Do I Need a Lawyer for Progressive Claims?
The insurance company Progressive writes about 13 million policies every year, making it the third-largest insurer in the United States. Although they cover many types of risks, Progressive specializes primarily in auto insurance. If you are wondering if you need a personal injury lawyer to pursue your claim–that answer depends on the facts of your case.
The Texas Fault-Based Auto Accident Compensation System
All Texas drivers must purchase “30/60/25” insurance. 30/60/25 means $30,000 per person, $60,000 per accident for bodily injury liability, and $25,000 for property damage liability. In Texas, unlike in no-fault states, you can sue the at-fault driver immediately. Alternatively, you can file a third-party lawsuit against the at-fault party’s liability insurance policy.
Comparative Negligence
Texas’ modified comparative negligence rule kicks in when you are partially at fault for the accident. As long as your percentage of fault does not exceed 50%, your losses will be partial. You will lose the percentage of your compensation that corresponds to your percentage of fault (15%, for example). If you are more than 50% at fault, however, you will lose 100% of your compensation,.
So how do you determine each party’s respective percentage of fault? At trial, the court will do that. At the settlement table, the parties will have to come to an agreement.
When Do You Need a Lawyer?
Although you have the right to represent yourself when dealing with Progressive, it’s usually not a good idea. Below are some red flags that should tell you that you need a lawyer.
Someone Died in the Accident
When someone dies from their personal injuries, a wrongful death claim arises. A wrongful death claim is always a serious matter involving a lot of money. It’s likely that insurance policy limits won’t be enough to cover such a claim.
You Suffered a Serious Injury
If you suffer a serious injury, you will likely have high medical bills, high lost earnings (if you were working at the time of the accident), and high intangible losses, such as pain and suffering. All of these factors will result in a high claim value. The higher the claim value, the more difficult it will be for you to secure full compensation. Progressive policy limits will probably apply, and you may need to look for a second source of compensation.
Your Injuries Resulted in Significant Diminished Earning Capacity
“Diminished earning capacity” refers to your ability to earn money in the future. If your injuries are long-term or permanent, you might lose a lot of future income. Consequently, when you demand damages, you might need to factor in speculative losses that might not occur until decades from now. A lawyer can help you do this.
The Insurance Company isn’t Dealing Fairly With You
If you’re trying to negotiate with a professional insurance adjuster, you are at an inherent disadvantage. Insurance adjusters are professional negotiators because that’s what they do for a living. Fortunately, personal injury lawyers are also professional negotiators. If you find yourself in this situation, hire a lawyer and let them handle negotiations from beginning to end.
You Need to File a Lawsuit
You can file a claim without filing a lawsuit, and most claimants settle out of court. Even if you do hope to settle out of court, however, here are some reasons why you might still want to file a lawsuit:
- To show the defendant you are serious.
- To beat the statute of limitations deadline for filing a lawsuit.
- To gain access to the pretrial discovery evidence collection process.
You can always file a lawsuit and then offer to withdraw it in exchange for a fair settlement.
The Statute of Limitations Deadline is Approaching
In Texas, most personal injury claims expire two years after the date of the accident. If you haven’t settled your claim or filed a lawsuit by then, your claim’s value will probably drop to zero immediately. Remember, however, that exceptions to the general statute of limitations deadline sometimes apply.
Schedule a Free Initial Consultation With a Texas Personal Injury Lawyer
An experienced Texas personal injury lawyer can help you in more ways than it is possible to list here. It is common for the best lawyers to quadruple or even quintuple the value of their clients’ claims through investigation and negotiation. If you need help with a Progressive claim, contact The Law Firm of Alton C. Todd Personal Injury Lawyers as soon as possible to schedule a free consultation. The best part is that under the contingency fee system, you only pay attorney’s fees if you win your claim.
The Law Firm of Alton C. Todd Personal Injury Lawyers – Galveston Office
2101 Mechanic St. Suite 253
Galveston, TX 77550
409-904-0753
The Law Firm of Alton C. Todd Personal Injury Lawyers – Friendswood Office
312 S. Friendswood Dr.
Friendswood, TX 77546
281-992-8633
