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What is Personal Injury?

Personal injury occurs when a person suffers physical and sometimes emotional damages due to the negligence of another individual or entity. Personal injury can occur in various ways including auto accidents, slip and fall, premises liability and medical malpractice. If you are wrongfully injured, you may be able to recover compensation by filing a personal injury claim.

What is Negligence?

Negligence occurs when an individual fails to exercise a reasonable care for the safety of others, thereby causing damage or injury to another. If a person fails to act as a reasonable person would, he or she may be liable for any resulting damages.

How much do you charge for a consultation?

We offer FREE case evaluations! You don’t have to worry about a consultation fee.

Contact our office today to have an attorney evaluate the specific facts of your claim and help you get the compensation you deserve!

How much does it cost to hire a personal injury lawyer?

Nothing upfront. Here at Law Office of Ral Obioha, we only take fees contingent on your recovery. Basically, we only get paid a percentage of the recovery, if the claim is successful.

It only begins with a free consultation. Call 832-569-1110 or fill out our contact form to evaluate your case.

What should I bring with me to my free consultation with an attorney?

Everything and anything you have that might relate to your claim such as police reports, witness statements, photos, medical reports and bill, and documents showing any time you’ve lost off work. The more documents you provide to your attorney, the more evidence s/he will have to evaluate our claim and make the appropriate steps to get you the best possible result.

How much is my case worth?

Despite what many insurance adjusters claim, there is no universal “formula” to determine the value of every personal injury case. Each personal injury claim has unique facts and the value depends on numerous factors including but not limited to determination of fault, degree of your fault, details of the accident, the extent of injuries sustained, insurance policy limits, property repairs, medical bills, any pre-existing injuries to the specific areas affected by the accident, lost wages, lost earning capacity, emotional pain and suffering, your life expectancy and similar jury awards in your jurisdiction.

Often times, the insurance company will give you a settlement offer that is way below the value of your case.  In order to maximize your recovery, you should contact a personal injury attorney who has the right experience to properly evaluate your case. Contact us today to schedule an initial consultation!

How long will it take to resolve my case?

The length of each personal injury claim varies.  There is no timetable that fits all cases.  Some cases get settled within a few months, while others take a couple of years, especially if it goes to trial.  Often when you are dealing with personal injuries, you may feel pressure to accept a low offer from the insurance company in order to pay your medical bills and stop the collection calls.  However, bear in mind that once you accept a low-ball offer and it runs out, you cannot ask for any more.

Here at Law Office of Ral Obioha, we take the time to get you what you deserve. In the mean time, we will provide guidance to avoid or minimize the pressure from any bill collectors.

How do I pay the mounting medical bills while my case is pending?

Some medical providers are willing to accept a Letter of Protection (LOP). A Letter of Protection is a document that allows a patient receive treatment without having to pay for it, until the case is settled. The LOP, in essence, serves as a lien that keeps the medical bills from going into collections and ruining your credit. It is imperative, however, that you understand that if the case is not resolved in your favor, you will be responsible for paying the medical bills.

An experienced attorney can recommend medical providers who are willing to accept a LOP, while your case is pending.

Will my case go to trial?

It depends. Very few personal injury cases actually make it to trial. However, to ensure your claim is successful, you should hire want an attorney who, while working hard to get you a fair settlement, is willing to take the case to trial, if the insurance company fails to provide a fair compensation for your injuries.

How do I know if a settlement offer from the insurance company is fair?

A settlement offer from an insurance company is fair only if it covers all your current and future medical bills arising from your personal injury, your lost wages, and your pain and suffering, if so entitled. No matter how friendly the insurance adjuster may seem, bear in mind that insurance companies are ultimately businesses and will do anything to minimize their costs.

To ensure your settlement offer is fair, contact an experienced attorney to review your claim.

Who is liable for my accident?

There are many ways to establish liability. In order to effectively assess liability, an attorney must investigate your case, and gather evidence such as police reports, witness statements, photographs and medical records.  Contact us today!

If the negligent driver does not have insurance, can I still get compensation?

If you were hit by an in uninsured driver, an underinsured driver or a hit-and-run driver, you may be able to recover under your own insurance policy, if you carried uninsured/underinsured motorist coverage.  In that case, your insurance company will step in, in place of the uninsured/underinsured/hit-and-run driver. If you are covered and your insurance company fails to fairly compensate you, your case may involve a complex bad faith claim against your auto insurance policy.

Contact an attorney today to represent you in your claim.

What is the Statute of Limitations in Texas for Personal Injury?

Under Texas law, the statute of limitations for personal injury claims is two years from the date of the accident. In other words, if you do not file a claim within two years of the incident, your claim is determined to be untimely and therefore, barred.

Don’t wait till last minute or allow your claim get timed out. Contact an attorney today!

Can I get compensation if I was partially at fault?

Under Texas law’s modified comparative fault rule, if you are determined to be 50 percent or less at fault for the auto accident, you may still be able to receive compensation. However, the amount of compensation you receive will be reduced by your percentage of your negligence or fault. For example, if you are 50 percent at fault and the court awards you $300,000 in compensation, you will only receive $150,000, which is 50% of the recovery amount.

I just got in an automobile accident, what do I do?

An auto accident may leave you severely injured and in a state of shock. However, to the extent possible, you must take certain steps to protect yourself.

Immediately after an accident, make sure you do the following:

  • Get the other driver’s information: His name, address, phone number, date of birth, driver’s license plate number, insurance company name and policy number.
  • Get the names, addresses and phone numbers of any witnesses to the accident.
  • Take as many photos as possible of all the vehicles involved (especially of any damages), the scene of the accident (from various angels), and any visible injuries to your body, the driver’s license, the driver’s insurance card, and the driver’s license plate number.
  • Stay at the scene of the accident and call the police!
  • Get the police officer’s name and the police report number. Don’t forget to get information as to when the police report will be ready, and how to request a copy.
  • Write down every single thing you remember about the accident as soon as you can. Draw a diagram of the accident, any witnesses, the weather condition at the time of the accident, and any other details you remember.
  • Regardless of how you feel, get examined by a doctor immediately. Sometimes, injuries do not surface until days later. Don’t wait till it’s too late Get to a doctor and make sure to tell them that you have been involved in an accident.

Taking these steps will help you acquire required evidence to successfully pursue your claim.

What are some do’s and don’ts after an accident?

  • DO take as many photographs as possible.
  • DO get the other driver’s information and insurance company information
  • DO call the police
  • DO seek medical care as soon as possible.
  • DO NOT sign any documents prior to reading and understanding properly.
  • DO NOT make any statements or sign any releases without consulting with an attorney.
  • DO NOT speak with insurance adjusters or anyone else who might contact you without first consulting with your attorney.

If the insurance adjuster wants a recorded statement from me, should I give it?

It is advisable to consult with an attorney before making any statements to anyone.  If you don’t, you may make statements that may be used at a later time to dispute the validity of your claim to recovery.

Should I sign a release?

Before signing anything, make sure to consult with a personal injury lawyer to ensure your right to recover future damages is protected.

If my health insurance already paid for my medical bills, can I still recover from the person who caused my injury?

Yes.  However, your health insurance company may be entitled to reimbursement for some or all of the payments they made.

Please note that while your insurance company may pay some or all the medical bills, you may be entitled to other damages such as pain and suffering and loss of consortium, which you can only recover by making a personal injury claim.

What does Personal Injury Protection insurance cover?

Under Texas law, every automobile liability insurance company must offer personal injury protection (PIP) coverage. In order to reject PIP, you must do so in writing.

If you can afford it, obtain PIP coverage because it can alleviate some medical bills, lost wages and decreased value of household duties. When choosing a PIP plan, make sure that you inquire as to any applicable deductible. Typically, however, PIP coverage is limited to the amount of $2,500, unless otherwise requested and/or written.  Please note that you can collect under your PIP coverage regardless of who is deemed to be at fault and PIP typically covers passengers in your vehicle as well.

If you have any questions regarding you PIP coverage, contact Law Office of Ral Obioha.

Do I really need a personal injury attorney?  Why can’t I handle the personal injury claim by myself?

You may be able to handle your claim by yourself. However, an experienced personal injury lawyer knows what it will take to get you the best compensation for your injuries. Insurance adjusters, based on self-interest, are trained to pay the least amount possible for your injuries. On the other hand, an attorney will fight for your best interests and obtain fair compensation for your injuries. Additionally, dealing with your injuries alone can be exhausting. There is no need to add the frequent calls to the insurance adjuster to your to-do list.

It is also important that you hire an attorney early. This can be very beneficial to make sure your claim is solid and to prevent you from making any mistakes that will be damaging to your case. Contact us today, let us do the fighting for you!