers as well.

How to handle road rage

If the driver approaches your car in a hostile or an aggressive manor, do not get out of the car.

  • Avoid eye contact
  • Don’t engage in the fight
  • Adjust your attitude
  • Forget about trying win.

The driver may eventually calm down since you’re not fueling his anger. Try to stay on the phone with the police operator—letting them know everything that is transpiring. Give a description of the driver as well and write it down in a note pad.

Handling the accident

  • Call for medical help
  • Notify your insurance carrier as soon as you can
  • Take pictures of your vehicle from all angles
  • Take a picture of the other vehicle if possible
  • Get the drivers information if he has calmed down
  • Don’t cast blame
  • Don’t make any agreements or accept any cash payments
  • Write down how, when, and what you were doing when the accident took place
  • Call an Austin personal injury lawyer to get legal advice as soon as you can

Accidents do happen even on vacation. And with road rage on the rise accidents could increase. Be prepared so that you can minimize the fallout from an auto wreck.

Austin Personal Injury Lawyer

You’ve probably heard more than a few lawyer jokes as well as the Shakespearean quote, “First, let’s kill all the lawyers.” But laugh as you might at some of these jokes, the first person you probably call if you have an accident or develop a work-related illness is an Austin personal injury lawyer.

Accidents can be complicated and an Austin Personal Injury Lawyer can help

There are many ways that you can be injured and eligible to collect monetary damages from another person or corporation. But these cases can be very complicated. Here’s an example. Let’s suppose you were working with a power saw when you accidentally cut off two of your fingers.

Did this happen because there was a defect in the saw or because you made a mistake?Austin personal injury lawyer can help the injured

Auto accidents can be even more complicated. There is not only the issue of who was negligent but here in Texas, the law recognizes what is called “degree of fault.” This means that even though the other driver might have been mostly responsible for the accident, some of the fault could have been yours. And if this were true, it would have a negative effect on the compensation you could expect to receive.

Why a personal injury lawyer?

A personal injury lawyer will sit down with you and help you understand your case–that is, who or what was at fault, the amount of compensation to which you may be entitled and how your case will be handled.

The law can be very confusing. For example, suppose that you were rear ended by a drunk driver. You file a claim only to discover that the other driver had no insurance. This means you won’t be able to collect much money from him or her. However, the law holds that you may be able to collect from the bar or restaurant who served the driver too many drinks. Again, an Austin personal injury lawyer would be able to help you understand this and how to successfully pursue a claim against that bar or restaurant.

 What you can expect an Austin personal injury lawyer to do

Your personal injury lawyer will first sit down and discuss your claim with you in general. He will want to know the details about your accident such as exactly what happened, what were your medical and out-of-pocket expenses, how much time did you lose from your job and so forth. If your personal injury attorney agrees that you do have a legitimate claim, he will then discuss this with the other party’s insurance company or attorney and attempt to negotiate a fair settlement.

If no fair settlement can be reached, your attorney will file suit against the other party and then, if necessary, will try the case in court.

How an Austin personal injury lawyer is compensated

Another important reason to discuss any injury you suffer with a personal injury lawyer is because it really costs you nothing. These lawyers generally work on what’s called a contingency fee. This means they get their compensation as a percentage of whatever settlement they can obtain for you. This is often a sliding scale and will depend on how much work the attorney has to do. In other words, if all he has to do is negotiate a quick settlement with the other party; you will probably pay only about 1/3rd of the money that he got for you.

In short, if you are injured or become sick as the result of someone else’s negligence, you have nothing to lose by hiring an Austin personal injury lawyer and much to gain.

Austin Auto Accident Lawyer

Let’s suppose you’re driving on an icy stretch of Interstate 35 when you’re involved in a 12- car pileup. You were the number six car, meaning that you were both front– and rear–ended. But who was at fault? The driver in front of you did not cause the accident nor did the driver who rear-ended you. But someone was obviously negligent. Your car was severely damaged and you were injured. So, who is going to pay to have your car fixed and reimburse you for your medical expenses?

As you can see from this example, auto accidents can be very complicated, which is why you need an Austin auto accident lawyer.

What your Austin injury lawyer will do

An Austin auto accident lawyer will not only help determine who was at fault–or negligent–in your accident but will go to work to get you all the monetary compensation you deserve. Whoever did cause your accident will most likely have an insurance company and you don’t want to go up against it – with all its experience and attorneys – without the help of an auto accident lawyer.

Proving who was at faultAustin auto accident lawyer can help get you justice

Fault is probably the most critical element in any auto accident injury claim. That is, the person whose negligence caused the accident–or who was at fault–must pay the damages that his or her action caused.

In the past, the law held that if you had an accident and were the slightest bit at fault, you couldn’t recover anything as a result of your injuries or losses. However, in many states such as Texas, the law now recognizes what is called “degree of fault.” This means that even if you were partially at fault, you can still recover damages for your injuries.

Were you partially to blame?

If you were partially responsible for the accident, the insurance company’s claims adjuster will have the responsibility for determining the relative degree of fault. There is no mathematical formula for determining who was responsible at what percentage. The claims adjuster will attempt to negotiate a settlement based on what he or she feels was your degree of fault. If you are not satisfied with the settlement you are offered, you definitely will need an auto accident attorney.

What an Austin auto accident lawyer can do for you

Your auto accident lawyer will first attempt to negotiate a fairer settlement for you – that is, get you more money. Failing this, he or she will file suit in your behalf and then, if necessary, try the case in court.  In any event, he or she will work to get you the best possible settlement depending on the amount of damage to your car, your personal injuries and whether or not your actions contributed to the accident.

What this will cost

Almost all auto accident lawyers work on what’s called a contingency basis. This means hiring a lawyer costs you nothing unless they can get a settlement for you. He will then take a percentage of the settlement – usually one third of your settlement. Auto accident cases can become very costly because your attorney may need to hire expensive experts to testify in your behalf. But, again, this costs you nothing because your Austin auto accident lawyer will pay the upfront costs and then get reimbursed by taking a percentage of your settlement when they win your case.

Can You Afford To Hire An Austin Personal Injury Attorney?

If you’ve been injured in an automobile accident or by a slip and fall in a supermarket or by the negligence of a doctor or dentist or for any other reason, the question isn’t can you afford to hire an Austin personal injury attorney. The real question is can you afford to not hire an Austin personal injury attorney?

Why you need an Austin personal injury attorney

The law is never simple. It can be very complex and very confusing. You can go to three three different Internet sites looking for information about your injury and find three different answers. Even attorneys will often not agree on what a particular law means. In fact, that is why we have judges–to determine what laws really mean.Austin personal injury attorney can get you justice

In many cases, it’s difficult to determine something as simple as who was negligent and how he or she was negligent. You may feel that your doctor gave you a bad injection, but what is the law that governs this and how do you prove that the doctor was negligent? Maybe the doctor acted in good faith but there was something wrong with the drug.

No matter what kind of injury you sustain, an insurance company will most likely defend the person or company who you believe caused your injury. Insurance adjusters and attorneys are very skilled at getting you to agree to settle for the smallest amount of money. If you want to get a fair settlement, given your accident and the severity of injuries, you need the experience and skills of a personal injury attorney.

Why you can afford a personal injury attorney

Personal injury attorneys almost always work on what’s called a contingency fee basis. This means that they do not charge you directly for their services. Instead, they take a percentage of whatever settlement they can negotiate on your behalf. This fee is usually based on the amount of work the lawyer must do to win you that fair settlement. It typically goes from 20% to 40%. The highest percentage, or the 40%, is if the case must be tried in a court of law. This is considered to be fair because your personal injury attorney will most likely have higher out-of-pocket expenses if she or he has to try the case. For example, your attorney may have to hire expert witnesses to testify about negligence or about the severity of your injuries.

In other words, a injury attorney doesn’t really cost you anything out-of-pocket. In fact, the attorney has a powerful incentive to get you the maximum amount of money because the bigger the settlement, the more money he or she will earn. But at the beginning they work for free on your case until they win for you.

What to expect when you hire a personal injury attorney

Your attorney will first try to negotiate a fair settlement for you with the insurance company. Naturally, the insurance company will try to buy off your claim for as few dollars as possible. Your attorney will evaluate your case based on her or his experience with claims such as yours, and factors such as the severity of the injury you sustained and your out-of-pocket and medical expenses. He or she may make a counter offer. In some cases, the insurance company will decide to accept the counter offer and your case will be settled.

If a settlement cannot be reached

However, in many cases, there is such a big a disparity between what the insurance company wants to pay and what your attorney feels would be a fair, the case just cannot be settled. If so, your personal injury lawyer would then have to file suit in your behalf. This alone may be enough to force the insurance company to come forward with a better settlement offer. If not, the case will have to be tried in a court of law.

In any event, your Austin personal injury attorney will do everything possible to win you the settlement you deserve and, best of all; it really costs you nothing to get started. You can talk to one free today

Benefits Of Hiring An Austin Injury Lawyer

You can be injured any number of different ways. While the most common personal injury are automobile accidents, you can be injured by a defective product, a fall at work, an assault, an occupational disease, a mistake made by a doctor or dentist or even suffer a psychological injury such as sexual harassment at your workplace.

When to hire an Austin injury lawyer

There are a number of times when you should hire an Austin injury lawyer. Primary among these is if you sustained a serious injury that has possible long-term consequences.

You should also hire a lawyer if you were in an auto accident and the other driver was uninsured or underinsured. Do you feel that you are being pressured by a claims adjuster to agree to a fast settlement? This is another instance where you should hire an auto injury lawyer. And, of course, if you feel you have not been offered fair compensation and the insurance company refuses to come up with a better offer, you should hire an attorney to help you get the settlement you deserve.

The three biggest benefits of hiring an Austin injury lawyer

If you’re the victim of any of the injuries listed above, there are three important benefits of hiring an injury lawyer.

Knowledge of the law

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Why hire an Austin injury lawyer?

Laws are very complicated. Each of the injuries described above is governed by a different set of laws. Unless you are a personal injury professional or a law student, it’s unlikely that you will be familiar with all of the laws associated with your injury or accident. You probably do not even know what you are legally entitled to. This means the odds are you’ll be taken advantage of by an insurance adjuster. Insurance company adjusters and attorneys are skilled and experienced at defending claims. It is just a bad idea to go against this kind of firepower without a personal injury lawyer in your corner.

Negotiating fair compensation

Since it’s unlikely that you will know all the personal injury law that pertains to your case, it’s almost impossible for you to know how much compensation you’re entitled to. The defendant’s insurance company will undoubtedly try to buy you off with the smallest amount of money. However, an Austin injury lawyer can help you win you a better settlement because of his or her experience and expertise. For that matter, it is sometimes best to hire an injury attorney before you even discuss your claim with an insurance adjuster.

Representation in court

The third important benefit to hiring an Austin injury lawyer is that if the insurance company and your lawyer cannot agree on a fair settlement, he or she can try the case in court. Most personal injury lawyers work on a contingency fee basis, meaning they take a percentage of the final settlement account. In other words, it costs you nothing out of pocket to hire a personal injury lawyer.

The law is complicated and the opposing insurance company is not on your side. As you have read, there are several benefits of hiring an Austin injury lawyer, not the least of which is that you have nothing to lose and much to gain.

Austin Injury Lawyer

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.

A Chevrolet Malibu involved in a rollover crash

Image via Wikipedia

 

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

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.