What should I do if I’ve been involved in an accident?
It is understandable that after a traumatic event, such as a motor vehicle accident, most people may be too scared or hurt to think clearly. However, it is important to call the police and get the insurance information of the other person(s) involved. It always helps to take photographs of the vehicles involved and the accident scene, as well as to get the contact information of any witnesses who saw the incident. Most importantly, get medical attention as soon as possible. Some injuries, due to shock or other factors, may not be immediately apparent after the accident. Making sure you are healthy is paramount. Talking to a personal injury lawyer as soon as you can may make all the difference in protecting your claim and ensuring you can proceed in recovering your damages.
I don’t think I can afford an attorney. How does the attorney get paid?
A personal injury lawyer should not charge you unless there is a settlement and recovery. Generally, most expenses should also be paid up-front by the lawyer. This type of arrangement is called a contingency fee, which means the attorney will be paid a percentage of the total settlement. This percentage is usually determined by the risk involved, the settlement amount and the work required, but should not be more than 33 to 40%. It is a good idea to talk to your lawyer to see if a lower percentage is possible.
How long do I have to file a personal injury claim?
For personal injury cases in Texas, a lawsuit must generally be filed no later than two years from the date of injury, although there are some types of cases that must be filed sooner, or require some type of prerequisite action or notice that must be filed prior in order to preserve your claim. It is vital to meet with a personal injury lawyer as soon as possible.
Will I need to go to court?
On average, most personal injury cases will settle without having to go to trial. Unfortunately, however, there are times when an insurance company is simply unreasonable or refuses to value your case for what you feel it’s worth. At that point, filing a lawsuit may be the only way to seek justice for your damages. It is critical to consult with an attorney as soon as possible.
Once my case is settled, how long does it take to get my settlement injury check?
It may be as soon as two to four weeks to complete the settlement process. However, there may be important matters that arise that must be completed before any monies can be distributed and varies depending on the issue. Larger settlements can sometimes require additional steps that must be taken so these types of cases may take a little longer.
What kind of compensation can I recover for my damages?
The type of case will determine what damages will be recovered in your particular circumstances. Generally, however, you may recover the actual cost of your medical bills and associated expenses, surgery, in addition to disfigurement / physical impairment, pain and suffering, as well as emotional distress or mental anguish and other damages. Lost wages and loss of earning capacity may also be recovered. Again, the type of case and available evidence will ultimately determine what you recover.
What if the other side is saying it was partly my fault? Do I still have a claim for recovery?
In many instances, yes. Even if you may be partially at fault, you may still be entitled to some percentage of recovery. However, it depends on the percentage of responsibility that is ultimately attributed to you. You should consult with a personal injury lawyer as soon as possible to help you evaluate your case and counsel you on what to do next.
I was involved in an accident while at work, what should I do?
Report the injury and get medical attention as soon as possible; and follow your employer’s guidelines. Generally, you may be barred (legally prohibited) from filing a claim against your employer if your employer carries workers’ compensation insurance. Even so, you may still have a claim against the person that caused your injury if that person was not working for the same employer at the time of the accident. However, if your employer does not carry workers’ comp insurance, your employer may be liable to pay for your damages. It is very important to speak to a personal injury lawyer as soon as possible to determine what needs to get done.
I was involved in a motor vehicle accident but the driver that caused it does not have insurance. What do I do?
Review your own insurance policy to determine whether you currently have uninsured/under-insured motorist coverage. UM/UIM insurance protects you when the other at-fault driver either has no insurance or doesn’t have enough insurance to cover all of your damages. We can research the other driver’s information to determine whether there is insurance to cover your damages.
What exactly does negligence mean anyway?
Negligence is the standard you must prove against the person at fault to prevail on your claim. Negligence means someone had a duty to act more carefully than they did, and breached that duty by their actions. If that action caused your injuries, you may have a viable claim against that person. Proving the person acted intentionally is not necessary.
