What Kind of Case Will Austin Personal Injury Attorneys Take?
Personal injury lawyers are there for people when they need help after a traumatic accident. Often people who experience traumatic crashes turn to personal injury attorneys when they don’t know how they can pay for their medical bills.
Filing a personal injury claim with an accomplished attorney is often the best defense against an insurance company unwilling to compensate the injured victim. Unfortunately, an insurance adjuster’s job is to protect the bottom line of the insurance company. It is not their goal to make sure that those injured due to another’s negligence get the help they need and deserve. That’s why personal injury lawyers are so important to those facing injuries in a serious accident.
Sure, an attorney can be helpful, but how do you know that they will take your case?
Personal injury attorneys can work a variety of areas, or choose to specialize in a certain area of law in which they hold expertise. It is true that cases involving truck accidents can involve regulations that would not be present in a car-vs-car accident. When choosing an attorney, it’s important to work with someone who has the experience and resources needed to secure a maximum fair settlement.
Often, important indicators on whether or not someone who was injured in a crash can find representation depends on:
- Who was at fault in the crash
- Whether or not there were injuries in the crash
- If the injured person sought medical treatment of their injuries
Jason McMinn and Justin McMinn have over a decade of experience in a variety of personal injury cases.
They include car accidents involving:
Who was involved, who was at fault in the Crash?
No two people are the same, and no two car crashes are the same.
Previous injuries or a poor driving history can come into question during personal injury proceedings. Personal injury clients with a clean driving record could have a more straightforward path to proving liability in a crash. In personal injury, the plaintiff must prove that the injuries sustained were due to the incident at hand. If the plaintiff has a complicated medical history, it may be more difficult to prove that the injuries were not present before the crash.
Passengers involved in a crash should not have to worry about possible liability. For example, if you were in an Uber that was at fault, you still have a path to recovery.
Whether one party was at fault in a crash will play a large role in settlement and case proceedings. It is often that one party will receive a ticket following a serious car accident. Police reports can serve as evidence in a personal injury case. These records can provide clarity in determining fault. In Texas, a claim can still be made if the personal injury client could have had some ability to prevent the accident. If the crash could have been prevented with defensive driving, then the client may receive a percentage of fault.
Recoveries can be made by parties as long as they are not greater than 50% responsible for the crash. It is up to the attorney or law firm whether or not they want to take a case in which the client could be proved to be at fault.
Whether or not there were injuries in the crash
If there were no injuries in the crash, there is no personal injury case.
Most auto accident lawyers will not take cases that only involve property damage. Property damage can be handled by insurance adjusters.
Personal injury auto accident cases are not for “emotional damage” alone. The trauma from a crash may be serious. It could cause someone to experience PTSD from a crash. But without treatment of injuries there is no case.
Did the injured person seek medical treatment?
After an accident, if you believe you may be injured, it is very important for your health and chance at recovery to see a doctor.
Failure to see a doctor after the accident could be an indicator to juries that the plaintiff is faking it. It certainly could be true injuries from the crash – car accident injuries can take time to present themselves.