FAQs

If you are hurt and/or injured physically or psychologically due to the fault of someone else’s actions you may have a claim. Texas statutes have many factors to consider regarding the existence of a claim and the compensation you are entitled to. Your lawyer will help guide and assess your claim so feel free to reach out and call us.

Take photos of your injuries

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Visit a doctor

It can be your preferred doctor or a doctor recommended to you by your attorney.  If you have visited a doctor, follow their care plan and attend all follow-up appointments. Often times, the other party’s insurance company will reach out to you for a statement about the incident, DO NOT make a statement and wait until you consult with a highly skilled lawyer before making a statement. All statements are recorded and adjusters will try and trick you to say something that would absolve their side of liability. In personal injury cases, the first few days after an accident are crucial and you need an advocate to protect your rights and your compensation. Also, do not post on social media about your accident, statements you write or say on social media may be used if your case goes into the court process or is found by the insurance company.

Absolutely, our bodies are very complex and intricate structures and without going to see a doctor you may not know where exactly you were hurt. It is better to be safe and contact a lawyer and a doctor to determine if you have any lasting injuries that can creep up on you later in life or after the statute of limitations has passed. 

The majority of personal injury cases do not go to trial. Most resolve by settlement before the trial date arrives and some resolve before a petition is even filed in court. 

Each case is an individual matter and there is no way to precisely value your claim. The value of your claim is dependent on several factors including your economic damages like costs for medical treatment, lost wages, and physical therapy. 

Depending on the injuries suffered, the case may resolve in only a few weeks or may go on for years. Generally, the more complex and severe your injury is, the longer you can expect it to take. 

A statute of limitations is the time limitation that you have to bring the case. In the State of Texas, the period of limitation is two years. That means that you have to file the case within 2 years from the date of your accident. As long as you file your case before the deadline, the case can be open for an indefinite amount of time while it is going through the court process. 

Most personal injury attorneys only get paid if you get paid. Attorneys will typically take 33.3% of the settlement of your case pre-litigation. Once your case reaches litigation fees can increase sometimes up to 50%. 

Contingency is a fee arrangement between you and your attorney. It simply means that the attorney is paid a portion of any money their clients receive. This fee may be subject to expenditures such as the cost of litigation. It is important that you review any contract you sign with your attorney and ask questions.  

Every case depends on a unique set of facts and no case is alike. An attorney helps you handle each step in the case so that you can receive the maximum settlement and the best medical treatment for you. Insurance companies are in the business of saving money so having an attorney will show the insurance company you mean business. Your lawyer will take the time to get to know you, your priorities, and the details of your case. 

Anyone working for the insurance company is not working for you or protecting your best interests. The adjuster may seem friendly and charming and sound like they are on their side, but in actuality, they’re just trying to settle your case as quickly and cheaply as possible. The business model for Insurance companies is collecting premiums and not paying or paying as little as possible for claims. If you agree to a settlement, you sign what’s called a release and may give up all of your rights to compensation. Once you sign a settlement agreement, you can’t receive any more money from the accident.

 Yes, while an uninsured motorist claim is technically going against your own policy because the person at fault was not insured at the time of the accident, remember that insurance companies are in the business of saving. So even when uninsured motorist claim applies their goal is to save their company as much money as they can. Always hire an attorney. 

 Your attorney will send a letter of representation to the insurance company and will handle all future communications with the insurance company. All you have to do is continue seeking pain management and stay in communication with your attorney. Once the attorney receives a settlement offer they will communicate it to you and you can accept the offer or reject it. Remember it is your case and you have the final authority on acceptance or rejection of any offer.  

 The average settlement for a personal injury case is between $3,000 and $7,500. You often hear some cases settling for millions of dollars, however, the issues and damages in those cases are severe and they are the outliers. 

Punitive damages are damages against a party for acting in a malicious or unusually reckless manner. Punitive damages can be added to your compensation and these damages may exceed your compensatory damages.

Possibly, as long as the claim falls within the statute of limitation you can file a claim. However, even if you are within the statute of limitations, your claim may be negatively affected by the lapse of time in seeking treatment and filing a claim. Do not wait any longer and contact an attorney to determine if you can file a claim in your situation.

No, pain and suffering are not included in your medical bills. However, your pain and suffering are partly based on and are somewhat proportional to your medical bills and medical treatment. If you never went to the hospital or received treatment for your injuries and you argue extreme pain and suffering, insurance companies are likely to not take your claims seriously. Always contact an attorney and ask them for their opinion and recommendations so that you can receive the maximum compensation in your case.

It may, as long as this pre-existing condition does not override the other party’s liability. The insurance company will try and reduce the damages due to your pre-existing condition so it is up to your lawyer to argue that the accident worsened your condition. This is why you need an attorney to argue for your best interests.  

A personal injury is a civil case. It’s not a criminal case where someone’s freedom is at stake. Instead, a civil lawsuit is finding a party responsible for another person’s injuries and makes that responsible party pay money to the victim. The types of personal injury cases include car accidents, slip and falls, and defective product accidents. 

Once a settlement is reached and agreed to, it should not take long for your attorney to receive your check. Most checks are sent out within a week or two depending on when the insurance company received the signed release by you. 

For every personal injury case, your medical treatment will have to be paid from your case, as well as attorney fees if you hired an attorney, and you keep the rest.

An attorney is there to maximize your compensation and when you hire an attorney you not only increase the compensation you get paid but also have someone on your side fighting for you. Studies have shown that having an attorney will at least triple your settlement amount versus if you just represent yourself.

(https://www.nolo.com/legal-encyclopedia/how-much-can-i-get-for-my-personal-injury-case-and-how-long-will-it-take-new.html)

Attorneys will often talk with your pain management and medical providers to negotiate a reduction so that you have more money in your pocket. Attorneys also scare insurance companies because of the looming threat of filing a lawsuit and costing the insurance company more money. Remember, insurance companies are in the business of collecting premiums and saving money, fighting an attorney is the last thing an insurance company wants to do. 

You can, but you have to have a vast knowledge of insurance coverage, contract review, experience with medical liens, personal injury statutes, personal injury case law, experience in depositions, experience in filing complex pre-trial motions, the ability to handle diligent discovery, and ultimately the skills of negotiations and trial. If you have all of those skills and are proficient in them then you can but we do not recommend that you use your case and your injuries to test out your legal acumen. We always recommend that you hire an attorney that knows and whose profession is to know all facets of the law and legal steps in a personal injury situation.