This Blog was brought to you by The Carabin Shaw Law Firm – Call Shaw! – Personal Injury Lawyer San Antonio
FREQUENTLY ASKED QUESTIONS
When is the best time to hire a lawyer?
The best time to retain a lawyer in a personal injury or wrongful death case is immediate. Cases are won or lost on the evidence. The sooner the lawyer can get started taking statements from witnesses, shooting photographs of important things, and preserving essential evidence in the case, the better. The fee is a percentage of the recovery, so it does not cost more. In many cases, the price is lower if a claim is settled earlier without extensive litigation, which can result in more money to the client from the settlement. More on this website about Laredo Personal Injury Lawyers
How long will my case last?
At the outset, it is difficult to predict how long a case will go on before the final settlement because of many factors. Generally, cases in less severe injury matters are resolved in six months to a year, and in complex and catastrophic injury cases, many cases take two or three years to settle. Trial before a jury in most personal injury and wrongful death cases takes between one and two weeks. Some complex cases can take several weeks or even months. More on this website
Do I have to pay any attorney’s fees upfront if I hire your firm?
The easy answer is no. Our office works on a contingency fee basis and fronts all the expenses on your case. We get reimbursed for our costs out of the settlement proceeds. Our fee is generally 331/3 percent if the case settles before filing a lawsuit and 40 percent if a lawsuit must be filed. If we do not make a recovery on your case, then you owe our office nothing.
What type of costs can be expected in my case?
The first thing that costs money in handling a case is the investigation. Investigators are used to taking statements from witnesses, photographing the scene of the accident and the damage to the vehicles, and locating other important evidence. There are also fees for the reports obtained from police, fire departments, and other investigative bodies. Next, hospitals and physicians’ offices charge for copies of their medical records and bills. Experts, such as physicians, life-care planners, accident reconstruction, safety engineers, biomechanical engineers, economists, or others, may be necessary to prove the issues in your case. Expert charges are frequently the most expensive part of litigation, with hourly rates varying from $150 per hour to $1,000 per hour. In each case, the expenses are managed very carefully to accomplish the dual goals of proving all issues in the case and not spending more than necessary. The law firm is reimbursed for the case expenses from the funds recovered for the client.
How is a claim valued?
Every claim is valued individually, and many factors must be considered to reach a reasonable value range. There are three key factors in determining the value of a case.
LiabilityDamages – Available Coverage
Liability is who is at fault for the accident. In Texas, we have what is known as an at-fault state. Your claim can be decreased if you were partially responsible for the accident. The second factor in determining the value of your claim is the damages suffered by the injured party. The worse someone is injured, the more valuable the claim becomes. Some of the important considerations are: the type of injury, the length of the disability resulting from the injury, permanent residual pain, loss of function, scarring, past and future medical expenses, and loss of earnings and lost earning capacity. The last factor is the available coverage. This means how much available insurance coverage is there to compensate a person for his or her injuries, or is the defendant self-insured and able to pay the injured party?
Should I give the insurance company a tape-recorded statement?
Generally speaking, the investigators or adjusters for an insurance company that represents the wrongdoer that caused an accident to want to take a tape-recorded statement from the injured claimant to use later to limit the claim’s value. By getting the injured person to say on tape that they are not severely injured, or if the injured person forgets to describe any significant parts of the injuries suffered, the defense will later play the recording in court to say “the person didn’t have the problems being claimed in court at the time of this recording, so they are not real or not related to this accident.” In other words, the tape recording is used against the interests of the injured party and to try to prevent the injured person from claiming any injuries or losses later on that are not described in the recording. The best advice is never to provide such a recording!
How do I get my car repaired in an auto accident, and can I get a rental car?
The party at fault for the auto accident is responsible for the property damage to your vehicle. The insurance company must pay the vehicle’s fair market value if the car is a total loss. You are also entitled to payments for loss of use of your vehicle while it was inoperable. If the car is fixable and not determined to be a total loss, then the insurance company must provide you with a rental car while your vehicle is being repaired. Many times it is difficult to get the adverse insurance carrier to comply with these requirements, and it is necessary to have a personal injury attorney help you with these matters. Call us today so our office can help you through these difficult times.
Am I responsible for my medical bills?
The ultimate answer to this question is yes. However, different situations and various ways depend upon the type of accident in determining how the accounts should be paid. You can also be reimbursed for travel expenses through your insurance carrier. The party that caused your injuries is responsible for medical bills in personal injury protection. If you were involved in a slip and fall accident, the premises where you were injured might have medical payments coverage that will cover your medical expenses. Contact our office for a more in-depth conversation with our attorneys to discuss how medical bills would be handled as it relates to your particular situation.
10 Tips for Injury Victims
1. Obtain immediate medical assistance.
2. Hire an experienced personal injury lawyer as soon as possible.
3. Write a detailed summary of all facts surrounding the accident. (Only give this to your lawyer.)
4. Do not give representatives of insurance companies or adjusters written statements or tape-recorded statements when asked to do so on the telephone. Have them contact your lawyer.
5. Obtain a doctor’s note for all time taken off work due to your accident, even if you are self-employed.
6. Save all physical evidence, and mark them with some identification tag. This may mean the shoes involved in a trip and fall accident, the receipt for products purchased at a store where you fell, or material or foreign objects which caused a fall.
7. Obtain and save the names of all witnesses and persons involved in an accident. Be sure to get the telephone number and address of the witnesses.
8. Take photos of all damages. This means damages to any motor vehicle, motorcycle, etc. Also, take photos of all visible injuries. Be sure to develop these pictures immediately. If they do not come out well, retake the photographs before the physical wounds have healed. If a dangerous condition causes a fall, take pictures of the hazardous condition before it is changed or repaired.
9. Do not sign anything without the approval of your lawyer. Insurance companies and adjusters frequently request people to sign authorizations to obtain information or releases of all claims. Be sure to show these documents to your attorney before signing them.
10. Avoid gaps of time between medical treatments. The defense uses long periods between medical appointments to argue that the later treatment is unrelated to the accident. Also, be sure to give each doctor you see an accurate history of all the physical and mental problems experienced as a result of the accident.
What are the DOs and DON’Ts after an accident?
DO: Get medical care immediately, write a detailed account of what happened for your attorney, report the accident to the police and your insurance company, and keep a journal of how you are doing with your injuries and affecting you. Consult with a knowledgeable lawyer as soon as possible (this usually is free). Take photos of your injuries, damage to your vehicle, or the dangerous condition that caused your injury. Save the defective product that caused an injury and the receipt for it.
Don’t: Don’t give a tape-recorded statement to anyone from an insurance company or adjusting firm without first consulting your lawyer. Don’t delay in seeing a doctor for your injuries. Don’t negotiate with the other person’s insurance company without first talking to an attorney. Factually speaking, people represented by an attorney receive a settlement three times greater than those who try to obtain payment without the help of an attorney.
More great Personal INjury Blogs here:
https://www.p-i-attorneys.com/personal-injury-attorney
https://mcallen-auto-accident.com/personal-injury-lawyer/
https://laredo-auto-accident.com/personal-injury-lawyer/
https://el-paso-auto-accident.com/personal-injury-lawyer/
https://www.accident-lawyers-dallas.com/personal-injury-lawyer/
https://laredotruckaccidentlawyer.com/laredo-personal-injury-lawyers/