After you’ve been personally injured in Texas, your first action (after getting necessary medical treatment) is to call an experienced personal injury law firm to put you in the best position possible to get a settlement you deserve. A competent civil attorney will take all necessary steps to preserve your claim and, if necessary, prepare to argue your case in court. In any situation, the settlement you receive could be impacted by the following factors:
1. The Nature of your medical expenses. Of the different types of damages you can pursue as a victim of a personal injury, compensation for medical expenses is one of the most common. For example, after a serious auto accident you might be sent to the emergency room in an ambulance and be required to attend physical therapy sessions or see a medical specialist, depending on the nature of your specific injuries. And while it is important that your settlement include all your medical expenses, the other side may argue that some of your medical care (such as seeing a specialist) was not necessary and will attempt to pay you less than what you spent to fully recover from your injury. This underscores the importance of hiring a qualified and competent attorney who will work to recoup all of your medical expenses to make you whole.
2. Whether the defendant’s negligence caused your injury. Establishing negligence is the most crucial element of any personal injury claim. If negligence is established in your case, it means there is proof the defendant did not live up to the reasonable level of expected care. There are several conditions that must be satisfied in order to show that negligence occurred, and then you must prove that your injury was caused by that breach of care. Your attorney can accomplish this by proving cause-in-fact (direct) or proximate cause (indirect) causation.
3. Previous court cases that could guide the decision for your case. Although every personal injury case is fact-specific and unique, the court may have decided prior cases that have similar facts to your situation. If this is the case, expect the court to lean on those decisions when determining your settlement.
4. The presence (or lack thereof) of eyewitnesses. In any case, the availability of witnesses to testify speaks to the veracity of both sides’ cases. The more witnesses and evidence available to bolster your case, the greater the chance you will prevail and receive a settlement that fully compensates you.
Capshaw & Associates has a wealth of experience trying personal injury cases in court. Our legal team is committed to understanding the nuances of your situation and your goals when filing your claim. Reach out to us today to begin your consultation.