July 2015 - Page 2 of 2 - Farrah Martinez, PLLC

I have been in a car accident. What type of lawyer do I need?

After an accident, many car injury victims often wonder what type of lawyer handles car accident cases. It is a very common question. If you were in a car wreck and the accident was not your fault, most likely you will want to seek the advice of a personal injury lawyer. The majority of personal injury lawyers offer free consultations to car accident victims; so, it will not cost you anything to have a lawyer review your case.

Here are three questions car accident victims ask about personal injury lawyers:

What is a personal injury lawyer?

A personal injury lawyer is a licensed attorney that represents victims that have been injured physically and possibly mentally by the negligent or reckless behavior of another individual, company, or government agency.

A personal injury lawyer also know as an injury lawyer or an accident lawyer, usually handles car accidents cases, boating accidents, motorcycle accidents, 18-wheeler accidents, slip and falls cases, products liability cases, construction accident cases and
accidents that occur while at work.

How do I find a good personal injury lawyer?

Ask for a referral. Before I hire anyone, I ask my friends, neighbors or my relatives if they have an auto accident lawyer they can recommend. For example, my orthodontist was referred to me by a friend in law school. She has worked out great. I trust her and now I feel comfortable recommending her to other people.

Visit the State Bar of Texas at www.texasbar.com. It is better to be safe, rather than sorry, later down the road. There you can perform a search to make sure the person you plan to hire is licensed to practice law. Their attorney profile will also include the number of years the lawyer has been licensed and if the attorney is in good standing.

How much does it cost to hire a personal injury lawyer?

Generally, there is no out of pocket costs to the client. Personal injury lawyers usually agree to take personal injury cases on a contingency fee basis. In a nutshell, they do not get paid unless your case results in a favorable outcome. To learn more about contingency fee agreements see a blog post-https://www.injurylawyerhou.com/personal-injury/only-pay-attorney-fees-if-you-win/

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of a car accident lawyer. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

July 28, 2015/0 Comments/by newfarmar

Lawyers’ Have 99 Problems, Don’t be one.

Legal Advice, Uncategorized

Do you want to win your case? Do you want your lawyer to do the best job possible? Do you want your legal issue resolved timely? Most clients would answer yes, yes and yes!!! Lawyers face many uphill battles, especially, those lawyers who represent victims of injury and accident cases. As a client, you can help your lawyer. Yes, you, the client, are vital to the outcome of your case. This is not a complaint; lawyers are paid to handle problems, the majority are paid well. However, as a client, you should help your lawyer help you get the results your cases warrants.

Here are a few ways to assist your lawyer:

Tell the truth. Tell the truth, the whole truth and nothing but the truth, so help you God. You want an honest lawyer, well lawyers want honest clients. The worst thing you as a client can do is lie to your attorney, tell a half truth or conceal information. Lying or concealing information from your attorney only hurts your case and puts your lawyer at a disadvantage. If you are upfront with your attorney at the onset of your case, then your attorney can develop a strategic on how to minimize the damage of those dark secrets you fear might taint your case or cause damage to your life. Honesty gives your lawyer an edge to combat the problem and your honesty, if provided timely, could even allow your lawyer the opportunity to make it a non-issue.
Listen to your attorney. You choose the attorney; the attorney did not choose you. Listen to their advice. If you go to the doctor and the doctor prescribes you medication and instructs you to take the medicine 3 times a day for the next three weeks, you do it. Why? Because you want to get well. You do not enjoy being sick. A legal issue is no different. Listen to your attorney. Often a client’s failure to adhere to their lawyer’s advice creates more problems, causes delays in the case, and frustrates the attorney’s best efforts to obtain the best possible result.
Set realistic expectations. If you have been harmed by the negligent acts of another, you have every right to seek legal action. As a lawyer, I want to help all my clients win. In the law, winning is defined differently in each case and expectations should be based upon the facts surrounding the incident, the injuries and losses suffered, the jurisdiction of the case and the law that applies. During consultations, clients like to mention to me the infamous McDonald’s coffee lawsuit and the multi-million dollar verdict. However, most people are not aware of the facts surrounding the severity of the injuries suffered; the smoking gun evidence discovered against McDonald’s; and, the reduction in the verdict by the judge that resulted in less than $800,000. See case. http://injury.findlaw.com/product-liability/the-mcdonald-s-coffee-cup-case-separating-mcfacts-from-mcfiction.html for more details.

These three easy tips will help you, help your lawyer, “win” your case.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

July 28, 2015/0 Comments/by newfarmar

What to Do if You are Injured in a Car Accident

Car Accidents, Uncategorized

Stop. As soon as it is safe, stop at the scene of the accident.
Stay at the Scene. Do not leave the scene. Leaving the scene prematurely could have criminal consequences.
Call the Police. Dial 911 and a police office will be dispatched to the scene of the car accident. The officer will prepare an accident report (also referred to as an incident report). If you did not report the accident at the scene, you can still make a report with the Houston Police Department . Call (713) 884-3131. You can also visit their website for more information
Keep Calm. Car accidents can be stressful and emotions tend to run high at the scene of an accident. No matter who is at fault or how serious the injuries you or your passengers have suffered, keep a level head and do not become confrontational. Nothing you say is going to change the accident that has already occurred.
Exchange Information. Gather and exchange insurance information with the other driver or drivers involved in the car wreck.
Take pictures. Once it is safe, take pictures of the scene of the accident.
Keep a record. Write down any important information.
Do not make a deal. It’s not a game show. Car accidents are serious and making deals at the scene usually turnout to be a major headache.
Choose your words wisely. Yes, your words may come back to haunt you later so choose them wisely.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

July 28, 2015/0 Comments/by newfarmar

No Gimmicks! I Only Get Paid Attorney Fees, If You WIN.

Personal Injury, Uncategorized

One of the most frequently asked questions asked of attorneys from potential clients is how much is your attorney fee? It is common practice for personal injury lawyers to provide free consultations and the vast majority of personal injury lawyers typically advertise with the punch line phrase “I do not get paid unless you win.”

In legal terms, this is called a contingency fee which simply means the attorney agrees to represent you and his or her fee is deferred until the end of the case and the attorney only collects a fee if the case results in a favorable outcome. The attorney fee is then based upon a percentage of the amount awarded to you. Legally, a contingency fee agreement is only available in certain types of cases. While in other case types, a contingency fee agreement is absolutely prohibited.

A contingency fee agreement is available in the following types of cases:

Personal Injury Cases – car accidents, slip and fall injuries, dog bite cases, and work accidents.
Products Liability Cases – defective products that cause harm. A current example of products liability would be the currently litigation surrounding Lumber Liquidators.
Certain Employment Discrimination Cases – age or race.
Fair Debt Collection Practices Act – violations committed by creditors for harassing debtors.

A contingency fee agreement is NOT permitted in the following types of cases:

Criminal Cases – DWI, Assault, or Public Intoxication
Family Law Cases – divorce, child custody, adoptions, or child support
Immigration – application for a work visa or student visas
Juvenile Cases – a child accused of illegal behavior such as failure to attend school or possession of marijuana

I did not list every case type. Also, not all lawyers offer contingency fee agreements, so when you are meeting with a lawyer for the first time, simply ask.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of a slip and fall attorney. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

July 18, 2015/0 Comments/by newfarmar

Dog Bites & Animal Attacks

Dog Bite Injury, Uncategorized

HOW TO PROVE A DOG BITE OR ANIMAL ATTACK CLAIM

Find out who owned the dog or animal that bit you or your child. If possible, get their full name, address and telephone number.
Take pictures of the injuries caused by the dog or animal. It is important to take pictures of all of the injuries not just the worst of the worst.
Make a list of the names of anyone who saw the dog or animal attack. If possible, get their telephone numbers and addresses.
If you know the pet owner’s neighbors, make a list of the neighbors. Often, neighbors have information regarding the dog or animal’s past bad behavior and dangerous tendencies.
File a report with your local pet control agency. For the City of Houston Animal Control contact (713) 547-9400 or for Harris County Animal Control contact (281) 999-3191.
Hire a lawyer. Dog bite and animal attack claims are serious. You need a lawyer who can assist you with your animal attack claim and deal with the insurance company. If the pet owner, owns a home, then their homeowner’s insurance policy, will likely cover dog bites and attacks by domesticated animals. Some dangerous dogs and animals might be excluded from the policy. An experienced dog bite lawyer will provide you with the help you need to receive compensation for your medical bills, loss of wages or earnings, and any other actual damages you have suffered.

Houston Dog Bite Lawyer Farrah Martinez represents individuals that have been injured or suffered severe damage caused through a dog bite or animal attack. If you or your child has been attacked by a dog or animal, call Houston Dog Bite Lawyer Farrah Martinez at (713) 853-9296 for a free consultation.

July 3, 2015/0 Comments/by newfarmar