Answering Common Questions About Personal Injury Lawsuits
Founded more than 25 years ago, our personal injury attorneys at Boon Calk Echols Coleman & Goolsby PLLC in Longview have over 200 years of combined experience in litigation and personal injury lawsuits. They understand that if you were hurt in an accident and are suffering from injuries, you can have a lot of questions about what to do next.
Here, we have compiled answers to some of the most commonly asked questions. For answers to your specific questions, we offer a free consultation appointment.
What do I do after I’ve been injured in an accident?
Whether you were injured in a car accident or hurt by a defective product or someone else’s negligence, there are a few steps you should take immediately following the accident:
- Get all of the relevant information: If you were hurt in a car accident, make sure you get all of the relevant information from the other driver. If you were hurt by a defective product, make sure to find your proof of purchase, like a receipt.
- Seek medical attention for your accident injuries: When your injuries require medical attention, going to the doctor creates a medical report and evidence of your injuries that can help you in a personal injury lawsuit.
- Contact an experienced personal injury lawyer: It is critical to obtain representation as early as possible in order to protect your rights and preserve all relevant evidence in your case.
The sooner you contact a personal injury lawyer, the sooner you have someone on your side protecting your rights, especially if and when the insurance companies start pressuring you to settle your case.
Will my personal injury case go to trial?
In a personal injury lawsuit, insurance companies are likely to offer a settlement to avoid the time and expense of litigating a case all the way through to a trial. Whether or not you should accept a settlement depends on the extent of your injuries and the ongoing costs for your recovery as compared to the settlement amount you are offered. At Boon Calk Echols Coleman & Goolsby, we investigate every personal injury case thoroughly. We have access to experts who can analyze your damages and help you better understand how much your case is worth. We prepare every case as if it is going to trial so that we are fully prepared. No matter what happens during the settlement negotiations in your personal injury case, we will fight to make sure you get the compensation you deserve.
How do I file a personal injury claim? What is the process?
If your case does not reach a settlement, you have to file your lawsuit before the statute of limitations deadline, which, in Texas, is two years after the date of your accident. In the state of Texas, you will also have to prove whose fault it was.
Texas also has a law regarding proportionate responsibility. This means that if your own actions and behavior contributed to the accident, your ability to recover damages will be reduced by the percentage you were at fault. If you were more than 50% at fault, you will not be able to recover damages for your accident injuries.
How much is my personal injury case worth?
When an injury or death was caused by the negligence or wrongful acts of another, monetary damages may be available to compensate the victim. Examples of possible recoverable damages include compensation for medical expenses, lost wages, and pain and suffering. The amount of recovery is dependent upon the facts and circumstances of your particular case. For example, cases with catastrophic and serious injuries will require greater amounts of compensation to cover the medical care necessary for recovery or ongoing care due to the injuries. Consult with our experienced attorneys to determine how much compensation you may be entitled to. We will fight to get you the compensation that you deserve, either by jury verdict or through settlement.
How long do you have to file a personal injury lawsuit?
In Texas, you have just two years from the date of the accident or injury to file a lawsuit. If you already know that you are going to file a personal injury suit, it is better to get started rather than wait until the deadline approaches.
Why? Because you want to be sure that evidence is still available and that any witnesses still have the incident fresh in their minds. You also may not want to wait that long to receive compensation, especially if bills are piling up.
What should you expect during the free consultation?
When you speak with us at your free consultation, we will discuss the accident/incident that caused your injuries or a loved one’s wrongful death. One of the first things we will determine is whether the negligent actions of another party caused the injury or death. Determining liability is a crucial part of building a personal injury case. We will also make sure the statute of limitations for filing a lawsuit has not passed.
We will also talk about the damages you and your family suffered. This typically includes things such as medical bills, lost income, reduced earning capacity, loss of contributions to the household, funeral expenses and more. In addition, we will discuss noneconomic damages like pain and suffering, loss of enjoyment of life and emotional distress.
When we have this information, we will be able to decide whether we can help you with a personal injury lawsuit. If we cannot take your case, we may refer you to another firm that can.
Should you talk to the insurance company without a lawyer?
No, you should not talk to an insurance company, especially the negligent party’s insurance company, without speaking to a lawyer first. It is difficult to know what you might say that can harm your case. What may seem like a harmless comment or question could turn out to be a problem. Insurance adjusters and lawyers will twist your words if it means they can deny or devalue your claim.
Letting your attorney handle negotiations with the insurance company is the best option. We know how they operate and how to counter their next move.
What types of personal injury cases does your firm handle?
We take most types of personal injury cases, including:
- Motor vehicle accidents: Cars, commercial trucks, motorcycles, bicycles and pedestrians
- Premises liability: Slip-and-fall accidents and other dangerous property accidents
- Defective products: Cars and car parts, medical devices and drugs, toys, appliances, cosmetics, cleaning products, machinery and power tools, and oil and drilling equipment
- Work accidents: Industrial work, construction, oil drilling, manufacturing, truck driving, defective machinery, gross employer negligence and third-party lawsuits
- Catastrophic injuries: Spinal cord injuries, traumatic brain injuries, fractures, burns, amputations, vision or hearing loss, scarring and disfigurement, and permanent disability
- Wrongful death: The death of a family member, economic and noneconomic damages, funeral and burial expenses, and emotional distress
How long does a personal injury case typically take to resolve?
The length of time it takes depends on a number of factors. Is the amount of compensation you are seeking particularly high? Larger amounts of compensation tend to be more vigorously contested by the negligent party’s insurance company.
Can the case be settled out of court or does it need to go to trial? Settlement negotiations may take a few months to a year or so. Going to trial takes far longer, including the time it takes to build a compelling case for a judge and jury.
Is the liability being contested? If it is clear that the other party was liable for the injuries or death, they may be more willing to settle out of court. If they can contest liability, the case will likely take longer.
Each case is different, so it is a good idea to speak with one of our attorneys about your specific claim.
Do You Still Have Questions? Contact A Personal Injury Lawyer For A Free Case Assessment.
Our attorneys offer a no-obligation free consultation appointment to answer any additional questions you may have. After they better understand the facts and circumstances of your case, they will also be able to offer an assessment of your case. To schedule your free appointment, call our office at 903-704-0592 or send us an email by using our online form.