Lewisville Personal Injury Lawyers
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If you have been injured as a result of someone else’s intentional actions or negligence, you may have the opportunity to pursue compensation for your losses. This article will discuss important details about personal injury law, including what personal injury law is, common personal injury cases, and how to file a personal injury claim.
If you would like to learn more about your rights following an accident, or to learn more about filing a claim, call Zinda Law Group at (800) 863-5312 to receive a free case evaluation with one of our Lewisville personal injury lawyers.
WHAT IS PERSONAL INJURY?
Personal injury is an area of law involving disputes that arise when one person suffers harm, often in the form of physical injury, which can be attributed to another party. In personal injury cases, the party that caused the harm may be held legally responsible for the victim’s injuries. As a result, the responsible party or the party’s insurance company faces the possibility of having to pay money, otherwise known as “damages,” to the injured person for a variety of costs and expenses.
A personal injury case is typically initiated through a personal injury lawyer who agrees to represent the victim in a civil court proceeding. If a lawsuit is pursued, the case may end in a settlement agreement between the parties, or the case may progress through to trial. At trial, the victim needs to show that the other party was at fault to be entitled to damages. The settlement process often involves negotiations between those personally involved in the dispute, their insurers, and attorneys representing both sides.
PERSONAL INJURY CASES WE HANDLE
Personal injury cases come in several forms. Some of the most common personal injury cases Zinda Law Group handles include:
- Car accidents
- Motorcycle accidents
- Trucking accidents
- Workplace injury
- Slip and falls
- Medical malpractice
- Dog bites
- Product liability
- Wrongful death
- And more
WHAT TO DO AFTER AN ACCIDENT
1. Seek Medical Attention
The first thing to do following any type of injury is to seek professional medical attention. Even in cases where the injury was minor, it may nevertheless be a wise choice to seek medical attention. This is because some injuries may take days or weeks to manifest. Thus, seeking prompt medical treatment may increase your chances of expediting your recovery.
2. Report the Accident
The next step you should take is to file a report. For instance, if you were injured in a car accident, you should file an accident report with local law enforcement. If you were injured in a slip and fall accident at a store, you should file an accident report with a manager or supervisor. Filing a report will create an official record of the incident which may be helpful in building your case. When creating the report, be sure to include as many details as possible, including where the incident occurred, how it occurred, and what injuries you sustained.
3. Document the Accident
Documenting all relevant evidence relating to the accident may be the most important step of this process. Documenting the evidence means keeping an organized personal file of every piece of important information relating to the accident. Such information may include photographs of your injuries, photographs of the area where the accident occurred, a copy of the accident report, and copies of all medical records relating to the accident. This evidence may help build the strength of your case.
4. Contact a Personal Injury Attorney
Finally, you should consider discussing your case with a personal injury attorney. A personal injury attorney may be able to provide legal advice concerning your situation. An attorney may be able to gather helpful evidence as well as help you deal with insurance companies.
Learn More: Why Hiring a Lawyer Will Help Your Case
FILING A PERSONAL INJURY CLAIM
Not every accident leads to significant injury. Some accidents may lead to nothing more than a brief scare or temporary embarrassment. On the other hand, some accidents can result in significant disability. If you have been injured as a result of someone else’s negligence or reckless conduct, and are interested in pursuing compensation, you may need to file a lawsuit against the person or entity who you believe caused your injuries. Listed below are several important components that comprise the claim filing process.
1. Contact an Attorney
If you are interested in filing a personal injury claim, the first step you should take is to contact a personal injury attorney. A personal injury attorney may wish to speak with you in person or over the phone to gather the facts of your case. After collecting the facts, a personal injury attorney may be able to provide legal advice. Should you decide to file a lawsuit, the attorney may work on your behalf by beginning the formal process of filing a complaint against the at-fault party.
Another critical phase of the personal injury claim filing process is the investigation phase. In personal injury cases, the investigation phase may involve your attorney working hard to collect important evidence that may be used to establish that the alleged at-fault party should be held legally responsible for your injuries. To collect this evidence, your attorney may interview witnesses, review company records, review surveillance footage, and account for each of your damages, such as medical bills and lost wages.
3. Settlement and Trial
At some point, it may be necessary to litigate your personal injury claim in a court of law. Prior to litigation, however, you may have the option of reaching a settlement with the at-fault party or the party’s insurance company. During the settlement phase, your attorney may represent your best interests by negotiating on your behalf. If it is not in your best interests to accept a settlement offer, your case may proceed to trial. At trial, your attorney may work hard to convince a judge or jury that the at-fault party should be held responsible for your injuries.
“Damages” is the legal term used to refer to the monetary compensation that may be awarded to a victim of a personal injury case. The damages that may be awarded to a personal injury victim can be separated into two broad categories: economic damages and non-economic damages.
Economic damages are damages that can be quantified or calculated. The primary forms of economic damages involved in most personal injury cases may include:
- Medical bills
- Pharmacy bills
- Rehabilitation costs
- Lost income (present and future)
- Loss of earning capacity
- Property damage
Non-economic damages refer to intangible losses that cannot be calculated on paper. Rather, non-economic damages are subjectively evaluated by the jury in a lawsuit. Types of non-economic damages in a personal injury case may include:
- Pain and suffering
- Emotional distress
- Loss of consortium
LEGAL TIME LIMITS
A “statute of limitations” is a legal time-limit on which a person must initiate a lawsuit. If a victim of a personal injury accident fails to bring a claim within the statute of limitations, that party is effectively barred from litigating the claim in court.
In Texas, there is a two-year statute of limitations for personal injury claims. This means that a party that is injured in a personal injury case must file a lawsuit within two years of the date of the accident. For instance, if you were injured in a slip and fall on May 1, 2020, you must file a claim before May 1, 2022.
In certain situations, the two-year statute of limitations may be paused or “tolled”. Tolling has the effect of giving you more time to initiate a lawsuit. In cases of minor children, the statute of limitations is extended until the child reaches the age of majority or until the child is legally emancipated. The child then has two years from that date to file a lawsuit. However, it is important to remember that tolling a statute of limitations is an exception, not the norm.
Discussing the facts and details of your case with an attorney can help you grasp a better understanding of the statute of limitations, thereby ensuring that your claim is filed in a timely fashion.
ZINDA’S LEWISVILLE ATTORNEYS MAY PROTECT YOUR RIGHTS
At Zinda Law Group, our Lewisville attorneys have decades of experience handling all types of personal injury cases. We have the resources necessary to help build the strongest claim following an accident.
Our firm also believes that an injury victim should never have to worry about being able to afford excellent legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That's our No Fee Guarantee.
If you would like to discuss the details of your case with an experienced Lewisville injury lawyer, or if you would like to learn more about what options are available to you after being injured in an accident, call Zinda Law Group at (800) 863-5312 to receive your free case evaluation.
Meetings with attorneys are by appointment only.