Injured because of someone else’s negligence and unsure what comes next? Our concise FAQs clarify claims, insurance, timelines, and costs so you can move forward with confidence. For advice tailored to your situation, contact the Law Office of Shane Kadlec, a certified personal injury trial lawyer, today.
Personal Injury FAQs
Answer: A primary factor in resolving personal injury claims is determining whether someone else’s negligence contributed to your injuries. A person can be considered negligent if they act in a way that a reasonable person would not, or if they fail to do something a reasonable person would. If this action or inaction leads to your injuries, you may have a claim.
If you are unsure whether you have a valid claim, consider speaking with a lawyer to learn more. Our firm offers free consultations to discuss your potential case.
Answer: It may seem like this is the end of your claim, but you may be able to appeal the decision if your claim is denied. An attorney can help you file an appeal in the days after the decision has been made, but it is important to appeal quickly, because there is a statute of limitations for the appeals process.
Answer: First, contact an attorney. Having a lawyer review the offer before you accept it is an important way to ensure that the insurance company isn’t offering a sum that is too low to aid you in recovery. This is especially important for catastrophic injuries, because they can require long-term medical care, and they may prevent you from earning a similar salary to what you earned before the accident.
Answer: Most personal injury cases are handled on a contingency fee basis, which means that an attorney’s payment is dependent on the success of the case, and they are paid nothing unless they win. If your case does succeed, then payment varies depending on how much compensation you are awarded, the facts of your case, and its complexity.
Answer: One of the first things that you should look for is experience working personal injury cases. This knowledge is a great asset when an attorney is guiding you through the process of filing a claim and can be key to courtroom success if negotiation is unsuccessful. One marker for this is board-certification in personal injury law, which shows a higher level of experience in this practice area. Another thing to look for is an attorney who can meet with you directly. Not only does this help your attorney get to know your claim and fully understand the impact that your injury will have on your life, but it also means that you can ask any questions that you might have directly.
Answer: First-party coverages (health insurance, Personal Injury Protection (PIP), MedPay, or uninsured/underinsured-motorist (UM/UIM) benefits) usually pay initial bills. The at-fault party’s liability insurer reimburses those costs in a settlement or judgment, and your health insurer may seek repayment (subrogation) from that recovery.
Answer: Yes. Bring pay stubs, tax returns, or an HR letter to show the days or hours you missed. If your injuries limit future earnings, you can also claim diminished earning capacity, often proven through vocational or economic experts.
Answer:
- Medical treatment & investigation (1–6 mo.)
- Demand package & negotiations (2–4 mo.)
- Suit & discovery (6–18 mo.)
- Mediation/settlement or trial.
- Straightforward claims may resolve in under a year, while complex or high-value cases can take several years, especially if they reach trial.
Answer: Expect an emergency room or urgent care visit, follow up appointments with your primary doctor, imaging like an X-ray or MRI, physical therapy, pain management injections, or surgery in severe cases. Keep every appointment and follow medical advice, as gaps in care can hurt your claim.
Answer: All Texas lawyers are licensed. Only those who pass an additional peer review and trial experience process earn Board Certification from the Texas Board of Legal Specialization. Fewer than 3 % of Texas lawyers hold this credential in Personal Injury Trial Law. Shane Kadlec is one of the 3%, so you are in safe hands.
Answer: You’ll speak with an attorney at no cost. We will:
- (1) Listen to the facts
- (2) Explain your legal rights and potential damages.
- (3) Outline the next steps and timeline.
- (4) Answer your questions. No obligation to hire the firm.
Motor Vehicle Accidents FAQs
Answer: Move to safety, call 911, accept medical evaluation, photograph the scene and vehicles, exchange information, avoid admitting fault, report the crash to your insurer, and consult a lawyer before giving a recorded statement.
Answer: There may be more than one party you could recover damages from. The drunk driver himself, of course, is liable for any harm he causes. If the drunk driver had insurance, then filing a claim with his insurance company is usually the first step. However, in Texas, you may have a third option. Our “Dram Shop” laws can sometimes be use to hold a drinking establishment liable for harm caused by one of its patrons.
Answer: Under Texas’s Dram Shop laws, a bar, club, restaurant, or other business where alcohol is sold for consumption on the premises can be held liable if they furnished alcohol to a person who was clearly already intoxicated, and that person went on to cause harm to others as a result of their intoxication.
Answer: While a DUI arrest can make it easier to prove your case, it is not necessary. Our attorneys may be able to use other evidence to show a civil court that the driver’s intoxication caused the accident.
Answer: You may be able to recover financial compensation for a wide variety of expenses and financial losses related to the accident. This includes current and future medical bills, lost wages including impairment to future earning capacity, and compensation for emotional harm and loss of enjoyment of life. We will help you carefully calculate the amount of compensation to demand.
Answer: If the at-fault driver’s carrier accepts liability quickly, you can handle both there. If fault is disputed, or you carry collision coverage, using your own insurer for PD may speed up repairs; your carrier will then pursue reimbursement.
Answer: Drivers who are under the influence of drugs other than alcohol are still liable if they cause an accident while intoxicated. People who are under the influence of marijuana, street drugs, or even certain types of prescription drugs may be unable to drive safely, and they are responsible for the harm they cause due to their impaired driving.
Answer: Yes. Lack of insurance may lead to tickets or license suspension, but you may still file a third-party injury claim against the at-fault driver’s liability coverage.
Answer:
- Liability (BI/PD) – pays others when you are at fault.
- Collision – repairs your car after a crash.
- Comprehensive – covers theft, hail, flood, and other non-collision losses.
- Uninsured/Underinsured Motorist (UM/UIM) – pays when the at-fault driver has little or no insurance.
Answer: If you are found at fault, Texas insurers may add a surcharge that lasts up to three years. If you are not at fault and the other driver’s insurer pays, your rates typically remain unchanged.
Answer: Passengers who are hurt while riding with a drunk driver can still seek compensation. The intoxicated driver’s liability insurance, and in some cases the car owner, an overserving bar, or a social host, may cover your losses, while your own UM or UIM policy, PIP, or MedPay can make up any shortfall. Insurers may argue that you assumed the risk by accepting the ride, yet drunk driving usually satisfies any gross negligence or guest statute requirements. Act quickly and hire an experienced personal injury lawyer to untangle multiple insurance layers, comparative fault arguments, and strict filing deadlines.
Answer: If a member of your immediate family lost their life in a DUI crash, you may be able to file a wrongful death lawsuit. In these cases, you may be able to recover compensation for the loss of your family member’s financial, domestic, and emotional support, as well as certain other damages that your family member could have recovered had they survived, including any medical bills they accrued before passing.
Answer: DUI crashes tend to be severe because alcohol slows reaction time and clouds judgment, leaving drivers little opportunity to brake or swerve, so collisions often occur at nearly full speed. Impairment also causes drivers to drift out of their lane into oncoming traffic or sideswipe nearby vehicles, producing violent head-on or broadside impacts that greatly magnify crash forces and injuries.
Dental and Medical Malpractice FAQs
Answer: Medical doctors are common defendants in medical malpractice lawsuits, although they are not the only licensed professionals who can be held accountable for medical malpractice. Dentists, registered nurses, nurse practitioners, pharmacists, optometrists, chiropractors, physician assistants, and even a healthcare facility as a whole can be sued for medical malpractice.
Answer: If a doctor or other licensed health-care professional causes avoidable harm to you, then you may have a malpractice case. Common types of medical negligence that lead to malpractice litigation include surgical errors, missed or delayed diagnoses, negligent prescribing, or medication errors. Neglect and abuse in nursing homes is another large category.
Answer: Healthcare professionals have a duty to use the level of care demanded by the standards of their profession and to act as a reasonable person with the same level of experience would in a similar situation. The first thing that must be proven is that the professional has violated this duty by acting carelessly or by failing to act when they should have. It must then also be demonstrated that you suffered harm as a result. These are the main elements that must be proven to sustain a successful malpractice claim.
Answer: Dental malpractice can leave a person with lasting pain or disfigurement. Common dental errors include mistaken extraction, anesthesia errors, unnecessary procedures that are frequently profit-driven, and infections caused by equipment that was inadequately sanitized.
Answer: When a patient consults with a healthcare professional with a concern about their health, the provider has a duty to make reasonable attempts to discover the cause of the patient’s symptoms. Doctors sometimes fail to take a complaint seriously, and they may not conduct reasonable testing in pursuit of a diagnosis. This can lead to dangerous health conditions progressing unchecked until they can no longer be treated as easily or successfull. This is known as a delayed diagnosis. Diagnoses that are missed entirely may be discovered only when the disease is terminal or after an autopsy.
Answer: Surgeries do not always go perfectly. Often, this is due to a careless mistake by the surgeon or one of their assistants. Having a foreign object left inside you, contracting an infection due to poor sanitization, having the wrong operation performed, or suffering a serious and avoidable complication can all amount to medical malpractice.
Answer: Often, the party who has the best proof of medical negligence is the provider themselves. Hospitals may be reluctant to turn over information that could be used against them in court, and some patients do not even learn of the malpractice until many years after the incident giving rise to the claim. Fortunately, an attorney may be able to compel the health care provider to turn over the records you need.
Answer: Vulnerable adults living in nursing facilities deserve high-quality care. Those with a loved one living in a nursing home should be aware of a few common signs that neglect or abuse is taking place, including unexplained injuries or falls, sudden personality changes, fast weight loss, bedsores, and fearful behavior. Poor hygiene and cleanliness or unanswered call lights may also be cause for great concern.
At Law Office of Shane R. Kadlec we strive for client satisfaction and as always, we sincerely appreciate your referrals. For a free telephone consultation, call us at 281-643-2000.