REAL FACTS ABOUT AUTOMOBILE COLLISION CASES
From Jonathan C. Juhan, Attorney At Law
If you have been injured in a collision, you should do the following:
· Seek medical care immediately;
· Report your collision to the police, and your insurance company; and
· Discuss your rights with a Board Certified, local lawyer.
Most insurance companies now use computer programs to evaluate claims. It is imperative that you speak personally with a local lawyer who knows what information insurance companies use to evaluate claims. In addition, you need a local lawyer who knows the local adjusters, the local courts, and the local attorneys, so that he or she may get you full value for your case. In addition, you need a lawyer who will fight for you, and not simply settle when it is not in your best interest, but will file suit when necessary, and even be willing to try your case. Jonathan Juhan is this type of lawyer, and would like to speak with you personally about your case.
This section explains important aspects of the law of automobile collisions. These are cases where someone is injured due to the negligence of another…
ELEMENTS OF PROOF – To win a case, the Plaintiff (person bringing the suit) must prove:
1. The Defendant (person being sued) was negligent in the operation of his vehicle; AND
2. That negligence probably caused the plaintiff’s injuries or damages.
Negligence occurs when a driver violates a safety law or otherwise fails to exercise ordinary care for the safety of others.
The most common defense raised in Texas cases is comparative negligence. If a jury finds the plaintiff and defendant are both negligent, a percentage of fault is assigned to each party. The plaintiff loses his percentage of damages, unless he is more than 50% at fault, in which case he recovers nothing.
PROVING INJURIES & DAMAGES – Often, the hardest part of a case is proving the extent of injury. Many conditions (sprains, strains, pain) cannot be medically tested, and can only be proved by the testimony of the plaintiff. Defense lawyers may prove a plaintiff is exaggerating about his injuries or damages. Many good cases are lost because a plaintiff gives inaccurate or incomplete information to his lawyer or doctor, often unintentionally. It is very important to be complete and honest in your answers to your lawyer’s questions, and in statements to your doctors about past injuries and current problems.
The elements of damage that can usually be recovered in a personal injury case are: medical Expenses, Loss of Earnings, Physical Pain, Mental Anguish and, where applicable, disfigurement or Scarring. Damages are also available in the event of death, but only spouses, children and parents may bring an action for wrongful death.
Punitive Damages can be sought if the Defendant acted with “malice,” which means the Defendant either (1) intended to cause injury or (2) knew his conduct created an extreme risk of severe injury and acted with conscious indifference to that risk. Malice is very difficult to prove, and many punitive damage awards are reversed by courts appeal.
TYPES OF INSURANCE – Several types of insurance may affect a case:
Liability Insurance pays damages for an insured person’s negligence. Most cases are “against liability insurance companies.
Health Insurance plans cover treatment for injuries, although some require a specific doctor or hospital. Most plans have a subrogation provision: if you recover damages from a third party, you must reimburse the Plan.
PERSONAL INJURY PROTECTION – your insurance company pays 100% of your medical expenses and 80% of your lost wages, up to your limits of coverage (usually $2500.00).
UNINSURED/UNDERINSURED MOTORIST – your insurance company pays your damages when the person responsible for your accident has no liability insurance, or his coverage is too small to pay all your damages.
EXPENSIVE TO PROSECUTE – An attorney may spend several thousand dollars and hundreds of hours preparing a case for trial. For this reason, many lawyers only accept cases involving serious injuries or death.
STATUTES OF LIMITATIONS – Texas has a two-year statute of limitations in tort actions. Suits not filed by two years from your date of injury are barred forever. Texas law also requires written notice of a claim must be given to units of city, state, or federal government, often within 90 days to six months of an event. Failure to give proper notice may result in a claim being lost. Limited exceptions to these rules may affect the rights of minors and incompetents. However, these deadlines are rigidly construed. If you pursue a case, you should discuss these deadlines with an attorney.
CONTINGENT FEES – I only handle injury cases on a contingent basis. The fee is a percentage of the recovery (usually one third to 40%), and no fees or expenses are charged unless your case is won or settled.
I hope this information helps you understand more about automobile collision cases, and what is involved in an effort to prosecute, and win a case in this area of the law. Please call me now, and schedule a free consultation. I look forward to meetings with you soon. Thank you in advance for your business.
