Plano Personal Injury Lawyers
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If you have been hurt or 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 (512) 246-2224 to receive a free case evaluation with one of our 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 person wishing to bring a personal injury lawsuit must be able to establish four key elements:
1. The alleged at-fault party owed a duty to the victim
2. The alleged at-fault party breached the duty
3. The alleged at-fault party’s breach of duty caused the victim’s injuries
4. The victim sustained a form of harm or damages
A personal injury case can be and often is 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 progress through to trial. At trial, the fault will need to be established if the victim is seeking compensation for their losses. Alternatively, the parties may agree to a settlement. The settlement process often involves negotiations between those personally involved in the dispute, their insurers, and attorneys representing both sides.
Learn More: Personal Injury Claims
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No matter your case type, if you were injured due to someone else’s negligence, our Plano personal injury lawyers can help.
The aftermath of any type of accident can be confusing and stressful. However, you don’t have to go through it alone. Our Plano personal injury firm is committed to being there for you and guiding you through the complex legal process. With our help, you can feel secure that your best interests are being safeguarded from insurance companies and other parties who may attempt to settle your claim quickly and for as little as possible.
WHAT TO DO AFTER BEING INJURED IN AN ACCIDENT
1. Seek Medical Attention
The first thing to do following any type of injury is to seek professional medical attention. Even if you believe you did not sustain a significant injury, 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 grocery 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 and important 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 with respect to 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
How To File a Personal Injury Claim
Not every accident leads to significant injury. Some accidents may lead to nothing more than a brief scare or short-lived embarrassment. On the other hand, some accidents can result in significant disability. If you have been injured as a result of someone else’s acts or negligence and would like to pursue 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 get in touch with a personal injury attorney. A personal injury attorney may want to speak with you in person or over the phone in order to gather the facts of your case. Once aware of the facts surrounding your accident, 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. This evidence may ultimately 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, sift through company records, review surveillance footage, comb through paperwork, and account for each of your damages, such as medical bills and lost wages.
3. Settlement and Lawsuit
At some point, it may be necessary to litigate your 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 interest 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.
Personal Injury Compensation
The damages that may be awarded to a victim of a personal injury accident are 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 include:
- Medical bills
- Pharmacy bills
- Rehabilitation costs
- Lost income (present and future)
- Loss of earning capacity
Non-economic damages refer to intangible losses which cannot be calculated on paper. Rather, non-economic damages are subjectively evaluated by the jury in a lawsuit. Types of non-economic damages may include:
- Pain and suffering
- Emotional distress
- Loss of consortium
Punitive damages are a third type of damages which are awarded not to compensate the victim, but to punish the wrongdoer. Punitive damages are rare but may be awarded to victims in personal injury cases where the at-fault party’s conduct was found to be especially reckless or intentional.
Learn More: How to Calculate the Value of Case
Dealing with Insurance Companies
An important and often frustrating part of the personal injury claim filing process is dealing with insurance companies and claims adjusters. In many cases, the insurance company that represents the at-fault party will try to minimize the value of the victim’s claim. At Zinda Law Group, our attorneys have experience dealing with insurance companies and claims adjusters. Our personal injury attorneys may work on your behalf and represent your best interests by negotiating with these parties to structure a settlement that may provide fair compensation for your losses.
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 January 1, 2019, you must file a claim before January 1, 2021.
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.
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. One example is the injury of a minor child described above. 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.
We Will Fight For The Compensation You Deserve
As a seasoned injury law firm, we work relentlessly to secure compensation on behalf of our clients or their families. All too often, a victim of negligence is seriously injured and unable to deal with the legal ramifications of their accident. That’s where a Plano personal injury attorney from Zinda Law Group can help.
Retaining a Plano personal injury lawyer could make the difference in receiving the full compensation needed to make things right. Without filing a personal injury claim, you could be left to pay for the damages caused by another person.
Hospital bills, ambulance costs, medication, rehabilitation, lost wages, psychological trauma and any other damages will be costly – possibly in the range of tens of thousands of dollars or more. When you get stuck with these mounting expenses, the time has come to call our office.
Why Hire Our Personal Injury Attorneys?
There are many reasons to hire Zinda Law Group, but chief among them is our knowledge and expertise in a wide range of personal injury matters. Our skill in negotiating with insurance companies and our experience in the courtroom allows us to fight for the full compensation you deserve. With our firm investigating your accident, we will identify all parties responsible for your loss and aggressively pursue recovery of your damages.
While many claims can be settled through negotiation, that is not how we prepare our cases. Our legal team includes a network of experts and professionals who can put a strong case together that will prove your claim, whether we are willing to settle with the insurance company or go to trial. As insurance companies know we are prepared to litigate and fight to win, and this improves our chances of settling successfully on your behalf.
Remember that there is no cost to you if we don’t win your case. We work strictly on a contingency fee basis, and you pay no attorney’s fees unless we obtained results in your case.
Our Plano Personal Injury Lawyers Will Fight for You
Our Texas personal injury attorneys are dedicated to helping you through this difficult time. We will be happy to provide you with a legal strategy that works and any additional information you may request regarding your accident, injuries, and the legal aspects surrounding the case.
How Much Does it Cost to Hire a Personal Injury Lawyer?
Personal injury cases are handled on a contingency fee basis. This means a client will not have to pay for legal services unless the claim is settled or successfully litigated in court. At Zinda Law Group, our firm 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.
When Do I Hire a Personal Injury Attorney?
A personal injury lawyer should be contacted soon after sustaining an injury. After medical attention has been sought and a report has been filed, contact a personal injury attorney. The attorney may discuss your case with you and may agree to represent you moving forward.
How Long Does it Take to Get a Personal Injury Check?
The amount of time it takes to receive a personal injury check depends on the facts and circumstances of your case. In some cases, settlements may be reached within four to eight weeks.
How Much is My Case Worth?
Every personal injury case is different. The value of a claim depends on many important factors. As a general rule, the more significant the injuries, the more the claim may be worth.
Learn More: How to Calculate the Value of Case