You need a strong legal ally when you've been hurt by someone else's actions. At the Oberg Law Office, clients can count on getting the assertive representation they need to fight back against insurance companies and secure a positive outcome for their case. If you have a personal injury claim, you must know your rights as a victim and understand why working with a personal injury law firm such as the Oberg Law Office is the right choice.
When you've been hurt in a car accident caused by someone else, you deserve to be compensated for your losses.Read More
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When it is necessary to file a claim with your own insurance company, we can help make sure you are treated fairly.Read More
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A personal injury case is a type of civil tort law case. In simple terms, a tort is a civil wrongdoing done by an individual (the defendant) that results in losses and harm to a victim (called a plaintiff or a claimant). A plaintiff may take legal action against the defendant to obtain monetary compensation for their damages.
A personal injury case is a tort case in which the victim suffers physical injuries, pain, suffering, and economic losses due to someone else's actions. The defendant's wrongdoings are usually based on a breach of duty of care to the plaintiff by means of negligence. For example, if someone responsible for maintaining an office building fails to properly maintain an elevator, causing a catastrophic mechanical failure and injuring someone else, the individual who should have ensured the elevator was safe to use would likely be held liable for injuries and damages their negligence may have caused.
In the United States, each state has the authority to choose how negligence-based cases will be handled and how a claimant's share of responsibility for their own injuries may affect their ability to recover damages. Many states follow the modified comparative negligence theory, which allows plaintiffs to recover damages as long as they are less than 50% at fault for their accident. Texas is one of many states that follow the modified comparative negligence rule, but with a 51% bar – the plaintiff cannot be more than 51% at fault for their accident to seek compensation.
The modified comparative negligence rule is more favorable to claimants than the pure contributory negligence rule, in which claimants cannot recover any damages if they contributed to the accident in any way. In other words, in Texas, you may still get compensation as long as you are not more than 50% at fault. Still, the final amount you will receive is affected by the percentage of blame assigned to you, making it crucial to get the help of a personal injury lawyer to reduce your liability and maximize your award amount.
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In an ideal scenario, every claimant would be able to file an insurance claim with the at-fault party's carrier and receive a check just a few weeks later. In reality, things rarely go so smoothly. Despite most insurance companies leading the public to believe that they genuinely care and are always there for you, their real intent is to hang on to as much of their profits as possible. Therefore, regularly giving out large settlement checks does not benefit their bottom lines.
In practical terms, this means many legitimate personal injury insurance claims get denied or purposefully delayed. Insurance adjusters may insist on talking to claimants on the phone and act friendly or concerned, while their real job is to find a reason to deny the claim or pay as little as possible. If your claim has been rejected, it is not the end of the road, and a personal injury attorney such as Gregg Oberg at the Oberg Law Office can help you fight back.
At the Oberg Law Office, clients in Mesquite, Texas, and surrounding areas can get help with various personal injury case types. Here are some of the cases our firm handles:
Even if you do not see your case type listed, we encourage you to contact our office at 972-682-9700 and request a no-commitment initial consultation. Our office is conveniently located in the heart of Mesquite, within easy access from US-80 and just 9 minutes from Samuell Farm park, 7 minutes from E.H. Hanby Stadium, and 11 minutes from the Mesquite Metro Airport (HQZ).
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Attorney Gregg Oberg focuses solely on personal injury cases at the Oberg Law Office. His firm does not handle any other case types. He is dedicated to helping personal injury victims go up against big insurance companies and get fair compensation for their injuries.
At the Oberg Law Office, we understand how an accident can impact your entire life for a long time, affecting not just your finances but your physical and emotional well-being. You deserve a solid legal ally, and Attorney Gregg Oberg is ready to do all he can to help you defend your interests. Whether you just need a few answers to your legal questions or want someone fearless in going to trial for you, reach out to the Oberg Law Office and get the help you need to win your case.
A: A statute of limitations is a legal deadline that applies to personal injury cases and defines how much time a claimant has to take action on their case. In Texas, personal injury cases have a statute of limitations of two years from when the accident occurred. Observing the statute of limitations applicable to your case is crucial because if you take too long and allow the two-year deadline to expire, you may be barred from receiving compensation. Reaching out to a personal injury attorney shortly after your accident is best.
A: Many clients' common question is how much their case may be worth. There is no one-size-fits-all way to provide an estimate for each case because each personal injury claim is as unique as each claimant. The value of a case is calculated by analyzing the total financial losses the victim has experienced and will still experience in the future (such as medical bills, lost wages, and loss of future earning ability), the severity of their injuries, and the degree of pain, suffering and emotional distress the accident has caused. An attorney can analyze the specific circumstances of each case and provide a better estimate.
A: If you have been hurt due to someone else's negligence and sustained significant damages beyond just a couple of bruises and a few scratches on your car, chances are you would benefit from the help and legal knowledge of a personal injury lawyer. Many insurance companies would rather settle a claim without going to court. Sometimes, having an attorney represent you is enough to get the insurance company to take you seriously, as they know your attorney can take them to trial if needed. An attorney can handle the case for you and help you ensure you won't be leaving any money on the table.
A: As mentioned previously, if you believe you may be partially at fault for your accident, you may still be able to recover compensation, but how much you receive depends on your fault percentage. For example, if you are 20% responsible for your accident, you will receive your award minus 20%. If you are more than 50% responsible for the accident, you won't likely be able to recover any compensation. Working with an attorney to minimize your percentage of liability is crucial to secure fair compensation.
A: It is a well-known fact that the first offer from an insurance company is almost always too low and inadequate. However, many insurance carriers may resort to various tactics to close out a claim as quickly and cheaply as possible, and pressuring claimants into accepting their initial offer is one of these strategies. Regardless of what they may lead you to believe, you are not required to accept their initial offer and should always discuss all offers with your attorney before making a decision. Better yet – defer all communications and negotiations to your attorney who will know how to handle them.
A: When it comes to insurance matters, Texas is not a no-fault state. This means the party responsible for an accident is also responsible for paying damages to any victims hurt in the accident. This also means the victim of an accident would file an insurance claim with the at-fault party's insurance carrier, rather than filing a claim with their own insurance company. If the at-fault party has no insurance or is underinsured, the claimant may pursue legal action to recover the remainder of damages not covered by insurance.
A: A property owner has a duty of care to ensure that their property is safe and free of hazards for any guests lawfully present. If the property owner acts with negligence and creates a dangerous situation that results in someone getting injured, that property owner could be responsible for paying the victim for any injuries and losses sustained. This type of case is called premises liability, and because it is a type of personal injury claim, it is up to the claimant to prove that the property owner's negligence resulted in damages.
A: Pain and suffering are the non-economic damages a victim may sustain after an accident and usually refers to any physical and emotional distress resulting both from the injury and from the recovery process. One of the ways many insurance companies calculate pain and suffering is by adding up the claimant's economic damages total and multiplying it by a number between 1.5 and 5. The higher the multiplier number, the more serious your injury is. Unfortunately, this calculation is not always done fairly, so having an attorney help you with your case is the best choice to ensure you get maximum compensation.