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Austin Personal Injury FAQ

It is crucial to understand that if someone has committed a tort against you, it is within your right to be compensated for the pain and suffering experienced.

We will answer as many questions as possible to help you make an informed decision when dealing with personal injury claims. Do not hesitate to contact our law office if you have any questions regarding personal injury cases.

How Do You File a Personal Injury Claim?

Before answering this question, you need to understand that every personal injury case is different. Therefore, the steps we mention are merely for reference purposes only. To file a personal injury claim, follow the following steps:

Medical Records

Medical records act as evidence that an injury occurred. It is also a requirement by an insurance adjuster, and it will come in handy if you go to court.

Prepare Your Documents

Your injuries should be well documented, and evidence of the cause of the injury attached. You should also gather evidence to show how the injury has affected your standard of living. This evidence makes it easier for your legal counsel to present a watertight case. 

Establish Negligence

This is where we come in. Our work will be to establish negligence against the defendant. For example, let us assume the accident was caused by drunk driving. In this case, we will prove that it could have been avoided if the driver had been sober.

After that, we will serve a notice of claim to all involved parties. We will begin settlement talks at this stage, and if a settlement is not reached, we will file a lawsuit. 

How Much Is My Case Worth?

It is not easy to determine how much a case is worth, but we can tell you that the more injured you are, the more valuable it is. Serious injuries attract more severe damages and vice versa. There are, however, several factors that affect a case:

  • Your level of liability 
  • Whether you have adequate medical records
  • The nature of your injuries
  • Personality traits of the defendant

What Is the Statute of Limitations in Texas?

According to the statute of limitations in Texas, Personal injury cases must be filed within two years of the accident date. It is important to note that the statute of limitations applies whether the claims result from an intentional tort or negligence.

Are There Exceptions to the Statute of Limitations in Texas?

There are some exceptions to these limitations. The first is that the statute does not apply if the injured person is under 18. In addition, the rule does not apply if the person is considered of unsound mind. Once the victim turns 18 years old, the statute of limitations becomes valid.

Another exception to the statute of limitation is when the defendant leaves the state of Texas before the lawsuit is filed. In this case, the statute of limitations will not apply until their return.

What Should I Avoid When in an Accident?

One thing that you need to avoid when you are involved in a car accident is giving out information to the other party’s insurance company. The insurance agents tend to call people immediately after the accident to determine whether they have injuries. If you say no and your injuries develop after a day or two, your statement will be used against you in a court of law.

Another thing you need to avoid is not going to the hospital immediately. In addition, if you happen to go to the hospital, make sure you do not miss any doctor’s appointments. This is because the defendant can use this against you.

Can My Insurance Company Refuse to Settle Claims?

Your insurance company is obligated to pay you in good faith. However, there are some instances where the insurance company offers an unreasonable amount, refuses to settle, or refuses to defend its clients. In some cases, the insurance company might cancel your policy altogether. If this happens, you can count on us to protect your rights. 

Get in Touch with a Qualified Personal Injury Attorney

If you’re looking for a personal injury attorney that you can trust, contact our Gibbs & Crivelli, Slingshot Law Firm for a free consultation. We have years of experience handling complicated personal injury lawsuits.

When we work together, you can rest assured that our lawyers will give your case the respect it deserves. You can get in touch by dialing 800-488-7840 or through the contact form on the website.

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