Immediately after the accident
Should I wait to see you before going to a doctor?
Usually, no. Get good medical care as soon as possible. If you cannot
afford it or don't have a referral, we probably can help you.
Should I take photographs?
Yes. Try to take multiple photos at different angles of injuries,
if appropriate, and of all vehicle damage. You can email us digital
images, or bring us your undeveloped film.
What if I am not sure that a symptom was caused by the accident?
Write down and report all of your symptoms to your doctor. Let the
doctor decide.
My adjuster says I don't need a lawyer. What do you say?
Adjusters are trained to try to get you to sign a release for the
least possible amount of money. They know that in many cases, they
will be able to take advantage of an unrepresented individual. Adjusters
know that on average, if you do not have a lawyer, the chances are
much greater that your case will settle for less money. Therefore,
some adjusters will try to befriend you and gain your confidence in
the hopes that you will not hire an attorney. Each case and each adjuster
is different.
Should I give a statement to the adjuster?
Not without counsel and preparation with us. Sometimes a statement
is not adviseable.
When should I come to see you?
The sooner the better, for many reasons. There are many pitfalls for
the unwary.
First meeting with us
What should I bring to our first meeting?
All receipts, bills, prescriptions, auto and health insurance policies,
photographs, accident report/information exchange notes and other
papers related to your case.
Should I get the accident report before I call you?
We will get it. If you already have it, we will want to see it.
Do I have to come in to your office?
No. We can arrange to come to you if necessary.
What is your fee?
For contingent fee cases (cases where our fee is a percentage of the
bodily injury settlement and is not due unless we collect), our fee
is usually 10% below what other lawyers charge. Part of our services
will include assistance in collecting the value of your vehicle in
the event it is totaled, or in getting it repaired. We do not charge
a fee in our contingent fee cases for property damage collected except
for any portion representing the diminished value of a repaired vehicle.
In some cases, our clients want to represent themselves but would
like our assistance in how to present the case or how to deal with
the adjuster. These fees are determined on a case by case basis, and
are usually much lower overall than a contingent fee.
Concerning my injuries
Can you help me find a good doctor?
Yes.
What if I do not have any way to pay for my medical care?
We can usually help you in this situation. Contact us immediately
at 713-464-6461, or submit your information
through this site.
How do I tell if I lost consciousness or suffered a concussion
or other brain injury?
Sometimes, the first thing you will remember after an accident is
someone tapping on your window. You might feel dazed and confused
for a while, or develop headaches, fatigue, dizziness, ringing in
your ears or some other sign of a head or brain injury. Report all
symptoms and changes to your doctors, even if you are not sure that
they are related to your accident.
Lost wages and earnings
I cannot afford to miss work, but the doctor told me to stay home.
What should I do?
Follow your doctor's orders if you can. If you must go to work, get
your doctor's OK if possible. Insurance adjusters will use your lack
of lost time from work to try to penalize you on the theory that you
must not have been injured very badly if you did not miss work. On
the other hand, if you go to work or do heavy lifting against your
doctor's orders, the adjuster may try to blame you for making yourself
worse than you would otherwise be. Lost earnings are part of recoverable
damages, just like the cost of medical care and car repairs.
What if I am self-employed?
As you know, it can be the death of your business if you are out for
an extended period of time. Also, proving lost profits and/or earnings
is more difficult. We can help you present your case to maximize lost
earnings and profits.
Health insurance
I have health insurance. Should I use it?
Usually, yes.
My health insurance says that since I was in an accident, they
won't pay. What are my rights?
Most insurance policies must pay regardless of an accident. We can
help you get the benefits to which you are entitled.
Will the other driver's insurance pay for my doctor or lost wages
before I am ready to settle everything?
Not usually. Be careful not to inadvertently release your claim by
endorsing what you believe to be a partial payment check.
Car repairs, rental cars and replacement
I want my car repaired and do not want a replacement. Can I require
this?
Usually not, if the cost to repair is greater than the replacement
value. Sometimes you can keep the vehicle and get a check for it net
value. We can advise you on how to make sure that your property settlement
is maximized.
How do I pay for a rental car?
Some insurance companies will pay the rental car company directly.
In other cases, you might have to use your own rental car insurance
benefits, or pay with a credit card. Depending on the facts of your
case, you will be reimbursed rather quickly.
How long will they pay for my rental car?
Usually for as long as the repair takes or if totaled, when an offer
is made for the replacement value.
What if after my vehicle is repaired, it looks OK but it is now
worth less because of the accident? Can I collect the difference in
the before and after value?
Yes and no. This is called a diminished value claim. If you bring
this to our attention, we can include this aspect as part of your
case if the costs and benefits make it feasible. This kind of claim
usually requires an expert's report.
Settlement
How long will it take to settle my case?
It is impossible to know. The first order of business is for you to
get as well as you are going to get. We will be working on your case
the entire time in order to have it ready as quickly as possible.
Is a lawsuit going to be filed?
The vast majority of cases do not require a lawsuit. Each case must
be evaluated on its own.
Can you tell me how much my case will settle for?
No, nor can anyone else. Each case is unique and dependent upon many
variables that may change over the course of your recovery.
Misc.
Why do you limit your personal injury practice to car accidents?
We believe that by doing one thing and doing it well, we have an advantage
over our competition. We can provide a better service to you at a
lower cost. We have settled hundreds of cases on behalf of injured
drivers and passengers over the years, and dealt with all of the major
auto liability companies. We represent uninsured drivers and ticketed
drivers in court. We also represent people in DPS driver's license
hearings who have been in accidents. Our experience has taught us
a lot about who is or may be at fault, and how "fender bender"
forces can cause different kinds of injuries. We are good at what
we do.
