Personal Injury

Texas personal injury attorney paperwork

Texas Personal Injury Attorney Serving Austin & Fayette County

Each year thousands of Texans are injured in accidents that are caused by the negligent or reckless conduct of others. In addition to lingering pain and suffering, many victims are left with costly medical bills and long lasting physical and emotional harm. By engaging the services of an experienced personal injury attorney, however, it is possible to obtain significant compensation.

I have decades of experience successfully pursuing personal injury claims related to all types of accidents, including:

I leverage my legal knowledge and negotiating skills to help our clients obtain just compensation, regardless of the size of the case.

What is a personal injury lawsuit?

A personal injury lawsuit can be brought when an individual is injured in an accident that was caused by the negligent or reckless conduct of another person or entity. Although most cases are settled outside of court through a negotiation with an insurance company, insurers often seek to settle claims for as little money as possible. If a fair and reasonable agreement cannot be reached, it may be necessary to litigate the matter in court.

Grounds for a Personal Injury Claim

In Texas, all residents have a legal duty to act responsibly and take reasonable measures to ensure their actions do not cause harm to others. In order to have a valid claim, it is necessary to show that (1) the individual who caused the accident breached that duty and (2) actual damages were suffered, such as physical injuries, lost wages, medical expenses, pain and suffering and property damage.

How much is my personal injury case worth?

Because each case is unique, the value of your claim depends on a number of factors, such as the nature of the accident and the severity of your injuries. Nonetheless, it may be possible to recover both economic and noneconomic damages.

Economic damages compensate victims for financial losses such as lost wages, past and future medical expenses, loss of earning capacity and other injury-related losses. Noneconomic damages may also be awarded for pain and suffering, physical impairment, or loss of enjoyment of life. If the at-fault party acted with intent or malice, it may also be possible to recover punitive damages, however, state law caps these damages.

It is also important to note that Texas follows a “modified comparative fault” rule regarding personal injury claims. This means that if you are more than 50 percent at fault for the accident, you are barred from recovering damages. If you are less than 50 percent at fault, however, you can recover damages, but the amount of the recovery would be reduced by your degree of fault. This is also referred to as “proportionate responsibility.” In other words, if an insurance adjuster or the court determines the total damages in your claim are $100,000, but finds that you were 20 percent at fault, the amount that is awarded will be reduced to $80,000.

How long do I have to file a personal injury claim in Texas?

If you are injured in an accident, you must act quickly to file a claim because a statute of limitations applies. Generally, a personal injury lawsuit must be filed within two years of the date of the accident or injury. Additionally, if your claim is against a municipality or state government agency, you must file a Notice of Claim within 180 days of the date of the accident before you can pursue a personal injury claim

Just Compensation for the Injured

I act as your voice and fight to help obtain the compensation you deserve. I believe that no one should suffer because of the negligent or reckless conduct of others. By focusing on every detail of your case and the unique circumstances of the accident, I fight to obtain the maximum settlement.

I am keenly aware that resolving a claim often involves dealing with insurance companies that have an unfair advantage over the injured. Although insurers can rely on teams of attorneys, investigators and claims adjusters, I have the skills and resources necessary for achieving successful outcomes. I will only pursue your injury claim if I believe you have a good chance of prevailing. Finally, each case is handled on a contingency basis, which means that we do not receive any attorney fees unless your claim is successful.

If you or a loved one has been injured in an accident, you may wonder how you will pay for your medical bills or when you will be able to get back to your normal routine. I will stand by you every step of the way on the road to recovery. Please call me 979.968.3783 for a free consultation or complete the contact form on our website.

Phil Baker P.C. represents clients throughout the state of Texas with focus on the following rural counties: Austin, Bastrop, Burleson, Caldwell, Colorado, Fayette, Gonzales, Lavaca, Lee, and Washington Counties

Fighting for the Rights of Texans

Since 1995, I have served the people of Texas with integrity, honor, and commitment. I understand that most of you are not familiar with the legal system and under a lot of stress. I am there to lift that burden and protect your rights. I have battled insurance companies and prosecutors for decades and will continue to fight for justice for many more years to come. Please call me at 512-969-1200 and I will be happy to meet with you and evaluate your case.