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Frequently Asked Questions

Insurance Litigation FAQs (6)

1. What duties do insurance companies owe to their customers?

Insurance companies are called upon in times of need. It is likely that you have paid premiums for months or years before you needed to make an insurance claim. When you make a claim, insurance companies are obligated to pay the reasonable value of all covered claims, up to the maximum policy limits. Insurance companies also have a duty to act in good faith and deal fairly with your claim, which means the company has to be reasonable in processing your claim.

2. The insurance company has made me a settlement offer. Should I accept it?

If the insurance company accepts your claim, an adjuster will most likely offer you a specific amount of money to settle your claim. You should never accept the insurance company’s first offer without first consulting with an experienced attorney such as the ones at the Burnett Law Firm.  Our lawyers can evaluate the insurance company’s settlement offer and help you to determine if it is reasonable given the nature of your damages and the strength of your legal case.

3. The insurance company’s settlement offer isn’t enough to cover my damages. What can I do to get the money I deserve?

When your insurer makes you a low settlement offer, you can negotiate to try to get more money for your losses. If the insurer refuses to provide a reasonable payout for a covered loss, you may have a claim for damages, and you should consult with a Houston insurance litigation attorney about bringing a bad-faith action against the insurer.

4. I think that my homeowner’s insurance claim is not being handled fairly. What can I do to get the insurance company to treat my claim properly?

Insurance companies that fail to be reasonable when paying claims and insurers that deny legitimate claims may be held liable for bad faith. Bad faith means that the insurance company has violated its implied duty of good faith and fair dealing. You may be able to bring a bad-faith insurance lawsuit against the insurer to recover money damages that could potentially exceed the policy limits.

5. What does bad faith mean in the context of insurance lawsuits?

When an insurer fails to meet its obligation to pay your losses when a covered event occurs, this goes beyond just a simple breach of the insurance contract. The insurer’s failure may cause you to experience significant harm, such as being unable to fix your home after a storm or reopen your business after a fire has destroyed your building.  
Because the consequences of an insurer’s failure to fulfill its promises are so great, a bad faith claim can be made. This involves taking your insurer to court and proving that the insurer acted unreasonably. If you can prove this, you may be able recover money damages that could be more than the policy limits. You could not only have your claim paid, but you may also be compensated for additional losses and the insurer may be obligated to pay extra damages due to its wrongful behavior. 

6. How can I pursue a claim for bad faith against my insurance company?

An experienced Houston insurance litigation lawyer at the Burnett Law Firm can provide you with a free case evaluation and help you make a bad-faith claim if your situation warrants it. Our attorneys have extensive experience with bad-faith insurance cases, and we can put our legal knowledge to work to hold irresponsible insurance companies accountable.

General FAQs (4)

1. Who can sue after suffering a personal injury?

An injured victim who was hurt by an individual or company that acted in a careless or negligent way may be entitled to bring a lawsuit to seek compensation for injuries and other losses. If the victim was killed, his or her surviving family members may be entitled to bring a wrongful death claim.
The Burnett Law Firm focuses on cases that involve defective medical devices such as transvaginal mesh and drug injury claims, particularly those involving birth defects as a result of SSRI drugs.

2. What types of compensation are available in a personal injury lawsuit?

Injured victims may be able to recover money to pay for medical bills, lost income, pain and suffering and emotional distress, as well as other types of compensation. The settlement or verdict should cover losses incurred to-date, as well as expected future expenses and losses. If the victim needs ongoing medical care for life, for example, then the compensation should include enough money to cover this care.
In wrongful death claims, surviving family members may receive compensation for lost financial support, for related medical bills prior to the death, for funeral costs and for lost companionship, among other types of compensation.

3. How long will my personal injury case take?

The length of time that a personal injury case takes may vary depending on the circumstances. If a case settles quickly, it could be over in a matter months. If the case goes to trial and if the defendant eventually appeals, the process could take years.
You should not rush to accept a settlement just to resolve your case quickly, as you could end up with less than you deserve and you may be unable to go back and try to recover extra compensation. Before you settle a personal injury claim, be sure to speak to an experienced Houston injury attorney like the ones at the Burnett Law Firm. Our lawyers can help keep your case moving forward as quickly as possible while still protecting your right to full and fair compensation.

4. What does it cost to hire a personal injury lawyer?

At the Burnett Law Firm, our attorneys work on a contingency fee basis. You do not pay any attorney’s fees up front, and our lawyers do not charge you for their services unless we recover compensation for you. Our fees are calculated as a percentage of what is recovered. This means that our attorneys’ compensation depends on getting you the maximum fair compensation for your losses.

FAQs About Transvaginal Mesh and other Defective Medical Device Lawsuits (3)

1. What happens if a medical device is dangerous?

Medical devices are used to treat patients. They must be safe for use on people and should not cause unexpected or dangerous side effects or complications. The medical device should also live up to the promises made by the manufacturer about its effectiveness.
When a medical device causes harm or injury, the device manufacturer may be held legally responsible for losses. People harmed by a dangerous medical device may be entitled to pursue a claim for compensation.

2. I suffered complications after transvaginal mesh was implanted to treat pelvic organ prolapse. How can I seek compensation for my losses?

If a medical device such as transvaginal mesh (TVM) caused you harm, you may be able to file an injury lawsuit to obtain compensation for the damage caused.  Injury claims against medical device manufacturers sometimes go to court, where a judge or a jury decides whether the device manufacturer was liable and how much the manufacturer owes in compensation.  
Some lawsuits brought against medical device manufacturers are class actions, which means that groups of people who suffered similar harm due to the defective device bring just one case. The outcome binds all who were part of the class.
Other lawsuits become part of multi-district litigations (MDL), which means that the cases are consolidated before one judge who can then decide issues relevant to all of the claims much more quickly.
Whether it is an individual lawsuit, a class action or an MDL, the goal is to get full and fair compensation. Injury cases can also be resolved through an out-of-court settlement with the medical device maker. Before accepting any settlement, you should have an experienced defective medical device attorney review your case and advise you about whether settling makes sense.

3. Do I need a lawyer to help me with my defective medical device lawsuit?

Medical device cases can be tricky because of the highly complex and technical nature of many types of medical tools and equipment. That is true for TVM lawsuits as well. A judge or a jury needs to know and understand that the medical device was dangerous in some way and was a direct cause of the harm. Due to the challenges in proving this, you need both expert witnesses and an attorney who can help you to explain your case in easy-to-understand terms.
The injury lawyers at the Burnett Law Firm in Houston can review your claim at no charge to you. We never charge attorney’s fees unless we recover compensation for you on your claim. To learn more about how we can help you to pursue a claim for full and fair compensation, call us now or fill out our online contact form.  

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