Misconceptions about Texas Personal Injury Cases –
- Dash off a letter to the insurance company and they’ll mail you the compensation check.
- If you’re not at fault, you don’t have to worry about hospital bills and lost wages – the insurer will pay.
- If you’re not at fault and injured, the defendant’s insurer will immediately begin footing the bills.
- Lawyers with the most attractive ads and great websites are the best bet.
- You are obligated to give a recorded statement to the other party’s insurer.
- The insurance company is keen to pay you the amount you deserve.
In a perfect scenario, insurance companies would promptly pay fair and just claim amounts. Unfortunately, it does not happen that way. In truth, insurance companies run a business and they are in it to make a profit. In their own interests, which is paramount, they try as hard as possible to collect premiums from customers and pay as little as possible to claimants.
Matters become even more difficult if you’re trying to claim compensation from another party’s insurer. You will face obstacles. The insurance adjuster will try hard to get you to make a recorded statement. This may go against you in court. You may be dissuaded from approaching an attorney.
The truth of the matter is that as you wrestle with hospital bills and loss of earning, you will invariably face financial constraints. Things will only worsen with time. The other party’s insurer is not obligated to foot your bills as they arrive. You need guidance, and the best resource is a law firm that has helped individuals in personal injury cases. Issues that need immediate consideration include gathering proof and talking to witnesses before the “trail” goes cold. The lawyer also needs to work before the statute of limitations kicks in.
You cannot possibly be aware of the issues that crop up in personal injury cases. You may not know how the Texas personal injury claims process works. In this scenario, the insurance company can achieve its objective of closing the case to its satisfaction by paying you a small amount or nothing at all. It is very important to understand that your interests and the insurance company’s interests are mutually antagonistic. On the other hand, your lawyer’s interests are aligned with your interests. A law firm will work to get you the best possible compensation for a given situation.
Enlist the help of a lawyer as early as possible in the entire episode. You will need a lawyer to make sense of and evaluate what insurance companies, including your own, tell you. A lawyer, committed to the most favorable outcome for a client, will evaluate the case for strengths and drawbacks before preparing a plan of action.
Your lawyer can apprise you of all that can actually go wrong with a personal injury lawsuit. Be prepared for these issues –
- The defendant may choose to not report the accident to the insurer.
- The insurance company may use legal tactics to delay the proceedings.
- The defendant may be uninsured. You need uninsured and underinsured motorist insurance for such contingencies.
- If your car loan is attracting payments and you miss these because of a car accident-related expenses, you may lose the car to the bank or the dealership.
The insurance company and insurance adjuster come into the picture after the accident. Both parties inform their respective insurers. You want accident claims to be processed as quickly as possible. You also want to activate uninsured motorist protection and personal injury protection.
The other party’s insurer is not obligated to inform you of your legal duties and rights. That entity will use all the legal expertise at its disposal to secure its financial interests, you have to guard your own interests and fight for them. The insurance adjuster will try hard to get you to agree to the lowest settlement amount possible. The adjuster will try to apportion blame to you; the greater your share of the blame, the lower will be the claim amount you’re eligible for. The adjuster will try to present the injuries as less serious than what they actually are. They may create an impression that you don’t have much of a case and that a lawsuit won’t do you much good.
If you’re involved in an accident, keep your wits about you. Don’t let anyone get you to sign a document. Hold on till you speak to your lawyer. If an adjuster manages to get you to sign a statement, it will be to your detriment later. Your case may become weaker because of this mistake.
Do what you can to gather witness statements and photograph the accident site. Keep gathered details, including medical records and contact details, in a file.
Learn how the Texas claims process works. Get the merits of your case assessed by a lawyer. If you do have a case worth pursuing, you will likely receive a more substantial award when you have a lawyer working for you as against not having a law firm by your side.