Personal Injury Claims in McKinney – Frequently Asked Questions
What is negligence?
You’ll often hear the term “negligence” associated with personal injury claims. In order to have a valid claim, the accident victim must have been injured as a result of negligence. What does it mean? The law in Texas and most states is some variation of “failure to use ordinary care (of a reasonably prudent and careful person) in the same or similar circumstances.” Yes, I know that definition is one only a lawyer would come up with and one that is not really helpful.
In English, the heart of negligence is just not being careful and harming someone. We all know that there are safety rules for everything we do that can harm someone. These rules are literally created in the blood and tears of those who were harmed before someone woke up and said, there is a safer way to do this activity. These public safety rules really illustrate what negligence is in that circumstance and take the idea of negligence and provides a concrete picture of what it looks like in real life.
For example, a driver runs a red light and causes an accident. We all know that careful drivers follow driving safety rules, including not running red lights. When a driver does not follow a safety rule when driving and harms another, that driver has acted negligently and can be held accountable for the damages that resulted because careful drivers follow driving safety rules. Safety rules for the activity really help illustrate what negligence is whether the injury occurred on the job site; from the operation of heavy equipment; from lack of maintenance or poor driving of an 18 Wheeler; from poorly designed or manufactured products; or in the operating room.
When should I file a personal injury claim?
It’s important to the success of your case to get legal help as soon as possible. The more time passes, the more opportunity there is for evidence to get lost and witnesses to forget the details of the event. Although most personal injury claims in McKinney and throughout Texas must be filed within 2 years of the date of the injury, sometimes notices must be given or claims must be made in advance of the general deadline. Notice against some defendants must be given in as short as 90 days from when the injury occurs.
The reality is that the sooner you can speak to an attorney after your accident, the better off you’ll be. If deadlines pass and you haven’t given timely notice or filed a claim, then you may never be able to recover compensation for your injuries.
From the moment you choose The McCraw Law Group to handle your personal injury claim, we’ll start working to build a solid case on your behalf to avoid these and other legal landmines.
How long will a lawsuit take?
Unfortunately, there is no right answer to this question. Every case is different, and the time it will take depends on the facts of the case, the willingness of the other party to do what is right, and how busy the courts are. Personal injury claims in McKinney may take a few months to settle and never go to trial, but more complex cases may take years. One thing is certain, the earlier you make and bring your claim, the sooner the process is started.
What damages am I entitled to?
The answer to this question will vary based on the circumstances of your case. In general, you may be entitled to damages for:
- Past and future medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental Anguish
- And in some cases other damages
The exact dollar amount your case may be worth is determined by a number of factors, including the severity of your injuries, the details of the case, the degree of fault of all parties, limits of any insurance policies involved, and whether the defendant is an individual, a company or a government entity. At the McCraw Law Group, we can help give you specific information based on your claim in a free consultation for personal injury matters.
The other party’s insurance company wants to settle with me, so why do I need an attorney?
More often than not, if an insurance company is offering a settlement, it is because the company wants to get the case completed quickly and for far less money than you are owed. The insurance company has its’ interests in mind when offering a settlement, not your interest. Often, especially when policy limits offers are made, the devil is in the details of the release. We have seen releases that if signed would allow the insurance company to pay the full settlement to a third party and even those that would make the person harmed responsible for payments that exceed the amount of the settlement. By accepting the deal instead of getting a check, the injured person gets a bill and can be sued if they don’t pay it.
If an insurance company has offered a settlement, it’s in your best interest to speak to a personal injury lawyer before accepting the offer. Once you’ve taken the settlement, it can be difficult or impossible to undo if you later realize that you got far less than you should have and that your long-term damages have gone far above the settlement you received.
An experienced accident attorney at The McCraw Law Group can evaluate your case and will know if the settlement offer is reasonable given the circumstances. This is not a risk that is worth taking. Speak to a lawyer before signing any documents from the insurance company!
Get Help Today With Personal Injury Claims in McKinney, Frisco, Allen or throughout North Texas
At The McCraw Law Group, our personal injury lawyers in McKinney TX provide powerful, devoted advocacy for victims of all types of accidents. To schedule a free consultation with one of our experienced accident attorneys, call us today at (972) 854-7900.