• By: John Escamilla, Esq.
A personal injury claim form on a desk with a gavel, symbolizing legal proceedings. - Escamilla Law Firm, PLLC

In this article, you can discover…

  • The first steps to take if you’re considering a personal injury claim in Texas.
  • When you should hire a personal injury attorney.
  • How to avoid insurance tactics that seek to deny your claim.

When Filing A Personal Injury Claim, What Concerns I Might Face, And How Can An Attorney Help?

If you’ve been injured in Texas, your first concern may be accessing medical treatment. Getting your injuries diagnosed and treated is an important first step in filing a personal injury claim, and one of the immediate things an attorney can do is to make sure you have access to quality medical care and treatment.

Additionally, it’s common after an accident to be concerned about your finances. When the breadwinner of your home is injured or killed, the financial cost to a hard-working family is often devastating.

Our firm can assist clients in managing their finances, as well as immediately preserving evidence surrounding the injury. This may involve preserving the vehicle involved in a crash or documenting injuries before they heal so a jury can see their original severity.

Furthermore, any good attorney will also handle all communications with the responsible parties and insurance companies to make sure that you and your family are not taken advantage of.

How Do I Begin The Personal Injury Claim Process After An Accident With Serious Injuries?

The first step you should take is to call a respected personal injury law firm, such as The Escamilla Law Firm. Our firm will immediately send letters out to all potentially responsible parties, instructing them to hold onto evidence. We will also assist you in getting access to medical treatment and in documenting your injuries with photo or video evidence.

It’s also important to note that you should not discuss your case or your injuries with anyone, whether in-person or through social media. Your attorney is the only person you should be in touch with regarding these matters, online and off. This helps ensure that you do not get taken advantage of by insurance investigators whose main purpose is to hurt your case or your claim.

What Are The Most Common Tactics Insurance Companies Use To Deny Or Limit Personal Injury Claims?

One common tactic that you may be faced with is receiving a call from the insurance company immediately following an accident. This puts you on the spot and doesn’t give you enough time to process or realize the nature of your injuries, such as whiplash, that you may not feel for another day or two.

If you give the insurance company a statement on the day of the accident that doesn’t mention injuries or pain, they can use these statements against you to deny a claim. This is why it’s best to speak with insurance companies only with the counsel of an experienced personal injury attorney.

Another tactic insurance companies may use is to dispose of evidence. They may try to quickly pay away damages on a vehicle and have that vehicle scrapped, making it impossible to examine later as evidence. As such, it’s important to allow an attorney to look into the vehicle’s condition and preserve it as evidence for your claim.

These aren’t the only strategies that insurers use to undervalue or deny claims – but both of these tactics provide excellent examples of why it’s important to make calling a practiced personal injury attorney the first thing you do after an accident.

If The Insurance Company Offers A Settlement Right Away, Should I Just Take The Offer?

You should never simply accept an insurance company’s offer without getting input and advice from an experienced attorney. In many cases, your injuries and circumstances are often worth quite a bit more than an insurance company is willing to offer. It pays to allow a diligent and thorough personal injury attorney to take your case, review all offers, and speak for you.

What Happens Next If I Can’t Get A Reasonable Settlement Offer From The Insurance Company?

While it’s best to allow a lawyer to negotiate with insurance companies, you may receive an offer before having the opportunity to call a lawyer. If an offer is extended, but it doesn’t seem reasonable, don’t give up. Get in touch with an attorney who can gather information and advocate for you immediately.

It may be that you find yourself injured, and treatments are ongoing. This means that you can’t really know the full extent of your injuries or the total financial cost of your accident for weeks, months, or even years. For this reason, you never want to negotiate a settlement immediately after an injury, but allow an attorney to preserve evidence, work with you, and make sure that your interests are well represented.

When Should I Hire A Personal Injury Attorney? Should I Wait Until Insurance Denies A Claim Or Offers A Mediocre Settlement?

The best time to hire a personal injury attorney is immediately after an accident. Whether it’s a workplace accident, an on-the-road accident, or a slip-and-fall injury, calling an attorney within one day is best.

This allows critical evidence to be preserved and allows you to get the best legal advice from day one. Counting on insurance companies to be fair or considerate of your injuries can be costly and fruitless. Your best option is to reach out to a reputable and seasoned injury attorney from the very beginning and let them advocate for you. For more information on Filing A Personal Injury Claim In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 628-7569 today.

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