What To Do After An Accident

The Do's and Don'ts for Injured Victims

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INFORMATION THAT IS CRUCIAL TO YOUR CASE: 

Keep Detailed Records 

Record the following information on a consistent basis to keep an accurate account of the suffering you have endured. 

• Lost work time and wages. 

• Your physical limitations. 

• Expenses resulting from your injuries (i.e., transportation, home care, etc.) 

• Pain and suffering. 

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Taking the time to record accurate information may positively affect the outcome of your case. For example, copies of checks and receipts of payment, as well as the above records, will be beneficial when an insurance company or attorney may ask you to recall your physical disabilities, pain, and any out-of-pocket expenses, including medication. 

Follow Your Doctor’s Advice 

Be sure to do what your doctors tell you and show up for all appointments. You are saying to the doctor and the insurance company that your pain doesn’t matter or affect you too much by missing a doctor’s appointment. 

It is essential for you to work hard to get well and show up to all of your appointments. These appointments can be viewed as evidence of your pain and rehabilitation. If you are in pain and do not visit a doctor, the insurance company and jury will not trust that you are in pain. 

Who Is At Fault in a Texas Accident? 

There are often more parties involved than the driver alone.  Truckers, trucking companies, manufacturers, companies who plan routes, and companies that load trucks are only a few of many individuals or entities which may cause a wreck. To hold the responsible party accountable and fully collect your losses, it’s crucial to identify all of the parties responsible for causing your accident. 

What Staff Members Say 

“I recommend people to hire us because we are responsible, work as a team, we care about people, and most important of all, we know what we are doing.” 

“We are a very dependable and professional law firm. We know how to handle business.” 

“We give the advice clients need for their lives, not their case, and fight hard to carry out the decisions our clients make about the matters we are hired to accomplish.” 

“I recommend that injured people hire us to represent them because we are committed to providing them with the best outcome of their case.” 

If you are looking for a committed, resourceful and compassionate law firm to advise and representatives to help you hold a responsible person accountable for your injuries, you should choose our firm as your personal injury attorneys. 

What Should I Expect A Personal Injury Attorney To Do For Me? 

You should expect that your personal injury attorney will be a teacher, an advisor, a communicator, an advocate, a representative; he/she should be your “Champion”. 

Your attorney should educate you on your rights, the legal basis of your claim, and the damages you can recover. 

Your attorney should advise you throughout the recovery process (physically, emotionally, and financially) in regards to what to expect and how to best care for yourself through the process of recovery. 

Your attorney should be an honest and effective representative for you. He is your voice in dealing with the defendants and representatives. 

Your attorney should be an advocate in the pursuit of your rights, advising, educating, fighting, and advocating for you. Someone you are proud of. 

Why Should I Hire An Attorney To Assist Me In Resolving My Personal Injury Claim? 

An experienced guide on your side, Higher net recovery to you, relief from worry. An insurance industry research institution studied personal injury claims handled by the injured person alone versus personal injury claims handled by attorneys. They found that those represented by attorneys had a higher net recovery (more money in their pocket after attorney’s fees) than those without. 

A skilled personal injury lawyer gives you the benefit of an experienced professional who will give you the benefit of his insight to equal the playing field when dealing with insurance companies and major corporations. In addition, hiring a personal injury attorney allows you to focus on your recovery from your injuries. 

How Do Law Firms Charge Attorneys’ Fees? 

We only recommend firms who work on a contingency fee, meaning that they do not get paid if they do not win. Injury victims can’t afford to pay attorneys by the hour. There are no upfront fees with the firms we recommend. 

Who Is Going To Pay Up Front For All Of The Costs And Expenses Of My Case? 

Costs must be advanced during the case to conduct discovery, hire experts, and prepare for trial. We advance all costs. Reimbursing the costs when the case settles is the responsibility of the client. If we recover no money for you, you owe nothing. 

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What Is The Value Of My Case? 

Because every case is different, it is impossible to immediately know how much money, if any, you will recover. In severe injury cases, the ultimate recovery is often related to the amount of insurance coverage available, the nature and extent of your injuries, and the assessment of liability.

In general, most states allow the recovery of damages for the following elements of damage: 

• The nature and extent of injury, such as whether the injury is permanent, and the amount of disability. 

• Loss of consortium for your spouse, past, and future. 

• Pain and suffering, which includes your motor vehicle and other items of personal property. 

• Wage loss, past and future, and loss of ability to earn a living. 

• Medical expenses, including future expenses that are reasonably possible to be incurred, such as include mileage to and from the hospital. 

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Why Does It Take So Long To File A Claim? 

A claim cannot be made until after the doctors have given us reports stating what your medical condition is exactly, and what they predict it to be in the future, which is to say until you have reached “maximum medical improvements.” Unfortunately, the doctors will often be very slow in making these reports. 

If your case is settled before your medical condition is stabilized, you could end up losing some money you might be entitled to for a condition that did not show up until after your case was settled. It is essential to know that your case will not be settled until the damages have been determined, and all investigations have been completed to determine who is liable. 

It generally takes months to collect the needed information. If a trial is necessary, it could take multiple years to complete a case. One of the most challenging requests we ask of you is to be patient. Our firm will work as fast as possible to settle your case. 

Whom Should I Talk To About My Case? 

Do not talk about your accident with anyone except your lawyer and your doctors. If your insurance company wants to talk about your case before they pay your medical bills, please refer them to your attorney. 

Remember that our firm will obtain any necessary information from employers, schools, or other persons. Also, avoid signing anything for anyone else until you have checked with your attorney 

What Is Uninsured/Underinsured Driver Insurance? 

If you were hit by an uninsured or underinsured motorist, you might be eligible for benefits under your policy or the policy that covered the vehicle you were using. Many insurance companies have special provisions if you wish to proceed against the policy’s uninsured motorist provision. In most cases, you will still be able to collect medical bills, lost wages, pain and suffering etc. as if the driver that hit you had insurance. Your lawyer will ask that you give them a complete copy of your insurance policy in force at the time of the accident. 

What Is Subrogation? 

The law provides “subrogation” If an insurance company pays some of the expenses arising from your injury, which means that the insurance company stands “in your shoes” and can recover some or all of the amounts paid on your behalf from the liable party. If this is the case, they are usually required to pay a proportionate share of the attorney’s fee and costs connected with the recovery. This is handled on a case-by-case basis. 

What Should I Do About Medical Liens? 

Some clients are involved in an accident with no insurance, medical payments, private health insurance, or worker’s compensation. In this case, your doctor will expect you to pay them at the case's conclusion. Often they will require you to agree, in writing, for the law firm to pay them directly from the proceeds you receive. In addition, state laws sometimes permit health care providers to file a “lien,” which must be paid out of the case proceeds. If your doctor asks you to sign a “lien letter,” be sure to contact us. In some cases, it may be inappropriate to sign. 

What If I Choose To File Bankruptcy? 

If you consider filing bankruptcy, it's important to know that you may lose the rights to your personal injury case. The Bankruptcy Court may take over your case, settle it and give your settlement money to your creditors, and you will receive nothing. So be sure to communicate with your lawyer before filing for bankruptcy. 

What About Claims That Are Filed Against The Government? 

Any injury claim involving the government is subject to special rules Whether it originates from a car collision or other event. The government entity may be the United States, a city, county, state, or a local government. A Notice of Claim must usually be filed with the appropriate government agency soon after your injury. If you believe that the government is involved in your case, please notify us immediately. 

THE LEGAL PROCESS 

First Steps In Representing You 

Your initial interview with the law firm will help them gather basic information about your case. They will guide you on what to do, and give you essential materials to aid you. You will then be asked to sign certain authorization forms that allow them to obtain your medical records and other pertinent information. 

Your firm will contact the person responsible for your injury or the insurance company and notify the parties you have retained us as your attorneys. We also will contact all of the doctors and hospitals involved in your care to obtain your medical chart and billing information. 

Filing A Lawsuit 

Before we file a lawsuit, we will obtain your permission and explain why we believe a lawsuit should be filed. Your attorney should decide to file a lawsuit with your input. Filing a lawsuit may be needed to obtain adequate compensation for your injury. 

Settlement is always possible and is often an alternative to filing a lawsuit. However, only a tiny percentage of cases make it to trial. 

Going To Trial 

The following are necessary steps to bring your case to trial. 

1. Pleadings 

Pleadings are documents parties file in court which form the basis of a lawsuit. This is meant to be general information only. Every case is unique. 

Complaint or Petition – A lawsuit is filed by filing a document in court called a petition or complaint. The person bringing the action is the plaintiff – you. The person the action is brought against is the defendant. The petition is a statement of facts alleging the parties’ names and alleging why the defendant’s conduct entitles damages to be recovered for the plaintiff. 

Summons – Once the plaintiff’s petition is successfully filed, a “summons” is issued to be served by an officer of the court on the defendant, Usually, a process server or Deputy Sheriff informing the defendant that suit has been filed and that a response must be made within a certain time frame, or else a judgment will be taken against him. 

Answer or Motion – The response filed by the defendant is reffered to as an Answer, which the attorney prepares for the defendant. A motion to dismiss the complaint or strike portions of the complaint may alternatively be filed if a defense attorney believes there to be a critical problem with the lawsuit 

1. Discovery 

Once an action is filed, both sides have a right to “discover” facts about the opposing party’s case. Regular discovery proceedings include depositions, production of records, written interrogatories, and sometimes medical examinations. 

Interrogatories – Each side may serve “interrogatories” which are written questions on the opposing party. You must answer these questions within a prescribed time period, in writing and under oath. We will serve interrogatories on the defendant on your behalf. The defendant will serve interrogatories on you, which you must answer. Our firm will assist in preparing your answers. 

Depositions – a deposition is used to learn as much as possible about the other side’s defenses or claim, under oath, which is transcribed in a statement that either side may use in a lawsuit. It has the same result as testifying under oath. Those present are the parties concerned, their lawyers, a court reporter who records the questions and answers, and sometimes an additional witness or two. The lawyers typically agree beforehand where to hold the deposition. Usually it is in the office of one of the lawyers. You are required by law to give a deposition. Your full cooperation will be needed due to this. Your firm will review the details of the case with you and answer any questions you might have before the deposition. 

YOUR DEPOSITION IS OFTEN THE MOST IMPORTANT PART OF YOUR CASE. 

It is vital that you be prepared well prior to the deposition date. 

There are a few rules to follow when giving a deposition: 

1. Always tell the truth, even if it hurts your case. 

1. Always be polite. The other attorney will frequently ask you many questions that will seem to you to have no bearing on the case. Nevertheless, it is your duty to answer these questions, even though they may irritate you. 

1. Do not hide prior illnesses or injuries. Remember, the other side has the means of obtaining such information. 

1. Think before you answer any questions. If it concerns something you do not know or a detail you do not remember, you may state. Once you have stated that you do not know, it will be difficult to change your testimony at trial. 

1. Only answer questions. Do not make any voluntary speeches or statements. 

Mediation 

Occasionally the parties submit the dispute to “mediation”. The parties meet with an independent third person, such as an experienced lawyer or retired judge, who helps the parties arrive at a settlement. The results are not binding. It is informal and inexpensive compared to a trial. Your lawyer will discuss if this is an option for your case. 

If you have lost a loved one or been seriously injured due to a car accident, you need the advice of an experienced personal injury attorney. Call us today to get a free consultation.