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FAQ(S)
How long do I have to file a personal injury claim in Texas?
In most cases, two years from the date of the injury (Tex. Civ. Prac. & Rem. Code §16.003). Some deadlines are much shorter. Claims against a city, county, or the State usually require written notice within six months, and the City of Houston can require notice in as little as 90 days. For a minor, the clock generally does not start until the child turns 18. Do not wait. Evidence disappears quickly, and a missed deadline can end your case.
What if I was partly at fault for the accident?
You can still recover as long as you were not more than 50% responsible. Texas uses a "modified comparative fault" rule (Tex. Civ. Prac. & Rem. Code ch. 33). Your recovery is reduced by your percentage of fault. If you are found 20% at fault, for example, your damages are reduced by 20%. Insurance companies often blame the injured person to pay less, which is one reason to speak with a lawyer before giving a statement.
How much does it cost to hire your firm?
Nothing up front. We handle personal injury cases on a contingency fee, so our attorney's fee is a percentage of what we recover for you. If there is no recovery, you owe no attorney's fee. For example, potential contractual language may include the following: "Case expenses such as filing fees, records, and expert costs are [advanced by the firm and repaid from any recovery / waived if there is no recovery / the client's responsibility regardless of outcome". We explain the fee agreement in writing before you sign anything.
The insurance company called me. Should I talk to them?
Be careful. You ARE NOT REQUIRED to speak with an opposing insurance company. You should report the accident to your own insurer, but you do not have to give a recorded statement to the other driver's insurance company. Their adjuster's job is to pay as little as possible, and what you say can be used to deny or reduce your claim. Do not sign releases or accept a quick settlement before you know the full extent of your injuries. Once you hire us, we handle all communication with the insurance companies.
What if the driver who hit me has no insurance or not enough?
Your own policy may cover you. Texas insurers must offer uninsured/underinsured motorist (UM/UIM) coverage and Personal Injury Protection (PIP), and you have both unless you rejected them in writing. We review your policy, the at-fault driver's policy, and any other sources of coverage, such as an employer's commercial policy.
Can I still file a claim if I am not a U.S. citizen or do not have legal status?
Yes. Your immigration status does not take away your right to be compensated for injuries someone else caused. Texas courts and insurance companies must handle your claim the same way. We understand the concerns immigrant families have, we keep your information confidential, and our firm also practices immigration law. Hablamos español.
How do I get a copy of my Texas crash report?
Texas crash reports (Form CR-3) are available through the Texas Department of Transportation's Crash Report Online Purchase System (CRIS). Reports are usually available within about 10 days of the crash. You will need information such as the date, county, and a driver's name or report number. https://cris.dot.state.tx.us/public/Purchase/app/home If you hire us, we obtain the report for you at no cost.
How much is my case worth?
It depends on the facts. Compensation in Texas can include medical bills (past and future), lost wages and earning capacity, pain and suffering, mental anguish, physical impairment, and disfigurement. In a wrongful death case, it can also include loss of companionship and support. Any lawyer who quotes a number before reviewing your medical records and the insurance coverage is guessing. We give you a realistic assessment after we review your case.
Should I see a doctor even if I feel okay?
Yes, as soon as possible. Some injuries, such as concussions, whiplash, and internal injuries, do not show symptoms right away. Prompt medical care protects your health, and it also creates a record linking your injuries to the accident. Gaps in treatment are one of the most common arguments insurers use to reduce claims.
How long will my case take?
Depending on the facts of the case, injuries, the court's docket etc., many cases resolve within several months to a few years once medical treatment is complete. Cases with serious injuries, disputed fault, or a lawsuit can take longer. We do not settle before we understand the full value of your claim, and we keep you updated at every step.
Is it normal for an attorney to ask me for a deposit on a personal injury claim/car accident?
NO. Personal injury claims are usually handled on a contingency basis at an agreed percentage of the total settlement amount. At Montes & Guevara, contingency simply means we only get paid if we get you a settlement. It is risk free!
A native South Texan, Joseph Guevara hails from Corpus Christi, Texas. He earned his bachelor’s degree in business finance from the Bauer School of Business at the University of Houston, where he was actively involved in community-focused organizations and recognized for his academic achievements. Joseph obtained his law degree from Texas Southern University’s Thurgood Marshall School of Law, where he was a member of the Hispanic Law Student Association. During law school, he gained valuable legal experience through practicums with the General Consulate of Mexico, the Bexar County District Attorney’s Office in the Special Victims’ Unit, and the Torres Law Firm in Corpus Christi, Texas.
