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Attorney Questions

1. How soon should I contact an attorney?

Answer: An attorney should be contacted immediately after contacting the necessary authorities and medical service providers, if needed. As your attorneys, we can explain the process from beginning to end, assist in locating and securing appropriate medical attention, and, will work with the insurance company to make sure that you are fully compensated for your losses.

2. Why should I talk to an attorney after an automobile accident that injures members of my family or me?

Answer: You should obtain professional advice concerning any accident, especially those involving members of your family. There are priorities of coverage, which need to be investigated and established for the purposes to assure a complete financial recovery for injuries occasioned by individuals, even family members. Moreover, the insurance company is not there to assist you, but rather will often try to lock down your version of the accident and injuries, very soon after the accident. This is done to make it harder to claim injuries that may manifest themselves after an accident.

3. Do I need to retain an attorney if I am injured in a car accident?

Answer: If you have been injured in an automobile accident, it is highly recommended to retain an attorney, though not necessary. Investigation of your accident at an early stage is important in resolving liability issues. Additionally, an attorney can assist you and guide you through this process and let you concentrate upon your recover from your injuries. As stated above, insurance companies are not on your side and are in the business of saving money. Through our many years of experience, our firm knows how to work with insurance companies to obtain the maximum compensation entitled to you under law.

4. Will it cost me anything to hire an attorney in a car accident case?

Answer: M&A Law Firm works on a one-third contingency fee basis, if the case is successfully settled without the need for a lawsuit. That means that you only pay attorneys’ fees if you are successful in making a recovery. Therefore, it is in your best interest to hire an attorney as soon as possible.

General Car Accident Questions

1. Can I sue the driver of the vehicle if I am a passenger?

Answer: If the driver of the vehicle in which you were a passenger is negligent, you can assert a claim. If at the time of the accident, you owned and insured your own automobile; your insurance company will be responsible for you medical bills and wage loss. If you did not, the vehicle in which you were a passenger would generally be responsible for your medical bills and wage loss. The mere fact that you were a passenger in a vehicle does not automatically give rise to a suit. The driver of the vehicle has to be negligent in some fashion.

2. Is there anyone other than the drivers and passengers involved in a car collision that I could sue for my damages?

Answer: There are certain circumstances when individuals other than a driver of an automobile may be responsible for your damages. For instance, if the negligent driver were in the scope of his employment at the time of the accident, his employer would be responsible as well. Similarly, if the driver is operating a car owned by someone else with that individuals consent and permission, that individual will be responsible as well.

3. What if more than one driver is at fault?

Answer: Texas is a comparative fault state. Generally speaking, you're entitled to recover from a negligent driver who causes an accident of subsequent injuries. If more than one driver is at fault, most cases are resolved by either an apportionment of a percentage of fault, or by Joint and Several Liability.

4. What if I am at fault for causing the accident?

Answer: Texas is a comparative fault state. As long as your fault is less than or equal to that of the other driver, a recovery can be realized. However, the recovery is diminished or reduced by the percent of fault attributable to you in causing the accident.

5. How is fault determined?

Answer: Fault is generally determined by the totality of the circumstances surrounding the accident. Police reports and eyewitness testimony from neutral individuals is always important. Proof of causation must be both in terms of actual causation and proximate (legal) causation. Actual causation is determined by literal cause and effect. Whether legal causation is established depends on the facts and circumstances of the particular matter in question.

6. Who can recover damages in a motor vehicle accident?

Answer: Any individual who satisfies the no-fault thresholds are entitled to recover damages in motor vehicle accidents. The losses that an injured person can seek compensation for are called “damages.” A person who is injured in an accident caused by the negligence of another can seek compensation for damages including past and future medical expenses, lost wages in the past, loss of future earning capacity, physical and emotional pain and suffering, and disfigurement.

7. How long do I have to sue if I am injured as a result of someone's carelessness or negligence?

Answer: The statute of limitations for car accident cases in the State of Texas is 2 years. There are certain exceptions and every case has to be evaluated closely on an individual basis.

8. What damages can I recover in a motor vehicle accident?

Answer: A person is entitled to recover damages for past medical expense, past wage loss, past pain and suffering, future medical expense, future impairment of running capacity and future pain and suffering.

Insurance Questions

1. What if I have no insurance?

Answer: If you are a passenger in an automobile and do not own or insure an automobile of your own, you would be entitled to recover your medical expenses and wage loss from the policy of insurance insuring the vehicle at the time of accident. Alternatively, if you reside with an individual who owns an automobile, you may be entitled to no-fault coverage from that policy. Each case has to be investigated in order to reveal the priority of coverage.

2. What if one of the other drivers has no insurance or has insufficient insurance to cover the cost of my damages?

Answer: In Texas, uninsured motorist coverage and underinsured motorist coverage is needed to protect against circumstances of this nature. If an uninsured motorist causes an injury, your own insurance will stand in and provide the coverage necessary to compensate you for your injuries if you have uninsured coverage on your policy. Similarly, if an insured individual is underinsured, your company will again step in to compensate you for those uncompensated damages if you have purchased that type of coverage.

3. What is uninsured or under insured motorist coverage?

Answer: Uninsured and Underinsured coverage is a supplemental coverage that must be offered to every person purchasing automobile insurance in Texas. Uninsured coverage will provide benefits if the at fault party does not carry insurance coverage at the time of the loss. Underinsured coverage will provide benefits if the at fault party’s coverage is insufficient to fully compensate the injured party for their loss. In Texas, considering the number of uninsured drivers, it is highly recommended that every person carry Uninsured and Underinsured coverage.

4. Who is usually included in my uninsured/under insured motorist coverage

Answer: All residents of the household are considered insured for the purposes of uninsured and underinsured motorist coverage. Additionally, anyone else in your vehicle at the time of the loss would be afforded the same benefits as the insured.

5. Who is usually covered by automobile liability insurance?

Answer: Those individuals injured through the negligence of another are entitled to assert claims under an automobile liability insurance policy for damages. Keep in mind, however, that if a driver is listed as an excluded driver, then, liability insurance will not cover that individual when they are operating the vehicle.

6. Which vehicles are normally covered under an auto insurance liability policy?

Answer: All automobiles are required to be insured with a policy of insurance providing liability coverage. Normally all vehicles in the insured’s residence will be covered under a liability policy, unless specifically excluded