There are common questions that clients ask or common issues that seem to come up in personal injury. The best way to inform prospective clients is to provide them with all the information available to make an educated decision on their case. Below is a list of frequently asked questions that our firm encounters on a regular basis.
Texas has prompt payment statutes that require the other party’s insurance to pay you within five business days after the insurer receives the demand for payment. The check is sent to your attorney, who deposits it in your client's trust account. This can take a few weeks to clear. Once it has cleared, your attorney will remove his or her fees and will be able to provide you with a check for the remaining amount.
If you do not have an attorney, it is likely that the insurance company is attempting to take advantage of you by offering the bare minimum. When an experienced attorney represents you, the insurance companies know that they have to give you a fair deal or they risk litigation.
Many individuals who file a car accident claim receive compensation for lost wages due to injuries sustained in the accident. The time they were compensated for varies depending on the severity of the injuries and any lasting pain or disability they experienced that prevented them from returning to work.
Even when the other driver doesn’t have insurance, you can still file a claim with your own insurance company. Many car insurance policies have an uninsured motorist (UM) or underinsured motorist (UIM) policy. While dealing with your insurance company, getting compensation can still be very difficult. The insurance company will often fight tooth and nail to prevent paying any more than the minimum.
A personal injury lawsuit can take anywhere from a few months to a few years. It is highly dependent on the facts of your case, the cooperation of the other party, and if or when the insurance company settles.
Short answer: as soon as possible. After you have been involved in a car accident, the court's clock starts ticking because of a "statute of limitations." This means you must file your case within the time legally allotted or give up all rights to sue the negligent party for compensation. In Texas, the statute of limitations for injuries is two years.
If you were injured in a car accident due to someone else's negligence, you should speak to the police about the facts. Gather the name(s) of the police officer(s) who responded and write down their contact information. Ask when the police report is available so you can get a copy. Obtaining a copy of the police report is useful for your lawsuit. If you were intoxicated, driving recklessly, or feel you were at fault for the car accident, you should not speak to the police without your attorney present.
Comparative Fault – A concept that parties should share responsibility for an accident. It is not very often that someone is 100% at fault for an accident. In Texas, as long as you were less than 50% at fault, you can still recover. Your compensation will be reduced following your percentage of fault. That percentage will be determined by the court after you and the other side present the facts of your case.
General Damages – These are the main damages that you would receive compensation for in a personal injury case. General damages are the damages that flow naturally from the car accident. There is a direct link between the damages suffered and the car accident. These would include pain from the injuries suffered, mental anguish, etc.
Special Damages – These are losses the plaintiff suffered that can be adequately calculated. These include medical bills, lost wages, damaged property, etc.
There is nothing worse than when you have been in an accident and the other driver was at fault with no insurance. You can make a claim under the uninsured motorist section of your insurance policy, but you will need to act quickly. Contact the insurance company immediately because there may be a time limit that applies. Sometimes the limits are as short as 30 days following the incident.
Be aware that your insurance carrier may not allow you to carry uninsured coverage beyond the amount of your liability. This means that if your insurance coverage is negligible, the amount you can expect from the uninsured coverage will match. Additionally, be prepared for the insurance company to look into any related medical bills and injuries.
Many automobile accidents occur because one or both drivers have acted negligently. While other circumstances like poor road conditions or defective automobiles can also lead to accidents, often driver negligence is the primary cause.
Not Paying Attention to the Road
Multi-Tasking while Driving
Using Cell Phones while Driving
Driver Intoxication or Being Under the Influence of Drugs (Including Prescription Drugs)
When you have been involved in an automobile accident, the police and the insurance companies will be using evidence to determine who is to be held liable. If the other driver was at fault, then you may receive monetary compensation in the form of a settlement. However, if you are guilty of reckless driving, or contributing to the accident, your compensation may be less or even none depending on your involvement.
If you have any more questions, call Todd R. Durham at (214) 222-4000.
Call today at (214) 222-4000 to schedule your free consultation with the best accident lawyer Lewisville has to offer. You can also use our easy case review form on our website and someone will answer your inquiry shortly.
Address:
345 W Main St, Lewisville, TX 75057
