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Houston Personal Injury Attorneys
No one knows the system more than the personal injury lawyers at Johnson Garcia LLP—for years we represented corporations, experience that has helped us master our strategy for getting maximum recoveries for our clients. No one will fight harder for you, and no one brings the same singular commitment and personal focus that Johnson Garcia LLP will provide you along the way to recovery. In fact, we are so dedicated to your success that you won’t pay us anything until we win for you.
Highly Qualified Representation
Daniel is a 7th generation Texan who grew up in a small town in Brazoria County, Texas where he learned the values of hard work. After finishing high school, Daniel moved to Austin to attend the University of Texas where he graduated with a degree in Philosophy while working late nights as the Venue Manager at a local honky-tonk called Stubb’s. Before law school, Daniel taught English to Japanese university students outside of Tokyo and also taught Spanish/ESL to low-income, inner-city high school students in Houston, Texas. Ultimately, Daniel chose the practice of law as his profession and began the journey that led to the founding of Johnson Garcia LLP, where he has earned a position among the most respected personal injury lawyers in the state.
Born as a native Texan in Brownsville to Mexican immigrants, Juan Garcia’s life and career as a personal injury lawyer are an inspiring story of hard work and dedication. Juan’s journey began with him working as a grocery store sacker at a young age. After years of hard work and tenacity Juan became a Senior Partner at Sutherland, one of the oldest, largest and most-respected law firms in the world. Juan left this lucrative and prestigious position to form Johnson Garcia LLP to pursue his passion—helping families and individuals who have been harmed by the wrongdoing of others.
Common Questions about Personal Injury
The average cost of a personal injury lawyer depends on two factors:
1. The settlement or compensation amount awarded in your case.
2. The contingency fee arrangement you signed when hiring the personal injury lawyer.
For example, if you receive a $100,000 settlement and you signed a contingency fee arrangement of 33 percent, your attorney will receive $33,000. This will be the “cost” of your personal injury lawyer.
But remember, with a contingency fee arrangement, you only pay this “cost” if and after your attorney wins your case. There are no upfront costs of hiring a personal injury lawyer and many even offer a free consultation to get started.
While you’re not required to obtain legal services for your case, there are many benefits that make it worth getting a personal injury lawyer.
To start, an experienced injury lawyer knows how to value your case and help ensure that you receive the maximum amount of compensation. Most importantly, your lawyer can manage the entire case process from start to finish, which takes a lot of stress off your plate.
For example, your lawyer will communicate directly with the other party’s insurance company to reduce the risk of you making a mistake like saying the wrong things that can ruin your case.
And remember, personal injury lawyers typically work on a contingency fee basis, so there’s no upfront costs or financial risk in working with an attorney.
Personal injury lawyers take on many types of cases, including:
- Car accidents
- Truck accidents/18-wheeler accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Insurance disputes
- Premises liability/Slip and fall accidents
- Wrongful death
Each of these personal injury cases includes different forms.For example, a car accident personal injury case can include drunk driving, distracted driving, drowsy driving, or a hit-and-run.
If you suffered an accident, it’s best to consult with a lawyer who has experience with your specific type of personal injury case. You can check the “Practice Areas” page on a personal injury lawyer’s website to see a list of the types of cases they take.
The best settlement offer is the one that pays out the most money. However, this amount will depend on: the severity and number of your injuries and damages, the type of accident you suffered, and the accident evidence you have to back up your claim.
First, your personal injury lawyer will take a look at the facts of your accident to determine the value of your case and how much is a good settlement amount to ask from the insurance company. Then, they will work on your behalf to get you the best possible settlement offer.
If you’re unable to reach a good settlement offer with the insurance company, your lawyer may take your case to court to pursue compensation.
Your settlement can be paid out in two ways:
- You’ll receive a lump-sum check; or
- You’ll receive structured payments over a set period of time.
Keep in mind that you will need to pay your lawyer’s contingency fee percentage (typically 33 percent) out of the settlement amount. Also, some settlement amounts are subject to taxes andother restrictions.
After you accept a settlement, you’re required to sign a form that releases the defendant and insurance company from any additional liability in connection with your claim. This means that if you change your mind about the settlement offer later on, you won’t be able to go back and ask for more money. Only accept “final payment” when you’re ready to close your claim for good.
Because most personal injury lawyers work on a contingency fee basis, a personal injury claim doesn’t cost you anything upfront. The only time you’ll pay money is if your lawyer wins your case. At that point, the lawyer will collect a percentage of your settlement money. The exact percentage (typically 33 percent) should be outlined in the contingency fee agreement that you sign when you hire your lawyer.
Although you don’t pay anything upfront, your lawyer will take on a variety of expenses with the goal of winning your case. These expenses include administrative work for handling your accident claim documents, collecting strong evidence, and hiring experts to support your case against the insurance company.
With so many personal injury lawyers to choose from, making sure you hire the right one can be challenging. Here are some steps you can take to make a more confident decision:
- Visit an attorney’s website to see if they handle your type of case.
- Read online reviews on Google to see what previous clients have to say.
- Contact the law firm directly to ask questions about how their process works.
- Ask friends and/or family if they have any recommendations.
Finally, the most important thing you should do is to carefully review the contract agreement when hiring the lawyer. This agreement will include information on the terms and conditions of your arrangement, including how much money the lawyer will take from your settlement amount.
The compensation you can get for pain and suffering depends on the circumstances of your case and the severity of your injuries. The court may use what’s called the “multiplier method” to calculate the exact amount of compensation for pain and suffering.
Using this method, the court will take the amount of your economic damages, like loss of income and medical bills, and multiply this total by a number between 1.5 and 5. The number represents the severity of your injuries, from minor to severe.
For example, if you have $15,000 in economic damages and the judge decides to use a multiplier of 2 because your injuries are moderate, you would receive a compensation total of $45,000: $15,000 for your economic damages plus $30,00 ($15,000 multiplied by 2) for pain andsuffering.
It’s best to hire a personal injury lawyer as soon as possible. Don’t attempt to tackle the complicated claims process on your own. There are many steps to take after an accident: seeking medical attention, finding witnesses, obtaining medical records, getting a copy of the police report, filing a claim with the insurance company, and more. It’s too easy to make one small mistake that can damage your claim and potential settlement.
It’s recommended that you leave this process to an experienced personal injury lawyer who knows all the tricks and challenges when dealing with the insurance company. Your lawyer will focus on pursuing maximum compensation while you focus on your physical recovery.
Remember, since most personal injury lawyers work on a contingency fee basis, there are no upfront costs when you hire a lawyer so there’s no financial risk to you.
There are two basic methods for calculating pain and suffering damage:
- Multiplier method: The court will multiply the total amount of your economic damages (medical bills, car damage) by a number between 1.5 and 5. This number represents the severity of your injuries, from minor to extreme.
- Per diem method: Your pain and suffering damages are calculated on a “per day” basis between the date of your injury and the date when your doctor releases you from treatment. So if the court assigns you a per diem amount of $110 per day and it takes you 100 days to recover from your injuries, you’ll get $11,000 for pain and damages.
The three types of damages in a personal injury claim are:
- General damages: These damages provide compensation for non-economic losses, such as pain and suffering and long-term emotional distress.
- Special damages: These damages provide compensation for direct financial loss, such as medical expenses, lost wages, and property damage.
- Punitive damages: These damages are awarded to the victim as a way of punishing the at-fault person for their extremely negligent or reckless behavior.
The details of your personal injury case will determine which of the three (3) types of damages you can seek, and how much money you can expect to receive for each type.
There are many types of personal injuries you can suffer, but not all of them will qualify you to file a personal injury claim.
The phrase “personal injury” refers to an injury suffered as the result of an accident, such as a car crash, a slip and fall, or pedestrian accident.
Common examples of a personal injury include:
- Traumatic brain injury, such as bleeding in the brain.
- Broken bones.
- Deep cuts.
- Soft tissue injuries.
- Loss of limb.
If you experience an accident, never assume that you’re okay, even if you don’t feel any pain in the moment. It’s important to seek immediate medical attention in case you have severe internal injuries.
Delayed or invisible injuries can take days, weeks, or months to appear. Seeking exams immediately after your accident will help you prove your injuries and demand full compensation for them through a personal injury claim.
In order to qualify for a personal injury case, you must be able to prove that the other person’s negligent actions (like if they were driving under the influence of alcohol or speeding through a red light) caused your accident and injuries. This is called “burden of proof”, because it’s up to you or your lawyer to prove that the other person was responsible.
To prove this, you will need to provide strong evidence, including your medical records, accidentphotos or videos, witness statements, and the police report. If you don’t have this evidence or it’s too weak, a lawyer may decide your accident does not qualify as a strong personal injury case.
If you’re not sure where you stand, it’s important to consult with a knowledgeable lawyer who can evaluate the facts of your accident and whether it qualifies as a good personal injury case.
A bodily injury claim is a request for compensation related to physical injuries suffered in an accident.
Bodily injury claims typically cover lost wages and medical expenses. In most cases, they’re paid by the at-fault driver’s insurance company or your insurance company.
To obtain compensation for a bodily injury claim, you must do the following:
- Receive immediate medical attention.
- Keep your medical records.
- Follow the treatment schedule outlined by your doctor.
- Take photos of the accident scene and your injuries.
- Collect other accident evidence like witness statements or video footage.
- Consult with an experienced personal injury lawyer.
It’s easy to confuse the difference between bodily injury and personal injury: “personal injury” is a type of claim that you can file against someone, while “bodily injury: describes a type of damage that you can receive compensation for in a personal injury claim.
In other words, personal injury is a type of civil claim filed against the negligent party responsible for causing your accident and injuries. Bodily injury is the physical damage sustained in an accident, such as broken bones, a brain injury, or paralysis.
The phrase “bodily injury” also refers to a specific type of auto insurance coverage.
Every personal injury case is different, so there’s no one-size-fits-all approach to winning a personal injury claim. However, there are basic steps that can position you for success:
- Receive immediate medical treatment to determine the extent of all your injuries.
- Collect evidence from the scene of the accident like photos or video.
- Maintain good records, such as medical records, medical bills, and conversations with insurance companies.
- Hire an experienced personal injury lawyer to negotiate with the insurance company.
- Don’t accept a first settlement offer from the insurance company.
These basic steps will help you win a personal injury claim and maximize the amount of compensation you may receive.
If your lawyer wins your personal injury case, how long it takes to get money from a settlement will vary, but you can generally expect to receive compensation within six to eight weeks.
In most cases, your lump-sum payout is sent to your attorney first, who will process the funds based on your contingency agreement. After your lawyer takes out his percentage (typically 33 percent), along with any legal costs of handling your case, what’s left of the money will be sent to you.
If you are in line to receive a large sum of compensation, the money may arrive based on a structured settlement schedule rather than a lump-sum check.