Personal Injury Lawyer in Galveston, TX

Galveston Personal Injury Law Firm

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. However, seeking a personal injury lawsuit is no easy task. Defendants and their insurance companies are backed by armies of lawyers prepared to protect their clients. Who's looking out for you?

At Dunk Law Firm, we defend personal injury victims. Where possible, we resolve cases out of court so our clients can get back to their lives. If needed, however, we put together a litigation strategy and take the case to court. In either case, we stand by our clients from beginning to end so they can focus on getting better.

What Is Personal Injury?

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

"Negligence" is a legal term that implies failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failing to act as a reasonably sensible person would. Negligence can be displayed through a person's actions (like speeding or driving intoxicated) or through an exclusion (such as failing to remove a known hazard from one's business property).

To win a personal injury case, the victim has to show that the defendant was negligent. There are four specific components that are required under Texas law:

• Duty of care. The offender must have owed a duty of care to the plaintiff. In some cases a duty emerges out of a personal relationship between the parties, such as doctor and patient. But this isn't always required. For instance, when you drive on a freeway, 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 offender's negligent acts and/or omissions are highlighted. It also covers situations where the at-fault party breaks a law or participates in deliberate wrongdoing. Breach is usually the most contested part of a personal injury claim.
• Causation. The offender's breach has to really cause injury to the plaintiff. If the offender acted negligently but didn't hurt the plaintiff, this element fails.
• Damages. These are the losses for which the plaintiff will pursue financial compensation. A few of the most common damages are medical expenses, lost wages, lost earning capacity, and pain and suffering. The nature and amount of damages are fiercely contested in the majority of personal injury cases.

Potential Damages In a Personal Injury Claim

The goal of a personal injury claim is to make the plaintiff whole through 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 wages. While you recuperate or are hospitalized for your injuries, you will lose time from work and, with it, possibly considerable amounts of money. You can ask a court to award you damages to cover this lost income.
• Lost earning capacity. Your career prospects may be cut short or severely limited after a personal injury. An expert witness can help approximate the future income you will miss out on as a result.
• Pain and suffering. These damages account for the pain and psychological stress you will likely experience for some time to come. Although difficult to quantify, they are necessary to catastrophic injury cases.
• Loss of pleasure in everyday life. It might not be possible to enjoy your typical everyday activities, hobbies, and other passions 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 assistance, community, friendship, and sexual relationship between spouses caused 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 discourage 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 cases are subject to what's called a statute of limitations. This establishes a deadline for plaintiffs to file their lawsuits before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock starts to run when the injury takes place.

However, it's best not to delay taking action on your case. Witnesses' memories can diminish with time, evidence will be more difficult to obtain, and you might fail to remember crucial information if you wait too long. If you or a loved one have been hurt, reach out to a dedicated Galveston personal injury lawyer.

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

Suing a defendant almost always means suing an insurance company, like an automobile insurer. Regardless, you can count on the defendant's attorneys pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want a lawyer who not only knows Texas personal injury legislation, but understands how to determine a reasonable value for your claim.

At Dunk Law Firm, we've assisted numerous personal injury clients obtain the compensation they need to recover. We will not accept unjust deals and will defend you from beginning to end. Give us a call or fill out the contact form today to get started on your claim.

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