FAQ
Frequently Asked Questions
OUR PERSONAL INJURY ATTORNEYS PROVIDE ANSWERS
If you were recently injured in an accident or because of the recklessness of another party, you likely have many questions about your injuries, paying for any losses you have suffered, and who is ultimately responsible for the pain and suffering you have been forced to endure. At the Law Offices of Vic Feazell, P.C., we understand your position, and as such, we have provided the following list of some of the questions our attorneys are asked most frequently, along with their answers.
If your question is not listed here, or if you would like to discuss the details of your situation with one of our experienced personal injury lawyers, call us at (254) 938-6885.
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Wrongful Death
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Who Can Pursue A Wrongful Death Claim?
Dealing with the loss of a loved one as a result of an accident caused by another person can be devastating, and many families turn to wrongful death claims both as a means of securing the compensation they need to pay for medical and funeral expenses, and as a way to ensure that those responsible for the death are held accountable. However, in order to pursue a wrongful death claim, it is necessary to have had a close relationship, usually a parent, child, or spouse, with the deceased.
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Construction Accidents
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What Do I Do If A Construction Site Caused My Injury?
Construction site managers and workers have a responsibility to keep their sites as safe as possible. If they fail to do so, pedestrians, bicyclists, and other passersby who are near the sites could easily be injured. While there are incidents in which the responsible parties take all proper precautions, the unfortunate reality is that negligent behavior does happen among contractors, subcontractors, and construction workers. This can result in further dangers on an already hazardous worksite.
Common construction site accidents that hurt innocent people often involve vehicle accidents, scaffolding or crane collapses, explosions, trip and fall accidents caused by uneven pavement and loose debris, or accidents caused by roadway obstructions. Whatever kind of accident you suffer from in or around a construction site, if it occurs due to a manager or employee’s negligence, then you might be able to take legal action against them. Damages available in these types of cases include medical bills, lost wages, pain and suffering, and more.
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Product Liability
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What Are My Options If a Product Has Injured Me?
Product manufacturers have legal obligations to ensure that they only create and release products to consumers that are safe. Sometimes, however, manufacturers are negligent and allow dangerous products to be put on the market. If this has happened to you, then you might actually qualify to receive financial compensation from the negligent manufacturer or distributor to cover the costs of your losses.
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Truck Accidents
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Is A Truck Driver Or A Trucking Company Responsible For My Costs?
When a large truck hits your vehicle, your first thought might be that the trucker behind the wheel is wholly responsible for your injuries. While this could be true, sometimes trucking companies are also implicated in truck accidents.
Truck accident liability may involve the following actions by a negligent truck company:
- Requiring a driver to work too many hours, violating FMCSA Hours of Service regulations
- Negligently hiring an unqualified driver or a driver with a history of accidents
- Failing to ensure that a truck is properly maintained
- Failing to ensure that the trailer is properly loaded
Truck drivers may face liability for the following behaviors:
- Willfully driving longer than they are allowed to per shift
- Driving under the influence of alcohol or drugs
- Driving while fatigued because they neglected to take their required rest breaks
- Speeding or engaging in other reckless driving behaviors
- Texting or using a cell phone while driving
No matter what the case, your attorney can help you determine who is responsible for your accident and take appropriate legal action.
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Premises Liability
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Do I Qualify For A Premises Liability Lawsuit?
A premises liability lawsuit generally involves an incident in which a person has suffered an injury on another person’s property because the property owner failed to make that property safe or address certain safety concerns. In many cases, a property owner could have prevented this accident or injury but has failed to do so through their own negligence. If a situation like this has happened to you, then you might qualify to file a premises liability lawsuit, in which you could be awarded financial compensation to help you pay for any costs that you have incurred because of the accident.
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Personal Injury
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What Is Your Professional Experience With Cases Like Mine?
The very first thing you, as a client, need to know about an attorney is whether or not he or she is qualified to handle your case. Find out if the attorney you are meeting with is in good standing with their local bar, and find out what types of cases they typically handle. If, for example, you are dealing with a car accident case, you would do better to work with a lawyer who has experience and knowledge applicable to your specific situation.
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What Role Would I Play in This Case?
As with any profession, each attorney handles their legal cases differently. Some attorneys like their clients to be as involved as possible, while others prefer to take the reins while their clients sit back. If you have a preference or if you want to know what your options are, make sure you discuss the possibilities with your attorney. Ask what they see happening in your professional relationship and ask what they need from you in order to give your case its greatest chance of success.
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How Do You Want to Handle My Case?
The person you choose as your legal representative will spend a decent amount of time with you in the coming months, or even years. For that reason, you need to know that the two of you see eye to eye, at least on the essential matters. Before committing to an attorney, find out how they plan to approach your case, and ask them what kind of advice they'd like to give you. Do their goals for your case align with yours? Does the way they communicate with their clients work well with your own preferred methods? Find out as much as you can about their plans for your case so that you know exactly what to expect if you do decide to work with them.
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What Will Your Legal Services Cost Me?
Before you can commit to an attorney, you need to know what their services will cost. Ask your potential lawyer, point blank, how their fees work and discuss any different financial options. At the Law Offices of Vic Feazell, we do not charge our clients a dime unless we win compensation on their behalf. However, not all attorneys provide the same guarantee.
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How Long Will My Case Take?
It is very difficult to estimate the exact length of time an individual’s personal injury case might take because every case is different. Depending on a variety of circumstances, such as the number of people involved, the plea of the defendant, the amount of damage caused, and other factors, a lawsuit can take anywhere from several days to several years.
But when you discuss your case with an attorney, you increase the chances that your case will be expedited, because you both can talk about how to make the case go more quickly.
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How Much Compensation Will I Receive?
Because personal injury law encompasses a wide variety of accidents, there is no way to accurately predict a person’s exact financial award following a successful case. However, these awards are typically based on a number of factors, including medical bills, lost wages, property repair costs, and more. Thus, by estimating the total financial burden you have suffered, you can get an idea of what your compensation may be. It is important to keep in mind, though, that legal actions such as settling your case may result in a lower compensation amount as compared to taking your case to trial.
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How Do I Find A Good Lawyer?
One of the most critical aspects of filing a successful personal injury lawsuit is finding the right lawyer to support you. Some people find this process difficult, but there are some essential questions that you can ask a potential attorney to gauge if he or she is right for you. For instance, you may want to ask if the attorney has won cases like yours before, how many cases he or she has won, what his or her legal services cost, and what your specific role will be during the case.
These questions may help you discover if an attorney has your best interests in mind and better understand how you will work together.
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How Do I Know If An Attorney Is Right For Me?
Finding the right attorney for your personal injury case is important, and you want to make sure that the attorney has your best interests at heart. Although the only person who can determine whether an attorney is actually the best fit for you, you can consult with a potential lawyer about their legal practices and approach, which allows you to gain a better understanding of how they would handle your case and decide if you’d like them as the legal support on your case.
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How Is Negligence Determined?
In order to establish negligence, the court typically examines the conduct of the individual suspected of being “at fault” for the accident. If the person failed to act in accordance with established standards of society, or if they did not behave in a way that a reasonable individual would have in the same circumstances, their actions may be considered negligent.
In addition, the person’s actions must fall in line with the law of “torts”, which means that:
- The individual had a civil “duty” to the plaintiff
- The individual breached that duty through their conduct
- The person’s breach of conduct caused injury to the plaintiff
- The plaintiff actually suffered harm in some way
It is important to note that the circumstances surrounding each and every accident are unique, so it is virtually impossible to tell whether or not you have a valid claim until you consult an experienced personal injury attorney.
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If I Was Partially At Fault For My Injury, Can I Still Recover Compensation?
In most circumstances, an accident that results in serious injuries may realistically be the fault of multiple parties, even if the relative share of responsibility varies considerably between those involved. Under Texas law, individuals who were partially at fault for their injury can still recover compensation in many circumstances under the modified comparative fault rule. This rule allows anyone who is 50% or less at fault for an accident in Austin to pursue a personal injury claim.
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Why Should I Contact an Attorney?
After being injured by another person, you could be facing costs associated with the medical treatment necessitated by your injury. You might also consider suing for financial compensation to help you cope with your injury costs, but filing a lawsuit can be difficult and confusing with the help of an attorney who is familiar with personal injury law, or tort law. The best way to increase your chances of getting compensation is to consult an attorney about your situation.
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What Kinds of Compensation Will I be Able to Receive?The types and amount of compensation that injury victims are eligible to receive in a personal injury lawsuit following a serious accident can vary considerably and depend on the circumstances under which the accident occurred. However, it is common for injury victims to be able to receive compensation for expenses such as the costs of medical treatment, income loss, and emotional trauma. Additionally, in many cases, there are further costs for which injury victims may be able to seek compensation.
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I Cannot Pay for My Medical Expenses After My Accident, What Do I Do?
You’ve found yourself in a situation that hundreds of thousands of people face every year in the United States. Car accidents, among other accidents, are expensive, and many people cannot face the medical costs that often result from such accidents. However, the good news is that many injury victims, when they are wrongfully injured in an accident caused by someone else’s actions, qualify to receive financial compensation in a personal injury lawsuit. Sometimes this compensation can equal or exceed the costs of one’s medical expenses and can, thus, be very helpful.
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Should I Just Pay for My Costs and Not Sue, If I Am Financially Able?
Ultimately, the decision to file a lawsuit is up to you as the individual who has suffered physical or financial harm. But you shouldn’t have to pay for the costs of your injuries or accident if another person is to blame for them. Instead, that person should bear the burden of their actions and pay for the costs and losses you have sustained.
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Can I Sue Again If I Don’t Get Enough Money the First Time?
No. The amount of compensation that you are awarded for filing a personal injury lawsuit against another person is the amount that you must be content with. You will not be allowed to sue the same person for the same issue to get more compensation, even if you feel that you have not been given enough. In order to make sure that you fight for the right amount of compensation initially – the amount that you feel is required to cover all of your expenses – be sure to discuss the details of your financial situation with your attorney.
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Do You Need Physical Evidence to Win Your Case?
Depending on your exact circumstances, it may be necessary to provide physical evidence for your personal injury lawsuit. For example, if you were injured by another driver because of his or her actions, then you might need to show pictures of the damage caused to your vehicle, provide witness testimonies, or show receipts for medical bills or hospital visits in order to prove your financial need. An experienced attorney can speak with you about what evidence is needed or will aid your claim.
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General
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How Much Money Am I Going to Spend On My Lawsuit?
That depends on a variety of factors, such as the attorney you hire, the different legal fees that might be associated with your case, travel expenses, and other miscellaneous issues. However, at the Law Offices of Vic Feazell, P.C., we handle each case on a contingency fee basis, meaning you will not owe us anything until we are able to recover compensation on your behalf.
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How Do I Prepare for My First Legal Consultation?
Your initial legal consultation is one of the most important aspects of your case; it provides you with the opportunity to determine if an attorney is a good “fit” for your case.
You can prepare for this meeting by creating a list of questions to ask your potential lawyer, including:
- Do you have any experience with cases like mine?
- What is your success rate?
- Will you personally oversee my case?
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What Are Some Of The Most Common Mistakes People Make In A Lawsuit?
Every lawsuit is different, so it is difficult to provide an exact list of things you should avoid during your case. However, there are some common mistakes that people make that can hurt a case. For instance, refusing to show up in court when required or grossly exaggerating your claim can cause you to lose your lawsuit. You can discuss these and other common mistakes and how to avoid them by contacting an experienced personal injury attorney today.
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What Will I Be Required to Do During My Lawsuit?
Every person’s exact role differs from others’ during a lawsuit, as everyone’s case is unique. While some people have to provide personal testimony, others may have to provide physical evidence of their accident and injuries. The best way to find out and understand what will be required of you during your lawsuit is to discuss your situation with your attorney.
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