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.