Austin Personal Injury Lawyers – Frequently Asked Questions

If you have suffered physical or financial harm because a person, business, corporation, or other entity harmed you through their actions or their failure to act, our Austin personal injury attorneys with The Sharp Firm want to help you receive the compensation you deserve.

What is personal injury?

Why do I need to talk to an Austin personal injury attorney right away?

Why shouldn’t I cooperate with the insurance company?

Who can file a personal injury lawsuit?

Can I file a personal injury lawsuit at any time?

How does personal injury law compensate victims?

Do I have a personal injury case?

What is a personal injury?

The term “personal injury” is typically defined as an injury to one’s mind, body, or emotions. In other words, it’s an injury to the person, as opposed to an injury to property. When property is harmed in conjunction with the personal injury, compensating for that harmed property becomes part of the personal injury lawsuit.

Personal injury law is an area of law that seeks to compensate the victims of personal injury and punish the offenders through monetary awards, known as compensatory and punitive damages. The goal of the Sharp Firm personal injury attorneys is to win compensation for the victims of personal injury. The Sharp Firm personal injury attorneys have significant litigation experience and are very familiar with the different court rules and systems in Austin, Texas, the surrounding areas, and the federal court system.

There are many types of personal injury lawsuits, including auto accidents, motorcycle accidents, truck accidents, assault, liable, slander, malpractice products liability, insurance disputes, elder abuse, brain injury, and catastrophic injury. Our experienced Austin personal injury attorneys can help you regardless of which type of personal injury case you have.

Top

Why do I need to talk to an Austin personal injury attorney right away?

You need to talk to an Austin personal injury attorney as soon as possible so all your rights are protected. There can be complicated legal issues and insurance questions including whether uninsured motorist coverage is available, whether multiple policies of the uninsured motorist coverage can be stacked to provide additional coverage, whether underinsured motorist coverage is available, whether the defendant has excess insurance coverage or an umbrella policy.

There also may be other people who are responsible for the person who injured you such as the employer or principal of the person who injured you or it may not have been an injury as the result of a person, but because a defective product instead. An experienced Austin personal injury attorney can explore all avenues of potential recovery. It is also extremely important to preserve all the evidence in your case.

Top

Why shouldn’t I cooperate with the insurance company?

You should never give a recorded statement to the claims adjuster for the insurance company without consulting first with an Austin personal injury attorney. The claims adjuster works for the insurance company. Their job is to help their employer and the person or business who caused your injury. It is not to help you. They may try to get you to agree to misleading statements of how an accident occurs which will be used against you if the case goes to trial.

Never sign any papers sent by the insurance company without first talking to an Austin personal injury attorney. A release called a general release will prevent you from suing other people liable for your injuries, even though the insurance company will not compensate you for those additional claims.

Top

Who can file a personal injury lawsuit?

Once you retain one of our Austin personal injury attorneys, he or she will file the lawsuit on behalf you or your family member as the victim of the personal injury. If the victim is deceased or found to be mentally incompetent, the lawsuit can sometimes be brought by an heir, representative, family member or legal guardian. Others indirectly harmed by the personal injury may also have a cause of action. Our personal injury attorneys at The Sharp Firm will review your case to determine who is/are the proper party or parties to bring the lawsuit.

Top

Can I file a personal injury lawsuit at any time?

No. The time to which to file the personal injury lawsuit is controlled by what is called the statute of limitations. Some status are as short as one year following the accident or event although most are two years statue of limitations. There may be some exceptions, however you should consult with one of our attorney’s about those. In addition, if you are injured by a government employee or the entity, certain notice requirements have to be made, some within 30 days of the accident. The Austin personal injury attorneys at the Sharp Firm will help you determine what the applicable statute of limitations is for your case, but it is important to discuss your case with our attorneys as soon as possible after the personal injury occurs. If your personal injury case is filed after the statute of limitations has expired, it is very likely that the lawsuit will be dismissed, and you will have no recourse or method for monetary compensation, legal or otherwise.

The Austin personal injury attorneys at The Sharp Firm can help you determine if you have a personal injury lawsuit and what your statute of limitations for filing your lawsuit is. Please contact us as soon as possible to discuss your case.

Top

How does personal injury law compensate victims?

Damages
When your personal injury attorneys prove your case at trial or settle your case, you are usually awarded compensatory damages. Compensatory damages are meant to compensate the victim for the injuries he/she suffered in the accident.

To calculate compensatory damages, a monetary value is assigned to a victim’s physical harm and property loss as a result of the personal injury. This monetary value can be actual or estimated. Actual losses include medical bills, lost wages, repair bills or lost of fair market value for an automobile or other property that was harmed as a direct result of the personal injury, and lost wages or earned sick or vacation time. Additionally, there are non-economic damages such as pain and suffering, mental anguish, impairment, disfigurement, pain and suffering. Some causes of action are allow for damages to one’s reputation or business.

Indirect victims of the personal injury may also have a legal claim to compensatory damages. Spouses, for example, can often file suit to recoup monies lost due to loss of love and affection, consortium and loss of the spouse’s contribution to the household. The Sharp Firm personal injury attorneys will help you determine the correct parties of your lawsuit and damages that they may pursue.

Top

Do I have a personal injury case?

Not all injuries result in a personal injury case. For those that do, every personal injury case is different. Whether or not you have a personal injury case depends upon the facts of your situation and usually only an attorney can tell you if you have a viable case. But keep in mind that because of the statute of limitations, time is of the essence.

If you have been injured, please contact one of our Austin personal injury lawyers at the Sharp Firm to discuss your situation and your legal rights.

Top