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What do I do after an accident?
If you have been injured in an accident, the most important priority is getting medical attention. Assuming that you are not taken to the emergency room immediately, you should take photos or videos of the accident scene and get the contact information of any witnesses. You should not admit fault or apologize to anyone else who was involved, even if it seems like a polite thing to do. Anything that you say in the aftermath of an accident can be used against you if you pursue a claim or lawsuit later. If you suspect that someone else may have been at fault, you should set up a consultation with an attorney to discuss your options. The initial consultation is always free.
How do I know if I have a case?
You do not need to make this decision on your own. Contact Brooks Harrison - Attorneys at Law, PLLC and set up a free consultation to go over your specific situation in detail. Essentially, in most all situations, you will have a case if someone acted carelessly under the circumstances and caused your injuries. Applying this standard is more complicated than it sounds, however, which is why it is important to consult our law office.
Do I have a case if I do not feel injured?
You may still have a case even if you do not feel injured at the scene. The biological response to a traumatic situation like an accident sends a rush of adrenaline through the body, which can temporarily reduce sensations of pain. You may start feeling significant pain or developing other symptoms later. It is wise to consult a doctor even if you do not feel immediate, excruciating pain, since some of the most serious conditions emerge over time.
How long do I have to file a personal injury case?
In Texas, there is generally a two-year statute of limitations in personal injury claims. There are some exceptions to the statute of limitations, but they are very narrow, so you should not assume that any exception applies. As a practical matter, moreover, you should try to pursue a claim as soon as possible while the evidence is still fresh. This will help you and your attorneys prove liability, determine the scope of your damages, and add all responsible parties.
What do I do if an insurance adjuster calls me?
You should not speak with an insurance adjuster. They may seem friendly and sympathetic, but they are almost certainly trying to coax statements from you that would reduce or eliminate the liability of their insured. Tell the insurance adjuster to contact Brooks Harrison - Attorneys at Law, PLLC, if you have hired us, or contact your insurance company, if you have not hired an attorney yet. The same points apply if an attorney for someone else contacts you.
What damages are available in a personal injury case?
The main type of damages is known as compensatory damages, which is further divided into economic damages and non-economic damages. Economic damages are based on tangible, relatively objective costs and losses, such as medical bills, lost income and earning capacity, property damage, and the costs of future treatment. Non-economic damages are more subjective, covering items such as pain and suffering, mental anguish, and lost enjoyment of life. Damages must be reasonably quantifiable to be awarded, rather than being speculative. If the defendant has acted in an especially egregious manner, you may be able to recover punitive damages in addition to compensatory damages. These are meant to punish the defendant and deter this type of conduct. Punitive damages are rarely awarded but can be substantial, although there are constitutional limits on how much they can exceed compensatory damages.
How much is my personal injury case worth?
This will depend on the specific nature of your injuries and cannot be ascertained until your case has been thoroughly investigated. We can give you a rough estimate occasionally based on similar cases that we have handled. However, you should be aware that we are prohibited from promising that we will recover a certain amount or otherwise predicting the outcome of a case. Any estimate that you receive likely will be vague and qualified. An additional question is how much you can actually collect, which may depend on factors such as the insurance of any at-fault parties, their assets, and your own insurance.
What if I had a pre-existing condition?
You can still obtain damages from someone else who was at fault for the accident. The damages may be reduced to account for the pre-existing condition, but you can hold another person or entity accountable for aggravating the condition. Someone who interacts with you takes you as they find you, so the question of whether someone without your condition would have been injured is irrelevant. That said, these cases tend to be more complex and may require the assistance of experts, so hiring an attorney may be especially important.
How long will it take to settle my claim?
Most personal injury cases actually go to trial. The overwhelming majority end in a settlement with the defendant or an insurance company. Unfortunately, the time that it takes to reach a settlement is difficult to predict and can vary dramatically. As a general rule, a claim that involves substantial injuries and a significant amount of money will take longer to settle because the insurer will fight us harder. If the case is complex or liability is unclear, a settlement also may take longer to reach. Hiring Brooks Harrison - Attorneys at Law, PLLC can motivate an insurer to make a fair offer earlier in the process, since they know that they are less likely to take advantage of you.
What is a release in a settlement?
A release is a document that you sign in exchange for receiving a settlement. Basically, it provides that you release all of your legal claims against any defendant and their insurer based on this accident. You should be aware that a release usually covers claims not only against any defendant whom you sued or who paid a settlement but also any other potential defendant, including a party that was not involved in the litigation.
How do I pay my medical bills until I get my settlement?
If you have no insurance, you should be able to find a doctor or hospital that will treat you under an agreement that they will be paid from your eventual settlement. You may be able to use Personal Injury Protection (PIP) coverage after a motor vehicle accident. Medical Payments coverage or health insurance coverage can apply after any type of accident. If you were injured on the job, you can use your workers’ compensation benefits. Any insurers likely have a right to be reimbursed from the proceeds of any eventual settlement that you receive.
How do I make up for my lost wages until I get my settlement?
The insurance for the at-fault party will not pay for your lost wages in the immediate aftermath of the accident. You can use PIP coverage if you were injured in a car crash or another motor vehicle accident, or you may be able to get short-term or long-term disability benefits through your employer. These insurers usually will need to be reimbursed when and if you get a settlement. If you have vacation time, sick time, paid time off, or other forms of “comp” time through your employer, you can use these as well.
What if the accident happened on the job?
If someone other than your employer or a coworker caused your accident, you may have an additional personal injury claim against that third party. For example, you might be able to sue a manufacturer of workplace equipment if you were injured because the equipment was defective or poorly maintained by a third party. Workers’ compensation may have a right to be reimbursed from the proceeds of a claim, but pursuing a personal injury claim (if applicable) is usually a smart strategy because you can get more money than you could through workers’ compensation.
Do I need a lawyer for a personal injury case?
You probably need an attorney if the facts of the accident are contested or complex, you have real injuries, or the at-fault party is contesting liability. If a lot of money is at stake, you should not take a chance on going without hiring an attorney. Also, an attorney almost always will be needed in cases that require expert testimony, such as most refinery or industrial cases and commercial vehicle cases.
How do I pay for a lawyer in a personal injury case?
You should not be worried that you do not have the money to pay for a lawyer. We take personal injury cases at no charge. We collect our fee as a percentage of any settlement or judgment obtained for you. Thus, if you get nothing from the case, neither does the attorney and you will never owe us one penny. This is known as a contingency fee agreement.
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