Who is eligible to file a personal injury claim?
Anyone that has been hurt due to the negligence of others can file a
personal injury claim
. Even if you are partially at fault, or somehow contributed to factors
that lead to your injury, you may still be eligible to compensation due
What is comparative negligence?
Comparative negligence means that when an accident occurs due to negligence,
the courts will assign a percentage of fault to all of the parties involved.
As long as you found to be 51% or under at fault, then you may be eligible
for some form of restitution for damages resulting from the accident.
This 51% cut-off rule is known as modified comparative negligence.
How do I know if other parties were negligent?
Sometimes negligence in an accident is obvious and easy to determine. Other
times, there may be hidden factors or disputed elements of the incident
that can make the assertion of negligence difficult. A dedicated El Paso
personal injury attorney at our firm can help you investigate these matters,
collect evidence, and-if necessary-prove them in civil court on your behalf.
What costs can my personal injury claim cover?
A personal injury suit can address a number of different costs and burdens
that have been placed on a victim. Depending on the case, your legal counsel
should personalize your injury suit to meet your needs.
These covered costs can include:
- Medical bill costs
- Pain & suffering
- Lost wages
- Rehabilitation costs
- Legal fees
- Funeral costs (in the case of wrongful death)
- Loss of companionship (in the case of wrongful death)
Won't my insurance cover me?
In some cases, yes-your insurance coverage and the coverage of the negligent
party may cover all costs caused by the accident. However, this money
subtracts from insurance companies' bottom line and they can take action
to minimize the perception of your injury and limit the restitution they
provide. Additionally, there may be limits to liability coverage and filing
suit against the negligent party directly may be the only option to pursuing
the proper compensation.
What if I can't afford an attorney to pursue my claim?
It is understandable that, following an injury, the victim and their loved
ones are reeling from the shock, the medical costs, and other burdens
they must now deal with due to the accident. That is why Guerra &
Farah, PLLC is proud to offer contingency fees to all our personal injury
clients. Contingency fees mean that you do not pay us unless we recover
money on your behalf.
An insurance adjuster has contacted me. Should I speak to them?
When an adjuster contacts an accident victim that is seeking compensation
for their injuries, they are trying to determine if the claim is accurate
and, if possible, discredit any claims of negligence. If you have been
contacted by an insurance company wanting you to consent to a taped statement,
seek the counsel of a personal injury attorney first to determine what
your next steps should be.
How much is my claim worth?
Every personal injury case is different and the amount of prospective proceeds
can vary. While some factors, like lost wages and medical bills, are easy
to determine, other factors like pain and suffering need to be approximated,
which can more difficult to assert. At Guerra & Farah, PLLC, we are
well-versed in making the gravity of our clients' injuries plain, both
in and out of the courtroom.
When should I plan to speak with an attorney?
While filing your suit immediately may not be prudent, talking to a personal
injury attorney as soon as possible is. Personal injury accidents should
be investigated shortly after they occur and the more time your counsel
has to develop and establish the case on your behalf, the better.
Is there a statute of limitations on person injury suits?
Yes, there is. All civil actions in Texas have very strict statute of limitations.
All personal injury, product liability, and medical malpractice suits
need to be filed within two years of the injury or harm occurring.
Why should we wait to file suit?
When structuring and filing a personal injury suit, it is important that
the entire scope of the injury is addressed. Sometimes this can mean waiting
to see how a patient recovers and when his or her maximum medical improvement
(MMI) occurs. Maximum medical improvement means that the victim has improved
the maximum amount from their injuries. This can still mean that they
may require ongoing treatment, but that the financial future of these
patients is reasonably foreseeable. Filing before MMI can be determined
may mean that the suit will not address additional medical needs that
were not initially anticipated.
What if I do not have the coverage or means to see a doctor?
Your personal injury attorney should have the resources to get you seen
and evaluated if a personal injury accident is occurred. At Guerra &
Farah, PLLC, we always make sure that our clients are reviewed by trusted
medical professionals who can offer reliable and fair insight into the
severity and scope of their injuries.