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Personal injury is an area of civil law that allows an injured accident victim to seek financial compensation, known as damages, for his or her losses. A personal injury lawsuit has the power to make a victim whole again – to restore the victim to the financial state that he or she would have enjoyed had the accident never happened. There are five types of personal injury cases that are the most common in the United States. If you believe you have grounds for one of these types of cases, consult with a personal injury lawyer in San Antonio for…
You might think that coming to a settlement agreement with an insurance company is the end of your claim. Next, however, is waiting for the settlement check – and distributing it accordingly to pay off your debts. Understanding how personal injury settlements are typically paid out can help you know what to expect in the coming days and weeks. How Long Will it Take to Get Your Settlement Check? This answer depends on your individual case, along with factors such as how long it takes the insurer’s accountant to cut the check. However, insurance companies are also confined to deadlines…
If you have grounds to file a personal injury lawsuit in Texas, you could receive financial compensation from the defendant for causing your accident. This compensation is known as damages in personal injury law. There are two types of damages: compensatory and punitive. Compensatory damages make you whole again by fully compensating you for your injuries. Punitive damages, on the other hand, are used to punish a defendant. What Are Punitive Damages? According to Texas Civil Practice and Remedies Code Section 41.001(5), punitive damages are not economic or noneconomic damages used for compensatory purposes. Instead, they are awarded as…
You may encounter many terms you are unfamiliar with during a personal injury case in Texas, including economic damages. Economic damages refer to the real, specific losses you suffered financially because of your accident and injuries. The term is also used to describe the financial compensation available for these losses. Economic Damages vs. Noneconomic Damages in a Personal Injury Case In personal injury law, there are two types of awards available to a plaintiff who has filed a lawsuit with the courts. The first is compensatory damages. Compensatory damages aim to make a victim whole again by allowing him…
If you are injured by someone else’s careless, wrongful or criminal act in Texas, you may be eligible for financial compensation from that party’s insurance provider. The legal term for this financial compensation is damages. There are two main categories of compensatory damages available to reimburse a victim in a personal injury case in Texas: special and general. Compensatory vs. Punitive Damages Special and general damages are both types of compensatory damages in a personal injury lawsuit. Compensatory damages are designed to compensate an injured victim for the expenses and losses he or she incurred due to a defendant’s…
When most people picture personal injury lawsuits, they imagine large courtrooms full of people and full-blown jury trials. Although this is a possibility for a personal injury case in Texas, it is not a probability. The vast majority of personal injury claims settle – they do not go to trial. Knowing what is best for your particular personal injury case, however, will require consulting with an experienced attorney in San Antonio. Pros and Cons of Settling a Personal Injury Case Settling a personal injury case means negotiating with the defendant or an insurance company until reaching an agreement that works…
You might think the work on your case will end when you receive a personal injury settlement. However, there are still steps you need to take to protect the money you receive from an insurance company or defendant. Protecting your settlement means making sure a creditor cannot file a lien against it or take it – even if you declare bankruptcy. You may need a San Antonio personal injury attorney’s assistance to fully protect your settlement in Texas. Understand Your Rights First, learn a few key facts about your rights as the recipient of a personal injury settlement in Texas.…
Every plaintiff wants a speedy resolution to his or her personal injury case. It may take several weeks or months, however, for an insurance company to investigate your accident and make a decision on your claim. Certain factors can speed up or slow down an insurance company’s response time to your initial demand letter. What Is the Insurance Demand Letter? The insurance demand letter is the written statement you submit to the insurance provider of the person or party you believe caused your accident. If you get into a car accident, for example, Texas’s fault law holds the driver…
There are many legal terms you may encounter as a plaintiff in a personal injury case. Understanding the industry lingo can help you make more sense of your rights as an injured accident victim. One important distinction is bodily injury vs. personal injury. Although they sound similar, they are used in very different contexts. Criminal vs. Civil Law The main difference between bodily injury and personal injury is where you will hear these terms. There are two different types of law: civil and criminal. The civil justice system allows an injured accident victim to recover financial compensation from a defendant…
A personal injury settlement agreement is one possible resolution for a personal injury case in Texas. It describes a signed agreement between both parties, where the plaintiff agrees to accept a financial award in exchange for releasing the defendant from further liability. A personal injury settlement prevents a case from having to go to trial to be resolved by a judge or jury. What Is a Personal Injury Settlement Agreement? A personal injury settlement agreement is a legally binding contract between the injured victim of an accident (the plaintiff) and the allegedly at-fault party (the defendant) or the defendant’s insurance…