Being in an accident that leaves you with injuries can take a significant toll on you. You can experience harm that prevents you from earning a living and leaves you with medical expenses you’re not sure how to pay. To recover the losses you sustained, one of the options you have is to file a personal injury claim. You can find a lot of information about what it’s like to file a claim, but not all of it is correct. When it comes to addressing misconceptions, Houston personal injury attorneys can help.
At Terry Bryant Accident & Injury Law, our team of personal injury lawyers offer the assistance you need as you begin a civil claim.
Speak with one of our Houston lawyers by calling our team now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation.
Personal Injury Myths
Uncovering the Truth Behind the Misconceptions
If you’re beginning a claim and have questions about personal injury myths, Texas attorneys offer the truth. Learn more about the most common misconceptions out there.
Myth: Personal Injury Lawyers Are Expensive
Hiring a personal injury lawyer should never carry any upfront costs. These attorneys work on a contingency fee basis, so they will get paid only if they’re able to get a settlement or verdict for you. From those winnings, they receive a percentage to cover their services as well as any other expenses, including the costs of expert witnesses.
It’s always a good idea to clarify what the percentage will be before hiring an attorney. Reputable attorneys won’t hesitate to offer this information.
Myth: You Can Wait to File a Claim
As with other types of legal cases, you don’t have an unlimited amount of time to file with the court. That’s because there are statutes of limitations you need to worry about. These are deadlines set in place to ensure that cases are brought forward in a timely manner and while there’s still evidence available. If you’re in a car accident, for example, and are relying on witness testimonies to prove that the other party was negligent, waiting too long can mean not having access to those witnesses.
In Texas, you typically have two years to file a personal injury claim from the moment that you suffered the injury. However, you should be aware of some exceptions. (*Always speak directly to an attorney for the exact deadlines that apply to your potential claims.) If you didn’t realize you sustained an injury until much later, you may be able to rely on the discovery rule. The statute of limitations may not begin running only when you discover that you were harmed. This is important in cases involving exposure to toxic substances, like in workplace accidents, or in cases when a doctor committed medical malpractice by failing to correctly diagnose a condition.
Other exceptions might shorten the amount of time you have to file the claim. If you are filing against a government agency, you have a significantly shorter timeline because you must send a notice to the government letting it know that you’re beginning a legal action.
Whatever the type of case you’re pursuing, it’s never a good idea to wait to begin. Speak to an experienced attorney as soon as possible! If you miss certain deadlines, you’ll be barred from recovering any losses, so don’t take that risk.
Myth: You Must Be Seriously Injured to File a Claim
Often, people assume that because they didn’t sustain catastrophic injuries like head trauma or spinal cord injuries, they can’t recover losses. That’s not true. As long as you sustain losses, you can begin a personal injury claim. Even psychological injuries, like the development of PTSD or depression, are allowed because you’ll have the expenses of getting therapy and taking medications as well as the potential loss of income if you’re unable to work as you did before the incident.
Our team has been helping injury victims throughout Texas since 1985. With these decades of experience, we’ve been able to help clients recover more than $1 Billion dollars.
Myth: You Don’t Need a Lawyer
It’s tempting to just begin a claim on your own, especially if it’s a straightforward one. Imagine that a vehicle ran a red light and struck you, resulting in a concussion and broken bones. You may think that because the other person was obviously negligent, you can file on your own. Doing so can harm your claim, however, because you will be dealing with insurance companies, which want to pay you as little as possible.
Texas is a fault-based state that follows modified comparative negligence laws. You can still recover losses as long as you’re not the party who bears the majority of the blame, but your winnings will be reduced by your percentage of fault. You can expect insurers to do everything they can to place more fault on you than you deserve. They may even try to pin all of the blame on you and keep you from recovering anything.
With a lawyer by your side, this can be much more difficult for insurers to accomplish. Your lawyer will know how to address the tactics that these companies rely on so that you have a chance to recover fair compensation. If all else fails, having a lawyer also means that you can pursue a lawsuit.
Myth: Personal Injury Lawsuits Are Very Lengthy Processes
Some cases can take time, but many of them are resolved relatively quickly. A factor that plays a role in the time frame is the quality and quantity of evidence you have that shows the other party was negligent. Personal injury claims are much faster than lawsuits, too, so it’s always a better idea to try to settle the issue to avoid going to court.
Myth: Winning Is Guaranteed
No matter how simple the case might seem and how much evidence you may have, it’s never possible to guarantee a positive outcome. If any lawyer law firm promises any kind of results during the interview process, exercise caution.
Your lawyer will do everything in their power to gather evidence and prepare a robust claim. They’ll also aggressively negotiate and counter every single obstacle that insurers place in your path. What they can’t do is guarantee an outcome. After all, every case is unique and past results can never guarantee a future outcome.
Myth: Once You File You Can Stop Medical Treatments
One of the first things that insurance companies will look at when you file a claim is whether you’re following all of your doctor’s advice in treating your injuries. If not, they can use that to claim that you’re exaggerating the injuries. It’s essential that you continue all of your treatments and follow instructions to the letter. Not only will this allow you to heal from the injuries faster, but it will prevent frustrating accusations from insurers.
Contact Experienced and Compassionate Personal Injury Lawyers
Trust the Team at Terry Bryant Accident & Injury Law
Suffering losses after an accident that another party’s negligence caused can leave you devastated and unsure of what to do to protect your rights. An important step is to speak with a lawyer about your claim and what your path to compensation may look like.
At Terry Bryant Accident & Injury Law, our Houston personal injury lawyers offer the reliable and compassionate representation you deserve.
Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential personal injury case review.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
