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.
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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.
Since the at-fault motorist was drunk, our client was entitled to punitive damages based on his reckless conduct.
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.
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...
Some large injury law firms might slam you through their process as fast as possible, sometimes settling for far less than your case is worth. They often do it to maximize their own profit margins.
So how do you know if you should accept the dollar amount your personal injury lawyer recommends?
But, bringing as much evidence as possible to your free consultation with your personal injury attorney means they can give you a more accurate opinion of what they can do for you, given the unique facts of your case.
This client did not have a truly objective injury I could point to. She did, however, have symptoms that mimicked those typically seen with a herniated disc. Even though the symptoms resolved, I argued to the adjuster that the injuries the client had sustained did have a significant temporary impact on her life entitling her to fair compensation.
You’ve heard about people in other lawsuits who seek money for “pain and suffering.” You know the stereotypes associated with those damages.
So should you, in your unique situation, be entitled to recover damages for “pain and suffering?”
Don’t fall for these tricks from insurance companies after an accident! They’ll try anything they can to reduce or eliminate your accident settlement.
Don’t worry, you won’t be writing it. Your lawyer will because it’s critical to present all the facts and circumstances in a way that positions you well.
We’re not talking about manipulation or exaggeration here. This is a settlement tool we need to use on your behalf to make sure you don’t get run over by the insurance company.
Despite the unfavorable venue, I was able to convince the insurance carrier for the at-fault motorist to pay the full liability policy limits. I was also able to get the client’s automobile insurer to pay substantial monies under her underinsured motorist policy.
Adjusters almost always want to make cases about bills instead of about people. Even though this client’s medical bills were relatively low, that did not change the fact that she undeniably experienced significant mental anguish as a direct result of the auto accident.