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PERSONAL INJURY

Frequently Asked Questions

Individuals contemplating a personal injury claim are confronted with many questions and issues, many of which they may not initially be aware of. Some of the most important of these are addressed below. Please call our office toll-free if you want to contact us about an injury.

How can I tell if I have a case?
Your case should be evaluated by a qualified professional. By providing a detailed description of how the accident occurred and the severity of your injuries, we can analyze the particular law and discuss the strengths of your case.

How can I tell what my claim is worth?
Although there is no precise formula to determine what a case is worth, our attorneys have years of experience handling similar cases and can estimate the value of your case after all relevant facts are disclosed. In addition, we have access to an up-to-date jury award and verdict database to determine what similar cases have been awarded in the past in your location. More info on this website

What are some of the most important things I should understand before pursuing my claim?
After determining the strengths and weaknesses of your case, one of your most important decisions will be the selection of the best law firm to represent you. You want your attorneys to be experienced litigators who can obtain the highest award or settlement for you and your loved ones.

What are the steps involved in pursuing a personal injury claim?
Although each case is examined case by case, the usual path is to conduct a thorough investigation and then file a complaint detailing how the defendant harmed you. This starts the lawsuit. Discovery then follows, which may consist of written questions (interrogatories) and oral questions (depositions) to determine the facts of the case. Most cases eventually settle at mediation, but if not, a trial will occur so that a jury can decide your case.

What kind of compensation do most people receive for personal injury claims?
Usually, the injured person (plaintiff) receives their medical expenses, both past and future, their lost wages or business loss, and compensation for their pain, suffering, anguish, and damage to relationships.

How much time do I have to file a personal injury claim?
The general rule in Texas is that you have two years from the date of the accident or from the time you discovered the injury. A few claims have shorter dates, so you should not delay contacting an attorney.

Why should I hire an attorney to assist me in resolving my injury case?
An unrepresented injured person does not have the skill or experience to negotiate the best settlement for him or herself. Some insurance companies have adjusters who will not offer you as much money for your claim as when an experienced, respected attorney represents you. You should have a skilled and experienced advocate representing your interests at all phases of the claim process.

Can a lawyer help me recover more than I could get on my own?
Absolutely. The person or company who injured you wants to resolve your case as cheaply as possible. It is certainly not in their interest to tell you how to receive the most money so that you and your family are fully compensated.

How do I choose a good attorney?
You choose a good attorney by asking questions about similar cases the law firm has handled and the outcome of those cases to determine who has the experience and expertise to get a good result.

When should I select a lawyer?
Don’t delay in selecting your attorney. An early selection can allow for gathering evidence, records, and witness statements that may not be available later.

What should I expect from a good attorney during my case?
You should expect regular contact from your attorney so that you are kept informed as to the status of your case. You should be able to call and talk to your attorney and receive promptly returned phone calls if he or she is not immediately available.

What types of injury claims do you handle?
We handle catastrophic injury claims that can result from a variety of situations, including but not limited to construction injuries, alcohol liability accidents, prescription errors, railroad crossings, and catastrophic accidents.

What parts of Texas do you handle cases in?
We have the expertise and capacity to handle cases throughout Texas.

What is your “success rate”? Why should I hire your law firm?
We have had tremendous success on behalf of our clients. Due to our skill and expertise in representing severely injured people, we have obtained substantial awards on their behalf.

Do I have to pay the attorney fees up front?
Catastrophic injury cases are usually handled on a contingency fee basis. You pay no attorney fees unless we collect money on your behalf.

How do I pay your legal fees?
When you receive a settlement or an award from the trial, the attorney fees are deducted based on a pre-arranged percentage. You do not owe any attorney fees if there is no recovery.

Lawsuits can be expensive; will it cost me any money upfront for filing fees, court costs, expert witness fees, and any other costs?
It will not cost you any money upfront. Our firm will advance the costs of the lawsuit, which will be deducted later from the recovery. The law requires that you remain responsible for the costs, including items such as filing fees, medical records, expert witness costs, etc.

How many cases settle?
The statistics show that 85% of cases settle before trial. A good lawyer has prepared thoroughly so that your case is well presented at the settlement conference and is ready to go to trial if the other side is unreasonable during settlement negotiations.

How long will it take to resolve my case?
Some cases resolve quickly, but others take years to go through trial and appeals. Often, your attorney can assist you during the process by obtaining payments for medical bills and your lost wages while your case is progressing.

How will my medical bills be paid if I am injured?
Depending on where you were injured, your medical bills might be paid by the other side’s insurance company, your insurance company, your medical provider, or worker’s compensation. The negotiations for paying back some of these sources from the settlement or award should be negotiated by your attorney to get you the best deal.

Can I recover lost wages if I am injured?
Yes, you can recover your lost wages. If you are self-employed, you may recover additional damages to your business during your recovery.

Can my lawyer settle my injury case without my consent?
No. You are the one who decides to settle or not. Your attorney is there to advise you based on his or her experience, but you will decide whether or not to settle your case.

If an insurance adjuster calls me after my accident to ask me questions, must I talk to him?
You do not have to talk to the other side’s insurance company. Once you have an attorney, the insurance company will be required to deal directly with your attorney to insulate you from such contact.

Are there things I can do to improve the strength of my case?
The early gathering of documents and information can be important. Selection of your attorney as early as possible can also be important to getting the process started and protecting your rights and interests.

Are there things I should avoid saying or doing that may hurt my case?
It is best not to talk to anyone other than your attorney. Statements that you make about how the accident happened may be taken out of context or misconstrued. You will have ample opportunity to tell what happened to you once the process is started.