Frequently Asked Questions
Personal Injury FAQs
General
Do I have a case?
If you have been injured as a result of the actions or inactions of another party, then you may be able to file a civil lawsuit against the at-fault party. However, just because you or family member has been injured does not mean you have a viable claim. To win a lawsuit you must be able to show through legally admissible evidence that another party is responsible for the injury. Attorneys who specialize in injury cases have the experience necessary to investigate and evaluate your potential case to determine who is at fault and whether that person can be held legally responsible for your injuries.
When should I hire an attorney?
Ideally you should hire an attorney as soon as possible after an incident in which you or a family member has been injured. Having an experienced attorney on your side early on allows them to gather important evidence which may be lost or concealed as time goes on. Another reason to promptly hire an attorney is that almost all claims for an injury are subject to a deadline called the “Statute of Limitations”. This is the deadline by which you must have a lawsuit on file with the proper governmental agency. If you have not resolved your case or filed a lawsuit by the time the Statute of Limitations expires, then you will forever lose your right to make a recovery against the persons or entities responsible for your injuries. It is important to consult with an attorney as soon as possible after you or loved one has been injured so that the attorney can make sure the appropriate steps are timely taken to protect your ability to make a recovery against the responsible party.
Why should I hire an attorney?
While not every legal issue requires a lawyer, if there is an important matter such as a serious injury caused by the negligence of another, or a denied significant insurance claim, then hiring an attorney experienced in these fields can be essential to make sure your rights are protected and that you have the best chance of receiving everything you are entitled to under the law.
What should I consider in hiring an attorney?
The most important factor to consider in hiring an attorney is their experience in the field of law concerning your potential case. The practice of law is not only complicated, but also covers a multitude of subjects and specialties. No single attorney will have the needed experience to handle cases in every specialty. It is important to ask any attorney you are thinking of hiring about their background and experience in handling cases similar to your case.
How long will it take to resolve my case?
Every case is different and will have its own unique schedule. However, generally for a personal injury case you will probably need to complete your medical treatment before attempting to resolve your case. This is because the full scope of your injuries may not be known until you have at least substantially completed your treatment. At that point, your doctors will know the full extent of your injuries as well as the anticipated cost for future care and other future damages. If a lawsuit must be filed to resolve your case then additional time will likely be needed as each court has its own schedule and your case is often one of hundreds if not thousands of other cases on file with the court.
How much is my case worth?
Everyone’s case is different and no attorney can tell you at the beginning of a case what it is worth. Just by example, the value of a personal injury case is often dependent on the extent of your injuries, the costs of your medical care, the facts of how the underlying accident occurred, and other details that may emerge as your attorney investigates and handles your case.
How much do you charge?
We work on a contingency basis. This means you do not have to pay us anything until a recovery is made on your behalf.
Does a lawsuit have to be filed?
Often times a claim can be resolved before filing a lawsuit. However, we have found that usually the best results for clients can be achieved by filing a lawsuit. By filing a lawsuit we are able to conduct an in-depth and detailed investigation regarding the person or entity responsible for our clients’ injuries. This allows us to get a fuller picture of not only what happened, but also gain information which will hopefully prevent it from happening again.
Trucking Accident FAQs
Trucking Accident
I’ve been involved in a truck crash. What should I do?
First, contact The Callahan Law Firm. Your initial consultation is free of charge and confidential. Use the Contact Form on this page or call (713) 224-9000.
How much will it cost to talk with your law firm?
Nothing. The initial consultation is free of charge. And if you hire us to represent you, we work on a contingency fee basis which means that you owe us nothing unless you make a recovery. If there is no recovery, you do not owe us anything.
Why should I hire an attorney?
While not every legal issue requires a lawyer, if there is an important matter such as a serious injury or fatality, then hiring an attorney experienced in handling the specific type of case can be essential to make sure your rights are protected and that you have the best chance of receiving everything you are entitled to under the law.
When should I hire an attorney?
Ideally you should hire an experienced attorney as soon as possible after an incident in which you or a family member has been injured. Having an experienced attorney on your side as soon as possible allows the law firm to begin collecting important evidence which may be lost or concealed as time passes. In cases involving serious injury it is critical that your attorney can take the appropriate steps timely to protect your ability to make a recovery against those responsible.
What should I consider in hiring an attorney?
The most important factors to consider in hiring an attorney are their experience and history of success representing others in the area of law concerning your potential case. The practice of law is complicated and covers many subjects and specialties. No single attorney will have the needed experience to handle every different kind of case. It is important to ask the attorney you are thinking of hiring about their background and experience in handling cases similar to your case.
What is the cost to hire your law firm to represent me?
We work on a contingency fee basis which means that you owe us nothing unless we make a recovery on your behalf. If there is no recovery, you do not owe us anything.
Do I have a case?
If you have been harmed because of the actions of another party, then you may be able to file a civil lawsuit against the at-fault party. However, just because you or family member has been injured does not mean you have a claim that can succeed. To win a lawsuit you must be able to show that another party is responsible for the injury. Attorneys who specializes in injury cases have the experience necessary to investigate and evaluate a potential case to determine who is at fault and whether that company or person can be held legally responsible for your injuries.
How much is my case worth?
Each case is different and must be evaluated on the specific facts. The value of an injury case depends on the extent of the injuries, the facts of how the incident happened, and other details that emerge as your attorney handles the case. To evaluate the injuries, we start with the amount of medical expenses and lost wages in the past and in the future. Additional elements to be considered include past and future pain, physical impairment, disfigurement, mental anguish, and possibly others.
How long will it take to resolve my case?
It depends on the defendants in the case and their insurance companies. From the time we are hired our firm works to prepare each case for trial. At some point settlement discussions begin with the defendants. Throughout the process, we continue working diligently preparing the case until a settlement acceptable to the client can be achieved. Although most of our cases settle before a trial, when necessary we do go to trial and we have a history of success when doing so.
Will I be able to speak with you if I have a question about my case?
Yes. We handle a limited number of cases so that we can provide the time and attention to each client that their case deserves. We pride ourselves on being there for our clients and do our best to be available when you call or return your call the same day.
Car Accidents FAQs
Car Accident
What Do I Do If I Have Been Involved in a Houston Car Accident?
If you’ve been involved in a car accident, it is common to feel stressed and overwhelmed. However, you can take specific steps that could help your case and your likelihood of receiving compensation, including:
- Seeking medical attention. You should always put your health and well-being first. If you are seriously injured in an accident, you will likely receive medical treatment at the scene. If you don’t, it is best to visit an emergency room or your primary care physician as soon as possible after the accident. It is equally important to follow through with your doctor’s treatment plan. Keep in mind your medical records will eventually become a crucial part of your case.
- Gathering evidence. Following an accident, begin gathering any relevant evidence or information. It may include:
- Photos and videos of the accident scene
- The other driver’s contact and insurance information
- Witness contact information
As other information becomes available, such as police reports and medical records, add those to your file and share them with your attorney.
- Avoid speaking to the other driver’s insurance company. It is very common to receive communications from the other driver’s insurance company. However, it is best to avoid speaking with them directly, as they do not have your best interests in mind. While they may appear compassionate and ask for your side of the story, they won’t hesitate to use your words against you to limit their payout. If you get a call from the insurance company, simply inform them you cannot speak to them without first consulting an attorney.
- Consulting with a qualified Houston car accident attorney. Handling a car accident claim can be stressful, but you don’t have to do it alone. Your lawyer can thoroughly investigate the crash, answer any questions you may have, and formulate a plan of action to pursue the compensation you deserve.
Should I Seek Medical Treatment After a Car Accident Even If I Feel Fine?
You should always get a complete medical exam after a car accident, even if you feel fine at first. During traumatic moments, such as a collision, your body will produce adrenaline, masking pain. A thorough examination can help identify any injuries you may not be immediately aware of, allowing you to begin treatment as soon as possible.
I Can’t Afford a Lawyer. Now What?
Many accident victims have a common misconception that you must pay an attorney upfront to retain their services. Fortunately, this is not how most lawyers for car accident cases operate.
Personal injury lawyers usually work on a contingency fee basis, meaning you’re not required to pay any upfront fees to retain an attorney. Your lawyer will front the initial costs and work on your case, then take a percentage once you’ve received compensation. That eliminates the fear of costly legal expenses while allowing you to get the help you need.
What Is a Fair Settlement?
When it comes to car accident cases, there is no specific “fair” settlement. What is fair will depend on the circumstances of your particular case. To determine how much your case is worth, certain factors are taken into consideration, including:
- The severity of your injuries
- The total amount of medical bills
- Who was at fault for the car accident
- Lost wages and earning potential
- The extent of your other personal losses
How Long Is the Car Accident Claim Process?
The length of the claim process will depend on the circumstances of your case. Less complex cases may settle quicker than more challenging cases, such as those that involve more severe, long-term injuries and those in which fault is questioned. To get a better idea of how long your claim may take, it is best to discuss this with your car accident lawyer.
How Can I Prove Fault?
To prove fault, you will need to demonstrate that the other party was negligent, meaning they failed to use reasonable care to avoid the risk of hurting others, such as by breaking traffic rules or driving while distracted, for example.
Your attorney may rely on various tools to prove the other driver’s fault, including:
- Witness statements
- Information from police reports
- Photos and videos of the accident scene
- Traffic camera, dashcam, and surveillance camera footage
- Cell phone records
- Expert witness findings
What If I Was Partly to Blame for the Crash?
If you were partly at fault for the accident, you can still seek compensation as long as you’re not more than 50 percent at fault. However, your settlement will likely be reduced according to your percentage of liability. So, for example, if it is determined you were 10 percent at fault for the accident and your settlement amount is $100,000, you would receive $90,000.
What If the Other Driver Was Uninsured?
While all drivers must have car insurance in Texas, some break the law by driving without coverage or with fake paper license plates. Even if the other driver is uninsured, you could still receive compensation. You can file a claim with your own insurance company if you have uninsured motorist (UM) coverage.
What Kind of Damages Could I Be Entitled to?
For car accident cases, you may be entitled to compensation for losses related to your accident, called compensatory damages. These may include:
- Medical expenses (present and future)
- Lost wages
- Lost earning potential
- Pain and suffering
- Property damage
Can I Still Recover Damages If I Was Not Wearing a Seatbelt at the Time of the Accident?
Drivers and passengers are required by law to wear seatbelts at all times, but some individuals may not wear them for every single ride. If you were not wearing your seatbelt at the time of your accident, you can still seek recovery. Not wearing a seatbelt does not cause an accident, though it could make your injuries worse.
How Can a Houston Car Accident Lawyer Help Me?
Car accident cases can be complex, and many car accident victims don’t realize the full value of their case. A car accident attorney can help you understand your legal options and handle your case from beginning to end, including:
- Investigating your case
- Speaking with witnesses
- Gathering evidence
- Communicating with the insurance companies
- Negotiating aggressively for a fair settlement
- Preparing your case for court, if necessary
Having a knowledgeable lawyer on your side can give you valuable peace of mind while you focus on your physical recovery.