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FAQ 2018-02-05T17:18:41+00:00

Personal Injury
Frequently Asked Questions

An injured party or relative or close friend of an injured party should contact an attorney as soon after an accident as possible if you believe that another party may be at fault for the accident.

This is necessary in order to counsel the injured party as to his rights and how to acquire adequate compensation for his injuries and any other damages, and to preserve any evidence and to investigate the case.

One should keep in mind that the Statute of Limitation in Texas varies for certain types of accidents. For instance, in Texas, an auto accident involving a third party is generally governed by the 2-year Statute of Limitation. This means a lawsuit must be on file and the offending party served with the lawsuit no later than two years from the date of your accident or the case must have been completely resolved by that date.

There are certain exceptions to this general rule that may shorten or lengthen the period depending on the facts. If you miss that 2 year deadline, your right to compensation may be forever lost. In some cases and in some states, the Statute of Limitation or Statute of Repose may be shorter and in some cases it is longer.

There are certain Statutes of Repose which may also affect some claims such as injuries caused by older products. When in doubt, contact an attorney of your choosing as soon as possible.

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This is a very difficult question for a personal injury attorney to answer without having all of the information available. Determining the worth of a personal injury claim depends upon how seriously you are injured, the specific facts of the case and the insurance limits that may be available. Every case has three elements that an experienced personal injury attorney analyzes to determine what they feel the true value of a claim may be.

Those areas are:

1. Liability
2. Damages
3. Insurance.

Determining the case’s value is something that is learned over many years of practice as an attorney handling personal injury claims. There is no golden formula to determine the value. Based on our many years of experience with Texas personal injury cases, we may be able to estimate the range of the value of your case after we have reviewed all medical records and important evidence that may be admitted into the trial of the case.

Generally, some important factors include:

  • Your doctor’s testimony regarding your injuries;
  • The facts surrounding the accident- responsibility for the accident;
  • Disability or inability to work;
  • Whether or not punitive damages may be appropriate

Other factors that may be relevant in determining the range of the value of a case include the amount of your medical expenses, the specific doctors who treated the victims and the claims history of the plaintiff.

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The answer is possibly and we are sure the insurance companies would just love it, but it is almost never a good idea to do so and we would strongly advise against this.  What happens in the first few hours, days and weeks after your accident and it is critical you take the correct steps to protect your rights.  This is where having an experienced personal injury lawyer to guide you can be important.

There is a reason why the insurance company does not want you to hire an attorney and it is not because they’re looking out for your interests. Insurance companies do not want you to retain an attorney especially in very serious injury cases and cases with substantial liability insurance because they don’t want to pay would be fair justice in the case.

Your first clue that you need a personal injury attorney is when you hear the words you don’t need an attorney for this or we accept responsibility.

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This is the first question that many people ask after being injured in an accident. Getting hurt is not enough to have a case.

The personal injury case is much like a stool, it must have three strong legs to stand. In a personal injury context those legs are, liability, damages and ability to pay. All three are necessary for a satisfactory civil result from an accident.

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Every case is different and involves different issues. As such, some cases are resolved in very little time depending on the parties, the events surrounding the accident, and the adjusters and/or attorneys involved.

An exact time frame cannot be given although once you contact an attorney, he or she will be able to tell you the process and procedures involved in making a claim against another party and the approximate amount of time it would take to litigate such a claim based on the information you give to the attorney and his investigation of the case.

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At Maida Law Firm, we operate on a contingency basis which means there is never an upfront fee. Once the case is evaluated and given merit by the firm, the client is asked to sign a retainer agreement, giving the attorney authority to pursue the matter against the at-fault parties on behalf of the client. In that document, the injured party agrees to pay the attorney a percentage of whatever recovery is made. In that document, the injured party also agrees to reimburse, from the settlement, any expenses the attorney may have incurred for things such as court filing fees, investigator, medical records, expert fees, reconstruction costs, etc.

At no time is a client asked to pay these expenses up front. Also, if the case does not result in a settlement or verdict, no fee or reimbursement of expenses is require.

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Call an experienced attorney as soon as possible after an accident.

Do not delay as the longer you wait the harder you make it on the attorney.

Cooperate and be completely honest with your attorney and his staff. All conversations are confidential and subject to the attorney-client privilege and cannot be divulged to any outside party.

Do not speak with insurance adjusters or anyone else who might contact you without your attorney’s permission.

Follow your doctor’s instructions to help ensure a complete recovery and proper healing of your injuries.

Do not sign any documents without reading and understanding them. When in doubt consult an attorney.

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The more serious the damages the more important it is to hire an attorney as early as possible after an accident.

Very serious injury claims or wrongful death cases an early investigation can be very beneficial to documenting the facts of the accident. Additionally, retaining an attorney will also keep you from making the mistake of giving a written or recorded statement to an adverse insurance adjuster or making a mistake on how you handle your claim.

The insurance adjuster that is contacting you has gone to lengthy training to learn how to handle a claim to pay the least amount possible for his or her employer – the insurance company.

Unless you are an attorney or experienced in claims handling processes, you are at a big disadvantage to an insurance adjuster.

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Step 1: Call Maida Law Firm ASAP!  As soon after an accident as possible to determine whether the case can be settled for full compensation prior to filing a lawsuit.

If this is not possible, on cases we accept, the attorney will file the lawsuit on your behalf.

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Absolutely! If the injured party is a severely injured relative or a minor child or the child or close relative or someone severely injured or killed in an accident, the law allows certain relatives or guardians to proceed and litigate a matter on behalf of such an incapacitated person.

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Signs of brain injury are sometime difficult to recognize. Generally, some signs of mild brain injury or a concussion can be memory loss, loss of consciousness at the scene, dizziness, or headache.

Inform your doctor whenever you have any symptoms you think may be related to a head injury. Communication with your medical providers is an important first step to getting your life back on track after an accident.

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Trucking Accident
Frequently Asked Questions

Truck accident claims are different from passenger car accidents for many reasons.

One of the biggest reasons is that 18-wheelers are required to carry commercial insurance policies with large liability limits. Another reason is that Texas juries have not been very understanding when a professional trucker breaks the rules and endangers our community.

Maida Law Firm we are very proud of our track record in truck wreck cases for personal injuries.

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Truck accidents usually involve much more serious injury and often wrongful death claims.

Additionally, trucking companies and professional truck drivers are subject to specific rules that establish a standard of care is different from that of a typical automobile driver.

It is imperative that the attorney you choose for a truck accident the experience and truck accident litigation.

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Yes, but that does not mean that you want to hire just any personal injury attorney to prosecute a truck accident claim.

This is particularly true with a very serious injury or wrongful death. Most motor carriers are covered by a small number of insurance companies who keep records on the attorneys they deal with and those who know how to handle a truck accident claim from start to finish.

Who you hire can have a big impact on your bottom line in the case.

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Our law firm maintains a quick response team, which is a team that is put together to quickly investigate a very serious truck accident.

The team includes accident reconstruction experts, attorneys and investigators.

The trucking company and truck driver will have their own quick response team and victims of truck wreck should not be put at a disadvantage by hiring just anyone.

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While the elements of damages that are submitted to a jury for an 18 wheeler accident are the same for another type of personal injury case, the liability factors for an 18 wheeler wreck can enhance a recovery for a personal injury victim.

The fact that the trucking company and the professional truck driver have to comply with safety regulations can make a big difference in the outcome of the case.

18- wheeler accident attorneys and insurance companies generally value commercial vehicle accidents differently than automobile accidents Learn more about representation for 18-wheeler accident case.

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Car Accidents & DUI
Frequently Asked Questions

If you are in an accident caused by an uninsured driver, you may have a claim under your own auto insurance policy if you carried uninsured/underinsured motorist coverage.

If so, your own insurance company stands in the place of the uninsured driver and that makes you adverse to your own insurance company.
The best approach is to contact a personal injury attorney to represent you in your underinsured or uninsured motorist claim.

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Cooperation with your own insurance company may be required but we suggest you do not give any type of statement without your attorney present to prepare you for providing the statement and that your attorney is during the statement. We also suggest you do not provide a statement to an adverse insurance adjuster and never discuss your injuries or how the accident happened without first contacting an attorney.

Give us a call at Maida Law Firm 713-785-9484 for a no obligation consultation.

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You should know that the Maida Law Firm has a track record of success in fighting for maximum compensation on serious injury and wrongful death cases.

You will also want to know which attorney will actually handle the day to day activity on your case. Many law firms hand you off to an associate with little experience to work your case.

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Texas personal injury protection (PIP) is coverage that must be offered by your automobile liability insurance company.

Consumers can reject the coverage but they must do so in writing. We advise families to purchase personal injury protection if they can afford it because it provides extra protection in the way of medical bills, 80% of lost income and the value of household duties if you could not perform them – all up to the limits of your personal injury protection coverage.

Usually personal injury protection comes in the amount of $2500 but can be written for much higher limits. Importantly, personal-injury protection is payable regardless of who is at fault and should cover those who are in your vehicle as well.

There can easily be more than one personal injury protection policy that may apply in a given accident.

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Experience and success in handling serious injuries and wrongful death and the ability to obtain the highest compensation possible in personal injury and death cases.

You will also want to make sure the attorney you choose has substantial experience with the exact type of case you have. See our Testimonials page for more information on how we simply Win our cases.

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One of the most frustrating things for most personal injury victims is dealing with the adverse adjuster. They are unaccustomed to the procedure and often are mistreated by the adverse adjuster.

There are a few tips for handling your own property damage claim after car accident.

* If the accident is clear as far as who is responsible for the crash, take your vehicle to the repair shop of your choice and let them deal directly with the adverse insurance company on necessary repairs.
* Always inspect carefully the repairs before you accept your vehicle and don’t be afraid to take the vehicle back if it is not repaired your satisfaction driven off from the repair shop.
* On newer vehicles you may want to consider making a claim for diminished value as trying to sell a wrecked car will not bring the same amount as a car that has never been wrecked.

You can get an estimate from the dealer that sold you the vehicle to provide to the insurance company. Expect a major fight on this issue. If the adverse insurance company is not prepared to accept responsibility for repairs of your vehicle or is trying to stick you with the portion of the repairs, consider making a claim with your own automobile insurance company under the collision coverage and asked that your insurance company collector deductible from the adverse party.

While most people don’t want to go this route it is the preferred method to getting your car repaired or replaced quickly. On total loss claims be prepared to state your number on the value of your vehicle. You should have gone online and found comparable statistics for the fair market value of a vehicle like yours. Of course, expect the insurance company to lowball their offer based upon some criteria that may not make sense to you. If you have the backup data provided to the adjuster so you can provide a reasonable basis for the amount that you feel your car is valued out at the time of the wreck.

Additionally, you should be entitled to tax file and license fees for the value of your vehicle.

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Wrongful Death
Frequently Asked Questions

The law establishes which persons may be entitled to compensation for loss or injury.

It is always wise for any family member of a person who has been severely injured or killed in an accident to contact a wrongful death lawyer immediately after the accident to evaluate the matter and determine which family members may be entitled to compensation.

In Texas, that is generally, the spouse, parents and children of the deceased.

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It is impossible to place a monetary value on the life of a loved one. Nothing can be done to bring them back.

The law allows for certain damages for the loss of a loved one in some cases

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With the biggest elements of damages in a wrongful death case is what is called loss of companionship and society, which means the human loss of your loved one.

The jury question indicates that this loss means the positive benefits flowing from the love, comfort, companionship and society that the plaintiff would have received from the decedent. For a spouse it is easy to see the damages suffered through loss of his or her husband or wife. For a child the love and affection of a parent to the child is unquestionable.

Economic damages or pecuniary loss is covered in a separate question in a Texas wrongful death lawsuit.

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Possibly, although through “tort reform” the ability to obtain exemplary damages also known as punitive damages has been limited by law.

The types of cases where punitive damages are available usually involved very egregious conduct on the part of the defendants.

Maida Law Firm has extensive experience in bringing punitive damages claims.

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Miscellaneous
Frequently Asked Questions

Of course, tending to your injury should always be your first and main concern.

However, it is extremely important that you save the product in question. Preserving this product will enable a potential product liability case to move forward. Without the product, it is a very difficult to bring a product liability lawsuit.

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ossibly – but highly unlikely, most product manufacturers are extremely defensive of their product in that they are not defending one case but thousands or even millions of potential cases in dealing with one specific case.

Most product manufacturers fight tooth and nail to deny everything regardless of the evidence.

Often, people will notify manufacturer of a defect in the product that caused an injury and the manufacturer will want to take a statement from the victim. That statement is designed to make the victim look greedy and bad should a case later brought by an attorney.

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Almost any product can end up being unreasonably dangerous and defective. Some of the more common types of product liability claims involve products like:

  • Cars and pickup trucks involving fuel fed fires from the gas tank.
  • Construction equipment
  • Rollover accidents
  • Certain playground equipment
  • Industrial and workplace machines
  • Some safety equipment
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To file a complaint against an insurance company in the state of Texas go to: http://www.tdi.texas.gov/index.html.

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Maida Law Firm
Frequently Asked Questions

Yes, give us a call for more information.

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We are very selective in the cases that we agree to handle to provide the best possible service to our clients. By limiting the number of cases that we handle, we can provide the time attention and resources required to maximize compensation for our client.

Accordingly, our practice is limited to cases involving Plaintiff Personal Injury or a family who has lost a loved one. We have gained a reputation for handling trucking accidents, car and drunk driving crashes and other serious injury and wrongful death matters.

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No, all of the cases that we accept are upon a contingency fee arrangement.

You do not have to pay us money up front. If and only if we recover money for you in settlement or trial will we charge a fee and that fee comes out of the case.

Necessary out-of-pocket expenses are paid by the law firm and reimbursed out of the client’s share of settlement proceeds.

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Yes and all of the cases that we accept are upon a contingency fee arrangement. You do not have to pay us money up front. If and only if we recover money for you in settlement or trial will we charge a fee and that fee comes out of the case.

Necessary out-of-pocket expenses are paid by the law firm and reimbursed out of the client’s share of settlement proceeds.

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