Personal injury law is the body of law designed to provide redress for victims of legal wrongs (also known as torts), including injuries arising from another’s negligence, recklessness or intentional misconduct.
When a person has suffered injuries as the result of another’s negligent, reckless, or intentional misconduct, he or she may be entitled to recover monetary damages not only for physical injuries, but for pain and suffering as well. Personal injury lawsuits are designed to provide just compensation for the victims of tortious misconduct and to punish those who flagrantly disregard others’ legal rights.
Personal Injury Lawyers may handle a wide array of personal injury cases including those arising from car accidents, 18-wheeler accidents, unsafe products, premise liability, workplace injuries, birth injuries, and a wide array of other causes.
Although each case must be evaluated on its own merits, and the process may vary from case-to-case, the following is a general guideline to how the process will work after you contact us for a free consultation in connection with your personal injury case:
If you have been injured, you probably have a lot on your mind. First and foremost, you may be frightened and concerned about your medical treatment and whether you will fully recover from your injuries. You may be scared about how you are going to pay your bills if you’re unable to work due to your injuries. You may be concerned about your family’s welfare. Simply stated, we can help. If you have been injured, it is important to seek legal counsel right away. Personal injury litigation can be complex, and important evidence can be lost if it is not preserved. A Personal Injury Attorney will shoulder the burden of dealing with insurance companies, authorities and others whose interests aren’t necessarily the same as yours. You need an advocate. The personal injury attorneys in Dallas, TX at Kastl Law, P.C. take a personal interest in your case; and, after review and consultation, we work with you to determine the best strategy to assist you in your pursuit of justice.
The review process may take weeks or even months to complete. After a thorough evaluation, it is often, though not always, necessary to begin a lawsuit in order to achieve a full and fair monetary recovery. Remember, insurance companies make more money when they don’t pay out claims. When they delay the payment of claims, it’s our job to use litigation as a tool, where appropriate, to shift the scales in your favor and encourage them to pay the damages to which you are entitled. A lawsuit begins when we file a complaint, which summarizes the facts and legal causes of action against the defendants. Once the complaint has been served (delivered to) the defendants, they are provided an opportunity to respond in writing to the averments in the complaint.
Next, the parties to the lawsuit engage in a process called discovery, where they uncover all of the facts underlying the parties’ claims and defenses. It is frequently necessary to hire expert witnesses in order to explain facts that require professional opinions to prove, and your personal injury lawyer will pay these expenses for you in order to help you recover the damages to which you are entitled. Discovery may include answers to written questions, called interrogatories, oral depositions, or as is often the case, both. The discovery phase is integral to the success or failure of your case. We invest substantial resources in terms of both time and money to ensure that we painstakingly uncover any facts relevant to your claim.
Sometimes, the defendants or insurance companies acting on their behalf, will offer a settlement in order to avoid the costs of trial and the potential for a larger damage award at trial. The stronger your case is after the discovery phase, the more likely it is that you will receive a settlement offer. The vast majority of cases do, in fact, settle before trial.
Not all cases settle. Sometimes, it is necessary to bring a case to trial in order to vindicate your rights. We approach every case as if it is going to proceed to trial. If your case proceeds to trial, we will present your case to a judge and jury. If the jury finds in your favor, our personal injury lawyers in Dallas will then help to facilitate the prompt payment of all sums awarded to you by the jury.