Houston, Texas Personal Injury Lawyer
Frequently Asked Questions About Personal Injury
Q: Is there a minimum personal injury settlement amount?
A: No, there is no minimum or maximum settlement amount. The amount of a settlement in a personal injury case depends on a lot of factors, including, but not limited to:
- The nature and extent of the injury
- The amount of economic damages (such as lost wages and medical bills)
- The amount of time the injury is expected to last
If you're trying to put a value on a specific case, it would be a good idea to check with a lawyer near you.
Q: Are medical bills included in a bodily injury claim?
A: The term "bodily injury claim" usually refers to a "personal injury claim". "Economic damages" would include, but aren't limited to:
- Lost wages
- Medical bills
- Rental car expenses, etc.
General damages include:
- Pain
- Suffering
- Humiliation
- Distress
If you settle your bodily injury claim, it must include all the types of damages available to you, or you will likely lose your right to recover for those losses.
- If you are considering filing a Personal Injury Claim, Submit your Case for a Free Case Evaluation from a Personal Injury Lawyer in your area. This website is for informational purposes only, and nothing stated here should be taken as legal advice.
Q: How do I collect my personal injury award?
A: If the person against whom you have the judgment has insurance, the easiest thing to do is simply to notify the insurance company of your judgment (if they are not already aware of it). The insurance company will usually just write a check for the damages up to the limit of the insurance policy. If the person against whom you have the judgment is uninsured, collecting the judgment will not be as easy. You must have the judgment "entered" with the court and then seek to "enforce" the judgment. There are attorneys who specialize in collecting judgments, and it would be a good idea to consult with one.
Q: Can I ask my lawyer for a copy of the personal injury settlement check?
A: Yes, and you should. As a client you have an absolute right to see a copy of the settlement check, as well as to review a copy of the settlement breakdown sheet before the check is deposited. Usually, the insurance company check has both your name and your attorney's name on it, so you would typically have to endorse the check before it could be placed in your lawyer's trust account. Ask your lawyer to provide you with a copy of the actual settlement check forwarded to him by the insurance company, as well as a copy of all checks written by him (which should total the full amount of the settlement).
Q: What is a proper contingency fee?
A: An attorney's fee is usually negotiated, and depends on the complexity of the case. In Texas, 40% is the fee that is typically charged as the maximum fee if the matter is litigated through trial or arbitration. Pre-litigation settlements usually result in 33 1/3% attorney's fees. The only way to know if your attorney is willing to consider a lower fee is to ask. The skill and reputation of your lawyer is very important.
Q: Do lawyers receive their fee percent before or after the medical expenses are paid?
A: The attorney's fees paid will be based on the retainer agreement between you and your lawyer. Read the contract carefully. In Texas, typically attorney's fees are calculated on the gross settlement (before the medical bills are paid).
Q: Can my lawyer settle my personal injury case without my consent?
A: It's possible that the retainer agreement you signed with your lawyer allows him to settle the case without your consent and sign the settlement and release agreement on your behalf. If your attorney settled the case without your permission, and you haven't yet signed the settlement and release agreement, you should tell your lawyer that you don't want to proceed with the settlement if you're unhappy about it. If a check has already been forwarded to your lawyer, it's a simple matter to return the funds.
Q: Can I gain access to my child's personal injury settlement money?
A: A parent usually doesn't have access to a child's settlement funds. The reason for this is to protect children from parents who might use the money to benefit themselves, instead of the child. A court will generally place a child's settlement money in a "blocked" bank account until the child turns 18. A court will sometimes allow withdrawals from blocked accounts if the funds are needed for the child's care and well being, and the court is satisfied the funds will be used to benefit the minor. You and your lawyer should discuss what expenses might be paid for with the settlement funds.
If for any reason you suspect an Personal Injury has been caused by the negligence of another, you do not need to suffer financially and or mentally anymore, contact a personal injury attorney in your area now!
