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Welcome to Attorney911: Your First Responder to a Legal Emergency
Hello, and welcome. I’m Ralph Manginello, managing partner of Attorney911, The Manginello Law Firm, PLLC. For over 25 years, my team and I have served as the “Legal Emergency Lawyers™” for Texans facing the aftermath of serious accidents and criminal charges. In our latest podcast episode, we tackled some of the most pressing legal questions we receive from people just like you across Houston, Austin, Beaumont, and throughout Texas. This comprehensive article expands on that discussion, providing you with the deep legal knowledge, real-world strategies, and insider perspective you need to protect your rights. Whether you’re dealing with the shock of a car collision, the pain of a slip and fall, or the confusion of a work injury, understanding the law is your first step toward recovery. We’re here to guide you, just as we’ve guided thousands of Texas families since 1998.
It’s Not an “Accident”—It’s a Car Collision: Why Language Matters in Texas Law
Let’s start with a critical reframing that impacts every aspect of your potential claim. What you commonly hear called a “car accident” is, from a legal perspective, almost always a car collision caused by negligence. This isn’t just semantics; it’s the foundational principle of personal injury law in Texas. An “accident” implies a random, unavoidable event. A “collision” describes what happens when a driver fails to exercise reasonable care—by texting, speeding, running a red light, or following too closely—and causes a crash that injures others.
The Legal Reality of Negligence in Texas
Under Texas law, to recover compensation for your injuries, you must prove the other party was negligent and that their negligence caused your damages. The example I gave in the podcast is a classic one: you’re stopped at a red light in Houston, and a distracted driver rear-ends you. That driver had a duty of care to operate their vehicle safely, they breached that duty by not paying attention, and that breach directly caused the collision and your injuries. This establishes liability. Insurance companies, however, are in the business of minimizing this liability. From the moment the collision happens, they begin building a case to reduce their payout. That’s why your immediate actions are so crucial.
The Attorney911 Immediate Action Protocol: Preserving Your Claim
Based on our 25+ years of handling car collision cases across Texas, here is your step-by-step guide to protecting yourself immediately after a crash:
- 1. Call the Police: Even for a minor fender-bender in a Houston parking lot, an official police report is invaluable. It creates a contemporaneous record of the event. If it’s not an emergency, call the non-emergency line. Say, “I’ve been in a collision and need an officer to file a report.”
- 2. Document Everything with Your Phone: Before the police arrive, if you are able, start collecting evidence. Take photos of:
– All vehicles involved, showing license plates, damage, and positioning.
– The other driver’s license and insurance card.
– The surrounding area, including street signs, traffic lights, skid marks, and debris.
– Any visible injuries you have (bruises, cuts, airbag burns). - 3. Identify Witnesses: This is a step most people miss. If someone stops and says they saw what happened, get their name and phone number. Take a picture of their driver’s license with permission. As client after client has told us, “A nice person stopped to help,” but they didn’t get contact information. Independent witnesses can break a “he-said, she-said” stalemate with the insurance company.
- 4. Seek Medical Attention Promptly: This is non-negotiable. Go to an urgent care, emergency room, or your doctor. You need a medical professional to document your injuries. Adrenaline can mask pain, and some injuries like whiplash, concussions, or soft tissue damage may not manifest fully for hours or days. The insurance adjuster will scrutinize any gap between the collision and your first treatment to argue your injuries aren’t serious or aren’t related.
Why Insurance Companies Fight So Hard on Documentation
Lupe Peña, our associate attorney who spent years working for a national insurance defense firm, puts it bluntly: “I’ve seen the claims software. The first thing an adjuster does is look for inconsistencies between the police report, the initial medical records, and your later statements. If you don’t mention back pain at the ER but mention it to your chiropractor two weeks later, they code that as a ‘soft tissue injury with delayed reporting’ and slash the valuation.” This insider knowledge is why our approach at Attorney911 is so meticulous. We know their playbook because Lupe used to run it.
When you call us at 1-888-ATTY-911, we immediately go to work preserving evidence. We send spoliation letters to secure dashcam and surveillance footage before it’s automatically deleted (often within 30 days). We obtain the crash report and start our independent investigation. We connect you with trusted medical providers who understand how to document injuries for a legal claim. We handle the insurance company so you can focus on healing.
Slip, Trip, and Fall Cases: The Hidden Danger of Premises Liability in Texas
My recent experience at a Houston restaurant, watching a woman take a hard fall, underscores a common misconception: people often underestimate how seriously they can be hurt in a slip and fall. If you are of average height, you are falling several feet to the ground with little to no ability to brace yourself. The impact can cause fractures, spinal injuries, traumatic brain injuries, and severe soft tissue damage. In Texas, these cases fall under premises liability law.
Texas Law: What You Must Prove in a Slip and Fall Case
Unlike a car collision where another driver’s action usually causes the harm, a premises liability case requires you to prove the property owner or occupier (like a store, restaurant, or apartment complex) knew or should have known about a dangerous condition and failed to fix it or warn you about it in a reasonable time. This is codified in Texas law. For example, if a grocery store in Austin has a spill in an aisle, and an employee saw it (or it had been there so long they should have seen it during routine inspections) but didn’t clean it up or put out a warning cone, and you slip on it, the store may be liable.
Documenting a Slip and Fall: A Different Challenge
As I noted, when you’re lying on the floor in pain, taking pictures isn’t your first thought. But if you can, it’s powerful evidence. Try to photograph:
– The exact substance or object you slipped on (water, grease, a torn carpet tile).
– The broader area, showing a lack of warning signs.
– Your footwear, as the defense will often blame your shoes.
– Any nearby hazards that may have caused the condition, like a leaking ice machine.
Most importantly, report it to a manager immediately. Insist they create an incident report and get a copy. If they refuse, write down the manager’s name, the time, and what you said. Seek medical attention right away. Just like with a car collision, delays in treatment give the insurance company—often the store’s liability insurer—ammunition to deny your claim.
Attorney911’s Experience with Big Box Stores and Restaurants
We routinely handle cases against major national retailers and restaurant chains. These corporations have sophisticated risk management departments and legal teams. They will immediately secure any surveillance video, interview employees, and attempt to take a recorded statement from you. Do not give a recorded statement to the store or its insurance company without an attorney. They are trained to ask questions that elicit answers minimizing their liability. Remember client Angel Walle’s testimonial: “They solved in a couple of months what others did nothing about in two years.” Our aggressive evidence preservation and deep understanding of how these corporations operate allow us to cut through the delay tactics and fight for fair compensation.
If you’ve been hurt on someone else’s property in Texas, don’t dismiss it as just a clumsy moment. The medical and financial consequences can be significant. Call our legal emergency line at 1-888-ATTY-911 for a free, no-obligation consultation to discuss your situation.
Navigating the Maze of Texas Work-Related Injuries
Injuries on the job present a uniquely confusing legal landscape in Texas. The state does not require all employers to carry workers’ compensation insurance. This creates two distinct paths for injured workers, and choosing the wrong one can forfeit your rights.
Workers’ Compensation vs. Non-Subscriber Claims
If your employer has workers’ comp insurance, you are generally limited to the benefits provided by that system: payment for medical treatment and a portion of your lost wages. In exchange, you typically cannot sue your employer for negligence, even if their unsafe conditions caused your injury. You must report the injury promptly and see the company’s designated doctor.
If your employer is a non-subscriber (they opt out of workers’ comp), the entire dynamic changes. These employers can be sued for negligence under Texas common law. This means you can seek full compensation for all your damages—past and future medical bills, lost wages, pain and suffering, and more. However, you bear the burden of proving the employer’s negligence caused your injury.
The Critical Importance of Documentation in Workplace Incidents
Whether your employer has workers’ comp or not, documentation is your lifeline. Follow every company protocol for reporting the injury. Take photos of the hazardous condition (a broken ladder, a slick floor, an unguarded machine) if possible. Immediately identify any co-workers who witnessed the incident and get their contact information. As I mentioned, even a 20-year loyal employee can face a contested claim. The company may argue the injury didn’t happen at work or wasn’t serious. Your evidence and witness testimony counter that.
When to Involve an Attorney in a Work Injury Case
You should strongly consider consulting with an attorney if:
– Your injury requires significant time off work or ongoing medical care.
– The workers’ comp insurance company denies your claim or benefits.
– Your employer is a non-subscriber and is refusing to pay your medical bills.
– You are facing pressure to return to work before you’re medically cleared.
– You are unsure of your employer’s insurance status.
Navigating workers’ comp appeals or building a negligence case against a non-subscriber is complex. Our firm has successfully handled both. For instance, in a recent maritime case, our client injured his back lifting cargo. Our investigation proved he should have had assistance, leading to a significant cash settlement. We bring that same thorough investigative approach to workplace injuries on land.
Don’t try to navigate the confusing world of Texas work injury law alone. A single misstep in paperwork or a missed deadline can be catastrophic. Protect your livelihood and your health by calling Attorney911 at 1-888-ATTY-911 for experienced guidance.
Answering Your Top Legal Questions of the Week
Beyond personal injury, we field questions on a wide array of legal topics. As a full-service firm handling both personal injury and criminal defense, and with deep connections across the Texas legal community, we provide answers or can connect you with the right specialist.
What is an Indictment? A Texas Criminal Defense Explanation
An indictment is a formal charging instrument issued by a grand jury, alleging that a person has committed a felony crime. In Texas, felonies are serious crimes punishable by state jail time or prison time, ranging from state jail felonies to first-degree felonies (like murder). Here’s the process:
1. Law enforcement investigates a crime and presents evidence to a prosecutor.
2. The prosecutor presents the evidence to a grand jury—a group of citizens convened to review evidence.
3. The grand jury decides if there is probable cause to believe the individual committed the crime. This is not a trial; the defense is not present.
4. If the grand jury votes to indict, the prosecutor files the indictment with the court, and a warrant is typically issued for the person’s arrest (if they aren’t already in custody).
Facing an indictment is terrifying. It triggers a formal criminal prosecution. This is where our criminal defense expertise, backed by Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA), becomes critical. We attack the state’s case from the outset, challenging the evidence presented to the grand jury and fighting for dismissals or reduced charges. Remember our documented results: getting DWI charges dismissed due to faulty breathalyzer maintenance or missing evidence. If you or a loved one is facing indictment, time is of the essence. Call 1-888-ATTY-911 immediately.
Is Weed Legal in Texas? Navigating the Murky Landscape
This is a common point of confusion. As of my knowledge, Texas has not legalized recreational marijuana. Possession of any amount of marijuana (with limited exceptions) is still a criminal offense under the Texas Controlled Substances Act. However, Texas does have a very limited medical marijuana program (the Compassionate Use Program) for patients with specific qualifying conditions like epilepsy, multiple sclerosis, and terminal cancer. This program involves low-THC cannabis oil and requires registration.
The stores you may see in Houston or elsewhere selling products labeled as THC are often selling products derived from hemp, which federal law and some state laws allow if the THC concentration is below 0.3%. The legality and enforcement around these products are complex and evolving.
The critical takeaway: If you are facing possession charges for marijuana in Texas, you need an experienced criminal defense attorney. The consequences can include jail time, fines, and a permanent criminal record that affects employment, housing, and education. Our firm defends clients against drug charges. In one case, we secured deferred adjudication for a client facing 5 to 99 years for a large quantity of drugs, allowing them to avoid jail time and potentially have the charges dismissed. Don’t risk your future. If you’re facing charges, call us.
What is Intellectual Property? (Trademarks, Copyrights, Patents)
Intellectual Property (IP) law protects creations of the mind, such as inventions, artistic works, designs, symbols, names, and images used in commerce. The main types are:
– Trademarks: Protect brand names, logos, and slogans (like our “Attorney911” brand).
– Copyrights: Protect original artistic and literary works (books, music, software).
– Patents: Protect inventions and processes.
While we are not IP lawyers, we have firsthand experience securing trademarks for our firm. We work with excellent local counsel, like Kraft and Chu in Houston, for these specialized needs. Protecting IP usually involves federal registration with the U.S. Patent and Trademark Office or the U.S. Copyright Office, which includes a search for conflicting claims. For any business owner or creator in Texas, securing your IP is a vital business investment. We are happy to refer you to trusted specialists we’ve used for over 20 years.
What is Arbitration, and Why Is It in So Many Contracts?
Arbitration is a form of alternative dispute resolution (ADR) where a private, neutral third party (the arbitrator) hears both sides of a dispute and makes a binding decision. It is increasingly common in consumer contracts, employment agreements, and business contracts because companies often include mandatory arbitration clauses.
Key differences from court:
– No Jury: The arbitrator, often a retired judge or attorney, decides the outcome.
– Private Proceedings: It’s not part of the public court record.
– Limited Appeal Rights: The arbitrator’s decision is very difficult to overturn.
– Often More Expensive: The parties typically split the arbitrator’s fees, which can be high.
Companies favor arbitration because they believe it leads to more predictable, often lower, outcomes than a sympathetic jury might award. As litigators who prepare every case for trial, we view arbitration clauses as a hurdle designed to limit your rights. If you have a dispute governed by an arbitration clause, you still need a fierce advocate. Our experience in federal court and complex litigation, like the BP explosion cases, means we are prepared to fight for you in any forum. Do not assume arbitration means you don’t need a lawyer. Call us at 1-888-ATTY-911 to discuss your options.
Why Attorney911 Is Your Best Choice in a Texas Legal Emergency
When you’re injured or charged with a crime, every law firm claims to be aggressive, experienced, and caring. At Attorney911, we prove it with results, credentials, and a unique insider advantage.
Proven Leadership and Multi-Million Dollar Results
Ralph Manginello isn’t just a name on the door. With over 25 years of practice, admission to the U.S. District Court for the Southern District of Texas, and involvement in landmark litigation like the BP Texas City explosion, he brings a level of authority and courtroom experience that few personal injury firms can match. This translates into results for our clients: multi-million dollar settlements for catastrophic brain injuries, amputations, and wrongful death cases involving 18-wheelers. We don’t just handle cases; we take on the complex, high-stakes fights that others shy away from, as evidenced by our current active litigation in a $10 million lawsuit against the University of Houston and a national fraternity.
Our Unfair Advantage: A Former Insurance Defense Attorney on Your Side
This is what truly sets us apart. Associate Attorney Lupe Peña spent years at a national defense firm working for insurance companies. He knows exactly how they value claims, which doctors they use for “independent” medical exams, how they use recorded statements against you, and their entire delay-and-deny playbook. As Lupe says, “We know their tactics because I used them for years. Now, we use that knowledge to anticipate their moves and counter them aggressively.” When you hire Attorney911, you’re getting insider intelligence that levels the playing field against billion-dollar insurance corporations.
A Firm Built on Communication and Trust
Read our 251+ Google reviews (with a 4.9-star rating), and you’ll see a consistent theme: clients feel like family, not case files. They praise paralegals like Leonor for constant communication and Ralph for personal involvement. As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” We are a Texas-born firm, serving Texans. We offer bilingual services (Spanish) and work on a contingency fee basis—meaning you pay nothing unless we win your case.
From our offices in Houston, Austin, and Beaumont, we stand ready as your Legal Emergency Lawyers™. If you’re facing the aftermath of a collision, a fall, a work injury, or a criminal charge, don’t navigate this alone. The evidence is disappearing, and deadlines are ticking. Let our experience, insider knowledge, and proven track guide you to recovery and justice.
Frequently Asked Questions (FAQ)
What should I do immediately after a car collision in Texas?
Ensure safety, call police, document the scene with photos/video, exchange information, get witness contacts, and seek medical attention even if you feel fine. Then, contact a personal injury attorney before speaking to the other driver’s insurance company.
How long do I have to file a lawsuit for a personal injury in Texas?
Texas has a two-year statute of limitations for most personal injury cases, including car collisions and slip and falls (Texas Civil Practice & Remedies Code § 16.003). This means you generally have two years from the date of the incident to file a lawsuit or lose your right forever. However, you should contact an attorney immediately, as evidence preservation and investigation take time.
What if I was partially at fault for my accident in Texas?
Texas follows a “modified comparative fault” rule (51% bar). If you are found to be 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. If you are found 51% or more at fault, you cannot recover anything. An experienced attorney can help build a case to minimize your assigned fault.
What’s the difference between workers’ compensation and a personal injury lawsuit for a work injury?
Workers’ comp is a no-fault insurance system that provides limited benefits (medical and partial wage replacement) but generally prevents you from suing your employer. A personal injury lawsuit, available if your employer is a non-subscriber, allows you to sue for negligence and recover full damages (pain and suffering, full lost wages, etc.) but requires proving your employer was at fault.
What should I do if I’m indicted for a felony in Texas?
Do not speak to law enforcement or prosecutors without an attorney. Exercise your right to remain silent. Contact an experienced criminal defense attorney immediately. An indictment begins the formal court process, and having skilled counsel from the outset is critical to building a defense, challenging evidence, and seeking a dismissal or favorable plea agreement.
How much does it cost to hire Attorney911?
We work on a contingency fee basis for personal injury cases. This means we advance all costs of your case, and you pay us no attorney fees unless and until we recover money for you. Our fee is a percentage of the recovery. For criminal defense cases, we typically work on a flat fee or hourly basis, which we will discuss transparently during your free consultation. Call 1-888-ATTY-911 anytime for a free, no-obligation case evaluation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is unique. Please contact Attorney911 or another qualified attorney to discuss the specific facts of your situation. No attorney-client relationship is formed by reading this article.
Act Now. Your Recovery Can’t Wait.
Call the legal emergency line: 1-888-ATTY-911 (1-888-288-9911). Visit our website: attorney911.com. We serve clients throughout Texas from offices in Houston, Austin, and Beaumont. Hablamos Español.
Frequently Asked Questions
Is it called a car accident or a car collision in legal terms?
In legal terms, it’s almost always a collision, not an accident. ‘Accident’ implies no fault, while ‘collision’ accurately describes an event caused by someone’s negligence, like distracted driving or speeding, which is the basis for a personal injury claim in Texas.
What is the most important thing to do after a slip and fall in a store?
The most critical steps are to report the fall to a manager immediately (insist on an incident report), seek medical attention to document injuries, and if possible, take photos of the hazard that caused your fall. This creates essential evidence for a premises liability claim.
Can I sue my employer if I get hurt at work in Texas?
It depends. If your employer carries workers’ compensation insurance, you are generally limited to those benefits and cannot sue. However, if your employer is a ‘non-subscriber’ (does not have workers’ comp), you may be able to file a negligence lawsuit against them for full damages, including pain and suffering.
What exactly is an indictment in Texas?
An indictment is a formal felony charge issued by a grand jury. After reviewing evidence from a prosecutor, the grand jury decides if there’s probable cause to believe someone committed a serious crime. An indictment triggers the formal criminal court process and usually leads to an arrest warrant if the person isn’t already in custody.
Is marijuana legal for recreational use in Texas?
No, recreational marijuana remains illegal in Texas. The state has a very limited medical marijuana program (Compassionate Use Program) for specific conditions. Possession of marijuana is still a criminal offense, and those facing charges should consult with a criminal defense attorney immediately.
What is arbitration, and why is it in my contract?
Arbitration is a private, binding alternative to a public court trial. A neutral arbitrator decides the case. Companies include mandatory arbitration clauses in contracts to avoid jury trials, which they often view as less predictable and potentially more favorable to individuals. It’s crucial to have an attorney review any dispute governed by arbitration.
