Personal Injury Details
How We Approach Personal Injury Cases
The attorneys of Todd E. Tkach, P.C. approach all personal injury and car accident cases in the same tried and true, methodical manner, including a full investigation and development of evidence necessary to prove all liability and damages at trial.
We never forget how greatly an injury or the death of a family member can dramatically change your life. No two personal injury or wrongful death cases are the same. The personal injury attorneys with Todd E. Tkach, P.C. take the time to fully understand what your case involves and develop a strategy to maximize the compensation you're entitled to. We aggressively pursue all potential sources to help pay the costs and to fully compensate you for your injury. We use up-to-date technology and offer bi-lingual services. We take the time to know each client's case in detail so that telephone calls, questions, and concerns receive prompt attention and knowledgeable answers.
Investigation by a Personal Injury Attorney Is Essential
A thorough investigation of the facts of the case is essential and is the first order of business. The investigation is conducted with the resolution of last resort in mind; a jury trial. Even if the case doesn’t go to trial, it will settle, if at all, based on the facts that can be proved and demonstrated if the case were to go to trial. That investigation necessitates the involvement of a personal injury attorney who is knowledgeable and experienced with the substantive and procedural laws and who can artfully present and demonstrate the facts and evidence at a trial by jury.
A Personal Injury Attorney Must Prove Liability and Damages
The investigation conducted by our personal injury attorneys includes an examination of the two main elements of a personal injury case; “liability” and “damages.” Liability is the first hurdle that must be overcome. What does “liability” mean? Essentially, it means; who’s at fault for the injury? In some cases, the question of who was at fault is very clear. But in others it must be investigated and demonstrated. The issue of liability is usually where insurance companies attack first. After all, if they can show that the personal injury you sustained was not the fault of their insured, they will pay you nothing and you would lose if the case went to trial. A skilled personal injury attorney can make all the difference. In some cases, the question of liability may be revealed by an experienced personal injury attorney with just a cursory investigation of the facts and the scene of the accident. In other cases, it may be necessary to hire expert accident reconstructionists. No matter what your personal injury case may require, rest assured, the personal injury attorneys of Todd E. Tkach, P.C. will take all measures necessary to establish the liability of the negligent person or entity.
Damages is the second main part of a personal injury case that a personal injury attorney must establish and prove. Even when you clearly establish liability against a negligent person or entity, their insurance company will undoubtedly attack your sustained damages. They may argue that your injuries were pre-existing or that the accident could not possibly have caused your personal injuries. Many times, they’ll argue that your injuries are simply worth little or no compensation. This is where a skilled personal injury attorney can increase your compensation.
On first thought, “damages” seem to be pretty clear. But, there are many types of damages recognized by Texas law that most people are probably not aware of. A qualified personal injury Attorney will determine all possible types of damage and will put together the evidence to prove them.
Damages a Personal Injury Attorney May Prove
There are two primary categories of damages, including "liquidated" damages and "unliquidated" damages. "Liquidated damages," include any and all damages that can be determined by calculations. These types of damages include, damage to a vehicle (when a car wreck is involved), lost wages, lost future earning capacity, medical bills, essential household services, future medical expenses, etc. "Unliquidated damages" include those damages that cannot be determined by a mathematical calculation, including pain and suffering, mental anguish, physical impairment, loss of consortium, etc.
Among the liquidated damages, the damage most likely to cause you the most frustration is the damage to your vehicle. As personal injury attorneys, we often hear about the frustration personal injury victims experience when trying to get their car repaired. After a collision, most people will be without their vehicle for days or even weeks. Whether the damage is repairable or the vehicle is “totaled,” it will take some time to repair the vehicle or purchase another vehicle. We depend greatly on our vehicles, and not having it for transportation is extremely frustrating and irritating. Making matters worse, you have to deal with the negligent driver’s insurance company, which is no hurry to pay you for anything. Let the personal injury attorneys of Todd E. Tkach, P.C. carry you through the whole process.
We’ll help you get a rental car and will seek to have the negligent driver’s insurance company pay for it. Many times, insurance companies will not even offer a rental car, even though they are required by law to pay for it. Our personal injury attorneys can also refer you to a qualified body shop for repairs. Most insurance companies will direct you to one of their “Blue Ribbon” repair facilities. Too often under those circumstances, we’ve heard the complaints that they didn’t repair everything, or that the work was poorly done. You may also have a claim for dimunition in value. That’s the difference between what your vehicle was worth prior to the collision and what it’s worth after repairs from the collision. This is a vehicle damage that even some experienced personal injury attorneys fail to even ask for or inquire about. It’s a mistake that can cost thousands of dollars. To be sure, an insurance company will never bring up the vehicle damage of diminution in value and, of course, will make no offer for that damage. If your vehicle is “totaled,” we’ll fight for compensation for the full market value and won’t settle for the discounted market value offered by the insurance company. You need the help of an experienced personal injury attorney to maximize the recovery of your personal injury case.
Lost wages, medical bills, and essential household services are usually determined fairly easily. Simply add up the loss. However, loss of earning capacity and future medical expenses can be more difficult. Frequently, it requires sophisticated calculations from accountants, and data from expert physicians and other medical providers. Not to worry. The personal injury attorneys of Todd E. Tkach, P.C., know the experts you'll need and how to effectively present their calculations to a jury to maximize the recovery for you.
The "unliquidated damages" can be the most challenging. There's no mathematical equation to demonstrate pain and suffering, mental anguish, physical impairment or loss of consortium. Rather, it takes a skilled personal injury attorney to develop and present evidence maximize the recovery for these damages.
Obtaining a Monetary Recovery for a Personal Injury Case
Seeking a full recovery for a personal injury case can be very challenging. What is fair compensation for a personal injury, including all liquidated and unliquidated damages? In years past, as a rule of thumb, some people used to use a multiplier of the amount of the medical bills as their measure of the compensation for their personal injury. Those days are long gone! In this era of tort reform, there is no magic formula to determine the value of a personal injury case. You need the knowledge and skill of a qualified personal injury attorney to maximize your recovery. Some of the elements of damages that may be recovered for physical injuries include claims for both past and future medical bills, physical impairment, mental anguish, physical pain and suffering, lost wages, loss of consortium, disfigurement, loss of body part, bystander claims and fear of future disease or disfigurement. Demonstrating these damages requires a painstaking development process, which the personal injury attorneys of Todd E. Tkach, P.C. have done hundreds of times. The process includes a thorough investigation, and complete and accurate record keeping, including medical records and bills, photographs, diaries, police reports, accident reconstruction analysis, investigative reports and testifying expert reports. The personal injury attorneys with Todd E. Tkach, P.C. have the education, knowledge, and experience to properly prepare a personal injury case and to present it to insurance adjusters or juries.
After your case if fully prepared, we’ll present it and demand a settlement from the negligent party's insurance company. If possible, we’ll try to reach a settlement through aggressive negotiations. In most cases, a settlement can be reached. However, if the negligent party's insurance company refuses to settle, we’ll take it to trial and present it to a jury. In that event, we will ask not only for all of the available elements of damage, but also pre-judgment interest, court costs and post-judgment interest until the full amount is paid.
Initial consultations are always free and there are no costs, attorneys' fees, or expenses, unless we get a monetary recovery for you. Additionally, no office visit is necessary. We'll come to you! We will meet you at any time and at any place of your convenience, including at home, work, our office or any place of your choosing.
Don’t “go-it-alone.” The long-term effects could be devastating. Click the telephone icon to the right to call Todd E. Tkach, P.C. now to talk to one of our attorneys about your personal injury or wrongful death case to ensure that your rights are fully protected. Or, click the email icon to contact us on-line. Of course, you can call us at any time at 214-999-0595. Our phones are answered 24/7.