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When negligent parties hurt victims in Abilene, victims can respond by filing personal injury lawsuits for compensatory damages.
To start preparing your personal injury case, our attorneys will review the accident with you in detail. We may then interview eyewitnesses and start tracking your various economic and non-economic damages from the accident. During this time, you should keep getting treatment for any injuries sustained in the accident. We can source expert statements if they will help your case and explain how to approach settlement negotiations. You will need time to prepare your case, and you only have two years to file it in Texas. Because of that, you should initiate this process as soon as possible following an injury due to negligence.
You can get a free case review from our Abilene personal injury lawyers by calling The Queenan Law Firm, P.C. at (817) 476-1797.
Preparing Your Personal Injury Claim in Abilene
Proper preparation is crucial for successful personal injury cases. Our attorneys can help prepare your case by reviewing the accident, interviewing eyewitnesses, tracking your damages, considering comparative negligence, and sourcing expert witness statements. Victims can help prepare their claims by getting continuous care for their injuries.
Reviewing the Accident
We can start by reviewing the accident with you to gain a foundational understanding of the event. Try to recount what happened with as many details as possible. For example, if a negligent driver hit you, were they speeding? Or, if you slipped because of a spill in a restaurant, was there signage indicating the hazard?
We may also ask if you reported the accident. For example, if you reported the accident by calling 911, we can get the police report and examine it for additional information.
We will also clarify general information about the accident, such as its exact location, date, and time. If you took pictures of your injuries or property damage at the scene, give them to our lawyers for review.
Interviewing Eyewitnesses
When preparing your personal injury claim, our attorneys may interview eyewitnesses. Prioritizing this is important, as eyewitnesses might forget what happened over time. When the event is freshest in their minds, we can talk to eyewitnesses and record their statements to use as evidence in your claim.
Tracking Your Damages
Victims should start tracking their damages right after sustaining personal injuries in Abilene. For example, if a negligent driver hits your car and injures you, you might incur immediate losses from property damage and emergency room bills. Any financial losses related to the accident, including your damages from lost wages, will be compensable in your lawsuit.
You can also keep track of your pain and suffering by noticing how your emotional well-being or overall quality of life has gone down since the accident.
Building Out Your Medical Records
Also, focus on building out your medical records so that there is no room for the defendant to question your injuries or their cause. In addition to getting fast medical treatment after an accident, victims should continue seeking further care from specialists as necessary. For example, if you sustained a traumatic brain injury due to negligence, you might need to see a neurologist for additional treatment.
If you stop getting care for any period of time, that could hurt your case. Victims should carefully follow their treatment plans so that they do not jeopardize their recoveries.
Considering Comparative Negligence
Under Tex. Civ. Prac. & Rem. Code § 33.001, plaintiffs cannot recover damages if they are more than 50% at fault for an accident. Furthermore, if a victim is partially liable, the jury can lower damages proportionally to their percentage of fault. When preparing your claim, our personal injury lawyers can review the evidence to assess the likelihood that the defendant will employ a comparative fault defense to lower their liability. If so, our lawyers can prepare arguments in anticipation of this, with evidence to show you did not contribute to the incident in question.
Sourcing Expert Witness Statements
We may also source expert witnesses to lend their experience to your claim. For example, if you sustained permanent injuries in a slip and fall accident in Abilene, a medical expert could testify explaining why your injuries will not heal and how they could limit you in the future. This could help illuminate your pain and suffering and other damages, increasing your compensation for non-economic losses due to negligence.
Anticipating Settlement Negotiations
When preparing your case, we can assess evidence in support of your recovery to gauge the success of future settlement negotiations. Settling does not mean that you concede your case, and victims can often recover substantial compensation by settling out of court. However, it is important to approach settlement negotiations carefully. We can explain why initial settlement offers are often low and how we might leverage evidence during discussions to support counteroffers for larger settlements.
How Long Will You Have to Prepare Your Personal Injury Case in Abilene?
You should start preparing your personal injury claim immediately in Abilene. There is a filing deadline for these types of claims, and victims will not recover compensation if they miss it.
Under Tex. Civ. Prac. & Rem. Code § 16.003, the deadline to file personal injury lawsuits in Texas is two years, generally speaking. The statute of limitations is tolled in cases of delayed discovery and when victims are minors. Do not automatically assume that tolling applies to your case. Instead, assume the accrual date is the accident date and proceed accordingly. Though you have two years to file your claim, you should not intentionally wait that long to sue for injuries due to negligence in Abilene.
Call Our Abilene Lawyers to Talk About Your Case Today
The Queenan Law Firm, P.C. can assess your case for free when you call our personal injury lawyers at (817) 476-1797.