(gt – approval pending) Below you will find a collection of some of the most frequently asked questions that relate to things like procedure after an accident, personal injury claims, and settlement information. If your question is still not answer, don’t worry. You can contact us at any time and we’ll help you get the answers you need.
What should I do after an accident?
Your first priority should be to seek medical attention. Your safety should be the most important thing to focus on. If you’re able, take pictures or videos of the accident and manage to obtain the contact information of any witnesses. It is also best to avoid apologizing or taking the blame for the incident. It may seem rude, but statements like that can be used against you in court assuming you pursue a lawsuit later on. Immediately or as soon as it is practical, set up a meeting for a free consultation at the Law Office of Sergio Lozano. Our office recommends that you should refrain from communicating with any adjuster of the insurance company and let our office handle all communication.
Do I have a case if I do not feel any immediate pain?
You could possibly still have a case despite not feeling any pain immediately after the accident. Because of the rush in adrenaline caused by the accident, you could experience pain later on, once that rush has subsided. It is recommended to seek medical attention even if you don’t experience any immediate pain. If you need help finding medical assistance, upon request, our office can refer you to a medical professional for an assessment.
What do I do if an insurance adjuster calls me?
Do not speak with any insurance adjuster. They may sound polite and helpful but they may be trying to get statements from you that can reduce the liability of their client. Tell the insurance adjuster to contact your attorney, if you have retained an attorney such as the Law Office of Sergio Lozano and our office will do the talking for you.
What damages can be awarded in a personal injury case?
Compensatory damages are the main type of damages that are given out. They can be broken down into economic damages and non-economic damages. Economic damages refer to the measurable costs and losses resulting from the incident. Lost income, property damage, medical bills are all examples of what economic damages could be. To keep it simple it is the recuperation of financial losses. Non-economic damages are more abstract, they can be damages awarded because of stress or pain and suffering. These damages deal more with emotional or mental health losses.
Damages must be quantifiable and within reason. Along with compensatory damages, you might also receive punitive damages. Although rarely awarded, these damages are meant to punish the defendant and disincentivize them from repeating this kind of offense. There are constitutional limits placed on punitive damages since they can be quite substantial.
What is my personal injury case worth?
The worth of your personal injury case depends on the nature of your injuries. But this information cannot be determined until your case has been thoroughly investigated. At the Law Office of Sergio Lozano, we maximize the recovery of your case.
What if I have a pre-existing condition and get into an accident?
You may still receive damages from whoever was at fault for the accident. When taken into account, your damages could be reduced due to your pre-existing condition, but you can still hold another person accountable for worsening the condition. These cases can be increasingly difficult, so it is possible that experts may be contacted, in which case, it is even more important to hire the aid of an attorney.
What if some of the accident was my fault?
In Texas, you will be able to recover damages as long as you were responsible for less than 50% of the accident. In some cases, it can be 51% or less. Contact the Law Office of Sergio Lozano for an evaluation and guidance. Oftentimes a client may feel they were at fault, but an accident reconstruction expert may say otherwise.
I was involved in an accident that was not my fault, but I don’t have medical insurance, can I get medical treatment?
The Law Office of Sergio Lozano, upon request, can refer you to a competent doctor and/or medical professional that will treat you for your injuries. Our client’s health and well being is of the utmost importance.
I am injured as a result of an accident, but I cannot move or drive to make an appointment, what can I do?
The Law Office of Sergio Lozano will accommodate you. In certain circumstances, a member or members of our office can meet you in the comfort of your home and answer all your questions. Our office is also set up to remotely access our clients and potential clients.
How long will it take to reach a settlement?
The time it takes to reach a settlement can differ from case to case. Most personal injuries don’t actually go to trial. Instead, they usually end in a settlement with the defendant or the insurance company. A claim where there was substantial injuries involved or a large sum of money will usually take longer because the insurance company will try to fight harder for it. If the case is complicated or when the liability is hard to determine, a settlement might take longer to reach. Hiring an attorney is important because their presence can motivate these insurance companies to offer a fair settlement earlier on in the litigation process since they know they won’t be able to take advantage of you.
How long will it take to get my check?
Most insurance companies want to close their cases out quickly and efficiently, so it is likely that you will receive your check within one or two weeks after reaching your settlement. The amount of time will depend on whether the insurance company wants to wait until they receive your signed release. Once you get the check, our office will put together a settlement statement. This will state the total amount of money collected and subtract the attorney’s fee, court costs, medical bills, and any other necessary deductions. You will need to review and sign the settlement statement, and then the attorney will send you a check for the remainder.
How can I pay for my medical bills while I wait for my settlement?
Oftentimes treating hospitals will wait to collect their fees when the case is resolved. You may be able to use Personal Injury Protection (PIP) coverage after a motor vehicle accident in the meantime, provided you have that type of coverage. Medical Payment coverage or health insurance coverage can apply after any type of accident. Insurance companies likely have a right to be reimbursed from the proceeds of any eventual settlement that you receive. If you have no insurance, upon request, our office can find a doctor or treatment center that will treat you under an agreement that they will be paid from your eventual settlement.
How can I recover my lost wages while I get my settlement?
The insurance for the party at fault will not pay for any wages lost in the immediate aftermath of the accident. However, our office fights to get you lost wages as a result of an accident.
What if I had an accident on the job?
Our office does not handle worker’s compensation claims. However, If someone other than your employer or a coworker caused your accident, it’s possible to obtain a personal injury claim against that third party.
Do I need a lawyer for a personal injury case?
If you want to maximize your recovery, it is always better to hire an attorney to handle your personal injury claim. Personal injury claims have intricate laws that only a seasoned attorney familiar with insurance companies can handle. Call our office to maximize your recovery.
How do I pay for a lawyer in a personal injury case?
If you don’t have the money to pay for a lawyer, do not worry about it. All personal injury attorneys collect their fees as a percentage of any settlement or judgment that they obtain for you. Thus, if you get nothing from the case, neither does the attorney. Otherwise known as a contingency fee arrangement.