Personal Injury & Wrongful Death Lawyer - Frisco, Plano, McKinney, Denton


Insurance Companies in a Personal Injury Matter

It is paramount that you understand dealing with an insurance company in personal injury claim is 100% a business transaction. Insurance companies are designed to mitigate financial risk. This is handled by a group of adjusters and attorneys that are supported by quantitative statical data that projects the probability of each personal injury matter and the best financial outcome for the company. Personal injury matters are a business transaction to insurance companies.

As an individual in Texas involved in a personal injury matter your case is treated like one of many cases and there is no emotional attachment for the insurance company in anyway. Most likely the first letter you will receive from an insurance company will start with "To Whom it May Concern", this should tip you off that your case is simply a number to these companies and their objective is to settle these matters at the lowest acceptable sum.

Texas by nature falls under what we deem as "conservative jurisdictions" in the United States. It is simply the function that the law has evolved in ways to protect insurance companies. Texas legislature was changed dramatically 10 years ago to tilt the favor in these matter towards insurance companies. This has made handling personal injury matters more complex. If you are going to file a lawsuit in the state of Texas, you need to start by determining if you have a good factual case.

Liens and subrogations are two concepts that have made personal injury claims more complex because the laws have evolved in those areas in the state of Texas when it is related to personal injury matters. To better understand a how liens and subrogations, here is actual scenario one of our clients dealt with recently. Our client was injured and taken to the hospital to be treated. The client did not have insurance to cover the cost of treatment. The hospital filed a lien and the client cannot resolve a personal injury claim with the third party insurance carrier unless the lien is resolved.

When an injured party carries insurance and is treated in a personal injury matter the injured party's insurance company is going to want reimbursement for the provision of care supplied to the injured party. This is a simple explanation of subrogations. In complex matters it is important that an attorney is involved early on in the case and gain an understanding of matters. In many cases, we can negotiate with the hospital for a fraction of the cost, similar to how an insurance company goes about business.

Texas has adjusted personal injury laws to be favorable towards insurance companies and more complex for unrepresented individuals. Addressing liens and subrogations is a major issue that a person needs to understand when dealing with a personal injury matter. Consulting with an experienced Texas Personal Injury Attorney is a simple way to protect yourself and better understand your rights in these matters.

To arrange for a free consultation, please complete our short consultation form and a member of our offices will contact your personally or call (972) 731-6500.   Hanshaw Kennedy, LLP law offices are located at 1415 Legacy Drive, Suite 350 Frisco, Texas 75034.

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