Midland Personal Injury Lawyers
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If you have been hurt in an accident, the Midland personal injury lawyers at Zinda Law Group can help. Many injury victims have to deal with not only physical pain but also emotional and financial burdens. This can leave them overwhelmed with numerous questions:
- How will I pay my medical bills?
- Can I recover lost wages from missed work?
- Is the insurance company offering me a fair settlement?
Fortunately, you do not have to face this difficult time alone. Our Midland personal injury attorneys can provide you with insight on all your legal options and help you pursue maximum compensation for all the ways your injury cost you. We can handle all the legal aspects of your case while you focus on what is most important: your recovery. You will pay nothing unless we win your case.
What is Personal Injury?
Personal injury law is a vast area of the law that includes things like automobile accidents, slip and falls, dog bites, and much more. Generally speaking, personal injury law encompasses any situation in which one party suffers harm from an accident or injury, and another party may be legally responsible for that injury. Thus, the major inquiries in a personal injury case usually revolve around the damages suffered by the injured party, and the negligence of the person accused of causing the injuries. In addition, the party bringing the lawsuit must be able to make the connection between the negligence of the defendant and their injuries.
Common Types of Personal Injury Cases
As stated before, the field of personal injury law is extremely broad. However, a few of the more common types of cases include:
Automobile accidents are extremely common in the field of personal injury law. However, this is still a broad category and can be broken up even further depending upon the type of vehicle involved in the accident.
If the accident involves a car colliding with another car, then the claim will typically come down to which driver was negligent. If you were rear-ended while at a complete stop, then the case will probably be a bit more cut-and-dry then a case in which both drivers were driving irresponsibly.
If you were in an accident with a truck while in your car, then the claim will possibly become a bit more complex. Truck drivers are constrained by a variety of federal laws, and if they were in violation of one of them at the time of the accident, then this could be a source of negligence.
Motorcycle accidents also take on an additional layer of complexity due to the additional laws that they must follow. Motorcycle accidents can also result in more severe injuries as they offer less protection than a car would.
Bus accidents are unique, whether you are on the bus or in a car that impacts one. They are typically controlled by the municipal government, which means a claim can be very difficult. In addition, their large size can often lead to serious injuries.
Aside from automobile accidents, there are many other types of situations that may necessitate a personal injury lawyer.
We are all constantly using and buying new products in the course of our day-to-day lives. However, if one of those products happens to have a manufacturing defect that causes an injury, the manufacturer may be held liable.
Property owners are required to maintain their properties in a safe fashion for those who may enter, or at least make sure that any danger is clearly marked. If they fail to meet these standards, then they may be held liable for injuries occurring on their property.
Dogs are a very common pet in Texas, and when well-trained, provide companionship and loyalty. However, whether it be because of a lack of socialization or simply herding instinct, dog bites do occur. Dog owners may be liable for the injuries stemming from these bites.
Wrongful death is another broad field encompassing some of those that have already been described. Simply put, if the negligent act of another has caused the death of a family member, then they may be held liable for those damages.
No two personal injury cases are the same, but there are a few common injuries that arise more often in certain types of cases.
This depends greatly on the types of vehicles involved, but automobile accidents can result in head injuries, severe whiplash, or broken bones. Be extremely careful with head injuries, as they can often lead to serious damage if left untreated.
Depending on the dog and the situation, a dog bite can lead to serious lacerations and puncture wounds. In addition, these wounds can quickly become infected.
Slip and Fall
Slip and falls can result in head injuries or spinal injuries, depending on how you land. In addition, broken wrists are common, as the natural instinct of most people is to try and break their fall with their arms.
What to Do After Being Injured in an Accident
Determining the appropriate steps to take after an accident will obviously look different depending on what type of accident you are dealing with, but generally speaking, there are a few steps that should always be completed.
1. Seek Medical Attention
First and foremost, move to a safe location as quickly as possible in order to prevent further injury. Next, determine if emergency medical attention is necessary. Remember that adrenaline can often mask the pain of injuries, making them seem less severe than they actually are.
2. Report the Accident
If the police are called to the scene, make sure to file a thorough report. In addition, in a premises liability case, make sure to report the incident to the person who is in charge of the location.
3. Document the Accident
Document the accident as thoroughly as possible. This includes things like taking pictures of the location and the vehicles, if any, involved, getting the insurance and contact information of the other party, as well as the contact information for any potential witnesses.
4. Contact a Personal Injury Attorney
The legal process can be very complex and stressful. Hiring an attorney as soon as possible can help relieve some of this stress, as well as ensure that you don’t make any missteps that end up costing you.
“Liability” is the term for being subjected to a legal obligation. In a personal injury case, proving liability involves proving that the other party was negligent and that this negligence was the cause of your injuries. Negligence can be proven in a variety of different ways. For example, if a driver is driving while under the influence and collides you, then they were probably driving negligently, and in turn, will likely be liable for your damages.
Who Can I Sue For My Personal Injury?
Determining who to sue is an important part of any lawsuit. This question will be answered in different ways depending upon the type of case.
Most likely, the other driver will be involved in your claim. However, it is possible that the township or car manufacturer could share in the liability if, for example, a faulty streetlight or brake system played a part in causing the accident.
In a premises liability, you will most likely file a claim against the property owner. Property owners owe a certain duty of care to people who enter their property, and a failure to meet this standard can result in liability.
Obviously, a dog cannot be sued in a court of law, which means that you will most likely end up filing a claim against their owner in a dog bite case.
In a product liability case, you will likely sue the manufacturer of the defective product. However, products go through a long retail chain, which means that there may be other parties to file suit against.
How to File a Personal Injury Claim
Once you have decided to move forward in filing a claim, there are a few steps that will follow.
1. Contact an Attorney
This is the first, and most important step in any lawsuit. An experienced personal injury attorney will be able to effectively advocate for you and seek maximum compensation for your injuries. The attorneys at the Zinda Law Group have the experience necessary to guide you through every step of the way.
Once you have hired an attorney, then the can begin the process of investigating the relevant materials for your claim. This includes things like any photo or video evidence that may be available witness testimony, or police reports. An experienced attorney will know what to look for in carrying out this investigation.
Once your attorney is comfortable with the facts of your case, they can begin to enter into talks with the other parties involved. Your attorney will know what similar cases have settled for, and how to argue your position effectively.
Personal Injury Compensation
Damages in a personal injury case have a very wide range. In addition, damages generally fall into one of two categories.
Economic damages are things that can be readily documented and proven. They include things like medical bills, car repairs, and lost wages from not being able to work.
Non-economic damages typically refer to pain and suffering. While it can be difficult to put a number on the pain and suffering that you feel, it is still certainly possible to seek compensation for damages in this category.
Dealing with Insurance Companies
Often, especially in automobile accidents, insurance companies are involved in personal injury cases. This adds an extra wrinkle to the proceedings, and it is important to understand the aim of the insurance company, which is to pay out as little as possible.
1. Reporting the Incident
Insurance companies often have a requirement that any accident is reported as soon as possible, so contact them once you have had a chance to gather your thoughts. Be honest, but don’t be drawn into a long conversation, as insurance agents will often be looking to get you to say something to damage your case.
2. Seek Medical Care
Get any necessary medical attention as soon as possible. An insurance company may try to argue that you were not really injured if you wait a substantial period of time. In addition, make sure to get copies of all of your medical records for yourself.
3. Don’t Settle Too Early
Injuries may reveal themselves weeks after an accident, and repairs may become more expensive than they initially appeared. In most cases, a quick settlement will benefit the insurance company. Take your time, contact an attorney, and consider all of the factors before accepting any settlement.
Legal Time Limits
Every personal injury claim must be brought within a certain amount of time from when the accident occurred. This period of time is known as the “statute of limitations.” Generally speaking, the statute of limitations in Texas for personal injury claims is two years, meaning that you have two years to file a claim starting on the day of the accident. There may be exceptions if there is a child involved, but it is generally advisable to contact an attorney as soon as possible to make sure that your case is not dismissed because the statute has run.
How Long Does a Personal Injury Claim Take?
No matter how straightforward a personal injury claim may seem, the legal process takes time. For any given case, there needs to be a full recovery or medical prognosis, negotiations on who was at fault and to what degree, and negotiations on how much in damages is appropriate. Given all of these steps, the timeline for a personal injury claim can range from a few months to a few years for the most complex of cases.
When do I hire a personal injury attorney?
As soon after an accident as possible, contact an attorney. The Zinda Law Group will meet with you for a free consultation to provide clarity on the direction of your case.
What is the difference between personal injury and bodily injury?
These terms are often used interchangeably, but they are entirely separate. Personal injury is the area of civil law that compensates victims of accidents for their injuries, while bodily injury refers to specific injuries sustained.
Is pain and suffering included in compensation?
Yes, pain and suffering can be included in compensation. Though there is a cap on pain and suffering damages, they can certainly be claimed and compensated for.
Call Our Midland Personal Injury Lawyers Today
At Zinda Law Group, our Texas accident attorneys have helped thousands of injury victims get their lives back on track after an accident. We have the knowledge, experience, and resources necessary to help you pursue maximum compensation for all the damages you deserve under the law.
We also believe injury victims should never have to worry about being able to afford superior legal representation. That is why we offer 100% free consultations, and why you will pay nothing unless we win your personal injury case. That’s our No Fee Guarantee.