FAQ: Do I have a claim even if my health insurance has already paid my medical bills?
Yes, absolutely, assuming the statute of limitations has not expired (two years from the incident in Texas). If your health insurance has already paid for your medical bills when a judgment or settlement is received, you may have to use a portion of your award to pay back your health insurance company or government healthcare
Read MoreFAQ: What will I be asked in my deposition?
The lawyers at Funk and Associates will spend much time preparing you for your deposition. Worry not, you are in good hands.
Read MoreFAQ: What kind of evidence is needed in a personal injury claim?
In Texas, personal injury cases are decided by a preponderance of the evidence standard. The more evidence you have, the more likely your allegations will have credibility and weight. It is crucial that your collect evidence as soon after an injury as possible. Using your phone, take photos of the area where the injury happened,
Read MoreFAQ: Is the information I share with my attorney confidential?
Attorney-Client Privilege ensures that anything you tell your lawyer in relation to your case cannot be shared with any outside party without your expressed permission. This even includes sharing information with the court, although revealing certain information will likely be required in order to proceed with a personal injury lawsuit. In order for a conversation
Read MoreFAQ: What if I am injured by an uninsured person?
The Texas Department of Insurance (TDI) estimates that 20% of Texas drivers do not have insurance. In other words, roughly one in five car accidents are caused by an uninsured driver. These can be some of the most difficult situations from which to recover your losses. Doing so will almost certainly require the help of
Read MoreFAQ: Should I speak with the At-Fault Party’s Insurer?
No, you should not speak to the insurance company of someone who injured you or damaged your property. The insurance company represents the At-Fault Party. They are not inherently good or bad, but they do not have your best interests at heart. Lower settlements mean higher profits. If you speak to an adjuster at the
Read MoreFAQ: What is Maintenance and Cure?
Maintenance and Cure is an aspect of the Merchant Marine Act of 1920 (aka The Jones Act). It states a seaman who is injured on the job is entitled to certain benefits: Maintenance – Day-to-day living expenses (food, rent, necessary utilities, homeowner’s insurance) Cure – Medical expenses (hospital and doctor bills, medication, medical tests, medical
Read MoreFAQ: What is a Gross Recovery?
The Gross Recovery is the amount either awarded by the courts or agreed upon in a settlement. From this number, Attorney’s Fees, Attorney’s Expenses and any Medical Subrogation (reimbursement) are subtracted. The remaining amount is the Client NET Recovery. In other words, this is the amount the Plaintiff receives upon a case successfully concluding after
Read MoreFAQ: What is Actual Cause?
Actual Cause is the most simple form of causation in an incident. For instance, Car A t-bones Car B. The actions of the driver of Car A are the actual cause of the accident. A court considers proximate, or legal, cause when evaluating an accident. They must examine any series of actions and events that
Read MoreFAQ: What is the Burden of Proof?
The Burden of Proof is the legal standard required to prove a case in court. In Texas civil cases, which include personal injury lawsuits, the Burden of Proof is known as “preponderance of the evidence”. This standard requires that a jury or judge find a greater than 50% chance that the Plaintiff’s version of the
Read More
