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Frequently Asked Questions
What are your attorneys’ fees?
What happens when I contact you about my case?
What is my case worth?
How much time do I have to file a lawsuit?
When should I hire an attorney?
How long will my case last?
What kinds of expenses are involved?
What are some tips for injury victims?
What are some Dos and DON’Ts after an accident?
What do I need to do to get a lawsuit started?
Can I get a lawsuit started for an injured family member?
What are the signs of brain damage or traumatic brain injury?
How is the claim valued?
Which relatives are allowed to sue for wrongful death?
How is the value of a wrongful death case established?
Why should I hire an attorney?
Should I try to settle a case myself?
Can I afford a good attorney?
Should I give the insurance company a tape-recorded statement?
Do I have a case if I was partly to blame?
What should I look for when choosing an attorney?
Do you make house calls or hospital visits?
What are your attorneys’ fees?
Our firm handles all of its personal injury cases on a “contingency” basis meaning that you only pay us attorney fees if we recover compensation for you. Our fee is one-third of the recovery if no lawsuit is filed. If a lawsuit is filed, forty percent. However, approximately nine of ten cases do not require the filing of a lawsuit.
What happens when I contact you about my case?
Each prospective case is immediately evaluated by an attorney in our firm for liability and damages. Potential litigants should consult an attorney as soon as possible after their injury before evidence is lost and witnesses’ memories fade. The call to our office and initial consultation are free.
What is my case worth?
This is a difficult question to answer, as each client will have different accident-related damages. Essentially, the case value is based on two dependent factors: Liability and Damages. Liability is who is at fault in the accident. Liability can be comparative in Texas (Comparative Negligence) meaning that more than one person is at fault. Damages equate to the total losses that you have incurred or will incur in the future as a direct result of the accident; including pain and suffering, lost wages and medical bills. Remember, if a settlement is not reached and your case goes to trial, your case is worth whatever a jury decides and awards.
How much time do I have to file a lawsuit?
In Texas, personal injury claims are subject to a two (2) year statute of limitations. If you fail to resolve your claim or file a lawsuit by your statute of limitations date, you may be barred from proceeding with your claim. You should consult an attorney immediately after an accident to make sure all your interests are adequately protected. Remember we offer free initial consultations.
When should I hire an attorney?
An injured party or relative or close friend of an injured party should contact an attorney as soon after an accident as possible if you believe that another party may be at fault for the accident. This is necessary in order to counsel the injured party as to his rights and how to acquire adequate compensation for his injuries and any other damages, and to preserve any evidence and to investigate the case. You should keep in mind that the Statute of Limitation in Texas varies for certain types of accidents. For instance, in Texas, an auto accident involving a third party is generally governed by the 2-year Statute of Limitations. This means a lawsuit must be on file and the offending party served with the lawsuit no later than two years from the date of your accident or the case must have been completely resolved by that date. There are certain exceptions to this general rule that may shorten or lengthen the period depending on the facts. If you miss that 2-year deadline, your right to compensation may be forever lost. In some cases and in some states, the Statute of Limitation or Statute of Repose may be shorter and in some cases, it is longer. There are certain Statutes of Repose which may also affect some claims such as injuries caused by older products. When in doubt, contact an attorney of your choosing as soon as possible.
How long will my case last?
Every case is different and involves different issues. As such, some cases are resolved in very little time depending on the parties, the events surrounding the accident, and the adjusters and/or attorneys involved. An exact timeframe cannot be given although once you contact an attorney, he or she will be able to tell you the process and procedures involved in making a claim against another party and the approximate amount of time it would take to litigate such a claim based on the information you give to the attorney and his investigation of the case. For non-catastrophic matters in which no lawsuit is filed, we aim to settle and for our client to be paid within sixty (60) days of being released from a doctor’s care.
What kinds of expenses are involved?
Court filing fees and costs, investigator, medical records, expert fees, reconstruction costs, etc. At no time is a client asked to pay these expenses upfront. Also, if the case does not result in a settlement or verdict, no fee or reimbursement of expenses is required.
What are some tips for injury victims?
Call an experienced attorney after an accident as soon as possible.
Cooperate and be honest with your attorney and his staff. All conversations are confidential and subject to the attorney-client privilege and cannot be divulged to any outside party.
Do not speak with insurance adjusters or anyone else who might contact you without your attorney’s permission.
Follow your doctor’s instructions completely to ensure complete and proper healing of your injuries.
Do not agree to settle your case with an insurance company or any entity involved because once you accept money or sign a release, you may sign away all your rights to further compensation.
What are some Dos and DON’Ts after an accident?
DO seek prompt medical care for your injuries.
DO call an experienced personal injury attorney as soon as possible after an accident.
DO NOT admit fault or liability for causing the accident, even if you are not sure who caused the accident.
DO NOT speak with insurance adjustors from any company before contacting an experienced lawyer to learn of your rights.
DO take photographs of the scene of the accident and the vehicles involved particularly when the damage to the vehicles is significant.
What do I need to do to get a lawsuit started?
You should contact our Law Firm as soon after an accident as possible to determine whether the case can be settled for full compensation prior to filing a lawsuit. If this is not possible, on cases we accept, the attorney will file the lawsuit on your behalf.
Can I get a lawsuit started for an injured family member?
Absolutely! If the injured party is a severely injured relative or a minor child or the child or close relative or someone severely injured or killed in an accident, the law allows certain relatives or guardians to proceed and litigate a matter on behalf of such an incapacitated person.
What are the signs of brain damage or traumatic brain injury?
Signs of brain injury are sometimes difficult to recognize. Generally, some signs of mild brain injury or a concussion can be memory loss, loss of consciousness at the scene, dizziness, or headache. Inform your doctor whenever you have any symptoms you think may be related to a head injury.
How is the claim valued?
All claims are different. However, the issues and injuries in some claims may be similar to prior cases and such a claim may be compared to previous claims that involve the same issues and same type of injuries and losses.
Which relatives are allowed to sue for wrongful death?
The law establishes which persons may be entitled to compensation for loss or injury. It is always wise for any family member of a person who has been severely injured or killed in an accident to contact a wrongful death lawyer immediately after the accident to evaluate the matter and determine which family members may be entitled to compensation.
How is the value of a wrongful death case established?
It is impossible to place a monetary value on the life of a loved one. Nothing can be done to bring them back. The law allows for certain damages for the loss of a loved one in some cases. Contact us for a free consultation with and we will explain the legal recovery process in detail.
Why should I hire an attorney?
In order to protect your and your family’s rights. Making a wrongful death or personal injury claim is complicated and requires knowledge of the law by an experienced personal injury attorney.
Should I try to settle a case myself?
Not in our opinion. Insurance companies may take advantage of unrepresented claimants by paying less than what the claim is worth or duping you into making statements that are against your best interests. Remember: once a Release is signed and the payment is accepted, your claim is done. You don’t have to hire us, but you should hire a qualified attorney and let him or her handle your claim.
Can I afford a good attorney?
Yes. A contingency fee arrangement means that we are paid only when you are paid. Also, we will pay the expenses in prosecuting your case and will be reimbursed by you out of any settlement or verdict collected.
Should I give the insurance company a tape-recorded statement?
You may, but with the aid of an attorney. Cooperation with the insurance company is encouraged but you should never give any type of statement and never discuss your injuries or how the accident happened without first contacting your lawyer.
Do I have a case if I was partly to blame?
You may very well have a case even if the accident was caused in part by your actions. Please feel free to contact us to evaluate the circumstances involved and make that determination.
What should I look for when choosing an attorney?
Experience and success in handling serious injuries and death claims and the ability to bring in the highest compensation possible.
Do you make house calls or hospital visits?
Yes. Depending on the severity of the injury, you may call us and we will meet with the injured party or surviving family.
Please Note: The information you obtain at this site is not, nor is it intended to be legal advice. This has been prepared for informational purposes only. We do not intend to create an attorney-client relationship between our firm and the recipient of the information contained on any pages. You should consult an attorney for individual advice regarding your situation.
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Looking for a complete answer to ‘Are medical bills included in a bodily injury claim?’ and other similar questions? Here are all the answers that you are probably seeking on this topic.
The most important thing first: Yes, medical bills are definitely included in any bodily injury claim. Not only those medical expenses that you have already incurred but also those expenses that you might have to bear in the future or those that are currently pending. In Texas, there is no upper limit regarding compensation for medical bills, as is the case with non-economic damages, where the upper limit is $250,000. Medical bills come in the ambit of economic damages and you would be compensated for every dollar that you are forced to spend on your treatment for an injury caused by the negligence of somebody else.
It is not that simple. Personal injury cases are very complex in nature and not easy to win. If you are seeking to file a claim for your damages, then you must consult an attorney or a legal firm immediately. Not only will legal help assure that all requirements and procedures of the case are taken good care of, but it would also be able to advise you on the feasibility of filing a claim. The cost of fighting a case in the court might be more than the compensation that one is likely to receive if one happens to win the lawsuit at times. In such a case, your attorney would advise you against the pursuit of a legal battle and suggest other alternatives. Most firms offer to analyze your case and inform you about the feasibility of pursuing a legal battle for free. Therefore, the first step that you should take is contacting a lawyer who specializes in personal injury litigations.
Now, if you do not want to take the risk of losing the case in the court and not receiving a single dollar as compensation, then you can even opt for an out-of-court settlement. Though an out-of-court settlement is less likely to give you a large compensation, it is safer and sometimes the more feasible path to take. A court settlement can drag for a long time and require a lot of time and effort on your part. Therefore, only if you are very sure of winning the case, should you take the case to the court.
In the court, you would first be required to prove that your injury was caused due to somebody else’s negligence or mistake firstly. To be more precise, you would have to prove that the other party was more than 50% responsible for your injury since the amount of compensation would depend on the share of your responsibility for your injury. If the injury occurred due to mostly (more than 50%) your negligence, then you are entitled to get no compensation according to the Texas laws. If you were less than 50% responsible, then the lesser your share, the more would be the amount of the compensation. After you have proved this, you will have to give evidence of your losses, like copies of medical bills, etc.
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A personal injury attorney is a lawyer who specializes in representing a claimant who has been injured physically or psychologically due to a third party’s negligence. While most of these specialized attorneys are capable of providing representation in all areas of tort law, most will pick a specific field such as auto accidents or medical malpractice, and advertise their services accordingly. Because of the potential loss that these lawsuits pose to the defendant, whether it be an individual or company, most of these cases are settled prior to trial through a settlement agreed by both parties. When potential claimants are seeking an attorney, a common question that comes to mind is how lawyers are paid from a personal injury claim once a settlement or a judgment is made.
The obvious purpose of a personal injury lawsuit is to have claimants compensated for injuries and suffering sustained from the injury in question. In most cases, in order to be compensated for injury in Texas, the claimant or the claimant’s lawyer will be required to prove that the person accused of the injury cause was negligent in their actions. This is referred to as the Texas Tort Laws. While many settlements are agreed upon that will total far above the medical costs of the claim if a personal injury attorney has to take a case to trial the fees will be much higher due to the higher amount of time dedicated to the case. Fees charged by attorneys will vary based on the size of their practice and firm, as well as the size of the case and how much personal attention an attorney must commit. Sole practitioners are generally more willing to accept smaller cases and charge far lower fees.
Fees for representation are based on several factors, including time, energy, outcome, the difficulty of the case, and the experience of the attorney representing the client. Most personal injury attorneys will also front the costs associated with ordering medical records and reports, and these costs will then be added to the fees at the end of the trial or settlement. Standard payment options will be discussed prior to retaining a lawyer’s services. These standard options will depend on the firm and could be on an hourly, contingency, flat fee, or retainer basis. While some attorneys will charge other rates, most charge on a contingency fee basis in personal injury cases.
Contingency fees are spelled out in the retainer that the claimant and law firm sign. The prior arrangement will state a set percentage that the attorney is entitled to in the event that the case is won. The percentage of the contingency fee pertains to the amount of recovery in the case. Percentages will be lower for cases settled without trial, and higher for those that reach trial, depending on the length. Most claimants search for a personal injury lawyer who operates on a contingency fee basis, as they are only required to pay if there is a recovery and will not have to front money out of pocket like on a flat fee basis.
Knowing how lawyers are paid from a personal injury claim or case is important when choosing the right representation. As always, individuals should consult several firms and research their winning ratios prior to retaining the services of any specific lawyer. Make sure the fees are reasonable and the experience offered is that which will benefit you in your specific personal injury claim.
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How do I receive my personal award after court or a settlement is a good question. Most of the time the funds are paid to the attorney and the attorney will distribute them. When the funds are paid depends upon the agreement that is reached or ordered by the court. There are two times during this process that a settlement may be offered. Once a settlement agreement has been reached or the court has awarded money to the client, the exact distribution process will be outlined. There are two things smart clients will ask of their attorney at this time.
The procedures required to reach this point are quite simple. The client will have sustained damages and contacted a professional trial attorney who specializes in that type of case. The attorney will set up an interview with the client, gather information about the case and proceed. A lawsuit will be filed and the defendants named.
If the lawsuit has enough merit, an offer to settle may be extended. The attorney will discuss the offer with the client and decide to accept the offer, counter the offer at a higher figure or reject the offer and proceed with a lawsuit. Over 90% of lawsuits are settled prior to trial. Many of these are settled just before trial after all the discovery and work has been done. If a settlement agreement is reached, that agreement will have a date when the funds will be paid.
The settlement agreement usually has the funds going to the attorney; the check may be made out to both the attorney and the client. If both names are on the check, the client will need to endorse the check. The attorney will deposit the check and distribute funds as agreed. Many times attorneys take these cases on contingency, pay costs from their own pocket, and do not get reimbursed until a settlement is reached and the check is cashed. The attorney will work as hard as he or she can to make this happen as soon as possible.
If the court awards the funds, the insurance companies representing the defendants may settle immediately or may appeal. Sometimes courts allow these to be paid over a period of time. The plaintiff can request payments that can be made to the court and dispersed by the court.
The fastest way to receive a payment is through a settlement with the insurance company prior to trial. The attorney will receive the funds and will distribute them according to the agreements. Clients should ask for a copy of the insurance check and a copy of any checks used to pay costs. Payments made from the settlement or award may include the attorneys’ fee, any agreed-upon costs to bring the suit like the cost to file suit, expert witnesses, depositions, and subordinated claims to an insurance provider who paid medical bills on behalf of the client. The balance of the funds received is then paid to the client.
To answer the question how do I receive my personal award after court or a settlement, you usually must seek the advice of an attorney.
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If you find yourself in a situation where you feel you must acquire a lawyer to help settle a personal injury matter, it would be beneficial for you to first become familiar with the process of filing for personal injury claims as well as what kind of fees personal injury lawyers charge. Most people are not familiar enough with the terminology used by lawyers when it comes to their services and fees which often causes misconceptions or misunderstandings in the lawyer/client relationship. This can readily be avoided if both attorney and client have more clear and open communications concerning this matter before an attorney accepts a case.
One aspect of personal injury claims that people have a misunderstanding about is the significance of the lawyer’s “contingency fee”. In brief, a contingency fee is a payment an attorney expects to receive for his services in representing your personal injury case. This payment may be a percentage of the amount of gross or net funds you receive from your claim, depending on whatever terms were agreed upon when you hired his services. If the terms you agreed to stated he would receive a percentage of the gross funds, this means a percentage of the total funds received for your settlement, before deducting the cost of medical bills and/or other expenses.
What is the proper contingency fee for personal injury cases? Most lawyers will ask for a percentage of your gross settlement and nothing more – no extra charges, no additional hourly fees. However, these are terms you and your lawyer should settle upon before he is hired so there are no misunderstandings of your specific arrangements. You can check within your state to see if there is a fixed contingency fee by law, but otherwise, most fees are negotiated between client and attorney ahead of time, and these can be anywhere between 25 – 45% of the gross settlement. On average 33% of the gross settlement seems to be what most personal injury lawyers charge.
A few factors you may want to consider when negotiating a fee is the lawyer’s range of experience and expertise. Choosing a more experienced attorney with a greater track record, even though he may charge higher, may be to your best interest in the long run as he may be able to procure a greater settlement. In other words, a more capable and astute lawyer who “knows his stuff” can actually increase your chances of obtaining better success in your case than hiring a mediocre counterpart for a lesser fee. This is something you should take into consideration when making your decision.
You may wonder whether hiring a lawyer by the hour would be more advantageous rather than paying high contingency fees. When you choose to hire a lawyer and pay by the hour, these funds come directly from your own pocket, regardless of whether you win or lose the case. When opting to pay by contingency fee, the lawyer receives a percentage of your winnings – if you lose there is no payment. Therefore, the better deal is going with the contingency fee.
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Choosing a lawyer of any type is always a difficult decision and one that you should research thoroughly before you make your choice. This is particularly important when choosing a personal injury lawyer. This type of lawyer is one that has only become largely used over the last few decades, but is now extremely popular, especially in the United States. There are a large number of such lawyers as there are a plethora of individuals searching for a personal injury lawyer. If you have been involved in an accident of any type that is not your fault then you may well be eligible for some sort of claim. Often the amount you are entitled to can be extremely large. The amount will generally depend on the severity of your injuries. The more severe your injury the higher the payout will be. Sometimes it can be into the millions of dollars.
There are a number of law practices based in and around the area that specializes in this type of lawsuit, and thus have years of experience in attaining the maximum amount of compensation for your injuries. One such law office is our Law Firm. We have many areas of expertise with injury cases. Below are some of their more prominent case specialties.
Automobile accidents are one of the most common claims that are made. For this reason, this is one of the main areas that this practice covers. The key to a successful claim is the speed at which you and your lawyer take action after the accident has occurred. The faster the action is taken, the better chance you have of receiving the maximum claim.
The first step is obviously to assess both yourself and any other drivers to see if either of you have any sort of injury. One of the most common mistakes is to assume with a small accident that there has been no injury to either party. This is not always the case and if trauma is spotted further down the line it can be extremely costly to you and the other parties. If injuries are spotted then call 911 immediately. Once the police and paramedics are on sight you can leave everything to them to follow the law to the letter. This eradicates you from any further repercussions.
The firm also specializes in other injuries such as dog bites, construction accidents, and job injuries. All of these other types of injuries should be dealt with in a similar fashion. Whenever anyone is injured the police should always be notified so that everything can be officially documented from start to finish. By following this procedure you can ensure that when the case comes to court not only are you fully protected but if you are to make a claim against another individual or a company that you have all the relevant data to make a solid case on your behalf.
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In terms of auto insurance, both liability and property damage cover are required by law. While many licensed drivers fulfill this requirement, most do not have an in-depth understanding of what they actually cover. Each state varies on the limits and coverage that they require by law, and with these variances comes the need for personal injury protection coverage, also referred to as PIP. While this may sound similar to bodily injury coverage, the premise and persons covered are quite different. If the question: What is “no-fault” auto accident injury protection, or PIP (personal injury protection) and what does it cover?- crosses your mind, you should make the effort to research this prior to excluding or committing to specific limits.
Personal injury protection cover, or no-fault coverage, refers to coverage applying to the named insured and listed drivers no matter who is at fault in the accident. Similar to medical payments coverage, PIP will pay for injuries sustained to the named insured and their passengers in the event of an auto accident. In addition, PIP will also payout for lost wages due to injuries sustained that have kept the affected parties out of work. These coverages are similar to what a medical and disability insurance plan would cover, without several exclusions. While it is optional in most states, 16 states currently require licensed drivers to carry at least a minimal amount of PIP coverage. Texas is one of these 16 states that require PIP coverage.
A common question amongst drivers who are not fully educated in the terms and conditions of insurance is whether or not they need PIP coverage if it is not required by law. While many have medical and disability coverage through their employers, there are several reasons to opt-in on this coverage. The primary reason to opt-in is that PIP will act as secondary coverage in an accident. This means that whatever your medical insurer excludes, your auto insurer will pick up the tab within the limits of your contract. It is important for drivers to know if their medical insurance plan covers injuries sustained in an accident, and if chiropractic care is excluded, which is very common. In these cases, those suffering a loss will not have to worry about going between several insurers to have their claims paid in a timely fashion.
For those without employer-sponsored medical and disability insurance, PIP is essential for covering extremely expensive medical bills that are associated with auto accidents. With the rate of unemployment rising to an all-time high, and layoffs continuing across the nation, opting-in on this coverage is a good way to protect your credit and assets rather than going uninsured. Also, you will avoid waiting for the other company to pay medical bills if the party at fault argues the decision made by the claims department.
In this day and age of uncertainty, being adequately covered is essential. Do your research on your current auto insurance policy and review excluded coverages and limits to ensure you have a nice blanket of coverage all around. While your car is important, your life and well being are much more so.
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