Legal Question in Personal Injury in Texas

No more wins for auto acc. victims in TX courts?

I was rearended by the Time Warner Cable guy two months ago, and he was ticketed for failure to control speed. I got whiplash from this, and ever since, I have been having major trouble with my jaw locking up and giving me lots of pain. I'm seeing a chiropractor, who tells me that juries pretty much award nothing nowadays for injury. The ins. lady was very rude and told me the same thing. She wanted me to settle for $1,000, although the bills are already higher. If TX juries are so tough lately, should I just give up and take whatever they offer me? Or should I get a lawyer and try to get more, possibly getting the same tiny amount and having to split with the lawyer?

Asked on 4/07/03, 2:28 am

2 Answers from Attorneys

Brandon Manus Manus Law Office

Re: No more wins for auto acc. victims in TX courts?

Your doctor is not an attorney. Some juries don't award large fees because they have bought into the tort reform fable and worry about their insurance rates going up. I recommend that you retain an attorney; you may need to file suit. The police report seems to clearly state liability, but unless you have an attorney, the insurance company feels no need to pay more. If you are in the Dallas-Fort Worth metroplex, please call us at 972-298-4641 or 800-541-4641.

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Answered on 4/07/03, 9:45 am
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: No more wins for auto acc. victims in TX courts?

Your decision is a gamble. It all depends on whether the lawyer can improve on your recovery by more than he will charge, typically 1/3rd before a suit, and 40% after suit is filed, PLUS expenses. The insurance adjusters know this, which is why they lowball unrepresented people like you. Unfortunately, too many people who sit on juries have bought into the insurance industry propaganda on "lawsuit abuse" and have, as a result, become very tight-fisted with insurance money for personal injury claims. Alot of people are going to have to get burned by tort reform before the pendulum swings back to help injured people.

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Answered on 4/08/03, 7:03 pm

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