Personal Injury - FAQs and Info

How Are Injury Claims to Minors or Children Handled?

A “minor” is defined in several statutes and in various ways in Texas. According to the Texas Family Code, a minor is someone under the age of 17. According to the Texas Criminal Code, a minor is someone under the age of 18. If a minor is 17 years old and managing their own finances, or if they are 16 years old and living apart from their parents and managing their own finances, they may be “emancipated” under the law, transforming the minor into an adult.

Without the assistance of a parent or guardian, minors are unable to file lawsuits. Car accidents, fireworks, playground fires, defective products, brain injuries, and swimming accidents all pose risks to minors. Children are also susceptible to harm and violence. Minors are put at risk by mistreatment by those in positions of authority, riding as passengers in vehicles, and learning to drive.

All of the above-mentioned dangers can result in bodily harm or death. Child injuries can incur significant costs and out-of-pocket expenses for the rest of the child’s life.

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What Kind of Auto Insurance Is Used for Auto Accident Claims?

The following types of insurance are typically required and used in auto accidents and injury claims in Texas. See the descriptions and pages that go with them below.

1) Automobile Liability Insurance:

In Texas, all drivers are required by law to carry liability insurance. Auto liability insurance pays for the harm you cause to another person (property or injury) as a result of your carelessness.

2) Uninsured Motorist (UM) and Underinsured Motorist (UIM) Auto Insurance:

Uninsured Motorist Coverage is mandatory insurance that pays for damage caused by someone who is at fault but does not have liability insurance.

3) Personal Injury Insurance:

Personal Injury Protection (PIP) is insurance that liability insurance companies in Texas are required to offer and is used to pay you, the covered person, for various expenses incurred as a result of an automobile collision.

4) Medical Payments Coverage, also known as MedPay:

MedPay is an optional insurance policy that can be added to an auto policy and typically covers only a portion of the covered person’s medical bills.

5) Insurance for Collision, Comprehensive, Rental, and Towing:

Collision Coverage pays for collision-related damage to the covered person’s listed vehicle, with a deductible typically paid by the insured.

Comprehensive Coverage protects the covered person’s listed vehicle from damage caused by a variety of “other than collision” causes, such as theft, fire, and so on.

Towing Insurance covers the cost of towing your vehicle up to the limit specified in your auto insurance policy.

Rental Insurance covers the cost of a car rental while your vehicle is being repaired under the terms of your auto insurance policy.

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What Are the Different Types of Things You Can Recover for an Injury Claim?

Personal injury attorneys use the term “damages” to describe how you were harmed or lost money in your personal injury or wrongful death case. In other words, if you have one or more of the following types of injuries, Texas (and most other states) law allows you to recover money to compensate you for the harm caused by the negligent conduct (or the damage that was caused, or harm that was caused, or loss that was caused). If you have proof of the claimed damage or injury, the person or company responsible for the accident or injury may be forced to pay for the following injuries or damages.

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What Does a Lawyer Charge for a Personal Injury or Auto Accident Case?

We charge a contingency fee in personal injury and auto accident cases. A contingency fee is a percentage of what we are able to recover on your behalf in your case, and it is “conditional” on our ability to recover. We don’t get paid if we don’t recover, and you owe us nothing.

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If I Have Been Injured in an Accident, Do I Need to Hire a Lawyer?

If you are injured as a result of another person’s negligence and failure to share the road safely, you may be able to sue them for compensation. Doug Goyen’s Dallas law firm can help you maximize your recovery. We can help you if you need the services of a Dallas accident lost income attorney.

To determine whether you need the assistance of a lawyer, you must first answer a few questions. You probably don’t need a lawyer if your case is simple and your bills are small… In fact, if your case is too small, you may be unable to find one.

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What Information Does the Attorney Need From Me in an Auto Accident Case?

The first step is to contact the Law Office of Doug Goyen at (972) 599 4100 to schedule a complimentary phone consultation to discuss your situation.

If you have been injured as a result of another’s negligence or wrongful acts, there are several steps you should take to avoid being financially responsible for another’s bad behavior.

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Is My Injury Serious Enough to Need a Lawyer?

Many major injuries caused by someone else’s negligence are obviously serious enough to necessitate the assistance of an experienced lawyer – death, paralysis, serious burns, injuries requiring surgery, disabling injuries, and disfiguring injuries are all examples of obvious injuries that necessitate the assistance of an experienced lawyer.

What about other types of accidents? Whiplash, strains, sprains, partially torn ligaments, and other injuries These are the types of injuries that insurance companies commonly refer to as “soft tissue” injuries. Insurance adjusters frequently dismiss soft tissue injuries as if they aren’t real injuries. A stroke and a heart attack are both soft tissue injuries, as the insurance adjuster is well aware.

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What Does Lawyers Do for the Injury Part of the Claim?

Your personal injury lawyer will ask you not to speak with any insurance company about your claim until we can discuss what you can and cannot discuss with insurance personnel. When you speak with people in positions “opposite” to yours, they frequently listen for and “hear” what they want to hear. This means they will interpret what you say in a way that favors what they want you to say rather than what you actually said. What an insurance company “wants” you to say is something that will give them a reason to either not pay you or reduce the amount they owe on your entire claim.

What else does a personal injury or accident lawyer in Texas do? You should have your lawyer deal with the insurance company, or at the very least be on the phone with you, so that the insurance company personnel does not misinterpret what you say.

We will evaluate the facts of your case and be open and honest with you about the strengths and weaknesses of your case. This is done so that you can make an informed decision about your case’s next steps.

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What Is the Value of an Injury Caused by Negligence, Such as an Auto Accident?

First and foremost, if you were seriously injured in an accident, or if your financial health is jeopardized as a result of the accident, you should consult an attorney before settling your claim. Real injuries typically result in real medical bills, some with liens, and real issues with multiple insurance companies, including auto insurance companies, health insurance companies, Medicare, Medicaid, and/or Workers Compensation. Personal injury claims settlement has evolved into a maze of twists and turns that can catch even the most experienced adjusters and attorneys off guard. Injury claims have become more difficult to settle as health and liability insurance have become more complicated.

If you were not injured but were seen by a medical facility and owe some small bills as a result of the visit, or if your injury was minor, there are a few steps you can take to settle your case without hiring a lawyer and avoid paying or owing bills that the insurance company should have paid.

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How Long Will It Take to Get Settlement for an Injury Claim?

There are several factors that determine how long it takes to settle an auto accident injury claim (or other types of personal injury claim). How long you need to treat, liability disputes, disputes about your injury, the insurance company involved, number of parties involved, the severity of the injury, if anyone involved declares bankruptcy or goes into receivership (defendant or insurance company), how long a person tries to handle the claim on their own before hiring a lawyer, and whether a lawsuit is needed all are factors.

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If an Insurance Adjuster Is Investigating My Injury Claim, Do I Need a Lawyer?

See: Adjuster Investigating. If you are injured, you should always consult with a personal injury attorney. The insurance company hires experienced adjusters and lawyers who will look for reasons to deny or avoid paying a portion, if not the entire amount of your claim. If you have an experienced personal injury lawyer working on your case, he or she can assist you in avoiding the mistakes that those who do not hire a lawyer make. The amount you receive will more than cover the cost of your attorney if you hire an experienced personal injury lawyer.

If you were hurt in a car accident, you’ll need the help of a personal injury lawyer who specializes in car accidents. If an adjuster is investigating your claim, you’ll need a lawyer who is familiar with the type of accident you were in, such as car accidents, truck accidents, motorcycle accidents, pedestrians hit by cars, or bicycle riders hit by cars.

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Can an Auto Accident Cause an ACL Tear in Knee?

See: ACL Tear in Knee. ACL tears occur as a result of a sudden extreme twisting or hyper-extending of the leg/knee during an auto accident. The most common knee injury sustained in a car accident is a sprain, strain, or broken ACL. Do not listen to an insurance adjuster who tells you it can’t happen.

ACL injury can be caused by sports injuries, trauma, car accidents, falls, rough landings, abrupt changes in direction, stiff-legged landings, knee rotating on landing, planting your foot into the ground very hard when cutting to the opposite direction, landing flat on your heels.

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Can an Auto Accident Cause a Rotator Cuff Tear in the Shoulder?

See: Rotator Cuff Injury. Car accidents can cause rotator cuff injuries, including tears to the rotator cuff that may require surgical repair. With a rotator cuff injury, the sporting world often dominates how we hear about rotator cuff injuries. Often people do not think outside of baseball when it comes to a rotator cuff tear. The reality is that rotator cuff injuries happen from traumatic injuries such as auto accidents. Insurance adjusters may try to argue that a rotator cuff tear does not come from an auto accident – this is not accurate.

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Can an Auto Accident Cause a Detached Retina in the Eye?

See: Detached Retina. Yes, an auto accident can cause a detached retina. A severe automobile accident can have long-term negative effects on a person that can take years to overcome. A car accident can put a strain on a number of internal organs, resulting in pain, bleeding, and long-term disability. A break or tear in the retina can occur if an accident victim’s head collides with a forceful object, such as a window, steering wheel, or windshield. If left untreated, this tear can cause a retinal detachment, which can result in permanent damage to one or both eyes and, in extreme cases, blindness.

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Can an Auto Accident Cause a PVD Injury to the Eye?

See: PVD Eye Injury. Trauma such as the trauma from an auto accident can cause a PVD eye injury. Rapid changes in velocity, broken glass, deployment of airbags, not wearing a seatbelt, and contact with various objects from the accident are some of the factors that are likely to cause eye injuries during a car crash.

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Can the Trauma of an Auto Accident Cause Serious Floaters to Develop in My Eye?

See: Eye Floater Injury. If you notice spots or other visual changes after an accident, you may have developed eye floaters or a more serious problem.

Eye floaters frequently appear in your field of vision as dark shapes or transparent threads. As your eyes move, these spots will move with them, eventually drifting out of your visual field. Eye floaters occur when the vitreous gel — the clear fluid that fills the majority of the eye — breaks loose and clumps together, resulting in dark flecks that interfere with normal vision. A car accident’s high impact can cause victims to develop eye floaters, which could be a symptom of a sight-threatening injury such as a retinal tear or retinal detachment.

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Go Back to: Dallas Personal Injury Lawyer – FAQs Part 1

By Doug Goyen,

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Client Reviews
You want a great lawyer who keeps you informed on whats going on speaks with you personally and gets the job done call Doug Goyen. He is excellent & very professional you wont go wrong choosing him!! Thanks again for all your help Mr. Goyen! Socorro V.
Very efficient staff. I am VERY pleased with this firm. Gina W.
Very professional job handling my accident claim. I had some ER bills, and some visits to my ortho after (and various other bills that kept coming in). I was afraid I was going to get stuck owing money, but Doug Goyen took care of the case and had everything paid, including compensating me for the injury. Great lawyer IMO. I felt like my case was taken care of very well. Thx!! Bernard M.
Doug is a great attorney. He took care of my auto accident claim promptly, and answered any questions I had. I also had one of my hospital bills go into collections for non-payment. I was able to contact Doug a year after the accident, and received a copy of the check the hospital claimed they didn’t receive. I highly recommend this guy. David J.
The Law Office of Doug Goyen helped me recovery every bit I was owed on my claim. Very happy I used them. They knew what they were doing, and kept me informed. I felt taken care of the whole way. You wont go wrong using them. Arthur H.
Mr. Goyen helped me take on my own insurance company, the great and mighty Allstate. My prior firm basically dumped me, with a permanent injury because the case didn’t meet their financial guidelines for a settlement. I was a bicycle rider hit by a car driver at an intersection, and Allstate was the company on BOTH SIDES OF THE CLAIM. My own insurance company tried to throw me under the bus to limit their payout! Without Mr. Goyen’s help, I would have been left with NOTHING! I had thousands of dollars in unpaid medical bills, unable to receive treatment to correct the issue. He was unafraid and helped me get the best settlement I could … I am tremendously thankful! Pamala M.