Q:

I was in an auto accident. An insurance adjuster came to my house and offered me a check. What do I do?

A:

Many times, an insurance adjuster will approach an accident victim and offer them a small settlement in order to close out a case. The problem is that injuries from an accident may not reveal themselves until days after an accident. In many cases, the small amount you accept from the adjuster will end your case, even if you later discover you have significant injuries.

If you were involved in an accident, it is good practice to have yourself checked out by a medical professional. Sometimes, the adrenaline from the accident can mask your injuries. Other times, the habit of “pushing through the pain” may cause you to delay seeking medical attention. This can result in you aggravating an injury, and making matters worse.

The best practice is to not sign such a settlement agreement until you have read the agreement in its entirety, and not until you have been checked by your doctor.

Q:

I was in an auto accident, but not at fault. The other driver didn’t have insurance. What can I do?

A:

You have a few different options, depending on the type of insurance you carry. Your insurance may cover you, even though you weren’t at fault. Our office would have to review your policy to be sure. Even if the person does not have insurance, you may still be able to pursue a claim against the uninsured driver. Also, Texas law provides that if a person fails to maintain financial responsibility for an accident, in some cases, the state can revoke a person’s driver’s license until they pay for the damages they caused.

Q:

I was in an auto accident. What do I need to do?

A:

The first thing you need to do is remain calm. Check yourself and your passengers to see if they are okay. You should also contact the police and request a police report. If you can safely move your vehicle out of traffic, you should. Do not give any statements about what happened to the insurance company until you have consulted with a lawyer.

Q:

I was injured in a car crash, and it wasn’t my fault. Do I have to pay for a lawyer?

A:

Many firms that handle car accidents will do so on a contingent fee basis. This means that if you don’t collect, they don’t get paid attorney fees. Contact Us for more information about auto accident cases in Texas.

Q:

I was injured in an auto accident that wasn’t my fault. The other driver didn’t have any insurance. Can you still help?

A:

You have a few different options, depending on the type of insurance you carry. Your insurance may cover you, even though you weren’t at fault. Our office would have to review your policy to be sure. Even if the person does not have insurance, you may still be able to pursue a claim against the uninsured driver. Also, Texas law provides that if a person fails to maintain financial responsibility for an accident, in some cases, the state can revoke a person’s driver’s license until they pay for the damages they caused.

Q:

The insurance adjuster hasn’t returned my calls after my accident. I’m hurt, should I wait before I see a doctor?

A:

If you are hurt, then you are hurt, no matter what the adjuster says or does. If you are hurt, don’t worry about your case. See a doctor and have a check up. If the worst thing that happens is that the doctor says you are okay, than that is good news. On the other hand, if you wait, you may be aggravating an injury. What’s worse, insurance companies routinely take the position that if you wait more than a few days to seek medical attention, then you weren’t really hurt. They will reduce the amount they will pay accordingly.

Q:

What are wrongful death and survivor suits?

A:

If someone dies due to the act or omission of another, then there may be a cause of action by the heirs of the deceased for Wrongful Death. If the deceased suffered personal injury prior to death, then the deceased’s estate may have a cause of action called a survival claim. We can assist with either the prosecution of these matters. Some of the services include ancillary probate, appointment of personal representatives, appointment of an independent administrator of an estate, determination of heirs and determination of common law marriage. This also includes obtaining letters testamentary or letters of administration of an estate. Contact us if you have a situation that you would like to discuss in detail.

Q:

Who can bring a lawsuit for wrongful death?

A:

Wrongful death causes of action are controlled by Chapter 71 of the Texas Civil Practice and Remedies Code (CPRC).

Per Sec. 71.004, the surviving spouse, children, and parents of the deceased are the only ones who can bring an action for wrongful death.

If none of the individuals entitled to bring an action have begun the action within three calendar months after the death, then the personal representative of the estate shall bring and prosecute the action unless requested not to by all those individuals.

In most cases, it is advisable to have the wrongful death beneficiaries and the beneficiaries of the estate sign a family settlement agreement prior to taking any action.