Carthage, TX Personal Injury Law Firms & Lawyers

You should hire an attorney. The attorney will file suit against the driver and the payment will be made by the insurance company. If there is no insurance or the insurance company denies coverage then you should notify your insurance company and proceed with a claim for underinsured or uninsured coverage. By all means hire a lawyer.

You may have a suit. It depends on whether the surgeon's performance was negligent, and whether you have suffered significant damages as a result. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case. You will need a medical opinion as to whether the doctor was negligent, and as to whether the negligence caused the problems you have had since the original surgery. Furthermore, if the problems can be fixed, then your damages may not be significant enough to justify a suit.

Contrary to popular belief, car liability insurance carriers generally do not fund medical expenses prior to the expenses being incurred. And if they do, the personal injury victim wants no part of it.   Before any personal injury victim can consider settlement or what is reasonable for medical expenses they must first identify their medical issue and be certain that the issue has been resolved or the have reached maximum medical improvement. In short, the victim needs to go to a doctor identify the problem and get necessary treatment prior to exploring a settlement with the insurance company.   Many insurance carriers seek to "estimate" the medical expenses which is a very lowball number and asked the victim for a release at the time they advance a small amount for medical expenses. Should the injury proved to be more serious than originally thought, the personal injury victim is one left holding the bag and not the insurance carrier.   Most soft tissue type injuries resolve themselves after periods of time and that time can be shortened with treatment. However, more serious conditions such as a herniated disc -bulging disk can require much more extensive treatment and even potentially surgery.   Insurance carriers also look for any reason to fault your treatment and one of their major areas of dispute is waiting too long to see a doctor. Basically the argument is "if it's so bad why did you wait so long to go to a doctor".   Do not delay but seek treatment and identify your specific medical problem as soon as possible as the most important factor here is your personal health and not necessarily a settlement or lawsuit.