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If you are injured and believe that someone else is to blame, an attorney can help you get fair financial compensation. Your injuries may be serious, and you might be dealing with significant medical costs. A personal injury lawsuit may help you get these and other damages paid for.
You may have a personal injury claim on your hands if you were recently injured in an accident. Your injuries do not need to be severe or life-altering for you to file a personal injury lawsuit. You can begin your case by contacting an experienced attorney for help. They can help you gather information and evidence about your injuries, the accident, and the person you believe is responsible. They can then help you file a formal complaint in court to start your lawsuit.
For a free, confidential legal evaluation, call our personal injury lawyers at The Queenan Law Firm at (817) 476-1797.
How Do I Know if I Have a Personal Injury Claim in Tyler, TX?
Knowing whether you have a valid personal injury claim can be tricky, especially if you are unclear about how the accident occurred or who is responsible. Below are some telltale signs of a personal injury claim that you should discuss with your lawyer.
Physical Injuries
A key element of a personal injury claim is physical harm. A plaintiff must prove that they experienced some form of bodily injury because of the defendant. While a plaintiff may claim various other damages in the lawsuit, they must be able to prove they were physically injured in order to file a personal injury claim.
Remember, your injuries do not have to be permanent or severe for you to be able to sue. Many people sue for injuries that heal completely.
Accidents
A big indicator that you might have a personal injury claim on your hands is an accident. Many cases involve injuries stemming from accidents, and defendants usually do not intend to cause harm. Even so, accidents usually happen because someone behaved negligently, and they should be held accountable for the harm their negligence caused.
Common accidents in personal injury cases may include, but are not limited to, car accidents, workplace accidents, slip and falls, and catastrophic accidents like spinal injuries or severe burns.
Damages
Before filing your lawsuit, consider your damages. You must be able to prove damages in order to win a personal injury lawsuit and obtain compensation.
A major part of many plaintiffs’ damages is economic costs. Accidents and injuries often lead to expensive bills, such as hospital bills, property damage, vehicle repair costs, and lost income from being unable to work after an accident.
You may also claim non-economic damages that may not be proven with evidence of cost alone. For example, bodily pain, mental distress, psychological injuries, suffering, and damage to your overall quality of life may warrant significant damages.
How Do I Start a Personal Injury Lawsuit in Tyler, TX?
You should begin a lawsuit as soon as possible. The longer you wait, the more likely it is that evidence will disappear.
Contact a Lawyer
Your first step in starting your personal injury lawsuit in Texas is to contact an experienced attorney. Your lawyer should be able to review the facts and evidence of the case to determine if you have a strong claim for damages. If you do, they can determine what additional information and evidence is needed before you can file the case.
Your lawyer can also go over various other legal options. For example, you might be able to file insurance claims or negotiate a private settlement with the defendant.
Gather Evidence and Information
You must have evidence before you file your lawsuit. When our personal injury attorneys file the lawsuit, we must show that there is at least some evidence to support your claims. We do not have to provide all of our evidence, or even enough to meet our burden of proof. We must only establish that sufficient evidence exists to support a valid cause of legal action.
Evidence often comes from the scene of an accident. For example, if you were hurt in a car crash, photos and videos from the accident scene may be very useful. If you were injured in a slip and fall accident at a store or business, security camera footage of the accident and records about on-site maintenance may be necessary. Your evidence will vary based on your specific situation.
Draft and File a Formal Complaint
Once we have the information and evidence we need, our personal injury lawyers can draft a formal legal complaint. The complaint is a legal document that contains detailed allegations against the defendant. The complaint should spell out how the accident happened, how you were hurt, why we believe the defendant is responsible, and evidence to back up your claims.
We must file the complaint within the period set by the statute of limitations. In Pennsylvania, personal injury claims must be filed no later than 2 years after the injuries occur, barring special circumstances.
What Evidence Do I Need to Support My Personal Injury Claims?
Evidence is tricky. It is not always readily available, and it varies from case to case. The evidence you need will depend on your situation. Below are some common examples of evidence you may review with your lawyer to build your case.
Medical Records
Since personal injury cases involve bodily harm, we may need copies of your medical records to prove how bad your injuries are. This is also why it is important to seek immediate medical attention. If you wait, there may be a gap in your medical records that the defendant will use to raise doubt about your claims.
Evidence from the Accident
We must also gather evidence from the location of the accident, whatever that might be. For some, photos and videos recorded after the accident occurred may be useful. For others, we might rely on eyewitness testimony to support their claims.
Some evidence may be in the defendant’s control, but that does not mean we cannot review it ourselves. For example, if you were injured on a business’ property, you can sue the business. We may request copies of business records related to the property’s maintenance to determine whether the property was negligently maintained.
Testimony
Witness testimony is important in many personal injury cases, and the more witnesses who can back you up, the better. Eyewitnesses may be those who were present when the accident happened. They may testify about what they saw and provide details we can use to establish the defendant’s negligence.
You may also testify. Only you can testify about how the accident has affected you, including economic costs, physical pain, suffering, and more. Depending on your situation, your testimony may be paramount to your case.
How Do I Claim Damages in a Personal Injury Lawsuit in Tyler, TX?
Damages may be different for different defendants, and you should review your case with your lawyer to determine what damages are available in your case.
Medical Bills
A major component of many personal injury cases is medical bills. Whether injuries are serious or only minor, victims often incur hefty medical costs. Even a single trip to the emergency room after an accident may cost hundreds or even thousands of dollars.
If your injuries are severe or complex and require extensive care beyond the end of your lawsuit, we can estimate the value of future medical costs. These future costs should be added to your claims so that your current and future medical bills are taken care of.
Property Damage and Lost Wages
You may claim the costs of property damage from the accident, if any. Many accidents affect property as well as the victim’s physical person. For example, after a car accident, you can claim the cost of repairing or replacing your vehicle. You can also claim the value of destroyed personal belongings, like phones or laptops.
If your injuries prevent you from returning to work, even temporarily, you can claim the value of your lost wages. This may include lost future wages if you cannot return to work indefinitely or permanently.
Suffering, Pain, and Distress
Not all damages are measured in money. Instead, non-economic damages may be assessed by the toll they take on your life and well-being. For example, a traumatic accident and painful injuries may cause significant emotional and psychological distress. Many accident victims live with depression, PTSD, or other psychological injuries.
Although these damages may not be proven with only evidence of cost, they may still warrant substantial damages and compensation.
FAQs About Personal Injury Claims in Tyler, TX
What is a Personal Injury Claim?
A personal injury claim is a legal cause of action for physical injuries sustained because of the negligence of another. Many personal injury cases stem from accidents, although your case may differ. You may bring other claims alongside personal injury claims, like claims for property damage, but a personal injury case must involve some bodily harm.
Does Insurance Cover Personal Injuries?
Sometimes, yes. Certain accidents and injuries may be covered by insurance, and your attorney can help you file claims and navigate the complicated insurance process. If insurance is unavailable, your claims are denied, or insurance is insufficient to cover all your damages, you may consider pursuing a lawsuit.
When Should I File a Personal Injury Lawsuit in Tyler, TX?
In Texas, personal injury claims must be filed no later than 2 years after the injuries first occur. If you do not file your case on time, you may be “time-barred,” and you might never be able to bring your case or receive fair compensation.
Do I Need a Lawyer for a Personal Injury Case?
Yes. While the court will not require you to hire a lawyer for your case to proceed, it is not a good idea to try to represent yourself. Lawsuits are known for being time-consuming and complicated. Small procedural mistakes could set your case back or even lead to a total dismissal. Your lawyer should be able to steer your case through the court system smoothly and efficiently.
Can I File a Personal Injury Lawsuit if the Defendant is Criminally Charged?
Yes. What happens in criminal court does not affect what happens in civil court, and vice versa. However, if the defendant is criminally charged for causing your injuries, your civil lawsuit may have to wait until criminal proceedings are complete.
How Long Do Personal Injury Cases Usually Take in Tyler, TX?
How long your case may take depends on the facts of the case, the evidence available, and the willingness of the parties to cooperate. More complicated cases may require more evidence and deeper investigation, which takes more time. Many cases take at least several months, although many others take over a year.
What Are Personal Injury Claims Worth?
The value of personal injury claims depends on many factors. More serious injuries tend to come with more damages, and greater compensation may be on the line. It is not unusual for plaintiffs to claim tens of thousands of dollars in damages. In particularly serious cases, a plaintiff might claim damages in excess of six figures.
Do I Have to File a Lawsuit to Get Financial Compensation for Personal Injuries?
Not necessarily. You might have other legal options for getting compensation, which you should review with your lawyer. Many people choose to sue only if other legal options are unavailable or do not pan out. For others, there might be no other options other than a lawsuit.
Ask Our Tyler, TX Personal Injury Attorneys for Help Today
For a free, confidential legal evaluation, call our personal injury lawyers at The Queenan Law Firm at (817) 476-1797.