Frequently Asked Questions

  • When should I hire an attorney?
  • How long will my case last?
  • What kind of expenses are involved?
  • What are some tips for injury victims?
  • What are some DOs and DON'Ts after an accident?
  • What do I need to do to get a lawsuit started?
  • Can I get a lawsuit started for an injured family member?
  • What are the signs of brain damage or traumatic brain injury?
  • How is claim valued?
  • Which relatives are allowed to sue for wrongful death?
  • How is the value of a wrongful death case established?
  • Why should I hire an attorney?
  • Should I try to settle a case myself?
  • Can I afford a good attorney?
  • Should I give the insurance company a tape recorded statement?
  • Do I have a case if I was partly to blame?
  • What should I know before hiring an attorney?
  • What should I look for when choosing an attorney?
  • Do you make house calls or hospital visits?
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    1. When should I hire an attorney?

    An injured party or relative or close friend of an injured party should contact an attorney as soon after an accident as possible if you believe that another party may be at fault for the accident. This is necessary in order to counsel the injured party as to his rights and how to acquire adequate compensation for his injuries and any other damages, and to preserve any evidence and to investigate the case. You should keep in mind that the Statute of Limitation in Texas varies for certain types of accidents. For instance, in Texas, an auto accident involving a third party is generally governed by the 2-year Statute of Limitation. This means a lawsuit must be on file and the offending party served with the lawsuit no later than two years from the date of your accident or the case must have been completely resolved by that date. There are certain exceptions to this general rule that may shorten or lengthen the period depending on the facts. If you miss that 2 year deadline, your right to compensation may be forever lost. In some cases and in some states, the Statute of Limitation or Statute of Repose may be shorter and in some cases it is longer. There are certain Statutes of Repose which may also affect some claims such as injuries caused by older products. When in doubt, contact an attorney of your choosing as soon as possible.

    2. How long will my case last?

    Every case is different and involves different issues. As such, some cases are resolved in very little time depending on the parties, the events surrounding the accident, and the adjustors and/or attorneys involved. An exact timeframe cannot be given although once you contact an attorney, he or she will be able to tell you the process and procedures involved in making a claim against another party and the approximate amount of time it would take to litigate such a claim based on the information you give to the attorney and his investigation of the case.

    3. What kind of expenses are involved?

    The Baumgartner Firm operates on a contingency basis which means there is never an upfront fee. Once the case is evaluated and given merit by the firm, the client is asked to sign a retainer agreement, giving the attorney authority to pursue the matter against the at-fault parties on behalf of the client. In that document, the injured party agrees to pay the attorney a percentage of whatever recovery is made. In that document, the injured party also agrees to reimburse, from the settlement, any expenses the attorney may have incurred for things such as court filing fees, investigator, medical records, expert fees, reconstruction costs, etc. At no time is a client asked to pay these expenses up front. Also, if the case does not result in a settlement or verdict, no fee or reimbursement of expenses is require.

    4. What are some tips for injury victims?

    • Call an experienced attorney after an accident as soon as possible .
    • Cooperate and be honest with your attorney and his staff. All conversations are confidential and subject to the attorney-client privilege and cannot be divulged to any outside party.
    • Do not speak with insurance adjustors or anyone else who might contact you without your attorney's permission.
    • Follow your doctor's instructions completely to ensure complete and proper healing of your injuries.
    • Do not agree to settle your case with an insurance company or any entity involved because once you accept money or sign a release, you may sign away all your rights to further compensation.

    5. What are some DOs and DON'Ts after an accident?

    • DO seek prompt medical care for your injuries.
    • DO call an experienced personal injury attorney as soon as possible after an accident.
    • DO NOT admit fault or liability for causing the accident, even if you are not sure who caused the accident.
    • DO NOT speak with insurance adjustors from any company before contacting an experienced lawyer to learn of your rights.
    • DO take photographs of the scene of the accident and the vehicles involved particularly when the damage to the vehicles is significant.

    6. What do I need to do to get a lawsuit started?

    You should contact the Baumgartner firm as soon after an accident as possible to determine whether the case can be settled for full compensation prior to filing a lawsuit. If this is not possible, on cases we accept, the attorney will file the lawsuit on your behalf.

    7. Can I get a lawsuit started for an injured family member?

    Absolutely! If the injured party is a severely injured relative or a minor child or the child or close relative or someone severely injured or killed in an accident, the law allows certain relatives or guardians to proceed and litigate a matter on behalf of such an incapacitated person.

    8. What are the signs of brain damage or traumatic brain injury?

    Signs of brain injury are sometime difficult to recognize. Generally, some signs of mild brain injury or a concussion can be memory loss, loss of consciousness at the scene, dizziness, or headache. Inform your doctor whenever you have any symptoms you think may be related to a head injury.

    9. How is claim valued?

    All claims are different. However, the issues and injuries in some claims may be similar to prior cases and such a claim may be compared to previous claims that involve the same issues and same type of injuries and losses.

    10. Which relatives are allowed to sue for wrongful death?

    The law establishes which persons may be entitled to compensation for loss or injury. It is always wise for any family member of a person who has been severely injured or killed in an accident to contact a wrongful death lawyer immediately after the accident to evaluate the matter and determine which family members may be entitled to compensation.

    11. How is the value of a wrongful death case established?

    It is impossible to place a monetary value on the life of a loved one. Nothing can be done to bring them back. The law alows for certain damages for the loss of a loved one in some cases. For a free consultation with a Houston wrongful death lawyer, call or contact us today and we will explain the legal recovery process in detail.

    12. Why should I hire an attorney?

    To protect your rights and the rights of your family. Making a wrongful death or personal injury claim is complicated and requires knowledge of the law by an experienced personal injury attorney such as Gregory at the Baumgartner firm.

    13. Should I try to settle a case myself?

    Only if your attorney advises you to do so. You should always contact a qualified personal injury attorney as soon as possible after an accident or injury to obtain proper advice and counsel as to your rights.

    14. Can I afford a good attorney?

    Yes. As stated above, the law firm of Gregory S. Baumgartner will handle your case based on a contingency fee arrangement which means the Baumgartner firm will pay all expenses in prosecuting your case and will be reimbursed by you out of any settlement or verdict collected. At that time, you will also pay his legal fee which will be an agreed-upon percentage when you first retain the law firm to handle your case.

    15. Should I give the insurance company a tape recorded statement?

    Cooperation with the insurance company is encouraged but you should never give any type of statement and never discuss your injuries or how the accident happened without first contacting your attorney.

    16. Do I have a case if I was partly to blame?

    You may very well have a case even if the accident was caused in part by your actions. Please feel free to contact my law firm to evaluate the circumstances involved and make that determination.

    17. What should I know before hiring an attorney?

    You should know that the Baumgartner firm has many years experience in successfully processing and litigating cases for the highest compensation possible.

    18. What should I look for when choosing an attorney?

    Experience and success in handling serious injuries and death and the ability to bring in the highest compensation possible in personal injury and death cases.

    19. Do you make house calls or hospital visits?

    Yes. Depending on the severity of the injury, you may call us at (281) 587-1111 or toll free at 1-866-758-4LAW(4529) and we will meet with the injured party or surviving family at whichever location is most convenient for them.

     

    WHAT CAN WE DO IF YOU QUALIFY
    FIND OUT HOW WE CAN HELP

    If you or a loved one has suffered a serious injury, please feel free to contact Gregory S. Baumgartner in Houston, Texas, at (281) 587-1111 or (866) 758-4LAW (toll free), or e-mail him at greg@texastriallawyers.com. Gregory S. Baumgartner has vast experience in handling Houston car accidents, truck accidents, brain injury, spinal injury, burn injury, defective products, personal injury, catastrophic personal injuries, wrongful death cases and drunk driving cases.