Call Now 866.523.4167

Our Texas personal injury attorneys know how devastating it is to deal with life after an accident. The Law Giant is here to help ensure you get what you need to recover. Call 866-523-4167 today or contact us online to schedule a free consultation as soon as possible.

This page is not meant to provide legal advice. Rather, it provides a list of frequently asked questions and general answers about personal injury.

“Great group of people to work with—very efficient and professional. Alex has put together a great Team!”

– Derek B.

Alex Begum Super Lawyers 3 Years badge Lead Counsel logo American Association for Justice logo National Trial Lawyers Award Trial Lawyers Association logo San Antonio Trial Lawyers Association logo ABA logo Attorney and Practice Magazine top 10 logo Cameron County Bar logo Best Attorneys of America logo

The Law Giant Answers Your Most Common Questions

How do I know if I need a lawyer?

If you’re injured in an accident possibly caused by negligence, talk to an attorney with experience in personal injury and negligence cases. Your lawyer will tell you about your legal rights, explain how the law may apply in your case, and discuss whether you may be entitled to compensation.

Injured in Texas? You deserve the best possible result
7 0 %

of injury victims do not accept initial settlements, and on average receive settlements $30,700 higher than the original amount offered.

Notable Results

Our Texas injury lawyers have the experience, knowledge, and skills that are necessary to ensure your rights remain protected throughout the entire personal injury claims process.

Read More Results
Car Accident

Product Defect Claim

What is negligence?

It’s a legal theory used in nearly all personal injury claims and lawsuits. Unless there’s evidence the other party intentionally hurt you, you would have a negligence claim. If you make a personal injury claim or file a lawsuit, the burden would be on you to prove:

  • The other party owed you a legal duty: To drive safely under the circumstances in a reasonably safe vehicle
  • That duty was breached: The other party did something, or failed to do something, wasn’t driving safely, and/or the vehicle used was unsafe because it wasn’t properly maintained or defective
  • The breach was the factual and legal cause of the accident and your injuries
  • Under Texas law, the other party must compensate you for the harm you suffered

If you can carry the burden of proof, you have a successful negligence claim.

How is negligence determined?

A negligence claim is based on the evidence in your case. Does it show that the other party:

  • Exercised reasonable caution?
  • Knew of or caused a dangerous condition?
  • Drove in a risky or illegal way?

Accident reconstruction experts are often used in negligence cases. They give their opinion that, based on the facts, your accident was caused a certain way, who’s responsible, and how it resulted in your injuries.

What does a personal injury lawyer do?

Personal injury claims arise when someone is injured due to the negligence of another, and a wrongful death claim can be filed by the next of kin of someone killed in an accident. A personal injury lawyer handles both types of cases.

This attorney is an expert with extensive experience in negligence claims covering accidents that cause injuries or deaths. Each case is unique, and the laws are complex. It’s essential you speak with a Texas personal injury lawyer who successfully represents clients in these claims.

If I get hurt, what should I do?

First, seek immediate medical attention. Only a medical professional can diagnose and treat your injuries. If you’re able, get witnesses’ names, take pictures or videos of the accident area, and contact your insurance company. Tell them the basic facts. Don’t say anything about being at fault for the accident.

It’s imperative you immediately contact an experienced personal injury attorney. What is or isn’t done in the first days after an accident can change the outcome of your claim. You need an advocate before the other party’s attorney or insurance company contacts you or your family.

Should I talk to witnesses?

Yes. You should find out what they saw, their names, and contact information. Don’t discuss the accident with them. If you do, you risk saying something that may impair your rights to compensation or limit what you can collect.

Do I have a claim?

Only a seasoned personal injury lawyer can evaluate your claim. Many factors are considered:

  • Who is more at fault for the accident, you or the other party?
  • Was the other party negligent?
  • How severe are your injuries?
  • Did you lose wages?
  • Is your future earning capacity reduced?

Texas state statutes govern many aspects of your claim. Your lawyer will be knowledgeable in all aspects of personal injury, will assess your claim, and help guide you through the process.

How do I know how much my claim is worth?

It’s impossible to say what specific amount you may receive as damages (the harm you suffered measured in dollars), but we can give you an estimate. You may be entitled to compensation for:

  • Short- and long-term medical expenses
  • Lost wages
  • Reduced future earning capacity
  • Pain and suffering
  • Emotional anguish
  • Punitive damages

Your case’s factual and legal issues must be evaluated so we can tell you your chances of success and what compensation might be awarded.

If the insurance company offers a settlement, why do I need a lawyer?

Anyone working for the insurance company is not protecting your interests. They may be friendly and professional and sound like they want to take care of you, but they’re trying to settle your case as quickly and cheaply as possible.

Insurance companies make money by collecting premiums and paying as little as possible for claims. If you agree to a settlement, you may give up your rights to fair compensation. Once you sign a settlement agreement, you can’t go back later for more money.

An expert personal injury attorney should speak on your behalf to an insurance company to protect your rights and prevent you from making costly mistakes.

What should I tell the insurance company if a representative or their attorney calls me?

Do not speak with them.

  • If an attorney represents you, they shouldn’t call you directly. Tell them they need to talk to your attorney. Give them your attorney’s name and contact information
  • If you don’t have a lawyer, tell them you’re in the process of hiring one, and they will return the call

Don’t discuss the accident or continue the conversation. If you do, you may say things that will weaken your case or lessen your compensation. If you haven’t contacted an attorney by now, do so. Only a knowledgeable, experienced personal injury attorney can truly protect your rights.

If I call a lawyer, what happens next?

You’ll meet with the lawyer for a free consultation and case evaluation. You’ll be asked about the accident and what happened afterward. The lawyer will evaluate your case and advise you if you have a legitimate claim.

If you feel the attorney’s a good fit for you and your case, and the attorney wants to take your case, you’ll get a written representation agreement to review and sign. After you hire the attorney, they will contact the other party or their insurance company to tell them you have legal representation.

Your lawyer will handle all future communications. They will thoroughly investigate your accident, gather any information you have, and determine who caused the accident, how, and why. Your attorney will be your advocate and ensure that your rights are protected.

Your attorney will send the insurance company a demand along with supporting evidence. They will negotiate with the insurance company and probably reach a proposed settlement. You have the final say whether to accept it or not. Most cases settle, those that don’t go to trial.

How long does all of this take?

Every case is different. Some settle quickly, and others may take a long time. Complex cases with greater damages may take longer, and some insurance companies are more reasonable than others. Your attorney will keep you informed and advise you as your case progresses.

I have a pre-existing condition. Do I still have a claim?

Personal injury cases are based on establishing liability (the other party was negligent, caused the accident, and your injuries) and damages. Unless it impairs your ability to drive safely, your pre-existing condition shouldn’t affect showing the other party is liable.

If the accident worsened your condition, that would be part of your damages claim. The insurance company may claim the accident didn’t impact your condition, or it did, but less than you claim. The issue would be decided on the evidence of your condition before and after the accident.

What does contingency mean?

Contingency is the basis of the payment arrangements between you and your lawyer. Generally, Texas personal injury lawyers work on contingency, and they’re paid a percentage of what their clients receive. Depending on your agreement, fees and costs of litigation may or may not be extra.

The attorney will only be paid if you obtain compensation through a settlement or jury verdict. Make sure you understand the terms of your retainer agreement before you sign it. Ask questions about any section or language you don’t understand.

What is loss of consortium?

Loss of consortium is a claim for compensation for the loss of spousal companionship and normal marital relations due to your injury.

What are punitive damages?

Punitive damages punish the other party and discourage it, and others, from acting the same way in the future. While compensatory damages address your losses, punitive damages are based on the other party’s actions, including malicious or unusually reckless behavior.

I was in an auto accident with an uninsured motorist. What happens now?

If you purchased uninsured motorist coverage, you should get your claim paid if the driver at fault had no insurance. You should discuss this and other options with an experienced personal injury lawyer. Your lawyer can evaluate your case and make the appropriate recommendations.

Should I talk to friends and family?

Don’t make any statements of fault to anyone, including friends, family, or the police. Even though you want support, comfort, and assistance, don’t go into details with friends or family. Who you speak to may be called as a witness against you. Don’t discuss the accident, or anything related to it, on social media.

I was injured months ago and I’m not better. Can I still file a claim?

Contact an experienced personal injury attorney as soon as possible. You may be able to file a claim, but depending on what you’ve done and said, your claim may be weakened. There are time limits on filing lawsuits, known as the statute of limitations. If you miss it, your case will be dismissed.