Personal Injury Lawyers

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How Can Our Personal Injury Lawyers Help?

If you or a loved one suffered a catastrophic injury or was a victim of wrongful death due to the negligent actions of a company or person, contact the dedicated personal injury attorneys of Miller Weisbrod Olesky.

Have You Been Injured in an Accident?
Call a Personal Injury Lawyer Today!
(214) 987-0005

When someone else's negligence causes an accident that results in serious personal injury, the victim has the right to seek compensation for not just medical and wage loss but all of their injuries and damages. Some law firms handle cases with minor injuries and have lots and lots of clients.

Miller Weisbrod Olesky handles the most catastrophic personal injury cases; preparing those cases for trial so their clients get the largest possible settlement for their type of case.

Our nationally recognized legal team understands that filing a claim or lawsuit will not restore you to your previous self, but we can help you demand accountability from those responsible and allow you to concentrate on getting your life back on track while we pursue the maximum recovery (whether it be by trial or settlement) for your loss.

No matter what type of accident caused you harm, our personal injury lawyers combine decades of experience to help personal injury victims and their families nationwide pursue real financial recovery through several types of personal injury and wrongful death claims.

We have hundreds of million dollar plus personal injury recoveries for real people and their families.

Construction Accident Verdict:
A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly.

He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.

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With a proven track record of success in litigating complex and high-profile cases in Texas and across the country, partners Clay Miller, Les Weisbrod, and David Olesky have established themselves as accomplished advocates for those seriously injured and their families.

Both Clay and Les are Board Certified in Personal Injury Trial Law throughout the state of Texas. A process that requires a number of personal injury jury trials and a rigorous exam. Less than 2% of Texas attorneys are Board Certified.

The personal injury attorneys at Miller Weisbrod Olesky maintain a dedication to justice and their clients cause have earned them numerous accolades and a reputation for excellence.

Find out more about how we can help by calling our offices at (214) 987-0005 or completing our online request form.

Million Dollar Results

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What is Personal Injury Law?

Personal injury law covers situations where a person's body, mind, or emotions are hurt due to someone else's negligent or careless actions. The legally responsible or "liable party" refers to the person or entity (i.e., a business) who caused the accident.

Some common types of personal injury claims include trucking accidents, car accidents, construction accidents, workplace accidents and premises liability cases.

If you or a loved one suffered a catastrophic injury or wrongful death after a preventable accident, you should contact our dedicated personal injury lawyers as soon as possible.

An attorney with a long history of successful results in personal injury lawsuits and trials can determine the validity of your case and ensure you receive full and fair compensation for any injury-related expenses and other losses. Let our lawyers guide you through the entire process, from the initial consultation to the resolution of your case.

What is a Catastrophic Injury?

A catastrophic injury is a severe injury to the spine, spinal cord, or brain. It may also include skull or spinal fractures.

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What is a Wrongful Death?

A wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute.

In wrongful death cases, survivors are compensated for the harm and losses they have suffered after losing a loved one.

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Types of Personal Injury Claims We Handle

The personal injury lawyers at Miller Weisbrod Olesky have successfully handled various types of claims on behalf of clients. Whether you have been involved in a car accident, suffered a workplace injury, or were the victim of medical malpractice, we are committed to providing you with the highest quality legal representation.

Miller Weisbrod Olesky handle several types of personal injury claims, including:

Interstate 35
An 18 Wheeler was traveling through Austin to drop off its load, and crashed into our client on Interstate 35. The attorneys of Miller Weisbrod Olesky held the trucking company responsible for deaths of 2 people from Mexico.

I-35 through Austin one of Texas' 10 Most Dangerous Highways

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JURY VERDICT ALERT!

Firm partner Clay Miller and his trial team traveled to Seattle, Washington for a 6 ½ week trial against an Alaska-based Airline. Following a hotly disputed trial, the jury returned a verdict for $16,900,000 for a Washington family against the Defendant Peninsula Aviation Services, Inc. (“Pen Air”) for a runway overrun crash that occurred in the Aleutian Islands.

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What are the Most Common Types of Personal Injuries?

Those filing personal injury claims have typically endured some of the most painful and severe injuries imaginable. Victims of car accidents, workplace incidents, and medical malpractice often face long-term physical and emotional repercussions. This can include chronic pain, disability, and mental health issues such as anxiety and depression.

Some of the most common injuries we handle in personal injury cases include:

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Spinal Cord Injuries

Spinal cord injuries can result from severe accidents, such as car accidents, workplace accidents, or construction accidents, these injuries can lead to severe consequences such as paralysis or quadriplegia.

Victims of spinal cord injury accidents may require lifelong care and rehabilitation.

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Traumatic Brain Injuries

Traumatic Brain Injuries (TBIs) are often caused by trucking accidents, car wrecks, fall accidents, and other serious accidents resulting a brain injury. These may or may not involve skull fractures.

Common Personal Injuries

• Broken and fractured bones
• Burns
• Internal bleeding
• Disfigurement
• Loss of limbs or amputation
• Severe lacerations or puncture wounds
• Neck injuries and whiplash
• Wrist, hand, and shoulder injuries
• Knee, foot, and ankle injuries

Failing to obtain quality medical care for these serious injuries can drastically alter victims' lives, impacting their ability to work, enjoy daily activities, and maintain relationships. It is crucial for those affected to protect their rights by seeking legal representation right away.

A skilled personal injury attorney can assist not only in pursuing your case but connect you with highly specialized doctors who can treat your specific injuries immediately.

How to Know if You Have a Personal Injury Case?

Filing a personal injury claim or pursuing a lawsuit allows victims to seek compensation for damages they have suffered due to avoidable accidents caused by another person's negligence or intentional harm. The best way to determine if you have a personal injury case is to consult a qualified personal injury lawyer who can evaluate the specifics of your situation and help you understand what you may be entitled to.

Depending on the circumstances of your case, you may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.

In Texas, you may have the ability to bring a personal injury claim if:

• You were involved in a truck accident or car wreck with a careless driver and were hurt
• You were injured on the job
• You were injured due to a dangerous condition while lawfully on someone else's property
• You were injured while using a defective product
• You were injured as a result of a medical professional's negligence

If you've experienced the wrongful death of a family member, you may also have the right to bring a personal injury lawsuit against the responsible party.

Personal injury cases can become complicated and if you suspect that you suffered catastrophic injuries or harm because of the negligence of another person or entity you should speak with an experienced personal injury attorney immediately.

Should I Hire a Personal Injury Attorney After an Accident?

Immediately following a serious or catastrophic injury, the last thing on the minds of many victims and their families is hiring a personal injury attorney to protect their rights.

But if you were hurt in an accident or a loved one was disabled or tragically killed due to another's negligence, rapid legal action is necessary to protect your ability to seek financial compensation.

Insurance companies’ goal is to use every tactic to undervalue or deny claims. They may try to achieve this by accusing you of sharing fault for the accident, failing to mitigate your damages, or alleging that you had a preexisting injury.

Hiring a personal injury lawyer who will handle all communications and negotiations with the insurers is the best way to combat these tactics and prevent you from saying anything that could hurt your claim.

You may believe you can wait and heal from your injuries before consulting with a personal injury lawyer but understand the insurance company is working hard gathering evidence to try to undermine your case.

Accident scene evidence is fading, disappearing, or being destroyed. Shouldn’t you have someone fighting for you and building your case while you recover?

When you hire our Texas personal injury lawyers, we will:

• Meet with you to discuss how the accident occurred, who the responsible parties may be, and how your injuries and losses have affected your life


• Thoroughly investigate the incident and determine whether you have a valid case


• Gather evidence such as photos, medical records, and police reports to substantiate your claims and the extent of the damages or injuries you’ve suffered


• Make sure you are evaluated by a trusted medical professional who can treat your injuries


• Document your losses and calculate their true cost


• Enlist expert witnesses to consult on your case and provide specialized knowledge as to the harm you suffered and how it has affected your life


• Answer any questions you may have and keep you updated on developments in your case


• Represent you during any conversations with the insurance company and the at-fault party


• File all necessary paperwork with the insurer and/or local court


• Handle negotiations on your behalf and protect you from unfound accusations that you share blame


• Reject unreasonably low settlement offers and take your case to trial if insurers fail to make reasonable offers or dispute liability entirely

No matter how straightforward your claim may be, one of the best things you can do after an accident is hire a skilled legal advocate.

At Miller Weisbrod Olesky, we go the extra mile to achieve successful outcomes for our clients by providing personalized support and tailored legal strategies designed to meet everyone’s unique needs.

Filing a Personal Injury Claim and Lawsuit: What to Expect

The steps you take immediately following an injury are essential in shaping the outcome of any subsequent legal claim.

* These steps may vary depending on the type of incident that caused your injuries or who may be at fault; however, most personal injury cases generally follow the same process.

Maximize your chances for a successful outcome by using the following step-by-step guide to better understand the claims process in Texas.

Document Injuries and Gather Supporting Evidence

Immediately following an accident, you should seek medical care, even if you think you're fine. Some serious injuries like internal injuries and brain trauma might not initially show external signs but can cause life-threatening consequences if left untreated.

Seeking treatment from your primary care physician or going to the hospital immediately after an accident also prevents the insurance company from arguing that your injuries aren't severe because of the delay. All records of any medical care and follow-up treatment you received after an accident can provide crucial proof of your accident-related injuries.

Examples of evidence that you should collect

• Pictures of your injuries
• Copies of police reports
• Video footage of the accident scene
• Statements and contact information of any witnesses
• Medical bills and reports

Bring these pieces of evidence to your initial consultation. With this information, your lawyer can better assess the strength of your case and provide advice on the next steps. Providing your attorney with a clear record of the extent of your injuries and other injury-related costs can also help them provide you with a more accurate estimate of the damages you may be eligible to receive.

Seek Legal Representation

As soon as possible you, or someone you trust on your behalf, should talk to an experienced personal injury attorney who can give you a better idea of whether or not you have a strong case due to someone else’s negligence.

During a free initial case review, one of our personal injury lawyers will listen to your story and help you make informed decisions about how to proceed. Next, we will gather evidence to support your case, negotiate on your behalf with the other party’s lawyer or insurance company, and defend your rights if your case goes to trial.

Although you are not required to have a lawyer to represent you, having an attorney on your side with a proven track record of success can increase your chances of securing the compensation you deserve.

Statistics show that people that are represented by a lawyer get 3 times larger settlements than those who try to handle the matter on their own. People that are represented by highly accomplished and experienced lawyers obtain even higher settlements.

Investigation to Prove Liability and Damages

Two key elements of a successful personal injury lawsuit are proving liability and the actual financial losses you suffered due to the accident. To accomplish this, your personal injury lawyer will review your medical records and treatment history.

In many cases, particularly where the defendant's (at-fault party) liability is contested, it may be necessary for your personal injury attorney to consult with experts like accident reconstructionist and medical professionals.

These experts can help you and your lawyer gain a better understanding of how your injuries have affected your life- both financially and personally. Such evidence often proves helpful to your attorney as they attempt to get a better picture of what happened, who may be at fault, and the full extent of the damages you've sustained.

At Miller Weisbrod Olesky our personal injury trial attorneys are assisted by a team of nurses so we can provide our clients with the highest level of representation.

Your personal Injury team also includes an in-house private investigator that will interview witnesses and review surveillance footage of your accident.

Open a Claim with the Insurance Company

Your personal injury lawyer will help you open up a claim with your insurance company as well as the responsible party's insurance company. Then, your attorney will send out a Letter of Representation (LOR) to notify the negligent party and their insurance company that you are filing a personal injury claim and are represented by legal counsel.

A LOR's purpose is to set communication guidelines as your claim progresses and kickstart the negotiation process for a settlement.

Claim Negotiations

After your personal injury attorney informs the other party about your claim, the insurance company or liable party may respond with an offer for settlement at a point in time when your future problems can be projected.

Miller Weisbrod Olesky's personal injry lawyers will discuss your options and advise you on when to refuse or accept an offer. Usually, both sides enter into a "back and forth" process with offers and counteroffers until either a compromise is reached or a lawsuit is filed and the case continues to trial.

Filing a Lawsuit

If the respondent (at-fault party) does not make an acceptable offer, the next step is to file a lawsuit with the appropriate Texas court. Filing a lawsuit does not mean you'll immediately go to trial, in fact, most personal injury cases are settled out of court.

Once the plaintiff serves a lawsuit against the defendant, it kicks off a process known as discovery. The discovery stage involves the opposing parties demanding information from each other in order to begin building their cases.

This information may include copies of documents the other party possesses, physical evidence, or submitting to a medical examination by a doctor of their choice.

The court will usually push for mediation if you and the other party still can't come to an agreement after gathering more information during discovery.

An appointed or agreed upon mediator presides over a meeting during this phase where each party's lawyer is allowed to present their side of what they think a jury will believe happened and what they believe the jury will decide the case is worth at trial.

If mediation is successful and the other party agrees to the plaintiff's proposed settlement or makes a counteroffer the plaintiff accepts, all parties will sign a settlement agreement drafted by the mediator that states the amount the other party will pay.

By accepting the settlement money the plaintiff promises not to pursue further damages for the accident. If mediation fails, the case may need to proceed to trial.

Taking Your Case to Trial

In rare cases, an "out of court settlement" will not be reached and the personal injury case will go to trial. Going to trial means a jury (or sometimes just the judge) will hear evidence and arguments from both sides before rendering a verdict.

The judge or jury will decide who is responsible for the accident and injuries and how much the defendant owes the plaintiff. In some cases, the losing side may choose to appeal the verdict.

A personal injury lawyer can provide invaluable support if your case goes to trial by preparing and presenting all necessary evidence, crafting compelling arguments, and ensuring that legal procedures are appropriately followed.

They will also cross-examine witnesses and may call upon expert testimony to strengthen your case and significantly influence the outcome in your favor.

The length of time it takes to resolve a personal injury case can vary significantly depending on factors such as the willingness of both parties to negotiate and the availability of evidence. If damages are minimal or the case can be resolved through negotiation, it is likely that the resolution will take less time.

Conversely, a case involving multiple defendants and victims may take longer to resolve. A personal injury attorney can provide valuable guidance on the best strategies to expedite the resolution and leverage their expertise to potentially shorten the time it takes to resolve your case.

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Proving Four Elements of Negligence

In order to prevail in a personal injury case, the accident victim must establish that the defendant owed a duty of care, breached that duty, caused an injury, and that injury led to damages.

Each element must be demonstrated with compelling evidence, including eyewitness testimony, medical records, and documented losses in order to win your personal injury lawsuit. Failure to prove any of the four elements can result in the plaintiff losing their personal injury case.

• Duty of care: A defendant will only be liable in a personal injury lawsuit if the plaintiff can prove that the defendant owed them a duty of care. Duties are based on either a law or a relationship. For example, a doctor owes a duty of care to their patients to provide competent medical care.
  
  Similarly, a driver has a duty to operate their vehicle safely and obey traffic laws to avoid causing car or truck accidents.

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• Breach of duty: In a personal injury lawsuit, the plaintiff must show that the defendant breached their duty of care by failing to act like a reasonable person under the given circumstances.
  
  A jury in a personal injury trial will decide what a reasonable person would have done, given the circumstances of the case, and determine if the defendant's conduct fell short of the standard of care.
  
  If the defendant did not act with reasonable care, the jury might find the defendant liable for damages.

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• Causation: The plaintiff must demonstrate that the defendant's actions were a direct and proximate cause of their physical injuries, damages, emotional suffering, and other accident-related losses to prevail in a personal injury lawsuit.
  
  Additionally, the plaintiff must show that their personal injuries were a foreseeable consequence of the defendant's conduct.
  
  For example, if a construction worker is injured due to faulty scaffolding provided by the employer, the worker must show that the employer's negligence in maintaining the scaffolding was directly responsible for the injuries sustained. This includes proving that the injuries would not have occurred if the scaffolding had been properly maintained.

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• Damages: To recover money in a personal injury lawsuit, plaintiff must be able to identify specific damages, such as medical expenses, a loss of income, or emotional distress, that they suffered because of the accident/injury.
  
  Proving the existence and extent of damages often requires the plaintiff to present concrete evidence such as medical records, expert testimony, photographs of injuries, witness statements, and records of lost wages.

There are many types of personal injury cases, and the specific standards of care can vary from one type to another. Additionally, in some cases, there may be more than one negligent party.

Our injury attorneys will invest our considerable experience and resources to identify all defendants in your case and advocate for the compensation you deserve.

Recoverable Damages in a Personal Injury Lawsuit

Through a personal injury claim or lawsuit, accident victims can seek compensation for economic or financial losses and non-economic damages. Economic or compensatory damages are intended to offset the financial losses and costs associated with the accident.

The plaintiff will need to support their claim for these types of damages by presenting receipts, invoices, wage statements, and other documentation.

Catastrophic injury lawsuit Compensatory Damages

Economic Damages

• Current and future medical bills
• Reduced earning capacity
• Lost wages and earnings
• Rehabilitation and therapy costs
• Property damage expenses
• Costs to modify a home or vehicle
• Household services and nursing assistance
• Other accident-related out-of-pocket expenses

Non-Economic

Non-economic or general damages are intended to compensate the personal injury victim for the intangible consequences of the accident, such as emotional distress or anxiety. The following are some examples of general damages for losses that cannot be easily measured.

• Physical pain and suffering
• Loss of quality of life
• Physical disfigurement and scarring
• Loss of companionship or consortium
• Post-traumatic stress disorder (PTSD)
• Mental anguish and trauma
• Disabilities and loss of impairments

Punitive or exemplary damages in a personal injury lawsuit may be awarded in cases where the defendant's actions were especially reckless or egregious. This type of award is intended to punish the parties responsible for their particularly reckless conduct and deter such behaviors in the future.

Damages may be awarded in a personal injury lawsuit to family members for "loss of consortium" to compensate them for the loss of companionship and support they would have received from their deceased loved one had it not been for the accident or injury.

These damages can be recovered through a wrongful death claim. If someone dies as the result of a negligent, wrongful, or careless act of another, any eligible family member can file a claim for compensation.

Family members eligible to file a wrongful death claim after a personal injury accident include:

Punitive Damages

• A surviving spouse
• Any surviving biological or adopted children
• Biological or adoptive parents of the deceased
• A personal representative of the estate of the deceased

Wrongful death claims can arise from 18-Wheeler Accidents, Car Accidents, medical malpractice, defective products, or workplace accidents.

The following are some of the possible wrongful death damages that these family members may be able to recover after a fatal personal injury accident.

Wrongful Death lawsuit Damages

Economic Damages

• Funeral expenses
• Burial costs
• Loss of retirement benefits
• End-of-life medical costs
• Loss of financial support
• Lost earning capacity of the decedent
• Loss of household services
• Loss of inheritance
• Other injury-related expenses

Non-Economic Damages

• Loss of companionship and consortium
• Emotional pain and anguish
• Loss of services or parental guidance
• The physical pain and suffering of the deceased before death
• Mental anguish of loved ones
• Loss of support and care

The most influential factor in determining what compensation you might be entitled to in a personal injury case is the severity of your injuries and the extent of your losses. Over the course of a lifetime, more severe injuries can cost victims hundreds of thousands of dollars.

As a result, these catastrophic injury cases often lead to higher compensation awards. Several factors must be evaluated and considered to determine the specific amount you may receive.

Some of the factors that could potentially impact how much money you may be able to recover in your personal injury lawsuit include:

• The amount of property damage that was involved
• Whether you are temporarily or permanently disabled
• What kind of care you'll need in the future
• Earnings lost due to missed work
• How the accident has affected your quality of life
• The insurance benefits available to you
• Whether the accident has caused you to experience a change in your earning capacity

While there is no precise formula for determining an exact amount for your personal injuries, you can learn more about the potential value of your personal injury case by working with an attorney with extensive experience handling similar cases.

Miller Weisbrod Olesky's personal injury lawyers have successfully represented numerous clients with trucking accidents, car accidents, medical malpractice, workplace injuries claims, and more.

Our strategy is to maximize your compensation award by evaluating all calculable losses and using a comprehensive formula to estimate your possible pain and suffering damages.

The Types of Evidence Used to Prove Damages in a Personal Injury Claim

Evidence is essential to building a strong personal injury case and establishing liability, the extent of the victim's injuries, and any accident-related losses. Without evidence, proving the extent of damages suffered by the plaintiff can be challenging and lead to a lower settlement offer or even dismissal of the case.

Over time, memories fade, and physical evidence can be lost or tampered with. For this reason, gathering evidence right after a personal injury accident can significantly strengthen the integrity of the case and increase the chances of a favorable outcome.

Different types of evidence may be used in personal injury claims, such as:

• Accident reports
• Medical records
• Police reports
• Damaged property or defective equipment
• Medical bills and other financial documents
• Employment records
• Video/surveillance footage
• Photographs or video of the accident
• Pictures of your injuries
• Expert and eyewitness testimony
• Insurance documents
• A written narrative about what you remember about the accident
• Social media and electronic communications

A highly qualified personal injury lawyer can help ensure that all relevant information is gathered before it is lost or compromised, and they can also work with experts to analyze and present the evidence effectively.

Experts play a crucial role in personal injury cases by providing specialized knowledge and insights about the extent of personal injuries, losses, and their long-term impact on the personal injury victim's life.

Statute of Limitations for Texas Personal Injury Cases

Texas Civil Practice and Remedies Code 16.003

A statute of limitations is a law that sets the maximum period within which a person can file a lawsuit after an injury has occurred. Under Texas law, the personal injury accident victim has two years from the date of the injury to file a personal injury lawsuit.

If an eligible family member wants to try and recover compensation for the loss of a loved one, they will have two years to file a wrongful death claim. While this may seem like ample time, it's always best to take legal action sooner rather than later.

In some personal injury cases, waiting to file a claim can jeopardize your chance to recover compensation or result in your case being dismissed. The personal injury attorneys at Miller Weisbrod Olesky can safeguard your rights and ensure you meet all necessary deadlines.

Schedule Your Free Consultation with a Texas Personal Injury Lawyer

No matter how or where it happened, if you or a loved one was involved in a personal injury accident because of someone's negligent or careless behavior, you shouldn't have to bear the burden alone.

At Miller Weisbrod Olesky, our determined and compassionate personal injury lawyers understand that nothing can turn your life back to how it was before your injury. However, recovering compensation through a personal injury claim or lawsuit can alleviate some of the financial and emotional stress caused by the accident.

Our personal injury legal team is committed to standing by your side every step of the way and ensuring you receive the compensation you need to rebuild your life. We have a proven track record of securing substantial settlements and verdicts for our clients Nationwide.

Miller Weisbrod Olesky works on a contingency fee basis, which means you won't have to pay any legal fees unless/ until we win your case. Schedule your free initial case review with one of our attorneys by calling (214) 987-0005 or by filling out our online form.