Legal Question in Personal Injury in Texas

settling a car accident claim

My husband was broadsided a year half ago by a woman that ran a stoplight. Our car was totaled and he suffered a herniatesd disk in his neck. He has gone to PT, but still has some pain and some stiffness. I am not sure what he is going to do next for his neck, if anything.

My question is what is realistic for him to ask for when he settles this case? Of course, he is contacted frequently by the other ins. agent wanting him to settle. Is it necessary for him to be represented by a lawyer? We had just installed an engine into our car that was totalled and were out $4,000 from that as well. Is the engine something he can ask to be compensated for? Just trying to decide what the next best thing to do is. Thanks!


Asked on 1/18/04, 9:53 pm

4 Answers from Attorneys

Dan Street Street Law Firm

Re: settling a car accident claim

Attempting to settle a case like this by yourself is a little like performing home brain surgery: You can do it if you want to, but it's not really a very good idea. You should hire a competent personal injury lawyer and let him do the work for you. He will know exactly what to say and not to say to the insurance company and, more importantly, how to maximize your settlement. A good attorney can get you far more than you could get for yourself, even after deducting his fee. Handling the case yourself has already resulted in a loss of $4,000 on your property damage claim alone. Be wise and hire an attorney to negotiate your bodily injury settlement.

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Answered on 1/19/04, 1:14 pm
Brandon Manus Manus Law Office

Re: settling a car accident claim

You message seems to state that your husband was injured a year and a half ago. You only have a two year statute of limitations to either settle the case or file suit. After that, you cannot pursue a claim. You've already waited so long, you may have difficulty obtaining an attorney. Don't wait another day, talk to some personal injury attorneys NOW and preserve your rights.

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Answered on 1/19/04, 7:02 pm
David Leon David L. Leon, P.C.

Re: settling a car accident claim

There are several areas in which you and your husband may seek compensation, however, it is very fact specific. I STRONGLY recommend your hiring a lawyer that you trust--the sooner the better.

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Answered on 1/18/04, 10:23 pm
Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

Re: settling a car accident claim

Your husband may have an injury which will affect him for the rest of his life.

Even if he was not injured and you only had the property damage to consider you should contact an attorney to evaluate your case.

Most attorneys who handle these types of cases do not charge for the initial consultation, so there is no real downside in having a lawyer look at it for you.

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Answered on 1/18/04, 11:47 pm


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