The Immediate Aftermath: Figuring Out What Happens Next

You’ve been injured in a sudden, unexpected accident; now comes the incredibly daunting challenge of figuring out exactly what happens next. There are many complex, highly technical things to consider in the chaotic aftermath of a severe injury, some of which may ultimately determine whether or not you will be fairly compensated for your pain, and if so, exactly how much your final financial recovery will be. Deciding whether or not to hire legal representation, determining whether or not you actually have a valid, actionable claim, understanding relevant time limits, navigating complex insurance coverage, proving the root cause of the injury, and correctly identifying the specific person or corporate entity responsible for it are all critical factors that must be carefully considered. Attempting to manage all of these moving parts while simultaneously trying to heal from physical trauma is a recipe for disaster, which is why securing the guidance of experienced automobile accident lawyers is often the most important decision a victim can make.

One of the first, and arguably most important, things to consider is whether or not to hire an attorney to represent your interests. Even if you strongly believe that you would like to proceed without an attorney and handle the insurance adjusters yourself, it would be a very good idea to at least meet with a legal professional for a free initial consultation to get general information and the attorney’s initial, unbiased thoughts on the strength of your case. If you do choose to hire an attorney, he or she will help you navigate through the notoriously complex legal process while aggressively working on your behalf. Most personal injury claims are handled on a contingency fee basis; this means that you do not pay any money out of pocket up front. Instead, your personal injury attorneys will keep a pre-agreed percentage of whatever amount of money they are able to successfully obtain for you. Attorneys who are deeply familiar with Texas personal injury law can help you avoid costly, irreversible mistakes, such as missing out on a valid case entirely because of a misunderstood statute of limitations.

Understanding the Clock: Statutes of Limitations

Statutes of limitations are basically strict, legally enforced time limits; depending on the specific limitation that applies to your case, you will have a certain, finite amount of time from the exact date on which you were injured to officially file a civil claim against the party who injured you. The specific statute of limitations relevant to your unique situation can depend heavily on exactly how you were injured, where you were injured, and who was ultimately responsible for your injury. For instance, if a person slips and falls, suffering a severe injury at a privately owned public retail store in Texas, he or she generally has up to two years to file a claim. However, if that exact same person suffered a similar slip and fall at a government-owned building or on city property, the rules change drastically; he or she may have as little as six months to file a formal notice of claim under the Texas Tort Claims Act. If too much time lapses between your injury and your filing of a lawsuit, you will be legally barred from successfully collecting anything against the people responsible for your injuries and their massive insurance companies, regardless of how strong your evidence is.

The Complex Web of Insurance Coverage

Insurance coverage is something that most people do not spend much time considering or analyzing until the exact moment that they desperately need it. If you’ve been injured, the specific types of insurance coverage that you and the person who injured you are covered under become very important to your financial survival. The homeowners, automobile, or commercial business insurance policy of the person who injured you will likely be the primary source of compensation for your injuries. Obviously, you are much more likely to recover a substantial settlement if another person was clearly responsible for your injuries, but some types of insurance, including your own personal healthcare insurance or Personal Injury Protection (PIP) coverage, may be required to compensate you for immediate medical expenses and injury even if you were partially at fault for your own injuries.

How and where you were injured are significant aspects in determining your legal rights and identifying the correct insurance policies to pursue. For instance, if you have been injured while on the clock at work, the Texas worker’s compensation insurance system may be involved in your claim, which generally operates on a no-fault basis. If you were injured at a retail store or other commercial site because of an unsafe condition, the corporate owners of the building and their massive commercial liability insurance policies may be involved in your claim, but you will have the heavy burden of proving that the owners actually knew, or should have known, of the unsafe condition. If you were involved in an automobile accident, state traffic laws and the specific circumstances surrounding the accident will be very important in determining fault and liability, which will in turn determine which driver’s automobile insurance will be forced to pay. The rules and insurance coverage regarding dog bites, firearm injuries, injuries caused by government employees, injuries taking place on government property, dangerous and unsafe consumer products, recreational injuries, and many other types of injuries are all vastly different, and each must be handled in the proper, legally mandated manner or you may lose out on an otherwise perfectly valid claim.

Calculating Value and the Litigation Process

Even if you have a perfectly valid, easily proven claim, it may be incredibly difficult to determine exactly how much your claim is actually worth by yourself. An attorney who is highly experienced with catastrophic personal injuries and the associated, often aggressive negotiating processes can help you determine exactly how your mounting medical expenses, devastating income loss, and non-economic damages (things like severe pain and suffering or mental anguish) will be computed and analyzed by skeptical insurance representatives. After you and your attorney have reached a solid, evidence-based estimate of what your claim may be worth, your attorney will attempt to settle your claim with the other parties and their insurance companies outside of court. If a satisfactory, fair settlement offer is not made or accepted by the other parties, your attorney may strongly recommend that you file a formal lawsuit to force their hand.

Once a lawsuit has been officially filed in a Texas court, your attorney will be able to gather additional, previously hidden information through a formal legal process known as discovery. Discovery is a powerful tool, with which your attorney will be able to strengthen your case by forcing the other side to hand over internal documents, emails, and sworn depositions; but, discovery is a double-edged sword. The other parties will aggressively use discovery to shed light on your claim, dig into your past medical history, and help evaluate whether or not they should settle or take their chances in front of a jury. Most personal injury cases do eventually settle before going to trial, some on the very eve of trial, but a settlement is never guaranteed. If a fair settlement is not reached, your attorney will plead your case in a court of law, working tirelessly to get you the maximum compensation you deserve.