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Common Questions After An Accident Or Injury

Q: What if I am hit by someone who doesn’t have insurance?
A: Even though Texas requires its residents to purchase liability insurance to protect the public from the risk of injury in an accident, not everyone complies with the law.  If you are involved in an accident with an uninsured driver, unfortunately, you do not have many options.  Hopefully, you purchased Personal Injury Protection (PIP) benefits and Uninsured Motorist (UIM) Coverage from your own insurance company prior to the accident.  If you don’t know what PIP and UIM coverage is, you are not alone.  Many of my clients didn’t know what it was when we met for the first time.  PIP and UIM insurance provides ways to recover benefits to offset medical expenses when you are injured by a driver that does not have insurance.  If you have PIP and UIM insurance, and were hit by an uninsured motorist, give our office a call so we can discuss how to pursue a claim for benefits.

If you don’t have PIP and UIM insurance, you should call your insurance company to inquire about coverage for future accidents.  Yes, you have to pay a separate premium to your insurance carrier for this coverage, but the added protection is worth it, especially if you end up seriously hurt by an uninsured driver

Q: I don’t know if my injuries are serious. Should I wait to see if my pain goes away after an accident?
No, and waiting to get treatment only hurts your chances of recovering for your injuries.  If you are involved in an accident and suffer an injury, you should seek treatment as soon as possible.  Insurance companies take the position that the longer you wait to get treatment, the more insignificant your injury.  I never want to give the insurance company any reason to deny or reduce payment, so if you are injured, seek immediate medical attention.

Q: How long will it take to resolve my claim?
This is a question that almost all of my clients ask and the answer varies significantly from claim to claim.  Once you hire me as your attorney, we first make sure that you are getting the medical attention you require for the injuries that you have sustained.  This can take as little as a few months for minor injuries and as long as multiple years for major injuries.  Once you are feeling back to the way you felt before the accident or we at least have a clear understanding of the future care that will be required for you, we will make a demand against the responsible party.  The demand is a document (with supporting attachments) that describes the incident that gave rise to your injuries, our theories of liability against the responsible party, a calculation of your recoverable damages, and a demand for settlement.

Once the responsible party receives our demand, a few things could happen.  They could:

  1. Offer you an amount you are happy with and we can settle your claim;
  2. Offer an amount of money that is not enough to settle your claim;
  3. Ignore the demand; or
  4. Ask for additional information.

At this point, we would discuss the best course of action for your claim and there is no way to predict how each claim will go without knowing the specific facts.  Ultimately, we may have to file a lawsuit to recover the full value of your claim.  Once again, it is impossible to predict how quickly litigation can go, but you should expect you case to resolve no earlier than 6-9 months after filing a lawsuit.  But this really depends on the defense attorney and their defense of the case in addition to other factors that typically arise.

More Questions? Get Straightforward Answers.

As an attorney, I consider it my duty to give clients the information they need to make the best choices for themselves, their cases and their loved ones. The answers on this page provide general information, but there is no substitute for a free consultation about your specific case. To arrange an appointment, please call 210-761-5681 or send me an email.