Personal Injury Attorney in Beaumont, TX

Beaumont Personal Injury Attorney 

If you've been injured due to another person's negligence, you have the right to ask for financial compensation for the losses you've endured. But seeking a personal injury claim is no easy task. Offenders and their insurers are backed by armies of attorneys ready to protect their clients. Who's looking out for you?

At Dunk Law Firm, we defend personal injury victims. Where possible, we resolve cases out of court so our clients can get back to their lives. If needed, however, we put together a litigation strategy and take the case to trial. Either way, we stand by our clients from beginning to end so they can focus on recovering.

What Is Personal Injury?

The essence of a personal injury claim is negligence. When another person, company, or even a governmental agency acts irresponsibly, others can get hurt. The injury is typically physical, but it can also be psychological or emotional as well.

"Negligence" is a legal term that indicates failure to exercise an appropriate level of care under the circumstances. Another way of putting it is failing to act as a reasonably sensible individual would. Negligence can be demonstrated through someone's actions (like speeding or driving drunk) or through an omission (such as failing to eliminate a known risk from one's business property).

To win a personal injury case, the victim has to prove that the defendant was negligent. There are four specific elements that are required under Texas legislation:

• Duty of care. The offender must have owed a duty of care to the plaintiff. In some cases a duty arises out of a personal relationship between the individuals, such as physician and patient. However this isn't always required. For example, when you drive on a freeway, you owe a duty to other drivers not to be careless.
• Breach. Next, the plaintiff needs to demonstrate that the defendant breached the duty of care. This is where the offender's negligent acts and/or exclusions are brought out. It also covers situations where the at-fault party breaks a law or engages in deliberate wrongdoing. Breach is typically the most contested part of a personal injury lawsuit.
• Causation. The defendant's breach needs to actually cause injury to the plaintiff. If the offender acted negligently but didn't hurt the plaintiff, this component fails.
• Damages. These are the losses for which the plaintiff will seek financial compensation. A few of the most common damages are medical expenses, lost income, lost earning capacity, as well as pain and suffering. The nature and quantity of damages are hotly disputed in most personal injury cases.

Possible Damages In a Personal Injury Case

The objective of a personal injury lawsuit is to make the plaintiff whole via financial compensation. This compensation is referred to as damages, and some examples are:

• Medical costs. This broad category can consist of everything from hospital bills and prescription drugs to physical therapy and unique adaptive equipment to assist with a victim's daily activities.
• Lost wages. While you recover or are hospitalized for your injuries, you will lose time from work and, with it, possibly considerable amounts of money. You can ask a court to grant you damages to cover this lost income.
• Lost earning capacity. Your career prospects may be cut short or significantly limited after a personal injury. An expert witness can help estimate the future earnings you will lose out on as a result.
• Pain and suffering. These damages account for the pain and psychological stress you will likely experience for some time to come. Although hard to measure, they are vital to catastrophic injury cases.
• Loss of pleasure in everyday life. It might not be possible to enjoy your regular everyday activities, hobbies, and other passions after a bad injury. These damages help compensate you for the loss.
• Loss of consortium. This category refers to the deprivation of the advantages of a family relationship. It includes the loss of support, community, companionship, and sexual relationship between partners brought on by the injury.
• Punitive (exemplary) damages. In rare cases, an at-fault party can be subject to punitive damages. These are intended to penalize the wrongful party and discourage others from participating in similar conduct.

Are There Time Limits to File a Personal Injury Claim?

Your right to file a claim against a negligent party will not last forever. In Texas, personal injury cases are subject to what's called a statute of limitations. This sets a deadline for plaintiffs to submit their claims before they lose the right to do so. For a personal injury, the statute of limitations is two years. In most cases, the clock begins to run when the injury occurs.

However, it's best not to procrastinate taking action on your case. Witnesses' memories can fade over time, proof will be more difficult to obtain, and you could fail to remember critical details if you wait too long. If you or a loved one have been injured, reach out to a dedicated Beaumont personal injury attorney.

How Can the Personal Injury Lawyers of Dunk Law Firm Assist Me?

Suing a defendant almost always means suing an insurance company, like a motor vehicle insurer. Regardless, you can count on the offender's legal representatives pushing back on your claims or making settlement offers that come nowhere near to covering your losses. You want an attorney that not only knows Texas personal injury legislation, but understands how to determine a fair value for your case.

At Dunk Law Firm, we've helped numerous personal injury clients get the compensation they need to recuperate. We will not accept unjust deals and will defend you from beginning to end. Give us a call or complete the contact form today to get started on your claim.

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