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?

Being involved in a car accident can naturally induce stress and confusion. Despite this, there are specific actions you can take to increase your chances of securing compensation, such as:

  • Seek medical attention. You should always put your health and well-being first. If you are injured in a car accident or truck 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.
  • Gather evidence. Following an accident, begin gathering any relevant evidence or information. This may include photos and videos of the accident scene, the other driver’s contact and insurance information, and 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 the payout. If you get a call from the insurance company, get their contact information and often it is best to simply inform them you cannot speak to them without first consulting an attorney.
  • Consult 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?

Our health is our most valuable asset. So it makes sense that it is always prudent to get a complete medical exam after a car accident, even if you initially feel fine. 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 people involved in a car accident or truck accident have a common misconception that you must pay an attorney upfront to retain their services. Fortunately, this is not required by most car accident lawyers.

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 will be paid a percentage of the financial recovery when the case is resolved. And if a recovery is not made and you don’t get paid, they don’t get paid. This 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 one-size-fits-all answer to what is considered a “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:

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, such as by breaking traffic rules or driving while distracted.

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, dash cam, and surveillance camera footage
  • Cell phone records
  • Expert witness findings

What If I Was Partly to Blame for the Crash?

If you were partially at fault for the accident, you can still seek compensation and make a financial recovery as long as you’re not more than 50 percent at fault. However, your financial recovery will be reduced according to your percentage of liability. So, for example, if a jury determines you were 10 percent at fault for the accident and the jury awards a total of $100,000, your net award would be $90,000.

What If the Other Driver Was Uninsured?

While all drivers must have auto 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. A lawyer can help you determine your options.

Can I Still Recover Damages If I Was Not Wearing a Seatbelt at the Time of the Accident?

Drivers and passengers are legally required to wear seat belts at all times, but some individuals may not wear them for every ride. If you were not wearing your seatbelt at the time of the car accident, you can still seek a recovery.

How Long Is the Car Accident Claim Process?

The length of the car accident claim will depend on the circumstances of your case. Less complex cases may settle more quickly than more challenging ones, such as those involving more severe, long-term injuries and those in which liability is challenged by the insurance company. Cases that go to trial will typically take significantly longer than those that are settled.

To better understand how long your auto accident claim may take, it is best to consult with a Houston car accident lawyer. A car accident lawyer can help you evaluate your case and determine the best course of action to take.

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 wages and loss of earning potential
  • Pain and suffering
  • Physical impairment
  • Mental anguish
  • Property damage

In rare cases, you may be entitled to punitive damages, which are intended to punish the defendant and deter similar behavior in the future.

How Can a Houston Car Accident Lawyer Help Me?

Car accident cases can be complex, and people injured in car accidents usually 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 by taking the following steps:

  • Investigating your case
  • Speaking with witnesses
  • Gathering evidence
  • Communicating with the insurance companies
  • Negotiating aggressively for a fair settlement
  • Preparing your case for court and taking the case to trial, when necessary

Having a knowledgeable lawyer on your side can give you valuable peace of mind while focusing on your physical recovery.