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Accidents happen every day, and when someone else is responsible, they should be held liable for your injuries. Personal injury claims can be quite burdensome and may warrant a lot of time and effort. Recovering victims should not take on this burden alone. Our experienced attorneys may fight for your best interests and allow you to seek the maximum amount of compensation you may be entitled to. Zinda Law Group may be able to help.
Common Injuries that may Warrant a Claim
Some common injuries that may result after an accident that may prompt a victim to want to file a personal injury claim are as follows:
- Bone fractures
- Brain injuries
- Spinal injuries
- Severe cuts and bruising
- Impairment of limb function
- Nerve damage
- Emotional trauma
For a free legal consultation with a personal injury lawyer serving Round Rock, call 800-863-5312
Most of the time, a personal injury claim is operating off of a theory of negligence. Negligence claims have four main parts:
To be able to state a negligence claim, you will need to show that another party owed you a duty to act in a particular way and then subsequently failed to act according to that standard. This breach of duty needs to have caused your injury.
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What if I am Partially at Fault?
When considering filing a personal injury lawsuit, it is important to look at the role you may have played in the incident that led to your injuries. Each state handles this differently. Texas law follows the doctrine of modified comparative negligence for personal injury claims. This means that if you are over 50% responsible for your injuries, then you will not be able to recover any compensation from the other party. However, if you are less than 50% responsible, then your overall damages will be reduced proportionately to the percentage you were at fault.
Types of Damages
When you file a personal injury claim, generally, there will be three types of damages available to you: economic, non-economic, and punitive damages.
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Economic damages compensate you for expenses that can be easily calculated. This may include medical bills, lost wages, and other incidental costs of getting your life back on track after an accident. All of these things have a price tag and may be easily quantifiable.
Non-economic damages, however, are not so easily calculated. These damages typically seek to compensate a victim for long-lasting emotional injuries. Typically, this is referred to as pain and suffering. Experienced attorneys generally calculate pain and suffering by taking your amount of medical costs and multiplying it by a number between one and five, depending on the severity of your injuries. This number allows them to determine how much compensation you may be entitled to for pain and suffering.
In some cases, punitive damages may be available. Punitive damages are not designed to compensate victims, but rather are to punish the defendant’s conduct. That is why these damages are only available in certain types of personal injury cases. Courts are reluctant to award punitive damages for anything except egregious conduct.
Learn More: How to Calculate the Value of Case
Burns, torn meniscus, PTSD, anxiety, scarring, and possible nerve damage
Back and Leg Injuries
Motor Vehicle Collision
Motor Vehicle Collision
How Much Can I Get for Pain and Suffering?
Whether or not you will be awarded compensation for pain and suffering really depends on the unique characteristics of your accident and injuries. The following are a list of factors that you may consider to calculate your non-economic damages:
- The permanency of your injuries
- What you were able to do before your accident
- What you are able to do after the accident
- Can you still work?
- Can you still be physically active?
- Do you have any emotional struggles?
What to do after a Personal Injury
Seek Medical Attention
No matter what, the most important thing to do after a personal injury is to receive immediate medical attention. Even where injuries may not be readily apparent, it is still important to make sure you receive medical treatment after being involved in an accident. Some injuries are obvious, but sometimes they lie below the surface. Prompt care is always in your best interest. Additionally, receiving professional medical treatment can make a big difference in your claim because a doctor can create an official record of your injuries and treatment plan.
Call the Police
If you can, call the police to the scene of the accident. First, your memory recall may be better. Sometimes people forgo getting the police involved initially after an accident because they just want to get everyone’s information and go home. However, the longer you wait to discuss your story of what happened, the harder it becomes to remember details that could be important later on. Second, the police can create an official report that can be used as evidence when bringing a claim. Your attorney and insurance will use this report to help you with your claim.
Good documentation after an accident can be extremely an extremely helpful tool to help fight your claim. No matter how clear-cut the accident that led to your injuries may seem, unanswered questions usually come up when investigating a claim. The more tangible evidence you have to support your claim the better. Document everything you can by taking photos, making notes, and speaking with any eyewitnesses who might have seen the accident take place.
Speak with an Attorney
Having an attorney with personal injury experience is the best way to protect yourself from being taken advantage of. An attorney may be able to help open a claim with your insurance carrier and negotiate compensation. This may sound simple, but when requesting compensation for pain and suffering, the negotiation process can be a lot more complex. You are no longer asking to be compensated for something that has a set price tag on it. An attorney may be able to assist you in the process of determining what you are owed and arguing for why the at-fault party should pay you that amount.
Learn More: Why Hiring a Lawyer Will Help Your Case
Time Limits in a Personal Injury Case
One of the most important considerations when filing a personal injury claim for compensation is time. Every state places a time limit on your ability to file a personal injury claim for compensation. This is known as a statute of limitations. Generally, this time limit is usually two or three years depending on the laws of your state, however, that is simply an estimate. Under Texas law, you have two years from the date of injury to file a personal injury claim. This could vary depending on whether you are filing a traditional personal injury claim, a wrongful death claim, or even a claim on behalf of or by a minor. An experienced attorney may help you determine the applicable time limit for your claim.
Do You Need an Attorney to File a Personal Injury Claim?
The simple answer is no. You do not need an attorney to file a personal injury claim. However, having an experienced attorney may be able to make a large difference in your ability to recover compensation after suffering a personal injury.
Suffering an injury after an accident can be overwhelming. The last thing that any victim needs is the burden of haggling with an insurance company about money. Our attorneys at Zinda Law Group have experience negotiating with insurance companies to protect our clients’ rights. If you don’t receive a satisfactory settlement offer, our team may advise you on your options going forward, which may mean filing a lawsuit and going to trial.
TRUST THE ROUND ROCK LAWYERS AT ZINDA LAW GROUP
Our injury lawyers at Zinda Law Group help victims get their lives back on track after suffering an injury by helping them build a strong case against the responsible party. Our lawyers have the negotiation strategies necessary to help you pursue the maximum compensation you may be entitled to. We offer the resources of a nationwide firm, but the client service of a local firm.
We believe victims should be worried about affording legal representation. While time is one important consideration of filing a legal claim, money is also an important consideration. That is why our attorneys work on a contingency fee basis. This means that unless we secure you appropriate compensation for your injuries, you don’t owe us any money. You only need to pay us once you get paid yourself. You can call our office today at (800) 863-5312 for a free consultation with one of our Round Rock personal injury lawyers.
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA