FAQ

Frequently Asked Questions

Auto Accidents and Insurance

My car was totaled in an accident. How does the insurance company know when and how much they should pay me?
Once the accident has been reported, an adjuster will be assigned to the claim. The adjuster will usually take a recorded statement of the drivers involved in the accident. Next, the adjuster will call for an appraiser look at the damage done to each vehicle. Once the insurance company of the at-fault party accepts responsibility for the accident, they will assess whether the damage to the vehicle is extensive enough to be declared totaled. When and if it is, the insurance company pays the owner for the vehicle’s fair market value. The fair market value is the amount the car was worth before the accident. Fair market value is also sometimes referred to as the “blue book” value of the vehicle.

Who will pay the doctor bills and fix my car if the other person has no insurance?
Even if the other driver doesn’t have any insurance, you may still be covered. Check with our office. We can look at your policy and tell you if you have uninsured motorist coverage, coverage which can compensate you if you are involved in an auto accident with someone who has no insurance.

What is UIM and PIP coverage on my car insurance and should I pay for this coverage?
Uninsured or underinsured motorist (UIM) coverage helps make up the difference in a negligent driver’s insurance policy limits and the damages you suffered from your injuries. This is important because the emergency room bill alone could easily be many times higher than the minimum coverage Texas drivers are required to carry. If you’re hurt in an accident, no matter who is at fault, personal injury protection (PIP) will pay your medical bills, expenses, and loss of income.

Determining Fair Settlement

What types of expenses does an accident settlement cover?
As an accident victim, you may be entitled to a number of different types of damages under Texas law. Some of the more common types of damages awarded in accident cases include reasonable medical expenses, lost earnings, pain and suffering, and permanent impairment.

How do I know how much money is my auto accident case worth?
The worth of your case is determined in one of two ways:  the amount on which you and the insurance company agree it is worth, or the amount of a cash award granted by a judge and jury. We examine all of the conditions surrounding your case in order to arrive at a figure that we believe the insurance company should pay for your injuries. Generally, the dollar value is dependent upon the type and extent of your injuries. Other factors influencing the dollar value of your case are the amount of medical bills, length of treatment, frequency of treatment, future medical bills, permanent disabilities, and any other damage that can be documented. We study every detail so that we can get you the money you deserve for your injuries.

Selecting and Working With an Attorney

Can any lawyer handle a personal injury case?
It’s true that you could hire any licensed lawyer, but not all lawyers have the training, expertise, and trial experience that we have at The Barber Law Firm, PC. We always represent our clients’ best interests. Think of it this way: if you needed surgery, would you rather have it done by a surgeon who is a specialist or a general practitioner? Both are doctors … right? Yes, but the surgeon has the training and experience you need. The same is true for lawyers. The family lawyer who prepared your Last Will and Testament may not have the personal injury trial experience that you need. You have a right to ask about the experience and training of the lawyer you hire.

Do you provide free consultations?
Yes. I am more than happy to talk with people about their case, without charging a fee for the consultation. At the end of the conversation, if the caller decides to retain me, I forward the paperwork to the caller so that he or she can sign up with my firm, and I can begin work on their case. On the other hand, if the caller does not want to retain me at the end of our conversation, or would simply like to think about it, there is no fee charged. Even if it is a case that I am not able to take for some reason, I can often make suggestions about what the caller can do, or refer them to other legal resources that may be able to provide assistance.

How much will I have to pay you to handle my case?
Our fee is taken as a percentage of the recovery that is made. If a lawsuit is filed on your behalf, the percentage increases, due the increased amount of work required in prosecuting the lawsuit.  However, if we are unable to recover money for you, you do not pay us anything.

Filing a Lawsuit

How long do I have to file an injury claim?
In most Texas injury cases, the only deadline that applies is a two-year statute of limitations. This means that you must bring suit no later than two years from the date of the accident or you would be prevented from filing suit. If your claim is not settled by the two-year anniversary of the accident, then a lawsuit MUST be filed prior to the anniversary date in order to protect your rights.  However, some cases have much shorter deadlines, which is why you should contact an attorney immediately after any personal injury.

What is the statute of limitations and how do I know if it affects me?
Statute of limitations refers to the requirement to file a lawsuit within a specified time limit. In Texas, many causes of action (but not all) have a two-year statute of limitation. Some lawsuits, such as lawsuits against the government, require a notice within a short time. The time begins to run when a cause of action accrues. A good example is someone negligently running into your car. The statute of limitation begins on the day of the accident. This issue can become more complicated. Sometimes, you have no way of knowing that you have a cause of action for years, such as discovering ill effects from taking a medication or being exposed to chemicals. It is important to seek the advice of an attorney and doctor if you suspect that you are having problems but don’t know for sure if it relates to the negligence of another or an unreasonably dangerous product.

Will I have to go to court?
If the insurance company agrees to pay what we believe your case is worth, and you wish to settle for that amount, then your case will not go to court. This is what happens in most situations. Some cases do require a formal trial proceeding, however. In either situation, hiring a firm with experience in handling personal injury cases is critical. We prepare all of our cases as if they are going to court and this is the very reason why most of our cases get settled outside of court. We are always prepared, and our preparation allows us to negotiate from a position of strength, helping you get the maximum award for your injuries.

How long will my case take?
The total time required to finalize a claim after the client has been released from treatment typically ranges from eight to twelve weeks. Each case is different, and a slow insurance company or unmotivated insurance adjuster can lengthen the process considerably.

While a client is being treated for his or her injuries, we are building the client’s files, obtaining copies of all medical records in connection with the accident and injuries, and resolving any remaining liability or other issues in the case. The length of medical treatment depends on the nature and severity of injuries.

Once the client has finished with his or her medical treatment, we prepare the paperwork to formally submit the settlement demand to the insurance company. It usually takes three to four weeks for the insurance company to evaluate the claim and respond with a settlement offer. After the insurance company makes the initial offer, the negotiations begin in earnest. The negotiation phase typically takes two to three weeks. If an agreement is reached at the end of the negotiations, it generally takes another week or two before financial arrangements are finished and a settlement check is presented to the client.

Of course, some cases do not result in a settlement agreement. In that situation, we talk with the client about the possibility of filing a lawsuit in connection with the accident. In every case, however, we attempt to resolve the client’s claim as efficiently as possible.