Facing a legal battle might seem daunting. No doubt you have questions that need to be answered. Let us provide the answers that you need in person by scheduling a free consultation right away. We have also included a few commonly asked questions and answers here to give you a better understanding of personal injury and how a qualified injury law firm can help you.
What should I do if I’m in an accident?
In car accidents, truck accidents or other accidents, if you or anyone else was injured at the scene, you should immediately seek medical attention. Always follow up with your doctor as soon as possible for a more thorough examination of your injuries. If there were any witnesses to the accident, record their names and contact information. If the police investigate the accident, always make a complete and accurate statement. If you are unable to make a statement at the scene, get a copy of the police report as soon as possible to review it for any errors or inaccuracies reported by the other driver. Promptly contact a personal injury law firm to preserve evidence and protect your legal rights.
If I feel pain after an accident, should I wait and see if it goes away before seeing a doctor?
This may be the worst thing you could do to your case. Every day you delay seeking treatment you increase the likelihood that the insurance company will question whether you were truly injured in the accident. Even if you can medically prove that you were injured, the insurance company will suspect that you suffered a subsequent injury. Neither the insurance company nor a jury will reward you for trying to “tough it out.”
What happens if I am injured in an accident caused by an uninsured driver?
Some policies provide uninsured motorist coverage, in which your own insurance company should compensate you up to your policy limits. Unfortunately, the Texas Supreme Court has recently ruled that your insured carrier is not obligated to compensate you in an uninsured motorist claim until liability and your damages are determined by a court of law. As a result of this Supreme Court decision, most insurance carriers now low ball or even flat out deny uninsured motorist claims. Therefore, it is important to consult with an experienced attorney and consider pursuing a lawsuit not only against the negligent driver but also your own insurance carrier. For further information on coverage requirements, visit the Texas Department of Insurance website.
What happens if the accident I was in was caused by a drunk driver?
In DWI related accidents and other injuries that involve negligence due to alcohol consumption, there are a number of avenues that we can pursue in your case. The Dram Shop act might hold those who served the defendant accountable. Even if the person who caused the DWI crash injury is facing criminal charges, you can still file a civil suit. If they aren’t found guilty on a criminal level, they may still be liable in your civil case.
If I want to file a personal injury claim, how long do I have to file a claim?
In Texas, personal injury claims typically must be filed within two years of the incident causing injury. Do not delay in filing your claim — other factors, such as witness recollection, can be negatively affected by a delay in filing a claim. Consult an experienced attorney as soon as possible after you are injured.
Can the insurance company deny my claim or refuse to settle with the other party?
Your insurance company is obligated to handle your claim in good faith. If your carrier denies your claim, offers an unreasonable amount, refuses to settle, refuses to defend you, cancels your policy, or there is an unreasonable delay in paying or settling a claim, we can help you take action against the insurance company. Even if the insurance company offers you a settlement, it is in your best interest to consult with a reliable personal injury lawyer to make sure it is a fair amount.
Do I really need an attorney to represent me in dealing with the insurance company?
Insurance companies are in business to make a profit, and will attempt to minimize the value of a claim or deny it altogether whenever possible. Insurance companies employ adjusters and attorneys to protect their interests – similarly, you should have someone on your side to protect your interests and make sure you receive fair compensation for your injuries. Our team of experienced personal injury attorneys will level the playing field in negotiation and litigation with the insurance company, ensuring your interests are fully protected and that you are fully compensated.
If I hire a lawyer, will I have to go to court?
Very few auto accident cases go to trial. Over the years, insurance companies have been gradually reducing the offers they make on cases, making them much harder to settle. This has caused a greater percentage of the cases to end up in a trial. However, many cases settle soon after a lawsuit gets filed. Many more settle at mediation a few months after a suit is filed.
If your case is one of the very few that actually has to go trial, our firm will make sure you are thoroughly prepared and will provide you with aggressive and experienced courtroom representation.
What do you charge?
There is no charge for the initial consultation with an attorney. If we determine we can help you and take on your case, we charge a contingency fee based on percentage of the total recovery obtained on your behalf. If there is no recovery, there is no fee.
What if I lose, will I owe the attorney?
No. Our fees are contingent on a successful recovery. In general, this means that if we do not obtain a recovery for you, then you will not be charged.
Aren’t people who hire lawyers and file lawsuits just greedy and looking for a handout?
Do not believe the lies propagated by self-interested insurance companies and the politicians they finance to make the laws more favorable to them at the expense of individual rights. Most of our clients are normal, hardworking people who never thought of themselves as the litigious type. They certainly are not trying to get rich or reap a windfall. They have usually come to our firm, because the insurance company was either unresponsive to them or gave them reason to believe they would not treat them fairly and make them whole.
Furthermore, though we do not encourage every client to file a lawsuit, because it is not always in their interests to do so, their right to file a lawsuit and, if necessary, have a jury trial is enshrined in our federal and state constitutions. Thomas Jefferson called it “the only anchor yet devised by man, by which a government can be held to the principles of its constitution.” James Madison stated that “trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.”
There is absolutely no shame in exercising one of our most sacred rights, and those who denigrate and try to weaken that right insult our nation’s and our state’s founding fathers and demean the brave men and women who have fought to secure and protect that right over the centuries.
