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If you are injured as a result of someone else’s negligence, you may have a claim against them for damages.
Most personal injury attorneys will not charge you anything up front. Most cases are handled on a contingency basis. Once the claim is resolved, the attorney will receive a percentage of the judgment or settlement. This percentage will usually run from 33% up to 50% depending upon the type of claim and where in the process it resolves.
Every case is different. Two people that have the same accident are likely to have very different damages and will recover differently. Defendant’s have different types and levels of insurance. There are infinite factors that affect the value of each claim. Your attorney will help you to get the greatest value possible for your claim.
All cases are different. Most claims are not even negotiated until you are released from medical treatment. This will give your attorney the amount of your medical bills along with estimated future medical expenses. A demand is then sent to the defendant’s insurance company. If the parties are unable reach a settlement regarding the demand, it will likely require filing a claim with the courts.
In Texas, the injured worker has the right to choose the doctor. If the employer has not joined a network for medical treatment, the injured worker can choose any doctor willing to treat them. If the employer HAS joined a network, then the injured employee must choose a doctor off of the list of approved doctors provided by the insurance company.
In most cases, you cannot sue your employer. The purpose of workers’ compensation insurance is to provide both a solution for workplace injuries and to limit an employer’s exposure to lawsuits. However, if another company or outside person was negligently responsible for the accident, you may be able to sue that third party. Check out our blog on this question for more information.
In Texas, there are no settlements after a workplace injury. In most cases, a worker’s monetary recovery is limited to lost wages, permanent impairment, and sometimes a supplemental income benefit to bridge the gap and help people return to work after a serious injury. There could be a settlement if someone other than the employer was the cause of the accident and injury.
If your spouse dies as a result of a workplace accident, then you may be eligible for death benefits. Death benefits are often a lifetime benefit for a spouse. Any surviving children may be eligible for benefits as well.