Personal Injury Attorney Frequently Asked Questions
A sudden accident can disrupt your health and finances in an instant. When you are left coping with injuries and uncertainty, a personal injury attorney can help answer common questions about your rights and options. From medical bills to lost wages, accidents often cause considerable upheaval. But with the right information and the support of a McKinney attorney, you can better understand your options and what to expect.
Answers to Common Personal Injury Law Questions
Our personal injury FAQ addresses the leading questions people have immediately after an accident and throughout their recovery. Below you can learn about the process of filing a claim, the types of damages available, what you need to bring to a legal consultation and much more.
How to Find a Personal Injury Attorney?
To find a personal injury attorney, start by narrowing down your choices to those who have taken on cases similar to yours. Ask for recommendations from trusted friends and family, and if possible, other attorneys you’ve worked with in the past. You can check with your insurance agency and the local bar association for their suggestions.
While an attorney’s education and background are important, also take note of his or her legal track record. Look for someone who can perform well in a trial situation. Ask for a consultation or interview with any attorney you are considering. Remember, you are hiring someone to defend your interests, so you’ll want to find an attorney who will work well with you.
What Is the Basic Process for Filing a Personal Injury Lawsuit?
The process for filing a personal injury suit begins with a consultation. At this stage, your personal injury attorney is looking to understand the details of your case. If your attorney agrees to take your case, they will gather evidence, interview witnesses and work to reach a settlement with the other party’s insurance company. When both parties cannot agree on a fair settlement, your attorney may proceed to file a lawsuit on your behalf.
What Types of Damages Are Obtainable in a Personal Injury Lawsuit?
Typically, the three types of damages available in a personal injury lawsuit are economic, non-economic, and punitive. Economic damages cover direct costs like medical bills, lost wages and property damage. Non-economic damages compensate for pain, suffering, emotional distress, loss of companionship and the loss of enjoyment of life. Punitive damages are considered a punishment for the defendant and are also intended to deter similar behavior by others.
Can I Still File a Personal Injury Claim if I Am Partly at Fault for the Accident?
You can still file a personal injury claim if you were partly at fault. In Texas, a person found to be partly responsible for an accident can receive reduced compensation, while anyone that is mostly responsible will receive no compensation. Contributory negligence and comparative negligence can be discussed with the attorney to understand the impact on a personal injury claim in Texas.
Can I Trust a Personal Injury Calculator?
While a personal injury calculator can give you a general idea of how much you would be eligible to receive in a personal injury settlement, remember that the numbers are not exact. Personal injury calculators can evaluate hard costs you have already incurred and predict the financial amounts due for those damages. Such tools cannot, however, account for all relevant medical expenses, economic losses related to incapacitation or general compensation for pain (physical, emotional and/or mental) and suffering. To ensure that you get the most accurate estimate possible, consult with a trained attorney.
How Do I Know If I Need a Personal Injury Attorney?
People seek personal injury attorneys for many reasons. You should look for legal assistance in these instances.
- You’re in an accident and suffer a severe injury that forces you to take time off from work, or leaves you with permanent pain or disabilities.
- You believe you have experienced toxic exposure, a situation that might require proof through consultation with medical specialists and other experts.
- You believe that you are the victim of medical malpractice.
In these and other cases, an attorney can help you receive fair compensation for relevant medical expenses, lost wages, pain and suffering. If you are having difficulty getting the insurance to pay out, working with an experienced attorney can increase your chances of receiving a settlement.
Should I Accept the Insurance Company’s First Offer for My Injuries?
While we cannot offer advice on this matter over the internet and without knowing the facts of your case, it is always a good idea to have a personal injury attorney evaluate your circumstances and give a professional opinion. We are happy to offer a free consultation on your personal injury lawsuit.
What Do I Need to Bring to an Initial Consultation With a Personal Injury Attorney?
You will want to bring all documents related to your case. These documents include medical records, police reports, photos of the auto accident scene, information about the at-fault party, and any communication with insurance companies. Also, where possible, bring proof of your lost wages and any other expenses related to your injury.
What Does Fair Compensation Refer to in the Case of Personal Injury?
When you are hurt in an accident at no fault of your own, you are entitled to receive financial compensation for any damages that you experience. Being injured due to the negligence of another person can leave you with large financial responsibilities that you had no choice in making. And while it’s not always easy to put a monetary value on your pain and suffering, an experienced personal injury attorney will work to help you recoup the costs of seeking medical treatment and income lost from the inability to work – along with addressing any potential long-term issues.
When it comes to fair compensation, we believe that our clients should receive settlements for lost wages, medical expenses, emotional distress, loss of property and any other effects resulting from an accident. Working with an attorney can help ensure your settlement is sufficient to cover all your needs.
What if I Have a Workplace Accident and Did Not Receive Any Compensation Benefits From My Employer?
Several scenarios could lead to a lack of compensation, such as your employer not filing the necessary documentation, your participation in criminal behavior and so on. In addition, some employers require injured employees to see their own doctor. If you neglected to do this or if your actions aren’t consistent with your claims of injury, then you may not be compensated. If you have suffered a workplace accident through no fault of your own you have the right to receive compensation benefits, and it would be in your best interests to contact an experienced workplace injury attorney.
Can I Sue for Emotional Distress, Anxiety, or PTSD After an Accident?
Yes, you can sue for these types of psychological conditions if you can prove the negative and debilitating effects they have on your life. Talk with your personal injury attorney about all the consequences of your accident injuries, no matter how small and insignificant they might seem.
How Long Does It Take Before I Receive My Personal Injury Settlement Funds?
That depends on how long it takes to reach an agreement with the opposite party, and in which legal venue your case is deliberated. A courtroom trial generally takes longer to settle than a mediation, but once a settlement is reached payouts begin shortly thereafter, and in accordance with the schedule agreed upon.
How Much Is My Personal Injury Case Worth?
Every personal injury case is potentially worth the amount of damages that it caused the injured person, and that amount always depends on the circumstances such as type of injury, extent of damages, age of the victim and whether the victim was partially at fault.
Can I File a Personal Injury Lawsuit for an Accident That Happened a Year Ago?
Yes you can, and the sooner you take legal action, the better. The more time your attorney has to evaluate the circumstances and gather evidence helps strengthen the impact of your argument. Do not delay, as procrastination could affect time-sensitive dates, the most obvious of which is the statute of limitations itself. Your claim must be filed within the “statute of limitations” time frame.
What Is a Settlement?
A settlement is the result of an out of court agreement between the injured party (the plaintiff) and the party responsible for the personal injury (the defendant). In a settlement conference, attorneys, the defendant and the plaintiffs meet with a third party known as the mediator. The mediator is specially trained to bring the plaintiff and defendant to an agreement that avoids a court trial, while reflecting an understanding of what the outcome could be.
What Is Comparative Negligence, and Why Should I Care About It?
The comparative negligence law applies to personal injury incidents in Texas, and holds the accident victim legally and financially accountable when his or her own negligence contributed to the accident and consequential injuries. This means that if the court finds you more than 50% liable for the accident, you cannot collect an award for your injuries at your trial. When you are less than 50% liable you are eligible to receive an award, which is reduced only by the amount of negligence you contributed to your injury.
What Is a Fault-Based Liability System?
Most U.S. states use a fault-based system to handle insurance liability. Fault-based systems focus on how much fault each involved party bears for the accident or injury in question. Often, insurance companies might not have your best interests in mind when it comes to negotiating a fair settlement payment in a fault-based state. To ensure that you get a fair outcome, consult with a well-reviewed personal injury law firm before accepting any settlement offer.
What Are Contingency Fees?
Law firms generally charge clients in two different ways: either up-front, out-of-pocket payments or contingency fees. As the name indicates, “contingency” allows the law firm to collect payment retroactively for services rendered after—and only after—a positive settlement outcome. The firm subtracts the contingency fee from the client’s successful settlement payout. When the case does not result in an award, the victim owes no further attorney fees.
How Do Insurance Companies Determine Personal Injury Settlement Payouts?
When determining settlement awards insurance companies consider many variables. At a minimum, fair personal injury settlements should cover medical bills and lost wages, and should provide additional compensation for pain and suffering. Extra compensation might be offered based on the extent of the injuries, especially if they prevent the victim from ever returning to work. Unfortunately, insurance companies often try to settle for an amount that is much less than a fair personal injury settlement. A North Texas litigation attorney can support you when insurance companies dispute damages or liability.
Experienced Personal Injury Attorneys in North Texas
For more than 40 years, Lucé Law, PC has helped clients across Texas pursue compensation after serious injuries. If you have questions about your rights or how to pursue a claim, contact our attorney team today. Call (972) 632-1300 or request help online.
