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How Does Personal Injury Work?

If you or a loved one was injured in an accident caused by another party’s negligence, a personal injury case could allow you to collect compensation from them. Personal injury works by allowing you to hold an at-fault party financially liable for the economic and noneconomic damages you incurred due to your injuries.

When you sustain injuries and file a compensation claim, to get financial recovery, you must:

  • Prove the at-fault party was negligent
  • Demonstrate how the at-fault party’s negligence caused your injuries
  • Establish the financial impact of your losses
  • Negotiate a financial settlement or go to trial

The American Bar Association (ABA) notes that most personal injury cases are resolved without having to go to court. If you work with a lawyer, they can explain in further detail how the settlement process works and what to expect.

Recoverable Damages in a Personal Injury Case

If you or someone you love was injured because of someone else’s negligence, you might be eligible for financial recovery.

Some recoverable damages in your case could include:

  • Current and future medical expenses
  • Current and future income loss
  • Pain and suffering and inconvenience
  • Mental and emotional distress
  • Disfigurement
  • Disability

One of the services that a lawyer can provide is estimating the cost of your personal injury-related expenses. By providing you with a monetary figure, you can gain a better understanding of what constitutes a fair settlement offer.

Incidents That Can Lead to a Personal Injury Case

Many people think personal injury cases solely refer to car accidents.

While many car accident victims are eligible to file personal injury claims, other types of incidents caused by negligence include:

  • Mass torts
  • Catastrophic injury
  • Slip and fall accidents
  • Construction accidents
  • Dog bites
  • Oilfield accidents
  • Pedestrian accidents
  • Wrongful death
  • Brain injuries

If you or a loved one suffered losses in one of the above scenarios, you have options for financial recovery. Through an insurance claim or lawsuit, you could have the opportunity to recover the cost of various expenses.

Negotiating for a Fair Insurance Settlement

As we mentioned earlier, when you or someone you love files a personal injury claim, your case is likely to be resolved with an insurance settlement. A settlement not only grants you coverage for your injury-related expenses, but it also means that you do not have to go to court. Keep in mind that if you accept an offer from the insurance company, your case is over, and you will be unable to pursue additional damages, even if you incur future losses.

That makes valuing your case important. When your lawyer assigns a value to your damages, you will enter into the negotiation process understanding what monetary figure leaves you with no out-of-pocket expenses. While a lawyer can offer advice regarding what constitutes a fair settlement offer, the decision to accept or reject a proposal is always up to you.

You Only Have a Limited Time to File a Lawsuit

Every state has a deadline for bringing personal injury cases to court. The time you have to act usually starts from the day you or a loved one was injured. Texas Civil Practice and Remedies Code §16.003 grants claimants two years to bring their case before a judge.

Failing to file your lawsuit within the two-year statute could result in the inability to pursue compensation at all. Yet, depending on the details of your situation, you could be granted additional time to act. After a lawyer reviews your case, they can advise you on how Texas’s statute of limitations applies to you.

Call Loncar Lyon Jenkins to Learn How Personal Injury Works

If you or a loved one was injured because of another party’s negligence, you could have the basis of a personal injury insurance claim or lawsuit.

When you work with Loncar Lyon Jenkins our team can:

  • Handle all the involved paperwork
  • Communicate with the insurer and at-fault party on your behalf
  • Assess the cost of your economic and noneconomic damages
  • Gather evidence to assign fault and liability
  • Consult with field experts to learn more about your case
  • Negotiate with the insurance company on your behalf
  • File a lawsuit, if necessary

Additionally, you do not need to pay anything upfront to get our help because we offer services on a contingency fee basis. We get paid a percentage of the insurance settlement or court award we recover on your behalf. If we cannot successfully represent your interests, then you do not owe us our attorney’s fees.

Learn more about how personal injury works by calling Loncar Lyon Jenkins today at +1 214 747 0422.

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Author

Ted Lyon

Born in Terrell, Texas, Attorney Ted Lyon, a partner of Loncar Lyon Jenkins, attended East texas State University, now Texas A&M at Commerce, where he obtained his undergraduate degree in political science. Working as a police officer, Attorney Lyon paid his way through undergraduate school, followed by attendance at the Southern Methodist University School of Law. Learn More

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