Answers to Common Legal Questions
Personal Injury -
Rudy Vasquez
What to Do After a Car Accident in Texas
If you're able, move to a safe place and call 911. Get medical help right away, even if you feel okay. Take photos of the scene, gather witness names, and exchange information with the other driver. Talk to a lawyer before giving a recorded statement to any insurance company.
Should I Talk to the Insurance Adjuster?
Be careful. The insurance adjuster works for the insurance company, not for you. It's usually best to talk to a lawyer before giving a statement, especially a recorded one.
How Long Do I Have to File a Lawsuit?
In most Texas personal injury cases, you generally have two years from the date of the accident to file a lawsuit. This deadline is called the statute of limitations, and missing it can mean losing your right to recover compensation. Some situations have different deadlines, so it's important to talk to a lawyer as soon as possible
Rear-End Accident Injuries
Rear-end accidents often cause neck, back, and spine injuries, even at low speeds. Common injuries include whiplash, herniated discs, and concussions. Some injuries don't show symptoms for days, so it's important to get checked by a doctor even if you feel fine after the crash.
Whiplash Symptoms
Whiplash can cause neck pain and stiffness, headaches, dizziness, and pain that spreads to your shoulders or arms. Symptoms sometimes don't appear until a day or two after the accident, which is one reason it's important to see a doctor soon after any collision.
What Is Pain and Suffering?
Pain and suffering refers to the physical pain and emotional distress caused by your injury - not just your medical bills or lost wages. Texas law allows injured people to seek compensation for this, though it can be harder to calculate than a medical bill. An experienced lawyer can help show the true impact of your injury.
Medical Bills After an Accident
After an accident, your medical bills can add up fast. Depending on your situation, your health insurance, personal injury protection (PIP) coverage, or a settlement from the at-fault party's insurance may help cover these costs. A lawyer can help make sure your medical bills are accounted for in any settlement.
Uninsured Driver Claims
If the driver who hit you doesn't have insurance, you may still have options. Many Texas drivers carry
uninsured/underinsured motorist coverage as part of their own policy, which can help cover your damages. A lawyer can help you understand what coverage applies to your situation.
Texas Comparative Fault
Texas follows a rule called 'modified comparative fault.' This means you can still recover compensation even if you were partly at fault for the accident, as long as you were less than 51% responsible. Your compensation is reduced by your percentage of fault. Insurance companies often try to shift more blame onto you to pay you less - which is one reason having a lawyer matters.
Should I Accept the First Settlement Offer?
Usually, no - at least not without talking to a lawyer first. Insurance companies often make a low first offer, hoping you'll accept before you know the full extent of your injuries or expenses. Once you accept a settlement, you typically can't ask for more later, even if your injury turns out to be worse than expected.