Why a client’s personal injury claim is taking so long is one of the most common questions posed to personal injury lawyers.  The answer to such a question can be dependent on a number of different factors. As you know each personal injury claim is unique and poses its own set of challenges. 

One of the most common reasons that a persons case is not moving forward is that they are still treating for their injuries. In personal injury it is virtually impossible to place a accurate value on a plaintiff’s damages until treatment is complete. Therefore unfortunately the only thing that an attorney can do before treatment is complete is to prepare the case for possible litigation.

If it appears that it will be necessary to litigate a case (take the case to trial) then an attorney must take steps to prepare.  These steps could include discovery, depositions, or even mediation.  The discovery process can include having the plaintiff answer written questions posed by the defendant called interrogatories, taking a recorded statement from the plaintiff or defendant, or even having one of the parties produce documentation related to the accident.  In certain cases the parties or the court may believe that mediation of the claim could help to settle it without the need for a trial. The discovery process can take some time to complete, but it is a very important part of being prepared to represent a client.

Therefore whether the plaintiff has yet to complete treatment for their injuries or if the attorney is in the discovery process, it is important to remember that it takes time for an attorney to adequately prepare for the representation. 

Law Office of Albert Lee Giddens

Texas is the second largest state in size, trailing only behind Alaska. The two largest metro areas in Texas are Houston and Dallas-Fort Worth. With such large masses of people in these cities, there is a lot of congestion on the roads. Texas is a beautiful, diverse state full of opportunity and adventure; however, it can also pose many driving obstacles. Many times large cities are labeled “concrete jungles” because of the massive buildings, roads, and people inhabiting them. It can be a stressful place to operate on a daily basis, since the risk of serious injury or death on Texas roads is higher than most places. The outcomes of these accidents can be shocking.

They say when you’re in Texas, that the “Eyes of Texas are upon you.” When you are driving on the roads of Texas, that statement couldn’t be truer. Rush hour in Houston and Dallas-Fort Worth is full of congested highways, interstates, and overpasses. Sometimes the roads look more like a stand-still parade than an expressway. Whoever coined the phrase “rush hour” was spot on. An unfortunate consequence of high traffic areas is high accident potential. Everyone has experienced just such an event where people are rushing from work or home, driving riskier than they should because they are in a hurry. This can lead to accidents with serious injuries and even death. In light of these obvious but often overlooked facts, drivers in Texas should take time to research Texas injury lawyers, so they can be fully prepared in the event of a serious or life altering car accident.

Car accidents involving 18 wheelers or other large vehicles are very visible in metro areas like Houston and Dallas-Fort Worth. Both cities have large oil based economies and it shows with all the traffic on the roads. Trucks alone can cause many accidents, but when there are flammable goods on board being transported, that can lead to catastrophic outcomes. In the event of any accident, you may need to hire a Fort Worth 18 wheeler accident attorney to be sure of your rights on the road. All drivers make mistakes, but when you’re driving an 18 wheeler, your mistake can mean your life, or someone else’s. A University of North Texas student was killed in 2008 when an 18 wheeler fell off an interstate ramp and fell right on top of her car, the driver of the truck was also killed. Additionally, according to the National Highway Traffic Safety Administration (NHTSA) every sixteen minutes a person is killed or sustains injuries in accidents involving 18 wheelers, tractor trailers or semi trucks. This is a staggering statistic and in Texas, with more trucks on the road and a greater population than most states, there is definitely cause for concern.

This article was not intended to prevent you from entering and enjoying large metro areas in Texas, it was intended to make you more aware of your surroundings. Commuters need to go the speed limit and not tail gate when traveling. Additionally, 18 wheelers need to be extra cautious because if they wreck, their mass alone poses a greater threat to all vehicles that surround them. If everyone makes safety a more important priority, injuries and deaths will hopefully be less frequent.

Personal injury and wrongful death claims are valued based on a number of different factors.  One of the factors taken into account is the plaintiff’s economic damages sometimes referred to as special damages. Special damages include medical bills, lost earnings and all other monetary losses resulting from the accident. These damages are usually easy to prove because they can be supported with documentation such as medical bills. 

In contrast non-economic damages sometimes referred to as general damages are much harder to prove and usually require some degree of legal skill in order to maximize recovery.  General damages include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss or impairment of mental or physical capacity and loss of enjoyment of life. 

Under what is called tort reform some states have also enacted a cap on the amount of damages that a plaintiff may recover for non-economic damages. This cap originally proposed by President Bush was intended to reduce insurance premiums paid by the general public, but enjoyed little success in that regard.  Regardless some states have chosen to adopt such caps, thus it is important to contact an experienced legal professional when dealing with non-economic damages.

In rare cases the court may find the defendant liable for punitive damages. Punitive damages are generally not awarded to compensate for injury, but to punish the actions of the defendant. In most states to get punitive damages the claimant must prove that the underlying injury or event on which the request for exemplary/punitive damages is based results from fraud, malice, or gross negligence (1) or is based on a separate statutory provision that both establishes a cause of action and authorizes the recovery of exemplary/punitive damages (2). When punitive damages are sought in medical malpractice claims, they are most frequently based on allegations of malice and/or gross neglect.

Given the complex nature of personal injury or wrongful death claims it is always a good idea to consult with a qualified legal professional.

The Law Office of Albert Lee Giddens