Personal Injury FAQ’s
Q: What about medical care?
A: It is important to seek emergency medical care, if needed. Too many times, most people will go to the emergency room and are told they should be “okay”. And, “if you feel worse, see your family physician”. Over time, some of your injuries may improve and so you naturally think you will be “okay”. However, many injuries are often more serious than first thought. If you wait a month or two to see a doctor for the injury that does not improve, the insurance company will argue your complaints are not related to the event causing your injury.
Q: Is a lawsuit necessary?
Most cases do not result in an “actual” lawsuit. In fact, most cases are settled before filing a lawsuit, especially when your claim is prepared and organized in a professional manner. We understand lawsuits aren’t fun for anyone. However, we understand that it is in your best interest to settle claims quickly if it can be done fairly. The decision to file lawsuit is between you and me based upon many factors, which will be fully explained and discussed at the appropriate time.
Q: Should I talk to the insurance adjuster?
A: No, in fact, you should not until such time as you meet with me. It is better that you understand your rights and what you are entitled to under the law. At first, insurance adjusters are friendly. Insurance adjusters are professionally trained to obtain your trust and confidence, just so you will not seek independent advice from an experienced personal injury attorney. Most often, the adjuster will ask for your recorded statement even thought it was clearly not your fault. Well, if the person and/or business causing your injuries were telling the truth, why would the insurance adjuster want your statement? Because, the insurance adjuster knows that if they can get you to repeat your story two or three times under “cross examination”, each time you tell your story it will sound a little different-like you’re not quite telling the truth. Then, the adjuster has you exactly where they insurance company wants you. What is a jury to believe and why would an insurance company want to settle your claim.
You should understand that from the beginning, insurance companies have private investigators; lawyers and medical doctors on staff 24/7 just to make sure they pay as little as possible. Insurance companies could care less if what they pay is fair, just so long as they make a profit off of your loss. Even if you should pursue a claim against a friend, you would deal with an insurance company. In fact, your friend would have little to say about whether to pay or not to pay, even pay what’s fair.
Q: What is my claim worth?
A: What a claim may be worth is based on a number of factors. Only after all the information is gathered and negotiations have begun can we start to put a dollar figure on your injuries. The severity of the injury, the amount of pain it causes, and whether it has lingering effects are all issues that affect the value of a case. Our lawyers are experienced trial attorneys and they can demand a fair settlement or persuade juries to award big judgements if the insurance company doesn’t treat you fairly. Remember, on our contingent fee contracts you don’t pay any legal fees unless you receive money.
Q: How long will this take?
A: It is impossible to accurately predict how long the settlement process will take. Again, a great deal of information must be gathered and considered to reach a settlement. We know you have bills and are concerned about your finances. We will do everything in our power to avoid unnecessary delay.
Q: What do I owe Lester W. Vance LLC?
A: We often take cases on a contingent fee contract. That is, we agreed to front the expenses associated with prosecuting your case. Those expenses will be reimbursed to Lester W. Vance LLC out of any settlement. Our attorney’s fees are taken out of any settlement before expenses are paid. If there is no recovery, you do not pay any fees or expenses for the case.
Q: What if I am partially to blame for my injury?
A: The fact that you may have acted in a way that contributed to your injury does not necessarily prevent you from being compensated for you injury. In Texas, the party you are seeking damages from must be at least 51% responsible for the injuries. The extent to which you are at fault can affect to the total of your settlement.
Q: What if my injury negatively affects my spouse?
A: Disruption to your family can be considered in negotiating a settlement. Things like a spouse’s work lost to care for an injured loved one and the loss of intimate activity are relevant to show the severity of your injury. These kinds of family disruptions can be considered when negotiating a settlement. Your spouse may have claims of his or her own arising from the injury.
Q: What if I lose my job because I am injured an missing work or missing work to have my injury treated?
A: Document the fact that your injury has caused problems for you at work. You can recover wages lost for the period of time it takes you to find a new job. However, be prepared to defend the amount of time it took to find a new job and the necessity of any treatments that caused you to miss work and be fired.
Q: Can I be compensated if my age or physical condition contributed to my injuries?
A: Yes, you can recover even if your injuries would have been less severe if suffered by a healthier person. All people have rights when someone else has wrongfully injured them. But remember, if a prior injury has been re-aggrevated your compensation could be reduced by the amount of damage already present.
Q: How does property damage affect my claim?
A: Damage to property, for example a car, can illustrate the severity of an event. Evidence that a car was badly damaged in a wreck can support a claim that the driver was seriously hurt. However, a lack of damage, by itself, does not necessarily preclude recovery.
Q: What if the date my doctor said I should be fully recovered has passed and I am still having pain?
A: No two people and no two injuries are exactly the same. Bodies react to trauma differently. For this reason, the fact that your doctor says, “you should have recovered by now” is not an obstacle. The same is true if your doctor says, “you should have no lingering effects.” Doctors can be mistaken. The important thing is to be open and honest with your doctor keeping him or her well informed of your condition.
Q: Can I reach you?
A: Our contact information is located on the website home page. Feel free to contact us whenever necessary. However, please remember to be patient with us if you cannot speak to us right away. Not being able to contact us right away does not mean we do not care about you or your case. In fact, it is very likely the reason we aren’t able to speak with you immediately is that we are on another call or outside the office working hard on your case.
Q: What can I do?
A: Included on this website is a list of Do’s and Don’ts regarding personal injury cases. Let that list be your guide to the things you can do to help your case. Also, the right attorney can help you sort through the difficulties that can attend a jury.
