WHAT DEFINES THE BEST ACCIDENT LAWYER IN FRISCO?
What distinguishes an attorney or firm as top-rated or the best? We firmly assert that it’s the outcomes they deliver. According to data from TopVerdict.com, Mullen & Mullen has secured an impressive 44 placements on the “Texas Top 50 Personal Injury Settlements” list in the past four years, and 70 placements in the “Top 100.” This compelling track record unequivocally establishes our position among the very finest in our field.
In fact, in the year 2021, we achieved an astounding 19 placements in Texas’s prestigious “Top 50” settlements, each related to motor vehicle accidents. Among these accomplishments, one of our cases ranked within the Top 10, eight cases were featured in the Top 11-20 category, and ten cases earned places in the Top 21-50 list. These remarkable achievements affirm our unwavering confidence that if you’re injured in an accident, we possess the capability to secure you a superior outcome. Moreover, we take pride in offering one of the most competitive contingency fee structures available.
OUR ACCIDENT CASE RESULTS SPEAK VOLUMES
(GROSS SETTLEMENTS BEFORE FEES & EXPENSES)
We have achieved numerous multimillion-dollar settlements across all practice areas, but we are restricted from displaying some very large results due to settlement confidentiality. Here are a few recent results without confidentiality agreements:
- $4,000,000.00 Wrongful death involving auto accident
- $2,978,104.95 Motor vehicle accident
- $2,550,000.00 Motor vehicle accident
- $2,550,000.00 Client needed surgery after an automobile collision
- $2,024,050.73 Client hit by a drunk driver and sustained a TBI and multiple broken bones
- $1.3 million Client hit by commercial driver who sustained a TBI
- $1 million Client hit by inattentive commercial driver
- $1 million Client hit by negligent commercial motorist
- $978,569.77 Client hit by commercial driver
- $996,292.00 Client hit by truck driver
- $960,576.60 Commercial driver hit by another commercial driver
- $954,543.87 Commercial driver hit by another commercial driver
- $925,000.00 Client hit by a distracted driver
- $845,000.00 Client hit by truck driver
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MORE REASONS TO CHOOSE MULLEN & MULLEN
Expertise And Experience
With a presence in Frisco spanning over four decades, our firm boasts a collective experience of 95 years among our three dedicated attorneys. Mullen & Mullen has successfully secured over $750 million in settlements for our clients right here in North Texas. Our track record is exemplified by our triumphs in a wide range of accident claims, including 19 of the “Top 50” motor vehicle accident settlements in Texas in 2021. We’ve earned recognition in renowned publications like Newsweek and Forbes. Rest assured, our expertise is your shield in crafting a robust case that safeguards your rights.
Resist the urge to settle hastily when the insurance company contacts you post-accident. You haven’t undergone diagnostic testing, and the extent of necessary medical care remains uncertain. While you may feel fine initially, that might not be the case down the road. Accepting a quick settlement could fall far short of covering future healthcare expenses, especially if your injuries prove to be serious and permanent. Such settlements might not adequately compensate you for pain and suffering, physical impairment, mental anguish, and other non-economic damages as stipulated by the law.
Personalized Attention
At Mullen & Mullen, our attorneys will guide you through any existing medical bills, relieving you of the burden of billers and collectors. We’ll handle interactions with insurance companies to safeguard your interests, ensuring you don’t make costly mistakes that could deprive you of thousands or even hundreds of thousands of dollars. Our approach lets you concentrate on healing from the physical and emotional aftermath of your accident, free from added stress.
Comprehensive Investigation
Mullen & Mullen takes the unique step of employing our own accident investigators, led by our senior investigator, Michael Foster. Most other firms contract these services, but we believe in the cost-effectiveness and quality control that comes from having in-house investigators. We leave no stone unturned in our pursuit of the truth, conducting meticulous analysis of accident scenes, gathering evidence, interviewing witnesses, extracting data from involved vehicles, and consulting with accident reconstruction experts. By laying a sturdy foundation for your case, our legal team aims for the most favorable outcome.
Skilled Negotiators
Insurance companies often seek to minimize payouts, leaving victims with insufficient compensation. Our adept accident lawyers excel in negotiations with insurance firms, ensuring your rights are upheld. Our reputation precedes us, and insurance companies are wary when they see our involvement, knowing we vigorously pursue fair settlements encompassing medical expenses, lost wages, property damage, pain and suffering, and other compensable damages.
Prepared For Trial
While our primary goal is to secure favorable settlements through negotiation, we won’t hesitate to recommend litigation when it’s necessary to maximize YOUR compensation. Our attorneys, along with our trusted associates, boast a proven track record of success in the courtroom. We are unwavering in our commitment to litigate your accident case and vigorously defend your rights before a judge and jury.
Client-Centric Approach
At Mullen & Mullen, your satisfaction reigns supreme. We prioritize open and transparent communication, keeping you informed about the progress of your auto accident claim and promptly addressing your questions and concerns. Our unwavering dedication is to provide you with peace of mind during this challenging period.
Areas Of Expertise
Top Choice Awards Named Us “Top Choice Injury Law Firm” Six Consecutive Years.
Hundreds Of 5-Star Reviews
Mullen & Mullen assisted my husband when he was injured in a motor vehicle collision on Main Street. They are absolutely wonderful Frisco personal injury lawyers. They assisted him in getting the medical attention he needed following the wreck. When it came time to negotiate with the insurance companies, they wouldn’t take no for an answer. Our attorneys kept the heat on until they finally had to do the right thing. I feel like a lot of firms would have given up and recommended a lawsuit right away but Mullen & Mullen attorneys are super ethical and determined. They were eventually able to help my husband get almost the full available policy limits without the stress and time associated with a lawsuit. If you need a Frisco car accident attorney these are the injury lawyers you should call. Highly recommended! -Amber Burnett
My injuries were: fractured left facial bone, fractured skull, ribs broken, lacerated liver, fractured and broken pelvis. The sacrum had separated from the pelvis and the ligaments holding the pelvis was cut in half. I underwent surgery to stabilize my injuries. This left me bed ridden and completely dependent on medical staff. After months of recovery, I am back to work and feeling grateful. Mr. Morrison from the law offices of Mullen and Mullen took the financial stress of settling the medical bills away from me. This allowed me to concentrate strictly on healing. I have always been a very private person but have shared this story to let you know you there is help. My opinion of injury attorney certainly has changed. I strongly recommend this law firm. I am very grateful that “Jesus” blessed me with a second chance at life. I am very grateful for Mullen & Mullen Law Firm. -Elvira Rivera
I was rear-ended at a stop light when I was 7 months pregnant. Shane with Mullen & Mullen got me into treatment the very next day for my injuries. I’m thankful for him and his team. They fought hard against the insurance company and made them pay the maximum policy limits. I am very thankful for Mullen & Mullen and would refer them to anyone in need of their services. Excellent firm and am grateful my friend referred me to them. -Jo Evans
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Contact Mullen & Mullen for a Free Consultation Today
If you were injured in an accident in Frisco, don’t delay seeking legal representation. Contact us today to schedule a no-obligation, free consultation. We work on a contingency fee basis, which means you don’t pay any legal fees unless we win your case. Just call us at (214) 529-3476 or use the form below now to take the first step towards recovery.
DO YOU REALLY NEED AN ATTORNEY AFTER AN ACCIDENT?
Experiencing an accident can be life-changing. It’s essential not to underestimate the importance of having legal representation. Injuries from accidents often result in substantial medical bills and time off work for recovery.
Even seemingly minor injuries like soft tissue damage or whiplash can lead to significant financial stress. You shouldn’t find yourself drowning in debt or potentially facing bankruptcy due to medical expenses.
It’s important to recognize that insurance companies prioritize their profits over your well-being. Their claims adjusters are focused on minimizing payouts, sometimes by using your words against you.
Enlisting our legal expertise levels the playing field and allows you to focus solely on your recovery. Our fee is contingent, meaning we only get paid if you receive compensation.
One major insurance company’s report reveals that claims with legal representation settle for 2-3 times more than those without. Many of our cases yield 10-15 times more.
Our role, as your legal advocates, is to represent your best interests. We help motor vehicle accident victims navigate the legal process and protect their rights.
As committed advocates, we provide:
- Assistance in obtaining loans for financial relief, if needed.
- Ensuring you receive necessary medical treatment without upfront costs.
- Offering a discounted contingent attorney fee of 29% of the gross recovery for claims that don’t require litigation, compared to the industry standard fee of 33.3%-35%.
- In-house accident investigators at no additional cost, allowing us to maximize your compensation.
Additional Services:
Investigating The Accident
Our accident investigators conduct a thorough inquiry to determine fault if necessary, gathering evidence like witness statements, police reports, and accident scene photographs to build a strong case.
Evaluating Damages
Your lawyer assesses the extent of your injuries and associated costs. We work with medical experts to understand the long-term impact and ensure you receive compensation for all losses, including medical bills, lost wages, pain and suffering, mental anguish, impairment, and other non-economic damages.
Negotiating With Insurance Companies
Our skilled negotiators go head-to-head with insurance companies to secure a fair settlement. We assist you in navigating complex insurance claims processes and ensure you receive the compensation you deserve.
Representation In Court
If required, our attorneys represent you in court to protect your legal rights. We present evidence, cross-examine witnesses, and advocate on your behalf.
Support And Guidance
Your attorney provides the support and guidance you need during this challenging time, answering questions, offering legal advice, and handling your case with care and compassion.
Our attorneys are invaluable assets if you’ve been in an accident. We help you understand your legal rights, pursue rightful compensation, and provide the support you need during this challenging time.
The Most Significant Mistake You Can Make Is Handling Your Accident Claim Alone.
While we do receive a portion of your compensation, we secure significantly more than you could negotiate independently. We work tirelessly to earn our fee and ensure you receive the best outcome. At Mullen & Mullen, we take pride in achieving as many full policy limits settlements as possible.
COMPREHENSIVE OVERVIEW OF MOTOR VEHICLE COLLISIONS
Motor vehicle collisions, commonly known as accidents, transpire when one or more vehicles come into contact with each other or collide with stationary objects like trees or buildings. These incidents often result in severe injuries to drivers, passengers, and pedestrians. The causes of collisions are diverse, encompassing factors such as driver errors, vehicle malfunctions, road conditions, and adverse weather conditions.
Most Prevalent Types Of Motor Vehicle Accidents
Rear-end Collisions
Rear-end collisions transpire when a driver strikes the vehicle in front of them.
Head-on Collisions
Head-on collisions occur when two vehicles collide with each other while traveling in opposite directions. These collisions are particularly devastating, with the impact being equivalent to double the combined speed of the vehicles involved. Contributing factors include drunk driving, distracted driving, drowsy driving, and unsafe passing. Fatalities are not uncommon due to the limited reaction time for drivers in such situations, leading to a range of injuries including spinal cord injuries, permanent paralysis, broken bones, soft tissue injuries, traumatic brain injuries, loss of limbs, and knee, hip, and leg injuries.
Side-impact Collisions (T-bone Accidents)
Side-impact collisions, also known as T-bone accidents, happen when one vehicle is struck from the side by another vehicle. These accidents are frequently caused by lane merging errors, running red lights, or other intersection-related driving mistakes, resulting in severe injuries such as head, neck, chest, pelvis, abdomen, and limb injuries, along with the potential for traumatic brain injuries and fatalities.
Rollover Accidents
Rollover accidents occur when a vehicle flips over onto its side or roof. These incidents can happen without involving another vehicle, with factors like potholes or evasive maneuvers due to other drivers contributing to the rollover. Injuries can vary widely, ranging from none to severe, including broken spines or fatalities.
Single-vehicle Accidents
Single-vehicle accidents involve a vehicle colliding with a stationary object or departing from the roadway.
Multi-vehicle Accidents
Multi-vehicle accidents involve multiple vehicles in a collision, making them newsworthy due to their rarity and the potential for catastrophic consequences. Speeding, tailgating, distracted driving, drunk driving, failure to yield, road rage, negligent entrustment, and reckless driving are common causes. The mass of crumpled vehicles in these accidents often makes escape difficult, and additional collisions can occur as more vehicles enter the pileup. Fatalities and severe injuries, similar to those in other types of accidents, are frequent in multi-car pileups.
Hit and Runs
Texas law mandates that individuals involved in accidents must stop and provide assistance. However, some motorists, driven by fear of legal consequences or insurance rate increases, choose to flee the scene. Hit-and-run accidents can range from minor incidents with no physical or emotional harm to severe cases resulting in injuries that take weeks or months to heal from, or even fatalities.
TYPICAL INJURIES ARISING FROM VEHICLE ACCIDENTS
Based on our legal team’s extensive experience, spinal injuries stand out as a prevalent outcome in motor vehicle accidents. These injuries can range from minor soft tissue damage to more severe conditions like herniated discs or extruded discs. Warning signs such as numbness, tingling, shooting pains, or muscle weakness may signal the presence of a herniated or extruded disc.
In addition to spinal injuries, accidents can result in direct harm such as broken bones, fractures, and muscle tears. Here is a list of commonly encountered injuries in motor vehicle collisions:
LEGAL THEORIES OF LIABILITY IN MOTOR VEHICLE ACCIDENT CASES
In your motor vehicle accident case, our legal team will meticulously examine the circumstances and determine the appropriate theories of liability to support your injury claims. The most prevalent theories of liability include:
Negligence
The majority of accidents result from the negligence of one of the involved drivers. Our attorneys will argue that the at-fault driver failed to meet the standard of reasonable care expected of all motorists under similar circumstances. For instance, a driver who engages in texting, displays inattentiveness, or fails to yield the right-of-way is deemed to have breached their duty of reasonable care. It’s worth noting that insurance adjusters might try to claim that you were comparatively negligent, even if the police report favors your case. This argument suggests that you shared some responsibility for the accident, which could affect the damages you receive. However, if you are found to be 50% or less responsible, you can still recover damages, though they may be reduced according to your degree of fault.
Manufacturer Liability
This theory is applicable when a defect in either vehicle involved in the accident directly caused the collision. Cases involving manufacturer liability typically require the involvement of experts and are often pursued when the injuries are severe or the accident results in a fatality. Common defects include faulty seatbelts, airbags, accelerators, brakes, and engines.
Road Design
Road design liability can be asserted in cases involving defective traffic signals, missing signage, unsafe guardrails, or specific roadway defects. Most of these cases involve government entities, necessitating prompt notice of claims to be filed with the relevant city, county, or government agency. In some instances, the notice of claim must be submitted within 30 days of the motor vehicle accident.
Wrongful Death
In situations where a loved one loses their life in a car accident due to another driver’s negligence or recklessness, you can pursue a wrongful death lawsuit. It is crucial to identify which family members have claims and collaborate with an attorney who can determine whether to prioritize wrongful death or survivorship claims.
Respondeat Superior
Texas acknowledges the doctrine of Respondeat Superior, holding employers accountable for their employees’ negligent acts while acting within the scope of their employment. For example, if you are involved in an accident with a vehicle owned by XYZ Construction, both the employee operating the vehicle and XYZ Construction can be considered liable defendants responsible for your damages.
Negligent Entrustment
This theory comes into play when the owner of a motor vehicle entrusts it to an unlicensed or incompetent driver, making the owner potentially liable for your injuries under the concept of negligent entrustment.
POSSIBLE ENTITLEMENTS FOR DAMAGES FOLLOWING A CAR ACCIDENT IN TEXAS
Under Texas law, you have the potential to receive compensation for both “economic” and “non-economic” damages in the aftermath of a car accident. To begin, familiarize yourself with the economic damages that may be available to you when another party is responsible for the injuries sustained in the collision:
Medical Expenses
The at-fault driver is accountable for covering the reasonable and necessary medical costs you incur due to their negligent actions. This encompasses expenses such as therapy sessions, adjustments, massages, medical devices, consultations with medical professionals, required imaging procedures (such as CT scans and MRIs), pain management, surgery, or any other medically essential services. It is worth noting that insurance companies may attempt to dispute the necessity or reasonableness of some medical expenses, often employing doctors to provide intricate justifications for their stance. They may also argue that you had a pre-existing condition.
Future Medical Expenses
You have the right to recover the expenses associated with any future medical care you may require over your lifetime.
Lost Wages
Depending on the severity of your injuries, you may have to take time off work. You can seek compensation for all the income you have lost during this time.
Loss Of Earning Capacity
The accident might render you unable to perform your job as effectively as you did before the incident. For instance, if you were a well-paid warehouse worker and your injuries prevent you from lifting heavy objects, you may have to switch to a sedentary desk job. If you lack prior office experience, this new position could come with a significantly reduced salary. In such cases, you are entitled to pursue damages equivalent to the difference in earnings over your lifetime.
Non-Economic Damages
Non-economic damages are more subjective in nature and are meant to compensate you for the impact the car accident has had on your life. These damages encompass:
Pain And Suffering
This compensation pertains to the physical pain and suffering resulting from your injuries following the accident. You can seek damages for past pain and suffering as well as any you anticipate experiencing in the future. The extent of your injuries plays a central role in determining the compensation amount.
Mental Anguish
Mental anguish covers feelings of fear, worry, grief, self-pity, and other forms of emotional suffering stemming from the accident. Victims often endure emotional distress and trauma after a serious accident, and you can pursue damages for past and future mental anguish.
Physical Impairment
This compensation accounts for physical limitations resulting from the accident, such as an inability to bend or stoop as you once could or walking with a limp. You have the right to seek recovery for both past and anticipated future physical impairments. Obtaining an Impairment Rating from a doctor upon completing your treatment is typically advisable.
Loss Of Consortium
If your loved one suffered harm or lost their life in the accident, this compensation addresses the loss of companionship, sexual relations, affection, and emotional comfort you experience.
Punitive Damages
Punitive damages serve as a punitive measure against the at-fault party or parties for their behavior. Generally, their actions must be malicious and egregious to the point where severe punishment is warranted to deter such behavior in the future. While obtaining punitive damages can be challenging, they are often recoverable in cases where the at-fault driver was intoxicated, particularly in DWI/DUI cases where the driver’s actions are typically deemed reckless rather than merely negligent.
VARIOUS TYPES OF ACCIDENT CLAIMS TO CONSIDER
Following an auto accident injury, you may have several potential claims available to pursue, some of which you might not be aware of. Here are several insurance claims that could be applicable to your situation:
- Liability claim against the at-fault driver: This claim arises from the negligent or reckless operation of a motor vehicle by the at-fault driver.
- Liability claim against the at-fault driver’s employer: If the driver was performing work-related duties at the time of the accident, you may have a claim against their employer.
- Liability claim against the owner of the at-fault vehicle: If the owner negligently allowed an unlicensed or incompetent driver to operate their vehicle, you may have a claim against them.
- Property damage claim: This claim covers the cost of repairing or replacing your damaged vehicle.
- Diminished value claim: You can seek compensation for the reduced value of your vehicle after a motor vehicle accident.
- Uninsured motorist claim: If the at-fault driver lacks liability insurance as required by law, you can file a claim through your own car insurance carrier.
- Underinsured motorist claim: If your damages exceed the at-fault driver’s insurance limits, you can seek compensation through your own car insurance carrier.
- Personal Injury Protection (PIP) / No-Fault benefits: Your own car insurance carrier may provide reimbursement for medical expenses and lost wages related to your automobile accident.
- MedPay / No-Fault benefits: Your car insurance carrier can cover medical expenses incurred, subject to repayment if you receive third-party funds.
- Underinsured motorist coverage (UIM) is a type of first-party insurance designed to compensate victims of car accidents if the at-fault driver’s liability limits are insufficient. You may be eligible for UIM coverage if someone in your household has this coverage on their automobile policy.
Prior to accepting any offer from the liability carrier, it is crucial to obtain permission from your own insurance carrier, as failing to do so might disqualify you from underinsured motorist proceeds. Your car insurance company has an obligation to act in good faith and fairly. If your underinsured motorist claim is denied without reasonable cause, you may have grounds to file a lawsuit for bad faith insurance practices.
Uninsured motorist coverage (UM) becomes essential when the person who collided with your vehicle lacks insurance or in cases of hit-and-run accidents. Remember that UM coverage is applicable only if there was actual physical contact between the at-fault driver and your vehicle. If your insurance company unreasonably denies your claim, you can also explore the option of filing a bad faith lawsuit.
UNDERSTANDING INSURANCE COMPANIES: WHAT YOU SHOULD BE AWARE OF
Despite their advertising claims, insurance companies are unequivocally not “on your side.” In reality, they allocate the second-largest amount of money for lobbying Congress and the Senate, right after the healthcare industry. In the year 2021 alone, they spent a staggering $111 million on these efforts.
This pattern holds true even in Texas. It’s important to remember that insurance companies invest substantial time and resources in shaping the legal landscape to their advantage. Their treatment of injured individuals may not align with fairness, so they work to make their actions legally defensible. With this in mind, here’s what you need to be mindful of when dealing with insurance companies:
Recorded Calls
Insurance companies record your conversations to potentially use your statements against you later. While the recorded message may claim it’s for “quality assurance,” it’s also a means to gather evidence that can be used to your disadvantage.
Profit Motive
Insurance companies exist to turn a profit, and they have investors to answer to. If they report unprofitable results, their stock prices can plummet, leading to significant financial losses and potential job losses for top executives. To protect their interests, they employ tactics like delay, denial, and minimizing claims.
Adjuster Tactics
Be cautious when communicating with adjusters. They may attempt to appear friendly and trustworthy, but their real goal is to gain your trust, prompting you to disclose information that could harm your claim later. Don’t fall victim to their strategies.
Signing Documents
Don’t rush into signing anything provided by the insurance company, especially without consulting an attorney. While they may expedite forms and offer a quick payout, this is often a ploy to prevent you from scrutinizing the true value of your claim. Texas law grants you two years from the date of the accident to file a lawsuit if needed, so take your time and seek legal advice when necessary.
UNDERSTANDING THE INSURANCE CLAIMS PROCESS
After a car accident, your initial step is to file a claim with the at-fault party’s insurer. They will request evidence regarding the severity of your injuries and the medical treatment you’ve received.
Following your submission, the insurer will conduct their own investigation, which may include:
- Requesting photos of the accident
- Obtaining the police report
- Collecting witness contact information
- Asking you to undergo a medical examination by a doctor of their choice
It’s worth noting that these “independent medical examiners” tend to favor the insurer’s interests due to their financial incentives. While they are labeled as independent, their findings often align with the insurer’s needs.
Texas law does not obligate you to see the insurer’s chosen doctor, and you have the freedom to consult your regular physician or any medical professional of your choosing.
In case of a lawsuit, insurers can require you to see their doctor, but they must demonstrate “good cause,” and your attorney can impose restrictions on the process.
Once the insurance company completes its investigation, they will present you with an offer. You have three options at this point:
- Accept the offer
- Counteroffer
- Consult with a personal injury attorney to ensure you receive a fair offer
Insurer Not Treating You Fairly? Call (214) 529-3476 to Get Your Free, No-Obligation Consultation Today!
UNDERSTANDING MONEY AND COMPENSATION
To grasp the dynamics of money and compensation, consider the following aspects. Maintaining your quality of life often requires a certain financial threshold. When an at-fault driver’s actions lead to injuries, pain, suffering, and a reduced quality of life for you, they should be held accountable and provide compensation. Had they driven responsibly, you would not be facing these hardships.
Determining Your Potential Recovery
It’s crucial to recognize that the amount you can expect to recover hinges significantly on the competence and genuine concern of your attorney. When seeking car accident lawyers in the Dallas area, you’ll typically encounter three main categories:
Settlement Mills
These law firms flood the airwaves with attention-grabbing advertisements and boast about substantial settlements won by their clients. However, their primary focus is on processing cases swiftly to cover their extensive marketing expenses and overhead. Consequently, your case may not receive the personalized attention necessary to secure the compensation you rightfully deserve. While some clients may obtain significant settlements, many individuals may receive less than they should, and these firms often use high-pressure tactics to encourage quick decisions.
Large, Impersonal Firms
These firms do not rush through case processing as much as settlement mills, but their approach can still pose risks. Initially, you might meet with an experienced senior attorney, but much of the substantive work may be delegated to inexperienced junior attorneys and paralegals. In some instances, a junior attorney might even handle courtroom arguments, if necessary. It’s important to inquire about who will handle the core aspects of your case to ensure transparency and confidence in your legal representation.
Small Firms Focused On Personal Relationships
Smaller firms consist of only a few lawyers and a dedicated support team. Instead of pursuing high caseloads, they limit their casework to provide each client with individualized attention. This approach ensures that your case receives the specialized care it deserves, increasing your chances of securing the maximum compensation for your injuries.
COMPENSATION FOR YOUR DAMAGES
You have the right to seek compensation for all financial losses stemming from your accident. These encompass:
- Past, present, and future lost income (including lost earning capacity)
- Past, present, and future medical expenses
- In-home care costs
- Damage to your vehicle
- Diminished value of your vehicle
Furthermore, you are entitled to compensation for non-economic damages, which may include:
- Mental anguish (past and future)
- Physical impairment (past and future)
- Pain and suffering (past and future)
- Disfigurement
- Punitive damages
- Loss of household services performed by the injured party
- Loss of companionship
This list is not exhaustive, and it is essential for your attorney to thoroughly evaluate your case to identify all available damages based on the specific facts and circumstances surrounding your situation.
HOW DO INSURERS DETERMINE THEIR PAYOUTS?
The process of insurers determining what they will pay you is inherently biased. Insurers invest heavily in lobbying efforts to shape laws in their favor from the outset. This gives them a foundation for offering compensation that falls short of what is fair. In addition, they employ various strategies to minimize the amount they should pay you, even hoping to avoid any payment altogether.
Insurance providers frequently engage third-party companies to audit medical bills or conduct the audits themselves.
Spoiler alert: Regardless of the actual cost of your medical bills, the carrier – or the third-party entity that predominantly serves the carrier – will invariably contend that the charges are excessive. Furthermore, they will argue that at least some, if not all, of the treatment you received was unreasonable or unnecessary.
Carriers typically only consider compensating for lost wages if you possess a letter from your treating healthcare provider explicitly stating that you cannot work and outlining the reasons for it.
Once they have minimized your economic damages as much as possible, the carrier often proposes a sum for “general damages” derived from proprietary computer software that is heavily influenced by billing or diagnostic codes.
Spoiler alert: They employ automated systems to insulate the claims adjuster from forming any emotional attachment to your case when calculating damages for pain, suffering, mental distress, impairment, etc. They aim to reduce you to a mere number, mere words on paper. Quite astonishing, isn’t it?
STRATEGIES INSURERS MAY EMPLOY TO DIMINISH THE VALUE OF YOUR CLAIM
The largest insurance companies amass billions in wealth, and they do not achieve this by writing substantial checks. They work diligently to shape the rules of the game through lobbying efforts at both the state and national levels. If that fails, they will attempt to exert pressure on you to minimize their payout as much as possible.
These are the common defenses they may employ to reduce their financial liability to you:
Allocating Some Fault To Your Actions In Causing Your Injuries
In Texas, the “comparative negligence” rule applies, allowing you to be held partially responsible for your injuries. If you are more than 50% at fault, you receive no compensation. Insurers may attempt to attribute partial fault to you when, in reality, you bear none.
Shifting Blame To Another Party
Insurers may seek to place all or some of the blame on someone other than their insured driver, such as another driver, a manufacturer of a claimed defective auto part, or a government entity responsible for street maintenance.
Claiming You Had A Pre-Existing Condition
Insurers may argue that your injuries were not caused by the accident but were the result of a pre-existing condition. However, if the accident aggravated your existing condition, you may still be entitled to compensation for the exacerbated injuries.
Alleging That You Failed To Mitigate Damages
Legally known as “failure to mitigate damages,” insurers may argue that you did not take actions that could have minimized your losses, such as not seeking medical attention when necessary.
Exploiting The Expiration Of The Statute Of Limitations
In Texas, you have a two-year window from the accident date to file a lawsuit. Failure to meet this deadline can bar your claim permanently, even if negotiations were ongoing.
Asserting That You Willingly Assumed The Risk
Insurers may claim that you knowingly entered a dangerous situation, shifting responsibility for your injuries from them to you. For instance, if you drove in an area marked as “No Trespassing.”
Highlighting Minimal Property Damage
Insurers might argue that the extent of damage to your vehicle contradicts the severity of the injuries you claim to have sustained. A counterargument is that the human body absorbs most of the impact in an accident, not the vehicle.
Pointing To Gaps In Medical Treatment
This defense has gained popularity, especially due to the challenges of consistent medical treatment during the COVID-19 pandemic. However, it can be countered by explaining that you were trying to endure the pain.
Using Intentionally Misleading Questions
Claims adjusters may ask questions with the intent of obtaining information that can be used against you, sometimes framing questions in ways that are confusing or misleading.
If the insurer’s offer appears unfair, contact (214) 529-3476 for a free, no-obligation consultation today!
WHAT IF YOU WERE IN AN ACCIDENT WITH AN UNINSURED OR UNDERINSURED MOTORIST?
If you find yourself in a collision involving one of the 4 million uninsured vehicles in Texas or an underinsured driver, there’s no need to panic. Chances are, your insurance coverage can come to your rescue in such situations. Texas law does permit individuals to waive this type of coverage, but very few opt for it, given the obvious risks.
In certain cases, the uninsured driver may possess sufficient personal assets to cover the damages they’ve caused. Occasionally, they may have merely forgotten to renew their auto insurance. However, more often than not, the uninsured driver lacks the financial means to afford car insurance, and even if you were to win a lawsuit against them, they may never be able to compensate you. Therefore, the best course of action is to file a claim with your own insurance company, as they typically offer uninsured motorist coverage.
However, it’s important to note that your insurance provider is also inclined to minimize their payouts. Consequently, you may encounter the same challenges you would with the at-fault driver’s insurer.
This is where the expertise of a seasoned car accident attorney becomes invaluable. They can assist you in uncovering the financial status of the other driver and guide you through the process should they lack the necessary funds to compensate you for your injuries.
HOW LONG DOES IT TAKE TO RECEIVE A SETTLEMENT OFFER?
Many accident claims can be resolved within a few months, but the specific circumstances of your case will dictate the timeline for recovering financial damages. Several factors come into play, including:
Your Injuries:
It’s advisable to wait until you’ve reached the point of “maximum medical improvement” before considering a settlement. This is the stage at which your doctor determines that your injuries will not improve any further. Waiting is crucial to ascertain the complete value of your current and potential future medical expenses, preventing you from getting stuck with high, unpaid medical bills.
The Insurer:
Different insurance companies follow varying negotiation processes, which can lead to shorter or longer timelines for your claim.
Legal Representation:
If the insurer is aware that you don’t have legal representation, they may delay making an offer, knowing that you might be facing mounting expenses that you cannot cover. In such cases, the pressure to accept a subpar settlement offer may increase over time. Therefore, involving a lawyer as early as possible is a wise decision.
Don’t settle for less than fair compensation! Call (214) 529-3476 today to schedule your free, no-obligation consultation.
WHAT HAPPENS WHEN YOU’RE INVOLVED IN ACCIDENTS WITH CITY OR GOVERNMENT OFFICIALS?
Legal processes and rules undergo changes when you find yourself in an accident involving a city, county, school, or government vehicle. Unfortunately, these changes can make matters more complicated. It is crucial that you follow the specific procedures outlined by the state, county, or city to provide a ‘Notice of Claim’ within the stipulated timeframe. This timeframe typically spans six months, although some municipalities allow as little as 90 days. In such situations, it’s imperative to contact an attorney promptly. Failing to navigate these steps correctly could result in your claim being permanently barred. Additionally, claims against government entities often have limitations on the damages you can recover.
While this might seem unfair, it is a reflection of our legal history. When the nation was first established, it adopted the concept of ‘sovereign immunity’ from England, which essentially means that rulers cannot be sued. To address this, the Texas Tort Claims Act was enacted in 1969, enabling lawsuits for accidents involving government vehicles or incidents on government-owned land.”
COMMON MISCONCEPTIONS ABOUT ACCIDENT CLAIMS
When it comes to navigating the legal landscape, it’s not uncommon to have misconceptions. That’s why seeking the representation of a lawyer is a wise decision. Here are some common misunderstandings that many of our clients initially have about their claims:
- The at-fault party isn’t necessarily responsible for covering all your medical expenses. Texas law mandates compensation for ‘reasonable’ medical bills and healthcare costs, which insurance companies often attempt to minimize.
- You won’t necessarily spend a lot of time in court. In most cases, claims are settled without going to court, and experienced litigators handle the legal proceedings when necessary.
- Even if you have what appears to be minor injuries, consulting a lawyer is advisable because some injuries may not manifest immediately.
- Filing a claim isn’t about greed or frivolous lawsuits. Most claims seek fair compensation for injuries caused by another party’s negligence.
- Claims don’t always take years to resolve; it depends on the specifics of your case and the evidence involved.
- Insurers may resist paying, but they are obligated to do so, and a skilled lawyer can help ensure you receive a fair settlement.
- It’s not always the at-fault party personally paying; their insurance typically covers the costs. Uninsured/underinsured motorist coverage can come into play if the other party lacks insurance.
- While filing a claim against a family member or friend may strain relationships, it’s essential to consider who should bear the financial burden of your injuries.
- Waiting until your injuries heal before filing a claim can be counterproductive, as evidence may be lost, and insurers may question the severity of your injuries.
- Just because an insurer offers a quick settlement doesn’t mean it’s fair. Consulting a lawyer can help you evaluate the offer.
- Even if you have insurance, consulting a lawyer may still be necessary to ensure you receive proper compensation.
- Holding out for a larger settlement can be risky, as insurers may use delays against you; consulting a personal injury lawyer is a prudent step.
- While the legal process may not be swift, the idea that courts are too busy to hear your case is generally untrue; hiring an attorney willing to go to court may be necessary for fair compensation.
- While lawyers charge fees, a reputable firm can increase the overall value of your case, ensuring you come out ahead after attorney fees.
- Filing a claim won’t necessarily lead to financial ruin for the at-fault party, as their insurance typically covers the damages.
FREQUENTLY ASKED QUESTIONS ABOUT MOTOR VEHICLE ACCIDENTS
If you’ve been involved in a car accident and are seeking compensation for your injuries and losses, you likely have several questions about the legal process. Here are some commonly asked questions regarding car accident cases:
How Do I Initiate An Accident Claim?
To begin an accident claim, it’s essential to promptly contact your insurance company. Provide them with all relevant accident details and any supporting documentation, such as a police report. Your insurance company will assist you in navigating the claims procedure. Both your insurance provider and the at-fault driver’s insurer may request a recorded statement describing the accident. Be cautious, as insurance adjusters can ask misleading questions. Legal counsel can ensure that you are asked fair and relevant questions. If you’ve already provided a recorded statement, it may complicate matters, but we will still represent you.
When Should I Initiate The Claims Process?
It’s advisable to start the process of setting up insurance claims with your own auto insurance carrier and the at-fault driver’s insurer as soon as possible. Don’t assume that just because the at-fault driver admitted liability at the scene, you can delay filing the necessary claims. Some at-fault drivers may change their stance when they contact their insurance company. The earlier you initiate your claims, the faster your car can be repaired or replaced, and you can receive compensation for initial medical expenses related to your injuries.
What Are The Minimum Liability Insurance Limits In Texas?
In Texas, the minimum car insurance liability limits are $30,000.00 per person and $60,000.00 per occurrence. It’s crucial to explore all available first-party insurance proceeds you may be entitled to. For example, if you and four passengers are injured in an accident, and the at-fault driver has minimum limits, the most any single person could receive is $30,000.00, and the maximum the liability carrier would pay out is $60,000.00. However, some at-fault drivers may have policies with higher limits.
What Damages Can I Recover?
You may be eligible to recover various damages, including medical bills, lost wages, pain and suffering, and property damage. An experienced attorney can help you assess the full extent of your damages accurately.
How Long Does It Take To Resolve A Case?
The duration of a case can vary based on specific circumstances. Some cases can be settled through negotiations with insurance companies, while others may require litigation. An experienced lawyer can provide you with a more accurate estimate of your case’s timeline.
What If The Other Driver Is Uninsured?
If the other driver doesn’t have insurance, you may still have options for compensation through your own insurance policy if you have uninsured motorist coverage. An experienced lawyer can help you understand and explore your options in such situations.
What Should I Expect During The Legal Process?
Throughout the legal process, your attorney will gather evidence, negotiate with insurance companies, and potentially file a lawsuit on your behalf. You may need to provide testimony or participate in depositions. Your lawyer will keep you informed throughout each step.
What If I Was Partially At Fault?
If you were partially responsible for the accident, your compensation may be reduced proportionally, known as comparative negligence. An experienced lawyer can explain how comparative negligence might impact your case.
What Can I Do If I’m Facing Immediate Financial Hardship?
If you’re in a situation where you’re experiencing immediate financial difficulties and can’t wait for your claim to resolve, you may consider “law loans” or cash advances. These loans, available if you have legal representation, can provide you with cash until your settlement funds arrive. Keep in mind that these loans involve interest, so it’s wise to shop around for reasonable rates.
How Can I Manage Mounting Medical Bills?
At Mullen & Mullen, we can connect you with medical professionals and institutions willing to delay payment until your claim is successful. We can also provide guidance on managing existing medical bills without adding unnecessary financial strain.
Does It Matter If The At-Fault Driver Was Working At The Time Of The Collision?
Yes, the doctrine of Respondeat Superior is recognized in Texas, making employers responsible for their employees’ negligent acts while on the job. This means that if the at-fault driver was working at the time of the accident, both the driver and their employer could be liable for damages.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage is first-party insurance designed to compensate victims of car accidents when the at-fault driver(s) have insufficient liability limits. It’s essential to obtain permission from your insurance carrier before settling with the at-fault driver’s insurance to ensure eligibility for underinsured motorist proceeds.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage is crucial if you’re involved in an accident with an uninsured driver or in a hit-and-run situation. It applies when the at-fault driver made physical contact with your vehicle.
Should I Use The Body Shop Recommended By The At-Fault Driver’s Insurance Company?
It’s generally not advisable to use the body shop recommended by the at-fault driver’s insurance company, as they may prioritize lower repair costs over quality. You have the right to choose your preferred body shop or dealership to assess the damage to your vehicle.
Is The At-Fault Driver’s Insurance Company Obligated To Provide A Rental Car?
Yes, if your vehicle is repairable and not declared a total loss, you’re generally entitled to a rental car comparable to your own for the duration of the repair process. If your vehicle is drivable but not roadworthy, you may also receive a rental car until the repairs are complete. However, if your vehicle is declared a total loss, rental car reimbursement may not apply.
What Constitutes A “Total Loss”?
If your vehicle is considered a total loss after an accident, you can typically recover the fair market value of your vehicle, which is determined by the prices similar vehicles are selling for in the market, not by sources like Kelly Blue Book or NADA Book Value.
Can You Assist Me In Getting A Rental Car?
Yes, our law firm can help you secure a rental car while your vehicle is being repaired, provided you have legal representation.
Can I Recover The Diminished Value Of My Vehicle?
Yes, in cases where your vehicle has sustained significant damage in an accident, resulting in a diminished resale value, you can often recover these damages. It may require an expert report, and our attorneys have established relationships with experts who can assess the diminished value at no upfront cost to you.
Can I Obtain A Loan If A Car Wreck Has Caused Me Immediate Financial Hardship?
Yes, several organizations offer loans to individuals looking to access a portion of their settlement proceeds. These “law loans” require legal representation, and our law firm has relationships with law loan providers offering favorable terms.
What If I Have Health Insurance And My Medical Bills Have Piled Up?
If you have health insurance, your provider may cover some of your medical bills. However, they may place a lien on your settlement proceeds. Our attorneys can negotiate with your health insurance company to reduce the lien amount, helping you secure a fair settlement.
Can Your Law Firm Assist Me In Obtaining Medical Care?
Yes, our legal team has established partnerships with healthcare providers who specialize in treating individuals injured in auto accidents. These medical professionals are willing to defer payment for their services until your case reaches a resolution. Our network includes medical doctors, surgeons, pain management clinics, diagnostic facilities, pharmacies, and surgical centers. If you lack health insurance or cannot afford high co-pays and deductibles, we can help you access the necessary medical treatment without any upfront costs.
What If I Require Surgery But Lack Health Insurance Or Cannot Afford My Deductible?
Our law firm has developed relationships with skilled surgeons who are prepared to perform a variety of procedures and delay billing until your accident injury case concludes. Additionally, we have established partnerships with anesthesiologists, surgical nurses, and surgical facilities that are willing to postpone payment until your case is settled. For example, we successfully negotiated with a renowned spine surgeon, surgical nurse, anesthesiologist, and the Medical Center of Plano to perform a spine fusion surgery for a client without health insurance, deferring payment until the case was resolved.
Is It Advisable To Schedule An Appointment With My Family Doctor If I’ve Been Injured In A Car Accident?
Yes, it is advisable to see your family doctor if possible. However, many family doctors choose not to treat patients involved in motor vehicle collisions due to concerns about billing issues and potential legal entanglements. Moreover, scheduling an appointment with a family doctor can often be time-consuming. If there is a significant delay in obtaining a medical examination, the insurance company may argue that your injuries were not severe. While seeing your family doctor is recommended, consider seeking medical care from providers experienced in treating car accident injuries.
What If My Health Insurance Company Has Covered Some Of My Medical Bills?
If your health insurance company, Medicare, or Medicaid has paid any bills related to your accident-related injuries, they may have a right to be reimbursed if you receive compensation from a third party. This is known as the right to subrogation. The amount they can claim for reimbursement is determined by various factors, but our Dallas auto accident law firm can often negotiate a reduction in their claim to facilitate the settlement of your case.
What Should I Do If I’ve Received Notice Of A Hospital Lien?
If you have received medical treatment at a hospital within 72 hours of a motor vehicle collision, the hospital may file a lien against the proceeds of your case. Our attorneys have extensive experience in negotiating with hospitals to reduce these liens.
Can I Recover Damages For Lost Income?
Yes, you can potentially recover damages for the income you have lost as a result of your injuries.
What Is The Value Of My Case?
Many accident attorneys may provide initial estimates and figures, but the reality is that the worth of your case is influenced by factors such as the extent of your injuries and liability considerations. We refrain from discussing the value of a case with our clients until we have thoroughly examined all relevant documents, including medical treatment records and medical bills. We also listen to the arguments presented by the liability insurance carrier. Just as you wouldn’t want your doctor to prescribe a treatment without reviewing your medical history, or a subcontractor to give you a price quote without consulting their supplier, we believe in a thorough and informed approach.
Are There Any Guiding Principles?
Certainly. If you have sustained objective injuries in your car accident, such as fractures, broken bones, herniated discs, torn muscles, or injuries requiring spine surgery, your case is likely to have a much higher settlement value compared to cases involving soft-tissue or whiplash injuries alone.
What Does It Mean If The Insurance Company Claims I Am Comparatively Negligent?
When the insurance company asserts that you share some of the fault for the motor vehicle accident, it means they are arguing that your actions contributed to the incident. Even in situations where their insured was clearly at fault, they may try to assign comparative negligence. If you are found to be comparatively negligent, your percentage of fault will be deducted from any potential jury verdict. For example, if a jury awards you $100,000.00 in damages but determines you were 20% at fault, the final award would be adjusted to $80,000.00.
If I Had Some Fault In The Wreck Am I Barred From A Recovery?
No. Unless the jury assigns you more than 50% of the fault for the car wreck, you can still seek compensation. You can still recover damages even if both you and the at-fault party are found to be equally responsible (50% each), although the awarded amount would be reduced by 50%.
Does The Amount Of Damage To My Vehicle Matter?
Yes, to some extent. However, it’s important to note that property damage does not always directly correlate with the injuries sustained in the collision. Insurance companies often focus on property damage and may challenge claims with minimal property damage, labeling them as ‘minor impacts.’ It’s crucial to document the damage to all vehicles involved in the accident and choose a reputable repair facility, as the at-fault driver’s insurance carrier may recommend one with lower repair costs to minimize your property damage claim.
What Are ‘Reasonable And Necessary’ Medical Bills?
Under Texas automobile accident law, you are generally entitled to recover the amount you paid or incurred for medical treatment related to your car accident injuries. These medical bills must be both reasonable and necessary. Insurance companies often dispute the necessity or reasonableness of certain medical treatments and may even bring in their own doctors to challenge your bills. It’s essential to have legal representation with expertise in medical billing and terminology to advocate for full reimbursement of your medical expenses.
What Is A Pre-Existing Condition?
Insurance companies frequently argue that injuries claimed after an accident are actually pre-existing conditions. For example, if an MRI reveals a herniated disc but also shows degenerative disc disease, the insurance company may argue that the latter was the primary source of your pain or discomfort. Having legal counsel experienced in arguing the aggravation of pre-existing conditions can be vital, as well as demonstrating that you are what is often referred to as an ‘Eggshell Plaintiff.’ Our Dallas auto accident attorneys can request a review of your prior medical records to determine if the accident worsened your pre-existing condition.
What Is A ‘Gap In Treatment’?
If you wait an extended period of time before seeking medical attention following a car wreck, the liability insurance carrier may argue that there was a gap in your treatment, suggesting that you weren’t seriously injured. Similarly, if you pause therapy and then resume it weeks or months later, they may argue the same. It’s crucial to seek medical attention promptly if you experience any pain or discomfort following a motor vehicle collision.
What Does It Mean To ‘Mitigate’ Your Damages?
In Texas, you have a duty to mitigate, or try to reduce, your damages. Insurance companies often claim that individuals failed to do so. For example, if the injuries you sustained in a car wreck prevented you from operating heavy machinery but you could perform a desk job, you have an obligation to take that job while recovering. Another example is agreeing to release your vehicle to the insurance company so it can be moved to a neutral storage facility to minimize storage costs while assessing the property damage.
What If Multiple Drivers Are Responsible For My Injuries?
If multiple drivers bear responsibility for your injuries, you can file claims against each responsible driver in a lawsuit if necessary. You can seek compensation from an insurance company even if their driver is only partially at fault, as long as your own fault doesn’t exceed 50%.
Is The At-Fault Driver’s Insurance Company Obligated To Me In Any Way?
No, the liability insurance provider for the at-fault driver involved in the car accident may not have any obligations towards you. In fact, they often attempt to delay or deny your injury claim. They might not take your case seriously if you’re not represented by an attorney, as they may not fear a lawsuit against their insured party. Our Dallas car accident law firm can engage with them directly to ensure your case is treated seriously.
Do I Have Any Expectations From My Own Insurance Company?
Absolutely. Your own automobile insurance company is bound by duties of good faith and fair dealing towards you. In the past, we have pursued claims under the Texas Insurance Code and Texas Deceptive Trade Practices Act against insurance companies that fail to act in good faith towards their policyholders. If you’re not represented, your first-party insurance carrier might not take your claim seriously since they may not fear a lawsuit. Again, our attorneys can interact with them directly to ensure your case receives the attention it deserves.
What Happens If I Reject The Final Offer From The At-Fault Driver’s Insurance Company?
You have the right to file a lawsuit against the at-fault driver and, if applicable, their employer if the accident occurred during work-related activities. In the case of an uninsured motorist, you can also file a lawsuit against your own insurance company if you have that coverage and choose not to accept their offer.
Should You Settle Your Case Or Initiate A Lawsuit?
The decision depends on your unique circumstances. Sometimes, accepting a $20,000.00 offer before filing a lawsuit may result in more money in your pocket than a $30,000.00 offer after litigation has commenced. Various factors must be considered, including the attorney’s contingency fee, which often increases by 7% – 12% after a lawsuit begins. Additionally, litigation incurs higher case expenses, such as filing fees, service costs, depositions, record retrieval, mediation, and trial expenses. Litigation also consumes time, typically lasting between 6-10 months for pre-trial settlements and up to twelve to fifteen months if a trial becomes necessary. If you’ve taken a legal loan, it can accrue interest every month until your case concludes. Lienholders, such as health insurance or workers’ compensation providers, may be more willing to reduce their claims before litigation starts. Our recommendation is based on what will maximize your compensation, not what benefits us or medical providers financially.
What If Your Child Is Injured In A Car Accident?
If your child sustains injuries in a motor vehicle collision, the liability insurance carrier may require a Minor Prove-Up Hearing to obtain a judge’s approval for any settlement reached. In such cases, a Guardian Ad Litem will be appointed by the judge to verify that the settlement is in the best interests of your child.
Will Your Case Affect Your Workers’ Compensation Claim?
No, your Workers’ Compensation carrier may place a lien on the proceeds of your settlement, but they typically cooperate with your attorney to reduce the lien amount and facilitate a settlement.
We are here to assist you!
The Mullen & Mullen family is dedicated to addressing your concerns and ensuring a smooth path to recovery. There are no upfront fees, and you only pay if we successfully win your case.
CONTACT US FOR A FREE CONSULTATION
Call (214) 529-3476 to talk to a Frisco accident attorney right now. We won’t put any pressure on you to hire us on the spot. Simply learn how we’ll approach your case and get some excellent free advice. Make your decision only when you feel 100% ready. Do remember though, that the Texas statute of limitations gives you just 2 years from the date of your accident to file a claim.
We’ll come to your home or hospital room if it makes it easier on you! Phone and Zoom consultations are also available. You can call us, or use the form or chat feature on this page to request a free consultation now.
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Mullen & Mullen Law Firm in Frisco, TX
2770 Main St #258
Frisco, TX 75033
(214) 529-3476