Legal Question in Personal Injury in Texas

i have a 2006 chevy aveo that was involved in a car roll over where i was unresponsive for 15 min they flew me to hospital my air bags didn't deploy do i have a case

Asked on 8/26/09, 6:43 pm

2 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

If the med expenses and lost income are substantial because that will be expensive us if you want to discuss

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Answered on 8/26/09, 7:17 pm
Chuck Cowan The Law Offices of C.D. Cowan, P.C.

First let me say how elated I am that you survived. I see many cases each year where there are no survivors.

The blunt answer to your question is "YES" you probably have an actionable suit. I cannot confirm this fact without a lot of additilonal information including a careful look at the Peace Officer's Accident Report, the accidnet scene itself, and a careful inspection of the actual Aveo that you were driving \ riding in at the time of this accident.

Even though your accident itself is very likely "Actionable", the important question for you (and any one else in this same or similiar situation) is whether the prosecution of this matter is an "economically feasible" one. By "economically feasible" I am referring to a simple balancing test of your actual damges in \ from the accident VS. what it will \ would actually cost to prove up the liability against GM \ Chevrolet and the full extent of your actual recoverable damages in a matter like this ( I.E.your past AND future medical bill; pain and sufferring, mental anguish, physical impairment and lost earning capacity) .

The costs of finding and retaining a court qualified expert(s) to do this will be somewhere between a low of $25,000.00 to a high of $ 250,000.00 depending on the actual facts of your case and what the product defect is \ may be.

Quite simply put, if it costs more to prove than you have in actual damges then your case is not "economically feasible".If it does not then your case is a matter of how economically feasible it is.

The Insurance industry's "Tort Reform" project and the resulting Pro Big Business legislation they got here in Texas has made the costs of proving a lawsuit like this very expensive and keeping a jury verdict very risky.

Our firm would be happy to help you evaluate the economic feasibility of your case. In the meantime, do not give any medical authorizations or statements of any type (about the accident, your injuries and\or the car) to anyone until you can speak with a competent lawyer who practices in this specilaized area of the law. Also, do not relaese control of the Aveo to anyone!!! Simply put "No Car, No Case". We look forward to teh possibility of hearing from you further..

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Answered on 8/26/09, 7:23 pm

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