Frequently Asked Questions:    

1. Is it true that "everybody wants to sue everyone else for everything?"

Answer: No. I have found in my 29 years of law practice that the vast majority of clients do not want to engage in litigation, as they cannot afford it, it is stressful, and the outcome is uncertain. Large corporations, however, want folks who may eventually serve on juries to believe that myth in an effort to prejudice the plaintiff’s right of recovery and ultimately to reduce any damage award.

2. Is it true that the courts are "clogged with frivolous cases?"

Answer: No. Again, this is a myth perpetuated by large corporations. I am not denying that the courts are very busy as a general rule. Occasionally frivolous cases are filed and eventually dismissed, just as some defendants assert frivolous defenses in an effort to avoid responsibility for their actions. However, it is a gross exaggeration to say that the courts are "clogged" with meritless cases. In any event, the purpose of a court of law is to separate the cases lacking merit from those that are legitimate.

3. Should I believe judges at campaign time when they say they "interpret the law and do not make new laws?"

Answer: No. The law is infinitely complex, and judges, whether conservative or liberal, are occasionally faced with novel fact situations for which there is no precedent. The United States Supreme Court, composed of the nation’s finest judges, will often split five to four on the meaning of the law and its "interpretation." Judges, be they conservative or liberal, will often make new law, whether they admit it or not.

4. Is it true that lawyers are "expensive"?

Answer: That depends. Different lawyers charge different fees, even for the same type of work, so you should talk to several lawyers and ask them their fees for the kind of legal work you need. If you cannot afford an attorney, you should find out whether a "Legal Aid" Society exists in your geographic area as you may be eligible for those services. Additionally, in some cases attorneys will take cases on a "contingent fee" basis and you may not have to pay for an attorney "up front." Instead, you would pay for those legal services out of any funds you might receive at the end of your case.

5. I had a car accident where I was rear-ended and the impact hurt my neck. The insurance adjuster looked at my bumper, determined the cost of repair was below $1,000.00, and told me I could not have been hurt in such a minor impact. Is the adjuster correct?

Answer: I know of no insurance adjusters who are medical doctors. The business of diagnosing injuries is the domain of doctors, not insurance adjusters. If you are hurt in an automobile accident, you should see a qualified medical specialist such as an emergency room doctor, family doctor, or chiropractor to diagnose your injuries. If adjusters hit you with the low impact argument and tell you that you are not hurt, they are simply trying to save their company money and to discourage you from pursuing your claim.

There are some very important things you should know in this area that are specific to the laws of Texas. The Supreme Court of Texas has ruled that the at-fault driver’s insurance company does not owe you a duty of good faith and fair dealing in negotiations over your injury. However, you may have legal rights under negligence law which you can enforce in court if you are abused by an unscrupulous adjuster. You should always seek the advice of an attorney if you believe an insurance adjuster has treated you unfairly.