Basic aspects of a personal injury claim

What are some basic aspects of a personal injury lawsuit?

When someone has been seriously injured or killed in a vehicle accident, a lawsuit is often filed to protect the rights of the injured party. Since the law can be difficult to understand, and since a personal injury lawsuit can be complicated, here is information to provide a basic understanding of the process and terminology.

What is a personal injury case?

A personal injury case is a legal dispute that begins when one person suffers harm due to the actions of someone else. Sometimes the dispute is settled prior to the launch of a formal lawsuit. Other times, a suit is filed if the parties involved cannot agree to an insurance settlement.

What is an insurance settlement?

An insurance settlement is the payment from an insurance company to the insured to settle an insurance claim within the guidelines determined within the insurance policy.

How does an insurance policy affect a personal injury claim?

When someone is injured in an accident, the insurance policy of the at-fault driver is required to pay for the person's injuries, including the cost of medical treatment and surgery, rehabilitation, lost work and wages, damaged property, and other costs. An insurance policy will only pay to the limit of its value, known as the policy limit. Even if the injured person's medical bills total $50,000 but the insurance policy limit is $25,000, then only $25,000 is available in insurance coverage. The injured person's own insurance policy also can pay towards that person's recovery. Go to this link for more comprehensive information on insurance policies.

What are damages?

In a personal injury case, money damages are paid to the injured person by the person or their insurance company, who is determined to be at fault for the accident or injury. A damage award is agreed upon during a negotiated settlement, or during a court trial.

What are statutes of limitations?

Statutes of limitations are written laws that restrict the maximum time after an event that legal proceedings can be initiated. Once this period of time has passed, a claim can no longer be filed.

It is important to know the statute of limitations in the state that an accident or injury occurred, and that the resulting legal claim be filed within the timeframe allowed, to ensure that an injured victim's rights are maintained.

Go to this link to see the statute of limitations in each state.

How will an injury attorney help with an insurance claim?

An experienced personal injury attorney helps by overseeing all aspects of the insurance claim process so that the injured person can focus on healing and getting life back on track. A lawyer handles all stages of the claim from gathering information and handling correspondence with all involved parties, to negotiating a full settlement. Since it typically costs nothing initially to consult with an attorney, the decision to bring a lawyer onboard is an easy one to make.

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Laredo, TX

What is a Tort?

Negligent torts are much different from cases that involve intentional torts. Today we are going to take a look at what exactly is a tort?   

Laredo, TX

I’m on the Jury. Now what?

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.

Laredo, TX

What is the Status of My Case?

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.