FREQUENTLY ASKED QUESTIONS
REGARDING PERSONAL INJURY CLAIMS
Q: When is a Plaintiff entitled to recover money?
A: A Plaintiff who was injured as a result of some negligent conduct
on the part of a Defendant is entitled to recover compensation for
such injury from that Defendant. A Plaintiff is entitled to a verdict
if the jury finds:
1. That a Defendant was negligent, and
2. That such negligence was a proximate cause of injury to the Plaintiff.
Q: What is negligence?
A: Texas law defines “negligence” as:
“failure to use ordinary care, that is, failing to do that
which a person of ordinary prudence would have done under the same
or similar circumstances or doing that which a person of ordinary
prudence would not have done under the same or similar circumstances.”
Put another way, Negligence is the doing of something which a reasonably
prudent person would not do, or the failure to do something which
a reasonably prudent person would do, under circumstances similar
to those shown by the evidence. The person whose conduct we set
up as a standard is not the extraordinarily cautious individual,
nor the exceptionally skillful one, but a person of reasonable and
ordinary prudence.
One test that is helpful in determining whether or not a person
was negligent is to ask and answer the question whether or not,
if a person of ordinary prudence had been in the same situation
and possessed the same knowledge, he or she would have foreseen
or anticipated that someone might have been injured by or as a result
of his or her action or inaction. If the answer to that question
is “yes”, and if the action or inaction reasonably could
have been avoided, then not to avoid it would be negligence.
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Q: How cautious must someone be?
A: The amount of caution required of a person in the exercise of
ordinary care depends upon the conditions that are apparent or that
should be apparent to a reasonably prudent person under circumstances
similar to those shown by the evidence.
Q: Is a child held to the same standard as an adult?
A: A minor is not held to the same standard of conduct as an adult.
He/she is only required to exercise the degree of care which ordinarily
is exercised by minors of like maturity, intelligence and capacity
under similar circumstances. It is for the jury to determine whether
the conduct of the Plaintiff was such as might reasonably have been
expected of a minor of her maturity, intelligence and capacity,
acting under similar circumstances.
Q: If an injured person is at fault, can he/she still collect?
A: Comparative negligence is negligence on the part of the Plaintiff
which, combining with the negligence of a Defendant, contributes
as a cause in bringing about the injury. Comparative negligence,
if any, on the part of the Plaintiff does not bar a recovery against
the Defendant but the total amount of damages to which the Plaintiff
would otherwise be entitled shall be reduced in proportion to the
amount of negligence attributable to the Plaintiff.
Q: What is legal cause?
A: The law defines cause in its own particular way. A cause of
injury, damage, loss or harm is something that is a substantial
factor in bringing about an injury, damage, loss or harm.
Q: What if there is more than one cause of an injury?
A: There may be more than one cause of an injury. When the negligent
conduct of two or more persons or negligent acts and a defective
product contributes concurrently as causes of an injury, the conduct
of each is a cause of the injury regardless of the extent to which
each contributes to the injury. A cause is concurrent if it was
operative at the moment of injury and acted with another cause to
produce the injury. It is not a defense that the wrongful act of
a person not joined as a party was also a cause of the injury.
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Q: If I file a personal injury claim, do I have to go to court?
A: If the Defendant’s insurance company agrees to pay what
Kimberly and you believe your case is worth, and you wish to settle
for that amount, then your case will not go to court. This is what
happens in most situations. Some cases do require a formal trial
proceeding, however, in either situation, hiring a law firm with
experience in handling personal injury cases is critical. Ultimately,
the decision to settle or not is yours but Kimberly will, of course,
advise you as to her professional opinion.
Q: How long will my case take?
A: Some cases can be completed in a few months and others might
take years. If the case can be resolved without filing a lawsuit,
it typically takes much less time. If litigation is necessary, each
court differs in the amount of time it takes to bring a case to
trial. Unfortunately, litigation tends to be agonizingly slow, but
Kimberly tries to makes every effort to push the case to a conclusion
as quickly as possible. Remember, we don’t get paid until
you do, so we aggressively pursue your case with every tactic known
in order to obtain fair compensation in a timely manner.
Q: Should I try to work with the insurance company first and see
if they treat me fairly before I hire an attorney?
A: NO! The answer to this question is based on over 20 years of
dealing with insurance companies. Our experience is that not only
will they NOT treat you fairly; they will be busy gathering evidence
to help them pay you as little as possible for your claim. Furthermore,
they will insist that you sign medical authorizations, give statements
and provide documentation that could seriously damage your claim
later when you have no choice but to hire an attorney. The burden
of having to deal with them on your own is just not worth it, regardless
of what they say or the promises they make. I can not count the
number of times that I have told my clients that I could have gotten
them more if I had been involved in their case from day one!
It’s a simple fact -- insurance companies train adjusters
to find ways of settling claims for the least amount possible. When
a policyholder injures another person, an adjuster must honor the
terms of coverage minimizing the amount of money the company pays
out. In many cases, sometimes within 2 hours of your accident, an
adjuster will call or personally meet with you to try to settle
the matter before you have an opportunity to hire an experienced
trial attorney. In many of the cases we have seen, claims adjusters
have told our clients that the amount they are offering is the best
they can hope for, the best way for them to avoid costly, sometimes
time consuming litigation. This is usually a lie! Don’t fall
for their “advice” and deceptive tactics.
All of that said, if you have tried unsuccessfully to handle the
claim on your own, we will be happy to step in at any stage and
try to resolve the claim for you as long as you understand that
what you have done prior to out representation may ultimately affect
the outcome.
Kimberly is familiar with how insurance companies operate. She
has dealt with them for over 20 years. She will immediately put
them on notice that we represent you and this will send a clear
signal to them that they can not take advantage of you. It will
also immediately stop all of their attempts to gain information
from you, requests for statements and requests that you sign documents
that could hurt your case later. If contacted by anyone concerning
your accident, all you will need to say is “Please contact
my attorney, Kimberly Stovall”. We will handle all communication
from there!
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here to contact Stovall & Associates.
Q: Can I still win my case if my memory of the incident now conflicts
with things said at the time of the accident?
A: Yes. It’s very common for people to say things at the
time of an incident that they later realize were inaccurate. Sometimes,
a witness may misstate what your said about how the incident took
place. You might have a hard time explaining how it is that you
now remember things differently than you did at the time of the
incident, but if you consult with an attorney, he or she will have
experience handling such a situation, and can help find support
for your side of the story.
Q: How much is my case worth?
A: If any attorney tries to answer this question without first
being able to analyze all of the evidence, including the extent
of your medical, lost wages, permanent impairment, negligence of
all defendants, and other factors, RUN, DON’T WALK! The truth
is, no attorney can answer this question until he or she has all
of the facts and each case is different and must be evaluated separately.
Kimberly spends a great deal of time and effort in evaluating your
case, however, you should know that there is never any guarantee
of a recovery or outcome.
Q: How much does it cost for Kimberly to meet with me, evaluate
my case and to
represent me?
A: Kimberly will not charge you anything for an initial consultation
on a personal injury case, and if she takes your case, she will usually take it on a contingency
fee basis. That means that you don’t have to pay anything
up front and Stovall & Associates only gets paid once your case
is won or settled.
Q: How are the case expenses paid?
A: Every case requires funding for development of the evidence
and to prepare the case for trial. In most cases, Stovall &
Associates will advance the funds necessary to cover the expenses.
We ask our client to reimburse us for the case expenses if and when
there is a recovery in the case. If we are unable to make a recovery,
you owe us nothing for our services or expenses.
Q: How do you decide if you will take my personal injury case?
A: We determine to take a case based on what we believe to be the
likelihood of success. Unfortunately, and especially with the new
“tort reform” measures, we cannot afford to represent
everyone who asks for and needs our help. If we believe that we
can be of service to you, we will take the case. If we are unable
to help you, we often know of other lawyers who can help and we
will refer you to them.
Q: How do I know if I need a Personal Injury Attorney?
A: If you have been seriously injured or are unsure of the outcome
of your injury, then an experienced personal injury attorney such
as Kimberly should always be consulted before you give any statements
or sign any papers of any kind (including property damage checks
and releases) and as soon as possible after your injury.
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here to contact Stovall & Associates.
Martindale-Hubbell, the nation's premier law directory, has given
Kimberly A. Stovall its highest rating: "A.V." - the very best.
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