FREQUENTLY ASKED QUESTIONS
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AUTOMOBILE ACCIDENT
What should I do if I have a car accident?
- Immediately call 911 to report the accident and seek medical assistance, if necessary.
- Exchange information with the other driver and their passengers.
- Write down names and addresses of witnesses who actually saw the accident occur.
- Be clear and concise when you speak with the responding Officer as to the events of the accident.
- Seek medical attention. Beware - the more timely you seek attention to your injuries, the less likely it is that the insurance company will attempt to dispute that your injuries are related to this accident.
- Call your insurance company and report the accident providing the case number given to you by the responding Officer.
- Call this law office after seeking needed medical attention. It is advisable that you not give any recorded statement to any insurance representative without first discussing your case specifically with this law office.
What if I can't drive my car after the accident?
Call a towing company of your choice, if the police officer permits it, and have it removed to the location of your choice. Home is acceptable, or to a repair facility.
Reminder - notify your own insurance company of the accident and location of your vehicle. It is advisable that you have a friend or family member take photographs of the entire vehicle depicting the damage that occurred. Start at the driver's door and work around, remembering to also take photographs of the interior.
What happens when I call the 24-hour reporting unit of my insurance company?
Generic information will be taken and you will normally receive a call within 24 hours from the assigned adjuster.
What happens after the appraiser has inspected my vehicle?
Negotiations begin between you and the insurance carrier, sometimes your own carrier, as to the damage costs to repair resulting from this accident, potential total loss of the vehicle, and the fair market value of your vehicle if it has been declared a "total loss." Beware - there is a difference between "fair market value" and "replacement value." If you have a lien holder on the vehicle the process becomes more difficult.
What happens if hidden damage is discovered?
The insurance company accepting responsibility should continue to pay, if it is clear that the hidden damage discovered is from this particular accident.
How will I be paid for my vehicle damage?
Depending upon the damage to your vehicle, the insurance company accepting responsibility should issue a check to you for an agreed sum, or to the repair facility.
When can I request a rental car if I have Rental Reimbursement?
Immediately. Beware that typically any insurance company will limit the time frame that obligates them for payment of rental charges. If liability is clear against the other driver, the adverse carrier may authorize a rental vehicle within 24 hours. Be sure to watch the termination date of authorization for the rental vehicle so that you do not become personally liable for the rental charges.
Is the rental car covered while I'm driving it?
Yes. Your active insurance on your personal vehicle does cover a rental vehicle you drive under the same coverage provisions as your personal automobile. Additional insurance coverage is available at the rental agency. You may be responsible for any charges that exceed what the carrier has authorized, so read your information carefully.
Will my rates go up because of the accident?
Possibly. Insurance companies deem the nature and liability of the accident, your benefit to the company, and the number of claims are a way to determine if you are a good client to that carrier. Insurance companies have specific responsibilities they must comply with to cancel your insurance. If you feel that your insurance has been cancelled improperly or without justification, you should seek our legal guidance in more detail to your specific situation.
Do I need to call the claims representative handling my claim after I make the initial report?
We recommend that you seek legal advice before speaking with any insurance representative, from any company, yours included. Simply report the accident itself then and seek legal guidance. It is not wise to give a recorded statement to any insurance person when you are injured or not thinking clearly.
Do I have to pay any money for legal fees?
Not out of your pocket. In an automobile accident case, I work the claim on a percentage of the overall recovery of property and money. In this way, the client does not incur additional out of pocket expenses during a time of need. All decisions on resolution of the claim (demand, value, etc.) are discussed with the client prior to moving forward to resolution. The client is not responsible for attorney's fees, court costs, or expenses unless there is a recovery.
Is there anything else I should do?
Attend to your medical needs and report any changes to your legal counsel or their staff. Even bad news or bad facts of a case are important to your legal team. Do not miss doctor's appointments, including physical therapy if this has been ordered by your attending physician.
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LAW FIRM GENERIC QUESTIONS
What kind of cases do you handle?
My practice consists of 60% personal injury (automobile accidents, medical malpractice, injuries to persons); 40% of business litigation (construction, real estate and collection litigation). I continue to maintain a general practice to offer multi-faceted services and advice for my various clients.
How do lawyers charge for their services?
Personal injury cases are usually handled on a contingency fee basis (a percentage from the overall recovery of property and money taken at time of resolution). There are no attorney's fees, court costs, or expenses unless you recover.
Business litigation, construction litigation, and other cases are handled on a retainer fee agreement - meaning that the client pays an initial fee upon hiring my law firm and I bill against the amount paid for the services performed. I try to calculate any retainer fee quoted for the services the client requests. A billing statement is sent monthly to assist the client in reviewing the legal services performed on their behalf.
How do I know if I am hiring the right Lawyer?
Instinct. As with choosing any professional, personal recommendation, prior knowledge, or friends and relatives are sometimes your best source for lawyer recommendation. Above all, ensure that you are comfortable with your legal team. Experience is always an important factor. In fact, Mr. Spears was a State District Judge who presided over 150 jury trials, including the longest in Bexar County history.
What are the qualities I should look for?
Experience, legal services provided in the past for your particular legal issue, and client satisfaction are helpful. In fact, most of the new clients of this firm are from referrals from satisfied clients we've previously represented. You would not see a doctor to whom you did not have faith, the same should be true of your legal counsel and legal staff.
Are other lawyers less expensive?
Some are, some are not. Remember, generally, you get what you pay for. Do not hire a new lawyer when a seasoned lawyer is what is required. You will ultimately spend the same legal fees at a lower rate for longer periods of time, than you would have by seeking the more experienced lawyer early in your case.
How long will it take to resolve my case?
This is a difficult question. I strive to resolve personal injury cases at a time when the medicals are fully developed and the client is beginning to return to their normal lifestyle - usually within 3-6 months post accident. We do not want to settle a case until we are sure of the full extent of our client's injuries. For example, is it a back sprain or strain, or is it a herniated disc which has not yet been diagnosed?
Does knowing the court system help?
Any knowledge that a client has of the Court system is helpful. It is your case, your injury, your business, your family environment. Understand and listen to your legal counsel. If you do not understand and your lawyer is hesitant to discuss or counsel you in regards to your specific case, seek other counsel.
What remedies does the law provide for my case?
Depending upon your legal dilemma, various recovery aspects are available. Some laws provide for compensation for your injuries, pain and suffering, and mental anguish; other laws provide for exemplary damages above the actual damages you suffered and return of reasonable and necessary attorney's fees. This is case dependent and can be discussed in more detail with your legal counsel.
What does a Paralegal/Legal Assistant do in a law office?
Your Paralegal will conduct the day to day activity of your case with responsibility to gather various medical records, interpretation of the information from the doctor and medical records, to preparing and filing various court documents at my specific direction. My Paralegals are my right hands and are involved in the case from beginning to end. Often times, the Paralegal is available to quickly answer questions for the client when I am in court or otherwise unavailable.
How often will I be told of the progress on the case?
Response time to client questions or concerns is normally less than one business day. You can certainly expect contact on a weekly or bi-weekly basis regarding issues. You can call the office at any time. If my Paralegals are not able to answer your questions, they will get an answer from me if I was not available at the time of your initial call due to other commitments. I strive to never have a client not understand legal ramifications or get an answer.
What are your office hours?
We are open from Monday through Friday from 8:30 a.m. to 5:30 p.m. My phones are staffed 24 hours a day, seven days a week. Emergency telephone messages are relayed to me by my after hours staff immediately and in my absence, to my senior Paralegal. I can and do make arrangements to meet clients at other hours, dependent upon the client's needs and prior commitments.
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