It’s one of the hardest times in life – after a debilitating accident. No one wants to be in this situation, but what if you are? You don’t have to go it alone. Because negotiating with the insurance company to try to get your bills covered just as your policy should be designed to do, can feel like David phoning up Goliath to try to make a deal. There are personal injury attorneys who spend years specializing in these kinds of situations. Sometimes all it takes is having one represent you to start a process in motion that would lead to a very different outcome than if you were to try to work with insurers yourself. For a list of questions to help you decide if an attorney can help you, click here.
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Personal Injury Law
What is personal injury law?
Personal injury law involves injury which is caused accidentally, not intentionally, by another’s failure to use reasonable care. This type of law covers situations in which a person’s body, mind, or emotions are hurt, usually due to someone else’s negligence or carelessness. It includes wrongful death and situations where an injury results in a fatality.
How do liability and negligence relate to an insurance claim?
A person may be liable for the injury due to negligent or reckless action. The resulting injury must have been caused by the at-fault party, and must have been a foreseeable result of the at-fault party’s negligent action. So even if someone who commits a negligent action didn't intend for someone to get injured, that negligent party may still be the defendant in a personal injury claim.
What types of personal injury claims are most common?
Types of personal injury lawsuits often arise from automobile, bicycle, pedestrian, boating, aircraft, commercial trucking, and other kinds of vehicle accidents. Personal injury claims can also arise from medical malpractice, defective products, and slip-and-fall claims.
Why do people hire injury attorneys?
A successful personal injury claim may recover monetary funds for medical expenses, property damage, lost wages, emotional pain and suffering, burial costs, and other financial costs that result from the injury. Typically, a personal injury lawyer is hired to oversee the claim, to let an injured person focus on healing without the stress of dealing with the legal side of the accident. Injury lawyers typically offer a no-cost consultation, so there is no downside to speaking with a lawyer about your potential claim.
Our client was on the job at the time of the car accident thus he had the option of filing a Workers’ Compensation claim. We discovered, however, that the vehicle he was operating was also covered under his employer’s large UM/UIM (uninsured/underinsured) motorist policy.
So here’s some straight talk: Insurance companies do not exist to fairly compensate injured victims. They exist to make money for executives and shareholders.
One of the tricks insurance adjusters will try is to get a recording of you talking about your accident and claim. Of course they will try to get in writing anything about you that they can, including your complete medical records.
If a defendant is found negligent and responsible in an accident, the defendant is also responsible for compensating all future financial losses which are attributable to their negligent conduct.
If you’re on this site, you are getting to know the ins and outs of personal injury law. You may be wondering, what exactly is a personal injury claim?
Any attorney is going to tell you there are better odds for you if you hire a professional to represent you. But, what is the reality? Do you need one?
Most insurance companies will send settlement offers like this in the hopes you will decide it is easier to just accept it and move on. Do not do this.
Generally, the other driver’s insurance policy will handle your claim for compensation. When your damages come to more than the insurance policy limits, you may have a problem.
In Texas, the unfortunate reality is that insurance companies have laws written in their favor. That’s the world you live in, whether you want to or not.
So, if the insurance company offers you $5,000.00 two days after the accident, you sign the release, and accept their offer, where does that leave you? Oftentimes, some injuries are not apparent so soon after an accident.
While most injury claims do not go to court, about 10% do. And that’s where having credible witnesses can make a huge difference in your case.
The civil justice system was designed to fix the damage done by someone's misconduct, be it intentional or negligent. The system supports a process to determine a legitimate consequence for its citizens who don't act in accordance with the laws.
Your demand letter is possibly the most critical tool in the settlement negotiations process.
Don’t worry – you won’t be writing it. Your personal injury lawyer will because it’s critical to present all the facts and circumstances in a way that positions you well.
This motorcycle injury accident case illustrates just how important it is to have uninsured / underinsured motorist coverage. The minimum liability limits in Texas are just $30,000.
After a lawsuit has been filed by the plaintiff, and the defendant or defendants have answered, “discovery” is conducted. Oftentimes, clients are confused as to the questions they are asked and the documents they are asked to produce.
Since the at-fault motorist was drunk, our client was entitled to punitive damages based on his reckless conduct.
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