Answers to common questions injured people ask. This is general information, not legal advice about your situation. Contacting me does not create an attorney-client relationship.

What to Do After a Car Accident

1. Call 911 if anyone is hurt, and ask the officer for the report number.
2. Get medical care right away, even if you feel fine. Some injuries take hours or days to show.
3. Photograph the vehicles, the scene, and your injuries.
4. Get the other driver's name, insurance, and license plate, and the names of any witnesses.
5. Report the crash to your own insurance company, sticking to the basic facts.
6. Do not give a recorded statement to the other driver's insurance company before you talk to a lawyer.
7. Call me. Texas generally allows two years from the crash to file a lawsuit, and a claim against a government entity can require notice within six months or less.

Common Questions

What will I pay?

I work on a contingency fee: a percentage of the recovery set out in the written fee agreement. If there is no recovery, you owe the firm no fee and no case expenses. Expenses are advanced by the firm and repaid from the recovery. If you use your own policy's appraisal clause on a totaled car, you pay the appraiser directly unless I agree to advance it. If the representation ends before a recovery, the fee agreement may require payment for work done and reimbursement of advanced expenses. The consultation is free.

How much of my settlement will I actually receive?

What you receive is the settlement less my fee, the case expenses the firm advanced, and any medical bills or liens that must be paid from it. Settlement money goes into the firm's trust account, and I disburse it only after you approve the written settlement statement. When the case ends, I give you a written statement describing the outcome, what you receive, and how that amount was calculated.

Tex. Disciplinary R. Prof'l Conduct 1.04(d).

How long will my case take?

It depends mostly on your medical treatment. I generally wait until you finish treating, or until your doctor can say what care you will need, before making a demand, so the claim reflects your full injuries. Cases that resolve without a lawsuit often take months; cases that go to suit take longer.

When will I receive my settlement money?

After you accept a settlement and sign the release, the insurer sends payment. The firm deposits it in its trust account, any medical bills or liens are resolved, and I disburse your share after you approve the written settlement statement. Timing depends on the insurer and on any liens, and I will tell you what to expect when the time comes.

Should I talk to the other driver's insurance adjuster?

You can give basic information, but you do not have to give the other driver's insurer a recorded statement, and what you say can be used to reduce your claim. Once you hire me, I handle those calls.

What if I was partly at fault?

You can still recover in Texas if you were 50 percent or less responsible. Your damages are reduced by your percentage of responsibility. If you were more than 50 percent responsible, you cannot recover.

Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012.

What if the other driver has no insurance or drove off?

Your own auto policy may include uninsured/underinsured motorist (UM/UIM) coverage. It can pay when the at-fault driver has no insurance or too little insurance. In a hit-and-run, UM coverage generally requires that the other vehicle actually made contact with you or your vehicle. I review your policy to find every source of coverage.

Tex. Ins. Code § 1952.104(3).

How long do I have to act?

Texas generally allows two years from the date of the crash to file a lawsuit. A claim against a government entity, such as a city, county, state agency, or school district, can require notice within six months or less, so call as soon as you can.

Tex. Civ. Prac. & Rem. Code §§ 16.003, 101.101.

Can I use my health insurance?

Yes. Whether to use it is your choice. If you do, Texas limits the medical expenses you can recover to the amounts actually paid or incurred by you or on your behalf. That amount is usually lower than the billed charge. Your plan may have a right to be repaid from your settlement. For many insured plans, Texas law limits that repayment, and I can negotiate the amount with the plan. Employer plans that fund benefits themselves and are covered by the federal ERISA law are governed by federal law, and the plan's terms control. Texas's limit can also apply to some self-funded plans that ERISA does not cover, so I check the plan documents to see which rules apply.

Tex. Civ. Prac. & Rem. Code §§ 41.0105, 140.002, 140.004, 140.005.

What if Medicare or Medicaid paid my medical bills?

If Medicare or Medicaid paid for care related to your accident, the law gives them a right to be repaid from your recovery. The amount owed can be less than what they paid, and in some situations nothing is owed, so I confirm the amount before any settlement is finalized. Medicare Advantage, Medicare Part D, and employer plans follow different rules.

What is a letter of protection?

A letter of protection (LOP) is a letter I send, with your authorization, to a doctor or other provider who treats your accident injuries. It gives the provider a claim against your recovery for its charges, and it directs that those charges be paid from the recovery before the balance is paid to you. Some providers will treat you on an LOP if you do not have health insurance or choose not to use it. An LOP does not reduce what you owe the provider, and the bill is not paid by me or my firm.

My car was totaled. Should I file with my own insurance?

If you have collision coverage, filing under your own policy often has advantages. Your insurer pays under your policy whether or not the other driver's insurer accepts fault, so the claim is often resolved faster. You pay your deductible, which can be recovered from the at-fault driver's insurer. And if you and your own insurer disagree on your car's value, many policies include an appraisal clause that can resolve the dispute without a lawsuit, which usually costs less. You generally pay your own appraiser and share the umpire's cost under most policies. A claim against the other driver's insurer has no appraisal clause; if you cannot agree on the value there, the remaining option is a lawsuit against the at-fault driver.

Do I need a lawyer?

You are not required to hire a lawyer, and some small claims are settled without one. Injury claims involve medical bills, repayment claims from health plans and other payors, insurance coverage questions, and deadlines, so many people talk to a lawyer before they decide. A consultation will tell you whether it makes sense in your situation, and there is no obligation.

What happens at the free consultation?

We talk by phone or in person, by appointment, any day between 9 a.m. and 5 p.m. I ask what happened, what treatment you have had, and what insurance is involved, and you ask me anything. It helps to have the crash report number, photos, your insurance information, and a list of the doctors you have seen. Contacting me does not by itself create an attorney-client relationship, and you decide whether to hire me.

Questions about your own situation? Contact me. Please do not send confidential details until we speak.