Personal Injury Law: Frequently Asked Questions

This blog was brought to you by The Carabin Shaw Law Firm — Call Shaw! — Personal Injury Lawyer San Antonio.

The best time to retain a lawyer in a personal injury or wrongful death case is immediately. Cases are won or lost on evidence — and the sooner an attorney can secure witness statements, photograph the scene, and preserve critical records, the stronger the foundation of your claim. If you have been hurt in an accident and are not sure what to expect from the legal process, these answers to the questions our clients ask most often should give you a clearer picture.

Your Questions About Personal Injury Claims in Texas, Answered

When is the best time to hire a personal injury lawyer?

Immediately. Evidence deteriorates, witnesses become harder to locate, and surveillance footage gets overwritten within days of an accident. An attorney retained early can move quickly to preserve everything that matters. The fee structure works on contingency — meaning you pay nothing upfront and the attorney’s fee is a percentage of the recovery — so hiring a lawyer sooner does not cost you more. In many cases, early settlement before extensive litigation results in a lower fee percentage, which puts more money in your pocket. More on this website about Laredo personal injury lawyers.

How long will my case take to resolve?

It depends on the severity of your injuries and the complexity of the liability issues involved. Cases involving less severe injuries often resolve in six months to a year. Complex or catastrophic injury cases regularly take two to three years to reach a final settlement. If your case goes to trial, most personal injury and wrongful death trials run one to two weeks, though complex cases can extend longer. More on this website.

Do I have to pay attorney’s fees upfront?

No. Carabin Shaw works on a contingency fee basis and advances all case expenses. Our fee is generally 33⅓ percent if the case settles before a lawsuit is filed and 40 percent if litigation becomes necessary. If we do not recover compensation for you, you owe us nothing — no fees and no reimbursement of expenses.

What costs should I expect in my case?

Case expenses vary depending on what your claim requires to prove. Investigation costs come first — hiring investigators to take witness statements, photograph the accident scene and vehicle damage, and locate other physical evidence. There are also fees for police reports, fire department records, and medical records from hospitals and physicians. In more complex cases, expert witnesses become necessary: physicians, life care planners, accident reconstruction specialists, safety engineers, biomechanical experts, and economists all charge hourly rates that typically range from $150 to $1,000 per hour. Expert fees are usually the largest expense in litigated cases. All costs are managed carefully and are reimbursed from the recovery at the conclusion of the case.

How is a personal injury claim valued?

Every claim is evaluated individually based on three core factors: liability, damages, and available coverage. Liability is the question of fault — Texas is an at-fault state, and if you bear any partial responsibility for the accident, your recovery may be reduced proportionally. Damages reflect the actual harm you suffered: the type and severity of your injury, the length of your disability, any permanent impairment or scarring, past and future medical expenses, and lost wages and earning capacity. Available coverage refers to how much insurance exists to compensate you — or whether the defendant is self-insured and able to pay a judgment. The intersection of all three factors determines what a case is realistically worth.

Should I give a recorded statement to the insurance company?

No. Insurance adjusters and investigators who represent the at-fault party request recorded statements for one purpose: to use them later to limit your claim. If you minimize your injuries in the moment — which is easy to do in the adrenaline of the days immediately after an accident — or if you fail to mention a symptom that worsens over time, that recording will be played to a jury as evidence that your current injuries are not real or not related to the accident. The best approach is to refer all requests for statements to your attorney and say nothing to any insurance representative directly.

How do I get my car repaired and can I get a rental car?

The at-fault party’s insurance is responsible for repairing your vehicle or paying its fair market value if it is determined to be a total loss. You are also entitled to compensation for loss of use of your vehicle during the period it was inoperable. If your car is repairable, the at-fault insurer must provide a rental vehicle while repairs are being completed. In practice, getting the adverse insurance carrier to comply with these obligations often requires persistence and sometimes legal pressure. If you are having difficulty with property damage or rental coverage after an auto accident, contact our office and we will help.

Am I responsible for my own medical bills while my case is pending?

Ultimately yes, though the specific path for payment depends on the type of accident involved. Personal injury protection coverage on your own auto policy may pay medical bills regardless of fault. In slip and fall cases, the premises may carry medical payments coverage that applies. The at-fault party’s liability coverage ultimately reimburses your medical costs as part of your settlement or judgment. Travel expenses for medical treatment may also be recoverable. Call our office to discuss how your specific situation should be handled.

What should I do — and not do — after an accident?

Get medical care immediately, even if you feel fine. Write a detailed account of what happened and give it only to your attorney. Report the accident to police and your own insurance company. Photograph your injuries, vehicle damage, and any dangerous conditions that caused the accident. Keep a journal of how your injuries are affecting your daily life. Save any defective product that caused your injury along with the receipt. Collect the names, phone numbers, and addresses of all witnesses. Avoid gaps between medical appointments — insurers use long breaks in treatment to argue that later care is unrelated to the accident. Consult with a knowledgeable lawyer as soon as possible.

Do not give a recorded or written statement to any insurance company or adjuster without first speaking to your attorney. Do not negotiate directly with the other party’s insurer. Do not sign any documents — authorizations, releases, or otherwise — without your attorney reviewing them first. Research consistently shows that people represented by an attorney receive settlements significantly higher than those who attempt to handle claims on their own.

If you were injured in an accident and have questions about your rights and options, call Carabin Shaw today for a free consultation. Their attorneys have been fighting for injured people across Texas for over 30 years and are ready to put that experience to work for you.