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PERSONAL INJURY FREQUENTLY ASKED QUESTIONS
Personal injury law refers to the area of law that
involves civil law cases designed to obtain compensation
for personal injury. Initially, the personal injury
attorney usually tries to negotiate with the opposing
party or their insurance company. If necessary, and if
the attorney thinks you have a good chance of winning,
the case may go to trial. The main concerns in an injury
case are negligence and liability. Before you can
collect an award, your attorney will have to prove that
the defendant is liable. To prove liability, the
attorney must establish negligence. If there is a
failure to exercise reasonable care to prevent injury or
damage then there may be negligence. Once liability and
negligence have been established, the judge or the jury
may award money to compensate for medical costs, lost
wages and lost future earnings as well as for pain and
suffering.
Q. What is Personal Injury?
A. A Personal
Injury is any physical or mental injury to a person that
is a result of someone else's negligence or harmful act.
The attorneys at Hermosa Law Firm have experience in
representing accident victims who have suffered serious
personal injury. Sometimes personal injury may be
referred to as bodily injury. Injuries can occur in a
wide variety of ways. The following are some of the most
common accidents resulting in injury:
Q. What should I do if I am injured in an auto
accident?
A. Call the
police. Even if you are not injured, you should call the
police to establish liability. Report the claim to your
insurance carrier, but do not give a recorded statement
without consulting with an attorney. Seek medical care
immediately. If you have sustained any cuts, bruises or
have stitches or scarring, have someone take photographs
immediately. If possible, take pictures of the damage to
your vehicle as well as the other vehicle(s) involved.
Contact a personal injury attorney immediately to
preserve your rights.
Q. What financial compensation can I recover in a
personal injury claim?
A.
Accident victims are entitled to recover money damages
for all losses and expenses they incur as a result of an
accident. Depending upon the particular circumstances of
your case, damages may include recovery for any of the
following.
-
Medical
bills
-
Lost
Wages, including overtime
-
Pain &
Suffering
-
Physical
Disability
-
Disfigurement
-
Permanent
Scars
-
Emotional
Trauma
-
Mental
Anguish
-
Loss of
Enjoyment
-
Loss of
Love & Affection
-
Embarrassment
-
Mental
Disability
-
Property
Damage
-
All out
of pocket expenses (transportation charges, house
cleaning, grass cutting, and others)
Q. How do I know if I have a case?
A. In order
to prevail in a personal injury lawsuit in Texas, you
must be able to show that you have been injured. This
may be a physical injury or it may be an emotional
injury. In addition, you must be able to show that
someone else (the defendant) is at fault for your injury
under a negligence, strict liability or intentional
misconduct theory. In some cases, it may be necessary
for you to show that the other party is more at fault
for the injury than you are. By consulting with Hermosa
Law Firm, you will be in a better position to determine
whether or not you have a case.
Q. How do I know if I may need an attorney?
A. If you
have been seriously injured in Texas or are unsure as to
the outcome of your injury, then an experienced personal
injury attorney should always be consulted before you
give any statements or sign any papers of any kind and
as soon after your injury as possible. In a serious
injury case, you are better off hiring an attorney as
soon as possible. There is a statute of limitations that
requires you to file a lawsuit within a specific period
of time, depending upon the circumstances of your case,
or else you will be prohibited from obtaining any
compensation for your injuries. Hermosa Law Firm will be
able to help you keep within the statute of limitations.
Q. What do I have to pay to see an attorney?
A. Our
initial consultation is absolutely free. Should we
decide to work together then our fee will be based on a
contingency basis. This means that we are only paid whey
you receive money for your claim.
Q. Why should I hire a lawyer in the first place?
A. Insurance
adjusters are experienced professionals. Oftentimes they
will try to get a statement out of you that hurts your
case immediately after the accident or try to settle
with you for a paltry sum before you even realize the
extent of your injuries. Independent studies have shown
you will recover a significant amount more money with an
attorney than without and attorney. Immediate
investigation sis crucial for recovering information on
your case and may cause significant damage to you claim
if not timely recovered.
Q. What is a Contingency Fee?
A. A
contingency fee is a fee that is used by lawyers in most
injury cases. It is contingent when the fee is
conditioned upon your attorney's successfully resolution
of your case. A contingent fee is paid as a percentage
of your monetary recovery. A contingent fee is what is
meant when you hear "no fee unless we recover". The
client is generally responsible for the out-of-pocket
costs of litigation. Contingency fees are usually one
third of what you win from the case.
Q. What is my case worth?
A. There
are many variables in determining the value of each
case. Some of the factors include:
-
Liability
-
Limits of
bodily injury coverage
-
Severity
of injuries
-
Amount of
medical bills owed
-
Estimated
future medical care
-
Loss of
earnings
Q. How long will it take to settle my claim?
A. Personal
injury claims vary in length from weeks to years in some
instances. We will thoroughly investigate your claim to
make sure you get the compensation you are entitled to
receive. The Hermosa Law Firm typically resolves most cases
in 6 months to a year.
Q. Who will pay for the damage to my vehicle?
A. If
liability is established, then the claim may be filed
with the at-fault insurance carrier. Sometimes the
insurance investigation is not complete, therefore there
may be a delay in having your vehicle repaired and/or
obtaining payment if your vehicle is deemed a total
loss. If you carry collision coverage on your automobile
policy, you may elect to file the claim under your own
policy and allow your carrier to subrogate against the
other carrier. The subrogation claim will include your
deductible (if any) and the cost of obtaining a rental
car.
Q. Why do I have to report the claim to my own
carrier if I was not at fault?
A. In the
State of Texas, we are required to carry PIP (Personal
Injury Protection) and PD (Property Damage Coverage).
Regardless of fault, the medical portion of your claim
must be filed with your own carrier.
Q. Will I have to go to court?
A. If the
insurance company agrees to pay what we believe your
case is worth, and you wish to settle for that amount,
then you don't have to go to court.
Q. How do I see a doctor if I cannot afford to see a
doctor?
A. We will
immediately arrange for you to see a physician who you
feel best benefits your needs. We will work with the
physician to bill us directly with an understanding they
will be paid out of the proceeds of any settlement you
may receive.
Q. If I want to hire your firm what do I need to do?
A. Please
call our office at any time and we will be happy to
schedule an appointment. Our phones are answered 24
hours, 7 days a week.
EXPLANATION OF AUTOMOBILE COVERAGES
Property Damage Coverage: This
covers your legal liability for damage to the property
of others. Florida law requires you carry this coverage.
Bodily Injury Liability Coverage: This
is optional coverage to cover your legal liability for
bodily injury to others in case of an accident.
Personal Injury Protection:
This covers
you, your family and certain others for bodily injuries
resulting from auto accidents, without regard to fault.
Payments are for 80% of medical expenses, 60% for loss
of income, replacement household services and (if the
limit has not been exhausted by other benefits) a death
benefit. Personal injury protection is also required
under Florida law. The principal exclusions for this
coverage are injuries sustained in autos you or family
members own which have not been specifically covered
under the policy, and injuries to other vehicle owners
required by law to have their own coverage.
Medical Expense Coverage:
This coverage
supplements the medical expenses reimbursement of PIP
coverage and provides basic coverage in situations where
PIP does not pay.
Uninsured Motorists Coverage: This
coverage pays for bodily injuries to you, family members
and certain others, resulting from the negligence of
others. It pays when the at-fault party has no liability
insurance, or liability coverage with limits not
adequate to pay for the damages incurred, or if injuries
result from a hit-and-run vehicle. Your coverage may be
"stacked" or "non-stacked". The principal difference
between these two forms is that the total amount of
protection under the stacked form is the sum of the
limits applicable to each vehicle insured, whereas under
the non-stacked form, the limit stated applies per
accident regardless of how many vehicles you own or
insure.
Collision:
This covers
damage to your car resulting from upset or impact with
another object.
Comprehensive:
This covers
damage to your car resulting from fire, theft and other
direct losses not excluded. The principal exclusions are
for damage to certain electronic and sound equipment;
tapes and other media; radar detectors; undeclared
camper bodies; and van or pickup customized equipment. |
