General Questions
What should I do if I’m in an accident?
Call 911. Go to the ER. Take photos of the accident. Get the at fault drivers cell phone number, insurance information, and vehicle license plate.
What kind of evidence can help me pursue my claim?
911 calls, witness statements, photos of the accident, the police report and the body camera video of the reporting officers.
What is an average settlement for car accident that causes back and neck injuries?
It depends on your injuries. If you never go to the ER or see a doctor, you can’t prove pain and suffering. The carrier may give you $500 to just go away. Go to a doctor, get an mri or xrays, complete physical therapy as directed by your doctor, and the settlement could be $20,000, $30,000, or more if you hire the right attorney. The investigation and the medical work up determines the value of the case. Get the right attorney so your case can be a success.
Do I have a right to be reimbursed lost wages?
Yes. In order to do appropriately submit this claim, you must have a doctor state in your medical records that you are unable to work and need time off due to your injuries. If this is not in your medical records, you are unlikely to get reimbursed lost wages. Sending your recent taxes or a lost wage form to the insurance company attached with your work release will likely get you paid. We handle this for every client who makes this claim.
What should I do if I’m involved in a single car accident?
If another vehicle caused you to be in a car crash, but did not make contact with your vehicle, you may still have a case against your own insurance company. Find out if you have personal injury protection,= or medical payments and call us.
Should I go get my car from the tow yard if it had to be towed from the scene of the accident?
Yes, go as soon as possible and gather all of your personal belongings. While there, take as many pictures as possible.
How does a personal injury case work?
You only have an injury claim if you have an injury. If you don’t get medical treatment, there’s no medical documentation to prove an injury. Some people can have lost wages without getting medical treatment so there is a way to get a smaller injury settlement if you have lost wages but no medical treatment. The key is if you have medical treatment that documents your injuries, we will submit that documentation when you make a full recovery to an at fault party to get an offer. Some people need treatment for 3 weeks and others for 6 months. Some people never fully recover. We will try to get an offer 30-45 days after you end treatment. Often our clients can’t afford medical treatment so we set them up with doctors who generously agree to get paid at the end of the case. For most of Texas and Alabama, these doctors can see our client’s within 24-48 hours.
How quickly should I get an offer to settle once treatment is complete?
We have seen law firms take 4-6 months to settle after treatment is complete, and the same timeframe for those who represent themselves as well. However, our team usually needs just 30-60 days for an offer after a thorough review of the medical records. We don’t get paid until our client’s get paid so we move quickly.
If I am partly at fault for the accident, should I still file a claim?
Yes. We do not care what % anyone is at fault. This is a mechanism an insurance carrier created to make you believe you do not have a claim. Like every accident there is at least two options for settlements in Texas for any party involved. Call us and let us see if one or both still apply. This is how we see it: If you are 25% at fault and you get $30,000 is it any different if you were 0% at fault and get $30,000?
How much does it cost to hire you?
Free Consultation and Free Representation* unless we win. We work on a contingency basis meaning we take nothing upfront and ONLY get paid if we get you paid. There is no risk to you.
*For civil cases seeking financial compensation… which is most cases. If you are unsure, call us anyway. We will never charge for an initial consultation.
What should I do if I’m in an accident in a state I don’t live in?
Just like if you were in an accident in your home state, you want to call 911. Get the insurance information of the other driver, take pictures of their driver’s license and license plate, then go to a local ER.
How do I get a police report in another state?
Texas has a state-wide online police report system at https://cris.dot.state.tx.us/public/Purchase/app/home. It makes it easy to get the police report. However, some states don’t have everything online. If you are from out of town it can be hard to get these locally at the police department. We will assist you with obtaining the police report.
How long does it take to settle my case?
Every case is different and it depends, largely, on the amount and type of medical treatment needed for you to get better. Once you’ve completed medical treatment, generally, we are able to fully resolve your case within 90 days. If, for whatever reason, we are unable to resolve your case within 90 days of you completing medical treatment, we will discuss with you whether you would like to proceed forward with a law suit, what that entails, and what the time frame may look like for that.
Litigation
What happens if your injury attorney can’t work out a settlement with the insurance carrier?
If your injury attorney can’t work out a settlement with an insurance adjuster then the firm should immediately file a lawsuit against the driver as well as possibly against owner of the vehicle that caused your accident.
How long does it take for a case to get worked out once it is in litigation?
It depends. About 1/4 of cases settle within the first few weeks of filing suit. About half of litigated cases take an additional 6 months so that both sides can fully complete discovery before reaching an agreement. Lastly, for highly contested cases where liability or damages are heavily in dispute, some cases can take as long as 2 years or more to resolve.
How many cases actually go to trial in the injury field?
The latest estimate was less than 1% of cases actually go to trial.
Medical Treatment
Why are my hands and toes tingling after my car accident?
We often see this from two sources- inflammation around the spine or a compressed nerve root around the spine. Both are serious and require immediate consultation with a Medical Doctor and/or Chiropractor. Most of the time these complaints must be explored by an MRI, however only a MD or Chiropractor can make a referral for imaging.
How quickly can you get me in to see a doctor?
Tomorrow!
Should I go to the ER after an accident?
Absolutely. It is very important that you have your injuries documented after an accident as soon as possible. It is best to do this as soon as possible so that the insurance carrier cannot claim you made up your injuries.
What type pain does someone typically have after an accident?
Most of our clients suffer from neck or back pain if not both after an accident.
What symptoms would someone have for a spine injury?
The most common symptoms we see with a serious spine injury are numbness and tingling down our clients’ arms and legs. This is often referred to as radiating or shooting pain.
How do you help someone who has radiating pain?
When our clients tell us they have radiating pain, we immediately have them sent to our Medical Doctors who specialize in spine pain. In the Houston area, many of our of our clients can see a spine doctor within a few business days and within 24 hours if they also see a chiropractor.
What injury is most commonly overlooked in an accident?
Concussions, by far. Whiplash or even hitting your head on the steering wheel is common. For years concussion specialists weren’t seeing auto accident victims. Recently we have started working with great doctors that we can send our clients to if they experience headaches after a collision.
How long does someone with an injury have to start a rehab program for a head or spine injury after an accident?
In Texas you have 2 years to settle or file suit after an accident. However, when you go to settle your case you have to convince either a jury or insurance adjuster that your treatment was “reasonable”.
The concern for attorneys is that the longer you wait for medical treatment, the more likely someone judging your case will say you waited too long and the treatment was “unreasonable”.
The short answer is, do not wait more than a month. However, if you do for some reason, be sure to speak to several attorneys and get their opinion on your treatment timeline.
How long should someone stay in a rehab program?
The average is typically 3-4 months. But, if we speak to a client who is 4 months into rehab and still in pain then we will start talking about seeing an ortho specialist because it’s likely they have a more serious injury.
Do your doctors provide transportation to their clinics?
Most of them across Texas do. If necessary, we may be able to arrange for transportation to and from your medical treatment.
Why do I have headaches and numbness and tingling after an accident in my extremities?
After an accident or a fall, it is usually due to whiplash. I have handled over 100,000 insurance claims and injuries. I am not a medical doctor but time and time again our clients have these injuries. We immediately at no charge to our clients upfront, send our clients to a MD to see if a MRI is necessary. Generally, a MRI can not be ordered unless you are having radiating pain. These symptoms are signs of radiating pain. A MRI will tell the MD if you are having nerve root compression which is often the reason for the tingling sensation. If you are having this after an accident, call an attorney ASAP.
How long should you be sore after a car accident?
Some people never get better. On average, for soft tissue injuries, most people will notice significant recovery within about 6-8 weeks of treatment.
Health Insurance & Medical Bills
What should I do if I’m injured in a car accident and don’t have health insurance?
If you are injured you should always go to the doctor, even if you don’t have health insurance. Many of our clients do not have health insurance and are set up with our doctors so that they don’t have to pay up front to get treatment. We can get most clients into see a doctor within 24 hours.
Should I use my own health insurance or pay copays for medical treatment after an accident?
If you did not cause the accident, you should not have to use your own cash to fix the situation. This includes paying co-pays and deductibles. We use our network of doctors who agree to take nothing upfront and only get paid after resolution of the case so that you don’t have to pay anything out of your own pocket.
How does my ER bill get paid after an accident?
The at fault party will have to pay this after they accept responsibility. If you hire an attorney, they should be negotiating this bill for you at the end of the case.
What is a hospital lien?
When a hospital finds out you were in an accident, they have a legal right to file a lien against your insurance claim to make sure they get paid before you settle your claim.
What happens if you have a huge ER bill but the at fault party can’t afford to pay it?
This is one reason people hire an accident attorney. There are now legal protections in Texas that allow us to reduce those bills in some instances so that our clients do recover something out of a settlement.
Are my other medical bills negotiable?
Yes, every bill is negotiable and a good attorney will negotiate them down for you.
The amount of the reduction depends on the amount of the settlement in most states. However, on average we try for a 50-60% reduction and in the past, I have had debt reduced for some clients up to 90%.
Does health insurance cover car accident injuries?
Many doctors you see like your PCP will not see you if you tell them you were in an auto accident. However, you can see our doctor tomorrow at no upfront cost.
How are my medical bills paid after a settlement?
In Texas, medical bills are included in your bodily injury settlement or release from an insurance carrier. You must submit them in an itemized format to the carrier with proper insurance coding. YOU CAN NOT SEND THEM YOUR EOB FROM YOUR HEALTH INSURANCE CARRIER. You also can’t send them your ER discharge paperwork. We get all bills and records within 30 days of you ending treatment at a provider. Claimants who hire a law firm will generally get paid more and faster than when handling the claim themselves.
In most states, you are given an offer based on your pain and suffering plus medical bills owed. So, the adjusters expect you to pay your medical bills out of the settlement.
Are all medical bills required to be paid out of the settlement?
No. The only bills we are required to pay out of your case proceeds are for providers who have filed a lien or to whom we have provided a Letter of Protection. We will also have to reimburse your health insurance carrier, like Medicare or Blue Cross Blue Shield.
If someone hasn’t hired an attorney but has settled with the insurance carrier, can an attorney help still?
Yes, if your payment is being held up by liens like a large ER bill we often get hired at a reduced % and jump in and negotiate those bills.
Auto Insurance
How long do I have after my accident to file my claim?
We practice in multiple different states and the statute of limitations varies greatly to file a lawsuit. It’s best that you tell us the facts of the case so we can explain. For example, on some auto accidents in Texas your statute of limitations could be 2, 3 or even 4 years.
However, if you just want to file a claim with the insurance company that is slightly different but most carriers won’t pay you unless you are within the SOL.
How much can I sue for after an accident?
In Texas you can sue or file suit for any amount you want. However, the better question would is there a limit to an insurance settlement in the United States.
The answer is always yes. Every insurance policy, whether home, life or auto, has some type of limit or ceiling. In some states there are penalties for not giving that insurance policy limit to a victim in a timely manner.
The minimum limit for auto policies varies by state. In Texas, every auto insurance policy issued has a minimum limit of at least $30,000. In Alabama, the minimum limit is $25,000. There are many options to get more than just one policy limit settlement so it is best to speak with an attorney to discuss your options.
What is reservation of rights after an accident?
Insurance carriers claim a Reservation of Rights or “ROR” because their insured is not cooperating with them after 30 days of trying to contact them to get the facts of the accident.
For example, you get hit by a driver who is covered by Progressive. He never returns Progressive’s calls to discuss what he was driving, when, where and how the accident happened. Progressive will claim a Reservation of Rights, stating that they do not have to pay your property damage or injury claim until they speak to their insured driver.
Essentially this is a loophole in insurance law. They know they are at fault but don’t have to pay anything. This weak action by an insurance carrier can be fixed by our law firm. Give us a call and we will get the Reservation of Rights lifted.
What does it mean if your auto insurance is full coverage?
Most people think they are covered in all aspects of an accident; however, this is usually wrong. In most situations people are sold an auto insurance policy that only covers them for full coverage of property damage, not injury damages. There are two types of injury coverages everyone should have: Personal Injury Protection and Uninsured/Underinsured motorist injury coverage. In Texas, Oklahoma & Arkansas these are elective policies that you have to ask for. They aren’t that expensive and are the only way to cover you in the event of a serious injury or hit and run.
What is Personal Injury Protection or Medical Payments?
Personal Injury Protection (PIP) or Medical Payments (Medpay) are an injury policy on your own insurance every state in the Country sells either both or one of these coverages to you. Usually, it’s between $1,000 and $10,000 and will cover your accident related medical expenses. In Texas it is not mandatory to have and you must ask for it. With PIP OR MEDPAY you can collect on the coverage even if you are found at fault for the accident.
What is Uninsured/Underinsured Motorist Injury Coverage?
Uninsured/Underinsured Motorist Injury coverage is also referred to as UM or UIM coverage. These cover you in two types of situations. One is a hit and run accident or being hit by an at fault driver who doesn’t have insurance. The other is when the at fault driver doesn’t have enough insurance to cover your injury damages. Both pay for your medical damages and pain and suffering when there is not enough coverage from the at fault party. For example: You are involved in an accident and break your leg, resulting in $100,000 in medical bills and lost wages, but the at fault driver only has $50,000 in available insurance coverage. It’s remarkably difficult to recover money damages from an underinsured individual, But if you have $100,000 in UIM coverage we could then use that policy to collect a total of $150,000 instead of the $50,000. Every driver should have some type of UM/UIM Injury policy on their insurance if you can afford it. In Alabama, unless you signed a waiver specifically disclaiming UM/UIM coverage, you probably have UM/UIM coverage, even if you don’t know it.
When will the at fault insurance company accept fault?
Fault is usually accepted in one of two ways. Either the driver admits fault, which rarely happens, or a police report or witness puts their driver at fault. State regulation allows them 30 days to investigate liability, but they often take between 5 to 10 days. If they do not accept fault, we will discuss your options with you with regards to filing a law suit.
What happens if the insurance company refuses to settle?
We’ll sue them and go to battle on your behalf.
Rentals
Who pays for a rental car after the accident?
The at fault insurance carrier should pay it but that’s only when they find themselves at fault. An attorney should be able to get liability accepted within 5 days.
Are you able to get me a rental car while my car is being fixed?
Generally, yes. The insurance carriers are going to require that you have a valid driver’s license and auto insurance otherwise they will just cut a check for the “cost” of a rental. We usually can get the at fault party to put you in a rental car by day 5. If you can’t wait that long, you can pay for it yourself and get reimbursed either by us or the at fault insurance carrier. If you have rental insurance on your own auto insurance, you can pay your deductible and get into a rental within 24 hours. You will be reimbursed your deductible when the at fault insurance carrier accepts fault. Sometimes, we help with this as well.
Pain & Suffering
How is pain and suffering calculated for a settlement?
There is not a formula for pain and suffering. There are a lot of websites that will state you should get double this or triple that, but they are wrong.
The insurance company has a computer that calculates an amount. They’re also wrong.
If anyone tells you they know the value of your case, they’re wrong.
Because every case is different, the only way to know the true dollar value of your case is to have a trial and have a jury award you damages. However, not every case needs to go to trial. Many cases are similar enough that, using our experience and reviewing other similar cases, we are able to estimate what a jury would award you if the case was to go to trial.
What is a pain and suffering settlement in Texas?
A party that causes an injury to you has to pay your reasonable medical bills and compensate you for pain and suffering. Medical bills are easy to prove once you have them. Pain and suffering is a little different. Medical records recorded by doctors are the main source for attorneys to prove pain and suffering because those notes show us what is wrong and how much pain you are in.
How do claimants get paid for future pain and suffering?
This is the number one question I get on my cases. The key is a surgeon or pain management specialist needs to recommend that based on their medical expertise that you will have future pain and what treatment you will need then how much that will cost. Without this evidence, this type of claim is difficult to prove.
Ride Share Accidents
Can I sue if I was the driver in an Uber accident?
Absolutely and you could have a very large policy to take care of you from Uber or Lyft. Give us a call and we can explain.
Can I sue if I was in a passenger in an Uber accident?
Absolutely. Uber and Lyft both carry different policies in every state. Most ride sharing policies are large and a passenger has up to three different insurance sources in an accident like this. Please give us a call so we can discuss the options.
Work Injuries
What is a work injury case in Texas or Alabama?
A work injury case means that you are on the job or clocked in at work, and injured in some way.
If someone is injured on the job in Texas what are their options?
This depends on if your company buys into the Texas Workers Comp plan. If a company does not buy into the Texas Workers Comp plan, we call them “non subscribers”. In our field of law, this is a big distinction and we look into it for every caller with a work injury.
What happens if your are injured on the job and your company is not at fault?
This is actually very common, some of the largest companies in the world do not subscribe to Texas Workers Comp. If a company is a non subscriber we can file suit directly against your company if they are at fault for your injury. Then, we can help get you the medical attention you need from our own doctors.
What happens if you are injured at work but your company is not at fault?
This is another big distinction in our field of law. If this happens then you have a right to Texas Workers Comp treatment and then have an additional case to sue the at fault party for your injuries.
What happens if your company fires you after you make a workers comp claim?
This is called retaliation, and it is illegal in Texas. We see this happen on at least 25% of our work injury cases. Most employers don’t even know you can’t do this. When this happens we file a retaliation lawsuit against your employer. This is an entirely different claim from your original case.
Dog Bite Accidents
What type of dog bite cases do you work on?
The majority of dog bite cases that we get in The Woodlands area are delivery delivers like Amazon, UPS or even Door Dash. Traditionally though, dog bite cases in the area usually come from nannies, baby sitters or landscaping crews when a homeowner forgets to put a dog away.
What should someone do if they are bitten by a dog or their child is?
Immediately call 911 and make a report, seek medical treatment as soon as possible, and call JB Law Group.
How does someone get the homeowner’s policy information after a dog bite?
Unlike a car wreck where the officers make a report with insurance on there, a dog bite incident doesn’t usually come with insurance information. JB Law Group has multiple avenues to obtain home owner’s policy information that many others are unaware of.
Can you help someone get medical treatment after a dog bite?
Yes, absolutely! Sometimes the injured party is knocked to the ground pretty hard and will need therapy. Other times, injured people will need stitches, surgery, or worse. Often a MD is needed to manage wounds and even a plastic surgeon is needed to do scar revisions. JB Law Group is able to assist in arranging for any necessary medical treatment.
Apartment Complex Injuries
Can you file suit against your apartment complex if they created a situation that resulted in you being physically injured?
Yes. With the recent boom in real estate and growth in large cities, we get asked this a lot. Especially if the apartment complex knew about the issue and ignored it.
What types of accidents do you normally see with apartment complex injuries?
The most common accident is someone falling from a broken or defective stair. This can result in terrible injuries including broken legs and arms or worse.
How can I prevent an injury or protect myself legally?
If you see a defective or broken stair or stair rail, you need to make a written complaint to your apartment complex and keep a record of it. This request for a safe premise is key to all of these cases.
What if a request to fix a broken stair or leaky pipe was never made?
You probably still have a good case, but it will take further investigation to determine if the apartment complex knew or should have known they had a defective and dangerous issue.
Property Damage
How do you get a property damage settlement after an accident?
In Texas and most states, you have two settlements after an accident– Property damage and Injury settlement. The insurance carrier must accept fault after an investigation before they will fix your vehicle. If they do not accept fault, we are happy to discuss your options for filing suit to recover property damage or loss of vehicle value.
How long does it take for an insurance carrier to accept fault?
In Texas, a Police Report can take 5-7 business days to come out and assign fault. If the at fault driver doesn’t admit fault to their insurance, then you have to wait at least this long. The insurance carrier then has to make sure their driver and the car involved is on their insurance policy. Hopefully this is done while waiting for the police report.
Should I pay my collision deductible after an accident?
If you can afford it, yes. Sometimes law firms like mine will help you pay it because going through your own carrier will make the process move much quicker. You could be in a rental car as soon as 24 hours, which is a big difference.
Do you have to accept the first offer on the property damage settlement?
No, but you need to know you have limited options in this settlement. The longer you take to accept the longer it takes to get a working vehicle back and the insurance carrier knows this.
What should you do for a car seat involved in an accident, or if your phone breaks?
I have a child of my own and I can’t stress this enough:
DO NOT USE YOUR CAR SEAT AGAIN IF IT HAS EVER BEEN INVOLVED IN ANY TYPE OF AUTO ACCIDENT. YOU MUST THROW IT AWAY.
The insurance carrier has to pay for a new car seat. If the accident broke or cracked your phone, they have to pay for a new phone. You would be surprised at how many broken phones I see of my clients.