FAQ's

Q: I've been hurt in an accident and I want to file a claim for my injuries. What's the first thing I should do?

Q: Do I need an attorney to handle my Personal Injury claim?

Q: Do I need a lawyer if the insurance company has offered to pay my medical bills?

Q: Do I need a lawyer if the insurance adjuster is friendly and cooperative?

Q: When should I hire a Personal Injury attorney?

Q: Why should I hire Steele Law instead of the attorneys I've seen on TV or heard on the radio?

Q: What should I bring with me for my free consultation with Steele Law?

Q: How soon after I am injured do I have to file a lawsuit?

Q: What happens if I wait too long to make a claim for my injuries?

Q: What can I receive if my personal injury lawsuit is successful?

Q: What are my basic legal rights if I have been involved in an auto accident?

Q: What Kinds Of Car Insurance Are Available In Texas?

Q: How Do I Survive Until I Settle My Case?

Q: Will my health insurance coverage or paid sick leave from work limit my compensation for an accident?

Q: Although I've been injured, I feel bad about making the responsible party pay me money. I do not want to hurt anyone financially. In light of this concern, should I still pursue a recovery for my injuries?

Q: How long will it take to settle my case?

Q: What are the car accident do's and don'ts?

Q: I've been hurt in an accident and I want to file a claim for my injuries. What's the first thing I should do?

A: There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, such as: 1) write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you've suffered as a result of the accident; 2) make notes of conversations that you have with people involved in the accident or the injury claim; 3) preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs; 4) locate people who witnessed the accident and who might be able to help you prove your case; 5) contact Steele Law to evaluate and pursue your claim.

Q: Do I need an attorney to handle my Personal Injury claim?

A: The insurance company representing the person(s) at fault for the accident will have a team of adjustors, investigators, and attorneys working against you. The insurance company's goal is to pay you as little as possible to settle your claim. Dina Steele of Steele Law can help ensure that you receive fair compensation for your injuries.

Q: Do I need a lawyer if the insurance company has offered to pay my medical bills?

A: While you may not need to hire a lawyer in every case, you should take advantage of the free consultations offered by Steele Law to make sure you do not lose your legal rights. Remember, the insurance company's goal is to settle with you for as little as they believe they can get away with. They have many years of experience and know how to present their settlement to you so that you think you are getting what is owed to you. In many cases, however, full compensation may include damages other than payment of medical bills, such as payment for pain and suffering, mental anguish, loss of ability to enjoy life, lost wages, and diminished earning capacity. The extent of your recovery will vary depending on the specific facts of your case. This is why early consultation with Steele Law can help you obtain the maximum recovery allowed by the law.

Q: Do I need a lawyer if the insurance adjuster is friendly and cooperative?

A: Yes. A lawyer represents you. An insurance adjuster represents the insurance company. Insurance adjusters want to settle your claim cheaply. The sole purpose of the adjuster is to pay you as little as possible, as fast as possible, before you know the full nature and extent of your personal injuries. A good adjuster will be pleasant and will try to make you comfortable so you will not recognize the need for a lawyer until it is too late. Insurance adjusters are skilled in getting accident victims to settle their claims for far less than they are worth and in some cases may even trick victims who do not have lawyers into saying or doing the wrong thing for their case.

Q: When should I hire a Personal Injury attorney?

A: You should retain a Personal Injury attorney as soon as possible. Unfortunately, after being seriously injured in an accident, you are immediately placed at a distinct legal disadvantage. While you are pre-occupied dealing with your injuries and resulting financial concerns, the party at fault in your accident has notified their insurance company. The insurance company adjustor is experienced and recognizes the necessity to immediately investigate and "process" accident sites. It is, therefore, critical to protect your legal rights by contacting Steele Law in a timely manner.

Q: Why should I hire Steele Law instead of the attorneys I've seen on TV or heard on the radio?

A: Perhaps the greatest difficulty in deciding whether or not to hire a lawyer to represent you is being able to separate all the promises, claims, and assurances that are glibly bandied about on the airwaves. There seems to be a growing public aversion to these TV and radio lawyers who advertise like used-car salesmen. You should be cautious of these high volume "legal factories" that sign you up, turn your case over to a paralegal/legal assistant, and then pressure you to accept an early and cheap settlement. Insurance companies and large corporations know which attorneys are prepared to take a case to trial and which firms are large-volume advertisers who take whatever settlement is offered. Steele Law will fight for your legal rights and work to obtain fair and full compensation for your injuries.

Q: What should I bring with me for my free consultation with Steele Law?

A: You should provide us with any documents that might be relevant to your case. Police reports, for example, may contain eyewitness information and details about the conditions surrounding auto accidents, fires, and assaults. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, your property damage, and your injury.

Q: How soon after I am injured do I have to file a lawsuit?

A: Every state has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. In Texas, most personal injuries are subject to a two year statute of limitations. However, there are important exceptions that can apply to specific cases to shorten the period of time for preserving your claim. If you miss the deadline for filing your case, your claims can be dismissed. Consequently, it is important to contact Steele Law as soon as you receive or discover an injury.

Q: What happens if I wait too long to make a claim for my injuries?

A: If you fail to properly file a lawsuit within the time set forth in the law, you will be forever barred from making a claim for compensation for your injuries. Note that your case does not have to settle within the statute of limitations. It simply must be filed within that time period.

Q: What can I receive if my personal injury lawsuit is successful?

A: If you are injured due to the fault of someone other than yourself you may be entitled to collect monetary damages from the person or company who caused your injuries. Most people or companies are covered by insurance. If the guilty party has low insurance coverage, you may be forced to collect the rest of your damages from your own underinsured policy.

When you are injured due to the fault of another, that person or their insurance company should compensate you for the following damages:

• Past and future medical expenses
• Loss of earning capacity in the past and future
• Pain and suffering in the past and future
• Mental anguish in the past and future,
• Physical incapacity or disability in the past or future
• Property damages.

An injury victim generally must collect all of his damages in one trial or settlement (including all future medical payments). If an insurance adjuster offers you a settlement, be sure you know what damages you are entitled to and how much they are offering on each type of damage, especially medical expenses you will need in the future.

Q: What are my basic legal rights if I have been involved in an auto accident?

A: Basically, you have a right to be put back in the same condition that you were in before the accident occurred. This includes your physical, mental, and economic well being, as well as the restoration of your automobile and any other personal property damaged by the carelessness or negligence of others.

You have the right:

• To have your automobile repaired to its original pre-accident condition.
• To the reasonable and equitable market replacement value of your automobile, if it is totaled.
• To have any other personal property, which had been damaged or destroyed by the accident, repaired or replaced.
• To reimbursement for the loss of use of your vehicle while your automobile is being repaired, unless your car is totaled.
• To recover any actual lost wages or loss of earning capacity that might have resulted from the automobile accident.
• To reimbursement for medical care and long term treatment or rehabilitation.
• To an equitable settlement for permanent physical impairment or disabilities which might have resulted from the automobile accident.
• To be compensated for any pain and suffering, or any consequential damages caused by the accident.
• To receive payment for your loss of the normal companionship and communication between you and members of your immediate family, which may be caused by an injury to you or the family member.
• To choose the facility to repair your automobile, and to choose which medical professionals will attend to your personal physical and mental injuries.

Q: What Kinds Of Car Insurance Are Available In Texas ?

A: There are several different types of automobile insurance for you to consider purchasing. The amount of coverage in each category that you might buy is relative to: 1) the value of your automobile, 2) the net worth of your personal assets, in cause you are liable for an accident, 3) how much protection you want for your family's injuries, and 4) how secure you need to feel.

• BODILY INJURY AND PROPERTY DAMAGE LIABILITY pays for damages that you are legally liable to pay to someone else which arise from injuries or death, or from damage to property of others. It also pays legal costs if you are sued. This coverage is mandatory in Texas . You should carry enough liability coverage to protect your family's assets.
• COMPREHENSIVE covers loss or damage to your car resulting from perils such as fire, theft, vandalism, glass breakage, explosion, etc.
• COLLISION pays for damage to your vehicle caused by impact with another automobile or object.
• UNINSURED MOTORIST AND UNDERINSURED MOTORIST. If the driver of the other motor vehicle involved in an accident is legally liable, but either has no insurance, is underinsured, or is unknown, this protection on your own insurance policy will pay you and occupants of your car for bodily injury and property damage. If you are a safe driver, the most important auto insurance to have to protect yourself and your family is uninsured/underinsured motorist coverage.
• PERSONAL INJURY PROTECTION is an important insurance protection to carry on your auto policy, especially if you do not have health and disability insurance through your employment. It is also important to have this coverage if your health plan or HMO requires large deductibles or co-payments. Personal Injury Protection, or P.I.P., covers any medical bills or up to 80% of gross lost wages related to injuries caused by a motor vehicle.

Q: How Do I Survive Until I Settle My Case?

A: The right time to settle a personal injury case is when you are 100% recovered from your injuries, or when you have given it at least six months to one year to recover and you have sufficient medical documentation to show the insurance company what the probable or likely long term affects of the injury will be. If you settle before one of these times, then you are probably settling too quick and too cheap.

The key to surviving until the right time to settle is to use the other benefits and coverages that you may have to cover your lost wages and medical expenses. If you have major medical health insurance, an HMO, active duty or military dependent benefits, CHAMPUS/TRI Care, workers comp. coverage, V.A. benefits, Medicare, Medicaid, or P.I.P. coverage, use these to cover your medical until it is time to settle. Just remember that you will likely have to repay any of these medical benefits (except the P.I.P. coverage) out of your final settlement.

If you have to be off work, you can use your company's sick leave, vacation time, personal days, temporary disability coverage, workers comp. coverage, government S.S.I. benefits, or your P.I.P. coverage so that you can pay your bills. Out of these benefits, you only would have to repay the workers comp. or government S.S.I. benefits out of your settlement.

If you will be out of work an extended period of time because of injuries to you or a family member, you can normally file with your employer under the Family Medical Leave Act to protect your job for up to 12 weeks.

If you do not have any of these benefits available, Steele Law may be able to arrange for your medical treatment to be provided on a "lien" basis. This means that you agree in writing with the medical care provider that your medical expenses will be paid out of your final settlement. These benefits or arrangements make it possible for you have time to make as complete a recovery as possible without being forced to settle early for an amount that does not fully compensate you for your losses.

Q: Will my health insurance coverage or paid sick leave from work limit my compensation for an accident?

A: Whether you paid for medical care out of your own pocket or your health insurance covered it is none of a claims adjuster's business. The same goes for whether your lost time at work was covered by sick leave or vacation pay. In fact, it is improper for an adjuster even to ask about such payments. You paid for your health insurance and earned your sick leave or vacation pay; now the insurance for the person who caused the accident has to pay.

Q: Although I've been injured, I feel bad about making the responsible party pay me money. I do not want to hurt anyone financially. In light of this concern, should I still pursue a recovery for my injuries?

A: Yes. In most instances, the person or organization that is responsible for your injuries will have insurance to cover the accident that you've had. For example, all vehicles on the road in Texas are required to have liability insurance to cover others who are hurt in car accidents. Moreover, many public businesses and even private homes have insurance to protect the owners in the event that someone is injured on their premises. Consequently, the persons or organizations at fault will often pay little or no money towards your recovery. Instead, their insurance companies will pay your recovery.

Q: How long will it take to settle my case?

A: There is no definite period of time or "rule of thumb" that determines when a case should be settled. Every case has its own unique set of practical and legal circumstances. However, we take great care to diligently manage every case to eliminate unnecessary delays. While aware of our clients understandable desire to have their claims resolved as quickly as possible, we will not recommend settlement of any case until all injuries have stabilized and all losses fully assessed.

Q: What are the car accident do's and don'ts?

A:

• Do wear your seatbelt while driving. If you are involved in an accident, make sure the accident report reflects the fact that you took this safety precaution.
• Do carry adequate automobile insurance. Not only is it mandatory in Texas , but also if you ever need to rely on its benefits, it will pay for itself many, many times over. If you are a safe driver, the most valuable coverage is the uninsured/ underinsured motorist coverage. This is the coverage that will protect you and your family if the guilty driver does not have a valid insurance policy or his policy is too small to cover all of your damages.
• Do drive defensively and cautiously. It is the best protection against disaster.
• Do stay calm if an accident ensues. Try to help the injured and gather information from drivers, passengers, and witnesses.
• Do have the presence of mind to make a diagram of the accident, as well as to take down all pertinent information from drivers, passengers, and witnesses.
• Do try to have pictures taken of the accident, or at least of damage done to your car and injury to your body. Take as many pictures as possible -- more is always better.
• Do call an ambulance or any other emergency services if necessary. Give help to injured persons.
• Do call the police to have them come out to the accident scene to make a report. Make sure you explain to them any injuries that may have ensued from the accident, even if you think they are minor at the time.
• Do cooperate with the Highway Patrol or police officers at the scene of the accident.
• Do go to a doctor to check out whether you sustained any injuries.
• Do call the insurance company to report the accident.
• Do have your automobile appraised at the best repair facility that can restore your car to its original condition.
• Do keep daily logs of your medical condition: feelings of pain and headaches, mental stress, inability to interact with loved ones, etc. Note your visits with doctors, including any out-of pocket expenses, mileage to and from the doctor's office, and the amount of time spent in therapy.
• Do keep a journal of time missed from work, lost wages, and projected future loss of earning capacity due to injury or disability from the accident.
• Do use your HMO coverage, health plan coverage, or P.I.P. coverage on your policy to pay for your medical expenses.
• Do contact STEELE LAW, P.C. before signing any releases from insurance companies.

• Do not fail to stop and trade identifications if you are involved in an accident. Penalties for "hit-and-run" driving are quite severe in Texas .
• Do not drink and drive. There are harsh penalties for drunk driving. If you are involved in an accident where the other driver was under the influence of drugs or alcohol, make sure the accident report reflects this fact.
• Do not make any voluntary statements or offer to take any field sobriety tests if stopped for driving under the influence of alcohol.
• Do not refuse to sign a traffic ticket. It is only a promise to appear in court to explain your side of the story, not an admission of guilt.
• Do not move injured persons, unless leaving them alone would cause greater danger to their health and safety.
• Do not ignore signs of pain in the neck or lower back.
• Do not confuse "negligence" in an accident with "an intentional act" by the other driver. Insurance companies are not liable for and will not reimburse drivers for deliberate intentional acts. They do pay on claims that are caused by negligence or carelessness.
• Do not neglect purchasing uninsured/underinsured motorist protection when you buy insurance. Personal Injury Protection (P.I.P.) coverage is also a very wise investment. P.I.P. will pay you and your passengers' medical bills and lost wages while you are trying to get a full recovery for your injuries from the guilty party's insurance company.
• Do not admit fault, discuss opinions, or offer information about the accident to the other driver, to his attorney, or to the insurance company.
• Do not settle your insurance claim before you are completely healed, or until you are sure that the settlement takes into account all of your likely or probable future medical needs.
• Do not short change yourself with an insurance settlement that does not take into account reimbursement for all of the components due to you, especially future medical expenses and for pain and suffering. Remember that all medical expenses paid for by your HMO, health plan, or any government agency may have to be repaid out of your final settlement.
• Do not allow insurance companies to treat your claim unfairly or expeditiously. Be vigilant concerning acts of bad faith on their part.
• Do not settle bodily injury claims with insurance companies without first consulting with Steele Law, P.C.
• Do not withhold any information from your attorney. All communications with her are privileged and confidential.
• Do not make any premature written or recorded statements or sign any releases with the insurance company until you first consult with Steele Law, P.C.