Personal Injury - Smith and Lee

If you suffer a personal injury in Rockwall, TX due to no fault of your own, get legal help. When you do, you can pursue compensation from anyone responsible for your injury. A Texas injury law firm has attorneys on staff who can review your case and help you get the most compensation possible.

Smith & Lee, Lawyers is a top choice for those who want to hire injury lawyers in Texas. Our attorney’s are available to discuss your case and file your claim. To get started, please reach out to us.

Why Personal Injuries Happen in Texas

No one expects an injury to happen. Yet, injuries occur every day, and many are the result of someone else’s negligence. Common causes of personal injuries in Texas include:

Car Accident

A motorist who is driving while distracted, speeding, or breaking other rules of the road puts themselves and others in danger. This driver can cause an accident in which another motorist or pedestrians get hurt. In this situation, the driver responsible for the crash can be held accountable for any damages.

Truck Accident

Most semi-truck drivers take every precaution they can when they travel from point A to point B. However, there can be times when a trucking driver is negligent. If a trucker causes a trucking accident, this individual and their employer can be held responsible for the incident.

Slip and Fall Accident

You can slip, fall, and get hurt on someone else’s property. If this happens, you can file a premises liability claim against the property owner. This allows you to request compensation to cover the costs of treating your injury.

Dog Bites

Dog bites and attacks happen when a dog owner allows a dog they know may bite someone to be near others, or they fail to property control or restrain the dog. This may lead to serious bite injuries that have lasting consequences, and the owner may be held liable for your damages.

Smith & Lee, Lawyers is a Texas injury law firm with a wealth of experience. We will do everything we can to help you get compensation from anyone responsible for your injury. To learn more, please get in touch with us.

What to Do If You Suffer a Personal Injury in Texas

Do not ignore an injury. If you get hurt as a result of someone else’s negligence, give your injury the attention it deserves. Here are things you should do after your injury happens.

Call 911

Notify 911, so medical personnel can treat your injury. Do not forgo treatment — if you do, your injury may affect you long into the future. Police officers will also come to you and get information about how your injury happened.

Document Your Medical Care

Keep track of any medical treatments and the costs associated with them. If someone caused your injury, this individual can be held responsible for your treatment expenses. By documenting your medical care, you can start building a body of evidence that will help you get a fair settlement in your injury lawsuit.

Take Photos and Videos

If possible, use your smartphone to capture photos and videos of your injury. These photos and videos will highlight the severity of your injury. It will be important if you choose to hire an injury attorney and file an injury claim.

Look for Witnesses

If anyone saw your injury happen, get their contact information. Those who witnessed your injury will be able to testify on your behalf if you submit an injury claim. Your personal injury lawyer can question witnesses during your trial, and these individuals can share information that may compel a judge or jury to rule in your favor.

Do Not Accept an Insurance Settlement

You may get a call from the insurance company of the individual who caused your injury just days after it happened, and the business may offer a settlement. If you are wondering if you should settle with an insurance company, the answer is no. Instead, connect with a personal injury attorney, and they will help you request a reasonable amount of compensation from any at-fault parties.

Consult with a Personal Injury Law Firm

Explore personal injury law firms in Texas and choose one that can answer frequently asked questions and many others about injury lawsuits. Ideally, you will find a firm that connects you with personal injury lawyers who take your case seriously. You can hire a lawyer who submits your claim in accordance with Texas’ personal injury statute of limitations.

How Much Time You Have to File a Personal Injury Claim in Texas

There is a two-year statute of limitations for personal injury lawsuits in Texas. This means you have up to two years from the date you suffer an injury caused by someone else to seek compensation. If you do not file a lawsuit within this window, you cannot submit a lawsuit at a later time.

Personal injury attorneys in Texas understand the statute of limitations. They will learn as much as they can about your injury. If you have a compelling case, your lawyer will submit your claim before you lose the right to do so.

Injury law firms treat every case as its own entity. Even if injury attorneys have handled dozens of cases to date, they will tailor their argument to your claim. That way, they will put you in the best position to secure the maximum amount of compensation.

How Much Money You Can Request in an Injury Lawsuit

In many injury cases in Texas, there is no limit on how much money you can get in compensatory damages. You can receive economic compensation for quantifiable losses such as medical bills and lost wages and non-economic compensation for pain, suffering, and other subjective losses. A personal injury attorney will encourage you to pursue both types of compensation.

Your lawyer understands how to calculate economic and non-economic losses. They will look at the immediate and long-term costs associated with your injury. Next, your attorney will help you determine how much money to request.

What to Expect If You Request Compensation for a Catastrophic Injury

You can suffer a catastrophic injury that affects you for the rest of your life. The injury can limit your ability or impact your cognitive abilities. It can also hamper your ability to enjoy your life to the fullest extent.

When you file a lawsuit based on a catastrophic injury, your lawyer plans accordingly. They collect medical records and other relevant documents that highlight the severity of your injury. Your attorney builds a case that shows anyone responsible for your injury was negligent.

In a catastrophic injury lawsuit, you may receive tens or hundreds of thousands of dollars in compensation. Your lawyer makes sure you request enough money to cover the costs of any medical treatments that you will need in the years to come. They will also ensure that your case makes it easy for a judge or jury to see that you suffered your injury due to someone else’s negligence.

How to Prove Negligence in a Personal Injury Lawsuit

When it comes to negligence and accidents, it can be difficult to show that someone intentionally hurt you. Your lawyer will develop an argument that highlights that you were in no way responsible for your injury. They will show that the following elements of negligence were present when your injury occurred:

Duty of Care: Someone had a duty of care toward you and was expected to avoid a careless act that could cause you to get hurt.
Breach of Duty of Care: This individual violated their duty of care.
Causation: Since this person breached their duty of care, you got hurt.
Damages: You suffered economic or non-economic losses due to the fact that someone violated their duty of care and caused you to get hurt.

Your lawyer works with you to gather evidence and witness testimony that verifies that an at-fault party was negligent. They also prepare you for your trial date. This ensures you can present a strong case that shows a judge or jury that you deserve 100% of the damages that you initially requested.

How Modified Comparative Fault Applies to Personal Injury Cases

Texas has a modified comparative fault statute that relates to personal injury claims. If you are found to be partly responsible for your injury, a judge or jury will reduce the amount of compensation you are awarded. In the worst-case scenario, a judge or jury will find that you are primarily responsible for your injury and will not award you any damages.

For example, you can get into a car accident and request $10,000 in damages from the driver responsible for your crash. A judge or jury may determine you are 20% responsible for the collision. In this scenario, you will receive $8,000 in compensation.

On the other hand, consider what will happen if you are involved in an auto accident, request $10,000 in compensation, and are found to be primarily responsible. If this occurs, you will not receive any damages. On top of that, you are solely responsible for all of your medical costs, expenses to repair or replace your vehicle, and other losses you incurred due to your crash.

What It Takes to Settle a Personal Injury Lawsuit

If you are involved in a rush-hour car crash or any other accident that leads to a personal injury, you can file a claim and get ready for your trial. In the meantime, your lawyer can attempt to negotiate a settlement. If your attorney succeeds, you can get compensation without having to go to trial.

The defendant in your injury lawsuit can propose a settlement at any time during your litigation. Just because this individual can offer a settlement does not mean you should automatically accept any proposal that comes your way. If you get a settlement offer, review it with your lawyer, and your attorney will help you weigh the proposal’s pros and cons.

If you are not fully satisfied with a settlement offer, you can decline the proposal and continue with your litigation. The defendant may offer multiple settlement proposals before your case goes to trial. If you do not approve a settlement, you and your lawyer will present your lawsuit to a judge or jury.

How a Judge or Jury Treats a Personal Injury Claim

A judge or jury considers all of the information provided by the plaintiff and defendant in a personal injury lawsuit. They will evaluate evidence and witness testimony. If a judge or jury agrees with your point of view, they will award compensation.

In addition to economic and non-economic damages, a judge or jury may award punitive compensation. A judge or jury offers punitive damages to deter an at-fault party from future acts of negligence. In Texas, you can receive up to $200,000 or two times the amount of economic and non-economic damages awarded up to $750,000, whichever amount is greater.

You are not guaranteed compensation in a personal injury lawsuit. A judge or jury offers damages only if you show that the defendant was negligent and caused your injury.

File Your Texas Personal Injury Claim

If you are ready to submit a personal injury claim in Texas, Smith & Lee, Lawyers can help you out. Our team will file your lawsuit and build an argument that resonates with a judge or jury. For more information or to schedule a free consultation, please contact us today.