Check out our blog for perspectives on accidents and injuries in the news, including links to the McMinn Law Firm’s Injury & Accident Checklist Resource Series.
While there is no formula for a successful personal injury case, most cases will follow five basic steps. View the outline of most personal injury cases with our personal injury case guide and infographic.
Remember, it is important to treat injuries before you settle on a lawyer or determine if you need legal help.
Lawyers demonstrate their credentials and track record on online directories and resources. Criteria for top ratings differ on each of the top rating sites such as Avvo, Justia, and LinkedIn. Find out more about how to find the right lawyer on our fact sheet about how to find your personal injury lawyer.
Most people search online or ask friends to find recommendations for a personal injury lawyer. Reading client reviews online is a good way to get a feel for a particular lawyer. Will they be a good fit for you? Will you feel confident about their ability to handle your case? It can take time and energy to find a lawyer you really want to represent your case.
Reviewing lawyer bios and profiles online can help answer specific questions. How much experience do they have in personal injury law? Have they handled cases similar to mine?
As a rule of thumb, look for a personal injury lawyer demonstrating these positive signs:
- Prompt response to your phone calls;
- No requirement of an up-front payment; and
- Detailed explanation of how a personal injury case usually works, including how your case may be similar to or different from a usual case.
A Personal Injury Lawyer Is…
A personal injury lawyer is a lawyer who provides legal representation to people who have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity.
Focus on Tort Law
Personal injury lawyers are known to focus on tort law, which includes civil wrongs and economic or non-economic damages to a person’s property, reputation, or rights.Even though personal injury lawyers usually are trained and licensed to practice across many general areas of the law, they generally only handle cases that fall under tort law. (Source – Wikipedia)
Examples of Cases Personal Injury Lawyer Would Represent
Situations that could generate a case falling under tort law:
- Vehicle accident caused by a person’s mistakes that results in serious injury to not-at-fault parties
- Personal injury caused by another person’s property such as a dog bite
- Personal injury resulting from a host or store not maintaining their property to keep it safe
- A civil suit brought by a victim of a crime to recover medical expenses and other damages caused by the crime.
For more information please visit our Personal Injury Law Practice Areas Page.
Personal injury law is…
an area of law that provides compensation for victims emotionally or physically injured as a result of an accident. You may have a potential injury case if someone around you acted negligently and caused you harm.
What is negligence?
A negligent act is when someone does something that a reasonable person would not do. However, a negligent act alone does not mean that you have a personal injury case. You must prove that an injury was caused because of this negligent act. That is why you need a personal injury lawyer to act on your behalf.
If you can prove negligence in a case, and you suffer harm or injury, you may be entitled to some kind of compensation. Personal injury lawsuits also may cause a business to change their practices in order to prevent future injuries. In the past, personal injury lawsuits have been the reason behind a number of safety improvements in many different industries.
For more information on personal injury law, check out our blog post here.
You need a personal injury lawyer to represent your interests in the negotiation with the insurance company. While the insurance adjuster may be the person at the insurance company who knows you and your case, the adjuster primarily is working on behalf of the insurance company with the goal of containing the costs of the claim.
In other words, the adjuster’s goal is to keep costs down for the insurance company while a personal injury lawyer’s job is to get you the compensation you deserve from the insurance company. Check out our infographic called “How An Austin Personal Injury Case Works”.
Understand your insurance contract with our guide to the 7 Principles of Insurance Contracts.
Damage caps exist in medical malpractice lawsuits, lawsuits involving punitive damages, and lawsuits against government entities.
In 2003 Texas passed the Medical Malpractice and Tort Reform Act to limit the maximum amount of money a person can receive for non-economic damages.
In cases involving government entities other than the state, a municipality, or emergency service organization the maximum money damages for each person is $100,000 and for each single occurrence is $300,000.
Sometime a case involves damages against a party to serve as punishment for grossly negligent behavior. These damages are not for economic reimbursement (for medical bills and lost wages) nor for non-economic damages (pain and suffering). Instead, these damages are used to send a message to a party who has acted in a manner that deserves punishment. In Texas, punitive damages may not exceed more than two times the amount of economic damages plus the amount equal to non-economic damages not to exceed $750,000 or $200,000, whichever is greater.
It is easier to understand where there are caps, than to understand why there are caps. To find out more about why these limits exist, visit our resource page about damage caps and tort reform.
Pain and suffering refer to the non-economic damages that are part of a personal injury case. Want to find out more information on these “general claims” and what that means for a personal injury case? Visit our page about “pain and suffering” in a personal injury case.
In Texas, hospitals are required to file a lien for repayment of any monies spent on someone that was involved in a car crash or other accident. Find out more inside our blog: All about hospital liens.
A contingent (or contingency) fee agreement means the client / plaintiff only pays their personal injury lawyer a fee if the attorney recovers a financial settlement for the client.
The contingency fee arrangement is an important part of how personal injury lawyers can help clients. Other types of lawyers charge hourly fees that many potential clients could not afford.
Personal injury lawyers do not require clients to be able to pay fees out of pocket. In the contingency fee structure, the client and lawyer agree beforehand on a percentage of the settlement that will be paid as fee to the lawyer.
The McMinn Law Firm takes personal injury and accident cases on a contingency basis. Our compensation is based on a percentage of the settlement and award amount you receive if you do receive one. We don’t get paid unless you receive a settlement; this means you won’t have out-of-pocket fees to McMinn Law Firm.
You can start today by contacting us for a free case evaluation at 512-474-0222.
When you’re unable to work because of your personal injury, you may be faced with difficult decisions related to how you will pay for groceries, mortgages, utility bills, and/or other household bills.
Your personal injury lawyer can seek compensation for you for wages lost as a result of the limitations imposed by treatment and recovery periods needed as a result of your injury. Usually those efforts take the form of a claim for lost wages. Here are some of the options:
- You can make a claim with your health insurance or auto insurance for lost wages
- You can make a claim for Workers’ Compensation if your injury was at work and your employer has a policy.
- Your personal injury attorney may seek compensation from the negligent employer’s insurance.
- Or your lawyer may work a case against the third party who caused the injury.
If you have been involved in a drunk driving case, you are not alone. As many as 2 of 3 people will be involved in a crash involving a drunk driver. There are potentially devastating effects of all drunk driving crashes, especially truck driving crashes. If you or a loved one was involved in a drunk driving crash you may be looking to seek compensation for injuries, loss of work, or reparation fees for the pain or trauma involved. Make sure that you have a competent, aggressive and experienced lawyer from McMinn Law Firm on your side.
Insurance companies of drunk drivers who have been involved in an accident often try to cheat the injured person out of the compensation they truly deserve. They do this by attempting to limit the person’s recovery to smallest amount and coming to a quick settlement with the victim. Thus, allowing the insurance company to steer clear of any future medical expenses, future pain and suffering, and potentially punitive damages.
If you’ve been the victim of a DWI accident you need an experienced Austin car accident lawyer. Contact the McMinn Law Firm today to schedule your free consultation. Find out more now by reading our fact sheet on crashes involving an intoxicated driver.
In Texas, if you are hurt in a car accident in which the at-fault driver is uninsured, the uninsured, at-fault driver will be ticketed or taken to jail. If your insurance covers accidents involving an uninsured driver, you can make a claim for loss and damage.
How much you are able to recover depends on many factors. It’s a good idea to take advantage of a free case evaluation offered by personal injury attorneys, Jason and Justin McMinn. An experienced lawyer could help you navigate the many procedural aspects of recovering an appropriate settlement from your insurance company after a devastating accident with an uninsured driver.
More about these accident cases on our uninsured drivers practice areas page.
The causes and kinds of personal injury / accident cases increase in diversity every day. Whether at the hands of a driver who’s texting or a distracted doctor who’s prescribing incorrect medication, victims can be left dealing with the damage from the negligence of others.
Premises Liability: Slip and Fall
These are just some of the common personal injury claims that we’ve helped clients with. View a Complete List of Practice Areas.
Please contact us by phone at 512-474-0222, by live chat on the website, or use the free case evaluation form to get started with the process of pursuing the compensation you deserve.
One of the initial things that a person should do after he or she is injured is record everything that he or she can about his or her accident and its impact on his/her daily life. It could be tempting to rely on memory but actual written notes usually prove very critical to receiving financial compensation for losses suffered as a result of an injury.
See our Checklist to ensure you don’t leave out any important information when documenting your personal injury.You may need to keep a record of documents such as Police Reports, Medical Bills, Pictures and Video from the Crash, and a Journal of the Crash.
First, bringing any and all relevant documentation will help us give you an accurate assessment of your situation. For example, if you were involved in a car accident and are coming in for a personal injury consultation, bring any paperwork from the mechanic, medical treatment documentation, a copy of the police report and any witness information.
Constructing a timetable of the events in question prior to your consultation will provide a sound, clear starting place for the McMinn attorneys. Prepare yourself to be thorough and honest; we need all the facts to help you as completely and effectively as possible. We recommend documenting your personal injury as early as possible, including at the site of the crash if possible.
Even if you choose not to hire McMinn Law after this consultation, everything discussed still falls under attorney/client privilege, keeping your sensitive information confidential.
Finally, prepare a list of questions and be ready to ask them. This is, after all, meant to give you answers and clear the way for your legal plan of action. Visit our guide to how a case works if you want more information.
First assess for injuries. Seek medical attention immediately if necessary. Next speak with a lawyer and call the police to have an official report of your boating accident. Find out more about boating accidents and personal injury lawyers on McMinnlaw.com.
Jason McMinn and Justin McMinn have experience working with clients who suffered injuries on Lake Travis, Lake Austin, Lake LBJ, Lake Buchanan, and Inks Lake.
Get an experienced personal injury on your side to help with boating accident injury claims and to ensure you receive the maximum settlement possible.
When you experience a serious accident that results in injury, deciding whether to engage a personal injury attorney on your behalf can seem difficult but in reality is simpler. Since there are no out-of-pocket costs, allowing a personal injury attorney from McMinn Law Firm to help with your case is a simple choice.
Hiring the services of the McMinn Law Firm, for your personal injury case, will provide you your family with the opportunity to concentrate on the physical and emotional recovery from your injuries while assuring that your case is handled forcefully and adequately. Justin and Jason McMinn are qualified personal injury lawyers who will counsel you in determining whether a settlement or a trial would be the best strategy to employ for the your unique case. During the legal process, our Austin lawyers stand up for your rights, delving into all the possible causes of your injury and helping to bring the guilty party to justice.We encourage you to schedule a free initial consultation with our Austin personal injury attorneys so we can review your case and show you how our team can help you get the justice you deserve.
After an accident, the first thing you may want to do is just go home and relax. However, because of the nature of many personal injury accidents, it is important to seek medical care as soon as possible. Read our info sheet on how injuries can be difficult to identify with a naked eye. Know common injuries caused by car accidents, how to decide if you should seek attention from a medical professional, and how to get the most out of your treatment. Find out more here.
Our #1 tip? If you believe you may need medical attention, don’t delay! Consult with a doctor if you have worries.
You’ve finally completed the long, complex legal processes involved in a lawsuit. A settlement was reached, either through negotiation, mediation, or trial. Everything is back to normal, right? Wrong. Unfortunately, you are likely to still have lingering medical, financial, and personal issues to take care. So, after settlement, what’s next? You’ll need to do the following:
- Get Treatment
- Pay Your Medical Bills
- Check Your Bank Account Balances
- Make Time For Yourself
For more information on what comes after a settlement, please read a full explanation about what happens after you receive a settlement.