Insurance and Compensation FAQ

In a personal injury case in Texas, you may receive economic damages, non economic damages, and in some cases punitive damages. Economic damages cover quantifiable losses such as medical bills, future medical expenses, lost wages, reduced earning capacity, and property damage. Non economic damages compensate for subjective losses including pain and suffering, mental anguish, loss of enjoyment of life, physical impairment, and disfigurement. Punitive damages are awarded in rare cases involving willful negligence or malicious conduct and are intended to punish the defendant. Our attorneys will evaluate all categories of damages to ensure you pursue the maximum compensation available.

Uninsured motorist (UM) coverage protects you when the at fault driver has no insurance at all. Underinsured motorist (UIM) coverage applies when the at fault driver's insurance is not enough to cover your full damages. Texas insurance companies are required to offer UM/UIM coverage, but you may have opted out of it when you purchased your policy. If you carry this coverage, it can be invaluable in covering your medical bills, lost wages, and pain and suffering when the other driver cannot. We strongly recommend that all Texas drivers carry UM/UIM coverage. If you have been in an accident with an uninsured or underinsured driver, contact our firm to explore your options.

Medical liens are legal claims that healthcare providers or health insurance companies place on your personal injury settlement to recover the cost of medical treatment they provided. In Texas, hospitals, doctors, and health insurance plans may assert liens against your recovery. These liens must be satisfied from your settlement proceeds before you receive your portion. The amount of liens can significantly affect how much money you take home. An experienced attorney can review all liens on your case, negotiate reductions with lien holders, and ensure you keep as much of your settlement as possible. Our firm aggressively negotiates medical liens to maximize your net recovery.

Pain and suffering in Texas does not follow a rigid mathematical formula. Instead, it is assessed based on the severity and duration of your physical pain, the emotional and psychological impact of your injuries, the effect on your daily activities and quality of life, and any permanent limitations or disfigurement. Insurance companies sometimes use a "multiplier method" that takes your economic damages and multiplies them by a factor based on severity, but this is just a starting point for negotiations. Juries consider the full picture of how the injury has changed your life when awarding pain and suffering damages. Our attorneys will document every aspect of your suffering to build the strongest possible case for maximum compensation.

Yes, your health insurance can cover injuries from an accident, and you should use it to get the medical treatment you need right away. However, your health insurance company will likely assert a right of subrogation or reimbursement, meaning they will seek to be repaid from any settlement or verdict you receive from the at fault party. Some health plans have specific provisions about how subrogation works and what amounts they can claim. Using your health insurance can actually benefit your case by reducing the overall medical bills, which may increase your net recovery after liens are resolved. Our attorneys understand how health insurance subrogation works and will negotiate to minimize what you owe back.

A demand letter is a formal written document that your attorney sends to the insurance company outlining your injuries, the evidence of the other party's negligence, your medical treatment, and the total amount of compensation you are seeking. It serves as the opening move in settlement negotiations and establishes the value of your claim. A well crafted demand letter tells a compelling story about how the accident has affected your life and presents the evidence in the strongest possible light. The insurance company uses the demand letter to evaluate your claim and decide how much to offer in settlement. Our attorneys take great care in preparing demand letters that maximize your leverage and position your case for the best possible outcome.

Yes, insurance companies routinely monitor claimants' social media accounts and can use your posts against you. Photos showing you being active, posts about travel or events, and even innocent check ins can be taken out of context to argue that your injuries are not as severe as you claim. Insurance adjusters and defense attorneys may also look at your friends' posts and tags. It is critical to avoid posting about your accident, your injuries, your legal case, or your daily activities during your claim. We recommend tightening your privacy settings and refraining from social media activity until your case is resolved. Our attorneys will advise you on exactly how to protect yourself online.

If you accept the insurance company's first offer, you will be required to sign a release that permanently waives your right to seek any additional compensation for the accident, even if your injuries turn out to be more serious than initially thought. First offers from insurance companies are almost always significantly lower than the true value of your claim. The insurance company makes a quick offer hoping you will accept before you understand the full extent of your injuries and damages. Once you sign a release, there is no going back. Before accepting any settlement offer, consult with a personal injury attorney who can evaluate whether the offer is fair. Our firm provides free consultations to help you understand what your case is truly worth.