FAQ

We’ve compiled a list of frequently asked questions to help you better understand your rights and the services we offer.

FAQ

FREQUENTLY ASKED QUESTIONS

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What is an Engagement Agreement?

This is a contract that defines our relationship and sets out my legal and ethical responsibilities in representing you. It also sets my expectations for you, so that I can most effectively resolve your case.

What is the Texas Lawyer’s Creed?

This creed forms the basis of professionalism for your cases and is included as part of your Engagement Agreement.

Where do I address complaints?

You can call our office and ask to speak to the attorney directly. Alternatively, if you have concerns or complaints about the services we provide, please contact the State Bar of Texas.

When can I go to your office?

You are welcome to stop by during business hours (Monday through Friday from 8:30 am to 5:00 pm) to deliver documents, make payments, sign documents, or retrieve documents. Please note, our attorney sees clients for in-office conferences by appointment only. We cannot accommodate walk-ins at this time.

What is a retainer payment?
A retainer payment is a sum of money that goes into a firm’s trust account to cover attorney’s fees, expenses, and any costs associated with your case.
Why do I get charged a retainer payment if my case is on a flat fee?
If your case is on a flat fee, the flat fee generally only covers the attorney fee unless specifically indicated in your engagement agreement. Throughout representation, there may be other fees such as filing fees, postage, copies, etc. that will come out of your retainer. You will receive a detailed invoice for any amounts billed against your retainer. At the end of representation, if there are any funds remaining in your retainer account, they will be returned to you.
What is the non-refundable case fee?
When we decide to take a case, we may reject other cases that conflict with yours by way of parties, time commitment, or complexity. As such, the firm collects a consideration for accepting your case at the time of signing your Engagement Agreement and submitting your retainer payment to bind representation.

PERSONAL INJURY FAQ’s

What do I need to do for my injury case?
Let us handle it. You should focus on healing and returning to your norm as much as possible while letting your attorney and your case manager handle everything else. You should no longer communicate with any parties, witnesses, or insurance providers regarding this case.
Who is the first party in my injury case?
Generally, there is one-third party, but in multi-vehicle collisions, there can be more than one third party. The third-party refers to the other at-fault driver’s liability insurance provider. It is our job to go after all of the third parties who are at fault to make sure that you get the recovery you deserve.
Will making a claim make my premium rates go up?
Oftentimes clients ask us not to submit a PIP claim to the first party out of fear that their premiums will rise. There are two important things to note about this. First, reporting or submitting any type of claim is just one of several factors that can make your premium rise. If you have PIP coverage, take advantage of it. Note, removing the coverage from your policy may cause your premiums to decrease.
Can I make a claim for lost wages if my injury causes me to miss work?

If you have to miss work due to the collision, there are a couple of things you should do if you would like your wages to be recoverable. First, get a doctor’s note specifying the amount of time you must be out of work and any restrictions. Sometimes this requires a visit to your primary care physician. Second, provide us with your employer’s information. In order for us to recover any lost wages on your behalf, we need a verification from your employer regarding the dates you missed and your normal pay rate.

Will I be compensated for property damage?

As long as there is coverage, yes. There are a couple of different ways to be compensated, and we can discuss the specifics of each case to determine what would be best for you.

Should I use my health insurance for treatment related to motor vehicle collision injuries?
If you have access to in-network providers who specialize in treating injuries caused by motor vehicle collisions, it is a good idea to use your health insurance.
Should I submit photos of my vehicle?
It is well known that a photo speaks a thousand words. If you have any photos of the scene of the collision or injuries caused by the collision, please share those with us.
Will you file a lawsuit?
We try to settle most cases without the need for litigation. However, we prepare every case as if it will need to be litigated. No corners are cut. If the at fault carrier or your own carrier being unfair or unreasonable regarding settlement, we may advise you that a lawsuit needs to be filed.
We will get your approval before filing a lawsuit.
How much money will I get?
The recovery will include medical expenses (past and future), disfigurement, impairment, lost wages, loss of earning capacity, pain and suffering, medical anguish, loss of consortium, and any other damages you incur.
Why Does It Take So Long?
It is important to wait until you reach Maximum Medical Improvement (MMI) before discontinuing treatment and discussing a settlement with the at fault party’s insurance company. Not doing so, would fail to maximize the value of your case. There are some limited exceptions to this.
Who is the first party in my injury case?

This term refers to your liability insurance provider. If you do not have liability insurance, then there is no first party. The first party is important for many reasons, some of which include Personal Injury Protection (PIP) or MedPay benefits. The first party is most important when the at-fault party was not covered by any liability policy or when the at-fault party’s limits of the liability policy are too low to cover your claim.

What is PIP or Personal Injury Protection?

PIP refers to benefits provided to you by your liability insurance provider. PIP is usually issued in policy increments of $2,500.00.

Do I need to get a crash report?

Generally, we will order the Crash Report (CR-3) for you. The CR-3 refers to an official report. It contains a diagram of how the collision occurred based on the investigating officer’s assessment. It is created by the peace officer responding to the scene. It can take a couple of weeks from the date of the collision for this report to be completed and accessible. This report differs from an information exchange or a CR-2, which are executed by the individuals involved in the collision, sometimes with the help of a peace officer.

Can I recover out-of-pocket expenses?

Generally, yes. Please submit all itemized receipts you have for any item you pay for out of pocket due to your motor vehicle collision.

Will I be provided with a rental vehicle while my vehicle is being repaired?

Generally, yes. There are a couple of different options for rental vehicles, and we can discuss the specifics to determine which apply to you.

What is subrogation?
This is a term you will hear us refer to a lot throughout your case, especially if you used health insurance to cover any of your medical bills. Subrogation is the process where one insurance carrier goes after another for a reimbursement. Generally, it is your health insurance carrier going after your settlement. But it can also be your liability carrier going after the at-fault party’s carrier.
Will dash cam footage help my case?
Dash cam footage will allow us to quickly assess the strength of your case.
How long will a lawsuit take?
Every case is different, and there are many factors such as a court’s docket, discovery, and mediation, that can affect the length of a lawsuit. We will create a litigation plan for your case if a lawsuit becomes necessary. Adherence to such plan is dependent on cooperation of the party’s and the court’s availability to hear matters. Generally, litigation includes the following:

1. Research, prepare, and file the Petition with the court.

2. Defendant(s) are allowed time being served with a citation and the Petition to file an answer to the lawsuit.

3. Upon receiving an Answer to the lawsuit, your attorneys, will send written discovery questions to the Defendants, which include the following:
Discovery – Most of the information gathered for a trial takes place during Discovery. Below are the types of discovery associated with a typical auto accident:

a. Request For Disclosure – its purpose is to learn the names of expert and fact witnesses of the other party(-ies); damage amounts, and the basis for the other party(-ies)’ claims and/or defenses;

b. Request For Production – its purpose is to obtain copies of evidence and documents in the possession of the other party that will assist your attorneys in protecting you in pursuing litigation against the other party;

c. Interrogatories – its purpose is to obtain answers to questions regarding the position and knowledge of the other party(-ies);

d. Request For Admissions – its purpose is to obtain admissions as to liability and fact
issues.

e. Depositions – These are usually the most important part of discovery in any case. The at-fault party’s attorney will be permitted to ask you questions about the case, your injuries, and your character generally in front of a court report and sometimes while being video recorded. We will prepare you for the deposition and will be there to object to any objectionable questions. We also depose the defendant and any other experts or witnesses that may be involved in the case.

5. Mediation –The parties meet with an independent third party, usually an experienced lawyer or retired judge, who attempts to arrive at a mutually agreeable settlement. Many of our litigation cases reach their conclusion here.

6. If mediation is successful, then we prepare a formal Settlement Agreement, Release, Agreed Judgment, and Motion to Dismiss.

7. If mediation is unsuccessful, we go to trial. To prepare for trial we organize evidence, perform research, prepare strategies, hire experts, schedule witness testimony, prepare witnesses for trial, and prepare and file required pre-trial motions, and attend a pre-trial conference hearing.

A typical injury trial will take about 2 to 5 days and includes the submission of evidence to the Court, the testimony of fact and expert witnesses, the testimony of the parties, deliberations by the jury, and the finalization and creation of a judgment.

What should I do if I am injured in a collision?
If your car was damaged, take photos of the vehicle as soon following the collision as safe and practical. Save all medical bills, records, prescription bottles, and reports. Keep a journal of your injuries and mood. Note any normal daily activity you are not able to complete or only able to complete with significant pain. Keep track of missed days from work/school. Follow the advice of your medical providers and be sure to communicate all of your injuries to your doctor. Do not post on social media about your collision or injuries. Never sign anything without your attorney reviewing it first.
What is the Value of My Case?
There are many factors that affect the value of your case including the damage to your vehicle, pre-existing medical issues, police reports, witness statements, driving history of the involved parties, continuity of medical treatment, your final impairment rating or prognosis, etc.

PROBATE FAQS

Who has the right to probate an estate?

The person who has the right to probate an estate is usually named in the decedent’s will as the executor or executrix. If there is no will, then a court-appointed administrator will handle the probate process. The administrator is typically a close relative of the deceased person, such as a spouse or adult child, but in some cases, a non-relative or a creditor of the estate may be appointed. It’s important to note that the appointment of an executor, executrix, or administrator is subject to approval by the probate court. It does NOT happen automatically even in cases where there is a Will.

What happens if a loved one dies without a Will?

When a person dies without a Will, Texas law determines who will receive the deceased individual’s assets. Probate options when there is no Will include:

1. Small Estate Affidavit
2. Determination of Heirship
3. Independent Administration
4. Dependent Administration
5. Affidavits of Heirship

Various circumstances, including the size of the estate and the amount of debt owed by the estate, will determine which of the above is the best estate option.

If a person dies without a will in Texas, they are said to have died intestate. In this case, the distribution of the deceased person’s assets will be determined by the state’s intestacy laws, which provide a default set of rules for how property is to be distributed when there is no will.

Under Texas intestacy law, if the deceased person was married with no children or surviving parents, their spouse will inherit all of their assets. If the person was married with children or other descendants, their spouse will inherit one-third of the estate, with the remainder going to their children or other descendants. If the person was not married but had children or other descendants, the assets will be distributed to the descendants in equal shares. If the person was not married and had no children or other descendants, the assets will pass to their parents, or if their parents are deceased, to their siblings or other close relatives.

What are some important things to know about Probate court in Texas?
1. Probate is the legal process by which a deceased person’s assets are distributed to their beneficiaries or heirs. The probate court oversees this process.

2. Probate court proceedings can be complex and time-consuming, and may involve various legal procedures, including filing a will, notifying heirs and creditors, and distributing assets.

3. In Texas, the probate process is generally supervised by the county court, although some larger counties may have specialized probate courts. The court will appoint an executor or administrator to manage the probate process, unless the decedent’s will specifies otherwise.

4. One of the primary functions of the probate court is to ensure that the decedent’s assets are distributed according to their wishes or according to Texas’s intestacy laws.

5. The probate court also oversees disputes that may arise during the probate process, such as challenges to the validity of a will, claims by creditors, or disputes between beneficiaries or heirs.

6. It’s important to note that the probate process can be expensive, as court fees, attorney’s fees, and other costs may be involved. These costs can be paid from the estate before assets are distributed to beneficiaries.

7. In Texas, the probate process typically takes several months to complete, although it may take longer if there are disputes or other complications.

Can I represent myself in probate court?

Yes, you can represent yourself—but not other heirs—in probate court in Texas. However, it’s important to understand that the probate process can be complex, and there are many legal requirements that must be met in order to successfully navigate the process. If you choose to represent yourself, you will be responsible for ensuring that all necessary documents are filed correctly and on time, and that you comply with all applicable laws and court rules.

It’s also important to note that probate court can involve disputes and conflicts between family members, creditors, and other interested parties, which can be emotionally stressful and difficult to navigate on your own. In some cases, it may be in your best interest to hire an attorney who is experienced in probate law to represent you and help you navigate the process.

Ultimately, the decision of whether to represent yourself in probate court or hire an attorney will depend on the complexity of the case, your level of comfort with legal procedures, and your ability to effectively advocate for yourself in court.

How much does probate cost?
The cost of probate in Texas can vary widely depending on a number of factors, such as the size and complexity of the estate, the existence of any disputes or legal challenges, and the fees charged by the executor or attorney.

In general, the costs associated with probate in Texas can include:

1. Court fees: In Texas, there are various court fees associated with filing documents and other probate-related activities. These fees can vary depending on the county and the specific court.

2. Executor or attorney fees: The executor or administrator of the estate, as well as any attorneys involved in the probate process, are entitled to reasonable compensation for their services. The specific amount of compensation can vary depending on the complexity of the estate and the amount of work involved.

3. Appraisal fees: If the estate includes real estate, jewelry, or other valuable items, an appraisal may be required to determine their value. The cost of the appraisal can vary depending on the appraiser and the complexity of the appraisal.

4. Publication fees: In some cases, notice of the probate proceedings must be published in a local newspaper. The cost of this publication can vary depending on the newspaper and the length of the notice.

Overall, the cost of probate in Texas can range from a few thousand dollars to tens of thousands of dollars or more, depending on the specific circumstances of the case. It’s important to consult with an experienced probate attorney to get a more accurate estimate of the costs associated with your particular situation.

IMMIGRATION FAQS

How long will my case take?

After you meet with us and after we review the facts specific to your case, we can typically generate an estimated range of time in which your case will be decided. Additionally, you will receive electronic updates from our office and from U.S. Citizenship and Immigration Services if you opt in. You can check your case status here [https://egov.uscis.gov/casestatus/landing.do] and you can check processing times for specific forms and locations here [https://egov.uscis.gov/processing-times/].

How much will my case cost?
We maintain competitive and fair pricing. Most immigration matters are handled on a flat fee basis. While a general range can be provided to you prior to scheduling a consultation, we finalize pricing only after an initial consultation and completion of your intake forms.
Is there a way to speed up my case?
n March 2022, U.S. Citizenship and Immigration Services implemented a plan to decide certain types of cases with a prescribed time period (not to exceed 6 months) by the end of the 2023 fiscal year. Cases filed prior to March 2022 may take several months to catch up to newly prescribed processing times. While it is possible to expedite very limited type of cases, we can discuss the benefits and drawbacks to doing so prior to you making a decision if your case qualifies.
Can I represent myself in probate court?

Yes, you can represent yourself—but not other heirs—in probate court in Texas. However, it’s important to understand that the probate process can be complex, and there are many legal requirements that must be met in order to successfully navigate the process. If you choose to represent yourself, you will be responsible for ensuring that all necessary documents are filed correctly and on time, and that you comply with all applicable laws and court rules.

It’s also important to note that probate court can involve disputes and conflicts between family members, creditors, and other interested parties, which can be emotionally stressful and difficult to navigate on your own. In some cases, it may be in your best interest to hire an attorney who is experienced in probate law to represent you and help you navigate the process.

Ultimately, the decision of whether to represent yourself in probate court or hire an attorney will depend on the complexity of the case, your level of comfort with legal procedures, and your ability to effectively advocate for yourself in court.

Can I stay in the U.S. while my case processes?
Generally, while your case is processing, if you are already in the U.S., you can remain in the U.S. Do not leave the U.S. without first speaking to your attorney and do not leave without being in possession of a travel authorization from U.S. Citizenship and Immigration Services. If you are unsure if you have a travel authorization, please ask us. Do not make travel plans until you have a travel authorization. If you must travel emergently, please contact us to address this.
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