If you were injured in a car accident, slip and fall, or the negligence of another person, you need the help of an aggressive and committed personal injury lawyer. Thankfully, the legal team of lawyers at Shaw Cowart LLP is here for you to make sure our injured clients have proper legal representation as well as financial recovery during this difficult time. Our personal injury law firm in Austin has your back no matter the case, so call today for your free consultation.
Austin Personal Injury Resources:
- Why Choose An Austin Injury Lawyer For Your Legal Services?
- How An Austin Injury Lawyer Will Help Your Case
- Personal Injury Cases In Austin We Handle
- Common Injuries In Austin
- What Austin Injury Attorneys Do
- How To Choose The Right Austin Injury Lawyer
- Will My Austin Personal Injury Claim Go To Court?
- Damages Available In An Austin Personal Injury Case
- Punitive Damages In A Personal Injury Case
- How Much Is My Austin Personal Injury Case Worth?
- Negligence Laws In Texas
- Proving Liability In An Austin Personal Injury Claim
- How Long Do I Have To File My Claim To Seek Compensation?
Why Choose Experienced Austin Personal Injury Lawyers from Shaw Cowart?
At Shaw Cowart, LLP, our Austin personal injury attorneys are here for you. If you or a loved one were injured because of the actions or negligence of another person, do not hesitate to contact our law firm. We will do everything in our power to help you recover the compensation you deserve and replace any property damage that may have occurred.
If you retain us, we operate on a contingency basis, meaning we only charge a fee if you win. We serve Austin and nearby areas of Texas. Call 512-499-8900 today to schedule your free, no-obligation consultation. You can also fill out the form on our contact page, and we’ll help you set up your appointment.
How An Austin Injury Lawyer Will Help Your Case
The Austin accident attorneys at Shaw Cowart, LLP are trial attorneys with extensive experience in handling complex civil litigation and will go toe-to-toe with an insurance company. We represent injury victims like you, and we do not back down until we reach a fair resolution, even if that means taking your case all the way through a jury trial.
During this challenging time, you must be confident that you are in good hands. Our Austin personal injury lawyers have a proven track record of achieving lucrative verdicts, judgments, and settlements on behalf of our clients. We understand that each case is unique, medical records are different, and every client has their own idea of justice. In addition to maximum compensation for your losses, we can seek other types of relief where appropriate. We are ready to start fighting for you and your family today. Call a personal injury attorney or use our contact form for your free case evaluation today.
What Cases Do Our Austin Personal Injury Attorneys Handle?
“Personal injury law” is a broad term that includes a wide variety of cases. At Shaw Cowart, our attorneys have decades of combined experience pursuing cases such as:
- Motorcycle accidents: The unenclosed format of a motorcycle is exhilarating but leaves bikers vulnerable to serious injuries in an accident. We defend clients who’ve sustained significant or grave injuries due to the negligence of a driver so they can gain compensation for their medical care and lost earnings. Our motorcycle accident attorneys in Austin are the best around!
- Bus accidents: When buses have accidents, there may be serious injuries and as a passenger, you were not at fault. We understand how to take on the powerful insurance companies associated with city buses and school buses. Don’t hesitate to contact a bus accident lawyer in Austin as soon as possible!
- Pedestrian accidents: When a driver injures a vulnerable pedestrian they are responsible for the serious or catastrophic injuries that may result, and their insurance provider must compensate the pedestrian for their damages. Contact an Austin pedestrian accident attorney to learn more today!
- Birth injuries: No one expects the happiest time of their lives to end in fear and doubt, but birth injuries happen every day due to medical malpractice and provider negligence. We feel passionate about ensuring you have the compensation you need to provide your child with the best medical care to maximize their recovery. Our birth injury attorneys in Austin are here for you.
- Construction accidents: When Workers’ Compensation isn’t enough, we can evaluate your case to determine if there is a third-party liability issue to explore to ensure you obtain financial recovery. Speak to an Austin construction accident attorney today!
- Oil refinery accidents: Oil refinery workers can suffer serious injuries in the oil field environment including burns and toxic exposures. Refineries also have some of the most powerful insurers in the business. Our oil refinery accident attorneys in Austin defend your rights to ample compensation for these preventable injuries.
- Bicycle accidents: Bicyclists have the same rights and responsibilities as drivers. When a cyclist is injured by a motorist, the results can be devastating. If you were harmed in a preventable bicycle injury, we can ensure you recover full damages so you can move forward. Reach out to an Austin bicycle accident lawyer for any questions you may have!
- And more
What Are Injuries Seen in Austin Personal Injury Claims?
Austin is a mecca for the trucking and construction industries as well as a growing hub for manufacturing. Texans see many preventable accidents—from car and truck accidents and workplace injuries to dog attacks and medical malpractice injuries. Some of the most costly injuries both financially and physically are often brought to personal injury attorneys so those who suffered harm can recover their losses. Common injuries addressed by personal injury claims include:
- Traumatic head injuries (TBI)
- Fractures
- Burns
- Toxic exposures
- Back and neck injuries
- Spinal cord injuries
- Medical malpractice injuries including medication mistakes missed diagnoses, and surgical and anesthesia errors
- Birth injuries
- Internal injuries
When injuries require extensive and/or ongoing medical treatments and therapies and impact your ability to earn a living, you deserve financial recovery from the party at fault so you can focus on your recovery.
What Does A Personal Injury Attorney In Austin Do?
Trying to handle your personal injury claim on your own can end in disaster. You are up against large insurance companies with extensive resources and teams of attorneys on their side. To get the compensation you need and deserve, you need a powerful and dedicated law office fighting for you.
A thorough investigation is crucial to a favorable outcome, and it is vital to begin quickly. We will collect and preserve evidence as soon as possible before it can be lost or destroyed. We pride ourselves on paying attention to every detail. Our investigation will evaluate all of the underlying causes of your accident or injuries to determine who can be held liable and under what theory of law. This is how we can pursue every avenue of compensation for you.
In addition, you face a time-sensitive deadline in the statute of limitations. Part of our job as a law office is making sure that you file your claim on time and with the appropriate documentation. Failure to do so can cost you your case, no matter how much you deserve to win based on the facts.
With an experienced personal injury attorney on your side, you do not have to worry about the investigation or statutory deadlines. You can focus on the most important thing – healing and taking care of your family.
In the event that a loved one was wrongfully killed in an accident, please reach out to our Austin wrongful death attorneys today.
How Do You Choose The Right Austin Personal Injury Attorney?
When you have been seriously injured or lost a loved one, the stakes are high. You only have one shot at pursuing fair compensation. You need the peace of mind that comes with excellent legal representation by a firm with a proven track record of success.
- We work every personal injury case like it is going to trial. You might be surprised to learn that many personal injury attorneys rarely or never take a case to trial. Some will avoid it at all costs. Our attorneys have handled hundreds of trials. We prepare each case to go to trial, even though most will end by settlement. That gives us an edge in reaching a fair settlement and positions us to successfully take your case before a jury if that is what it takes to get justice for you.
- We have a proven history of high verdicts and settlements. We have recovered millions of dollars on behalf of our clients. We are known for our track record of achieving favorable results for our clients.
- We have the resources to take your case seriously. A law firm must be able to invest both its time and money in pursuing justice for you. And it needs a network of qualified experts to call on. We often spend months on investigation and negotiation. We work with all of the necessary experts, such as investigators, medical experts, economists, and expert witnesses. Although we have chosen to remain a small firm, we have the resources to see your case through.
- We are active members of state and national trial organizations. Founding partner Ethan L. Shaw holds membership in several organizations, including the American Association for Justice (AAJ). AAJ works to provide a national network that supports attorneys in helping injury victims like you obtain justice, no matter how powerful your opponent.
- We have clients you can talk to. We are not asking you to take our word for it. We are proud of our work and of the relationships, we develop with our clients. We will put you in touch with them so you can hear firsthand accounts of their experiences with us.
Will My Austin Injury Case Go to Court?
No one relishes the idea of having to appear in a courtroom in front of a judge, even when they’re the victim of an accident and not at fault. With a confident, resourceful attorney crafting a compelling case for your compensation with liability clearly shown for the person or entity that caused your injury, you have the maximum chance for an ample out-of-court settlement so you never have to see a courtroom to gain your compensation. The vast majority of personal injury cases are settled out of court with fewer than 4% of cases requiring court litigation.
What Are The Compensatory Damages In An Austin Personal Injury Lawsuit?
Calculating damages is a complex process, for instance, our brain injury lawyers in Austin work with medical experts, economists, and others to determine what the lifelong costs of your injuries will be. We will demand enough money from the very beginning. If you do not get what you need from your personal injury lawsuit, you will not get a chance to go back and ask for more.
Compensatory damages, as the name implies, are intended to compensate you for what you lost because of your injury or accident. In other words, the compensatory damages you receive are the result of putting a dollar figure on the consequences of the accident.
There are two categories of compensatory damages you can recover in a personal injury case:
- Economic damages
- Non-economic damages
Economic damages are tied to a specific dollar amount and are thus easier to calculate. They include:
- Hospital stays
- Physical therapy
- Nursing care
- Medical equipment
- Lost wages
- Loss of earning capacity
- Vehicle damage
Non-economic damages are harder to quantify. They deal with losses that aren’t attached to a specific dollar amount but are no less significant. They include:
- Pain and suffering
- Emotional distress
- Post-traumatic stress disorder
- Loss of enjoyment of life
- Wrongful death
- Loss of companionship
- Punitive damages in cases of injury by egregious wrongdoing
Whereas compensatory damages are intended to make you whole for the losses you suffered, punitive damages are designed to punish the defendant and deter others from engaging in their behavior. Punitive damages are rare in personal injury cases and are only handed out when the defendant demonstrates gross negligence or malicious intent.
For instance, in some truck accidents, a driver’s behavior is so bad or reckless that it falls under gross negligence, just ask our Austin truck accident lawyers. Actions such as drag racing, drunk driving, or intentionally running someone off the road may rise to the level of gross negligence. Depending on the circumstances, texting while driving, speeding, and other forms of driver negligence can also be gross negligence.
In Texas, punitive damages in personal injury cases are capped at between $200,000 and $750,000 depending on other factors in the case.
How Much Is My Austin Personal Injury Claim Worth?
Your personal injury claim should cover all of your injury-related medical expenses and lost paychecks. Not only what you’ve already spent, but also for the future. For instance, if you have to have surgery or months of physical therapy, your claim should reflect that. If the injury was disabling, you could gain compensation for a lowered earning capacity in an amount that would help cover the gap between what you used to earn and what you’re capable of earning if you have to work in a lesser position or can’t work at all.
In many cases, you’ll also be able to claim an amount for pain and suffering. These intangible damages aren’t as easy to calculate as monetary amounts, but courts typically look at an injury victim’s medical expenses to determine the severity of the injury and the amount of pain involved before calculating an amount to help compensate victims.
What Are The Negligence Laws In Texas?
To establish negligence in a personal injury case, Texas uses a standard called “modified comparative fault,” also known as “proportionate responsibility.” It means that multiple parties can be held responsible for the same incident. If you are found partially liable for your own injury, your damages may be reduced.
Let’s say you’re driving down the street in Austin. You’re texting while driving. As you pass through an intersection, another car runs a red light and hits you. Although the other motorist should have stopped at the red light, a court may decide that you could have avoided the accident if you weren’t on your phone. Then, it will assign you a percentage of liability and reduce your damages by a corresponding amount.
For example, if you’re 25 percent responsible, your damages will be reduced by 25 percent. Therefore, if you were initially awarded $40,000, your award would be knocked down by $10,000, or 25 percent.
Proving Legal Liability in Texas
Texas requires a plaintiff in a personal injury case to prove the liability of the party at fault in an accident. This means showing with documented evidence how the party’s negligence or recklessness caused the injury by addressing the following points of liability:
- Showing that the party at fault owed a duty of care to others to keep them safe, such as a driver’s duty to follow traffic laws to keep other motorists safe or a doctor’s duty to provide an industry-accepted standard of care to a patient
- Showing that the at-fault party breached their duty by acting with negligence, recklessness, or purposeful wrongdoing
- Proving that the breach directly caused the injury
- Showing that the injury caused the victim real damages, both physical and economic
Once liability is clear in a personal injury case, a skilled attorney will draft a strong demand letter to the party at fault and their insurance company in the first step toward negotiating a settlement or taking the matter to court.
How Long Do I Have to File a Personal Injury Case in Austin?
Like most states, Texas places a time limit on filing personal injury cases. This serves to preserve the quality of evidence as well as to protect defendants from suffering the ongoing threat of a lawsuit. Injury victims in Texas have 2 years from the date of the incident that caused their injury in which to file a lawsuit for compensation. In very few circumstances, the courts could extend this limit. For instance:
- If a victim is a minor when an injury occurs, they have 2 years from their 18th birthday to file a claim
- If an injury goes undiscovered you have 2 years from the date of discovery, for instance, if an accident left you with a back injury that doesn’t present symptoms until months later, or if a surgical tool is left in a body cavity and remains undiscovered until it causes an infection or other medical problem
It’s best to file a personal injury claim as soon as possible to ensure all deadlines are met. Once you have the information you need to understand the full scope of your damages, contact an attorney to help you file your claim in a timely manner.
Austin Personal Injury Case Results
- Shaw Cowart recently was able to resolve a case for an injured client involved in an 18-wheeler accident for in excess of $200,000.
- Shaw Cowart obtained defendants in the amount of $100,000 for personal injuries incurred in an accident.
- Shaw Cowart received a $100,000 judgment for a client who received injuries as a result of an automobile accident.
Personal Injury Client Testimonials
- “I cannot begin to express my appreciation of this firm. They listened to me, worked for me, and led me through a very emotional personal injury claim. Through their honest advice, they kept me on target.”
- “It was a long journey because of COVID, but everything prevailed just fine. Thank you again and many blessings to everyone.”
- “They made the process very easy. They answered my questions and walked me through my first lawsuit step by step.”
Contact An Austin Personal Injury Lawyer Today
At Shaw Cowart, LLP, our Austin personal injury attorneys are here for you. If you or a loved one were injured because of the actions or negligence of another person, do not hesitate to contact us. We will do everything in our power to help you recover the compensation you deserve.
If you retain us, we operate on a contingency basis, meaning we only charge a fee if you win. We serve Austin and nearby areas of Texas. Call 512-499-8900 today to schedule your free, no-obligation consultation. You can also fill out the form on our contact page, and we’ll help you set up your appointment.
Areas We Serve:
Downtown | South Congress (SoCo) | Zilker | East Austin | Barton Hills | Travis Heights | Clarksville | Hyde Park | Tarrytown | Bouldin Creek | Mueller | Crestview | Allandale | Rosedale | Brentwood | Windsor Park | South Lamar | North Loop | Cherrywood | East Cesar Chavez | Old West Austin | Pemberton Heights | Steiner Ranch | Circle C Ranch | Barton Creek | Avery Ranch | Clarksville | Travis Country.