Personal Injury Settlement
Austin, Texas (TX)
The
term Personal Injury Settlement, is a term used to describe a monetary
payment or monetary award that can be given to the victim of a personal
injury loss for the release of their legal claim for damages against the
responsible party.
A personal injury case or loss in Austin and elsewhere in Texas is
governed by "tort law" which protects individuals from civil wrongs
committed by another, either intentionally or as a result of their
negligence. A Personal Injury Settlement is usually awarded for an
injury or loss that involves a bodily injury, medical expenses in the
past or future, mental anguish, pain and suffering and lost wages.
A Personal Injury Settlement will usually include compensatory or actual
damages and in some cases will include punitive damages for reckless
conduct. Actual or Compensatory Damages in personal injury settlement
are intended to place a victim in the same position they were in before
the loss occurred. A Personal Injury Settlement will usually include
compensation for medical expenses, disability or deformity, loss of
income, and mental pain and suffering. In some personal injury
settlements, such as Medical Malpractice Cases, non-economic damages
(pain and suffering awards) may be capped at $250,000. In a case of
willful or malicious negligence, punitive damages may be included in
personal injury settlements for the purpose of punishing the perpetrator
and deterring others from similar action.
Personal injury claims can be filed for Negligence, where victims are
injured because the responsible party failed to prevent injury. Personal
Injury Claims can also be filed for Strict Liability if the case
involves a defective product or drug. Personal Injury Claims can also be
filed for Intentional Acts, where the responsible party knowingly causes
injury to another person.
Personal Injury Claims and the Settlements of Personal Injury Claims can
take be based on many different situations. The situations where
personal injury settlements might be possible include: auto accidents,
animal attacks, nursing home abuse, slip and fall injuries, car
accidents, work related injuries, toxic material injuries, dog bite
injuries, drug injuries, medical malpractice and wrongful death cases.
In order to receive a personal injury settlement, two things must be
proven.
1) It must be shown that the defendant did, in fact, bear a legal
responsibility for the injury.
2) Damages must be proven. A qualified personal injury attorney
increasing your ability to receive a fair personal injury settlement.
Many Personal Injury Settlements are negotiated out of the court system
and often involve discussions of the underlying case to the responsible
party, his or her insurance company or their representative. In most
personal injury settlement discussions the defendant or the insurance
company will attempt to offer to pay the lowest possible compensation
for suffering; thus it is important in such cases to seek the counsel of
a personal injury attorney who can protect and maximize your interests.
An Experienced Personal Injury Attorney can protect the rights and
interests of the injured victims and work to insure that the victims are
properly compensated for their loss. If you believe you or a family
member are entitled to a Personal Injury Settlement for an injury or
loss, it is important to keep in mind that in Austin, Texas you only
have a limited amount of time to pursue the case, in most cases two (2)
years from the date of loss, thus you must act fast. If you have been
injured in Austin, call our Law Firm day or night for more information.
Call us Toll Free at 1-800-862-1260.