Do I Have a Personal Injury Case?
If you or a loved one are suffering physical injuries due to the reckless and/or negligent conduct of another individual, group of individuals, or business enterprise, you have suffered a personal injury. Anyone who is wrongfully injured can recover compensation through a personal injury cause of action.
How Much Time do I Have?
In most personal injury cases, you have a two-year window
from the date of the injury (IE; date of incident) to file a lawsuit for damages. For special cases of malicious prosecution, libel, slander, or breach of promise of marriage, there is a one-year time
limit to bring suit from the date the cause of action accrues.
A four-year statute of limitations is applicable for (a) specific performance contracts for the conveyance of real property, (b) penalties/damages on the penal clause of a bond to convey real property, (c) debt, (d) fraud, or (e) breach of fiduciary duty. The same applies for lawsuits on bonds for executors, administrators, and guardians: a claim must be filed no later than four years after the death, resignation, removal, or discharge of said executor, administrator, or guardian.
There are “special circumstance” Statute of Limitations periods of either five years or 15 years for claims arising out of Penal Code violations.
Who is Responsible for my Injuries?
The most important step in any personal injury case is to establish liability
. Setterberg Law Office
will investigate your case and gather the necessary evidence to validate your innocence while simultaneously prove the other party was liable for your injuries. Police reports, witness statements, photographs, medical reports and records are just part of the evidence we will gather to show liability by the at-fault third party, ultimately securing the compensation you deserve.
What Can I Expect from the Insurance Companies?
The barebones minimum. Keep this critical fact in mind: the at-fault third party’s insurance company is under no obligation to pay anything. In Texas, the claim is against the at-fault insurance policy holder
, not his/her insurance company. The insurance company’s primary goal is to defend their insured and ultimately indemnify the at-fault policy holder for all liability, up to or until a lawsuit is filed and a final judgment is obtained. The insurance company’s basic position is you will take what they offer, and if you don’t like it, go after the insured.
Insurance companies spend billions of dollars annually on friendly, neighborly advertising to entice you to enlist them for auto, home, and business coverage. This overshadows the reality that when it comes time to pony up for a policy holders egregious, reckless actions, they will delay or completely deny part or all of the claim. What’s worse, insurance companies have been known to deny a claim in its entirety based on their own insured’s refusal to cooperate with the defense. So even if the at-fault policy holder provides a statement and cooperates with his/her insurance company, they can still delay or deny payment of YOUR claim.
Bottom Line: The at-fault third party’s insurance company has no obligation to treat you fairly, promptly, or with dignity. So when treatment expenses, vehicle repair costs, subrogation claims, and medical rehabilitation bills begin to pile up, don’t expect any insurance company to step up and satisfy their fiscal obligation to you. They will fight tooth and nail to obstruct and thwart your claim; we will bring the battle to their doorstep as we tenaciously and vigorously fight for your right to fair and just compensation.
How Much is my Claim Worth?
Each case is unique based on the facts, circumstances, and surroundings of how your injury occurred. The extent of your injuries, up to and including medical treatment and the rehabilitation process involved on your road to recovery, are all important factors when calculating the total “worth” of your case. Emotional trauma, physical pain and suffering, lost wages, and impairment of activities of daily life (ADL’s) are factors that could be considered as well.
How Long Before my Case is Concluded?
A number of factors are continuously in play: the extent of your injuries, proper evaluation of said injuries, and the length of time necessary for proper treatment and recovery; the gathering of evidence and data in support of your claim; initial settlement discussions; and ultimately, pursuing the lawsuit. Once the lawsuit is filed, legal proceedings may take an extended period of time. In other words, the variables associated with YOUR specific set of circumstances will ultimately help determine the timeline.
Call Setterberg Law Office for further clarification or with any additional concerns or questions you may have.