Personal injury attorneys serving Austin
Were you injured and need help recovering compensation?
After a serious accident, you may feel overwhelmed by the changes in your life and the mounting bills associated with your injuries. This stress may affect your personal and family relationships and leave you feeling depressed. Having helped clients across the nation in situations like yours, we understand the real impact an accident has on every aspect of a person’s life. Our job as your personal injury lawyer is to help you receive the medical and financial help you need to move forward, regardless of your current financial situation. If you have been injured in an accident and need help recovering the cost of medical care and compensation for the pain and suffering you have endured through the recovery process, we are here to help you.
What is a personal injury lawsuit?
Personal injury law is a body of rules that determines when an injured victim is entitled to compensation for injuries caused by another person. If the law determines you are entitled to compensation, you may be able to receive it from one or more of the responsible parties.
Holding a person or company responsible for your injuries requires you to prove that that party caused your injuries. This is done by bringing a claim for recovery against the party you believe caused your harm and showing how their actions caused your injury. In some cases, proving your injuries were caused by another person can be done without the help of a lawyer; however, when you suffer serious injuries or must establish that a company is responsible for the accident, having a trained lawyer on your side is necessary.
How can a personal injury lawyer help me?
There are several reasons why you may be hesitant to hire a personal injury lawyer in Austin. For instance, you may worry about the cost of hiring an attorney, the legal process and what it involves, and the kind of value your lawyer will provide. This is often the case when you feel you can negotiate with an insurer or defendant that seems willing to pay a fair settlement. However, if your injuries are severe and affect your day-to-day life, you may want to hire an attorney to identify all damages and help seek total compensation.
A dependable lawyer can help you seek compensation for all out-of-pocket expenses resulting from your injuries and the pain and suffering you have endured during the recovery process. The damages resulting from your pain and suffering are often much greater than the out-of-pocket expenses associated with your injuries, but insurers and defendants are unwilling to provide this compensation without skilled advocacy.
What types of personal injury claims are available?
There are many kinds of personal injury claims available to an injured victim, and the appropriate claim mainly depends on how your injuries were sustained. If a defective product caused your injuries, you may need to bring a claim against the manufacturer for strict product liability; if your injuries occurred on another person’s property, you may need to bring a claim against the property owner for premises liability; and if your injuries were caused in the ordinary course of life, you may need to bring a claim against the person or company that wronged you for negligence. While each of these claims has procedural distinctions, they all accomplish the same goal of awarding money damages for the harm you have sustained.
The most common personal injury lawsuit is a negligence claim. A negligence claim is brought against a person or company that fails to act reasonably in a particular situation. When a party’s negligent actions cause you injury, you are entitled to recover from the negligent party for harm caused by their actions.
There are three core elements that a plaintiff must satisfy to recover damages under a negligence claim.
- The defendant owed a legal duty to the plaintiff
- The conduct of the defendant breached this duty
- The plaintiff sustained damages by the defendant’s conduct
An experienced and trained personal injury attorney will be able to determine whether negligence caused your accident and subsequent injuries. While this may be straightforward in some instances, identifying negligent behavior can be tricky. For example, you might be involved in a multi-vehicle accident and unsure what driver caused the wreck. A skilled personal injury lawyer will investigate the facts and determine who is responsible for your injuries.
Premises liability claims
Under a premises liability claim, you may be able to recover compensation for injuries you sustain on another person’s property. For instance, you may be injured while shopping in H-E-B or attending a friend’s birthday party. However, whether you can recover compensation for your injury depends on the duty the property owner owed you at the time of your injury. The duty the landowner owes you depends on the purpose of your entrants onto the land. The law recognizes three different categories of entrants, each subjecting the landowner to a different standard of care.
- Trespassers: These individuals enter property without consent or legal authority.
- Licensees: These are entrants who have consent to enter the property for their own benefit.
- Invitees: These entrants are invited onto the property for the property owner’s benefit.
If you are injured on another person’s property, it is usually a good idea to talk with a lawyer to see if you have a premises liability claim. A trained lawyer will be able to identify the duty the landowner owed you at the time of your injury and whether a claim under premises liability may be pursued.
Product liability claims
A product liability claim allows an injured plaintiff to recover damages against a manufacturer for harm caused by a defective product. A product liability claim differs from a negligence claim because the claim focuses on the product's condition, not the manufacturer's actions during the production of the product. Under product liability, a manufacturer is liable for the damages you suffer regardless of how carefully the product was manufactured.
Wrongful death claims
When someone dies due to another individual or entity’s wrongdoing, the victim’s loved ones may be able to file a wrongful death claim. A wrongful death claim is a personal injury claim brought by the deceased’s surviving family. When someone passes away in an accident, the law recognizes that their unexpected passing will cause severe pain and suffering in the lives of the surviving family members. Because of this, the family can bring a claim against the negligent party to recover for the suffering they must endure because of the negligent party’s actions.
Personal injury claims can be complex
Personal injury claims can get complex very quickly. In some cases, injury victims may have a claim against multiple parties under different theories of recovery. For instance, suppose your loved one is killed after their airbag fails to deploy when an 18-wheeler crosses the centerline and hits their vehicle. Under this scenario, a trained lawyer would likely recognize multiple responsible parties and bring the following claims against the liable defendants:
- Negligence against the truck driver
- Negligence against the vehicle manufacturer
- Negligence against the trucking company
- Product liability against the manufacturer
- Wrongful death against all parties
In this simple scenario, the surviving family would have multiple claims against multiple parties. While this may seem excessive, it is important to hold all liable parties responsible to ensure you receive all compensation you are entitled to under the law. It wouldn’t be fair to hold the trucking company entirely responsible when the defective airbag undoubtedly contributed to your family member’s death.
Holding the responsible party accountable for your injuries
To recover damages for injuries you sustained in an accident, you need a trained lawyer to help identify the parties responsible for your injuries and formulate a theory of liability to hold the responsible parties accountable. As outlined above, the correct theory of liability depends on how you were injured. However, even when you know how you were injured, identifying who is responsible for that injury can be difficult. For instance, if you are involved in an 18-wheeler accident, you may need to bring a lawsuit against the trucker’s company, the loading company, the brokerage company, the maintenance company, and perhaps the truck manufacturer. A trained lawyer knows how to identify which parties may be responsible and hold them accountable.
After you have identified the correct parties and formulated a theory of recovery, you must bring a lawsuit against the appropriate parties and provide them an opportunity to defend themselves. If the party truly believes they are innocent, the case may need to go to trial, where a body of jurors will determine who is responsible for the accident and injuries. Fortunately, most cases today are resolved without trial, significantly reducing the time and cost of litigation.
Types of compensation available in personal injury cases
After showing that the other party’s actions caused your injuries, you are entitled to compensation for the damages you have suffered. When you are injured, you suffer both economic and non-economic damages. As such, the law provides that you can recover both the out-of-pocket expenses and the intangible costs associated with your accident.
The intangible costs associated with your accident and injuries largely depend on the severity of the injuries sustained. For instance, the pain and suffering caused by a full-body burn is much greater than that caused by a broken toe.
Our firm has substantial experience helping clients with the following injuries:
- Neck and back injuries
- Spinal cord injuries
- Traumatic brain injuries
- Burn injuries
- Broken bones
- Vision loss
If you are seriously injured, a personal injury lawyer can help you recover the out-of-pocket expenses and the intangible costs associated with your injury. Depending on the severity of the injury, these damages can be significant and provide you with the financial security you need to move forward.
How much does it cost to hire a personal injury attorney?
One of the biggest concerns clients express during our initial meetings is how they can afford to pay for our services. Our clients often deal with unexpected medical bills, are out of work, and are unsure of their financial future. Fortunately, at The Ammons Law Firm, we believe everyone has a right to justice regardless of their financial position. Because of this, we work on a contingency fee basis.
A contingency fee is a financial relationship where our payment comes from your recovery. That means we are only paid if we successfully resolve the case in your favor. If we cannot hold the wrongdoer responsible for the harm they caused you, our work is free. By offering clients a contingency fee relationship, you receive world-class representation regardless of your current financial position.
Consult with an Austin personal injury lawyer today
At the Ammons Law Firm, we’ve represented clients throughout Austin for over thirty years. We are committed to making a difference in our clients’ lives by helping them receive the financial and medical assistance they need to move forward. Our commitment to justice has helped our firm secure some of the largest verdicts in Texas history and recover over $1 billion in total compensation for injured victims across the country.
When you need a law firm that you can trust and a team you can count on, you call The Ammons Law Firm.