Austin Personal Injury Lawyer – Carabin Shaw
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Personal injury, or tort law, provides financial compensation to a person who has been harmed as a result of negligence or intention. Personal injury cases investigate two questions: what is the extent of the damages and who is responsible? A personal injury lawyer asks who is responsible for damage to your person (body or mind) and seek to hold that person or persons accountable. In these cases, there is the plaintiff, or one making the claim, and the defense. The most common types of personal injury cases include:
- Car Accidents: The most common cause for personal injury lawsuits
- Medical Malpractice: When a medical professional’s poor training and practice cause harm
- Assault: A physical or emotional attack resulting in physical or emotional harm
Personal injury cases are based on arguments about negligence, intention, or liability of the defense. A personal injury must include damages to the plaintiff. If you feel you have experienced any one of these, the Austin accident personal injury lawyer at Carabin Shaw is waiting to take on your case.
Personal Injury Cases
Attorneys can help settle cases of personal injury in Austin, Texas. Personal injury cases seek out financial compensation for damages done to the plaintiff. The most common personal injury cases include car accidents and medical malpractice. In 2017, over 17,500 people sustained serious injuries due to a car crash in Texas alone. There were over 3,000 fatalities, and over 400 of them were caused by distracted driving. Additionally, there were nearly 600 successful medical malpractice claims in Texas in 2017.
Personal injury cases explicitly deal with damages done to the individual as opposed to property, such as a vehicle or house. If you have experienced harm as the result of negligence or intention, you may qualify to pursue a personal injury case. Here are some questions to consider before pursuing a personal injury case:
- Did you suffer personal injuries? The law defines personal injury as an injury to your body, mind, or mental state (anxiety, anguish, pain)
- Are the injuries a result of one’s negligence or intention? Negligence is a disregard to
- Duty: legal obligation
- Breach: Violation of duty
- Cause: The breach of duty must cause harm
- Harm: Harm caused to the plaintiff by the defendant
- Did you undergo damages? Damages mean that you have suffered physical, mental, or financial harm
If you can answer these questions and believe you have a case for personal injury in Austin, Texas, a personal injury attorney with Carabin Shaw can support you through the legal process.
What Happens in a Lawsuit?
If you decide to pursue a personal injury claim, the first step is to acquire a personal injury attorney in Austin. Firstly, plaintiffs, or the individual filing a claim, must follow the statute of limitations. This means that plaintiffs have a limited time in which they can file a lawsuit against the defense. The statute of limitations differs depending on the crime, so it is best to find a proper attorney as soon as possible to consult on your case. Lawyers for both sides obtain information from all parties, even witnesses, through verbal and written interviews and depositions. This process is called, “discovery.”
After discovery, the case could then go to trial. However, only about four to five percent of personal injury cases make it to this stage. The majority of personal injury cases are settled during pretrial and typically end with a settlement. A settlement is when the defense makes financial reparations to the plaintiff in exchange for the plaintiff dropping the charges against them. Winning a case means that a judge awards damages, or money, to you to cover expenses, such as medical bills, or compensation for emotional or physical harm. The Carabin Shaw personal injury defense lawyers in Austin will work toward the appropriate financial compensation for your case.