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Frankston Car & Truck Accident Attorneys | 18-Wheelers, Commercial Trucks, Drunk Driving & Uninsured Motorists on US-175 & TX-155 | Former Insurance Defense — We Know Their Playbook | Multi-Million-Dollar Results & Federal Court Experience | Attorney911 — The Firm Insurance Companies Fear | 1-888-ATTY-911

February 17, 2026 69 min read
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Motor Vehicle Accident Lawyers in Frankston, Texas | Attorney911

If you’ve been injured in a car accident in Frankston, Texas, you’re not alone. Every year, thousands of Texans suffer injuries in motor vehicle collisions—many right here in Anderson County. At Attorney911, we understand how overwhelming this experience can be. You’re facing medical bills, lost wages, and physical pain, all while dealing with insurance companies that prioritize their profits over your recovery.

Ralph Manginello, our founding attorney with over 25 years of experience, has dedicated his career to fighting for accident victims in Frankston and across Texas. We know the local courts, the insurance adjusters, and the unique challenges that come with motor vehicle accident claims in East Texas. When you call Attorney911 at 1-888-ATTY-911, you’re not just getting a lawyer—you’re getting a team that treats you like family and fights tirelessly for the compensation you deserve.

Why Frankston Accident Victims Choose Attorney911

Frankston, Texas, is a tight-knit community where residents look out for one another. When tragedy strikes on our roads—whether it’s a collision on Highway 175, an accident near the Frankston Depot Museum, or a crash involving a commercial vehicle—you need a law firm that understands both the legal landscape and the values of East Texas.

At Attorney911, we combine deep legal expertise with genuine compassion for our clients. Here’s what sets us apart:

  1. Local Knowledge: We know Frankston, Palestine, and the surrounding areas. We understand the local courts, judges, and insurance adjusters who handle claims in Anderson County.
  2. Insurance Defense Insider: Our firm includes Lupe Peña, a former insurance defense attorney who knows exactly how insurance companies evaluate claims. He spent years working for the other side—now he uses that knowledge to fight for you.
  3. Proven Results: We’ve recovered millions for accident victims, including multi-million dollar settlements for catastrophic injuries. Our track record speaks for itself.
  4. Personal Attention: When you call 1-888-ATTY-911, you’ll speak directly with experienced attorneys, not case managers or paralegals. Ralph Manginello personally reviews every case file.
  5. No Fee Unless We Win: We work on a contingency fee basis—you pay nothing unless we recover compensation for you.

As client Glenda Walker shared: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”

Common Types of Motor Vehicle Accidents in Frankston

Frankston and Anderson County see a variety of motor vehicle accidents, each with unique legal considerations. Here are the most common types we handle:

Car Accidents in Frankston

Car accidents are the most common type of motor vehicle collision in Frankston. In 2024 alone, Texas saw 251,977 people injured in car crashes—many right here in East Texas. These accidents happen every 57 seconds across our state, and someone is injured every 2 minutes and 5 seconds.

Common causes of car accidents in Frankston include:

  • Distracted driving (texting, phone use, eating)
  • Speeding on Highway 175 or FM 19
  • Failure to yield at intersections like the junction of FM 19 and FM 1804
  • Running red lights or stop signs
  • Following too closely on busy roads
  • Driving under the influence of alcohol or drugs

Injuries from car accidents can range from minor to life-altering:

  • Whiplash and soft tissue injuries
  • Herniated or bulging discs
  • Broken bones and fractures
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Internal organ damage

One of our clients suffered a leg injury in a car accident that led to staff infections during treatment, ultimately requiring a partial amputation. This case settled in the millions. As Chavodrian Miles shared about his experience: “Leonor got me into the doctor the same day…it only took 6 months amazing.”

18-Wheeler and Trucking Accidents

Frankston sits along major trucking routes, including Highway 175 and nearby Interstate 20. These roads see heavy commercial traffic, putting local drivers at risk. In 2024, Texas experienced 39,393 commercial motor vehicle crashes, resulting in 608 fatalities and 1,601 serious injuries.

Trucking accidents are particularly devastating due to the size disparity between commercial trucks (up to 80,000 pounds) and passenger vehicles (around 4,000 pounds). At Attorney911, we’ve helped numerous families facing trucking-related wrongful death cases recover millions of dollars in compensation.

Common causes of trucking accidents include:

  • Driver fatigue (violating Hours of Service regulations)
  • Distracted driving
  • Improper maintenance
  • Overloaded or improperly secured cargo
  • Speeding or reckless driving
  • Inadequate driver training

Federal Motor Carrier Safety Administration (FMCSA) regulations govern trucking operations, including:

  • Hours of Service (HOS) rules limiting driving time
  • Mandatory Electronic Logging Devices (ELDs)
  • Drug and alcohol testing requirements
  • Vehicle maintenance standards

Our firm’s experience with complex litigation, including involvement in the BP Texas City explosion case, demonstrates our ability to take on large corporations and secure substantial recoveries.

Drunk Driving Accidents

Drunk driving remains a serious problem in Texas. In 2024, alcohol-impaired driving caused 1,053 deaths—25.37% of all traffic fatalities in our state. These accidents are 100% preventable, yet they continue to devastate families in Frankston and across Anderson County.

Texas has strong dram shop laws (Texas Alcoholic Beverage Code § 2.02) that allow victims to hold establishments accountable when they serve alcohol to obviously intoxicated patrons who then cause accidents. Signs of obvious intoxication include:

  • Slurred speech
  • Bloodshot or glassy eyes
  • Unsteady gait or stumbling
  • Impaired coordination
  • Aggressive or erratic behavior

At Attorney911, we have unique expertise in handling drunk driving cases. Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), giving us insight into both the criminal and civil aspects of these cases. We’ve successfully handled numerous DWI-related cases, including three documented dismissals where we identified critical flaws in the prosecution’s evidence.

Motorcycle Accidents

Motorcycle accidents often result in severe injuries due to the lack of protection for riders. In 2024, Texas saw 585 motorcyclist fatalities, with 37% of those killed not wearing helmets. While Texas law requires helmets for riders under 21, those over 21 can ride without a helmet if they’ve completed a safety course or have adequate medical insurance.

Common causes of motorcycle accidents in Frankston include:

  • Drivers failing to yield right of way
  • Distracted driving
  • Unsafe lane changes
  • Left-turn accidents (T-bone collisions)
  • Speeding

Insurance companies often try to blame motorcyclists for accidents, even when the other driver is clearly at fault. Texas’ 51% comparative fault rule means that if you’re found to be 51% or more at fault, you recover nothing. Our firm’s experience with comparative negligence arguments—including Lupe Peña’s background as an insurance defense attorney—gives us a significant advantage in countering these tactics.

Pedestrian Accidents

Pedestrians are the most vulnerable road users, and accidents involving pedestrians often result in catastrophic injuries. In 2024, Texas saw 6,095 pedestrian crashes, resulting in 768 fatalities. Pedestrians account for just 1% of crashes but 19% of all roadway deaths.

A critical legal point that many drivers don’t know: pedestrians always have the right-of-way at intersections, even at unmarked crosswalks. This means that at any intersection of two streets in Frankston, the space between them is legally considered a crosswalk—even if it’s not painted.

Common pedestrian accident injuries include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken pelvis and legs
  • Internal organ damage
  • Fatalities

Rideshare Accidents (Uber/Lyft)

Rideshare services like Uber and Lyft have become common in East Texas, including in Frankston and nearby Palestine. However, these accidents present unique insurance challenges due to the complex coverage phases:

Phase Driver Status Coverage Available
Period 0 – Offline App off, personal use Personal insurance only ($30K/$60K/$25K minimum)
Period 1 – Waiting App on, no ride request Contingent coverage ($50K/$100K/$25K)
Period 2 – Accepted Ride accepted, en route to pickup Full commercial ($1,000,000 liability)
Period 3 – Transporting Passenger in vehicle Full commercial ($1,000,000 liability)

This complexity means that the amount of insurance available depends on what the driver was doing at the exact moment of the accident. Lupe Peña’s insurance defense background gives us a significant advantage in navigating these complex coverage issues and maximizing your recovery.

Hit and Run Accidents

Hit and run accidents are particularly frustrating because the at-fault driver flees the scene. Nationally, someone is involved in a hit and run every 43 seconds. In Texas, hit and run penalties are severe:

Severity Charge Penalty
Death 2nd Degree Felony 2-20 years prison, up to $10K fine
Serious Bodily Injury 3rd Degree Felony 2-10 years prison, up to $10K fine
Minor Injury State Jail Felony Up to 5 years, up to $5K fine
Property Damage ≥$200 Class B Misdemeanor Up to 6 months jail, up to $2K fine

If you’re the victim of a hit and run in Frankston, your Uninsured Motorist (UM) coverage can provide compensation. We immediately send preservation letters to local businesses to secure surveillance footage before it’s deleted—typically within 7-30 days.

What to Do After a Motor Vehicle Accident in Frankston

If you’ve been involved in an accident in Frankston, taking the right steps immediately can significantly impact your ability to recover compensation. Here’s our 48-hour action protocol:

Hour 1-6: Immediate Crisis Response

  1. Safety First: If you can move safely, get to a secure location away from traffic.
  2. Call 911: Report the accident and request medical assistance if anyone is injured.
  3. Seek Medical Attention: Even if you feel fine, get checked by a medical professional. Adrenaline can mask serious injuries.
  4. Document Everything:
    • Take photos of all vehicle damage from multiple angles
    • Photograph the accident scene, road conditions, and traffic signals
    • Take photos of visible injuries
    • Screenshot any messages visible on your phone (do NOT delete anything)
  5. Exchange Information:
    • Other driver’s name, phone number, address
    • Insurance company and policy number
    • Driver’s license number
    • License plate number
    • Vehicle make, model, and color
  6. Witnesses: Get names and phone numbers of any witnesses.
  7. Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to any insurance company.

Hour 6-24: Evidence Preservation

  1. Digital Preservation:
    • Preserve all texts, calls, photos, and videos related to the accident
    • Do NOT delete anything from your phone
    • Screenshot everything relevant
    • Email copies to yourself for backup
  2. Physical Evidence:
    • Secure damaged clothing, glasses, or personal items
    • Keep receipts for any accident-related expenses
    • Do NOT repair your vehicle yet—preserve the damage
  3. Medical Records:
    • Request copies of all ER and hospital records
    • Keep all discharge paperwork
    • Follow up with your primary care physician within 48 hours
  4. Insurance Communications:
    • Note any calls from insurance companies
    • Do NOT give recorded statements yet
    • Do NOT sign anything
    • Do NOT accept any settlement offers
    • Say: “I need to speak with my attorney first”
  5. Social Media:
    • Make ALL profiles private immediately
    • Do NOT post about the accident
    • Do NOT post photos of injuries or activities
    • Tell friends and family not to tag you in posts

Hour 24-48: Strategic Decisions

  1. Legal Consultation: Speak with an experienced motor vehicle accident attorney. Call Attorney911 at 1-888-ATTY-911 for a free consultation.
  2. Insurance Response: If insurance contacts you, refer them to your attorney. Say: “My attorney will be in touch with you.”
  3. Settlement Offers: Do NOT accept or sign anything without lawyer review. Early offers are always lowball offers.
  4. Evidence Backup: Upload all screenshots and photos to cloud storage and email copies to yourself and a family member.

Week One Priorities

  1. Medical Follow-Up:
    • Continue documenting all injuries
    • See specialists if recommended
    • Follow ALL doctor’s recommendations
    • Get written work restrictions if needed
  2. Investigation Begins:
    • Attorney obtains police report
    • Preservation letters sent to all parties
    • Surveillance footage secured before deletion
    • Witness statements recorded
  3. Communication: Attorney handles ALL insurance communication while you focus on recovery.

Texas Motor Vehicle Accident Laws You Need to Know

Understanding Texas law is crucial after an accident. Here are the key legal concepts that affect your case:

Statute of Limitations

In Texas, you have 2 years from the date of the accident to file a personal injury lawsuit (Texas Civil Practice & Remedies Code § 16.003). For wrongful death claims, the 2-year clock starts from the date of death. Missing this deadline means your case is barred forever—you cannot sue, and you cannot recover compensation.

Exceptions:

  • Discovery Rule: The statute may start later if the injury wasn’t immediately discoverable.
  • Defendant Absence: The clock may be paused if the defendant leaves Texas.
  • Mental Incapacity: The clock may be paused during periods of incapacity.

Comparative Negligence (51% Bar Rule)

Texas uses a modified comparative negligence system. This means:

  • If you’re 50% or less at fault, you can recover damages, but your compensation is reduced by your percentage of fault.
  • If you’re 51% or more at fault, you recover nothing.

Examples:

Your Fault % Case Value Your Recovery
0% $100,000 $100,000
10% $100,000 $90,000
25% $250,000 $187,500
40% $500,000 $300,000
50% $500,000 $250,000
51% $500,000 $0

Insurance companies always try to assign maximum fault to victims to reduce their payouts. Even small fault percentages can cost you thousands:

  • 10% fault on a $100,000 case = $10,000 less for you
  • 25% fault on a $250,000 case = $62,500 less for you
  • 40% fault on a $500,000 case = $200,000 less for you

Lupe Peña’s experience as an insurance defense attorney gives us a significant advantage in countering these comparative fault arguments.

Texas Minimum Auto Insurance Requirements

Texas law requires all drivers to carry minimum liability insurance of 30/60/25:

  • $30,000 for bodily injury per person
  • $60,000 for bodily injury per accident
  • $25,000 for property damage per accident

However, 15.4% of Texas drivers are uninsured—approximately 1 in 7 drivers. This is why Uninsured/Underinsured Motorist (UM/UIM) coverage is critical. Texas allows inter-policy stacking, which means you can combine coverage from multiple policies.

How Insurance Companies Try to Minimize Your Claim

At Attorney911, we know exactly how insurance companies operate because Lupe Peña spent years working for them. He learned their tactics firsthand—now he uses that knowledge to fight for you. Here are the six most common insurance company tactics we see in Frankston cases:

1. Quick Contact & Recorded Statement Trap

What They Do:
Within days of your accident, an insurance adjuster will contact you—often while you’re still in the hospital, on pain medication, or overwhelmed by the situation. They’ll act friendly and helpful, saying things like:

  • “We just want to help you”
  • “We need your side of the story to process your claim”
  • “This is routine—everyone does this”
  • “It’ll only take a few minutes”

What They’re Really Doing:
They’re building their defense against you with leading questions designed to get you to say things that hurt your case:

Question They Ask What They Want You to Say
“You’re feeling better now though, right?” Trap you into saying you’re improving
“It wasn’t that bad of an impact, was it?” Minimize collision severity
“You were able to walk away from the scene?” Suggest injuries aren’t serious
“Were you distracted at all?” Get you to admit distraction
“How fast were you going?” Hope you overestimate or say “I don’t know”

Everything you say is documented, recorded, transcribed, and will be used against you. You cannot take it back.

The Truth:

  • You are not required to give a recorded statement to the other driver’s insurance company.
  • Giving a statement without an attorney almost always hurts your case.
  • Insurance companies know this—that’s why they push so hard.

How Attorney911 Counters This:
Once you hire us, we become your voice. All calls go through us. You don’t talk to adjusters. We prepare you properly if a statement becomes absolutely necessary, and we sit with you during any statements. We know their questions because Lupe asked them for years.

2. Quick Settlement Offer

What They Do:
Within days or weeks of your accident, the insurance company will offer you quick money—typically $2,000-$5,000, sometimes $10,000-$15,000 if they’re worried about liability. This sounds good when you have mounting bills and no income.

The Trap:
You don’t know the full extent of your injuries yet. Consider this real scenario:

Timeline What Happens Result
Day 3 Insurance offers $3,500 “final settlement” You’re desperate, in pain, scared
Week 6 MRI shows herniated disc requiring surgery Surgery costs $100,000
TOO LATE You signed the release You can’t reopen the claim
Outcome You pay $100,000 out of pocket Insurance pays nothing more

The release is permanent and final.

How Attorney911 Counters This:
We never settle before you reach Maximum Medical Improvement (MMI)—the point where you’ve recovered as much as you’re going to. This could be 6 months, 12 months, or even longer for serious injuries. We know these offers are always lowball amounts. Lupe calculated these lowball offers for years—he knows they’re offering 10-20% of what your case is truly worth.

3. “Independent” Medical Exam (IME) Scheme

What They Call It: “Independent Medical Examination”

What It Really Is: An insurance company-hired doctor whose job is to minimize your injuries.

How They Choose IME Doctors:
Insurance companies select doctors based on:

  • Who gives insurance-favorable reports (not who’s most qualified)
  • Doctors who consistently find “no injury” or “pre-existing condition”
  • Doctors paid thousands by insurance companies ($2,000-$5,000 per exam)
  • Repeat business = repeat favorable reports

What Happens at an IME:

  • A 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
  • Rarely review your complete medical records beforehand
  • Ask questions designed to elicit “I’m feeling better” responses
  • Look for any reason to minimize your injuries

Common IME Doctor Findings:

What They Say What It Means
“Patient has pre-existing degenerative changes” Everyone over 40 has some arthritis—used to deny claims
“Injuries consistent with minor trauma” Minimizes your pain and suffering
“Patient can return to full duty work” Eliminates lost wage claims
“Treatment has been excessive” Attacks your treating doctors
“Subjective complaints out of proportion to objective findings” Medical speak for calling you a liar

How Attorney911 Counters This:

  • We prepare you extensively before the exam
  • We send complete medical records to the IME doctor first (forcing review)
  • We challenge biased IME reports with our own medical experts
  • Lupe knows these specific doctors and their biases—he hired them for years

4. Delay and Financial Pressure

What They Do:
Insurance companies drag out your case, hoping you’ll get desperate and accept a low offer. They’ll say:

  • “We’re still investigating your claim”
  • “We’re waiting for medical records” (that we sent months ago)
  • “We’re reviewing your file”
  • “We need additional information”
  • They’ll ignore your calls and emails
  • Take weeks to respond to simple questions

Why Delay Works:
Insurance companies have:

  • Unlimited time
  • Unlimited resources
  • No financial pressure
  • Earning interest on YOUR settlement money while delaying

You have:

  • Mounting bills
  • Zero income
  • Creditors threatening
  • Need money NOW

Financial Desperation Makes You Accept Less:

  • Month 1: You’d reject a $5,000 offer
  • Month 6: You’d seriously consider $5,000
  • Month 12: You’d beg for $5,000 just to end the nightmare

How Attorney911 Counters This:

  • We file lawsuits to force deadlines
  • We set depositions, forcing them to produce witnesses
  • We prepare for trial, showing we’re serious
  • Lupe understands delay tactics because he used them—he knows when to push

5. Surveillance and Social Media Monitoring

What They Do:
Insurance companies hire private investigators to:

  • Video you doing daily activities
  • Film from public places (your driveway, street, stores)
  • Follow you to appointments, errands, social activities
  • Look for any activity that contradicts your injury claims
  • One video of you bending over = “Not really injured”

They Monitor All Your Social Media:

  • Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
  • Screenshot everything: photos, posts, check-ins, comments, likes
  • Monitor your friends’ profiles for posts mentioning you
  • Use facial recognition to find photos you’re tagged in
  • Archive your entire social media history

Examples We’ve Defended:

Example What Happened Insurance Claimed Reality
Old Gym Photo Gym photo from 3 years ago Presented as recent, contradicts injury We proved metadata was pre-accident
Restaurant Check-in Facebook check-in at restaurant “Partying and having fun” Sitting quietly having dinner
Friend’s Comment Friend posted “Had fun yesterday!” Evidence of non-injury Client was resting at home
Walking Dog Video of client walking dog slowly “Not disabled” Doctor recommended short walks
Smiling in Photo Family photo smiling “Not in pain—she’s smiling!” Everyone smiles for photos

7 Rules for Clients:

  1. Make ALL profiles private immediately
  2. DON’T post about the accident, injuries, activities, or emotions
  3. DON’T check in anywhere
  4. Tell friends and family: don’t tag, don’t post about you
  5. Don’t accept friend requests from strangers (fake profiles)
  6. BEST: Stay off social media entirely during your case
  7. Assume EVERYTHING is being monitored

Lupe’s Insider Quote:

“I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”

6. Comparative Fault Arguments

What They Do:
Insurance companies try to assign you maximum fault to reduce their payment, saying things like:

  • “You were speeding” (without evidence)
  • “You weren’t paying attention” (speculation)
  • “You could have avoided this” (hindsight bias)
  • “You were distracted” (guessing)
  • “You contributed to this accident” (shifting blame)

Why They Do This:
Texas’ 51% bar rule means:

  • If you’re 51% or more at fault → You get NOTHING
  • If you’re 50% or less at fault → Your damages are reduced by your percentage

Even small fault percentages cost you thousands:

  • 10% fault on a $100,000 case = $10,000 less for you
  • 25% fault on a $250,000 case = $62,500 less for you
  • 40% fault on a $500,000 case = $200,000 less for you

How Attorney911 Counters This:

  • Aggressive liability investigation
  • Accident reconstruction proving the other driver’s fault
  • Witness statements supporting your version
  • Police report analysis emphasizing citations
  • Expert testimony on perception-reaction time
  • Lupe knows their fault arguments because he made them for years—now he defeats them

How Attorney911 Uses Colossus Software to Your Advantage

Most people don’t realize that insurance companies use a computer program called Colossus to calculate the value of your claim. Lupe Peña knows this system intimately—he used it when he worked for insurance companies. Here’s how it works and how we beat it:

How Colossus Works

  1. Data Entry: The insurance adjuster inputs information about your case, including:

    • Injury codes
    • Treatment types
    • Medical costs
    • Lost wages
    • Jurisdiction
  2. Coding: Your injuries are coded using standardized medical terms. This is where insurance companies manipulate the system.

  3. Calculation: The software applies algorithms to determine the “value” of your claim.

  4. Range Output: The system provides a recommended settlement range.

  5. Authority: The adjuster typically cannot exceed this range without supervisor approval.

How Insurance Companies Manipulate Colossus

Manipulation Effect
Low Injury Codes Using “soft tissue strain” instead of “disc herniation” reduces value by 50-100%
Excessive Treatment Flags Physical therapy beyond what’s considered “normal” triggers reductions
Conservative Treatment Penalty Chiropractic care is valued less than treatment from MDs
Pre-Existing Reduction Any prior condition is used to reduce value
Jurisdiction Factor Low-verdict counties get lower values

Why Lupe’s Experience Matters

  • He knows how to code injuries properly for maximum value
  • He knows which medical terms trigger higher valuations
  • He knows when Colossus output is artificially low
  • He knows how to present medical records to beat the algorithm
  • He spent years working with these systems as a defense attorney

Reserve Setting: The Hidden Leverage Point

What Reserves Are:
Reserves are the amount of money the insurance company sets aside for your claim. This is based on their worst-case scenario—what they think a jury might award if your case went to trial.

How We Increase Reserves:

  • Hiring expert witnesses (shows we’re investing in the case)
  • Taking depositions (creates litigation expenses)
  • Filing a lawsuit (forces them to evaluate the case for trial)
  • Preparing for trial (shows we’re serious about going to court)

Lupe understands reserve psychology and settlement authority limits—this is a game-changing advantage that most law firms don’t have.

Types of Compensation You Can Recover

After a motor vehicle accident in Frankston, you may be entitled to various types of compensation. At Attorney911, we fight to recover every dollar you deserve:

Economic Damages (No Cap in Texas)

Damage Type What It Covers
Medical Expenses (Past) ER visits, hospital stays, surgeries, doctor visits, physical therapy, medications, medical equipment
Medical Expenses (Future) Ongoing treatment, future surgeries, lifetime medications, long-term care
Lost Wages (Past) Income lost from the date of the accident to the present
Lost Earning Capacity (Future) Reduced ability to earn income in the future due to permanent injuries
Property Damage Vehicle repair or replacement, personal property damaged in the accident
Out-of-Pocket Expenses Transportation to medical appointments, home modifications, household help

Non-Economic Damages (No Cap Except Medical Malpractice)

Damage Type What It Covers
Pain and Suffering Physical pain from injuries, both past and future
Mental Anguish Emotional distress, anxiety, depression, fear, PTSD
Physical Impairment Loss of physical function, disability, limitations
Disfigurement Scarring, permanent visible injuries affecting appearance
Loss of Consortium Impact on marriage and family relationships, loss of companionship
Loss of Enjoyment of Life Inability to participate in activities you previously enjoyed

Punitive/Exemplary Damages (Capped)

Punitive damages are available in cases involving gross negligence, fraud, or malice. They’re designed to punish the defendant and deter similar conduct. In Texas, punitive damages are capped at the greater of:

  • $200,000, OR
  • 2x economic damages + 1x non-economic damages (with a $750,000 cap on the non-economic portion)

Drunk driving cases often qualify for punitive damages.

Settlement Ranges by Injury Type

The value of your case depends on the severity of your injuries, the impact on your life, and the available insurance coverage. Here are typical settlement ranges for common injuries:

Soft Tissue Injuries (Whiplash, Sprains, Strains)

Medical Treatment:

  • Emergency room: $2,000-$5,000
  • Follow-up doctor visits: $1,000-$3,000
  • Physical therapy (6-12 weeks): $3,000-$7,000
  • Medications: $300-$1,000
  • Total Medical: $6,000-$16,000

Lost Wages: $2,000-$10,000 (2-6 weeks missed work)
Pain & Suffering: $8,000-$35,000

Settlement Range: $15,000-$60,000
Higher if: Permanent pain, restrictions on activities, chronic condition develops

Broken Bone (Single, Simple Fracture)

Medical Treatment:

  • Emergency room and X-rays: $3,000-$6,000
  • Orthopedic consultation: $500-$1,500
  • Casting and follow-up: $2,000-$5,000
  • Physical therapy: $3,000-$8,000
  • Total Medical: $10,000-$20,000

Lost Wages: $5,000-$15,000 (4-8 weeks missed work)
Pain & Suffering: $20,000-$60,000

Settlement Range: $35,000-$95,000

Broken Bone Requiring Surgery (ORIF)

Medical Treatment:

  • Emergency room: $5,000-$10,000
  • Surgery (Open Reduction Internal Fixation): $25,000-$50,000
  • Hospital stay (2-3 days): $6,000-$15,000
  • Follow-up care: $3,000-$8,000
  • Physical therapy (3-6 months): $8,000-$15,000
  • Total Medical: $47,000-$98,000

Lost Wages: $10,000-$30,000 (3-6 months)
Pain & Suffering: $75,000-$200,000

Settlement Range: $132,000-$328,000

Herniated Disc (Conservative Treatment)

Medical Treatment:

  • Emergency room and initial treatment: $3,000-$6,000
  • MRI: $2,000-$4,000
  • Physician visits and pain management: $5,000-$12,000
  • Physical therapy (3-6 months): $8,000-$15,000
  • Epidural steroid injections (series of 3): $3,000-$6,000
  • Medications: $1,000-$3,000
  • Total Medical: $22,000-$46,000

Lost Wages: $8,000-$25,000
Pain & Suffering: $40,000-$100,000

Settlement Range: $70,000-$171,000

Herniated Disc Requiring Surgery

Medical Treatment:

  • Initial treatment and diagnostics: $8,000-$15,000
  • Failed conservative treatment: $10,000-$20,000
  • Spinal surgery (microdiscectomy or fusion): $50,000-$100,000
  • Hospital stay: $8,000-$20,000
  • Post-surgical care and follow-up: $5,000-$15,000
  • Physical therapy (6-12 months): $10,000-$20,000
  • Pain management: $5,000-$15,000
  • Total Past Medical: $96,000-$205,000

Future Medical: $30,000-$100,000 (ongoing pain management, possible revision surgery)
Lost Wages: $20,000-$50,000 (6-12 months recovery)
Lost Earning Capacity: $50,000-$400,000 (if you can’t return to physical labor)
Pain & Suffering: $150,000-$450,000

Settlement Range: $346,000-$1,205,000

Traumatic Brain Injury (Moderate to Severe)

Medical Treatment:

  • Emergency room and trauma care: $10,000-$30,000
  • Hospital/ICU stay (1-4 weeks): $50,000-$200,000
  • Neurosurgery if required: $75,000-$200,000
  • Acute rehabilitation facility: $30,000-$100,000
  • Neurologist follow-up care: $10,000-$30,000
  • Neuropsychological testing: $3,000-$8,000
  • Cognitive therapy: $15,000-$50,000
  • Medications: $5,000-$20,000
  • Total Past Medical: $198,000-$638,000

Future Medical (Life Care Plan): $300,000-$3,000,000+ depending on severity
Lost Wages: $50,000-$200,000
Lost Earning Capacity: $500,000-$3,000,000+
Pain & Suffering: $500,000-$3,000,000+

Settlement Range: $1,548,000-$9,838,000

Attorney911 Documented Result:

“Multi-million dollar settlement for client who suffered brain injury with vision loss when a log dropped on him at a logging company.”

Spinal Cord Injury / Paralysis

Lifetime Care Costs by Level:

Injury Level First Year Each Year After Lifetime Total
High Tetraplegia (C1-C4) $1,200,000-$1,500,000 $200,000-$250,000 $6,000,000-$13,000,000+
Low Tetraplegia (C5-C8) $850,000-$1,100,000 $75,000-$100,000 $3,700,000-$6,100,000+
Paraplegia (T1-L5) $500,000-$750,000 $70,000-$90,000 $2,500,000-$5,250,000+

Settlement Range: $4,770,000-$25,880,000

Amputation

Medical Treatment:

  • Emergency care and surgery: $80,000-$200,000
  • Hospital stay: $50,000-$150,000
  • Rehabilitation: $30,000-$100,000
  • Initial prosthetic fitting: $10,000-$30,000
  • Total Past Medical: $170,000-$480,000

Future Medical (Lifetime Prosthetics):

  • Basic prosthetic leg: $5,000-$15,000 every 3-5 years
  • Advanced computerized prosthetic: $50,000-$100,000 every 3-5 years
  • Over lifetime (30-50 years): $500,000-$2,000,000

Settlement Range: $1,945,000-$8,630,000

Attorney911 Documented Result:

“In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”

Wrongful Death (Working Age Adult)

Economic Damages:

  • Funeral and burial: $10,000-$20,000
  • Medical expenses before death: $50,000-$500,000
  • Lost financial support to family (present value): $1,000,000-$4,000,000

Non-Economic Damages:

  • Loss of companionship, society, and love: $500,000-$3,000,000
  • Loss of advice and counsel: $100,000-$500,000
  • Mental anguish (family members): $250,000-$1,500,000

Settlement Range: $1,910,000-$9,520,000

Attorney911 Documented Result:

“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”

How We Calculate Your Case Value

Most insurance companies use a multiplier method to calculate pain and suffering:

Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage

The multiplier ranges from 1.5 to 5, depending on the severity of your injuries and other factors:

Injury Severity Multiplier Range
Minor injuries (soft tissue, quick recovery) 1.5 – 2
Moderate injuries (broken bones, months recovery) 2 – 3
Severe injuries (surgery, long recovery) 3 – 4
Catastrophic injuries (permanent disability) 4 – 5+

Example – Minor Injury:

  • Medical expenses: $10,000
  • Multiplier: 1.5
  • Pain & suffering: $15,000
  • Lost wages: $3,000
  • Total: $28,000

Example – Severe Injury:

  • Medical expenses: $100,000
  • Multiplier: 4
  • Pain & suffering: $400,000
  • Lost wages: $50,000
  • Total: $550,000

Factors That Increase the Multiplier (Push Toward 4-5):

  • Permanent injury or disability
  • Scarring or disfigurement
  • Long recovery time (12+ months)
  • Surgery required
  • Ongoing pain management needed
  • Clear liability (other driver 100% at fault)
  • Sympathetic plaintiff (child, elderly, pregnant)
  • Defendant’s conduct was egregious (drunk driving, hit and run)
  • Strong evidence (video, witnesses)
  • Permanent restrictions on work or activities

Factors That Decrease the Multiplier (Push Toward 1.5-2):

  • Soft tissue injury only
  • Quick recovery (under 3 months)
  • No surgery required
  • Disputed liability (comparative fault)
  • Gaps in medical treatment
  • Pre-existing conditions
  • Minor property damage
  • No permanent injury

Why Lupe’s Experience Matters

Lupe calculated these multipliers for years using insurance company formulas. He knows:

  • When to push for a higher multiplier (4-5 vs. 2-3)
  • Which factors insurance weighs most heavily
  • How to document cases to justify higher multipliers
  • When the multiplier method undervalues the case (catastrophic injuries)
  • When to abandon the multiplier and demand policy limits

At Attorney911, we don’t accept low multipliers. Insurance might offer a 1.5× multiplier for a severe injury, but we fight for 4-5×. We document the permanency, impact, and severity of your injuries. We prepare for trial if they won’t pay a fair multiplier. Our multi-million dollar results prove we don’t accept low multipliers.

Why Choose Attorney911 for Your Frankston Motor Vehicle Accident Case

When you’ve been injured in a motor vehicle accident in Frankston, you need a law firm that combines local knowledge with proven results. Here’s why Attorney911 is the right choice:

1. Insurance Defense Insider Advantage

“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”

This is Attorney911’s biggest competitive advantage—one that no other firm in Frankston can match. Lupe spent years working for insurance companies, learning:

  • How they value claims (Colossus software, reserve setting)
  • Their settlement authority structures and approval processes
  • Their defense tactics and delay strategies
  • How they select IME (Independent Medical Exam) doctors
  • Their surveillance and investigation methods
  • Their delay and financial pressure tactics
  • How they argue comparative fault

Now, Lupe uses that knowledge to fight for victims, not against them. As he explains:

“I’ve reviewed hundreds of surveillance videos and social media posts as a defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life—they’re building ammunition against you.”

2. Multi-Million Dollar Results

At Attorney911, we don’t just talk about results—we prove them with documented case outcomes:

  • Logging Brain Injury: “Multi-million dollar settlement for client who suffered brain injury with vision loss when a log dropped on him at a logging company.”
  • Car Accident Amputation: “In a recent case, our client’s leg was injured in a car accident. Staff infections during treatment led to a partial amputation. This case settled in the millions.”
  • Trucking Wrongful Death: “At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
  • Maritime Back Injury: “In a recent case, our client injured his back while lifting cargo on a ship. Our investigation revealed that he should have been assisted in this duty, and we were able to reach a significant cash settlement.”

These results demonstrate our ability to handle complex, high-value cases and secure substantial recoveries for our clients.

3. Federal Court Experience

Ralph Manginello is admitted to practice in the U.S. District Court, Southern District of Texas. This federal court admission is crucial for complex cases, including:

  • Trucking accidents involving FMCSA regulations
  • Cases with defendants from out of state
  • Catastrophic injury cases with high damages
  • Cases against large corporations

Our involvement in the BP Texas City explosion litigation further demonstrates our capability to handle complex, high-stakes cases. We were one of the few firms in Texas involved in this billion-dollar litigation, taking on one of the world’s largest corporations.

4. Personal Attention from Experienced Attorneys

At Attorney911, you work directly with Ralph Manginello and Lupe Peña—not case managers or paralegals. As client Chad Harris shared:

“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.”

This personal attention sets us apart from high-volume firms where you’re just a case number. Our clients consistently praise our communication and care:

“Consistent communication and not one time did I call and not get a clear answer…Ralph reached out personally.” – Dame Haskett

“I never felt like ‘just another case’ they were working on.” – Ambur Hamilton

“Leonor and Amanda were amazing, they walked me through everything with my car accident.” – Kelly Hunsicker

5. Contingency Fee – No Risk to You

We work on a contingency fee basis—you pay nothing unless we win your case. Our fee structure is:

  • 33.33% of the recovery if the case settles before trial
  • 40% if the case goes to trial

There are no upfront costs, no hourly fees, and no financial risk to you. As client Donald Wilcox experienced:

“One company said they would not accept my case. Then I got a call from Manginello…I got a call to come pick up this handsome check.”

6. Bilingual Services for the Frankston Community

At Attorney911, we understand that language should never be a barrier to justice. Our team includes bilingual staff, and Lupe Peña is fluent in Spanish. As client Celia Dominguez shared:

“Especially Miss Zulema, who is always very kind and always translates.”

Whether you’re more comfortable speaking English or Spanish, we ensure clear communication throughout your case.

7. Community Trust and Recognition

Attorney911 is recognized and trusted in the Frankston community and beyond. We’re proud to have the endorsement of Trae Tha Truth, one of Houston’s most respected figures. As client Jacqueline Johnson noted:

“One of Houston’s Great Men Trae Tha Truth has recommended this law firm. So if he is vouching for them then I know they do good work.”

Our 4.9-star Google rating from over 250 reviews further demonstrates our commitment to client satisfaction.

Frequently Asked Questions About Motor Vehicle Accidents in Frankston

Immediate After Accident

1. What should I do immediately after a car accident in Frankston, Texas?

If you’ve been in an accident in Frankston:

  • Call 911 and report the accident
  • Seek medical attention even if you feel fine (adrenaline masks injuries)
  • Document everything: photos of damage, injuries, scene
  • Exchange information with the other driver
  • Get witness names and phone numbers
  • Do NOT give a recorded statement to any insurance company
  • Call Attorney911 at 1-888-ATTY-911 for immediate legal guidance

2. Should I call the police even for a minor accident?

Yes. Always call the police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.

3. Should I seek medical attention if I don’t feel hurt?

Absolutely. Many serious injuries don’t show symptoms immediately:

  • Traumatic brain injuries can take days to manifest
  • Internal bleeding may not be obvious
  • Herniated discs may not cause pain for weeks
  • Adrenaline masks pain at the scene

Insurance companies use delays in treatment against you. Get checked immediately.

4. What information should I collect at the scene?

  • Other driver: name, phone, address, driver’s license, insurance
  • Vehicle: make, model, color, license plate
  • Witnesses: names and phone numbers
  • Photos: all vehicle damage, injuries, road conditions, traffic signals
  • Police: officer name, badge number, report number

5. Should I talk to the other driver or admit fault?

  • Exchange information only
  • Do NOT discuss fault
  • Do NOT apologize or say “I’m sorry” (can be used as admission)
  • Do NOT give your opinion on what happened
  • Stick to facts only

6. How do I obtain a copy of the accident report?

In Frankston, you can obtain the police report from the responding law enforcement agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS).

Dealing with Insurance

7. Should I give a recorded statement to insurance?

To the other driver’s insurance: NO. Not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first. We can advise you.

8. What if the other driver’s insurance contacts me?

Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give a recorded statement. Do NOT discuss injuries or fault.

9. Do I have to accept the insurance company’s estimate?

No. Their estimate is just an offer. It’s usually far below the actual value of your case. Attorney911 fights for what your case is really worth.

10. Should I accept a quick settlement offer?

NEVER accept a settlement before knowing the full extent of your injuries. Once you sign a release, you cannot get more money even if you need surgery later.

11. What if the other driver is uninsured or underinsured?

Your own UM/UIM (Uninsured/Underinsured Motorist) coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8

12. Why does insurance want me to sign a medical authorization?

They want unlimited access to your entire medical history to find pre-existing conditions to use against you. Never sign without attorney review.

Legal Process

13. Do I have a personal injury case?

You may have a case if:

  • Someone else was at fault (even partially)
  • You suffered injuries or damages
  • There is insurance to recover from

Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims

14. When should I hire a car accident lawyer?

Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911 at 1-888-ATTY-911.

15. How much time do I have to file (statute of limitations)?

In Texas: 2 years from the date of the accident for personal injury, 2 years from the date of death for wrongful death. Miss it = case barred forever.

16. What is comparative negligence and how does it affect me?

Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover damages (reduced by your fault %). If you’re 51% or more at fault, you recover nothing.

Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4

17. What happens if I was partially at fault?

You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.

18. Will my case go to trial?

Most cases settle before trial. But Attorney911 prepares every case as if it’s going to trial. That’s what gives us leverage in negotiations.

Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc

19. How long will my case take to settle?

It depends on the severity of your injuries. We don’t settle until you’ve reached Maximum Medical Improvement (MMI)—the point where you’ve recovered as much as you’re going to. This could be 6 months for minor injuries or 18-24 months for serious injuries.

20. What is the legal process step-by-step?

  1. Investigation and evidence gathering
  2. Medical treatment to MMI
  3. Demand letter to insurance
  4. Negotiation
  5. Lawsuit if necessary
  6. Discovery
  7. Mediation
  8. Trial if needed

Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs

Compensation

21. What is my case worth?

It depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).

22. What types of damages can I recover?

  • Medical expenses (past and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Mental anguish
  • Physical impairment
  • Disfigurement
  • Loss of enjoyment of life
  • Property damage

23. Can I get compensation for pain and suffering?

Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is no cap on pain and suffering damages (except in medical malpractice cases).

24. What if I have a pre-existing condition?

You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule—defendants take victims as they find them.

25. Will I have to pay taxes on my settlement?

Generally, compensation for physical injuries is not taxable. Punitive damages are taxable. Consult a tax professional for your specific situation.

26. How is the value of my claim determined?

Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.

Attorney Relationship

27. How much do car accident lawyers cost?

Attorney911 works on a contingency fee basis: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.

Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc

28. What does “no fee unless we win” mean?

You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.

29. How often will I get updates?

Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did I call and not get a clear answer.”

30. Who will actually handle my case?

At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals. As Chad Harris shared: “You are NOT just some client…You are FAMILY to them.”

31. What if I already hired another attorney?

You can switch. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”

Mistakes to Avoid

32. What common mistakes can hurt my case?

  • Giving a recorded statement without an attorney
  • Accepting a quick settlement
  • Delaying medical treatment
  • Gaps in treatment
  • Posting on social media
  • Signing releases or authorizations
  • Not documenting everything

Watch our video: “Client Mistakes That Can Ruin Your Case” at https://www.youtube.com/watch?v=r3IYsoxOSxY

33. Should I post about my accident on social media?

NO. Make all profiles private. Don’t post about the accident, injuries, or activities. Insurance companies monitor everything.

34. Why shouldn’t I sign anything without a lawyer?

Releases are permanent. Medical authorizations give unlimited access to your records. Settlement offers are binding. Once signed, you can’t undo it.

35. What if I didn’t see a doctor right away?

See one now. Explain that you didn’t realize the severity of your injuries. Delayed symptoms are common. We can still help.

Additional Common Questions

36. What if I have a pre-existing condition?

You can still recover. If the accident aggravated your pre-existing condition, you’re entitled to compensation for the aggravation. The “eggshell plaintiff” rule means defendants take victims as they find them. For example: if you had mild occasional back pain before the accident, but the accident caused a herniated disc requiring surgery, you can recover for the new injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance companies attack pre-existing conditions—he used this defense for years.

37. Can I switch attorneys if I’m unhappy with my current lawyer?

YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys. As Greg Garcia shared: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” Call 1-888-ATTY-911 to discuss switching.

38. What if the insurance company is my own insurance (UM/UIM claim)?

Uninsured/Underinsured Motorist (UM/UIM) claims are made against your own insurance when the other driver has no insurance or insufficient insurance. Unfortunately, your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation. Texas allows inter-policy stacking, which means you can combine coverage from multiple policies. Lupe’s insurance knowledge is critical for maximizing your UM/UIM recovery.

39. How do you calculate pain and suffering?

Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. The multiplier depends on injury severity, permanency, impact on life, and clear liability. For example: $100,000 in medical bills × 4 multiplier = $400,000 for pain and suffering. Lupe calculated these for years—he knows how to justify higher multipliers. See our “Damages & Compensation” section for a detailed breakdown.

40. What if I was hit by a government vehicle (city bus, police car, etc.)?

Government claims have special rules. You must file a notice of claim within 6 months (much shorter than the 2-year statute of limitations). Sovereign immunity protects government entities, and damage caps may apply. These cases are complex—you need an experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—the 6-month deadline is strict.

41. What if the other driver fled the scene (hit and run)?

File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage can provide compensation. Surveillance footage is critical—most footage is deleted within 7-30 days. We send preservation letters immediately to local businesses. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.

42. What if I’m an undocumented immigrant—can I still file a claim?

YES. Your immigration status does not affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.

43. What if the accident happened in a parking lot?

Parking lot accidents are fully compensable. Insurance companies often argue that “parking lot accidents are always 50/50 fault,” but this is a lie. We prove fault through surveillance video, witness statements, damage analysis, and traffic patterns. Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.

44. What if I was a passenger in the at-fault vehicle?

You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. The driver’s insurance covers passengers. No comparative fault issues apply to you (you weren’t driving). These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.

45. What if the other driver died in the accident?

You can still pursue a claim against the deceased driver’s estate and insurance. The death doesn’t eliminate liability. The insurance policy still applies. The estate may have assets. Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.

Common Injuries in Motor Vehicle Accidents and Their Impact

Understanding your injuries is crucial for your recovery and your legal case. At Attorney911, we connect the medical reality of your injuries to the legal process, ensuring you receive full compensation for your damages.

Traumatic Brain Injury (TBI)

Symptoms:

  • Immediate: Loss of consciousness, confusion, vomiting, seizures, severe headache, dilated pupils, slurred speech, weakness or numbness
  • Delayed: Worsening headaches, repeated vomiting, seizures, slurred speech, personality changes, sleep disturbances, sensitivity to light and noise, confusion, memory problems

Severity Classifications:

  • Mild TBI/Concussion: Brief loss of consciousness, GCS 13-15, may seem “fine” initially but can have serious long-term effects
  • Moderate TBI: Loss of consciousness for minutes to hours, GCS 9-12, lasting cognitive impairment, requires hospitalization
  • Severe TBI: Extended unconsciousness or coma, GCS 3-8, permanent disability likely, lifetime care needs

Long-Term Complications:

  • Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration leading to personality changes and dementia
  • Post-Concussive Syndrome: Headaches, dizziness lasting months or years (affects 10-15% of mild TBI patients)
  • Increased Dementia Risk: A single moderate TBI doubles dementia risk later in life
  • Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
  • Seizure Disorders: Can develop months or years after injury
  • Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing

Legal Considerations:
Insurance companies often try to minimize cognitive symptoms, arguing they’re “subjective” or “pre-existing.” We use neuropsychological testing, expert testimony, and detailed medical documentation to prove the full extent of your injuries.

Spinal Cord Injury

Injury Levels and Impact:

Injury Level Characteristics
Cervical Spine (C1-C8, Neck Region)
C1-C4 (High Cervical) Quadriplegia (all four limbs paralyzed), possible ventilator dependence, 24/7 care required
C5-C8 (Low Cervical) Quadriplegia with some arm/hand function, wheelchair dependent
Thoracic Spine (T1-T12, Mid-Back) Paraplegia (lower body paralysis), wheelchair dependent, trunk control varies by level
Lumbar Spine (L1-L5, Lower Back) Varying degrees of leg weakness/paralysis, bowel/bladder dysfunction common, may walk with assistive devices

ASIA Impairment Scale:

Grade Classification Prognosis
A Complete No motor or sensory function below injury – worst prognosis
B Sensory Incomplete Sensory function but no motor function below injury
C Motor Incomplete Motor function but most muscles <3/5 strength
D Motor Incomplete Motor function with most muscles ≥3/5 strength
E Normal Full motor and sensory function (recovered)

Secondary Complications:

  • Pressure sores (leading cause of hospitalization)
  • Respiratory complications (pneumonia – leading cause of death)
  • Bowel and bladder dysfunction
  • Sexual dysfunction
  • Autonomic dysreflexia (life-threatening blood pressure crisis)
  • Depression (40-60% of patients)
  • Shortened life expectancy (5-15 years on average)

Legal Considerations:
Spinal cord injuries require lifetime care planning. We work with life care planners to document future medical needs and ensure full compensation for lifetime costs.

Amputation

Types:

  • Traumatic Amputation: Limb severed at the accident scene by collision impact
  • Surgical Amputation: Due to crush injuries or infections (like our client whose leg injury led to staff infections and partial amputation)

Levels:

  • Above-Knee: More difficult, less mobility, more expensive prosthetics
  • Below-Knee: Better mobility potential, easier prosthetic use
  • Upper Extremity: Arm, hand, fingers
  • Multiple Limbs: Exponentially more challenging

Phantom Limb Pain:

  • 80% of amputees experience phantom pain
  • Feeling pain in a limb that’s no longer there
  • Can be severe and debilitating
  • Often a permanent condition
  • Requires lifetime pain management

Legal Considerations:
Amputations require extensive future medical planning, including:

  • Lifetime prosthetic costs ($5,000-$15,000 every 3-5 years for basic prosthetics)
  • Advanced computerized prosthetics ($50,000-$100,000 every 3-5 years)
  • Home modifications
  • Vehicle modifications
  • Physical therapy and rehabilitation

Burn Injuries

Classifications:

Degree Characteristics Treatment
First-Degree Superficial, like sunburn, heals 7-10 days Outpatient care
Second-Degree Blistering, severe pain, may scar Monitor, possible hospital stay
Third-Degree Full thickness, destroys all skin, always scars Skin grafting required
Fourth-Degree Extends into muscle and bone Often requires amputation

Body Surface Area Impact:

% Body Burned Treatment Required
<10% Usually outpatient care
10-20% Hospitalization required
20-40% Burn center, ICU, multiple surgeries
>40% Extremely life-threatening
>60% Often fatal

Legal Considerations:
Burn injuries often require:

  • Multiple skin graft surgeries
  • Long-term rehabilitation
  • Psychological counseling
  • Scar revision procedures
  • Specialized burn garments
  • Home modifications for accessibility

Herniated Disc

Treatment Timeline:

  1. Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
  2. Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic care. Cost: $5,000-$12,000
  3. Interventional (If Conservative Fails): Epidural steroid injections. Cost: $3,000-$6,000
  4. Surgery (If Injections Fail): Microdiscectomy or spinal fusion. Cost: $50,000-$120,000

Permanent Restrictions Impact:

  • Inability to return to physical labor jobs
  • Lost earning capacity claims
  • Ongoing pain management needs
  • Potential for future surgeries

Legal Considerations:
Insurance companies often argue that herniated discs are “pre-existing” or “degenerative.” We use MRI evidence, expert testimony, and detailed medical records to prove the accident caused or aggravated your condition.

Soft Tissue Injuries

Why Insurance Undervalues Soft Tissue:

  • No broken bones or surgery = appears “minor”
  • Difficult to see on X-rays
  • Symptoms are subjective (pain, stiffness)

Why Soft Tissue Can Be Serious:

  • 15-20% develop chronic pain
  • Can prevent return to physical jobs
  • Whiplash can cause permanent problems
  • Often misdiagnosed initially (rotator cuff tears thought to be sprains)

Proper Documentation is Critical:

  • Detailed pain descriptions to doctors
  • Consistent treatment (no gaps)
  • MRI proving injury
  • Physical therapy records
  • Work restrictions documented

Psychological Injuries

PTSD After Motor Vehicle Accidents:

  • 32-45% of accident victims develop PTSD symptoms
  • Anxiety about driving again
  • Fear of getting in cars (as driver or passenger)
  • Panic attacks near accident location or similar roads
  • Sleep disturbances, nightmares, flashbacks
  • Avoidance behaviors

Compensable Psychological Damages:

  • Mental anguish
  • Emotional distress
  • Anxiety and depression
  • Loss of enjoyment of life
  • Fear and worry
  • Relationship impacts

Legal Considerations:
Insurance companies often dismiss psychological injuries as “not real” or “pre-existing.” We document these injuries through:

  • Psychiatric evaluations
  • Therapy records
  • Medication records
  • Family member testimony
  • Expert testimony on the impact of trauma

How Attorney911 Investigates Your Frankston Motor Vehicle Accident

At Attorney911, we conduct thorough investigations to build the strongest possible case for our clients. Here’s what we do:

Evidence Collection and Preservation

Within 24 Hours of Retention:
We send preservation letters to all parties, demanding they preserve critical evidence before it’s automatically deleted:

  • Other driver’s insurance company (all communications, claim files)
  • Trucking companies (ELD data, driver logs, maintenance records)
  • Businesses near the accident scene (surveillance footage)
  • Employers (employment records, work schedules)
  • Property owners (security camera footage)
  • Government entities (traffic camera footage)
  • Vehicle manufacturers (black box/EDR data)

Why This Matters:

  • Surveillance footage is typically deleted within 7-30 days
  • ELD/black box data can be overwritten in 30-180 days
  • Witness memories fade quickly
  • Without preservation letters, evidence disappears forever

Accident Reconstruction

We work with accident reconstruction experts to determine:

  • How the accident occurred
  • Who was at fault
  • Vehicle speeds and angles
  • Whether safety systems (brakes, airbags) functioned properly
  • Whether road conditions contributed to the accident

Witness Interviews

We locate and interview witnesses before their memories fade. Witness statements can be crucial in proving liability, especially in cases where fault is disputed.

Electronic Data Analysis

For commercial vehicle accidents, we obtain and analyze:

  • Electronic Logging Device (ELD) data
  • Vehicle black box/Event Data Recorder (EDR) information
  • GPS/telematics data
  • Cell phone records (to prove distraction)

Medical Records Review

We obtain and review all medical records to:

  • Document the full extent of your injuries
  • Establish the link between the accident and your injuries
  • Identify any gaps in treatment that insurance might use against you
  • Develop a comprehensive treatment plan for future medical needs

Expert Witnesses

We work with a variety of expert witnesses, including:

  • Accident Reconstructionists: To prove how the accident occurred
  • Medical Experts: To explain your injuries and prognosis
  • Life Care Planners: To document lifetime care needs for catastrophic injuries
  • Vocational Experts: To assess lost earning capacity
  • Economists: To calculate the present value of future losses
  • Biomechanical Engineers: To explain how injuries were caused by collision forces
  • Trucking Industry Experts: To identify FMCSA violations
  • Human Factors Experts: To analyze perception-reaction time and visibility issues

Surveillance Countermeasures

If insurance companies are conducting surveillance on you, we:

  • Advise you on how to protect your privacy
  • Document any surveillance attempts
  • Challenge the admissibility of biased or out-of-context footage
  • Use surveillance footage that helps your case

What to Expect When You Work with Attorney911

At Attorney911, we believe in transparency and clear communication. Here’s what you can expect when you choose our firm:

Initial Consultation

Your journey with Attorney911 begins with a free, no-obligation consultation. During this meeting, we’ll:

  • Listen to your story and understand what happened
  • Evaluate the strength of your case
  • Explain your legal rights and options
  • Answer all your questions
  • Provide immediate guidance on what to do next

This consultation is completely confidential and comes with no obligation to hire us.

Case Investigation

After you retain our firm, we immediately begin investigating your case:

  • Obtain the police report
  • Interview witnesses
  • Collect and preserve evidence
  • Obtain medical records
  • Consult with experts
  • Send preservation letters to all relevant parties

Medical Treatment

We help you get the medical treatment you need:

  • Connect you with trusted medical providers
  • Help you find doctors who accept liens (treat now, pay from settlement)
  • Ensure you follow all treatment recommendations
  • Document your injuries and treatment thoroughly

Demand Letter and Negotiation

Once you’ve reached Maximum Medical Improvement (MMI), we:

  • Compile all medical records and bills
  • Calculate all economic and non-economic damages
  • Prepare a comprehensive demand package
  • Send a demand letter to the insurance company
  • Negotiate aggressively for maximum compensation

Settlement or Litigation

If we can’t reach a fair settlement through negotiation, we’re prepared to take your case to court:

  • File a lawsuit on your behalf
  • Conduct discovery (interrogatories, depositions, document requests)
  • Prepare for mediation
  • Try your case before a judge or jury if necessary

Throughout the process, we keep you informed and involved. As client Dame Haskett shared: “Consistent communication and not one time did I call and not get a clear answer.”

Why Time is Critical After a Frankston Motor Vehicle Accident

Every day you wait after a motor vehicle accident in Frankston, evidence disappears and your case becomes harder to prove. Here’s the evidence deterioration timeline:

Day 1-7:

  • Witness memories peak then begin fading immediately
  • Witnesses become harder to locate as days pass
  • Details are forgotten or become uncertain
  • Physical evidence: Skid marks fade, debris is cleared, the accident scene is cleaned

Day 7-30:

  • Surveillance footage is deleted:
    • Gas stations: 7-14 days typical
    • Retail stores: 30 days typical
    • Ring doorbells: 30-60 days
    • Traffic cameras: 30 days
  • Once deleted = GONE FOREVER – cannot be recovered
  • Witnesses: Change jobs, move, become unreachable
  • Scene changes: Road repairs, new striping, traffic signals adjusted

Month 1-2:

  • Insurance companies solidify their defense position
  • Adjusters have built a file against you
  • Their settlement position hardens
  • Vehicle repairs: Evidence from vehicles is destroyed once repaired

Month 2-6:

  • Trucking electronic data is deleted:
    • ELD (Electronic Logging Device) data: 30-180 days retention
    • Black box data: Can be automatically overwritten
    • GPS/telematics: Varies by company
  • Cell phone records: Harder to obtain as time passes
  • Social media: Posts are deleted, accounts are deactivated

Month 6-12:

  • Witnesses: Graduate, move away, memory severely degraded
  • Medical evidence: Harder to link injuries to the accident
  • Treatment gaps: Used against you by insurance companies
  • Financial desperation: Mounting bills make you vulnerable to lowball offers

Month 12-24:

  • Approaching the statute of limitations
  • Creates pressure to settle (insurance knows you’re desperate)
  • Evidence is severely degraded
  • Case value is diminished

This is why you should call Attorney911 immediately at 1-888-ATTY-911. Every day you wait, your case becomes harder to prove and your recovery becomes smaller.

Attorney911’s Commitment to the Frankston Community

At Attorney911, we’re proud to serve the Frankston community and all of East Texas. We understand the unique challenges that accident victims face in our region, from the rural roads of Anderson County to the busy highways connecting Frankston to Palestine, Tyler, and beyond.

Local Knowledge

We know Frankston and the surrounding areas. We understand:

  • The local courts and judges
  • The insurance adjusters who handle claims in Anderson County
  • The unique traffic patterns and accident hotspots
  • The local medical providers and trauma centers
  • The economic realities of East Texas

Community Involvement

Attorney911 is committed to giving back to the communities we serve. We support:

  • Local schools and educational programs
  • Community events and festivals
  • Local charities and nonprofits
  • First responder appreciation initiatives

Educational Commitment

We believe that knowledge is power. That’s why we’ve created hundreds of educational resources:

  • 291+ YouTube videos on personal injury topics
  • Attorney 911 Podcast with real-world case insights
  • Comprehensive website content answering your legal questions
  • Free consultations to educate accident victims about their rights

Accessibility

We make legal representation accessible to everyone in Frankston and East Texas:

  • Bilingual services (English and Spanish)
  • Contingency fee structure (no fee unless we win)
  • Free consultations (no obligation)
  • Multiple office locations (Houston, Austin, Beaumont)
  • Willingness to travel to meet clients in Frankston and surrounding areas

Contact Attorney911 Today

If you or a loved one has been injured in a motor vehicle accident in Frankston, Texas, don’t wait. Every day you delay, evidence disappears and your case becomes harder to prove.

Call Attorney911 now at 1-888-ATTY-911 (1-888-288-9911) for a free, no-obligation consultation. We’re available 24/7 to help you understand your rights and options.

Remember:

  • Free consultation: No cost, no obligation
  • No fee unless we win: You pay nothing unless we recover compensation for you
  • Evidence disappears daily: Call now to preserve your case
  • Insurance companies are already building their case against you: Don’t face them alone
  • We treat you like family: At Attorney911, you’re not just a case number

What to do next:

  1. Call 1-888-ATTY-911
  2. Speak with an experienced attorney (not a case manager)
  3. Schedule your free consultation
  4. Get immediate guidance on what to do next
  5. Focus on your recovery while we handle the legal details

As client Glenda Walker shared: “They make you feel like family and even though the process may take some time, they make it feel like a breeze. They fought for me to get every dime I deserved.”

Don’t wait—call Attorney911 today at 1-888-ATTY-911. Your recovery starts with one call.

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