Frequently Asked Questions
What is the statute of limitations?The statute of limitations is a specified time period that the law permits a claim to be filed against the responsible party. In Texas, the victim or his family has 2 years to resolve the claim or file the lawsuit against the responsible party. The statute of limitations varies for cases involving children and adults, and also differs from state to state. It is important that when a serious and catastrophic injury, such as a death or injury occurs call our Law Firm as soon as possible.
This site is not designed nor intended to be used for specific advice in any particular case. It is critical that you start your case before a statute of limitations runs or you could forever lose your right to pursue your case.
Common Concerns on Motorcycle Cases
Some Texas Jurors, lack an understanding of the motorcyclist and the rules of the road. And many people dislike and have biases against motorcycles and their riders. Many police investigators often don't understand the mechanics and dynamics of a motorcycle accident.
It is important in a motorcycle case to combat bias. To do so, your motorcycle accident attorney must understand and have the ability to explain what the motorcyclist was confronted with, what choices were available the second the accident occurred and why choices were made.
Choose a Law Firm that understands the principles of physics and mechanics of your lose and is capable of reviewing the evidence and correct problems or issues, if necessary. For example, motorcycles don't stop like cars, don't swerve like cars, have different controls than cars, and slide on their sides, which cars rarely do. To the extent that a jury can be successfully educated in all of these areas, the anti-motorcycle bias of jurors can be mitigated. Remember, that the number of motorcyclists' community is large, and it is possible that the defense will fail to identify or challenge a motorcyclist or pro-motorcyclist juror. Call and let us help you now!
How do I pay for legal assistance? Attorneys who handle Personal Injury claims are usually paid by contingency fee - this is a percentage of the amount that is successfully recovered for the client. If there is no recovery, the attorney does not get paid.
What if I don't have enough medical coverage? There are many different ways to help pay your hospital, therapy and medical bills. Let us evaluate your lose and your options.
We will do everything they can to make sure you have the money you need to get the necessary medical care you need. We'll deal with insurance companies work to get you the money you need when you need it.
How is negligence proven in a motorcycle accident case? Motorcycle accidents are usually caused by carelessness or failure to act and in some cases recklessness. Often times it is a combination of negligent acts or a failure to act by one or more persons or entities that cause an accident to occur.
Texas Law requires that each person owes every other person a duty to act as a reasonably prudent person would act under the same or similar circumstances. When a person does not act reasonably, then they have violated that duty and will be held responsible for any injury or damage that results. This duty is created from statutory laws and rules in prior cases that have evolved over time.
Accident reconstruction experts are also available with specific expertise in motorcycle accidents. Usually, there are photographs of the vehicles and usually other physical evidence. The physical evidence is used in conjunction with eyewitness accounts and party accounts to determine what happened. Generally, each side points to those pieces of evidence, and those statements of witnesses that are favorable. The insurance company for the defendant will weigh all of the evidence developed by each side and determine who is at fault, and in what percentage and what amount they want to offer. If the amount is not fair, then our team of lawyers will take your case to trial and let the jury decide what is fair.
What compensation am I entitled to for my injuries?
Your legal compensation may include:
Payment of medical bills
You may be entitled to have your medical expenses, past and future, paid:
- Surgical procedures
- Ongoing medical care
- Scar revision/Cosmetic surgery
- Physical therapy
- Occupational therapy
Compensation for loss of income and loss of the ability to earn income in the future: You may be entitled to have your lost wages, past and future, paid. Vocational rehabilitation (job retraining)
You may be entitled to compensation for the costs of being re-trained into a new job or occupation.
Compensation for pain and suffering: Your entitled to compensation for the pain and suffering you have endured and may continue to endure as a result of your injury. In a death case, the children, spouse and parents are entitled to damages for the wrongful death
Loss of consortium: The spouse of a survivor may be entitled to compensation when an injury is so severe that it interferes with the injured party's spousal relations. The effected family member may suffer a very real detriment. Many courts recognize the right of the injured party's spouse to recover in an appropriate case for a loss of support, services, love, companionship, society, affection, sexual relations and solace in the form of a loss of consortium action. Loss of consortium is a claim separate from the injury victim's claim. It is unique to the injured party's spouse and is compensable by a separate damages recovery.
Disfigurement and disability: Any physical or mental impairment or disability.
What are punitive damages?
Punitive damages may be recoverable in certain circumstances. Punitive damages exist to punish or make example of the wrongdoer for conduct that is intentional, or when the wrongdoer acts in a reckless manner in disregard for the rights of others.
Should I sue?
This is a decision that only you can make. However, the greater the injury, the more likely the defense will want to fight. Civil law exists to compensate an individual for injuries and losses, which were caused by someone's negligence; a defective product; or some other form of misconduct or failure to act.
Persons who are injured in accidents and their family members are often hesitant about contacting an attorney because they believe the accident or injury was in some way caused by the injured individual. This may not be the case and even if the injured individual is partially at fault, it is still possible that more than one person or may have contributed to causing that accident or injury and a substantial monetary recovery is still possible.