Top-rated Car Accident Attorneys in Plano, TX

More Reasons to Choose Mullen & Mullen

Skills & Expertise

With over 40 years of establishment in Plano, our firm boasts a collective experience of 95 years among our three seasoned attorneys. We have successfully recovered over 750 million dollars in gross settlements for our clients in North Texas alone. Notably, we clinched 19 out of the “Top 50” motor vehicle accident settlements in Texas in 2021, a testament to our prowess. Mullen & Mullen has been featured in reputable publications like Newsweek and Forbes, underlining our expertise in developing robust cases strategically designed to safeguard your rights.

Diagnostic & Medical Treatment With Delayed Billing

We understand the importance of immediate medical care after an accident. Mullen & Mullen ensures you receive the necessary medical attention with billing deferred until after your claim is settled. Even if you lack health insurance or struggle with deductibles, we have established relationships with leading medical professionals and institutions across Texas. These experts specialize in treating accident victims and are willing to wait for payment until your case is resolved. By availing our services, you can focus on your recovery without worrying about mounting medical bills.

Personalized Approach

Our lawyers at Mullen & Mullen provide a personalized approach to handle your case. We manage existing medical bills, dealing with billers and collectors on your behalf, while also negotiating with insurance companies. This relieves you of unnecessary stress, allowing you to concentrate on overcoming the physical and emotional aftermath of the accident.

Thorough Investigation

Unlike other firms, we have our own dedicated accident investigators, led by senior investigator Michael Foster. This in-house approach ensures a comprehensive analysis of the accident scene, meticulous evidence collection, witness interviews, vehicle data retrieval, and consultation with accident reconstruction experts. We leave no stone unturned, laying a solid foundation for your case to secure the maximum compensation possible.

Strong Negotiators

Insurance companies often attempt to minimize payouts, leaving victims undercompensated. Our skilled accident lawyers are adept at negotiating with these companies, fighting aggressively to secure a fair settlement covering medical expenses, lost wages, property damage, pain and suffering, and any other damages you are entitled to.

Trial-Ready Representation

While our primary goal is negotiating a favorable settlement, we are not hesitant to pursue litigation when necessary to ensure you receive the compensation you deserve. Our attorneys have a proven track record in the courtroom and will fiercely advocate for your rights in front of a judge and jury.

Client Satisfaction

Your satisfaction is our utmost priority. We prioritize transparent communication, keeping you informed about your auto accident claim’s progress and promptly addressing your questions and concerns. At Mullen & Mullen, we are dedicated to providing you with peace of mind during this challenging time.

Areas Of Expertise

• Big truck and commercial vehicle accidents
• Rear-end collisions
• T-bone accidents
• Head-on collisions
• Hit and run accidents
• Drunk driving accidents
• Distracted driving accidents

Top Choice Awards Named Us “Top Choice Injury Law Firm” Six Consecutive Years.

Hundreds Of 5-Star Reviews

I highly recommend Mullen and Mullen to anyone in need of a Personal Injury Lawyer. After I was rear ended and my car totaled, they took excellent care of me. When my injuries ended up being more severe than originally expected, they stayed by my side and helped me find proper affordable medical care. Without a doubt, this has been one of the toughest challenges life has thrown at me. If I didn’t have their support and guidance, I would have been alone and lost. At the end of this crazy journey, they were able to get me the maximum policy limits allowed and the peace of mind knowing I’ll be okay now that this is all over. Thank you, Mullen and Mullen, for being there for me. -Sarah Armstrong

I had small auto accident that wasn’t worth taking to court, but they told me how to handle it, and informed me about the process to work a diminished value claim against the person that hit me.  Not only that, but they also shared with me their contacts, and spent about an hour on the phone with me.  Hope I never get in an accident, but if I do, these are the guys I am going to call.” -Charaka Dharmagunaratne

Find Our 350+ 5-Star Reviews Here

Contact Mullen & Mullen for a Free Consultation Today

If you were injured in an accident in Plano, 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 (972) 947-3370 or use the form below now to take the first step towards recovery.

DO YOU TRULY NEED LEGAL REPRESENTATION FOLLOWING AN ACCIDENT?

An accident can dramatically alter your life. Don’t underestimate the importance of having a lawyer to safeguard your rights. Injured victims often face substantial medical bills and the challenge of taking time off work to recover.

Even seemingly minor injuries like soft tissue damage or whiplash can lead to significant financial strain. You shouldn’t find yourself drowning in debt or facing bankruptcy due to medical expenses.

Insurance companies are primarily concerned with their profits, not your well-being. Their adjusters aim to minimize payouts and may use your statements against you. Hiring our legal expertise levels the playing field. We allow you to concentrate on healing while we handle the complexities of your case. Our fees are contingent on your compensation – we only get paid when you do.

Research from a major insurance company reveals that claims represented by attorneys settle for 2-3 times more than those without legal representation. Many of our cases yield 10-15 times more. We advocate for your best interests, guiding motor vehicle accident victims through the legal process and helping them assert their rights.

Our Commitment

• Financial Assistance: We assist in securing loans for financial relief if needed.
• Medical Support: Ensuring you receive necessary medical treatment without upfront costs.
  Transparent Fees: Offering a reduced contingent attorney fee of 29%, compared to the industry standard of 33.3%-35% for non-litigated claims.
• Comprehensive Investigations: Conducting in-depth accident investigations, including gathering evidence and witness statements.
• Damage Evaluation: Working with experts to assess your injuries’ long-term impact, ensuring you’re compensated for all losses.
• Negotiation Expertise: Skilled negotiation with insurance companies to secure a fair settlement.
  Court Representation: Legal representation in court if necessary, protecting your rights effectively.
  Emotional Support: Providing compassionate guidance, answering queries, and ensuring your case is handled with care.

Handling Your Accident Claim Alone Is A Major Mistake.

While we receive a portion of your compensation, our expertise ensures you receive significantly more than you could negotiate independently. At Mullen & Mullen, we’re dedicated to maximizing your settlement.

COMPREHENSIVE OVERVIEW OF MOTOR VEHICLE COLLISIONS

A motor vehicle collision refers to an incident where one or more vehicles collide with each other or come into contact with a stationary object, such as a tree or building. These accidents can have devastating consequences, leading to significant injuries for drivers, passengers, and pedestrians. Various factors can contribute to collisions, including driver errors, vehicle malfunctions, road conditions, and adverse weather conditions.

Most Common Types Of Motor Vehicle Accidents (MVAs)

Rear-end Collisions

These incidents occur when a driver crashes into the vehicle in front of them.

Head-on Collisions

Head-on collisions happen when two vehicles collide while traveling in opposite directions. These accidents are particularly severe, as they result in an impact equivalent to twice the driving speed. Causes often include drunk driving, distracted driving, drowsy driving, and unsafe passing. Fatalities are common due to the lack of reaction time for drivers in such situations, leading to injuries such as spinal cord injuries, permanent paralysis, broken bones, soft tissue injuries, traumatic brain injuries, limb loss, as well as knee, hip, and leg injuries.

Side-impact Collisions (T-bone Accidents)

Side-impact collisions, also known as T-bone accidents, occur when one vehicle is struck on the side by another. These accidents frequently result from lane merging, running red lights, or driver errors at intersections. They often lead to serious injuries, including head, neck, chest, pelvis, abdomen, and limb injuries, as well as traumatic brain injuries and fatalities.

Rollover Accidents

Rollover accidents involve a vehicle flipping over onto its side or roof. These accidents can happen without the involvement of another vehicle, with factors such as potholes or evasive maneuvers contributing to rollovers. Injuries can range from minor to severe, including spine fractures or fatalities.

Single-vehicle Accidents

Single-vehicle accidents occur when a vehicle collides with a stationary object or goes off the road.

Multi-vehicle Accidents

Multi-vehicle accidents involve multiple vehicles in a single collision. Although rare, they receive significant attention in the news due to their dramatic nature. Factors contributing to these accidents include speeding, tailgating, distracted driving, drunk driving, failure to yield, road rage, negligent entrustment, and reckless driving. These accidents are particularly deadly due to the mass of crumpled vehicles, making escape difficult. Victims may face further risks if they exit their vehicles and are struck by additional cars. Multi-car pileups can result in numerous fatalities and severe injuries.

Hit-and-Runs

Under Texas law, motorists involved in accidents are required to stop and provide aid. However, some individuals flee the scene to avoid the consequences of their actions, whether out of fear of arrest, concerns about increased insurance rates, or sheer panic. Hit-and-run accidents can vary in severity, from minor damage with no physical or emotional harm to significant injuries that take weeks or months to heal. In some cases, hit-and-runs can also lead to fatalities.

FREQUENT TYPES OF INJURIES ARISING FROM VEHICLE COLLISIONS

In our attorneys’ extensive experience, spinal injuries stand out as prevalent outcomes of motor vehicle accidents. These injuries encompass soft tissue damage and can escalate to more substantial issues like herniated or extruded discs. Indicators of such injuries often include sensations of numbness, tingling, shooting pains, or muscle weakness.

Additionally, motor vehicle collisions can result in direct injuries such as broken bones, fractures, and muscle tears. Below are some of the typical injuries that individuals may sustain in motor vehicle accidents:

• Herniated Disc (lumbar or cervical spine);
• Extruded Disc;
• Soft tissue injuries;
• Whiplash;
• Facet Syndrome (lumbar or cervical);
• Torn meniscus;
• Torn rotator cuff;
• Broken ribs;
• Occipital neuralgia;
• Concussions & other head injuries;
• Broken & fractured bones;
• Other Muscle Tears;
• Scarring or disfigurement;
• Increased anxiety or depression;
• PTSD;
• Joint injuries;
• Shoulder derangement;
• Knee damage;
• Wrongful death.

LEGAL THEORIES OF LIABILITY IN MOTOR VEHICLE ACCIDENT CASES

When evaluating your case, our legal team will conduct a thorough analysis to identify the appropriate theory or theories of liability to support your injury claims. The most prevalent theories of liability in motor vehicle accident cases include:

Negligence

The majority of accidents stem 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. This standard dictates that drivers must behave as a reasonably prudent driver would under similar circumstances. For instance, a driver who is texting, distracted, or fails to yield the right-of-way would be considered to have breached their duty of reasonable care.

It’s important to note that the insurance adjuster may attempt to argue comparative negligence, suggesting that you were partially at fault for the accident, even if the police report favors your side entirely. If you are found to be 50% or less responsible for the accident, you are entitled to damages, but the awarded amount may be reduced in proportion to your degree of fault.

Manufacturer Liability

This theory comes into play when a defect in one of the vehicles involved directly contributes to the accident. Typically, this type of case involves significant injuries or loss of life. Common defective parts include seatbelts, airbags, accelerators, brakes, and engines. Experts are often essential in such cases.

Road Design

Road design liability can be asserted when issues like malfunctioning traffic signals, missing signage, unsafe guardrails, or specific roadway defects contribute to the accident. Many of these cases involve government entities and necessitate prompt filing of claims with the relevant city, county, or government agency, often within 30 days of the accident.

Wrongful Death

In cases where a loved one has lost their life due to the negligence or recklessness of another driver, you have the option to pursue a wrongful death lawsuit. Determining which family members have valid claims and collaborating with an attorney to prioritize wrongful death or survivorship claims is crucial in such situations.

Respondeat Superior

Texas recognizes the doctrine of Respondeat Superior, which holds employers responsible for their employees’ negligent acts while in the course and scope of their employment. For example, if you were involved in an accident with a vehicle from XYZ Construction, both the employee operating the vehicle and XYZ Construction itself may be held liable for your damages.

Negligent Entrustment

Under the theory of negligent entrustment, if a vehicle owner entrusts their vehicle to an unlicensed or incompetent driver, the owner may be held liable for your injuries.

POTENTIAL COMPENSATION FOLLOWING A CAR ACCIDENT IN TEXAS

In accordance with Texas law, you have the opportunity to seek reparation for both “economic” and “non-economic” damages when another party is responsible for the injuries sustained in a car accident. To begin, let’s explore the economic damages that may be recoverable when you’ve been involved in a car accident due to someone else’s negligence:

Medical Expenses

The responsible party is liable for covering all reasonable and necessary medical expenses you incur as a result of their negligent actions. This encompasses various medical costs, such as therapy sessions, adjustments, massages, medical devices, consultations with medical professionals, any required imaging procedures (CTs and MRIs), pain management, surgeries, or any other medically essential services. It’s worth noting that insurance companies may attempt to argue that some of your medical expenses were “unreasonable” or “unnecessary,” often employing medical experts to provide elaborate explanations or asserting the existence of a “pre-existing” condition.

Future Medical Expenses

You are entitled to compensation for the anticipated cost of future medical care that you will require over the course of your lifetime.

Lost Wages

Depending on the severity of your injuries, you may miss a certain amount of time from work. You have the right to seek compensation for all the income you lose during this period.

Loss Of Earning Capacity

The accident might result in your inability to perform your job to the same extent as before the incident. For example, if you were previously employed as a warehouse worker earning a substantial income and your injuries now limit you to a sedentary desk job due to an inability to lift heavy objects, you can pursue compensation for the difference in earnings you would have otherwise enjoyed over your lifetime.

Non-Economic Damages

Non-economic damages are more subjective in nature and are intended to provide recompense for the impact the car accident has had on your overall quality of life. These damages encompass:

Pain And Suffering

This compensation covers the physical pain and suffering endured due to your injuries following the accident. You can seek damages for both past pain and suffering and any future pain and suffering you may experience, with the severity of your injuries being a key factor in the assessment.

Mental Anguish

This includes compensation for emotional distress, such as fear, anxiety, grief, self-pity, and other forms of mental suffering resulting from the accident. Victims often endure emotional trauma following a serious accident, and you can seek damages for both past and future mental anguish.

Physical Impairment

This compensation applies to physical limitations brought about by the accident, such as the inability to bend or stoop as you once could or walking with a limp. You are entitled to seek reparation for both past and future physical impairment, and obtaining an Impairment Rating from a medical professional upon completing your treatment is advisable.

Loss Of Consortium

In the unfortunate event that your loved one was harmed or killed in the accident, this compensation covers the loss of companionship, sexual relations, affection, and comfort that you have experienced.

Punitive Damages

These damages are designed to penalize the at-fault party or parties for particularly malicious and egregious behavior. While they are challenging to obtain, punitive damages are typically recoverable in cases where the at-fault driver was intoxicated, particularly in DWI/DUI cases, where the driver’s actions are often deemed reckless rather than merely negligent.

VARIOUS TYPES OF ACCIDENT CLAIMS

After experiencing an auto accident injury, you may have multiple potential claims to pursue, some of which you might not be aware of. Below, you will find several insurance claims that could be accessible to you:

1. Liability Claim against the at-fault driver who operated a motor vehicle negligently or recklessly.
2. Liability Claim against the at-fault driver’s employer if they were working at the time of the accident.
3. Liability Claim against the owner of the at-fault vehicle if they entrusted it to an unlicensed or incompetent driver.
4. Property Damage Claim to cover the expenses needed for repairing or replacing your vehicle.
5. Diminished Value Claim for the loss of your vehicle’s value resulting from the accident.
6. Uninsured Motorist Claim through your own car insurance provider if the at-fault driver lacked the required liability insurance coverage.
7. Underinsured Motorist Claim through your own car insurance provider if the at-fault driver’s insurance limits may not be sufficient to cover your injury or property damage.
8. Personal Injury Protection (PIP) or No-Fault Benefits through your car insurance provider for reimbursement of medical expenses and lost wages related to the accident.
9. MedPay or No-Fault Benefits through your car insurance provider to cover medical expenses (with potential repayment if you obtain compensation from a third party).
10. Underinsured Motorist Coverage (UIM), which compensates you if the at-fault driver(s) lack sufficient liability coverage.
11. If someone in your household has underinsured motorist coverage on their auto policy, you may be eligible for such coverage.

It’s crucial to seek permission from your own insurance carrier before settling with the at-fault driver’s insurance company to ensure your eligibility for underinsured motorist proceeds.

Your car insurance company is obligated to act in good faith and treat you fairly. If they deny your underinsured motorist coverage claim without reasonable cause, you may have the right to file a lawsuit for bad faith insurance practices.

Uninsured motorist coverage (UM) becomes vital if the other party involved in the collision lacks insurance or if you were in a hit-and-run accident.

Remember that uninsured motorist coverage applies only if there was physical contact between the at-fault driver’s vehicle and yours. You also have the option to file a bad faith lawsuit against your insurance company if they unreasonably deny your claim.

UNDERSTANDING INSURANCE COMPANIES: WHAT YOU SHOULD BE AWARE OF

Despite their advertisements, insurance companies are not unequivocally on your side. In reality, they allocate a substantial amount of money to lobby Congress and the Senate for favorable legislation, ranking just behind the healthcare industry in this endeavor. In 2021 alone, they spent a staggering $111 million in pursuit of their interests.

This holds true even in Texas, where insurers devote significant resources to shaping the rules in their favor. Their treatment of injured individuals may not align with fairness, and they strive to make their actions legally acceptable. Bearing this in mind, here are some key points to consider when dealing with insurance companies:

Your Calls Are Recorded For Their Benefit:

Despite the recorded message claiming calls are for “quality assurance,” your statements can and will be used against you.

Profit Is Their Primary Goal:

Insurance companies exist to generate profit and appease their investors. Reporting an unprofitable outcome can lead to a decline in their stock prices, potentially costing them millions and putting top executives’ jobs at risk. To avoid this, they employ tactics to delay, deny, or minimize claims.

Beware Of Adjusters:

Adjusters are aware that blatant intimidation is counterproductive. Instead, they often adopt a friendly and trustworthy demeanor, hoping you’ll lower your guard and disclose information detrimental to your claim. Don’t fall for their act; always exercise caution.

Never Rush To Sign Documents:

When insurance companies swiftly send you forms for signing, it’s an attempt to rush you into accepting a settlement without fully evaluating its fairness. You are not obligated to accept their offer immediately; in fact, Texas law provides a two-year window from the accident date to file a lawsuit if needed. Consult with a lawyer to ensure you’re making an informed decision and not leaving potential compensation on the table.

UNDERSTANDING THE INSURANCE CLAIMS PROCESS

Following a car accident, the initial step is to file a claim with the at-fault party’s insurer. They’ll request evidence regarding the extent of your injuries and the medical treatment received.

The insurer conducts its own investigation, typically asking for:

• Accident photos
• The police report
• Witness contact details
• They may also request an examination by a doctor of their choosing. These so-called “independent medical examiners” often produce findings favorable to insurers, as they receive a substantial volume of referrals from them.

While the law does not compel you to see the insurer’s doctor in Texas, they may require it if a lawsuit is filed, but only with “good cause.” Your attorney can impose restrictions on the choice of doctor and examination procedures.

After completing their investigation, the insurance company will present an offer. You have three options at this point:

• Accept the offer
• Make a counteroffer
• Seek advice from an accident lawyer to ensure a fair offer.

Insurer Not Treating You Fairly? Call (972) 947-3370 to Get Your Free, No-Obligation Consultation Today!

UNDERSTANDING MONEY AND COMPENSATION

To grasp the mechanics of money and compensation, consider the following aspects. A certain amount of money is essential to sustain your quality of life. When you encounter an at-fault driver, it is reasonable to expect compensation from them. This stems from the belief that had they been driving responsibly, you wouldn’t be facing injuries, pain, suffering, and a diminished quality of life.

Anticipated Recovery Amount

It’s important to note that the potential recovery in your case can be influenced significantly by your attorney’s expertise and personal commitment. While you may have the opportunity to interview numerous car accident lawyers in the Dallas region, they generally fall into three distinct categories:

Settlement Mills

These law firms saturate the television with advertisements and erect billboards wherever they can. They employ snappy marketing techniques and showcase stories of clients winning substantial sums. Although they may appear persuasive, the issue with volume-driven firms lies in their motivation to expedite cases through settlements and legal procedures as swiftly as possible. Their primary objective is often to cover their extensive monthly marketing expenses and overhead. Consequently, your case might not receive the individualized attention it necessitates to ensure you receive the compensation you rightfully deserve. Some of these firms also employ high-pressure tactics to push you into quick decisions.

While a few accident victims do secure sizable settlements through such firms, the average person may receive less than they are entitled to. Therefore, it’s advisable to exercise caution when dealing with these firms.

Large, Impersonal Firms

These firms are not as fixated on rushing through your claim, but their approach still carries certain risks. Initially, you may meet with an experienced senior attorney, but a significant portion of the actual work may be delegated to less experienced junior attorneys and paralegals. In some instances, even the courtroom arguments may be conducted by a junior attorney, if the situation demands it. It is crucial to inquire about who will be handling the core aspects of your claim and assess their qualifications.

Small Firms Emphasizing Personal Relationships

In contrast, smaller law firms operate with just a handful of lawyers and a compact support team. Rather than prioritizing quantity, these firms prefer taking on a limited number of cases. This approach ensures that your case receives the specialized attention and time it deserves. Ultimately, this increases your chances of securing the maximum compensation for your injuries.

Types Of Compensation You Can Recover

When pursuing compensation for your accident-related losses, you can expect to recover the following financial damages:

• All past, present, and future lost income, including lost earning capacity.
• Medical expenses incurred in the past, present, and future.
• Costs associated with in-home care.
• Damage repair expenses for your vehicle.
• The diminished value of your vehicle.

Additionally, you have the right to seek compensation for non-economic damages, which may encompass:

• Mental anguish, both past and anticipated in the future.
• Physical impairment, both past and anticipated in the future.
• Pain and suffering, both past and anticipated in the future.
• Disfigurement.
• Punitive damages.
• Loss of household services performed by the injured party.
• Loss of companionship.

It’s important to note that this list is not exhaustive, and your attorney should carefully evaluate your case to determine all available damages based on the specific circumstances and facts of your situation.

HOW INSURERS DETERMINE THEIR PAYMENT DECISIONS

The process by which insurers determine their payouts is often regarded as biased. Insurers actively employ lobbyists to influence the creation of laws that favor their interests, laying the foundation for offering compensation lower than what is deemed fair. Furthermore, they exert significant effort to minimize their financial liability, even attempting to avoid payment entirely.

Insurance companies frequently contract third-party entities to review and scrutinize medical bills, or they conduct these audits themselves.

Spoiler Alert: Regardless of the magnitude of your medical expenses, the insurer or its favored third-party auditor will invariably assert that the charges are excessive. Additionally, they may argue that some or all of the medical treatments you received were unnecessary or unreasonable.

Carriers typically consider wage loss compensation only if you provide a letter from your treating healthcare provider explicitly stating your inability to work and the reasons behind it.

After reducing your economic damages to the minimum, insurers typically offer a certain amount for “general damages,” based on proprietary computer software heavily influenced by billing and diagnostic codes.

Spoiler Alert: They utilize automated processes to insulate their claims adjusters from forming emotional attachments, striving to reduce you to mere statistics on paper. It might seem quite astonishing, doesn’t it?

STRATEGIES EMPLOYED BY INSURERS TO DIMINISH CLAIM VALUE

The largest insurance corporations amass fortunes by not readily disbursing funds. They work diligently to shape the rules of the insurance game by lobbying lawmakers at both state and national levels. Moreover, they employ tactics to minimize their payouts as much as possible.

These are some common strategies they employ to reduce their financial obligations to you:

Assigning Fault To You

In Texas, the “comparative negligence” rule applies, permitting you to be partially responsible for your injuries. If your responsibility exceeds 50%, you receive no compensation at all. Insurers may try to argue that you bear partial fault when, in fact, you bear none.

Shifting Blame To Others

Insurers may attempt to place some or all of the blame on parties other than their policyholders, such as other drivers, manufacturers of allegedly defective auto parts, or government entities responsible for road maintenance.

Citing Pre-Existing Conditions

Insurers might claim that the accident did not cause your injuries, asserting that you had pre-existing conditions. Compensation cannot be granted for pre-existing conditions, but if the accident worsened your injuries, you can seek compensation for the extent of exacerbation.

Failure To Mitigate Damages

Insurers may argue that you did not take actions to minimize your losses, legally known as “failure to mitigate damages.” For instance, they may contend that you failed to seek medical treatment when doing so could have mitigated the severity of your injuries.

Expired Statute Of Limitations

In Texas, you have a two-year window from the date of the accident to file a lawsuit. Failure to do so renders your claim invalid, even during negotiations.

Assumption Of Risk

Insurers may assert that you knowingly entered a hazardous situation, invoking “Assumption of Risk” to argue that you, rather than the insurer, bear responsibility for your injuries.

Minimal Property Damage

Insurers may assess the extent of vehicle damage and claim that it cannot account for the injuries you sustained. A counterargument is that the human body absorbs most of the impact in an accident.

Gaps In Medical Treatment

Insurers may exploit interruptions in medical treatment, which have become more common due to COVID-19, to dispute the validity of your claim. You can counter this by explaining that you were attempting to endure the pain.

Intentionally Misleading Questions

Insurers may ask questions with the intention of extracting information to use against you, posing inquiries with no clear “correct” answers or in a deliberately confusing manner.

If the insurer’s offer appears unfair, contact (972) 947-3370 for a free, no-obligation consultation today!

WHAT IF YOU HAD AN ACCIDENT WITH AN UNINSURED OR UNDERINSURED MOTORIST?

In the unfortunate event that 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, you have insurance coverage for such situations. While Texas law does allow individuals to opt out of this type of coverage by signing a waiver, very few choose to do so, for obvious reasons.

In some instances, the uninsured driver may possess enough personal assets to cover the damages they’ve caused, or they may have simply forgotten to renew their auto insurance. However, more often than not, uninsured drivers have limited financial resources and cannot afford insurance. Even if you were to win a lawsuit against them, they may lack the means to compensate you. In such cases, your best course of action is to file a claim with your own insurance company, as they typically offer uninsured motorist coverage.

Nevertheless, it’s important to note that your insurance company may not be eager to pay out more than necessary. Consequently, they might subject you to the same challenges you’d face 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 situation of the other driver and help you navigate the situation if they are unable to provide adequate compensation for your injuries.

HOW LONG DOES IT TAKE TO RECEIVE A SETTLEMENT OFFER?

The duration it takes to resolve an accident claim can vary widely and depends on the specific circumstances surrounding your case. Several factors can influence the timeline, including:

The Extent of Your Injuries:
It’s advisable to wait until you have reached a point of “maximum medical improvement,” as determined by your doctor, before accepting a settlement. This milestone is crucial because it allows for a full assessment of your current and potential future medical expenses. Accepting a settlement prematurely could leave you burdened with unmanageable medical costs.

The Insurance Company:
Different insurance companies have varying approaches to negotiating claims, leading to differing timelines.

Legal Representation:
If you have retained an attorney, the insurer may delay making an offer. They do this because they are aware that you may be facing mounting expenses you cannot afford. This delay can exert pressure on you to accept an offer that may fall far short of what you truly deserve. Therefore, it’s advisable to involve a lawyer as early as possible in the process.

WHAT HAPPENS IN ACCIDENTS INVOLVING CITY OR GOVERNMENT OFFICIALS?

When you’re involved in an accident with a city, county, school, or government vehicle, the legal processes and rules can become more complex. It’s crucial to follow specific procedures, such as providing a “Notice of Claim,” in the manner prescribed by the state, county, or city within a set timeframe. Typically, this period is around 6 months, although some municipalities may allow as little as 90 days. Consulting an attorney promptly in such situations is essential, as failing to proceed correctly could result in your claim being permanently barred. Additionally, claims against government entities often involve limitations on damages.

This might seem unfair, but it’s rooted in the concept of “sovereign immunity,” adopted when our nation was first formed. This means that rulers cannot be sued. However, in 1969, the Texas Tort Claims Act was enacted to permit lawsuits for accidents involving government vehicles or incidents on government property.

COMMON MISCONCEPTIONS ABOUT ACCIDENT CLAIMS

It’s essential to understand that the legal system can be different from what you initially expect, which is why seeking legal representation is a wise choice. Here are some common misunderstandings our clients often have when discussing their claims:

• The at-fault party may not be responsible for covering all your medical expenses. Texas law typically obligates them to pay for “reasonable” medical bills and healthcare.
• Most claims can be settled without going to court, and experienced litigators handle courtroom proceedings if necessary.
• Minor injuries should not deter you from seeking legal advice, as some injuries may not fully manifest immediately.
• Filing a claim isn’t necessarily about greed or frivolity; it’s often about obtaining fair compensation for injuries caused by someone else’s negligence.
• Claims can vary in resolution time, depending on the circumstances and evidence involved.
• While insurers may be reluctant to pay, they are legally obligated to do so, and the quality of your legal representation can impact the outcome.
• Even if the at-fault party lacks sufficient funds, their insurance should cover the costs, and uninsured/underinsured motorist coverage can be useful in rare cases.
• While it may be uncomfortable, you should still consider filing a claim against a family member or friend if they are responsible for your injuries, as insurance usually handles the compensation.
• Delaying your claim until your injuries heal can jeopardize your case due to evidence loss and other complications.
• Insurance companies may make quick offers, but these may not always be fair, and it’s wise to consult with an attorney to ensure proper compensation.
• Your own insurance may not provide the coverage you expect, making legal assistance necessary to secure fair compensation.
• Holding out for a larger settlement may not always be the best strategy, as insurers may use delays against you.
• While the legal process may not always be swift, it’s a crucial avenue for obtaining fair compensation, and the majority of cases are settled before reaching the courtroom.
• Legal fees are part of the process, but skilled attorneys can increase the overall value of your case, ensuring you receive more even after paying fees.
• Filing a claim is unlikely to financially ruin the at-fault party, as their insurance typically covers the damages, though it may affect their premiums and insurer relationship. Ethical lawyers will advise you of potential fee implications upfront during a free consultation.

FREQUENTLY ASKED QUESTIONS ABOUT MOTOR VEHICLE ACCIDENTS

If you’ve been in a car accident and are seeking compensation for your injuries and losses, you may have several questions about the legal process. Here are some common inquiries about car accident cases:

How Do You File An Accident Claim?

To initiate an accident claim, it’s essential to contact your insurance company promptly. Provide them with all the relevant accident details, including any necessary documentation, such as a police report. Your insurance provider will guide you through the claims process. Be aware that both your insurance company and the at-fault driver’s insurance may ask for a recorded statement regarding the accident. It’s crucial to have legal representation to ensure you answer questions fairly and appropriately, as insurance adjusters may pose tricky or misleading queries.

When To Begin The Claims Process?

Starting the process of setting up insurance claims with your insurance company and the at-fault driver’s insurer should occur as soon as possible. Delaying this step can complicate matters, as the at-fault driver might change their statement once contacting their insurance company. Starting claims promptly ensures quicker vehicle repairs or replacement and faster recovery of initial medical expenses.

What Are The Minimum Liability Insurance Limits In Texas?

Texas has minimum car insurance liability limits of $30,000.00 per person and $60,000.00 per accident. It’s crucial to explore all available first-party insurance proceeds you may be entitled to, as these minimum limits may not cover all damages. Some at-fault drivers might have higher insurance limits.

What Damages Can I Recover?

Recoverable damages in a car accident case may include medical bills, lost wages, pain and suffering, and property damage. An experienced attorney can help assess the full extent of your damages accurately.

How Long Does A Case Take To Resolve?

The duration of a case varies depending on its specifics. Some cases can be settled through negotiations with insurance companies, while others may necessitate litigation. An experienced lawyer can provide a more accurate estimate of your case’s timeline.

What If The Other Driver Doesn’t Have Insurance?

If the other driver lacks insurance, you may still recover compensation through your own insurance policy, provided you have uninsured motorist coverage. Consult with a lawyer to understand your options.

What Should I Expect During The Legal Process?

In the legal process, your attorney will gather evidence, negotiate with insurance companies, and possibly file a lawsuit on your behalf. You may need to provide testimony or participate in depositions, but your lawyer will keep you informed throughout the process.

What If I Was Partially At Fault?

If you share some fault for the accident, your compensation may be reduced proportionally due to comparative negligence. An experienced attorney can help you comprehend how comparative negligence may affect your case.

What Can I Do If I’m Facing Immediate Financial Hardship?

In cases of immediate financial hardship, you can explore “law loans,” which provide cash advances to bridge the gap until your settlement funds arrive. These advances are usually repaid with interest, but terms can vary, so it’s essential to shop around for favorable rates.

How To Handle Accumulating Medical Bills?

Mullen & Mullen can connect you with medical professionals willing to delay payment until after your claim is settled. This ensures that mounting medical bills don’t cause additional financial strain.

Does The At-Fault Driver’s Employment Status Matter?

Yes, Texas recognizes the doctrine of Respondeat Superior, holding employers responsible for their employees’ negligent acts while in the course and scope of employment. This can impact the available resources for satisfying a judgment.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage provides compensation when the at-fault driver’s insurance doesn’t have sufficient liability limits. Consulting with your own insurance carrier before accepting the at-fault driver’s offer is crucial to ensuring eligibility for underinsured motorist proceeds.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage is essential if the other driver lacks insurance or is involved in a hit-and-run incident. However, it applies only if there was physical contact between your vehicle and the uninsured driver’s.

Should You Use The Recommended Body Shop?

It’s not advisable to use the body shop recommended by the at-fault driver’s insurance company, as they may prioritize lower repair costs. You have the right to choose your own body shop or dealership to assess and repair the damage to your vehicle.

Does The At-Fault Driver’s Insurance Provide A Rental Car?

Yes, the at-fault driver’s insurance company generally covers a rental car, but only if your car is repairable and not declared a total loss. If your vehicle is fixable and drivable, you’re entitled to a similar rental vehicle during the repair period.

What Is A “Total Loss”?

A “total loss” occurs when your vehicle is deemed irreparable following an accident. In such cases, you can typically recover the fair market value of your automobile based on open market sales, rather than relying on sources like Kelly Blue Book or NADA Book Value.

Can You Get A Rental Car Assistance?

Mullen & Mullen can help you secure a rental car while your vehicle is being repaired or evaluated by the insurance company.

Can You Recover Diminished Value?

Yes, if your new car sustains damage in a collision, it can impact its future resale value. Our attorneys can help you recover damages for this diminished value, which may require an Expert Report.

Can You Get A Loan For Immediate Financial Hardship?

Organizations exist that offer “law loans” to provide financial assistance until your case settles. These loans typically require legal representation, and terms can vary, so it’s important to explore your options.

How Does Your Family Doctor Appointment Affect Your Case?

It’s advisable to see your family doctor if you’re injured in an automobile accident. However, some family doctors may be hesitant to treat accident victims due to billing concerns. It’s essential to consider medical providers with experience in treating accident-related injuries.

What Happens If Your Health Insurance Pays Some Bills?

If your health insurance or other entities pay for medical bills related to your case, they may have a right to reimbursement from any third-party settlements. This is known as subrogation, and our attorneys can work to reduce these liens.

What If You Receive A Hospital Lien Notice?

Hospitals may file liens on your case proceeds if you received treatment within 72 hours of an accident. Our attorneys have experience negotiating with hospitals to reduce these liens.

Can You Recover Lost Income?

Lost income due to injuries sustained in an accident can be recovered as part of your claim, provided it’s reasonable and necessary.

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 records and bills, and have taken into account 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 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.

Does Having Some Fault In The Accident Bar Me From Receiving Compensation?

No, it does not. Unless the jury assigns you more than 50% of the fault for the car wreck, you can still seek compensation. Even if both you and the at-fault party are found to be equally responsible (50% each), you can still recover damages, although the awarded amount would be reduced by 50%.

Does The Extent Of Damage To My Vehicle Matter?

Yes, it does matter 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 Considered “Reasonable And Necessary” Medical Bills?

According to 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 delay seeking medical attention for an extended period after 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 your car accident injuries prevent you from operating heavy machinery but you can 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%.

Do The At-Fault Driver’s Insurance Company Have Any Obligations Toward Me?

No, the liability insurance carrier for the at-fault driver is not obligated to prioritize your interests. They may attempt to delay and deny your accident injury claim and may not take you seriously if you are not represented by an attorney. Our Dallas car accident law firm can communicate with them directly and ensure they treat your case seriously.

Does My Own Insurance Company Have Any Obligations Toward Me?

Yes, your automobile insurance carrier owes you duties of good faith and fair dealing. If they fail to exercise good faith, you may have legal recourse under the Texas Insurance Code and Texas Deceptive Trade Practices Act. Even when dealing with your own insurance company, having legal representation can ensure they take your case seriously.

What Happens If I Decline 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 they were working at the time of the accident. 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 File A Lawsuit?

The decision to settle or file a lawsuit depends on the specifics of each case. Sometimes, an offer of $20,000.00 before filing a lawsuit can result in more money in your pocket compared to a $30,000.00 offer after litigation. Various factors must be considered, including the attorney’s contingency fee percentage, increased case expenses in litigation, the timeline of litigation, and the potential impact on law loans and lienholders. Our goal is to recommend the option that maximizes your compensation.

What If Your Child Was Injured In A Car Accident?

If your child has been injured in a motor vehicle collision, the liability insurance carrier may require a Minor Prove-Up Hearing to have a judge approve any settlement. In such cases, a Guardian Ad Litem will be appointed to ensure the settlement is in the best interests of your child.

Will Your Case Affect Your Workers’ Compensation Claim?

No, your Workers’ Compensation claim will not be interfered with. Your Workers’ Compensation carrier may place a lien on your settlement proceeds, but they typically work with your attorney to reduce the lien amount and assist in reaching a settlement.

Ready to Begin?

The Mullen & Mullen family is here to address your concerns and guide you through the recovery process. There are no upfront fees, and you only pay if we win your case.

CONTACT US FOR A FREE CONSULTATION

Call (972) 947-3370 to talk to a Plano 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.

Seriously Hurt? We’ll Come to You!

PLANO OFFICE

Mullen & Mullen Law Firm in Plano0
8105 Rasor Boulevard #237
Plano, TX 75024
Call (972) 947-3370 today!
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