Suffering an injury in an accident can leave a victim with lasting effects, such as disability, significant medical expenses, lost wages and benefits, and immense pain. If your injury is caused by someone else’s negligence, it’s possible to seek compensation for your medical bills and other accident-related expenses.
There are a number of different injury cases that fall under personal injury in Texas. With the help of an experienced personal injury attorney, you can learn about your legal options and how negligence laws may affect your claim.
What is a Personal Injury?
A personal injury is an injury to an individual’s body, emotions, or mind, due to another person’s or entity’s negligence or carelessness. When you suffer physical injuries due to another party’s negligence, that is considered a “personal injury.”
After sustaining a personal injury in Taylor, Texas, you — the plaintiff — may file a lawsuit to prove your injury was a result of someone else’s negligence. This type of claim seeks damages for injuries sustained due to the actions of a negligent party.
Most personal injury claims in Texas stem from motor vehicle accidents, including car accidents, bus accidents, truck wrecks, motorcycle accidents, and pedestrian accidents.
Other types of personal injury claims include:
- Construction accidents
- Premises liability
- Product defect accidents
- Workers’ compensation
When Would You Need a Taylor Personal Injury Lawyer?
If you’ve been involved in any of the above types of accidents, you should contact a Taylor personal injury lawyer. An experienced attorney can help you build a strong claim if you believe someone else is to blame for your injuries. They may be the difference between a fair settlement, a lowball offer, or nothing at all.
Here are the reasons why you need a reliable personal injury law firm by your side after an accident. With an attorney, you will be able to:
- Make better decisions that don’t hurt your case
- Access to skilled and professional negotiators
- Receive faster and fair compensation
- Take advantage of sound legal advice and coverage
- Enjoy peace of mind while you rest and recuperate
A competent Taylor personal injury lawyer can gather and analyze evidence, assess your damages, and establish negligence, ensuring all at-fault parties pay for their reckless actions.
When Should You Contact a Taylor Personal Injury Lawyer?
Always contact a personal injury lawyer as soon as possible — preferably immediately after your accident. Your first priority after an accident should be your health. Once emergency medical personnel ascertain that you are fine, contact Pastrana & Garcia Injury Law for legal representation.
Remember, insurance companies — even your own — don’t have your best interests at heart. They make money by paying out the least compensation to accident victims. After an accident, you may be in shock and easily admit fault or apologize. Our personal injury attorneys will handle all talks with insurance adjusters on your behalf, ensuring you don’t jeopardize your claim.
Evidence of your accident may get lost or destroyed after a while. For this reason, it’s advisable to reach out to a Taylor injury lawyer immediately after your personal injury. Your chances of recovering a fair settlement largely depend on the strength of your evidence. Physical evidence at the scene, as well as your flesh injuries, may be harder to document without the help of an experienced lawyer.
Liability for Personal Injuries
To win a personal injury claim in Taylor, your lawyer will need to prove that the other party is liable for your accident and injuries. Someone is deemed liable for an accident if their actions or omissions are proven to be negligent.
Negligence is one of the most common legal theories used to establish liability in personal injury claims. Plaintiffs in personal injury claims bear the burden of proving available evidence to support their claim.
To establish liability, you and your personal injury lawyer near Taylor must establish these four elements of negligence:
- The defendant owed you a duty of care
- They breached their duty of care
- Their breach was the direct cause of your personal injury
- You sustained damages due to their negligence
Simply put, if the defendant’s conduct didn’t meet the reasonable standard another person would have applied in a similar situation, then they may be liable for your personal injury.
How Long Will My Personal Injury Case Take?
If you want to file a personal injury claim in Taylor, you only have a limited window to do so.
Under Texas law, you have two years from the date of the accident to file a claim. If you fail to bring your claim within this period, you risk losing your compensation. You may not be entitled to any settlement whatsoever, regardless of whether your claim is valid.
If you sustained your injury at work or while performing a work-related task, you have one year from the date of the accident to file a Taylor workers’ compensation claim.
Comparative Negligence in Texas
Comparative negligence laws in Texas can reduce the value of a plaintiff’s injury claim by placing partial fault and liability on them. If an accident victim shares partial blame for their accident or injury, they are liable for some of their damages.
Texas applies modified comparative negligence laws when assigning fault to parties involved in an accident. This implies that you cannot recover any damages if your fault is 51% or more.
Damages in a Personal Injury Claim
Texas allows victims of personal injury cases in Taylor to recover compensation from a negligent party’s insurer. This includes both economic losses and non-economic losses — otherwise known as general damages.
Special damages are monetary losses that can be assigned a dollar figure. They typically offer compensation for financial losses. Monetary losses include:
- Accident-related medical expenses
- Lost wages and benefits
- Diminished earning capacity
- Property damage
- Funeral and burial costs
General damages are intangible losses that are harder to quantify. These damages require subjective calculation and they include:
- Pain and suffering
- Loss of companionship
- Loss of quality of life
- Loss of consortium
In cases of gross negligence or intentional harm, judges award punitive damages as a punishment to deter others from committing similar actions.
The amount of damages varies depending on the details and circumstances of your case. An experienced personal injury lawyer near Taylor can look at the facts of your case and help you determine the value of your personal injury claim.
Contact Taylor Personal Injury Lawyers Today For Legal Guidance
If you or your loved one is struggling to recover from a severe accident, you need a reputable personal injury law firm by your side that’s willing to help you get the justice and compensation you deserve. At Pastrana & Garcia Injury Law, our legal team is ready to take on the challenge. Our Taylor personal injury attorneys have both the resources and experience to handle your claim, even if it means going to trial to secure the compensation you rightfully deserve.
Contact Pastrana & Garcia Injury Law today to schedule a free case review with our skilled attorneys in Taylor. We’ll help you get the justice you deserve.