Personal Injury FAQs
Your Concerns Answered by Our Knowledgeable San Antonio Lawyers
With years of experience helping injured victims and their families, our San Antonio personal injury attorneys have gained a clear understanding of victims' rights and the claims-filing process. We know how to fight on our clients behalf in order to help them receive the monetary compensation they deserve after an accident at the hands of a negligent or reckless individual. Because of this, we have taken the time to answer some of the most commonly asked questions. Read below to learn more.
- What happens if an insurance company tries to get me to settle?
- Why should I file a personal injury claim even if an insurance company is trying to offer a settlement?
- If I played a role in the cause of my accident and injury, will this disqualify me from receiving financial compensation?
- When should I take legal action? Against whom can I take action?
- How much will my claim be worth?
- Will my case go to trial?
What happens if an insurance company tries to get me to settle?
Many injury victims are simply looking for an immediate remedy to their losses. Though this is not necessarily a bad thing, it could cause victims to make snap decisions that could end up hurting themselves in the long-run. Quick-fixes are rarely ever in your best interests. Oftentimes, insurance companies try to get victims to settle for less than what they truly deserve - and sadly enough, this happens more often than you may initially assume. You have the right to refuse a settlement offer from an insurance company and pursue financial compensation by filling a personal injury claim.
Why should I file a personal injury claim even if an insurance company
is trying to offer a settlement?
Accepting an insurance check could prevent you from actually receiving your full, entitled amount of compensation. Filing a personal injury claim sends out a clear message to insurance companies that you are not willing to settle for less than what you deserve. By working with a legal professional who can file a claim on your behalf, you can take the proactive steps towards securing the financial compensation you need to pay for extensive medical bills, property damages, or other accident-related expenses.
If I played a role in the cause of my accident and injury, will this disqualify
me from receiving financial compensation?
The state of Texas recognizes what is called "comparative fault" laws. This means that partial compensation can be paid to victims who have been found to be partially at-fault for their own injuries. Anyone who is found to be more than 50% responsible for his or her injury will not be permitted to take legal action or seek recovery for their damages. If you have been found to be at-fault for an accident in a degree that is less than 50%, however, you can still seek compensation that will be reduced directly proportionate to your degree of fault for the accident.
When should I take legal action? Against whom can I take action?
If you have been involved in an accident, you must take legal action immediately. The state of Texas does enforce a strict statute of limitations, which places a time-sensitive restraint on when victims can file a claim. Victims in Texas will have up to 2 years from the date of the accident to file a claim. Claims can be filed against liable parties, such as individuals, drivers, insurance companies, corporations, product manufacturers, property owners, employers, or others.
How much will my claim be worth?
Because there are so many factors that need to be assessed prior to even estimating a possible amount, no ethical attorney should ever guarantee a specific number for any personal injury claim. You should be wary of any lawyer who tries to say otherwise. At The Daspit Law Firm, we know that every accident and victim are unique, and that each claim will differ on a case-by-case basis. Personal injury claims will be dependent on a number of factors, such as negligence, property damage, medical bills, and other non-monetary damages, such as emotional pain or suffering.
Will my case go to trial?
No, not all claims necessarily make it all the way to the trial phase. In fact, with the help of a seasoned legal professional, your claim could be successfully negotiated outside of the court. It is only in certain circumstances that a claim will go to trial, such as a defendant's failure to meet the needs of the victim, or the defendant disputes a claim. Your right to pursue legal action by trial could be useful in these situations - and Attorney Daspit has the experience and tenacity needed to successfully navigate the difficult terrain of the justice system.
Contact The Daspit Law Firm Today for a Free Case Review
After someone else's careless actions have wronged or harmed you, you deserve to be advocated wholeheartedly. At The Daspit Law Firm, we treat every case as our very own, providing our clients with the close, compassionate, and attentive guidance they need. Our San Antonio personal injury lawyers are ready to help you.