Suffering an injury because of someone else’s negligence is incredibly frustrating, especially if those injuries have long-term implications for your mental and physical health. Medical expenses are notoriously expensive in the United States, and that, paired with your emotional distress, can leave you feeling vulnerable and alone.
After an accident that wasn’t your fault, you should not suffer in silence. Instead, you should contact a personal injury lawyer who can fight for the justice you deserve. They will take over the entire legal process, negotiate with insurance companies, investigate your case, and determine what you are owed. They will do everything possible to secure a high settlement in your case so that you can focus on your recovery.
Here at Abraham Watkins, our team of Katy personal injury attorneys has been navigating cases just like yours since 1951! We are one of the longest-serving law firms in the state, and we have won numerous cases similar to yours in the past. We have an unrivaled wealth of knowledge to draw upon and are deeply committed to our clients.
Give us a call at 713-535-9319 for a free consultation with an experienced personal injury attorney. Our phone lines are always open, so you can seek advice from an attorney when you need it most.
How Do I Start a Personal Injury Claim?
To begin a personal injury claim, you need to find a trusted law firm, one with a good reputation and a proven track record. It is important that you find a law firm that offers a free consultation. This is a good opportunity for you to ask any questions you might have.
At Abraham Watkins, we offer a free consultation to allow personal injury victims to get immediate advice about what their next steps should be. You can phone us, visit us, or arrange a video chat, whatever you prefer. We will assess your case and examine any evidence that you have, and determine whether we believe you have a valid claim. We will also explain our fee structure and what we will do to secure you the compensation you deserve.
We work on a contingency fee basis, which means that you do not pay us anything upfront. We will only take a percentage of your settlement if it is successful. If not, we will receive nothing.
If you decide to retain us to represent you regarding your claim, we will instantly get to work to protect vital evidence and investigate your case.
How Much Is My Katy Personal Injury Claim Worth?
The amount you receive in compensation depends on many things, such as how clear liability is and the quality of your representation. However, the biggest contributing factor will be the value of your damages. Damages you may be able to claim in a personal injury claim include:
- Property damage – If the accident you were involved in involved property damage such as car damage, then you should be compensated for this.
- Medical bills and expenses – Medical expenses such as hospital bills, transport to and from the hospital, physiotherapy, and ongoing treatment should all be compensated for. Your attorney may draw upon expert testimony to ensure that your future costs are also considered in your treatment, as well as any indirect costs, such as childcare, while you are recovering.
- Loss of earnings – Serious injuries will require a period away from work, resulting in lost wages. These should be recovered in a successful personal injury claim. If you are left unable to return to the same job because of your injuries, then you should be compensated for lost earning potential and sometimes the cost of retraining.
- Pain and suffering – Pain and suffering damages are in place to compensate you for your emotional distress and physical pain. They can be difficult to calculate and evidence. However, a skilled personal injury attorney will make sure that your settlement reflects your pain and suffering.
- Wrongful death – If you lost a loved one because of someone’s negligence, then you could be owed compensation for funeral expenses, loss of income to your household, and compensation for your pain and suffering. No amount of money can make your grief easier, but you should not be left in financial hardship, and we will do everything possible to make sure you are financially secure.
- Punitive damages – Punitive damages can only be awarded by a judge in cases that go to trial. They allow the judge to punish the perpetrator or discourage others from acting in similar ways. Punitive damages will only be awarded if the other party acted with gross negligence or malicious intent.
How Do Katy Personal Injury Lawyers Determine Negligence?
Personal injury claims are typically based on negligence, and so one of the first tasks your attorney will undertake will be to establish who acted negligently and is therefore liable for your injuries.
In simple terms, negligence is behavior that is different from how a reasonable person would act in similar circumstances; it can involve either action or inaction. For example, if a doctor fails to check a patient’s medical record and provides them with medication that they are allergic to, then this could be negligent. A medical professional acting reasonably would check a patient’s record for allergies.
There are four elements of negligence that must be established in a successful personal injury lawsuit. They are:
- Duty of care – In order for a person to be found liable for negligence, they must first owe a duty of care. There are many reasons why a person owes another a duty of care; for example, anyone operating a vehicle owes a duty to other road users, all doctors owe a duty to their patients, and business owners owe a duty to their customers.
- Breach of duty – A person breaches their duty if they fail to act as a reasonable person would in a similar situation. For example, if a driver runs a red light, then they have breached their duty of care to other road users.
- Causation – The breach in duty must have directly caused the accident that led to your injuries.
- Damages – The accident must have resulted in damages, such as medical expenses.
What To Do After an Accident That Wasn’t Your Fault in Katy, Texas
After an accident resulting in personal injury in Texas, there are steps you can take to help prioritize your health and protect your right to compensation.
- Prioritize safety – The most important thing is to make sure you are safe. If you struggle to move or feel pain in your back or neck, then stay where you are and wait for paramedics to arrive. If you are able to, check yourself and others for serious injury, then call an ambulance if necessary. If it is safe to do so, you should also move away from any danger such as a smoking vehicle, oncoming traffic, fire, electricity, or bodies of water.
- Call emergency services – Calling the emergency services is important for several reasons. Firstly, they will ensure that everyone is safe and that any danger is properly dealt with. They will also create reports which will serve as important evidence in your personal injury case.
- Collect evidence – If it is safe to do so, then you should collect evidence from the scene, such as photos and details of any witnesses. If you were in a car accident, then it is also important that you make a note of the other driver’s contact and vehicle information.
- Seek medical attention – If you did not receive immediate medical care, then you should always seek a medical examination as soon as possible. First, this will ensure that you seek appropriate medical advice and do not unknowingly make your injuries worse. Adrenaline after a frightening incident could mask pain and hide your injuries. Second, your medical examination will be vital to your personal injury claim, and the sooner after the accident the examination was completed, the better as it will be easier to prove the third element of negligence, that the accident was the cause of your injuries.
Advice For Speaking With Insurance Companies
Depending on the nature of the accident, you may be required to speak with insurance companies. For example, if you were in a car accident, then you will need to inform your insurance company. You often have a limited amount of time to do this.
Many people do not realize that insurance companies have legally trained insurance adjusters working to devalue their claims. Insurance companies are big businesses, and their main goal is profit, which means paying you as little as possible. You should say nothing that could devalue your claim, such as admitting partial fault or simply saying that you feel ok. The best thing you can say to them is that you would rather they speak with your attorney.
It is also important to realize that if you accept a settlement, you will give up your right to fight for more., If they are offering you a quick settlement, it is likely because they are trying to avoid paying you what they really owe you. Therefore, you should seek advice from a personal injury lawyer before you accept.
Deadlines to File a Personal Injury Claim
In the state of Texas, you have two years from the date the accident occurred to file a personal injury claim; this is known as the statute of limitations. Regardless of the strength of your case, if you do not file within this deadline, then you will lose the right to claim compensation.
However, the sooner you start the process of filing a claim, the better. Evidence can easily be lost over time, so the sooner your attorney begins investigating your case, the stronger it will be.
Common Types of Personal Injury Cases in Katy, TX
At Abraham Watkins, our 70 years of experience have involved many types of personal injury cases. Some of the most common we see are:
Car accident statistics in Texas are shocking; we see a lot of accidents involving cars, motorcycles, and trucks. Car accidents are the most common, which are often caused by drunk drivers or distracted drivers.
We also help many victims navigate motorcycle accident cases in Katy, TX. Motorcycle accidents are likely to cause serious injuries due to the lower levels of protection riders have.
Commercial trucks also have a higher potential to cause severe injuries and death. They are much larger and heavier than other vehicles, and so when things go wrong, it tends to be incredibly serious. Trucking companies have a responsibility to maintain their vehicles, train their drivers, and ensure that drivers do not drive for longer hours than what is considered safe. If a trucking company is responsible for your injuries, then we will fight tirelessly to hold them accountable.
Dram Shop Claims
If a venue such as a bar or a restaurant overserves alcohol to a customer who then causes an accident that leads to your injuries, then the venue itself could be liable. These cases are highly complex and require a dram shop lawyer with the skills and experience necessary to succeed.
Slip and Fall Cases
If you slip and fall on someone else’s property, then you could be owed compensation. Property owners are required to carry out reasonable maintenance and warn visitors of any potential danger.
Do I Really Need a Katy Personal Injury Lawyer?
After suffering an injury because of someone else’s negligence, most people would agree that you should not have to suffer financially as a result. One reason people avoid seeking legal help right away is concern over what it might cost them. However, when you hire a law firm that works on a contingency fee basis, such as Abraham Watkins, you do not have to pay anything upfront. We take a percentage of your settlement if your case succeeds and will not take a cent from you if your case is unsuccessful.
Most of the time, people who have representation from a reputable attorney end up with a higher amount of compensation, even when their attorney’s fees are deducted. This is because your attorney will know how to advance your claims and calculate a settlement figure that addresses every element of your damages. Insurance companies are also more likely to take your case seriously when you have an attorney on your side.
If you seek compensation on your own, not only could you end up with a lower settlement, but you will also need to investigate your claim, deal with insurance companies, collect evidence, and fight for your rights without any support. You will also have legal paperwork and important deadlines to consider. It is common for personal injury claims to last months or even years, and they can be incredibly stressful for those with an emotional attachment to the case. If your case results in a trial, then it is also important that you have an understanding of how it will work and what you need to do.
When you have an experienced personal injury attorney representing you, you can rest easy, knowing that everything possible is being done for your case.
Questions to Ask a Personal Injury Lawyer in Katy, TX
There are a lot of personal injury law firms in Texas to choose from, which can make choosing the right attorney for your case feel like an impossible task.
A recommendation or a Google-search is a good place to start. Try not to get drawn in by large, flashy ads as they are not always representative of a high-quality law firm. Many personal injury law firms will offer free consultations, and this is a great opportunity for you to get an idea of your potential attorney’s level of experience.
Some questions you may like to ask include:
- Will I have to pay anything upfront?
- If you work on a contingency fee basis, what percentage of my settlement will you take?
- How many years of experience do you have dealing with personal injury claims in Katy?
- What are the important factors of my case?
- What could my case be worth?
- How can I contact you if I have any questions, and how soon can I expect a response?
- Can I see testimonials from your previous clients?
Katy Personal Injury FAQ
How Long Will My Personal Injury Case Take?
Personal injury cases vary widely depending on the complexity of your case, how willing the other party is to settle, how straightforward liability is, and of course – the quality of your representation. While some cases settle in a matter of months, others take years.
At Abraham Watkins, we will fight for a quick settlement where possible, but will go the distance to secure the compensation you deserve if necessary. Even if your case requires many months of negotiations or a lengthy trial, we will never give up.
Is Compensation For My Injuries Guaranteed?
Compensation in personal injury claims is never guaranteed. However, your attorney at Abraham Watkins will work on a contingency fee basis, meaning if you don’t receive compensation, you do not have to pay anything. We will, therefore, only take on cases we believe will be successful, and we will do everything possible to ensure that they are.
Do I Need to Go to a Particular Mechanic After a Car Accident?
Some insurance companies may try to get you to go to their designated mechanics. However, you have a right to choose where you get your vehicle repaired.
Do I Need to Go to a Particular Medical professional for Treatment?
Generally, you can choose where you get treatment for your injuries. However, if you are dealing with a workplace accident, then you may need to use a specific occupational health provider, which is covered by their insurance.
The Insurance Company Has Offered a Settlement. Do I Need a Lawyer?
If an insurance company has offered you a quick settlement, then it is likely because they believe your case stands a good chance of success. Remember, once you accept a settlement figure, you will forfeit your right to ask for more. You should speak to an attorney first, who can let you know whether they think what you are being offered is fair and just.
Should I Talk to Witnesses?
Although getting witness information could be beneficial for your claim, you should not discuss the accident with them or admit fault in any way. Instead, an attorney can speak to them on your behalf without harming your case.
Do I Have to Speak to The Other Party’s Lawyer?
You should not speak with any lawyer other than your own, especially to discuss the accident or your injuries. If you do not yet have an attorney, then you should let them know that you are in the process of hiring one and that they will be in touch. If you do have an attorney, then give them their name and number. Once you have representation, the other party’s attorney should not contact you.
Will My Case Go To Court?
Court cases cost time and money, and so most personal injury claims will settle before trial. However, it is important that you have representation from an attorney who is prepared to represent you in court if your case goes that far.
Do I Have a Claim?
Only an experienced personal injury attorney can determine whether you have a valid claim. Contact Abraham Watkins today, and in a free consultation, we will evaluate your specific case and determine whether we think you have a valid claim.
Personal Injury Lawyer Katy, TX
Here at Abraham Watkins, our team has been representing victims of personal injury in Texas for over 70 years. We have a long list of favorable results and happy clients in a broad range of cases.
When you agree to representation from us, you don’t just get a personal injury lawyer; you get an experienced team that is working to secure the best possible outcome in your case.Our phone lines are open 24 hours a day, seven days a week. Give us a call today for a free consultation with a Katy personal injury lawyer at 713-535-9319!
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