White Deer, TX Personal Injury Law Firms & Lawyers

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record. Even if negligence can be established, I am doubtful that it would still be in your best interest to pursue a case. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the delay in proper diagnosis will compel a jury to a substantial award. Another attorney may have a different opinion and I encourage you to seek a second opinion. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.

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.

Before they could seize your house, they would have to file a lawsuit against you and obtain a Court judgment against you. Once they obtain a Court judgment against you, they can then take steps to execute on the judgment which could include selling your house to attempt to satisfy the judgment. If you have not already done so, you should homestead your house. You can check with the County Assessor's office re how to do that. I can not remember the current amount of the homestead exemption but whatever that amount is, that amount is protected from being used to satisfy a judgment against you.