Houston Personal Injury
Frequently Asked Questions
How will a Personal Injury Attorney help you? What should you expect? What questions should you ask? A good accident attorney brings a multitude of skills and a depth of knowledge. Shane Kadlec has dealt with thousands of personal injury cases and will do everything possible to help your recovery. Here are some common questions but if you have others click here.
- Do I even need an attorney?
- What is a Contingency Fee?
- How do I know if I have a Personal Injury claim?
- What is a Personal Injury?
- How long do I have to make a claim for Personal Injuries?
- What financial compensation can I recover?
- How do I prove what my injuries are?
- If I have a personal injury claim do I have to go to court?
- How long will it take to settle my claim?
- If an auto collision is partly my fault, can I still have a successful claim?
- What should I do after a traffic accident?
If you or a family member has been injured, or in fatal injury cases, an experienced personal injury attorney should be consulted as soon as possible and before you give any statements or sign any papers of any kind. Defense lawyers and insurance companies do not have your best interests at heart, and are always engaging in damage control and limiting liability at the expense of victims. In any serious injury case, you are better off hiring an attorney as soon as possible. Attorney Shane Kadlec offers a free consultation, with no obligation; therefore, you have nothing to lose by consulting with our office, the sooner, the better. There is a statute of limitations that requires you to file a lawsuit within a specific period of time, depending upon the circumstances of your case, or else you will be prohibited from obtaining any compensation for your injuries. An attorney will be able to help protect your rights and preserve your claims within the statute of limitations. Delays can result in irreparable harm to victims who are entitled to large monetary damages.
A contingency fee is a fee that is used by lawyers in most personal injury cases. It is contingent when the fee is conditioned upon your attorney's successful resolution of your case. A contingent fee is paid as a percentage of your monetary recovery. Contingency fees vary depending on the type of case and are usually one third of the gross recovery obtained for the client, but varies depending on the situation.
How do I know if I have a Personal Injury claim?
To have a personal injury claim, you must be able to show that you have been injured by the fault of another. This may be a physical injury, an emotional injury, and often both. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are, as the law in Texas considers comparative fault of all involved in the case.
A personal injury is any physical or mental injury to a person as a result of someone's negligence or harmful act. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. These are some of the most common events resulting in personal injury and the types of cases handled by Shane R. Kadlec:
- Auto collisions and Trucking collisions
- Dangerous or Defective Product Injuries (Product Liability)
- Aviation Disasters
- Professional Malpractice - Medical and Dental Cases
- On the Job Injuries
- Wrongful Death Claims
- Firearms - Accidental Shooting Cases
- Toxic Chemical Exposure
- Home Accidents
- Dog Bites
How long do I have to make a claim for Personal Injuries?
Every state has certain time limits on personal injury claims, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. The statutes of limitations are time frames in which you have to file a lawsuit. When the statute of limitations expires on your case, your right to bring a personal injury claim expires and you simply don't have a legal claim anymore.
Statutes of limitation differ not only from state to state, but also in regard to the kinds of claims and lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. There are some exceptions and an experienced lawyer can help you with them. The sooner you get legal representation and counsel, the better. Some examples of statutes of limitations in Texas are:
- Injury claims must typically be filed within two years from the date of the injury producing incident.
- Claims under the LHWCA (Longshore and Harbor Workers' Compensation Act) must typically be presented to the U.S. Department of Labor within one year from the date of the injury producing incident by filing a Form LS - 203.
- Claims for injury to a seaman under the Jones Act must typically be brought within three years from the date of the injury producing incident.
- Claims for Texas Workers' Compensation Benefits must be presented to the Texas Department of Insurance - Workers' Compensation Division within one year from the date of the injury producing incident by filing a Notice of Injury and Claim for Compensation.
- Claims for breach of contract must typically be filed within four years of alleged breach.
What financial compensation can I recover?
Personal Injury victims are entitled to recover money damages for the losses and expenses they incur as a result of an accident. The damages may include the following.
- Medical bills, both past and future,
- Lost Wages, including overtime and vacation days/sick days,
- Pain & Suffering,
- Physical Disability,
- Disfigurement,
- Permanent Scars
- Emotional Trauma,
- Mental Anguish,
- Loss of Enjoyment,
- Loss of Love & Affection,
- Embarrassment,
- Mental Disability,
- Property Damage,
- Out of pocket expenses (transportation charges, house cleaning, grass cutting, and others).
How do I prove what my injuries are?
A person's injuries are best documented with the medical records authored by the doctors and medical providers who diagnose and treat them. After an injury, the documentation begins at the scene of the injury, often in the records of the emergency medical people first to arrive on the scene. A consistent course of medical treatment from beginning to end will prove to heal the patient as quickly as possible, as well as best evidence the injuries that were suffered.
If I have a personal injury claim, do I have to go to court?
Most personal injury cases are settled out of court between opposing lawyers or by the insurance company claims adjuster. In many cases the parties agree that it is in their best interest to avoid the time and expense associated with a lawsuit. Just because a lawsuit is filed, it does not mean that a case will have to go to trial. However, if it does go to trial, you will almost always have to appear in Court so that your testimony can be heard by the judge and jury. Typically, the judge will require a case to go to a settlement conference, called a mediation, whereby the parties attempt to resolve the case on their own terms before being called to trial.
How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case, and the time it takes can be very taxing. The more complex the case, the longer it may take to resolve. Many cases can take anywhere from 3 to 18 months to settle depending on its complexity, the Court's docket and the availability of evidence.
If an auto collision is partly my fault, can I still have a successful claim?
Even if a traffic collision was partially your fault, you still may be entitled to monetary compensation, based on the concept of Comparative Negligence or Contributory Negligence. The term "contributory negligence" is used to describe the actions of an injured person that may have also caused that person's own injuries. For example, a person who ignores a "Caution - Wet Floor" sign and slips and falls in the supermarket may be found to have been careless and at fault for injuries suffered. "Contributory negligence" can prevent a person from collecting any monies to compensate for injuries suffered, even if that person's carelessness was minor. Some states have done away with the concept of contributory negligence altogether and instead use the concept of "comparative negligence." The term comparative negligence means that the fault of all parties is compared and the amount of the recovery for damages sustained by the injured victim is reduced by the percentage of his or her own fault. In this way, each person is held accountable for the amount of damages that they caused. If you're injured by the negligent action of another, but you contributed to the accident by your failure to exercise reasonably prudent care, your recovery can be reduced based on the proportion of your contributory negligence. You may also be guilty of a form of contributory negligence if you voluntarily expose yourself to danger - by riding a roller coaster without wearing a seat belt, or working with a neighbor's power saw or other dangerous tool if you're inexperienced or fail to use a safety guard. This is called assumption of risk.
What should I do after a traffic accident?
- Stop!
- Render First Aid
- Protect others from further harm
- Call the police
- Gather information and write it down at the scene, including the other drivers and any witnesses' names, address, phone numbers, the location of the collision, and all insurance company and policy information.
- Be careful what you say - Be factual, but make no admissions of fault.
- Seek medical assistance at once! If you think you are hurt, go the nearest emergency room.
