Legal Question in Personal Injury in Texas

Re: Hit And Run Felony?

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Re: Hit And Run Felony?

you have asked a good question. it sounds very much like the 20 year old other driver is responsible for the accident and as such his insurance company should be liable for your damages. under texas law you are entitled to seek a lump sum settlement that reflects the medical expenses you have incurred and might need in the future, lost earnings, and the more esoteric damages of pain, suffering, mental anguish. there is no legal formula for how much the insurance company must pay in terms of a settlement. at this stage settlement is based on negotiations between you and the adjuster. whether you should get an attorney is totally a decision that you should make. i can make the following comments about that: 1. not everyone in every case needs an attorney. it is possible to handle this claim yourself, document your injuries and present that documentation to the adjuster, and negotiate a settlement. 2. attorneys who regularly represent injury victims generally work on contingent fees meaning that the lawyer gets a percentage (usually 1/3rd of the settlement). this enables persons to be able to hire lawyers without the economic burden of paying a retainer and for the attorney's time. whether the case lends itself to a contingent fee arrangement and whether it is economical for an injury victim has to be examined on a case by case basis. most attorneys will evaluate the case in an initial interview without charge. 3. in general, i believe a qualified attorney can obtain a better settlement for an injury victim than if the victim went without representation; however, that does not mean that you could not or should not try to document your injuries and try to reach a settlement on your own. it will require time, effort, and persistence on your part. 4. the insurance company for the other driver is not required, under the law, to pay for medical expenses as you incur them. they are not required to be fair or to pay you a settlement automatically and in the amount you claim. keep in mind its all negotiation at this point and that you are not that insurance company's "customer", you are their adversary. finally, as to the seatbelt issue. i do not think this will be an issue during the claim; but, the texas legislature did alter the law in 2003 when it allowed insurance company lawyers to put into evidence the fact that the injured victim was not wearing a seat belt. there is some concern that juries will be less willing to award money to someone who is violating the seat belt law. i hope this helps.

Re: Hit And Run Felony?

It sounds like you should hire an attorney to assist you with your claim. The fact that the at-fault driver has insurance may provide you with a remedy for your injuries.