Personal Injury FAQ

Questions to Ask a Personal Injury Lawyer 

Can Mr. Cobos make hospital visits or house calls?


Absolutely yes. You may contact us at 713-234-5860 (via phone call or text) to arrange a time and place. 

Alternatively, send an email to andrew@cobos.law. Our clients are our top priority, and winning their case is our sole motivation. 

Questions to ask a personal injury lawyer, like what type of cases does the Cobos Law Firm handle?

Our office is careful in the cases we select because we always put our clients as our priority. Being selective in the cases we take allows us to give our clients our full time and attention to their case. 

The dedication we put into each of our cases is demonstrated by our clients’ top reviews and is evident in the compensation we recover on their behalf. 

Our office primarily handles personal injury cases involving car accidents, maritime injuries, truck accidents, wrongful deaths, dram shop cases, and other negligence related cases. However, we frequently handle business disputes such as breach of contract issues or fraud. 

Do I have to pay a retainer or out of pocket money to hire you?

No. Our office handles cases with a contingency fee basis. The client will not pay any fees upfront or out of pocket. All attorney fees and expenses will be reimbursed from the money recovered from the case. 

This approach allows all injured individuals access to excellent representation, regardless of their personal financial situation.

Do you handle all types of personal injury cases?

We have experience in almost all personal injury law areas, but we are selective about the cases to take in our office. This allows us to provide the best possible service to our clients. Please give our office a call for more information on cases we accept and a free case evaluation. 

How can I contact the Cobos Law Firm?

The best way to contact someone from our office is by calling or texting 713-234-5860. Our office is open Monday – Friday from 9:00 am to 6:00 pm CST. 

Alternatively, you can email our case intake specialist at kianna@cobos.law. 

How successful have you been with your cases?

Our law firm is widely known for its success with personal injury cases. Our firm has recovered many millions of dollars for our clients. We are proud of the work done at the Cobos Law Firm and the aggressive and strategic approach we take for each case. 

Your case is essential, and you should demand the best. For that reason, we look forward to speaking with you about your case. 

Questions to Ask a Personal Injury Lawyer: FAQs

Below are standard questions to ask a personal injury lawyer about common personal injury lawsuits.

When should I hire a Houston, personal injury attorney?

You should contact an attorney as soon as possible following an accident in which you were injured. Your attorney will help preserve any evidence demonstrating who caused your injuries, ensure that you receive proper medical attention, and address any other damages caused by accident. 

Texas law requires that an individual initiate a lawsuit within two years of the incident (this deadline is often referred to as the “Statute of Limitations.” Although there are some exceptions to this rule, it is generally preferable to inform the Defendants soon after the incident that you intend to hold them liable. 

If you miss the Statute of Limitations deadline, then it is likely that you will not receive compensation for your injuries. 

How much is can a personal injury lawsuit be worth?

This common question is difficult to answer without having access to all the needed information in a case. Each case involves different components that affect the case value. Three major components are the following. 

  1. Who caused or contributed to the incident 
  2. What are the damages?
  3. Does the defendant have insurance or another means of paying compensation for your injuries? 

There is no calculator or reliable means of determining case value until the information has been gathered and processed. Assessing the actual value of a case is a skill learned through practice and experience over time as a personal injury attorney. 

There is a multitude of factors that impact case value, including the below:

  • the diagnoses of your injuries as accessed by your doctor
  • which doctors have provided medical treatment
  • the length of time between the incident and when you first received medical treatment
  • who is responsible for the accident
  • whether the conduct by the responsible party was negligent or intentional
  • whether long-term disabilities may occur or an inability to work because of injuries
  • which insurance carrier is providing coverage
  • where the incident occurred

Ultimately, there are hundreds and perhaps even thousands of factors to consider when determining case value. However, an excellent attorney can counsel you through the process and explain how each factor can increase or decrease the ultimate payout provided by a Defendant. 

Can I handle the personal injury claim by myself?

Self-representation in a personal injury case is not impossible. However, doing so will likely result in you receiving less compensation than you would otherwise receive if you hired an attorney. Insurance companies typically attempt to provide a low-ball settlement value for a complete dismissal of claims. 

This tactic ensures that they will not risk a high settlement verdict by a jury and allows them to save money that they would otherwise pay their attorneys. It is imperative to understand, however, that insurance companies only care about one thing: profits. The less money they can pay you, the more they keep for themselves. 

When you file a lawsuit, you become a liability for the insurance company. They would prefer to avoid the risk of a large jury-verdict, so they will pay more after a lawsuit is filed to alleviate this risk. 

In severe cases, you will most likely need to be represented by an experienced personal injury attorney. This is needed to assist you in receiving the highest valued settlement possible in your case. 

Your insurance company may advise you not to hire a personal injury attorney because they do not want to pay for liability or serious injuries in your case. Remember, the insurance company does not care about you; they only care about money. Do not trust them. 

If an insurance agent tells you that you should not hire an attorney or that someone accepts full responsibility for the accident, then you should certainly consider doing the opposite and hiring a Houston, personal injury attorney. 

Do I have a case?

This is the most common question people ask after being involved in an accident. Injury alone is not enough to file a lawsuit. A personal injury case includes liability, damages, and a Defendant’s existence with enough money to pay. If your case has each of these factors, you will likely achieve a favorable result. 

Even if these factors are not apparent, you may still have a good case and just do not know it. For example, if you are involved in a car collision where the other driver does not have insurance, you still may have a good case against the airbag manufacturer. 

Spotting lawsuits is an acquired skill that comes with years of experience. If you have been injured, please contact our team, and we will provide a free consultation and assess the possible claims you may have. 

How long will can a personal injury lawsuit last?

An exact timeframe cannot be guaranteed due to each case involving different circumstances. Some cases will be resolved in a shorter time frame than others depending on the individuals involved, the case’s details, and the attorneys in charge. 

Upon initial contact with your Houston personal injury attorney, they should walk you through the process of filing a claim and give you a timeframe specific to your case. 

What kind of expenses are involved?

The Cobos Law Firm handles cases on a contingency basis, which means no upfront fees or retainers are required. After a case evaluation, the firm will ask the client to sign a Power of Attorney contract, which will give the attorney full authorization to represent the client in that claim against the other party. The client will agree to pay a percentage of the recovered amount to the attorney and any other expenses in the contract. 

Some examples of the attorney’s expenses are record retrieval fees, court fees, hired experts, etc. The client will not be required to pay any of these fees upfront. If there is no recovery made in the case, no fees or expenses will be required of the client.

What are some tips for injury victims?

  • Timing: Timing in a personal injury lawsuit is critical. We recommend contacting a Houston personal injury attorney as soon as possible to make the process smoother and easier for both the client and attorney. 
  • Medical care: We recommend seeking medical care soon after the incident and obtaining a competent doctor’s diagnosis. We also recommend following the doctor’s course of treatment and seeing specialists as recommended. This means that you should abide by your doctor’s instructions to ensure your injuries are recovered and properly healed. 
  • Honesty: All information shared with your attorney is completely confidential under the attorney-client privilege. We encourage you to be honest and transparent when advising us of the circumstances of the incident. 
  • Please Do Not Talk to Insurance Adjusters: We recommend that you not speak with an insurance adjuster until after hiring an attorney. Insurance adjusters sometimes use manipulative tactics to get the victim to admit that damages were not severe or that the victim is partially to blame. The insurance companies will then use these coerced statements to just a reduction of the cash value. It is a good practice to avoid speaking to an insurance adjuster until after the case has been filed. 
  • Protect Yourself: Read all documents thoroughly and have a full understanding before you sign anything. Consult an attorney with any questions. 

Why is it important to hire an attorney early?

It is imperative to hire an attorney early on after an accident, especially if the damages/injuries are serious. In serious injury cases or even wrongful death cases, starting an investigation early is crucial. Many mistakes can be avoided when an attorney is processing your claim for you. 

Attorneys have experience conducting investigations and speaking with insurance adjustors, which most clients do not have on their own. Therefore, hiring an attorney early is crucial to your case. 

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

Please contact the Cobos Law Firm as soon as possible. You can submit an online form here or call 713-234-5860. We will send you a case evaluation form. You will complete a handful of documents, and an attorney will speak with you to help determine how to proceed with your case. Once a power of attorney agreement is signed, we will file your lawsuit. 

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

Maybe. The law will allow for a relative or guardian to hire an attorney to represent an injured individual if they cannot make such an agreement themselves. A parent or guardian can file a lawsuit for a child under eighteen on behalf of an incapacitated adult. 

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

A brain injury is difficult to recognize sometimes. Memory loss, loss of consciousness, headache, or dizziness can all be signs of a mild brain injury or a concussion. Please tell your doctor if you experience any of these symptoms after an accident. 

How is a claim valued?

Each case is different and is valued solely on the issues and injuries at hand. Cases may be like prior ones the attorney has handled and can be compared to a certain extend. A personal injury attorney with experience in different cases will value your case more effectively when looking at the issues and injuries. Call our office for a free case evaluation!

Why should I hire an attorney?

Processing a personal injury claim or even a wrongful death claim can be very complicated and confusing to someone who has no experience in this area. Hiring an experienced personal injury attorney will make the process easier for you and will ensure your rights, as well as your family’s rights, are protected. 

Should I try to settle a case myself?

Cases with minor injuries that reach full recovery can sometimes be resolved without an attorney. Cases with serious injuries become more complex and harder to handle without an experienced personal injury attorney involved. 

Can I afford a reasonable attorney?

Absolutely! The Cobos Law Firm will file your case on a contingency fee basis. This means no attorney fees or expenses are paid upfront, and we will only be paid if you choose to settle your case. 

The Cobos Law Firm works on a contingency fee basis because we believe that everyone should have access to justice and that no individual should be denied quality representation because of their financial condition. 

After filing a lawsuit, can will my case get settled?

Absolutely! While the attorney makes decisions about strategy and how to prosecute the case best, the client always retains the ability to settle (or not settle) their case. Your attorney cannot settle your case without your consent. Only you decide when your case is over when a settlement opportunity is presented.

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

There is a possibility you have a case even if your actions may have contributed to the accident. If a jury finds that you are less than 49.9% to blame, you can still recover from another person’s negligence. Please contact our office to receive a free case evaluation! 

What is the Statute of Limitations in Texas for personal injury?

The Statute of Limitations for personal injury accidents is two years from the date of the accident. Some circumstances may cause the Statute of Limitations for your accident to be extended or possibly shorten. Please contact an attorney as soon as possible after your accident occurs. 

What is the difference between personal injury damages and punitive damages?

Personal injury damages or actual damages include the following: physical pain, mental distress, disability, medical expenses, disfigurement, inability to work, loss of income. 

Almost everyone has heard about “punitive damages” they are also called “exemplary damages” and are sparingly available in personal injury litigation in Texas.

Punitive damages or exemplary damages are not as common in personal injury cases. The difference is that punitive damages involve the defendant knowingly acting with gross negligence and misconduct towards the victim. 

A person hit me without insurance coverage; what can I do?

If you are involved in an accident with an uninsured motorist, you will need to find insurance coverage to assist with medical bills and other damages. Some insurance companies offer coverage for uninsured or underinsured motorists. 

People are not always aware of what insurance coverage they have. Always check with your insurance for details on your coverage and contact an attorney for questions regarding your accident.

What kinds of injuries qualify for a settlement?

Experts will not always agree on how serious a victim’s injuries are or which party is responsible for those injuries. Plaintiff and Defendant will disagree on the severity of damages and compensation required to be a full recovery in almost every case. Typically, there are three different levels of injuries in a personal injury claim. 

These are categorized as minor, moderate, and catastrophic. Minor injuries include small cuts or bruises and may require some physical therapy. Moderate injuries usually lead to surgery, leading to someone unable to perform at work and lose income. 

The most severe cases are known as catastrophic injuries. These include brain injury, spinal cord injury, paralysis, or death. These catastrophic injuries cause long-term disabilities and affect your everyday life. 

The Defendants may pay the Plaintiff to resolve these claims—that payment is called a settlement. The amount of settlement will depend on the severity of the injuries and the likelihood that the Defendant will be found liable at trial. We strongly recommend contacting an attorney with experience and success in personal injury claims. 

What do I do if I cannot afford to receive medical treatment after an accident?

Receiving medical treatment is very important to each client’s health and the overall success of their personal injury claim. Delaying medical treatment can cause your health concerns or injuries to worsen and can prolong recovery time. 

Our office will help you receive medical treatment and arrange for convenient medical providers with no upfront payment needed. Call us for any medical treatment questions or a no-obligation consultation. 

What if there is no one to blame for the accident?

There are some accidents where it appears neither party are at fault, but after a more thorough examination, it is discovered which party is responsible. This process becomes easier to identify and navigate with years of experience in personal injury cases. 

In some instances, such as a plant or refinery explosion, the incident would not have occurred without the Defendant’s negligence. On other occasions, multiple parties may be responsible for causing the incident, all of whom may be held accountable. 

Whether you know who is at fault or not, call our office as soon as possible to discuss your claim. 

What are some differences between a personal injury claim and a wrongful death claim?

These claims are similar because they both involved injuries/damages, and both happened because of someone else’s negligence. If negligence can be proven, then both claims have an opportunity to settle. Although these cases are similar, there are also considerable differences in them. 

Personal injury cases deal with the injuries/damages of a living victim. These cases look to recover damages such as medical expenses, pain, suffering, loss of income, disability, disfigurement, etc. Wrongful death cases involve a victim who has died because of the results of an accident. 

In Texas, the law states that a spouse, parent, or child of the deceased can file for a wrongful death case. These cases hope to recover damages such as loss of companionship and society, which refers to the loss of love, care, affection, comfort, and protection. The value of wrongful death claims is difficult to assess because no amount of money will ever bring back your loved one. 

Here at the Cobos Law Firm, we have represented individuals in wrongful death claims. We will strive to bring comfort and support to your family while also fighting for your financial compensation concerning such a tragic incident.

What if I have already hired another attorney to represent me?

As a client, you have a right to select your own attorney at any time during your claim. We encourage you to select an attorney you trust and feel comfortable representing you in your claim. We have experience in personal injury claims and want our clients to receive full compensation for their damages.

What is a recorded statement?

A recorded statement is used by insurance companies to help investigate a car accident. These statements are usually taken over the phone by an insurance agent. The recorded statement is used to collect the client’s personal information and details regarding the accident or events following the accident, such as injuries, medical treatment, car repairs, etc. 

It is essential to realize the right motivation of insurance companies to make as much money as possible. To do this, the insurance company will seek to pay as little as possible. Recognizing the insurance industry’s self-serving motivations, we recommend hiring an experienced personal injury attorney as soon as possible after an accident. 

Contact our office to discuss your car accident claim. 

Why should I choose the Cobos Law Firm to represent me?

Attorney Andrew J. Cobos is determined to fight for his clients and win their case. He has helped numerous clients to recover millions of dollars from verdicts and settlements. His passion for helping others is evident in how he runs his business and his cases. 

Mr. Cobos is experienced in handling personal injury cases and will personally work on all cases at the Cobos Law Firm. 

Is my minor accident worth hiring an attorney for?

It is not required for anyone involved in a car accident to hire an attorney for representation. In the United States, you have the right to represent yourself no matter how major or minor the accident. However, it may be valuable to consult with an attorney to evaluate your case, and hiring an attorney will likely increase your case value substantially. 

We recommend hiring an experienced personal injury attorney in cases involving any major injuries because an attorney will ensure your legal rights are protected, and all injuries/damages are fought for. Even if your accident might have seemed minor, there are still significant injuries resulting from this minor accident. 

Here are a few examples of some severe injuries from car accidents:

  • Brain, neck, or spinal injuries 
  • Broken bones
  • Internal organ damage
  • Internal bleeding
  • Burns, bruises, and nerve damage, etc. 

If a doctor has not already evaluated you, it is important to seek medical treatment as soon as possible. Injuries are not always visible or noticeable immediately following an incident, such as an explosion, car accident, or eighteen-wheeler accident. As new symptoms may appear or previous symptoms worsen, you should contact your doctor for follow-up treatment.

How do I know when to hire a personal injury attorney?

Here are some questions to ask a personal injury lawyer that can help determine if you may need to hire an attorney for your personal injury claim:

  • Were there police officers present at the scene of the accident?
  • Was the other person at fault for the accident and caused your current injuries?
  • Did your injuries following the accident require medical attention and or hospitalization?
  • Were you told you would need surgery, outpatient treatment, or physical therapy by a doctor due to accident injuries?
  • Does your vehicle need any repairs due to damage because of the accident?
  • Are you currently experiencing any pain or trauma (emotional or physical) caused by accident?
  • Did your injuries from this accident result in you taking time off from work to heal and recovery?
  • Has your accident caused you to lose money, time, resources, physical ability, or emotional ability?
  • Have you tried to negotiate with insurance companies and felt that you were not given a fair settlement for the damage caused by your accident?
  • Have you felt overwhelmed or frustrated due to damages and losses you have had to take care of in the aftermath of your accident?

If any of these questions apply to you, please contact our office to discuss your case’s options!

Can my young child file a lawsuit?

Yes. Nevertheless, your client will need a “next friend” who can act on their behalf. Often the “next friend” is the mother, father, or guardian of the child. Before settling a case involving a minor or an incapacitated adult, the Court will appoint a guardian ad litem (otherwise known as a Court-appointed attorney) to ensure that the settlement is fair. 

Most often, the settlement monies will be placed into a trust or the Court’s registry, and the injured minor cannot gain access to the monies until they are eighteen years old.

What are pain and suffering?

“Pain and suffering” is a type of compensation in personal injury claims which address non-economic damages such as emotional distress or trauma, embarrassment, scarring, permanent disabilities or injuries, long-term effects of broken bones, etc. 

These damages take a traumatic toll on a person’s mental and emotional well-being. A jury should consider the various types of evidence regarding pain and suffering, such as testimony from a close friend or relative, medical reports, mental health reports, etc. 

Is there a difference between bodily injuries and personal injuries?

Yes. Bodily injuries are a subcategory of personal injuries. Personal injuries are defined as injuries to the body, mind, or emotions, whereas bodily injuries refer to a physical injury, illness, or disease caused by accident. 

Knowing the differences between these two can help you obtain a financial recovery for the incident. 

What is negligence?

Many personal injury claims require that the injuries involved were caused due to negligence on behalf of the defendant. This is very crucial to have a valid claim against the defendant. However, what exactly is negligence? 

Negligence is commonly defined as a failure to act as a reasonably prudent person would in the same or similar circumstance. In other words, negligence is when an individual is not careful and therefore harms someone else because of their carelessness. 

If you are a victim of someone else’s negligence, you should not have to pay for their mistakes. 

Could my mechanic be at fault if I was in an accident after receiving car repairs?

If there is evidence to show your mechanic is at fault for your car accident and you sustained injuries because of their negligence, then you can file a lawsuit. This type of case often arises when a mechanic says that they replaced a defective part of the car, such as used brake pads, but it did nothing.

Do I have a case if I was involved in a hit and run accident? 

We understand how stressful car accidents can be, especially when it involves a hit and run. Because the person at fault has decided not to take responsibility, you will need to get as much information as possible. This can include the color, make, and model of the car and the license plate number. 

It will be best for your case if there is a police report on file to assist you in identifying the driver. Possible witnesses of the accident will also help identify the driver. Having these details will make it easier to file an insurance claim on your own insurance, but it will make things much harder if none of these are obtainable. 

We recommend checking with your auto insurance company to verify that you have uninsured motorist coverage or underinsured motorist coverage. In such a case, you may be able to recover from your injuries even if you cannot identify the other driver. 

Is there a difference between accidents and crashes?

When referring to an accident, it usually means it was an unintentional collision. Some people may believe that using the term “accident” means there is no one at fault, which can be misleading in a lawsuit. The choice of words is significant in a lawsuit when describing the details of the incident. 

Car accidents, crashes, wrecks, and collisions all refer to the same thing but can have different meanings in lawsuits. Crash, wreck, or collision give a more straightforward meaning of what happened, whereas the term “accident” tends to indicate that it was unavoidable. 

Will my personal injury claim go to trial?

Maybe. More than likely, your personal injury claim will not go to trial. The majority of cases will settle before a trial is needed. However, personal injury cases tend to settle way under their true value. 

This is why we recommend hiring an experienced personal injury attorney so they can negotiate a settlement for the highest value. There is a huge misconception that all lawsuits must go to trial and be presented in a courtroom, but that is not true. 

Our law firm wants to give you a better chance of reaching full compensation for your personal injury claim. 

What is the eggshell skull rule?

This rule is sometimes referred to as the “eggshell rule” or the “thin skull rule.” These are civil law principles that cover a victim who sustains an injury in an accident and has a preexisting condition or injury. Through this rule, they are still entitled to receive full compensation for the damages made. 

What is a Letter of Protection?

A letter of protection (LOP) is an arrangement made between your attorney and a medical provider. This arrangement between the two parties allows the client to receive medical care without paying out of pocket. 

The medical care professional agrees to treat the client as usual and understands the treatment will be compensated for if the client’s case settles. 

Questions to ask a Personal Injury Attorney: Should I call the police when I have been in a car accident?

Yes. We highly recommend calling a police officer to the scene of an accident, no matter how minor or major the accident is. You have the right to call the police whether the other driver agrees or not. 

When the police arrive, they will begin the crash report and take a statement from everyone involved. This includes any witnesses to the accident. It is important to be detailed in your answers and cooperative with the officers. Make sure all injuries or damages are made known to the officer. 

After collecting all the statements, the officer will usually determine which driver is at fault. The officer will give you an accident report number and their contact information. It is imperative to keep this information saved as it will be crucial for your case. 

Call us at 713-234-5860 to speak with someone about your car accident claim! 

Can I file a lawsuit if I slipped and fell at work or a public business?

Yes! A “slip and fall” accident is referred to as a premises liability case. A business has a responsibility to fix hazards known to them and investigate and find unknown hazards. 

You increase your case value significantly when hiring a determined and experienced attorney to represent your claim. 

I got injured at work, and my employer wants me to sign an agreement; what should I do?

After an accident has occurred, companies will usually ask the injured worker to sign an agreement in exchange for a payment or other compensation. We highly recommend contacting an experienced personal injury attorney before signing an agreement or release form. Questions to ask a personal injury lawyer should be asked by the best like Andrew Cobos and Cobos Law Firm.

These agreements tend to result in smaller payments and smaller total compensation and are often drafted in favor of the company (or insurance company) at fault. 

Can data from a black box be useful in my 18-wheeler case?

A black box is also known as an Event Data Recorder (EDR), which can be used to give vital information regarding an accident that may have no current evidence. 

The device records information regarding the truck driver’s actions such as speed, length of driving, braking, rate of acceleration, idle time, if a seatbelt was being used, if an airbag was deployed, etc. 

If violations are discovered using the black box’s information, the truck driver could be proven liable. This information is much easier to obtain with an attorney representing your claim. 

Will my case be affected if I was not wearing a helmet during my motorcycle accident?

In the state of Texas, it is not mandatory to wear a helmet while riding a motorcycle. You have the right to choose whether you wear a helmet. However, there are a few requirements when riding a motorcycle. You must have completed a motorcycle safety course and have valid insurance. 

These requirements must have been met to be exempted from wearing a helmet. Although it is legal not to wear a helmet, we highly recommend wearing one if only for your safety. Moreover, it may affect your compensation if you are injured in an accident. 

You could receive partial blame for the injuries, which could have been mitigated if you wore a helmet. If you have become injured from being in a motorcycle accident, please call our office to discuss your case!