When you've been injured, the last thing you want to do is wrangle with insurance adjusters over your claim. This is definitely an area where a little knowledge goes a long way. Here are some of the most frequently asked questions on personal injury litigation.

Q: How do I estimate how much my case is worth?

A: There are many factors to consider in evaluating a personal injury claim, so beware of any "formula" an adjuster may try to sell you. The value of your claim will depend on the nature of your injuries, how your doctors expect you to fare in the future, your medical bills now and anticipated in the future, the pain you experienced, how your injuries have affected your ability to work and carry on with your lifestyle, how old you are, whether you had preexisting injuries that already impaired your ability to work or go about your everyday life and what a jury in your area would be inclined to give you. Your doctors? and lawyer's interest in preserving their reputations may also influence the value of your claim. Pricing all these factors is complex, and one reason why you should consult with an attorney earlier rather than later in the negotiation process.

Q: When should I settle my case?

A: Not until you're sure of the nature and extent of your injuries and whether you'll need continuing medical attention. You should know whether you'll be able to work in the future and how the injury will affect your ability to do normal household tasks, sports and hobbies before you talk money with anyone.

Q: Why am I responsible for paying for hiring experts, depositions and other costs of getting my case to trial?

A: Most attorney-client contracts require the client to pay for costs, regardless of the outcome of the case. In some states, it's even considered unethical for attorneys to lend money to clients to help pay for litigation costs because of the chance that it may influence their ability to assess the case objectively and offer advice that's best for the client. For instance, if the lawyer needs that money back quickly, he or she may urge a client to settle a case rather than to take it to trial, which will take more time but ultimately may bring a better result for the client. Also, remember that these costs are not to compensate the attorney, who gets paid for his or her time only if you recover money.

Q: How does a prior injury affect the value of my claim?

A: Generally, a person who is negligent or careless is responsible only for the harm he or she caused. That means that you have to prove there was negligence and that the negligence caused your injury. So if you already had an injury, the negligence could not have caused it. But if you can prove that the negligence made the injury worse, you can collect for the degree to which the problem has been aggravated.

Q: Can I get a partial settlement from the insurance company for my injury?

A: No. The insurance company will only settle if they can get rid of the entire claim. Desperate victims sometime settle for much less than they are entitled, simply because they do not have the money to pay for medical care out of their own pockets. The insurance company is not out to see that you are fairly paid, which is why you need a strong advocate such as a personal injury lawyer. When you've been injured by someone else's carelessness, it's important to take some initial steps toward making sure your injury claim can be settled fairly and as quickly as possible:

Write down everything you can remember about how the injury occurred, including the names, addresses and phone numbers of potential witnesses, police officers, insurance company representatives ( or company or workers' compensation representatives if it was a work injury)Talk to a Texas personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives Let anyone you think may be responsible for the injury know right away that you're intending to file a claim against them Take steps to protect any evidence you may need to prove your injury, such as your totaled car, photographs of an accident or injury scene, clothing you were wearing, damaged personal belongings, and so forth.

Q: How Do I Figure Out Who Is At Fault?

A:  In most cases, in order to collect on an injury claim in Texas, you must prove the person who caused the injury was "negligent" ? careless and neglectful. In Texas, you must prove:

The person who caused your injury owed you a duty not to injure you, but didn't live up to that duty. There was a connection between the other person's duty to you and your injury You suffered damages If you were careless, and your carelessness contributed to your injury, the amount you can recover will be reduced in proportion to your carelessness, under Texas comparative negligence law. If you were more than 50 percent at fault for your injury, you won't be able to collect from the other person.

Texas's joint and several liability rules also make any person who was more than 50 percent responsible for your injury liable for the entire amount of your damages regardless of each other person's proportion of fault for your injury.

If you've been injured using a consumer product, the manufacturer of the product may be responsible under a "strict liability" legal theory if the product was unreasonably dangerous. Under Texas law, you'd need to prove that:

The seller was in the business of selling the product that caused your injury the product was in a defective condition when sold, and unreasonably dangerous. The product was intended to reach you without substantial change in the condition in which it was sold. The product wasn't fit for its intended use or a reasonably foreseeable use at the time it left the manufacturer The defect caused your injury You suffered damages.

Q: What Is My Claim Worth?

A: Under Texas law, the person who injured you will be responsible for:

Past, current and future estimated medical expenses. Time lost from work, including time spent going to medical appointments or therapy any property that was damaged, such as your vehicle. The cost of hiring someone to do household chores when you couldn't any permanent disfigurement or disability your emotional distress, including anxiety, depression, and any interference with your family relationships. Any other costs that were a direct result of your injury. A lawyer will know what type of expert witness to hire to best prove your damages.

Q: How Long Do I Have To File A Legal Claim?

A:  In Texas, you only have two years to file a lawsuit against the person who injured you. If your lawyer hasn't been able to come to an agreement with any involved insurance companies, you'll definitely want to file a lawsuit before the two-year statute of limitations runs out.

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