The first thing you should do if you’ve been hurt due to someone else’s negligence is to go to a personal injury attorney who can give you a professional opinion on whether or not you have a case. This could be done anytime before or after your emergency hospital visit. Share any paperwork, documents, or notes that pertain to your circumstance with your attorney. Your attorney will provide you with a free initial consultation to examine the circumstances around your case. If both of you agree to proceed with the representation, the personal injury attorney will send you a signup package which includes the contingency fee agreement, HIPAA, Lost Wages verification form and power of attorney.
Finding the appropriate personal injury attorney to represent you might be the difference between success and failure in court. Talk to the lawyer about their experience and success rate with cases like yours, how they handle client communication, how many cases they have litigated, their results, how they manage their case volume, the various steps in the personal injury process, and anything else on your mind. You should expect the lawyer to ask you many questions at the first consultation. A lawyer who guarantees specific compensation at the first consultation should raise red flags. Professional legal representation requires additional time for a case evaluation.
Personal injury lawyers often work on a “contingency fee” basis, meaning they are paid nothing unless they win your case. When your case closes, and you get compensation, your attorney will receive a fee equal to a percentage of that amount, often between 35% and 45%, as payment for their services. In addition, the attorney will cover the expenses associated with the case (e.g. police report, court fees, court reporter fees, etc…) and will be refunded those cases from the recovery. If you decide to retain legal representation, you’ll be required to sign a client contract outlining the terms of your relationship and the agreed-upon cost. Before agreeing to the charge, be sure all your queries are answered.
The lawyer will investigate the circumstances of your incident and the negligence of the people involved. The initial step is called “determining liability.” Furthermore, the attorney will look into the extent of your injuries and damages. The attorney then will make a claim with the insurance company of the person that caused your damages. These initial steps are the most significant part of your case. The person at fault usually tries to deny the incident; or their insurance company (attorney) will advise them on how to dodge accepting liability. There is no such thing as a clear liability case. Majority of the time, the insurance company would not even accept liability; however, they will proceed with the case to see if they can reach a settlement. Throughout the case, your attorney will inform you of any discussions and significant developments.
There are 2 options in handling your property damage. First, you can use your own insurance if a Collision or Uninsured motorist coverage is available on your policy. If you do not have that option available, you can continue with your claim with the at-fault party’s insurance company. Accessing your own insurance policy expedites your property damage claim, and you do not have to wait for the investigation stage of your case. The problem is that you have to pay the deductible upfront; however, your insurance will pursue the at fault party’s insurance themselves and get their money and your deductible back. However, you will be limited to the amounts covered under your own policy and your purchased coverage. If you pursue the second option, the process is much longer, and it may be a while before you gain access to your vehicle. Our office will walk you through the steps. There are no fees at this stage if you handle the property damage yourself through your own insurance.
Your health and recovery is the most essential part of your case. Your car can be replaced or repaired; however, some injuries are permanent and do not reveal themselves until many years later. The insurance companies are in the business of downplaying your injuries and their severity to pay you less for your compensation. Therefore, attending all your doctor visits and treatment goes to the heart of your case. Unfortunately, insurance companies drag like cases to court and tell the jury that you are not injured. When we go to court, we can’t mention the word insurance, so it looks like you are asking the person that caused your collision for money, and they count on the jury’s sympathy for a lower recovery. Therefore, following your doctor’s instruction and evidencing every detail of your injuries to present to the jury is crucial to your recovery from your damages. Your treatment will be one of the lengthiest stage of your case.
After you are done with your treatment, our office will assist you with gathering all your medical bills and records to submit to the insurance company. Once all medical bills and notes are collected, we review them to form an evaluation based on your injuries. We will put our evaluation, bills, and notes into a “Demand Package” and give it to the insurance company for an offer. This stage will take approximately 4-6 months, depending on the volume of your medical bills and records.
Many personal injury cases are settled out of court before a lawsuit is even filed. Your lawyer will speak on your behalf with the insurance provider for the negligent party. The insurance company will often make a settlement offer, and your lawyer will advise you on whether or not to accept the offer based on their expertise. While legal counsel is invaluable, it is ultimately up to you to choose whether or not the proposed settlement is satisfactory.
The Petition is where you become specific about what happened and how much money you’re owed. Common jurisdictions include the county where the harm happened or the defendant’s county of residence. The Petition is handed along to the defendant by personal delivery once it has been filed. An “answer” to the Petition is due within a certain time frame. In their “answer,” the defendant either confirms or rejects the claims made against them in the Petition, usually rejecting it.
This is when both sides collect information and evidence from one another and outside sources. Questionnaires, called interrogatories and document requests, are two forms of written discovery. When a lawyer examines a witness, expert, or party in a deposition, the testimony is considered on the record and is admissible in court. Your attorney must know your current contact information to facilitate your participation.
The parties to a legal dispute can request mediation at any point in the proceedings. Mediation is a kind of alternative dispute resolution in which both sides, represented by counsel, meet with a third party who serves as an impartial referee. As the mediator facilitates, each party makes its case and attempts to reach a compromise. An offer made during mediation is not legally binding and may be accepted or rejected by any party.
We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.
Your attorney will present your case in front of a judge or jury, and the other side (the defendant) will give their defense after that. After hearing the evidence presented by both parties, the judge or jury will decide (1) whether the defendant is accountable (legally responsible) for your injuries and harm and (2) how much the defendant must pay you in damages.
Suppose the jury decides against you or against the other side. Either party can file an appeal if they believe either party or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.
Legal fees are not included in your medical expenses. While “No Recovery, No Fee” applies to legal costs, you will still be responsible for paying any necessary medical expenses out of pocket. If you sought medical attention at an emergency room following your accident and received a charge, it is your obligation to pay it; we cannot do so because it is not our bill. You may, however, authorize your personal injury attorney to reimburse the medical providers out of the final settlement or judgment.
The terms of our fee structure are outlined in full when you sign your contingency fee agreement (No Recovery, No Fee) with our personal injury law office. There are no hidden fees or charges, and they are fully explained in paragraphs 1 and 2 of our Contingency Fee Agreement. We want our clients to have confidence in their attorneys to offer them with peace of mind and to ease their worries. Our priority is to get you the best possible outcome for your injuries and losses.
If you are engaged in an accident, it will leave your vehicle in ruins, your body will be in excruciating agony, and you will be absent from work. As attorneys who specialize in personal injury law, we are familiar with the challenges that might emerge in the aftermath of a vehicular collision. As a result, we offer you a free first consultation so that we can collect all of the information necessary to make an accurate assessment of your case. After doing the analysis, we will determine whether or not we are willing to take on your case under the terms of a contingency fee agreement (No Recovery, No Fee).
Working with a vehicle accident attorney might help you obtain fair compensation that may surpass what the insurance company would provide you on your own. A car accident lawyer will assist you in presenting every element of your case to the insurance company or a judge. He or she may provide information that you would have overlooked if you handled the discussions alone.
The amount you paid will almost always be used to assess reimbursement for your auto repairs and medical expenditures. The lawyer will assist you in negotiating a fair payment for your pain and suffering. It is the insurance company’s responsibility to provide you the lowest acceptable settlement sum. That is how the organization maximizes its own income and profits. An insurance adjuster may attempt to demonstrate that you received needless therapy. They may claim that you were able to go to work.
If you’ve been harmed in a car accident, a lawyer can help you take the appropriate precautions to protect yourself. Everything relating to the accident must be documented. When a doctor can attest for missed work days and the treatment you got, you should be entitled to recoup your losses.
If you want to maximize your payout, you must do more than file a claim with your insurance carrier. An attorney can assist urge the insurance company to look into the situation further. A long investigation may be launched, and the payout will be negotiated with the insurance company by the personal injury lawyer. It is not always necessary to file a lawsuit in order to receive a settlement award for whiplash or any vehicle injury. The insurance company and your attorney may be able to strike a deal. If they don’t, you could have to go to court. A car accident lawyer can help you with your inquiries regarding suing following a vehicle accident.
A personal injury lawyer who accepts a contingency fee arrangement promises not to collect any money up front. Lawyers who take cases on contingency receive their payment not from their clients but rather from the money they win for them.
Before beginning any legal representation, the client and practitioner will negotiate the contingency fee. As a result, there will be no unpleasant surprises when it comes time to pay their fee at the end of the case. There is some variation in the percentages that attorneys charge, but no two attorneys will charge more than 50%.
When taking a case on contingency, the lawyer takes on all financial risk. This is due to the fact that if the lawsuit is lost, the attorney will not be paid anything. An attorney’s fee is paid exclusively from the money won from the opposing party, thus the client incurs no upfront costs.
The average settlement for an automobile accident is determined by a number of variables. A judge will consider the type of damage, treatment plan, length of therapy, loss of income, and the severity of the accident. Most settlements are only provided after the medical treatment has been finished. The amount of compensation you get will be influenced by permanent injuries.
Whether you’re dealing with an insurance company following a vehicle accident, let them know if you’re still undergoing medical care so you don’t settle for less than you deserve.
GoSuits Law Firm assists clients throughout the state of Texas with various personal injury cases. Make the right choice and talk to an experienced personal injury lawyer by calling 844-Go-Suits or sending us an email at email@example.com after reading our Car Accident Help Guide to find out what the following stages are in pursuing your personal injury claim.
Please also see Understanding My Insurance Policy
If you were hurt in a car accident, your insurance or the insurance of the other driver might pay for your injuries and damages. If the accident was your fault and you have collision coverage on your own car, the insurance company will pay a certain amount to fix your car. If the cost to fix the damage is more than the value of your car, the insurance company may say your car is totaled and give you a lump sum based on how much it’s worth.
When the other driver was careless and caused the accident, his or her insurance company should pay you for any losses, damages, pain, and suffering. The amount the company gives you might be a lot less than you expect. It is easy to get money back that you have spent. Pain and suffering are hard to put a fair price on.
A contingency arrangement allows the personal injury attorney to pay for your case expenses as well. Once we have recovered a settlement, we will reimburse the legal firm for those expenditures. Personal injury claims are expensive. The money that the attorney needs to spend to collect the information needed to handle your case appropriately is one of the costs associated in personal injury litigation. The police department, for example, charges a fee to generate a copy of the police report, video of the collision, and police call record. Medical providers charge per page for the creation of your medical records. Filing a case in court costs money. Additional expenditures include, but are not limited to, deposition fees, investigation fees, mediation fees, and so on.
The nice part about working with GoSuits is that we handle the majority of these requests digitally in order to save you as much money as possible. For example, we ask for most of your medical documents and bills in digital format and pay a flat cost rather than a per page charge. The approach allows us to complete our evidence collection and analysis processes more quickly, which saves you money.
If you are injured in an accident, you may be wondering who will pay for your medical care. An accident settlement or a jury verdict is excellent, but it won’t help you pay your medical costs right now. This post will go through how your medical costs are paid on a regular basis. The short answer is that it depends on the sort of accident, the state in which you live, and the type of insurance involved. Continue reading for more information.
(See Damages in an Accident Injury Claim for information on the compensation you’re entitled to in a personal injury claim following your accident, including money for medical costs.)
General Rule – The Defendant Does Not Have to Pay Your Medical Bills on an Ongoing Basis
The most important thing to know is that if you get into an accident, you usually have to pay for your own medical bills as they come up. The only exception is car accidents that happen in “no fault” states, which are presented about below. Even if the person who hurt you was clearly at fault, the law doesn’t say that they have to keep paying your medical bills. The only thing the law requires is that if the other person is at fault, he or she must pay you damages to end your lawsuit, and in many cases, your medical bills are a part of those damages. But the defendant doesn’t have to pay your medical bills as they come in.
Motor Vehicle Accidents – “No Fault” States
In a motor vehicle accident case, coverage of your medical bills depends on whether the accident happened in a “no fault” state or not. No fault insurance means that your automobile insurer will pay some or all of your medical bills if you get into a car accident, regardless of who was at fault for the accident. In some “no fault” states, there is a limit to what your own automobile insurance company will pay. The limit differs from state to state, but is generally $10,000 or less.
The coverage of your medical costs in a car accident lawsuit is determined by whether the accident occurred in a “no fault” state or not. If you have no fault insurance, your vehicle insurance company will cover some or all of your medical expenses if you are in a car accident, regardless of who was at fault. There is a limit to what your own motor insurance company will pay in several “no fault” jurisdictions. The maximum varies by state, although it is usually $10,000 or less.
You are liable for paying your medical expenses once they surpass the state’s “no fault” limit. If you have health insurance, your insurer will cover your medical expenses. If you have Medicare or a state-run health insurance program such as Medicaid, the costs will be paid. If you do not have health insurance, Medicare, or Medicaid, you must make payment arrangements with your health care provider
Motor Vehicle Accidents – Non “No Fault” States
If you are in an automobile accident in a state without no-fault insurance, you will be responsible for paying your own medical fees. Some drivers in these states, however, have medical payment insurance (often known as “med pay” coverage). “Med pay” coverage pays the medical expenditures of other drivers or passengers in an automobile collision with the insured, up to the insured’s “med pay” policy limitations, which are often less than $10,000. You will be liable for paying your expenses after they surpass the “med pay” policy restrictions. Because “med pay” coverage is not often needed, you are responsible for paying the expenses if neither you nor the person at fault has it.
Premises Liability (Slip or Trip and Fall Accidents)
Unless the premises owner’s property insurance policy includes “med pay” coverage, the injured individual is normally responsible for paying his or her own medical expenses in a premises liability or slip and fall case. If the property owner has “med pay” insurance, his or her insurance company will pay the injured person’s medical expenditures up to the policy limitations. The wounded individual is then accountable for paying the costs.
Boating insurance policies seldom include “med pay” insurance coverage, therefore if you are injured while boating, you will almost certainly be responsible for paying your medical expenses.
If you are injured at work, your workers’ compensation insurance will cover all of your medical expenses. You are not compelled to contribute any money toward your medical expenditures if you are injured at work. There are no medical expenses or deductibles to pay. Furthermore, several states require the workers’ compensation insurer to reimburse you for all of your transportation expenditures (miles, tolls, and parking) to and from medical visits.
The Insurer That Pays Your Medical Bills Is Entitled To Reimbursement
If a health insurance, Medicare, or the state agency in charge of administering Medicaid coverage pays your medical expenses as a result of your accident, they have the right to be repaid for the amount they paid your health care providers.
If you are wounded in an accident and there is no insurance coverage, and it turns out that you don’t have a personal injury case — whether it was your fault, there is inadequate proof, or another reason – you will be responsible for all of your medical expenditures. In this instance, you have few alternatives and will almost certainly have to pay for your own medical treatment. If you can’t pay your debts, you’ll have to rely on family and friends for help, or consider filing for bankruptcy.
Yes, unless the responsible party refuses to accept culpability, we will handle your property damage claim for free. When the at-fault party refuses to accept responsibility, we must initiate a lawsuit against them. Following that, we will file a claim for your property damage, personal injuries, lost pay, and all other losses. This counsel is provided on the same Contingency Fee Agreement (“No Attorney Fees if No Recovery”).
No, we are a law practice that assists with the judicial recovery of business debts and court judgements, among other things. From the first discussion with debtors through the execution of judgments made against debtors in Texas and other states, our attorneys assist clients at all phases of commercial and judicial debt collection.
Our primary focus is on the recovery of commercial debts and judicial arrears on behalf of businesses, contractors, and subcontractors. In most cases, GoSuits Law Firm does not take in debt collection matters involving individual customers who owe money on consumer loans.
The fees that GoSuits charges to handle a commercial debt or judicial collection case depend on many things, such as the type and amount of the unpaid debt, the status and assets of the alleged debtor, and how complicated the issues are. Depending on the specifics of each case and the facts, we may even be able to get back the costs and fees we had to pay to collect the debt. GoSuits Law Firm’s fees include hourly billing with monthly payments, flat-fee arrangements based on specific cases, contingency-fee engagements, and hybrid contingency-fee engagements. Depending on how the fees are set up, the client may have to pay for court costs and other costs related to the case. When you call GoSuits to talk about a possible collection case, an attorney can help you figure out which of the firm’s different fee structures works best for you.
The commercial collection lawyers of the GoSuits Law Firm are skilled in many facets of the commercial collection procedure, including debt restructuring through structured payment arrangements, UCC filings, asset attachment, and other business remedies. Despite the fact that the court system is one of the numerous options for recovering commercial debt, it is not usually the initial step and may not always be the best one. GoSuits’ commercial collection lawyers give clients advice on the appropriate course of action to take in each commercial and judgment collection issue in order to maximize recovery, and they then vigorously carry out that course of action.
The capacity of debt collection firms to retrieve unpaid debts is restricted. The multiple judicial procedures available in Texas can only be used by a professional attorney to help clients recover money. We could even be able to recover the charges and fees associated with the debt collection procedure, depending on the specific facts and circumstances of your commercial collection situation.
No. However, it can assist you in obtaining the greatest results for your claim. Large firms and manufacturers have formidable legal teams who strive to defend their earnings. A faulty product lawyer may assist level the playing field by advocating for a fair settlement that includes all of your injury-related expenditures, even if that involves going to court.
You have two years in Texas from the date of your injuries to initiate a faulty product claim. But it doesn’t imply you should put off seeking legal counsel. Gathering the medical documents and data required to create a successful claim takes time, and each day you wait to seek legal counsel diminishes the amount of time a Dallas faulty product lawyer has to work on your case.
If you have been harmed by a defective product, contact the attorneys at GoSuits. We are here to assist you in obtaining the compensation you require for your physical damage, lost earnings, and medical expenditures. Call us today or fill out our free online form.
Several factors influence the worth of your case, including:
At the GoSuits Law Office, we understand that every case is unique. When you contact us, a Dallas defective product lawyer will go over the specifics of your case and explain your legal options.
Product liability is an area of law that holds companies accountable for designing, manufacturing, and marketing defective products that harm consumers.
No, not necessarily. A board-certified personal injury trial attorney from our firm will negotiate on your behalf with the firms that made, designed, or sold the product that injured you before your case gets to trial. You will not have to go to court if we achieve a reasonable settlement that covers the full costs of your injuries. However, if those corporations refuse to make you a reasonable deal, going to court may be your best option. We will keep you updated on every detail of your case, explain all of your options with you, and assist you in making the right decision for you and your family.
Trucking company insurance carriers are in the business of paying as little as possible for claims made against them. You can practically guarantee that any settlement they give will be pennies on the dollar compared to what you can achieve with the assistance of a truck accident attorney.
Most lawyers specialize in one area of the law. You would not engage a tax attorney to represent you in an 18-wheeler injury accident lawsuit. You should call an expert truck crash attorney in Tyler, Texas who is familiar with insurance companies, trucking rules, and medical expenditures.
To defend their profit lines, insurance corporations and transportation businesses employ armies of attorneys, paralegals, and workers. An 18 wheeler accident lawyer in Dallas, Texas, works for you and can provide you with the greatest defense against these powerful institutions.
We work on a contingency basis at The GoSuits Firm. This means that we only get paid if we win your case or secure an out-of-court settlement. We also provide complimentary consultations.
Call The GoSuits Law Firm at 844-Go-Suits if you or someone you know has been harmed in an 18-wheeler collision. Our courteous staff will ask you a few questions about your case before connecting you with an attorney who can assist you with your 18 wheeler accident damage claim.
Remember that insurance companies, like any other business, exist to earn a profit. If an insurance company pays full compensation, its “bottom line” suffers, hence it will do everything possible to limit the damage and harm. An expert 18 wheeler accident lawyer in Tyler, Texas strives to protect your rights, not the bottom line of the insurance company.
Certainly not. Some dishonest insurance adjusters will use your statement against you during the claims procedure. The best method to protect yourself is to direct any insurance company queries to your 18 wheeler accident attorney.
When you’ve been hurt in an 18-wheeler collision, there are several factors that might have contributed to the disaster. Mechanical failure on a tractor trailer can be caused by old tires, malfunctioning brakes, insufficient safety systems, or any number of other factors that might have been avoided if the trucking firm followed standard vehicle maintenance schedules. All of these are grounds for an 18 wheeler injury accident case.
Truck drivers are prohibited by state and federal law from operating tractor trailers while under the influence of drugs or alcohol. Drivers must also take pauses to avoid sleepy driving, according to federal standards. If your truck accident lawyer discovers proof that the driver was operating under these conditions, your case against the trucker and his business will be strengthened.
You must not reveal any information to the transportation business, its insurance carrier, or the trucking attorney. You can instead recommend them to your 18-wheeler accident lawyer. A seasoned Tyler, Texas attorney knows which questions to ask and how to appropriately respond to them while still preserving your rights.
You should call an 18 wheeler accident attorney as soon as possible. The sooner you contact an attorney, the fresher the evidence for your case will be, and the higher your prospects of collecting compensation for your injuries will be. Accident reconstruction, data downloads from the vehicle’s “black box,” and scene investigation are all things that must be done quickly following a truck crash. If you wait too long to contact a truck accident lawyer, some of this evidence may be lost.
Sean Chalaki has collected millions of dollars in wrongful death compensation for Texas victims. If you believe you have a wrongful death claim following the tragic death of a loved one, contact Sean Chalaki today to discuss your case.
Sean Ckalaki can schedule a free consultation about your case whether you live in Dallas, Murphy, Carrollton, McKinney, Houston, Pasadena, Baytown, Sugar Land, Conroe, League City, or elsewhere in Texas. Simply call the Chalaki Law Firm at 844-Go-Suits or fill out the online form.
Adoptive parents may file a wrongful death lawsuit for the death of their adopted child, but stepparents and foster parents cannot. Grandparents cannot also sue for the wrongful death of a grandchild. In Texas, divorced parents can sue for their child’s wrongful death.
Wrongful death claims are subject to two statutes of limitations, which specify how long a person has to file a claim before filing one. The claim that the deceased individual may have brought has a statute of limitations. In most circumstances, that term in Texas is two years from the date of the person’s injuries. There is also a statute of limitations on your own wrongful death claim, which is usually two years from the day your spouse, child, or parent died.
If you believe you have a wrongful death claim, you should speak with an experienced personal injury attorney as soon as possible to avoid losing the claim.
No. A deceased person’s heir or estate representative can make a personal injury claim that the deceased individual would have been allowed to assert if he or she had survived a tragic accident under the Texas Survival Statute. A wrongful death claim is a distinct claim for compensation made by the deceased person’s spouse, children, and parents in response to the loss of their loved one.
No, unfortunately. Siblings cannot file a wrongful death lawsuit in Texas for the death of a brother or sister.
The Texas Wrongful Death Act allows biological children of a deceased parent to file a claim. An adopted kid who has been formally and legally adopted may file a wrongful death claim against his or her adoptive parent, but not against his or her original parent.
Adult children may claim for their parent’s wrongful death.
If a wrongful death lawsuit is successful, the plaintiff may be entitled to obtain both real and exemplary damages.
Actual damages include the following:
Exemplary damages are attainable in a wrongful death action where the defendant’s purposeful act or omission or gross negligence caused the person’s death.
Historically, wives, parents, and children of someone died in an accident could not sue for the losses they incurred as a result of their loved one’s death in Texas. The Wrongful Loss Act modified that by establishing a new cause of action that allows these people to sue if they suffer genuine damages as a result of the death of their spouse, child, or parent.
After someone causes the death of their spouse, parent, or child, family members and the deceased’s estate can seek compensation through a wrongful death lawsuit.
Texas Civil Practice and Remedies Code Title 4, Chapter 71 serves as the basis for wrongful death and survival lawsuits in Texas.
Whether the couple’s marriage was formal or common law, a spouse can file a wrongful death case. Even if the spouses were separated when one of them was slain, and even if the surviving spouse remarried after the other’s death, the claim might be filed. At the moment, same-sex spouses cannot sue for wrongful death in Texas.
The majority of personal injury lawyers practice on a contingency fee basis. That is, the attorney is only compensated if your claim is successful. The charge is usually calculated as a percentage of your recovery. When the attorney accepts your case, the fee percentage and the management of fees and expenses to represent you will all be spelled out in a fee agreement. In general, if you do not win your lawsuit, you will not owe anything to your attorney.