{"id":19,"date":"2018-05-01T04:23:07","date_gmt":"2018-05-01T04:23:07","guid":{"rendered":"http:\/\/atomic.oxy.host\/?page_id=236"},"modified":"2026-10-28T05:25:55","modified_gmt":"2026-10-28T05:25:55","slug":"frequently-asked-questions","status":"publish","type":"page","link":"https:\/\/txinjuryadvocates.com\/staging\/4683\/frequently-asked-questions\/","title":{"rendered":"Frequently Asked Questions"},"content":{"rendered":"

\nFAQs\n<\/p>

\nStraight answers to common questions.<\/span>\n<\/h1>

\nAfter an injury, you may not know whether you have a case, what it is worth or what to do next. Here are answers to the questions we hear most. For advice about your specific situation, talk with an attorney. Consultations are free.\n<\/p>

\nGetting started\n<\/a>\nAfter an accident\n<\/a>\nYour claim\n<\/a>\nMoney and damages\n<\/a>\nEstate litigation\n<\/a>\nFiduciary litigation\n<\/a>\nOther cases\n<\/a><\/div><\/section>

\nGetting started<\/span>\n<\/h2>
\nDo I have grounds to file a personal injury lawsuit?\n<\/summary>

\nIn general, you need to show that someone else acted carelessly or recklessly, and that their conduct caused you to be hurt. That can include a distracted or drunk driver, a property owner who ignored a dangerous condition, a trucking company that cut corners, or a defective product. Whether you have a strong case depends on the facts, the evidence and the available insurance, so the best next step is to review what happened with an attorney.\n<\/p><\/details>

\nHow much does it cost to hire you?\n<\/summary>

\nMost of our personal injury cases are handled on a contingency fee. That means our fee is a percentage of what we recover for you, and you do not pay an attorney's fee if we do not recover anything. Case expenses, such as filing fees, medical records and expert costs, are handled as explained in your written fee agreement. We walk you through exactly how fees and expenses work before you sign anything.\n<\/p><\/details>

\nIs the consultation really free?\n<\/summary>

\nYes. There is no charge to talk with us about your case and no obligation to hire us. We will listen to what happened, answer your questions and give you an honest view of your options.\n<\/p><\/details>

\nWhat should I bring to my consultation?\n<\/summary>

\nBring whatever you have, but do not let missing paperwork stop you from calling. Helpful items include the crash or incident report, photos and videos, insurance cards and letters from any insurance company, medical records and bills, the names of witnesses, and pay stubs or other proof of missed work.\n<\/p><\/details>

\nHow do I choose the right personal injury attorney?\n<\/summary>

\nLook for a firm that prepares cases for trial, communicates with you directly and explains things in plain language. Ask who will actually handle your case, how often you will hear from them, and whether they have tried cases to a verdict. At our firm, the attorneys handle your case personally, from the first call through trial and appeal.\n<\/p><\/details>

\nDo you speak Spanish?\n<\/summary>

\nYes. Attorney Jorge Borunda's first language is Spanish, and a member of our legal staff also speaks Spanish. You can talk about your case directly with your attorney, in your language. Visite nuestra p\u00e1gina en espa\u00f1ol.<\/a>\n<\/p><\/details><\/div>

\nAfter an accident<\/span>\n<\/h2>
\nWhat should I do right after a car accident?\n<\/summary>

\nGet to safety and call 911 if anyone is hurt. Exchange information with the other driver, take photos of the vehicles, the scene and your injuries, and get the names and phone numbers of witnesses. See a doctor as soon as possible, even if you feel okay. Then talk with an attorney before you give a statement to the other driver's insurance company.\n<\/p><\/details>

\nShould I call the police after a car accident in Houston?\n<\/summary>

\nYes, in most cases. Texas law requires drivers to report crashes that result in injury or death, or that damage a vehicle so it cannot be driven safely. Even in a smaller crash, a police report creates an independent record of what happened, who was involved and what witnesses saw, and that record can be important evidence later.\n<\/p><\/details>

\nShould I talk to the other driver's insurance company?\n<\/summary>

\nBe careful. The other driver's insurer works for its customer, not for you. Adjusters often ask for a recorded statement early, and what you say can be used to minimize or deny your claim. You are generally not required to give the other side's insurer a recorded statement. Talk with an attorney first, and let us handle communications with the insurance companies.\n<\/p><\/details>

\nWhat if I did not feel hurt right away?\n<\/summary>

\nThat is common. Adrenaline can mask pain, and injuries like whiplash, concussions and back injuries may not show symptoms for hours or days. Get checked by a doctor as soon as you can and tell them about the accident. Waiting too long to get treatment can hurt your health and make it harder to connect your injuries to the crash.\n<\/p><\/details>

\nWhat are the common causes of car accidents in Houston?\n<\/summary>

\nDistracted driving, speeding, drunk or impaired driving, running red lights, unsafe lane changes, and heavy truck traffic on highways like I-10, I-45 and the 610 Loop are among the most common causes. Construction zones and wet roads add to the risk. Identifying the cause matters, because it helps establish who is legally responsible.\n<\/p><\/details><\/div>

\nYour claim<\/span>\n<\/h2>
\nHow long do I have to file a personal injury claim in Texas?\n<\/summary>

\nIn most Texas personal injury cases, a lawsuit must be filed within two years of the injury. There are exceptions, and some deadlines are much shorter. Claims against a city, county or other government entity can require written notice within six months or less. Because missing a deadline can end your claim, talk with an attorney as soon as possible.\n<\/p><\/details>

\nWhat if I was partly at fault?\n<\/summary>

\nYou may still be able to recover. Texas uses a proportionate responsibility system: if you are found 50% or less responsible, you can recover damages, reduced by your percentage of fault. If you are found more than 50% responsible, you cannot recover. Insurance companies often try to shift blame to the injured person, which is one reason a careful investigation matters.\n<\/p><\/details>

\nHow long will my case take?\n<\/summary>

\nIt depends on your injuries, how clear liability is, and how the insurance company responds. Some cases resolve in a matter of months. Cases that require a lawsuit and trial can take a year or more. We usually recommend understanding the full extent of your injuries before settling, so you do not accept less than your claim is worth.\n<\/p><\/details>

\nWill my case go to trial?\n<\/summary>

\nMost personal injury cases settle without a trial. But insurance companies pay attention to which lawyers are willing to go to court. We prepare every case as if it will be tried, and when a fair settlement is not offered, we are ready to try it.\n<\/p><\/details>

\nWhat if the at-fault driver has no insurance or not enough insurance?\n<\/summary>

\nYour own auto policy may include uninsured and underinsured motorist coverage, which can pay for your injuries when the other driver cannot. In Texas, this coverage is included unless it was rejected in writing. We review all available policies, including yours, to find every source of recovery.\n<\/p><\/details>

\nCan my family file a claim if a loved one was killed?\n<\/summary>

\nYes. Under Texas law, a surviving spouse, children and parents can bring a wrongful death claim, and the estate can bring a claim for what the person suffered before death. These cases carry their own deadlines, so it is important to speak with an attorney early. Learn more about wrongful death claims.<\/a>\n<\/p><\/details><\/div>

\nMoney and damages<\/span>\n<\/h2>
\nWhat are special (economic) damages?\n<\/summary>

\nSpecial damages are the financial losses you can document, such as past and future medical expenses, lost wages, loss of earning capacity, property damage and rental car costs.\n<\/p><\/details>

\nWhat are general (non-economic) damages?\n<\/summary>

\nGeneral damages compensate for losses that do not come with a receipt, such as physical pain, mental anguish, physical impairment, disfigurement and, in some cases, loss of companionship.\n<\/p><\/details>

\nHow do I know if a settlement offer is fair?\n<\/summary>

\nA fair settlement accounts for all of your losses, including future medical care and the effect of your injuries on your work and daily life, not just the bills you have so far. Early offers from insurance companies are often far below what a claim is worth. We evaluate each offer against the evidence and what a jury could reasonably award, and we never settle your case without your approval.\n<\/p><\/details>

\nWho pays my medical bills while my case is pending?\n<\/summary>

\nDepending on your situation, your health insurance, Personal Injury Protection (PIP) or MedPay coverage on your auto policy may pay medical bills while your claim is pending. In some cases, doctors will treat you and wait to be paid from your settlement. We help you understand your options so you can get the care you need.\n<\/p><\/details><\/div>

\nEstate litigation<\/span>\n<\/h2>
\nCan I contest a will in Texas?\n<\/summary>

\nPossibly. A will can be challenged on specific legal grounds, including lack of testamentary capacity, undue influence, fraud, forgery, improper signing or revocation. You generally must be an \"interested person,\" such as an heir or a beneficiary under an earlier will. Being disappointed by a will is not enough on its own, so the facts behind how and when it was signed matter.\n<\/p><\/details>

\nHow long do I have to contest a will?\n<\/summary>

\nIn Texas, a will generally may be contested within two years after it is admitted to probate, with limited exceptions such as cases involving forgery or fraud. It is often better to act sooner, before a will is admitted or before estate assets are distributed, and while medical records and witnesses are still available.\n<\/p><\/details>

\nWhat is undue influence?\n<\/summary>

\nUndue influence happens when someone uses their position of trust or control to replace the wishes of the person making the will with their own. These cases often involve a caregiver, a new spouse or a family member who isolated the person late in life, managed their finances, or was closely involved in arranging a new will.\n<\/p><\/details>

\nThe will says anyone who contests it gets nothing. Should I still challenge it?\n<\/summary>

\nNot necessarily a reason to give up. Texas law generally does not enforce these \"no-contest\" or forfeiture clauses against someone who brought a contest with just cause and in good faith. Because the stakes are high, talk with an attorney about the strength of your case before you file.\n<\/p><\/details>

\nWhat happens if someone dies without a will?\n<\/summary>

\nTexas law decides who inherits, based on factors such as whether the person was married, whether they had children (including children from another relationship), and whether the property is community or separate property. A court may need to hold an heirship proceeding to determine the legal heirs, and disputes over who qualifies as an heir are common.\n<\/p><\/details>

\nAre life insurance, IRAs and retirement accounts part of the estate?\n<\/summary>

\nUsually not. These assets typically pass directly to the named beneficiary, outside of probate. But a beneficiary change can be challenged if it was the product of undue influence, fraud or a lack of capacity, or if it was made by someone without authority to make it.\n<\/p><\/details>

\nCan an estate dispute be decided by a jury?\n<\/summary>

\nYes. In Texas, contested estate matters such as will contests can be tried to a jury. Many estate disputes settle at mediation, but our firm prepares estate cases for trial and has tried them to a jury verdict. Learn more about estate and probate litigation.<\/a>\n<\/p><\/details><\/div>

\nFiduciary litigation<\/span>\n<\/h2>
\nWhat is a breach of fiduciary duty?\n<\/summary>

\nA fiduciary, such as a trustee, executor, agent under a power of attorney, guardian or business partner, must act in the best interests of the people they serve. A breach can include taking money for themselves, self-dealing, favoring one beneficiary without authority, hiding information, or seriously mismanaging property.\n<\/p><\/details>

\nCan I make the executor or trustee show me the records?\n<\/summary>

\nOften, yes. Texas law gives beneficiaries the right in many situations to demand an accounting from a trustee or executor, and to require an agent under a power of attorney to account for transactions. If records are refused, a court can order them produced, and bank and brokerage records can be subpoenaed directly.\n<\/p><\/details>

\nCan an executor or trustee be removed?\n<\/summary>

\nYes. A court can remove an executor, administrator or trustee for reasons such as misconduct, mismanagement, conflicts of interest, or failing to perform their duties. Removal is often sought together with a demand to recover money or property that was lost.\n<\/p><\/details>

\nA family member used a power of attorney to take money from my parent. What can we do?\n<\/summary>

\nAn agent under a power of attorney owes legal duties to the person who granted it, and gifts or transfers the agent was not authorized to make can be challenged. That can be done while your parent is living, or by the estate after your parent passes away. Acting quickly helps preserve records and stop further losses.\n<\/p><\/details>

\nHow long do I have to bring a breach of fiduciary duty claim?\n<\/summary>

\nMany breach-of-fiduciary-duty claims in Texas must be filed within four years. When that period begins can depend on when the wrongdoing was discovered or reasonably should have been discovered, and related probate or guardianship claims can carry different deadlines. An attorney can review the timeline in your situation.\n<\/p><\/details>

\nWhat can I recover in a fiduciary case?\n<\/summary>

\nDepending on the facts, remedies can include a full accounting, removal of the fiduciary, return of property that was wrongfully taken, damages, forfeiture of fees, and giving up profits made from the breach. In some cases, exemplary damages and attorney's fees may be available. Learn more about fiduciary litigation.<\/a>\n<\/p><\/details><\/div>

\nOther cases<\/span>\n<\/h2>
\nDo you handle cases other than personal injury?\n<\/summary>

\nYes. In addition to personal injury, our firm handles estate and probate litigation<\/a>, fiduciary litigation<\/a>, commercial and business litigation<\/a>, and civil rights<\/a> cases.\n<\/p><\/details>

\nCan I sue the police for excessive force?\n<\/summary>

\nOften, yes. Federal law allows people to sue government officials who violate their constitutional rights, including through excessive force. Our firm took the civil rights case Barnes v. Felix<\/a> to the U.S. Supreme Court, which ruled unanimously for the family. These cases have short deadlines, so contact an attorney quickly.\n<\/p><\/details><\/div>

\nThe answers on this page are general information, not legal advice, and reading them does not create an attorney-client relationship. Every case is different. Past results do not guarantee a similar outcome.\n<\/p><\/div>