Frequently Asked Questions
Common Questions about Personal Injury Claims
If I slip and fall in a store, can I file a personal injury lawsuit against the store owner?
A personal injury lawsuit can be filed when a person’s negligent or reckless conduct causes you to suffer physical or emotional
injuries, such as head and neck injuries and pain and suffering. Many different types of claims fall under the personal injury umbrella, including slip and fall cases that often result in emergency room visits, especially for children and the elderly.
Personal injury lawsuits commonly arise from accidents involving car accidents,
motorcycle accidents,
truck accidents,
premises liability,
slip & fall,
animal & dog bites,
spinal cord injury,
traumatic brain injury,
pedestrian accident,
swimming pool accident,
drowning accident,
birth injury,
burn injury,
child injury,
child abuse,
product injury,
drugs & medical devices,
Accutane,
asbestos,
DePuy hip implant,
catastrophic injury,
workplace injury,
nursing home abuse,
medical malpractice,
wrongful death,
gas explosion,
mesothelioma,
cerebral palsy, and
propane explosions among others..
If a family member files a personal injury lawsuit and dies before the case is resolved, can the case continue on the deceased’s behalf?
If a case is still pending when the personal injury victim dies, then the personal injury lawsuit must be terminated. In other words, the claim doesn’t survive the victim’s death. However, a wrongful death lawsuit can still be filed by the victim’s family, or estate. This is important, because the untimely death of a loved one may leave a family with many expenses and burdens, such as hospital bills and funeral or burial costs, and the victim’s children may be left without a way to support themselves or pay for their education.
I was injured by another driver and now his or her insurance agency wants to settle with me without going to court. Should I settle or contact a lawyer?
Insurance companies are profit driven. They want to collect premiums. They don’t want to pay out claims. This means that insurance companies are motivated to settle claims quickly and for a low-dollar amount that may not fully compensate you for your injuries. To protect your rights and interests, don’t talk to the other party’s insurance company and don’t agree to a settlement until you have first consulted with an experienced
personal injury attorney who can fully evaluate your personal injury claim. Insurance companies are friendly when selling policies and collecting premiums, but after an accident, a personal injury attorney will be your greatest ally. It is crucial that you contact an
Austin personal injury lawyer from our firm for immediate assistance in your claim.
After being seriously injured in a car accident, how much is my case worth?
One of the most common questions asked of a car accident attorney is, “What’s my case worth?” A skilled and professional automobile accident lawyer will thoroughly investigate your case and consult with experts before giving an answer to that question. Generally, the attorney will estimate damages that fall into three categories:
- Compensatory damages: These include the expenses you’ve incurred as the result of your accident, including medical costs, disfigurement, permanent or partial disability, lost wages and car repair or replacement.
- Non-economic damages: These include pain and suffering, mental anguish and possibly, the loss of the care, comfort and companionship of a loved one.
- Punitive damages: These may be awarded to punish especially reckless conduct by the other party and to deter future misconduct, such as in drunk driving cases.
What is the legal process if I decide to sue the driver of the truck that hit me?
There are several stages that a personal injury case can go through, including cases that involve truck accidents. However, the two main stages will be mediation and trial. Mediation occurs when the two opposing parties meet and attempt to negotiate a settlement, with a neutral third party serving as the mediator. Mediation can lead to a timely and cost-effective resolution for the client. However, if the parties cannot reach a settlement in mediation, the case will go to trial. At Zinda & Davis PLLC, our personal injury lawyers believe that it’s important to prepare every case as if it is going to trial. That allows us to be well-prepared to go head-to-head with the insurance companies in mediation, resolving your case before going into the courtroom.
If an accident is partially my fault, will I still be able to recover my medical expenses and for my pain and suffering?
This is a common misunderstanding. Under the ancient common law doctrine of “strict contributory negligence,” you would be barred from recovering even if you were 1 percent at fault. However, Texas no longer follows that doctrine. Instead, Texas has adopted a modified contributory negligence rule. You can recover for your injuries as long as you were less than 51 percent at fault for your accident or injury. However, your recovery will be reduced in proportion to your percentage of fault. Insurance companies often will raise contributory negligence in a personal injury action.
If I was injured by a defective product, what are my rights to file a lawsuit?
Unfortunately, defective products cause more than 25 million injuries and close to 22,000 deaths in the U.S. each year, according to the U.S. Consumer Product Safety Commission. If you or a family member has been seriously injured or killed by a defective product, you may be able to file a product liability lawsuit against anyone in the chain of supply, including the product’s manufacturer, distributor, wholesaler and retailer. You don’t have to prove negligence. Instead, you have to show that the product was defectively designed, manufactured or marketed, and that you suffered injury as the result of this defect.
If I was injured at work and my company does not have workers’ compensation insurance, can I still recover for my injuries?
On-the-job injuries are common in Texas. In fact, the state reported more fatal occupational injuries in 2007 and 2008 than any other state in the country. Under the Texas Labor Code, workers’ compensation benefits are your exclusive remedy if your employer subscribes to the state’s workers’ compensation program. However, if your employer doesn’t carry workers’ compensation insurance, you would be able to bring a personal injury or wrongful death lawsuit. You can also file a lawsuit for a workplace injury when your employer’s conduct amounts to gross negligence or where the injury is caused by a party that is not your employer.
Contact an Austin personal injury lawyer from Zinda & Davis PLLC to get your questions answered about your case.