If you or someone you love has suffered an injury through no fault of your own, then you are likely to be feeling frustrated. You may be forced to take time away from work to recover, and when paired with mounting medical bills, this can leave victims in significant financial hardship. If someone is responsible for your injuries, then you may be able to claim compensation.
While some damages, such as your past medical expenses, can easily be evidenced with bills and receipts, others, such as your emotional anguish and future medical expenses, are not so simple. To secure a settlement that truly reflects your damages, you should speak to an experienced personal injury lawyer.
Abraham Watkins has been serving personal injury victims in the state of Texas for over seven decades. Our Austin personal injury lawyers take a dedicated approach. Utilizing a wealth of resources at their disposal and a stellar reputation, they will fight tirelessly to secure the compensation you deserve.
We believe that all victims, no matter their financial representation, deserve high-quality legal representation. That is why we work on a no-win no-fee basis. We assume all the risk so you can never be left out of pocket for seeking justice. We also offer a free consultation, so do not hesitate to contact us today and find out if your case is worth pursuing and how we can help.
Arrange a free consultation with one of our esteemed Austin personal injury attorneys at 713-535-9319.
What Types of Personal Injury Cases Do You Cover?
As an established law firm with a long list of successful claims behind us, whatever the circumstances of your case, it is likely that we have helped someone in a similar position to you in the past. Thanks to our many decades of experience and strong team of attorneys, we can take on even the most complex cases.
The most common cause of personal injury is road traffic accidents, such as motorcycle accidents and car accidents. Many people make the mistake of delaying securing representation because they believe that their insurance company will compensate them. However, insurance companies are big businesses that are driven by profit. They will do what they can to pay you less than you deserve.
When you have a personal injury lawyer by your side, they will take over all negotiations with the insurance companies so that you can focus on your recovery. They will ensure that all available evidence is taken advantage of and that you know how much your claim is really worth.
Commercial trucks’ sheer weight and size mean that accidents are almost always severe. Truck accident victims are often left with serious injuries, which in the worst cases, can lead to death.
Truck accident claims are notoriously complex and often involve more than one liable party. Possible liable parties include the truck driver, trucking company, loading company, and truck manufacturer. Due to the severity of these accidents, you may need to explore more than one avenue to compensation to cover all of your damages. An experienced attorney can ensure that all avenues to compensation are explored.
Dram Shop Claims
If you were in a road traffic accident with a drunk driver, then you could be owed compensation in a dram shop claim. Dram shops are places that serve alcohol. If it is discovered that they served alcohol to a minor or to someone who was obviously intoxicated, and that person went on to cause your damages, then the dram shop could be liable for your injuries.
Dram shop laws are complex, and many personal injury attorneys will not explore this option. However, sometimes it is an important factor in securing the compensation you deserve. At Abraham Watkins, we are uniquely prepared to handle dram shop claims.
You could be owed compensation if you have been injured because of a dangerous or defective product. A product can be dangerous or defective if it causes unforeseeable harm or if the dangers are not made clear to the consumer. Many product liability claims fall under strict liability, which means that no one needs to be found negligent in order for you to file a claim.
Seamen and offshore workers put themselves at risk every time they go to work. There are many dangers while working on offshore vessels, such as gas leaks, fires, heavy objects falling, explosions, and extreme weather conditions.
Maritime law is in place to protect offshore workers if they are injured. However, maritime law is complex, and various statutes could apply to your case. If you accept a settlement from your employer, you will be unable to fight for more, even if your damages exceed your settlement. Before accepting anything, you should, at the very least, seek a free consultation with an attorney.
If you have lost a loved one due to someone else’s negligence, then no compensation can improve your grief. However, it can ensure that you and your family are not left in financial hardship.
If you have lost a partner, parent, or child, then you may be able to claim compensation for damages such as loss of income to a family household, funeral expenses, and loss of companionship. At Abraham Watkins, we understand what a difficult time this is for you, and we will take over the entire legal process so that you can focus on your family.
If you have been injured on someone else’s property, you may be able to claim compensation in a premises liability claim. Property owners owe visitors to their property a duty of care, which means that they have a duty to keep it free from any hazards and to warn visitors of any potential dangers.
Property owners can also owe a duty of care to trespassers if they are minors under the attractive nuisance doctrine. This doctrine states that if a child is enticed onto a property and is injured, then the property owner could be liable for the resulting damages. For example, if someone has a pool and they leave their gate open, resulting in a child trespassing onto their property and suffering a drowning accident, then the property owner could be liable.
Regardless of whether you work in construction or in an office, everyone deserves to work in a safe environment. Employers and sometimes third parties have a duty to provide safe working conditions. Although some careers carry inherent risks, negligent or careless acts should never be tolerated.
At Abraham Watkins, we have been fighting for workers’ rights for decades. Whether you are claiming compensation through a workers’ compensation claim or a third party who caused your accident, we can help.
Explosions are violent and sudden, and the impact can release free chemicals and liquids that have the potential to cause catastrophic injuries. Many victims of explosions lose their lives or are left with debilitating injuries. Many survivors are left with life-long medical conditions.
If you were injured in an explosion that wasn’t your fault, you may be owed compensation. It is essential that your settlement meets your needs now and in the future, and an experienced personal injury attorney will strive to make that happen.
What Will an Attorney Do For My Austin Personal Injury Case?
Although you have the right to pursue a personal injury claim without a lawyer in Texas, we do not recommend it. Many people put off hiring legal representation because they are concerned about the cost. However, you will never be left out of pocket when you have representation from a law firm that works on a contingency fee basis, such as Abraham Watkins.
We will review your claim and offer representation if we believe you have a valid case. We will agree on a percentage we will take if we succeed before you agree to representation. You pay nothing upfront; if your claim is unsuccessful, we will not be paid anything.
Not only can you not be left out of pocket for hiring us, but most people who have experienced representation also end up with a higher settlement, even after their lawyer’s fee is taken. This is thanks to the skills, resources, and experience that an attorney can offer. Insurance companies are also much more likely to take your case seriously if you have representation.
Taking on a personal injury claim alone can also be incredibly stressful. You should focus on your recovery, and an attorney can take over all the investigations and negotiations with insurance companies.
At Abraham Watkins, we will also explore every avenue to compensation. Texas operates under comparative fault, which means that you can claim compensation from more than one party.
Insurance companies are big businesses that are driven by profit. They will do what they can to pay you less than you deserve, including hiring their legal teams, which you will be up against.
Most personal injury cases settle outside of court, as court cases are time-consuming and expensive. However, it is important that your attorney has experience navigating personal injury lawsuits. The threat of a court case can make a big difference to the willingness of an insurance company to offer a fair settlement.
What Damages and Compensation Can I Recover in Austin, TX?
One of the most important roles of your attorney is to determine what a good settlement looks like in your case so that they can fight for a fair settlement. Both your past and future expenses must be considered, as well as your pain and suffering.
Damages that you may be owed include:
Lost Wages and Lost Earning Capacity
If your injuries have left you unable to work, you should be compensated for your lost wages. If your injuries are ongoing and you are left unable to return to work in the same capacity, then your attorney would help you fight for a lifetime of reduced earnings.
Medical Expenses Past and Future
Medical expenses cover all of the bills related to your care, including your medication costs, hospital bills, physiotherapy, transport to and from appointments, and more. While your past expenses are often simple enough to provide evidence for, if your injuries are ongoing, then you will also need to fight for your future expenses.
Establishing what your future expenses could look like often involves expert testimony and drawn-out negotiations. However, it is essential that you have the help of an attorney who is willing to go the distance, so you don’t end up with less than what you deserve.
Pain and Suffering Damages
Pain and suffering damages is the term used for compensation related to your physical pain and emotional suffering. It could include things such as your physical pain, mental trauma, and loss of enjoyment in life if you are left unable to love it as you did before.
Pain and suffering damages often involve a lot of negotiation. There is no clear number attached to them, but with the help of an experienced attorney, they often make up a large percentage of victims’ settlements.
At Abraham Watkins, we are committed to ensuring that victims receive just compensation for their suffering. We know how to evidence your pain and suffering, and thanks to our stellar reputation, insurance companies know that they cannot get away with a lowball offer.
Punitive damages can only be awarded to a Judge. Therefore, they can only be awarded in personal injury cases that go to trial. A Judge may decide to award punitive damages if the at-fault party’s behavior was grossly negligent or intentionally harmful. Punitive damages are a way for the Judge to punish the liable party and deter similar behavior in the future.
What to do After an Accident That Wasn’t Your Fault
1 . Prioritize Your Safety
If you have been in an accident, then your adrenaline will be running high, and you may be looking to help anyone else who could be in danger. However, it is essential that you always prioritize your own safety. That means checking in with yourself for serious injuries. If you do believe you could be severely injured, then you should remain still and wait for paramedics to arrive.
Only if you are physically able to do so without worsening your condition should you continue with the next two tips on this list.
2 . Call Emergency Services
You may be required to call emergency services for a range of reasons, depending on the nature of the accident. If anyone is seriously injured, then you should call an ambulance which will attend to people at the scene.
You may also need to call the police, who can mitigate any remaining danger. They will also file a police report which could be important to your claim. If there has been a fire or explosion, then you will also need to call the fire department.
3 . Collect Evidence and Speak to Witnesses
If your injuries allow, then you should collect evidence from the scene. Your attorney can make use of this later to investigate and strengthen your claim. Some evidence that could be valuable includes:
- Name and contact information of anyone else involved in the accident. If you were in a road traffic accident, then you should also get vehicle registration and insurance details.
- Witness information, your attorney may contact them at a later point to build your case.
- Photos and videos from the scene, including any property damage, injuries, and anything else of importance.
- The police officer’s name and officer number.
4 . Seek a Medical Examination
If you did not receive medical attention at the scene of the accident, then it is imperative that you get a medical examination as soon as possible. Not only will this protect your health and ensure that you do not unknowingly make your condition worse, your medical report also serves as an integral piece of evidence for your claim.
5 . Write Down What Happened
Due to the adrenaline of suffering a personal injury, your memory may quickly become hazy. Therefore, when you get a minute to yourself, you should try and write some details about what you believe happened.
You may also want to keep a journal where you will make a note of all of your expenses and how your injuries are affecting your life. This will help your attorney to evidence your pain and suffering damages.
6 . Report The Accident
Depending on the nature of your accident, you may need to report it. For example, if you suffer an accident at work, you will need to inform your employer. Or, if you were in a car accident, then you may have a limited amount of time to tell your insurance company.
When you report the accident, it is important not to admit fault in any way or to downplay your injuries, as this could be used against you later on. Instead, stick to the broad facts and contact a personal injury lawyer as soon as you can. You may choose to contact an attorney before this step.
Call Abraham Watkins For a Free Consultation
The sooner you speak to an attorney, the sooner they can advise you. If you have a valid claim, then they can help protect your right to compensation by advising you on your next steps. If you agree to representation, they can work quickly to protect evidence, establish liability and begin fighting for just compensation.
Austin Personal Injury Lawyer FAQs
What if I think I could be at fault for the accident?
Texas operates under a modified comparative fault law. That means that even if you are partially at fault for the accident, you can still claim compensation. So long as you are less than 50% at fault for the accident, your settlement will just be reduced to the amount you are deemed to be at fault. So if you are awarded $50,000 and are found to be 10% at fault, you will receive $45,000.
The liable parties’ insurance company may try to place blame unfairly onto you to reduce how much they have to pay out. However, an experienced attorney will make sure that this doesn’t happen.
If I am offered a quick settlement, should I take it?
If an insurance company offers you a quick settlement, then it can be tempting to accept it. However, it will almost always be far less than what you deserve, and once you accept a settlement, you give up your right to fight for more. The fact that they are offering you a settlement means you likely have a strong claim, and they will not expect you to accept the first offer. Usually, this is just the first step in negotiations.
If you are offered a settlement, you should seek a free consultation with an attorney who can advise you on the advantages and disadvantages of accepting. They will quickly review your case to determine whether the offer is a fair one.
How much time do I have to make a claim?
In Texas, the statute of limitations on personal injury claims is two years, after which time you will not be able to make a claim. However, there are exceptions, such as if you did not discover your injuries until many years after the event occurred.
How long do personal injury cases take?
Personal injury cases can take a few months or over a year to settle. At Abraham Watkins, we understand that you may want your case offer quickly. We will strive for a quick settlement where possible but will not sacrifice your rights. We will give you options at every stage so that you can decide when to settle.
Do I need to go to a specific doctor for treatment?
After an accident, you can usually go to any medical provider that you choose. The only exception is if you are claiming workers’ compensation after suffering an injury in the workplace. In this case, you may need to use your employer’s approved provider.
Will I have to go to court?
Most personal injury cases are settled outside of court because court cases take up a lot of time and money. However, if your case results in a personal injury lawsuit, you may be required to go to court. Your attorney from Abraham Watkins, will advise and support you throughout the process. If your case does go to court, they will be well-prepared and will ensure that you have a strong case.
Speak to One of Our Experienced Personal Injury Attorneys Today
At Abraham Watkins, we are proud to be one of the longest-serving law firms in the state of Texas. We boast a long list of successful cases and have a wealth of resources and knowledge to draw upon. This, paired with our strong reputation, gives us a unique advantage when it comes to meeting the needs of our clients and securing favorable outcomes.
When it comes to personal injury law, our attorneys always go above and beyond to fight for justice. We know when to fight for a quick settlement and when to go the distance to secure what our clients deserve. We will work with you so that you can make informed decisions at every stage.
Arrange a free consultation with an Austin personal injury attorney at 713-535-9319.
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