Personal Injury Lawyer

When someone else’s negligence or wrongdoing injures you, you may rightly feel that he or she should be punished for it. The law agrees with you. The type and amount of punishment he or she receives, however, depends on whether the state prosecutes him or her criminally, whether you sue him or her civilly for personal injury, or both.

Criminal Prosecution

Virtually all states have criminal statutes covering the following types of willful or negligent acts for which someone can face prosecution:

• Assault and battery
• Driving under the influence of alcohol or drugs
• Leaving the scene of an accident
• Reckless driving

Unfortunately, you have little or no control over whether the state chooses to prosecute the person who caused your injuries. If it does, and convicts the person, he or she faces considerable jail time, a hefty fine, and possibly having to pay you restitution.

Civil Lawsuit

You have the right to sue the person who caused your injuries. This is a civil suit, meaning that even if you win your case, the defendant will not go to jail. Rather, the civil court will award you money damages, the only form of justice civil courts can grant to injured plaintiffs. A substantial jury award can, however, serve to severely punish the defendant, even though that punishment is “only” financial. The punishment becomes greater if the court also awards you punitive damages above and beyond your actual damages.

Criminal Prosecution Plus Civil Lawsuit

It’s possible that the person who caused your injury could become the defendant in both a criminal prosecution and your civil lawsuit. Perhaps the most memorable occasion where this occurred was the “Trial of the Century” of former NFL football star O.J. Simpson back in 1995. The State of California prosecuted O.J. for the murder of his estranged wife, Nicole Brown Simpson, and her friend Ron Goldman.

Led by formidable defense attorney Johnnie Cochran, O.J.’s “dream team” of high-profile lawyers ultimately achieved his acquittal after a highly publicized 11-month televised trial.

Nicole’s and Ron’s families subsequently sued O.J. in civil court for the wrongful deaths of their loved ones. The civil jury found O.J. responsible for the deaths and awarded the victims’ families $33.5 million in compensatory and punitive damages,

Your Legal Representation

As the O.J. case exemplifies, you can sue the person who caused your injuries in civil court even if a jury acquits him or her of having committed a crime. An experienced personal injury lawyer in Sebastian, FL, like from Tuttle Law, can assess the circumstances of your case, determine its potential “worth,” and guide you through the entire process from beginning to end.

Personal Injury Lawyer

There are certain things you should be aware of if you are recovering from a brain injury after an accident. A brain injury is typically not something you can just brush off. While it is possible to get into an accident and have only minor injuries, you should never avoid seeing a doctor. They will be able to take the appropriate tests to determine if you do have a traumatic brain injury and to what extent you have this injury. Once evaluated, you can receive the proper treatment. Going to your doctor is one of the most important things you can do after an accident because it will help ensure you are getting the help you need and it can help bolster your brain injury claim when you wish to pursue legal action. 

What symptoms should you be looking for with a traumatic brain injury? 

When you have suffered from an accident that caused a traumatic brain injury, you want to know what to be on the lookout for. Unfortunately, brain injuries are often called “invisible injuries.” You may not experience any symptoms for hours or days which can give you a false sense of security when it comes to thinking you did not get injured at all. Having a medical professional evaluate you is your best chance to begin recovering quickly. Some of the most common brain injury symptoms are: 

• Headaches
• Dizziness
• Fatigue
• Nausea and vomiting 
• Losing consciousness
• Slurred speech 
• Feeling uncharacteristic mood changes

Can brain injuries only happen from catastrophic accidents? 

In movies, you may see someone suffering from a brain injury after they have been in some kind of catastrophic accident, like a semi-truck accident or a construction site accident. Brain injuries can occur from many different types of accidents, including bicycle accidents, getting injured during sports, or slipping and falling on someone else’s property. 

Can you pursue legal action against the person responsible? 

If someone else is responsible for the accident that caused your brain injury, you should feel comfortable moving forward with a legal suit. When doing this, you may wish to have the help of an attorney like a brain injury lawyer. While every accident is different, you may be looking at pursuing action against a certain party like a:

• Restaurant owner
• A doctor or medical professional if medical malpractice was involved
• A grocery store owner
• The driver who caused the accident 

When you wish to receive compensation, you will want to gather as much evidence as you can to discuss your claim with an attorney. If you are interested in pursuing legal action after an accident left you with a brain injury, reach out to a law firm today for a consultation. 

Personal Injury Lawyer

If you’ve been hurt while on the job, you may have already taken the step of filing an accident report with your employer. Your employer may have, perhaps in a very well-meaning way, advised you that you don’t need to seek legal counsel to file a workers’ compensation claim. Your employer may have suggested that between filing some relatively straightforward paperwork and answering a few questions that you’ll be able to receive your full benefits without any “fuss.”

It’s true that when the workers’ compensation system works as it is intended to work, many injured and ill workers are empowered to file their workers’ compensation benefits claims without hiring an attorney to assist in that process. Unfortunately, the workers’ compensation system doesn’t always work in the ways it was intended to function. As a result, too many workers find that their “simple” claims have been denied or significantly undervalued. This is one of the many reasons why it’s generally a good idea to seek legal assistance when filing a workers’ compensation claim instead of approaching this process with a “do it yourself” mentality.

The Benefits of Workers’ Comp Representation

Workers’ compensation insurance providers generally operate in a for-profit capacity. Even those that don’t are understandably concerned with protecting their bottom line. As a result, claims adjusters are instructed to look for ways (some reasonable, some unreasonable) to limit the amount of compensation owed to those seeking benefits awards. At times, legitimate claims may even be rejected for “red tape” reasons in the hopes that workers won’t file an appeal. Not all workers’ compensation insurance operations are shady, but it’s better to be safe than sorry. Working with an experienced workers’ compensation attorney can help to ensure that you receive the full amount of benefits that you’re owed, that you don’t experience unreasonable delays, and that your claim isn’t rejected for easily remedied administrative challenges. Additionally, in the event that your claim is either rejected or undervalued, an attorney can help you to correct that situation as efficiently and effectively as possible.

Legal Assistance Is Available

When you’re recovering from a work-related injury, you likely just want to heal and get back on the job. Submitting a workers’ compensation benefits claim can help to ensure that your costs are covered during this time. To better ensure that your claim is approved and paid at a fair rate, please schedule a confidential, risk-free consultation with our firm today. Once we learn more about your situation, we’ll be able to clarify your options and assist you with your legal needs. In the event that a third party (such as the manufacturer of faulty equipment, a motorist, etc.) contributed to your work-related injuries, we may recommend that you pursue a personal injury claim in addition to your workers’ compensation claim. If you have questions about a work injury case, contact a work injury lawyer, for more information contact our friends at Law Offices of Franks, Koenig & Neuwelt .

Personal Injury Lawyer

Say that you are out for a walk and you slip and fall on a piece of broken sidewalk. After your slip and fall, you suffer injuries that require medical treatment. You could fracture a bone or injure your spine and hence lose your ability to work temporarily or permanently. In this instance, your injuries were caused by negligence on behalf of the city. You can build a negligence case against it with a personal injury lawyer, like from the Law Office of Daniel Wright.

Filing a Notice of Claim

Before you file the lawsuit, you will need to file the Notice of Claim. In the notice, you would include the following:

• Names and contact information
• Descriptions of the accident, where it occurred and when
• Descriptions of the injuries
• Cost of damages

In some states, you have to file the Notice of Claim with a deadline. You only have a short period after the accident to file. If you do not file the notice, then your entire case may be dismissed. It is important to talk to a lawyer as soon as possible about the deadline.

Understanding Immunity

When it comes to lawsuits against cities, it can be a little more complex than individuals. In all personal injury cases, you have to prove that the defendant had some type of duty of care towards you. For instance, if you are a guest in a shop and the floor is slick, you can sue if you’re injured after a fall. The store had an obligation towards you.

When it comes to filing a lawsuit against the city, for instance, the city may be required to clean up snow and ice around a courthouse or on the sidewalks, but if you trespass on city property and suffer an injury, then the city may owe you nothing. Likewise, some laws grant immunity to cities. An example is that in some states if a pedestrian is injured by a police officer on duty because the pedestrian was jaywalking and not listening for sirens, the city may not be liable. If you talk with a lawyer, you can find out if your particular situation calls for a lawsuit against the city.

If you suffer an injury and you believe that the city or government is at fault, there are routes you can take to file a lawsuit. When filing a lawsuit against a municipality, it is crucial to set up a consultation with a lawyer. These cases tend to be more difficult than cases against other civilians.

Personal Injury Lawyer

Depending on the type of work you do, you may need to take extra precautions to protect your eyes from getting hurt due to injury or hazards. Even minor scratches and occasional exposure to harmful chemicals can develop into a condition that could be permanent or require intensive treatment. It is also important to note that if your eye injury happened while on the clock or performing a job-related task, then you need to report it to your employer immediately, as an attorney,can explain.

Common Eye Injuries
Common eye injuries that can occur in the workplace include chemical eye burns, invasion of foreign bodies, blunt trauma, allergic conjunctivitis, and diseases due to exposure of ultraviolet radiation. It is the duty of an employer to provide reasonable and functional protective gear when performing tasks that could cause an injury to occur. When an employer is negligent in offering their workers eyewear and eye wash stations, they could be held liable for medical costs if an accident happens.

By visiting an eye doctor shortly after an eye injury accident at work, workers can receive prompt treatment for: 

• Chemical Eye Burns: highly alkaline and acidic substances are toxic and can result in severe chemical eye burns if they come into direct or airborne contact with the exterior of the eye. Eye burns are most likely to occur in laboratories, industrial facilities, and other workplaces that frequently use cleaning products
  
• Invasion of Foreign Bodies: tiny foreign particles in the air can enter the eye, causing inflammation and irritation. When a foreign body gets into the eye, do not continue rubbing if blinking and rinsing doesn’t remove it, as it will only cause more damage.
• Blunt Trauma: if the eye gets hit with sudden force, it can bleed internally. If you see bruising around the eye, cuts on the eyelid or nearby skin, or severe eye redness, then you must see an eye doctor for care.
• Allergic Conjunctivitis: employees who work in the agricultural field and are routinely exposed to certain food items may develop allergic conjunctivitis. Signs of this condition include redness in both eyes, burning/itching sensation, watery discharge, and sensitivity to light.
• Eye Diseases: workers who perform tasks outdoors may be exposed to ultraviolet radiation (sunlight) in immense quantities, and are more at-risk for developing eye diseases such as squamous cell carcinoma, pterygium, and cataracts. 

Eyewash Stations

Whether an employee suffers from a minor eye injury or one that worsens drastically is often based on whether a rinsing station is provided. One of the best ways to treat an eye injury is rinsing with a saline wash, so any foreign substance that is causing the damage can get removed quickly. In work environments where employees are exposed to chemicals and tiny particles, eyewash stations and solution bottles must be easily accessible so the chances of permanent eye damage are reduced. 

If you suffered an eye injury in the workplace, you may be due compensation for your accident. A workplace injury lawyer can help you secure the money you need for a full recovery.

A lawyer, like a workers’ compensation lawyer, from our friends at Law Offices of Franks, Koenig & Neuwelt can provide clients with further insight on whether an injury qualifies for coverage.

It is usually the best feeling in the entire world to give birth to an amazing baby after carrying this little person in your womb for nine months. You would most like be experiencing a numerous amount of emotions at this particular moment such as anxious and fear, but you would most of all feel ecstatic after giving birth to a wonderful bundle of joy. You, your friends and family have been anticipating for this moment to come to share their happiness with you. Even though you know that there are several things that might have gone wrong at the time of you giving birth, the last thing that is on your mind at the time is that the doctors and medical professionals that you put your trust in for this specific moment are the same reason to why something might have gone wrong during your special time. The baby may experience a birth defect while inside of your womb, but the baby can be injured while you are giving birth and a problem could happen when the child has been already delivered, as a personal injury lawyer in Atlanta, GA, like from Andrew R. Lynch, P.C., can explain. This is one of the main things that you should be knowledgeable about when you make the decision about choosing the doctor that you want to perform the delivery and the type of delivery that you want to have. When a complication happens during you giving birth to your baby, you or the family may come to the decision that you want to hire a personal injury attorney so that they can help you with any type of claim that you choose to place anybody that was involved in the incident. Birth injuries that happen often are:

• Death
• Lacerations 
• Spinal cord injury 
• Brain damage to the infant, or any other person 

It usually is not easy to break down the reasons of a birth injury or a birth defect by yourself, so it would be your best choice to have help on your side. No matter if it is family, friends, or a complete stranger, you do not have to go through it alone. Should you decide to pursue a claim against any party or entity that you feel played a hand in the injury or defect of your child you may also need an attorney to step in for you. An attorney will gather all the evidence against any at fault party and assist you in getting the closest to a settlement you deserve.

Personal Injury Lawyer

Medical malpractice comes in many forms, and if you have suffered at the hands of a medical professional, you should receive compensation. While compensation can’t reverse the situation, it can help you with medical bills, lost wages, pain and suffering. The following are some questions you might need answers to before starting your medical malpractice case.

Can I Sue for a Surgery I Didn’t Know Risks To?

Doctors are required to inform patients about serious risks that could arise from any type of medical procedure, but that doesn’t mean every little risk has to be detailed. For example, if a surgery could result in blood clots, that’s a serious issue that probably has to be disclosed. If you might get a mild headache the next day, the doctor probably doesn’t have to disclose that to you. There are two things you should ask yourself in this situation:

1. Do other competent doctors disclose this particular risk in this same situation?
2. Would I have made another decision about this procedure if the risk was disclosed?

If the answer is “yes” to both questions, you might be able to sue. If the answer is “no” to even just one of the questions, you might not have a case.

Who Do I Sue for Being Given the Wrong Medication?

If you are administered the wrong medication, a Memphis, TN medical malpractice lawyer like one from Darrell Castle and Associates, PLLC can explain that fault could fall with a number of individuals. The doctor may have prescribed the wrong medication. The nurse may have administered the wrong dose. The pharmacist may have put the wrong pills in the wrong bottle. The hospital staff may have rearranged the medicine cabinet and confused some of the medications. You have to take a deep look at the real issue to determine who to sue.

What Damages Can I Seek?

In a medical malpractice case, there are certain damages you can typically seek. This includes:

• Special Damages – These are the costs directly related to the malpractice. It would include the costs of medical bills and reimbursement for time you may have missed at work.
• General Damages – This would include things like pain and suffering, loss of consortium, loss of enjoyment of life, and more.
• Punitive Damages – If the medical professional acted in a particularly negligent way, or caused intentional harm, the court might award you punitive damages as a way to further punish the medical professional.

Contact Your Lawyer

When you are injured at the hands of a medical professional, you deserve to be compensated. Contact a medical malpractice lawyer today to get started with your case.

Personal Injury Lawyer

Mold is a constant concern for homeowners across the country. There’s nothing worse than peeling back old wallpaper and seeing black spots on the wall behind it, and knowing that you and your loved ones have been breathing in spores for years is horrifying. You may be familiar with the dangers of mold, but do you know what makes mold so dangerous? And why does it keep coming back in your bathroom and basement? Read on to learn a little more about mold, and how you can finally get rid of it.

Mold: Good for the outdoors, not so much in your house

Molds grow anywhere there’s dampness. As a residential demolition contractor like a demolition specialist from Nielsen Environmental can explain, mold could be near leaky pipes, or any other place that gets exposure to moisture but never gets to dry out properly. Leaky spots near windows and in roofs are culprits too. Buildings that were affected by flooding are also particularly vulnerable. But aside from causing a major headache for homeowners, mold is actually pretty beneficial for the ecosystem, as long as it stays out of your house.

Molds occur naturally, and can help break down fallen leaves and rotting wood. If a tree falls over in a forest and nobody’s around to hear it, you can bet mold will move in to help it decompose. Damp spots under trees and in caves can be heaven for molds, which is a helpful pointer for homeowners. If you’re concerned about mold, you should take the necessary steps to ensure their home is as unappealing to molds as possible.

Recognizing Molds and Mold Exposure

Knowing the nature of molds is just part of the battle. Recognizing the health impact of molds in your home is an important step to fighting back and making your house happier and healthier. Molds are a fungus, which means they spread and reproduce through spores. These are invisible to the naked eye, and can be particularly dangerous when breathed in. The common effects of mold exposure are varied, but breathing difficulties are a major issue. Skin irritation, watery eyes, and even heart conditions and immune disorders can also be traced to mold exposure. Make sure your home is mold-free, and be on the lookout for the most common molds in homes.

There are many common types of molds in California, and among the most common are aspergillus, mucor, penicillin, and stachybotrys (also known as black mold). They can all cause serious health problems, so once you discover a patch of these in your home, you should immediately take steps to get rid of them.

Getting Rid of Mold

According to the CDC, you’ll need to be fully decked out in protective gear if you’d like to remove mold yourself. It’s possible to DIY mold removal, but you need to be extra cautious, and you can expect plenty of bleach, soap, water, and even sanding if mold is embedded far enough into wood. You’ll be dealing with incredibly hazardous stuff – not just the mold, but the cleaning materials, too.

DIY might be feasible for minor mold problems, but serious mold requires serious contractors. If you’re planning on remodeling and there is mold present, a qualified residential demolition contractor can remove and safely dispose of mold, and they’ll prevent future mold growth as well. When dealing with a serious mold problem, it’s best to play it safe, and rely on assistance from professionals if at all possible.

School zones are often full of the most precious people: children. While they are asked by teachers and parents to follow the rules — only walk when they are told and to stay out of the street — there are some that simply don’t follow the rules. This is why it’s important that every driver knows and understands how to stay safe in a school zone. The following are five tips for keeping everyone as safe as possible.

1. Stop Behind a Bus

In every state in the nation, it’s illegal to pass a school bus with an extended stop sign and that is actively loading or unloading children, but there are people who still do it. If you approach a stopped school bus with an extended stop sign, stop! It’s a simple rule to follow, and one that will save lives and prevent injury.

2. Stop Before the Crosswalk

Have you ever seen a car stop in the crosswalk? It creates a danger for anyone who needs to use the crosswalk. It’s important you stop at the white line that comes before the crosswalk so you can keep people safe. If you have stopped, looked both ways, and there are no children walking, you can cautiously proceed.

3. Slow Down

Most school zones will have flashing lights indicating your responsibility to slow down to a lesser speed. Even if you don’t see any flashing lights, but you notice there are children and you’re near a school, do the responsible thing and slow your speed anyway. Kids dart out between cars and all sorts of other things, and if you’re driving slowly enough, you could avoid hitting and injuring them.

4. Obey the Crossing Guard

A crossing guard has the responsibility to make sure children get across the street safely. If a crossing guard stays in the crosswalk longer than you feel he or she needs to, there’s probably a reason for it and you should just remain stopped. Show a crossing guard the proper respect and remain calm while he or she is doing their job.

5. Remove Distractions

This should go for any time you are behind the wheel, but particularly when children at a school are involved. Keep your phone off, leave your breakfast at home, and ignore the kids in the back seat until you are at a point where you can safely pull over, park the car, and deal with what’s going on.

Contacting a Lawyer for Help

If you or someone you love was injured in a school zone, you deserve compensation. Contact a lawyer, like a personal injury lawyer from Darrell Castle & Associates, for help in getting the case started.

Personal Injury Laws Specific to the State of Texas

While many states share overlaps in laws regulating personal injury cases, many states differentiate from one another. Being in the state of Texas, it is important to break down notable laws that currently affect claimants in the lone star state, as it is important for individuals to understand the various laws and regulations affecting the claim they are attempting to pursue.

Statute of Limitations

All states have imposed their own statute of limitations. What this means is that there is a time limit put on one’s ability to file a suit and go to civil court after suffering injury or experiencing harm. It is important to note two considerations to the statute of limitations; that this time limitation varies depending on the type of claim, and under certain circumstances the deadline can be extended. In Texas, the statute of limitations for personal injury cases gives claimants two years from the date the injury occured to file a lawsuit. Any lawsuit that is attempted to be filed outside of this time frame will likely be refused, thus leaving the claimant with the inability to achieve compensation. 

Shared Fault

When talking about shared fault, it is interesting to look at the variations of this law, and to see where the state of Texas falls within it. There are four fault systems used by various states in the U.S. These include:

• Pure Contributory Negligence
  • If you shared any fault, no damages can be recovered
• Pure Comparative Negligence
  • Your percentage of fault reduces damages you can recover
• Modified Comparative Fault (50% Rule)
  • Must be 50% or less at fault to recover damages
• Modified Comparative Fault (51% Rule)
  • Must be less than 51% your fault to recover damages

Texas, along with 21 other states, uses the modified comparative fault 51% rule, specifically a modified comparative negligence rule. In Texas, the amount of compensation you will receive will be reduced by an amount equal to your percentage of fault. What this means, for example, is that if you are 25% percent to blame for the incident, and the other party is 75% to blame, the total damages you can recover will automatically be reduced by 25% (the amount that was your fault). So if your damages total at $20,000, your compensation will be reduced to $15,000, taking into account the $5,000 (25%) that you are at fault for. In addition, if you carry more than 50% of the blame, you can no longer collect any damages. Some states, Texas included, also put limits on the damages one can receive in these cases. It is important to note that Texas only puts limitations on damages in cases of medical malpractice. This statute of limitations is pretty specific, but in these cases, the max compensation for pain and suffering is set at $250,000 for the defendant, and $500,000 total. In cases of wrongful death due to medical malpractice, the cap takes inflation into account. The cap set in 1977 at $500,000 has since been adjusted to right around $2 million. 

Motor Vehicle Laws

How Wearing a Seatbelt can Affect Personal Injury Cases

It seems pretty elementary to wear a seat belt in the car, whether you are driving the vehicle or you are a passenger. Roughly 38,000 people die in car accidents every year in the United States. The National Highway and Traffic Safety Administration found that in 2017, 47% of the 37,133 people who died in crashes that year were not wearing their seatbelt at the time of their fatal crash. The numbers speak for themselves – wear your seatbelt! Not only does it greatly increase your chances of survival if you are in a serious wreck, but it also can greatly increase the likelihood of receiving coverages for injuries and damages in a personal injury case. Every state in the United States, with the exception of only New Hampshire, has laws requiring drivers and passengers to wear seatbelts. Considering Texas’s comparative fault laws, not wearing a seatbelt might greatly affect your personal injury case and the compensation you may or may not receive. By simply not wearing a seatbelt, there is a possibility that the court would assign a percentage of the fault for injuries to the victim, even in cases where the victim did not cause the accident. Usually what happens in these cases is the defendant will use the failure to wear a seatbelt to prove comparative fault against the plaintiff. This can end up being impactful in cases where it is determined that the victim’s injuries likely would not have occurred or been as severe, had they been wearing a seatbelt. This determination can greatly diminish injury compensation and coverages. Wearing a seatbelt can better assure you receive fair compensation in a motor vehicle, but more importantly it can save your life. 

How Pre-existing Health Conditions Affect Personal Injury Claims

Victims in personal injury claims are very rarely in perfect health prior to their accident. The fact of the matter is that most people in these situations have minor or major health issues that they have been living with prior to the accident. Considering that it is extremely common for victims to have pre-existing medical conditions, it is expected that they are only entitled to compensation for injuries and complications related to the accident at hand in personal injury cases. When victims’ pre-existing conditions become worsened due to the accident, however, they then become entitled to further coverage. If the pre-existing conditions become affected or aggravated by the incident, those prior issues then become a part of the injuries or complications that are proven to be as a result of the accident. The legal terminology for this is called exacerbation. Compensation is not limited to only physical injuries, but can also include mental health issues that become worsened by the accident. Keeping in mind that the insurance company of the opposing party is trying to pay you as little as possible, they will search extensively through medical information and history, looking for any evidence suggesting the accident has not affected your health or pre-existing conditions. This reinforces the importance of not only getting regular medical treatment following an injury, but also getting regular check-ups even if you are in good health. Doing so creates more of a concrete timeline and more secure evidence, thus it is extremely important to keep track of your health and medical records.

Can COVID-19 Affect Personal Injury Cases?

The global pandemic has proven to have an effect on almost everything involving social interaction worldwide. From closed down restaurants and stores, to hospitals crowded with patients and delays, and school shutdowns. The new normal is face masks and social distancing, and it seems as though the new way to work and go to school is becoming remote, for the most part. Is COVID-19 affecting personal injury cases? In short, yes. Really what hasn’t the pandemic affected at this point?

The whole premise of personal injury claims is for the injured to receive coverage for damages and injuries, and to receive the adequate medical treatment. In many cases we find that this treatment can be extremely extensive and timely. Even after countless surgeries and procedures, and after the wounds begin to heal, this is often not the end of the road for the injured. Physical therapy and/or additional medical care is often required, and again, elongates the timeline from the point of injury to full recovery. Then the pandemic comes into play, and further lengthens this process. There has been a growing worldwide fear of the virus, and this may keep patients from going to medical appointments and treatments. Hospitals that become overrun with COVID-19 patients may mandate that no non-COVID patients be allowed. This situation is unfortunate because of the fact that the option of receiving treatment and care is taken from the hands of the patient. At the end of the day, fear of the virus, delays in treatment, and medical care result in delays in resolving cases. These unique circumstances reinforce the importance of taking note of your personal injury recovery timeline, as it is important to note uncontrollable circumstances that prevent you from receiving treatment, including fear of the virus. The timeline is essential in proving the extent of injuries and treatments, and ultimately the amount of compensation.

In addition to the potential difficulty in getting health care in these times, courthouses around the country have also closed and/or modified their schedules and procedures to make the process safer and more remote to prevent further spread of the virus. As the physical courthouse is essential, when it shuts down or alters it’s scheduling and procedures, it further slows down the resolution of the case. While this is (hopefully) only temporary, it does not change the fact that times have changed, and personal injury practice has had some unforeseen hurdles. This should not shy people away from making personal injury claims, however it is important for claimants to be aware of the unique circumstances.  

In many states around the country, there has been an extension of the statute of limitations in personal injury claims due to the COVID-19 pandemic, and Texas is included in this list. Typically in Texas, the injured party has up to two years after the date of the accident to file a lawsuit. The recent extension on the statute of limitations extends a plaintiff’s time to 30 days from the time the governor’s state of disaster has expired. 

If you have questions about a personal injury case, contact a personal injury lawyer, like the office of the Brandy Austin Law Firm, for more information.