Personal Injury FAQ

The Hernandez Law Group, P.C. operates using a no-win, no-fee policy. Our clients do not owe us a dime until we successfully reclaim the compensation they deserve from the negligent party. After you receive compensation, we will take an agreed-upon percentage from it to cover legal fees and services. This contingency agreement removes the out-of-pocket costs for seeking legal representation and ensures that no matter what your circumstances are, you can exercise your right to fight for a fair settlement.

Texas does not have a state income tax, and therefore, does not tax compensation gained through a personal injury lawsuit or settlement. Federal taxes will still apply.

The IRS uses these guidelines to determine which compensation for personal injury cases is taxable.

Non-taxable compensation is as follows:
– Lost wages
– Medical expenses
– Emotional distress that is linked to physical injury caused by the accident
– Pain and suffering
– Loss of consortium (in cases of wrongful death)
– Attorney fees

Taxable compensation:
– Punitive damages
– Interest on settlements (this occurs when interest is accumulated due to delayed payments)
– Emotional distress that is not linked to the injury

If part of the personal injury settlement you receive is taxable, the IRS will issue you Form 1099 so you can report it.

Yes. Liens are placed against an injured individual when they don’t have enough money to pay out of pocket for medical treatment or to repair damages. However, only certain entities can hold a lien in a personal injury case. These are as follows:
– Health insurance providers and medical providers
– Medicaid and Medicare companies
– Auto insurance companies

When an individual has evidence that there were gaps in their medical treatments for injuries after an accident, it can leave room for the defense to make two claims about their damages:

– The treatment you received was “unnecessary”.
– The injured party failed to mitigate their damages.

Depending on the complexity of the case, a personal injury lawsuit can take anywhere from six months to several years to resolve. Factors that influence the amount of time a case will take are as follows:
– Severity of the injuries and recovery
– Clarity of the fault
– Case complexity
– Willingness to negotiate
– Out-of-court settlement vs. trial
– Court backlog and the Judge’s schedule

If these circumstances are true for your accident case, you need a personal injury attorney on your side:
– The accident left you with serious injuries.
– There was a defect within your car that led to the accident:
– Defective tires
– Defective brakes
– Steering defects
– Engine malfunctions
– Headlight or taillight issues.
– Insurance companies try to give you less compensation than you deserve.
– Multiple parties are involved in the accident.
– You are exposed to dangerous chemicals at work.

Consider these questions before hiring a personal injury attorney:
– What kind of cases does this attorney take?
– How long have they been practicing?
– How often does this lawyer settle outside of court?
– What are their contingency fees?
– How often will they communicate with you on your case
– What do they think your case is worth?

A Texas Board-certified personal injury attorney has met rigorous standards as set by the Texas Board of Legal Specialization. This demonstrates their specialized knowledge, experience, and skill in personal injury litigation. This certification requires a minimum amount of focused practice, numerous jury trials, peer and judicial references, continuing legal education, and passing a comprehensive examination. 

Juan Hernandez is one of the 2% of Texas attorneys who are Texas Board Certified in Personal Injury Law. His expertise makes him a formidable attorney who has a proven track record of getting his clients the compensation they deserve.

No. The Hernandez Law Group, P.C., highly recommends against giving a recorded statement to an insurance adjuster. These individuals are masterminds at tricking claimants into saying things that weaken their claim. Adjusters do this because their goal is to pay out as little as possible. Instead, you want to have a personal injury attorney present during the deposition phase of your lawsuit as you give your statement. This will ensure that the insurance adjuster cannot use underhanded tactics to lower the amount of compensation you claim.

If your case cannot be settled outside of court, the Hernandez Law Group is fully prepared to take your case to court. When a case is brought before a judge, the steps are as follows:
– Presentation of evidence.
– Interrogation of witnesses.
– The rendering of a verdict by a jury or judge.
– Determination of compensation amount by the judge.

The Statute of Limitations in Texas for personal injury cases is two years from the date of the accident.

No. Rarely will a personal injury case go through the entire Texas lawsuit process. Many cases are settled quickly outside of court.

Yes. Personal injury law is for anyone who has suffered injuries due to an accident, including minor injuries such as a sprained ankle.

No. Typically, it is the at-fault party’s insurance company that will cover the cost of the settlement. If they have limited insurance or no insurance at all, then there are other avenues to take to receive your compensation, such as UIM (Uninsured Motorist Insurance).

Individuals can recover the following damages from the liable party after an accident:
– Pain and suffering
– Lost wages
– Medical bills
– Disfigurement
– Physical Impairment
– Property loss
– Mental Anguish

If the driver who hit you is uninsured or underinsured, you can file a claim with your own insurance company for uninsured/underinsured motorist coverage, use your health insurance, personal injury protection insurance (PIP), or pursue a personal injury lawsuit against the negligent driver.

After an accident occurs, your first step should be to visit a medical professional. Follow the doctor’s care plan exactly as written and attend all of the follow-up appointments. Also, you will want to take the following steps:
– Report your accident.
– Record your injuries with photos or video.
– Write down how the incident occurred in great detail.
– Identify all potential witnesses and write down their contact information.
– Contact a personal injury attorney.