Personal Injury Facts and Questions


If you have been injured in an accident that was caused by someone else's negligence, you may be able to file an injury claim with the insurance company or a lawsuit against the person or company responsible. This means that you may be able to receive compensation for the damage you received. Often a personal injury will lead to high medical bills and lost work. This can place a major strain on a family's financial resources. If you have found yourself in this position, you may have a number of questions that you want answered. Our attorneys have put together of list of frequently asked questions in hopes of provided you with some clarity. If any of your inquiries go unanswered, do not hesitate to contact our office and find out more.


Why should I hire a personal injury attorney?
Simply put, a talented personal injury attorney will increase the amount and certainty of the monetary compensation you receive for your injuries. While insurance companies will probably cover some of the costs associated with treating the injuries you sustained, their coverage usually does not extend beyond the initial costs. Some injuries can leave you with a lifetime of pain and discomfort. You should be compensated for these hardships. With the help of a dedicated attorney, you can seek retribution for all the hardships you will now have to endure as a result of your injuries. Do not sit back and let the insurance companies dictate the terms of your future life, they will always come up short.


What is the difference between a claim and a lawsuit?
Typically, a claim is filed with an insurance company in an attempt to obtain a reasonable settlement for the injuries and losses sustained by victim because of another person's or company's negligence. A lawsuit is a legal action filed before the court that seeks compensation from the individual, corporation, government agency, or insurance company that caused the victim's injuries and damages. Discuss your case with a knowledgeable attorney to determine the best option for your situation.


What exactly is negligence?
Negligence is one of the most important aspects of a personal injury case. In fact, it is what an entire claim is based on. Negligence is what causes the accident you were injured in in the first place. It is any conduct that fails to provide reasonable care to protect an individual from harm. In the legal field, negligence has four aspects. First, the individual accused of negligence must have owed the injured individual a duty of care. Second, they must have violated that duty. Third, that breach directly caused the injury. Fourth and finally, that the damage from the injury is provable. If all four elements are met, an individual may be accused of negligence.


Should I try to reach a settlement?
When you try to reach a settlement for your personal injury case, you are essentially making an agreement before going to trial. This is done when one party, either the defendant or the insurance company, offers a certain monetary payment in hopes of avoiding going to court. Reaching a settlement can be beneficial in some situations. However, you must be wary of individuals and insurance companies that are trying to cheat you out of the full amount that is due to you. If you are not sure if the settlement that is offered to you is appropriate, you should hire an attorney. A legal professional will be able to help you determine whether or not you would receive full coverage by accepting their offer.


What are the different types of damages that I can recover?
In a personal injury claim, the two most common forms of damages that you will be able to recover are called compensatory and punitive damages. Naturally, the type of damages that you can receive will depend entirely on the situation and the type of accident that you were injured in. Compensatory or actual damages are, as the name indicates, a payment made to compensate for the loss or damage that was suffered. If, for example, you were injured in a car accident and had to pay for a hospital stay and physical therapy as a result, you can be compensated for those payments.


Punitive damages, on the other hand, are made in response to a criminal act, such as malicious intent. It is a punishment or deterrence to try to keep the individual or others from repeating the act. This payment will be made in addition to the compensatory damages. These types of damages are much more difficult to determine and can include fraud, malice, bad faith, recklessness, and wanton violence. This is a controversial topic in tort law and is often hard to nail down. In most cases, it will be difficult to receive punitive damages on top of actual damages as the attitude behind a particular action can be hard to prove. However, if you intend to seek such recompense, it is best to do so with the aid of an attorney who has experience with a wide range of personal injury suits.


What happens if my case is not successful?
There is no charge for the firm's time unless your personal injury case is concluded successfully. We are dedicated to our clients and will do everything in our power to help ensure you receive a successful verdict. While every case has its unique circumstances, our attorneys are confident that they have the skill and know-how to secure the compensation your injuries demand. The costs of an exceptional personal injury pale in comparison to the overwhelming hardships you would have to endure without adequate compensation. With our firm you stand to lose nothing should our handling of your case not be successful.

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Disclaimer: The information found on this website is intended to be general legal information; it is not legal advice. You should not take action based upon this information without consulting legal counsel. This site is not intended to create an attorney-client relationship. We invite you to contact us and welcome your calls, letters and electronic mail. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Tom Bagby Law Firm is a personal injury law firm that represents victims across the State of Texas. Our priority is to provide our clients with the best legal representation in matters including personal injury, car wrecks, auto accidents, medical malpractice, and oil field injuries. Tom Bagby Law Firm represents the following areas: Alice, Carrizo Springs, Cotulla, Crystal City, Cuero, Del Rio, Eagle Pass, George West, Hondo, Jourdanton, Karnes City, Kerrville, Kingsville, Pearsall, Port Aransas, Port Lavaca, Rockport, San Antonio, Uvalde, Victoria.

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