Personal injuries can arise from car accidents, medical malpractice, slips and falls, and other instances where the negligence or intentional actions of another party harm us in some way, be it physical, emotional, or psychological.
Whenever someone harms us, they can be held liable for their actions or inactions. If you have suffered injuries in Katy, TX, you might have the legal grounds to pursue a personal injury claim against one or more parties and seek compensation for the damages you have suffered.
You should seek legal representation for a personal injury claim in Katy and take action! At Amanda Demanda Injury Lawyers, our personal injury law firm in Katy undertakes a wide range of personal injury cases.
Our dedicated Katy injury lawyers will investigate the circumstances of your personal injury and hold the responsible parties liable for their actions. We will pursue fair compensation for your injuries and other damages suffered as a result of their negligence or wrongdoings. Contact our law firm for a free consultation on your case and learn more. Here is what you should know about personal injury laws and how our lawyers can help you out.
Personal Injury Laws, Liability, and Factors Affecting a Claim
Understanding personal injury laws, liability, and factors that can affect a claim is crucial for any personal injury victim in Texas who wishes to pursue a claim. Here are some of the most essential aspects that you should know about personal injury:
Types of Personal Injury Claims
Personal injury claims can arise from different instances of negligence or wrongdoings. This includes car accidents, slips and falls, medical malpractice, workplace accidents, product defects, or other situations where a party was harmed.
Each type of personal injury claim can have specific elements and legal requirements that victims should understand. For example, you cannot sue a property owner for a slip-and-fall accident if the property is private and you have no right to be there or if there were clearly stationed signs that prohibited entry due to hazardous conditions.
Also, you cannot sue another party if the statute of limitations on your personal injury case has expired. The statute of limitations in Texas is two years from the date of the accident, death, or discovery of the injury, depending on the type of claim you are pursuing. This legal timeframe can, though, be extended in some exceptional circumstances.
Proving Negligence
Establishing negligence is crucial in many personal injury cases, especially if you want to pursue certain damages. To prove negligence in a personal injury case, you must prove that the responsible party owed you a duty of care, breached that duty, and caused your injuries due to their actions or inaction.
Yet, you must be aware that the state of Texas follows a modified comparative fault system. This means that you can be assigned a percentage of fault for the accident if evidence points out your own negligence.
When you are assigned a percentage of fault, that percentage will be used to minimize your total damage awards. For example, if your final compensation amount is $50,000, and you are assigned 10% fault, then you will only receive $45,000 in compensation. However, if you are assigned more than 50% fault, then you will lose your right to seek compensation.
This is why working with personal injury lawyers in Katy, TX, is crucial. Our lawyers can help you strengthen your claim or even defend against accusations of self-negligence.
Insurance Coverage
Dealing with insurance companies is a common aspect of most personal injury claims. Insurance policies, coverage limits, and the strategies or tactics used by insurance adjusters can and will impact the outcome of your claim in various ways.
However, when you work with our Katy personal injury lawyers, they will handle all communications and negotiations with the insurance companies on your behalf to secure fair compensation.
Documentation and Evidence
Collecting and preserving evidence in personal injury cases is crucial and can begin from the moment an accident occurs. For example, if you are involved in a car accident and are able to do so, you can take photos of the accident scene, your injuries, road conditions, or other elements that can help your claim.
Apart from photos and videos, witness statements, medical records, police records, expert opinions, CCTV footage, and other types of evidence can be used in personal injury cases to establish liability and fault.
When you work with Amanda Demanda Injury Lawyers, our dedicated legal team will help you gather the necessary evidence to support and strengthen your claim and always keep you informed about the status of your case.
Pre-Existing Conditions
In some instances, accident victims have pre-existing injuries or conditions that were worsened by the current accident. In many personal injury cases, the other party will most likely seek to escape liability for your injuries by arguing that they are not responsible for exacerbating your previous injuries.
However, our personal injury lawyers can help you breach such legal defensive strategies. We will diligently work alongside third-party professionals, such as healthcare experts, to help demonstrate the accident’s impact on your pre-existing conditions and seek proper compensation.
Settlement Offers
Insurance companies often offer personal injury victims early settlements to end their cases. However, these early offers might not reflect the full extent of your damages. It’s worth noting that the longer you have to wait for your injuries to heal and receive additional treatments, the higher your compensation amount will usually be to reflect the costs of treatment, lost wages, and the pain and suffering you’ve had to go through.
Our personal injury lawyers will properly evaluate any settlement offers, handle negotiations with insurance companies on your behalf, and advise you on whether they are fair. We will negotiate with them further until a fair settlement offer is proposed. If this cannot be achieved, we will advise you on whether or not you should initiate a personal injury lawsuit.
You should not fear taking legal action in such instances. Our seasoned personal injury trial lawyers will further strengthen your claim, advocate for your rights, and present arguments in front of the judge or jury.
Work With a Dedicated Personal Injury Lawyer
Dealing with any kind of personal injury entails not just physical consequences but also emotional and financial ones. At Amanda Demanda Injury Lawyers, our dedicated lawyers are committed to representing victims of negligence and bringing justice to their lives.
Since we work on a contingency fee basis, you will not have to worry about your financial standing. You won’t have to pay anything unless we win your case. Let our compassionate lawyers help you out! Contact our law office in Katy, TX, for a free consultation on your case and find out if you have the legal grounds and a fair chance of pursuing a winning claim.
