At The Law Offices of Alex R. Hernandez Jr., PLLC, we understand that the legal jargon, court costs, and processes are difficult to understand and comprehend. Luckily for you, if you need to file a personal injury claim, we have an incredible team here to help you. When you’re filing a claim, you may have many questions. In this blog, we’ll discuss the five most common questions that our clients ask when they’re in the process of bringing forward a personal injury suit. We’re here to help you get the justice you deserve. Contact us for legal help and we will be happy to review your case and offer legal advice at no cost to you. Call us now!
1. What is the difference between a claim and a lawsuit?
This is always confusing for our clients when they realize they need to take legal action. We understand that terms such as “claim” and “lawsuit” can make our clients nervous, but our professional lawyers will advise and explain what legal action needs to be taken for your case.
- A claim is filed along with the negligent individual or company’s insurance company by the victim to seek fair and legitimate compensation for his or her injuries or losses. This is an informal process that allows the victim to submit his or her claim with the insurer to receive informal resolution. If the case cannot be resolved with a claim process due to an issue with the negligent individual or company, then a lawsuit is the next step.
- A lawsuit is legal action taken by the victim against the individual, business, or company that has caused the personal injury to the victim to receive and recover damages and compensation from the accident. This is a formal process that will take the case before court and as a jury to rule on the case’s merit. While lawsuits are common, usually personal injury cases are settled out of court to avoid the drawn-out processes and extensive court costs.
2. What will my case be worth?
The value of a personal injury case varies greatly and can depend on many different elements. These can include the nature of the accident, the extent of the injuries incurred, and even the intent of the party or parties responsible. A personal injury lawyer will review your case and determine what it could potentially be worth. This amount will be pursued through a claim or lawsuit and negotiated whenever the offending party decides to settle.
3. The insurance company wants me to sign medical and property damage releases. Should I?
Never! This usually occurs quickly after an accident occurs before the victim can asses the damages and injuries with a clear mind. If an insurance company can get you to settle quickly, then the company is no longer responsible for compensating you, even if more injuries are discovered and additional treatment is needed. The insurance company will also give you the least amount of money to cover your medical costs and damages. Never sign any forms or releases without consulting a personal injury lawyer first.
4. What is “negligence”?
You may hear this term thrown around but not be sure as to what it denotes. Negligence is a legal term that refers to the careless or reckless actions taken by the party liable for an accident. This can mean that the driver was driving recklessly and lost control of his or her vehicle, the nurse didn’t check your chart for allergies and gave you a medication that caused you to react, or the store that didn’t fix the hole in the sidewalk that caused you to trip and fall. To receive damages and compensation for negligence, it will have to be proven by evidence and documentation.
5. When will my claim or lawsuit settle?
This is a hard question to answer. If the case is open and shut, meaning that there is no question that the guilty party is indeed guilty, then it could settle quickly. If it does not and requires a court and jury to settle it, then it could honestly be years. Getting a trial date and reviewing the entire case can take months and often take an exorbitant amount of time just to get a reply from a judge or the other attorney. This is why these personal injury cases often settle out of court to avoid the extensive process.
6. How will I pay for my medical bills?
As the medical treatments, procedures, specialist visits, therapies, surgeries, and other bills pile up, it can be terrifying to wait for your case to be settled. If this is a concern of yours, contact the Law Offices of Alex R. Hernandez Jr., PLLC now. Our attorneys can help your bills avoid being sent to collections and can give you advice to follow while your case is being reviewed and decided.
The Law Offices of Alex R. Hernandez Jr., PLLC here in Corpus Christi and Victoria, Texas are dedicated and committed to getting you the compensation that you deserve after a personal injury. Our team of lawyers is committed to reviewing your case and listening to your concerns with understanding and sympathy. If you need to file a personal injury claim or lawsuit, call our experienced team today. We want to help you win your case and get the compensation you need! Call now!