New Braunfels, Texas, Personal Injury Attorney

Scores of South Central Texans are injured or killed every day, through no fault of their own. Many of these incidents take place on area streets and highways, and negligent third parties must be identified and held legally responsible. Dangerous property conditions, such as unsafe floors and inadequate security, injure many others. All these victims are entitled to financial compensation, but there is a big difference between theoretical entitlement and actually receiving the money you deserve.

At The Bettersworth Law Firm, our team works hard to close the gap between the two. Our simple commitment to you is our best effort and our best attitude, every time we pick up your file. We routinely handle personal injury cases in all area courts, so we know all the procedural rules and expectations, even the ones that are unwritten. Through our attention to detail, we have built a well-earned reputation, and we leverage that reputation in your favor.

Vehicle Crashes In Texas

Most negligence cases in the state of Texas involve car and truck wrecks. Although every case is different, there are some common aspects in many situations including rear-end collisions, I-35 wrecks, motorcycle wrecks and hit and run collisions.

Since Interstate 35 is one of the primary shipping routes between the United States and Mexico, there are a number of large truck crashes on both the interstate and feeder roads. Victims in these cases often sustain serious injuries, so compensation may be substantial. Negligence in these cases includes:

Landowner And Manufacturer Liability

Just like drivers owe a duty of care to other motorists, landowners owe a duty of care to people who visit their property, whether it is for commercial reasons or any other purpose. In a similar vein, consumer products manufacturers must make their goods safe and effective. Common lapses include:

What Can You Seek Compensation For In A Texas Personal Injury Lawsuit?

The specific damages you can claim will depend on the facts of your case. But in general, victims can claim compensation for their financial losses, including coverage of their medical bills, property damage and lost wages due to time spent unable to work. If the accident left you permanently disabled and you can no longer continue working your previous job, you can seek compensation for loss of earning capacity.

In addition to the damages above, you can also sue for noneconomic damages, which are not necessarily related to financial costs you have incurred. These include physical pain, mental anguish, physical impairment and disfigurement. In certain and rare cases, you can also pursue punitive damages, which are intended to punish the at-fault party for conduct that was particularly egregious.

How Do You Determine If You Have A Personal Injury Case?

Living in Texas shouldn’t come with the fear of unexpected medical bills after an accident. If you’ve suffered an injury due to someone else’s carelessness, you may have a personal injury case.

Every legal file should receive the best effort and attitude honed to a razor’s edge. An experienced personal injury attorney familiar with personal injury rules can help you know if you have to file a lawsuit against the at-fault party. Here are some things that have to be considered:

  • Did someone else’s negligence cause your injury? This is the cornerstone of your case. Your injury must stem from someone else’s careless or reckless actions, not a preexisting condition. Even seemingly minor injuries can warrant a claim, especially if they require medical treatment.
  • Did you suffer losses? A personal injury case isn’t just about the physical. Accidents often inflict emotional, financial and physical tolls. Medical bills, lost wages, and pain and suffering are all valid claims. Whether it’s a workplace accident, car crash or even medical malpractice, your losses deserve a voice.
  • Are you within the statute of limitations? Insurance companies might be flexible on deadlines, but Texas law isn’t. You have two years from the accident date to file a lawsuit against the at-fault party. Consult a seasonal personal injury attorney to help file your lawsuit on time.
  • Were you less than 50% at fault? Texas law recognizes “proportionate responsibility,” meaning if you share part of the blame for the accident, your compensation might be reduced proportionally. However, you can still pursue a claim so long as your liability for your injuries is less than 50%.
  • Is there evidence to support your case? You need strong evidence as your weapon in a courtroom to prove your injury and the at-fault party’s negligence. Gather any evidence you can, including police reports, witness statements, medical records and photos of the scene.

It can be impossible to take these steps on your own. Partnering with an experienced personal injury attorney is the wisest thing to do if you want to optimize the compensation for your injuries.

Will The Damage Caps In Texas Lower The Total Amount Of Your Jury Award?

Texas does have laws limiting the amount of money victims can receive in personal injury awards. Thankfully, however, these caps don’t apply to most types of cases. State laws place limits on how much victims can receive in punitive damages, which, as mentioned above, are not commonly awarded.

There are also caps on the amount of noneconomic damages plaintiffs can receive in medical malpractice litigation. Remember that noneconomic damages refer to harms without a calculable financial cost such as pain and suffering.

Finally, there are laws capping the amount of damages victims can claim when suing a government entity (city or state). This includes emergency service entities like police and firefighters. This cap can be significant and detrimental if you were involved in a car accident with a speeding police car or hit by a fire truck, for instance.

In any of the cases mentioned above, it is important to work with a skilled attorney who can help you maximize available damages, even if those damages are capped.

Contact The Firm Today For A Free Consultation

A momentary lapse often leads to significant emotional, physical and financial pain. For a free consultation regarding any personal injury matter, contact The Bettersworth Law Firm now at 830-443-9193. An attorney can help ensure that you receive regular medical care, even if you have no money and no insurance. We assist clients throughout South Central Texas from our main office in New Braunfels.