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Because so many of our prospective clients have common questions about their Houston injury case, we have compiled the following Frequently Asked Questions section. However, because each case is unique, please utilize this information only as a general overview of Houston injury cases, and fill out the form above or call us at (832)-767-1673 to discuss your specific case today.
The first step in an injury case is for the injured party to consult a lawyer who will give the injured party advice. Once the lawyer has agreed to take the case, the lawyer will file an injury claim against the at-fault party. The claim must be filed within a certain amount of time after the injury, which is known as the statute of limitations. A copy of the claim must also be sent to the party being sued to give them timely notice of the suit. Once the suit has been filed, and the party being sued has been given notice, the discovery process begins. Discovery involves both sides giving relevant documents such as records and written questions to the other party. Depending on the complexity of the case, discovery can last anywhere from a few months, to several years if the case is not settled during the discovery period. After the discovery process has begun, both sides will weigh the evidence of both sides and determine whether or not it is in their best interest to propose a settlement offer to the other side. Trials are sometimes expensive so settlement offers usually become more realistic once the trial date gets closer. If there is no agreement by the end of the discovery period, then the trial phase of the case will begin. Once the trial begins, the case is heard by either a judge or jury, and evidence is present by either documents or witness testimony. Once both parties have presented their cases, the court will give its decision on the case.
The first thing you should do after being injured is to go seek medical attention and if the accident was work related, then let your employer know of the injury. If the injury was work related you should attempt to see an employer authorized medical doctor to insure that the employer will be responsible for the bills. If the injury was not work related then you can see the doctor of your choice. After you have sought medical attention you should contact a lawyer to discuss your options. If the injury was suffered while on the job, you and your attorney will most likely file an insurance claim with your Workers Compensation insurance carrier. The Workers Compensation insurance carrier is the party that usually requires you to see an authorized plan doctor in order to receive the workers compensation benefits. If you have to miss work due to the injury you can file for Temporary Disability payments from the insurance carrier. If you are denied the temporary disability payments by the insurance company, you can then file for State Temporary Disability Benefits. The amount of disability payments is usually around 70% of your weekly earnings which is capped at a certain amount in each state. One thing to keep in mind is that if you file for workers compensation, you are not eligible for unemployment because you are not seeking work, but you are entitled to the State Temporary Disability Benefits. Keep in mind that that you generally have up to two years from either the date of the accident or the date in which the last temporary disability payments were paid to file your claim.
In injury claim cases, determining who is liable is sometimes a very difficult task that may take an in-depth investigation to come to a conclusion. In most cases, an attorney will be able to determine which party is liable simply by hearing his clients side of the story. Most of the time the case is simple enough where the attorney will be able to determine which party is liable and which party or parties should have suit filed against them. In some instances such as injury claims where the at fault party was working for someone else, that individual’s employer is liable if the at fault party was doing something within the scope of their job duties when the accident occurred. In injury claim cases, the plaintiff which is usually the injured party must prove that the defendant owed some type of duty care to the plaintiff and that this duty was somehow breached. Next, the plaintiff must prove that the injury was a result of the act or omission on the part of the defendant that actually caused the injury. The fourth requirement in proving an injury claim is that the injury must be proven by the plaintiff. This is usually accomplished by either medical testimony or documentation of the injury. In most cases if it is proven that the defendant is liable and that the defendant is more liable than the plaintiff for the injuries, then the injured party will more than likely prevail. Keep in mind that an experienced attorney will be able to give you a good idea of how your case will turn out once he has had a chance to review the evidence.
In most cases, the injured party is the plaintiff, and the party at fault is usually the defendant. When the plaintiff first meets with their attorney to discuss their case, they will discuss whether the attorney will be paid at an hourly rate, or as a contingency fee. The hourly rate is determined by the number of hours the attorney spends on the client’s case. In most injury cases, the attorney will work on a contingency fee basis which is where the attorney will take a percentage of the award given to the plaintiff. One of reasons the contingency fee arrangement is so prevalent is due to the fact that the attorney is not paid anything up front and they only get paid if they win the case. This payment structure allows people that are not able to pay their attorney up front, to be able to bring their claim by using an attorney. The downside to the contingency fee payment method is that you win, the attorney is entitled to the percentage of the award that was agreed on to be the contingency fee. However, you must keep in mind that the attorney is taking all the risk in doing all the work and if they lose they don’t get paid a penny. This is even more significant with complex cases in which the attorney might devote all of their time for several months and not have any income over this time period. So when discussing your case with your attorney be sure and discuss the payment method that you desire to use and be sure that you fully understand whatever you agree on.
In cases where a party has been injured, there usually comes a point sometime before trial where the injured party must make a decision as to whether or not they want to take a settlement offer from the other side, or proceed to trial. This decision is usually very tough because there are lots of factors that must be weighed in deciding which approach will best fit the needs of the client. The client’s attorney will be able to provide advice on the matter such as the attorney’s opinion on what to do, as well as his past experiences in similar situations. Ultimately the decision has to be made by the client but it is best if the client makes the most informed decision possible. There are several factors in favor of going to trial such as the possibility of a higher award amount, the chance to make your claims public, the chance to get an apology, and the right to an appeal if you get an adverse decision. As far as the benefits to settling a claim, settling the claim allows the injured party to receive compensation much quicker than if the case proceeded to trial which can take up to several months just to begin the trial. Another advantage of settling the claim that settlement is a lot cheaper as far as attorney’s fees go than proceeding to trial which includes high court costs and lots of preparation by the attorney. In the end the client and the attorney must weigh their options and determine the best avenue available to reach the clients goals.