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If you are hurt in an accident, you do not have to accept the consequences. A lawyer can help you sue those responsible for the accident and get you financial compensation. The more serious your injuries are, the more compensation you should claim.
After an accident, hire a lawyer with experience handling personal injury claims. The legal process may be more complex than what you are prepared for, and even minor mistakes could jeopardize your overall claims. Your attorney should help you identify and evaluate damages, collect evidence to prove your claims, and present effective arguments in the courtroom. You have a limited time to file a personal injury lawsuit, so you should get started right away.
Ask our personal injury attorneys for a confidential, free case assessment by calling The Queenan Law Firm at (817) 476-1797.
What Should You Do Following an Accident Involving Injuries?
What you do immediately after an accident is crucial to your physical health and legal claims. If you can, take the following steps to protect yourself.
Call 911
If you or someone else has a phone, call 911 immediately. If anyone is seriously injured, ask for an ambulance to be sent to your location immediately. The sooner you get emergency medical attention, the better.
Exchange Information
While you wait for help, exchange information with other people at the accident scene. You should exchange names, contact information, and insurance information if necessary. If the person or people responsible for the accident refuse to identify themselves, just wait for help. You should consider calling the police for help if the at-fault person refuses to cooperate.
Document the Accident Scene
Take as many photos as you can before leaving the accident scene. The area may be cleared away shortly after you leave, and evidence could be lost. This is a big problem when accidents occur on private property, as the property owner may clean up the scene, thereby eliminating evidence. Your photos might be all that is left of the accident scene, and they may be admitted into evidence in court.
Will the Defendant in a Personal Injury Lawsuit Face Criminal Penalties?
Maybe. Sometimes, a person behaves so negligently that their actions become criminal, and they could be arrested and charged. In such cases, the police will likely conduct a thorough investigation. Not only can our personal injury attorneys use evidence uncovered by the police to support your civil lawsuit, but we may also use a guilty verdict or guilty plea.
Can You Sue for Injuries Caused by a Violent Crime?
Yes. If you were hurt because of a violent crime (e.g., robbery, assault, attempted homicide), you can sue the person who hurt you. Just remember, this person will likely face criminal prosecution. Your civil case may proceed, but it will likely have to wait until the criminal case is finished. Even if the defendant is not criminally convicted, they may still be found civilly liable.
What Factors Affect the Value of Your Personal Injury Case?
Each case is unique, even if injuries are similar. Your damages and their potential value will depend on numerous factors you should discuss with an attorney.
Severity of Your Injuries
The severity of your physical injuries will play a major role in how we evaluate many of your damages.
First, more serious injuries usually lead to greater medical costs. Long-term care, the need for multiple treatments, or follow-up care will inevitably lead to higher hospital bills.
Second, when injuries are severe, victims tend to suffer more, physically and mentally. As such, you may have a more significant claim for pain and suffering if your injuries are more serious.
Your Ability to Work
Injured victims often need to take time off from work to recover after an accident. The more your ability to work is hindered, the greater your damages may be. If you cannot work, you will lose income. If you cannot work for a long time because your injuries are so severe, your lost income may amount to a significant sum.
Suppose you are so badly hurt that you might never be able to return to work fully. You may claim many years or even a lifetime of lost earnings.
The Defendant’s Behavior
You may have additional claims for exemplary damages (a.k.a. punitive damages). Your case may be eligible for exemplary damages if we can prove by “clear and convincing evidence” that the defendant caused the accident by acting with fraud, malice, or gross negligence. These damages tend to be available only in cases where a defendant’s behavior is especially shocking or outrageous, and they may be worth a large sum.
How Long After an Accident Should You File a Personal Injury Lawsuit?
When filing a personal injury lawsuit in Texas, plaintiffs must file their cases in court no later than 2 years after the accident. If you do not file within this period, you may be time-barred from ever filing your claims.
Who Can You Sue for Personal Injuries in Mansfield, TX?
One, several, or many people may be implicated in a personal injury lawsuit. Your attorney can help you determine who should be included to maximize your potential compensation.
Individuals
Many personal injury lawsuits involve only one defendant. For example, if you were in a car accident involving one other driver, you may sue that other driver. If you were hurt because of unsafe conditions on a person’s private property, you could sue that individual person.
Businesses or Organizations
In other cases, plaintiffs sue entire businesses or organizations. For example, if you were hurt in a car accident, but the other driver was a delivery driver actively on the job, you could sue them and the business they work for. Similarly, if you fell in a store because of unsafe conditions and got hurt, you could sue the store rather than any individual employees.
Deceased Defendants
Sometimes, people pass away before injured victims can bring them to court. If this happens, your claims may continue. It may be possible to name the defendant’s estate as a defendant rather than the deceased person themselves. If the defendant passes away, your attorney can help you decide the best course of action.
How Long Do Personal Injury Lawsuits Take to Complete?
A personal injury lawsuit can be somewhat time-consuming depending on the specific circumstances. When the parties more hotly dispute claims, evidence is difficult to obtain, and damages are especially significant, cases tend to take longer. It is normal for personal injury cases to take a year or so from start to finish, although some cases may be longer or shorter.
Contact Our Personal Injury Attorneys in Mansfield, TX for Legal Help Today
Ask our personal injury attorneys for a confidential, free case assessment by calling The Queenan Law Firm at (817) 476-1797.