Being involved in a car accident is one of the hardest things a person can go through. In addition to the inconvenience of being without a car and the headache of dealing with repair shops, people can be injured. Because automobile accidents are so common, it is surprising that many people are unaware of their rights. These include the right to be fully reimbursed for damages to vehicles, rental car expense, medical expenses, lost wages, and pain and suffering.

As experienced Austin Personal Injury Attorneys, Fisher & Evans, L.L.P. is superbly qualified to win justice and fair compensation for you. Additionally, the Firm's extensive knowledge of insurance companies and their practices allows it to maximize the available recovery for each client using all of the available insurance coverage available.

Fisher & Evans, L.L.P. handles many automobile accident cases each year. We regularly assist our clients in procuring the proper medical care to help them get over an injury as quickly as possible. The Firm has access to accident reconstruction and investigative experts that are used when needed.

We also, in many cases, are able to use our contacts with various Austin area medical providers to expedite treatment and appointments for medical care. Our first goal is always to get our clients back into the condition they were in before the accident.

As skilled Austin Personal Injury Attorneys with over 40 years of combined experience, we provide effective representation to victims who have sustained serious injuries resulting from automobile accidents, other vehicle accidents, negligence, medical malpractice and defective products. The Firm serves the residents of Austin, Travis County, Hays County, Burnet County, Blanco County, Comal County, Bexar County, Milam County and Williamson County within the following areas:

• Vehicle Accidents
  • automobile accidents
  • bicycle accidents
  • motorcycle accidents
  • pedestrian accidents
  • truck accidents
• Traumatic Brain Injury
• Spinal Cord Injury
• Wrongful Death
• Catastrophic Injuries
• Medical Malpractice
  • Pharmacist Malpractice
  • Anesthesia Negligence
  • Misdiagnosis
• Defective Products Liability
  • Pharmaceuticals
• Workplace Accidents and Occupational Injuries
• Complex Litigation
• Mediation and Alternative Dispute Resolution

Attorneys Guy Fisher and Chip Evans have handled a wide variety of cases involving automobile and truck accidents, complex medical cases, injuries to children in recreational settings, and deaths due to negligence. They welcome the opportunity to speak with you and help you answer any questions you may have regarding your legal rights and remedies. The Firm takes a special interest in cases involving harm to children.

The vast majority of Texas cases handled by Attorneys Fisher & Evans are resolved without a trial-- saving clients both the money and the stress involved in courtroom proceedings. However, when a case must be tried due to unreasonable defendants, the Firm stands ready with the experience and ability to give clients their day in court.

"We are committed to achieving justice for each of our clients. Each lawyer and employee of the Firm works on every case so any member of our office can answer questions for every client."

- Attorney Chip Evans

Representative Cases:

• Multiple cases involving minors struck as pedestrians or involved as passengers in automobile accidents. In many of the settlements, structures were utilized to take advantage of tax code provisions and maximize the child’s recovery.
• Multiple cases involving 18-wheelers and automobiles with very serious injuries. In many cases, the clients suffered permanent injuries and securing potential future medical care was of the utmost importance.
  
• Multiple fatality drunk-driving accident in New Mexico. Accident was witnessed by the family of the deceased.
• Cases involving injuries to children at playgrounds or businesses that feature playgrounds.
• Insurance fraud case where one beneficiary of a life insurance policy attempted to defraud other beneficiaries by executing a forged document.

If you or someone you know in Austin, Texas or within the surrounding cities and counties has been involved in an automobile accident or suffered other personal injury and needs the assistance of an experienced serious injury lawyer, contact Fisher & Evans, L.L.P., today at 866-641-9974, or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Vehicle Accidents:
Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include:

• ATV accidents
• automobile accidents
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• cruise ship accidents
• intersection accidents
• motorcycle accidents
• pedestrian accidents
• rear end collisions
• semi-tractor trailer accidents
• school bus accidents
• SUV rollover accidents
• train accidents
• truck accidents
• yacht accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

Automobile Accidents:
Attorneys Fisher and Evans have years of experience and a successful track record representing clients who have suffered significant injuries in automobile accidents.  They work closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury.  The Firm possesses a detailed comprehension of Texas's automobile insurance and liability laws, and understands the different sources of recovery available to car accident victims and their families.

Motorcycle Accidents:
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road. The lack of any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders particularly vulnerable to serious personal injury in the event of an accident.  Attorneys Fisher and Evans can advise injured riders of their legal rights and discuss the litigation options that are available.

Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on a windshield, pavement, or other object, is frequently referred to as a "closed head injury." Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.

Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged. Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function. Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida, and Friedreich's Ataxia. The spinal cord does not have to be severed in order for a loss of functioning to occur; it only has to be fractured.

Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in Texas, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions the decedent would have made to his or her spouse, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent, and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, society, solace or moral support.

Medical Malpractice:
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice for his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

Defective Products:
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Product liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability, and recover damages under one of the following categories: strict product liability, negligence, or breach of warranty.

If you or someone you know in Austin, Texas or within the surrounding cities and counties has been involved in an automobile accident or suffered other personal injury and needs the assistance of an experienced serious injury lawyer, contact Fisher & Evans, L.L.P., today at 866-641-9974, or complete the contact form provided on this site to schedule your free consultation.

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Fisher & Evans, L.L.P., at 866-641-9974, you can receive a personal consultation regarding your specific legal claim.

What kind of insurance do I have on my car?
The terms commonly used by the insurance industry include:

• Liability Coverage: Liability Coverage provides protection for the person or property that you unintentionally damage when driving your car.
• Collision Coverage: Collision Coverage pays for damage to your car whether caused by you or by someone else.
• Comprehensive Coverage: Comprehensive coverage pays for fire, theft or vandalism of your car and its contents.
• Medical Payment and Personal Injury Protection: Medical Payment and Personal Injury Protection Coverage: Uninsured Motorist Coverage will pay for your personal injuries and property damage if the driver at fault is not insured.
• Underinsured Motorist Coverage: Underinsured Motorist Coverage attempts to fully compensate you if the amount of the other driver's insurance is not enough to fully cover all of your damages.

What is Personal Injury?
Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases, as opposed to criminal law cases, which involve a defendant and the State of Texas. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
• Burn Accidents
• Construction/On the Job Accidents
• Dangerous or Defective Products
• Dog/Animal Bites
• Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
• Nursing home abuse and Neglect
• Slip and Fall Accidents/Premises Liability
• Spinal Cord Injury
• Toxic Exposure
• Traumatic Brain Injury

What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost income, including overtime wages
• Pain & suffering
• Physical disability
• Disfigurement
• Emotional trauma
• Mental disability
• Property damage

How do I prove negligence?
The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but still be found liable in a civil lawsuit stemming from the same actions.

What is the Statute of Limitations?
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also with regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident.

How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from three to 18 months to settle, depending on their complexity.

What is Medical Malpractice?
Medical malpractice is negligence committed by a professional health care provider - a doctor, nurse, dentist, technician, hospital, or hospital worker - whose performance of duties deviates from the accepted standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence-that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing a drug that is illegal or not approved for the patient's condition.

How are medical malpractice cases analyzed?
The basic elements involved in medical malpractice, as in common negligence, are the establishment of a standard of care and a breach occurring within that standard. Generally, standard of care is defined as how a reasonable, careful, or prudent person would behave in similar circumstances. In determining whether medical malpractice exists, the questions become:

1) How would a reasonable, careful, and prudent doctor, hospital, or other health care provider behave in the same or similar circumstances?

2) Did the doctor, hospital, or other health care provider breach that standard of care in this specific situation?

3) Was the unreasonable, careless, or inappropriate behavior on the part of the doctor, hospital, or other health care provider the proximate cause of injury or damages to the patient or client?

To prevail in a medical malpractice case, all of the above elements must be proven. The failure to establish even a single element will prevent the successful outcome of a medical malpractice suit.

What is Wrongful Death?
Wrongful death occurs when a person's death was caused by the negligent, willful, or wrongful act, neglect, omission, or default of another, such as careless driving or a deliberate murder. In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of Texas has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.

Can a wrongful death action be brought even if the deceased never held a job?
Yes.  Although the decedent never held a wage-earning job, he or she may have contributed in some other way to the family, such as a stay-at-home husband or wife who contributed services, guidance and nurturing. These contributions are quantifiable under "pecuniary losses," and can be sought in a wrongful death lawsuit.

If you or someone you know in Austin, Texas or within the surrounding cities and counties has been involved in an automobile accident or suffered other personal injury and needs the assistance of an experienced serious injury lawyer, contact Fisher & Evans, L.L.P., today at 866-641-9974, or complete the contact form provided on this site to schedule your free consultation.

Professional Biographies 

Attorneys Guy Fisher & Chip Evans have more than 40 years of combined legal experience, providing aggressive representation through a practice dedicated to serving Travis County residents who have been injured as a result of someone else's negligence, especially cases involving auto accidents.

Please call Fisher & Evans, L.L.P., today at 866-641-9974, or complete the contact form provided on this site to schedule your free consultation.

Firm Address:

Fisher & Evans, LLP
4407 Bee Caves Rd., Ste. 611
Austin, TX 78746
Telephone: (866) 641-9974

Inquiries accepted 24 hours a day
Se Habla Español

Chip Evans, Attorney

Courts Admitted:

• Texas, 1997
• United States District Court, Western District of Texas

Law School:

• St. Mary's University School of Law, J.D., 1997

College:

• Southwestern University, B.A., 1994

Professional Affiliations:

• State Bar of Texas
• Travis County Bar Association
• Austin Young Lawyers Association

Guy C. Fisher, Attorney

Courts Admitted:

• Texas, 1969
• United States District Court, Western District of Texas
• United States District Court, Eastern District of Texas
• United States District Court, Southern District of Texas
• United States Court of Appeals, Fifth Circuit
• United States Supreme Court

Law School:

• St. Mary's University of San Antonio, J.D., 1969

College:

• University of Texas, B.B.A., 1966

Professional Affiliations:

• State Bar of Texas
  • Board Certified, Civil Trial Law, Texas Board of Legal Specialization