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When another person is responsible for your harm, filing a lawsuit against them is the best way to get the compensation you deserve. Our lawyers can help by preparing your case and ensuring your damages are calculated accurately.
Our team will begin by gathering evidence of the defendant’s liability, showing that they owed you a duty of care and violated that duty with their negligence. Other drivers, healthcare professionals, and property owners can and should be held accountable when they act negligently. We will also prepare for counterarguments accusing you of negligence. You can lose some of the compensation you need if the defendant provides evidence of your fault. Our team is familiar with these tactics and knows how to fight them.
For a free case evaluation right now with our experienced personal injury attorneys, contact The Queenan Law Firm, P.C. at (817) 476-1797.
Holding Defendants Liable for Personal Injuries in Bedford, TX
To win a personal injury lawsuit in Bedford, you must show that the defendant was at fault for the accident. However, establishing legal “negligence” means more than arguing someone made a mistake. The person who injured you must have owed you a legal duty to be responsible for the harm they caused you. Some legal duties are based on the relationship between the victim and the defendant, while others are situational. Our personal injury attorneys can assess whether the person who injured you owed you a duty of care and get compensation for violating it. In many cases, it will be fairly clear whether a duty exists.
For instance, drivers in Bedford have a duty to act reasonably as other drivers would, given the circumstances. If the driver who injured you acted in a way that reasonable drivers do not, they violated their duty of care. Traffic violations, like running red lights and speeding, can also be used as evidence of negligence per se, meaning that the negligence is evident in the act.
Property owners have similar duties to keep their premises safe. If a business, like a store or restaurant, fails to keep the location free of hazards or does not warn its guests, it can be held liable.
While we try to hold the defendant liable, their attorneys will look for evidence of your negligence. Texas is a “proportionate responsibly” state, meaning each party is held only to its share of fault under Tex. Civ. Prac. & Rem. Code § 33.001. If the defendant can convince the court you are partially responsible for your damages, you could lose all of it if your share of the fault is greater than 50%. Fortunately, you can still recover compensation if you are found to be 50% or less of the cause of your injuries.
Filing a Lawsuit Before Time Runs Out in Bedford, TX
An important question to answer when starting your claim is how much time you have to file it. If you took some time to consider a lawsuit before initiating your claim, you will want to start quickly since the statute of limitations on personal injury lawsuits is two years under § 16.003. Civil courts will not entertain cases filed two years after the accident and will bar victims from recovering compensation. If the deadline already passed in a case, we must find an exception to save the claim.
For instance, children who suffer personal injuries will have the statute of limitations “tolled” until their 18th birthday. Once the victim turns 18, the clock starts running again, and they have until their 20th birthday to file a lawsuit, according to § 16.001(a)(1).
Victims with an “unsound mind” at the time of the injury will also have the time tolled. This term simply refers to physical or mental disabilities that prevent victims from understanding their rights to compensation in a lawsuit. The limitations period runs again once the disability no longer prevents them from filing, giving them two years from that date, as per § 16.001(a)(2).
Assessing the Value of Your Personal Injury Lawsuit in Bedford, TX
To know how much your case is worth, we must assess several categories of damages. You will have medical bills but might need future care for serious injuries, as well as claiming lost wages. Your non-economic damages, or “pain and suffering,” must also be gauged so you are compensated for the long-term effects of the accident.
Medical Bills and Future Treatment
Much of your claim’s value will be derived from your medical expenses. However, you should be compensated for current bills and future treatment your doctors believe you will need. For instance, you might need surgery down the line but must wait for your injuries to heal to a certain point before then. You might also need regular physical therapy sessions until you are back to full strength.
Lost Earnings
Lost wages should also be included in your compensation. This includes your daily wages but should also account for other losses you might have had at work, like lost promotions or raises. If your injuries are serious enough to impact your job in the future, we can work with experts to accurately assess your lost future earning potential.
Non-Economic Damages
Pain and suffering damages do not lend themselves to easy calculation but should be accounted for in any personal injury claim. If your injuries resulted in lingering physical pain, emotional distress, depression, or other psychological impacts, you should be compensated for it. Our team can evaluate these damages by discussing what your life has been like since the accident and how it has affected the activities you normally take part in.
Punitive Damages
Punitive or “exemplary” damages are only awarded in cases where the injuries are caused by gross negligence, fraud, or malice, according to § 41.003. For instance, if a drunk driver hits you, we will pursue these damages in addition to the ones above.
Contact Our Personal Injury Attorneys in Bedford, TX Today to Get Justice for Your Injuries
Call The Queenan Law Firm, P.C. at (817) 476-1797 for a free case review with our personal injury lawyers.