If you’ve been hurt because of someone else’s negligence, you need to get a lawyer quickly to ensure you get the compensation you deserve and that all your rights are protected along the way. A personal injury lawyer in Katy, TX will be able to give you more details about your specific case.
What Should I Do If I’m Injured Due to Someone Else’s Negligence?
1. Seek Immediate Medical Attention
Even if the injury seems minor, a medical professional should evaluate it. Some injuries may not be immediately clear but could get worse over time if left untreated.
A thorough medical examination will also document the extent of your injuries, which you’ll need if you end up with a legal claim. Bear in mind, too, that insurance companies (and often the courts) often view delays in seeking medical care as an indication that the injury is not as serious as you may have claimed. Visiting a doctor immediately after the incident can prevent any challenges in proving the severity and cause of your injuries as well as ensure you get the treatment you need.
2. Report the Incident to the Authorities
Depending on the situation, this could involve calling the police, notifying a workplace supervisor, or filing a report with a property manager. These reports usually have details about the date, time, location, and circumstances surrounding the incident as well as some initial observations about the extent of your injuries, fault, etc.
In motor vehicle accidents in Texas, you are required to report the incident to law enforcement if there are injuries, fatalities, or significant property damage. The police report will document the scene and may include witness statements, too, which can support your claim.
3. Gather and Preserve Evidence
Evidence can take many forms: you might take photographs or have video footage, for example. Witness statements are also key. If possible, document the scene of the incident as soon as possible after the accident. Your photographs should capture the location from many angles, any hazardous conditions that contributed to the accident, and all visible injuries. If there were witnesses, try to obtain their contact information and ask them to provide a statement about what they observed.
It should go without saying that, if you are badly injured, you should not delay getting emergency care just to take some pictures. If possible, ask a coworker, passenger, or friend to gather this evidence for you if you are not able to. If that’s not possible, don’t worry. Connect with your Katy, TX personal injury lawyer quickly and your lawyer will be able to get to work gathering evidence, as well.
Preserve any physical evidence, too, like damaged personal property, such as a car in the case of an auto accident, or clothing worn during the incident that shows signs of the injury. Keep this evidence in a safe place so you’ll have it later if you need it for negotiations or in court. Finally, keep a journal detailing your injuries, pain day-to-day, and the impact the injury has had on your daily life.
4. Consult with a Katy, TX Personal Injury Lawyer
Once you have taken care of immediate concerns, such as medical treatment and reporting the incident, connect with a lawyer as soon as possible. These cases can get very complex, and trying to bring a claim while you’re also trying to heal is more than most laypersons can handle.
A lawyer will get to work gathering evidence and presenting it on your behalf, negotiating with insurance companies or employers, making sure everything is filed correctly with the courts, and will also make sure that you properly value your claim so you don’t miss out on compensation that you deserve.
5. Prove Liability and Negligence
Establishing liability is at the heart of any personal injury claim: you have to prove that the other party was negligent. Negligence occurs when someone has a duty to another person, fails to exercise reasonable care in that duty, and this brings harm to another person. To prove negligence, you must establish four key elements: duty, breach, causation, and damages.
First, you must show that the other party owed you a duty of care, and the extent of this will vary depending on the circumstances. For instance, drivers owe a duty of care to others on the road, which means they must obey all traffic laws, avoid driving impaired, etc. Employers owe a duty to provide a safe workplace. Property owners owe a duty to maintain safe premises that varies with the type of person on their property. For example, property owners have virtually no duty of care to trespassers, a great duty of care to clients or customers invited to a public place of business, and a duty somewhere in between for guests to a private home.
Next, you must prove that this duty was breached, which means the responsible party failed to act as a reasonable person would have under similar circumstances. Causation is the third element, where you demonstrate that the breach of duty directly caused your injury. Finally, you must show that you suffered damages as a result. You will use your damages to calculate the worth of your claim.
6. Calculate the Value of Your Claim
Determining the value of your personal injury claim requires you to evaluate quite a number of factors and can require experience to do properly. Fortunately, your lawyer will have lots of experience in this area. The types of damages you can recover in Texas include economic damages, such as for medical expenses, lost wages, and property damage, as well as non-economic damages, like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, you may also be entitled to punitive damages, which are intended to punish the defendant for particularly bad conduct and deter similar behavior in the future.
Your lawyer will help you assess the full extent of your damages so that you are seeking adequate compensation and know what kind of settlement you can accept. Insurance companies often attempt to settle claims for less than they are worth, so having an experienced attorney to advocate on your behalf can make a big difference when it comes to getting what you are entitled to.
7. Let Your Lawyer Deal With the Insurance Companies
Dealing with insurance companies can be one of the most challenging aspects of this process. Insurance adjusters may contact you soon after the incident asking for statements or offering a settlement. It’s important to be cautious when speaking with insurance representatives. Often, their primary goal is to get you to say something which they can use against you to minimize their own payout. Texas has a modified comparative negligence rule, and this means that the amount of compensation you are due can be reduced by the same percent as your fault in the accident.
If the insurance company can get you to say something that allows them to put some of the blame on you, they have to pay less. Your lawyer will protect you from the insurance company, so once you have a lawyer, refer the insurance company to your lawyer whenever they call. If you need to meet with them to make a formal statement, talk with your attorney about it first and have your attorney go with you.
If you’ve been injured by the negligence of another person or entity, don’t try to fight this battle by yourself. Contact the Law Office of Shane McClelland in Katy, TX, Sugar Land, TX and serving Rosenberg and all of Fort Bend County. Get experience on your side.