Austin Personal Injury Lawyer

There are typically two forms of damages available after an accident in Austin. Economic damages represent financial losses. Non-economic damages represent personal, non-monetary losses.

Economic damages compensate for:

• Past and future medical expenses
• Lost wages from missed work
• Diminished earning capacity
• Physical therapy
• Rehabilitation
• Out-of-pocket expenses
• Property damage

Non-economic damages compensate for:

• Pain and suffering
• Anxiety
• PTSD
• Emotional distress
• Disfigurement
• Reduced quality of life and loss of enjoyment of life
• Loss of consortium

Rare personal injury cases may qualify for punitive damages. Rather than compensate for a victim’s losses, these damages punish the defendant for gross negligence or intentional misconduct.

Compensatory damages are the main form of damages in a personal injury case. They are made up of economic and non-economic damages. These two categories of compensatory damages compensate injury victims for losses they’ve experienced after an accident.

Punitive damages are another form of damages available in select personal injury cases. They do not compensate a victim. Rather, they punish a defendant for gross negligence or intentional misconduct that causes an injury. They are meant to deter the defendant from engaging in similar misconduct in the future and send a message to society that the behavior is unacceptable. 

The value of your case is unique. A few common factors will influence the value of your case:

• Available insurance coverages
• Your medical expenses
• The extent of your lost income and diminished earning potential
• The pain and suffering you’ve experienced after the accident
• Whether you share fault for your injuries
• The strength of your evidence

Some claims may require the evaluation of financial experts to understand their worth.

Most personal injury lawyers work on contingency. Under this arrangement, a lawyer only charges fees if they recover compensation for you. If they fail to obtain a settlement or verdict in your case, you don’t owe any money. If they are successful, you will pay them a pre-agree-upon percentage of your award (usually 33% to 40%).

Moreover, most injury attorneys offer free consultations. Therefore, it costs virtually nothing up-front to get the legal representation you need after your accident.

Texas places time limits on your ability to file a claim after an accident. These time limits are called statutes of limitations. If you fail to file your claim within the statute of limitations, you will be barred from recovering compensation in court.

In most cases, you’ll have two years to file a lawsuit after your accident. This deadline applies to personal injury and wrongful death claims. Contact FVF Law for help calculating the statute of limitations in your case.

Over 90% of personal injury cases settle before trial. However, when they settle and for much they settle depends on the facts of the case.

Cases that involve minor injuries and damages tend to settle the quickest. Insurance companies will typically resolve these claims in a matter of weeks or months.

Cases involving moderate to serious injuries can take longer to settle, anywhere from a couple of months to a year, depending on when you reach maximum medical improvement (MMI).

If you cannot resolve your claim during the insurance process, you might need to file a lawsuit.

These cases will typically take the longest to settle, as a lawsuit requires court appearances, discovery, and, ultimately, trial.

Lawsuits can take a year or more to settle in some cases.

Yes. In fact, most personal injury cases settle — over 90%. Many cases settle during the insurance claims process before a lawsuit is ever filed. In these instances, an insurance company recognizes that they are liable for your damages related to an accident. They then offer a settlement agreement that covers your medical expenses, lost wages, and other losses related to the accident. 

However, if the insurance company denies your claim or refuses to agree to a fair settlement, you might be forced to file a lawsuit. A lawsuit may be the only way for you to recover compensation from the insurance company, but initiating a lawsuit doesn’t prevent you from settling your case later on. Typically, you can settle your case before trial — and sometimes even during jury deliberations.

The negligence laws that could affect your injury claim include:

• Statute of limitations.  You’ll typically have two years to file a negligence claim after your accident.
• Comparative fault. Texas has modified comparative negligence laws. If you share fault for your accident, a court or jury will reduce your compensation. If you share more than 50% of the fault, you cannot recover compensation.
• At-fault insurance laws. This is an at-fault insurance state when it comes to auto accidents. After a collision, you will file a claim against the at-fault driver or their insurer to recover compensation for your medical bills, lost wages, and other damages.

Other negligence laws may come into play depending on the facts of your case. Contact our attorneys for more information. We’ll fight to get you the money you deserve.

Texas is an at-fault state for auto accidents and auto insurance. All Texas drivers must purchase minimum amounts of bodily injury liability and property damage insurance in case they cause an accident. If you get into a motor vehicle accident, you will make a claim against the at-fault driver’s insurance company to recover compensation for your damages related to the accident.

Some states are “no-fault” states. In these states, you have to buy Personal Injury Protection (PIP) insurance. If you get into a car accident in such a jurisdiction, you would file a claim with your own insurer under your PIP policy — regardless of who caused the accident. You can typically only file a claim against the at-fault driver if you suffer “serious injuries.”

Comparative negligence, also known as “contributory fault,” is the law’s way of dealing with injury cases where there is more than one at-fault party. Texas has modified comparative negligence laws with a 51% bar.

If you share fault for your accident, you can recover compensation for your damages so long as you are not 51% or more to blame for the incident. If you share more than 51% of the fault, you will be barred from recovering damages. If you share less than 51% of the blame, your damages will be reduced to account for your percentage of fault. 

If you’re unsure about whether you can get compensated for your damages and injuries, contact an Austin personal injury lawyer at FVF and we’ll guide you and give you all your options.