Frequently Asked Questions About Personal Injury Law
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Frequently Asked Questions
If I am in an automobile accident, do I need to notify my automobile insurance company?
Yes. Most Texas auto policies require you to notify your insurance agent and/or insurance company of any accident involving your vehicle. If you have personal injury protection and/or med-pay coverage on your policy, you will be entitled to those benefitsup to your policy limits.
What type of compensation am I entitled to after an accident where the other driver was at fault?
The party that was at fault would be responsible for the damage to your vehicle, up to their policy limits. The party at fault would also be responsible for any medical bills for treatment of injuries arising from the accident. You may also be entitled to compensation for lost wages that you incur.
If you are injured in an accident, you are entitled to request compensation for pain and suffering you experienced from injuries arising from the accident.
Do I have to give a recorded statement to the insurance company for the party that was at fault in the accident?
No. You are under no obligation to give a recorded statement. Many times the insurance company for the at fault party will contact you and request before you have had time to consult with an attorney about your legal rights. Some adjusters use this approach so that it may be used against you at a later date.
After an automobile accident, how long do I have to settle or bring a lawsuit?
Under Texas law, a suit for personal injuries must be brought within two years of the date of the accident. Failure to settle your claim or bring a lawsuit within the specific time period will bar any claim you may have. Therefore, it is important that you contact any attorney soon after an accident so that your claims and rights will be protected.
If I hire an attorney will I have to pay the costs, expenses and attorney fees in advance?
No, our law firm does not require a client to pay the costs, expenses and attorney fees in advance. Most law firms that handle personal injury accidents operate on a contingency fee basis, where the client does not pay any attorney fees until the case settles. Ted Machi & Associates advances all costs required to either resolve the claim or litigate it through trial should that become necessary.
What if the person who is at fault in the accident does not have liability insurance as required by Texas law?
If the police were called to the scene and a police accident report was filed with the local city, the person who was at fault at the accident could lose their driver's license for not having liability insurance coverage as required by Texas law. If you have uninsured motorist insurance coverage, you can file a claim on your automobile policy. If you are not sure if you carry this type of coverage, contact your insurance agent.
Can I have an Advance on My Case?
No. The reasons behind our policy of no advances are quite simple. First, we have a "war chest" that is designed to pay for filing fees, doctors' reports, private investigators, copies of police reports, depositions, expert fees and the like. When we deplete our "war chest" for loans/advances to clients, somewhere, in another client's case, we are placed at a disadvantage because we cannot afford a vital expert, deposition and the like.
Secondly, it creates a conflict of interest. When a lawyer has a financial stake in the outcome of a case, other than his attorney's fees, the conflict can cause some ethical dilemmas that our firm has chose not to create, if possible.
If you have a financial crisis, we are always willing to attempt to explore ways to help. Please do not let our "no advance" policy keep you from contacting us if you need money. There may be other ways we can help.
How Long Will My Case Take?
We do not know. Cases are like snowflakes in that none are alike. Some cases settle just days after we are hired. Some cases take several years to resolve.
Your patience means we can work as your lawyers to get you the best result for your case. If you insist that we process your case immediately, we cannot be sure that we have gotten you all the money you might be entitled to receive.
What if Someone Contacts Me About My Case?
DO NOT TALK TO ANYONE ABOUT YOUR CASE UNTIL YOU SPEAK TO A STAFF MEMBER OF OUR OFFICE FIRST!
Part of the reason that you have hired an attorney is to take care of all the hassles involved in making a claim or sorting out a legal problem. If you are contacted either by mail or phone about any aspect of your case, please let me know, and we will try to handle the problem for you.
More importantly, many times an insurance adjuster will call you asking for a "recorded statement" or other information. If this happens, DO NOT give out any information without your attorney present. Representatives of any party involved in your claim are prohibited from contacting you once you have hired an attorney. Adjusters will pretend to be your best friend, and they will tell you that they only want to get your claim settled quickly. Unfortunately, the job of the insurance adjuster is to save the insurance company money. He or she is NOT on your side, and any information that you give to the adjuster will only be used by the insurance company to find some basis to deny your claim.
Please remember that you have hired my office to protect you from the pitfalls associated with a personal injury claim or other legal problem. Allow us to do our job, and call us anytime you are contacted by any person regarding your case.
Medical Treatment
The decision to go to a doctor, chiropractor, or health care provider is left to the sole discretion of our client. The attorneys cannot and do not recommend any medical treatment. Should you decide that you have recovered from your personal injury, you should immediately inform your treating physician. You, not this law firm, are solely responsible for your medical bills.
What is My Case Worth?
We do not know. Like the length of time a case will take, the value of a case depends on so many factors that I cannot begin to go into them. However, you can be assured that before a settlement demand is made, we will go over the case with you to give you some idea of what our opinion is of your case. You must remember that we ask for more money than we think we can recover in order to leave for some negotiating room in a contested legal matter.