Austin Personal Injury Lawyers
Experienced Personal Injury Attorneys in Austin
Injuries happen every day, and every location imaginable, including in the workplace, the home, on the road, in hospitals, public parking lots, and business establishments. According to the National Safety Council (NSC), unintentional injuries cost more than $790 billion a year. The NSC reports that prescription painkillers have made poisoning currently the number one cause of unintentional death in the U.S.
If you have been injured through someone else’s negligence, you may be entitled to file a claim for damages. At the law firm of Byrd Davis Alden & Henrichson, LLP, we help injured people pursue full and fair compensation for the injuries they have suffered.
Personal Injury FAQ
This is a very popular question and the answer varies. It is difficult to generate a timetable for personal injury claims. Some claims that are not taken to trial take a few months to complete. However, some claims take years to complete. Every personal injury claim is unique, the circumstances are different as well as the parties involved.
The answer to this question depends largely on the details of the case. The severity of your injuries, type of insurance you have, and the actions of both parties that lead to the incident all hold weight when determining the outcome. Possible types of compensation include:
- Medical bills
- Current pain and suffering
- Future pain and suffering
- Loss of income
The attorney you hire will be able to predict the strength of your claim. They may also be able to offer a rough estimate of how much compensation you can receive. Other factors involved independent of the incident may influence the outcome. Factors such as your criminal record, employment history, age, and lifestyle may be considered when determining your amount of compensation.
When selecting an attorney to represent your case, it is always within your best interest to hire someone who works on a contingency basis. This means that your representative will not receive payment for their services until your case has been won. The actual cost of lawyer fess varies from firm to firm.
The sooner you file, the better. Most states operate under a “statue of limitations”. This means that after an established period of time, you are not able to receive compensation for that particular incident. For this reason, immediately after the incident contact a personal injury lawyer. Injured victims have a short window of time to file claims, file as soon as you can.
Once again this depends heavily on the laws of that state or jurisdiction. Most jurisdictions still allow you to file a claim if the incident was partially your fault. Very few places do not allow those partially at fault to file. Although some jurisdictions allow you to file the compensation may be reduced if you contributed to your injuries.
What Is the Statute of Limitations in Personal Injury Cases?
The statute of limitations is the time limit placed on your right to file a lawsuit in a personal injury case in Texas. If you fail to file a lawsuit before the statute of limitations expires, you lose the right to take legal action. An experienced personal injury lawyer can review your case and determine whether it qualifies for an exception that extends the time limit.
Every state sets its own time limits. In Texas, the statute of limitations in a personal injury case is two years from the date that a person’s injury occurred. If the case involves a wrongful death, the statute of limitations expires two years from the date of the death.
In some cases, you cannot discover an injury until after a significant period of time has passed. An example is mesothelioma from asbestos exposure.
If you are in that situation, the discovery rule may apply. The statute of limitations will start to run when you discover your injury or when you reasonably could have discovered it.
In medical malpractice cases, the discovery rule usually does not apply. There are some exceptions, but medical malpractice has a two-year statute of limitations like other personal injury cases.
However, if you can prove that the medical professional deliberately hid the malpractice injury, there may be an argument for applying the discovery rule.
Another way the statute of limitations can be extended in a personal injury case is if the conditions necessary for “tolling” are met.
If the injured party was a minor at the time of the injury, the time limits will be “tolled” until the child turns age 18. When the child reaches that age, the two-year statute of limitations will start to run. There is an exception to this rule for medical malpractice cases involving minors.
The same “tolling” rule applies if the injured person was not mentally competent to bring a case at the time the injury occurred. The statute of limitations can be tolled until the injured person is able to assist in the personal injury case.
You can count on the defendant in a personal injury case to raise the statute of limitations, if possible, try to get your lawsuit dismissed. You should never assume the discovery rule or tolling will apply to your case.
For this reason, you should take action as soon as possible and get in touch with an experienced Austin personal injury lawyer. At Byrd Davis Alden & Henrichson, LLP, we can review your case immediately and help you to determine whether the statute of limitations has run and, if so, whether any exceptions apply to your case.
Notable Personal Injury Settlements and Verdicts in Texas Cases
The following are some of the verdicts and settlements our firm has won for our personal injury clients:
Injury Matters Our Firm Handles
If you have suffered personal injury in Austin or the surrounding area, you need a seasoned personal injury attorney who can negotiate skillfully on your behalf and who is not afraid to go to trial if necessary. Our firm handles a wide range of injury cases, including:
Experienced Austin Personal Injury Attorneys with a Successful Track Record
Byrd Davis Alden & Henrichson, LLP was established in 1959 and we are now the oldest personal injury law firm in Austin. Our lawyers have been listed among Texas Super Lawyers®, awarded Martindale-Hubbell® AV Preeminent® Rating, and named among the Best Lawyers® by US News & World Report as listed below. We have been doing first class work for more than 50 years, building a top tier reputation.
Our firm is dedicated to great client communication, attention to detail, and hard work. We treat every case with the care and attention our clients deserve. Our history of success in the courtroom gives us leverage to negotiate fair settlements on behalf of our clients. When you need a seasoned and dedicated lawyer to represent you in a personal injury matter, contact us.
• National Safety Council: Press Release