Our Texas Personal Injury Lawyers Can Help You Get Compensation
Was Your Injury Due to Someone Else’s Negligence?
Injuries happen. Whether it’s on the road, in the home, or at a place of business, you can be injured without any fault of your own. When you suffer a severe personal injury, not only do you have to deal with the physical and emotional pain and trauma, but with financial losses from medical, hospital, and rehabilitative bills, the loss of income from being unable to work, and the possibility of property damage resulting from the accident. Filing a successful personal injury lawsuit against the parties whose negligence caused your accident can alleviate your financial problems and allow you to concentrate on getting well.
Texas laws regarding personal injury are complicated; insurance companies and their lawyers will attempt to deny your claim or get you to settle for the lowest amount possible; and making mistakes can be costly, so it helps to have an experienced personal injury lawyer on your side to fight for a fair settlement. The skilled attorneys of the Evans & Herlihy Law Firm may be just the right choice for you.
Our Texas personal injury lawyer can help you prepare a case that will give you the best possible chance of getting justice and receiving the financial compensation that will allow you to get through this difficult time. If you or a loved one has been injured or someone was killed due to the negligence of another, we have the compassion, skill and experience you need to fight for the compensation you deserve.
Personal Injury Attorney — Why Choose Us?
Our Personal Injury Lawyers are Here to Help
There are a lot of attorneys out there, so why should you choose the Evans & Herlihy Law Firm? Here are some reasons why:
We are dedicated. We understand that this is a difficult time for you, and you may not be very comfortable with the legal process.
We are experienced. Every case is different, but you can be sure that we’ve successfully brought cases like yours to a satisfactory conclusion. We know the process, the courts, and the system, and we have what it takes to help you.
You can get started at no cost to you. Money can be tight when you’re faced with a personal injury. When you choose the Evans & Herlihy Law Firm, you can rest assured that you won’t have to pay for anything unless we win or settle your case.
What Our Personal Injury Attorneys Do
An injury can mean you’re suddenly faced with medical bills and other expenses you didn’t expect to deal with. When people are injured because of someone else’s negligence, we work to make sure they get the financial compensation they need to cover their expenses. Most of the time, cases like this are settled out of court, and we work to negotiate a settlement that you and the negligent party can both accept. Sometimes it’s impossible to reach a settlement, though, and in those cases we are ready to represent you in court and prepare a case that will allow you the best possible chance of getting what you deserve.
How Our Personal Injury Lawyers Do It
If you’ve been injured, you may not know what to expect. The law is complex, and you need an experienced attorney to guide you through the legal process. Get in touch with the Texas personal injury lawyers of the Evans & Herlihy Law Firm. We can help you get through this process with as little stress as possible.
When you have us on your side, the Evans & Herlihy Law Firm will:
- thoroughly investigate your case to determine what happened, what it may be worth, and who the at-fault parties were
- gather evidence from photos, videos, and police and medical records
- interview witnesses
- consult with experts to reconstruct the accident and to testify as to how your injuries negatively impact your life and the costs and treatments you will need into the future
- guide you through the process of negotiating with the insurance company or any other entity you may have to deal with
- build and put together the strongest possible case and take it to court if necessary.
Our Texas Personal Injury Lawyers Must Prove Negligence
To win your personal injury case, our personal injury attorneys must show that another party or parties, the defendants in the case, were negligent and at-fault for causing your accident. In these suits, you, the plaintiff, must establish four points to prove damages to the court. Our personal injury lawyer must show that:
- Duty — The defendant owed you a legal duty not to cause harm.
- Breach – The defendant breached this duty by actions or failure to act.
- Cause – This breach caused the incident that resulted in your injury.
- Damages — You suffered physical, financial, and/or emotional damages as a result.
In some cases, there may be more than one negligent party responsible for your injuries. For example, if the accident was caused by a truck, there may be other negligent parties in addition to the truck driver. Depending on the situation, we might be able to name as defendants the trucking company and its owner, maintenance personnel that didn’t maintain the truck properly, a supervisor that didn’t train the driver properly, the cargo company that didn’t load the cargo properly, or the manufacturer of a faulty part that failed. When we do our investigations, our attorneys would look to identify all responsible parties as they all may have insurance and assets that could go toward a settlement.
Compensation Our Personal Injury Attorneys May Recover
There may be a wide range of settlement amounts possible to recover in a successful personal injury case, depending on the circumstances of the case. Some settlements result in thousands of dollars in compensation, while others lead to millions of dollars in a verdict or settlement. In general, the greater the injury and its costs, the more you will seek in a claim.
Some factors that go into determining settlement amounts include:
- The extent, seriousness, and permanence of your injuries
- Whether you will need continuing care
- Your actual costs for medical expenses, lost wages, and property damage
- Your age, family situation, and earning capacity
- The availability of insurance and assets to go toward a settlement
- The inclination of a particular judge and jury
- The skill of your attorney in negotiating, building, and presenting your case.
In a successful case, you may receive compensation that covers both your economic or monetary losses and your non-economic damages that do not have a specific dollar value but negatively impact your life. Here are some examples of the damages you can demand in a personal injury claim:
- Medical and rehabilitation expenses
- Property damage
- Loss of income
- Pain and suffering (both physical and emotional)
- Loss of consortium and enjoyment of life
Our personal injury lawyers will look to recover an award that covers all of your losses and enables you to go on with your life.
Personal Injury Lawyer in Texas Answers Questions
Dealing with a serious personal injury is difficult, and you are bound to have questions and concerns. The following are some answers to questions our personal injury attorneys are often asked.
In general, you have two years from the date of the accident that led to the injury to file a personal injury lawsuit. If the injuries resulted in a wrongful death, you generally have two years from the day of the death to file a wrongful death claim. This time limit is called a statute of limitations, and the provisions can be found in detail in Texas statutes (Texas Civil Practice & Remedies Code section 16.003). You do not have to have your case heard or tried within the two-year limit, but if you fail to get your lawsuit filed on time, the Texas civil court system will most probably refuse to hear your case and you will permanently lose your right to seek compensation at any time in the future.
No, the less you say to them the better. Insurance adjusters are not on your side; their goal is to increase the company’s bottom line and pay out as little as possible. They will use tactics to lessen or deny the payments. Anything you say to them can be used against you. They have high-powered lawyers on their side, so the best approach to take with insurance companies is to tell them to speak to your attorney, and let us handle all dealings and negotiations with insurers.
If it is your own insurance company who calls, you can give them information or documents they request. However, if your insurance company offers you an inadequate amount, you don’t have to accept their offer. Our attorneys can negotiate for more payment.
If you did something that contributed to the accident, you may still be able to get a settlement, as long as you are not more than 50 percent at fault. According to Texas law (CIVIL PRACTICE AND REMEDIES CODE, TITLE 2, SUBTITLE C, CHAPTER 33, SUBCHAPTER A, Sec. 33.001), the amount of damages you can recover is reduced by the same percentage as what is determined to be your level of fault in causing the accident. For example, if it is determined that you were 20 percent at fault and the settlement was for $100,000, our attorneys could still help you collect $80,000.
In Texas, a victim’s spouse, children, or parents – or the executor of the estate – may pursue a claim of wrongful death, seeking a damage award to cover financial losses and emotional suffering. In addition, our attorneys can help you file a survivor action, which is like a personal injury lawsuit allowed after a death.
Texas law (Texas Statutes section 71.001) states that an action for wrongful death may be brought if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another.
The damages you may receive for wrongful death include compensation for the following losses:
- The lost earning capacity of the deceased
- Medical expenses leading up to death
- Funeral expenses
- The loss of an inheritance, including what the decedent would have reasonably been expected to earn and gift had they lived
- The emotional pain and mental anguish suffered by survivors
- The loss of companionship, society, comfort, household services, and love.
The good news is that it doesn’t cost anything up front to hire our Texas personal injury lawyers. We work on a contingency basis, which means we take on all costs and expenses of your case, and you pay nothing unless and until we win. Fees and costs are then taken out of the settlement award.
When you have our personal injury lawyers on your side, we will be there throughout the entire process to explain what goes next and be available to answer your questions and address your concerns.
TEXAS PERSONAL INJURY ATTORNEY GETS RESULTS FOR INJURED PEOPLE
These are just a few of our clients who have benefited from our personal injury law expertise:
- A Dallas County man, struck by an out-of-control car. His severe injuries resulted in months of missed work and led to a pulmonary embolism. We were able to recover compensation for his injuries, lost wages, and hospital care for his embolism recovery.
- A Collin County boy, attacked by a dog while playing in his front yard. We secured enough compensation that the boy’s parents were able to put aside funds for his future educational needs.
- A Tarrant County man, struck by a drunk driver. We won the maximum amount of all available liability insurance payout for our client, and we found extra health and disability coverage to cover his medical costs.
We work hard to help our clients move forward with their lives. For example, we often call upon our medical provider contacts in order to get clients the care they need to recover from an injury – quickly.
Personal injury lawsuits require in-depth knowledge of insurance laws in order to secure the maximum compensation for victims. Our personal injury attorneys in Texas know how to explore every possible avenue when seeking damages for our clients.
We’ve handled cases that cross state lines – when the victims resided in another state and were injured in Texas, or a Texas resident was injured when outside the state.
Those types of cases involve a level of complexity beyond the scope of many law firms. But the Evans & Herlihy Law Firm understands how Texas state laws, federal law, and insurance practices affect victim compensation.
CONTACT AN EXPERIENCED TEXAS PERSONAL INJURY ATTORNEY TODAY
Most Texas personal injury cases we’ve handled have been resolved before trial, but when a case does go to trial, we’re able to use our extensive litigation experience to secure favorable compensation for our clients. We may bring in expert witnesses or use accident reconstruction techniques to illustrate your case for the court. We can’t guarantee that we can win your case, but we can guarantee that we’ll use all the resources we have to pursue your claim.
At Evens & Herlihy, we handle a wide range of personal injury cases. In addition to vehicle accidents, including those with trucks, other motorists, cyclists and pedestrians in our city and state, we handle cases that include slip and falls, wrongful death, burn injuries, spinal cord and brain injuries, nursing home abuse, premises liability, car accidents, and work injuries. If you believe you’ve been injured due to someone else’s negligence, call us today.
Don’t delay. Let us get to work for you while evidence is fresh and witnesses can be found. Call Evans & Herlihy today for your free, confidential consultation to get started.