Most people won’t ever need to know how an accident lawsuit works. But if you’re reading this, it’s likely you want to know more about the stages of a personal injury case.
The infographic and descriptions below provide a quick overview. These are the factors and steps involved in a personal injury case in Texas.
Better Business Bureau (BBB) bases its ratings on information provided by the business, and on public data sources. McMinn Law Firm's A+ rating is the highest available.
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In the years 2013-2014 and 2016-2019, Justin McMinn has been selected each year as a Rising Star by Super Lawyers, a Thomson Reuters service. Jason McMinn has been selected as a Super Lawyer in 2020.
Expertise.com, a company that evaluates and recommends local service professionals, placed McMinn Law Firm on their list of 20 recommended car accident attorneys in Austin.
Jason, Justin, and their entire support team represented me in an accident involving an 18 wheeler. I couldn’t have asked for a better outcome, and maybe as importantly, the service along the way was something you would want as a client, their entire team was amazing! I can with great confidence recommend them to friends, family, and to anyone who happens to read this. Thank you McMinn Law Firm for a job well done!
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The McMinns were amazing. Within two days of my accident – and still barely able to move – I received a visit to my house for personal consultation (on a Saturday). All the initial feedback about my potential case turned out to be 100% accurate, and when it finally came time to settle they didn’t back off an inch. …If you’re hurt, make the call.
I was rear ended by a large truck. Am thankful for Justin and Jason and their team and all the hard work they put into resolving my case! I highly recommend that you contact them if you’re injured in a wreck!
Let us – at no cost to you – evaluate your situation so you can be sure. We don’t get paid unless you do. Call or reach out today to speak to an attorney with no obligations.As the losses from your accident become more apparent, dollars and cents inevitably enter the picture. Learn how to arrive at a number that fairly represents your costs.
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In Texas, as in every state, adding up the costs associated with your accident or injury can help ensure you receive a fair settlement.
Life in the months following a catastrophic accident can be shockingly different. Though it may be difficult at this time, the sooner you start keeping track of expenses and other indicators of value the better.
As you begin thinking about pursuing a personal injury claim in Texas, it’s important to figure out the math. As scary as it might be to confront it, you have to arrive at a number: how much is your injury worth?
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Several major factors show up in nearly all cases where you have to establish personal injury settlement value. Medical bills are the easiest to quantify, but you also need to take into account future care costs. The worth of any property damaged or destroyed in the accident also counts. The wages you’ve lost due to missed work time matter, as do projected future losses. Other types of economic damage count too.
We encourage people to use our infographics, with proper attribution. Just copy and paste the code below to use this infographic on your site. If you need help, let us know!
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Pain and suffering is typically treated as a multiplier when calculating damages that are awarded. You take all the other types of damages, known as special damage, and multiply them by the value of pain and suffering. You can use this simple calculator to do the math.
Herein lies the rub for anyone who wishes to pursue a settlement – in Texas or anywhere else in the U.S. If you’re dealing with an insurance company, the multiplier is their best chance to keep the settlement cost low.
It’s your job, with the help of an attorney, to prove that your injury claim is worthy of a higher multiplier. There’s no simple answer to the problem, and that’s why it’s often considered wise to retain counsel.
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You always have the right to sue. The reality, however, is that around 95-percent of personal injury cases are settled without going to court. The threat of taking the matter before a jury is critical to forcing the insurance company to negotiate. The simple fact is that your lawyer and the company are going to hash things out through a process.
From the responsible party’s viewpoint (or their insurance company’s), the idea behind negotiating a settlement is to avoid the risk of being assessed punitive damages.
This may make it sound better to go trial, but bear in mind claimants can be sanctioned for frivolously pursuing punitive damages too. In almost all instances, legal professionals will tell you that going to court for punitive damages should be seen as a last resort.
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Partial responsibility can reduce the value of a claim, as no party is responsible for more than what was their fault in Texas. There are many situations where it may be beneficial for a Plaintiff to settle out of court, or go ahead and seek a trial. For example, when a Defendant seeks a counter action against the Plaintiff. It may be, or may not be beneficial for the Plaintiff to seek settlement.
During personal injury cases, juries are often asked to deliver a finding of what percentage of responsibility each party has for the accident. If the responsible party is found to only be 70-percent liable, then 30-percent is shaved off the judgment award for the victim.
An insurance company may throw this type of issue at you to discourage you from pursuing your claim more aggressively. This is one more reason why it’s critical to have counsel during the negotiation process. A lawyer can cast some light on dubious attempts to deflect responsibility. This allows you to keep the claims process focused on what matters to you.
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This means filing away all of your medical bills arising from the accident and keeping a running tally. It also means that you need to know the value of any property you lost in the accident. You also want to have clear proof of how much money you would have earned had you been able to go to work healthy.
Due to the way pain and suffering factor into the general damages multiplier, you also need to document your suffering. This entails working with your doctors to fully document what’s going on. If you’re having trouble concentrating on tasks, that needs to be documented with the assistance of a neurologist.
Tip: Showing concretely how you have suffered - and what you are losing from your future - is key to demonstrating damages. It may be difficult, but you will be thankful later if you write down every little thing for your lawyer now.
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For example, if you and your partner are no longer able to have sex, you’re entitled to damages for that loss. This would be an example of what is called loss of consortium.
If you're experiencing reduced cognition, there needs to be a statement from a doctor explaining what it is and how badly it affects you.
The inability to do the things you love counts, but you have to be able to document and demonstrate these as facts. The more details you can give your attorney, the better.
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Filing your claim is always the first step. Every state is different, but you usually only have a few years from the time of your injuries to file.
In the state of Texas, citizens have to file injury claims within two years of the date of the accident in question. Exceptions for silica-related and asbestos-related claims apply under §16.0031. There are other exceptions under §16.0045 that apply to injuries arising from certain offenses.
The process of arriving at a personal injury settlement value is complex. You and the personal injury lawyer representing you can sort through the details of the accident. The insurance company is looking out for its interests and the interests of its client. You want to have someone present who’s doing the same for you.
How To Protect Your Personal Injury Settlement From Your Divorce
Tell your story - What would you want others to know? Tell us what happened in your accident, and how life has changed for you.One of the most complicated and contentious aspects of getting a divorce is deciding who gets what. The presumption under Texas law is that spouses are entitled to a “just and right” division of their assets. However, figuring out what exactly is “yours, mine and ours” gets tricky. Deciding what constitutes a “just and right” division can be even more complicated.
Regardless of the issues your divorce raises, our Austin property division lawyer can help you make help you come up
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