At Abraham Watkins, our personal injury attorneys work on a contingency fee basis, which means we only get paid if your claim succeeds. Representation costs you nothing upfront, so you have the opportunity to find the best attorney to represent your case, one with a long history of success in claims similar to yours.
Abraham Watkins is one of the longest-serving law firms in the state, having served victims of personal injury for over 70 years. We have represented victims in a broad range of cases, including car accidents, wrongful death, slip and falls, and workplace injuries; the likelihood is that we have dealt with cases similar to yours in the past and have a wealth of knowledge, experience, and resources to draw upon.
We are committed to achieving justice for court clients and ensuring they walk away with the highest amount of compensation possible. Once you agree to representation from us we will take over the entire legal process; we will investigate on your behalf, liaise with insurance companies, file the necessary paperwork, and more. That way, you can focus on your recovery with the knowledge that everything is in hand.
Our phone lines are open 24/7, so there is always someone in our legal team available to advise you on your next steps.
Give us a call at 713-535-9319 for a free consultation with our Cypress personal injury attorneys today.
Step-by-Step Guide Following an Accident That Wasn’t Your Fault
After an accident that wasn’t your fault, there are specific steps you can that may help your case later on. However, if you are reading this in the days, weeks, or months after your accident, then don’t worry if you did not follow these steps. It is always worth exploring your options with an attorney, and we offer a free consultation so you can gain some clarity before you agree to anything.
Check For Injuries
Your safety should be your top priority after an accident. If you are in pain or are struggling to move, then stay where you are and wait for help to arrive. If you are well enough, then check all other parties for injuries and, if necessary, call an ambulance.
Move to Safety
If you are well enough to do so, then move away from any potential danger. If you were in a car accident, then you should move away from oncoming traffic or smoking vehicles. Other types of accidents could involve other dangers such as bodies of water, electricity, or fire.
Call Emergency Services
Now that you have done what you can to ensure your own safety, and that of other people, you should call emergency services. In a serious accident, or if you are unable to move, this might be the first thing you do. Calling emergency services such as the police or fire department will ensure that any potential hazards are properly dealt with. They will also file a report which your attorney will be able to obtain later on to evidence your claims.
Collect Evidence and Contact Information
If your injuries are not too severe, you should gather what evidence you can from the scene. That could involve taking photos and videos of the accident scene, your injuries, and property damage.
You could also collect the contact information of anyone else involved in the accident, including any witnesses. Your attorney may contact witnesses at a later date to help support your claim.
Seek Medical Attention
If you were taken to the hospital from the scene, then you should seek a medical examination as quickly as possible. It is important that you do not unknowingly make hidden injuries worse. In addition, your medical report will be imperative to your personal injury claim. The sooner after the accident, the better, as it will show a clear correlation between the accident and your injuries.
Contact Your Insurance Company After an Auto Accident
If your personal injury was caused by a car accident, then you will need to contact your insurance company. However, do not admit fault or discuss the extent of your injuries. It is a good idea to speak to a personal injury attorney first so that they can advise you.
Claiming Compensation in a Cypress Personal Injury Claim
After an accident that wasn’t your fault, it is important that you are properly compensated for your losses. An experienced personal injury lawyer will know how to determine what you are owed and how to evidence your claims so that they are hard to dispute.
Some losses, such as your initial medical expenses, are simple enough. However, your attorney will make sure that you are compensated for your future losses, such as those for ongoing medical care.
Often, the damages that are the most difficult to deal with are those that are not easily quantified, such as your emotional distress. These damages are known as pain and suffering, and your attorney will make sure that your settlement is reflective of your experiences.
Potential damages you may be able to claim include:
Pain and Suffering Damages
Pain and suffering damages are in place to compensate victims of personal injury for the emotional and physical stress after an accident. That includes emotional distress and physical pain, any mental health issues such as PTSD, and loss of enjoyment if a victim is left unable to do things that they enjoyed before the accident.
Pain and suffering damages are usually calculated using a multiplier that is representative of the victims’ suffering. For example, if your economic damages equaled $25,000, then using a multiplier of two, your pain and suffering damages would be worth $25,000. However, if you have permanent injuries, then your attorney may be able to justify a multiplier of five, which would mean that your damages would be worth $125,000.
Medical Bills Past and Future
Medical bills in the United States are notoriously high, and you should not be left out of pocket after an accident that wasn’t your fault. Your attorney will help you to evidence both your past medical expenses (including indirect expenses such as transport to and from hospital and childcare costs) and your future expenses.
If you require ongoing medical care, then your attorney will use expert testimony from medical professionals to ensure that your settlement figure includes compensation for your ongoing expenses.
Time spent in hospital and recovering from injuries inevitably results in time taken from work. Depending on your contract, you may have suffered lost wages as a result. This should be compensated for, and if you are unable to return to the same job because of your injuries, then your loss of earning potential should also be considered in your settlement.
If you had any property that was damaged in the accident, then this should also be compensated for. You should try and keep evidence of your broken belongings and the costs of repair or replacement. Take photos and keep receipts, and your attorney will utilize these as evidence.
Around 3/4 of personal injury cases result in a settlement, which means that they never go to trial. Personal injury trial law can be time-consuming and expensive, and so it is usually in both parties best interest to avoid it. However, if your case does go to court, then a Judge may decide to award you punitive damages.
Punitive damages are a way for the judge to punish the person who caused your injuries or to discourage others from behaving in a similar way. They are only awarded in situations where the at-fault party acted with malicious intent or gross negligence.
How Long Do I Have To Secure Compensation in Cypress, TX?
A Texas statute referred to as the statute of limitations places a time limit on personal injury victims’ right to claim compensation. You have just two years following an accident to make a claim in Texas.
Although the discovery rule states that if a personal injury victim’s symptoms do not show up straight away and so they don’t discover the injury until later, they may be able to surpass the statute of limitations. However, these instances are rare and require the skills of an esteemed personal injury attorney.
After an accident involving negligence, it is always a good idea to seek help from a personal injury lawyer as soon as possible. The sooner an attorney can get to work on your case, the better they will be able to preserve evidence and ensure that you have the strongest possible claim. For example, CCTV may be deleted after a certain period of time, defects or broken items could be replaced or fixed, or witnesses could forget the details of what they saw.
Finding a Personal Injury Lawyer in Cypress, TX
You probably see a lot of advertisements from law firms that claim to be the best, and if you have never needed an attorney before, it is difficult to know what to look for when making your decision. Flashy ads are not always representative of a high-quality law firm, and although a google search or friend recommendation is a great starting point, it is important to do your research.
Hiring the right personal injury lawyer can have a huge impact on how much you receive in compensation. It could be the difference between you being unable to afford medical care, and having enough that you don’t need to worry.
Finding the right attorney doesn’t need to be difficult. Most personal injury law firms offer free case evaluations; this is not only an opportunity for the law firm to decide whether you have a valid claim, but it is also an opportunity for you to decide whether you think your potential attorney is the right fit for your case.
Potential questions you might like to ask your attorney include:
- How much do you think my case could be worth?
- Are there any upfront fees for your legal services, and will I need to pay anything if my case is unsuccessful?
- How much of your time is dedicated to personal injury victims in Texas?
- Do you have experience handling cases similar to mine in court?
- Can I see reviews from your previous clients?
- Will I be able to contact you if I have questions?
- What are the important details of my case?
- Have you won cases similar to mine in the past?
Do I Need an Attorney to File a Personal Injury Claim?
Texas state law allows personal injury victims to make a claim without the help of an attorney. However, we always advise that people seek legal representation. Filing a personal injury claim alone can be incredibly stressful. The process could take many months or even years, and during that time, there will be time constraints, paperwork, and negotiations with legally trained insurance adjusters.
Some people avoid seeking legal help because they are concerned about the cost. However, when you work with a law firm that works on a contingency fee basis, you will not be at risk of losing money. Furthermore, most personal injury victims who have experienced representation end up with a higher settlement figure, even when legal fees are considered, than those who don’t.
Attorneys have skills, resources, and experience at their disposal, which is invaluable. Additionally, insurance companies tend to take cases much for seriously if they are dealt with by an experienced lawyer because they know that they won’t be able to push through a low settlement.
If your case goes to trial, then your attorney will handle everything on your behalf, minimizing the stress on your life as much as possible.
After suffering a personal injury, it is essential that you can focus on your recovery. When you have legal representation, they will handle the entire process on your behalf, and in the end, it is likely you will secure a higher settlement.
The Four Elements of Negligence
Personal injury claims are based on negligence. Your attorney will need to establish who acted negligently and is therefore responsible for your damages,
In simple terms, someone behaves negligently when their action or inaction is different from how a reasonable person would behave in a similar situation.
For example, if a doctor prescribes you a specific brand of medication because of a known allergy, but a pharmacist gives you the same medication under a different brand that contains the allergen, then this could be negligent. A reasonable pharmacist would take care to ensure that they are giving you the correct medication.
The four elements of negligence that need to be established in a Cypress personal injury claim are:
Duty of Care
Your attorney will need to establish that the at-fault party owed you a duty of care. Everyone has a responsibility to take reasonable care when performing acts that could foreseeably cause harm, including driving, creating a product, carrying out medical care, or serving alcohol.
Breach of Duty
Next, your attorney will need to establish that the duty of care was breached, meaning that the at-fault party failed to act in a reasonable way. For example, when a driver speeds or runs a red light, they are breaching their duty of care.
In order to claim compensation, the breach of duty must have resulted in injuries. If a driver speeds but doesn’t cause an accident, then although they have breached their duty of care, they are not liable for any damages. On the other hand, if a driver ran a red light and crashed into your car, and caused you to suffer broken bones, then causation is clear.
Finally, the accident must have led to damages. Damages are the types of compensation you will be claiming, such as property damage and medical expenses.
What Is Comparative Negligence in Texas?
Texas operates under comparative negligence. This means that different parties can share fault for an accident and therefore share how much they have to pay.
For example, if a driver was speeding, then they could be determined to be 80% at fault for the accident; this means that they would need to pay 80% of the damages that the other driver suffered. Therefore, if the victim was awarded $50,000, the other driver would need to pay $40,000.
Your attorney will work to provide evidence that limits your fault, and therefore maximizes the amount you receive in compensation.
What Is Modified Comparative Fault?
The modified comparative fault system means that if you are found to be 51% or more at fault for the accident, then you will not be able to claim compensation. However, if you are between 0% and 50% at fault, then you can recover damages from the at-fault Party.
Dealing With Insurance Companies
Most personal injury cases involve negotiating with insurance companies. Insurance companies are driven by profit and are skilled at reducing the amount they need to pay out in compensation claims. The comparative fault system means that they may try to look for any evidence that shows that you contributed to the accident in any way to limit how much they pay.
An attorney can handle the negotiations with insurance companies on your behalf. This is invaluable as they will know how to protect your right to compensation and fight against any insufficient evidence that attempts to assign fault to you unjustly.
If an insurance company does call you, you should simply tell them that your attorney will be in touch. Remember, if you accept a settlement from an insurance company, you will not be able to claim anything more. If you are offered a settlement, you should contact an attorney first to see if you are being offered a fair amount.
Many insurance companies are unafraid to use underhanded tricks to save their company money. It is important that you take great care not to admit fault in any way, or depreciate the extent of your damages.
No-Win No-Fee Representation
At Abraham Watkins, we believe that everyone should have access to high-quality legal representation. That is why we work on a no-win, no-fee basis. We are paid as a percentage of your eventual settlement, which will be agreed upon with you before you sign up for representation. We take nothing up-front that there are no hidden costs, and if your case does not result in a settlement, then we will not be paid anything.
Types of Personal Injury Cases in Cypress, TX
Regardless of the circumstances of your personal injury case, the chances are that one of our attorneys has experience representing victims in similar situations to you.
The most common types of personal injury cases we see are:
There are strict laws in place to safeguard the rights of employees. Workers’ compensation law varies widely between states, so it is important to have an attorney with experience representing victims in Texas.
If you suffered an injury on public or private property, you might be owed compensation. Property owners have a duty to keep their premises safe and free from hazards or to warn people of a potential hazard where it can not be fixed straight away. Not all injuries that happen on other people’s property result in compensation, and an attorney is often necessary to establish that the owners owed a legal duty that was breached.
Car accidents are the most common type of personal injury case. All road users have a duty to keep those around them safe. However, proper documentation is key, including medical documentation and a police report. Our car accident lawyers will gather the evidence you need for a successful claim.
There are a lot of commercial trucks in Texas, and when trucks are involved in accidents, it often causes catastrophic injuries. It is essential that victims are properly compensated and that their future expenses are considered.
Medical malpractice claims are highly complex. All medical professionals must meet standards of care for their patients; when they don’t, and injuries result, it is highly traumatic for victims and their loved ones.
Medical malpractice covers a broad range of situations, such as improper treatment, surgical errors, medication errors, misdiagnosis, birth injuries, and pharmacy errors. It can be difficult to prove that a victim’s injuries were caused by an error and not their existing injuries, and therefore it is essential to have an experienced medical malpractice lawyer.
Dram Shop Claims
Texas is governed by the Texas Alcoholic Beverage Code, which places responsibility on dram shops, which are venues that serve alcohol. If a dram shop serves alcohol to anyone who is clearly intoxicated to the point where it causes danger, they can be held liable for any injuries that result. They can also be responsible for any damage caused by serving alcohol to a minor.
For example, if a customer is struggling to stand and slurring their words, and a dram shop serves them alcohol anyway, then they have breached their duty of care. If that same customer gets in their car and causes a drunk driving accident, the dram shop could be held responsible for the resulting damages.
These laws are highly complex and difficult to prove. In fact, many personal injury attorneys will not take on dram shop cases at all. It is essential that you have the help of an experienced personal injury lawyer with the experience necessary to do everything possible for your case.
Product liability lawsuits are where a victim suffers an injury because of either a defective product or improper warnings, labeling, or instructions related to a product. It can include injuries caused by cosmetics, food, children’s products, electronic devices, mechanical devices, and more.
Product liability claims could be against a government entity, business, or individual. A premises liability lawyer will be able to determine who is at fault and how to hold them responsible for your suffering.
If you lost a loved one to a wrongful death because of someone else’s action or inaction, then no amount of money can relieve your grief. However, you should not be struggling financially because of someone else’s negligence and deserve compensation for both your mental anguish and your economic expenses, such as funeral costs and loss of income to your household.
Cypress Personal Injury Lawyer FAQ
How Long Will it Take to Receive Compensation?
If liability is clear, your injuries do not require ongoing care, and you have strong representation, then your case could be wrapped up in a matter of months. However, most cases are far more complex, and cases often take two years or more to settle. It is important that your attorney understands when to fight for a quick settlement and when to go the distance and do what it takes to secure a high amount of compensation in your case.
Will I Have to Appear in Court?
Around 75% of personal injury cases result in a settlement, which means that they never go to court. Court cases are time-consuming and expensive for the at-fault party, so they are usually best avoided. However, sometimes court judgment is necessary, and it is important you have an attorney who has trial experience and has what it takes to represent you in front of a judge. Even if your case does go to trial, your attorney will represent you on your behalf, so it is unlikely that you will need to appear in court.
Can I Make a Personal Injury Claim if I Have a Pre-Existing Injury?
If you have a preexisting injury, then proving to what extent your damages were caused by the accident can be tricky. However, you still deserve compensation, and a personal injury attorney will understand how to provide sufficient evidence and protect your rights.
Is Compensation in My Case Guaranteed?
No attorney can guarantee compensation. However, at Abraham Watkins, we work on a no-win no-fee basis, which means that if you don’t receive compensation, then we will not be paid anything. We will evaluate your case for free and will only take it on if we think it is likely to be successful.
Are there any Upfront Fees?
At Abraham Watkins, we promise no upfront fees. We are only paid as a percentage of a successful settlement and will not be paid anything if your case does not succeed. We assume all the risk so that victims can secure the legal representation they deserve.
Should I Contact Witnesses?
If there are any witnesses at the scene of your accident, then it is a good idea to get their contact information. However, you should let your attorney reach out to them on your behalf. They will speak to them without jeopardizing your case.
Can I Speak With Friends About What Happened?
Speaking with friends and family about your experiences can be an important part of the healing process. However, it is important that you do not make any admissions of fault or speak about details of the accident, especially if they could be a witness.
What If The Motorist Who Crashed Into Me Was Uninsured?
If you were in a road collision with an uninsured motorist, your first step would be to find out if you have uninsured motorist coverage with your insurance. If you don’t, or your damages exceed the limits of your policy, then securing the compensation you deserve could be very challenging. However, you should still contact a law firm that can explore your options.
Do I Need to Go See a Particular Doctor for Treatment?
Usually, you can go to whichever doctor you choose after a personal injury. However, if the incident occurred at your workplace, then you may need to seek treatment from an occupational therapist that is covered by your workplace’s insurance.
Speak to One of Our Cypress Personal Injury Lawyers Today
At Abraham Watkins, our law firm has been established for over 70 years. During that time, we have helped countless personal injury victims in Texas. This experience means that we have a wealth of resources to draw upon and have a reputation for providing quality representation.
Despite being a large law firm, we offer a highly personalized approach. We will learn about you and your case and assign an attorney most suited to your needs. We prioritize the attorney-client relationship and will do everything in our power to secure the highest amount of compensation possible.Give us a call today for a free consultation at 713-535-9319.
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