The Law Offices of Colby Lewis
What To Do After An Accident
Personal Injury FAQ
According to the latest data, over 31 million Americans receive medical treatment for injuries each year. Of these, many result in personal injury lawsuits against private persons, businesses, government entities and more. While personal injury lawsuits are prevalent, if you’ve been injured in an accident you will undoubtedly have questions about filing a claim. Here, we look at the most frequently asked questions we receive from our clients and give you the facts you need to make an informed decision about your potential personal injury lawsuit. Still have questions or want to get started? Reach out to the experienced Texas personal injury lawyers at the Law Offices of Colby Lewis for an evaluation today.
What is considered a personal injury in Texas?
Simply, a personal injury case involves injury to a person or their property. A Texas personal injury case can take many forms, including, but not limited to:
- Medical malpractice
- Slip and falls
- Wrongful death
- Product liability
- Vehicle accidents
- Other personal injury cases
To find out whether the facts of your case make filing a personal injury claim appropriate, contact an experienced personal injury lawyer for an evaluation.
What is the difference between a personal injury lawsuit and a criminal case?
Personal injury lawsuits are brought in civil court while criminal cases are brought in criminal courts. Criminal cases result in fines and/or jail time, while successful personal injury claimants are given compensation in the forms of damages. When someone sues you for a personal injury case, you will not go to jail or have charges filed against you. It’s worth noting that a single incident can have both a civil and criminal case associated with it, but these are separate actions with different outcomes.
How much can you sue for in a personal injury lawsuit in Texas?
Except for in the case of when a plaintiff sues a government entity, there is no limit on the amount of damages you can recover from a private person or business in Texas. Your compensation -known as “damages” -can encompass an array of damages, including, but not limited to:
- Medical bills
- Lost wages
- Pain and suffering
- Mental anguish
- Loss of earning capacity
- Other damages
Your Texas personal injury attorney will be able to evaluate your case and deem which damages are appropriate.
What is my personal injury lawsuit worth?
As noted above, a personal injury lawsuit can result in many different types of compensation. However, each case is different; you’ll need the help of a competent personal injury attorney to review the facts, determine liability and give you an estimate of the damages you could recover. There is no average settlement amount in Texas.
What is the time limit for filing a personal injury claim in Texas?
Texas law gives potential plaintiffs two years from the date of the incident to file a claim against the responsible party. If a potential plaintiff waits longer than two years, they will be unable to file a claim or recover compensation. This is why it’s so important that you consult with a knowledgeable personal injury attorney immediately following your accident.
How are personal injury settlements paid out in Texas?
Typically, you will receive either a structured settlement or a lump sum payout. Once you agree to a settlement and sign the accompanying documents, the insurance company will send the check to your attorney. State law requires insurance companies to disburse your settlement funds within five business days. Your attorney will deduct their fees and other expenses as well as pay outstanding bills such as medical liens before issuing you your check.
Colby Lewis fights for your rights and protects your interests
When a personal injury lawsuit is a possibility, there are many moving parts in deciding whether to file. Don’t be left wondering about your rights -the knowledgeable attorneys at the Law Offices of Colby Lewis know how to protect your rights and your interests. Contact us today by phone or online to get an evaluation of your case.
After an accident, you need someone who isn’t afraid to fight for your rights.
If you’ve been in an accident, follow these steps. Doing so can help ensure your legal representation and health are in the best position they can be after an accident
1. Notify Police
Always obtain a police report before leaving the scene of an accident!
2. Seek Medical Care
Serious injuries require immediate medical care; however, some injuries may not be felt until days after an accident. Always get checked out by a medical professional after an accident, even if you don’t think you need it.
3. Seek Legal Advice
Insurance companies will always act in their own best interests! Call Colby now to help handle your potential claim, large or small.
4. Open Claim
Colby will evaluate your case at no cost to you and will help begin the claims process with the insurance company.
5. Investigation
Once a claim is filed, the insurance company will perform an investigation to determine coverage and liability for the accident. The Investigation Phase often takes time and requires patience.
6. Continue Medical Care
During the Investigation Phase, you should continue to keep your doctor’s appointments and complete treatment with your physicians. You should always follow the treatment plan prescribed by your doctors since it can hurt your case if you don’t.
7. Present a Demand
Once your doctors notify Colby that your treatment is complete, Colby and his staff will gather all of your medical records and submit a monetary demand to the insurance company, who will then evaluate the demand.
8. Negotiation
The insurance company will review the demand and will typically make an offer to settle. But remember, the insurance company is only looking out for their interest. This means that these offers are often unfair to you.
Colby will attempt to negotiate a fair settlement, but if the insurance company refuses to do the right thing, your case may go to trial.
9. Finalization of Case
Your case will conclude either through negotiation (settlement) or a final trial (judgment). Throughout the process, Colby will stand by your side, skillfully navigating any challenges posed by the insurance company and advocating for your best interests at every step.
10. Client Compensation!
After all of these steps, the case will be over and you will receive a check for what you’ve been through. Providing these checks to clients is Colby and his team’s favorite part of their job!
Contact Colby Now
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