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Austin Personal Injury Lawyers

Austin is one of the fastest-growing cities in the United States, drawing people from across the country with its thriving tech industry, world-class live music scene, and vibrant culture. Home to the University of Texas and the Texas State Capitol, the city pulses with energy, from the bustling corridors of Downtown and South Congress to the scenic trails along Lady Bird Lake. 

With that growth, however, comes increased traffic, dense construction zones, crowded entertainment districts, and more opportunities for serious accidents to occur on roads like I-35, MoPac, and Highway 183.

When accidents happen in Austin, such as a car crash on a congested highway, a slip and fall at a local business, or a workplace injury on one of the city’s many active job sites, the consequences can be devastating. Medical bills pile up, paychecks stop coming, and insurance companies start working against you. Texas Law Guns, Injury and Accident Lawyers is here to help you fight back. Call us today for a free consultation – you pay nothing unless we win.

Why Hire Texas Law Guns, Injury & Accident Lawyers in Austin?

Serious injuries demand equally serious personal injury lawyers. At Texas Law Guns, Injury and Accident Lawyers, we bring a proven, relentless approach to every case we take. Here are some of the many reasons why injured clients have trusted us with their claims in the Austin community:

  • A Record That Speaks for Itself: We have secured more than $750 million in verdicts and settlements for injured clients across Texas. It’s a number that reflects decades of fighting hard and winning.
  • Personal Injury Law, Exclusively: Unlike law firms that spread themselves across multiple practice areas, we handle only personal injury law. This gives us a concentrated edge, allowing us to direct all of our legal resources toward accident victims.
  • A 99% Success Rate: We have achieved a 99% success rate across categories of injury claims: a track record that insurance companies know well and take seriously at the negotiating table.
  • Trial-Ready Representation: We aggressively negotiate with insurance companies to get the best possible settlement for our clients. If an insurer refuses to pay what you are owed, we take your case to trial. We do not back down.
  • No Fee Unless You Win: We handle all cases on a contingency fee basis. You pay nothing upfront and nothing out of pocket: we only collect a fee if we recover money on your behalf.

When the insurance company has a team working against you, you need a team working for you. We have built our reputation one hard-fought case at a time, and we are ready to put that record to work for injured Austinites. Call our law firm today for a free, no-obligation case evaluation.

Do You Need a Personal Injury Lawyer?

After an accident, one of the first questions people ask is whether they need an attorney. The answer depends on the situation, but in most cases where injuries are involved, having legal representation is strongly recommended. 

If your injuries were minor and you recovered with little to no medical treatment, you may be able to negotiate a settlement directly with the insurance company. But you’ll definitely want to hire an attorney if:

  • You Have Catastrophic Injuries: If you needed emergency care, surgery, hospitalization, or physical therapy, or you’re looking at long-term medical treatment, the value of your claim is higher. Future medical costs, ongoing pain, and lost earning capacity all factor in, and calculating those damages calls for professional insights.
  • Liability is Disputed: If the other party (or their insurer) is pushing back on who was at fault, your case needs to be built and defended with evidence. Under Texas’s modified comparative fault rule, the more fault they can shift onto you, the less you recover. At 51% or more, you recover nothing, an outcome a personal injury attorney will fight to prevent.
  • Multiple Parties are Involved: Car pile-ups, workplace accidents, and premises liability cases can involve multiple defendants, insurers, and overlapping coverage. Sorting out who owes what and making sure every available source of compensation is pursued is not something you’ll want to handle on your own.
  • A Loved One Was Killed: Wrongful death claims are not only traumatic, they also have their own deadlines and multiple categories of damages. Families dealing with grief should not also be going up against insurance companies without representation.
  • A Government Entity was Involved: Claims against a city, county, or state agency have shorter deadlines. Sometimes you only have as little as 45 to 90 days to file a formal notice, a challenge that a lawyer can help you with.

Studies show that injury victims represented by attorneys recover higher settlements than those who go it alone, even after attorney fees are factored in. Insurance companies are aware of this, which is why they prefer to deal with unrepresented claimants. When you have no attorney, they have little incentive to offer full value.

Beyond the money, an attorney handles every communication with the insurer, gathers and preserves evidence, meets all legal deadlines, and builds the strongest possible case, so you can put your energy toward recovering.

How Long Does It Take To Get A Settlement Agreement?

Every case is different, and how long it takes to secure a settlement agreement depends on several factors. If fault and liability are disputed, settling your claim may take longer while accident investigations are ongoing and witnesses are interviewed. Even when liability is not disputed, it may take time to calculate damages and negotiate your settlement, especially when injuries are severe.

In wrongful death claims and catastrophic injury cases, valuing your claim is critical for your financial well-being and future medical needs. You may need experts to help evaluate your injuries and determine the long-term impact they will have on you, including future necessary medical care. Financial experts can help with complex calculations, such as lost financial support and loss of earning capacity.

Even in straightforward injury cases, settlement negotiations may take time, especially when the defendant does not agree to fair and full settlement terms. A quick settlement agreement is often not in your best interests because first settlement offers are typically not the defendants’ best settlement offers. We understand how important compensation is to our clients after an accident, and our attorneys work as efficiently as possible to secure the compensation that they deserve.

Determining Fault

Whether you are injured in an automobile collision, defective product accident, slip and fall, or any other type of accident, the at-fault party is responsible for your resulting injuries and damages. To prove fault, you must demonstrate that the defendant’s negligent, reckless, or intentional conduct caused your accident. Our practice is devoted to personal injury cases, and we know how to prove fault and liability in all types of actions.

Depending on case-specific facts and circumstances, we utilize different methods and resources to prove our clients’ cases. We sometimes hire experts to help with accident reconstruction and to offer testimony related to the accident cause and fault. We also interview witnesses and first responders. We conduct thorough investigations to discover and preserve evidence showing that the defendant was at fault for your accident.

Personal Injury Cases We Handle

Our experienced attorneys handle all personal injury matters. We take on every type of defendant, including government entities, individuals, medical providers, nursing homes, and corporate entities, on behalf of our injured clients. We also stand up to insurance companies that are responsible for personal injury compensation.

In addition to representing injury victims, our attorneys represent surviving family members who have lost loved ones due to someone else’s misconduct.

questions and answers about filing personal injury claims in Austin TX

Frequently Asked Personal Injury Questions

At the Texas Law Guns, Injury & Accident Lawyers, we want everyone involved in personal injury accidents to understand their rights and options. We provide 100% free, zero-obligation case reviews in Austin to answer clients’ frequently asked questions. Our team and Austin personal injury lawyers can respond to your specific needs and concerns when you schedule a consultation. In the meantime, we hope answers to a few of the most commonly asked questions can help.

What is a Personal Injury Claim?

A personal injury claim is a legal demand for compensation made by someone who has been hurt due to another party’s negligence or wrongful conduct. It’s the formal way of holding the at-fault party accountable and recovering money for the losses that result from the injury.

It is important to note that not every injury gives rise to a personal injury claim. To have a valid claim, your injury must have been caused by someone else’s failure to act with reasonable care. That failure, known legally as negligence, is the cornerstone of nearly every personal injury case.

We’re often asked if a personal injury claim and a personal injury lawsuit are the same thing. Not quite.

  • A claim is typically filed with an insurance company and handled outside of court. It’s the starting point for most personal injury cases and how the majority of them are resolved.
  • A personal injury lawsuit is filed in civil court when the insurance company refuses to offer fair compensation, denies the claim outright, or when liability is seriously disputed. Filing a lawsuit doesn’t mean your case will go to trial: most lawsuits still settle before a jury ever hears them.

What Does A Personal Injury Lawyer Do?

Our personal injury attorneys in Austin, Texas, will manage the entire legal process for your personal injury claim. Our goal is to reduce the legal stress and pressures our clients face when recovering compensation for their injuries and damages. We will file the necessary paperwork related to your claim and handle all of the communication with the defendants and their insurance companies.

In addition to investigating your claim and gathering evidence that supports your case against the defendant, we will also calculate your total accident-related losses. In some cases, we hire medical experts to evaluate injuries and determine how those injuries will impact our clients in the future. Accurately valuing your injuries and damages is critical to ensure that you are fully compensated for your accident.

We also take care of settlement negotiations with insurance companies and prepare your case for trial. Many personal injury claims settle before going to trial, but we will be ready to go to court if we think it is in your best interests to do so. Our attorneys are skilled litigators, and they do not recommend accepting inadequate settlement offers to avoid personal injury trials.

What are Damages?

In a personal injury case, “damages” is the legal term for the compensation you are entitled to recover from the party whose negligence caused your injury. In Texas, damages fall into three broad categories: economic, non-economic, and punitive.

Economic Damages

Economic damages cover losses that carry a direct dollar value. These are documented, calculable, and form the foundation of most personal injury claims.

  • Medical Expenses: This is the most common component of any personal injury claim. It includes emergency room visits and ambulance fees, hospital stays and surgical costs, prescription medications, physical therapy and rehabilitation, and future medical care.
  • Lost Wages: If your injury kept you out of work during recovery, you are entitled to recover the income you lost during that time. This includes salary, hourly wages, tips, bonuses, and self-employment income.
  • Loss of Earning Capacity: If your injury permanently limits your ability to work or prevents you from returning to your previous occupation, you can recover damages for the difference between what you could have earned and what you are now able to earn. This calculation accounts for your age, occupation, education, and projected career trajectory.
  • Property Damage: In accidents involving vehicles or personal property, the cost of repair or replacement is recoverable as an economic damage.
  • Out-of-Pocket Expenses: Any expense you incurred directly because of the injury (e.g.,  transportation to medical appointments, home modifications, in-home care, or childcare during recovery) can be claimed.

Non-Economic Damages

Non-economic damages compensate for more intangible losses, like the following:

  • Pain and Suffering: This covers the physical pain and discomfort caused by your injury. There is no fixed formula in Texas for calculating pain and suffering. Attorneys and juries may use a multiplier applied to economic damages, a daily rate, or other methods, depending on the case.
  • Emotional Distress: Serious injuries take a psychological toll. Anxiety, depression, post-traumatic stress disorder, and sleep disturbances are all compensable forms of emotional harm when tied to an injury caused by someone else’s negligence.
  • Loss of Enjoyment of Life: If your injury prevents you from participating in activities you previously enjoyed, you can seek compensation for that loss.
  • Loss of Consortium: When an injury affects your relationship with your spouse, they may have a separate claim for loss of consortium.

Punitive Damages

Also called exemplary damages in Texas, punitive damages go beyond compensating the victim. They are awarded to punish a defendant whose conduct was driven by fraud, malice, or gross negligence and deter similar conduct in the future.

Common situations where punitive damages arise include:

  • Drunk or intoxicated driving
  • Street racing
  • Intentional assault
  • Gross corporate negligence, such as knowingly selling a dangerous product

What is My Injury Claim Worth?

In addition to affecting your quality of life, devastating injuries are likely to put a financial burden on you and your family. A successful case against a defendant for a personal injury could lead to compensation for several tangible and intangible losses in Texas. Your compensation may include loss of consortium, legal fees, and other damages described in the previous FAQ.

What Should I Tell The Insurance Company?

If an insurance adjuster contacts you, it is best to consult with an attorney before you tell them anything. Insurance company representatives may pretend to be on your side and show concern for your injuries, but their goal is always to pay as little as possible for their claims. If you tell them about your accident and injuries, they can use anything you say against you in the future.

Adjusters are often skilled at asking questions and getting injured victims to make statements that end up hurting their personal injury claim in the long run. As mentioned above, your personal injury attorney will handle all communication with insurance companies. When they know that you have legal representation, adjusters are not allowed to contact you directly and will go through your attorney instead.

What If I Contributed To The Accident?

Fortunately for injury victims, Texas is a comparative fault state. This means that you may still be entitled to compensation under a personal injury claim, even if you were partially at fault for the accident, so long as you were not 51% or more at fault. A common personal injury defense is to blame the plaintiff for the accident and resulting injuries.

If you were injured in an accident and believe that you were partially at fault, an Austin personal injury attorney can go over your case and discuss how your contribution to the accident may impact your case. In general, your recoverable compensation will be reduced proportionately to your share of fault. For example, if you were 20% at fault for the accident, your compensation for your accident-related losses will be reduced by 20%.

How Long Do I Have to File in Texas?

You must act within your deadline if you wish to have a valid claim to damages. The statute of limitations on most injury claims in Texas is two years, with some exceptions. Act quickly for the best chance of meeting your deadline. Otherwise, you could lose your right to file.

In general, you might have a personal injury claim if someone else’s negligence, recklessness, wanton disregard for the safety of others, or intent to harm gave you an injury or illness. If a prudent party in the same situation reasonably would have been able to prevent your accident, someone may owe you financial compensation. Learn more during a conversation with our personal injury lawyers in Austin.

austin personal injury attorney

Negligence Laws in Texas

Most personal injury cases are based on allegations that the defendant’s negligence caused the plaintiff to suffer injuries and damages. To succeed in a negligence-based personal injury claim, you must demonstrate the following elements:

  • The defendant owed you a duty of care – This means that the defendant had a duty to act or refrain from acting in a particular way. For example, a driver has a duty to follow Texas rules of the road and operate with caution. Doctors have a duty to treat patients within the scope of the accepted medical standard of care.
  • The defendant breached his or her duty of care – You will then show that the defendant’s wrongful conduct violated the duty of care owed to you. In the medical negligence example, you would provide evidence to show that the doctor’s care fell below the accepted medical standard of care.
  • You sustained injuries and damages – To prove a negligence claim, it is not enough to show that the defendant was negligent. You are required to show that you have suffered actual losses, such as injuries, medical expenses, and lost income.
  • The defendant’s conduct caused your injuries and damages – In addition to proving that you suffered losses, you will also show what’s known as ‘but for causation.’ For example, in a car accident personal injury case, you will provide evidence to prove that but for the defendant driver’s negligence, you would not have been injured.

20 Questions to Ask Your Personal Injury Lawyer

Empower yourself with the knowledge needed to make informed decisions about your personal injury case. Our guide provides you with essential questions to ask when selecting the right lawyer for your needs.

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What to Do if You Have Been Injured

You or your lawyer’s main task during a personal injury claim will be to prove the defendant’s liability. This takes a preponderance of the evidence. You need to present enough evidence to convince a judge or jury that your version of events is more likely to be true than not true. You can increase the odds of a successful case by taking the right steps after an accident.

  • Take pictures and videos of the accident scene and anything that may be used to support your personal injury claim, such as damaged property. It is important to collect and preserve as much evidence as possible after an accident.
  • Call the police to report a serious accident or injury. If your injuries permit, you should remain at the accident scene to detail your version of events to responding officers.
  • Report the accident to a supervisor, manager, or employer. Accident and injury reports help to validate your accident and injury allegations.
  • Do not admit fault. After an accident, you may not know who was at fault, or you may be confused about how the accident occurred. Even if you think you may have been responsible for the accident, you should not admit fault because you cannot take back your statements if evidence shows that someone else caused the accident.
  • Get the names and contact information of everyone else involved. You should also collect contact information from anyone who witnessed the accident or may have relevant information.
  • Contact an insurance company to report damages. Insurance companies can only pay claims that they know about. However, it is in your best interests to speak with an attorney before you provide too many details to an insurance company about your accident and resulting injuries.
  • Go to a hospital for immediate medical care. Even if you do not think your injuries require immediate medical care, it is important to be examined by a medical professional as soon as possible.
  • Follow your doctor’s treatment plan. If you do not comply with your doctor’s recommended treatment, the defense may argue that your injuries were the result of failing to follow medical advice rather than the accident.
  • Keep copies of your medical documents, bills, and records. Medical documentation can be used to help prove the extent of your injuries and accident-related medical costs.
  • Obtain a copy of your police and/or accident report. The accident report will have valuable information in it that can be used to prove your claim. If there are inaccuracies in the report, it is important to identify them right away so that you can challenge those details.
  • Create a file with all of your accident-related information. It is easy to lose track of information and evidence after an accident, especially when you are also trying to recover from injuries. Keeping a file of accident information will help you preserve evidence and other important details that may help your case.
  • Contact the Austin personal injury lawyers at the Texas Law Guns, Injury & Accident Lawyers. Our attorneys take on all types of personal injury cases, and they work to maximize compensation for every injured client.

Contacting our lawyers sooner rather than later can give you the strongest possible claim to damages. We can immediately go to work on your case, collecting information and building a case against the correct defendant(s) on your behalf. Start by requesting a free consultation about your accident today.

Common Personal Injury Claims in Austin

Many accidents in Austin can lead to personal injury claims and lawsuits. Any circumstance in which one or more parties breach a duty of care, break the law or infringe upon a victim’s civil rights and cause injuries could result in a claim. At the Texas Law Guns, Injury & Accident Lawyers, we accept clients involved in many types of accidents, including:

These accidents can cause bone fractures, traumatic brain injuries, spine injuries, burns, lacerations, muscle injuries, hearing and vision loss, permanent disabilities, scarring, disfigurement, and wrongful death. If you or someone you love has any type of injury from an accident in Austin, contact us to learn whether you have grounds for a civil lawsuit. If so, we may be able to help you file.

personal injury attorney austin

Contact Our Austin Personal Injury Attorneys

An accident in Travis County could significantly disrupt your life. If you have medical expenses, serious injuries, emotional distress, property damages, or other losses because of a recent accident, do not hesitate to contact our office for a free consultation. The Austin personal injury lawyers at the Texas Law Guns, Injury & Accident Lawyers can review your rights at no cost or obligation. Call our law firm at (866) 922-2353 today to learn more.

Client Testimonial: 5/5 ★ ★ ★ ★ ★

By far the most professional firm I’ve come across. They kept me informed every step of the way. Their willingness to answer my questions, no matter how big or small, made me feel comfortable. They’ve definitely earned my trust, as well as a lifetime customer.

-Niria Velasquez

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