Personal Injury FAQs

At The Evans Law Firm, we field a lot of questions from people who want to know more about personal injury cases.

Personal injury, in legal terms, means that a party’s lack of reasonable care resulted in serious injury to another person. More specifically, when people are aware that their action or inaction is likely to lead to serious harm to another person, they could be found liable for resulting injuries.

Because there are many factors involved in a personal injury claim, the best way to find out if you have a case is to contact an attorney.

Personal injury attorneys generally work on a contingency fee basis, meaning their clients pay nothing up-front for legal representation. Attorneys are paid a portion of any settlement awarded to their clients.

Keeping in mind that no lawyer can guarantee a case’s outcome, it’s possible to prevail on a claim of personal injury, even if you are partially to blame for your injuries.

In Texas, the court can assign a percentage of fault to any party. So in a car crash where more than two drivers are at fault for others’ injuries, each of their insurers may have to pay damages to the injured parties in Austin, TX.

Usually, in personal injury cases, a defendant’s insurer – not the defendant – is the party that pays compensation to victims.

Not necessarily. Many personal injury cases are settled out of court.

Some cases can be resolved quickly, within a matter of months. But the more complicated the case, the longer it will take to resolve. For example, if multiple people were injured, an attorney may need to spend considerable time understanding the long-term prognosis for those victims, because it’s important that any settlement be able to cover current and ongoing medical costs.

Negligence is a word the courts use to describe someone’s violation of reasonable care that directly leads to injury. Gross negligence means a person acted with malice or extreme disregard for the law, or for others’ safety. For example, under Texas law, a person who causes injury when driving drunk is likely to be found guilty of gross negligence.

Medical malpractice is a type of personal injury case, but the injured party must provide a greater degree of evidence, in order to show a healthcare provider was negligent, and that the negligence caused a serious injury in Austin.

Sometimes, an Austin personal injury attorney can help you pay for your current medical expenses and request that those costs be included in any settlement.

Depending on the nature of your injuries and the events that caused them, you could request that the defendant cover your property loss, legal fees, immediate and long-term medical care and lost wages. In extreme cases, such as wrongful death claims, or in cases where a defendant is found grossly negligent, you may be able to pursue “exemplary” damages, which are monetary awards that account for the loss of a loved one’s income, and compensate families for pain and suffering.

Answers When You Need Them

If you don’t see your question here, give us a call. Our lawyers understand that each personal injury case is unique, and your questions may be highly specific. Don’t wait to ask for help. Call us today at (855) 414-1012, or fill out our online contact form for your free consultation.