A bad accident can seriously disrupt your life, and it might be a while before things return to normal. Many people cannot afford things like medical care for their injuries, and they might lose income from missing work. You may file a personal injury lawsuit against those responsible for your injuries. Our team can help you so you get fair financial compensation.
The key characteristic of a personal injury claim is that you have suffered some form of bodily harm. Often, victims are injured in accidents caused by the negligence of others. You should speak to an attorney about your legal options soon, as your time to file a personal injury case is limited and might already be running out. Your damages may be quite significant, and we can help you obtain fair compensation for medical costs, property damage, and other related expenses.
Get a free initial case evaluation by calling Cap City Injury Attorneys at (512) 612-3110 and talking to our personal injury lawyers.
How Do I Know I Have a Personal Injury?
You might have heard people talk about personal injuries, but you might not understand when or how someone has a valid legal claim for damages related to such injuries.
While the phrase “personal injury” is often used to describe many different cases, a personal injury claim must involve physical harm. If you were physically injured because of someone else’s negligence, you may have a personal injury claim.
Injuries can occur in numerous ways, but accidents are a common theme in personal injury claims. Some of the most common accidents in personal injury cases are car accidents, slip and fall injuries, and workplace accidents.
A key element of personal injury cases is that someone else is negligent. You cannot sue for damages if you are fully responsible for your own injuries.
How Long After an Accident Can I Sue for Personal Injuries?
The aftermath of an accident can be overwhelming, and you might be unsure of what to do next. While you should first focus on getting medical care, you should decide on legal action sooner rather than later.
According to the statute of limitations under Tex. Civ. Prac. & Rem. Code § 16.003(a), you may file a personal injury case up to 2 years after the accident. The clock starts counting down on the day of the accident, so time is of the essence.
The longer you wait to file your case, the harder it might be to prove your claims. Evidence may become lost over time, and witnesses or even the defendant might move away. It is best to call a lawyer for help soon after the accident.
How to Prove Personal Injury Claims in San Marcos, TX
Proving your claims in a court of law requires strong evidence demonstrating the defendant’s negligence. Exactly what we need will depend on various factors surrounding your case.
Whatever evidence our personal injury attorneys have, it must be enough to satisfy our burden of proof. In a civil case, the burden of proof is usually a “preponderance of the evidence.” To meet this burden, we must show that it is more likely than unlikely that the defendant is liable for your injuries.
Evidence may consist of almost anything that is relevant to your case and adheres to the Texas Rules of Evidence. Common examples include witness testimony, medical records, security camera footage, physical objects from the accident, and more.
We may obtain much evidence through the discovery process. This process requires both sides of the case to exchange relevant information, allowing us to learn what the other side plans to present.
What Happens if I am Partially to Blame for My Personal Injuries?
A key element of personal injury claims is that someone else is responsible for your injuries. However, fault for accidents is not always black-and-white, and the injured victim might be partially to blame. Even so, this does not necessarily stop you from taking legal action.
If the defendant claims that you are partially to blame, the court may apply proportionate responsibility laws. Texas follows a modified comparative negligence rule, and your damages may be reduced in proportion to your fault. If you are 10% responsible, your damages may be reduced by 10%.
However, this rule can only be pushed so far, blocking plaintifss who are more than 50% responsible from recovering any damages.
Damages Available in San Marcos, TX Personal Injury Cases
The primary goal of many personal injury plaintiffs is to get fair financial compensation. To accomplish this feat, we need to accurately calculate your damages.
A big component of our calculations will likely be your medical costs. Even minor injuries may require expensive medical treatment. More serious injuries may lead to even higher hospital bills, and all these costs should be included in your damages.
Your injuries might get in the way of your ability to work. If you must step away from your job to recover from your injuries, you might lose valuable income. The longer you cannot work, the more money you may claim in your damages.
Many accidents are quite destructive, and you might have lost valuable personal property. For example, you may claim the value of a totaled car after a car accident, or the value of your wedding ring if it was somehow lost in the accident.
Many other damages may not be proven through evidence of cost alone. Your non-economic damages for things like physical pain, mental distress, suffering, and other painful experiences also deserve fair compensation.
How Your Lawyer May Help You with Your Personal Injury Case
Dealing with a personal injury case can be highly complex, and you should seek help from an attorney right away.
Your lawyer can help you with various forms of paperwork and documentation. This might sound mundane, but paperwork is a crucial part of court procedure. If certain documents are not as they should be, the entire case might slow down.
Your lawyer should also assist with coordinating with the court. Hearing dates must be arranged, and the court must be updated about the progress of the case. Not only will your lawyer handle the court, but they should also handle all communications with the defendant, police, and witnesses.
Call Our San Marcos, TX Personal Injury Attorneys to Review Your Case
Get a free initial case evaluation by calling Cap City Injury Attorneys at (512) 612-3110 and talking to our personal injury lawyers.