Have you been hurt in an accident that was caused by someone else?
Hiring a Personal Injury Lawyer In Austin
Are you worried that you aren’t going to be treated fairly by “the system”?
For more than 20 years, the Austin Personal Injury Lawyers at Funk and Associates have represented clients who have suffered serious personal injury or even death as a result of other people’s negligence.
Our firm is selective in the cases that we take on. This means we have the resources that it takes to maximize the money awarded for the injury suffered.
Our goal is to see our clients in and around Austin and Central Texas treated fairly—NOT to see them accept lowball offers from the other guy’s insurance company.
Here are some common questions we’ve answered over the years, as well as some things you should know as you consider whether or not to pursue legal action.
Let’s get started …
How Do I Know If I Have a Personal Injury Case?
If you have been injured as the result of the negligence of another person or company, liability and damages are the two main bases to establish whether or not you have a case.
Explanation of Liability
Liability refers to the legal obligation for an injury or accident. In personal injury cases, proving liability means demonstrating fault on the part of another individual, a company, or even a governmental entity. Evidence supporting liability can include eyewitness accounts, medical documentation, video recordings, and expert analyses. There are instances where liability might be attributed to multiple parties, such as in accidents involving multiple drivers. And yes, since Texas is a comparative negligence state, you can be partially liable and still have a case.
Explanation of Damages
Damages pertain to the financial compensation to which the injured party (that’s you) is entitled. These damages may cover expenses like medical bills, lost earnings, and the intangible effects like pain and suffering. To secure damages, you must not only establish that an injury happened but also provide evidence regarding its severity and its impact on your life.
Personal injury cases typically involve two primary types of damages: economic and non-economic. Economic damages are quantifiable losses that can be clearly measured in monetary terms, things like medical expenses and lost wages. Non-economic damages are subjective … They include intangible things like emotional distress, pain and suffering, and the loss of life’s pleasures.
Connection Between Liability and Damages
Liability and damages are different, but they are closely connected. To be awarded damages, the injured party (again, that’s YOU) must first establish liability by demonstrating fault on the part of another person or entity. Subsequently, the amount of damages awarded hinges on the severity of the injuries sustained and their impact on your life.
And that impact is not always easy to measure!
You need to understand that assigning liability for an accident doesn’t automatically imply full responsibility for all damages. Your recovery may be affected by pre existing injuries, the percentage fault you may have in the accident, the damage rating of your vehicle, to name just a few. Also, the money you are awarded can significantly vary depending on the unique circumstances surrounding the case.
Here’s the short version:
To file a personal injury claim in Austin, the plaintiff (you) must be able to prove that the defendant is liable for the injuries. Next, you must prove the nature and the extent of the damages.
If these two elements can be proved, you may have a case and we recommend you contact Austin’s best personal injury lawyer to discuss it. Let us figure out the third element of every case….Is there money to go after? Does the other side have insurance or assets to compensate you for your injuries.
How Do I Pick the Best Personal Injury Attorney for My Case?
When choosing a personal injury lawyer, you have to ask the right questions to make sure you find an attorney who is experienced, qualified, and a good fit for your needs.
In case you end up consulting with one of our Austin personal injury competitors, here are 13 questions you might want to ask them:
- What is your experience with personal injury cases?
- What percentage of your practice is devoted to personal injury cases?
- How many cases like mine have you handled?
- What is your success rate in settling or winning personal injury cases?
- What types of settlements or verdicts have you achieved for clients with injuries like mine?
- How do you communicate with your clients and keep us informed about our case? Text, email, phone calls, or something else? How often do you communicate with your clients?
- What fees do you charge? Do you work on a contingency fee basis, which means you only get paid if you win the case, or do you charge hourly or flat rates?
- Which attorney in your firm will be handling my case?
- How long do you think my case will take to resolve, and how do you plan to expedite the process?
- Do you have references or testimonials from previous clients?
- Can you negotiate with the insurance company on my behalf?
- Do you think my case will need to go to trial?
- What is your approach to settlement negotiations, and how do you balance the need to protect my interests against the “other side’s” legal and insurance team?
What Damages are Subject to Compensation in a Texas Personal Injury Case?
Second, we need you to understand that every case is different. You need to take everything we write with a grain of salt and contact us for a consultation so we can talk about the specifics of YOUR accident.
Yes every case is different … But the most common damages claimed in an Austin-area personal injury lawsuit include pain and suffering endured as a result of the injury, the loss of wages related to the injury and cost of current and ongoing medical expenses.
How do we determine your medical expenses? This depends on the nature and severity of your injuries. These expenses include:
- Emergency medical treatment
- Hospital stays
- Surgical interventions and other medical procedures
- Consultations with physicians
- Prescription medications
- Medical aids and devices for mobility
- Therapy sessions, including physical, occupational, and speech therapy
When pursuing a personal injury claim, you MUST seek reparation for past, ongoing, and anticipated future medical costs.
Once you reach a settlement or win your lawsuit, it’s too late to claim additional compensation for future medical expenses from the responsible party.
To gauge future medical expenses accurately, your doctors and other experts can provide assessments and testimony. See the “How Can a Personal Injury Lawyer Help?” section below for more about how we use this expert testimony on your behalf.
How is the Value of ‘Pain and Suffering’ Determined in a Texas Personal Injury Claim?
“Pain and suffering” are non-economic damages caused by the negligence of the defendant.
Under Texas law, the amount that can be recovered for pain and suffering depends on many factors, such as:
- The liability of the defendant
- The severity and permanency of your injury
- The loss of income as a result of the injury
In evaluating your case, your attorney will compare monetary awards from similar cases he or she has handled in the past.
If your case is settled out of court, he or she will negotiate the amount of the compensation for pain and suffering with the defendant.
If your case goes to trial, the jury will decide what amount will be awarded for pain and suffering. Your attorney will present expert testimony by physicians and other experts. And since each case is different, the experts retained by your attorney will depend on the facts of your particular case.
How Much Does It Cost To Consult With an Austin Personal Injury Attorney?
To discuss a potential case, a consultation with a personal injury lawyer is free.
Why is this? Well, personal injury lawyers usually handle cases on a contingent fee basis. It means that a personal injury lawyer doesn’t charge by consultation but will take a percentage on the amount recovered.
How Can a Personal Injury Lawyer Help?
Throughout the years, our personal injury attorneys have proudly represented Austinites and their families. These are men and women like you who have suffered injury caused by the negligence or recklessness of others.
At Funk and Associates, we understand how devastating and overwhelming it can be to deal with mounting costs and suffering caused by serious personal injury.
You (the plaintiff) must prove both liability and damages. Each case has its own set of associated damages, including pain and suffering, lost wages, the cost of care and many other monetary costs and these must be clearly demonstrated.
That’s why we retain experts from the various disciplines involved in the case from chiropractors to medical doctors and other experts such as accident reconstructionists.
Our personal injury lawyers will meticulously document and preserve any evidence necessary to prove your case and prepare your case for trial.
Don’t Accept the Insurance Adjuster’s First Offer!
Between vehicle damage, medical bills, and lost wages, there are a lot of expenses you’ll be facing. A settlement offer from the insurance might seem like a relief.
But insurance companies are known for making lowball offers. The settlement they propose probably won’t cover all your medical expenses and future treatments. If you settle prior to reaching your full medical recovery, your settlement may not be enough to cover your complete medical bills, lost wages and the additional pain and suffering you will face.
Look beyond immediate financial relief and consider future costs like ongoing physical therapy, pain management, adaptive medical equipment, and counseling for issues like PTSD.
A skilled personal injury attorney can help you negotiate a settlement that ensures you won’t be left covering bills that the responsible party should be paying.
Don’t rush into accepting the first offer; seek legal advice to ensure your settlement truly meets your current and future needs.
Don’t Hurt Your Personal Injury Case Through Social Media
Social media can have a devastating effect on the outcome of your case. Anything you post on can be used by the defendant’s claims adjusters or attorneys to lower your compensation.
We always ask our clients not to discuss their case on social media. Don’t post pictures of your activities while your case is open. You should also be mindful of what your family and friends are saying or posting about you on Facebook, Instagram and elsewhere.
If you are claiming devastating injuries but have a social media posting that suggests otherwise, your case could be negatively affected.
Call Funk and Associates Today
Over the years our results for personal injury victims in Central Texas have been unsurpassed. Call us at 512-472-3865 for a free consultation, or fill out our easy online form.
Remember: We’re here to fight for fairness. We’re here to fight for YOU!
