Your Legal Support System: Negligence Lawyer Austin TX
When faced with legal matters involving negligence, having the right representation is crucial. Negligence cases can be complex and require expertise to navigate effectively. That’s where a negligence lawyer Austin TX, comes in. With their specialized knowledge and experience, they can provide invaluable guidance and support to ensure your rights are protected. Whether you’re dealing with a personal injury claim, property damage, or any other negligence-related issue, our team is here to help you pursue justice and obtain the compensation you deserve.
Choosing the right personal injury law firm is about more than just big settlements—it’s about finding a team that truly cares and has the experience to back it up. Look for a firm with a broad track record handling various case types, from car accidents to workplace injuries. A good team should be approachable and dedicated, keeping you informed and supported throughout your case.
Strong results and recognition, like membership in top legal groups, show their success. They should give personalized attention, treating your case as unique, not just another file. Finally, a solid work ethic—clear communication and thorough preparation—is essential. With these qualities, you’ll have a lawyer who fights hard for your rights and compensation.
Negligence in Texas (and most other states and countries) is defined as follows for a jury:
“Negligence” means failure to use ordinary care, that is, failing to do what a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.
“Ordinary care” means the degree of care that would be used by a person of ordinary prudence under the same or similar circumstances.
This legalese can be very confusing for a jury and courts have struggled to come up with an easy-to-understand phrasing and the lack of clarity is often taken advantage of defense lawyers who will claim that their client was not negligent when they ran into the back of your car. The clients should gather and present comprehensive evidence to validate their damages claims effectively. To do this, working with an experienced negligence lawyer Austin TX who understands the nuances of proving damages in legal proceedings can significantly strengthen a plaintiff’s case.
Texas negligence laws are complex, making an experienced personal injury lawyer essential. They navigate deadlines, handle insurers, and build strong cases, helping you avoid pitfalls and focus on recovery.
After an accident, a personal injury lawyer helps by simplifying legal terms, negotiating with insurance companies, gathering evidence, managing paperwork, and fighting for fair compensation, making a complex process easier and protecting your rights.
In Texas, you usually have two years from your injury date to file a personal injury lawsuit—miss this deadline, and you may lose your chance for compensation. If your case involves a government entity, like a city vehicle or employee, you must notify them within 45 days of the incident. Because these rules can be tricky, working with an experienced negligence lawyer in Austin ensures your claim is filed properly and on time.
So here’s why someone may hit your car and hurt you and yet still be found not to be at fault:
(and get away with it even though you did nothing wrong)
- The person who hit you had a sudden emergency. For example, they were avoiding a head-on collision with another vehicle, or perhaps a child darted out in front of them.
- The person who hit you had a heart attack or other illness. If someone has a heart attack and can’t drive, then they are still using ordinary care until the attack occurs. However, if they have a history of heart problems that may be different.
- The sneeze defense. “I was stopped in stop-and-go traffic, took my foot off the brake as traffic moved forward, sneezed, and accidentally hit the accelerator.” As crazy as this sounds, I’ve heard defense lawyers use it and bragged that they have won cases with it. Remember, the plaintiff has the burden of proving that the driver was not using the same care that another driver under similar circumstances would use.
- The defendant called the police. Ok, this is not a real defense, but I once lost a case and then asked the jurors why they didn’t vote for my client who was rear-ended by the defendant. The answer shocked me. They thought that someone who called the police after an accident was showing ordinary prudence. Moral of the story: make it clear that ordinary care applies at the point of the collision and not to what was done or not done afterward.
If you can prove the other part was negligent, and there’s no argument you were also at fault, you’re halfway there in proving your case. Now comes the hard part – proving your damages.
Recoverable Damages in a Personal Injury Claim
When you file a personal injury claim, “damages” refers to the financial compensation you may be entitled to for losses caused by someone else’s negligence. In Texas, recoverable damages often include:
- Medical expenses – This includes everything from emergency room visits to long-term treatment, medication, and rehabilitation.
- Lost wages – If your injury caused you to miss work, you can seek compensation for the income you would have earned.
- Pain and suffering – Beyond physical injuries, you may also be compensated for emotional distress and diminished quality of life.
- Property damage – You can recover the cost to repair or replace damaged property, such as a vehicle or personal belongings.
- Future losses – In more serious cases, you may be eligible for compensation related to ongoing medical needs or reduced earning capacity.
Every case is unique, so having an experienced personal injury lawyer in Austin, TX ensures that all possible damages are identified and pursued effectively.
Understanding the Law on Comparative Negligence in Texas
Common causes of personal injuries in Austin include traffic accidents on busy roads like I-35 and Mopac, slip and fall incidents in public places, dog bites and residential hazards, and workplace injuries in industries like construction and healthcare. These are some of the main ways people get hurt and seek legal help.
In Texas, personal injury cases also involve the legal concept of comparative negligence. This means fault is divided between the parties involved. Under Texas’s modified comparative negligence rule—called the 51% bar rule—a plaintiff can recover damages only if they are 50% or less at fault. Their compensation is reduced by their percentage of fault, and if they’re found 51% or more responsible, they cannot recover any damages.
Because this law can be complicated and depends on each case’s details, it’s important to consult a qualified negligence lawyer in Austin who specializes in personal injury law to understand your rights and options.
Contact Negligence Lawyer Austin TX Now!
You can speak to our lawyer immediately by calling us at (512) 246-9191 or completing the form.
