FAQS

FREQUENTLY ASKED QUESTIONS

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Court House — Wichita Falls, TX — Ostovich & Associates

Automobile Accidents

  • Q: Can I recover even if the accident was my fault?

    Whether you can recover if the accident was your fault depends on the laws involved and the type of case. Some states do not consider fault with regards to some damages, and in those states some of your economic losses may be paid by your own no-fault policy. Other states consider fault, but you may still be able to recover for your injuries, even if the accident was partially your fault. However, in that case, you may be required to prove that the other party's fault was greater than yours or to reduce the amount of your compensation by your percentage of fault.

  • Q: Who can I sue to recover my damages?

    An accident victim may be able to sue parties other than the at-fault driver. For example, if the at-fault driver did not own the car, the car's owner may also be responsible for your damages. If the at-fault driver was impaired from consuming too much alcohol, you may be able to bring a "dram shop" complaint against a business that served alcohol to the driver even though he was obviously impaired. In some cases, you may be able to bring an action against another party, such as an automobile manufacturer or construction company for defects in the vehicle or the roadway if they caused the accident. If a tractor-trailer crashes, the driver's violation of rules and regulations may be the basis for a lawsuit against the driver or his or her employer.

  • Q: What is my case worth?

    Case value pends on several factors and cannot be determined without analyzing information regarding the injury, medical bills, loss of income, and permanency of the injury. There is no magic formula, and each set of facts results in a different value of damages.

  • Q: Will I have to go to court?

    Not necessarily. Most auto accident cases are concluded without even filing a lawsuit. Most lawsuits are settled without an actual trial. A settlement avoids the delay and costs of a trial and can result in a greater net recovery. However, if the case cannot be settled satisfactorily, it may be necessary to take the case to trial.

  • Q: Where will the money come from to compensate me?

    The at-fault party's insurance typically pays for your damages in many states, however, if in a no-fault state, your own insurance may pay for some of your damages. If the at-fault party is not adequately insured, your own insurance policy might contain coverage which will compensate you for your injuries.

  • Q: How long will it take me to receive my money?

    The length of time necessary to conclude your automobile accident injury case depends on several factors. For example, if you received a serious injury, you do not want to settle your claim until you have received sufficient medical care and your physician has released you or your accident-related future medical expenses can be determined with reasonable certainty. Thus, the amount of time you need to heal may determine time length necessary to conclude your claim. Cases which go to trial normally take longer than cases which settle.

  • Q: What should I do if I can't afford an attorney?

    Most lawyers accept a personal injury cases on a contingency fee, which means that the attorney's fee is subtracted from any amount that the firm collects for you. If no amount is recovered, then the firm receives no fee, but the client may be responsible for actual expenses, such as court filing fees or witness fees, whether he or she wins or loses. This agreement should be set out in the contingency fee contract.

  • Q: Do I have to see a doctor?

    If you are injured in an automobile crash, you should seek necessary medical attention. Whether or not you have a claim, you should be examined by a doctor, both for your own peace of mind and to document the injury to support your claim. Frequently, an automobile accident injury will not appear right away. Whenever symptoms first appear, seek medical advice from your family doctor, a hospital emergency room, or another medical professional.

  • Q: How soon must I bring my claim?

    Each state sets a time period called limitations during which a person must bring a personal injury claim. Both the length of that period and the way it is measured in motor vehicle collision cases varies from state to state. Even within a state, the time period may vary depending on the circumstances surrounding the accident, such as the plaintiff's age, the type of personal injury claim, the particular facts giving rise to the injury, and even when the injury is discovered. You should be absolutely certain you know the limitation period that applies to you, or you jeopardize your legal rights.

  • Q: Should I accept a check from the at-fault driver or his or her insurance company?

    Accepting a check may be a settlement which prohibits you from obtaining any additional amounts from the at-fault driver or his or her insurance company. Therefore, you should not accept a check or sign a release from the at-fault driver or his or her insurance company until after you have conferred with an attorney. Usually, an attorney will advise you not to accept a check until you complete your medical treatment and been released by your doctor, so you can calculate an amount that adequately covers your medical bills and other damages. An insurance adjuster will try to convince you to settle the claim for the lowest possible amount and discourage you from contacting a lawyer. If so, you should disregard his or her advice, and consult an attorney immediately before signing any release, accepting any payment or otherwise settling your claim to determine you receive fair compensation and do not jeopardize your right to a full and fair recovery.

Insurance Claims

  • Q: Must the insurance company be fair?

    The negligent party's insurance company does not have to be fair to you, it only has to be fair to the party who it insures or has a contract with. The insurance company has to protect their insured and you are a stranger to that contract. The insurance company is looking out for the insured. You will need an attorney to look out for you, evaluate your case and make sure the insurance company treats you fairly.

  • Q: Is it true that if I hire an attorney in a serious case, I am likely to recover more money in settlement than if I try to settle the claim on my own?

    Insurance companies probably believe this is true. There was a study by the Insurance Research Council (a nonprofit group funded by major insurance companies across the nation) titled “Injuries In Auto Accidents” (1999). It found that the average total payout on claims that have an attorney is often greater than those claims where the injury victim settled on his or her own, and attorney represented claimants accounted for a disproportionately high amount of total claim dollars paid for most coverage categories.

    Allstate documents show represented clients in many cases get 2 to 3 times the amount unrepresented clients get. The insurance companies know if you have a serious injury and hire a good attorney you have a good chance of getting more in settlement, even after deducting the attorney's fee.

  • Q: Why do I have to give you a recorded statement when you can get information about the accident from the police report?

    Beware the insurance company will attempt to use your own statement against you! In many accidents a police report is filed and the insurance company has easy access to this report (it just takes a request and small fee). So why is a recorded statement necessary? Most companies have policies requiring the adjustor to get a recorded statement to uncover any information the accident victim might reveal which could be later used to either deny the claim or pay out less money at the time of settlement. Regarding your own insurance company, you are probably contractually required to give them a statement. They may ask for it to be recorded, and in some cases demand a sworn statement under oath. Before you say something to hurt your case, consider consulting an experienced injury accident trial lawyer.

  • Q: If I give you a recorded statement, can I then get a recorded statement from your own insured, i.e., the other driver?

    No. This will never happen. Although it seems fair the insurance company will not allow this as it is generally perceived not to be in their insured's interest.

  • Q: Why do I have to give you an unrestricted medical authorization before I can settle the claim?

    The adjustor wants your past medical history and to find anything about your prior health which will help the company either deny your claim or pay out as little as possible. By using a lawyer, the lawyer prior to suit will only submit what’s pertinent.

  • Q: Shouldn’t I wait to settle the claim until my medical treatment concludes, or until I’m sure that I have made a full recovery?

    The insurance company knows the sooner you settle the claim the less money it will have to pay out. Once you settle the claim you can’t reopen the case if it turns out your injuries are worse or if you need more treatment as recommended by your doctor. Most insurance companies have written directives in place to its claims department to settle every claim as quickly as possible so the accident victim can’t reopen the case later if the person’s condition gets worse. So it’s smart to wait to settle your claim so you know all of your injuries and any future care which may be necessary.

  • Q: If you are claiming that my medical treatment is unrelated or unnecessary what medical proof do you have?

    The adjuster usually will not divulge any because in most cases its just their opinion.

  • Q: Will the insurance company write my doctor for a comprehensive report that details all my injuries, as well as my future injury effects and treatment needs.

    Not usually. In most cases they rely on doctors who work with peer review companies they do business with all the time. 

PERSONAL INJURY

  • Q: I've been hurt in an accident and I want to file a claim for my injuries. What's the first thing I should do?

    There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, such as:

    • write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you've suffered as a result of the accident;
    • make notes of conversations you have with people involved in the accident or the injury claim;
    • preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs;
    • locate witnesses to the accident and who might be able to help you prove your case;
    • notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries, especially if a government agency or employee may be involved; and
    • contact a personal injury attorney to evaluate and pursue your claim.

  • Q: How do I know if I have a personal injury case?

    First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was the result of someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Personal injury claims are often based on a variety of non-physical losses and harms. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.

  • Q: How soon after I am injured do I have to file a lawsuit?

    "Statutes of limitations" vary from state to state. These limitations are the deadline by which a personal injury lawsuit must be filed. Some states place a one year limitation on filing injury lawsuits. If the deadline for filing your case is missed, your claims can be dismissed. As a result, as soon as you receive or discover an injury it is important to speak to an attorney.

  • Q: When I meet with a lawyer, what should I bring?

    Bring any documents which relate to your case such as police reports, eyewitness information, copies of medical reports and bills from doctors and hospitals, the at fault party's insurance information (if any), photos of your injuries, photos of property damage and photos of the accident site. The more information you can supply to the attorney the better able she/he can evaluate and present your claim. Do not put off the first meeting to gather documents as the attorney can help with this.

  • Q: What an injury lawsuit is not filed before a person dies?

    If the person died later from the personal injury, the heirs can file a wrongful death action. When a person dies of unrelated causes, an executor or personal representative may be able to bring the claim forward.

  • Q: How is negligence defined?

    Negligence has a legal defination; however, it boils down to not acting like a reasonable person and not exercising ordinary care. This is the standard used by the jury. The critical issue in many personal injury cases is just how a "reasonable person" was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like the standard "ordinary reasonable person." The determination of whether a given person has met his/her "ordinary reasonable person" standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.

  • Q: Is there another way to hold someone accountable if I can't prove someone is negligent?

    In some circumstances, yes. The law allows for "strict liability" for certain actions because they are inherently dangerous. Some examples where the law has enforced strict liability are:

    • Keeping a dangerous animal,
    • Knowingly making an unreasonably dangerous product, or
    • Setting off explosives.

  • Q: How is the liable person punished?

    Civil cases are different from criminal cases where a criminal defendant can be fined or imprisoned. A court in a civil case can award "punitive damages" in limited fact situations to "punish" the defendant and discourage certain types of bad behavior. Texas courts are very strict on punitive damages.

  • Q: If I win my injury case, what do I get?

    The damages you will be awarded to be paid by the negligent party are medical bills, lost wages, property damages, pain and suffering, mental anguish, disfigurement, impairment and scarring. The negligent party's insurance company will pay these damages under its agreement or contract with the negligent party. These monetary damages represent the cost to return you to the position you were in before your injury.

Animal Bites

  • Q: What should I do if I have been attacked by an animal?

    First seek medical care for your injuries. It is imperative to get as much information about the animal and its owner as possible. If you are attacked by a wild animal or an animal which cannot be found, your doctor may prescribe protective rabies shots, a painful experience.

  • Q: What if the animal that attacked me has an owner?

    If you were attacked by a dog with an identifiable owner, you may be entitled to compensation for your injuries. Try to gather some basic information about the owner of the dog, such as name, address, telephone number, and insurance information; act much in the same way you would act after having a traffic accident with another driver.

  • Q: How do I make a claim for my injuries?

    Pursuing a claim for injuries caused by an animal attack is usually consists of contacting the insurance company of the animal's owner. Although the insurer will likely try to convince you that you do not need an attorney, don't take this bad advice. It is in the insurance company's best interest to talk you out of getting legal help, so make sure to consult with an attorney to protect your rights. You are ALWAYS entitled to confer with an attorney.

  • Q: Do I have to show that the animal was vicious in order to recover?

    Sometimes. If you are bitten by a dog that has never shown signs of aggression, the owner might be able to argue that he could not have prevented the attack because he had no reason to know that the dog would bite and may argue the dog was provoked by some source. In contrast, if the attack is by a guard dog or a dog bred for aggression or fighting (like many pit bulls), or the animal has shown aggression in the past, the owner may be liable for not taking the necessary steps to prevent your injuries. Again, the best way to make a claim arising out of an animal attack is with an attorney who can help you determine your rights under a given set of facts.

  • Q: Assuming I have a claim, what kind of compensation can I recover?

    The answer depends very much on the facts of your case. Certainly, you should be able to recover your medical expenses, as well as any lost wages. If the attack has left you scarred or disfigured, you can probably recover the costs of any cosmetic surgery necessary to correct the problem and for the residual effects of the scar. You may also be entitled damages for pain and suffering, and, in truly terrible cases, you may even be able to recover "extra" damages to punish the animal's owner if he is guilty of serious wrongdoing.

  • Q: What will happen to the animal and his owner? Will they get in criminal trouble?

    Here again, the facts determine the answer. If the attack was by an otherwise good-natured family pet with no history of prior attacks, probably nothing will happen to the dog or its owner, perhaps quarantining the animal at a secure location. However, if the dog has a history of attacks, the authorities may find that it is dangerous and have it "put down." A recent law enacted in Texas makes it possible for the animal's owner to be held criminally liable in cases involving death and serious injury. But, as with all things legal, the facts will determine the outcome.

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