Austin Personal Injury Lawyers

As a starting point, you might want to know some of the basics of how a personal injury case usually unfolds. Here's a general overview of the main legal principles that describe what you need to prove, when you need to file your case, and some issues that might come up in certain situations.

When filing a personal injury lawsuit, the goal is typically to demonstrate that the defendant was negligent. This is a legal term for carelessness. Generally, you need to prove that the defendant didn't act as a reasonable person would have in the same situation, thereby putting others at unnecessary risk. For instance, a reasonable person probably wouldn't run a red light because they would understand the risk of causing a collision with another vehicle. (In cases like medical malpractice, the standards might be more specific, but the core idea remains the same.) Additionally, it's crucial to establish that this negligence directly caused your injuries.

Sometimes accidents happen because an employee was careless while performing their job. In Texas, if you were injured due to an employee’s actions, you can often hold the employer responsible, even if the employer didn’t do anything wrong. This is because employers are generally liable for the actions of their employees in the scope of employment. There are also situations where the employer may have played a role in the accident. For example, if the employer hired someone who was known to be a safety risk or didn’t provide proper training or supervision, they could be at fault as well. Suing an employer can be useful because they usually have more insurance coverage and resources than an individual employee.

In certain situations, an injured person can benefit from a rule called "strict liability." This is particularly relevant in cases involving defective products. With strict liability, you don't need to prove that the defendant was negligent. For instance, if you're suing a manufacturer for a product with a manufacturing or design defect, you only need to show that the defect exists and that it caused your injuries.

Violent crimes such as assault can result in personal injury cases known as "intentional torts." In these cases, you can seek compensation from the perpetrator by proving that their deliberate actions caused your harm. You don't need a conviction in the criminal case to win a civil lawsuit. The standard of proof is lower in civil cases, meaning you only need to show that it's more likely than not that the perpetrator is responsible for your injuries.

In Texas, there's a specific deadline for filing a personal injury lawsuit, known as the statute of limitations. Typically, you have two years from the date of your injury to file your case. Meeting this deadline is crucial because if you miss it, the defendant can likely have your case dismissed, regardless of how strong your case is or how severe your injuries are. So it's important to act promptly to protect your right to seek compensation.

Beyond the legal deadline, there are practical reasons why you shouldn't wait too long to assert your rights. To prove the defendant's fault and the damages you suffered, you'll need various forms of evidence. Some evidence, like surveillance footage of the accident scene, may not be available if you delay. Additionally, the memories of eyewitnesses can fade over time, making it harder to get accurate accounts of what happened.

A common concern after an accident is whether you can still get compensation if you were partly at fault. The good news is that you often can. Texas follows a "modified comparative fault" rule, which means you can receive compensation as long as you were no more than 50 percent at fault for the accident. Your compensation will be reduced by your percentage of fault. For example, if you were injured in a slip and fall accident where the property owner was 70 percent responsible and you were 30 percent responsible, you could still recover up to 70 percent of your damages from the property owner or their insurance.

You may have heard about "damages caps" in some states, which limit the amount of compensation a victim can receive in a personal injury lawsuit. In Texas, there are no damages caps for most personal injury cases. However, there are exceptions. For instance, in medical malpractice cases, there is a cap on non-economic damages, which means there's a limit to how much you can receive for intangible harm like pain and suffering from a healthcare provider. Additionally, if a government entity caused your injuries, there are specific limits on the amount of compensation you can receive.

When dealing with claims against the government, there are additional specifics to understand besides the damages cap. If you believe a government employee or entity caused your accident, you need to act quickly. You must file a notice of claim with the government within six months of the accident. Failing to meet this deadline means you can't sue the government later, even if you file within the general two-year statute of limitations for personal injury cases. The judge will dismiss your case if you missed the notice of claim deadline.

Pursuing a personal injury case in court can be lengthy, expensive, and highly stressful. Since you never know what a jury will think about the evidence, even what seems like a strong case isn't necessarily a guarantee of victory. This uncertainty commonly encourages injured parties to reach a settlement with an at-fault party or their insurance company. In a settlement, the injured person relinquishes their legal claims against the at-fault party in exchange for a predetermined sum. This spares everyone from the concerns involved in leaving the final result to a jury whom they don't know.

Choosing a settlement offers other benefits. It generally wraps up faster than a trial, reducing both emotional strain and the time that you need to expend. It also ensures quicker compensation for medical costs, lost wages, and other damages, which can help you focus more on recovery. However, rushing to accept a settlement can be problematic. Insurers often begin negotiations with a low figure to limit costs and conclude the case quickly. Before agreeing to any amount, it is essential to think about whether it covers current needs as well as potential future expenses.

Settling prematurely can lead to underestimating the long-term impact of injuries. If the harm is severe, it may be prudent to wait to resolve your case until you know whether there are lasting physical limitations, ongoing medical requirements, or negative effects on your career and the activities that you enjoy. You probably won't be able to go back and ask for more damages later if you find out that a settlement isn't enough.

When dealing with an insurance dispute or serious injuries requiring substantial compensation, seeking a lawyer's help is critical. The opposing side probably has experienced legal counsel working to reduce their liability, so hiring your own attorney helps ensure fair treatment.

Your lawyer will gather the necessary proof to show who is responsible and to detail both financial and non-financial losses. These might involve pictures or videos of what happened, statements from witnesses who were there, medical files confirming the seriousness of your injuries, and records of treatment costs and reduced earnings. Experts can weigh in on your long-term medical situation and how the injuries could affect your career or daily life. Even observations from family or friends can underline how much the injuries have changed your overall well-being.

As you review settlement offers, your attorney's input can help you assess whether they are reasonable. They will outline any pros and cons, but you make the final call on whether to settle or move forward to trial.

If you do go to trial, your lawyer's role is central. They handle tasks such as selecting jurors, presenting proof, questioning witnesses, and arguing before the court. They also keep you on track with critical deadlines and avoid procedural errors that might derail your case if you were on your own. Having an attorney manage all of these complexities and potential headaches can put you on a faster track to recovery.

Finding the right personal injury lawyer in Austin or one of the surrounding communities can feel daunting because there may seem to be countless choices. Online platforms like the Justia Lawyer Directory can help you compare and narrow down options, making it easier to decide who might be the best match for your situation.

Relevant experience is especially important in personal injury law, which encompasses several distinctive areas of focus. You should look for an attorney familiar with cases like yours. If you're bringing a claim against a doctor, for instance, it's wise to hire someone who has effectively handled medical malpractice lawsuits. If a defective product caused your injury, seek out a lawyer experienced in products liability actions.

Many law firms display their past case results on their websites, but while these statistics can be useful, they only paint part of the picture. Reviews from former clients often provide valuable insight into an attorney's communication style and overall manner. Meanwhile, endorsements from other lawyers in the community can signal strong ethics and professionalism.

It's also a good idea to check an attorney's history with the State Bar of Texas, which can help you avoid lawyers who have frequent ethical problems or major disciplinary issues. While a single minor infraction may not be too concerning, repeated or serious misconduct signals that you should be cautious.

In most instances, personal injury attorneys offer a free consultation, so you can gather different opinions about your case. During these conversations, you should think about not only what the lawyer says but also how comfortable you feel interacting with them. An attorney-client relationship can fully succeed only if there's trust, candor, and a smooth personality fit.

When you think of a personal injury lawsuit, the first thing that comes to mind is probably motor vehicle collisions. These could involve two cars striking each other, or a car colliding with a truck or another commercial vehicle. Some dangerous motor vehicle accidents involve collisions between cars or trucks and people such as motorcycle riders, bicyclists, and pedestrians, who have no protection from the impact. However, there are many other types of events that can lead to personal injury cases as well. These include:

• Medical malpractice: a healthcare provider did not meet the standard of care for their profession
• Slip and falls: a property owner did not reasonably address a hazard on their property that caused an injury to a visitor
• Products liability: a manufacturer released a product into the market that had a dangerous flaw
• Nursing home negligence or abuse: the staff at a nursing home failed to provide proper care to an elderly resident, or even intentionally harmed them
• Dog bites: someone's pet caused an injury to another person
• Assault: could involve any type of fight or attack that someone else instigated

If you're injured on the job, you might be eligible for workers' compensation benefits. However, it's important to know that Texas doesn't require employers to have this coverage. If your employer doesn't have workers' compensation, you can file a personal injury lawsuit against them. On the other hand, if your employer does have workers' compensation, you generally won't be able to sue them. Instead, you'll receive certain benefits regardless of who was at fault. These benefits typically include reimbursement for medical bills and a portion of your lost wages.

Workers' compensation benefits don't cover pain and suffering or other non-economic damages. If your employer has workers' comp insurance, you can't sue them for additional damages. However, it's worth investigating whether a third party might have been partly responsible for your injuries. If someone like a contractor or equipment manufacturer played a role in your accident, you may be able to file a lawsuit against them. This way, you can pursue a full range of economic and non-economic damages.

A study of amounts awarded by Texas juries in personal injury cases revealed that the average amount was over $800,000. This can be misleading, though. A small number of very large awards can produce an average that doesn't really reflect what the vast majority of personal injury plaintiffs get. The median might be more useful because this is the number that is greater than half the awards and less than the other half. According to the study, the median was about $12,000, which is much less than the average.

Some of the most memorable verdicts and settlements from recent Texas personal injury lawsuits include:

• $37.5 million when the driver of a Ford service vehicle got distracted behind the wheel and failed to brake before hitting a disabled 18-wheeler, causing fatal injuries to the truck driver
• $21 million when mistakes during a surgery for a broken leg resulted in oxygen deprivation and brain damage
• $18 million when a toddler drowned in a swimming pool at an apartment complex where the pool gate was not properly secured
• $10.5 million for a crushed leg in a workplace accident that resulted from a defectively designed forklift without adequate safety features
• $3.5 million in a negligent security case when an apartment resident was killed in the parking lot during an attempted robbery after the perpetrators drove onto the premises through an entry that didn't have a gate
• $500,000 for two people who were severely injured when a truck driver ran a red light and hit their vehicle

You shouldn't necessarily expect to get the same amount as what someone else got in a case that sounds like yours, though. Each personal injury case is different. You can talk to your lawyer about what they think might be a reasonable amount of damages in your situation.

The Texas Department of Transportation provides information about the rate of motor vehicle collisions in cities across the state. The data show that Austin had 12,138 total crashes in 2023. These included 88 fatal crashes, 406 crashes that caused suspected serious injuries, and 2,615 crashes that caused suspected minor injuries. Some more specific statistics relate to drunk driving. The data showed that 999 crashes related to drunk driving occurred in Austin in 2023. These included 15 fatal crashes, 54 crashes that caused suspected serious injuries, and 187 crashes that caused suspected minor injuries.

In Travis County overall, the data showed that there were 17,405 crashes in 2023. These included 149 fatal crashes, 565 crashes that caused suspected serious injuries, and 3,523 crashes that caused suspected minor injuries. There were 1,268 crashes related to drunk driving in 2023, including 30 fatal crashes, 71 crashes that caused suspected serious injuries, and 236 crashes that caused suspected minor injuries. Further Travis County statistics showed that there were over 3,500 crashes involving speeding, nearly 5,500 crashes involving distracted driving, and nearly 1,000 crashes in work zones.

The Texas Department of Transportation also analyzes data of car crashes at intersections throughout Austin. In 2023, the following 10 intersections were major hot spots in the city:

• U.S. Route 183 and U.S. Route 290 (61 crashes)
• I-35 and U.S. Route 290 (36 crashes)
• Texas Route 183A and Lakeline Mall Drive (34 crashes)
• I-35 and U.S. Route 183 (33 crashes)
• Texas Route 71 East and South FM 973 Road (27 crashes)
• I-35 and Texas Route 71 (26 crashes)
• Loop 1 and U.S. Route 290 (26 crashes)
• I-35 and East 11th Street (25 crashes)
• I-35 and East Cesar Chavez Street (25 crashes)
• I-35 and East Riverside Drive (23 crashes)

Many of these intersections involve freeways or other roads with high volumes of traffic that may be traveling at high speeds. However, it's always good to keep a careful lookout whenever you're nearing an intersection. A moment of inattention could cause serious harm.

One of the key pieces of evidence in a claim or lawsuit after a car crash is usually the police report compiled by the officer who responded to it. If you're considering legal action, you should get a copy of the report. You can purchase a crash report produced by the Austin Police Department through the city website. The Texas Department of Transportation also provides a Crash Report Online Purchase System where you can purchase certified copies of a report.

If you suspect that a doctor didn't provide you with competent care, you can bring your concerns to the Texas Medical Board. Meanwhile, the Texas Health and Human Services Commission handles complaints involving problems at a hospital or a nursing home. (These actions don't substitute for bringing a lawsuit. They're a separate way of holding a healthcare provider or facility accountable.)

People injured in crimes may want to consult the Victim Services Division of the Austin Police Department, which provides counseling, advocacy, referrals, and more. The Victim Services Unit of the Travis County Sheriff's Office also provides services and support to people who have been affected by crimes. Victims of certain violent crimes can seek reimbursement for related expenses from the Crime Victims' Compensation fund, which is managed by the Office of the Texas Attorney General.

Meanwhile, the Texas Department of Insurance provides useful information for people who are dealing with an injury or illness related to their work. You can explore these resources to learn more about the process of reporting an injury, getting a doctor, and pursuing benefits, among other issues. The Department of Insurance also operates a hotline at 800-452-9595, which you can call if you have concerns about the safety of your workplace.

1. How much will it cost to hire a personal injury lawyer?

   Hiring an attorney for your personal injury case likely won't cost you anything upfront. Most personal injury lawyers work on a contingency fee basis. This means they only get paid if they win your case, taking a percentage of the money they recover for you. Typically, this fee ranges from 25 to 40 percent of your settlement or award. Keep in mind that, if your case goes to trial, the percentage might be on the higher end compared to settling out of court.

2. What damages can I get in a personal injury case?

   In a personal injury case, damages typically include both economic and non-economic losses. Economic damages cover tangible costs like medical bills, future treatment expenses, lost income, and property damage. These are the direct financial losses you experience due to the injury. Non-economic damages address intangible harm, such as physical pain and suffering, mental or emotional distress, and other effects on your quality of life. In some extreme cases, you might also be awarded punitive damages. These are designed to punish the defendant for particularly egregious behavior and to deter others from acting similarly.

3. When is a dog owner liable for a bite in Texas?

   In Texas, the laws around dog bites are a bit different from many other states. Texas doesn't have a strict liability statute for dog bites. Instead, Texas follows the "one-bite rule." This means a dog owner can be held liable if they knew or should have known that their dog had dangerous tendencies, such as if the dog has bitten someone before. Additionally, a dog owner can be held responsible if they were negligent in managing their dog.

4. What if I'm hit by a driver who didn't have insurance?

   If you have uninsured/underinsured motorist coverage included in your auto insurance policy, you can file a claim with your insurer. Texas requires insurers to offer this coverage, although you have the option to decline it. Keep in mind that even though you have a contract with your insurance company, they may not always prioritize your best interests during the claims process. It might be beneficial to hire a lawyer to help with negotiations and ensure you receive the compensation you deserve. If you don't have uninsured motorist coverage, you can still sue the at-fault driver if they are identified. However, they might not have sufficient assets to cover your damages.

5. Can I sue if my spouse was killed in an accident?

   Yes, you can file a wrongful death lawsuit against the person responsible for an accident that resulted in your spouse's death. This type of claim can also be brought by a child or parent of the deceased. If a spouse, child, or parent doesn't take legal action within three months, the executor or administrator of your spouse's estate has the right to pursue the claim.