Austin Car Accident FAQ

When you’re unable to work because of your personal injury, you may be faced with difficult decisions related to how you will pay for groceries, mortgages, utility bills, and/or other household bills. Your personal injury lawyer can seek compensation for you for wages lost as a result of the limitations imposed by treatment and recovery periods needed as a result of your injury. Usually those efforts take the form of a claim for lost wages.

No matter how much pressure you may feel from the adjuster, do not accept a settlement from your insurance company before you speak with a personal injury lawyer. Keep in mind that the insurance adjuster’s job is to protect the bottom-line of the insurance company. Even though they were assigned to your case, their main reason for employment is reduce costs for the insurance company. Speak with a lawyer about your options first – there are no risks or fees when you meet with a lawyer for a free consultation.

An injury lawyer is hired by you to represent you, with the goal of getting you the recovery and compensation you deserve for your injury. Insurance company employees, on the other hand, handling your claim may know you and your case, but it is not their job to advocate for you. Instead, your claims adjuster’s job is to keep costs paid on your claim as low as possible for the insurance company. Also, often insurance companies allocate their most qualified and experienced adjusters to talk only with lawyers, not with policyholders. So a lawyer may be more able to work within the insurance company administration to get a better outcome for you.

It is easier to understand where there are caps, than to understand why there are caps. Damage caps exist in medical malpractice lawsuits, lawsuits involving punitive damages, and lawsuits against government entities. In 2003 Texas passed the Medical Malpractice and Tort Reform Act to limit the maximum amount of money a person can receive for non-economic damages.

Pain and suffering refers to the physical, mental, and emotional pain and distress from an injury. Examples include aches and discomfort persisting after an injury is treated, temporary and permanent limitation on activity, potential shortening of life, insomnia, depression, and anguish from scarring. An amateur soccer player’s emotional pain from the loss of ability to play the game she loves would be a type of pain and suffering.

Jason McMinn and Justin McMinn at Mcminn take personal injury and accident cases on a contingency basis. Our compensation is based on a percentage of the settlement and award amount you receive if you do receive one.  We don’t get paid unless you receive a settlement; this means you won’t have out-of-pocket fees to McMinn Law Firm.

There are many factors to consider when deciding whether to settle or take your case to court. Some considerations can include the cost of a trial, speed of a case, and whether or not the case can be settled fairly. Costs: attorneys fees, expert witnesses, travel and more can add up during a trial, and trials can create stress for many personal injury victims. If you choose to settle your case, you won’t have to worry about additional fees or stress. Speed of case: Settlements end your case faster. Trials can sometimes last a long time, and the appeals process can drag out the time frame even further. In addition, it will be final. No one can appeal a settlement. Fair settlement: If the defendant’s offer is unfair, court may be the solution. As we said above, settlements are final, so you want to be sure the settlement is something you can live with.

A contingent (or contingency) fee agreement means the client / plaintiff only pays their personal injury lawyer a fee if the attorney recovers a financial settlement for the client. The contingency fee arrangement is an important part of how personal injury lawyers can help clients. Other types of lawyers charge hourly fees that many potential clients could not afford. Personal injury lawyers do not require clients to be able to pay fees out of pocket. In the contingency fee structure, the client and lawyer agree beforehand on a percentage of the settlement that will be paid as fee to the lawyer.

In wrongful death cases, the family of the deceased or their estate can receive compensation in for medical and funeral expenses. Other damages such as, lost earning and financial support for the surviving spouse and children can be recovered. There can also be compensation for emotional distress, especially if the survivor witnessed the accident or negligent that caused to the death of the deceased. Other issues to bring before the court would be Loss of Consortium and comfort. Due to the significant compensation paid to the families of wrongful death cases, the litigation can be complex. We will begin an immediate investigation into your case to ensure that necessary evidence is preserved. Our attorneys will work with experts including accident re-constructionists who can assess the pain and suffering caused to the victim, and forensic accountants who can make an immediate and long-term evaluation of your economic losses. When your family suffers, you need attorneys who can provide the aggressive and effective advocacy you need to get results.

Two types of damages – economic and non-economic – are calculated in a bicycle accident case. Economic damages include costs of medications, surgery, or hospitalizations following the accident, as well as lost wages. An amount also may be assessed for non-economic damages such as pain and suffering, which may be determined as a multiplier of the general economic damages.