When should I hire an attorney?An injured party or relative or close friend of an injured party should contact an attorney as soon after an accident as possible if you believe that another party may be at fault for the accident. This is necessary in order to counsel the injured party as to his rights and how to acquire adequate compensation for his injuries and any other damages, and to preserve any evidence and to investigate the case. You should keep in mind that the Statute of Limitation in Texas varies for certain types of accidents. For instance, in Texas, an auto accident involving a third party is generally governed by the 2-year Statute of Limitation. This means a lawsuit must be on file and the offending party served with the lawsuit no later than two years from the date of your accident or the case must have been completely resolved by that date. There are certain exceptions to this general rule that may shorten or lengthen the period depending on the facts. If you miss that 2 year deadline, your right to compensation may be forever lost. In some cases and in some states, the Statute of Limitation or Statute of Repose may be shorter and in some cases it is longer. There are certain Statutes of Repose which may also affect some claims such as injuries caused by older products. When in doubt, contact an attorney of your choosing as soon as possible. To speak with the personal injury lawyers at the Baumgartner Law Firm call 281-587-1111 or fill out the contact form.
How much is my case worth?This is a very difficult question for a personal injury to answer without having all of the information available. Determining the worth of a personal injury claim depends upon a seriously you are injured, the specific facts of the case and the insurance limits that may be available. Every case has three elements that an experienced personal injury attorney analyzes to determine what they feel the true value of a claim may be.
Those areas are: 1. Liability 2. Damages 3. Insurance.
Determining the case’s value is something that is learned over many years of practice as an attorney handling personal injury claims. There is no golden formula to determine the value. Based on our many years experience with Texas personal injury cases, we may be able to estimate the range of the value of your case after we have reviewed all medical records and important evidence that may be admitted into the trial of the case.
Those areas are: 1. Liability 2. Damages 3. Insurance.
Determining the case’s value is something that is learned over many years of practice as an attorney handling personal injury claims. There is no golden formula to determine the value. Based on our many years experience with Texas personal injury cases, we may be able to estimate the range of the value of your case after we have reviewed all medical records and important evidence that may be admitted into the trial of the case.
Generally, some important factors include:
- Your doctor’s testimony regarding your injuries;
- The facts surrounding the accident- responsibility for the accident;
- Disability or inability to work;
- Whether or not punitive damages may be appropriate; and
- The type of case.
Other factors that may be relevant in determining the range of the value of a case include the amount of your medical expenses, the specific doctors who treated the victims and the claims history of the plaintiff.
To speak with a leading accident and injury attorney call 281-587-1111 for a no obligation consultation.
Can I handle the personal injury claim by myself?The answer is possibly, but why would you want to? In general, the more serious the accident the more likely it is that you will need an experienced personal injury attorney to assist you. For real serious injuries it is almost a necessity that an attorney help you in order to obtain the highest net amount possible. For other cases that involve very minor injury is possible that you may be able to handle the claim yourself.
There is a reason why the insurance company does not want you to hire an attorney and it is not because they’re looking out for your interests. Insurance companies do not want you to retain an attorney especially in very serious injury cases and cases with substantial liability insurance because they don’t want to pay would be fair justice in the case. Your first clue that you need a personal injury attorney is when you hear the words you don’t need an attorney for this or we accept responsibility.
There is a reason why the insurance company does not want you to hire an attorney and it is not because they’re looking out for your interests. Insurance companies do not want you to retain an attorney especially in very serious injury cases and cases with substantial liability insurance because they don’t want to pay would be fair justice in the case. Your first clue that you need a personal injury attorney is when you hear the words you don’t need an attorney for this or we accept responsibility.
Do I have a case?This is the first question that many people ask after being injured in an accident. Getting hurt is not enough to have a case. The personal injury case is much like a stool, it must have three strong legs to stand. In a personal injury context those legs are, liability, damages and ability to pay. All three are necessary for a satisfactory civil result from an accident.
If you have questions regarding a personal injury claim we invite you to take advantage of our free consultation by calling us at (281) 587-1111.
If you have questions regarding a personal injury claim we invite you to take advantage of our free consultation by calling us at (281) 587-1111.
How long will my case last?Every case is different and involves different issues. As such, some cases are resolved in very little time depending on the parties, the events surrounding the accident, and the adjustors and/or attorneys involved. An exact timeframe cannot be given although once you contact an attorney, he or she will be able to tell you the process and procedures involved in making a claim against another party and the approximate amount of time it would take to litigate such a claim based on the information you give to the attorney and his investigation of the case.
What kind of expenses are involved?The Baumgartner Firm operates on a contingency basis which means there is never an upfront fee. Once the case is evaluated and given merit by the firm, the client is asked to sign a retainer agreement, giving the attorney authority to pursue the matter against the at-fault parties on behalf of the client. In that document, the injured party agrees to pay the attorney a percentage of whatever recovery is made. In that document, the injured party also agrees to reimburse, from the settlement, any expenses the attorney may have incurred for things such as court filing fees, investigator, medical records, expert fees, reconstruction costs, etc. At no time is a client asked to pay these expenses up front. Also, if the case does not result in a settlement or verdict, no fee or reimbursement of expenses is require.
Call (281) 587-1111 to schedule a no obligation consultation on your case with an experienced Houston car accident lawyer.
Call (281) 587-1111 to schedule a no obligation consultation on your case with an experienced Houston car accident lawyer.
What are some tips for injury victims?Call an experienced attorney as soon as possible after an accident. Do not delay as the longer you wait the harder you make it on the attorney.
Cooperate and be completely honest with your attorney and his staff. All conversations are confidential and subject to the attorney-client privilege and cannot be divulged to any outside party.
Do not speak with insurance adjustors or anyone else who might contact you without your attorney’s permission. Follow your doctor’s instructions to help ensure a complete recovery and proper healing of your injuries.
Cooperate and be completely honest with your attorney and his staff. All conversations are confidential and subject to the attorney-client privilege and cannot be divulged to any outside party.
Do not speak with insurance adjustors or anyone else who might contact you without your attorney’s permission. Follow your doctor’s instructions to help ensure a complete recovery and proper healing of your injuries.
Do not sign any documents without reading and understanding them. When in doubt consult an attorney.
To speak with attorney Greg Baumgartner call (281) 587-1111.
Why is it important to hire an attorney early?The more serious the damages the more important it is to hire an attorney as early as possible after an accident. Very serious injury claims or wrongful death cases an early investigation can be very beneficial to documenting the facts of the accident. Additionally, retaining an attorney will also keep you from making the mistake of giving a written or recorded statement to an adverse insurance adjuster or making a mistake on how you handle your claim. The insurance adjuster that is contacting you has gone to lengthy training to learn how to handle a claim to pay the least amount possible for his or her employer – the insurance company. Unless you are an attorney or experienced in claims handling processes, you are at a big disadvantage to an insurance adjuster.
What do I need to do to get a lawsuit started?You should contact the Baumgartner Law Firm as soon after an accident as possible to determine whether the case can be settled for full compensation prior to filing a lawsuit. If this is not possible, on cases we accept, the attorney will file the lawsuit on your behalf.
Can I get a lawsuit started for an injured family member?Absolutely! If the injured party is a severely injured relative or a minor child or the child or close relative or someone severely injured or killed in an accident, the law allows certain relatives or guardians to proceed and litigate a matter on behalf of such an incapacitated person.
What are the signs of brain damage or traumatic brain injury?Signs of brain injury are sometime difficult to recognize. Generally, some signs of mild brain injury or a concussion can be memory loss, loss of consciousness at the scene, dizziness, or headache. Inform your doctor whenever you have any symptoms you think may be related to a head injury. Communication with your medical providers is an important first step to getting your life back on track after an accident.
How is a claim valued?All claims are different. However, the issues and injuries in some claims may be similar to prior cases and such a claim may be compared to previous claims that involve the same issues and same type of injuries and losses. Experienced personal injury attorneys learn the value range of cases by experience. See “How much is my case worth?” above for a more detailed answer. Call the Baumgartner Law Firm at 281-587-1111 to discuss your case.
Why should I hire an attorney?To protect your rights and the rights of your family. Making a wrongful death or personal injury claim is complicated and requires knowledge of the law by an experienced personal injury attorney. The more serious your case, the more important your choice of attorney.
Should I try to settle a case myself?Some cases can be handled without an attorney, those cases usually involve minor injury and complete and speedily recovery. With serious injuries the insurance company may say things early on like “we accept responsibility” and lead you to feel like they will be fair, but once the subject of money comes up, people quickly realize they need an attorney. Unfortunately, sometimes a long delay in getting an attorney on your side can do damage to your case. Learn more about different personal injury practice areas that we cover here.
Can I afford a good attorney?Yes. As stated above, the Baumgartner Law Firm will handle your case based on a contingency fee arrangement which means the Baumgartner firm will pay all expenses in prosecuting your case and will be reimbursed out of any settlement or verdict collected. At that time, you will also pay out of the settlement a legal fee which will be an agreed-upon percentage when you first retain the law firm to handle your case. Contact us today at (281) 587-1111 to discuss your case.
Do I have a case if I was partly to blame?You may very well have a case even if the accident was caused in part, by your actions. Please feel free to contact our law firm to evaluate the circumstances involved and make that determination.
What is the Statute of Limitations in Texas for personal injury?Texas has a general statute of limitation for personal injury claims that can bar a claim not timely brought. The general statute of limitations is two years from the date of the accident.
There are other issues that personal injury claimants should be aware of such as short notice provisions that must be met for certain governmental entities, and the Statute of Repose that it also may affect cases involving dangerous drugs or dangerous products.
Personal injury victims should not delay in contacting an attorney to help them and should never wait until the last-minute to contact an attorney. Many law firms will not accept a case that is close to the statute of limitations.
If you have questions about the statute of limitations or another personal injury question- call us at 281-587-1111.
What is the difference between personal injury damages and punitive damages?Almost everyone has heard about “punitive damages”, they are also called “exemplary damages” and are sparingly available in some personal injury litigation in Texas.
In Texas, personal injury damages, also known as “actual damages”, can include the following items:
In Texas, personal injury damages, also known as “actual damages”, can include the following items:
- Medical expenses that were paid or incurred as a result of the accident.
- Disfigurement.
- Disability.
- Physical pain and mental anguish.
- Lost income
And in a typical personal injury trial, such as an automobile accident, the judge or the jury is usually asked to come up with a number for each of the areas of damages sustained that would reasonably compensate the innocent personal injury victim.
Recent changes to Texas law such as “tort reform” have had a dramatic effect on the justice available to many personal injury victims. And in fact, it is possible for a drunk driver to receive the benefit of a personal injury victim’s personal health insurance without having to compensate the person they hurt for the insurance premiums that the victim has paid.
That aside, putative damages or exemplary damages are similar to as punishment damages, designed to curtail similar conduct to protect our community.
Punitive damages are not available in every case and require a situation where the defendant has knowingly acted with an extreme disregard for the health and safety of the community when injuring the victim.
Examples would be a situation where a driver knew he or she was intoxicated and chose to drive home knowing drunken driving could lead to serious injury or death. There are other examples where companies ignore safety warnings and other actions or inactions where a person or company acted with malice.
Punitive damages are covered by statute in the state of Texas and the statute can be found at Civil Practice & Remedies Code Section 41.
If you have questions regarding exemplary or punitive damages and would like to speak to an experienced punitive damage attorney call the Baumgartner Law Firm for no obligation consultation – 281-587-1111.
I was hit by a person without insurance coverage, what can I do?Generally if you’re in an accident with someone who did not have insurance the first thing you do is look for insurance coverage to help you pay your medical bills and also your damages. If you have coverage under your own automobile policy for underinsured or uninsured motorist you may be able to look to that policy for help.
Often people are covered by insurance policies of which they are not aware. If you’re a passenger in someone else’s car you may be covered under their automobile policy for underinsured motorist coverage or personal injury protection. Find out more on our car accident injury page.
Often people are covered by insurance policies of which they are not aware. If you’re a passenger in someone else’s car you may be covered under their automobile policy for underinsured motorist coverage or personal injury protection. Find out more on our car accident injury page.