If you have recently been involved in an accident, it is likely that you have numerous inquiries about how to recuperate expenses linked to your injuries. These frequently asked questions and responses about filing a lawsuit can set you on the right path to obtaining the financial compensation you require and rightfully deserve.
In the event that you have suffered an injury and are contemplating taking legal action, there is a high chance that you have several questions that necessitate clear answers. The following compilation of commonly asked questions and their solutions in the realm of personal injury law will serve to alleviate your concerns and guide you along every step of the legal process.
Do I really need a personal injury attorney?
The decision to employ an attorney is partly influenced by the insurance company’s management of your claim, as well as the sum of money you are seeking for the damages incurred. If there are any disputes or uncertainties surrounding your claim, consulting a legal professional is advisable. For instance, if both parties involved in a car accident are deemed liable by the insurance provider, securing a lawyer to champion your cause might be in your best interest.
Should the damages you wish to recover amount to a couple thousand dollars, small claims court could be an appropriate option. Pursuing a case in this court system can save valuable time and resources, often facilitating a resolution without requiring attorneys or involving the more comprehensive civil court infrastructure.
How much does a personal injury attorney cost?
The majority of personal injury attorneys work on a contingency fee basis. This implies that if no monetary award is secured, their services are free of charge. Rather than paying an hourly rate or “billable hours,” your attorney will collect an agreed-upon percentage of the recovered damages upon a successful outcome.
In addition, most personal injury lawyers extend complimentary consultations so that they can evaluate your claim before you decide whether their expertise is necessary for your case.
Should I take the insurance adjuster’s advice?
When you retain the Law Office of Brian Brunson, we have a legal obligation to act in your best interests at all times. Conversely, an insurance adjuster is under no obligation to prioritize your welfare. Even though you finance their coverage and services, the adjuster’s mission is to minimize the amount of money disbursed to settle your claim. In circumstances where your insurance provider negotiates with the opposing party’s insurance company, their main concern is resolving the matter at the lowest possible cost to themselves.
Bear in mind that an insurance adjuster does not serve as your legal representative and should not dispense legal counsel. Although they occasionally provide advice, it may not always be conducive to your best interest. Choosing an experienced Dallas personal injury attorney to guide you through the legal process is a far superior strategy.
How much money can I recover in a settlement?
The extent of financial recovery depends on the nature and severity of your injuries. Your attorney possesses the knowledge and experience necessary to appraise an adequate demand for damages. They will factor in costs for medical care, previous and future lost wages, continuous therapy sessions, essential medical equipment, property loss, as well as any additional ongoing expenses you are likely to incur. Furthermore, you may qualify for compensation related to pain and suffering.
What if the person who was injured is my child?
In the event that your minor child has sustained an injury, or the injury is connected to an incident that took place during your pregnancy, you, as the parent or legal guardian, have the ability to take legal action on behalf of your child. It is common for both the infant and parents to be entitled to compensation in these circumstances.
If a settlement isn’t reached do I have to go to court?
If you consult with a majority of personal injury attorneys, they will likely inform you that their main goal is to reach a settlement outside of a courtroom setting. These lawyers are driven by a desire to negotiate with the opposing party in order to arrive at a fair and satisfactory resolution that enables you to receive the monetary compensation you deserve while also avoiding a court appearance. Nonetheless, there may be cases where going to trial is necessary, and in such instances, your attorney will ensure you are thoroughly prepared and provide detailed information on what to anticipate during the process.
What happens to the person who caused an accident?
Within the civil court system, the sole remedy available is the allocation of monetary damages. If you suspect that you are a victim of criminal activity, it is important to report it immediately to your local law enforcement agency. They will then offer guidance on how to proceed with pursuing criminal charges against the accused individual. However, it should be noted that only government authorities possess the power to charge someone with a crime leading to a criminal trial. As a plaintiff, your role would be suing the defendant in civil court.
If an injury results from actions of an especially reckless or malicious nature, punitive damages may be granted by the court. The purpose of these damages extends beyond simply compensating the plaintiff; they serve as punishment aimed at chastising the defendant for their behavior.
How long do I have to file a lawsuit?
The prescribed time limit to file a lawsuit is known as the statute of limitations. In Texas, you are required to initiate legal action within a two-year timeframe from the date of the accident or injury. Any attempt to file a suit after this period may result in the court refusing to hear the case.
If you’ve been injured in a car, truck, or motorcycle accident, contact us today.
Named one of the “Best Car Accident Lawyers in Dallas” by Expertise.com, Brian Brunson is Dallas personal injury attorney who is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
We proudly serve the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today via email or call us toll-free at 1-844-41-WRECK. We can help, when no one else will.