Frequently Asked Questions
Answers from a Beaumont Personal Injury Attorney
Can I file a claim if no one is at fault for my accident and injury?
If you believe that no one is at fault for the accident that left you injured, we urge to you let our Beaumont personal injury lawyer review your case. While not every personal injury claim will call for legal action, there have been numerous instances in which a liable third party is identified when the victim at first believed that no one was at fault.
If you were injured in a slip and fall accident, for example, it may seem as if there is no one to directly blame for the injuries that resulted; however, upon closer inspection of the case, we may find that the business owner failed in his or her responsibility to take the proper safety measures for avoiding such accidents. Don't assume that no one is at fault for your accident. Instead, contact us at The Daspit Law Firm to schedule a free consultation with a lawyer who can review your case and determine if and where liability can be established.
If I was partially at fault for my accident, am I still allowed to file
a claim for compensation?
Typically, you can still seek compensation through a personal injury claim or lawsuit even if you were partially at fault for the accident. Texas abides by the method of "comparative fault," which allows for partial compensation to be paid to victims who are found to be partially at fault for their own injuries. For example, an injury victim who is 25% at fault for his or her injury can still seek damages; however, these damages will be restricted to 25% less of the total that would otherwise be received. If you are found to be 51% or more at fault for your accident, then the state will not permit you to seek compensation through a claim or lawsuit.
How much does representation from The Daspit Law Firm cost?
At The Daspit Law Firm, we work on a contingency-fee basis. Our policy calls for no up-front fees or out-of-pocket expenses, which means no money down for you. We don't work for hourly wages. Instead, we charge only a fraction of the total amount of your settlement or verdict. If circumstances do not allow for a victory on our part, then we will charge you nothing for the legal services that we provided to you. Simply put, if we don't win, then you don't pay!
Do I have to file my claim immediately after my accident or can I wait?
Personal injury claims in Texas are governed by the state's statute of limitations, which sets a two-year limit for filing a claim after an accident. This means that you technically have two years from the date of your accident and injury in which to take legal action; however, we encourage you to do so sooner. The more time that passes after an accident, the easier it is to forget about small details that could play a major role in the outcome of your case. If or a loved one was recently injured, it would be wise to take legal action sooner rather than later. The longer you wait, the more difficult it could be for us to seek a favorable settlement or verdict on your behalf.
Is it possible to avoid going to court?
Many personal injury claims and lawsuits can be settled outside of the courtroom. In fact, at The Daspit Law Firm, we aim to resolve the legal matter as quickly as possible, which often means no court appearances. We prepare all of our cases as if they will go to trial, however, to ensure that we are ready for court should the need arise. Generally speaking, we will only take your case to court if we believe that the settlement being offered to you does not reflect the true amount that you are owed.
If you have more questions about your case, do not hesitate to contact our Beaumont personal injury lawyer for a free consultation.