Get Faster Results

Get Better Results

Get Your Life Back

Life is too short to be stuck waiting on insurance companies to pay what they owe

The way insurance companies delay paying claims is horrible. Don’t waste another minute.

You were meant for more.

We don’t just care about personal injury law.

We care about you.

Don’t you hate having to wait for your insurance settlement?

It can be terrible when the insurance company constantly make low ball offers. It doesn’t have to be that way. We know how to fix this problem. We have helped hundreds of people. We want to help you.

We don’t just care about personal injury law.

We care about you.

Don’t you hate having to wait for your insurance settlement?

It can be terrible when the insurance company constantly make low ball offers. It doesn’t have to be that way. We know how to fix this problem. We have helped hundreds of people. We want to help you.

3 Steps to Success

1.

SCHEDULE
AN APPOINTMENT

2.

GET EXPERIENCED
LEGAL HELP

3.

GET YOUR
LIFE BACK ON TRACK

Contact Us for a Free Consultation

Let us guide you through the legal process and evaluate your case.  We explain the next steps and share the options that are available to you.

Daniel R. Smith

The Law Office of Joel A Levine, PLLC

1515 W Koenig Lane, Suite 100
Austin, TX 78756

Phone: (512) 675-2271

Personal Injury Attorney Austin, TX

Getting hurt can really shake up your whole life. When it is an accident, you can have a lot of unexpected expenses including mounting medical bills. You may be having a hard time paying these bills if you are missing time at work. Personal injury is a term that covers a lot of ground. There are many types of accidents that our personal injury attorney in Austin, TX, can represent you for. The types of personal injury cases we handle include:

  • Bike accidents
  • Bus accidents
  • Car accidents
  • Construction accidents
  • Dog bite cases
  • Motorcycle accidents
  • Pedestrian accidents
  • Slip and fall cases

All of these incidents can cause life-changing injuries and can leave you feeling really downtrodden. We will help you through every step of your personal injury claim and make sure you are going to be getting every bit of compensation that you deserve.

Types of Injuries and Seeking Medical Attention

Your health is the most important thing following your accident. You need to treat your body as a priority. You have to get to a medical professional as soon as possible. You cannot risk making your injuries worse by avoiding seeking a doctor. You shouldn’t just brush it off as a little pain. Get to a doctor right away and have them assess you. Here are the most common injuries from personal injury cases:

  • Traumatic brain injury or concussion
  • Dislocation
  • Nerve damage
  • Tendon damage
  • Internal organ damage
  • Broken bones
  • Cuts and lacerations
  • Paralysis

As you can see, these injuries are severe and many of them have the potential to cause life-long effects and be permanent in nature. In the worst cases, these injuries lead to death. If you’ve lost someone you love in an accident, please call us to discuss a wrongful death claim. We can help you find justice in this most difficult time.

General Statute of Limitations in Austin, TX

General Statute of LimitationsGenerally speaking, the statute of limitations is the same for every accident in Austin unless it is involving a government entity, then it may be shorter. Your statute of limitations is the amount of time in which you can bring your personal injury claim or settle it in civil court. For everything that does not involve a government entity, you have two years from the date of the accident. Waiting longer than two years is not an option if you want to receive the compensation you deserve. You will be barred from receiving any compensation if you are past the allotted time. It is so important to get to an attorney right away to make sure that you are on track to have a good result. The sooner you get the ball rolling, the better off you are.

Avoiding Talking to Insurance Companies in Austin, TX

Your attorney’s job is to protect your rights to full and fair compensation. The job of the liable party’s insurance company is to make sure that you don’t cost them a lot of money. They want to reduce your compensation or throw out your case entirely so that you don’t get to cost them a dime. We will work hard against their bullying tactics and make sure they are not taking advantage of you. It’s likely that they will call you and ask for a statement. They are going to come off as polite and helpful, but that is a way for them to get you to trust them. They are trained to ask you questions that are framed in a way to put the blame on you. If they can blame you, they will be able to reduce or eliminate your claim. Our advice is to avoid talking to them. When they call you, you have no legal obligation to give them any information. What you can tell them is that any communication can go through your attorney. They will make sure you are protect from the insurance company.

Austin, TX Personal Injury Compensation

Austin follows the rules of modified comparative negligence. This means that you have the potential to get your compensation barred and reduced if the insurance company gets their way. As mentioned, they want to owe you less or no money. If you are blamed for 50% or more of the accident, then you will be barred from getting any compensation whatsoever. If you are found to be less than 50% at fault for the accident, then you can have your compensation reduced. For example, if you are found to be 10% at fault for an accident, and you are awarded $10,000 then you will be allowed to collect $9,000 of that award.

Frequently Asked Questions

What Do I Do After I’m Hurt?

The first thing you should do if you have been hurt is seek medical treatment immediately and follow the doctor’s orders. That’s so you have the best chance at a full recovery, and if you don’t have a full recovery, at least recover the most that you can.

The next thing you need to do is seek legal representation immediately. Evidence gets lost and witnesses forget things. It’s important to hire an attorney so that attorney can investigate as quickly as possible.

Lastly, you need to hire the right attorney who is experienced in personal injury law and is a trial attorney. Insurance companies know who the trial attorneys are, and they treat trial attorneys differently. Consequently, they also treat their clients differently.

How Do I Find the Right Attorney?

The first thing with finding the right attorney is you have to find an attorney that you’re comfortable with and that you trust, and you should be able to establish that in the first meeting.

Next, you need to hire someone who has experience in personal injury law. Every car wreck is different. Every workplace incident is different. If you hire someone who just dabbles in that area, they’re not going to appreciate those differences and they’re much more likely to make a mistake.

Next, you need to hire someone who is a trial attorney. Insurance companies treat trial attorneys differently, which means they’ll treat you differently. That means they’re more likely to give you a fair settlement offer. At the same time, if they still don’t give you a settlement offer, we’re ready to go to trial because we have been working your case the whole time as if we are going to trial.

Should I Talk to the Insurance Company?

You may be wondering, “What are the most common mistakes that people make when dealing with insurance companies?” The first most common mistake is giving a recorded statement. Insurance companies are there not to give you just and fair compensation for your claim, but to limit their exposure. The adjusters are specifically trained to try to trap you into answers that are misleading and trick you.

The next mistake that people make is they take the first offer. Insurance companies generally start by lowballing people in the value of their claims. They just want to get it done as quickly as possible and pay as little as possible.

What Mistakes Should I Avoid?

The first mistake people usually make is they don’t seek medical attention right away. If you’re injured, you need to go see a doctor. A doctor can tell you what you need to do to heal. People also make the mistake of not following the doctor’s orders. You need to follow what the doctor says so you can recover the most that you can.

Next, a common mistake that people make is they give a recorded statement to the insurance company. Insurance adjusters are not in the business of fairly compensating people for their injuries. They’re in the business of limiting the exposure to their insurance companies as they want to pay as little as possible. They’ve been trained to try and get you to say misleading things to limit their exposure.

After that, the next mistake that people make is they delay in seeking legal representation. You need to hire an attorney as soon as possible so they can investigate what happened. Lastly, people make the mistake of hiring the wrong attorney. You need to hire an attorney who has a large part of their practice devoted to personal injury law. If it’s not devoted to personal injury law, then they might not know the value of your case, which, in turn, will mean that you might not receive fair and just compensation for your claims.

How Long Will This Case Take?

Unfortunately, there’s no fixed answer to how long a case will take. A lot of it depends on the other side. The first thing that we have to know is if you are going to completely recover and, in the unfortunate case that you won’t completely recover, to what extent you will recover from your injuries. Before we can even ask an insurance company for any money, we have to know the extent of your injuries, which means that you have to finish your medical treatment or get to a stage in your medical treatment where we know how much you are going to recover.

After that, it really depends on the insurance company on the other side. Some insurance companies, some adjusters, are great and they’ll get a case resolved quickly. Normally we have to work a case up. What that means is that after we send them a demand, they have a few weeks to respond. If we get a fair offer or a number that’s close to a fair offer, we’ll continue negotiating. If we don’t, we file a lawsuit.

After we file a lawsuit, we have to serve the defendant. Sometimes that takes a couple of months, other times it happens very quickly. Occasionally, some people run away and try to avoid being served. After the defendant is served and an attorney on the other side files an answer, which is due 30 days after their served, the first thing that we do is we reach out to opposing counsel and try to get a trial date, and that way there’s an end in sight. Normally we try to get that trial date within a year. If a case is more complicated, it might need to be a year and a half or two years out.

What If I Have Preexisting Conditions?

Recently I was asked by a client if their preexisting condition was going to negatively impact their personal injury case. The answer to that is complicated. Everything is done on a case-by-case basis. However, legally, the other party is responsible for any change in your condition. For example, if your condition had stabilized and then you were in a car accident afterwards and was no longer stable, then they are responsible for that change.If your pain in your back from a previous back injury was generally between a four and a six, and then you were in a car wreck and now it’s between a six and an eight, they’re responsible for that change. They’re not responsible for all your pain, but they are responsible for the change in your pain and you should be fairly compensated for it.

Will My Personal Injury Case Go to Trial?

One question I get time and time again about people’s personal injury cases is if it’s going to go to trial. Most cases don’t go to trial, but some cases do. What we can assure you of is if your case goes to trial, it’s because you have not received an offer that you find acceptable. If the insurance company on the other side puts an offer on the table that you think is worth it, then you get to accept it.

Beyond that, if we do go to trial, you are going to be prepared. You’ll be prepared to give us the best chance of getting the best verdict possible.

Contact Our Office Today

If you were seriously injured because someone else was being careless or reckless, do not hesitate to reach out to us to set up a free consultation with our experienced Austin personal injury attorney. We will make sure that everything is in its proper order and that you are on track to have a successful claim.

Car Accident Lawyer Austin, TX

If you have been seriously injured in a car accident in Austin, you are probably feeling very stressed out. The injuries can be severe, you can be missing time at work, and your medical bills may be extensive. We want to say that we’re sorry that you’re going through this. Our experienced Austin car accident attorney is here to help you through this. We will be glad to sit with you and talk about your case, then get right to work on getting you the most compensation possible.

Types of Car Accident Injuries in Austin, TX

There are a lot of ways collisions happen and they can cause a lot of damage. You might experience mild injuries that need minimal treatment, or you might need a big surgery that is going to keep you from getting back to normal.

  • Broken bones
  • Cuts and lacerations
  • Traumatic brain injury
  • Concussion
  • Whiplash
  • Spinal cord injury

Do not ignore pains that you feel after the accident. You might not immediately feel injured in the moment because of your adrenaline, but you should get to a doctor right away to check to make sure you are okay.

Important First Steps After an Accident in Austin, TX

Medical attention is the most important thing that needs to happen after the accident. You might have the ability to stay on the scene to collect evidence, which we will talk about later, but if you’re in serious pain or are in danger, you need to have someone else do that for you. Whether it is right away for a few hours later, you need to see a doctor, get to the emergency room, or go to an urgent care center.

Collecting evidence is so important to your case. If you’re unable to stay on the scene, a friend, family member, or your attorney can do this for you. You want to get pictures of all vehicles involved in the accident as well as the tire marks and your injuries. You should also gather contact information from both the witnesses to the accident as well as any other driver involved.

The next big step to take after the accident is getting in contact with an experienced Austin car accident attorney. You may think that you can take on this case alone, but it will almost always end with you having less of a reward than if you had an attorney on your side.

Statute of Limitations for a Car Accident in Austin, TX

Dealing with Insurance Companies

In Austin, after a car accident, you have two years in which you can file a claim. This does not mean that you should wait those two years and call an attorney the day before the time limits run out. There are things that need to be done before you can successfully bring your claim. You will have to go over your case with your attorney then they will get to work. They will want to get an idea of your condition, your treatment plan, and how long you will be in the condition that you are. It is so important that you do not wait to call an attorney so that there is plenty of time to make this a highly successful claim.

Dealing with Insurance Companies in Austin, TX

Very shortly after your accident, you most likely have an adjuster for the insurance company reach out to you. This will be the insurance company for the liable party. They might seem very friendly and helpful, but you should be very careful of talking to them. They are not fully concerned with your best interests. They are only really looking out for themselves. They might even try to contact you while you are still in the hospital receiving pain medication. If they call you, they will be looking for a recorded statement. You should never give them one. It will not benefit your claim, even if they say it will. What you can tell them without risking ruining your case is that you were involved in the accident. That’s all they really need is a confirmation that it was you. You are in no way obligated to tell them details surrounding the accident. You may also want to tell them that they can ask any questions through your attorney and pass off communication to them.

Frequently Asked Questions

What Do I Do After My Accident?

The other day I got a call from somebody who had been in a car accident. They were injured and wanted to know what to do.  The first thing I told them was they should go seek medical treatment immediately. I’m not a doctor, and they should listen to that doctor and follow the doctor’s orders so they have the best chance at a full recovery. If they don’t recover completely, at the very least they’ll recover to the maximum of their ability.

The next thing they need to do is hire an attorney as soon as possible. Evidence gets lost and witnesses forget things. An attorney is there to represent your best interest, protect that evidence, and investigate the matter.

Lastly, a person needs to hire the right attorney. The right attorney is an attorney who practices personal injury law, and doesn’t just do a little bit of everything, but has personal injury as large part of their practice, which should include car accidents. Beyond that, your attorney needs to be a trial attorney. Trial attorneys work cases differently, and that helps get you the best result possible. If, for whatever reason, you’re unable to settle your claim for a fair amount, at the very least you’ll have an attorney who is ready to go to trial and represent your best interest.

How Much is My Case Worth?

The other day I got a phone call from a client who’d just been injured in Austin in a car accident, and he wanted to know how much his case was worth. Unfortunately, early on, that’s a really difficult question to answer. Every case is different and, beyond that, we don’t know how to value your case until we know the extent of your injuries. For that to happen, you have to complete your medical treatment.

As a good rule of thumb, the more injured you are, the more your case is worth. The types of compensation that you can receive are for past and future pain and suffering, past and future medical bills, loss of wages, and loss of future earning capacity.

How Long Will This Case Take?

You may be worried about how long it will take for your case to be resolved. Unfortunately, there is no crystal clear answer to that early on. The first thing that has to happen is you have to finish your medical treatment or get to a stage in your medical treatment where we know what treatment you may need for the rest of your life, if you’re more seriously injured.

Once we know that, we can submit a demand package to the insurance company asking for fair compensation. If we don’t know the extent of your injuries and we submit something to them, and it turns out you’re injured worse than we thought, then you won’t get fair compensation. At that point, the insurance company has a deadline to respond, normally within a month, and if they make an offer that is close to fair, we’ll begin negotiating. Unfortunately, in most cases, that doesn’t happen. What we have to do after that is file a lawsuit.

Once we file the lawsuit, we will serve the defendant. Once the defendant is served they have 30 days to respond to the lawsuit. Once there’s an attorney representing them and there’s a response on file, the first thing we do is we try to get a trial date scheduled with the court. Then there’s an end in sight for your case. If, for whatever reason, we have to go to trial, we know when that trial is.

Who Is the Right Attorney for Me?

You may be wondering, “How do I choose the right car wreck attorney?” Firstly, you need to choose someone you’re comfortable with. In that initial phone call or meeting at our office, we’ll explain to you the process and you’ll establish a comfort level.

Next. you need to hire someone who has experience in personal injury law, specifically in car wrecks. Every car wreck is different and if you hire someone who’s just dabbled in it, they won’t be able to represent you as well as someone with more knowledge.

Lastly, you need to hire a trial attorney because insurance companies know who the trial attorneys are and they treat those attorneys differently, and that means they’ll treat you differently. You’re more likely to get a fair settlement offer, and if you don’t, you’re represented by a trial attorney who is ready to go to trial and fight for your rights.

Should I Talk to the Insurance Company?

The first most common mistake is people give a recorded statement to the insurance companies. That recorded statement is designed to try to trick you and trap you. Insurance adjusters are taking that statement to try to pay as little as possible.

The next mistake that people make is they take a first offer. The first offer is almost always a lowball from the insurance adjuster, and they’re just trying to get the case done quickly and for as little as possible.

What Mistakes Should I Avoid Making?

The first most common mistake people make is delaying in seeking medical treatment. You need to go seek medical treatment to make sure that you can recover. Next, people don’t follow what the doctor orders. If you don’t do what the doctor says, you might not fully recover.

Moreover, the insurance company isn’t going to think that your claim is very serious if you won’t listen to the doctor and they will assume that you must not be in that much pain. They don’t realize that you have a family to take care of or other responsibilities. People will also give recorded statements to the insurance company. Don’t ever do that. Insurance companies and adjusters are there to limit their exposure. They are not there to fairly compensate people who make claims.

Next, people make the mistake of delaying in hiring an attorney. It’s important to hire an attorney as soon as possible so they can investigate your claim. Witnesses will forget or move, and the attorney is there to help with protecting evidence. People also often hire the wrong attorney. You need to hire an attorney who has a large part of their practice devoted to personal injury law. Personal injury law is very different than other practices of the law. If you don’t hire someone that focuses in personal injury, they might miss something, and that can mean that you won’t be fairly compensated.

What If I Have a Preexisting Condition?

Recently, I was contacted by a client who had a preexisting back injury before he was in a car accident, and he wanted to know how that would affect his case. That is a complicated scenario. The person who hit him is legally responsible for any change in his condition. For example, if his back condition was mostly stable and then became very unstable due to the accident, they would be responsible for that change. If he was living with a pain level of a four in his back, and now he has a pain level of seven, they would be responsible for that.

Whenever you’ve had a preexisting condition and you’re in a car accident, your personal injury case is a lot more complicated and to know how your case is going, that discussion needs to be happening with your details laid out in front of an attorney.

Will My Car Accident Case Go to Trial?

Most cases don’t go to trial. At the end of the day, you get to be in control of whether or not we go to trial. If the insurance company on the other side makes an offer that you are willing to accept, and believe is fair and just compensation, then you get to say yes. If you feel that the insurance company is not making a fair offer, then we can go to trial instead, but that is always the client’s decision.

If we’re in a situation where we do go to trial, there’s nothing to worry about. That is an opportunity for you to tell your story to a jury of your peers and a judge about what happened and what you’ve been through, and you will be prepared to do so.

Contact Our Office Today

Experienced Austin car accident attorney Daniel Smith is here to help you fight for what is right. We will protect your rights, keep your case on track to succeed, and work to get you the fullest and fairest amount of compensation possible. Please call our office as soon as you can to set up a free initial consultation.

Bicycle Accident Lawyer Austin, TX

If you have been involved in a bike accident, you are probably feeling scared and frustrated about the injuries you have sustained. The medical bills can pile up and if you are missing time at work, paying those bills can be incredibly difficult. We want you to know that we are here for you during this particularly difficult time. We will fight tirelessly to get you the compensation that you deserve. After you read about your case, please call our office today for a free confidential consultation.

Types of Bike Accident Injuries

Bike accidents have the potential to be catastrophic. You have no protection from impact like you would have in a car. Because of that, the only real protection you may have had was from your helmet, which only lessens the chance of head injuries and does nothing for the rest of your body. It is so important to recognize what injuries you may have suffered so that you can get to the doctor and tell them exactly what you have wrong. Here are a few examples of common bike accident injuries:

  • Broken bones
  • Cuts and lacerations
  • Spinal cord injury
  • Concussion
  • Traumatic brain injury
  • Dislocation

These injuries can cause permanent damage and life-long grief. The amount of compensation that you can get rewarded will increase by the severity of the injuries and damages you have suffered so that you’re sufficiently covered for all of it.

Dealing with Insurance Companies After an Accident in Austin, TX

Tips for a Successful ClaimThe insurance company, at some point, is going to reach out to you to try to get a recorded statement from you. They are not interested in being helpful and while they may seem like they’re just trying to be polite, they certainly have an ulterior motive. The have a goal to cut down the costs and they will do that by trying to throw out your claim or reduce the amount of compensation that they owe you. When they call you, you should avoid telling them anything. You have no obligation to speak to them. They are trained to ask you questions about the accident that will make it seem like you were the at-fault party. You should never answer these questions if you want a successful claim. When they come calling you, you can tell them that they can take up communication with your attorney.

Tips for a Successful Personal Injury Claim in Austin, TX

There are a few things that you should be aware of if you want to have a successful claim. The most important thing you can do after an accident is seek medical attention. You do not want to delay doing this as it could make your condition worse and it can give the insurance company a reason to throw your case away. Getting treatment is a documented way to show the insurance company the harm that their insured caused you.

You also need to be aware of the statute of limitations in Austin so that you don’t miss out on your chance for compensation altogether. For a bike accident in Austin, TX, you only have two years to bring your claim or settle it in court. If you miss this time limit, you will be barred from getting compensation.

What is also important is to hire an experienced bike accident attorney to help you with every step of the process. They will make sure that you are completing everything on time and are on schedule to have a successful claim. You can be at ease knowing they will be taking over communication with the insurance company and protect you from their bullying tactics to make you feel at fault.

How to Get Full Compensation After a Bicycle Accident in Austin, TX

In Austin, TX, there are modified comparative negligence which means you will have a reduced award if you are deemed to be less than 50% at fault for the accident. If you are deemed more than 50% at fault, you will be barred from getting a compensation award. Let’s say you were awarded $10,000 for your damages, but you were deemed 10% for your part in the accident. You would then be allowed to collect $9,000 for the award to account for your percent of fault. That’s why it is so important for you to find a good, experienced, and supportive personal injury attorney in Austin, TX who cares about your case and getting you the best possible result.

Frequently Asked Questions

What Do I Do After My Accident?

The first thing you should do after a bicycle accident is seek medical treatment immediately. It’s of critical importance for your full recovery to seek medical treatment and to follow the doctor’s orders. The next thing to do is to hire an attorney as quickly as possible. Evidence disappears over time. It’s important to do this quickly so that they can contact witnesses.

Next, it’s important to hire the right attorney. The right attorney is someone who practices personal injury law. If they don’t devote a significant portion of their practice to personal injury law, that person may not know all the ins and outs of a case and could miss something significant. Bicycle accidents are different than other accidents.

Lastly, that person needs to be a trial attorney. Trial attorneys work every case as if they are going to trial. That will add more value to your case, and if you’re unable to settle the case without going to trial, your attorney would be ready for it.

How Much is My Case Worth?

I was contacted by someone who was hit while they were riding their bicycle and one of the first things they asked me was, “How much is my bicycle accident claim worth?” Unfortunately, early on, the answer is unclear. The first thing that needs to happen is completing your medical treatment. We can’t value your case until we know the extent of your injuries. In Austin, TX, there are a few different types of compensation that you can receive for your claims. This includes past and future medical expenses, past and future lost wages, and past and future pain and suffering. There are also some other types of damages you can receive compensation for, as well, but it all depends case by case.

How Long Will My Case Take?

You may be wondering, “How long is it going to take for my case to be resolved?” Unfortunately, the answer isn’t clear right away.

Firstly, we need to know the extent of your injuries, and we won’t know that until you’ve gone through a significant part of your medical treatment. Once we know the extent of your injuries, we will submit a letter to the insurance company asking for fair and just compensation, outlining your injuries. If we submit that letter prematurely, then we can’t ask for fair and just compensation.

Once we do that, we wait for the response. They have about three weeks to respond. If they respond with a fair number, we negotiate with them. Unfortunately, most of the time, we don’t get a fair response. In that case, we have to file a lawsuit. Once we do that, we have to serve the defendant. Normally, that isn’t a problem. However, occasionally, defendants will try to avoid service.

Once the defendant is served, they have 30 days to respond to the lawsuit. Normally, they’ll respond to the lawsuit and be represented by an attorney. Once we have an attorney on the other side, we call them and get a trial date on the calendar. Then there’s an end in sight. Hopefully, we’re able to resolve the case without going to trial. However, we are trial attorneys ready to go to trial, if need be.

How Do I Find the Right Attorney?

I had a client who was biking home from work when she was hit by a car that was pulling out of a parking lot. She asked me, “How do I choose the right personal injury attorney in Austin, TX?” Some advice would be to establish a level of comfort with the attorney in the first meeting.

Next, you need to find a personal injury attorney in Austin, TX who devotes a large part of their practice to personal injury law and has experience in bicycle accidents specifically. Bicycle accidents are different than other personal injury cases. If someone has that experience, they will understand what is unique about your case.

Next, you need to hire a trial attorney. Insurance companies, on the other side, know who the trial attorneys are and they treat trial attorneys differently. Also, trial attorneys work up a case from the beginning as if it is going to trial, and that gives you the best chance of not going to trial. If, in the rare instance the insurance company won’t ever make a fair offer, then you are ready to go to trial and get the best result possible.

Should I Comply with the Insurance Company?

Recently, I was contacted by someone who had been a victim of a bicycle accident, and they asked me, “What are some of the common mistakes that people make when dealing with insurance companies?” There are two mistakes that we see time and time again.

The first mistake is people give a recorded statement to insurance companies. They think that by giving a recorded statement, they’re cooperating with the insurance company and the insurance company will treat them fairly and compensate them well, but that’s wrong. What they’re doing is they’re trying to find a way to trap you, in any way, to try to find an excuse not to compensate you fairly for your claims. They’re trained specifically to offer as little money as possible.

The second mistake that we see is people taking the first offer, and at that point it’s too late for us to help. The first offer is almost always negotiable and almost always a lowball. Rarely do insurance companies come out offering a fair number.

What Mistakes Should I Avoid Making?

You may be asking yourself, “What are the most common mistakes that people make?” The first most common mistake that people make is they delay seeking medical treatment, and they also fail to follow the doctor’s orders. That’s the biggest mistake because that can hurt your chance at a full recovery. Beyond that, the insurance company is also going to look at it as if you didn’t seek medical treatment right away or you didn’t follow up with the doctors, then you must not have been hurt that badly.

Another mistake that people make is they give a recorded statement to an insurance adjuster. The insurance adjuster is there not to fairly compensate you, but to limit the exposure of the insurance company and pay as little as possible.

Next, people delay in hiring an attorney to represent them. If someone delays in hiring an attorney, then it’s difficult for that attorney to fully investigate that claim. Witnesses will go missing or forget things. Related to that, people hire the wrong attorney. You need to hire an attorney who has a large part of their practice devoted to personal injury litigation and has experience in bicycle accidents. Also, that attorney needs to be a trial attorney. Insurance companies on the other side know who the trial attorneys are and, in turn, they’ll offer a more reasonable settlement. If, for whatever reason, you don’t get a reasonable settlement offer in your case, you’ll still be prepared to go to trial and get the best result possible.

What If I Had a Preexisting Condition?

Recently. I was contacted by someone who was in a bicycle accident and wanted to know how their preexisting condition would affect their case. The answer is complicated but can be boiled down to this; the third-party is responsible for any change in your condition. For example, if you had a back injury before your bike accident and, on average, your pain level was a two on a scale of ten before the accident but was a six after the accident, then the third-party would be responsible for any change in your condition.

However, preexisting conditions can be much more complicated than that, so it’s best to talk to an attorney about how your preexisting condition affects your case.

Will My Bicycle Accident Case Go to a Trial?

Recently, I was contacted by a client. He was injured in a bicycle accident, and he asked me if he thought his case would go to trial. Most cases do not go to trial, but some do. As the client, you will always be in control of whether or not we go to trial because you are the boss. You decide whether or not we get to take any settlement offer.  I will always advise you if I think an offer is fair or not, but you are always welcome to disagree with my advice and take an offer if you so choose.

In the case that we do go to trial, I can assure you that you will be very well-prepared. Trial is an opportunity for you to tell your story to a jury of your peers and a judge.

Contact Our Office Today

If you are worried about your future after a bike accident, please call our office today for a free consultation. You don’t have to let this incident ruin your life. We will work hard to get you the compensation you deserve for all the injuries you have had to deal with. You shouldn’t be bullied by the insurance companies. We will make sure that your rights are protected. Call us today to find out how our experienced personal injury attorney in Austin, TX can help you through this difficult time.

Getting injured can be very frustrating, especially if it’s not your fault. If you are hurt due to someone else’s carelessness or negligence, you may be eligible to bring a boating accident claim. Our Austin boating accident attorney handles these cases with expertise and experience. Call our office today to set up a free consultation.

How to Ensure a Successful Claim

The very first move that you need to make after you get hurt is to get to a medical care professional and receive a thorough medical exam. You need to tell them about every bump and bruise. Do not keep anything to yourself or else you could be paying for that dearly in the future. For example, if your neck only hurts a little, you still need to say something. It could only feel like whiplash right now, but later on you might find that it starts hurting more and more and it ends up being a slipped disc. This can happen with any injury, in theory. If you ignore it, it could get worse. Also, it is paramount to see a doctor so that we know what your injuries are and what your expected treatment and recovery plan so that we can show the insurance company that they owe you compensation for all of it.

The next most important step after you get hurt is to make sure you are doing your due diligence to collect evidence. This might be impossible if you are plucked out of the water and swept away in the back on an ambulance, and in those cases, you can ask the police or call an attorney or friend to go to the scene of the accident and do the collection for you. If you are able to stay there and delay medical treatment because your injuries are not life-threatening, you need to make sure you do a good job collecting evidence. You can take as many pictures and videos as your phone can hold. You might want to get photos from all angles and take photos of your injuries that are visible as well. If you see the cause of your injury plain and clear, make sure you document that as well. You will also want to talk to as many eyewitnesses as possible and gather their information. If you know who caused your accident, such as the driver who slammed into your boat, make sure you get their contact and insurance information as well.

Lastly, in order to use all of this information the right way, you need to find an attorney who knows what they’re doing. What you need to do is research all your options. Find a few attorneys to call, maybe have a free consultation with if they offer one, and evaluate if they are right for your case. You should interview them. Ask them if they have ever handled a boating case like yours before, and if they have, ask about the outcome. You should also take note about how quickly they get back to you, how often you get to actually speak to them and not an intake specialist, and if they seem to make your case a priority.

Rules and Statutes for a Boat Accident in Austin, TX

There are two things that can totally bar you from getting compensation if you haven’t educated yourself. The first is if you run out of time. In Austin, you have a statute of limitations of two years from the date of your accident. This is quicker than some states and it means you need to act quickly. Even if you’ve collected evidence at the scene, your witnesses might lose memory of what happened after a few months. You do not want to delay. You need to call an attorney right away so that they have ample time to get the ball rolling on making a success claim for you. If you come to an attorney on the day before your limitations runs out, they won’t be able to help you. You need to give your attorney time to do their job. Act fast on your case.

The second thing that could keep you from getting compensation is being found at fault for the accident. A good attorney can protect you from this in the right conditions, but if you decide to represent yourself, deal with the insurance company without an attorney, or obtain the representation of an attorney with no experience, you could be kissing your compensation goodbye. Texas laws state that you will not be able to collect a reward if you are found to be 50% or more at fault for your accident. If you are less than that, your award will be reduced. For example, if you are found to be 10% at fault for your injury, and you have been awarded $10,000, you will only be able to collect $9,000 of that award. For this reason, it is important to find an attorney who will keep you protected from the insurance company when they try to make you take the blame. You must remember that you should never give the insurance company a statement, even if they say it will help you. Odds are they’re only looking out for themselves and they are trying to pin this one on you.

Frequently Asked Questions

What Do I Do After My Boating Accident?

What Do I Do After My Boating AccidentRecently I was contacted by someone who had been in a boating accident, and they asked me what they should do. The first thing I told them they need to do is seek medical treatment immediately and follow the doctor’s orders. This is to give them the best chance at recovery.

The next thing they need to do is hire an attorney as soon as possible. Part of an attorney’s role is to investigate and act as a detective on what happened. It’s also to gather all the evidence and get it on the record. Evidence disappears, stories change, and an attorney will help make sure that doesn’t happen.

The next thing is that person needs to hire the right attorney. The right attorney is someone who focuses a large amount of their practice on personal injury claims. Personal injury claims and boating claims are very different than other types of claims. Also, that attorney should be a trial lawyer. A personal injury attorney in Austin, TX that is trial-ready is an attorney that prepares every case as if it’s going to trial.

If you’ve been injured in a boating accident in Austin, please don’t hesitate to contact our office and we’ll be happy to answer any questions that you may have.

How Much is My Case Worth?

We were recently contacted by someone who was injured when they were out fishing in the Gulf of Mexico, off Texas, and one of the questions they had is, “How do you determine the value of my claim?” Unfortunately, early on, it’s very difficult to determine the value of a boating accident claim. We don’t know the value until we know the extent of your injuries, at the very least, and we won’t know the extent of your injuries until you’ve completed medical treatment.

There are a few different types of compensation that you’re entitled to if you’ve been injured in a boating accident. That includes past and future lost wages, past and future medical bills, and past and future pain and suffering. There are some other damages as well, for example, if you’ve been permanently disfigured.

How Long Will My Case Take?

Recently I was contacted by someone who was injured on a boat on Lake Austin, and they asked me how long it would take for their case to be resolved. Unfortunately, early on, there isn’t a clear answer. The first thing that has to happen is we have to know the extent of your injuries, and we won’t know that until you are done with medical treatment or you’ve gone through enough medical treatment where it is clear what the extent of your injuries are.

After we know the extent of your injuries, we’ll submit a demand to the insurance company on the other side outlining your injuries and asking for fair and just compensation. The insurance company will have a few weeks to respond to this. If they respond with a number and it’s something we can work with, we’ll negotiate. Unfortunately, most of the time it’s not and, if it isn’t, we have to file a lawsuit.

After we file a lawsuit, the defendant has 30 days to respond once they have been served. Normally, there are no problems serving the defendant. However, occasionally, people try to avoid service. Once there’s a response on file, we immediately contact the attorney on their side to get a trial date, and then there’s an end in sight.

How Do I Pick the Right Attorney?

The other day I got a call; someone was on Lake Travis and, unfortunately, they were hit by another boat and seriously injured. They asked, “How do I go about choosing the right boating accident attorney?” The first thing is you have to be able to establish a level of comfort and trust with that attorney in the first meeting, whether it be over the phone or in-person.

The next thing is you need someone who has experience in boating accidents. Boating accidents are very unique. They’re different than car wrecks. Also, different law may apply, depending on where the boating accident occurred. You need an attorney that’s familiar with that.

Third, you need to hire a trial attorney. Insurance companies on the other side know who the trial attorneys are, and they treat the trial attorneys – which means they will treat you – differently. That gives you a better chance for a more fair settlement offer during litigation. If, for whatever reason, you’re unable to resolve your case during litigation and you have to go to trial, you have an attorney that’s ready to go to trial and get you the best result possible.

Should I Talk to the Insurance Company?

Recently I was contacted by someone who was a victim in a boating accident and he asked me, “What are the two most common mistakes that people make when interacting with the insurance companies on the other side?” The first most common mistake, and it happens time and time again, is people give a recorded statement. They think by cooperating with the insurance company, the insurance company will in turn act in good faith. An insurance company won’t act in good faith. What they’re doing is they’re trying to find a way to limit their exposure and find a way to trick you into giving an answer that will hurt you in the future.

The next mistake that people make is they take the first offer. The first offer is almost always a lowball offer. It’s an effort by the adjuster to see if he or she can get the case done quickly and cheaply. If you’ve been a victim in a boating accident in Austin and have any questions about your case, I’d be happy to discuss it with you.

What Mistakes Should I Avoid Making?

Recently I was contacted by someone who had been injured in a boating accident off Lake Travis, and they asked me, “What are some of the common mistakes that people make?” The first mistake that people make is they don’t seek medical treatment right away. Related to that mistake is they don’t follow the doctor’s orders. That’s critical to ensure that you have the best chance of fully recovering from your injuries, and if you can’t fully recover, at the very least recover to the maximum of your ability.

The next mistake that people make is they give a recorded statement to the insurance company. The insurance adjuster is not there to fairly compensate you for your claim but to limit the exposure of the insurance company. They’re trained to try and trick you into giving answers to questions that are misleading and compensate you less for your claim.

Third, people delay in hiring an attorney to represent them. Don’t do that. An attorney is needed to fully investigate a claim, as soon as possible, to the accident. Also, that attorney can help prepare you in giving a statement to the insurance company, if they believe that’s the right move to make.

Lastly, you need to hire the right attorney. People make the mistake of hiring the wrong attorney. The wrong attorney is someone who doesn’t have a large part of their practice devoted to personal injury law. Personal injury law is very different than other law. Beyond that, boating accident law is very different from other personal injury law, so you need to hire someone who has that experience.

If you’ve been injured in a boating accident in Austin, please don’t hesitate to contact our office and we’d be happy to answer any questions you may have.

What If I Had Preexisting Conditions?

Recently I was contacted by someone who was in a boating accident and wanted to know how his preexisting condition would affect his case. The answer is complicated but can be boiled down to this – the third-party is responsible for any changes in your condition. For example, if your pain was a two, on a scale of one to ten, before the boating accident but after the boating accident your pain was a six, on a scale of one to ten, the third-party would be responsible for that change.

However, preexisting conditions are very complicated and should be looked at on a case by cases basis. If you have any questions about how your preexisting condition may affect your case, please don’t hesitate to contact our office and we’ll do our best to answer your questions.

Will My Boating Accident Case Go to Trial?

Recently I spoke to someone who had been a victim of a boating accident and they asked if their case was going to trial. What I told them was that I don’t know. Most cases don’t go to trial; only a few do. What I can assure you of is that if you’re case does go to trial, you’ll be very well prepared. It’s an opportunity for you to tell your story, and it’s nothing to be worried about.

Also, you will always be the boss on whether or not we take any settlement offer or we go to trial. My role is to advise you on whether an offer is fair or unfair. You, the client, always get to make the decision on whether or not to take an offer.

If you’ve been a victim of a boating accident in Austin, please don’t hesitate to contact our office and we’ll answer any questions.

Contact Our Office Today

If you need help building a successful claim, please call Daniel Smith, a personal injury attorney in Austin, TX, today for a free consultation to see how we can get to work to help protect your rights and get you the compensation that you deserve. Let us do the heavy lifting while you focus on recovering.

Construction Accident Lawyer Austin, TX

If you have been seriously injured on a construction site, you are probably seriously injured and missing time from work which can make it really hard to pay your medical bills. You also face the reality that you may not be able to return to the same job after your treatment is done. Our personal injury attorney in Austin, TX takes all of this into consideration when you come in for a free consultation. We will work very hard to get you full and fair compensation.

Types of Injuries

You probably already know how dangerous a construction site is due to the nature of the workplace. There is a lot of heavy machinery and raw material that pose safety hazards for workers and bystanders. There is a variety of possible accidents that may happen which include:

  • Falling from heights
  • Collapsing structures
  • Explosions and fires
  • Objects falling
  • Negligent workers
  • Defective tools
  • Auto accidents
  • Electrocution
  • Heavy machinery accidents

These all have the potential to be disastrous accidents and can cause some life-long injuries. The possible types of injuries you may be suffering from include:

  • Broken bones
  • Head injuries; concussion and traumatic brain injury
  • Cuts and lacerations
  • Spinal cord injuries
  • Dislocations
  • Scarring and disfigurement

If you are suffering from an injury, do not delay medical treatment. You should be seen by a doctor as soon as possible so that you don’t worsen your condition.

First Steps After the Accident

First Steps After the AccidentAs mentioned, you need to get to a doctor as soon as possible after the accident. It not only ensures that you’re taking care of yourself, but you’re taking care of your case. If you avoid getting to a doctor, then the insurance company will think that you don’t have a strong need for compensation. You don’t want to regret not seeing a doctor when you needed one.

If you are able to stay on the scene after the accident, it’s important for you to collect some evidence. You should try to get as much as you can. Take pictures and videos of the scene as well as your injuries and what you think caused the injuries.

A vital step would be to report this incident to your boss or supervisor. It’s not something that you should just tell a coworker before you head to the emergency room. You want to file an official report on paper with someone in charge. It will strengthen your case later on. You can’t really have a case without having a report because it becomes your word against theirs when you get down to it.

Austin, TX Compensation Rules

Texas law is different than most other states. Usually you are limited to worker’s compensation through your employer unless you have extenuating circumstances. In Austin, construction workers aren’t necessarily going to be protected under worker’s compensation. Your employer doesn’t have to offer you worker’s compensation, so if they do not, you can bring a personal injury claim. When you come to us after your accident, we will look into your employer to see if they have worker’s compensation available to you. Are goal is to be able to get you the most compensation available to you through an injury claim. If you’re going after a personal injury claim, you’re going to need to figure out who the liable party is and prove that there was negligence that caused your accident. An example of this is if your employer did not provide you with satisfactory safety equipment and that resulted in your injury. If you are deemed to be at fault for the accident, that will be reflected in your compensation. We will work to make sure you get the fullest and fairest amount.

Statute of Limitations for an Injury in Austin, TX

If you are filing a third-party personal injury claim, you don’t have an unlimited amount of time to file your claim or settle your case. You have just two years from the date of your accident before you are barred from receiving compensation. You do not want to wait until the week before this time limit runs out to talk to an attorney. There is precious evidence to be collected as you know, and it will disappear over time. Witnesses to the accident will forget the important fine details. You need to call and schedule a free consultation with an experienced personal injury attorney in Austin, TX right away so that you know you are getting everything done on time for this to be a successful case.

Frequently Asked Questions

What Do I Do After My Accident?

Recently I got a call from someone who had been injured at a job site, and they asked me what they should do after a construction accident. The first thing they should do is seek medical treatment immediately and let their employer know that they were hurt on the job. Those things need to happen at the same time. Sometimes employers will claim that someone wasn’t actually hurt at the job. Beyond that, you need to seek medical treatment immediately to give you the best chance of recovery. Also, you need to follow the doctor’s orders. That gives you the best chance at making a complete recovery.

Another thing you need to do is hire an attorney immediately. The sooner you hire an attorney, the sooner that attorney can investigate what happened. Evidence gets lost and people can forget things. The attorney is there to ensure that all the evidence that can be gathered is gathered immediately. Also, you need to hire the right attorney. The right attorney is someone who has a large part of their practice devoted to personal injury law, and not just personal injury law but workplace accidents. Workplace accidents are very different than other personal injury claims in Texas. The attorney you hire needs to be a trial attorney. Trial attorneys work every case as if they are going to trial. If, for whatever reason, you are unable to get your case resolved, they’re always ready for trial.

If you’ve been injured in a workplace accident, please don’t hesitate to give my office a call. We’ll be happy to answer any questions for you.

How Do I Find the Right Attorney?

Clients will often ask me, “How do I choose the right attorney to represent me after I was injured in a construction accident?” The first thing is you need to hire someone that you’re comfortable with. That comfort level should be established in that first meeting, whether it be through phone call or free consultation in our office.

Next, you need to hire someone that has experience in construction accidents. This isn’t a case where you want to hire someone that dabbles in all sorts of areas of law. You need to hire someone that has a large part of their practice focused on personal injury and construct accidents specifically.

Lastly, you need to hire a trial attorney. You need to hire a trial attorney because trial attorneys are treated differently by insurance companies and employers on the other side. They know who the trial attorneys are, and that means they’re more likely to give you a fair offer earlier. If they don’t give us a fair offer, we’re ready to go to trial. Please don’t hesitate to give our office a call if you have any questions.

How Much is My Case Worth?

Recently I was contacted by a client who had been seriously injured in a worksite accident in Austin. One of the first questions he had for me was, “How much is my case worth?” Unfortunately, early on, there is no clear answer to that question. We have to know the extent of your injuries to have an idea on how much your case is worth. It’s a good rule of thumb that the more serious your injuries, the more your case is worth.

As a plaintiff, the types of compensation that you’re entitled to are for all your past and future medical bills, past and future pain and suffering, and past and future lost wages. There are a few other types of compensation you can receive on top of that.

How Long Will This Case Take?

The other day I got a call from someone who was seriously injured at a construction site. One of their chief concerns was, “How long is it going to take for my case to get resolved?” Unfortunately, in the beginning, there isn’t a clear answer.

The first thing that needs to happen for your personal injury case is we have to know the extent of your injuries. What that means is you either need to finish medical treatment, or there needs to be a clear end to your medical treatment in sight.. If we submit a demand package to an insurance company before you’ve finished treatment, and it turns out your injuries are actually worse, then you’re definitely not going to be compensated fairly for the extent of your injuries.

After we have a very good idea of what your injuries are, we submit that demand package to the insurance company and we give them, depending on the case, around three weeks to respond. If they respond with an offer that looks like something we might be able to negotiate a fair settlement out of, we negotiate. Unfortunately, that’s a rarity; normally we have to file a lawsuit. After we file the lawsuit, we have to serve the defendants. After each defendant is served, they have 30 days to respond. Once they respond with an attorney on file, we immediately contact that attorney and try to get a trial date on the books.

Should I Talk to the Insurance Company?

The other day I got a phone call from someone who was injured in a construction accident and wanted to know what some of the common mistakes are that people make when they’re injured on a job site and are dealing with insurance companies. The two most common mistakes are, first, giving a recorded statement and, second, giving that recorded statement before hiring an attorney.

Insurance companies are there to try to limit their exposure. Beyond limiting their exposure, they’re also there to trick you. If they were there to fairly compensate you and your claims, I’d be out of business. Whether it is for a workers compensation claim or to an OSHA representative that’s investigating what occurred, never give a statement without first hiring an attorney.

The last mistake is taking the insurance company’s first offer. They’re just trying to get it done as quickly as possible, and they start with a low offer to try to get it resolved for as little as possible. If you’ve been injured on a work site and you have questions about your claim, please don’t hesitate to contact our office and we’ll be happy to answer any questions that you have.

What Mistakes Should I Avoid?

Recently I was contacted by someone who was seriously hurt in a construction accident that wanted to know what some of the common mistakes are that people make. The first mistake is not seeking medical treatment right away. Sometimes people are afraid of the ramifications that could happen with their employer if they leave and go to the hospital. You need to seek medical treatment right away to give yourself the best chance to fully recover. Closely related to that is people sometimes don’t follow the doctor’s orders. You need to follow up with the doctor, and you need to do the things that the doctor says, to give you the best chance at a full recover.

Another mistake is that people sometimes give statements, whether it be to an insurance company or someone who’s investigating the accident. When it’s an insurance adjuster, they’re trying to limit the exposure.  If it’s an investigator, you need to give a statement, but you need to be prepared to give that statement. That’s related to the next mistake, which is people delaying in hiring representation.

It’s important to hire an attorney early on so that attorney can help you prepare to give that statement to OSHA or someone else who’s investigating the workplace injury. Beyond that, it’s also important to give the attorney enough time to investigate on their own. People also make the mistake of choosing the wrong attorney. You need to hire an attorney who has a large part of their focus devoted to personal injury law and workplace injuries, specifically, because workplace injuries are different than other injuries in Austin.

What If I Have a Preexisting Condition?

Recently I had a person ask me if their preexisting condition would negatively affect their construction accident case. The answer to that is complicated. In Austin, responsible parties are legally responsible for any change in your condition. For example, if you had a back injury and your pain was between a two and a four, but then after the construction accident occurred your pain became between a five and a seven, then the responsible parties would be responsible for that change.

Will My Construction Accident Case Go to Trial?

Recently I was contacted by someone who’d been seriously injured in a construction accident and he asked me if we were going to have to go to trial. The answer to that, first and foremost, is most cases don’t go to trial, but there isn’t a clear answer right away. That decision is going to be up to him. As the client, he is the boss on whether or not we take a settlement offer.

We will always advise our clients on whether we think an offer is fair or if we think that it’s better to go to trial, but the client always gets to make that final decision. Beyond that, if, for whatever reason, we are forced to go to trial because the insurance company on the other side won’t make a fair settlement offer, then that’s an opportunity for you to tell your story to a jury of your peers and ask for fair and just compensation because of how your life has been affected. Beyond that, we’ll always make sure you’re extremely prepared.

Call Our Office Today

If your construction accident left you in a rough spot, please call experienced Daniel Smith, personal injury attorney in Austin, TX, today for a free confidential consultation. We will make sure that your case is on track, the insurance company isn’t hassling you into a low settlement, and that your rights are well protected. We will work hard to get you the compensation that you deserve.

Dog Bite Lawyer Austin, TX

According to the American Veterinary Medical Association, Texas ranks ninth in the country for the amount of people who have dogs. Approximately 44% of households have a dog in Texas, making it highly likely that you’ll encounter a dog walking down a street or going over to someone’s house. When you or someone you love are bitten by a dog, it can be really shocking and cause a lot of damage. We want to guide you through your dog bite case and make sure your right to compensation is fully protected. Our personal injury attorney in Austin, TX, Daniel Smith is highly experienced in these cases and will be glad to take your call to set up a free consultation.

Types of Dog Bite Injuries

If you have ever played with a dog and it play bites you, that’s not necessarily the same thing as a dog bite. Play bites usually don’t leave a scratch, but when a dog attacks, it can cause permanent damage. A particularly vicious animal is capable of injuring you in many ways. Here are some common injuries:

  • Rabies transmission
  • Infections from bites and cuts
  • Permanent scarring and disfigurement
  • Emotional trauma
  • Nerve damage
  • Tendon damage

We want to say how sorry we are that you have had to deal with injuries from a dog attack. Fortunately, you are going to be able to receive more compensation if your injuries are worse. These injuries can be long-lasting and cause you permanent mental anguish.

First Steps After the Bite

On the topic of injuries, you need to know that getting your injuries tended to is so important. If you wait to get to the doctor, you run the risk of further worsening your condition. You are also at risk of getting serious infections. A doctor can make sure you are protect from rabies if you get the treatment right away. Also, if you wait for treatment, the liable party’s insurance company is going to try to throw your case out on the basis that you don’t have need for compensation. The first and most important step for yourself after a dog bite is to seek medical attention.

If you are able to stay on the scene for a few short moments, you will want to collect evidence. Maybe you do this while you are waiting for someone to come bring you to the emergency room, or maybe you call an attorney to come do it for you because your injury just cannot wait. You should ask the owner if the dog has all of it’s necessary vaccinations. You can take photos of the area of the attack, the dog, and the injuries it inflicted on you.

A hugely important step is to hire an experienced personal injury attorney in Austin, TX to make sure that you have everything you need for a successful case. It is almost guaranteed that you will be grateful to have the guidance and support from someone who has dealt with cases like this before and knows how to get you the result you need.

Getting Compensation After a Dog Bite in Austin, TX

Getting CompensationThere is a common misconception when it comes to bringing a dog bite claim against the liable party. A lot of times, these attacks happen at a friend or acquaintance’s house which makes a lot of people reluctant to bring a claim. What you need to understand is that you are not getting compensation out of your friend’s pocket. You are getting compensation from their insurance company who is prepared for cases like this. That’s why they have insurance.

When you ask for compensation, we take into account your medical needs and we work with medical professionals to figure out what you will need in the future in terms of treatment. We will then help you to get the award from the insurance company in the fullest and most fair amount. You have every right to bring a claim, even if you are friends with the dog owner. They still did something wrong that lead to this accident and you shouldn’t have to pay for this mistake.

Dealing with Insurance After a Dog Bite in Austin, TX

Do not be surprised if, very quickly after the incident, you are contacted by a representative of the liable party’s insurance company. They will be looking for a recorded statement from you and you should not give them one. They might seem helpful and polite, but they are trained to get answers from you that will make it seem like you are at fault for the incident. You should avoid talking to them, and let your attorney take over communication.

Frequently Asked Questions

What Do I Do After the Accident?

Recently I got a call from someone who was seriously injured from a dog bite, and they asked me what they should do. The first thing I told them is they should go seek medical treatment immediately and make sure to follow the doctor’s orders. That gives them the best chance at a full recovery.

The next thing they need to do is hire an attorney, and they need to hire an attorney quickly because evidence goes cold. An attorney is there not just to represent you but also to act as an investigator and collect all the evidence available. Witnesses forget things; people move. It’s important to collect all of that as quickly as possible.

Lastly, you need to hire the right attorney. The right attorney is someone who devotes a significant portion of their practice to personal injury law and knows how dog bite cases work. Dog bite cases are different than other cases. Also, that person should also be a trial attorney. That means they work every case as if they were going to trial.

If you’ve recently been injured from a dog bite, please don’t hesitate to give our office a call. We’ll be happy to answer any questions.

How Do I Find the Right Attorney?

When choosing a dog bite attorney, you need to be able to establish a level of comfort and trust with that attorney. Attorney-client relationships are very important. Next, you need to hire someone who devotes a large part of their practice to personal injury law and has experience in dog bites specifically. Dog bites are different than car wrecks. Different laws apply as to who is responsible if a dog bites someone.

Next, you need to hire a trial attorney. Trial attorneys work cases differently. Also, insurance companies know who the trial attorneys are and that gives you a better chance at a fair settlement offer. Lastly, if you are unable to resolve your case and you’re ready to go to trial, you need to have a trial attorney for that. Please don’t hesitate to call our office. If you have any questions, I’d be happy to meet with you and answer them.

Should I Talk to the Insurance Company?

Recently someone contacted me after they’d been a victim of a dog bite, and they asked me, “What are the two most common mistakes that happen with insurance companies after a dog bite case?” There are two mistakes that pop up time and time again.

The first mistake is that they give a recorded statement. They think that by cooperating with the insurance company, the insurance company will cooperate with them and offer them a fair deal. That isn’t the case. The insurance company isn’t going to offer to share the other recorded statements they take. They’re not going to share the other information that they gather. What the insurance company and their adjuster are doing is trying to find any way to limit the amount they pay to you or any other victim of a dog bite. The insurance company is in the business of paying as little as possible. It’s not in the business of fairly compensating people for injuries they’ve suffered. If insurance companies offered fair numbers without attorneys involved, I would be out of business.

The second big mistake I see people make is they take the first offer, and that’s very much related to the previous mistake. Insurance companies are going to lowball you because they’re not in the business of offering you a fair amount for your claim. They’re going to start by lowballing you and see if you’ll take a very unjust amount and walk away from your claim quickly.

If you’ve been injured in a dog bite case, please don’t hesitate to contact our office and we will do our best to assist you.

How Much Is My Case Worth?

Recently I was contacted by someone who had been bit by a dog and was seriously injured. They asked me, “How much is my case worth?” Unfortunately, early on, we don’t know the answer to that question.

The first thing we have to know is the extent of your injuries. Until we know the extent of your injuries, we don’t know how much your case is worth. We won’t be able to determine this until you’ve completed your medical treatment. There are a few different types of compensation you can receive when you’ve been injured by a dog bite in Austin, TX, and that includes permanent disfigurement, past and future pain and suffering, past and future lost wages, and past and future medical costs. Every case is different.

If you’ve recently been injured by a dog bite in Austin, TX, please don’t hesitate to call my office and we’ll be happy to answer any questions that you may have.

How Long Will My Case Take?

A client who had been bitten by a dog wanted to know how long the entire dog bite case process would take. Unfortunately, early on, there is no clear answer. The first thing we have to know is the extent of medical treatment that someone needs. An example of that with a dog bite is if the scar is going to heal. Will you need further medical treatment? Are you going to be permanently disfigured?

Once we know the answer to that question, we can submit a demand to the insurance company asking for fair and just compensation, outlining what happened and the extent of all your injuries. The insurance company has a few weeks to respond. If they respond with a number that’s fair or close to fair, we’ll negotiate with them. If they don’t, then we’ll file a lawsuit.

When we file the lawsuit, the first thing we have to do is serve the defendant. Normally, there are no issues serving the defendant, but occasionally defendants will try to run away from being served and avoid it. After a defendant is served, they have 30 days to respond to the lawsuit. When they respond to the lawsuit, they’re almost always represented by an attorney, and the first thing we do is we call them and ask them for a trial date, and then there’s an end in sight.

Throughout your whole case, we’ll be trying to negotiate a fair settlement and if we are unable to negotiate a fair settlement, at the very least you’ll have your day to tell your story in trial. If this is the case, we will make sure that you are fully prepared and ready for trial.

What Mistakes Should I Avoid Making?

I was recently contacted by someone who had been bitten by a dog, and they asked me, “What are the most common mistakes that people make?” The first mistake that people make is they don’t seek medical treatment right away. Related to that is they don’t follow the doctor’s orders. If you don’t seek medical treatment right away or don’t follow the doctor’s orders, you lessen your chance at a full recovery.

People will also make the mistake of also talking to the insurance adjuster. Insurance adjusters are there to limit the exposure of the insurance company. They’re not there to fairly compensate someone for their claims.

Also, people make the mistake of waiting to hire an attorney. Don’t delay in hiring an attorney to represent you. An attorney is there to represent your best interest. You also need to make sure to hire the right attorney. That attorney needs to have experience and largely devote their practice to personal injury law, as well as understand how a dog bite case works.

Also, the attorney should be a trial attorney. Insurance companies know who the trial attorneys are, and that makes them more likely to fairly compensate someone for their claims without going to trial. However, if you are in the minority of cases that do go to trial, that means you need an attorney who is experienced in the courtroom.

Will My Dog Bite Case Go to Trial?

Clients often want to know if their dog bite injury case will go to trial. There isn’t a clear answer for that. What I can tell you is that you will always be the decision-maker on whether or not to take any settlement. My role as an attorney is to give my advice on whether a number is fair or unfair. If you want to take an offer, you always get to make that decision. I can also assure you that if we do go to trial, you’ll be thoroughly prepared and there is nothing to be worried about. Going to trial is an opportunity for you to tell your story to a judge and jury of your peers.

If you’ve been injured from a dog bite in Austin, TX, please don’t hesitate to contact our office and we’ll answer any questions you have.

Call Our Office Today

If you or your child has been attacked by a dog, please do not hesitate to get in contact with experienced personal injury attorney in Austin, TX, Daniel Smith right away. You do not want your case to get thrown out because you waited too long to get it started. We are here to guide you through every step of the process and make sure that you are being taken care of. Please call our office today for a free consultation.

Medical Malpractice Lawyer Austin, TX

Have you been injured by a medical professional who was acting negligently while you were under their care? Our Austin, TX medical malpractice attorney is here to guide you through the process of bringing a claim against the liable party. If you call our office, you can get a free consultation.

Medical malpractice is a complicated type of personal injury case because you have the burden of proof to show the insurance company representing the medical practitioner that they are the reason you’re injured. While this is a tricky task, our personal injury attorney in Austin, TX is up for the challenge.

These cases can also be particularly frustrating because you seek medical attention to feel better, and if you are a victim of medical malpractice, it can feel like a betrayal of trust. You very well may be suffering from a lack of care that you needed in addition to wrong care that has harmed you in ways you were perfectly healthy before. This can affect your physical and emotional health.

Since 2003, there have been tort reform measures that have been passed with the sole purpose of making medical malpractice cases harder to file and litigate. It also makes it harder to recover the amount of compensation that should be collected. That is why you want a highly experienced personal injury lawyer Austin, TX like Dan Smith who knows how to handle a tricky case successfully.

Defining Medical Malpractice in Austin, TX

Medical malpractice is a term that covers a lot more than just doctors. If any healthcare professional has caused you harm, you may be able to bring a medical malpractice claim. Anyone whose job it is to get you healthy has the potential to behave negligently and injure you. The different types of medical professionals who might be guilty of medical malpractice include doctors, labor coaches, midwives, surgical workers, anesthesiologists, physical therapists, resident nurses, hospitals, psychotherapists, lab techs, nurse aids, estheticians, and urgent care facilities.

Common Medical Malpractice Injuries

Our Austin, TX medical malpractice attorney strives to get the job done right for you. You need a strong, dedicated, and experienced attorney to handle your case successfully. We can help you if you have been injured due to:

  • Birth injuries
  • A cancer misdiagnosis or failure to diagnose cancer
  • Nursing home negligence
  • Dental malpractice
  • Errors and mistakes during surgery
  • Missing a diagnosis
  • Failure to treat
  • Product defects
  • Pharmaceutical errors
  • Misinformation from a doctor

There may be even more potential medical malpractice injuries and scenarios. The best way to determine if you are eligible for a claim is to contact our personal injury attorney in Austin, TX right away.

Frequently Asked Questions

What Do I Do After My Injury?

The first thing you need to do is hire an attorney immediately because evidence disappears, witnesses forget things, and stories change. Part of an attorney’s role is to act as a detective and investigator and get what happened on the record.

You also need to hire the right attorney. The right attorney has experience in personal injury matters and medical malpractice specifically because every medical malpractice claim is unique, and medical malpractice claims are very difficult in Austin.

Lastly, that attorney needs to be a trial attorney. That means that attorney prepares every case as if they are going to trial. Insurance companies know who will go to trial and treat your case differently.

How Do I Find the Right Attorney?

The first thing in finding the right attorney is you need to establish a level of comfort and trust with them, and that should be able to happen in that first meeting, whether it be over the phone or in person.

Next, you need to hire someone with experience in medical malpractice. The laws have changed a lot in Austin with regards to medical malpractice cases, and if you don’t have someone who has experience in that area, then they might not understand all the differences in the laws, how the laws changed, and how to best represent you.

Lastly, you need to hire a trial attorney. Insurance companies know who the trial attorneys are and they treat those attorneys differently. They’re more likely to get a fair settlement offer earlier in litigation. If, for whatever reason, you are unable to get your lawsuit resolved, they’re ready to go to trial and get you the best result possible.

How Much is My Case Worth?

Recently, I was contacted by someone who was seriously injured due to medical malpractice. One of the questions they had for me was, “How much is my case worth?” Unfortunately, that’s a difficult question to answer, especially in the beginning. Medical malpractice claims are unique in Austin, TX. There’s a limit for compensation. You can only receive up to $250,000 in pain and suffering, so you can’t receive more than that.

Also, you can receive compensation for all your past medical bills, as well as any future medical expenses that you may have. Additionally, you may receive compensation for future lost wages and past lost wages.

How Long Will My Case Take?

When asking, “How long will my case take to resolve?” understand that, early on, there is no crystal clear answer. The first thing we have to know is the extent of your injuries, and we don’t know the extent of your injuries until you’re done with your medical treatment.

If we submit a demand prematurely, we run the risk of missing something. If that’s the case, you’re not going to be fairly compensated. After you are done with your medical treatment, we submit that demand. The insurance company has a few weeks to respond. If they respond with a number and it’s something we can work with, we negotiate with them. If it’s not a number we can work with, then we file a lawsuit.

After we file a lawsuit, we have to serve the defendants. Normally, serving the defendants isn’t an issue. After defendants have been served, they have 30 days to respond. Once they respond, they almost always hire an attorney, and we immediately contact that attorney and try to get a trial date, and then there’s an end in sight.

Will My Medical Malpractice Case Go to Trial?

Recently, I was contacted by someone who had been a victim of medical malpractice, and she asked me if her case was going to go to trial. The answer to that is unclear. Most cases don’t go to trial. I can assure you that you will always be able to make the decision on whether or not to take a settlement offer or not. My role is to advise on whether that offer is fair. As the client, you get to make the decision on whether or not to accept the offer.

In the off chance that we do go to trial, I can also assure you that you will always be very well-prepared. Trial is an opportunity for you to tell your story about what happened, and there’s nothing to worry about.

Call Our Austin Medical Malpractice Attorney Today

We often hear from people who have been hurt due to medical malpractice and they commonly are worried about how to handle these cases. We will do everything we can to make you feel like a priority and keep you informed. This will start when you call us to set up a free case evaluation.

If you do not know if you will be eligible for a medical malpractice claim, the best possible thing you can do is call a personal injury attorney in Austin, TX right away. We will go through the details and do the heavy lifting to determine what your legal options are. We will never charge you to review your claim and when we take on your case, we will never charge you until after we successfully litigate and win your case.

Motorcycle Accident Lawyer Austin, TX

When a motorcycle accident occurs, it can be a catastrophe. You may be severely injured, have a ton of medical bills, and not be able to return to work. Even when you’re on the mend, your vehicle may be beyond repair, leaving you without a way to get around. It’s hard to know that you’re in this predicament because of someone else’s negligence. All of this can cause you and your family a lot of stress and grief. Our personal injury attorney in Austin, TX will work very hard to get you the best possible result. You deserve to get compensation for your injuries and damages.

Important First Steps

There are two very important things that need to happen moments after the scene. The most important of the two considerations is seeking medical attention. The injuries you experience may be severe and life-threatening and you do not want to hang around waiting at the scene if you are in danger.

While the other important consideration is collecting evidence, you should not prioritize that over your own health. If you are able to stay on the scene and take photos, talk to witnesses, and get insurance information from the other driver, you should do so, but not if you’re terribly injured. In that case, you should have a friend, family member, or attorney come onto the scene and do the evidence collection for you. We cannot stress how important it is to get to the doctor.

It is also very important to get to an attorney right away. They will be your guide throughout the whole process. As mentioned, they can collect evidence. They can start working on your case before you’ve even seen a doctor. They can also make sure that the evidence is used properly and effectively. You do not want to delay in hiring an attorney so that you have the best chance possible at the highest amount of compensation.

Types of Motorcycle Accident Injuries in Austin, TX

These accident can be so devastating for the motorcycle rider. The bike you’re on doesn’t give you the protection of a car or SUV. You are more exposed to the elements on a bike and that might mean you have more severe injuries. The most common types of motorcycle accident injuries are:

  • Broken bones
  • Road burn
  • Dislocation
  • Spinal cord damage
  • Brain injury
  • Concussion
  • Internal injury

We want to express just how sorry we are that this has happened to you. You might require surgery and life-long care, or you may someday make a full recovery. This is something that your personal injury attorney in Austin, TX will take into consideration when they are negotiating with the insurance company for your just compensation.

Statute of Limitations for a Motorcycle Accident in Austin, TX

In Austin, from the date of the motorcycle accident, you have two years to bring your claim or settle it in civil court. This might initially seem like a long time, but in a legal aspect, it’s not. You have to go through treatment and either be done treating, or have a clear idea of what your medical future holds. You don’t want to wait until the day before your time limit runs out to call an attorney. At that point, there is probably no way to help you. If it always wise to call an attorney as soon as you are physically able to.

How Compensation Works in Austin, TX

When you go after compensation, you are seeking money damages from the liable party’s insurance company. The way it works is that they will be awarding you compensation for your medical bills, lost wages, and expenses you have had to pay out of your own pocket that is relating to the accident.

In Austin, we follow the rules of modified comparative negligence. What that means is if you are deemed to be 50% or more at fault for the accident, you will be barred from receiving compensation altogether. If you are deemed to be less than 50% at fault, then your award will be reduced to reflect the percent of fault you were. If you are not found to share any fault, you will receive your whole award. Let’s say you are awarded $100,000 for your damages, but you are found to be 10% at fault. You would then be collecting $90,000 in compensation. A strong, experienced personal injury attorney in Austin, TX will dedicate their job to keeping your award from being barred or reduced.

Insurance Company Issues

The insurance company for the liable party has the opposite job that your attorney does. They don’t want to make sure you have full compensation; in fact the insurance company will do their best to reduce or eliminate your claim. When they come calling you for a recorded statement, you can tell them that all communication can go through your attorney.

Frequently Asked Questions

What Do I Do After the Accident?

Recently, I got a call from a gentleman who had been injured in a motorcycle accident, and he asked me what he should do. The first thing I told him is he needs to seek medical treatment immediately. In this case, I found that he was in the hospital, so I told him he needs to follow the doctor’s orders. Those things are very important so that he has the best chance at a recovery as possible, whether it be a full recovery or a partial recovery.

Next, I told him he needs to hire an attorney. It’s important to hire an attorney quickly so they can investigate what happened. Evidence gets lost and witnesses can forget. Even if the insurance company’s claiming they’re not disputing liability at this stage, they might dispute liability later. It’s important to gather all of that evidence.

Lastly, it’s important to hire the right attorney. The right attorney is someone who has experience in motorcycle accidents and is a trial attorney. Trial attorneys are treated differently by insurance companies because they don’t want to go to trial. Also, if you aren’t able to get your case resolved in settlement, that means you have an attorney who’s ready to go to trial.

How Do Choose the Right Attorney?

The first thing you have to do when finding the right attorney is be able to establish a level of comfort with that attorney. Attorney-client relationships are built on comfort and trust. In that first meeting, we’ll explain to you how the process works in your case specifically, because every case is different.

Next, you need to hire someone that is experienced in personal injury law and motorcycle wrecks specifically. Unfortunately, there’s a stigma against people who ride motorcycles. A lot of juries believe that if you’re in a wreck and you’re on a motorcycle, then it must be at least partially your fault. That’s not true. You need to hire an attorney who understands that issue and other issues that are specific to motorcycle wrecks.

Next, you need to hire someone who is a trial attorney. The reason you need to do that is because insurance companies on the other side know who the trial attorneys are, and that’s what will get you the best result as far as a fair settlement offer. If, for whatever reason, the insurance company isn’t willing to be fair and won’t give a fair settlement offer, we’re ready to go to trial. We’ll go to trial and we’ll get you the best result that we can.

Should I Talk to the Insurance Company?

The first mistake that people make is they give a recorded statement. Insurance adjusters are trained to ask questions that are intentionally misleading, and they want to pay as little as possible. You have no obligation to give that recorded statement.

The next mistake that people make is they take the first offer from the insurance company. The insurance company almost always lowballs people with their first offer, and they’re just trying it done quickly and cheaply.

What Mistakes Should I Avoid?

The first mistake that people make regarding motorcycle accident cases is they don’t seek medical treatment right away. Related to that mistake is they don’t follow the doctor’s orders. When you don’t seek medical treatment right away and you don’t follow the doctor’s orders, the worst part of it is you’re hurting yourself because you’re hurting your chances at recovery. Second to that, the insurance company is going to treat you differently because they’re going to say you would’ve gone to the doctor right away or they would have followed the doctor’s orders if you were actually hurt.

The next mistake that people make is they give a recorded statement. Don’t give a recorded statement to the insurance adjusters. Insurance companies and insurance adjusters are not in the business of providing people with fair and just compensation for their claims. They’re in the business of limiting their exposure and paying as little as possible.

The next mistake people make is they delay in hiring legal representation. When you delay in hiring legal representation, that means that your attorney has a harder time investigating what actually occurred. Witnesses will forget things or they’ll go missing. We need to make those phone calls and investigate as close to the accident as possible.

The last mistake people make is they hire the wrong attorney. People need to hire personal injury attorneys who have experience in motorcycle accidents. Beyond that, they need to hire a trial attorney who has experience going to trial. If they don’t, that’s generally what costs them the most. Insurance companies know which attorneys go to trial and they compensate people accordingly. In the worst-case scenario, that the insurance company never comes to the table with a fair offer before trial, you have an attorney who is ready to go to trial and represent you and get the best possible outcome.

How Much is My Case Worth?

Early on, there isn’t a clear way to know how much your case is worth. We don’t know how much your case is worth until we know the extent of your medical injuries, at the very least. Once we know that, we can give you a better idea. Until you’re done with your medical treatment, we can’t know. Generally as a good rule of thumb, the more serious your injuries, the more your case is worth.

There are a few different types of compensation that you can receive for your injuries in Austin. You can receive past and future lost wages, past and future pain and suffering, and past and future medical costs.

How Long Will My Case Take?

The other day, I got a call from an individual who had just been in a motorcycle accident, and he asked me how long it’s going to take for his claim to be resolved. Unfortunately, early on, there isn’t a crystal clear answer. The first thing that needs to happen is you need to complete your medical treatment, or get to a stage in your medical treatment where you are sure of what your diagnoses are and what treatment you need in the future. Only at that time can we submit a claim to the insurance company asking for fair and just compensation. If we submit a claim before you’re done treating or before we know the extent of your injuries, we can’t be asking for fair and just compensation, and it puts you in a position where you’ll be receiving a lot less than you should, and you might not have the money later to do medical treatments that you need.

After you’re done with your medical treatment, we submit a demand to the insurance company outlining what happened, the extent of your injuries, and ask for fair compensation. They normally have a few weeks to respond. After they respond, if it’s something that we can work with, we negotiate with them. If it’s not, then we file the lawsuit. Unfortunately, normally, we have to file a lawsuit.

When we file that lawsuit, we have to first serve the defendants. Normally, that’s not a problem, but occasionally people will try to avoid service, and pretend that it never happened, and try to run away. Once they’re served, they have 30 days to respond. In their response they are almost always represented by an attorney. Once there’s a response with an attorney on file, we contact that attorney and try to get a trial date as soon as possible. Then we have an end in sight. Hopefully, we can resolve your case fairly without going to trial, but we’re also ready to go to trial.

What If I Have a Preexisting Condition?

A person is legally responsible for the change in someone’s condition if they cause your motorcycle accident. For example, if you were in a motorcycle accident and you had back pain that was a two on a pain scale of one to ten before the accident, then after the accident it was a five or a six, the third-party would be responsible for that change. Preexisting conditions really need to be looked at on a case-by-case basis.

Will My Motorcycle Accident Case Go to Trial?

You may be wondering, “Will my case go to trial?” The answer to the question is unclear right away. Most cases don’t go to trial. However, as the client, you are always in charge of whether or not we take any settlement offer or not. My role as the attorney is to advise you on whether or not I think that settlement offer is fair or just, but, as my client, you are the boss. If you ever say that you want to take an offer, you get to do it.

In the case that the other side never makes an offer that the client agrees with, then we go to trial. If we go to trial, you will always be well-prepared. It’s an opportunity for you to tell your story to a jury of your peers and a judge.

Contact Our Office Today

If you need an experienced personal injury attorney in Austin, TX to take on your case and see what needs to be done in order to get you the best possible result, please call our office today for a free consultation and get your case started.

Pedestrian Accident Lawyer Austin, TX

If you have been hit by a car while walking and are suffering from severe injuries, you may be eligible to file a pedestrian accident claim. Our experienced personal injury attorney in Austin, TX can take on your case and fight to get you the compensation you deserve. We are sorry that you have to deal with these injuries that could have been prevented. If you have a lot of medical bills, are missing time at work, and can’t enjoy your life because of the accident, please call our office today for a free initial consultation.

Pedestrian Accident Statute of Limitations in Austin, TX

In Austin, you have to abide by the statute of limitations. You have two years from the date of the accident to either bring your claim or have it settled. This is not a loose time limit. It is hard and final. If you try to bring a claim a day after two years, you will be barred from compensation altogether. Just because you have two years to file the claim, doesn’t mean you should take that whole time to talk to an attorney. The sooner you talk to a personal injury attorney in Austin, TX, the more time you have to strengthen your case which will ensure you have the best possible result.

Rules of Compensation for a Pedestrian Accident in Austin, TX

There are some simple rules in Austin that we follow regarding the amount of compensation you can get. Texas is a state that uses modified comparative negligence. You can get barred from receiving compensation if you are found to be more than 50% at fault for the accident. This might happen if you really didn’t look both ways and walked into moving traffic. Most likely, that’s not the case. If you are at fault for less than 50%, you won’t be barred from compensation, but you will have your award reduced. This might happen if you crossed somewhere that there wasn’t a designated crosswalk, but the driver of the car that hit you was being careless. In these cases, it’s down to math. If you were awarded $100,000 and deemed to be 10% at fault, then you can collect $90,000 of the award. Now, if you were deemed 0% at fault for the accident because the driver was perhaps on their cellphone and should have stopped for you, then you do not have to worry about any reduction to your compensation.

Dealing with the Insurance Company

The ones who have a role in pointing blame at you is the liable party’s insurance company. They have a job to protect their own interests, which is saving money. They will try their very best to reduce or eliminate your claim. If they call you shortly after the accident asking for a statement about the accident. If you value your claim, you should not give them any details about what happened. They aren’t actually trying to be helpful. They are trying to trip you up and get you to say something that would give them a reason to withhold the compensation that you fully deserve. When they call you, tell them that they can ask the questions they need to through your personal injury attorney in Austin, TX.

Steps to Take Before Filing

Getting to a doctor is so important after the accident. You might not have a choice if you were knocked unconscious and taken on an ambulance. If you need emergency medical attention, you should be seeking it as soon as you’re able to. If you try to brush off some of your pain, you run the risk of worsening your condition. Also, if you avoid going to the doctor, the insurance company will try to say that you couldn’t possibly be that injured and that you do not deserve compensation for your injuries. Therefore, it is the most important thing you need to do for yourself and for your case if you want it to be successful.

It is just as important to hire an attorney who knows what they are doing. At the scene of the accident, you need to collect evidence. If you’re too injured to do it yourself, then your attorney can do it for you. Photos need to be taken of the scene and the debris from the collision. Contact information needs to be gather from witnesses and the driver who hit you. That can all be done with the help of your attorney.

Frequently Asked Questions

What Do I Do After My Accident?

The first you should do after a pedestrian accident is go seek medical treatment immediately and follow the doctor’s orders. That gives you the best chance at recovery, hopefully a full recovery. The next thing you need to do is hire an attorney immediately. Part of the role of an attorney is to act as a detective and investigator and collect all the evidence. Evidence disappears and trails go cold. The attorney needs to find witnesses and talk to them as soon as possible.

Lastly, you need to hire the right attorney. The right attorney is a person who focuses primarily on personal injury litigation. If they don’t focus on personal injury litigation, then they might not know everything with regards to the law. Beyond that, it’s important to hire someone who’s a trial attorney. A trial attorney is someone who prepares every case as if they’re going to trial.

How Do I Find the Right Attorney?

You may be wondering, “How do I choose the best pedestrian accident attorney?” First, you have to establish a level of trust and comfort with that attorney, and you should be able to do that in the first meeting, whether it be over the phone or in-person.

Next, you need to hire someone who has experience in pedestrian accidents and not just personal injury law. Pedestrian accidents are different than a car wreck, and if someone doesn’t have that experience, they may not know how to avoid some of the unique pitfalls in those cases.

Lastly, you need to hire someone who is a trial attorney. Trial attorneys work cases differently and insurance companies take notice. Insurance companies know who the trial attorneys are, and they treat them more fairly, and are more likely to put a fair settlement on the table and not force you to go to trial. If, in the rare instance you do have to go to trial, trial attorneys are ready to do that for you.

Should I Talk to the Insurance Company?

There are two big mistakes that happen time and time again when dealing with insurance companies.

The first mistake is that people give a recorded statement. They think that they’re cooperating with the insurance company and that the insurance company will treat them fairly, but that’s wrong. The instance company is not going to share other people’s recorded statements with you. The only thing they’re doing is they’re trying to limit their exposure and trap you in the recorded statement to say anything that can hurt your claim.

The next big mistake that is when people take the first offer, when it’s almost always negotiable. More than that, the first offer is a lowball. The insurance company is seeing if they can get away with paying you way less money than you deserve, money that does not fairly compensate you for your injuries.

What Mistakes Should I Avoid?

The first mistake that people make after a pedestrian accident is they delay in seeking medical treatment. Closely related to that is they don’t follow the doctor’s orders. It’s very important to seek medical treatment and follow the doctor’s orders so you can recover to the best of your ability. If you delay or you don’t follow the doctor’s orders, you’re not going to recover as much as you would have otherwise.

The next mistake people make is they give a recorded statement to the insurance company. Insurance adjusters are there not to give you fair and just compensation for your claims, but to limit the exposure and pay as little as possible. Related to that, a common mistake people make is they delay in hiring an attorney. When you hire an attorney, that attorney can investigate the pedestrian accident right away and can help prepare you for a recorded statement.

Related to that, a common mistake people make is they don’t hire the right attorney. People need to hire an attorney who specializes in personal injury law and has experience in pedestrian accidents specifically. Pedestrian accidents are different than other accidents. Every case is unique. Also, the attorney needs to be a trial attorney. That way, your case is being worked on as if it’s going to trial the whole time. If that happens, you’re more likely to get a fair settlement offer from the insurance company without going to trial. If you do have to go to trial, then you’re represented by someone who’s used to going to trial.

How Much is My Case Worth?

Unfortunately, at the beginning of a pedestrian case, we won’t know the value of your case. As a general rule of thumb, the more serious your injuries, the more your case is worth. However, we don’t know the extent of your injuries until you’re done with medical treatment.

There are a few different types of compensation you can receive for personal injury claims in Austin. This includes past and future lost wages, past and future pain and suffering, and past and future medical costs.

The first thing that has to happen to resolve your case is you need to complete your medical treatment or get to a stage in your medical treatment where we are sure what the extent of your injuries are. Once we know the extent of your injuries and what happened, we can submit a demand to the insurance company outlining all the facts and ask for fair and just compensation.  After we submit the demand, they have a few weeks to respond. If they respond and it’s something that we can work with, we negotiate and we try to get your case resolved right then. Unfortunately, most of the time that doesn’t happen and we have to file a lawsuit.

When we file a lawsuit, we then have to serve the defendant. Normally, that’s not an issue, but occasionally people try to avoid service. Once they’re served, they have 30 days to respond to the lawsuit. Normally when an answer is on file, there’s an attorney on record, and at that point we immediately contact that attorney and try to get a trial date, and that way there’s an end in sight. Hopefully, we’re able to negotiate a fair settlement without going to trial, but if not, we’re ready.

What If I Have a Preexisting Condition?

A third-party is responsible for any changes in your condition. For example, if you had a back injury before that on average was a two on a pain scale of one to ten before you were hit by a car, and then after you were hit by a car it was an average of a six, the driver would be responsible for the change in your condition. Preexisting conditions are very complicated and should be looked at on a case-by-case basis.

Will My Pedestrian Accident Case Go to Trial?

You may be wondering, “Will my case go to trial?” The answer to that question is unclear right away. All I can assure you is that you are the boss with regards to the settlement offer. If you want to take a settlement offer, then you can take it. My role is to offer you advice on whether I think it’s a fair offer or not. The client always gets to make the decision on whether or not to take the settlement offer.

If for whatever reason we do go to trial, I can assure that you will always be very well-prepared. Going to trial is nothing to be worried about. Truly, it’s an opportunity for you to tell you story to a jury of your peers and a judge.

Contact Our Office Today

When you are injured in a pedestrian accident, it can stir up a lot of trouble in your life. You might not be able to return to normal day-to-day life and that can be hard on you and your family. We will do everything I can to get you the most compensation possible. Please call personal injury attorney in Austin, TX Daniel Smith today for a free consultation. We will be glad to take your call and go over your case in detail so that you feel supported and educated about your case.

Slip and Fall Injury Lawyer Austin, TX

Sometimes tripping can be a minor, slightly embarrassing event. You might be able to brush it off and laugh about it later. Other times, it can cause some pretty significant injuries that will affect your life. When you are involved in a slip and fall that results in injuries, please do not hesitate to call a personal injury attorney in Austin, TX today for a free consultation. We will get started on your case right away to make sure that you are set to get the compensation you need and deserve. We will not settle for less than that.

Types of Slip and Fall Injuries

If you think about slipping and falling, most people can get up and walk away with a bruise or two and be just fine. If you’re here, you probably did not get off so easily. There are a few different types of injuries you can get from tripping or slipping. They include:

  • Broken bones and fractures
  • Dislocation
  • Concussion
  • Spinal cord injury
  • Injury to soft tissue

It is possible that some of the damage you have had will be permanent and that will be taken into account when your personal injury attorney in Austin, TX comes up with a number to ask the liable party’s insurance company for.

Essential First Steps for a Good Case in Austin, TX

After the incident, there are two things that need to be done right away. Odds are your injuries won’t be life-threatening, but if they are, you need to get to the emergency room immediately. Otherwise, you can wait to get to the urgent care or your primary doctor long enough to collect some evidence from the scene. The most important thing to do is get photos of what caused your slip and fall. If you were at a grocery store and you slipping in a spill, get a photo of that. If you were at a friend’s house and they have a driveway that was uneven and you tripped on that, get a photo. To utilize this evidence in the best way possible, you should hire an experienced personal injury attorney in Austin, TX right away.

How to Get Full Compensation in Austin, TX

Texas is a modified comparative negligence state which has to do with how you can get compensation and what would need to happen to get you barred from compensation. Modified comparative negligence means that you have the potential to have your award reduced or completely eliminated depending on if you are deemed at fault for the slip and fall. If you have been deemed 50% or more at fault, then you will no longer be eligible for compensation. If you are 0% at fault, you will be getting the full award of your compensation. When you have partial fault for an accident, your award will be reduced. For example, if you are found to be 10% at fault for your slip and fall for whatever reason, your award will be reduced by that percent. Let’s say you were awarded $50,000 and have that 10% of fault. You would be eligible for $45,0000 of that award.

Statute of Limitations for a Personal Injury in Austin

If you slip and fall today, according to Texas law, you would have two years from today to either bring your claim or settle it in civil court. This might seem like a really long time, but these cases don’t settle overnight. There is a lot to do with your attorney and having ample amount of time to get your case strong will only be a benefit to you. If you miss this time limit, you will lose your right to compensation completely. Do not delay after the accident to contact a personal injury attorney in Austin, TX to make sure you are well-prepared way before your statute of limitations runs out.

Liable Party’s Insurance Company

After the accident, you may be feeling hesitant to take legal action especially if you fell at a friend’s house. What you should know about slip and fall claims is that you are not suing your friend. You are not demanding they pay for your medical bills and lost wages out of their own pockets. You are asking their insurance company to pay your damages. You should never feel guilty for pursuing a claim. You should feel wary about the insurance company, though. They are not looking out for your best interests. Their goal is to keep you from getting the compensation you deserve. They will do this by asking you for a recorded statement and ask you questions that are framed in a way to make you seem like the liable party in this event. You can tell them that any questions can be asked through your personal injury attorney in Austin, TX.

Frequently Asked Questions

What Do I Do After I’m Hurt?

Recently, I got a call from someone who was seriously injured in a slip and fall accident, and they asked me what they should do. The first thing I told them was to seek medical treatment immediately and follow the doctor’s orders. That’s to give yourself the best chance at recovery.

The next thing is to notify the place where the incident occurred about what happened. Ideally, that’s done when the slip and fall occurred, but if it isn’t, then as soon as possible. After that, hire an attorney. Sometimes business have recordings of what occurred, but those recordings are automatically deleted, so it’s very important that an attorney contacts the business and witnesses as soon as possible to gather all of that evidence. Slip and falls are the hardest types of cases in Austin, so it’s of essential importance that all that evidence is gathered as soon as possible.

Lastly, it’s important to hire the right attorney. The right attorney is an attorney who is experienced in slip and falls and is focused on personal injury claims. Slip and falls are very different than other claims. That attorney should also be a trial attorney. That means that they prepare every case as if they are going to trial and are ready for it. Insurance companies know who those people are and they treat those attorneys more favorably.

How Do I Find the Right personal injury attorney in Austin, TX?

The other day, our office got a call about someone who had been in a store, slipped and fell because of a slippery substance on the floor and they broke their hip.  They asked me, “How do I choose the right attorney for my slip and fall case?” The first thing you need to establish is a level of comfort with the attorney. Attorney-client relationships are built on trust, and we should be able to do that in our first meeting, whether it be over the phone or in-person.

Next, you need to hire a personal injury attorney in Austin, TX with experience, not just in personal injury law but also slip and falls. Slip and falls are the hardest cases in Austin. Despite the Texas supreme court’s opinion to have these cases eliminated, we have still had success winning those cases, whether it be through a settlement or otherwise.

You need to hire someone who is a trial attorney. Trial attorneys work cases differently. They work every case as if they’re going to trial. Also, insurance companies and businesses on the other side know who the trial attorneys are by reputation, and that means that they’re more willing to give a fair settlement offer.

Should I Talk to the Insurance Company?

You may be wondering, “What are some of the common mistakes that people make when dealing with insurance companies that insure the business?” There are two main common mistakes that people make time and time again. The first common mistake is that people think that it’s a good idea to give a recorded statement. The insurance company is not going to cooperate with you. They won’t give you other people’s recorded statements even if it would help your case. They’re trying to trap you, and they’re doing everything they can to mislead you in the recorded statement to get you to say something that would help them pay you less and not fairly compensate you for your injuries.

The next big mistake that people make is they take the first offer from the insurance company. The insurance company is just trying to lowball you to get it done quickly and cheaply, and there’s no reason to accept that. The offer is negotiable.

What Mistakes Should I Avoid?

After a slip and fall, you may be asking yourself, “What are the common mistakes that people make?” The first mistake that people make is they don’t seek medical treatment immediately. Sometimes, if they do seek medical treatment, they don’t follow the doctor’s orders.

If you don’t follow the doctor’s orders or you don’t seek medical treatment immediately, the insurance company is going to say that you weren’t really hurt. They’re not going to understand that you waited to see if it was worth going to the doctor. They’re also not going to understand that you have other responsibilities in your life that you had to take care of.

The next most common mistake is people giving a recorded statement. They think that the insurance adjuster is trying to help fairly compensate them for their injuries, but that’s not true. They’re there to try to limit their exposure, and they are trained to try to trick you on those phone calls to get you to say things that will hurt your case.

The next most common mistake is delaying in hiring representation and sometimes hiring the wrong personal injury attorney in Austin, TX. You need to hire a personal injury attorney in Austin, TX who is focused on personal injury law and a large part of their practice should be devoted to slip and falls. These cases are different than other cases. You should get this attorney quickly so they can investigate and collect evidence before it goes missing. An attorney can help locate witnesses and do the best that they can to make sure those things do not go missing.

What If I Have a Preexisting Condition?

Preexisting conditions are complicated. For example, if someone had a back injury but then fell and injured their hip, their back injury that existed before the fall could’ve been unaffected and there would be no change to their case at all.

On the flip side, if they fell and they injured their back again, then the business would be responsible for the change. If their back was generally a pain level of three, on a scale of one to ten before the fall, but then a six after the fall, the business would be responsible for that change. Preexisting conditions really need to be looked at on a case-by-case basis in slip and fall accidents.

How Much is My Case Worth?

You may be looking to find the answer to the question, “How much is my case worth?” Unfortunately, early on, we don’t know that answer. It’s based on a number of things. Generally, as a good rule of thumb, the more serious your injuries, the more your case is worth.

Personal injury law in Austin, TX allows you to be compensated for past and future medical expenses, past and future lost wages, and past and future pain and suffering. Until you’re done with your medical treatment, it’s very difficult to determine how much your case is worth.

How Long Will This Case Take?

Unfortunately there isn’t a crystal clear answer to how long your case will take. The first thing we have to know is the extent of your injuries, and we won’t know that until you’re done with your medical treatment or you’re at a stage in your medical treatment where it’s very clear what the extent of your injuries are.

Once we know the extent of your injuries, we can submit a demand to the insurance company that outlines what happened, the extent of your injuries, and ask them for fair and just compensation. At that point, the insurance company normally has a few weeks to respond. If they respond with a number and it’s something we can work with, we try to negotiate a fair deal. Unfortunately, most of the time they don’t respond with something we can work with and we have to file a lawsuit.

After filing the lawsuit, we have to serve the defendant and they have 30 days to respond. Normally, there’s no issues with service, and when they respond they’re represented by an attorney. After the attorney responds, we call that attorney and we try to get a trial date, and then we have an end in sight. Hopefully, we can negotiate a fair settlement before that trial date, without having to go to trial, but if not, we’re ready to go to trial.

Will My Slip and Fall Case Go to Trial?

Recently I was talking to a client of mine who was a victim of a slip and fall, and she asked if we’re going to trial. The answer to that question is unclear. You will always be the boss on whether or not we accept a settlement. My job is to advise my clients on whether or not it is a fair and just offer. My clients can always disagree with me and decide to take an offer if they so choose.

Beyond that, what I can assure you is that you will be very well-prepared for trial. It is nothing to be scared of. It’s simply an opportunity for you to tell your story to a jury of your peers and a judge.

Call Our Austin Office Today

If you are looking for an experienced personal injury attorney in Austin, TX to take on your case and lead you to victory, please call Daniel Smith today for a free initial consultation. We will sit down with you and go over the details of the case from start to finish, let you know what your legal options are, and advice you on how to proceed. Do not hesitate to reach out to us today to get the ball rolling on your slip and fall case.

Truck Accident Lawyer Austin, TX

Too often when someone makes a mistake, it ends up resulting in consequences they never imagined. When it comes to getting hurt, it’s not different. A driver might think that a quick text won’t do much damage. These mistakes can cost innocent people their safety, health, and well being. That distracted driver now has to face the fact that they’ve not only caused someone injury, but also damaged their vehicle. These types of serious consequences happen all the time because people make foolish mistakes without considering the impact that they might have.

Our personal injury attorney in Austin, TX knows that the victims of these accidents need protection and we offer our services to you when you are faced with life-altering injury that could have been avoided. Our job is to represent you in your pursuit to get fair and just compensation. We want to be your champion. You deserve to get every penny you are entitled to. No one deserves to have their life turned on its head because of another person’s foolish errors.

Types of Truck Accident Injuries in Austin, TX

We understand that there are many different scenarios that could cause another person harm. People lose concentration, speed, are reckless, and generally can have a total lack of safety. There are several different types of truck accident injuries that we will represent you for. When our clients are in truck accidents, mostly commonly, we see these injuries:

  • Broken bones and fractures
  • Nerve damage
  • Tendon damage
  • Muscle tissue damage
  • Traumatic brain injury
  • Concussion
  • Spinal cord injury
  • Head or neck injuries
  • Paralysis
  • Scarring or disfigurement

Each truck accident carries its own set of potential injuries. They range from minor to highly severe. You could be suffering from something with an easy fix or you could be afflicted with an injury that might never heal. It is an unthinkable horror that is a reality to some people. When tragedy strikes, what we can help you with is getting compensation for your injuries.

Basic Compensation Laws in Austin, Texas

For all truck accidents that caused enough damage to where your no fault doesn’t cover all of it, you can pursue a personal injury claim. For a claim, you will be going after monetary compensation. Texas follows modified comparative negligence standards which allows you to receive compensation even if you are found to be at fault for your accident. The first issue is that you cannot collect a reward if you are found to be more than 50 percent at fault. The other issue is that, when you are found at fault up to 50 percent, you will get docked for however much you are at fault. For instance, if you’re found to be at fault for 20 percent and you’ve been awarded $100,000 for your injuries, you will be docked 20 percent leaving you with $80,000 to collect that accounts for the fault you shared in your accident.

It is very important that you get the right personal injury attorney in Austin, TX to support you through this journey so that you don’t lose out on compensation that you should be getting. You will have insurance adjusters on your case trying to get statements from you that will make you seem at fault even if you were not. Your attorney will take on that communication and protect your right to full and fair compensation.

Frequently Asked Questions

What Do I Do After My Truck Accident?

The first thing you need to do after a truck accident is follow the doctor’s orders. That gives you the best chance to recover as much as you are able to.

The next thing you need to do is hire a personal injury attorney in Austin, TX. It’s critical to hire a personal injury attorney in Austin, TX as quickly as possible. Evidence gets lost and witnesses forget things, and that attorney’s job is to gather all of the evidence that can be gathered to strengthen your case.

Lastly, you need to hire the right personal injury attorney in Austin, TX. The right attorney is a personal injury attorney in Austin, TX who does trucking cases. Trucking cases are different than other cases, they’re unique. It’s important that your attorney has experience and is a trial attorney. Trial attorneys are treated differently by the insurance companies. Insurance companies don’t want to go to trial. If they know that the other attorney is willing to go to trial, it gives you a better chance of getting a better result. Also, if you end up going to trial, your attorney will be ready.

How Do I Find the Right personal injury attorney in Austin, TX?

The other day I had someone call into our office who had just been in a wreck with a tractor trailer, and they asked me, “How do I choose the right personal injury attorney in Austin, TX for me in this trucking wreck?” The first thing is you have to establish a level of comfort with your attorney. Attorney-client relationships are based on comfort and trust, and we should be able to establish that in that first phone call or meeting.

Next, you need to hire someone who has experience in trucking wrecks. Trucking wrecks are different than other wrecks. You don’t want to hire someone that just dabbles in personal injury law or dabbles in trucking wrecks. You need someone who has experience and understands how to work those cases so you can get the best result.

Next, you need to hire someone who is a trial attorney because those attorneys will work a case from the beginning as if we’re going to trial, and that gets you the best result. Beyond that, insurance companies on the other side know who the trial attorneys are, so they’re more likely to give a fair settlement offer. Worst case, if we can’t get a fair settlement offer, we’re ready to go to trial and get you the best result that we can.

Should I Talk to the Insurance Company?

You may be wondering, “What are some of the common mistakes that people make when dealing with insurance companies?” The first mistake that people commonly make is they give a recorded statement. Insurance companies and their adjusters are trained to try and trick you during those statements. We will never tell you not to tell the truth, but it’s important that, before you give any statement, you’re prepared.

The next mistake that people make is they take the first offer. The first offer is almost always a lowball offer, and they’re just trying to see if, by chance, they can get it done quickly and cheaply for that amount.

What Mistakes Should I Avoid Making?

Recently, I was contacted by someone who had been seriously injured by a truck, and they asked, “What are some of the common mistakes that people make?” The first mistake people make is they don’t seek medical treatment right away. Closely related to that is they don’t follow the doctor’s orders after seeking medical treatment. Lawyers understand that you have lots of other responsibilities in your life, but insurance adjusters do not understand that. If you don’t seek treatment, or don’t follow up with your treatment, they’re going to say that you weren’t actually hurt.

Another common mistake people make is they give a recorded statement to the insurance adjuster. The insurance adjuster is there to limit the exposure of the insurance company. The insurance company is not there to fairly compensate people for their claims.

Another mistake people make is they delay in hiring a personal injury attorney in Austin, TX. It’s very important to hire an attorney as soon as possible so that your attorney can investigate your claim. There might be a recording that gets lost or deleted, and an attorney can help try to prevent that from happening.

Lastly, it’s important to hire the right personal injury attorney in Austin, TX. The right personal injury attorney in Austin, TX is someone who devotes a large part of their practice to personal injury claims and trucking accidents specifically. Trucking accidents are different than other cases. You want your personal injury attorney in Austin, TX to be a trial attorney. When you hire a trial attorney, that means the insurance company is going to know who they are, and the insurance company will more fairly compensate you when you have a trial attorney representing you because they don’t want to go to trial. If you’re unable to settle that case, a good thing is that you’re represented by someone who is ready to go to trial.

What if I Have a Preexisting Condition?

A person who was in a trucking accident and wanted to know how their preexisting condition would affect their claim. The answer is complicated. For example, if they had a back injury that bothered them and they suffered pain between a two and a four in their back before the truck accident, but after the trucking accident they’re pain got to as high as an eight, then the truck would be responsible for the change in their condition, but it would not be responsible for anything that had already existed. Preexisting conditions are very complicated and vary a lot on a case-by-case basis.

How Much is My Case Worth?

One of the first questions people usually have for me is, “How much is my case worth?” Unfortunately, early on, there isn’t a good answer to that question. We won’t know the answer to that question until you’re done with your medical treatment. Generally as a good rule of thumb, the more serious the injury, the more your case is worth.

There are a lot of different types of compensation that you can receive. A few of them include past and future lost wages, past and future medical costs, and past and future pain and suffering.

How Long Will My Case Take?

We got a call from someone who was in the hospital after they’d been in a trucking wreck, and they asked how long it was going to take for their case to be resolved. Unfortunately, early on, there isn’t a crystal clear answer.

The first step is you have to complete your medical treatment or get to a point in your medical treatment where we know the extent of your injuries. Once that is known, then can we submit a demand to the insurance company asking for fair and just compensation for your injuries. If we ask before, then we don’t know what the extent of your injuries are and they could be worse than we thought. If they’re worse, then you won’t be fairly compensated.

After the demand is submitted, the insurance company has a deadline in which they have to respond. If they respond with something that we can work with, then we negotiate and we try to resolve your case then. Unfortunately, most of the time that doesn’t happen and we have to file a lawsuit. If we can’t negotiate, we file the lawsuit and serve the defendants. Normally, serving the defendants isn’t a problem, but occasionally people run away from being served lawsuits.

Once the defendant is served, they have 30 days to respond to the lawsuit. When they respond to the lawsuit, they’re almost always represented by an personal injury attorney in Austin, TX. At that point, we work with that attorney to get a trial date, and then there’s an end in sight. If, for whatever reason, we’re unable to negotiate a fair settlement, we know when we’re going to trial.

Will My Truck Accident Case Go to Trial?

Most cases do not go to trial. However, some cases have to. What I assure all my clients, is you are always the person who gets to decide whether or not we accept a settlement offer or we go to trial. I will advise you, in my role, if I believe a settlement offer is fair or just, but you are always the boss and get to make that final decision.

I can also assure you that if we do go to trial, you’ll be very well-prepared and there’s nothing to worry about. Truly, it’s an opportunity to tell your story to a jury of your peers and a judge.

Call Our Office Today

If you are looking for a skilled, caring, and experienced personal injury attorney in Austin, TX, please call our office today to set up a free consultation. We will treat you as a priority from the first phone call. It is important to us that we get you the compensation you deserve. We will fight tirelessly against the tactics used by the insurance companies who are only interesting in protecting their bottom line. We will be your champion against that injustice and do everything we can to ensure you are fully compensated for injuries we are sure have cause you and your family a lot of unneeded and unwanted grief. Please contact skilled personal injury attorney in Austin, TX Daniel Smith today to find out more.

If you have lost someone due to wrongful death, you’re probably feeling devastated and angry. It is a horrific thing to have to go through and can turn your life upside down. Along with terrible grief, you may be bogged down by unexpected medical bills and funeral costs. It is particularly frustrating to have to deal with this if you lost someone due to another’s negligence. We are here to guide you through your wrongful death claim every step of the way. Our personal injury attorney in Austin, TX would be glad to set up a free consultation to go over your case with you. Please read and learn a bit about your case, then give us a call.

How to Win the Most Compensation in Austin, TX

There are two forms of wrongful death compensatory damages. You firstly have your baseline wrongful death damages which you can collect for. This is a matter of math. We look at how much money your loved one provide the family, their earning capacity, and how much you will be set back by the loss of their financial contribution. Wrongful death also includes the cost of medical care before death and the funeral costs. The second type of damages you can collect for include pain and suffering that your loved one endured as well as the loss of consortium you have experienced.

Not Talking to the Insurance Company

The people who will try to blame your loved one for the accident include the liable party and the insurance company that represents them. The insurance company will reach out to you shortly after the accident and ask you to give them a recorded statement. It is in your best interest not to give them one. You should let your personal injury attorney in Austin, TX take over all communications. If you were to talk to them, they would be asking you all of these weighted questions that would give you no option but to answer unfavorably on behalf of your loved one. They will take advantage of the fact that you are probably still grieving and distraught and they will do whatever they can to reduce what they owe you or be able to throw away their case.

What to Do After a Wrongful Death in Austin, TX

Seeking medical attention is going to be the most important thing that you do. The injuries that you suffer from an accident like this can be severe. They include traumatic brain injury, broken bones, spinal cord damage and more. Immediately after the collision, if you are conscious, you may have a ton of adrenaline that will mask the pain you will most certainly feel when it wears off. Don’t use that as a reason not to see the doctor.

At the scene of the accident that killed your loved one, there are a few steps you might want to take to get evidence. You can talk to witnesses and get their contact information, get insurance information from the suspected liable party involved in your accident, and take photos of everything on the scene that seems relevant. You may also consider hiring a personal injury attorney in Austin, TX right away who can step on the scene for you and collect the evidence.

How Long You Have to File a Claim in Austin, TX

If you want to ensure that your case is going to have the best possible chance of success, you need to make sure that you get everything done on time. Texas law states that you need to have filed your claim or settled it in civil court within two years from the date of your wrongful death accident. That means if you wait two years and a day to try to file a claim, you will be barred from receiving compensation altogether. You’ll want to ask quick after you lose a loved one so that you don’t risk losing precious evidence and witness statements. The sooner you get a personal injury attorney in Austin, TX, the better off you will be.

Frequently Asked Questions

What Do I Do After a Loved One Passes?

Recently, I was contacted by someone who had lost a loved one and had questions about their wrongful death case and what they should do. I told them the first thing they should do is hire a personal injury attorney in Austin, TX immediately. Evidence goes missing if you don’t have someone collect it right away. A large part of the role of a personal injury attorney in Austin, TX is to investigate and act as a detective in what happened. That gives you closure in knowing what happened and, if there’s another party responsible for what happened, we are able to collect that evidence.

You need to hire the right Personal Injury Attorney in Austin, TX who focuses a significant portion of their practice on personal injury claims, specifically wrongful death. Wrongful death claims are very different than other claims. You also want your attorney to be a trial attorney, and that means that they work every case as if it’s going to trial. Insurance companies know who the trial attorneys are and treat them more favorably.

How Do I Find the Right Personal Injury Attorney in Austin, TX?

To find the right attorney, the first thing you have to look for is being able to establish a level of comfort and trust with that attorney, and that begins in the first meeting, whether it’s over the phone or in-person.

Next, you need to hire someone who specializes in personal injury law and has experience in wrongful death cases specifically. Wrongful death cases are different than other cases and require specific experience. Lastly, you need to find a trial attorney. Trial attorneys work cases differently. They work cases from the beginning as if they are going to trial. Beyond that, insurance companies know who the trial attorneys are, and that means that you’re more likely to get a fair settlement offer without having to go to trial. If in the rare case you do have to go to trial, that attorney will be ready to represent you and get you the best result possible.

Will My Wrongful Death Case Go to Trial?

All of our clients will always be the boss as to whether or not we accept any settlement offer. My role is to give advice on whether I think that offer is fair or not fair. However, the client always gets to make the decision on whether or not to take an offer.

Beyond that, if we do go to trial, you’ll be thoroughly prepared for everything. It’s an opportunity for you to tell your story about what happened to a jury of your peers and a judge.

How Much is My Case Worth?

Unfortunately, it is too difficult to tell how much a case is worth at the beginning stages. There are a lot of variants with jury awards on wrongful death claims.

Beyond that, there are different types of damages that you can ask for compensation for. For example, the lost earnings capacity that that loved one would have helped provide to their family. The hardest one is the loss of companionship. When you lose a loved one, you’re entitled to money that is supposed to compensate you for that loss of companionship. Another type of damage you can receive is pain and suffering that your loved one suffered before they passed away in what was unfortunately a very preventable death.

How Long Will My Case Take?

Recently, I was contacted by a client who had lost a loved one, and she asked me about how long her wrongful death case would take in Austin. Unfortunately, there isn’t a clear answer in the beginning. How the process works is, first, we submit a demand to the responsible third-parties asking for fair and just compensation. If they respond and it’s a number that we can work with, we’ll negotiate with them. If it isn’t, then we file a lawsuit.

After we file a lawsuit, we have to serve the defendants. After the defendants are served, they have 30 days to respond. Once they respond to the lawsuit, they will have attorneys representing them, and we immediately contact those attorneys to get a trial date, and then there’s an end in sight.

Call Our Personal Injury Attorney in Austin, TX Today

If you want a strong, dedicated, and experienced Personal Injury Attorney in Austin, TX, please do not hesitate to call our office today to set up a free consultation. We will put your case a priority and make sure we do not give up until we have the best possible result for you. Call us today to get the ball rolling on your wrongful death claim.