Legal Question in Personal Injury in Texas

Re: car accident injury

If your claim is against a public entity, then the limit will likely be capped. If it is against a private person, then you can sue for and obtain a judgment for the full extent of your damages. From a practical point of view, however, you might be limited to recovering only up to the limits of a person's insurance policy since there may not be any other $ available.

If your bills were paid by Medicare, Workers Comp, or your private health insurer, then there will be a lien against the monies you recover which will have to be repaid. Often an attorney can obtain reductions from those entities. So, even though you are paying attorney fees, the portion that you have to pay the attorney can be significantly reduced. Sometimes it simply is not possible for an injured person to receive any monies unless he or she hires an attorney.

Since you have a significant claim, you should consider hiring a board certified personal injury lawyer. Please let me know if I can help.

Re: car accident injury

UNLESS you were injured by a Government (State of Texas and\or Local Governments) owned\operated vehicle there are currently NO dollar caps as to damages in automobile cases in Texas. In that rare instance of a Governmenet vehicle your injuries would be capped at $250,000,00.

The actual damage question in this case and\or any other potential personal injury case is driven by many factors. Some of these factors are much less obvious than others. Among the less obvious factors are: whether or not you have ever had any prior injuries, whether or not those prior injuries, if any, were part of any type of insurance claim, whether you have already given a statement of the facts of this accident to the Insurance Carrier without the benefit of a lawyer to advise you beforehand, whether or not there is any arguable fault on your part in the subject accident, whether there are any viable defenses to the liability of the other party, among many others. It is also important to point out that the extremely "PRO- INSURANCE Industry" Texas Supreme Court that we currently have recently handed down a very damaging opinion addressing the level and burden of proof the Plaintiff has regarding the causal link of "all" the curative medical treatment given for the alleged injuries. As you go forward, also bear in mind that in 2003, our learned Texas Legislature "listened" to the Big Insurance lobbyists in AUSTIN and dramatically changed many of the laws that affect personal injury claims in general. These changes have created many pitfalls for the unweary consumer. Rest assured that the responsible insurance adjuster you are dealing with is well aware of these pro -insurance changes and they will not be "guiding" you.

Our firm has a state wide practice and would be happy to evaluate the case and your damages for you. Please let us know if we can help.

Sincerely,

Chuck Cowan