Find answers to your questions:
- How much is my personal injury case worth?
- What are the types of personal injury damage claims in Texas?
- Will my personal injury case go to trial?
- How long does it take to get a settlement in a personal injury case?
- What happens in Texas if I am partially at fault for the accident?
- What can I expect in my personal injury case?
How much is my personal injury case worth?
Most personal injury victims have suffered physical pain, mental anguish, impairment, disfigurement, medical expense and/or loss of wages in the past and may continue to do so in the future. You want to recover money for each of these elements of damage, but there are many factors in play.
- First, the liability facts matter. If the defendant is 100% at fault, you can collect 100% of your damages. But if the defendant is only partially at fault, then the amount of recovery is reduced.
- Second, your case is worth only as much as you are hurt. In other words, the more an injury becomes apparent through medical care, length of treatment and backed up by objective tests like X-ray, MRI’s and CT scan, the more the value of the claim increases. Therefore, it might take some time before the full extent of the injury is revealed.
- Third, insurance limits matter. If there is limited insurance, there might be a limit to what you can recover.
After we hear about your case, we will be able to give you an estimate of how much you could collect. While every case is different, we will look at past cases in Brazoria County to develop an estimate. It is important to work with a Brazoria County personal injury attorney because he or she will know the factors that matter here.
At the Sanes Larkin Law Firm, we will fight for each element of damage to obtain the highest award possible under the special circumstances of your injury claim. That is also why we take pride in the personal attention we give each client with 24/7 availability. We need to know the details of your treatment at every stage so we can recover the highest compensation on your behalf.
What are the types of personal injury damage claims in Texas?
If you are suffering after a personal injury, you may be entitled to collect damages. There are two types of damages, measurable economic ones, and ones that are more difficult to measure because they are subjective and non-economic.
- Measurable economic ones include items that can be reimbursed, such as medical expenses and lost earnings or wages.
- Difficult to measure non-economic damages include physical pain and emotional suffering, disfigurement and impairment of quality of life.
Will my personal injury case go to trial?
Most personal injury cases are settled by the attorneys and do not go to trial. Cases that do go to trial are usually the ones when the facts are in dispute or if there is a legal issue that needs to be settled. The more you prepare and the more information you gather, the better your chances of settling quickly.
How long does it take to get a settlement in a personal injury case?
Most personal injury cases will take several months. If your case is simple, your personal injury lawyer can reach a settlement in a matter of weeks. The more complicated the case, the bigger the damages requested and the more the facts are contested, the longer it will probably take. The most complicated cases that go to trial could take a year or more.
You never want to start settlement negotiations until the extent of the injury is understood. This can take weeks and sometimes months as physical therapy, specialty testing like MRI’s are performed and various specialists treat your injury.
After the medical picture is clear, a demand for settlement is made to the insurance company, but often they are not receptive and dare you to bring a lawsuit. That’s why a personal injury lawyer who is experienced in the litigation process is essential. If the insurance company won’t settle before a lawsuit, they usually will be more inclined to resolve the claim when they review a jury at the end of the road.
The process of litigation from injury to trial takes about a year, but it can also settle any time during that process, especially if the attorney they are against has trial experience and they know he is willing to bring your case before a jury.
Of course, you and your attorney have some control over how long it takes to settle. It is likely that there will be offers to settle and it will be up to both of you whether to accept an early settlement or not. It is important to work with an attorney experienced in Brazoria County, Texas personal injury cases to make sure that any proposed settlement is reasonable in your situation.
What happens in Texas if I am partially at fault for the accident?
Even if you are partially responsible for your accident, you still may be able to collect if the other party is also partially responsible. In Texas, as long as the defendant is at least 50% responsible you can recover the percentage of compensation attributed to their negligence. For example, in most circumstances involving negligence, if a defendant is found to be 75% responsible for $100,000 of damages, you would recover $75,000.
What can I expect in my personal injury case?
The best personal injury attorneys will make the entire process as easy as possible for you.
After we agree to tale your case, we will immediately start to protect your interests. We will call any insurance companies and others to let them know that we will represent you. That should protect you from all those annoying calls in which other people ask for information or statements. They will know to contact us first and leave you alone.
We will then gather and preserve evidence as quickly as possible. We will do interviews as soon as we can because people forget things as time goes on or they might move or pass away, We may even try to collect information from the other side. Getting and preserving evidence is often the key to a successful case.
We will usually create a “demand letter” which is a comprehensive summary of the facts of the case, the laws involved, the evidence we have gathered, and the damage claims that we expect to collect. The demand is an offer to settle and negotiations begin. If you accept a settlement offer, then you will collect payment and the case ends. If not, your case may require litigation. This would involve the filing of the lawsuit, the exchange of information, answering questions and documents and depositions of the parties, witnesses and doctors. After the discovery process ends the case usually goes to mediation to negotiate a settlement and if doesn’t settle then it may proceed to a jury trial.