Legal Question in Personal Injury in Texas
My husband was in a near fatal wreck on October 10 on his way to work. He was taken to a hospital where we had a series of unfortunate events. His injuries related to the wreck are covered by workers comp. He was released from the hospital with the entire left side affected 12 days later. Four days after being released we were going back to the hospital for his first post-op appointment and to have his staples taken out, our cab driver ran him over. Workers comp utilizes a San Antonio cab company for transportation. In front of the hospital- on camera -the cab driver took off with the right side back door still open and my husband half in half out. His affected leg was in a brace and caught under the drivers side- straining and contorting his affected leg while his right foot was being sucked under the back right tire re-breaking his right foot.
I would like to avoid using a lawyer, I would just appreciate an appropriate amount that I should ask for in this matter. 500? 1000? 2500? 10,000? I have no clue!!
3 Answers from Attorneys
Although you have indicated that you don't want to hire an attorney, I would suggest at least consulting with one. Without knowing the extent of the injuries and the amount of medical bills it is difficult to determine what a fair settlement would be for your husband. Even if worker's comp is paying your husband's bills, if a third party caused the first accident, your husband has a claim against that driver's insurance company for his past and future medical bills, lost wages, pain and suffering, mental anguish and disfigurement. Your husband also has a claim against the taxi for any injuries caused in that incident. Attorneys like myself offer free consultations to people in your situation.
www.AustinTrialLawyers.com
Quite frankly, there is no way you will ever get remotely close to the value of this case without professional representation. The insurance companies for the workers comp policy and the cab driver won't take you seriously and they'll just blame each other, which means you'll be stuck trying to figure out which claims you can sue on and which claims are administrative workers comp claims.
The fact that you came here to get help figuring out the value of your husband's claims indicates you recognize that you do not have the skills necessary to resolve these claims on your own.
I suppose you do not want to use a lawyer due to the expense. I can work for your husband without it costing him anything out of his share of the settlement. Workers Compensation law provides:
417.003. ATTORNEY'S FEE FOR REPRESENTATION OF INSURANCE
CARRIER'S INTEREST. (a) An insurance carrier whose interest is not
actively represented by an attorney in a third party action shall
pay a fee to an attorney representing the claimant in the amount
agreed on between the attorney and the insurance carrier. In the
absence of an agreement, the court shall award to the attorney
payable out of the insurance carrier's recovery:
(1) a reasonable fee for recovery of the insurance
carrier's interest that may not exceed one third of the insurance
carrier's recovery; and
(2) a proportionate share of expenses.
Workers Comp is entitled to and must be repaid by the liability insurance company of the cab driver who caused the accident. The quoted law above allows for an attorney, hired by the injured worker, to be paid 1/3 of this amount. That means that Workers Comp gets back 2/3 of what it paid and I would get 1/3 or what it paid. So, this would not affect your husband's share, which will be money for pain and suffering, permanent injuries, disfigurement, and the unpaid portion of his lost wages. I don't have enough information regarding the damages to tell you how much to ask for, but if your husband will hire me, I will work on getting him compensation for these at no charge to him while at the same time work on getting the money for Workers Comp.
Cases against Cab companies are usually very difficult and require an attorney's assistance.
I handle cases and have filed lawsuits throughout Texas and am board certified in personal injury trial law. Please call me at (877) 914-0888.
I look forward to speaking with you.
Roger Merrill
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