Personal Injury Law

Personal Injury Experience

From day one, our diverse team of trusted and local lawyers will fight on your behalf for the one-on-one care your case and life deserve. Whether you’re a victim of a car accident, medical malpractice, seeking worker’s compensation, are the personal representative of a wrongful death victim, or more, our personal injury lawyers at M. Avery Austin III are exceptional and prepared to fight for the compensation you deserve. Our law firm will represent you and we know that every legal case is always…personal.

We will always:

  • Determine the value of the damages incurred
  • Negotiate compensation that best suits the interests of our clients
  • Evaluate each case closely to know when it’s time to go to trial

If you or someone you love has been injured as a result of recklessness, negligence, or carelessness from another individual in Texas, then turn to the trusted and local lawyers at Austin Law PLLC.

Your Personal Injury Claim

Do You Have a Claim?

If you were injured due to someone else’s negligence, you should speak to a reputable attorney who can assist you with determining the viability of a claim.

If the damage amount or possible recovery amount is not significant, you may find that the attorney’s cost to defend your claim may outweigh what you can recover.  Small claims court is an alternative, where you can represent yourself without legal representation.

What Should I Do To Prepare?

Preparation is key!  If you are a victim of an accident, you should compile as much documentation & evidence to support your claim.  Examples include:

  • Police or official reports documenting the incident
  • Photos, videos, or audio that illustrate what occurred at the scene, damage to property, injuries, conditions, witnesses
  • Witness statements, journals, notes or victim statements
  • Medical records, physical evidence
  • Insurance information, medical bills, repair receipts, estimates

Stage 1: Summons & Complaint

After filing a fee, the complaint is filed which “begins” the lawsuit process.  A complaint includes the parties involved, legal basis for the jurisdiction of the suit, the legal claim and facts related to the claim.

Stage 2: Answer

Once the complaint and summons are filed and served, the opposing party must respond in a certain amount of time (varies by  the court and location).

The  response to the complaint is called the “answer.” The answer addresses each paragraph of the complaint by admitting or denying the allegations contained in the complaint.

Stage 3: Discovery

This allows both parties  access to all relevant information including requests for production (one party asks the other to produce copies of relevant documents), requests for admission (party may ask the other party to admit or deny any material fact), interrogatories (questions submitted from one party to another), depositions (attorney for one party will ask the other party (or a witness) questions under oath, and mental or physical examination of a party whose condition may be relevant to the case.

Stage 4: Motions

Prior to a trial, parties may use motions to request the court to act or rule on termination of the suit or on a specific part of the case.  Examples of motions are:

  • Motion for summary judgment
  • Motion for default judgment
  • Motion for change of venue
  • Motion to compel  

Stage 5: Pre-Trial Negotation

In an attempt to resolve the matter before a trial, negotiations may be conducted, which may include:

  • Mediation – includes a third-party to meet with parties privately to discuss strengths/weaknesses of their case
  • Arbitration – includes a third-party to conduct a mini-trial to settle dispute
  • Settlement – where lawyers meet and discuss the case, make offers and counter-offers to settle the case.

Stage 6: Trial

A civil trial consists of these main phases:

  • Choosing a jury
  • Opening statements
  • Witness testimony and cross-examination
  • Closing arguments
  • Jury instruction
  • Jury deliberation and verdict

Stage 7: Judgment

When a judge has awarded damages, the instruction to the defendant includes a court order to pay the amount of the judgment, which may be by way of wage garnishment, property liens, or requests of discovery to determine assets or sources of income to pay the judgment.

Stage 8: Appeal

If a party doesn’t agree with the result of the trial, they can appeal the decision to a higher appellate court.

After reviewing the briefs and the record, the appellate court will release an opinion to affirm or reverse the lower court’s decision.