What is a "Personal Injury"?
A "Personal Injury" is an injury to a person as a result of another
person's or entity's negligence or wrongful act. A personal injury may also
be referred to as a bodily injury. Personal injuries can occur in a wide
variety of ways. The following are examples of some common incidents
that cause personal injuries:
- Motor Vehicle Collisions / Car Wrecks
- Dangerous or Defective Product Injuries (Product Liability)
- Aviation Disasters
- Medical Malpractice
- Slip or Trip and Falls Incidents
- Exposure To Dangerous Chemicals
- Construction Site Accidents
What is "negligence"?
"Negligence" means a failure to do what a reasonable person would do in
the same or similar circumstances. A negligent act can be either doing
something that a reasonable person would not do in a particular
circumstance or failing to do something that a reasonable person would do
in a particular circumstance.
I have just been in an automobile accident, what is the first thing I should
do? If you are injured in an accident, it is important to seek medical
treatment immediately. Your good health can never be replaced. If your
injury is serious, go to the nearest hospital emergency room. If you just
feel sore, you can see your family doctor. Sometimes serious injuries do
not cause immediate pain. In fact, even an injury that turns out to be
fairly serious can initially seem like you are simply sore. If you
experience even minor pain after an accident, seek treatment promptly.
After you have seen to your immediate medical needs, consult an
attorney.
If I don't have health insurance or a family doctor, how do I get medical
treatment?
If you need emergency care, most states have what are called
"anti-dumping" laws. If you are seriously injured, all you have to do is go
to a hospital emergency room and they have to render necessary
emergency treatment to you regardless of your ability to pay. For your
follow-up care, an attorney can help. Most attorneys who regularly
represent injury victims know a variety of good doctors who are caring
enough to work with injury victims and defer payment until after such
time as the injured person's claim is resolved.
How do I find a good attorney?
In the old days, everyone knew attorneys by their reputations and knew
who the good attorneys were. Today, unfortunately we live in a much
larger society and unless you have had experience with an attorney, you
simply don't know who is good and who isn't. TV or a billboard or a big ad
in the telephone book isn't the answer. That only means that particular
attorney has spent money to buy advertising just like a beer company or a
company that sells soap. Your relationship with an attorney shouldn't be
based upon a sound bite. It should be personal. You want an attorney who
will personally talk with you about your case and your concerns. You want
to know that the attorney that you hire is the attorney that is going to
personally work on your case and who will take it to trial if it can't be
settled. When you interview attorneys, ask that attorney if he or she is
prepared to personally take a case all the way from start to finish or
whether they send their cases out to other attorneys when they can't
settle them. At my law firm, I only accept cases where I am going to be
the handling attorney or one of the handling attorneys. Keep that in mind
when you seek legal counsel.
What financial compensation can an injury victim claim in a personal
injury claim?
Personal Injury Victims are entitled to recover money damages for all
losses and expenses they incur as a result of an accident. The damages
may include the following:
- Medical bills,
- Lost Wages, including overtime,
- Pain & Suffering,
- Physical Disability,
- Disfigurement or Permanent Scarring,
- Mental Anguish,
- Mental Disability, and
- Property Damage.
How do I know if I have a Personal Injury claim?
To have a personal injury case, you must be able to show that you have
been injured due to the wrongful act of another person or a company. If
you are unsure whether you might have suffered a personal injury that
would give rise to a claim, consult an attorney.
What if an accident is partly my fault? Can I still have a claim?
Even if an accident resulting in an injury was partially your fault, you still
may have a claim based on the concept of Comparative Negligence or
Contributory Negligence. Comparative or Contributory Negligence means
that if a case goes to trial, the judge or jury will make a determination as
to what percentage of negligence or fault of each party to the incident
caused the incident. While you may still be able to recover damages for
your injuries, such damages will then be reduced by the percentage of
fault for the incident that a jury finds you committed in causing the
incident in which you were injured. In Texas, there is a 51% rule in most
negligence cases. This means that if a person with a claim is more than
50% negligent in causing their own injury, their recovery for damages is
barred. In certain cases a different percentage applies. For more
information that is specific to your situation, please consult an attorney.
How do I know if I may need and attorney?
If you were seriously ill, you would go to see a doctor, wouldn't you?
Attorneys are professionals at handling personal injury claims and
litigation. If you or a loved one has been seriously injured, you should
always consult an experienced personal injury attorney to determine your
rights. You should do so before you talk to anyone with the insurance
company. Insurance companies have well trained, experienced adjusters
whose job is do everything that they can to keep from paying an injury
victim fair compensation for their injuries. An insurance adjuster is not
there to help you. The insurance adjuster is not your friend no matter
how friendly they may seem.
Most law firms that handle personal injury claims offer a free
consultation, with no obligation; therefore, you have nothing to lose by
consulting an attorney before you talk to the insurance company
representative.
What if you can't afford to pay an attorney? What is a Contingency Fee?
Personal injury cases are generally handled on a contingency fee basis.
Most attorneys will be happy to work on a personal injury case on an
hourly basis but how many people can afford to pay an attorney thousands
or tens of thousands of dollars to represent them when they have been
injured and are losing income due to being off work because of their
injuries. With a contingency fee, the injured person does not pay his
attorney any fee unless the attorney secures a recovery in favor of the
injured person. A percentage of the recovery goes to the attorney for his
fee in a contingency fee situation. In this situation, the expenses of
handling your claim are generally advanced by the attorney. If there is a
recovery, the attorney gets reimbursed for the expenses of the claim or
litigation that he has advanced. If there is no recovery, the attorney bears
the loss of the expenses that he or she advanced in your claim.
If I have a personal injury claim do I have to go to court?
Most personal injury claims are settled without a lawsuit ever being filed.
Of those cases where a lawsuit is required, the vast majority of those are
settled before trial actually begins. If the case actually goes to trial, you
would be required to participate in the trial of the case.
How long do I have to make a claim for Personal Injuries?
This varies from state to state and depending upon the type claim
involved. Every state has certain time limits, called "statutes of
limitations" that govern the time period during which you must file a
personal injury lawsuit. In some states, for example, you may have as
little as one year to file a lawsuit arising out of an automobile accident.
Other states have longer limitations periods. Since these statute of
limitations time periods vary from state to state, it is important that you
contact an attorney as soon as possible after you are injured. If you miss
the statutory deadline for filing a case and do not get your case properly
filed, your claim is barred as a matter of law and no recovery will be
possible no matter how badly you are hurt or how negligent the other
party may be in having caused your injuries.
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the
circumstances surrounding the case. First, your attorney will have to be
able to determine the extent of your injuries and what damages you have
suffered. Often times, the injured person needs to be finished with his or
her medical treatment or at least be stabilized at to treatment in the
event of lifelong injuries before settlement negotiations can even begin in
earnest in a claim. Second, the more complex the facts of your claim, the
longer it may take to settle. While no one wants their personal injury
claim to drag on any longer than it must, you don't want an attorney who
is looking for a quick settlement of your claim. Quick settlements are
generally cheap settlements of your claim and don't get you the fair
compensation for your injuries that you deserve.
How much is my claim worth?
I hear this question time and time again from new clients on their first
visit. It is an impossible question to answer even though I realize how
nervous and upset someone is after they have been injured due to no fault
of their own. In order for an attorney to be able to answer that question,
he or she must know all the facts of the incident in which you were
injured and have time to review all of your medical records to determine
the extent of your injuries. Just as important though is that your attorney
needs to be able to get to know you, to understand how your injuries have
affected your and your family's life as well as being able to evaluate all
aspects of your case. If an attorney that you consult gives you an answer
to the how much is it worth question and names even a wide range of
damage figures, run.
Will my health insurance coverage or paid sick leave from work limit my
compensation for an accident?
NO! If you have been fortunate enough to have health insurance or sick
leave or vacation time as a benefit of your employment, that doesn't keep
you from being able to claim the full amount of your medical bills or lost
earnings as damages in your personal injury claim. In fact, when you have
your health insurance company pay for your medical bills as a result of
you being injured due to another person's negligence, you may have to
reimburse your health insurance company out of your recovery for the
amounts that it paid on your behalf. A good attorney can help guide you
through this process as well as negotiating with your health insurance
company regarding how much you have to reimburse the company if you
make a recovery. Often times a health insurance company will reduce
what they expect you to repay to them to help pay a part of your
attorney's fees and the expenses incurred to make the recovery.
Should I tell my version of what happened to anyone or should I "remain
silent?
If the accident is serious, or if you are partially or totally at fault in the
accident, you should contact a lawyer prior to speaking to anyone, if
practical. Your lawyer can review the facts with you to ensure that your
statement is clear and factually correct. An insurance adjuster can ask
you leading questions that you do not understand the significance of as
you are not trained in the legal field. If necessary, your lawyer can help
you fill out any required accident reports and insurance claim forms.
If I have been injured, who will pay my medical bills?
Most states require drivers to carry automobile insurance. Many
insurance policies have some limited type "no fault" coverage, meaning
that your insurance company will pay your medical bills regardless of who
is at fault. If you have health insurance, you may also get coverage under
your health policy.
Who will pay for the damage to my car?
You have the right to make a claim for property damages against the
party responsible for damaging your vehicle. Also, if you have purchased
collision insurance on your automobile insurance policy, your insurance
company may pay to have your car fixed or will pay you the value of the
vehicle in a total loss if the responsible party and or their insurance
company will not immediately agree to cover your property damages. If
you are not at fault in the accident and you have your insurance company
pay for the damages to fix your vehicle, your insurance company will seek
to be reimbursed by the insurer of the driver at fault.
What happens in a lawsuit?
A lawsuit begins by filing a document called a petition or complaint. The
person filing the complaint is called the plaintiff and person or entity
against who the complaint is filed is called the defendant. The defendant
must file an answer addressing the allegations contained in the complaint
and must raise any defenses the defendant may have. The defendant's
insurance company will hire an attorney to represent the defendant and
will pay any damages, up to the policy limits, that the plaintiff recovers in
the lawsuit.
What happens at trial?
If the case goes to trial, the plaintiff goes first and presents his or her
witnesses, documents and any other evidence which helps prove the
plaintiff's case. The defendant then puts on his or her witnesses,
documents and any other evidence in defense. The case is then presented
to the judge or jury, who decides who wins and, if the plaintiff wins, the
judge or jury decides how much money the plaintiff gets.
This web site is designed for general information only. The information
presented at this site should not be construed to be formal legal advice
nor the formation of a lawyer/client relationship.
A "Personal Injury" is an injury to a person as a result of another
person's or entity's negligence or wrongful act. A personal injury may also
be referred to as a bodily injury. Personal injuries can occur in a wide
variety of ways. The following are examples of some common incidents
that cause personal injuries:
- Motor Vehicle Collisions / Car Wrecks
- Dangerous or Defective Product Injuries (Product Liability)
- Aviation Disasters
- Medical Malpractice
- Slip or Trip and Falls Incidents
- Exposure To Dangerous Chemicals
- Construction Site Accidents
What is "negligence"?
"Negligence" means a failure to do what a reasonable person would do in
the same or similar circumstances. A negligent act can be either doing
something that a reasonable person would not do in a particular
circumstance or failing to do something that a reasonable person would do
in a particular circumstance.
I have just been in an automobile accident, what is the first thing I should
do? If you are injured in an accident, it is important to seek medical
treatment immediately. Your good health can never be replaced. If your
injury is serious, go to the nearest hospital emergency room. If you just
feel sore, you can see your family doctor. Sometimes serious injuries do
not cause immediate pain. In fact, even an injury that turns out to be
fairly serious can initially seem like you are simply sore. If you
experience even minor pain after an accident, seek treatment promptly.
After you have seen to your immediate medical needs, consult an
attorney.
If I don't have health insurance or a family doctor, how do I get medical
treatment?
If you need emergency care, most states have what are called
"anti-dumping" laws. If you are seriously injured, all you have to do is go
to a hospital emergency room and they have to render necessary
emergency treatment to you regardless of your ability to pay. For your
follow-up care, an attorney can help. Most attorneys who regularly
represent injury victims know a variety of good doctors who are caring
enough to work with injury victims and defer payment until after such
time as the injured person's claim is resolved.
How do I find a good attorney?
In the old days, everyone knew attorneys by their reputations and knew
who the good attorneys were. Today, unfortunately we live in a much
larger society and unless you have had experience with an attorney, you
simply don't know who is good and who isn't. TV or a billboard or a big ad
in the telephone book isn't the answer. That only means that particular
attorney has spent money to buy advertising just like a beer company or a
company that sells soap. Your relationship with an attorney shouldn't be
based upon a sound bite. It should be personal. You want an attorney who
will personally talk with you about your case and your concerns. You want
to know that the attorney that you hire is the attorney that is going to
personally work on your case and who will take it to trial if it can't be
settled. When you interview attorneys, ask that attorney if he or she is
prepared to personally take a case all the way from start to finish or
whether they send their cases out to other attorneys when they can't
settle them. At my law firm, I only accept cases where I am going to be
the handling attorney or one of the handling attorneys. Keep that in mind
when you seek legal counsel.
What financial compensation can an injury victim claim in a personal
injury claim?
Personal Injury Victims are entitled to recover money damages for all
losses and expenses they incur as a result of an accident. The damages
may include the following:
- Medical bills,
- Lost Wages, including overtime,
- Pain & Suffering,
- Physical Disability,
- Disfigurement or Permanent Scarring,
- Mental Anguish,
- Mental Disability, and
- Property Damage.
How do I know if I have a Personal Injury claim?
To have a personal injury case, you must be able to show that you have
been injured due to the wrongful act of another person or a company. If
you are unsure whether you might have suffered a personal injury that
would give rise to a claim, consult an attorney.
What if an accident is partly my fault? Can I still have a claim?
Even if an accident resulting in an injury was partially your fault, you still
may have a claim based on the concept of Comparative Negligence or
Contributory Negligence. Comparative or Contributory Negligence means
that if a case goes to trial, the judge or jury will make a determination as
to what percentage of negligence or fault of each party to the incident
caused the incident. While you may still be able to recover damages for
your injuries, such damages will then be reduced by the percentage of
fault for the incident that a jury finds you committed in causing the
incident in which you were injured. In Texas, there is a 51% rule in most
negligence cases. This means that if a person with a claim is more than
50% negligent in causing their own injury, their recovery for damages is
barred. In certain cases a different percentage applies. For more
information that is specific to your situation, please consult an attorney.
How do I know if I may need and attorney?
If you were seriously ill, you would go to see a doctor, wouldn't you?
Attorneys are professionals at handling personal injury claims and
litigation. If you or a loved one has been seriously injured, you should
always consult an experienced personal injury attorney to determine your
rights. You should do so before you talk to anyone with the insurance
company. Insurance companies have well trained, experienced adjusters
whose job is do everything that they can to keep from paying an injury
victim fair compensation for their injuries. An insurance adjuster is not
there to help you. The insurance adjuster is not your friend no matter
how friendly they may seem.
Most law firms that handle personal injury claims offer a free
consultation, with no obligation; therefore, you have nothing to lose by
consulting an attorney before you talk to the insurance company
representative.
What if you can't afford to pay an attorney? What is a Contingency Fee?
Personal injury cases are generally handled on a contingency fee basis.
Most attorneys will be happy to work on a personal injury case on an
hourly basis but how many people can afford to pay an attorney thousands
or tens of thousands of dollars to represent them when they have been
injured and are losing income due to being off work because of their
injuries. With a contingency fee, the injured person does not pay his
attorney any fee unless the attorney secures a recovery in favor of the
injured person. A percentage of the recovery goes to the attorney for his
fee in a contingency fee situation. In this situation, the expenses of
handling your claim are generally advanced by the attorney. If there is a
recovery, the attorney gets reimbursed for the expenses of the claim or
litigation that he has advanced. If there is no recovery, the attorney bears
the loss of the expenses that he or she advanced in your claim.
If I have a personal injury claim do I have to go to court?
Most personal injury claims are settled without a lawsuit ever being filed.
Of those cases where a lawsuit is required, the vast majority of those are
settled before trial actually begins. If the case actually goes to trial, you
would be required to participate in the trial of the case.
How long do I have to make a claim for Personal Injuries?
This varies from state to state and depending upon the type claim
involved. Every state has certain time limits, called "statutes of
limitations" that govern the time period during which you must file a
personal injury lawsuit. In some states, for example, you may have as
little as one year to file a lawsuit arising out of an automobile accident.
Other states have longer limitations periods. Since these statute of
limitations time periods vary from state to state, it is important that you
contact an attorney as soon as possible after you are injured. If you miss
the statutory deadline for filing a case and do not get your case properly
filed, your claim is barred as a matter of law and no recovery will be
possible no matter how badly you are hurt or how negligent the other
party may be in having caused your injuries.
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the
circumstances surrounding the case. First, your attorney will have to be
able to determine the extent of your injuries and what damages you have
suffered. Often times, the injured person needs to be finished with his or
her medical treatment or at least be stabilized at to treatment in the
event of lifelong injuries before settlement negotiations can even begin in
earnest in a claim. Second, the more complex the facts of your claim, the
longer it may take to settle. While no one wants their personal injury
claim to drag on any longer than it must, you don't want an attorney who
is looking for a quick settlement of your claim. Quick settlements are
generally cheap settlements of your claim and don't get you the fair
compensation for your injuries that you deserve.
How much is my claim worth?
I hear this question time and time again from new clients on their first
visit. It is an impossible question to answer even though I realize how
nervous and upset someone is after they have been injured due to no fault
of their own. In order for an attorney to be able to answer that question,
he or she must know all the facts of the incident in which you were
injured and have time to review all of your medical records to determine
the extent of your injuries. Just as important though is that your attorney
needs to be able to get to know you, to understand how your injuries have
affected your and your family's life as well as being able to evaluate all
aspects of your case. If an attorney that you consult gives you an answer
to the how much is it worth question and names even a wide range of
damage figures, run.
Will my health insurance coverage or paid sick leave from work limit my
compensation for an accident?
NO! If you have been fortunate enough to have health insurance or sick
leave or vacation time as a benefit of your employment, that doesn't keep
you from being able to claim the full amount of your medical bills or lost
earnings as damages in your personal injury claim. In fact, when you have
your health insurance company pay for your medical bills as a result of
you being injured due to another person's negligence, you may have to
reimburse your health insurance company out of your recovery for the
amounts that it paid on your behalf. A good attorney can help guide you
through this process as well as negotiating with your health insurance
company regarding how much you have to reimburse the company if you
make a recovery. Often times a health insurance company will reduce
what they expect you to repay to them to help pay a part of your
attorney's fees and the expenses incurred to make the recovery.
Should I tell my version of what happened to anyone or should I "remain
silent?
If the accident is serious, or if you are partially or totally at fault in the
accident, you should contact a lawyer prior to speaking to anyone, if
practical. Your lawyer can review the facts with you to ensure that your
statement is clear and factually correct. An insurance adjuster can ask
you leading questions that you do not understand the significance of as
you are not trained in the legal field. If necessary, your lawyer can help
you fill out any required accident reports and insurance claim forms.
If I have been injured, who will pay my medical bills?
Most states require drivers to carry automobile insurance. Many
insurance policies have some limited type "no fault" coverage, meaning
that your insurance company will pay your medical bills regardless of who
is at fault. If you have health insurance, you may also get coverage under
your health policy.
Who will pay for the damage to my car?
You have the right to make a claim for property damages against the
party responsible for damaging your vehicle. Also, if you have purchased
collision insurance on your automobile insurance policy, your insurance
company may pay to have your car fixed or will pay you the value of the
vehicle in a total loss if the responsible party and or their insurance
company will not immediately agree to cover your property damages. If
you are not at fault in the accident and you have your insurance company
pay for the damages to fix your vehicle, your insurance company will seek
to be reimbursed by the insurer of the driver at fault.
What happens in a lawsuit?
A lawsuit begins by filing a document called a petition or complaint. The
person filing the complaint is called the plaintiff and person or entity
against who the complaint is filed is called the defendant. The defendant
must file an answer addressing the allegations contained in the complaint
and must raise any defenses the defendant may have. The defendant's
insurance company will hire an attorney to represent the defendant and
will pay any damages, up to the policy limits, that the plaintiff recovers in
the lawsuit.
What happens at trial?
If the case goes to trial, the plaintiff goes first and presents his or her
witnesses, documents and any other evidence which helps prove the
plaintiff's case. The defendant then puts on his or her witnesses,
documents and any other evidence in defense. The case is then presented
to the judge or jury, who decides who wins and, if the plaintiff wins, the
judge or jury decides how much money the plaintiff gets.
This web site is designed for general information only. The information
presented at this site should not be construed to be formal legal advice
nor the formation of a lawyer/client relationship.
FAQ: Personal Injury
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James W. Keene,
Attorney at Law
Attorney at Law
625 N. Alamo St.
San Antonio, Texas 78215
1-800-808-4411
San Antonio, Texas 78215
1-800-808-4411