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Frequently Asked Questions Asked To Peronal Injury Attorneys

Can I file a lawsuit against the party that caused my injury? Who is responsible when a person is injured? How do I decide if I need to hire an attorney? How much will an attorney cost? How long do I have to hire an attorney? How will my claim be processed? What damages can I recover? How can I determine how much my claim is worth?

I was injured. Can I file a lawsuit against the party that caused my injury?
In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the injury.



Who is responsible when a person is injured?

The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. Personal injury is part of the law of torts, the legal term that includes many types of injuries to people and their property. Every tort claim must include four basic elements including duty, breach of duty, damages, and proximate cause. The defendant must have a legal duty toward the plaintiff. The defendant must have violated that legal duty. The plaintiff must have suffered some harm for which the law allows an award of monetary damages. The defendant's breach of a legal duty must be related to the plaintiff's injury closely enough to be considered a proximate cause of the injury.

There are a number of principles that apply to the law of torts and personal injury. These principles recognize degrees of fault on the part of the person who causes the injury. In general, the degrees of fault can be described as negligence, intentional fault, and strict liability.

The term negligence is essential to tort law. Everyone is expected to take normal ordinary care to ensure that their action or the actions of others under their control, do not cause anyone harm. If they fall below that standard, and someone is injured or their property damaged, then they become negligent. Negligence does not mean that the person deliberately intended to cause harm; it only means that they did not take reasonable care or they did not act when any reasonable person would have. The degree of care varies with the circumstances of each case. A plaintiff likewise has a duty to exercise reasonable care under the circumstances on his own behalf.

Strict liability means that one does not have to prove negligence to recover damages. In the case of product liability, the law now holds that you do not have to prove the manufacturer was negligent if someone is injured while using a product. They only have to prove the product was defective when it left the hands of the particular seller and that was the proximate cause of the injuries. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer to the retail store. In strict liability cases, a plaintiff can recover if his percentage of responsibility is less than 60 percent.

An "intentional tort" refers to a personal injury caused by a person who has the intent to cause harm. It may also refer to injury caused by willful or reckless conduct. Intentional torts include assault and battery, intentional infliction of emotional distress, libel and slander, etc. Comparative negligence is not a defense in intentional tort actions.



How do I decide if I need to hire a personal injury attorney?

There are situations where a personal injury attorney is unnecessary, such as very small cases. Small claims court in Texas will handle claims up to $5000. If your injury is a minor one that will not result in any incapacity, or substantial medical care, then you may want to settle it yourself in small claims court.

A personal injury attorney should be consulted if you have been seriously injured or are unsure as to the outcome of your injury. These cases can get quite complicated. In such cases, a personal injury attorney will have the legal expertise, time and resources to effectively handle your claim. An experienced personal injury attorney will be able to accurately analyze the value of your case and will be able to meet all of the rules, requirements and deadlines that have to be met. You will most likely have to deal with a professional insurance adjuster from an insurance company. The sole job of the adjuster is to try to settle the claim for as little as possible. Without knowledge of the complex insurance laws and policy provisions, a person could easily give away valuable rights and lose reasonable compensation. Also of note is the fact that statistics show insurance companies pay more than twice as much compensation when a personal injury attorney is involved in your claim.

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How much will a personal injury attorney cost?

Most personal injury attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive a percentage of your award if and when you recover for your injuries. Contingency fees average between 25 and 40 percent. Most personal injury attorneys charge a smaller percentage if the case is settled before the attorney does all the work necessary to go to trial. If you and your attorney agree to a contingency fee, the attorney must put the agreement in writing and provide you with a signed copy. Some attorneys may charge an hourly fee or a flat fee for their services.

Out of pocket expenses include such things as filing fees, deposition fees, expert witness fees, and other similar expenses. The attorney's out of pocket costs are in many cases not included in the attorney's fees. You should be sure to pay attention to how an attorney will bill you for costs because they can amount to quite a significant sum.





How long do I have to hire an attorney?

The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For these reasons, it is important to consult a personal injury attorney as early as possible to be sure you don't miss a crucial deadline.

In Texas, most actions for personal injury or wrongful death must be brought within two years from the date when the cause of action accrues. In many cases, the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. If, at the time the cause of action accrues, the claimant is under the age of eighteen years or is of unsound mind, the time of the disability is not included in the limitations period.

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How will my claim be processed?

Although most of us would prefer to avoid filing a lawsuit or going to court, it is sometimes necessary to pursue litigation to get full value for your claim. Lawsuits usually become necessary when there are disagreements with the other party's insurance company over who caused an accident or how serious the injuries are. You should be sure not to sign any documents without prior review by an attorney. You need to attend all scheduled doctor appointments in order to document your injuries. Accurate records should be kept of time you missed from work, medical bills, and property damage repairs. You can document your damages with photographs of your injuries or photos of property damage.

After a lawsuit has been filed, both parties will conduct discovery. Pretrial discovery usually takes about a full year during which time both parties investigate all aspects of the claim. This may include taking oral depositions, obtaining pertinent records, propounding interrogatories, and hiring expert witnesses to obtain more evidence about the claim. During this period of discovery and as the trial date approaches, the parties will exchange settlement offers/demands. A large majority of personal injury claims settle before trial. If you agree to accept a settlement, you will be required to sign an agreement stating you absolve the other party of all further liability in this case.



What damages can I recover?

You are entitled to recover for any actual damages that were proximately caused by the wrongful conduct of the defendant. Actual damages refers to the amount of money it would take to fully compensate you and place you in the same position you would have been in had the injury never taken place. You can recover for losses such as costs of reasonable and necessary medical care, property damage, car rental expenses, costs of domestic services, and loss of earnings. The law allows compensation for future medical and care expenses that the claimant can prove will be reasonably necessary to treat the injury. The claim may include income the claimant can prove will probably be lost in the future because of the injuries. Loss of earning capacity is also allowed when the patient proves he or she is less able to earn a living as a result of the injuries

You are also entitled to non­economic damages for physical pain and suffering, mental and emotional suffering, physical impairment, inconvenience, disfigurement, loss of enjoyment of life, loss of consortium (disruption of your personal relationship with your spouse), etc. There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence. They are assessed in light of the nature, extent, and length of time the injury lasts.

Sometimes a person is so severely injured that he or she cannot care and support loved ones the way he or she did before the injury. In appropriate circumstances, the law permits damages to be recovered by family members of negligently injured people for the loss of the love, care, affection, companionship, and other pleasures of the family relationship that are lost because of the injury.

Family members can be compensated for the wrongful death of a loved one. These damages may include medical and burial expenses, loss of income that would have supported the family members, and contributions the deceased would have made in the way of comfort, assistance, advice, protection, companionship, etc.

Punitive damages are intended to punish a defendant for reckless or malicious conduct and deter others from similar conduct. They are only awarded in rare cases. Punitive damages are limited to two times the amount of economic damages, plus an amount equal to non­economic damages (not to exceed $750,000) or $200,000, whichever is greater.

For claims against the State of Texas, liability is limited to $250,000 per claimant and $500,000 per occurrence. For local governments, the limits are $100,000 per claimant and $300,000 per occurrence. For municipalities, the limits are $250,000 per claimant and $500,000 per occurrence. The state and political subdivisions are immune from liability for punitive damages in actions for negligence.



How can I determine how much my claim is worth?

Attorneys are prohibited from promising that they will obtain a certain amount of money for you. For purposes of settlement, a claim is valued upon an estimate of what a jury would likely believe the case to be worth, taking into account the severity of the injury, the effects of the injury on your life and the negligence of the other party. If you were partially at fault for the accident, the amount of damages will be reduced proportionately. Any settlement will be reduced if there appears to be a good chance that the claim will not be successful. Other factors that may reduce the damages include past medical history, pre­existing injuries, and prior claims history.

Considerable compensation may be commanded if your injuries are severe requiring extensive medical treatment, absences from work and permanent injuries. This is especially true if you were a healthy, productive, young worker prior to the accident. That is because an important factor in the value of your claim is the difference between your quality of life before the accident as compared to after the accident.

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If you have a legal question, call Bruce Right Now! 281-583-7553 or
Toll Free 1-866-825-8633 After 5:00PM And Weekends.


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The information contained in the Bruce Allen Buskirk website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. Unless otherwise referenced the attorneys are not certified by Texas Board of Legal Specialization.

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