Common Questions

Legal Questions

Can I get a quick settlement without going to trial?

This is not the right question to ask. The real question is, "Can you get a fair and just settlement if you have not properly prepared a case as if it were going to trial." Insurance companies and defense lawyers know which attorneys will take the easy road and settle quickly and cheap. We develop each case as if it's going to trial.

What is my personal injury case worth?

It's really difficult to personally value your own personal injury case. The value of a case increases or decreases depending on specific facts, the perception of those facts by jurors, insurance companies, and the parties. Lawyers in this area of law are familiar with the outcomes and settlements of these cases. This is one of the main reasons injured victims need legal representation.

If I'm injured, do I deserve to be compensated?

Yes, especially if the accident was caused by the negligence of someone else. In addition, if you have no-fault coverage such as PIP or Med-Pay, you may be entitled to extra benefits on your own insurance policy to compensate for reasonable medical charges, and perhaps lost wages related to the accident.

What type of damages can I recover in Texas for motorcycle injuries?

Depending on the specific facts of the case, you could be entitled to payment for past and future medical bills, past and future lost wages, property towing, storage fees, past and future pain and suffering, past and future impairment, mental pain and anguish, loss of household services, and disfigurement.

Is the responsible party required to pay for a rental car for me as long as I need it?

This is not as straight forward as most think. At first, let's talk about a totaled bike. A negligent party or his insurer is obligated to pay for the fair market value of your bike if it is totaled in an accident. They are not required to pay for rental, sometimes called "loss of use" of the bike. Some insurers will pay for a rental between the time of the accident and once it's determined that your bike is totaled; but they also might not. Now if your bike is repairable and not totaled, the insurer is obligated to pay for loss of use; but usually this will not happen until they accept that their insured was at-fault and in most cases will only pay for the amount of time it'll take to repair your bike.

Do I have to get my bike repaired "wherever" it happens to be towed after the accident?

The law in Texas is that you have the right to get your car repaired wherever you like. Hence, you can have your bike repaired wherever you like. An insurance company can not tell you where you can have your bike repaired.

Will insurance companies never go to trial to avoid the negative publicity?

No, insurance companies will go to trial. They want to hold on to their money as long as possible. Insurance company defense attorneys are not afraid to go to trial; they get paid by the hour so the longer they work on a case, the more they get paid. The only way you'll get compensated is if the insurance companies and their attorneys respect the risk they are faced with if they take it to trial. We make them understand that risk.

If I tell the insurance company that I have a lawyer, will they pay less?

Not if you choose the correct attorney. An experienced lawyer will put together the facts and your case to persuasively present your claim. In addition, the insurance company will know that your lawyer is prepared to file a lawsuit if you're not fairly compensated. If you have no lawyer, an insurance company will try it's best to give you an offer below the actual value of your claim.

If the case goes to trial, will the jury see who is right? Will I get more money from a jury?

Unfortunately, nowadays, due to anti-consumer pro-big business and pro-insurance interest groups, many people who sit in a jury are being mislead to think that anyone who has an accident claim is trying to get something for nothing. Those mislead jurors are lead to believe that fair compensation must be withheld due to a false notion of "frivolous lawsuits". This is why you must have an experienced attorney that will advise you correctly if you should accept a settlement offer or push for a lawsuit and go to trial.

Should I be afraid to go to trial?

The best way to recover the maximum compensation is to fully prepare a case as if you're going to trial from the beginning and letting the responsible party and insurer know that. When an insurer understands that you're prepared to go to trial, in some cases, that is when they'll make their best offer. Going to trial is not an easy decision and you need an experienced lawyer to advise and determine if you will have a better chance at a greater recovery by going to trial or accepting a settlement offer.

Am I entitled to punitive damages if the other driver caused the accident?

In Texas, a person can be liable for punitive damages if the conduct is such that is it a conscious disregard for the rights, welfare, and safety of the public or community. If the other driver chose to disobey certain traffic laws such as speeding or improper lane change and by doing so injures you, then yes, they can be held liable for punitive damages.

Medical Questions

How can I go to the hospital if I'm injured but unable to pay?

In actuality, it'll cost you more money in terms of value of your settlement if you don't go to the emergency room when it's necessary to do so. So if you're hurt in an accident or think that you might be, go to the emergency room in the ambulance to be evaluated. Going to the hospital is important for several reasons: 1) For your health 2) If you don't go to the hospital, an insurance adjuster will think that you're not hurt thus they'll feel that they don't need to compensate you.

What if I don't have health insurance or can't afford it?

Yes, a hospital can not refuse treatment. Usually, the medical bills will be paid out from the recovery or settlement of the case.

What if I cannot work due to my injuries?

If you can physically work, then do so. If you can't physically work, you must have a doctor's note excusing you from work. If there's no doctor's note, an insurance company will not agree to pay for lost wages.

Will my doctor make good notes of all of my complaints and everything we talk about?

With doctors being paid less and having to spread their time with more patients, actual chart notations and interviews are being delegated to other staff members. Mistakes can happen and insurers will try to take advantage of inconsistencies to call a victim a liar. We will never tell you or your doctor how to care for your medical needs; that's between you and your doctor. However, insurance companies will try to find ways to reduce your compensation. One way of doing this is by finding inconsistencies between what you say and what your doctor's notes say. If you claim that your left foot hurts but your doctor's notes don't mention anything, an insurance company will assume that you're lying. This is why it's important to emphasize to your doctor what hurts, is swollen, doesn't feel right, or feels uncomfortable after an accident.