Accidents happen every day across Texas. When they are serious, the resulting injuries can be life-changing. In the worst of cases, these accidents devastate the lives of victims and their families. Victims are often left in extreme pain, with expensive medical bills, unable to return to work or their normal activities. Sometimes, family members are left grieving after they have lost a loved one.
If someone else’s negligent actions caused you to suffer injuries in an accident, you need to learn about your legal rights. You may be able to demand compensation for your medical expenses, lost wages, and the pain and suffering you have endured.
Although it is your right to claim this compensation, the process is not easy. You need the dedicated Texas personal injury attorneys at the Law Offices of Michael J. Gopin, PLLC, in your corner. With more than three decades of experience, we have the skills and the resources to take on even the toughest personal injury cases. Contact us today to find out how we can help you. The consultation is free.
What Do You Have to Prove in a Personal Injury Claim?
If someone else was at fault for an accident that caused you to suffer an injury, there are four elements that you must prove as part of a personal injury claim for compensation:
- First, you must prove that the other person/entity owed you a duty of care. Sometimes, this is very easy to prove. In a car accident, for example, it’s easy to prove another motorist owed you a duty of care because all drivers must act in a reasonable manner that keeps others safe. In other types of cases, however, such as premises liability cases, this can be a difficult element to prove. This is because property owners do not owe everyone a duty of care. Property owners do not, for example, have a duty of care to trespassers.
- Second, you must show that the defendant failed to provide that duty of care. This is known as negligence, or acting carelessly or recklessly. This is typically a difficult element of proof and one in which the assistance of an El Paso personal injury attorney can be extremely helpful.
- Third, you must prove that the defendant’s negligence caused your injuries. Even if there were other factors that contributed to the accident, the defendant’s negligence must have been a factor that caused your injuries.
- Lastly, you must also prove that you suffered actual damages. If you did not incur damages, or losses, there is nothing to compensate for and, therefore, there is no claim.
How Our Texas Personal Injury Attorneys Can Help with Your Case
There are many ways a personal injury attorney from the Law Offices of Michael J. Gopin, PLLC, can help with your case. Some of the most important include:
- Knowledge of the law: This is perhaps the greatest value our attorneys will add to your case. Our attorneys have vast knowledge about the law and how it applies to your case. We can explain this in very clear terms and advise you of your legal options for seeking full compensation.
- Gather records: After suffering an injury, you need to focus on your treatment and recovery. Although you will need certain documents such as medical records, you are likely not in a position to collect them. Our attorney will understand which records are most important to your case and obtain them to substantiate your claim.
- Investigate: Our attorneys also have the necessary resources to investigate your case. We will visit the accident scene to collect physical evidence, ask businesses for video surveillance to serve as digital evidence, collect statements from eyewitnesses, and reach out to our own expert witnesses.
- Evaluate your claim: Often, accident victims are not aware of the full extent of the damages they deserve. Our lawyers will accurately evaluate your claim so you are demanding the full amount of compensation you deserve and are not surprised later with expenses you must pay out of pocket.
- Negotiation: Because most people don’t do this every day, accident victims also don’t know how to effectively negotiate for a fair settlement. Our attorneys, on the other hand, do negotiate with insurance companies and at-fault parties on a daily basis. We will use this experience to help your case and aggressively negotiate for the full settlement you deserve.
- Litigation: When the other side is not willing to negotiate a fair settlement, the case will go to litigation, which is a trial heard by a judge and jury. Here again, the experience of our trial attorneys is invaluable, as we also know how to effectively argue your case and refute the statements of the defendants.
Unfortunately, there are many people working against you during a personal injury claim. However, our personal injury attorney is always on your side and will act tirelessly as your advocate throughout the entire process.
Common Types of Personal Injury Cases We Handle
Accidents can happen in a number of different ways. Some of the most common types of personal injury cases we handle include:
If you or a loved one has been hurt in any accident that was not your fault, you should speak to a Texas personal injury attorney as soon as possible. Contact our law office today to set up a free consultation.