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FAQs

We have the answers to most common questions that our clients ask in hopes that they will get you started on the right path to recovery.

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You are subject to a statute of limitations in Texas, which gives you two years following the date of injuries to file your claim. The only exception to this is in the case of a minor child. In those cases, the time limit is extended until two years after the child reaches the age of 18. It is recommended that you contact a personal injury attorney as soon as possible after an injury to file your claim while evidence and testimony are still fresh.

Insurance adjusters work for the insurance companies. Their primary interest is in keeping themselves profitable and paying out as little as possible. Insurance companies will often try to get you to agree to less than optimum settlements. They generally have their own attorneys who are looking out for the company’s best interests as opposed to yours. That is why you should consult with a reliable attorney of your own who will be representing your interests. By discussing your situation with an adjuster or a lawyer from the insurance company, you may be damaging your case by giving them evidence that could be used against you. By involving your own attorney quickly, you will be legally protected.

Settlement amounts depend on many different factors, including fault issues, the nature of the injuries, the extent of injuries, what the medical expenses and loss of wages were and are expected to be in the future, how long the injuries are expected to last, and other factors. To determine what you may expect in any personal injury case, you should discuss it with a qualified personal injury lawyer who can review and assess your situation.

Negligence refers to how a person acts or fails to act in a given situation as compared to how a reasonable and prudent person would act in a similar situation. If someone fails to act in a manner that would reasonably prevent an accident, then he or she may be deemed negligent. Obvious examples of negligence are drivers who drive while drunk, exposing other motorists and pedestrians to danger. In some cases, the matter of negligence may only be resolved by a trial where a jury listens to the evidence and makes a determination based on that evidence.

Yes, FELA follows the principle of comparative negligence, meaning that even if you were partially at fault for the accident or injury, you may still be eligible to receive compensation. However, your total compensation may be reduced proportionally to your percentage of fault.

 

The majority of personal injury cases are settled outside of the courtroom, through negotiations between your attorney and the insurance company involved. If a fair settlement is not forthcoming, then your attorney may take your case to court in civil litigation.

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MacLean Law Firm has helped individual clients and families throughout Texas obtain millions of dollars in compensation for injuries suffered under a wide variety of circumstances. 

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© 2023. MacLean Law Firm, P.C.
All Rights Reserved. | Privacy Policy,  Disclaimer