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While the accident may have been minor and the injuries not seem immediately serious, even minor injuries can morph into something far more serious over time. A couple of examples are whiplash and internal organ damage.
While many immediately experience whiplash symptoms, you may not develop whiplash symptoms for a few days or even weeks. The danger in just looking at immediate symptoms is that you settle early with the insurance company, giving up your claims before you know the true extent of your injuries. Another example of delayed symptoms is internal organ damage, which can show up later as well, particularly if there is deep bruising, torn muscles, or even a slight rupture in a major organ. Not every injury manifests in its final form in the immediate aftermath of a crash.
It’s more important than ever to speak to a personal injury lawyer about your accident, even if it seems to be minor. They’re trained to probe into every situation to identify whether or not you may have serious health issues, who was at fault for the crash, and what your possible outcome could be should you choose to file a lawsuit.
Talking to an attorney in the world we live in now is virtually a necessity as the economy and big insurance are on the prowl to make more money, pad their bottom line, and try to dismiss or downplay your accident claim. Adjusters know precisely how to twist your words and use an innocent mistake against you – all to minimize what they have to pay out.
While you may not think they would take advantage of you, after all, you’re a paying client with a clean driving record, they can and do go to great lengths to get something to use against you so your claim can be reduced, or denied. There isn’t much an insurance company adjuster won’t do to make sure your claim does not pay out at a deserved rate – given the scope of the injuries and damages. Adjusters have a “less is best” mindset when it comes to paying out on claims.
However, if you discuss your case and its circumstances with an experienced personal injury attorney, you get a clear picture of what your claim can involve, how it could move forward, and what to likely expect in terms of compensation.
While it’s nice that they offered you a settlement for your injuries, insurance companies are noted to hustle to get claimants to settle early and for less than they are entitled to in a settlement or court case. This is because insurance companies are a business and their bottom line is always to “make” money, and payout as little as possible. They are notorious for attempting to use your own words against you and trying to reduce or even deny your claim.
If you attempt to settle with them, you are not going to get a fair settlement and in fact, could be losing thousands of dollars that you may otherwise be entitled to receive. This is another reason to retain a personal injury lawyer. Legal counsel can and does raise the stakes for insurance companies trying to lowball injured plaintiffs.
Never forget that insurance companies are never looking out for “your” best interests. They are looking out for their best interests. This is the case even if the adjuster that calls you sounds reasons and is very caring and concerned about your injuries and how you are doing. Be wary. They are only out to protect their bottom line, not yours. Their business is to collect premiums, increase their revenue each year, and pay out as little as possible.
If you do agree to a settlement they offered, you cannot open the case again if you discover you need further surgeries or that your recovery is going to take longer than expected. Make no mistake, what an insurance company offers you in the way of a settlement means you are giving up your rights to fair compensation – compensation that an experienced personal injury attorney can help you to obtain.
So, if the insurance company representative or adjuster calls you, do not speak to them. Simply give them the name of your attorney. If you do not have one when they call, tell them you are in the process of hiring one and that when one is on board, they are going to return the call.
Never, repeat never, talk about the details of the accident in any way, shape, or form. Keep your opinions and thoughts to yourself and only discuss them with your attorney. Do not allow the adjuster to pressure you into making any comments on the accident or your injuries or your recovery or any previous existing injuries you may have.
If the lawyer for the other party involved in the accident calls, do not have any conversation with them other than to refer them to your attorney. Do not talk about the accident. Do not post anything about it online. Give the caller your attorney’s name and phone number and politely hang up. Once the other side knows you have engaged the services of an attorney they are banned from calling you. That said, it could still happen, so just refuse to speak to them and only speak to “your” personal injury attorney.
There is no specific definition of a catastrophic injury. Generally, we consider an injury to be catastrophic when it upends your whole life. A catastrophic injury prevents an individual from living or working at the same level they once did. The injuries sustained completely alter the course of the survivor’s life, and those effects could last their lifetime.
Some injuries considered to be catastrophic include:
If you or a loved one was injured in an accident caused by the negligence of another individual or caused intentionally by another person, speak to an experienced serious personal injury attorney.
Any accident can cause serious personal injuries. However, some of the most common accidents that can result in catastrophic injuries:
Catastrophic injuries lawsuits are filed under the personal injury umbrella. Filing a catastrophic injury suit is the same as filing any other personal injury lawsuit. However, with most catastrophic injury lawsuits, a plaintiff asks for compensation for a life’s worth of lost wages if it is appropriate.
Many types of accidents can result in personal injuries and those include, but again, are not limited to:
The two most important things to know about Texas personal injury law are the statute of limitations and how negligence plays a role in each case. Negligence is the basis of a personal injury lawsuit, and a companion principle also followed is comparative negligence (also called the shared-fault rule).
Comparative negligence is also called proportionate responsibility, meaning if a plaintiff is partially responsible for causing an injury to another, their share of awarded damages may be reduced.
It is also essential to know that Texas follows the 51-percent bar rule. That means if you are more than 51 percent at fault for an injury, you cannot collect any damages.
In Texas, the statute of limitations for personal injury cases is typically 2 years though there are many exceptions or even provisions requiring action in a much shorter time so contact a personal injury lawyer about your claim as soon as possible.
In Texas, you can recover most of the losses you sustained due to an injury and may be able to obtain compensation for past and future loss of earning capacity, disfigurement, medical costs, physical limitations, physical pain, and mental anguish. Be aware that in any accident there are various state and federal laws in place that may be applicable. Make sure you file your claim before the deadline has passed or you are barred from recovery. Check in with a personal injury lawyer to understand the deadlines, find out what your legal rights are and how to file a lawsuit if that is what you wish to do.
The damages you may be eligible for depend on several factors. Each case is different and each one needs to be assessed on the facts of that case alone. There is no one size fits all to determining compensation for various injuries.
Your personal injury attorney determines roughly what you may be eligible for by reviewing the facts of your case. Damages that may be awarded for the past and present costs for permanent disabilities that affect your daily life, any long-term and permanent disfigurement, such as amputations or severe scarring, short or long-term physical pain, emotional or mental suffering, income lost from your job, which includes any possible reduction in your ability to continue to perform the job to the fullest, and medical expenses.
Catastrophic injuries may be caused as a result of any type of physical trauma. There are, however, certain types of accidents that tend to result in these types of injuries more often. Some examples of the types of accidents that may cause such injuries include:
The type of compensation that may be sought in each case is individual to each case and thus there is no set category or amount a plaintiff is eligible to receive. The severity of a plaintiff’s injuries, what type of insurance is in play at the time of the accident and what actions the defendant and plaintiff made prior to the accident are all factored into determining the kind and amount of compensation awarded.
In general, a plaintiff may receive compensation for:
In order to get a general idea of what costs you may be able to recover by filing a claim, an attorney is usually able to predict a rough amount based on the strength of the plaintiff’s case. In some instances factors independent of the accident may make a difference in the outcome of your case. Your attorney discusses those with you when you go for a first, free consultation.
In Texas, the statute of limitations for filing a person injury claim is 2 years from the date the injury happened. If you do not file a lawsuit before that date, you lose any right to file a legal action. That said, there are many exceptions to the deadline. In some cases, you must present a claim within a few months of the event. It is critical that you talk to a personal injury lawyer as soon as possible so you do not miss those dates.
Contact a lawyer even if you think you have missed the statute of limitations. In some cases, lawyers are able to use legal strategies and arguments to extend the limitations period so that you may still be able to bring your claim.
A serious personal injury can drastically alter your life and cause great physical, mental, and emotional trauma. A serious personal injury is also referred to as a catastrophic injury. Catastrophic injuries may include, but not be limited to:
Not all personal injury cases are catastrophic. Whether we can pursue a personal injury case depends in part on the conduct involved. The key element in personal injury cases is the presence of negligence. Personal injury accidents can include: