New Braunfels, TX Personal Injury Attorney
Experienced Personal Injury Lawyer in New Braunfels, TX
Scores of South Central Texans are injured or killed every day through no fault of their own. Many of these incidents take place on area streets and highways, and negligent third parties must be identified and held legally responsible. Dangerous property conditions, such as unsafe floors and inadequate security, injure many others. All these victims are entitled to financial compensation, but there is a big difference between theoretical entitlement and actually receiving the money you deserve.
At The Bettersworth Law Firm, our team works hard to close the gap between the two. Our simple commitment to you is our best effort and our best attitude, every time we pick up your file. We routinely handle personal injury cases in all area courts, so we know all the procedural rules and expectations, even the ones that are unwritten. Through our attention to detail, we have built a well-earned reputation, and we leverage that reputation in your favor.
Vehicle Crashes in Texas
Most negligence cases in the state of Texas involve car accidents and truck wrecks. Although every case is different, there are some common aspects in many situations, including rear-end collisions, I-35 wrecks, motorcycle wrecks, and hit-and-run collisions.
Since Interstate 35 is one of the primary shipping routes between the United States and Mexico, there are a number of large truck crashes on both the interstate and feeder roads. Victims in these cases often sustain serious injuries, so compensation may be substantial. Negligence in these cases may include:
- Aggressive driving
- Truck driver fatigue
- Substance use and abuse
- Unsecured loads
- Poorly maintained vehicles
- Inadequate reflectors
- Driver errors or other issues leading to jackknife collisions or head-on crashes
- Failure to account for dangerous road conditions
Landowner and Manufacturer Liability
Just like drivers owe a duty of care to other motorists, landowners owe a duty of care to people who visit their property, whether it is for commercial reasons or any other purpose. In a similar vein, consumer products manufacturers must make their goods safe and effective. Common lapses include:
- Nursing home abuse
- Dog bites
- Premises liability
- Defective products
- Work-related injuries
- Defective medications
- Construction accidents
What Can You Seek Compensation for in a Texas Personal Injury Lawsuit?
The specific damages you can claim will depend on the facts of your case. But in general, victims can claim compensation for their financial losses, including coverage of their medical bills, property damage, and lost wages due to time spent unable to work. If the accident left you permanently disabled, and you can no longer continue working your previous job, you can seek compensation for loss of earning capacity.
In addition to the damages above, you can also sue for noneconomic damages, which are not necessarily related to financial costs you have incurred. These may include physical pain, mental anguish, physical impairment, and disfigurement. In certain rare cases, you may also be able to recover punitive damages, which are intended to punish the at-fault party for conduct that was particularly egregious.
How Do You Determine if You Have a Personal Injury Case?
Living in Texas should not come with the fear of unexpected medical bills after an accident. If you have suffered an injury due to someone else's carelessness, you may have a personal injury case.
Every legal file should receive the best effort and attitude honed to a razor's edge. An experienced personal injury attorney familiar with the applicable laws and rules can help you know if you have to file a lawsuit against the at-fault party. Here are some things that have to be considered:
- Did someone else's negligence cause your injury? This is the cornerstone of your case. Your injury must stem from someone else's careless or reckless actions, not a preexisting condition. Even seemingly minor injuries can warrant a claim, especially if they require medical treatment.
- Did you suffer losses? A personal injury case is not just about the physical harm you have suffered. Accidents often inflict emotional, financial, and physical tolls. Medical bills, lost wages, and pain and suffering are all valid claims. Whether it is a workplace accident, a car crash, or any other injury matter, your losses deserve a voice.
- Are you within the statute of limitations? Insurance companies might sometimes be flexible on deadlines, but Texas law is not. In general, you have two years from the accident date to file a lawsuit against the at-fault party. Consult a seasonal personal injury attorney to ensure that you can file your lawsuit on time.
- Were you less than 50% at fault? Texas law recognizes "proportionate responsibility," meaning if you share part of the blame for the accident, your compensation might be reduced proportionally. However, you can still pursue a claim so long as your liability for your injuries is less than 50%.
- Is there evidence to support your case? You need strong evidence as your weapon in a courtroom to prove your injury and the at-fault party's negligence. Gather any evidence you can, including police reports, witness statements, medical records, and photos of the scene. Our team can also help uncover and preserve evidence that will be helpful to your case and ensure that it is used correctly to recover compensation on your behalf.
It can be impossible to take these steps on your own. Partnering with an experienced personal injury attorney is the wisest thing to do if you want to optimize the compensation for your injuries.
Will the Damage Caps in Texas Lower the Total Amount of Your Jury Award?
Texas does have laws limiting the amount of money victims can receive in certain personal injury cases. Thankfully, however, these caps do not apply to most types of cases. State laws place limits on how much victims can receive in punitive damages, which, as mentioned above, are not commonly awarded.
There are laws capping the amount of damages victims can claim when suing a government entity (city or state). This includes emergency service entities like police and firefighters. This cap can be significant and detrimental if you were involved in a car accident with a speeding police car or hit by a fire truck, for instance.
In any of the cases mentioned above, it is important to work with a skilled attorney who can help you maximize available damages, even if those damages are capped.
Contact Our Comal County Personal Injury Lawyer
A momentary lapse often leads to significant emotional, physical, and financial harm. For a free consultation regarding any personal injury matter, contact The Bettersworth Law Firm now at 830-606-0404. Our attorney can help ensure that you receive regular medical care, even if you have no money and no insurance. We assist clients throughout South Central Texas from our main office in New Braunfels.