These are the questions people ask us most often in the first call. Each answer is general information; your own case depends on its facts, and the consultation is free.
Fees and the first call
What does a consultation cost? Nothing. You talk with our Dallas team, and an attorney reviews what happened. You are not committed to anything by calling, and nothing you say makes us your lawyers until you sign a written agreement.
How are fees handled? No Fees or Costs Unless We Win: the firm advances case costs, and you owe no attorney’s fee and no case costs unless money is recovered for you. The terms are written down and explained before you sign.
Will you tell me what my case is worth? Not on the first call. No honest attorney can value a claim before the injury, the treatment and the coverage are understood. We tell you what matters most in your case and what happens next.
Deadlines
How long do I have? A Texas personal injury lawsuit generally must be filed within two years of the day the claim arises (Civil Practice and Remedies Code section 16.003). For a death, two years generally from the date of death.
Is it shorter against a city? Yes. Claims against a government unit generally need written notice within six months (section 101.101), and a city charter may require it sooner.
What about children? The time a person is under 18 is generally not counted (section 16.001), but evidence fades, so it is wise to start early.
Fault
Can I recover if I was partly to blame? Yes, if your share of responsibility is 50 percent or less. Your recovery is reduced by your share; above 50 percent it is barred (sections 33.001 and 33.012).
Does the police report decide fault? No. It is important evidence, but fault is decided from all of it.
Insurance
Do I have to give the other driver’s insurer a recorded statement? No. Once you hire us, the insurer talks to us.
Who pays my medical bills now? Often your own personal injury protection (PIP) first. PIP is part of every Texas auto policy unless rejected in writing and is paid regardless of fault (Insurance Code sections 1952.152 and 1952.155). Health insurance may also pay while the claim is open.
What if the other driver has no insurance? Your uninsured motorist coverage may apply; it is included unless rejected in writing (section 1952.101).
The crash report
How do I get it? An officer who investigates a crash with an injury files the Texas Peace Officer’s Crash Report with TxDOT within ten days (Transportation Code section 550.062). The people involved can buy a copy through TxDOT’s online system for a small fee. Our article on how to get a Dallas crash report walks through it.
Working with us
Who will handle my case? Attorneys at our Dallas office: Michael Uvalle, Rolando Reyna, Jr. and Joseph Massey, with the firm’s litigation attorneys if a lawsuit is filed. Michael Uvalle is the attorney responsible for this website. Meet them on our about page.
Is this a referral website? No. Injury Claim Lawyer Dallas is a website of LAWBOSS – Harris, Nelsen & Uvalle, PLLC, and the cases that come through it are handled by LAWBOSS attorneys.
When can I call? Any time, day or night, weekends included. The phones are answered 24 hours a day, 7 days a week.
Have a question that is not here? Call our Dallas office; the consultation is free.
Questions people ask
Should I go to the doctor if I feel fine?
Yes. Some injuries appear hours or days after a crash, and an early exam protects your health and the record of the injury.
Can I talk to my own insurance company?
Yes, and your policy may require you to report the crash. We can help with that conversation, including PIP and uninsured motorist claims.
What if I already signed something from the insurer?
Send it to us. What it means depends on what it says; a release usually ends a claim, while a medical authorization does not.
Do I have to go to court?
Most claims resolve without a trial. If a lawsuit is filed, we prepare you for every step, such as written questions or a deposition.
How long will my claim take?
It depends mostly on how long your treatment lasts and whether the insurer disputes fault. We usually wait until the injury is understood before sending a demand.
Do you handle cases outside Dallas?
We take claims from Dallas and nearby towns such as Irving, Garland, Mesquite, Grand Prairie, Richardson, Carrollton, Plano, Arlington and DeSoto. The firm also has offices in Houston and San Antonio.