Agressive Cypress Personal Injury Lawyers
Cypress Personal Injury Lawyers
Not every injury equates to a personal injury claim. Personal injury law encompasses incidents that lead to a person’s harm through a specific theory of law known as negligence. Negligence refers to actions or lack of action from a party that leads to physical, mental, or financial harm to another person. The essential element that links the negligent party and the injured person is called duty of care. Duty of care is the legal standard to which people, companies, and even government entities must adhere to prevent causing harm. When that duty of care is violated, that creates the legal grounds for a victim to file a personal injury claim or lawsuit against them to recover monetary compensation that covers the financial burden created by the harm they’ve sustained.
To recover fair compensation, the claimant (the person injured) must prove that a duty of care existed at the time of the accident and that the at-fault party’s negligence was the direct or proximate cause of their damages. However, proving negligence can be challenging and often requires a deep understanding of personal injury law and how insurance companies operate. The best way to ensure that you are able to recover fair compensation is to contact Mott & Moffett today. Our dedicated and experienced personal injury lawyers are committed to aggressively pursuing our client’s right to full and fair compensation.
4 Facts About Texas Personal Injury Claims to Know
Nearly every day, people are injured because of someone else’s negligence. Whether it’s a car accident, slip-and-fall accident, or another type of accident, people harmed by reckless and careless parties deserve to be fairly compensated. However, there’s a lot that goes into a personal injury claim, and it’s important to understand the process to achieve a successful outcome. The following four facts are a great place to start understanding what you should know about Texas personal injury claims.
1. Personal Injury Is Much More Than Car Accidents
The most common type of personal injury claim is a car accident claim, but personal injury law encompasses many types of accidents. A personal injury claim can be filed for any situation where one party’s actions lead to another person’s harm. Motor vehicle accidents, such as car, truck, and motorcycle accidents, are the most commonly heard about, but slip-and-fall accidents, medical malpractice, product liability, and many more also fall into the personal injury umbrella.
2. Insurance Companies Don’t Have Your Best Interest in Mind
In theory, insurance companies are your lifeline in the event of an accident. Unfortunately, insurance companies aren’t interested in helping you recover compensation for your accident. Their goal is to protect their bottom line regardless of how it impacts you. Every personal injury lawyer will advise you to be cautious around insurance companies for a reason—to protect your rights and best interest. Protect yourself against insurance company tactics designed to limit their payout as much as possible by hiring a dedicated and trusted personal injury lawyer.
3. Visiting a Doctor and Following Their Instructions Helps Your Case
Going to a doctor as soon as possible after a car accident is vital to building a strong case. Insurance companies often try to claim that a victim’s injuries are preexisting conditions and, therefore, they aren’t liable for damages. Visiting a medical professional immediately after an accident creates concrete and medical proof that your injuries are, in fact, the result of the accident and the negligent party’s actions.
Once you’ve visited the doctor, if you receive clear instructions on maintaining your health or going about your healing journey, it’s critical to follow their instructions. Deviating from their instructions can be used against you. An insurance adjuster may claim that your injuries cannot be as extensive or painful as your claim because you aren’t following your doctor’s instructions.
4. There’s a Clock on Your Claim
In Texas, people have two years from the date of the accident to file their claim. This time frame is known as the “statute of limitations,” and it’s in place to help preserve evidence and encourage people to file their claims as soon as possible. If the statute of limitation passes, you forfeit your right to pursue legal action and recover compensation. Under very specific and particular circumstances, there may be exceptions to the statute of limitations time frame. However, the best thing to do to protect your right to compensation is to file your claim as soon as you can.
The Process for a Personal Injury Claim
When someone else’s negligence causes you physical, mental, or financial harm, you may be entitled to compensation. However, being deserving of compensation isn’t enough. You must be able to prove negligence and build a case for the amount of damages you are asking for. While every personal injury case is unique, there are general steps that every case follows.
- Reaching out to a personal injury attorney
- Filing the claim
- Investigation of the accident, your injuries, and how your injury impacts your life
- Document damages
- Calculating damages
- Negotiating a settlement
- Going to trial (if the insurance company declines or refuses to pay the fair compensation amount)
While the process seems simple, it can quickly become complicated depending on the circumstances of the accident. While it may be tempting to try and tackle a personal injury claim on your own after suffering so much at the hands of another, you deserve to recover full compensation. Work with an experienced personal injury attorney that can aggressively pursue the total value of the compensation you are entitled to.