This is the next post in our series on the handling of back and spine injuries in Austin, Texas. Our last article provided an overview of topics we will be discussing and stressed the need to speak with a personal injury attorney if you or a loved one were harmed by another’s negligence. It is important that you immediately seek medical attention after an accident and that you retain a lawyer after you have been to the doctor. Failing to immediately seek care can result in the defense claiming that the accident was not the source of your injuries. In this article we will be discussing what one should expect while treating for their injuries.
Many people expect that they will quickly be going to court immediately following an injury. This is not the case, especially in situations involving back injuries. It is always better for a victim to settle without a lawsuit as long as the settlement offer is reasonable. Settling without litigation can result in lower attorney’s fees, lower legal costs (such as investigator expenses), and can save the victim a substantial amount of time. The process of settling a case beings by sending a “demand letter” to the insurance company. It is important to understand that this letter cannot be sent until the victim knows the amount which they will be requesting. This amount includes money for all future medical bills, future lost wages, etc. This means that a long-term prognosis must be available before a demand letter can be sent.
Your case will likely be in a “holding pattern” while you are treating for a serious back or spine injury. Such injuries may involve multiple surgeries, extensive therapy, and it may be time before your long term prognosis is somewhat certain. During this time your attorney will be in regular contact with you and will be obtaining copies of your medical records while you are treating. Counsel will also remain in contact with the insurer so that they know the status of your situation. You do not have to be done treating in order for a settlement demand to be sent; you simply need to be at a point where an estimate of your future needs can be made.
Your lawyer will send a demand letter to the insurance company once your prognosis is available. Counsel will then go back and forth with insurance adjusters and will try to reach a settlement. If a reasonable offer is not made then your counsel will file a case with the local court to initiate a lawsuit. Hiring an attorney who will do more than simply seek a “quick settlement” is important to your future in such situations.
Our Austin back and spine injury lawyers have extensive experience in handling such matters. Our firm also has significant financial resources which means that we are able to see your matter through to completion and to ensure that it is handled properly. If you have been injured due to the negligence of another then contact our office today to schedule an initial consultation. We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.
