Personal Injury FAQs
Dec. 9, 2022
It is not unusual for people to have many unanswered questions after sustaining a personal injury. Most people do not understand how personal injury cases work and what they need to do to protect their rights and seek fair compensation for their injuries.
As a personal injury attorney in Houston, Texas, I provide clients with the personalized attention they deserve. At Jose Orihuela, Attorney at Law, I also represent injured victims in Webster, Pasadena, South Houston, Clear Lake, Santa Fe, Dickinson, Seabrook, Friendswood, League City, and other parts of the state.
Personal Injury FAQs
Personal injury cases can be confusing and overwhelming, especially if you don’t know where to start. Here are the answers to some of the most commonly asked questions about personal injury:
What to do after an accident? After an accident, seeking medical attention should always be your first step. Even if you think your injuries are minor or you don’t feel hurt, it’s important to get checked out by a doctor as soon as possible. Delaying medical attention can have serious consequences down the line and may even affect your chances of recovering compensation for your injuries. The second step you should take is to contact a personal injury attorney who can help guide you through the process of filing a claim.
What if I was partially at fault? In many states, including Texas, even if you were partially at fault for the accident that caused your injuries, you can still recover compensation for your losses from any other parties who were also at fault. However, under the modified comparative negligence rule in Texas, the amount of compensation may be reduced based on what percentage of fault was attributed to each party involved in the accident. In addition, you cannot recover damages if you are 51% or more at fault.
Should I see a doctor if I don’t feel hurt? Yes, even if you don’t feel hurt immediately after an accident, it is important that you see a doctor right away in order to document any unseen or delayed injuries that may have occurred due to the impact of the accident. Delayed symptoms, such as dizziness or headaches, could be signs of something more serious, and having documentation from a medical professional will help strengthen your case when seeking damages.
Should I talk with the insurance adjuster? No, it is highly recommended that injured victims refrain from speaking with insurance adjusters until they have spoken with an experienced personal injury attorney first. Insurance adjusters are trained negotiators whose job is to protect their company’s interests—not yours. They will often attempt to get injured victims to settle for less than they deserve by using tactics like offering lowball settlement amounts and asking tricky questions about fault or liability, which could undermine an injured victim’s case later on in the claims process.
How long do I have to file a personal injury claim? The statute of limitations for filing a personal injury claim varies from state to state. In Texas, injured victims can bring a lawsuit to seek compensation for personal injuries within two years from the accident date. It is critical to act quickly in order to ensure that your claim is filed within the given time frame before your rights expire completely and you become barred from recovering damages altogether.
What if the other party has no insurance? Texas is a “fault” state when it comes to determining liability for automobile accidents. A fault state means that injured victims can collect damages from the at-fault driver’s insurance company. Unfortunately, not all drivers in Texas have auto insurance. According to the Insurance Information Institute, an estimated 8.3% of motorists in Texas are uninsured.
Do I need a personal injury attorney? When you’re facing a personal injury claim, putting an experienced professional in your corner can make all the difference. A reliable and knowledgeable attorney understands how to navigate legal channels and negotiate with insurance companies for the most favorable settlement offer possible. The result? You’ll get compensated quickly without spending time or energy on tedious details that could slow down the resolution of your case. A skilled attorney can provide valuable guidance and insight throughout your case, from collecting evidence to understanding local liability laws. Your attorney will be by your side every step of the way.
Seek the Compensation You Deserve
If you have additional questions about personal injury law and your legal rights, reach out to one of my offices in Texas: in Houston or Webster. At Jose Orihuela, Attorney at Law, I can answer your questions and help you fight for the compensation you deserve. Schedule a free consultation today to discuss your particular case and address your concerns.