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Personal Injury FAQ – Texas & New Mexico | The Longhorn Law Firm
Personal Injury FAQ — Texas & New Mexico

Your questions, answered honestly.

122 of the most common questions injury victims ask — covering Texas law, New Mexico law, insurance companies, truck accidents, medical bills, settlements, and what happens at every stage of your case. If your question isn't here, call us. Real attorneys, real answers, no obligation.

122+
Questions Answered
12
Topic Categories
TX + NM
Licensed Both States
Licensed in TX & NM
MILLIONS+ Recovered
No Fee Unless We Win
Available 24/7
The Basics

Getting Started

10 Questions
01Should I call a lawyer after my accident?+
Yes — and the sooner the better. Evidence disappears, witnesses scatter, and insurance adjusters start contacting you immediately. An attorney can preserve evidence (surveillance footage, black box data, witness statements), handle the insurance company so you don't say something that hurts your case, and start documenting your damages properly. Free consultations cost you nothing and protect your case from day one.
02How much does it cost to hire your firm?+
Nothing upfront, ever. We work on a contingency fee — we only get paid if we win your case. Our fee comes as a percentage of the settlement or verdict. If we don't recover for you, you don't owe us anything. No retainers, no hourly bills, no surprise charges. The contingency model exists so people who can't afford lawyers can still get justice.
03What is a contingency fee?+
A contingency fee means your attorney's payment is 'contingent' on winning your case. Instead of charging you hourly, the lawyer takes an agreed-upon percentage of your recovery. If we don't win, we don't get paid. This aligns our incentives with yours — we only succeed when you do.
04How do I know if I have a case?+
Most personal injury cases require three elements: (1) someone else was negligent (failed to act with reasonable care), (2) that negligence caused your injury, and (3) you suffered real damages (medical bills, lost wages, pain and suffering, etc.). The fastest way to know: call us. The consultation is free, and we'll tell you honestly whether you have a case worth pursuing.
05Will calling you obligate me to hire your firm?+
Not at all. The initial consultation is completely free and creates no obligation. You can talk to us, get our honest assessment, and decide whether you want to move forward. If you don't, you owe nothing and we walk away as friends.
06How quickly should I act after my accident?+
Immediately, if possible. Critical evidence — surveillance footage, vehicle data, witness memories — disappears within days or weeks. Insurance companies start building defenses the day of the crash. Statutes of limitations also tick from the date of the accident (2 years in TX, 3 years in NM). The faster we get involved, the stronger your case.
07What should I do at the scene of an accident?+
(1) Call 911 and get medical attention. (2) Don't admit fault — say only what's necessary to police. (3) Photograph everything (vehicles, injuries, road, traffic signs, license plates). (4) Get contact info from witnesses. (5) Don't give recorded statements to any insurance company. (6) Get medical evaluation even if you 'feel okay' — adrenaline masks injuries. (7) Call a lawyer.
08What should I bring to my first meeting with you?+
Bring whatever you have: police/incident report, photographs, medical records, insurance policies, witness contacts, any correspondence from insurance companies, and any documentation of lost wages or expenses. Don't worry if you don't have everything — we'll help you gather it. Most importantly, just call us.
09Can I switch lawyers if I'm unhappy with my current attorney?+
Yes. You have the right to change attorneys at any time. The original attorney may have a lien for fees and costs incurred, but that's handled between the attorneys — not from your pocket. If your current attorney isn't returning calls, isn't communicating, or isn't working hard enough on your case, you can switch. We've taken over many cases from other firms.
10Will my conversation with you be confidential?+
Absolutely. Anything you discuss with us is protected by attorney-client privilege — even before you hire us. The initial consultation is fully confidential. We can't share what you tell us with anyone, including insurance companies, employers, or opposing parties.
Texas-Specific Questions

Texas Law

12 Questions
01How long do I have to file a personal injury claim in Texas?+
Texas's general statute of limitations for personal injury is 2 years from the date of the accident. Wrongful death cases also have a 2-year deadline (from date of death). Some exceptions exist: government cases may require notice within 6 months, and minors have extended deadlines. Miss the deadline and your case is gone forever. Don't wait.
02What is Texas's modified comparative fault rule (51% bar)?+
Texas uses a '51% bar' modified comparative fault rule. You can still recover damages if you're 50% or less at fault — but your recovery is reduced by your percentage. If you're 51% or more at fault, you recover nothing. Example: 30% at fault, $100K damages = $70K recovery. This is harsher than New Mexico's pure comparative fault rule.
03What if I was partly at fault in Texas?+
You can still recover — as long as you're 50% or less at fault. Insurance companies always try to push your fault percentage above 50% to eliminate your claim entirely. That's why having an aggressive attorney who fights every percentage point matters.
04Are there caps on damages in Texas personal injury cases?+
Generally, no caps on economic damages (medical bills, lost wages) or non-economic damages (pain and suffering) in standard personal injury cases. Medical malpractice cases have non-economic caps ($250K against doctors, $250K against each hospital). Government cases have caps under the Texas Tort Claims Act. Standard car, truck, slip-and-fall, and similar injury cases are not capped.
05Can I recover punitive damages in Texas?+
Yes — but only in cases involving gross negligence, malice, or fraud. Texas requires clear and convincing evidence. Punitive damages are capped at the greater of $200,000 or two times economic damages plus an amount equal to non-economic damages (up to $750,000). Drunk driving cases and intentional acts often support punitive damages.
06What is dram shop liability in Texas?+
Texas's dram shop law allows injury victims to sue bars, restaurants, and other establishments that served alcohol to obviously intoxicated patrons (or to minors) who then caused harm. This is a critical extra source of recovery in drunk-driving injury cases — bars carry significant liability insurance for exactly this reason.
07What if I'm hurt on government property in Texas?+
Cases against Texas government entities are governed by the Texas Tort Claims Act — which severely limits recovery. Caps apply ($250K per person, $500K per occurrence for state cases). Critically, you typically must give written notice within 6 months, much faster than the 2-year general statute. These cases require attorneys familiar with TTCA procedures.
08What is the Stowers doctrine in Texas?+
The Stowers doctrine requires liability insurers to accept reasonable settlement offers within policy limits when liability is clear. If they refuse and a jury later awards more than the policy limits, the insurer becomes liable for the entire amount — not just the policy maximum. We use Stowers leverage to force fair settlements in clear-liability cases.
09What if my employer doesn't have workers' compensation in Texas?+
Texas is the only state where workers' compensation insurance is optional for private employers. If your employer is a 'non-subscriber,' you can sue them directly for negligence — with major advantages: no comparative fault defense, no benefit caps, and full damages including pain and suffering. Many injured Texas workers don't realize they have a powerful negligence claim instead of being stuck with limited workers' comp benefits.
10Can I sue my employer in Texas if I'm hurt at work?+
If your employer carries workers' compensation, generally no — comp is the exclusive remedy against your direct employer. But you can sue third parties (other contractors, equipment manufacturers, drivers, property owners) for full damages. If your employer is a non-subscriber, you can sue them directly. Either way, an attorney can identify every recovery option.
11What is Texas's minimum auto insurance requirement?+
Texas requires drivers to carry minimum liability of $30,000 per person, $60,000 per accident for bodily injury, and $25,000 for property damage. These minimums are often inadequate for serious injuries. We always pull every available policy — at-fault driver's, your UM/UIM, umbrella policies, employer policies — to maximize recovery.
12What is the Texas Prompt Payment of Claims Act?+
Texas law requires insurers to acknowledge claims within 15 days, accept or deny within 15 business days of receiving needed information, and pay accepted claims within 5 business days. Violations can result in 18% interest plus reasonable attorney's fees on top of the claim. This is powerful leverage against delaying insurers.
NM-Specific Questions

New Mexico Law

12 Questions
01How long do I have to file a personal injury claim in New Mexico?+
New Mexico's general statute of limitations is 3 years from the date of injury — longer than Texas's 2-year limit. Wrongful death claims also have a 3-year limit (from death). Government cases require Tort Claims Act notice within 90 days. Minors have extended deadlines. The 3-year window gives more time, but evidence still degrades — act promptly.
02What is New Mexico's pure comparative fault rule?+
New Mexico uses pure comparative fault — one of the most plaintiff-friendly rules in the country. You can recover even if you're 90% at fault (with damages reduced by your percentage). This is dramatically more favorable than Texas's 51% bar rule. Example: 70% at fault, $100K damages = $30K recovery in NM (recoverable). Same scenario in TX = $0 (barred).
03How is New Mexico different from Texas for injury cases?+
Several major differences: (1) NM has a 3-year statute of limitations vs Texas's 2 years. (2) NM applies pure comparative fault vs Texas's 51% bar. (3) NM has higher uninsured motorist rates (~21-25% vs ~14%). (4) NM has different damage caps and government claim procedures. Many cases that would lose in Texas can win in New Mexico.
04Are there damage caps in New Mexico?+
Most personal injury cases in NM have no damage caps on economic or non-economic damages. Exceptions: NM Tort Claims Act caps damages against government entities (currently $1,050,000 maximum per occurrence). Medical malpractice claims have specific procedural requirements but not strict caps like Texas. Standard auto, premises, and product liability cases are uncapped.
05What is the New Mexico Tort Claims Act?+
The NM Tort Claims Act governs claims against state and local government entities. It requires written notice within 90 days of injury — much shorter than the general statute. It also caps recovery ($1,050,000 per occurrence for most claims, with various sub-limits). Cases against police, government drivers, public hospitals, or government property require strict procedural compliance.
06What is the minimum auto insurance requirement in New Mexico?+
NM requires minimum liability coverage of $25,000 per person, $50,000 per accident for bodily injury, and $10,000 for property damage. These minimums are inadequate for any serious injury. Given NM's high uninsured driver rates, UM/UIM coverage is critical — and we always check whether you have it.
07Why does New Mexico have such a high uninsured driver rate?+
NM consistently ranks among the highest in the U.S. for uninsured drivers — estimated at 21-25% of drivers. Multiple factors contribute: insurance affordability issues, enforcement gaps, and demographic factors. The practical result: if you're hit by an NM driver, there's roughly a 1-in-4 chance they're uninsured. UM/UIM coverage on your own policy is essential.
08Can I recover punitive damages in New Mexico?+
Yes — NM allows punitive damages in cases involving malicious, willful, reckless, or fraudulent conduct. Unlike Texas, NM does not have rigid statutory caps on punitive damages, though Due Process limits may apply. Drunk driving cases and intentional acts often support punitive damages, and NM is generally more favorable for these awards than Texas.
09What if I was hit by an uninsured driver in New Mexico?+
First, file a claim under your own uninsured motorist (UM) coverage. NM requires insurers to offer UM coverage equal to your liability limits unless you reject it in writing. UM stacks on multiple policies in NM in many situations. If you have multiple vehicles, you may have multiple UM policies available. We help maximize recovery from every available source.
10Does New Mexico recognize loss of consortium claims?+
Yes. Spouses, parents, and (in some cases) other family members can make loss of consortium claims for the loss of love, companionship, and support caused by the injury of a loved one. These are separate damages added to the injured person's case. NM's recognition of these claims is broader than many states.
11What if my accident was in NM but I live in TX (or vice versa)?+
Generally, the law of the state where the accident occurred applies to the case — so a TX resident hurt in NM may benefit from NM's more favorable rules. Jurisdiction and venue can be complex in cross-border cases, but our firm is licensed in both states and handles these matters routinely. The state of the accident usually drives the legal framework.
12Is New Mexico considered a 'good' state for injury plaintiffs?+
Generally, yes — NM is considered more plaintiff-friendly than many states. Pure comparative fault, longer statute of limitations, no general damage caps, and recognition of broad consortium claims all favor injury victims. Juries can also be more receptive than in some Texas venues. This makes NM cases worth pursuing aggressively.
Who's at Fault?

Comparative Fault & Liability

8 Questions
01What if I was partially at fault for my accident?+
You can usually still recover — but it depends on the state. Texas (51% bar): Recover only if 50% or less at fault, damages reduced by your %. New Mexico (pure comparative fault): Recover at any fault level, damages reduced by your %. Insurance companies always try to push your fault percentage up. We push back.
02How is fault determined in a personal injury case?+
Multiple sources contribute: police reports, witness statements, surveillance/dashcam footage, vehicle/property damage analysis, accident reconstruction, traffic laws, and (in some cases) expert testimony. The insurance company will reach its own conclusion — but that's not binding on a court. We build the fault case with hard evidence.
03What if multiple people contributed to the accident?+
When multiple parties are at fault, each may be assigned a percentage of responsibility. Texas and NM both allow you to recover from any liable party for the full amount, with apportionment handled between the defendants. We name everyone who may have contributed — multiple defendants often mean multiple policies and higher available coverage.
04Can I still recover if I wasn't wearing a seatbelt?+
Generally yes, with caveats. Texas allows the seatbelt defense to potentially reduce damages — but it doesn't bar recovery. New Mexico's law has historically been even more protective of injured plaintiffs. The injuries you'd have suffered regardless of seatbelt use are still fully recoverable. Don't let insurers tell you seatbelt non-use ends your case.
05What if the other driver claims I caused the accident?+
It's incredibly common — defendants frequently blame the plaintiff. The fact that the other side says it was your fault is meaningless until proven with evidence. We gather facts, witness testimony, and physical evidence to establish what really happened. Their claim is just their position; the case is decided on evidence.
06How do I prove the other party was at fault?+
Through evidence: police reports identifying violations, witness statements, traffic camera or surveillance footage, physical evidence at the scene, vehicle damage patterns, expert accident reconstruction, and the defendant's own statements. Most cases come down to documenting the negligence — speed, distraction, alcohol, traffic law violations, or failure to maintain property.
07What's the difference between negligence and recklessness?+
Negligence is the failure to exercise reasonable care — most accidents qualify. Recklessness or gross negligence is conscious disregard for known risks — drunk driving, deliberate dangerous conduct, extreme speeding. Reckless conduct opens the door to punitive damages on top of compensatory damages.
08What if I had a pre-existing condition?+
You're still entitled to full recovery for the aggravation of pre-existing conditions. The law is the 'eggshell plaintiff' rule: defendants take their victims as they find them. If your accident worsened a prior injury or condition, those worsened damages are fully compensable. Insurance companies try to blame everything on pre-existing conditions — we fight back with medical evidence.
Dealing with Insurance Companies

Insurance & Adjusters

14 Questions
01Should I talk to the other driver's insurance adjuster?+
Generally, no. The other driver's adjuster works for the insurance company — not for you. Anything you say can be used against your claim. Even casual statements like 'I'm feeling fine' can be twisted to minimize your injuries. Let your attorney handle all communication with the at-fault insurer.
02Should I give a recorded statement?+
Never give a recorded statement to the at-fault insurer without an attorney present. Adjusters are trained to ask questions designed to elicit responses that hurt your claim. Your own insurer may require a recorded statement under your policy's cooperation clause — that's different, and we'll help you navigate it.
03What if the insurance company offers me money quickly?+
Be very suspicious of fast offers. Insurers offer quick settlements before victims understand the full extent of their injuries or future costs. Once you sign a release, you can't go back for more — even if you later need surgery. Never accept a settlement without an attorney evaluating it.
04What is bad faith insurance?+
Bad faith occurs when an insurer unreasonably fails to fulfill its duties — delaying claims, denying valid claims, lowballing settlements, refusing to investigate, or failing to settle within policy limits when liability is clear. Both Texas and NM recognize bad faith claims with significant remedies (consequential damages, attorney's fees, punitive damages).
05How does my own insurance affect my claim?+
Your own insurance may provide several recovery sources: UM/UIM (when the at-fault driver has no/inadequate insurance), MedPay (covers medical bills regardless of fault), PIP (personal injury protection in some policies), and collision (vehicle damage). We pull every policy to find every available dollar.
06What is uninsured motorist (UM) coverage?+
UM coverage pays for your injuries when you're hit by a driver with no liability insurance — or in some cases, a hit-and-run driver. Texas requires insurers to offer UM coverage; you must reject it in writing. NM similarly requires it be offered. Given that ~14% of TX drivers and ~21-25% of NM drivers are uninsured, UM coverage is essential.
07What is underinsured motorist (UIM) coverage?+
UIM kicks in when the at-fault driver has liability insurance but it's insufficient to cover your damages. Example: at-fault driver has $30K minimum, your damages are $200K. UIM pays the difference (up to your policy limit). UIM is often more important than UM because most drivers carry minimum coverage that's inadequate for serious injuries.
08What is MedPay or PIP coverage?+
Medical Payments (MedPay) coverage pays your accident-related medical bills regardless of fault. PIP (Personal Injury Protection) is similar but also covers some lost wages. These are 'no-fault' coverages — meaning they pay even if you caused the accident. Most policies have $1,000-$10,000 in MedPay; PIP can be higher. We always pull these benefits.
09What if the other driver has no insurance?+
Several options: (1) Your UM coverage applies — pay claims to your own insurer. (2) Pursue the at-fault driver personally (sometimes worthwhile if they have assets). (3) Look for other liable parties — employer (if work-related), property owner, dram shop, etc. We exhaust every recovery source.
10What if the at-fault driver only has minimum coverage?+
Your UIM coverage on your own policy fills the gap up to your UIM limits. We also look for other liable parties whose insurance can contribute. In some cases, the at-fault driver has personal assets worth pursuing. We map every available coverage source to maximize your recovery.
11Will my own insurance go up if I file a claim?+
Filing a claim where you're not at fault generally should not raise your rates — that's not what your insurance is for. If your insurer raises your rates anyway, you may be entitled to switch carriers or even pursue bad faith remedies. Don't avoid filing a legitimate claim out of fear — your premiums exist precisely for this.
12Should I sign anything the insurance company sends me?+
Never sign anything without attorney review. Many 'simple' documents are actually broad releases that end your case. 'Medical authorizations' can give insurers unlimited access to records they have no right to. Even property damage settlements sometimes contain language that releases injury claims. Don't sign — call us.
13What is a release of all claims?+
A release is a contract where, in exchange for payment, you give up all future legal claims related to the incident. Once signed, you cannot reopen the case even if your injuries worsen or you discover new damages. Never sign a release without an attorney ensuring it covers what you actually agreed to.
14What if my own insurance company denies my claim?+
First-party bad faith claims (against your own insurer) are recognized in both TX and NM. Common scenarios: UM/UIM denials, MedPay underpayment, refusal to defend, unreasonable claim handling. We've sued insurance companies for mishandling their own policyholders' claims and recovered substantial bad faith damages.
Commercial Vehicle Cases

Truck Accidents

10 Questions
01Can I sue after a truck accident?+
Yes — and truck accident cases often involve multiple potentially liable parties: the driver, the trucking company, the cargo loader, the truck manufacturer, the maintenance contractor, and sometimes brokers or shippers. With multiple defendants come multiple insurance policies — meaning much higher available coverage than typical car accidents.
02How are truck accident cases different from car accident cases?+
Major differences: (1) Federal regulations apply (FMCSA rules on driver hours, training, drug testing, maintenance). (2) Multiple liable parties create complex litigation. (3) Insurance is much higher ($750K federal minimum, often $1M-$10M+). (4) Critical evidence (ECM/black box, ELD logs, dispatch records) requires immediate preservation. (5) Trucking companies have rapid-response defense teams.
03Who can be held liable in a trucking case?+
Often multiple parties: the driver (negligence), the trucking company (negligent hiring, training, supervision, vicarious liability), the cargo loader (shifting/improperly secured loads), the truck manufacturer (defective parts), the maintenance contractor, and sometimes the broker who hired an unsafe carrier.
04What is the FMCSA and why does it matter?+
The Federal Motor Carrier Safety Administration regulates interstate trucking with rules on driver qualifications, hours of service, drug/alcohol testing, vehicle maintenance, and equipment standards. FMCSA violations are powerful evidence of negligence in truck crash cases. Companies that violate these regulations can face increased liability and even punitive damages.
05What is hours-of-service regulation?+
FMCSA limits how long truckers can drive: typically 11 hours of driving within a 14-hour duty period, then a 10-hour rest break. Weekly limits also apply. Violations are recorded via Electronic Logging Devices (ELDs). Fatigued driving causes many truck crashes — and hours-of-service violations are often a key element of liability.
06What is a truck's 'black box' (ECM)?+
Commercial trucks have Electronic Control Modules (ECMs) that record speed, braking, throttle position, hours of operation, and other data — like an aircraft's black box. ECM data can prove speeding, hard braking before impact, or hours-of-service violations. Some companies overwrite this data within 30 days — we send immediate preservation letters.
07How quickly do I need to act after a truck accident?+
Immediately. Trucking companies dispatch rapid-response teams to crash scenes within hours, sometimes before victims leave the ER. Critical evidence like ECM data, ELD logs, and dispatch records can be 'lost' or overwritten in days or weeks. We send spoliation letters as soon as we're hired to lock down evidence.
08What if the truck driver was an independent contractor?+
Trucking companies often try to claim drivers are independent contractors to limit liability. Federal regulations often defeat this argument — for example, the 'statutory employee' rules and FMCSA's broad definition of motor carriers can hold companies liable regardless of contractor labels. We pierce contractor structures regularly.
09How much insurance do commercial trucks carry?+
Federal law requires minimum $750,000 in liability coverage for general freight, $1 million for some hazardous cargo, and $5 million for some bulk hazmat. Many carriers exceed minimums with $1M-$10M policies plus umbrella coverage. This is dramatically higher than personal auto minimums, making truck cases worth pursuing aggressively.
10What if a delivery truck (Amazon, FedEx, UPS) hit me?+
Major delivery companies have substantial commercial policies. Amazon, FedEx, and UPS each carry significant insurance, and their drivers (whether employees or contractors) trigger company liability when acting in the course of work. These cases often involve complex contractor structures we know how to navigate.
Medical Treatment Questions

Medical Bills & Future Care

12 Questions
01Can I recover for medical bills?+
Yes — past and future medical expenses are fully compensable in personal injury cases. This includes ER visits, hospital stays, surgeries, prescriptions, physical therapy, follow-up appointments, and projected future medical care. We work with treating doctors and (when needed) life-care planners to document every cost.
02Who pays my medical bills while my case is pending?+
Several options: (1) Your health insurance pays as normal (you reimburse from settlement). (2) MedPay/PIP coverage pays without reimbursement issues in some cases. (3) Medical liens — providers wait to be paid from your settlement. We work with a network of providers willing to treat injury victims on liens.
03What if I can't afford to see a doctor?+
Talk to us. We have a network of doctors and specialists who treat injury victims on medical liens — meaning they wait to be paid from your settlement rather than billing you upfront. Don't skip needed treatment because of cost — that hurts both your recovery and your case value.
04What is a medical lien?+
A medical lien is a healthcare provider's claim to be paid from your settlement, rather than billing you upfront. Doctors who treat injury victims often agree to liens because they know they'll be paid when the case resolves. We negotiate liens down at settlement — often saving clients tens of thousands of dollars.
05Can I recover for future medical care?+
Absolutely. Future medical expenses are a major component of serious injury cases — often the largest single category for catastrophic injuries. We work with treating physicians and (in major cases) life-care planners who calculate every projected cost: future surgeries, ongoing therapy, prescriptions, equipment, modifications, and attendant care.
06Can I recover after surgery?+
Yes — and surgery often significantly increases case value. Surgery documents the severity of your injuries, requires extensive medical records, and supports higher pain and suffering damages. Past surgeries are full damages; potential future surgeries are projected future medical expenses. Don't postpone needed surgery because of your case — get the care.
07What if I need surgery later as a result of my injuries?+
Future surgeries are recoverable — but they must be reasonably foreseeable based on medical evidence. We work with treating doctors to document the likelihood of future procedures. Even if surgery hasn't been scheduled yet, recommended future surgeries are compensable damages in your case.
08How are pain and suffering damages calculated?+
There's no formula — pain and suffering is determined based on injury severity, duration, permanence, impact on daily life, and witness/medical testimony. Insurance adjusters sometimes use multipliers (1x-5x economic damages) but juries can award much more for serious or permanent injuries. We document pain and suffering thoroughly to maximize this category.
09What if my pre-existing condition was aggravated by the accident?+
Aggravation of pre-existing conditions is fully compensable. The law applies the 'eggshell plaintiff' rule — defendants take victims as they find them. If your accident worsened a prior back, knee, or other condition, those worsened damages are recoverable. We document aggravation with medical evidence.
10Should I use my health insurance for accident-related treatment?+
Generally yes — your health insurance will pay providers (sometimes at negotiated rates lower than billed) while your case proceeds. Your insurer may have a right to reimbursement from your settlement (subrogation), but we negotiate these reimbursements down aggressively. Don't let financial obstacles prevent needed care.
11Can I recover lost wages?+
Yes — both past lost wages (work missed because of your injuries) and future lost earning capacity (income reduced by ongoing limitations). We document with pay stubs, tax returns, and (for serious cases) economist testimony projecting lifetime earning impact.
12Can my spouse make a claim for loss of consortium?+
Yes — in both Texas and New Mexico, spouses can make loss of consortium claims for the loss of love, companionship, intimate relations, and household services caused by their spouse's injury. Children may have similar claims in some circumstances. These are separate damages added to the injured person's case.
What You Can Recover

Damages & Compensation

10 Questions
01What damages can I recover in a personal injury case?+
Generally, three categories: (1) Economic damages — medical bills, lost wages, future earnings, property damage, out-of-pocket expenses. (2) Non-economic damages — pain and suffering, mental anguish, loss of enjoyment of life, disfigurement. (3) Punitive damages in cases involving recklessness or malice. Each category requires documentation we help build.
02What are economic damages?+
Economic damages are quantifiable financial losses: past and future medical bills, past and future lost wages and earning capacity, property damage, transportation costs, home modifications, attendant care costs, and any other out-of-pocket expenses caused by your injury. These are documented with receipts, bills, employment records, and expert calculations.
03What are non-economic damages?+
Non-economic damages are subjective injury harms: pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, disfigurement, scarring, loss of consortium, and similar non-financial impacts. These are often the largest damages in serious cases. They require documentation through medical records, witness testimony, and personal impact statements.
04What are punitive damages?+
Punitive damages punish especially egregious conduct — gross negligence, drunk driving, intentional acts, fraud, malice. They go beyond compensating the victim to deterring future bad conduct. TX caps punitive damages; NM does not statutorily cap them. They require clear and convincing evidence and are awarded only in qualifying cases.
05How is pain and suffering calculated?+
There's no fixed formula. Factors include: injury severity, duration of treatment, permanence, impact on daily activities, pre-injury baseline, witness testimony, and medical evidence. Insurance adjusters sometimes apply multipliers (1x-5x economic damages), but juries can award much higher amounts for serious cases. We document pain and suffering thoroughly.
06What is loss of enjoyment of life?+
Loss of enjoyment of life compensates for activities you can no longer do because of your injuries — hobbies, sports, travel, time with family, professional pursuits, intimate relationships. These are real damages even though they aren't financial losses. We document with personal testimony, witness statements, and (when relevant) photos/videos of pre-injury activities.
07Can my family member make a claim too?+
Possibly. Spouses can make loss of consortium claims for the loss of love, companionship, and services. Parents of injured minors may have claims. In wrongful death cases, statutory beneficiaries (spouses, children, parents) have their own claims. We identify every eligible family member with a claim.
08What is loss of consortium?+
Loss of consortium compensates a spouse (or in some cases, other family members) for the loss of love, companionship, support, services, and intimate relations resulting from the injured spouse's injuries. Both Texas and New Mexico recognize these claims. The damages are separate from the injured person's case — meaning they don't reduce that recovery.
09What if my injuries are permanent?+
Permanent injuries dramatically increase case value. They support significant future medical care (often life-long), future earning loss, permanent pain and suffering, and loss of enjoyment of life damages. We work with life-care planners and economists to project the full lifetime impact. Permanent injury cases routinely exceed seven figures.
10Can I recover for emotional distress without physical injury?+
Generally, you need a physical injury to recover for emotional distress in standard personal injury cases. Exceptions include intentional infliction of emotional distress, bystander recovery (witnessing harm to family members), and certain specific situations. For most cases, emotional damages accompany physical injuries — and they can be substantial.
Filing Deadlines

Timelines & Statutes

8 Questions
01What is a statute of limitations?+
A statute of limitations is the legal deadline to file your lawsuit. Miss it and your case is lost forever, regardless of how strong it is. Different cases have different limits. For personal injury: 2 years in Texas, 3 years in New Mexico. Don't wait — evidence also degrades over time.
02How long does the typical personal injury case take?+
It depends. Simple cases with clear liability may resolve in 6-12 months. Moderate cases typically take 12-24 months. Serious injury cases with extensive treatment or disputed liability often take 2-3+ years. We don't rush settlements before you reach maximum medical improvement — that costs you money.
03Why does it take so long to resolve my case?+
Several reasons: (1) You shouldn't settle until you reach maximum medical improvement. (2) Insurance companies delay to pressure cheap settlements. (3) Litigation involves court schedules, discovery, and procedural steps. (4) Negotiation takes back-and-forth. Patience usually yields significantly higher recoveries — but we never let cases drag unnecessarily.
04What happens if I miss the statute of limitations?+
Your case is over. Courts will dismiss it regardless of strength. There are limited exceptions: minors (tolled until 18), certain mental incapacity, fraudulent concealment, government claim notice requirements. But generally, missing the deadline ends your right to recover. Always act well before the deadline.
05Are there special deadlines for government cases?+
Yes — government cases have much shorter notice requirements. Texas: typically 6 months to give written notice. New Mexico Tort Claims Act: 90 days notice. These deadlines apply to claims against state agencies, cities, counties, schools, transit authorities, and other public entities. Missing the notice deadline kills the case even if the statute of limitations hasn't run.
06What about cases involving minors?+
Statutes of limitations for minors are typically tolled (paused) until they reach age of majority. Texas: tolling until 18, then 2 years to file. NM: tolling until 18, then 3 years. But evidence still degrades — and parents/guardians can (and should) pursue claims while the minor is still young. Don't wait.
07When should I file my lawsuit?+
We typically try to settle cases before filing suit — but file when (a) the insurance company won't pay fairly, (b) the statute of limitations approaches, or (c) discovery is needed to develop the case. Filing suit often increases settlement value by signaling we're serious about trial.
08How long after my case settles do I get my money?+
Typically 30-60 days after the settlement agreement is signed. The defendant's insurer issues the check, we deposit it in our trust account, pay off medical liens and case costs, deduct our fee, and disburse your net recovery — usually via check or direct deposit. We can sometimes expedite for genuine hardship.
Resolving Your Case

Settlement Process

10 Questions
01What is the typical settlement process?+
Roughly: (1) Treatment until maximum medical improvement. (2) Demand package sent to insurer with full documentation. (3) Negotiation back and forth. (4) Settlement OR (5) Lawsuit filing. (6) If filed, discovery, depositions, mediation. (7) Settlement before trial OR (8) Trial. (9) Settlement check, payoffs, disbursement to you.
02What is a demand letter?+
A demand package is a formal document we send to the at-fault insurer summarizing: liability evidence, your injuries and treatment, medical bills, lost wages, pain and suffering, and a specific settlement demand. It's the kickoff to negotiations. We prepare detailed demand packages because thorough documentation drives higher settlements.
03What is maximum medical improvement (MMI)?+
MMI is the point where your medical condition has plateaued — meaning further treatment isn't likely to improve your condition significantly. MMI is a critical milestone because it lets us calculate your full damages, including any permanent impairment. Settling before MMI usually means leaving money on the table.
04When should I settle my case?+
When the settlement offer fairly compensates you for your damages. We don't pressure clients to settle, and we won't accept offers we believe are unfair. The decision is yours — we provide our honest assessment and recommendation. Sometimes that means accepting; sometimes it means continuing to fight.
05What if I disagree with the settlement amount?+
You always have the final say. If you don't think the offer is enough, we keep negotiating or proceed with litigation. Our job is to advise — yours is to decide. If we genuinely think you should accept and you don't, we'll continue working but make sure you understand the trade-offs.
06What happens after I sign a settlement?+
Once you sign: (1) The defendant's insurer issues the settlement check (typically 30-60 days). (2) We deposit it in our trust account. (3) We pay off medical liens and case costs. (4) We deduct our contingency fee. (5) We disburse your net recovery. (6) The case is closed.
07What gets deducted from my settlement?+
Typically: (1) Medical liens (we negotiate down). (2) Health insurance subrogation if they paid your treatment (also negotiated). (3) Case costs (filing fees, expert witnesses, depositions, records). (4) Attorney's fee (contingency percentage). What remains is your net recovery. We're transparent about all deductions.
08Can I get money before my case settles?+
Sometimes. Options include: (1) MedPay/PIP from your auto policy. (2) Health insurance for medical care. (3) Pre-settlement funding (litigation loans) — these can be expensive, so we use cautiously. (4) Medical liens — providers wait for payment. We help clients manage finances during their cases.
09Will I have to pay taxes on my settlement?+
Most personal injury settlements are not taxable by federal or state government — compensation for physical injuries is excluded from income. However, exceptions exist: punitive damages are usually taxable, certain medical expense deductions can affect taxation, and interest on settlements may be taxable. We can refer you to tax professionals when needed.
10What if my case doesn't settle?+
We file suit and pursue trial. Most cases settle even after suit is filed, but we prepare every case as if it's going to trial. Insurance companies' settlement offers often increase substantially after lawsuit filing — sometimes doubling or more. We're trial-ready, which gives us leverage.
When Cases Go to Court

Lawsuits, Depositions & Trial

10 Questions
01Will my case go to trial?+
Most cases settle before trial — but we prepare every case as if it will go in front of a jury. Insurance companies and defendants know which firms actually try cases and which don't. That reputation directly affects settlement offers. If trial is the only path to fair value, we go.
02What is a deposition?+
A deposition is sworn testimony taken outside of court, usually in an attorney's office or by video. The opposing attorney asks you questions; you answer under oath. A court reporter transcribes everything. Depositions are used to lock in testimony for trial and assess your credibility. We prepare clients thoroughly for depositions.
03What happens after a deposition?+
Several things: (1) The transcript is produced for both sides. (2) Attorneys evaluate strengths and weaknesses revealed. (3) Settlement discussions may resume — often with adjusted offers. (4) Additional discovery (medical exams, more depositions) may follow. (5) Mediation or trial preparation continues. Depositions often accelerate settlement by clarifying case dynamics.
04How should I prepare for my deposition?+
We prepare you thoroughly: meeting in advance to review questions you'll likely face, your medical history, the facts of your case, and how to respond. Key rules: tell the truth, listen carefully, answer only what's asked, don't volunteer information, take time before answering. We're with you the entire deposition.
05What questions will I be asked at deposition?+
Typical topics: background (where you live, work, education), medical history (current and past), the accident facts, your injuries and treatment, your damages, your daily limitations, and follow-up on documents produced. Defense attorneys also explore credibility — looking for inconsistencies or exaggerations. We prep you for all of it.
06Can the insurance company videotape or follow me?+
Yes — insurers regularly hire private investigators to follow injury claimants and record social media looking for any evidence to dispute your claims. Assume you're being watched. Don't post on social media, don't do activities inconsistent with your claimed limitations, and don't exaggerate. We coach clients on how to handle ongoing surveillance.
07What is mediation?+
Mediation is a settlement negotiation facilitated by a neutral third party (the mediator — often a retired judge or experienced attorney). Both sides exchange positions, the mediator carries offers back and forth, and parties typically settle if they're going to. Most cases that go to mediation settle there.
08What is arbitration?+
Arbitration is private dispute resolution where a neutral arbitrator (or panel) hears evidence and decides the case, similar to a trial but without a jury and (typically) without appeal rights. Some insurance policies and contracts require arbitration. Outcomes are binding and often final. We've handled many arbitrations.
09Can I refuse to testify?+
If your case proceeds to deposition or trial, you generally cannot refuse to testify — you'd be subject to subpoena. You retain certain privileges (against self-incrimination, for example), but in your own civil case, you must participate. The good news: testifying is usually less scary than it sounds, and we prepare you thoroughly.
10How long does a trial take?+
Typical personal injury trials run 3-7 days. Complex cases (catastrophic injury, wrongful death, trucking with multiple defendants) can run 1-3 weeks. Jury selection happens first (1 day), then opening statements, plaintiff's evidence, defense's evidence, closing arguments, jury deliberation, and verdict. Most cases settle before reaching trial.
When Coverage is Inadequate

Uninsured & Underinsured Drivers

6 Questions
01What if the at-fault driver has no insurance?+
Several recovery options: (1) Your UM coverage applies — claim against your own insurer. (2) Pursue the driver personally if they have assets. (3) Look for other liable parties — employer (if work-related), property owner, dram shop, etc. (4) Other coverage sources. We exhaust every avenue to maximize recovery.
02What is the difference between UM and UIM coverage?+
Uninsured Motorist (UM) pays when the at-fault driver has no liability insurance. Underinsured Motorist (UIM) pays when the at-fault driver has insurance but not enough to cover your damages. Most states require both to be offered together. Given high uninsured rates (especially in NM), having both is critical.
03How much UM/UIM coverage should I carry?+
We generally recommend UM/UIM limits at least equal to your liability coverage — and ideally higher. The cost difference is usually small, but the protection is enormous. Given that ~14% of TX drivers and ~21-25% of NM drivers are uninsured, plus most carry only minimum coverage, robust UM/UIM is essential.
04Can I 'stack' UM coverage from multiple vehicles?+
It depends on the state and policy language. New Mexico often allows stacking — meaning you can combine UM coverage limits from multiple vehicles on the same policy or multiple policies. Texas is more restrictive. We review every policy involved to maximize available coverage.
05What if I'm hit as a pedestrian by an uninsured driver?+
Your own UM coverage typically applies even when you're not in your vehicle — including pedestrian and bicycle incidents. Many people don't realize their UM coverage extends to these situations. Check your policy or let us check it. Pedestrian hit-and-runs also commonly trigger UM coverage.
06What if my own insurance denies my UM/UIM claim?+
Your own insurer can be sued for first-party bad faith if they unreasonably deny or delay a UM/UIM claim. Texas and NM both recognize bad faith causes of action with significant remedies (consequential damages, attorney's fees, punitive damages). We've sued insurance companies for mishandling their own policyholders' claims.

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