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.
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.
Many times when people approach law firms about an accident they were involved in, they wonder why the lawyers are asking them some of the questions that they do.
You, as a member of the jury, are there to make a ruling on the facts presented during the trial. At the end of the trial, once all sides have presented their evidence, you will be given a jury charge.
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.
Two words that can usually lead to a groan from whoever you are talking to is “jury duty”. The process of selecting jurors is called “voir dire”.
Since the at-fault motorist was drunk, our client was entitled to punitive damages based on his reckless conduct.
These are the criticlcal factors that can help you learn if this is a great personal injury lawyer or just a poser that may never even had a jury trial involving one negligently harmed.
Finally, the stressful process of getting into a motor vehicle collision and the dealing with the injuries it caused is coming to an end. Then your attorney tells you that the insurance company also put him or her on notice of a child support lien.
Innocent passengers always have a claim if they have been injured due to the negligence of other drivers. Even if you are in the vehicle that was at fault, you are still the innocent party in the case and therefore you can make a claim.
While months may go by and the client thinks they’re waiting and waiting for the attorney to settle the case, it is actually quite the opposite. In order for the attorney to maximize value for your case, they are waiting for you to finish up treatment.
Oftentimes, people are surprised to learn of the different ways that you can recover money for your injuries in the state of Texas. These are referred to as your “damages”.
Texas has many different rules and requirements for where a lawsuit may be filed. In a personal injury case, the venue may be one of the following...
In my experience, the average case should take 6-8 months from the time of the accident. However, there are several factors involved in how long it may take for a client to receive a check after a car accident.
Look for personal injury attorneys that work on contingency fees. This means there will be no upfront cost to you and if your case does not pan out you won’t be liable to the attorneys for their legal work.
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