How Much Is My Personal Injury Case Worth?

Personal injuries can occur because of many different events. These injuries have long-term, life-altering effects and, in some cases, may be life-threatening. Often, victims of such accidents will require lifelong medical care, which leads to high medical bills and can affect the victim’s quality of life. Before filing a personal injury lawsuit, you may want to know how much your case is worth. This will help you plan and ensure all bills are settled. However, each case is unique; your lawyer will consider several aspects when calculating the claim’s value.

How Much Is MY Personal Injury Case Worth?

There are different types of personal injuries. Considering their permanent nature, these injuries can be costly to treat. In addition, you may also suffer other types of losses. In the end, no two personal injury cases are alike. Therefore, the amount of compensation you get will depend on the circumstances of your case.

Who Is Liable for Personal Injuries?

When you suffer catastrophic injuries, not only do you want to seek compensation for those injuries, but you also want to make sure that you hold all liable parties accountable for their actions. To determine who bears liability for your injuries, your lawyers will need to discover who owned you a duty of care and how that duty of care was violated in a way that led to your injuries.

Texas Court Affirms Binding Verbal Settlement via Phone Statement

January 13, 2017 by Greg Baumgartner

Verbal settlement with adjuster binding in Texas

People who try to handle their own injury claims often fail. This is illustrated in the case of Windell Gilbert vs. Cherish Fitz. A verbal settlement with the adjuster could have changed the outcome. The case was heard in the Court of Appeals in the Fifth District of Texas at Dallas. The case number is 05-16-00218-CV.

In the Gilbert case, a person who was hurt in a car accident tried to talk to the insurance adjuster on their own. They talked on the phone and agreed to take $500 and payment for their medical bills from the day of the accident.

The injured person’s car was hit from behind by another driver, and he was taken to the hospital in an ambulance. At the hospital, he was treated for a neck injury, a fractured wrist, and a fractured rib.

A week later, the insurance adjuster for the driver who hit the plaintiff called. They wanted to discuss the accident and the injuries. The plaintiff agreed to give a recorded statement over the phone. In the statement, the plaintiff and the adjuster agreed to settle the case. They decided on reasonable medical expenses on the day of the crash. Additionally, they agreed to $500.

In Texas, Verbal Agreements with the Adjuster May be Binding

The adjuster carefully documented the oral agreement in the telephone statement.

The insurance company promptly sent a letter to the victim with a check for $500, which contained release language on the check. The victim never cashed the check upon advice from an attorney he hired to help him with the case.

A lawyer for the victim sued for fair compensation, and the victim’s insurance company countersued for breaking a deal to settle. Ultimately, the insurance company won the case by summary judgment. It was awarded $10,000 attorneys’ fees on top of the verdict.

Lessons to Learn in Handling Your Injury Claim in Texas

There are some easy lessons for someone handling their personal injury case from this fact situation:

Do not consider a settlement soon after an accident if you are unsure of your injuries or your need for future medical expenses.
Don’t give a recorded statement to an adverse insurance adjuster unless you are prepared to accept the consequences of doing so.
If you agree to an oral settlement agreement with the adjuster, you may be held to that agreement regardless of how it may impact you.
Agreeing to let the adverse insurance company pay your “reasonable medical expenses” can be a nightmare. You are letting them determine what is reasonable and do not know what amounts they will pay.
Hire an experienced personal injury attorney in Houston.

If you agree to a deal in Texas, you may be stuck with it!

In summary, this case shows that if someone hurt in an accident agrees to a settlement by phone, they may have to keep it. This is true even if the agreement is not good or fair.

A common mistake personal injury victims make is talking to an insurance adjuster too soon after an accident. This often involves giving a recorded statement. They often do this before understanding the full extent of their injuries.

Some people might want to work together with the insurance company. In that case, it’s best to give a statement to the adjuster without recording it. We advise you not to make any statements without first talking to a qualified attorney. There are many tactics adjusters can use against inexperienced claimants.

No law requires giving recorded statements to the other person’s insurance company pre-litigation. This case shows how insurance companies can exploit people who try to handle their cases without a lawyer.

Here are 5 things to know about car accident settlements in Houston.

Want to Speak With a Top-Rated Injury Lawyer?

Call the Baumgartner Law Firm at 281-587-1111 for a no-obligation consultation on a Texas personal injury claim.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

(281) 587-1111

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Post under: Insurance Claims

Greg Baumgartner, Founder of Baumgartner Law Firm

Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.

6711 Cypress Creek Pkwy, Houston, TX, 77069 Call: (281) 587-1111