Marshall Personal Injury Lawyer
A personal injury lawyer in Marshall, Texas, can help you when you need it most. Knowing who to turn to for help is one of your most important decisions following a serious accident. Find out how an injury lawyer in Marshall can help your family recover the compensation you deserve.
Experienced Personal Injury Lawyers Assisting with Any Injury or Accident
Personal injuries can happen when you least expect them, and they can have serious implications on your family's lives. Following a serious injury, many people face economic hardship or uncertainty. This is due to mounting stress related to lost wages, medical bills, pain, medication, and the pressure of an uncertain future. In Marshall, TX, you can pursue compensation as an injured victim when a negligent party causes your injuries.
However, holding the negligent party accountable is difficult when dealing with the emotional distress, intense physical pain, and confusion that may accompany your injury. What is the most effective way to pursue the compensation you deserve when you are at your worst?
Personal injury lawsuits can be complex and overwhelming, even for the most astute and capable victims. When juggling multiple injuries and concerns, hiring skilled legal representation is often the best route. Hiring a Marshall personal injury attorney can help take the stress off you while providing you with an attorney ready to fight for the compensation you deserve.
The Marshall personal injury legal team at Morris & Dewett Injury Lawyers understands your hardships. We know what injured victims battle with when they attempt to receive fair compensation. We are here to vigorously fight for your rights. Whether a motor vehicle crash or a work-related accident is the cause of your injury, our Marshall personal injury attorneys can help.
Why Choose Morris & Dewett Lawyers for Your Personal Injury Case?
Following a devastating personal injury, you need informed guidance, advice, and representation from a lawyer well-versed in cases like yours. The Marshall personal injury lawyers at Morris & Dewett Injury Lawyer can help. We understand the finer nuances of Texas personal injury law and boast a record that depicts our success:
- Oilfield personal injury: $409 million
- Oilfield personal injury: $31.5 million
- Motor vehicle injury: $4 million
- Large truck injury: $2.75 million
- Semi truck injury: $2.4+ million
- Multiple vehicle injury: $2.2 million
- And more
We also have more success stories in cases such as:
- Sexual abuse
- Premises liability
- Medical malpractice
While advocating for our clients, we have recovered hundreds of millions of dollars in verdicts and settlements. We are members of the Multi-Million Dollar Advocates Forum and have more than 1,200 five-star client reviews.
What Is Personal Injury Law?
Tort law, or personal injury law, as it is more commonly called, is designed to protect you when another party negligently injures you or damages your property. The goal of personal injury law is to make the innocent victim whole again and compensate them for damages incurred.
In a personal injury case, the victim pursues compensation from the defendant who harmed them. If the plaintiff or victim is successful, one of two outcomes will occur. Either the two parties will reach an out-of-court settlement, or the court will award the victim a specified amount of damages to compensate for the victim's damages.
What Are the Common Injuries in Personal Injury Cases?
The actual injuries from personal injury lawsuits vary wildly. These injuries may be temporary or lifelong. They could result in a few days of salary loss or prevent you from working in your chosen profession ever again. These injuries generally fall into two categories: bodily injuries and injuries of the mind.
Common bodily injuries include the following:
- Broken and fractured bones
- Internal organ damage
- Lung damage
- Road rash
- Skin damage
- Spinal cord damage
- Toxic exposure
- Traumatic brain injuries
- Wrongful death
Your injuries do not need to be physical to qualify you for compensation. Some accidents are not visible but psychological. An accident can cause you to suffer physical and psychological injuries that can have long-term negative impacts.
Common psychological injuries following personal injury accidents include the following:
- Adjustment disorder
- Post-traumatic stress disorder
- Suicidal thoughts
- Trouble sleeping
What Are the Most Common Types of Personal Injury Law Claims
If the negligent actions of another party have injured you, you may be eligible to bring a personal injury claim. Common personal injury claims include the following:
- Wrongful death
- Workers' compensation
- Truck accidents
- Offshore accidents
- Motorcycle accidents
- Construction accidents
- Catastrophic accidents
- Car accidents
- Bus accidents
Not every personal injury claim fits neatly into a box. Even if your accident is less common or unique, a Marshall personal injury lawyer can analyze your case and help you with the legal claims process.
The Personal Injury Claims Process in Marshall, TX
Each personal injury case is unique. Some plaintiffs may receive an acceptable settlement offer after filing their claim, while others may not receive any offers and proceed straight to trial. An average personal injury claim in Marshall generally proceeds as follows.
1. Initial Consultation
The first step in many personal injury claims is to meet with a Marshall, Texas, personal injury lawyer. You may meet with one or several until you find the right attorney for your case. During this consultation, you will tell your story and have a chance to get your questions answered. The attorney will also ask you questions to dig deeper into your case.
Common topics include the extent of your injuries, expenses related to your injuries and property loss, and details about the accident.
If you and the lawyer decide the claim is worth pursuing, you will sign a retainer agreement. The Marshall personal injury lawyers at Morris & Dewett Injury Lawyers operate on a contingency fee basis, so you will owe nothing upfront. You will owe nothing until we win damages or you accept a settlement.
2. Filing the Claim
Once the formalities have concluded, our personal injury lawyer will contact the relevant parties to report the accident and inform them of your legal representation. Your attorney will then officially file your claim.
3. Evidence Collection
Some claims require mountains of evidence, while others need little to strengthen the victim's case. Many claims fall somewhere in the middle. Your attorney will collect the necessary evidence, such as photos, police reports, witness testimonies, and medical records. Depending upon the required evidence, your lawyer may hire experts to assist with this process.
4. Writing a Demand Letter
Once your lawyer gathers the evidence, they will have a more robust understanding of your claim. They will have created a list of damages and potential reasons for the negligent error. Your attorney will send a settlement demand letter to the negligent party, the insurance company, or their legal representatives.
5. Offers and Settlement Negotiations
After receiving your settlement demand letter, the negligent party often responds with a counteroffer. Negotiations will ensue regarding your potential settlement. Your lawyer will communicate all critical information throughout this process, allowing you to decide which offers are reasonable.
If the other party offers an agreeable settlement amount, you will sign a release of all claims agreement. This agreement prohibits you from pursuing compensation in the future. If you cannot agree on a settlement, your lawyer will file a lawsuit.
6. Filing a Lawsuit
If the other party fails to offer reasonable compensation, you can refuse their offers. Your lawyer will then file a complaint with the Marshall courts. This complaint summarizes your claim, identifies you as the plaintiff, and names all defendants. Your attorney will arrange for your defendants to be served with a copy of the complaint. They must respond to this complaint by either admitting or denying fault.
7. Discovery and Mediation
This stage is pre-trial. During discovery, your lawyer and the opposing party investigate the facts of your case. During mediation, a mediator may attempt to help you reach a reasonable settlement agreement before the case proceeds to trial.
8. Going to Trial
If you still have not received an acceptable settlement offer, your Marshall personal injury attorney will advocate for you relentlessly in court. Following the court trial, your case will conclude with a verdict. The verdict addresses who was liable, to what degree, and the damages you are owed.
Although the process may sound overwhelming, having an experienced personal injury lawyer by your side can significantly reduce your stress. Throughout your case, your lawyer will handle all major tasks. Your main role will be to focus on your recovery and determine whether settlement offers are acceptable.
How to Prove Negligence in a Marshall Personal Injury Case
Negligence is an important factor in personal injury cases. Negligence assumes that we owe it to others to act reasonably and responsibly. Someone may make a mistake causing your injury, but that does not guarantee their mistake was negligent. To win your lawsuit, you generally must prove the offending party was negligent.
To prove negligence in Marshall, Texas, and win your case, you must prove the following:
- Duty of care: The defendant owed you a certain duty of care, this could be the duty of care that a doctor owes their patient, or an employer owes their employee.
- Breach of duty: The defendant acted in a way that breached their duty of care to you.
- Causation: The defendant's actions caused your damages.
- Damages: You suffered harm or economic loss because the defendant breached their duty of care.
You must prove each of these elements to prevail in your legal claim. For example, it is not enough to claim that your doctor owed you a duty of care and acted negligently and breached that duty. If you did not suffer damages or your doctor's actions did not cause your damages, your case will not prevail.
Negligence Per Se
Negligence per se is a doctrine of tort law. Under the theory of negligence per se, the court presumes the defendant's negligence if they violated a regulation or statute designed to protect public safety and that violation caused damages.
Examples of negligence per se laws in Marshall, Texas, include the following:
As the plaintiff, negligence per se does not require you to prove the defendant acted carelessly or recklessly.
A possible defense to negligence per se claims could arise if the defendant can prove that the violation was necessary. For example, speeding to get someone to the hospital for a serious health concern falls under this category.
Other defenses could include the following:
- Act of God
- Contributory negligence by the plaintiff
- Release agreement
- Assumption of risk
- Statute of limitations
Negligence per se torts are generally easier to prove than intentional torts, as the defendant's negligence is assumed if you can prove they broke the associated law.
An intentional tort is a willful act or omission that results in damages. Examples of intentional torts in Marshall personal injury claims include:
- Sexual Assault
- Wrongful death from intentional acts
- Intentional infliction of emotional distress
While intentional tort cases can be more complex than negligence per se claims, you should not write them off. An experienced injury lawyer in Marshall can assess your claim and discuss your legal options for recovery.
What Damages Are Available to Marshall Accident Victims?
One of the most important aspects of the personal injury lawsuit is the availability of damages. Filing a legal claim is a serious decision you should not take lightly. It is reasonable to want to know what you stand to gain from your decision.
The following damages are available to Marshall personal injury victims:
- Economic damages: These losses have a quantifiable dollar amount, such as medical expenses, lost income, and property damages.
- Non-economic damages: These losses are difficult to quantify but important, such as pain and suffering, grief, loss of consortium, and loss of enjoyment of life.
- Punitive damages: These damages are awarded at the court's discretion to punish the defendant for particularly inexcusable acts and deter other potential offenders. Punitive damages are more common in intentional tort cases. They can be substantial when the court awards them.
No one can guarantee the exact damages or amounts the court will award you. However, your Marshall personal injury attorney can analyze your claim and offer an educated idea of what damages the court may award you based on previous, similar claims we have experienced.
How Morris & Dewett Injury Lawyers Can Help
Our Marshall legal team is comprised of compassionate and knowledgeable personal injury attorneys who will advocate vehemently for our clients. We understand your situation because we have seen it before. Let us take the stress off your shoulders by leveraging our many years of experience and vast resources. We want you to win, and we'll stand by your side from start to finish.
Our skilled lawyers will help you with the necessary tasks, including:
- Conducting a thorough investigation
- Determining liability
- Gathering and analyzing crucial evidence
- Calculating your total damages
- Questioning witnesses
- Contacting expert witnesses
- Handling all communication with defendants and insurance companies
- Advocating for your case in court
While you can do each of these tasks without legal representation, many clients find that hiring a lawyer and focusing on recovery is the optimal plan.
Frequently Asked Questions (FAQ) in Marshall Personal Injury Lawsuits
Our clients commonly ask the following questions regarding personal injury lawsuits in Marshall, TX.
What Is the Filing Deadline for a Marshall Personal Injury Claim?
Generally, the statute of limitations for personal injury claims in Marshall, Texas, is two years. However, there are some exceptions. A Marshal personal injury attorney can verify your claim's filing deadline.
Can I Afford a Personal Injury Attorney in Marshall?
Yes. The attorneys at Morris & Dewett Injury Lawyers operate on a contingency fee basis. This means their fee will be taken from your damages or settlement only when they secure compensation. You owe nothing until you receive compensation.
What Should I Do After a Personal Injury?
It is important to seek out a Marshall personal injury attorney ASAP to ensure your case's success is prioritized immediately. Each case is unique. However, generally, you should follow these steps:
- Seek immediate medical attention
- Report the accident
- Exchange information with the witnesses and involved parties
- Gather evidence
- Contact an injury lawyer
Will My Marshall Personal Injury Case Proceed to Trial?
It is impossible to predict the outcome of your case. However, most of our personal injury claims settle outside the court. Our Marshall personal injury lawyers are aggressive litigators and seasoned negotiators who are ready to fight for you inside or outside the courtroom.
How Do I Know If I Have a Personal Injury Case?
The quickest, easiest, and least expensive way to determine the viability of your personal injury claim is to schedule a free consultation with an experienced Marshall personal injury lawyer.
Contact a Marshall Personal Injury Lawyer Today
At Morris & Dewett Injury Lawyers, we have a long-standing reputation for excellence in personal injury law. Our reputation is built on our deep understanding of personal injury law, a solid foundation of professionalism, and our outstanding record of winning cases for injured clients.
Contact us today at (888) 492-5532 to arrange your free consultation with one of our top-rated Marshall personal injury attorneys.