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If you have been hurt or injured as a result of someone else’s intentional actions or negligence in Austin, 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, the wide range of personal injury cases Zinda Law Group handles, and the benefits of hiring a personal injury lawyer.
If you or a loved one has been injured due to the fault of another and are searching for an Austin personal injury lawyer, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with an experienced personal injury attorney.
WHAT IS PERSONAL INJURY?
Personal injury law focuses on the disputes that arise when one person suffers harm, often in the form of physical injury, as a result of another party’s negligent or intentional conduct. Under personal injury law, the party that caused the harm may be held liable for the victim’s injuries. As a result, the at-fault party or that party’s insurance company may have to pay money, also referred to as “damages,” to the injured person for costs incurred as a result of the injury.
An injury victim wishing to bring a personal injury lawsuit must be able to prove four key elements:
- The alleged at-fault party owed a duty to the victim
- The alleged at-fault party breached the duty
- This breach of duty caused the victim’s injuries, and
- The victim sustained some type of harm.
A personal injury case is usually initiated and handled by a personal injury attorney who agrees to represent the victim in a civil court proceeding. The case may proceed to trial. At trial, the attorney needs to prove fault by a preponderance of the evidence if the victim is to be awarded compensation for the harm suffered. Alternatively, the parties may agree to a settlement. The settlement process involves back-and-forth negotiations between those personally involved in the dispute, their insurers, and attorneys representing both sides.
WHAT TO DO AFTER SUFFERING AN INJURY
1. Seek Medical Attention
The first and most important thing to do following an accident involving injury is to seek medical attention. Even if you think you did not suffer a serious injury, it may nevertheless be a good decision to seek medical attention. This is because some injuries may take hours or days to manifest. Seeking prompt medical treatment may help expedite your recovery process.
2. Report the Accident
Next, you should report the accident. For example, if you were injured in an automobile accident, you should file an accident report with local law enforcement. If you were injured while shopping at a department store, you should file an accident report with a manager or supervisor. Filing a report will create an official record of the accident, which may help strengthen your claim.
3. Document the Accident
Document all relevant evidence and paperwork relating to the accident. This means creating and maintaining an organized file of every piece of important information regarding the accident. For instance, you should keep copies of 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.
4. Contact a Personal Injury Attorney
Finally, you should consider discussing your case with a personal injury attorney. A personal injury attorney may provide an initial consultation and provide legal advice about your case.
HOW TO FILE A PERSONAL INJURY CLAIM
Not every accident leads to significant injury. Some accidents result in nothing more than temporary embarrassment. In contrast, many accidents result in significant disability. If you have been injured as a result of someone else’s negligence and would like to seek compensation, you may need to file a lawsuit against the person who you believe caused your injuries.
1. Contact an Attorney
A personal injury victim wishing to file a claim should first contact a personal injury attorney. A personal injury attorney may wish to speak with you in person or over the phone to gather important facts regarding your case. Should you decide to file a lawsuit, the attorney may act on your behalf by filing a formal complaint against the at-fault party.
The investigation phase of a personal injury claim may involve your attorney collecting important evidence to strengthen your claim. For instance, your attorney may track down evidence that establishes that the alleged at-fault party really did cause the accident.
Read More: How to Obtain an Austin Police Report
3. Settlement and Lawsuit
Before your claim proceeds to trial, you may have the option of agreeing to a settlement with the at-fault party or the party’s insurance company. During the settlement phase, your attorney may act on your behalf by negotiating with the other party. If it is not in your best interests to accept a settlement offer, your case may proceed to trial.
OUR AUSTIN INJURY ATTORNEYS SEEK THE COMPENSATION YOU DESERVE
Compensation in personal injury cases comes in two forms: economic damages and non-economic damages.
Economic damages are damages that can be assigned a numerical value and quantified. 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
In contrast, 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
Punitive damages are a third type of damages. They may be awarded to victims in personal injury cases where the at-fault party’s conduct was found to be especially reckless or intentional.
At Zinda Law Group, our team of personal injury attorneys takes the utmost pride in helping clients secure the compensation they deserve. Our attorneys will fight to protect your rights, making sure that you are compensated for the totality of your economic and non-economic damages.