Personal Injury Law

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If you have suffered an injury through an accident or negligence of others, Funk & Associates is here for you. Our accident attorneys in Austin handle a variety of personal injury cases including car accidents, product liability cases, limited medical malpractice claims, and other injury cases.

What is Personal Injury?

Personal injury law has been put in place by state and federal governments to protect you against any physical or emotional injury you may have from a car accident, product liability, animal attack, premises accident, healthcare provider negligence, airplane accident and other physical injuries caused by the negligence of another. You can receive compensation for damages if someone has treated you with carelessness, recklessness, intentional actions, or negligence.

Also called tort law, there are three conditions that must be met for you to succeed in a personal injury claim. One is a legal duty between you, the plaintiff and the person who injured you, the defendant. Two is a breach of that legal duty, and the third is an injury because of that breach.

Tort Law can Help You

The personal injury laws of our country were enacted to help prevent citizens from harming each other. When someone injures you, they are liable and should pay for your medical bills, pain, suffering, and emotional distress.

An intentional act is planned in advanced to do you harm, and negligence occurs when a person fails to take the proper action to avoid doing you harm. For example, if someone is jealous of your beautiful house and covers it with graffiti, they are intentionally harming your property. However, if someone is speeding in their car and loses control and smash into your house, they are also liable even though they didn’t do it on purpose. The defendant has a duty not to cause injury to another person because that is the law. In both cases, the law was breached because one did intentional harm to your property, and the other didn’t take action to prevent harming your property.

Strict Liability

Personal injury law is the way to find out who is responsible or liable for the injury or damage. The person responsible will have to pay compensation to the person who received the injury. Strict liability is another type of personal injury law. It means that a person or company is responsible even if there is no negligence. It is applied when situations are inherently dangerous. Product liability is a form of strict liability because it is the duty of manufacturers to provide safe products to the public. If a product is toxic or defective when used as directed and that causes injury to people, the company is liable for personal injury without negligence being proved.

What is a Settlement?

A settlement is a negotiated amount of money between the at fault party and you which will hopefully make you whole. Many factors enter into the creation of a fair and equitable settlement. An experienced Accident Attorney in Austin can help you reach a settlement which will cover your medical bills, lost wages, pain and suffering, future medical care, emotional distress, and overall nuisance value of the case.

How to Receive Compensation for Injury?

If you have received a physical injury or damage to your property there are some steps you should take. For physical injury you should immediately get medical care. You should contact the police and call Funk & Associates immediately. I would wait to contact your insurance company, as your comments are likely being recorded and could be used against you. In the case of a vehicle accident, a police report is a very useful tool. The Austin Police Department will usually only complete an accident report if someone in the accident was transported via EMS AND one of the vehicles was towed from the scene. Always be cooperative with the police, your insurance company, and your doctor.

Don’t discuss the situation with strangers or the defendant’s insurance representatives. Don’t post any information about your case or injuries on ANY social media. You may have a legitimate liability claim if your injury was caused intentionally or by carelessness. Your next step should be to call Funk & Associates to determine your best course of action. There is usually a statute of limitation for most personal injury claims, which means if you wait too long to talk to an accident attorney in Austin, you may pass the time limit to file a claim and receive compensation.

If you or a loved one has suffered an injury through accident or negligence, trust that Funk & Associates is on your side.

More Information

Insurance Bad Faith
Insurance Overview
Intentional Acts
Product Liability
Statutes Of Limitations
Personal Injury Damages
Types of Damages
Types of Compensatory Damages
Negligence Overview

Personal Injury Claim Evaluation

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The submission of information to Funk & Associates (“The Firm”) or one of its attorneys does not create an attorney-client relationship, and the receipt of said information does not constitute an attorney-client relationship.  This website presents general information which is not intended to be legal advice, nor should you consider it as such.  Contacting Funk & Associates does not, and should not, prohibit you in any way from seeking legal advice regarding this or any other matter.  This Firm makes no representations, material or implied, of any statute of limitations which may or may not exist.

Frequently Asked Questions

What should I do after a personal injury accident?
If you are involved in a car accident, there are numerous steps you should take to protect your rights, first and foremost, hiring an attorney. An attorney can help take some of the stress of the situation away and facilitate much of the things can seem overwhelming to injured victims.

How do I settle a personal injury claim without an attorney?
You can always settle your personal injury claim without an attorney. The question is, Should you? Insurance companies frequently try and take advantage of individuals immediately following a collision. Insurance companies offer low settlements in the hopes that the “quick cash” will entice someone into settling without knowing their options. Attorneys have a wealth of experience in dealing with insurance companies and can fully explain your options as well as strategies with you before settling a claim. An attorney can also make sure you do not settle too early, and that all of your damages are accounted for in a settlement before the case is closed. Having an attorney is the easiest way to ensure you are protected in a settlement.

How long does it take to get a personal injury settlement check?
Most settlement checks are issued after a release is signed and received by the insurance company. The release officially ends the case. Once a release is signed and received, it will typically take about 7-10 days for a check to arrive in the mail and be available for pick up.

Will my personal injury case go to trial?
The trial process can be a very long, expensive and stressful battle – sometimes taking up to 5 years (usually 1.5-3 years) . A good personal injury attorney will always try and obtain a fair settlement that maximizes value while sparing the injured client the stress of the trial process. If an insurance company refuses to fairly settle a case, sometimes you must go to trial to obtain justice.

Can you fire a personal injury attorney?
Sometimes a lawyer and a client are not a good fit for a variety of reasons. If that is the case, a client may always request their file back to pursue an attorney that is a better fit. In that case, the attorney and client can part ways. You should read your contract carefully. Most contingency contracts have a “Lien” clause, which means that a lawyer MAY assert a lien on the case for services rendered.