If you or a loved one have recently been injured, let us first say that our heart goes out to you. After over 35 years of combined practice, we have come to understand just how much an accident can affect life as you know it. Beyond the financial consequences you may face, such as hospital bills and wages lost from work, you may also suffer from heavy emotional distress. Accidents are stressful, and they can leave you feeling a myriad of emotions about everything that has happened. Below, we will explain the basic components of a personal injury case in order to help you move forward in a more objective direction.
Should You Take Legal Action Even If What Happened Was an Accident?
One common dilemma many potential clients express to us is the confusion regarding whether or not to seek legal representation. Even when they believe they have a strong case for a lawsuit to be filed, potential clients sometimes feel guilty about hiring an attorney if they believe that the event or injury was “just an accident.” However, it is important to note that Texas law generally does not require the at-fault party to have intended to cause the event or injury in order for the injured party to obtain a recovery, but merely to prove that the at-fault party was negligent (i.e., failed to exercise ordinary care at the time of the event or injury). Additionally, pursuing legal action against the at-fault party typically results in the at-fault party’s insurance carrier providing a defense and/or settling the personal injury claim on behalf of the at-fault party. It is also important to note that many insurance policies are specifically designed to provide coverage for accidental occurrences such as automobile collisions, slip and falls, and other injuries.
Another common dilemma some potential clients express to us is whether they should pursue a personal injury claim when they already have sufficient health insurance to cover the cost of any resulting medical expenses and/or they have not missed any time from work due to their injury. However, Texas law typically allows for the recovery of not only medical expenses and lost wages, but also non-economic damages such as past and future physical pain, mental anguish, physical impairment, and/or disfigurement.