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FAQ

Do I need a lawyer?

While you are not required to hire a lawyer to file a claim, if you do not know the legal system, you are setting yourself up for failure – either you won’t get the money you deserve or your claim with being thrown out. Hiring a lawyer will help to ensure that you obtain the financial recovery you need while also helping to protect your rights.

Is my case “big” enough for De La Garza Law Firm to take?

We are dedicated to providing quality legal counseling for victims facing all types of injuries and damages. Whether a personal injury claim or a larger product liability claim, we are equipped to assist individuals from all walks of life.

What types of claims does De La Garza Law Firm handle?

At De La Garza Law Firm, we take great pride in assisting those who need legal support with:

  • Car Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Workplace Injuries (When Workers’ Compensation is Not Provided)
  • Funeral Home Negligence
  • Cemetery Negligence
  • Premises Liability Accidents
  • Slip-and-Fall Accidents
  • Elevator Accidents
  • Escalator Accidents
  • Stairway Accidents
  • Drowning Accidents
  • Victims of Crimes on Third Party Premises

What can De La Garza Law Firm do for me?

The legal claims process can be a hassle to deal with – especially if you are dealing with other physical and financial issues. De La Garza Law Firm can do much of the heavy lifting by supporting you with:

  • Thoroughly investigating your claim.
  • Working with a team of medical professionals, investigators, accident specialists, and other legal professionals to develop the strongest claim possible.
  • Representing you in your dealings with insurance companies.
  • Tracking deadlines, answering your questions, and helping you fill out important paperwork.
  • Helping you understand your rights so that you can make the best decisions possible.
  • Taking your claim to court and successfully litigating your claim.

What damages can I recover?

Every case is unique and the financial compensation you will be able to recover will depend on a variety of factors. However, generally speaking, you may be able to secure damages including but not limited to:

  • Medical Expenses (Present and Future)
  • Property Damage
  • Pain and Suffering
  • Loss of Income and Future Earnings
  • Physical Impairment
  • Loss of Consortium
  • Disfigurement
  • Emotional Distress and Trauma
  • Loss of Quality of Life

In some instances where negligence or intentional harm was significant, you may pursue punitive damages.

Why should I file a lawsuit through a lawyer?

There are a number of reasons to seek legal counsel following an injury caused by another party. For instance, if you are seriously injured in an auto accident, you will likely need the support of medical experts, accident reconstruction experts, investigators, and other legal professionals to help you preserve your claim and enhance its value. An attorney can help you through the lengthy and complex process of developing your claim and getting the support you need.

Additionally, insurance coverage issues need to be addressed in order to successfully litigate your claim. Without the guidance and support of a quality Texas attorney, it can be difficult to secure the recovery and compensation you need to heal.

How long do I have to file a claim?

You have a limited time frame to file a claim against those who harmed you, this is known as the statute of limitations. In Texas, you have two (2) years to file a personal injury claim but may have up to fifteen (15) years to file a product liability claim.

It is important to contact an attorney as soon as you are injured to get the process started. Failing to file within the allotted time essentially forfeits your right to seek justice and compensation.

Should I settle my case with an insurance adjuster?

Unfortunately, insurance companies do not always have your best interest in mind. While you faithfully pay your insurance premium, the benefits you are owed are not always readily provided. Insurance adjusters can make it a challenge to secure what is rightfully yours by acting in bad faith.

Bad faith actions include:

  • Failing to properly investigate your claim.
  • Failing to process your claim within a reasonable amount of time.
  • Withholding benefits without viable reason.
  • Denying a claim without a justifying or providing a viable reason.
  • Failing to acknowledge receiving your claim.
  • Acting slowly to hinder your right to secure your claim.
  • Illegally canceling your insurance policy after you made a viable claim.
  • Purposely undervaluing your claim.

An experienced Texas attorney can adequately represent you in your dealings with your insurance company to ensure you get the best recovery for your financial losses, pain and suffering, and other damages you have suffered.

Should I give a recorded statement to an insurance company?

Generally, it is required that you give your insurance company a recorded statement regarding your case. However, if possible, you should hold off until you have quality legal presentation to help you answer the questions they may have.

At De La Garza Law Firm, we will work together to provide answers to your insurance company’s questions. We will then provide this information to the insurance company so there is no way for them to twist your words against you. By working as a mediator between you and your insurance company, we can best protect you and your claim.

Now, should the insurance company of the defendant ask for a recorded statement, is in your best interest to refuse to provide them any information. You are under no legal obligation to provide the other party’s insurance with information.

What information do I need to provide to my lawyer?

When you meet with your lawyer, provide them as much information and documents as possible regarding your claim. Some of the documents that you can provide include but are not limited to:

  • Medical records
  • Police reports
  • Medical receipts/bills
  • Treatment plan
  • Photos/video pertaining to the injury/incident
  • Proof of lost wages (i.e. pay stubs, bank records, business receipts, etc.)
  • Physical evidence such as torn clothing
  • Insurance information
  • Information of the other party

Will the information I share with you be confidential?

As professional attorneys, we acknowledge our duty to keep our interactions with our clients entirely confidential. Not only do we aim to comply with the rules of ethics in our field, but we also want to keep your trust by securing personal information.

How long will it take to resolve my case?

Every situation is different, thus, the amount of time it takes to resolve a claim will vary depending on a number of factors. Generally speaking, resolving a claim can take anywhere from a few weeks to months or even years in very complex cases.

Cases with severe personal injuries usually take longer as it may take time to understand the full extent of the injuries. Do not accept a settlement until the damages are known.

Will I have to testify?

We will work as diligently as possible to limit the stress placed upon you during the claims process. While many cases are settled before going in front of a courtroom, on occasion, a client may have to testify.