FAQ - Galvez & Jones Bryan Texas Personal Injury Accident Attorneys

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PERSONAL INJURY FREQUENTLY ASKED QUESTIONS

Personal injury law refers to the area of law that involves civil law cases designed to obtain compensation for personal injury. Initially, the personal injury attorney usually tries to negotiate with the opposing party or their insurance company. If necessary, and if the attorney thinks you have a good chance of winning, the case may go to trial. The main concerns in an injury case are negligence and liability. Before you can collect an award, your attorney will have to prove that the defendant is liable. To prove liability, the attorney must establish negligence. If there is a failure to exercise reasonable care to prevent injury or damage then there may be negligence. Once liability and negligence have been established, the judge or the jury may award money to compensate for medical costs, lost wages and lost future earnings as well as for pain and suffering.

17. What is Personal Injury?
1. A Personal Injury is any physical or mental injury to a person that is a result of someone else's negligence or harmful act. The lawyers Galvez & Jones have experience in representing accident victims who have suffered serious personal injury. Sometimes personal injury may be referred to as bodily injury. Injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in injury:
• Auto accidents
• Dangerous or Defective Product Injuries (Product Liability)
• Motorcycle Accidents
• Medical Malpractice
• Workers Compensation
• Wrongful Death Accidents
• Toxic Exposure
• Large Truck Accidents

17. What financial compensation can I recover in a personal injury claim?
1. Accident victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following.
   • Medical bills
   • Lost Wages, including overtime
   • Pain & Suffering
   • Physical Disability
   • Disfigurement
   • Permanent Scars
   • Emotional Trauma
   • Mental Anguish
   • Loss of Enjoyment
   • Loss of Love & Affection
   • Embarrassment
   • Mental Disability
   • Property Damage
   • All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others)

17. How do I know if I have a case?
1. In order to prevail in a personal injury lawsuit in Texas, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are. By consulting with Galvez & Jones, you will be in a better position to determine whether or not you have a case.

17. How do I know if I may need an attorney?
1. If you have been seriously injured in Texas or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible. In a serious injury case, you are better off hiring an attorney as soon as possible. There is a statute of limitations that requires you to file a lawsuit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. Galvez & Jones will be able to help you keep within the statute of limitations.

17. What is a Contingency Fee?
1. A contingency fee is a fee that is used by lawyers in most injury cases. It is contingent when the fee is conditioned upon your attorney's successfully resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. A contingent fee is what is meant when you hear “no fee unless we recover”. The client is generally responsible for the out-of-pocket costs of litigation. Contingency fees are usually one third of what you win from the case.

17. If I have an injury case do I have to go to court?
1. Most cases in New York are settled out of court between opposing lawyers or by the insurance company. If a case does go to trial you most likely will have to appear so that your testimony can be heard.
   
   If you or someone you know in Texas needs the assistance of an experienced personal injury or medical malpractice lawyer then contact Gavez & Jones for a free consultation with an experienced personal injury lawyer.

17. If I want to hire your firm what do I need to do?
1. Please call our office at any time and we will be happy to schedule an appointment. Our phones are answered 24 hours, 7 days a week.

17. What do I do if my vehicle is not drivable after my accident?
1. We will immediately arrange for a rental car for you on our business account. We will even drive you to pick up the rental if necessary.

17. How do I see a doctor if I cannot afford to see a doctor?
1. We will immediately arrange for you to see a physician who you feel best benefits your needs. We will work with the physician to bill us directly with an understanding they will be paid out of the proceeds of any settlement you may receive.

17. Why should I hire a lawyer in the first place?
1. Insurance adjusters are experienced professionals. Oftentimes they will try to get a statement out of you that hurts your case immediately after the accident or try to settle with you for a paltry sum before you even realize the extent of your injuries. Independent studies have shown you will recover a significant amount more money with an attorney than without and attorney. Immediate investigation sis crucial for recovering information on your case and may cause significant damage to you claim if not timely recovered.

17. What do I have to pay to see an attorney?
1. Our initial consultation is absolutely free. Should we decide to work together then our fee will be based on a contingency basis. This means that we are only paid whey you receive money for your claim.

17. If I want to hire your firm what do I need to do?
1. Please call our office at any time and we will be happy to schedule an appointment. Our phones are answered 24 hours, 7 days a week.

17. What is my case worth?
1. There are many variables in determining the value of each case. Some of the factors include:
• Liability
• Limits of bodily injury coverage
• Severity of injuries
• Amount of medical bills owed
• Estimated future medical care
• Loss of earnings

17. What should I do if I am injured in an auto accident?
1. Call the police. Even if you are not injured, you should call the police to establish liability. Report the claim to your insurance carrier, but do not give a recorded statement without consulting with an attorney. Seek medical care immediately. If you have sustained any cuts, bruises or have stitches or scarring, have someone take photographs immediately. If possible, take pictures of the damage to your vehicle as well as the other vehicle(s) involved. Contact a personal injury attorney immediately to preserve your rights.

17. Why do I have to report the claim to my own carrier if I was not at fault?
1. In the State of Texas, we are required to carry PIP (Personal Injury Protection) and PD (Property Damage Coverage). Regardless of fault, the medical portion of your claim must be filed with your own carrier.

17. How long will it take to settle my claim?
1. Personal injury claims vary in length from weeks to years in some instances. We will thoroughly investigate your claim to make sure you get the compensation you are entitled to receive. Galvez & Jones typically resolves most cases in 6 months to a year.

17. Will I have to go to court?
1. If the insurance company agrees to pay what we believe your case is worth, and you wish to settle for that amount, then you don't have to go to court.

17. Who will pay for the damage to my vehicle?
1. If liability is established, then the claim may be filed with the at-fault insurance carrier. Sometimes the insurance investigation is not complete, therefore there may be a delay in having your vehicle repaired and/or obtaining payment if your vehicle is deemed a total loss.
   
   If you carry collision coverage on your automobile policy, you may elect to file the claim under your own policy and allow your carrier to subrogate against the other carrier. The subrogation claim will include your deductible (if any) and the cost of obtaining a rental car.

EXPLANATION OF AUTOMOBILE COVERAGES

Property Damage Coverage:
This covers your legal liability for damage to the property of others. Florida law requires you carry this coverage.

Bodily Injury Liability Coverage:
This is optional coverage to cover your legal liability for bodily injury to others in case of an accident.

Personal Injury Protection:
This covers you, your family and certain others for bodily injuries resulting from auto accidents, without regard to fault. Payments are for 80% of medical expenses, 60% for loss of income, replacement household services and (if the limit has not been exhausted by other benefits) a death benefit. Personal injury protection is also required under Florida law. The principal exclusions for this coverage are injuries sustained in autos you or family members own which have not been specifically covered under the policy, and injuries to other vehicle owners required by law to have their own coverage.

Medical Expense Coverage:
This coverage supplements the medical expenses reimbursement of PIP coverage and provides basic coverage in situations where PIP does not pay.

Uninsured Motorists Coverage:
This coverage pays for bodily injuries to you, family members and certain others, resulting from the negligence of others. It pays when the at-fault party has no liability insurance, or liability coverage with limits not adequate to pay for the damages incurred, or if injuries result from a hit-and-run vehicle. Your coverage may be "stacked" or "non-stacked". The principal difference between these two forms is that the total amount of protection under the stacked form is the sum of the limits applicable to each vehicle insured, whereas under the non-stacked form, the limit stated applies per accident regardless of how many vehicles you own or insure.

Collision:
This covers damage to your car resulting from upset or impact with another object.

Comprehensive:
This covers damage to your car resulting from fire, theft and other direct losses not excluded. The principal exclusions are for damage to certain electronic and sound equipment; tapes and other media; radar detectors; undeclared camper bodies; and van or pickup customized equipment.

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The personal injury information offered by Bryan, Texas personal injury Lawyer and contained herein, regarding Bryan, Texas personal injury statutes and Bryan, Texas personal injury claimants' rights, is general in scope. No Bryan, Texas personal injury attorney / client relationship with our Bryan, Texas personal injury attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Bryan, Texas personal injury lawyer regarding your specific inquiry. See Terms of Use.