A personal injury consists of different injuries or accidents that occur to an individual due to the negligence of another. Individuals affected may suffer financial, emotional, physical, or mental injuries. In compliance with the Texas Civil Practice and Remedies Code, a personal injury in Lubbock, Texas, is a civil case. In addition, personal injuries are different from bodily or standard injuries. One significant difference is that personal injuries focus on the overall impact of the accident on the victim. Meanwhile, bodily injuries are more concerned about the physical effects on the victim.
Under Texas law, an injury only qualifies as a personal injury when the negligence of the other party is established. In Lubbock, the victim of a personal injury is called a plaintiff. Meanwhile, the person or entity that caused the accident is the at-fault or defendant. Once the defendant’s negligence is established, a plaintiff may file for compensation before the statute of limitations period expires. The statute of limitations period is two years from the event date.
What is a Personal Injury Claim in Lubbock, Texas?
A personal injury claim is a legal case filed against the defendant for financial compensation. In Lubbock, plaintiffs who file for personal injury claims may choose to settle out of court once both parties reach an agreement. In a situation whereby both parties cannot reach an agreement, a plaintiff may file a lawsuit. A plaintiff must file a lawsuit against the defendant within the two-year statute of limitations period. However, such persons must ensure that the personal injury sustained is:
- An act of negligence from the defendant
- An intentional act from the defendant
- An act of negligence caused indirectly by the defendant.
Furthermore, a plaintiff who wishes to file a personal injury claim in Lubbock must provide the following:
- Evidence of damage or injury
- Evidence that the accident was a result of the defendant’s negligence
- Evidence that the accident was preventable
- Evidence that the plaintiff could do nothing to prevent the accident despite their awareness or adherence to safety measures.
How to Find a Personal Injury Lawyer in Lubbock, Texas?
A plaintiff can find a personal injury lawyer in Lubbock, Texas through an online search. The Lubbock Area Bar Association provides access to lawyers within the area. However, due to a large number of lawyers, plaintiffs must ensure the lawyer has adequate experience in handling personal injury cases. Some of the tips plaintiffs need to find personal injury lawyers in Lubbock include:
- Recommendation and Review: The best way to find a personal injury attorney is through referrals or reviews from friends and family. It may also include colleagues or lawyers the plaintiff has worked with in the past. Such recommendations will assist a plaintiff in deciding the right personal attorney.
- Expertise: Another tip to discover a personal injury attorney in Lubbock is through their expertise. For instance, is the lawyer familiar with the type of injury? How many cases were handled and won?
- Accreditation: A plaintiff must confirm that the personal injury attorney is accredited by the relevant boards in Lubbock, Texas. The Lubbock Area Bar Association is one place to seek lawyers.
- Terms and Services: To find a personal injury lawyer, a plaintiff must understand their process. Some of the questions to discuss should include what the services cover.
- Payment Methods: Sometimes, personal injury attorneys in Lubbock may work on a “No win, No fee” basis. Such agreements ensure the attorney is entitled to percentages of the final settlement. In some cases, a personal injury lawyer may require upfront payments.
What does a Personal Injury Lawyer do in Lubbock, Texas?
In Lubbock, a personal injury lawyer provides legal services for victims of personal injuries. They are responsible for providing different services that range from submission of appropriate files to negotiation on behalf of the victim. Also, a personal injury attorney may provide the following services depending on the type of case:
- Investigate: One of the things a personal injury lawyer does is investigate the case. Typically, they seek a new piece of evidence that may be omitted in the victim’s narration of the accident. For example, an eyewitness to solidify a plaintiff’s account.
- Advice: The quality of advice expert personal injury attorneys give their clients is a common but obvious technique used to win cases. For instance, this may include the best approach to handle the case or how the plaintiff narrates the event. All these would ensure there are no loopholes to use against the plaintiff’s case.
- Hire Experts: Depending on the severity of the case, a personal injury attorney may require extra help. Often than not, they may require assistance from experts in different fields.
- Negotiate: A vital part of every personal injury case is negotiating the plaintiff’s claim. For instance, if a defendant’s fault is established and is covered by insurance, they may prefer to settle outside of court. An expert attorney can use the situation to negotiate a great deal for the plaintiff.
Do I Need a Personal Injury Lawyer?
Hiring a personal injury lawyer depends on the type of case. For instance, a plaintiff may not require the service of a lawyer if the injury is minimal and the at-fault is willing to compensate them duly. Nevertheless, a plaintiff may hire a personal injury lawyers in a situation whereby the damages sustained are massive. Below are some of the types of personal injuries that may require the service of a lawyer:
- Car Accidents: Car accidents are common personal injuries in Lubbock, Texas. A plaintiff may require the service of a personal injury lawyer depending on the severity of the accident. For example, car accidents cause high medical bills, loss of wages, emotional damages, rehabilitation expenses, and funeral expenses. The victim may hire a personal injury attorney to represent them in court and evaluate the worth of their settlement.
- Truck Accidents: In Lubbock, truck accidents are frequent due to check-up negligence or mechanical failures in some parts. Also, the fault may be from the manufacturer. Often than not, the size of a truck causes serious injuries to the victims. A victim may hire a personal injury attorney due to the complex injury laws in Texas.
- Motorcycle Accidents: Motorcycle accidents happen on the road because of another person’s negligence. A personal injury attorney is responsible for examining the best options to win the case. In addition, hiring a personal lawyer ensures a professional handles the entire process.
- Slip and Fall Accidents: Slip and Fall accidents are injuries that result in serious damages due to someone else’s negligence. Typically, this type of injury occurs on someone else’s property. A plaintiff may hire a personal lawyer to represent them in court or negotiation.
- Brain Injuries: Plaintiffs with brain injuries may have permanent brain damage, paralysis, or other severe damages. In most situations, victims of such accidents cannot represent themselves. Therefore, the attorney may be responsible for handling the entire case process.
- Spinal Cord Injuries: Spinal cord injuries are accidents that occur due to car accidents or falls. The severe impact on victims’ quality of life may require them to hire an attorney.
- Wrongful Death: A wrongful death is a type of accident that involves car accidents, medical malpractices, defective products, and more. These accidents usually result in the death of the victim. In this form of injury, the defendant owes the victim a duty of care.
- Pedestrian Accidents: Pedestrian accidents are another form of injury caused by trucks or cars. Most times, a plaintiff may hire a personal injury lawyer due to damages and difficulty in proving such cases. The attorney must prove the defendant’s negligence beyond doubt and ensure rightful compensation.
- Bicycle Accidents: Like other road injuries, bicycle accidents are caused by cars or trucks. A plaintiff may require the service of an injury lawyer due to the harsh injury laws.
How Much to Ask for in a Personal Injury Settlement in Lubbock, Texas?
The value of a personal injury settlement in Lubbock depends on several factors such as economic damages, emotional damages, and punitive damages. For instance, a breakdown of economic damage may include loss of income or wages, loss of property, and medical expenses. On the other hand, emotional damage may consist of physical suffering, emotional suffering, quality of life decline, and permanent disability. There is no one-sized amount for all personal injury cases. Therefore, a plaintiff may require the service of a personal injury lawyer to evaluate their injury or accidents. Typically, the process of calculating a personal injury settlement involves adding up the quantifiable losses and multiplying them by the severity of the injury sustained. The severity of the injury is often scaled from 1.5 to 5.
How Long does a Personal Injury Lawsuit Take?
The duration of a personal injury lawsuit may take up to a year. In some cases, personal injury lawsuits take less than six months to complete. Meanwhile, a personal injury case may exceed one year depending on the type of case. Some factors that influence the duration of a personal injury lawsuit include:
- The type of case
- The number of parties involved
- The value of the claim.