Personal Injury Law Case – What Happens After You Are Hurt?
What happens when you’re injured in a car wreck? Injured by an 18-wheeler? Bit by a dog? Slip and fall at a business? Injured while in jail or prison? Assaulted?
You’ve been injured, now what happens?
First, read my blog titled “What you should always do if you are hurt in an accident” to learn more about how to document your injuries and ensure you receive the maximum amount of compensation you deserve.
Now, the most important thing to know about being injured is that in Texas there is a strict two statute of limitations from the date the injury occurred to file a lawsuit against the person, or company, believed to have caused the personal injury; there are a few exceptions to this deadline. But, if your claim does not meet one of the exceptions, and you file your personal injury petition after two years from your injury, you will not be able to get a settlement for your personal injuries.
So, let’s discuss what happens before a petition is filed for your personal law case because before a personal law case petition is filed in Court, much can happen, and it usually goes like this:
- You are injured
- Notify insurance carrier of claim
- Get medical treatment for your personal injuries
- May need to check in with insurance carrier with status of medical treatment
- Send demand letter once treatment is completed
- Negotiate a settlement
- Sign release to receive settlement check
- If you can’t agree on an amount during negotiation, file a petition in Court
That’s it! That is what typically happens in a personal injury case BEFORE a petition is filed with the Court. If a settlement cannot be reached, or there is a denial of liability, then a petition can be filed with the Court.
Here are additional questions you may still have about your personal injury law case:
- When do I get paid?
There are only two times during a personal injury law case when payment is able to be made;
- when all treatment is finished or
- when medical treatment exceeds the policy limits of the insurance.
2. How do I find out the policy limits of the insurance?
Always request the policy limits be sent to you in writing by the insurance company. Never trust what the insurance company tells you on the phone, get it in writing. You need the bodily injury policy limits and any other coverage that may be available.
3. What records do I need to settle my case?
All medical records, all billing records and all pharmacy records. An example would be ambulance bill, radiology bill, lab bills, pathology bill, emergency room physician bill, surgeon’s bill and hospital bill. Also need all photos and videos of the property damage, the place where the personal injury occurred and photos of all personal injuries.
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