Personal Injury Attorney in Austin, TX

Austin Personal Injury Attorney

If you've been injured because of someone else's negligence, you have the right to ask for financial compensation for the losses you've suffered. But pursuing a personal injury lawsuit is no simple task. Defendants and their insurance companies are backed by armies of attorneys prepared to protect their clients. Who's looking out for you?

At Dunk Law Firm, we fight for personal injury victims. Where possible, we settle cases out of court so our clients can return to their lives. If necessary, however, we assemble a litigation strategy and take the case to trial. In either case, we stand by our clients from beginning to end so they can concentrate on getting better.

What Is Personal Injury?

The essence of a personal injury claim is negligence. When another individual, business, or even a governmental agency acts irresponsibly, others can get hurt. The injury is typically physical, but it can also be psychological or emotional too.

"Negligence" is a legal term that suggests failure to exercise a proper level of care under the circumstances. Another way of putting it is failing to behave as a reasonably prudent person would. Negligence can be displayed through someone's actions (like speeding or driving drunk) or through an omission (such as failing to remove a known risk from one's company property).

To win a personal injury case, the victim must prove that the offender was negligent. There are four particular components that are required under Texas legislation:

• Duty of care. The defendant must have owed a duty of care to the plaintiff. Occasionally a duty arises out of a personal relationship between the parties, such as doctor and patient. But this isn't always necessary. For instance, when you drive on a highway, you owe a duty to other motorists not to be reckless.
• Breach. Next, the plaintiff must demonstrate that the defendant breached the duty of care. This is where the defendant's negligent acts and/or omissions are brought out. It also covers circumstances where the at-fault party breaks a law or participates in intentional wrongdoing. Breach is typically the most disputed part of a personal injury claim.
• Causation. The defendant's breach has to really cause injury to the plaintiff. If the defendant acted negligently but didn't hurt the plaintiff, this aspect fails.
• Damages. These are the losses for which the plaintiff will pursue financial compensation. Some of the most common damages are medical expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are fiercely contested in the majority of personal injury cases.

Possible Damages In a Personal Injury Claim

The objective of a personal injury lawsuit is to make the plaintiff whole via financial compensation. This compensation is referred to as damages, and some examples are:

• Medical costs. This broad category can include everything from hospital bills and prescription medications to physical therapy and unique adaptive equipment to help with a victim's daily activities.
• Lost income. While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, potentially significant amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity. Your occupational prospects may be cut short or significantly limited after a personal injury. An expert witness can help estimate the future income you will miss out on as a result.
• Pain and suffering. These damages account for the pain and emotional trauma you will likely experience for some time to come. Although hard to measure, they are necessary for catastrophic injury cases.
• Loss of enjoyment of everyday life. It may not be possible to enjoy your typical everyday activities, hobbies, and other interests after a bad injury. These damages help compensate you for the loss.
• Loss of consortium. This category refers to the deprivation of the advantages of a family relationship. It includes the loss of support, society, friendship, and sexual relationship between partners brought on by the injury.
• Punitive (exemplary) damages. In rare cases, an at-fault party can be subject to punitive damages. These are meant to penalize the wrongful party and deter others from engaging in similar conduct.

Are There Time Limits to File a Personal Injury Lawsuit?

Your right to sue a negligent party will not last forever. In Texas, personal injury claims are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to submit their claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock begins to run when the injury takes place.

However, it's ideal not to procrastinate taking action on your claim. Witnesses' memories can diminish with time, evidence will be harder to obtain, and you could fail to remember critical information if you wait too long. If you or a loved one have been hurt, reach out to a committed Austin personal injury attorney.

How Can the Personal Injury Attorneys of Dunk Law Firm Help Me?

Suing a defendant almost always means suing an insurance company, like an automobile insurer. Regardless, you can count on the offender's lawyers pushing back on your claims or making settlement offers that come nowhere close to covering your losses. You want an attorney that not only understands Texas personal injury law, but understands how to establish a reasonable value for your case.

At Dunk Law Firm, we've assisted countless personal injury clients obtain the compensation they need to recuperate. We won't accept unreasonable deals and will stand by you from beginning to end. Give us a call or complete the contact form today to get started on your claim.