Legal FAQ

Personal Injury

What does a personal injury entail?
Someone who has suffered a personal injury from a legal sense has been injured physically, mentally, or emotionally. It’s not your property that has sustained an injury it’s YOU that has sustained an injury. Personal injury is usually caused by the negligence or improper act of another person who you’ve come into contact with.

What types of personal injury claims are filed?
The most common types of claims filed are those involving car accidents, slip and fall accidents, defective product injuries, hazardous conditions on commercial or private property, wrongful death, and medical malpractice. There are others but this gives you a general idea.

What does “pain and suffering mean?
Pain and suffering simply means that you have both physical injuries along with mental distress as a result of the accident. Very often our Personal Injury lawyers will file “pain and suffering” as part of the overall case being presented to the insurance companies or Court. This means that you may receive compensation for the undue struggle you have experienced as well.

I think I’ve suffered a personal injury, do I have the right to claim for damages? 
You won’t know the answer until you meet with competent legal counsel to discuss your case.  Contact a qualified personal injury attorney to discuss your injuries and subsequent options for pursuing a legal remedy. Call our team of legal experts 24/7 for a free consultation.

Is there a limit as to the amount I can claim in my personal injury settlement?
If we are litigating your case before a jury in Court, there is no minimum or maximum settlement. If we’re dealing with an insurance company, then there are limits to recovery as set out in the negligent party’s insurance policy. If the policy pays $30,000 you won’t be able to recover more than that, but the insurance company will try its best to get you significantly less.

I’m on a fixed budget, will I be required to pay a retainer to my personal injury attorney? 
The vast majority of our personal injury cases are handled on a contingency fee basis.  We don’t get paid unless we win the case. So if we win a judgment against the other party we’ll receive a percentage of the total compensation you receive.  This is why we offer a FREE consultation to determine if you have a case that is worth pursuing.

How long do personal injury cases take to settle? 
Honestly, there is no set time schedule. Each case is unique and has its own set of circumstances. Mostly it depends on the strength of your case, the amount of damages we claim, and how unwilling the insurance company is to give you a fair value for the case. At the low end, it would take about 2 or 3 months if you have moderate damages, the other driver was clearly at fault, and the insurance company is being reasonable. Else, we may have to negotiate for longer or go through the litigation process. If you have very high or low damages, questionable liability issues, or the insurance company is being very stubborn, it could be a couple of years. Most of our cases are settled before litigation even begins, but insurance companies are becoming increasingly stubborn. We don’t want you to be cheated out of the full value of the case, so sometimes we do highly recommend you file suit. It just depends on the particularities of your case, and we always work with your best interest in mind. As your expert legal representatives, we diligently work for the largest and fastest resolution to your case possible.

Should I talk to the insurance adjuster before consulting with a personal injury attorney? 
Avoid talking to the insurance adjuster as much as possible before you speak with our law office that can advise you about the incident. There are many things you do not want to talk to the insurance adjuster about, so you need to seek expert legal advice first. Remember the insurance company wants to pay you as little as possible and settle the case as quickly as they can.  Don’t be tempted to accept the first offer they give you. Take the time to get legal counsel and then move forward.


How soon will I be divorced? 
Texas requires a 60-day waiting period after the filing of a lawsuit, before it will grant a divorce. If this is not soon enough, you will need to look at other jurisdictions. However, most cases with any kind of contested issues will not be resolved within 60 days.

Can one lawyer represent both my spouse and me? 
This situation would involve what is known as a conflict of interest, so the courts forbid one lawyer representing both you and your spouse.

I’m just starting my divorce. What pitfalls should I watch out for in the process?
Common pitfalls are talking negatively about the other parent to the children and not exercising all of your possession time. Knowledge of your rights will protect you from other common pitfalls. Be sure to hire an experienced divorce attorney to guide you through the divorce process as they can advise you of additional problems to avoid.

What information do I need to bring to an initial consultation with my divorce lawyer?
First, you need to give your attorney a detailed history of your relationship with your spouse, including how long you’ve been married. Do you have any children together, and are there any children from a prior marriage? What types of assets have you accumulated while married? A list of debts, including credit-card debts will be helpful. Any property you and your spouse acquired before and during marriage through gift or inheritance? Any documentation such as tax records, bank or investment statements, retirement accounts, and titles to property are a good start. If you have been served with a petition for divorce or other documents by your spouse, make sure to bring copies of what you’ve received. Jot down questions you have for your attorney.

What is a no-fault divorce? 
In a no-fault divorce a marriage can be terminated simply because the couples agree that the marriage is no longer salvageable, and the marriage can be dissolved if either of the partners so chooses.

Should I ask for a divorce based on fault or no-fault grounds?
No-Fault divorces in Texas are granted on the basis of insupportability. This simply means that there is a conflict of personalities that prevents any reconciliation. Fault divorces are filed when there have been incidents of adultery, domestic violence, mental cruelty, felony conviction, or abandonment. If your situation involves this type of relationship, your case could be greatly strengthened by divorcing on fault grounds and thus get you the best division possible.

What is the difference between a contested divorce and an uncontested divorce?
An uncontested divorce is one in which the couple agree on the terms such as property division, custody, visitation, or child support. A contested divorce is one in which the parties don’t agree and may have a judge or jury decide one or more of the terms of the final settlement.

What is the difference between a divorce and an annulment?
A divorce is a lawsuit filed in District Court to dissolve the marriage relationship.  An annulment is a proceeding to declare that a marriage never legally existed.

Can I get a divorce if I am pregnant? 
No. A divorce can’t be finalized while the wife is pregnant. However, the divorce process can be started while the wife is pregnant. It just can’t be completed until the wife is no longer pregnant.

How soon can I get remarried? 
The Texas Family Code says you have to wait at least 30 days after your divorce is finalized to remarry.  However, at the time of your divorce you can request that the Judge waive this 30 day waiting period.

What can I do if my spouse is violating the Temporary Orders? 
If your spouse is violating the temporary injunction orders that a judge issued in your case you may be able to file an enforcement action.  An enforcement action would require a court hearing and could possibly result in your spouse being held in contempt.  If your spouse is held in contempt he or she could be fined and/or jailed for disobeying a court order.

While every effort has been made to ensure the accuracy of this information, it is not intended to provide legal advice as individual situations will differ and should be discussed with a qualified licensed attorney. For specific technical or legal advice on the information provided and related topics, please contact our law firm directly.