A settlement in a personal injury case is an agreement between the injured person and the liable person that resolves the claim without a trial. Negotiating a fair settlement can require legal finesse, which is what we are here for. If you or a loved one has been seriously injured in an accident, we could help you with every step of the personal injury claim process. We have experience negotiating Houston catastrophic injury settlements that compensate for the damages in an accident.
As dedicated catastrophic injury attorneys, we take the time to explain everything so you fully understand your legal options. We provide clear information about the settlement process—contact us today to discuss your specific situation.
Catastrophic Injury Settlement Process
Catastrophic injury settlements in Houston typically follow a process that begins with filing a claim and ends with the injured person receiving a settlement check.
Filing a Claim within the Statute of Limitations
When an accident occurs due to someone else’s negligence, the injured person may file a personal injury claim with the at-fault party’s insurance company. The state has a two-year statute of limitations, requiring the claim to be filed within two years of the accident. Filing after that deadline may result in losing eligibility for compensation. An experienced personal injury lawyer could help ensure the claim is filed on time and completed accurately with all details about the catastrophic injury.
Proving Liability
Filing a personal injury claim requires proof that the other person is liable for the damages. Proof usually comes in the form of evidence, such as photos of the accident scene, police reports, medical records, witness statements, and expert testimony. A catastrophic injury lawyer could gather evidence to build a strong case in the client’s best interests.
Adding Up Damages
The lawyer wants to ensure the total amount of compensation covers all the damages. Damages include economic and non-economic losses, including:
- Loss of wages
- Disfigurement
- Pain and suffering
- Emotional distress
- Medical expenses
- Permanent disability
- Ongoing medical costs
- Loss of enjoyment of life
- Loss of the ability to earn wages
There could also be punitive damages if the liable person acted intentionally or in an extremely reckless manner.
Negotiations
The liable person’s insurance company could offer a settlement after the injured person files the initial claim, but the amount is often too low to cover all damages. An attorney could negotiate with the insurance company to pursue a fair settlement. If negotiations do not result in a fair amount, the case could proceed to court, and a judge could determine how much compensation the injured person receives..
Payment
If both parties reach a settlement outside of court, they sign the agreement, and the injured person accepts the compensation while waiving the right to file additional claims related to the accident that caused the catastrophic injury. The liable party could pay the settlement in a lump sum or through scheduled payments.
Discuss Catastrophic Injury Settlements with a Houston Attorney
It is natural to be worried about your financial situation after a serious injury that requires a lot of medical attention. Medical expenses are astronomical, and if your insurance does not cover everything, you may not be able to afford the care you desperately need. That is why you need to discuss your situation with an attorney.
We have handled Houston catastrophic injury settlements in the past, and we can take care of your settlement as well. Our job is to help you get the compensation you deserve after your accident. Contact us to schedule a free consultation, so we can begin the process.
Below are just some of the more common types of cases that Benjamin Roberts represents personal injury clients.
For a full list of the cases we handle, please see the Practice Areas link at the top of the page.