Liability Checklist: Del Rio's Guide to Personal Injury Cases
If you’ve been in an auto accident in Del Rio and have suffered significant injuries, you know firsthand how traumatic and stressful the situation can become. From a simple fender bender to a serious accident involving multiple vehicles, if you’ve been hurt you are likely unsure of where to turn or what steps to take. All you know is you have medical bills piling up and perhaps you’ve missed work, which affects your financial stability. Who will pay for these expenses and the impact to your ability to provide for your family?
Before you’re able to determine who will compensate you, liability on the part of the responsible individual or individuals in Del Rio must be determined. This can leave you with a sense of confusion or uncertainty, especially if you’re trying to work directly with the insurance company. While the insurance representative may appear to care, ultimately his or her primary concern is the company’s own interests. This is why you need an experienced lawyer working for you.
The Del Rio personal injury attorneys of Carabin Shaw believe you should have a clear understanding of how liability is determined and that you should have a strong voice in your corner protecting your rights. First and foremost, read over our liability checklist: Del Rio’s guide personal injury case below, which outlines helpful information in determining the potential of your personal injury lawsuit.
Liability checklist: Del Rio’s Guide Personal injury Case- Personal injury laws outline some very specific criteria in resolving the question of liability, and there are some basic concepts that can bring clarity to Texas liability law. Familiarizing yourself with these foundational laws is important when deciding who is at fault in any accident.
- The first thing to keep in mind when analyzing the potential of a personal injury case in Del Rio is that the state of Texas is a comparative negligence state. What this means is that each person’s ability to recover damages depends on their contribution to the accident. If, for example, a person is determined to be 25% liable for an accident, then the amount they recover is reduced by that amount. The injured party is able to receive compensation as long as their contribution to the accident does not exceed 50%. This can be confusing to understand and it’s important to seek the advice of an experienced attorney for further clarification.
- Next, it’s important to understand the types of damages that can be recovered. There are clear economic damages like the cost to repair your vehicle, lost wages, medical expenses, and any additional services you might not otherwise require had you not been hurt. Then there are intangible or non-economic damages. This includes placing a value on things like the mental and emotional trauma you experienced or the negative impact your injury may have on your ability to engage in a relationship. These are also called punitive damages and are limited by a complex process.
- Once these damages are proven, they are limited to the greater of three amounts: $200,000, two times the amount of your economic damages plus $750,000, or two times the amount of economic damages you incurred plus the amount of non-economic damages granted to you. There are also state limits that affect your compensation if the party at fault was working for a state or county government.
- Finally, you should be aware that time is not on your side . There is a time limit known as the statute of limitations that require any legal action be taken before two years from the date of the accident passes. A knowledgeable Carabin Shaw attorney can help you decipher and work through these aspects of your potential personal injury lawsuit.
As you can see in our liability checklist: Del Rio’s guide personal injury case, the legal requirements one must meet to determine liability are a complex matter and should not be undertaken alone. You want the skill and knowledge of a lawyer making sure your rights are protected.
Call the law offices of Carabin Shaw in Del Rio today and let us go to work for you. Your first consultation with one of our injury attorneys is always free and we work strictly on a contingency fee basis, meaning that we will not collect any money from you until we win your case.
If you’ve experienced a Del Rio personal injury, schedule an appointment with one of our attorneys in Del Rio today by calling 800-862-1260.
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