Frequetly Asked Questions

If you have been injured in an accident in Texas due to someone else’s negligence or intentional actions, you may be entitled to receive compensation for your damages through a personal injury lawsuit. Damages are monetary awards designed to compensate you for the physical, emotional, and financial losses that you have suffered as a result of the accident. In Texas, there are various types of damages that you may be able to recover in a personal injury lawsuit, including:

  1. Economic Damages

Economic damages are those that are easily quantifiable, such as the costs associated with medical treatment, lost wages, and property damage. Economic damages can include:

  • Medical expenses: This includes any medical treatment or rehabilitation that you require as a result of your injuries, such as hospital bills, medication, therapy, and future medical costs.
  • Lost wages: If you are unable to work due to your injuries, you may be able to recover the wages you would have earned during that time, including any future lost earnings or earning capacity.
  • Property damage: If your personal property was damaged in the accident, such as your car or other possessions, you may be entitled to receive compensation for repairs or replacement.

 

2. Non-Economic Damages

Non-economic damage   are more difficult to quantify, such as the physical and emotional pain and suffering you experienced as a result of the accident. Non-economic damages can include:

  • Pain and suffering: This includes compensation for the physical pain and emotional distress caused by the accident, such as anxiety, depression, and loss of enjoyment of life.
  • Loss of consortium: If your injury has impacted your relationship with your spouse, you may be able to recover damages for loss of consortium, which is a loss of companionship, affection, and other benefits of marriage.
  • Disfigurement or impairment: If your injury has left you with permanent scars, disfigurement, or disability, you may be entitled to compensation for the impact on your quality of life.

 

3. Punitive Damages

In rare cases, a judge or jury may award punitive damages in addition to economic and non-economic damages. Punitive damages are meant to punish the at-fault party for their actions and to deter others from engaging in similar behavior. Punitive damages are only awarded in cases of gross negligence or intentional misconduct, such as drunk driving or intentional harm.

It is important to note that in Texas, there are caps on damages for certain types of cases. For example, medical malpractice cases have a cap of $250,000 for non-economic damages, while wrongful death cases have a cap of $2.5 million in total damages. These caps are designed to limit the amount of damages that can be awarded in order to prevent excessive verdicts.

If you have been injured in an accident in Texas, it is important to understand the types of damages that may be available in a personal injury lawsuit. Economic damages are intended to compensate you for tangible losses, while non-economic damages are designed to compensate you for intangible losses, such as pain and suffering. In rare cases, punitive damages may also be awarded to punish the at-fault party. A skilled personal injury attorney can help you understand your legal rights and fight for the compensation you deserve.

  • Assess the Situation: If you are in an accident,  the first thing you need to do is assess the situation.      Do not leave the scene. Stop your vehicle, check for injuries and make sure you and all your passengers are okey.  Call 911  and make sure to ask for a emergency vehicle, if needed.  If possible, move your vehicle safely out of the way of on coming traffic or turn on your hazard lights ad stay in the vehicle until help arrives.
  • Admit to Nothing:  Do not get out of the vehicle if you are injured.  Make sure to receive property medical treatment at the scene.
  •  Exchange Information with the Other Driver(s). Get the other driver’s name, address, phone number, insurance information and driver’s license number.
  • Take Pictures and Videos of the Accident! Do your best to document the scene.     It is very important you gather as much information as possible at the time of the incident. Try to include pictures of any injuries and the surrounding area.
  • File a Police Report and Get the Police Officers Contact Info:  Make sure to contact the police to report the incident, especially if there are injuries or significant property damage.   The police have a duty to investigate the accident and file a report.   You will then need to give the police a couple of days to finish the report before you  make contact, where you will ask for a copy of the report.
  •  Get the Name and Contact Information of Witnessess: Get the name and contact information of any witnesses to the accident.  If the witness is OK with it, record their statement.  Surprised how many times the testimony of a 3rd party witnesses helped to overcome any liability issues subsequently raised by the insurance adjuster or defense attorney.
  •  Notify your insurance Agent or Contact your Insurance Company:  Make sure to contact your agent or insurance company to report the accident and begin the claims process.
  • See Medical Attention: Even if you don’t feel injured, its important to get checked out by a doctor as soon as possible.   Some injuries, such as whiplash or concussions, may not be immediately apparent but can have long-term effects.
  • Consult with a Personal Injury Attorney: If you were injured in the accident, you may want to consult with a personal injury attorney to discuss your legal options. A personal injury attorney can help you navigate the claims process and ensure that your rights are protected

Remember, Texas has a two-year statute of limitations for personal injury claims,  so it’s important to act quickly if you want to pursue a claim.  By following these steps, you can ensure that you take necessary actions to protect yourself and your potential personal injury claims after an accident.

You need to be very careful if the At-Fault Driver’s insurance company is trying to contact you. This can be a stressful and overwhelming experience, especially if you’re not familiar with the process. Remember, you are not obligated to speak to them right away.  Here’s what you should do if an at-fault driver’s insurance company tries to contact you.

  1. Don’t talk to them right away: The first thing you should do is not to speak to the insurance company until you’re ready. Take your time to gather your thoughts and any necessary information before speaking to the insurance adjuster. This will help you avoid any misunderstandings or mistakes that may negatively impact your case.
  2. Get the facts straight: Before speaking to the insurance company, make sure you have all the facts about the accident. This includes the date, time, location, and any other relevant details. Take notes and make a record of everything that happened, including any injuries or property damage.
  3. Contact your insurance company: It’s important to notify your own insurance company about the accident, even if you weren’t at fault. They can provide you with advice on how to handle the situation and help you avoid any legal pitfalls.
  4. Be Cautious and Do Not Sign any Documents : Remember, the insurance company is not on your side. They are a business, and their primary goal is to minimize the amount of money they have to pay out. Be cautious when speaking to them and don’t provide any unnecessary or incorrect information that may be used against you. More Importantly, do not sign anything without being advised by legal counsel.
  5. Seek legal advice: If you’re unsure about how to proceed, consider consulting with an attorney who specializes in car accidents. They can provide you with expert guidance and help you navigate the insurance claims process
  6. Stick to the facts: When speaking to the insurance company, stick to the facts and avoid discussing anything that’s not directly related to the accident. Don’t admit fault or speculate on what happened, and don’t discuss your injuries or medical conditions.

In summary, if an at-fault driver’s insurance company contacts you, it’s important to take your time, gather all the facts, and be cautious in your communications. Remember, seeking legal advice can help you avoid any legal pitfalls that may arise.

Yes, you can absolutely afford a personal injury attorney.   We take cases on a contingency fee basis.  The only way we get paid if you get a recovery.

How does a Contingency Fee Agreement work?

In a contingency fee agreement, the attorney and client agree that the attorney will only be paid if they successfully recover compensation on the client’s behalf. If the client loses the case, the attorney receives no payment for their time and effort. If the client wins, the attorney is paid a percentage of the compensation awarded. Typically, the percentage that the attorney receives ranges from 33% to 40% of the total compensation. However, this percentage can vary depending on the specific details of the case, the amount of work required, and the experience and reputation of the attorney.

One of the biggest advantages of a contingency fee agreement is that it allows people who may not be able to afford an attorney’s fees upfront to still pursue legal action. For example, a person who has suffered a serious injury and is unable to work may not have the financial resources to pay for legal representation. A contingency fee agreement allows that person to hire an attorney without any upfront costs, increasing their chances of obtaining fair compensation.

Additionally, because the attorney is only paid if the case is successful, there is an incentive for the attorney to work diligently to obtain the best possible outcome for the client. This means that the attorney will work hard to gather evidence, negotiate with insurance companies, and prepare a strong case for trial if necessary.

A personal injury contingency fee agreement can be a helpful payment arrangement for individuals who are seeking legal representation for a personal injury case. It allows people who may not have the financial resources to pay for an attorney upfront to still pursue legal action and provides an incentive for the attorney to work hard on the client’s behalf.

In addition to the physical injuries and emotional trauma, there may be significant medical costs associated with the accident.  The first thing you need to do is review in detail both your automobile and health insurance policies.   You will need to take into consideration you deductible and copays.   We also have the ability to make arrangements that are suitable to your situation. Again

Nonetheless, if you’re in Texas, here are some options for paying for medical costs after a car accident you will need to explore:

  1. Personal Injury Protection (PIP) Coverage: In Texas, drivers are required to carry Personal Injury Protection (PIP) coverage as part of their car insurance policy. PIP coverage can help pay for medical expenses, lost wages, and other related expenses. It’s important to check your policy to see if you have this coverage and to understand the terms and limits.
  2. Health Insurance: If you have health insurance, it may cover some or all of your medical expenses after a car accident. It’s important to contact your health insurance provider to find out what is covered and what your out-of-pocket expenses may be.
  3. Medical Payments Coverage: Medical Payments Coverage (MedPay) is an optional add-on to your car insurance policy that can help pay for medical expenses for you and your passengers after a car accident. If you have this coverage, it can be used in addition to PIP coverage or health insurance.
  4. Third-Party Liability Claims: If the other driver was at fault for the accident, you may be able to file a third-party liability claim with their insurance company. This can help cover your medical expenses and other related expenses. It’s important to contact the other driver’s insurance company as soon as possible after the accident and to provide them with all the necessary information.
  5. Personal Injury Lawsuit:  If you have significant medical expenses and other damages as a result of the car accident, you may need to consider filing a personal injury lawsuit. An experienced personal injury attorney can help you navigate the legal process and help you recover the compensation you need to pay for your medical expenses and other related costs.

In conclusion, there are several options for paying for medical costs after a car accident in Texas. It’s important to review your insurance policy, contact your health insurance provider, and speak with an experienced personal injury attorney to explore all of your options and ensure that you get the compensation you need to cover your medical expenses and other related costs.

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    Every injury is different, making every personal injury claim unique. Understanding how to approach your situation and demand fair restitution for your specific losses is not something that comes naturally to anyone, especially someone dealing with severe and potentially life-altering physical harm.

    Support from a Montgomery County personal injury lawyer could simplify the legal process for you and dramatically boost your chances of securing a favorable outcome. Call today for a consultation.