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Tips on getting the best personal injury settlement in McAllen, TX

McAllen, TX – Personal injury law deals with claims that arise when someone is injured due to another person’s negligence. The most common claims brought under personal injury laws refer to motor vehicle accidents – car accidents, truck accidents, motorcycle or bicycle accidents. However, personal injury laws also cover injuries from slip and falls, medical malpractice, or nursing home abuse. As Texas is an at-fault state, the injured party will have to file a claim against the other party’s insurance. This may sound simple, but it isn’t, because if there’s one thing all insurance companies hate it’s paying damages. They’re fine with people paying their premiums and they insist that you pay on time or else, but when it comes to honoring their contract they’ll look for any pretext to minimize the value of your claim. If you were seriously injured in any type of accident caused by someone else’s negligence, you’d better get yourself a seasoned McAllen personal injury lawyer to negotiate with the insurance company.

Tips to help you get the best possible settlement in a personal injury claim

Have a specific sum in mind

In other words, you need to know how much your claim is worth. This depends primarily on the severity of your injuries and the extent to which they impact your daily life. A broken leg is unpleasant, but it will heal in a few weeks, unlike spinal damage that may require surgery and special rehabilitation therapy.

If you do a bit of research, you may find that the average payout for a personal injury claim in Texas is $30,000. This doesn’t tell you anything. Keep in mind that averages are calculated taking into account thousands of minor injuries, barely worth a few thousand dollars. Only an experienced Texas personal injury lawyer can tell you how much your claim is worth and when they do that they’ll be looking at legal precedents and their past cases. 

Don’t jump at the first offer the insurance company makes

Remember that these guys are professionals and they will tell you with a straight face that this is the most you can get and they’ll make it look like they’re doing you a favor. It’s the oldest trick in an insurance adjuster’s book so don’t fall for it. 

Don’t admit to any sort of blame

Take, for instance, a car accident. If you admit to any minor traffic rule violation, like being a bit over the speed limit, the insurance company will use this to reduce the value of your claim using the comparative negligence rule. Keep in mind that Texas uses a modified comparative negligence rule and you may be barred from recovering any damages if the insurance adjuster determines that your share of the blame is 50% or higher. Let your accident lawyers do the talking if comparative negligence comes up.

Know your rights under the personal injury law

In a personal injury claim, you are entitled to seek compensatory damages. According to the definition, compensatory damages are meant to make you whole or as you were before the accident.

There’s the economic damages part which compensates you for your financial losses, like medical expenses and lost wages. On the financial side, yes, you can get your money back, but what about your pain and suffering? This is covered by the so-called non-economic damages and this is a major part of a personal injury settlement.

Money cannot make you forget what you’ve been through, nor can it truly compensate you for a lifetime of misery if you are left with an impairment, but you should at least make the most of it. Texas doesn’t cap pain and suffering damages, except in medical malpractice cases. For other types of accidents, it’s really up to your lawyers to build a convincing case and get you the maximum amount possible. 

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