\

       Austin
             
                     McAllen
                         

 Personal Injury Information

Answers to Some Commonly Asked Questions
(The following is a transcript of the video presentation available HERE)

A noted attorney in Texas has written a book entitled: “Who Will Speak for the Victim?”

I am Richard Pena, owner of the Law Offices of Richard Pena, P.C. When you hire us, our job is to speak for you, the victim of an accident that was not your fault.

Our goal, in your case, is to protect your rights and to make sure there is a just resolution in the matter.

We understand that this may be a difficult time for you. But we are here to help you maneuver through the system of Insurance Companies, adjusters, defense lawyers, medical bills, and the courts.

Watch Video with Information from Richard Pena, P.C.

Las Preguntas Comunes (Espanol)

In order to be successful, we have to work as a team. We have a job to do, and you have a job to do. We promise to do our part and we ask that you do yours as well by keeping your doctors appointments, being reasonable in your monetary expectations, and following our advice – then, working as a team, we will have a better chance to be successful with your case.

Let's now talk about what you can expect, and also some of your responsibilities.

We will assign your case to an attorney and a legal assistant. We will be asking you to supply us with information. Please cooperate with any request we make as we need to gather information that will help your case. This will allow us to prepare your case and keep it moving through the system.

You will be receiving letters from our office. Please be sure that you read all of them, because they may be very important to your case.

Your Legal Assistant or Attorney may change as your case progresses. That is because, in our office, we will assign it to those who concentrate on what the needs of your case are at that time.

Now, let’s talk briefly about what you can do to help your case and some things you do not want to do, things that may hurt your case.

1. Do not speak with anyone from the other side’s Insurance Company. Should anyone contact you, give them our name. We will be happy to speak with them.

2. Keep your doctor appointments and follow the recommendations that he or she makes. Tell your doctor about all of your physical complaints.

For example, if your neck, back, and leg hurt, don’t just mention your neck and back. Include everything when talking to your doctor.

3. If you are unable to work for a period of time because of your injuries, be sure and have your employer fill out one of our Lost Wage Forms and return it to our office promptly. Also, be sure your doctor gives you an “off work” slip. Please send us a copy.

We encourage you not to miss work unless it is absolutely necessary. In the State of Texas, you will seldom recover the amount of money which will justify your missing work.

If you have any questions, feel free to talk to your legal assistant.

4. Something else that’s very important is for you to let us know the names of all the doctors and medical facilities that treat you.

It is important that we get all of your medical bills and submit these to the Insurance Company.

Before we go any further, let us talk about what to expect as far as money damages in your case. In other words, how much money is your case worth?

In most cases, no amount of money can compensate you for the inconvenience, pain and suffering you will experience because of this accident.

And, in most cases, the victim, which in this case is you, does not receive as much money as they want or feel they are entitled to.

There are many reasons for this, but it is important that you not have unrealistic expectations.

In other words, don’t get a certain figure in your mind that you think your case is worth.

Once we get all relevant information we will attach a dollar amount to your case, based on our experience. Every case is different. For example, a back surgery is worth more than a back strain. Other factors that enter into an evaluation are the geographic location of the accident, the insurance company, and, in automobile accidents, the amount of damage to your vehicle.

Please keep in mind that we are in an era of Tort Reform. What this means is that neither insurance companies or juries are awarding very much money in these cases. Also, the laws have recently changed to benefit Insurance Companies, which may also decrease the amount of money you will receive.

If you wish, you can contact your State Representative and Senator to complain about the laws that favor Insurance Companies.

At this point, you probably have some questions.

One question might be:

Who will pay for my medical bills?

Actually, you are responsible for your medical bills. We will attempt to recover all of this money from the defendant or his or her insurance company, but you should use your insurance, if you have any to initially pay these bills. This will put more money in your pocket in the end. Since the medical bills that have already been paid will not have to come out of your settlement.

Another question often asked in automobile accidents is:

What about the repairs to my car?

If you car can be repaired, the Defendant’s Insurance Company should pay for these repairs. It’s best to let the repair shop deal with the Insurance Company directly.

In many cases, the Insurance Company will pay for a rental car while your car is being repaired. You should be careful, because the entire cost of the rental is not always covered. So, when you pick up the car, make sure you understand exactly how much you have to pay each day, including the tax. I recommend that you rent the least expensive car available.

If the value of your car is less than the repair costs, the Insurance Company should write you a check for the market value of the car. Be aware that storage yards charge a daily fee for which you are responsible.

You should know that you may not come out ahead in this exchange, as your car is probably worth more to you than to the Insurance Company.

You’re probably wondering how long will all of this take and what you should expect:

Cases like this usually require a lot of patience as there are many steps that must be followed. In most cases the goal is to settle your case without the need to file a lawsuit. If we do file a lawsuit, it will take much longer to resolve your case. As they say, Patience is a virtue. That is certainly true here.

Here is the way your case is likely to proceed;

• The first step is for you to finish your medical treatment and then be released by your doctors.

• Once this is done, and after we gather all the information we need, we will in most cases send a Demand Letter to the Insurance Company.

• If we can settle the case for an acceptable amount, we will recommend this settlement to you.

• If the Insurance Company does not offer an acceptable amount we will evaluate the case and determine if a lawsuit should be filed.

You should know that going to trial is always a risk and, as I mentioned, the process takes a long time.

Be assured that we do not file lawsuits needlessly or without a considerable amount of thought.

- We will discuss the elements of trial, if and when it is necessary.

You should also be aware that your case must be settled or a lawsuit filed within two (2) years of the accident date, so it is important for us to start on your case as early as possible.

Finally, our goal is to successfully resolve your case at the earliest possible time and with as little inconvenience to you as possible. If you give us your full cooperation and work with us we will have a better chance at achieving a satisfactory result for you in your case.

Before we end, let me just go over, very quickly, the main points we want you to remember.

1. We will be working together, and the more you can help us by cooperating with what we need for you to do, the better your chance of success.

2. Please keep your doctors appointments and follow his or her recommendations

3. Do not speak with anyone associated with the other side, especially anyone from their insurance company, and

4. Do not have unrealistic money expectations. We will do our best to achieve the best possible result for you.

On behalf of everyone here at our Law Office, thank you for taking the time to view this video.