HOUSTON AUTO ACCIDENT CASES

PROSECUTING YOUR AUTO ACCIDENT INJURY CLAIM

Be assured that we will make every effort to fully identify and evaluate your damages and to maximize your compensation in an expeditious manner. As this type of claim is for unliquidated damages (personal injuries), a standard contingency fee and Power of Attorney (as opposed to an hourly or flat fee billing) contract forms the attorney client relationship. The attorney is paid only upon recovery on the claim. No recovery, no attorney fees. The attorney fees paid will be a percentage of the recovery.

I would like to acquaint you with some of the procedures which normally should be followed during the processing of a personal injury case.

In our initial interview, we will record general information which you will provide concerning your case.  We will request the police accident report from which we will discover the identity of the driver of the offending vehicle and the liability insurance carrier.  With your Power of Attorney, we will notify the other party's insurance company, and the other party, of your claims and our representation.  With your Medical Authorization, we will request information from all physicians and hospitals involved in your case.  We will contact all witnesses listed on the accident report, and, in all likelihood, obtain photographs of the accident scene.  Any necessary information from employers, schools, and other persons will be requested. 

As soon as the investigation is completed, we will evaluate the case and discuss it with you. Afterwards, the usual course is to submit a settlement figure to the insurance company and begin negotiations for a settlement.

If a settlement cannot be reached to your satisfaction, we will consider the advisability of
filing a lawsuit.  If we sue, however, settlement is still possible and is very often made just before trial.  To start the suit, we would file a petition which is delivered to the other party notifying him/her of the suit as a result of the accident.  You will be referred to as the Plaintiff and the other party is referred to as the Defendant. The Defendant will take the petition to his insurance carrier, who in turn will have an attorney respond to our suit by filing what is called an Answer.

Next, both sides to the lawsuit have a right to obtain information about the case. You may be required to give a deposition, testifying under oath in the presence of the attorneys and a reporter who will record your statement or, the attorneys may submit written questions, known as Interrogatories, to be answered in writing by the opposing party within a specified number of days.  The attorneys for both sides may also use other techniques to find out all the facts.

With the case fully developed through discovery of facts, the possibility of settlement once again arises.  In fact, the great majority of cases are not tried, but settled a few days before the trial date.  The courts of Harris County and most all Texas  counties, require the parties to mediate their case before an approved mediator, who is an independent attorney or sometimes, Retired Judges. All out attempts at settling all issues of the case are made with the facilitation of the trained mediator. If your case cannot be settled for a fair amount, we will proceed to trial.  Due to the backlog of cases pending in the courts, it may take as long as two years to actually get the case heard before the judge and jury.  You can see that your patience will be required.  We will keep you informed of new developments.

Your cooperation is essential in bringing the case to a successful conclusion.  Your questions and input will be of value to an understanding and prosecution of your case.

We thank you for the opportunity to be of service to you. We believe that “Justice is Winning” ©