Legal Question in Personal Injury in Texas

Do I need legal representation?

I was rear-ended by a Semi Truck in the State of Oklahoma. I'm a Texas resident, the truck owner is based in Oklahoma, and the driver is from Tennessee. There was a wreck on the interstate which had stopped traffic, and as soon as I had noticed this I put on my flashers. I came to a complete stop. The road was slick, but most all vehicles were able to stop enough to keep from sliding. Anyhow, I was completely stopped with my flashers on on the inside shoulder of the interstate when I was rear-ended by a semi at 50 mph (est given by troopers). It wasn't due to the ice, but due to his failure to pay attention to stopped traffic. I had myself, my spouse, and my 8 year old in the vehicle. We had the bumps and bruises, with all going to the ER via ambulance. I had whiplash, stomach pain, and breathing issues (airbag dust, etc), etc. Spouse had stomach pain, hip pain, back pain, whiplash, bruising, etc. Son required ultrasound of abdomen, hip pain, etc. He's had nightmares almost daily since the accident. I wore a neck brace for a week. Without going into every detail, the main question is as follows. I filed the insurance claim initially with my insurance so I wouldn't have to walk, and was given a rental. I'm not sure how to get a settlement with his insurance company and what's a fair expectation. Would legal representation be wise, or would simply working with his insurance company and reaching a settlement be more wise? What's a reasonable settlement?

My vehicle was valued at 20K, which was a total loss. Estimated 4-6K in medical, then there's lost work days, lost time for time sensitive education advancement, and now I'm going to have to find a vehicle which is about 6K more than what I had paid for my totalled vehicle.

Any advice is appreciated.


Asked on 11/29/14, 9:46 pm

1 Answer from Attorneys

Yes, you definitely need to hire an attorney and NOT talk to the driver's insurance company or anybody associated with the vehicle that hit yours. The primary reason why you need to hire an attorney is so you can have somebody who is experienced in valuing your claims tell you what is a reasonable settlement under the specific facts of your injuries and related losses, as well as your family members' injuries. These are pretty serious injuries that can have long term pain and mobility issues. Even if you came up with a reasonable settlement number, the insurance company is unlikely to even talk to you about a fair number until you have an attorney who can put a credible threat of litigation behind it.

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Answered on 11/30/14, 8:17 pm


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