One unexpected moment can change your life forever. When you or a loved one suffers a serious injury or an unimaginable loss, it’s natural to feel overwhelmed and unsure about what’s next. Medical treatment, insurance questions, and legal considerations can all come flooding in at once, and everything can seem as high stakes as it is precarious and urgent.
Knowing your rights and what you can do to protect them, however, can make all the difference.
- What Should I Do If I’ve Been Injured?
- What Should I Do If My Loved One Suffers Fatal Injuries?
- When Should I Sue?
- Are There Drawbacks to Filing a Lawsuit?
- Will I Hurt the Person I’m Suing?
- What if I’ve Been Hurt by a Federal Government Employee?
- How Should I Handle Insurance Companies?
- Do I Still Have a Claim if My Medical Bills Were Paid by Insurance?
- When It’s Time to Take the Next Step
To explore essential information about personal injury attorneys and claims, check out our guides on How to Prepare for Your First Meeting with a Personal Injury Lawyer, Statute of Limitations for Personal Injury Cases in Texas, and Settlement vs. Trial: Which Is Better for Your Texas Injury Case?.
What Should I Do if I’ve Been Injured?
Your main priority should be getting medical care. That could mean receiving medical attention at the accident scene, going to an emergency room, and/or visiting your physician as soon as possible after sustaining an injury.
- Your injuries are officially diagnosed.
- You receive appropriate treatments with delay, which can result in better prognoses.
- Your trauma is formally documented, which means it can serve as evidence later.
After receiving medical care, finding out about your legal options can be a prudent next step. This is when you’ll likely want to consult a personal injury attorney and get case-specific answers and advice.
What Should I Do If My Loved One Suffers Fatal Injuries?
If your loved one suffers fatal injuries, taking the following steps as soon as you can will generally be in your best interests:
- Seek immediate support and care: Contact family, a counselor, or a trusted friend for emotional support. This is undoubtedly an overwhelming time, and you don’t have to face it alone.
- Request a death certificate: You’ll likely need this document for various administrative, legal, and financial matters, so get multiple official copies.
- Preserve evidence: Save any photos, videos, witness contacts, documents, and/or other evidence that’s tied to the accident. Any or all of this could be integral to proving negligence later.
- Avoid speaking with insurers: If possible, do not provide an official statement to or sign anything from insurance companies until you’ve had the chance to speak with a personal injury lawyer.
- Talk to a Texas wrongful death attorney: A lawyer can help you understand your rights, investigate the cause of death, and file a wrongful death claim or survival action if you so choose. Please be aware that, in Texas, the surviving spouse, children, or parents of the deceased have standing to file a wrongful death lawsuit.
Speaking with a compassionate personal injury attorney can be an important first step toward seeking justice and holding the responsible party (or parties) accountable.
When Should I Sue?
Filing a personal injury or wrongful death lawsuit is never an easy decision. It’s an option that comes into play when serious harm has occurred, and negligence or misconduct appears to have been involved.
- There’s limited time to file claims.
- A personal injury lawyer can help you weigh your options carefully.
- In the difficult aftermath of trauma, a lawsuit can offer a path to accountability, justice, and recovery.
With all that, it’s usually in your best interests to file sooner, instead of waiting or putting it off.
Are There Drawbacks to Filing a Lawsuit?
While filing a lawsuit can feel intimidating, most personal injury cases are resolved without going to trial—and with the right attorney, the process can be far more manageable than people expect.
Still, there are a few things to keep in mind:
- It can take time: If you file a personal injury or wrongful death claim, your case won’t be resolved overnight. It could take months or longer, depending on the complexity of the claim. Regardless, if you’ve retained a lawyer, (s)he should typically handle the heavy lifting for you, so you can focus on healing.
- The process may be stressful: Reliving the details of accidents and injuries may be uncomfortable or anxiety-inducing, but a supportive legal team can guide and support you with compassion.
- Some personal information may be shared: Certain records may be needed, and you may have to answer some sensitive questions. If that happens, your lawyer can work with you to prepare appropriate answers while protecting your privacy as much as possible.
- Outcomes can vary: There are zero guarantees regarding the results of personal injury claims. Still, experienced attorneys will know how to build strong claims and maximize your chances of success and full, fair recoveries.
For many people, the potential benefits of seeking justice and securing compensation far outweigh the potential downsides.
A knowledgeable personal injury attorney can help you decide whether moving forward with a lawsuit is a judicious move for you.
Will I Hurt the Person I’m Suing?
In most personal injury cases, it’s not about taking someone’s personal assets.
Defendants are typically represented by insurance companies, and any payouts generally come from insurance coverage, not out of a defendant’s own pockets.
On top of that, personal injury and wrongful death lawsuits can:
- Encourage safer behavior
- Hold negligent parties accountable
- Possibly prevent similar incidents from hurting or killing others in the future
- Provide essential financial resources and support to victims and their families.
What If I’ve Been Hurt by a Federal Government Employee?
If a federal employee caused your injury, different rules will likely apply to your situation and potential claim. That’s because lawsuits filed against the U.S. government must follow the procedures and timelines set forth by the Federal Tort Claims Act (FTCA).
If you believe your injury involves a government entity, consult a knowledgeable attorney as soon as you can to find out more about your rights and options.
How Should I Handle Insurance Companies?
Dealing with insurance companies can be an inevitable aspect of a personal injury or wrongful death claim. If you are being contacted by insurance companies—whether or not it’s your own insurance provider—here’s what you can do:
- Cooperate with caution: Say only what you need to, sticking to the facts and concise answers. Feel free to say ‘no comment’ or ‘I’m not prepared to answer that now’ if you need to.
- Avoid official statements: If you’re not prepared to go on record and stick to the facts, don’t agree to provide an official statement. Better yet, consult an attorney first and get specific advice about what to say and not say.
- Don’t assume they’re on your side: Insurance companies are not your friends, allies, or advocates after an accident or wrongful death. Instead, they’re usually looking to pay as little as possible for claims and, ideally, nothing when they can get away with it. So, don’t make the mistake of thinking the insurance company or adjuster is looking out for you. They are not.
- Consult an attorney: If you retain a lawyer, (s)he can handle all insurance company interactions on your behalf, acting as a buffer while pushing back on any tricker tactics they may use to try to undercut or water down your claim.
Do I Still Have a Claim if My Medical Bills Were Paid by Insurance?
Yes. Past medical bills are just one type of damages you may be eligible to receive as part of a personal injury or wrongful death claim.
Other damages can include:
- Future medical bills and treatment costs
- Past and future lost wages
- Emotional trauma
- Loss of consortium
- Property damage
Additionally, whether or not medical bills have been paid will not impact:
- Whether negligence caused the serious accident or deadly injuries
- Your claim to other compensatory damages
So, don’t assume you don’t have a claim simply because some medical bills may have been covered.
When It’s Time to Take the Next Step
In the confusing and traumatic days after an injury or loss, having the right legal guidance isn’t just helpful. It can be downright essential.
If you have questions about what to do after a catastrophic injury or wrongful death—or about a potential claim—talk to a personal injury attorney for confidential information specific to your situation.