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Accidents often happen because of someone’s mistakes or errors. You do not always have to show that they hurt you on purpose to get compensation from them.
In these “negligence” lawsuits, our lawyers can fight to get you benefits from the at-fault party by showing what they did wrong and how it hurt you. Your damages will depend on what specifically happened to you and what expenses and other harms you faced.
For a free case evaluation, call The Queenan Law Firm’s personal injury attorneys today at (817) 476-1797.
What Constitutes a Personal Injury Case?
Personal injury cases can come from many different accidents/injuries:
- Car crashes
- Slip and falls
- Premises liability accidents
- Product injuries
- Medical malpractice
- And more.
The thing these cases all have in common is four basic elements of a “negligence” lawsuit:
- The defendant owed the victim a legal duty
- The defendant breached that duty
- The breach caused the injuries
- The victim suffered damages and injuries.
The specific situation might change from case to case, but the overall setup is the same. For example, the duty in a slip and fall case might be the duty to make a store or restaurant safe for guests, and that is breached when workers leave a giant spill in the middle of a walkway where someone can slip in it.
For success, you basically need an at-fault party who did something wrong that led to your injury. You also need sufficient evidence to prove the claim.
What Evidence is Needed for an Injury Lawsuit?
When we file a lawsuit, we need proof of what happened. Some of this can be obtained at the scene of the accident, and much of it will come from your own testimony about what happened. All in all, the following are common pieces of important evidence in an injury case:
- Your testimony
- Testimony from other witnesses
- Photos of the accident scene
- Security camera footage of the accident happening, if available
- Medical records of your treatment
- Doctor’s reports about prognosis, cause of injury, etc.
- Other expert reports, if needed
- Proof of damages (bills, receipts, financial records)
- Proof of psychological, mental, and emotional damages (testimony, journals, psych evaluations).
These records and evidence can build quite a strong case if you have access to all of them. However, each case is unique, and the evidence available to our personal injury lawyers shifts from case to case. We will take anything you can give us, but we may need to seek out additional evidence like security footage and expert reports.
Some other things like police reports can help us build your case, but they cannot be introduced as evidence if they are hearsay.
Who Do You Sue for an Injury Case?
Some cases have confusing rules about who to sue. In some cases, you sue an employer instead of a worker who injured you, such as when you sue a store instead of the clerk who failed to mop up a spill, or you sue a trucking company instead of the driver who hit you.
Other cases involve multiple defendants, and they may share responsibility. For example, a product manufacturer and seller might have both made mistakes to make the product dangerous. If you were injured at a rented property, the landlord and tenant might have each been potentially responsible, and their lease might explain how duties are assigned.
If multiple parties do share fault, we can potentially get partial compensation from each. In some cases – like with employees and employers – one party takes the full blame. In others, each pays a percentage of the damages equal to their percentage of the blame.
Juries can also assign partial blame to a victim, so be careful about admitting any mistakes of your own.
Can I Talk About My Accident?
You may have to report your accident to the police or tell a doctor about your accident in order to get medical care. These things are necessary, and you should just be careful about being truthful and keeping your story consistent, all without admitting fault. Otherwise, you should avoid talking to anyone about your accident.
If there are other necessary reports or disclosures you need to make – e.g., to your car insurance company – our lawyers can guide you through what to say. We may even be able to write up a statement or a demand letter and send the statement from us rather than exposing you to recorded statements and badgering questions from insurance adjusters and other parties.
Otherwise, you should avoid talking to anyone about your accident. If you do, there may be multiple people whose stories about your story are inconsistent, and the defense can use that to challenge your claims. Especially if you post on social media about the accident, they can try to use those words against you.
When Do I File My Injury Case?
Most injury cases need to be filed within 2 years of the accident. If you wait any longer, the court can throw out your case.
There are a few exceptions that might allow you to extend your filing deadline. For example, some medical malpractice laws are extended by the “discovery rule,” which allows you 2 years from the date you discover an injury that was otherwise hidden from you.
Claims can also be extended for legal “disabilities.” Minors can file 2 years from their 18th birthday for an injury that happened to them as a child. If the parent filed on their behalf earlier, this does not let them file a second time. People with serious mental/cognitive disabilities can also file within 2 years of the date the disability ends, or earlier with assistance.
Call Our Personal Injury Attorneys in Keller Today
If you were hurt in or around Keller, TX, call The Queenan Law Firm’s personal injury attorneys at (817) 476-1797 for a free case evaluation.