| Many clients of ours, in our experience, just want fair | | | | considered a windfall or double recovery. |
| compensation to cover injuries from an auto accident. | | | | First, under a principle known as "subrogation" your |
| They don't intend to get rich or get something for | | | | health insurance plan (based on the plan documents) |
| nothing. However, what is the definition of "fair | | | | and your employer's workers' compensation carrier |
| compensation?" | | | | (under Texas law) may be entitled to receive payment |
| There is no formula for calculating the amount of | | | | from your recovery for what they pay out. Therefore, |
| compensation you can collect. A variety of factors are | | | | in order to be adequately compensated you must |
| considered, whether by your lawyer and the insurance | | | | receive maximum payment from auto insurance in the |
| company in negotiations or by a jury in court, in | | | | event your health insurer or workers' comp carrier |
| determining fair and just compensation. These factors | | | | makes a subrogation claim against your recovery. |
| include severity of the accident, how severe the | | | | Second, if the at-fault driver's insurance company limits |
| injuries are, how the injuries affect the victim's ability to | | | | your injury compensation just because you have paid |
| work and day-to-day life, and extent of hospital | | | | for health coverage, or paid increased auto insurance |
| treatment, just to name a few. Aggravating factors | | | | premiums for "PIP" coverage (Personal Injury |
| such as drunk driving can both speed up settlement | | | | Protection), or have attained sick days or paid |
| and affect the settlement amount. | | | | vacation, the adverse insurer is taking complete |
| Fair compensation certainly includes more than just | | | | advantage of the fact that you are a responsible |
| reimbursement for your costs of medical treatment. | | | | person and diligent worker. If you use up your sick |
| Under Texas law, a personal injury victim may collect | | | | days because of injuries as a result of the auto |
| compensation for--o Costs of medical treatment | | | | accident, those days will not be usable for other types |
| already incurred,o Medical expenses yet to be | | | | of health problems. If you sacrifice to get extra |
| incurred,o Lost wages,o Loss of earning capacity,o | | | | coverage, the at-fault driver's insurer should not get the |
| Physical pain,o Mental or emotional suffering,o Physical | | | | advantage of you. |
| impairment,o Property damage, ando Other | | | | In the end, we believe that you obtain a larger amount |
| miscellaneous losses. | | | | of compensation through good legal representation |
| In some instances, the injured person's family could be | | | | than you would by going it alone. In fact, we believe |
| entitled to compensation, depending on how severe | | | | that when it is all said and done you keep more dollars |
| the injuries are and their dependence on the injured | | | | with a personal injury attorney, even after attorney |
| person. | | | | fees and expenses are deducted, than you normally |
| You are entitled to compensation for medical bills even | | | | could get on your own without a lawyer. Until you |
| if those bills already have been paid by a health | | | | retain a trial lawyer, the insurance company is unlikely |
| insurance plan. The same is true for lost earnings, even | | | | to offer fair compensation because the insurer knows |
| if you take sick days or receive worker's | | | | that you won't be ready to take your case to court. |
| compensation benefits. This, however, is not | | | | |