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Questions and Answers About Your Personal Injury Case

 At Sewell Law Firm, our accident warriors handle hundreds of personal injury cases each year from victims all over Texas. We are often asked questions about the process of filing a personal injury lawsuit and managing a case. Below, we will briefly discuss a few of the most common questions we are asked, and provide helpful information for our readers.

What to do after a personal injury accident?
  • Take photos of your injuries
  • Visit a doctor if you haven’t already
  • If you have visited a doctor, follow their care plan and attend all follow-up appointments
  • Write down a narrative of what happened while it’s still fresh in your head
  • Make a list of witnesses and their contact information if you know it
  • Follow any additional instructions from your attorney
How do I know if I have a personal injury case?

Texas law considers auto accident injuries personal injury when the negligence of one party causes harm to another. It is your burden to prove that negligence occurred in personal injury cases, which makes it important to contact an attorney to explore your case.

    When should I hire an attorney?

    If you have been seriously injured in an accident caused by another driver you should seek an injury attorney IMMEDIATELY. Also, if you have significant medical bills, or if you are having trouble getting your own auto insurance company to honor an uninsured motorist insurance policy, you should have a knowledgeable car accident attorney review the specific facts and explain your legal options. If we determine that you have a valid personal injury claim, our attorneys can help you pursue compensation.

    Is there a deadline to file a personal injury case?

    Yes, in Texas, the statute of limitations (amount of time you have to file) is two years from the date of injury. Failure to file a claim within that time could result in your being ineligible to pursue recovery.

    How long does a personal injury case take?

    Every case we handle is as unique as our clients. We work hard to gather all the facts and evidence necessary to make your personal injury claim as complete as possible. The duration of your case will depend on various factors including parties involved, severity of the injuries, damages sought, etc.

    What am I entitled to recover?

    There are many different types of damages that you might be entitled to. Common examples of these damages include:

      • Medical expenses
      • Pain and suffering
      • Permanent disability or disfigurement
      • Loss of wages or earning capacity
      • Loss of physical property
      • Future medical expenses (surgery, therapies, or daily car

    My insurance company wants me to make a statement, or has offered me a settlement, what should I do?

    After an auto accident, it is important that you speak to an attorney before making any formal statements or agreeing to accept offers from an insurance company. Insurance companies often do not have your best interests at heart.

    What if I was partially at fault? Am I eligible for compensation?

    The short answer, maybe. You may still be eligible to receive compensation even if you were partly at fault, but it may reduce the amount you can recover. Texas applies a modified comparative fault rule to personal injury cases in which multiple drivers are at fault. If the court finds that you are partly at fault, you may still be eligible to recover damages as long as you are no more than 50 percent at fault. The amount of compensation that you would be eligible to recover would be reduced by a percentage equal to your degree of fault. For example, if a court found that you were 25 percent at fault for an accident and the court awarded $100,000 in damages, you would be eligible to receive $75,000.

    The driver who hit me doesn’t have insurance. Can I still file a claim?

    If the at-fault driver who hit you does not have auto insurance, you may file an insurance claim on your own uninsured/underinsured (UM/UIM) motorist policy. The Texas Department of Insurance requires that UM/UIM coverage must be offered as part of every automobile liability policy sold in Texas to protect drivers from damages caused by motorists who do not have insurance. Unless you specifically declined UM/UIM coverage, it is likely that your auto insurance policy protects you from damages caused by uninsured and underinsured drivers. If your insurance company disputes your uninsured motorist claim, have our experienced car accident lawyer review your accident to determine if we can help you.

    My child was injured in a car accident caused by the teenaged driver he was riding with. What can we do?

    You may have a claim against the teenage driver and his or her auto insurance provider for injuries caused to your child in the accident. If the auto insurance coverage on the vehicle that the teenager was driving was in the name of the teen’s parents, you may possibly have a claim against that insurance company. It is important to identify all the potentially responsible parties after an accident to maximize the compensation that an accident victim can seek. Those are the kinds of issues that a car accident attorney will research as part of preparing an accident claim.

    How Can an Attorney Help?

    Every case depends on the unique set of facts present in the case. An experienced injury attorney can give you more specific answers to these questions based on the actual circumstances of your case.

    An attorney helps you handle each step in the case in a way that’s calculated to help you get the result that you’re looking for. Your lawyer will take the time to get to know you, your priorities, and the details of your case. They can then guide you through the process to get the maximum compensation possible.

    At Sewell Law Firm, our Texas personal injury attorney is compassionate, caring, and battle ready to help clients get excellent results. Our attorney is knowledgeable in various aspects of personal injury law, and has the skills you need to get the compensation you deserve. 

    Call us today, 713-432-0730 or 888-432-0730

     

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