Frequently Asked Questions
The first thing you or a loved one should do after a auto accident or other catastrophic accident is seek medical attention. Don’t concern yourself with cost: seek emergency care immediately. After this, however, it’s time to start thinking about legal representation. You and your family need to get started on your case as soon as possible in order to give yourselves the best possible chances of receiving financial damages for your ordeal. The claims process includes interviewing witnesses, collecting physical evidence, and other tasks which grow more difficult with the passage of time.
You don’t. In general, personal injury law allows victims of medical malpractice, vehicle accidents, and other accidents to file claims against those responsible, but the only way to know for sure whether you have a case or not is to speak with an experienced personal injury lawyer.
There are complicated formulas involved in calculating how much a claim is worth. These formulas include variables such as lost income, the cost of emergency and continuing care, and the pain and suffering of the victim or victims involved. Both personal injury attorneys and claims examiners use these formulas to determine the worth of a claim, but there is no easy way to even estimate how much a claim is worth without further understanding of the details concerned.
There is no way to be sure whether your case will go to trial, but most personal injury cases are resolved through negotiations during the claims process. It’s very expensive and time-consuming for insurance companies to go to court over a claim, so they will try to avoid litigation if possible. Often an insurance company will offer a fair settlement at the last moment in order to avoid a trial, especially when an accident victim has a personal injury attorney representing them.
Personal injury cases involving oil field accidents, vehicle accidents, or medical malpractice can take months or years to settle, especially if litigation is involved. Getting started on your case immediately, however, may save you and your family valuable time in the future when it comes to resolving your case.
Accident victims and their families who are seeking financial compensation after a truck crash or other catastrophic accident start by filing a claim. In an ideal world, this process would be simple, and insurance companies would always treat accident victims fairly. Unfortunately, that’s not the case. The claims process in both Texas and New Mexico is extremely complicated, and victims and their families are often treated in bad faith by claims examiners eager to take advantage of their relative lack of legal experience. By having an attorney, victims can help make sure that they’re not agreeing to a settlement prematurely or otherwise compromising their rights when it comes to a case. Additionally, sometimes there are third parties such as vehicle manufacturers whose responsibility for an accident may not be immediately obvious. Allowing a lawyer to review the facts of your case can help you be sure that you’re identifying all parties who may be liable for your situation. Finally, if negotiations don’t succeed and your case does go to trial, of course, you’ll want to have an aggressive legal partner on your side. These are all reasons that it’s highly recommended you have legal representation if you’re filing a claim related to a motorcycle accident or other matter of personal injury law.
Financial compensation in personal injury cases accounts for both so-called economic costs related to an accident (such as a victim’s lost wages and medical expenses) and for non-economic costs (such as a victim’s pain and suffering). That means that if your claim is successful, you may eligible to receive monetary damages sufficient to cover your medical bills and missing income as well as help compensate you for your physical and mental anguish.
In Texas, the spouse, children, or parents of a victim are eligible to file wrongful death suits, while in New Mexico, wrongful death suits are filed by the personal representative of the deceased’s estate.