Personal Injury Lawyer Pearland TX
If you have been injured in an accident caused by another party, a Pearland, TX personal injury lawyer may be able to help get you financial compensation for the losses your injuries have caused you. Call Keith B. French Law, PLLC today and let us know about your case.
Texas law allows victims to pursue personal injury claims or lawsuits for accidents that result due to negligent, reckless, or intentional acts or behaviors, including:
- Car accidents
- Pedestrian accidents
- Bike accidents
- Motorcycle accidents
- Truck accidents
- Ridesharing accidents
- Medical malpractice
- Nursing home abuse or neglect
- Slip and fall accidents
- Premises liability
- Product liability
Filing a Personal Injury Claim
In order to prevail in a personal injury claim or lawsuit, it is critical that you present evidence that will prove that:
- The other party caused the accident that resulted in your injuries.
- Your injuries caused you to suffer economic and non-economic losses.
Your Pearland personal injury lawyer will investigate your accident and gather evidence to use. They will likely request information from you, as well. The following are some of the ways you can document your injuries and help your lawyer:
Medical records – Your medical records are one of the most valuable pieces of evidence in your personal injury claim since they provide a wealth of information about your injuries. The records will provide information about the type of injuries you suffered, your symptoms, the treatments, and your prognosis.
Expenses and Losses – Texas law allows you to pursue all of the expenses your injuries have caused you. Not only does this include medical expenses, including doctor bills, hospital stays, medical equipment, and medications, but also includes the travel expenses getting back and forth to the doctor, physical therapy, and other treatment costs.
You also are able to be compensated for any wages and benefits you lost because you were unable to work while you were recovering from the accidents. If the injuries leave you permanently disabled and unable to return to work, you will also be entitled to lost future wages.
Journal – When you are recovering from serious injuries, the pain and other symptoms may feel intense and “unforgettable” but the truth is we do tend to forget the intensity of painful situations as time goes by. But that ordeal you go through is also critical evidence in proving your losses. This is why it is a good idea to keep a journal throughout your recovery process where you can document the “bad” days, along with the actual dates and descriptions of what you were going through, what activities you missed out on, and even your emotional state.
What if You Were Partially to Blame?
It remains important to explore your legal options with a Pearland, TX personal injury lawyer at Keith B. French Law, PLLC even if you were partially responsible for what happened to you. All too often, injury victims shy away from exploring opportunities for compensation in the wake of sustaining harm because they assume that their role in the situation prevents them from pursuing recourse. Arizona injury victims have good reason to push back against this instinct.
There are states that effectively bar injury victims from pursuing compensation from others if they were partially to blame for what happened to them. These states are referred to as “contributory negligence” states. Additionally, there are many states that limit the rights of injury victims to pursue personal injury compensation if the victims were more than 49% or 50% – depending on the state – to blame for their own harm. These are referred to as “modified comparative negligence” states.
However, states like Arizona and California are known as “pure comparative negligence” states. This means that they do not limit the ability of injury victims to pursue compensation based on the degree of fault assigned to them. Instead, they simply insist on the reduction of a compensation award’s potential value based on the proportion of harm assigned to each party involved.
For example, say that a victim’s harm has been valued at $500,000. The victim has been assigned 20% of the fault for the situation and the defendant named in their case has been assigned the remaining 80%. The injury victim can pursue damages up to $400,000 in value from the defendant, as this total represents 80% of the value of the victim’s harm.
Is Pursuing Compensation Worth Your Energy and Effort?
Once a skilled Pearland personal injury lawyer has determined the cause(s) of your harm, accurately assigned fault to the parties involved, and calculated the value of your case, you’ll be able to make an informed decision about taking legal action.
If your case value is significant, it may be worth your time and energy to take legal action, even if you were also significantly to blame for what happened to you. By contrast, if you were blameless but your case isn’t valued at much, the costs of mounting legal action may outweigh the benefits of pursuing compensation. Everyone’s case is different, so it’s important to carefully evaluate the ins and outs of yours before committing to a plan of action or a plan of inaction.
Accepting the First Insurance Adjuster’s Offer
While many people know that one of the worst things they can do for their personal injury case is to speak with the other party’s insurance agent (especially without a lawyer present), it can sometimes be hard to avoid. When this happens, you likely know that you should be polite but say as little as possible. However, you may be blindsided when the insurance agent comes out and offers you a settlement. After all, this is what you’re working toward, right? You want a settlement offer so that you can move on from this, pay your bills, and not worry about your claim anymore. The insurance adjuster will likely want to get you on the phone alone when they make this offer and get you to accept as soon as possible. What should you do?
Pearland, TX Personal Injury Law Infographic
Steps to Take When an Adjuster Offers You a Settlement
There are certain steps and protocols you should follow when an adjuster makes an offer.
- Take a step back. First things first. Take a step back and take a breath. You may be very excited that you are getting an offer and that you did not have to go through months of work to get one. While this may seem exciting initially, understand that it is only the first step.
- Do not accept the offer. The insurance agent will likely try to persuade you to make a decision then and there. After all, you both want this wrapped up and they have a quick and easy solution for you, right? The agent will make it sound like they’re doing you a massive favor. They can put a rush order in for the insurance paperwork to get you the settlement and get you on your way. Is this insurance a dream come true? Not really. They simply want you to take way less than you deserve.
- Why not agree to the settlement? If the settlement isn’t fair, can’t I go back and fight for more later? Even if you bring forward evidence showing that you did not get the fair amount of compensation or that your medical bills are more than you originally thought, this is not going to matter when you sign over your rights to pursue future compensation. Even if you think you need the money in your account today, it is not worth the money you are signing away for future medical bills and expenses.
- Get off the phone ASAP. No need to be rude, but politely tell the insurance adjuster that you will think over their settlement offer with the help of your lawyer. They may indicate that this offer “won’t last” or that you are smart and do not need a lawyer to know a good offer. Truthfully, that’s exactly what you need a lawyer for. Your personal injury lawyer will know what your claim is worth, exactly what amount of compensation you need, and what fair compensation would be to settle for.
Negotiate further with your lawyer. Your lawyer will be able to negotiate further about compensation and tell you if an offer is worth considering or if you should go back with a new one. Your lawyer will have the skills, education, and experience necessary to help you secure a fair settlement offer or pursue the case further if a fair settlement offer cannot be reached.
Scheduling a Consultation
The value of investing an hour or two of your time in meeting with the team at Keith B. French Law, PLLC cannot be overstated. Alerting our Pearland personal injury lawyer team to your situation will empower you to make truly informed decisions about your options. Without knowledgeable, professional guidance, you may make decisions that undermine the value of your case or cause you to miss out on compensation that you’re rightfully owed entirely. Connect with us today to learn more about our approach to representation, your rights and options, and how we may be able to help.
Contact a Personal Injury Law Firm
If you have been injured in an accident, do not try to settle the case on your own. It is important for you to focus on your recovery and not fight with insurance companies that will do all they can to minimize your claim or deny it completely. A seasoned Pearland personal injury lawyer can evaluate your case and explain what legal recourse you may have. Call Keith B. French Law, PLLC to schedule a free consultation and find out how we can help.
Pearland Personal Injury Lawyer FAQs
There are numerous ways that a person may sustain injuries, but when the injuries result from another person or party’s negligence, the victim may seek legal action to retain some of what they have lost with a Pearland, TX personal injury lawyer. It will be essential to meet with a lawyer for several reasons; victims will need to determine whether they have a claim worth pursuing, and they will also want to gain insight into the value of their cases. Understanding the case’s value is essential, especially when determining whether it’s in the victim’s best interest to retain a lawyer to help them because there is some cost associated with their services. From the very start of the legal process, our team from Keith B. French Law, PLLC can provide guidance and answer victims’ legal questions.
What is the process for initiating a personal injury claim?
While initiating a personal injury claim may appear relatively straightforward, cases of this nature can be full of nuances and often challenging to navigate. This is a primary reason to consider help from a lawyer. Typically initiating the process starts before filing a claim; victims should first ensure they receive medical care and gather as much relevant information regarding their case as possible. Once they have met with a lawyer and determined it’s in their best interest to move forward, legal counsel will begin gathering evidence and strategizing the case by tying it to each element of a negligence case. Ultimately initiating the process is when a lawyer puts together a demand letter for the insurance company, outlining the accident, the losses, the impact on the victim, and a demand for compensation.
What is the difference between a claim with the insurance company and filing a lawsuit?
Pearland personal injury lawyer will share that lawsuits and claims are often used interchangeably. Yet, it’s important to be aware that these are two separate processes when pursuing compensation for losses. A claim is often the first step towards seeking compensation and involves negotiating a settlement with the insurance company. Often this can be more timely and less costly, and victims have the best chance of walking away with a settlement offer. Filing a lawsuit with the courts is a more formal process where the judge or jury will hear the case during a trial and decide on a settlement. While a successful lawsuit can yield higher award amounts, it’s important to note that victims risk walking away with nothing if the court does not rule in their favor. Cases can take longer to resolve and also result in costly legal fees.
How long does it take to resolve personal injury cases?
The timeframe for personal injury cases can vary when it comes to reaching a resolution. Most victims are looking to settle the case for fair compensation as quickly as possible, and doing so will depend upon the case’s specifics and the route taken. Insurance claims can be settled in a matter of months but can carry on for up to a year or longer. Lawsuits can take even longer, sometimes years, before an outcome is reached.
How does a lawyer determine the value of a personal injury claim?
This is one of the most critical roles that a personal injury lawyer can play because a person representing themselves may not truly understand how to fully value their case. A lawyer will carefully assess the injuries experienced by the victim and the impact that it has had on their day-to-day life. Typically, a lawyer will look for two types of damages: economic and non-economic.
What is the statute of limitations for personal injury claims in Texas?
The statute of limitations is the length of time that a person has to take legal action. While there are some exceptions, in most situations, the statute of limitations begins at the time of the accident or upon the discovery of injuries. In Texas, the statute of limitations is two years.
Injury recovery can be a full-time undertaking, and when coupled with financial challenges that result from costly medical expenses and lost wages, the stress can be all-consuming when victims work with a Pearland personal injury lawyer from Keith B. French Law, PLLC, they can have peace of mind in knowing that their rights are protected and that they will receive the best possible outcome based on their situation.