The sad truth is that when you’ve been injured in an accident that was not your fault, insurance companies don’t usually jump in to respond in the way that you need them to respond. You may be very frustrated. After all, the other party was at fault, and you need medical care and compensation for your losses. And, to make matters worse when the at-fault person either doesn’t have insurance or doesn’t have enough coverage, often your own company fails to respond when you make a claim under your own policy–even though you have faithfully paid premiums for that very protection!
The ultimate objective is fully compensating you for what you have suffered: past pain and suffering, future pain and suffering, past medical, future medical, loss of physical ability, partial permanent impairment, physical impairment in the future, loss of enjoyment of life, mental anguish, out-of-pocket expenses, loss of consortium, and loss of household services. Each component needs to be separately valued and accounted for in the total award. I am convinced that individuals achieve a better result by employing a lawyer versus negotiating alone.
In part, this is because the rules of civil procedure can be a confusing maze. You want to be sure that you are able to effectively use the rules and not have those rules used against you in the process. That is almost impossible without a lawyer. As a starting point, you’ll want to get full disclosures of the negligent person’s insurance policy and coverages so that you know what you’re dealing with. As the case goes along, you may need other productions and depositions. Certainly you’ll want a lawyer if you are required to be deposed by the insurance company, which almost always happens unless you settle for a rock bottom amount. Additionally, if you need to make a second claim for underinsured motorist coverage, that process is especially difficult under recent changes to Texas case law.
And, finally, the lawyer works for you! My involvement should take a procedural and mental burden away from you versus handling things yourself.
In addition to being a Texas attorney, I also am a Texas-licensed CPA (since 1985). I factor tax thinking into everything that I do to ensure that the net result after tax is optimal. My background is 1983 BBA Accounting and BA Economics, with highest honors; 1983-1992 auditor with Ernst & Young; 1992-2000 finance officer for Associates Financial (Irving); 2000-2003 chief executive officer of Citifinancial Japan (Tokyo); 2004-2008 “retired” to go through law school; 2008 JD from Texas Wesleyan Law School (now Texas A&M), with highest honors; 2008-now, law practice. I do all types of law. Personal injury is my favorite. I even served as defense attorney on one felony murder jury trial.
You do not need to pay anything unless you recover under your claim for personal injury. I offer a contingency fee structure: 35% if settled before filing a lawsuit, 40% if settled after needing a lawsuit to be filed, and 45% in the event we would need to take the case all the way to trial and have a jury award the amount of damages. The percentages on the contingency are computed on your net positive recovery after court costs and other direct expenses that were advanced for your case have been deducted from your total award. You owe nothing unless your recovery is awarded.