What Does “Negligence” Mean In Injury Cases?

In a personal injury case, it is often necessary to show that the other party acted negligently, but what does that really mean?

In the law, a number of concepts are considered based on the hypothetical idea of what a “reasonable person” would do or expect in a particular situation.

In a personal injury case that alleges negligence, our job will be to show that the other party acted in such a way that an ordinary, reasonable person would have understood was likely to cause harm.

In some cases, the conduct of a guilty party is so reckless and so far beyond the expectations that a reasonable person would have, that they are said to be grossly negligent.

While much less common, cases that involve conduct that falls under gross negligence are treated a little differently, and the court may choose to award punitive damages.

Punitive damages punish the guilty party beyond merely compensating the victim for losses.

The Barry Law Group helps people in Austin who’ve been injured by the negligence of others.

Call us today at 512-852-4327 for a free consultation with an experienced injury lawyer.


If the negligent party in your case goes to jail, it won’t be because of the civil case we bring against them.

Texas courts have two separate tracks, one civil and one criminal. In the criminal courts, the state prosecutes charges against individuals who are alleged to have broken the law.

This can result in fines, jail time, and payments of restitution to victims, but is separate from a lawsuit brought by a victim.

In the civil courts, individuals and businesses bring actions against one another when negotiation has not produced an acceptable result.

Lawsuits typically argue for financial compensation to restore damaged property, pay medical bills, and make up for past and future wages that are lost as a result of another person’s negligence.

In civil cases where extreme negligence or recklessness can be demonstrated, juries may apply what are known as punitive damages, which are extra costs to the guilty party meant to punish them for actions they should have known would cause harm to others.

If you were hit by a drunk driver, the other party may go to jail for breaking Texas drunk driving laws.

If you were injured by a doctor who made an incorrect diagnosis but was sober and acting rationally, the doctor may be found guilty of malpractice and suffer financial loss, but criminal charges – and jail time – would be unlikely.

When you’ve been hurt, an accident and injury attorney can help you get the award you need to get back on your feet.

Call the Barry Law Group today at 512-852-4327 and talk to an Austin attorney for free.


What Do I Need To Bring When I Meet With You?

When we meet, you should plan to bring all the documentation you’ve collected that’s relevant to your case.

Police reports, medical records and bills, eyewitness statements, photographs of the area where an accident or injury occurred, estimates or bills from auto or property repair companies, and any information you have about the other party and their insurance will be helpful in developing a strategy to proceed.

Many people recovering from injury haven’t had the ability to collect this type of information, and that’s alright too.

When you’ve been seriously hurt, our firm is equipped to investigate the circumstances and come up with a plan to make you whole again.

Call the Barry Law Group today at 512-852-4327 to set up a free consultation with some of Austin’s most experienced injury attorneys.


In Texas, personal injury cases have a two year statute of limitations, which means that if legal action isn’t begun within two years of the injury occurring, courts will refuse to hear the case.

There are exceptions that are relevant to workplace injuries though.

If you have been exposed to toxins or other dangerous materials that you were unaware of, or whose long term effects on human health were not known, and you later develop a disease linked to exposure, the court may agree to hear your claim even if the traditional statute of limitations has expired.

You should be sure to seek out legal advice as soon as you understand the link between workplace exposure and illness, as the other side can argue that the “clock” on the statute of limitations restarted when you became aware of the connection.

Similarly, in cases where negligence was covered up by an employer and only later discovered by employees who may have suffered harm, the discovery of the negligence will also restart the clock on the statute of limitations.

This allows you and your colleagues to take action even after the two-year window has closed on the original harm, but you should act promptly as soon as you know what happened.

The Barry Law Group is one of Austin’s most experienced workplace accident and injury law firms, and can help you collect damages that are due to you.

Call us today at 512-852-4327 for a free consultation with experienced workplace injury attorneys.


Yes, you are entitled to pursue damages even if you didn’t have insurance at the time of the accident.

Because you don’t have an insurance company on your side, you’ll want to talk to an attorney very quickly.

Because you are uninsured, it’s likely that the other insurance company will contact you, seeking damages.

To them, you look like an easy target, and they may even try to tell you that your lack of insurance means you can’t collect.

Don’t fall for their bluster. If another driver was at-fault and you were injured or suffered property damage as a result, you can and should collect damages.

A qualified auto accident attorney can begin the process of filing a claim with the other party’s insurance company, and will protect your rights and see that you get the damage award you are due.

Call the Barry Law Group today at 512-852-4327 and find out how we can help you get all that you need to move on after a car accident in Austin.


You aren’t, and we generally advise our clients not to speak to the other insurance company until you’ve consulted a qualified Texas car accident attorney.

The problem with giving statements to the insurance company is that anything you tell them will be used to diminish the size of the settlement they offer, so approaching them with an appropriate strategy in mind is vital in order to get all the money coming to you.

The other insurance company will likely call you and ask for a statement.

You don’t have to be rude to them, but be firm and don’t disclose any information about the accident. Let them know that you are represented and that they can expect to hear from your attorney.

Then call us at the Barry Law Group. We’ve represented hundreds of Austin drivers who’ve been the victim of another’s recklessness or negligence.

We protect our clients’ financially and make sure they have the ability to meet their healthcare needs and recover from injury.

Call us today at 512-852-4327 for a free consultation with an Austin car accident injury attorney.


What kinds of injuries does your firm represent?

The Barry Law Group is an experienced firm of personal injury attorneys representing a wide array of common, and less common, injury types.

We are capable negotiators and litigators with a strong track record of winning awards that protect our clients’ financial and medical standing throughout their lives.

Some of our areas of practice include:

  • Workplace Injury
  • Car Accident
  • Product Liability
  • Motorcycle Accident
  • Nursing Home Abuse
  • Slip and Fall
  • Truck Accidents
  • Spinal Cord Injury
  • Wrongful Death
  • Boat Accidents
  • Traumatic Brain Injury
  • Medical Malpractice
  • Bicycle and Pedestrian Accidents
  • And more

If you or a loved one have been injured – or worse – in Austin, the attorneys at the Barry Law Group can help you get the justice you deserve, and the financial protection you’ll need to recover from serious accidents and injuries.

Call us today at 512-852-4327 and learn how we can help you.


Yes, parents and guardians of those who have been disabled through another person’s negligence are entitled to file a claim on behalf of their loved one.

It’s a common and unfortunate reality that for many victims of injuries like traumatic brain injury, spinal cord injury, and vehicle accidents, a loved one will have to take on the legal process while the injured family member heals.

Medical costs can be truly staggering, and if your loved one is incapacitated by the injuries in question, it’s important for their well being and the family’s ongoing financial standing to start a process that can provide tangible help as soon as possible.

The longer you wait, the harder it can be to build a case, get clear witness statements, and collect the relevant information that can get you the most effective award possible.

If your loved one has been injured by another person’s negligence in Austin, call the Barry Law Group at 512-852-4327 for a free consultation with an experienced personal injury attorney.


SXSW Drunk Driving Accident

SXSW Drunk Driving AccidentSXSW drunk driver kills 2 and injures 23 others after plowing into a crowd of festival goers

A suspected drunk driver attempting to evade a drunk driving stop ran through a police barricade and plowed through dozens of SXSW festival goers early Thursday morning.

Tragically, two people were killed and 23 others wounded, four are critically injured.

The incident happened around 12:30 a.m. when the suspected drunk driver slammed into a moped, killing both the passenger and the driver of the moped. Austin Police Chief Art Acevedo stated to media that the driver also crashed into a taxicab before jumping out of his vehicle and trying to flee the scene.

According to Austin media, the suspected drunk driver, twenty-one-year-old, Rashad Owens, has been charged with two counts of capital murder and 23 counts of intoxication assault. It all began when Owens pulled into a gas station after an Austin Police Officer initiated a traffic stop. Owens then speed off driving the wrong-way down Ninth Street, then made a right turn onto Red River Street where he crashed through a barricade and slammed into a crowd of SXSW revelers waiting outside of the popular music venue The Mohawk.

In a terrible tragedy such as this where two people have been killed and many others injured, some critically, a very common and unfortunate problem is sufficient insurance coverage to compensate victim and their families.

It is imperative that you act fast and seek highly qualified legal representation if you or a loved one were injured in this or any similar event.

If you or a loved one are the victim of a drunk driving accident, contact the Barry Law Group. The Barry Law Group has over twenty years of experience in representing victims and the families of victims of drunk drivers. The lawyers at the Barry Law Group have been recognized by Texas Super Lawyers and The National Trial Lawyers as the top trial lawyers in Texas.



SXSW Personal Injuries And Deaths

Serious personal injury and collision at Austin’s SXSW — at least two deaths and dozens injured.

sxsw2-650x417Last night, a driver attempting to evade a drunk driving stop blew past a barricade on Red River Street and plowed through dozens of SXSW revelers killing two and causing serious personal injuries to twenty-three others, according local media reports. Four others remain in critical condition.

Red River, home to many popular clubs hosting SX music showcases, had been closed to motorists and was crowded with music fans waiting to get into the Mohawk nightclub.

Austin is a dangerous city for pedestrians. We here at Austin Injury Law Answers and the Barry Law Group have about the risk of personal injury accidents for pedestrians before (see previous posts here). And, with South by Southwest in town this week, an event intended to generate lots of good times and great music, you need to be cautious about potential drunk drivers on the roads.

Here are a few ways you can avoid being caught in an awful tragedy like the one last night.

Check for street closures and barricades. Many streets downtown will be closed this week for festival goers. If you plan on driving downtown, look up which streets will be closed before you leave your house. Check out http://www.austintexas.gov/eventmap for a map of the anticipated street closures for the event.

Watch for erratic drivers.  This is a good rule any time you’re downtown, but it’s especially important during SXSW.

Think about taking the Austin Capital Metro bus or Metro Rail. Capital Metro will have bus service to provide good coverage for most of the music venues, and if you’re staying in Northwest Austin, the Metro Rail will drop you off in front of the Austin Convention Center.  SXSW also offers an event shuttle that goes between most of SXSW hotels downtown.

For more information on the shuttle, visit http://sxsw.com/hotels/shuttles.

If you’ve been injured by another driver’s negligence or have been the victim of a drunk driving accident, contact the Barry Law Group (bookmark for future reference). The Barry Law Group has over twenty years of experience in representing victims and the families of victims of drunk drivers.

The lawyers at the Barry Law Group have been recognized by Texas Super Lawyers and The National Trial Lawyers as the top trial lawyers in Texas.