Do you offer a free consultation?
Yes. Our Texas accident injury lawyers are available to discuss your case with you without charging a fee for the consultation. If our firm is unable to help you, we often will make suggestions about what you may do, or refer you to other legal resources that may be able to provide assistance.
How much does your firm charge to handle my case?
Our firm typically handles cases on a contingency fee basis. This means our fee is a percentage of the recovery made on your behalf. If it is necessary for our firm to file a lawsuit on your behalf, the percentage of that contingency fee is increased due to the increased amount of work and expenses required in prosecuting the Texas accident lawsuit. However, you do not pay us anything if we are unable to recover any money for you, and if this happens you do not pay us for the court filing fees and other expenses for your case.
What am I entitled to recover after an accident in the State of Texas?
Texas law addresses the different types of damages to which you may be entitled. The most common types of damages associated with accident injury cases are: property damage, lost wages or earnings, pain and suffering, reasonable medical expenses, and permanent impairment.
What is my accident case worth in Texas?
Your accident case is worth the amount of money you accept from the insurance company, or the cash award granted by a jury or judge should a trial be necessary. Our firm will examine the circumstances surrounding your case in order to determine a dollar amount that we believe the insurance company or negligent party should pay for your injuries. Typically, an accident claim value depends on the type and extent of your injuries. Some other circumstances that will influence how much money you may be entitled to receive are the total amount of medical expenses, length of treatment, frequency of treatment, future medical bills, permanent injury, disfigurement or disability, and other damages that are documented. Our firm will analyze all details concerning your case to help ensure that you get the money that you deserve for your injuries.
How long do I have to file an injury claim in Texas?
In Texas, most causes of action (personal injury claims) have a two-year statute of limitations. The term “statute of limitations” refers to the time limit placed on filing a lawsuit. There are some lawsuits, such as lawsuits filed against government agencies or municipalities, in which the claimant is required to give notice to the governmental entity in an even shorter period. The statute of limitations starts to run on the date of the accident. A good example is someone negligently running into your car. The statute of limitation begins to run on the day of the accident. There are rare circumstances or types of injury claims in which a claim may be filed beyond the statute of limitations.
Can I still bring a claim if my medical bills were paid by health insurance?
Yes. Texas recognizes the collateral source rule, which states that you may be compensated for medical expenses even though the bills were paid by PIP (Personal Injury Protection) or by your health insurance. It is likely your health insurance company will seek reimbursement of the amount it has paid.
How long should I seek medical treatment?
Your treating physician will release you when you are finished with your treatment. The length of treatment will vary from person to person and you should focus on getting well to avoid long term complications.
After my accident I thought I was going to be fine, but each day I seem to hurt more. What should I do?
Injuries such as broken bones are easy to spot and the pain is immediate. With some other injuries, however, the pain sometimes may take several days to progress. If you find that you are experiencing pain, our advice is to seek medical attention as soon as you can. A medical professional will be able to provide you with treatment options and medication to alleviate the pain if necessary.
Can you recommend a doctor for me?
Yes, we can. Our firm is familiar with many different types of doctors. We are always glad to provide options to our clients even if you do not have health insurance. If you don’t have health insurance, we can refer you to a doctor who will not require payment until after your personal injury case is resolved. It is most important that you get well, and to do so will in all likelihood require medical treatment.
How long will it take to receive my check?
While you are being treated for your injuries, our firm will be preparing your case. Our firm will obtain copies of all pertinent information, evidence and medical records in connection with the accident and your injuries. Once you have finished with your medical treatment, we will prepare the necessary legal documents to formally submit the settlement demand to the insurance company. The insurance company will evaluate the claims and respond with a settlement offer in about 20-30 days.
If you decline the settlement offer made by the insurance company, you should expect about 14 to 30 additional days for our firm to negotiate your claim with the insurance company.
If a settlement agreement is reached at the end of the negotiations, it usually takes another week or two for the settlement check and legal documents to be presented to the client. The typical time required to obtain your settlement check is about eight to twelve weeks after your treatment has been completed. Each case is different, however, and a slow response from the insurance company or insurance adjuster may lengthen this process considerably.
Some accident cases will not result in a settlement agreement. If that is the case, we will discuss your options and the possibility of filing a lawsuit in connection with the accident. We will attempt to resolve the client’s claim as efficiently and effectively as possible.
Do I have to appear in court?
If the insurance company agrees to pay a fair settlement for your injuries, expenses, and suffering, you may elect to “settle out of court.” If this is the case, you will not be required to appear in court. If the insurance company is unwilling to fairly compensate you for your accident claim, a formal trial proceeding will be necessary in order to fight for the money you deserve. In either situation, hiring an experienced Texas accident injury law firm is critical. We prepare our client’s case as if it is going to court. This trial preparation is the main reason that most of our cases are settled outside of court with an award that is acceptable to our client.
Who makes the decision to settle or go to trial?
The ultimate decision on settlement is made by the client. We feel it is the attorney’s jobs to get the case in the best position possible to convince the insurance company to pay a fair settlement. We offer guidance to the client as to what we think is fair, and what we expect the possible range of jury verdicts would be if the settlement offer is rejected.
Can I force the defendant’s insurance company to settle?
No. We recommend positioning your case so that if the insurance company does not make a fair money settlement that is acceptable to you, we will be ready to take your case to a jury. A settlement requires both sides to agree on an amount. In some cases, the insurance company doesn’t agree on who is at fault or the case value (or vice versa). In those situations, it will be necessary for a jury to decide which party is at fault and the amount of compensation to be paid to the injured party.
What is Underinsured or Uninsured Motorist Insurance?
Uninsured or underinsured motorist (UIM) insurance covers the difference in the negligent driver’s insurance policy limits and the costs and damages associated with your injuries. This is important coverage because the medical expenses such as an emergency room visit or emergency surgery often exceeds the minimum coverage that Texas drivers are required to carry. Purchasing Uninsured or Underinsured Motorist Insurance could make the difference in keeping your finances safeguarded during your recovery. Uninsured Motorist Insurance will financially protect you from costs arising from an accident caused by a driver who has no liability insurance. Although it is unlawful in the State of Texas to drive a car without liability insurance, there are still a large number of drivers without coverage or lapsed coverage.
Personal Injury Protection (PIP) coverage on my car insurance and should I pay for this coverage?
Personal Injury Protection (PIP) coverage is important because it will pay your medical bills, expenses and loss of income regardless of fault.
The other driver does not have insurance, so who will pay my bills?
Our firm will review your insurance policy to see if your insurance company may compensate you if you are involved in an auto accident with someone who has no insurance. Also, sometimes there are other persons or companies responsible for your injuries that might not be apparent. For example, if the other person became intoxicated at a bar before colliding into your vehicle, the bar itself might be responsible even if the driver has not insurance. Likewise, there might be a defect in the vehicle the lead to the collision, which might make the car manufacturer responsible. We will investigate the matter to determine all potential sources of recovery for you.
My car is totaled. How am I compensated from the other driver’s insurance?
After the accident has been reported to the “at fault” driver’s insurance company, an insurance adjuster will be assigned to your claim. The insurance adjuster will review the recorded statements of the drivers involved in the accident and review the accident report to determine if the insurance company is required to pay your claim. If responsible, the insurance adjuster with then have an appraiser look at the damage done to your vehicle. If the damage to your vehicle is severe enough, the insurance company will declare the vehicle to be totaled. The insurance company will determine the vehicle’s fair market value by sourcing the “blue book” value and then compensate you accordingly. The insurance company may also be responsible for other related expenses such as a rental car, mileage, towing and other accident related expenses.
