How Do You Know When to Contact a Personal Injury Law Firm?
Dec. 25, 2023
Being involved in an accident can be an overwhelming experience. It's not just the physical pain that you have to deal with, but the emotional trauma and financial burden that come along with it. You may feel lost, uncertain, and anxious about what to do next. It's during these challenging times that you need someone by your side who understands your situation and can guide you through the legal maze.
Knowing When to Reach Out to a Personal Injury Law Firm
Often, people wonder when the right time is to contact a personal injury lawyer. The simple answer is: as soon as possible. If you've been injured due to someone else's negligence, it's crucial to act promptly. Even if you're unsure about the severity of your injuries or your chances of winning a claim, it's always best to consult with a lawyer as soon as you can. This way, we can start gathering vital evidence, understanding the specifics of your case, and advising you on the best course of action.
Understanding Your Rights
As someone who's been in an accident, it's essential that you understand your rights. In Texas, we have what's called the "modified comparative negligence" rule.
Under this rule, you can still recover damages even if you're partially at fault for the accident. The key word here is "partially". Texas follows a 51% bar rule, which means that if you're more than 50% responsible for the accident, unfortunately, you won't be eligible to receive compensation.
Here's how it works: let's say you've had an accident and the total damages are determined to be $50,000. If you're found to be 40% at fault, your compensation will be reduced by that percentage. So, in this case, you'd receive 60% of $50,000, which is $30,000.
But remember, you have to be less than 51% at fault to receive any compensation. If you're found to be 51% or more at fault, you won't be able to recover damages.
The Statute of Limitations in Texas
In Texas, there's a time limit for filing personal injury claims. According to the Texas Civil Practice & Remedies Code Section 16.003, you have two years from the date of the accident to file your claim. This might seem like a lot of time, but it can go by quickly, especially when you're dealing with medical treatments and recovery. It's crucial to contact a personal injury attorney as soon as possible to ensure your claim is filed within this timeframe.
Types of Compensation Available
When injured due to another's negligence, you might be entitled to different types of compensation. Each case is unique, and determining the value of your case can be complex. Here are some types of compensation you could receive:
Medical care costs, including future medical expenses related to the accident.
Lost income or wages, including overtime, sick leave, and other benefits.
Compensation for reduced earning capability.
Mental anguish.
Pain and suffering.
Loss of enjoyment of life.
Out-of-pocket expenses resulting from the injury.
Loss of love, affection, companionship, and comfort provided by the injured person.
Punitive damages.
Filing a Personal Injury Claim
Navigating the aftermath of an accident can be overwhelming, but it's crucial to act promptly if you plan to file a personal injury claim. Here are the steps you should take:
Seek Medical Attention: Always prioritize your health. Even if your injuries seem minor, some symptoms don't appear immediately after an accident. A doctor's report also provides valuable evidence in your case.
Report the Incident: Whether it was a car accident, workplace incident, or slip-and-fall, report it to the appropriate authority. This could be the police, your employer, or property owner.
Gather Evidence: Collect as much information as possible at the scene. This could include photos of the accident site, witness contact information, and details about what happened.
Contact Your Insurance Company: Inform your insurance provider about the accident as soon as possible. Be careful with your words, as they may try to minimize your claim.
Consult with an Attorney: I highly recommend consulting with an attorney before proceeding further. At The Law Office of Aaron Fonseca, I can help you understand your rights, gather evidence, and handle all negotiations with the insurance company.
Choose the Right Course of Action: In Texas, you have several options for pursuing a personal injury claim. You can file a claim with your insurance company, file a third-party claim with the at-fault party's insurance carrier, or file a personal injury lawsuit in civil court. I can guide you on the best course of action for your case.
Negotiate a Settlement or Go to Trial: With my help, we can negotiate a fair settlement with the insurance company. If they refuse to offer a reasonable amount, we won't hesitate to take your case to court.
Remember, every personal injury case is unique, and this list serves as a general guide.
The Role of a Personal Injury Attorney
Having an experienced personal injury attorney by your side can make a significant difference in your case. At The Law Office of Aaron Fonseca, I’m committed to fighting for your rights and representing your best interests. We'll investigate your case, gather evidence, establish liability, and handle all negotiations with the insurance company. If necessary, we won't hesitate to take your case to court.
In conclusion, knowing when to contact a personal injury law firm is crucial to helping you get the justice you deserve. At The Law Office of Aaron Fonseca, I understand the challenges you're facing and am here to help. I’m committed to serving the community in Edinburg, Texas, and the surrounding areas. With my experience and dedication, I'll work tirelessly to help you seek the compensation you deserve. Don't wait – contact me today.