Frequently Asked Questions About Personal Injury

A: A personal injury lawsuit is a legal dispute that occurs when an individual suffers harm as the result of an accident or injury caused by another negligent, reckless, or malicious party. The person who caused the harm may be legally responsible for damages suffered by the victim.

A:  A personal injury case begins when an individual–known as the plaintiff–files a civil complaint against another individual, business, corporation, or government agency–the defendant. It must first be established that the defendant had a legal “duty of care” towards the plaintiff. It must then be shown that the defendant failed to uphold this duty of care towards the plaintiff. Then, it must generally be determined that the defendant could have foreseen the incident and acted to prevent or avoid it. Because of how complicated personal injury law can be, it is in your best interest to work closely with a personal injury lawyer.

A: Bodily injury liability is a form of insurance that helps an individual pay for another’s injuries if they have been found responsible for an accident.

A: Personal injury protection is an extension of car insurance that covers medical expenses and other damages. While bodily injury liability insurance covers the other party involved in an accident, PIP protects YOU if you have been hurt in an accident, regardless if you are at fault.

A: Individuals may be able to obtain compensation for these two types of pain and suffering:

• Physical pain and suffering: This relates to the physical pain a plaintiff endures as a result of the personal injury they suffered. It also accounts for the negative effects related to the accident that the victim may continue to endure in the future.
• Mental pain and suffering: Mental pain and suffering accounts for the emotional injuries suffered by a victim including mental anguish, emotional distress, loss of enjoyment of life, depression, anxiety, and other such negative emotions.

A: Unless you have spoken with an experienced personal injury attorney beforehand–or have one on the call with you–you should NEVER accept an offer from an insurance company or from any other party involved in your accident.

A: If you lose your personal injury lawsuit, then you will NOT be awarded any compensation for damages you have incurred, and you may be responsible for costs related to the lawsuit. However, you will generally have the opportunity to appeal your case. Please be aware that the appeals process is not quick and can draw out the process for another year or longer.

A: You need to first gather documentation related to the expenses and losses you have suffered as a result of your personal injury. You will also need to take into account future expenses and non-economic damages. The best way to determine how much you should ask for in your personal injury statement is to work closely with an experienced personal injury attorney.

A: There is not a specific total awarded to each individual of a personal injury claim. However, you can figure out the general value of your claim by adding up costs and expenses related to your injuries, such as medical bills, treatment bills, out-of-pocket expenses, and loss of income. Most bodily injury claims are paid out by insurance companies, but you should be aware that there are limits of coverage, which is the maximum amount the insurer will payout.

A: Determining the value of your pain and suffering can be difficult because it is not tied to an actual amount such as a medical bill. In Texas, the multiplier method is used to determine the value of pain and suffering. An insurance company will add up all your economic damages and multiply that sum by a scale between 1.5 to 5.

A: Personal injury protection auto insurance pays for certain extra damages including medical services, death damages including funeral and burial costs, as well as lost wages if you have had to miss work as the result of your car accident.

A: PIP coverage may be worth considering as it can help you pay for medical expenses, lost wages, and funeral expenses not covered by your traditional car insurance.

A: The minimum coverage required to be “offered” in Texas is $2,500. However, it is recommended that you get as much coverage as possible.

A: Texas statutes state that an insurer must notify a claimant of acceptance or rejection of a claim within 15 days after the insurer receives all items and forms requested. However, in a personal injury claim, it can take a substantial amount of time to receive an offer of compensation. While you can settle quickly, this generally means that you receive less money. 

A: More than 95% of all personal injury lawsuits are settled privately. There is, however, a slim chance that a claim can go to trial if the plaintiff and defendant cannot reach a settlement. 

A: There are no strict rules for putting a value on pain and suffering, but an insurance company may consider:

• Adding up all your economic damages and multiplying that sum by a scale between 1.5 to 5.
• A “per diem” approach where a certain amount is assigned for every day following the day of the accident.

Insurance companies are not required to use these methods and generally use a computer program to determine the settlement amount for a pain and suffering claim.

A: In order to prove negligence in a personal injury claim, there are four legal elements that must be determined:

1. The defendant owed a duty of care to the victim, meaning they were obligated to avoid injuring someone or putting them in a path of danger.
2.  There was a breach of duty, and the plaintiff created or allowed a dangerous situation to happen.
3. The at-fault party’s breach of duty directly caused your injury.
4. The plaintiff suffered measurable damages and losses as a result of the personal injury.

A: Your personal injury lawyer will work closely with you to obtain evidence of your pain and suffering, including:

A: You can indeed represent yourself in a personal injury claim after an accident. However, because of how complicated a personal injury claim can become, it is in your best interest to seek guidance from an experienced Rio Grande Valley personal injury attorney.