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In the aftermath of a serious personal injury, a significant civil rights violation, or the death of a loved one, most victims are overwhelmed with questions and uncertainties. Our personal injury lawyers aim to provide Austin, San Antonio, Dallas, Houston, and other Texas residents with answers to some commonly occurring questions.
Do I have a meritorious case?
What information do I need to share to allow the firm to evaluate my claim?
How much time do I have after an accident to file my claim?
I have heard that there are caps on some types of damages. How will that affect my claim?
Will you try to settle my case before I have to go to trial?
What are my chances of obtaining a successful settlement or verdict?
How much will it cost to hire your firm?
How long does it take to resolve a case?
Does the firm ever take cases outside of Texas?
Why should I hire Whitehurst, Harkness, Ozmun & Brees, P.C.?
Our personal injury lawyers can evaluate the preliminary facts surrounding your case and help you decide whether or not you are likely to obtain a worthwhile settlement or favorable verdict. During this evaluation, we will look primarily at the evidence you can provide and then consider whether this evidence will likely be enough to prove your case. The plaintiff presenting a personal injury claim bears the burden of proof, which means that you will need to present strong enough evidence to the jury to convince them that you are entitled to damages.
If you are pursing a claim based on negligence, the facts of your case must clearly demonstrate two things: 1) that the defendant was, in fact, negligent and failed to adhere to a certain standard of conduct; and 2) that the negligence caused you or a family member harm.
Another factor to consider is the amount of damages for which you are likely to be eligible. Your injuries and financial setbacks must be serious enough to justify the time and resources that you and your attorney must commit in order to reach a successful outcome. For this reason, our firm only accepts cases that involve serious personal injury or significant business disputes.
Potential clients can help our personal injury lawyers by sharing information about their cases and the circumstances surrounding them. Often this process starts with a phone call to our firm in which you explain what has happened and why you are pursuing legal representation. The best first step is often the simplest one: contact us.
If your concerns arise from a medical situation, such as a potential case of medical malpractice, we may ask that you provide us with copies of related medical records. Our attorneys can advise you as to which documents are most pertinent and where they can be obtained.
If you have been involved in an auto accident or aviation accident, we will ask that you provide us with copies of the accident report (if any), your own automobile insurance policy, witness statements, photos, and any other relevant evidence. We will also request documentation of any medical care you received after the accident.
If you have sustained injuries as a result of a defective product, dangerous drugs, or defective medical devices, it is very important that the product be kept in the same condition that it was in at the time of the injury. We will also likely need documentation of any related medical treatment that you underwent and information about how you came to own or use the product.
After our personal injury lawyers have this information on file at our Austin, Texas office, we can begin to evaluate whether or not we can pursue your claim.
The length of time within which you must file your lawsuit, which is laid out by the statute of limitations, varies among states and types of cases. In Texas, the statute of limitations for most personal injury, medical malpractice, and product liability claims is two years. This means that you must file your claim within two years of the date of the incident.
This rule can vary significantly, however. For example, if you are bringing suit against a government entity, you may be required to file a letter notifying it of your claim within a much shorter time period, such as 45 days or six months. If you fail to do so, you may lose your right to file the claim. For this reason, it is imperative that you contact a lawyer as soon as you suspect that you have a case. The personal injury lawyers at our Austin, Texas, firm have a thorough knowledge of state and national statutes of limitations and will be able to tell you whether your case is subject to the usual two year filing period or whether special regulations apply.
During the 2003 session, the Texas Legislature passed many new laws that affect the ability of individuals to recover full compensation for injuries caused by the negligent conduct of others. These laws are aimed primarily at limiting the amount of non-economic or punitive damages that a plaintiff can obtain. They also introduce reforms to product liability and class action cases.
While the effect of the changes on any individual case is difficult to predict, these laws are sure to affect future personal injury cases as a whole in significant ways. We are always happy to talk to you about your specific claim and which of the 2003 law changes will affect your potential recovery.
Yes; our personal injury lawyers will attempt to obtain a fair and reasonable settlement at the appropriate time, which is often very close to trial. Many cases settle before, or sometimes during, trial. There is also the possibility that we will be able to settle your claim without actually filing a lawsuit. Often, however, the best settlement can be achieved only when the defendants and their insurers know that we are ready, willing, and able to go to trial. For that reason, we prepare each case from day one as if it were going to trial. Our personal injury lawyers have a reputation in Austin, San Antonio, and throughout Texas for having the resources, competence, and willingness to take cases all the way to trial and achieve outstanding results.
The answer to this question depends on many factors, including the specific details of your case, the credibility of the witnesses (including you), the court where the case is filed, the laws that apply to your case, and the ability of the attorneys on both sides. Neither Whitehurst, Harkness, Ozmun & Brees, P.C., nor anybody else can guarantee a particular result for a particular set of facts. However, we have found that a firm’s resources, competence, and reputation for record verdicts make all the difference in bringing a case to a successful conclusion.
There is no fee for talking to us about your claim before you make a decision as to whether to hire our firm. In cases of personal injury, once our lawyers have committed to representing you, we only charge an attorneys’ fee after we have successfully obtained a recovery for you. Our fee is a percentage of the recovery. Additionally, all expenses necessary for pursuing your claim will be covered in advance by our firm or by a bank through a loan to our firm. If we are successful in obtaining a recovery for you, the case expenses, loans, and interest will be reimbursed from your portion of the recovery. If at the conclusion of the case nothing is recovered on your behalf, you will not owe our firm for any attorneys' fee or any case expenses, loans, or interest.
Our firm is flexible and creative with respect to fees and expenses related to business dispute litigation. We are willing to discuss with you whether an hourly fee, a contingent fee, or some other fee arrangement will best suit your needs.
We will strive to resolve your claim as quickly as possible while obtaining the best possible outcome. However, depending on its complexity, compiling a lawsuit can be a lengthy process. Each case varies in length, from as little as a few months to as long as several years, depending on whether it goes to trial and whether there is an appeal.
Although the majority of our cases are in state or federal courts within Texas, our lawyers have handled and tried many cases in other states. We also have many clients who were injured in Texas but now reside in other states and foreign countries.
For over 30 years, our personal injury lawyers have been providing clients from Austin and San Antonio , Texas and all the way to Egypt with exceptional legal representation. We have built a reputation in the community as a firm that limits its practice to meritorious cases only and is strongly committed to protecting its clients’ best interests. Our attorneys and staff bring a unique combination of experience, education, and talent to the practice of law. We are devoted to helping you through a difficult time and to working with you to obtain a satisfactory settlement or verdict.
Our firm and its members are committed to making our community a better place to live by donating pro bono service and monetary aid to a number of non-profit organizations. Our commitment to community service is an integral part of our firm’s culture.
To speak with one of our talented personal injury lawyers, contact Whitehurst, Harkness, Ozmun & Brees, P.C., in Austin, Texas, today.
If you have further questions about your business dispute or personal injury claim, contact the lawyers at our Austin and San Antonio, Texas-area office.
The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
Whitehurst, Harkness,
Ozmun & Brees, P.C.
1122 Colorado, 24th Floor
Austin, Texas 78701
Mailing Address
P.O. Box 1802
Austin, Texas 78767
Toll Free: 866-594-8630
Fax: 512-476-4400