How to Win Your Personal Injury Claim

Winning Personal Injury Lawsuits: What Makes A Good Case?

The first question we get asked from new or potential clients is: “Do I have a case?”. As every accident is unique, there is no single comprehensive answer. In the state of Texas, however, the following three items need to be proven by an accident victim in order to win a personal injury claim lawsuit in an Austin courtroom:

1. Proof of a Negligent Act

“Negligence” and “intent” do not have the same meaning. It is not necessary to prove the other driver hit you with intent but rather did so with a disregard for public safety and traffic laws. Running a red light and colliding with another vehicle would be one example of proof of negligence.

2. Proof that the Negligent Party Caused an Injury

One thing that makes a strong legal case for a personal injury claim in Austin courts is proof that the negligent party caused an injury. Once negligence is proven, you must be able to attribute an identifiable injury to the accident. Physical injuries, psychological trauma, and damages to your car can all act as proof after a car accident. For this reason, it is INCREDIBLY IMPORTANT to take detailed photos of both your injuries and your vehicle.

3. Proof the Injury Resulted in Recoverable Damages

In Austin personal injury claim lawsuits, the term “damages” refers to the amount of claim compensation an accident victim may recover from a negligent defendant. Medical bills, lost wages, and vehicle repairs are examples of common damages that result from a car accident.

The Personal Injury Claims Process in Texas

Before anything else, CALL PAUL. To build a strong personal injury case in Austin courts, accident victims must first seek the guidance of a seasoned personal injury lawyer. Having legal representation significantly enhances your chances of success in your personal injury claim. At Batrice Law Firm, we possess extensive expertise in handling various personal injury cases, including car accidents, commercial 18-wheeler wrecks, motorcycle crashes, boating accidents, and slip-and-fall incidents. We are well-acquainted with the intricacies of the personal injury claims process in Austin and have the readiness to take your case to trial if required.

Investigating Personal Injury Cases: Engaging the services of a lawyer does not necessarily entail filing a lawsuit. Our team of proficient experts will initially focus on gathering substantial evidence to strengthen your personal injury claim. This entails carrying out a comprehensive investigation, including collecting photographic evidence from the scene, such as property damage and injuries sustained, securing the crash report, and reaching out to potential witnesses.
Document Your Personal Injuries & Treatment: Comprehensive medical records documenting your significant injuries and soft tissue damage will play a crucial role in securing a favorable outcome. It is vital to select a medical professional who excels in providing exceptional treatment and demonstrates a willingness to testify confidently in court.

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We Can Help with Our Network of Consulting Experts

Most good personal injury attorneys in Austin use Expert Witnesses in wrongful death claims and personal injury and medical malpractice cases to establish liability and prove damages and medical malpractice. These experts, such as accident reconstructionists, trucking experts, braking experts, life care planners, economists, and vocational experts, can serve as witnesses to help a judge or jury understand the sequence of events and damages you have endured or will likely endure.

Turn to Us For Trusted Support

If questions arise regarding what makes a good personal injury case, let Austin’s top personal injury lawyers look for answers. We can review your case, explain your options, and describe how we can help you win your personal injury lawsuit and receive fair compensation. Always talk to us before your insurance company for all types of personal injury questions. For a free consultation with an experienced personal injury attorney, call 512-955-5434 or send an email to our firm in Austin today.

FREQUENTLY ASKED QUESTIONS

What is the personal injury claims process in Texas?

CALL PAUL FIRST. In order to make a good personal injury case in Austin courts, the first step accident victims should take is to seek the consultation of an experienced personal injury lawyer. Your odds of success in your personal injury claim increase greatly with legal representation. Batrice Law Firm has extensive experience with personal injury cases, including a car accident claim, commercial 18-wheeler wrecks, motorcycle crashes, and boating accidents, as well as slip and fall accidents. We have seen every type of accident and understand every step of the personal injury claims process in Austin, and we are more than prepared to take your case to trial if necessary.

Launch an Investigation and Collect Evidence

Hiring a lawyer does not always mean filing a lawsuit. Our team of experts will first need to gather as much information supporting your personal injury claim as possible. During the investigative process, we will collect any and all photos from the scene (including property damages and injuries sustained), request copies of the crash report, and contact any witnesses to the accident, among other things. DO NOT try to help yourself by speaking to any insurance company or insurance adjuster. Every insurance company employs entire law firms in an effort to minimize the amount they pay out. Instead, let us do the talking for you before the insurance company refuses to pay!

Document the Extent of Your Treatment

In order to win your personal injury claims lawsuit, Austin courts will require proof of your accident-related injuries. It is vital to seek medical attention as soon as possible after an accident, either by visiting the ER or seeing your primary care physician. Medical records will provide documentation of your major and soft tissue injuries that will be crucial to winning your case. It is important that you use a doctor or medical professional who not only is a good medical treatment provider but also is not afraid to testify in court.

Do personal injury cases always go to trial?

If you have recently been injured due to someone else’s negligence, you may be wondering if your personal injury case will end up going to trial. The short answer is no; most cases actually settle before trial. In fact, defendants and their insurance companies often settle cases when there is proper proof of evidence against them. However, if a settlement is not possible, a lawsuit can be filed on your behalf to fight for the personal injury damages you deserve in court. It’s essential to have a skilled lawyer with experience in filing lawsuits and taking cases to trial if necessary. Remember, better lawyers do not fear appearing in court and fighting for your rights.

Negotiate a Settlement or File a Personal Injury Lawsuit in an Austin-Area Court

The vast majority of personal injury claims lawsuits are settled without the need for trial. Defendants and their insurance companies are often forced to settle cases with the proper proof of evidence against them. If early settlement is not possible, we will file a lawsuit to fight for you in court. It is important to note that better lawyers have experience filing lawsuits and are not afraid to appear in court on your behalf.

Obtain an Outcome

Throughout the litigation process, evidence will be exchanged between parties in an effort to establish a strong bargaining position and force a fair settlement. If a settlement is not possible, a trial may be required. In a trial, the judge and jury will be presented with evidence and arguments from both sides prior to rendering a verdict. If the losing side does not appeal this verdict, the trial court’s decision is final, and you’ve completed your personal injury claims lawsuit. As Austin’s best personal injury attorneys, we can guide you through the appellate process. If there is an appeal, most cases are still able to negotiate based on the outcome in the trial court.

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