Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Austin is known for a lot of things. It’s the live music capital of the world and home to the South by Southwest festival. It’s the capital of Texas and it’s got thriving food and nightlife scenes.
It’s also one of the fastest growing cities in the country. With a population approaching 1 million and one of the busiest interstates in the country—I-35—passing right through it, Austin is a city where you might need to find a personal injury attorney.
Luckily, we’ve put together a list of the best personal injury lawyers in Austin, so if you need legal help you can start here. We’ve also provided some advice on how to pick the personal injury attorney that’s best for you and your specific needs.
Read more
Show Summary
- Best Austin Personal Injury Lawyers Of 2024
- Compare Our Top Austin Personal Injury Attorneys
- Texas Personal Injury Laws
- How to Find the Best Austin, Texas Personal Injury Lawyer
- How Austin Statutes Affect Personal Injury Claims
- What Is Covered by Personal Injury Law in Austin?
- Do You Pay Taxes on Personal Injury Settlements in Austin?
- How Long Do You Have to File a Personal Injury Claim in Austin?
- How Long Does It Take to Settle a Personal Injury Case in Austin?
- Methodology
- Frequently Asked Questions (FAQs)
Best Austin Personal Injury Lawyers Of 2024
Compare Our Top Austin Personal Injury Attorneys
Texas Personal Injury Laws
Statute of Limitations in Austin, TX
If you’ve been injured in Texas, it’s important to know the state’s unique laws to ensure you receive fair compensation. For starters, there’s the Texas Statute of Limitations, which requires you to file a personal injury case within two years of the initial injury. This deadline is crucial, as missing it could mean forfeiting your right to file a claim altogether.
The two-year limit is not, however, the only time limit to consider. There may be different rules if a state or local government is involved in the injury. The city of Austin, for example, requires notice within 45 days if you are planning to claim an injury was caused by a city of Austin employee or vehicle.
Determining Fault in Austin
Texas determines fault using the modified comparative negligence rule, which means that damages are awarded based on each party’s degree of fault. For example, if you were found to be 10% responsible for a car accident, you would only receive 90% of the damages you’re owed. If the state followed a pure comparative negligence model, the other party would recover 10% of their damages, but the modified comparative negligence rule bars recovery if you were 50% or more responsible for the accident.
Texas Dog Bite Liability
Texas doesn’t have a civil statute that deals with dog bites. Instead, dog bite liability is defined by case law in two relevant cases.
The first case determined that a defendant is liable if they were aware that their dog had violent tendencies, either because it had previously bitten someone or attempted to attack someone. In this situation, the defendant is liable for a dog bite even if they take measures to prevent it.
The second case determined that a defendant could be liable for their dog biting someone, even if they weren’t previously aware of any aggressive tendencies in the dog. In this scenario, the defendant is liable if the dog bites someone and that bite was a result of irresponsible or negligent behavior by the owner.
Texas Limits on Personal Injury Recovery
For the most part, Texas does not cap personal injury awards. However, there are three exceptions to this rule.
Texas has some caps for medical malpractice cases. While there are no caps on treatment costs or lost wages, there are caps on non-economic damages, such as pain and suffering. These caps are set at $500,000 overall, with a limit of $250,000 per defendant. In cases of medical malpractice resulting in wrongful death, the cap is around $2 million due to inflation adjustments.
Texas also caps punitive damages. These are capped either at $200,000 or double the value of economic damages plus the value of non-economic damages (maximum $750,000), whichever is higher.
Finally, Texas also caps damages in awards against a government organization. These caps limit compensation to $250,000 per person and $500,000 per incident.
How to Find the Best Austin, Texas Personal Injury Lawyer
Sustaining a personal injury can be a traumatic experience, both physically and emotionally. Along with the stress of the injury itself, you may find yourself dealing with insurance companies, medical bills and lost wages. In such cases, it is essential to have the right personal injury attorney by your side. Here are some tips on how to find the best personal injury lawyer in Austin.
Ask About Relevant Experience
The first thing to look for when choosing a personal injury lawyer is relevant experience. Not all attorneys have experience in handling personal injury cases, so it is important to find someone who does. Ask about their track record and the types of personal injury cases they have worked on in the past. This will give you a good idea of whether or not they are the right fit for your case.
Find Out About Fees and Costs
Another important factor to consider when choosing a personal injury attorney is the cost. Some lawyers charge by the hour, but for personal injury law most work on a contingency fee basis. It is important to find out the lawyer’s fee structure and how much they charge for their services. This will help you determine if the attorney is within your budget and if their fees are reasonable.
While most personal injury attorneys work on a contingent fee basis, the percentage they charge can vary. Be sure you know what the fee arrangement is before agreeing to representation.
Make Sure Their Communication Style Matches Your Needs
Effective communication is critical to the success of any attorney-client relationship. It is essential to find an attorney whose communication style matches your needs. Some attorneys may prefer to communicate primarily through email, while others prefer phone calls or in-person meetings. Choose an attorney who is willing to communicate in a way that works for you.
Learn About Their Professional Reputation
When it comes to choosing a personal injury attorney, reputation matters. Do your research and look for reviews from past clients. You can also check with the State Bar of Texas to see if the attorney has any disciplinary actions against them. A lawyer with a good reputation is more likely to provide you with quality legal services.
Don’t be Afraid to Meet Multiple Attorneys to Find the Right One
Finally, don’t be afraid to meet with multiple attorneys before making your final decision. Many attorneys offer free consultations, so take advantage of this opportunity to meet with several lawyers and get a feel for their experience, communication style, and personality. This will help you find the right attorney for your personal injury case.
How Austin Statutes Affect Personal Injury Claims
The right to recover damages from another party when they injure you is granted by the U.S. Constitution. However, state laws define how that right can be used to make a personal injury claim. Texas personal injury laws dictate all of the following:
- Who can be sued
- How long a claimant can wait before filing a lawsuit
- Where a claimant must file a claim, and what court will judge the lawsuit
- How much compensation can be obtained from a lawsuit
- What evidence can be used to prove fault
- What elements must be proven to win a claim
Typically, the victim of a personal injury isn’t familiar enough with Texas personal injury laws to navigate the legal process. This is why most claimants hire Austin personal injury lawyers to represent their cases when they are injured in or near the capitol.
What Is Covered by Personal Injury Law in Austin?
There are many areas of civil law ranging from contract disputes to personal injury claims. Furthermore, personal injury law covers an extremely wide range of activities. However, the following are some of the more common examples of actions covered by Texas personal injury laws:
- Automobile accidents
- Assault and battery
- Domestic abuse
- Libel or slander
- Premises liability claims
- Workplace accidents
- Sexual assault claims
- Slip and fall injuries
- Wrongful death
- Medical malpractice
- Product liability and defective product claims
While these may seem like very disparate topics of law, they all have something in common. In each of these claims, one party either intentionally or negligently harmed another party (physically, emotionally or both) and the resulting harm can be assigned a significant monetary value.
Do You Pay Taxes on Personal Injury Settlements in Austin?
The IRS taxes individuals for income. According to the IRS, a personal injury settlement or jury award only counts as income in specific, limited circumstances.
The first circumstance can occur when a litigant receives compensation for medical bills that were paid in past years. If the litigant claimed a tax deduction for those medical bills in the year that they paid them, then they must pay taxes on that portion of any settlement they received. However, any compensation for medical costs from the current tax year or past years that weren’t claimed as a deduction isn’t taxed.
The second circumstance can occur when a litigant receives compensation for emotional distress or mental anguish. If that harm resulted from a physical injury, the IRS does not tax that compensation. However, if it didn’t result from a physical injury, the IRS treats that compensation as income and taxes it appropriately.
The third situation is when a person receives compensation for lost wages. These are taxed since they are considered income.
How Long Do You Have to File a Personal Injury Claim in Austin?
For most personal injury claims, you have two years from the date you suffered an injury to file a lawsuit. However, there are several exceptions to that in Texas law.
One exception is libel and slander claims. In these personal injury claims, you only have one year from the date of the actions to file a lawsuit. However, since libel and slander can be an ongoing action, that means you have one year from when the libel or slander ends, not from when it begins.
There is also a unique time limit for product defect claims. Typically, you have two years from when you are injured to file a claim. However, Texas has a statute of repose that places a hard limit on how long you have to file a claim. That hard limit is 15 years from the date of sale or lease of the product. Thus, if you were injured by a defective product 14 years after buying it, you would only have one year to file a lawsuit.
Finally, Texas has special rules regarding time limits for people who suffer mesothelioma due to asbestos exposure. These time limits are based on when mesothelioma is diagnosed rather than when the individual was exposed.
For personal injury claims, the limit is two years from the diagnosis. Litigants similarly have two years from the death of a loved one who died of mesothelioma to file a wrongful death lawsuit. Finally, product liability claims for mesothelioma victims must be filed within 10 to 15 years of the date when the victim was last exposed to a product with asbestos.
How Long Does It Take to Settle a Personal Injury Case in Austin?
Every personal injury case is different. Because of this, it is almost impossible to accurately determine how long a generic case will take to settle. The best Austin personal injury lawyers can usually provide a good estimate of how long it will take to settle your case once they are familiar with the details.
The main factor determining how long a case takes to settle is how seriously the victim was injured. Typically, personal injury lawyers in Austin will avoid negotiating a settlement until their client has fully recovered and all costs and expenses can be tabulated. Thus, if it takes less than two years for a client to recover, the case will usually be settled a few weeks or months after the recovery.
However, when the injury requires more than two years of recovery, the situation might change. In those circumstances, the statute of limitations requires the attorney to file a lawsuit or negotiate a settlement before it runs out. Quite often, an insurance company will negotiate a settlement to avoid going to court, which means that cases involving serious injuries often settle around the two-year mark.
The longest cases are those that go to trial. These cases may be settled before the trial ends. However, whether they settle or go to verdict, cases that go to trial often don’t result in compensation for the victim for years.
Methodology
To come up with the Best Personal Injury Lawyers in Austin in 2024, Forbes Advisor considered many options. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
Do I have to go to court for my personal injury case?
Not necessarily. Many personal injury cases are settled out of court through negotiations between the parties involved. However, if a settlement cannot be reached, the case may go to trial. As the plaintiff, you would likely be required to appear at trial and may have to testify under oath.
How long does it take to resolve a personal injury case in Austin, Texas?
The length of time it takes to resolve a personal injury case in Texas can vary depending on the complexity of the case, the severity of the injuries and other factors. Some cases may be resolved in a matter of months, while others may take years to reach a settlement or judgment.
What types of cases do personal injury lawyers handle in Austin, TX?
Personal injury lawyers in Texas handle a wide variety of cases, including car accidents, truck accidents, motorcycle accidents, slip and fall accidents, medical malpractice, product liability and wrongful death cases. Because personal injury is such a broad area of legal practice, it’s essential that you find an attorney with experience dealing with your specific type of injury case.
How much does an average Austin personal injury lawyer cost?
By some ways of calculating cost, the average Austin personal injury lawyer is free. This is because personal injury lawyers in Austin take their cases on contingency. This means that they only get paid if they get compensation for their client, and their fee is a percentage of the compensation they get for their client. Thus, their client always ends up with equal or more money than they started with.
But that assessment doesn’t explain how much the lawyer is paid if they are successful. The typical Austin personal injury lawyer charges a contingency fee that is between 33.3% and 40%.
Usually, if the lawyer obtains a settlement before the case goes to trial, then their contingency fee is the lower value. However, as soon as a lawsuit is filed, even if the attorney never steps foot in court, and even if it eventually ends in a settlement, the contingency fee usually increases to 40%.
Some lawyers charge as little as 25% and as much as 50% for contingency fees. Regardless of what fee an attorney charges, they are required to put it in writing before taking your case, and you must agree to those fees in advance.
What happens if I miss the deadline for filing my Austin personal injury lawsuit?
If you miss the deadline for filing a personal injury lawsuit in Austin, the judge presiding over the case can dismiss the case with prejudice. This means you can’t file the case again, and you no longer have a legitimate claim against the defendant.
There are situations where a deadline is unclear, though. In these cases, the judge presiding over the case will listen to evidence from both attorneys and determine whether the deadline has passed or not. Additionally, there are ways to extend a deadline.
Finally, missing a deadline also has non-legal consequences. An insurance company will not negotiate a settlement (or continue ongoing negotiations) if the deadline has passed.
Are there extensions for the Austin personal injury statute of limitations?
There are several legal reasons to extend the statute of limitations for personal injury claims in Texas.
The first reason is based on the discovery rule. This rule states that the statute of limitations begins when the victim of an injury first became aware of or should reasonably have become aware of that injury. This most often applies in medical malpractice cases where a victim may not discover malpractice occurred for years or decades.
The second reason the statute of limitations may be extended is that the injured person was under a legal disability or not of sound mind when they were injured. In this situation, the time limit is paused until that is no longer true. Anyone who is under the age of 18 is considered legally disabled by law until their 18th birthday.
Furthermore, the statute of limitations is extended if the defendant leaves the state during the time covered by the statute of limitations. Any time that the defendant is not in the state won’t count toward the time limit. When the defendant returns, the time limit starts again.
Finally, if the defendant uses fraud to hide the injury or that they were the cause of the injury, the statute of limitations can be extended by the duration of that fraud.
