Frequently Asked Questions About the process
1. Do I have a case, and what is it worth?
This is often the most pressing question. People want to know if their injuries and the circumstances of the accident warrant a legal claim and, if so, what kind of compensation they might expect. There are several parts to a recovery i.e., medical bills, lost wages, pain and suffering.
Since every case involves different facts, circumstances and insurance companies and juries, there is no predictable way to determine what a case’s value is. Even if it was possible to predict case value, the amount of effort to achieve a particular result could unreasonably prolong the process. Remember, the value of money is based on time.
2. What are your fees, and how does payment work?
I work on a contingency fee basis, meaning I only get paid if you win your case, taking a percentage of the settlement.1 Law firms typically have a tiered system where fees increase based on the amount of effort involved.
That’s exactly why it’s important to find someone that understands the settlement process and the adjuster software that is used to evaluate claims.
3. How long will my case take to resolve?
People are often stressed and anxious after an injury and want an idea of the timeline. Cases can vary based on the complexity of the injuries and the act that caused the collision. For instance, cases involving DWI, broken bones, airbag burns, and pregnancy can be more straight forward to pursue, however there may be other facts that add complexity resulting in more timeframes and analysis.
Finally, your attorney will make sure the insurance company understands how severe your injuries are to maximize your recovery.
- Generally speaking, you will need to treat the injuries to determine how severe they are.
- Your attorney will highlight and summarize the injuries and any other claims.
- Finally, your attorney will make sure the insurance company understands how severe your injuries are to maximize your recovery.
4. What is the legal process, and what will be expected of me?
Many clients are unfamiliar with legal proceedings. It’s fair to want to understand the steps involved, from investigation and negotiation to potential litigation. You will need to provide several pieces of information to start the process. Some of this information will be used to set up things on the backend to fulfill certain legal obligations, other pieces of information will be used to anticipate and prepare for steps later down the line. Several of the initial steps will happen at the same time and concurrently. This will take time, but after that, the process will be straight forward and somewhat more predictable.
5. Have you handled cases like mine before, and what is your experience/success rate?
Clients want to be confident in their attorney’s abilities ensuring they can handle anything that comes their way. The reality is most cases are not complicated million-dollar billboard cases. Still, the regular run of the mill fender bender can cause serious injuries, even when there is a minor ding. Increasing stringent fuel efficiency standards are causing thinner, lighter cars to spread energy around the vehicle leading to more injuries in car accidents.

“To meet higher CAFE standards American manufacturers will be forced to produce more smaller, lighter and therefore less safe cars.”
-Heritage Foundation2
The attorney should understand the nuance of how the adjusters are reviewing the matters including “minor” collisions like the example above. The adjusters are not only looking at injuries, but how the injury occurred as well. If the way the accident occurred is not established early on, it could devalue the other parts of the claim, for instance lost wages, pain and suffering and mental anguish.
According to TxDOT, in 2024 there were 39,810 motor vehicle collisions in the San Antonio metro area or roughly 109 per day3. Of the total crashes, there were 171 fatalities. Statistically, crashes were highly likely to occur on Fridays. For instance, there were 6,661 crashes on Fridays in 2024 compared to only 4,517 on Sundays. Catastrophic injuries do happen, but statistically they are not the majority. The average case involves neck and back pain. It is the results of these injuries that are often valued higher when adequately documented.
The sensationalized Hollywood crash scenes that other attorneys use in their advertising don’t happen that often. I have experience with the average run of the mill accident most attorneys do not see value in.
6. Who will pay my medical bills while my case is ongoing?
This is a critical concern for many, especially if they’re out of work or facing high deductibles. You, the client determine how and when you would like to pay the medical bills. If you have limited resources, your medical bills can be deducted from the final settlement. If you have health insurance, you may use that as well. The at-fault party’s insurance will often times cover a rental vehicle.
7. Should I talk to the other driver’s insurance company?
Victims often get calls from the at-fault party’s insurance adjusters very quickly. You should get clear guidance from an attorney on whether to speak with them, what information to share or withhold, and how to avoid jeopardizing your claim. If you are represented by an attorney the answer should be “no” in most cases.
8. What evidence do I need to collect, and how should I gather it?
You should be proactive. Most people provide medical documentation from the ER or hospital, photos of the car and scene, videos and dashcam when available and witness contacts. You will get a check list with everything I need once you become a client.
9. Will I have to go to court?
The prospect of a trial can be intimidating. Luckily only about 4% of cases go to trial and even then, only about 3% make it to final judgement.4 While it is possible for the average car accident to go to trial, it is uncommon.
10. Do I need a lawyer if a car accident is my fault?
Yes! You should always consult with an attorney even if you believe the accident was your fault or someone has told you that you are responsible. The top 2 reasons are:
- You also may have coverage on your insurance policy that could help injuries, lost wages or help around the house, even if the collision was your fault.
- There may be other factors or circumstances that are not immediately obvious.
- Attorney fees do not include medical bills, case fees, court costs or any other class or category of expense. The client still remains obligated to pay for those expenses. ↩︎
- https://www.heritage.org/environment/report/auto-cafe-standards-unsafe-and-unwise-any-level ↩︎
- https://www.txdot.gov/safety/traffic-safety-campaigns/endthestreaktx.html ↩︎
- bjs.ojp.gov/content/pub/ascii/TCILC.TXT ↩︎
