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(512) 910-2000Written by TK Injury Lawyers, reviewed by Trent Kelly on October 21, 2013
Looking for the magic formula? Well, there is no magic formula for putting a monetary value on a personal injury claim. However, deciding who is at fault and whose liability it is, is what’s most important. In many vehicle accidents, it is usually not hard to determine who was at fault. There are usually eye-witnesses, and skid marks tell a tale, as well as the area of damage. Thus, who pays is determined by who was ultimately at fault. But accidents are not always clear cut as to whom is to blame. The other party could be totally at fault, somewhat at fault, or maybe only a little at fault. It could be that a percentage of liability could be contributed to all the parties involved. The insurance claims adjuster is the one who determines this. And you? What you need is a personal experienced injury attorney – one who can look out for you to get you the lowest degree of fault.
If your injuries are very minor, you may not need to contact an attorney. However, if your injuries are serious, you will want to retain an attorney to protect your best interests. No matter what the injuries are, there is nothing wrong with getting a free consultation. And no matter what the injuries are, you will need to keep a record of all doctor visits, tests, any surgeries, and all your medications and treatments. Was an ambulance called? Where there specialists seen? If it is found that the other party is responsible, they will be liable for your medical costs including any future medical expenses. Even if you need long term care resulting from the accident, your lawyer can see to it that you will be compensated and a consultation with a ie planner may be necessary to ensure that your medical needs are met for life if necessary. Of course, you will need to tell your lawyer about any pre-existing injuries.
Why you may ask. As with many areas in life, the very young and the very old can receive more sympathy from juries in injury cases due the nature of young innocent children and the very elderly. Your life expectancy will be a contributing factor in personal injury cases.
It will have to be determined if your injuries will affect your way of life. Are you able to walk, to drive, to function normally? Can you feed yourself, dress yourself, bath yourself? How long will you need to recover? Will you recover? Will you be able to go back to work? You will want to keep notes about your life after the accident, noting the ways your life has changed because of it. Let your lawyer know about any pre-existing injuries you may have.
How much do you make? How long will you have to be off from work? Are you able to work at all? Will you have to change jobs because of your injuries? What you make will have an affect on you case. You will have to produce your returns and pay stubs.
Whether it seems fair or not, the income of the other party will be considered in you recovering any damages. The coverage limits of the other party is important. Did they even have insurance? If their insurance coverage is small or insufficient for your medical needs, you may have to go after them personally. Does your insurance include an underinsured/uninsured coverage? It is a good coverage to have as it covers you even in a hit and run.
Finally, do you have a good lawyer? It is usually true that most lawyers change the same fees, but that is no indication they will all have the same results. It goes without saying that the right lawyer can make your case, and it also goes that a bad lawyer can lose your case.
The lawyer has to establish without doubt that deserve compensation for your injuries and pain. Your lawyer loses and you lose – big time. When consulting your attorney about your case, inquire about other cases like yours, You will want to see his/her wins and awards, his/her accomplishments. Most attorneys have a website with testimonials so be sure to check them out!
Trent Kelly obtained his law degree from the University of Arkansas in 2007. He is licensed to practice law in Texas and regularly assists clients with their legal matters. Trent’s practice is primarily focused on personal injury matters – particularly those involving motor vehicles (such as cars, commercial trucks, 18-wheelers, and motorcycles) and wrongful death – but he also handles various business litigation matters as well. Click here to take a look at some complex cases Trent has resolved.
Years of experience: +15 years
Location: Austin, TX
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Trent Kelly, who has more than 15 years of legal experience as a practicing personal injury trial attorney.
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