What Factors Make Up a Viable Personal Injury Claim?
Personal injury cases need three things:
The first thing is liability. A person does not have a claim if they are injured in a car wreck and the wreck was their own fault. People sometimes lose sight of the fact that another person’s fault must the cause of an injury in order to have a valid claim.
Secondly, a person must be injured. People often call and tell me they were almost. Unless a person is hurt, they will not receive compensation for their personal injury claim.
The third thing is there must be an ability of the at-fault party to pay for your damages, either through an insurance policy or otherwise. Most people driving Texas roads do not have the kind of personal assets necessary to pay for medical treatment resulting from an injury. Therefore, we typically need the at-fault party to have liability insurance to pay for the damages. Otherwise, our only option is to go after the at-fault personal assets, which is very difficult in Texas. This is why it is also important for people to carry uninsured motorist and underinsured motorist coverage to protect themselves. These coverages really do not cost much to have on a personal insurance policy.
It Is a Good Idea To Have Underinsured/Uninsured Motorist Coverage?
People often reject the uninsured or underinsured motorist coverage when they buy their own personal insurance because it adds few dollars to their premium. In the long run, it really helps in a situation where a person is involved in a wreck with someone who does not have insurance or who does not have enough insurance to pay for the injuries they caused.
In this situations, your own underinsured motorist policy would apply and cover the damages. We have helped a lot of clients claim benefits through their own insurance because they had the foresight to insure themselves against getting involved in a wreck with someone who did not have insurance. This actually happens more often than people think.
How Long Personal Injury Cases Typically Take to Resolve?
Cases that get resolved without filing a lawsuit often take around six to nine months. It is important to remember that we cannot really start trying to settle a case until the client has completed their medical treatment.
The time it takes to resolve a case can be increased by many different factors. For example, a person’s treatment may be drawn out and take longer than normal. In that case it would obviously take a lot longer to get the case settled. Also, cases take a lot longer if they go into litigation as opposed to being resolved by settlement before filing a lawsuit.
Most Personal Injury Cases Reach a Settlement Before A Trial?
Most of the cases I handle settle before filing a lawsuit. We are able to settle those because we have a good understanding of what a potential jury verdict would be in the county where the case will be filed. This help set realistic expectations for our client. We are often able to obtain a reasonable settlement offer before filing a lawsuit and get the case settled.
The cases where a lawsuit needs to be filed are usually those cases where the fault for the accident is disputed. There may be some question about who caused an accident, or why the person’s injuries were so substantial in a relatively minor collision. In these cases, a lawsuit would need to be filed. It is not unusual, thought, for a case to settle even after a lawsuit has been filed. Sometimes cases do have to go to trial. Cases going to trial typically involve cases where (1) there is a question about fault and (2) the injuries or damages are so high that the insurance company would rather have a jury tell them to pay a large sum of money than pay it voluntarily.
For more information on Resolving Personal Injury Claims, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (817) 717-9099 today.
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