The victim’s attorney will play a vital role in the investigation, damage calculation and settlement negotiations. As mentioned previously, the process can be lengthy depending upon the nature of the accident and severity of the injuries sustained. This post will examine the various reasons the process may become protracted. If you have been injured, we recommend that you contact a lawyer as soon as possible after the incident to preserve your legal rights.
As discussed in the previous post, depending upon the seriousness of the injuries sustained in that accident, a victim’s long-term medical prognosis may be difficult to ascertain. As part of the damage calculation process, your attorney will be involved in the medical professionals treating you and receive regular updates about your condition. Other experts, such as vocational specialists or economists may also be involved in estimating the impact on your ability to return to work or earn wages in the future as a result of the prognosis. To adequately present a damage calculation to the insurance company, it is in your best interest to allow the professionals the requisite period of time to arrive at their conclusions. Settlement agreements contain permanent waivers and releases that will prevent an injured party from reopening a case. If a settlement is reached prematurely, a victim may not be fairly compensated.
For example, if a man in his early twenties suffers a serious brain trauma in a workplace accident, it may take several surgeries and months of treatment to understanding whether or not he will fully recover. Surgeons and neurologists may not be able to ascertain whether the person will regain other physical faculties caused by the brain injury, such as eyesight or speech for a significant period of time. All of these issues will impact whether the victim can return to his profession prior to the injury or any profession at all. A wage expert or economist’s review of earning potential will also be based upon the prognosis. Given the age of the victim, the damage calculation may be large if it is determined that he will never work again. If encouraged to accept a hasty settlement, his family permanently preclude themselves from recovering the appropriate damages.
Unfortunately, some law firms purport to reach quick settlements on behalf of their clients. In catastrophic injury cases, however, it is It is important to understand that this approach may not be in the best interest of the victim. We recommend hiring a law firm with the resources to commit to your case for as long as necessary to obtain the best result. These recommendations apply regardless of whether the incident took place in Fort Worth, Dallas, or another Texas area.