Frequently Asked Questions

Insurance litigation

Legal malpractice

Medical malpractice

Personal injury

Insurance litigation

Are there policy clauses that are likely to be grounds for claim denial?

Yes. A life insurance policy's incontestability clause allows insurers to contest policies that have been held for less than two years. Another cause of denial could be pre-existing or non-disclosed conditions. The Perrin Law Firm has been litigating against insurance companies for more than 15 years and knows how to work with claims adjusters and insurance experts to obtain coverage when owed to maximize recovery for our clients.

Back to Top

What is insurance bad faith and how do I know if I have experienced it?

An insurance company acts in bad faith when it does not attempt in good faith to settle claims when, under all the circumstances, it could and should have done so had it acted fairly and honestly towards its policyholders and with due regard for their interests. Some examples of bad faith claim practices include—

  • Failing to adopt and implement standards for the proper investigation of claims
  • Misrepresenting pertinent facts or insurance policy provisions relating to coverages at issue
  • Failing to acknowledge and act promptly upon communications with respect to claims
  • Denying claims without conducting reasonable investigations based upon available information
  • Failing to promptly provide reasonable explanation in writing to the insured of the basis in the insurance policy, in relation to the facts or applicable law, for denial of a claim or for the offer of a compromise settlement
  • Failing to promptly notify the insured of any additional information necessary for the processing of a claim

When you buy a policy, you expect to be covered. If you have experienced any of the above actions of your insurance company, you may have cause for legal action.

Back to Top

Legal malpractice

My lawyer is unresponsive to me. What can I do?

You are not alone. Lack of communications is the most common complaint clients make about their legal counsel to state bar associations. You can take action and send your lawyer a note to let him or her know you have been trying to contact him or her. Request a return call and a written response to your questions. Putting this in writing creates a paper trail that might prove useful later in recreating the events.

Back to Top

What must be proven to win a legal malpractice case?

You must prove—

  • Your attorney owed you a duty to act properly.
  • Your attorney breached that duty by acting negligently, not following through with the agreement or possibly making mistakes that an average attorney would not have made.
  • Your attorney's behavior caused you damage. This includes proving that the results of your case would have been different had the attorney acted properly.
  • You suffered a financial loss as a result of the behavior.

Back to Top

Medical malpractice

What is the difference between wrongful death and medical malpractice?

Wrongful death is a type of damage and malpractice is a type of negligence. Not every wrongful death case involves medical malpractice and not every medical malpractice case involves wrongful death.

Back to Top

How do I know if I have a medical malpractice case?

You must be able to prove that the medical professional or hospital was negligent and that this negligence caused harm.

Back to Top

Personal injury

Should I provide a statement to an insurance company without a lawyer's help?

It is in your best interests to only provide your contact information to an insurance company until you consult a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.

Back to Top

Will I have to go to trial to recover damages?

About 95 percent of personal injury cases filed settle prior to trial.

Back to Top

What is considered "pain and suffering?"

Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.

Back to Top

What determines the amount I might recover?

Every case addresses three issues:

  • Liability—establishing someone's negligence
  • Damages—the amount that will fairly and adequately compensate you for your injuries
  • Source of collection—insurance or other assets from which damages can be recovered

Back to Top

What is a typical settlement amount?

An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim:

  • Incurred medical bill amount
  • Future medical bills
  • Loss of past income
  • Your age
  • Any permanent limitations caused by the injury
  • Impact on future earning capacity
  • Activities you can no longer do
  • Activities you can do but do not enjoy as much
  • Prognosis for further problems
  • Strength of witness testimony

The goal is fair and adequate compensation for your injury and an experienced attorney can assess what a reasonable jury would award. The strength of lay and expert witness testimony will likely influence the amount.

Back to Top

How long do I have to file a personal injury claim?

In Texas, you have two years from the date of the accident to file a claim against those who injured you. In New Mexico, you have three years to do the same.

Back to Top