FAQS
INJURY LAWYER
Why should I hire a lawyer immediately after an injury?
Here are the key reasons why you should hire a lawyer immediately for your injury claim:
Preserve evidence: A lawyer can help ensure that crucial evidence is collected and preserved before it’s lost or destroyed. This may include surveillance footage, witness statements, or physical evidence from an accident scene.
Avoid mistakes: The period immediately after an injury is crucial. A lawyer can guide you on what to say (and not say) to insurance companies, how to document your injuries, and how to avoid actions that could harm your claim.
Handle communications: Your attorney can manage all communications with insurance companies and other parties, protecting you from making statements that could be used against you later.
Understand your rights: An experienced lawyer can explain your legal rights and options, helping you make informed decisions about your case.
Accurate valuation: Lawyers experienced in personal injury cases can more accurately assess the true value of your claim, including future medical expenses and long-term impacts.
Navigate complex laws: Personal injury laws can be complex and vary by state. A lawyer can navigate these laws to build a strong case on your behalf.
Meet deadlines: There are strict deadlines for filing claims and lawsuits. A lawyer will ensure all necessary paperwork is filed on time.
Negotiate effectively: Insurance companies often try to settle for the lowest amount possible. An experienced lawyer can negotiate more effectively to secure a fair settlement.
Prepare for trial: If your case goes to court, having a lawyer from the beginning ensures you’re well-prepared for trial.
Focus on recovery: By handling the legal aspects of your claim, a lawyer allows you to focus on your physical and emotional recovery.
No upfront costs: Most personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless you win your case.
Maximize compensation: Studies have shown that injury victims who hire attorneys often receive larger settlements than those who handle claims on their own.
What kind of insurance should I maintain to properly protect me in the event of an injury?
To properly protect yourself in the event of an injury, you should maintain several types of insurance. Here’s a breakdown of the key insurance types and their importance:
Health Insurance
– Covers medical expenses from injuries, regardless of cause
– Helps manage costs of doctor visits, hospital stays, medications, and treatments
– Can include coverage for rehabilitation and therapy
Auto Insurance
– Bodily Injury Liability: Covers injuries you cause to others in an auto accident
– Personal Injury Protection (PIP): Covers medical expenses for you and your passengers, regardless of fault
– Uninsured/Underinsured Motorist Coverage: Protects you if you’re injured by a driver with insufficient or no insurance
Homeowners or Renters Insurance
– Liability coverage for injuries that occur on your property
– Can cover medical expenses for guests injured in your home
– Protects you if you’re sued for an injury that occurred on your property
Umbrella Insurance
– Provides additional liability coverage beyond the limits of your auto and home insurance
– Offers protection against major claims and lawsuits
Disability Insurance
– Short-term disability: Replaces a portion of your income if you’re temporarily unable to work due to injury
– Long-term disability: Provides income if you’re unable to work for an extended period or permanently
Life Insurance
– Provides financial protection for your dependents if you die due to an injury
– Can cover funeral expenses and replace lost income
Workers’ Compensation Insurance
– If you’re self-employed, consider getting this to cover work-related injuries
Travel Insurance
– For those who travel frequently, this can cover medical expenses and evacuations for injuries that occur while traveling
Accidental Death and Dismemberment (AD&D) Insurance
– Provides a lump sum payment for accidental death or certain serious injuries
Key points
Review your policies regularly to ensure adequate coverage
Consider your lifestyle, occupation, and risk factors when choosing coverage levels
Understand your policy limits and any exclusions
Higher deductibles often mean lower premiums, but ensure you can afford the out-of-pocket costs
What should I do at the scene of a car accident?
At the scene of a car accident, take these steps:
Ensure everyone’s safety. Move to a safe area if possible and check for injuries.
Call the police, even for minor accidents. An official police report can be crucial for your claim.
Exchange information with other drivers, including names, contact details, insurance information, and license plate numbers.
Take photos of the scene, including vehicle damages, road conditions, traffic signs, and any visible injuries.
Get contact information from witnesses.
Don’t admit fault or apologize, as this could be used against you later.
Seek medical attention, even if you feel fine. Some injuries may not be immediately apparent.
Contact your insurance company to report the accident.
Consider contacting a personal injury attorney, especially if there are significant damages or injuries.
How long do I have to file an auto accident claim in Texas?
Texas has a two-year statute of limitations for most auto accident claims, starting from the date of the accident. This applies to personal injury lawsuits and property damage claims. However, it’s important to note that insurance companies often have their own deadlines for filing claims, which are typically much shorter. It’s best to file your claim as soon as possible after the accident to ensure you don’t miss any deadlines and to preserve evidence. If you’re filing a claim against a government entity, you may have even shorter notice requirements, sometimes as little as 90 days.
Will my insurance rates go up if I file a claim for an accident that wasn’t my fault?
In most cases, your rates should not increase if you were not at fault for the accident. Insurance companies typically base rate increases on factors within the policyholder’s control. However, policies can vary between insurance providers, and some may raise rates even for not-at-fault accidents, especially if you have a history of claims. It’s best to check with your specific insurance provider about their policies. Additionally, if the accident is incorrectly recorded as your fault or if fault is disputed, this could potentially affect your rates. If you’re concerned about potential rate increases, consider discussing the situation with your insurance agent or a personal injury attorney.
What should I do immediately after a dog bite?
After a dog bite, take these steps:
Seek medical attention immediately, even if the wound seems minor. Dog bites can lead to serious infections.
Report the incident to local animal control or police. This creates an official record and helps prevent future incidents.
Try to get the dog owner’s contact information and insurance details if possible.
Take photos of your injuries and the location where the bite occurred.
Get contact information from any witnesses.
Keep all medical records and receipts related to your treatment.
Contact a personal injury attorney experienced in dog bite cases to discuss your legal options.
Can I sue for a dog bite in Texas?
Yes, Texas allows dog bite victims to sue for damages. Texas follows a “one bite rule,” which means that if the dog has never shown aggressive behavior before, the owner might not be held strictly liable for the first bite. However, the owner can still be held liable if you can prove they were negligent in controlling their dog. Additionally, if the dog has a history of aggression or has bitten someone before, it’s easier to establish the owner’s liability. In either case, you may be able to seek compensation for medical expenses, lost wages, pain and suffering, and other related damages.
How long do I have to file a dog bite lawsuit in Texas?
In Texas, you generally have two years from the date of the incident to file a personal injury lawsuit for a dog bite. This is known as the statute of limitations. It’s crucial to act within this timeframe, as failing to file within two years typically means you lose your right to sue for damages related to the dog bite. However, there are some exceptions to this rule, such as cases involving minors. It’s best to consult with an attorney as soon as possible after the incident to ensure your rights are protected and to begin building your case.
What is a non-subscriber employer in Texas?
A non-subscriber employer in Texas is one that has opted out of the state’s workers’ compensation system. Texas is unique in that it allows employers to choose whether or not to carry workers’ compensation insurance. Employers who choose not to participate in the workers’ comp system are called “non-subscribers.” While this can save the employer money on insurance premiums, it also leaves them vulnerable to lawsuits from injured employees. Non-subscriber employers often have their own injury benefit plans, but these plans may not provide the same level of protection or benefits as workers’ compensation. It’s important for employees to understand their rights and the potential risks if they work for a non-subscriber employer.
Can I sue my employer if I’m injured at work and they’re a non-subscriber?
Yes, you can sue a non-subscriber employer for work-related injuries. This is one of the key differences between subscriber and non-subscriber employers. In a typical workers’ compensation case, employees are generally prohibited from suing their employer for work-related injuries. However, if your employer is a non-subscriber, you retain your right to sue. In these lawsuits, you may be able to recover damages that aren’t typically available in workers’ comp cases, such as compensation for pain and suffering. Additionally, non-subscriber employers lose several key legal defenses, making it potentially easier for injured workers to win their cases. However, you will need to prove that your employer’s negligence contributed to your injury.
What types of compensation can I seek in a non-subscriber work injury claim?
In a non-subscriber work injury claim, you may be able to seek various types of compensation, including:
Medical expenses: Both current and future medical costs related to your injury.
Lost wages: Compensation for time missed from work due to your injury.
Loss of earning capacity: If your injury affects your ability to earn income in the future.
Pain and suffering: Compensation for physical pain and emotional distress.
Mental anguish: For psychological impacts of the injury.
Disfigurement: If the injury resulted in scarring or other visible effects.
Physical impairment: For loss of bodily functions or capabilities.
Punitive damages: In cases of gross negligence, to punish the employer and deter similar conduct.
How are personal injury damages determined in Texas?
Personal injury damages in Texas are determined through a comprehensive evaluation of various factors. Here’s a detailed breakdown of how damages are typically assessed:
1. Types of Damages:
Economic Damages:
– Medical expenses (past and future)
– Lost wages
– Loss of earning capacity
– Property damage
– Other out-of-pocket expenses
Non-Economic Damages:
– Pain and suffering
– Mental anguish
– Physical impairment
– Disfigurement
– Loss of consortium
Punitive Damages: (in cases of gross negligence or intentional harm)
2. Calculation Methods:
– Economic damages are typically calculated based on actual costs and projected future expenses.
– Non-economic damages are more subjective and may be determined using methods like:
* Multiplier method (economic damages multiplied by a factor)
* Per diem method (assigning a daily rate for pain and suffering)
3. Factors Considered:
– Severity of injuries
– Long-term prognosis
– Impact on quality of life
– Age of the victim
– Pre-existing conditions
– Comparative fault (if applicable)
4. Evidence Used:
– Medical records and bills
– Expert testimony (medical, economic, vocational)
– Witness statements
– Employment records
– Photographic or video evidence
5. Texas-Specific Considerations:
Modified Comparative Fault:
– Texas follows a 51% bar rule. If you’re found to be 51% or more at fault, you cannot recover damages.
– Your award is reduced by your percentage of fault if it’s 50% or less.
Damage Caps:
– No caps on economic damages
– Caps on non-economic damages in medical malpractice cases ($250,000 per defendant, $500,000 total)
– Punitive damages capped at the greater of: (2 × economic damages) + non-economic damages (up to $750,000), or $200,000
Statute of Limitations:
– Generally 2 years from the date of injury
6. Jury Decisions:
– In jury trials, the jury determines the amount of damages based on the evidence presented and instructions from the judge.
7. Settlement Negotiations:
– Many cases settle out of court, with damages negotiated between parties based on the strength of the case and potential jury awards.
8. Future Damages:
– For ongoing or future damages, experts may be used to project costs and losses over time.
9. Life Care Plans:
– In cases of severe, long-term injuries, a life care plan may be developed to estimate future medical and care needs.
10. Mitigation of Damages:
– The injured party has a duty to mitigate damages, which can affect the final award.
11. Insurance Policy Limits:
– While not a legal cap, insurance policy limits can practically limit recoverable damages in many cases.
12. Collateral Source Rule:
– Texas follows this rule, meaning compensation from other sources (like health insurance) doesn’t reduce the damages the defendant must pay.
Remember, each case is unique, and the specific circumstances will greatly influence the determination of damages. It’s crucial to work with an experienced personal injury attorney who can help gather all necessary evidence and argue effectively for fair compensation.
How are medical expenses evaluated by a jury in Texas?
Medical expenses in a personal injury claim in Texas are evaluated by juries in a specific manner, particularly due to the “paid or incurred” rule. Here’s a detailed explanation:
Paid or Incurred Rule
– Texas Civil Practice and Remedies Code §41.0105 states that recovery of medical expenses is limited to the amount “actually paid or incurred by or on behalf of the claimant.”
What This Means
– Plaintiffs can only recover the lesser of:
* The amount actually paid by them or on their behalf (e.g., by insurance)
* The amount still owed to medical providers
Billing vs. Adjusted Rates
– Often, there’s a significant difference between the amount billed by healthcare providers and the amount actually paid by insurance companies due to contractual adjustments.
Evidence Presented to Jury
– The jury typically sees the full amount billed by medical providers.
– They are not informed about insurance payments or adjustments.
Post-Verdict Adjustment
– After the jury verdict, the judge will adjust the award to reflect the “paid or incurred” amount if necessary.
Factors Juries Consider
– Necessity of the treatment
– Reasonableness of the charges
– Relationship between the injury and the treatment
– Credibility of medical testimony
Past vs. Future Medical Expenses
– Past medical expenses: Limited to amounts paid or incurred.
– Future medical expenses: Based on reasonable projections of necessary care.
Subrogation
– Health insurers may have a right to be reimbursed from the settlement or verdict.
Proving Medical Expenses
-Requires detailed medical records
– Often involves expert testimony from healthcare providers
– May include testimony about the reasonableness and necessity of treatment
Challenging Medical Expenses
– Defendants may challenge the necessity or reasonableness of medical treatments or their costs.
Collateral Source Rule
– Generally, evidence of payments made by insurance companies is not admissible in court.
Affidavits
– Texas law allows for the use of affidavits to prove up the reasonableness and necessity of medical expenses.
Negotiated Rates
– The Texas Supreme Court has ruled that evidence of negotiated rates between insurance companies and healthcare providers is discoverable and can be used to determine the reasonable value of services.
Uninsured Plaintiffs
– For uninsured plaintiffs, the full amount billed may be considered “incurred,” potentially leading to higher recoverable amounts.
Letters of Protection
– When treatment is provided under a letter of protection, the full amount may be considered “incurred” until paid.
Key Takeaways
Juries see the full billed amount but awards are adjusted post-verdict.
The focus is on reasonable and necessary medical expenses.
The actual recovery is limited to amounts paid or still owed.
Expert testimony is often crucial in establishing the reasonableness of expenses.
It’s important to note that this area of law can be complex and is subject to ongoing legal interpretations. An experienced personal injury attorney can help navigate these rules and present medical expenses effectively in a Texas personal injury case.
How are future medical expenses evaluated in Texas?
Future medical expenses in Texas personal injury cases are evaluated differently from past medical expenses. Here’s a detailed breakdown of how they are assessed:
Legal Standard
– Future medical expenses must be proven with reasonable probability, not absolute certainty.
No “Paid or Incurred” Limitation
– Unlike past medical expenses, future medical expenses are not subject to the “paid or incurred” rule.
Evidence Required
– Expert testimony (usually from medical professionals)
– Life care plans
– Medical records and prognosis reports
– Economic expert testimony on future costs
Factors Considered
– Nature and extent of the injury
– Prognosis for recovery
– Life expectancy of the plaintiff
– Anticipated future treatments and medications
– Potential complications
– Inflation and rising healthcare costs
Reasonable Probability
– Must show that future medical care will, in reasonable probability, be necessary
– “Reasonable probability” generally means more likely than not (over 50% likelihood)
Specificity
– Courts prefer specific evidence rather than generalized statements about future needs
Life Care Plans
– Often used to detail future medical needs and associated costs
– Prepared by medical and economic experts
Present Value Calculation
– Future expenses are typically reduced to present value
– Economic experts may testify about appropriate discount rates
Jury Consideration
– Juries are instructed to consider only those future medical expenses reasonably probable to be incurred
Challenging Future Medical Expenses
– Defendants may present their own experts to contest the necessity or cost of projected treatments
Pre-existing Conditions
– Must differentiate between future care needed due to the injury versus pre-existing conditions
Technological Advancements
– May consider potential future medical advancements that could affect treatment needs
Geographic Considerations
– Cost projections should be based on rates in the area where the plaintiff is likely to receive treatment
Mitigation
– Plaintiffs have a duty to mitigate damages, which includes following reasonable medical advice
Ongoing Care vs. One-time Expenses
– Distinguish between ongoing care needs (e.g., physical therapy) and one-time future expenses (e.g., surgeries)
Quality of Life Considerations
– May include expenses for assistive devices or home modifications necessary due to the injury
Insurance Coverage
Future availability of insurance is generally not considered in calculating future medical expenses
Burden of Proof
– The plaintiff bears the burden of proving future medical expenses
No Speculation
– While absolute certainty isn’t required, awards can’t be based on mere speculation or conjecture
Appellate Review
– Awards for future medical expenses are subject to review for sufficiency of evidence
Key Points:
Future medical expenses must be proven with reasonable probability.
Expert testimony is crucial in establishing these costs.
The focus is on specific, evidence-based projections rather than generalized estimates.
Courts aim to ensure that plaintiffs are compensated for likely future needs without awarding speculative damages.
An experienced personal injury attorney can help gather and present the necessary evidence to support a claim for future medical expenses in Texas, working with appropriate medical and economic experts to build a strong case.
Will my lost wages be compensated, even if they were paid under paid time off?
This is an important question that many people have when dealing with personal injury claims. Here’s a detailed explanation:
General Rule
– In Texas, you can typically claim lost wages even if you were paid through paid time off (PTO), sick leave, or vacation time.
Collateral Source Rule
– Texas follows the collateral source rule, which means that compensation from sources independent of the wrongdoer (like your employer’s PTO policy) should not reduce the damages the defendant must pay.
Rationale
– The idea is that you shouldn’t be penalized for having good benefits, and the at-fault party shouldn’t benefit from your foresight in accruing leave time.
What Can Be Claimed
– The wages you would have earned during the time you were unable to work due to your injury.
– This includes time covered by PTO, sick leave, or vacation time.
Documentation Needed
– Proof of your regular wages or salary
– Documentation of the time missed from work
– A letter from your employer confirming the time off and your pay rate
Consideration of PTO Used
– Courts often view used PTO as a loss because you can’t use that time for its intended purpose (actual time off work for rest or vacation).
Potential Complications
– If your employer continued to pay your full salary without requiring use of PTO, the situation might be more complex.
Self-Employed Individuals
-If you’re self-employed, you can still claim lost income, but you’ll need detailed documentation of your typical earnings.
Future Lost Wages
– If your injury affects your future earning capacity, this can also be claimed separately from past lost wages.
Tax Considerations
– Lost wage compensation is typically taxable, unlike some other forms of personal injury compensation.
Overtime and Bonuses
– If you regularly earned overtime or bonuses, these can often be included in lost wage calculations.
Part-Time or Multiple Jobs
– If you work part-time or have multiple jobs, wages lost from all affected employment can potentially be claimed.
Burden of Proof
– You (the plaintiff) have the burden of proving your lost wages with reasonable certainty.
Expert Testimony
– In complex cases, especially those involving future lost wages or self-employment, expert testimony from an economist might be necessary.
Mitigation
– You have a duty to mitigate damages, which means making reasonable efforts to return to work when medically cleared to do so.
Key Takeaways:
In most cases, you can claim lost wages even if you used PTO.
The collateral source rule in Texas supports this approach.
Proper documentation is crucial for substantiating your claim.
Each case is unique, and the specific circumstances can affect the outcome.
It’s always advisable to consult with an experienced personal injury attorney who can guide you through the process and help ensure you’re fully compensated for all applicable losses, including lost wages covered by PTO. They can also help navigate any complexities specific to your case.