North America Car & Truck Accident Attorneys | 18-Wheelers, Commercial, Rideshare, Drunk Drivers | Former Insurance Defense — We Know Their Playbook | Multi-Million-Dollar Results | Attorney911 — The Firm Insurers Fear | Federal Court Experience | 1-888-ATTY-911

If you’ve been injured in an accident in North America, the path to recovery can feel overwhelming. Suddenly, you’re facing medical bills, lost wages, and confusing calls from insurance companies, all while trying to heal. We understand. At Attorney911, a trade name of The Manginello Law Firm, PLLC, we know that these are more than just legal cases; they are critical junctures in people’s lives. That’s why we bring over 25 years of experience to fight for individuals and families across North America, ensuring they receive the full compensation they deserve.

Our founder, Ralph Manginello, created Attorney911 with a commitment to providing immediate, expert legal help to accident victims. From the moment you call 1-888-ATTY-911, you’re connected to a team that understands the complexities of personal injury law in North America. We know the local traffic patterns, the major highways, and the unique challenges facing residents here. Our attorneys have been admitted to federal court, a distinction few firms possess, and Ralph Manginello was even involved in significant BP explosion litigation, demonstrating our capability to take on the largest corporations. This experience means we’re prepared for every challenge your case in North America might present.

We are not just Texas attorneys; we are deeply rooted in the communities we serve. Our firm understands that when you’re facing a legal emergency in North America, you need a legal team that acts fast, understands what’s at stake, and has a proven track record. This is precisely what we offer. Remember, every day you wait, crucial evidence can disappear, witnesses’ memories can fade, and insurance companies will be building a case against you. Don’t face this battle alone. Call us for a free consultation at 1-888-ATTY-911, where we speak your language and fight for your rights.

Your Immediate 48-Hour Accident Protocol in North America

The moments immediately following an accident in North America can be disorienting and terrifying. What you do—or don’t do—in the critical first 48 hours can significantly impact your physical recovery, your legal rights, and the compensation you receive. At Attorney911, we believe in empowering you with actionable information, starting with this essential protocol. Remember, the clock starts ticking for evidence preservation the moment the crash occurs.

Hour 1-6: Immediate Crisis Response

Your safety and the preservation of crucial evidence are paramount in these initial hours after an accident in North America.

• Safety First: If you can do so without risking further injury, move your vehicle and yourself to a safe location away from oncoming traffic. If the vehicles are immobilized, stay inside with your seatbelt fastened until first responders arrive.
• Call 911: Always report the accident to law enforcement. This initiates an official record and ensures medical assistance is dispatched if anyone is injured. Even for seemingly minor incidents in North America, a police report is invaluable.
• Seek Medical Attention: Do not underestimate adrenaline. It can mask severe injuries. If you feel any pain, dizziness, or confusion, get checked by paramedics or seek immediate care at a North America trauma center. Delays in seeking medical care can be used by insurance companies to dispute the severity or causation of your injuries.
• Document Everything Thoroughly: Use your phone to take extensive photographs and videos. Capture:
  • All vehicle damage: Get angles from close-up and far away for both your vehicle and the other party’s. Document paint transfers, dents, broken lights, and deployed airbags.
  • The accident scene: Photograph road conditions, traffic signals, skid marks, debris, and the position of all vehicles involved.
  • Visible injuries: Document any cuts, bruises, or signs of impact on yourself or passengers.
  • Any visible distractions: If the other driver was using their phone, try to capture it safely.
• Exchange Information Safely: Gather the other driver’s name, phone number, address, insurance company and policy number, driver’s license number, and license plate number. Do not engage in arguments or discussions about fault.
• Identify Witnesses: Obtain names and contact information from anyone who saw the accident. Their unbiased accounts can be critical.
• Call Attorney911: Before you speak to any insurance company representative, call us at 1-888-ATTY-911 for immediate legal guidance. This is a critical step to protect your rights.

Hour 6-24: Crucial Evidence Preservation

The battle for your claim begins not in the courtroom, but in the hours following your accident. Insurance companies are already building their defense, and you need a team that acts fast.

• Preserve Digital Records: Do not delete any texts, call logs, photos, or videos from your phone related to the accident. Screenshot any urgent messages. Create backup copies by emailing them to yourself or uploading to cloud storage.
• Secure Physical Evidence: Keep any damaged clothing, glasses, or items broken in the crash. Do not repair your vehicle until it has been inspected by your attorney or a certified collision expert. Keep receipts for all accident-related expenses.
• Medical Follow-Up is Key: Request copies of all emergency room or hospital records. Follow up with your primary care physician in North America or a specialist within 24-48 hours. Consistent medical documentation is vital.
• Beware of Insurance Communications: You will likely receive calls from insurance adjusters. They may sound friendly, but their primary goal is to minimize their payout. Do NOT give a recorded statement, sign any documents, or accept any settlement offers without consulting with Attorney911. Simply state, “I need to speak with my attorney first.”
• Control Your Social Media: Make all your social media profiles private immediately. Do not post about your accident, your injuries, or your activities. Insurance companies actively monitor social media for anything they can use against you. Tell friends and family not to tag you in posts related to the accident.

Hour 24-48: Strategic Decisions and Attorney Engagement

By now, initial shock is wearing off, and the reality of your situation is setting in. This is when informed strategic decisions become essential.

• Legal Consultation: If you haven’t already, call Attorney911 at 1-888-ATTY-911 for a free, no-obligation consultation. We will evaluate your case, explain your rights, and outline the next steps.
• Attorney Handles Insurance: Once you retain us, we will handle all communication with insurance companies. This shields you from their pressure tactics and ensures your statements are protected.
• Do Not Settle Early: Early settlement offers are almost always lowball offers designed to get you to sign away your rights before you fully understand the extent of your injuries or the value of your claim. We recommend never settling before reaching Maximum Medical Improvement (MMI).
• Organize Documentation: Start a file to keep all accident-related documents, including contact information, medical records, police reports, and expense receipts. Create a written timeline of events while your memory is fresh.

Week One Priorities: Laying the Foundation for Your Case

• Consistent Medical Treatment: Follow all doctor’s recommendations diligently. Gaps in treatment can be exploited by insurance companies. If specialists are recommended, seek them out.
• Our Investigation Begins: Attorney911 will spring into action, notifying all relevant parties with preservation letters, gathering police reports, canvassing the scene for additional evidence, and interviewing witnesses. Remember, surveillance footage from nearby North America businesses is typically deleted within 7-30 days, making fast action paramount.
• Focus on Your Recovery: With Attorney911 by your side, you can focus on healing and rebuilding your life, knowing we are relentlessly advocating for your rights.

Evidence Deterioration Timeline: Why Speed Matters

The urgency we emphasize isn’t designed to create panic; it’s rooted in the stark reality of how quickly critical evidence can vanish. Every hour, every day that passes, the strength of your case can diminish. Our rapid response is a cornerstone of protecting your rights after an accident in North America.

Day 1-7: The Most Critical Window

• Witness Memories Fade: People’s recollections are sharpest immediately after an event. Within days, details blur, and witnesses become harder to locate. Our team moves quickly to interview them while their memories are fresh.
• Physical Evidence Disappears: Skid marks, debris, and fluid spills at the accident scene are temporary. Weather, traffic, and clean-up crews can erase these vital clues within hours or days.
• Surveillance Footage Deletion: This is perhaps the most time-critical piece of evidence. Gas stations, convenience stores, and many private businesses in North America typically overwrite their security camera footage every 7-30 days. Traffic cameras operated by local authorities also have limited retention periods. Once this footage is gone, it’s gone forever.

Day 7-30: Evidence Under Threat

• Electronic Data Overwrites: For trucking accidents, Electronic Logging Device (ELD) data, critical for proving Hours of Service violations, can be overwritten or become inaccessible after 30-180 days. Similarly, vehicle black box (Event Data Recorder – EDR) data in passenger cars can be overwritten quickly after a subsequent engine start or a minor impact.
• Witnesses Become Untraceable: People change phone numbers, move jobs, or even leave North America. A witness who was easily found on Day 1 can be impossible to locate by Week 2.
• Vehicle Damage Lost to Repairs: Once your vehicle is repaired, much of the crucial physical evidence of the impact is lost. It’s vital that your car’s damage is fully documented and inspected before any repairs begin.

Month 1-6: Insurance Companies Entrench Their Position

• Adjusters Build Their Case: While you’re recovering and dealing with medical treatment, the insurance company for the at-fault party is actively building a file against you. They’re looking for inconsistencies, treatment gaps, and anything to minimize your claim.
• Social Media Scrutiny: Insurance adjusters and their private investigators are constantly monitoring your social media. Posts, photos, comments – even those from months ago – can be twisted and used to suggest your injuries are not as severe as claimed.

Month 6-24: Approaching the Statute of Limitations

• Diminished Case Value: As evidence becomes weaker and memories fade, the overall value of your case can diminish significantly.
• Urgency to Settle: As the 2-year statute of limitations in Texas approaches, insurance companies often put pressure on unrepresented claimants to settle for less, knowing you are facing a hard deadline.

Why Attorney911 Moves Fast: Protecting Your Rights in North America

At Attorney911, we understand the critical nature of these timelines. Our rapid intervention is a strategic advantage designed to preserve evidence and strengthen your case.

Within 24-48 Hours of Retention:

• Preservation Letters: We immediately send formal preservation letters to all relevant parties – the other driver’s insurance, trucking companies, business owners (for surveillance footage), and any other potential defendants in North America. These letters legally obligate them to preserve all evidence, preventing its destruction or deletion.
• Initial Investigation: Our team begins gathering police reports, witness statements, and any available traffic camera footage.

Throughout the First Week:

• Scene Analysis: We work to photograph and document the accident scene before changes occur due to road repairs or weather.
• Evidence Collection: We compile all available photos, videos, cell phone data, and other critical information.
• Medical Guidance: We ensure you are connected with the appropriate medical professionals in North America to document your injuries comprehensively.

Every minute counts when your future is on the line. By contacting Attorney911 at 1-888-ATTY-911 immediately after your accident in North America, you give us the best possible chance to protect your rights, preserve critical evidence, and build the strongest possible case for the compensation you deserve.

Texas Motor Vehicle Law Framework: Your Rights in North America

Understanding the legal landscape is crucial when navigating a motor vehicle accident claim in North America. Texas law provides the framework for liability, damages, and the process of seeking compensation. At Attorney911, we are deeply versed in these laws and stand ready to apply our knowledge to your benefit.

Statute of Limitations: The Critical Deadline

In Texas, the law sets strict deadlines for filing personal injury claims. This is known as the Statute of Limitations.

• Personal Injury & Property Damage: For most car accident claims in North America, you have two years from the date of the accident to file a lawsuit (Texas Civil Practice & Remedies Code § 16.003).
• Wrongful Death: For claims involving a fatality, the deadline is also two years, but it runs from the date of death, not the date of the accident.
• Government Claims: If the at-fault party was a government entity (city, county, state, or an employee acting within their scope), you often have a much shorter window—sometimes as little as six months—to provide formal notice of your intent to sue. Missing this critical deadline can bar your claim forever.

Why This Matters: This two-year window might seem long, but gathering evidence, documenting injuries, and negotiating with insurance companies takes time. Delaying can lead to lost evidence and weaker claims. Missing this deadline entirely means you lose your right to pursue compensation, regardless of the merits of your case.

Comparative Negligence: The 51% Bar Rule

In Texas, the modified comparative negligence rule, often called the 51% bar rule, dictates how fault affects your ability to recover damages. Insurance companies frequently use this rule to try and reduce their payouts or deny claims entirely.

• How it Works:

  • If you are found 50% or less at fault for the accident, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but are found 10% at fault, you would receive $90,000.
  • If you are found 51% or more at fault, you recover nothing. Your claim is completely barred.

• The Insurance Strategy: Adjusters will aggressively try to assign a higher percentage of fault to you, even if it’s unfounded, to trigger the 51% bar or significantly reduce your payout. For instance, being deemed 25% at fault on a $200,000 claim means you lose $50,000.

Attorney911’s Advantage: This is where Lupe Peña’s insider knowledge becomes invaluable. Having worked for years at a national defense firm, Lupe understands how insurance companies construct comparative fault arguments. Now, he uses that insight to meticulously dismantle their attempts to shift blame, protecting your right to full compensation.

Texas Legal Terms: Your Glossary for Accident Claims

To successfully navigate your claim in North America, understanding key legal terminology is essential:

• Negligence: The failure to act as a reasonably prudent person would under similar circumstances. To win a personal injury case, we must prove the other party was negligent.
• Duty of Care: The legal obligation to exercise reasonable care while driving, maintaining property, or performing other actions. All drivers on North America roads owe this duty to one another.
• Breach of Duty: The violation of that duty of care (e.g., speeding, distracted driving, failing to yield).
• Causation: The direct link between the other party’s breach of duty and your injuries or damages. We must prove their actions directly caused your harm.
• Damages: The losses you’ve suffered due to the accident, which can be economic (medical bills, lost wages) or non-economic (pain and suffering).
• Liability: Legal responsibility for the harm caused.
• Dram Shop Liability: A specific Texas law (Texas Alcoholic Beverage Code § 2.02) that can hold bars, restaurants, or other establishments liable for over-serving an obviously intoxicated patron who then causes an accident. This is critical in many drunk driving accident cases across North America.
• Respondeat Superior: A legal doctrine making an employer responsible for the wrongful acts of their employees committed within the scope of employment. This is particularly relevant in trucking and commercial vehicle accident cases.
• Uninsured/Underinsured Motorist (UM/UIM) Coverage: Your own insurance policy providing coverage if the at-fault driver has no insurance or insufficient insurance to cover your damages. Texas allows inter-policy stacking, meaning you might be able to combine coverage from multiple vehicles on your policy.
• Contingency Fee: Attorney911 works on this basis, meaning you pay no legal fees unless we win your case. If we don’t recover compensation for you, you owe us nothing for our legal services.

Texas Minimum Auto Insurance (30/60/25)

Every driver in Texas is legally required to carry minimum liability insurance coverage:

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

Unfortunately, these minimums are often woefully inadequate for serious injuries. Texas also has a high percentage of uninsured motorists, making UM/UIM coverage crucial for protecting yourself and your family in North America.

Texas Federal Court Districts: When Your Case Goes Federal

Ralph Manginello is admitted to practice before the U.S. District Court, Southern District of Texas. Admission to federal court signifies a higher level of legal expertise required for complex litigation.

Federal courts handle cases involving:

• Federal law: Such as Federal Motor Carrier Safety Regulations (FMCSA) in trucking accidents.
• Diversity of citizenship: When the parties involved are from different states and the amount in controversy exceeds $75,000. This is common in catastrophic trucking or product liability cases within North America.
• Mass torts: Large-scale incidents like the BP explosion litigation, in which our firm was involved, often move to federal court due to their complexity and multi-jurisdictional nature.

Our federal court experience means we are equipped to handle the most challenging cases, ensuring clients in North America have top-tier representation, no matter the jurisdiction.

Proving Liability & Building Your Case in North America

After an accident in North America, securing compensation isn’t automatic. It requires a meticulous, evidence-based approach to prove who was at fault and the extent of your damages. At Attorney911, we dedicate ourselves to uncovering every detail and building an irrefutable case on your behalf.

The Four Elements of Negligence: The Foundation of Your Claim

To successfully prove liability in a motor vehicle accident case in Texas, we must establish four key elements:

1. Duty of Care: Every driver on the roads of North America has a legal obligation to operate their vehicle safely and follow traffic laws. This includes maintaining proper lookout, controlling speed, and not driving while distracted or impaired.
2. Breach of Duty: The at-fault driver failed to uphold this duty of care. This could involve speeding, running a red light, driving under the influence, texting while driving, or failing to yield the right-of-way.
3. Causation: The at-fault driver’s breach of duty must be the direct cause of your injuries and damages. We must demonstrate that “but for” their negligent actions, your accident and subsequent harm would not have occurred.
4. Damages: You must have suffered quantifiable harm as a result of the accident. This includes physical injuries, medical bills, lost wages, property damage, and emotional distress.

Evidence Types and Sources: Your Case Through Every Lens

Building a strong case requires comprehensive evidence collection. Attorney911 utilizes a wide array of sources:

• Physical Evidence: This includes photographs and videos of vehicle damage (from multiple angles), skid marks, debris on the road, traffic signals, road conditions, and any damaged personal property. We also look for evidence of the impact on your body, such as bruising or cuts.
• Documentary Evidence: Key documents include the official police accident report, 911 call recordings, traffic camera footage, and surveillance footage from nearby businesses in North America. Critically, these businesses often delete footage within 7-30 days, underscoring the urgency of our rapid response. We also gather all medical records and bills, employment records to prove lost wages, and potentially cell phone records to establish distracted driving.
• Electronic Evidence: In modern accidents, digital data is paramount. This can include:
  • Electronic Logging Device (ELD) data: From commercial trucks, detailing hours of service, speed, and truck movements. This data can be overwritten in 30-180 days, necessitating swift action.
  • Vehicle Black Box (Event Data Recorder – EDR): Found in many passenger vehicles, recording pre-crash data such as speed, brake application, and seatbelt usage.
  • GPS/Telematics Data: From fleet vehicles or personal devices.
  • Dashcam Footage: From your vehicle, the other vehicle, or even passing motorists.
• Testimonial Evidence:
  • Witness Statements: Eyewitness accounts from those who saw the accident unfold.
  • Expert Witness Testimony: Specialists who can explain complex aspects of your case to a jury.

Multiple Liable Parties: Expanding the Scope of Recovery

Many accidents, particularly those involving commercial vehicles or drunk driving, can involve more than one liable party. Identifying all responsible parties can significantly increase your potential for compensation, as it means more insurance policies are available.

• Trucking Accidents: Beyond the truck driver, liability can extend to the trucking company (for negligent hiring, training, or maintenance), the cargo loading company (for improper loading), the vehicle manufacturer (for defective parts), or even the maintenance company responsible for repairs.
• Rideshare Accidents: Depending on the “phase” of the Uber or Lyft driver (app off, app on waiting for request, en route to pick up, or transporting a passenger), liability can involve the rideshare driver, the rideshare company itself, or other at-fault drivers. Our attorney Lupe Peña’s deep knowledge of insurance structures is crucial in these complex cases.
• Drunk Driving Accidents: In addition to the intoxicated driver, establishments in North America that over-served an “obviously intoxicated” patron can be held liable under Texas Dram Shop Law (Texas Alcoholic Beverage Code § 2.02). This can include bars, restaurants, or liquor stores.

Expert Witnesses: Unlocking Complex Truths

For complex cases or disputed liability, Attorney911 collaborates with a network of highly specialized expert witnesses. These professionals provide crucial insights and testimony that can make or break a case.

• Accident Reconstructionists: These experts analyze physical evidence, vehicle damage, and other data to determine precisely how an accident occurred, who was at fault, and the forces involved.
• Medical Experts: Doctors, surgeons, and other medical specialists provide opinions on the extent of your injuries, the causal link between the accident and your injuries, future treatment needs, and any permanent impairments.
• Life Care Planners: For catastrophic injuries like traumatic brain injuries (TBI) or spinal cord injuries, these experts meticulously project the lifetime cost of medical care, rehabilitation, and assistive devices.
• Vocational Experts: They assess your ability to return to work, determining lost earning capacity and the impact on your career if your injuries prevent you from performing your previous job.
• Economists: These experts calculate the present value of future lost wages, medical expenses, and other financial damages.
• Biomechanical Engineers: They analyze how the forces of a collision could have caused specific injuries, providing scientific support for your claim.

By diligently proving each element of negligence, gathering comprehensive evidence, identifying all liable parties, and leveraging expert testimony, Attorney911 builds highly compelling cases designed to secure maximum compensation for our clients in North America.

Damages & Compensation: Recovering Your Future in North America

When you’ve been injured in an accident in North America, understanding the full scope of damages you can recover is essential. It’s not just about immediate medical bills; it’s about the long-term impact on your life, your work, and your well-being. At Attorney911, we fight to ensure you receive comprehensive compensation for every aspect of your loss.

Types of Damages: Economic, Non-Economic, and Punitive

In Texas, personal injury damages are generally categorized into three main types:

Economic Damages (No Cap in Texas)

These are tangible, calculable financial losses directly resulting from your accident. They are straightforward to quantify with bills, receipts, and wage statements.

• Medical Expenses (Past & Future): This is often the largest component. It covers everything from emergency room visits, ambulance transport, surgeries, doctor consultations, physical therapy, prescription medications, medical equipment (crutches, wheelchairs), to future estimated costs for ongoing treatment, therapy, and potential future surgeries.
• Lost Wages (Past & Future): Compensation for income you’ve already lost due to being unable to work, as well as the projected income you will lose in the future if your injuries prevent you from returning to your previous job or earning at the same capacity (lost earning capacity).
• Property Damage: Costs to repair or replace your vehicle, and any other personal property damaged in the accident (e.g., cell phone, eyeglasses, clothing).
• Out-of-Pocket Expenses: This includes costs like transportation to medical appointments, necessary home modifications due to disability, and hired help for tasks you can no longer perform (e.g., cleaning, childcare).

Non-Economic Damages (No Cap in Texas, except medical malpractice)

These are less tangible and more subjective losses, but they represent the real impact of the injury on your quality of life. Unlike many states, Texas generally places no cap on non-economic damages in personal injury cases (with the exception of medical malpractice claims).

• Pain and Suffering: This compensates you for the physical pain you’ve endured, both immediately after the accident and throughout your recovery, including any chronic pain you may experience in the future.
• Mental Anguish: This covers the emotional distress, anxiety, depression, fear, frustration, and Post-Traumatic Stress Disorder (PTSD) that can result from a traumatic accident.
• Physical Impairment: Compensation for the loss of use of a body part, disfigurement, or the inability to perform certain activities due to your injuries. This accounts for disabilities and limitations.
• Disfigurement: Damages specifically for scarring, burns, or other permanent visible changes to your appearance that affect your self-esteem and social interactions.
• Loss of Enjoyment of Life: This compensates you for the inability to participate in hobbies, recreational activities, or daily functions that you previously enjoyed before the accident.
• Loss of Consortium: In cases of severe injury or wrongful death, this compensates a spouse for the loss of companionship, affection, and intimate relations, or for children losing parental guidance.

Punitive/Exemplary Damages (Capped in Texas)

These are not meant to compensate the victim but rather to punish the at-fault party for egregious conduct and to deter similar behavior in the future. Punitive damages are only awarded in cases involving gross negligence, fraud, or malice.

• When They Apply: Drunk driving accidents are a common example, as driving while intoxicated demonstrates a conscious disregard for the safety of others.
• The Cap: In Texas, punitive damages are capped at the greater of:
  • $200,000, OR
  • Two times the amount of economic damages PLUS an amount equal to non-economic damages, up to $750,000.

Settlement Ranges by Injury Type: What to Expect

While every case is unique, understanding typical settlement ranges for different injury types can provide a general idea of potential compensation. Attorney911 evaluates all factors of your case to fight for the maximum possible settlement or verdict.

• Soft Tissue Injuries (Whiplash, Sprains):
  • Medical Costs: $6,000-$16,000
  • Lost Wages: $2,000-$10,000
  • Pain & Suffering: $8,000-$35,000
  • Typical Settlement Range: $15,000 – $60,000 (Higher if chronic pain develops)
• Broken Bones (Simple Fracture):
  • Medical Costs: $10,000-$20,000+
  • Lost Wages: $5,000-$15,000
  • Pain & Suffering: $20,000-$60,000
  • Typical Settlement Range: $35,000 – $95,000
• Broken Bones (Surgery Required, e.g., ORIF):
  • Medical Costs: $47,000-$98,000+
  • Lost Wages: $10,000-$30,000
  • Pain & Suffering: $75,000-$200,000
  • Typical Settlement Range: $132,000 – $328,000
• Herniated Disc (Surgery Required):
  • Past Medical: $96,000-$205,000+
  • Future Medical: $30,000-$100,000+
  • Lost Wages & Earning Capacity: $70,000-$450,000+
  • Pain & Suffering: $150,000-$450,000
  • Typical Settlement Range: $346,000 – $1,205,000+
• Traumatic Brain Injury (Moderate to Severe):
  • Past Medical: $198,000-$638,000+
  • Future Medical (Life Care Plan): $300,000-$3,000,000+
  • Lost Wages & Earning Capacity: $550,000-$3,200,000+
  • Pain & Suffering: $500,000-$3,000,000+
  • Typical Settlement Range: $1,548,000 – $9,838,000+
  • Attorney911 Result: We secured a multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him at a logging company. Every case is unique, and past results do not guarantee future outcomes.
• Amputation:
  • Past Medical: $170,000-$480,000+
  • Future Medical (Lifetime Prosthetics): $500,000-$2,000,000+
  • Lost Wages & Earning Capacity: Varies significantly
  • Pain & Suffering: Varies significantly
  • Typical Settlement Range: $1,945,000 – $8,630,000+
  • Attorney911 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. Every case is unique, and past results do not guarantee future outcomes.
• Wrongful Death:
  • Economic Damages: $1,060,000-$4,520,000+ (funeral, medical, lost financial support)
  • Non-Economic Damages: $850,000-$3,500,000+ (loss of companionship, mental anguish)
  • Typical Settlement Range: $1,910,000 – $8,020,000+
  • Attorney911 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. Every case is unique, and past results do not guarantee future outcomes.

Nuclear Verdicts Trend: A Powerful Leverage

Nuclear verdicts refer to jury awards exceeding $10 million, and Texas is a national leader in these. From 2009-2023, Texas saw 207 nuclear verdicts totaling over $45 billion, with auto accidents accounting for nearly a quarter of these.

Recent examples include a $105 million verdict in 2024 against an Amazon DSP contractor, a $44.1 million verdict in a 6-death I-35 pileup, and a $37.5 million verdict against Oncor Electric for a distracted truck driver. These significant awards send a clear message to insurance companies: juries are willing to punish negligence severely. This trend provides immense leverage during negotiations, as insurance companies would much rather settle for a reasonable amount than risk Attorney911 taking your case to trial, where we have a proven track record against major corporations.

Settlement Multiplier Method: How Insurance Values Your Pain

While simplified, insurance companies (and their software like Colossus, which Lupe Peña knows intimately) often use a multiplier method to estimate the non-economic portion of your claim.

Formula: (Medical Expenses × Multiplier) + Lost Wages + Property Damage

The multiplier typically ranges from 1.5 to 5, depending on injury severity:

• 1.5-2: Minor injuries (soft tissue, quick recovery)
• 2-3: Moderate (broken bones, several months recovery)
• 3-4: Severe (surgery, long recovery)
• 4-5+: Catastrophic (permanent disability, TBI, spinal cord injury)

Factors that Increase the Multiplier:

• Permanent injury or disability, scarring/disfigurement
• Long recovery time, ongoing pain management
• Clear liability of the other driver
• Egregious conduct (DUI, hit and run)
• Sympathetic plaintiff (child, elderly)
• Strong evidence

Factors that Decrease the Multiplier:

• Soft tissue only, quick recovery
• No surgery, minimal treatment
• Disputed liability, gaps in medical treatment
• Pre-existing conditions (without clear aggravation)

Why Lupe’s Experience Matters: Lupe Peña spent years calculating these multipliers from the insurance side. He knows precisely how adjusters are trained to minimize your claim and which factors they prioritize. This expertise allows Attorney911 to proactively present your case in a way that justifies a higher multiplier, ensuring your non-economic damages are fairly valued. We don’t just accept their calculations; we challenge them with internal knowledge.

Insurance Counter-Intelligence System: Attorney911’s Unfair Advantage in North America

When you’re injured in an accident in North America, you’re not just up against another driver; you’re going head-to-head with powerful, profit-driven insurance corporations. They have vast resources, a sophisticated playbook, and a singular goal: to pay you as little as possible. That’s where Attorney911 changes the game. Our most significant competitive differentiator is the insider knowledge brought by attorney Lupe Peña, who worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims. He helped them build cases against victims; now he uses that expertise to fight for you.

This isn’t just theory; it’s battle-tested intelligence. We know their tactics because Lupe used them for years. Now, we use that knowledge to anticipate their moves, expose their schemes, and protect our clients in North America from being taken advantage of.

Tactic #1: The Friendly Adjuster and the “Recorded Statement” Trap (Days 1-3)

What They Do: An insurance adjuster from the other driver’s company will contact you almost immediately after your accident in North America. They will sound incredibly friendly, concerned, and helpful. They’ll tell you, “We just need a quick recorded statement to understand what happened so we can process your claim.” They make it seem mandatory and routine.

What They’re Really Doing: They are trying to get you to provide testimony that can be twisted and used against you later. They’ll ask leading questions like, “You’re feeling better now, right?” or “The impact wasn’t that bad, was it?” They want you to minimize your injuries, admit partial fault, or say something inconsistent that can later discredit your testimony. Remember, you might still be in shock or on pain medication, making you vulnerable.

How Attorney911 Counters: You are under no legal obligation to give a recorded statement to the other driver’s insurance company. We instruct our clients in North America to politely decline and refer all inquiries to us. With us, you don’t talk to adjusters. We become your shield, handling all communications, ensuring your rights and words are protected. Lupe knows their questions because he asked them himself for years – and now he knows how to defeat them.

Tactic #2: The Quick Settlement Offer (Weeks 1-3)

What They Do: Within days or weeks of your accident, especially if your vehicle was totaled, the insurance company might make a surprisingly quick cash offer – often a few thousand dollars. They’ll create artificial urgency, saying, “This offer expires soon,” or “This is the most we can offer for now.” It might sound tempting, especially if you’re facing mounting bills and lost wages.

What They’re Really Doing: They want you to settle before you know the true extent of your injuries. Many serious injuries, like herniated discs or traumatic brain injuries, don’t manifest fully until weeks or months later. Once you sign a release and accept their money, your case is permanently closed. Even if you later need major surgery that costs $100,000, you cannot reopen your claim.

How Attorney911 Counters: We forcefully advise our clients in North America to never settle before reaching Maximum Medical Improvement (MMI)—the point where your medical condition has stabilized and further recovery isn’t expected. Lupe knows these early offers are always lowball figures, typically only 10-20% of what your case is actually worth, because he used to calculate them. We fight fiercely to ensure you receive a settlement that truly covers your long-term needs, not just a quick fix.

Tactic #3: The “Independent” Medical Exam (IME) (Months 2-6)

What They Call It: “Independent Medical Examination” (IME).

What It Really Is: An examination by a doctor hired and paid for by the insurance company, with the sole purpose of minimizing your injuries or claiming they are not accident-related. These doctors are not “independent”; they are selected precisely because they consistently provide insurance-favorable reports. Lupe knows this process intimately because he hired these very doctors when he worked for the defense.

What Happens: The IME is typically a brief, superficial exam (often 10-15 minutes) where the doctor performs a cursory review of your records, if at all. They look for any reason to attribute your pain to a pre-existing condition, claim you’re exaggerating, or argue that you’ve recovered sufficiently. Their findings almost always contradict your treating physician’s assessment.

How Attorney911 Counters: We prepare our clients in North America extensively for IME appointments, explaining what to expect. We challenge biased IME reports with our own medical experts and expose the financial conflicts of interest these doctors have with insurance companies. Because Lupe knows which doctors they favor and their typical findings, we can anticipate their arguments and proactively build counter-evidence.

Tactic #4: Delay and Financial Pressure (Months 6-12+)

What They Do: Insurance companies are masters of delay. They will drag out your case, “still investigating,” “waiting for records,” or “reviewing files.” They’ll take weeks to respond to calls and emails, or disappear entirely. Their goal is to make you desperate.

Why It Works: While they have unlimited time and resources, you’re likely facing mounting medical bills, lost income, and emotional stress. The longer the case drags on, the more financially vulnerable you become. They hope you’ll eventually cave and accept a cheap settlement just to end the nightmare.

How Attorney911 Counters: We refuse to be bullied by delay tactics. We aggressively push your case forward, filing lawsuits when necessary to force deadlines and compel discovery. We prepare every case as if it’s going to trial, letting insurance companies know we are serious and will not back down. Lupe understands precisely when and how to apply pressure, because he used these delay tactics himself for years.

Tactic #5: Surveillance & Social Media Monitoring

What They Do: Insurance companies routinely hire private investigators to conduct surveillance on injured claimants. They’ll video you in public places – your home, the grocery store, running errands in North America – trying to catch you doing anything that contradicts your injury claims. Simultaneously, they relentlessly monitor all your social media activity (Facebook, Instagram, TikTok, etc.), saving everything you post, share, or are tagged in. Lupe’s insider quote: “I’ve reviewed hundreds of surveillance videos and social media posts as 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.”

What They’re Looking For: Even a photo of you smiling at a family event, or a video of you bending over temporarily, can be used to suggest you’re “not really injured.” They take innocent activities completely out of context.

How Attorney911 Counters: We educate our clients in North America on social media best practices immediately: make all profiles private, avoid posting about your accident or activities, and warn friends not to tag you. We challenge surveillance footage as misleading and out-of-context, presenting it alongside your detailed medical records and doctor’s attestations of your limitations. We know their tricks, because Lupe taught them.

Tactic #6: Comparative Fault Arguments

What They Do: The insurance company will invariably try to assign some percentage of fault for the accident to you, even if their driver was clearly negligent. They’ll claim you were speeding, distracted, or could have taken evasive action.

Why They Do It: Texas follows a “modified comparative negligence” rule (the 51% bar). If you are found 50% or less at fault, your compensation is reduced by your fault percentage. If you are 51% or more at fault, you recover nothing. So, even convincing a jury you were 10% at fault means a 10% reduction in your recovery.

How Attorney911 Counters: We conduct aggressive liability investigations, including accident reconstruction, witness interviewing, and police report analysis, to meticulously prove the other driver’s sole fault. Lupe understands their comparative fault arguments from the inside, because he made them for years. Now, he uses that knowledge to defeat these tactics and protect your right to full compensation.

Tactic #7: Colossus & Claim Valuation Software

What It Is: Insurance companies, including Allstate, State Farm, and Liberty Mutual, often use sophisticated software programs like “Colossus” to calculate settlement offers. Adjusters input specific injury codes, treatment types, medical costs, and other data into the system, which then generates a “recommended” settlement range.

The Problem: These systems are programmed to undervalue serious injuries. Adjusters are trained to use the lowest possible injury codes (“soft tissue strain” instead of “disc herniation”), which can drastically reduce the software’s valuation by 50% or more, even for the same injury.

Lupe’s Insider Knowledge: This is a crucial advantage for Attorney911. Lupe Peña spent years working with these very systems, learning how they were designed, how adjusters manipulate them, and how their algorithms consistently produce lowball offers. He knows how to accurately code injuries, present medical records, and document treatment in a way that forces the system (or the adjuster overriding it) to justify a higher settlement. We don’t just accept Colossus valuations; we dissect and defeat them.

Tactic #8: The Medical Authorization Trap

What They Do: The insurance company will send you a medical authorization form, claiming they need it to “process your claim.” This form, however, is often overly broad and gives them access to your entire medical history, not just records related to your accident.

What They’re Really Doing: They are fishing for “pre-existing conditions.” They will scour decades of your medical records, looking for any past ache, pain, or diagnosis – even minor ones – to argue that your current injuries aren’t from the accident but are merely an aggravation of an old problem.

How Attorney911 Counters: We protect your privacy. We never let our clients in North America sign broad medical authorizations. Instead, we provide limited, time-specific authorizations only for records directly relevant to your accident. We anticipate their pre-existing condition arguments and are skilled at demonstrating how the accident aggravated a prior condition, which is compensable under Texas law. Lupe knows what they search for, and how to protect you from this invasive tactic.

Tactic #9: Gaps in Treatment Attack

What They Do: Insurance adjusters meticulously scrutinize your medical records for any “gaps” in treatment—periods where you missed appointments, stopped physical therapy, or waited an extended time between doctor visits. They pounce on these gaps, arguing, “If you were really hurt, you wouldn’t have missed treatment,” implying your injuries weren’t serious or resolved during the gap.

Why Gaps Happen: Legitimate reasons for treatment gaps are abundant: inability to afford co-pays, lack of transportation, difficulty getting time off work, doctor’s appointments being booked months out, or family emergencies. However, insurance companies rarely care about these reasons.

How Attorney911 Counters: We proactively help our clients in North America avoid unnecessary gaps by connecting them with medical providers who work on a lien basis (treat now, pay from settlement) and assisting with other logistical challenges. If a gap does occur, we meticulously document the reasons why. We then present compelling arguments to the insurance company or jury, explaining that the gap was due to understandable circumstances rather than a lack of injury severity. Lupe knew this attack from his defense days and he now neutralizes it for our clients.

Tactic #10: Policy Limits Bluff

What They Do: Early in negotiations, insurance companies often represent that their policy limits are low – sometimes the Texas minimum of $30,000 for bodily injury. They’ll tell you there’s “no more money available” and urge you to accept it.

What They’re Hiding: Often, there are additional layers of coverage they don’t want you to know about: umbrella policies (which can add millions in coverage), commercial policies (if the at-fault driver was working), or corporate policies (if a business is involved). They hope you won’t investigate further and will settle for the minimum.

How Attorney911 Counters: We never take their word for it. We aggressively investigate all potential sources of insurance coverage. This involves demanding full policy disclosures, sending discovery requests, and subpoenaing insurance files if necessary. Lupe’s background is critical here; he knows the intricate structures of insurance policies and where additional layers of coverage often hide. This expertise allows us to uncover millions in additional coverage that other attorneys might miss, as illustrated by a case where our client recovered $3.2 million instead of the initial $30,000 offered, because we found multiple policies the insurance company tried to conceal. Every case is unique, and past results do not guarantee future outcomes.

Don’t let them win. When you face the insurance giants after an accident in North America, you need a firm that knows their playbook better than they do. Call Attorney911 at 1-888-ATTY-911.

Medical Knowledge Encyclopedia: Understanding Your Injuries After an Accident in North America

When you suffer an injury in an accident in North America, it’s not just a legal matter; it’s a profound personal and medical challenge. At Attorney911, we believe in truly understanding the medical realities our clients face. Our deep knowledge of common accident injuries, their treatments, costs, and long-term prognoses allows us to effectively advocate for the full compensation you deserve, ensuring that the legal team accurately reflects the severity of your physical and emotional trauma.

Traumatic Brain Injury (TBI)

A Traumatic Brain Injury (TBI) is one of the most serious and complex injuries resulting from motor vehicle accidents in North America. Its impact can range from subtle to life-altering, and symptoms may not always be immediately apparent.

Immediate vs. Delayed Symptoms:

• Immediate: Loss of consciousness (even brief), confusion, disorientation, vomiting, seizures, severe headache, slurred speech.
• Delayed (Critical): Many TBI symptoms—such as worsening headaches, repeated vomiting, seizures, personality changes, mood swings, sleep disturbances, cognitive difficulties, sensitivity to light/noise, and memory problems—can develop hours or even days after the accident. Insurance companies often try to deny claims based on these delayed symptoms, but Attorney911 uses medical experts to explain their normal progression.

Severity Classifications:

• Mild TBI/Concussion: Brief loss of consciousness or altered mental state, often dismissed but can lead to long-term post-concussive syndrome.
• Moderate TBI: Loss of consciousness for minutes to hours, typically requiring hospitalization and resulting in lasting cognitive impairment.
• Severe TBI: Extended unconsciousness or coma, often leading to permanent disability and a lifetime of care needs.

Long-Term Complications:

• Chronic Traumatic Encephalopathy (CTE)
• Post-Concussive Syndrome (headaches, dizziness for months/years)
• Increased risk of dementia, Parkinson’s disease
• Personality and mood disorders (depression, anxiety, irritability)
• Seizure disorders (can develop years later)
• Significant cognitive impairment (memory, concentration, processing speed)

Attorney911 Insight: Our firm secured a multi-million dollar settlement for a client who suffered a brain injury with vision loss when a log dropped on him. This demonstrates our ability to handle complex TBI cases and secure significant compensation. Every case is unique, and past results do not guarantee future outcomes.

Spinal Cord Injury (SCI)

Spinal Cord Injuries (SCI) are catastrophic, often leading to partial or complete paralysis and profound changes to a person’s life. The level of injury on the spinal cord directly correlates with the extent of neurological impairment.

Injury Levels and Impact:

• Cervical Spine (C1-C8, Neck): Injuries here can result in quadriplegia (paralysis of all four limbs), sometimes requiring ventilator dependence. High cervical injuries (C1-C4) often necessitate 24/7 care.
• Thoracic Spine (T1-T12, Mid-Back): Injuries typically cause paraplegia (paralysis of the lower body), with varying degrees of trunk control.
• Lumbar Spine (L1-L5, Lower Back): Can lead to weakness or paralysis in the legs and often affects bowel and bladder function.

Long-Term Implications:

• Lifetime medical care costs (ranging from $2.5 million to upwards of $13 million for high tetraplegia).
• High rates of secondary complications: pressure sores, respiratory issues, autonomic dysreflexia, and depression.

Amputation

Amputation, whether traumatic at the scene of an accident or surgically necessary due to severe damage or infection, is a life-altering event requiring extensive medical care and rehabilitation.

Types and Levels:

• Traumatic: Limb severed during the accident.
• Surgical: Required due to crush injuries, vascular damage, or post-accident infections. Levels range from partial foot to above-knee, and upper extremity.

Challenges:

• Lifetime prosthetic needs, with advanced prosthetics costing over $50,000 and needing replacement every few years.
• Phantom limb pain, experienced by 80% of amputees, which can be chronic and debilitating.

Attorney911 Insight: Our firm achieved a multi-million dollar settlement for a client whose leg injury in a car accident led to a partial amputation due to staff infections. This experience highlights our dedication to fighting for life-changing compensation in severe injury cases. Every case is unique, and past results do not guarantee future outcomes.

Burn Injuries

Burn injuries from vehicle fires or chemical exposure in accidents can be incredibly painful, disfiguring, and require specialized, long-term treatment.

Classifications:

• First-Degree: Superficial (like a sunburn).
• Second-Degree: Blistering, affecting superficial and deep skin layers.
• Third-Degree: Full thickness, destroying all skin layers, always results in scarring.
• Fourth-Degree: Extends into muscle and bone, often requiring amputation.

Body Surface Area (BSA) Impact: The percentage of the body burned is critical. Burns covering more than 20% BSA typically require hospitalization at a specialized burn center and may involve multiple surgeries and extensive rehabilitation. Attorney911’s involvement in the BP explosion litigation provided us with significant experience in handling complex burn injury cases.

Herniated Disc

A herniated disc occurs when the soft inner core of a spinal disc pushes through the tough outer layer, irritating nearby nerves. These injuries are very common in car accidents and can cause significant pain, numbness, and weakness.

Treatment Timeline: Treatment can range from conservative care (medication, physical therapy) to interventional pain management (epidural injections) and, in severe cases, spinal surgery (microdiscectomy or fusion), which can cost $50,000-$120,000.

Permanent Restrictions: Even with treatment, herniated discs can lead to permanent work restrictions, ongoing pain, and a significant impact on quality of life, often requiring ongoing pain management.

Soft Tissue Injuries (Whiplash, Sprains, Strains)

Soft tissue injuries, such as whiplash, muscle sprains, and strains, are among the most common injuries in motor vehicle accidents. While often dismissed by insurance companies as “minor,” they can be incredibly debilitating.

Why Insurance Undervalues: Insurers often undervalue these injuries because they don’t show on X-rays and symptoms can be subjective. However, a significant percentage of soft tissue injuries can develop into chronic pain conditions.

Attorney911 Approach: We understand that “soft tissue” doesn’t mean “minor pain.” We focus on meticulous documentation of your symptoms, consistent medical treatment, and, if necessary, MRIs to reveal hidden injuries. Our attorney Lupe Peña, having worked for insurance defense, knows precisely how they use software like Colossus to undervalue these claims and how to counter their tactics effectively.

Psychological Injuries

The trauma of an accident extends beyond physical wounds. Psychological injuries, often overlooked, can be just as debilitating and long-lasting.

Post-Traumatic Stress Disorder (PTSD): A significant percentage of accident victims (32-45%) develop PTSD symptoms, including driving anxiety, fear of cars, panic attacks, nightmares, and avoidance behaviors.

Compensable Damages: Texas law allows for compensation for mental anguish, emotional distress, anxiety, depression, and loss of enjoyment of life resulting from psychological injuries. Accurately documenting these impacts through therapy and psychological evaluations is crucial.

Our comprehensive understanding of both the legal and medical aspects of accident injuries in North America ensures that your case is handled with the expertise and compassion it deserves. If you or a loved one has suffered an injury, call Attorney911 at 1-888-ATTY-911 for a free consultation. We are here to help you navigate your recovery journey.

Why Choose Attorney911: Your Unrivaled Legal Advantage in North America

When your life is turned upside down by an accident in North America, the choice of legal representation is one of the most critical decisions you’ll make. You need more than just an attorney; you need a powerful advocate with a proven track record, insider knowledge, and dedicated personal attention. At Attorney911, a trade name of The Manginello Law Firm, PLLC, we offer five distinct advantages that set us apart from other firms and positions us as your strongest ally.

Advantage 1: Our Insurance Defense Insider – Lupe Peña

This is Attorney911’s most significant competitive advantage: attorney Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims. He spent years defending insurance companies against accident victims. Now, he uses every piece of that insider knowledge to fight for you.

What This Means For Your Case in North America:

• Predicting Their Moves: We anticipate insurance company tactics before they deploy them because Lupe initiated those very strategies.
• Beating Their Algorithms: Lupe understands how software like Colossus is designed to undervalue claims and how to present your case to overcome these limitations.
• Knowing Their Weaknesses: He knows the specific IME doctors they favor, their typical arguments, and where their internal pressure points lie.
• Speaking Their Language: We negotiate from a position of informed strength, using their own language and rules against them.

No other firm in North America can authentically claim this level of deep, first-hand insurance defense insight, making us an unparalleled asset in your corner.

Advantage 2: A Proven Track Record of Multi-Million Dollar Results

Results speak louder than promises. Attorney911 has a documented history of securing multi-million dollar settlements and verdicts for clients with catastrophic injuries.

• Brain Injuries: We secured a multi-million dollar settlement for a client who suffered a brain injury with vision loss after an industrial accident. Every case is unique, and past results do not guarantee future outcomes.
• Amputations: In a recent case, our client’s leg was injured in a car accident, leading to a partial amputation due to infection. This case settled in the millions. Every case is unique, and past results do not guarantee future outcomes.
• Trucking Wrongful Death: Our personal injury attorneys have helped numerous families facing trucking-related wrongful death cases recover millions of dollars in compensation. Every case is unique, and past results do not guarantee future outcomes.
• Maritime Injuries: We achieved a significant cash settlement for a client who injured his back while lifting cargo on a ship, proving employer negligence. Every case is unique, and past results do not guarantee future outcomes.

Our multi-million dollar results demonstrate that we won’t settle cheap and are always prepared to take your case as far as needed to get you every dime you deserve.

Advantage 3: Federal Court Experience & Complex Litigation Mastery

Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas. This federal court admission is a crucial credential that many personal injury firms lack.

Why This Matters for Your North America Case:

• Complex Cases: Serious cases, especially those involving large trucking companies (governed by federal FMCSA regulations), product liability, or parties from different states, often end up in federal court.
• Higher Stakes: Federal courts involve different procedures, rules, and levels of scrutiny. Our experience here means we are prepared for the most challenging legal battles.
• Taking on Giants: Our firm is one of the few in Texas to be involved in the historic BP explosion litigation, demonstrating our capacity to successfully take on billion-dollar corporations and complex mass torts. When your claim involves a large corporation or unique legal challenges, our federal court experience in North America is a powerful asset.

Advantage 4: Unwavering Personal Attention and Communication

Unlike high-volume “settlement mills” where you’re just a case number, Attorney911 prides itself on providing genuine, personal attention to every client.

• Direct Access: You work directly with experienced attorneys like Ralph Manginello and Lupe Peña, not solely with paralegals or junior staff. As client Dame Haskett affirms, “Consistent communication and not one time did i call and not get a clear answer…Ralph reached out personally.”
• Family-Oriented Approach: We treat our clients like family, understanding the deep personal impact of accidents. Chad Harris shared, “You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” Ambur Hamilton perfectly summarized, “I never felt like ‘just another case’ they were working on.”
• Responsive Team: Our dedicated case managers, like Leonor, are consistently praised for their care and responsiveness. Stephanie Hernandez recalls, “When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.”

Advantage 5: Contingency Fee Basis – No Risk to You

We understand the financial stress that follows an accident in North America. That’s why Attorney911 works on a contingency fee basis.

• No Upfront Costs: You pay absolutely nothing out-of-pocket to hire us. We advance all investigation, expert witness, and litigation costs.
• “We Don’t Get Paid Unless We Win”: Our fee is a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing for our legal services. This eliminates financial risk, allowing you to focus on your recovery.

When you’re injured in North America, you deserve the very best legal representation. With more than 25 years of experience, a former insurance defense attorney on our team, a track record of multi-million dollar results, federal court experience, and a commitment to personal care, Attorney911 is uniquely positioned to fight for your rights. Call 1-888-ATTY-911 for a free consultation. Hablamos Español.

Comprehensive FAQ: Your North America Accident Questions Answered

After a motor vehicle accident in North America, you likely have many questions and concerns. At Attorney911, we believe that informed clients are empowered clients. Here, we address some of the most common questions we receive, providing clear, concise answers to help you navigate this challenging time.

Immediate After Accident

1. What should I do immediately after a car accident in North America?
If you’ve been in an accident in North America:

• Ensure safety first by moving to a secure location, if possible.
• Call 911 to report the accident and request medical assistance if anyone is injured.
• Seek medical attention, even if you feel fine, as adrenaline can mask injuries.
• Document everything: take exhaustive photos of damage, injuries, and the scene.
• Exchange information calmly with the other driver.
• Gather names and phone numbers of any witnesses.
• Do NOT give a recorded statement to any insurance company.
• Call Attorney911 immediately at 1-888-ATTY-911 for expert legal guidance.

2. Should I call the police even for a minor accident?
Yes, always call the police. An official police report is crucial evidence for your claim. In Texas, you are legally required to report accidents involving injuries, fatalities, or property damage exceeding $1,000. For accidents in North America, this report will document the scene and provide vital information.

3. Should I seek medical attention if I don’t feel hurt?
Absolutely. It is critical to seek medical attention even if you initially feel fine. Many serious injuries, such as traumatic brain injuries or internal bleeding, may not show clear symptoms immediately. Delays can be harmful to your health and can be used by insurance companies to dispute the severity or causation of your injuries. Get checked at a local North America hospital or clinic.

4. What information should I collect at the scene?
Collect contact and insurance details from the other driver, and their vehicle information. Get names and numbers of witnesses. Crucially, take extensive photos of vehicle damage, the scene, and any visible injuries. Note the investigating officer’s name and report number.

5. Should I talk to the other driver or admit fault?
Only exchange necessary information. Do not discuss fault, apologize, or offer opinions on who caused the accident. Anything you say can be used against you. Simply stick to the facts and inform them your attorney will be in touch.

6. How do I obtain a copy of the accident report?
In North America, you can usually obtain the official police report from the responding law enforcement agency or through the Texas Department of Transportation’s Crash Records Information System (CRIS) online.

Dealing with Insurance

7. Should I give a recorded statement to insurance?
To the other driver’s insurance: No, not without an attorney. Their goal is to find information to minimize your claim. To your own insurance: You have a duty to cooperate under your policy, but it is still wise to consult with Attorney911 at 1-888-ATTY-911 first.

8. What if the other driver’s insurance contacts me?
Politely state, “I need to speak with my attorney first,” and provide no further details. Refer all calls to Attorney911. Our attorney Lupe Peña knows their tactics from his years working for insurance defense and will protect your interests.

9. Do I have to accept the insurance company’s estimate?
No. An insurance company’s initial estimate is often a lowball offer, designed to favor their bottom line. Attorney911 will fight for a fair valuation that accurately reflects the extent of your damages in North America.

10. Should I accept a quick settlement offer?
Never accept an early settlement offer without consulting an attorney. Once you sign a release, you surrender your rights to any future compensation, even if your injuries turn out to be more severe than initially believed.

11. What if the other driver is uninsured/underinsured?
This is where your own Uninsured/Underinsured Motorist (UM/UIM) coverage becomes critical. This coverage can provide compensation when the at-fault driver has no insurance or insufficient insurance. Attorney911 can help you navigate these claims against your own insurer, ensuring you get the compensation you’re entitled to. Learn more in 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 are often seeking an overly broad authorization to access your entire medical history, not just accident-related records. Their goal is to find pre-existing conditions to deny or minimize your claim. Do not sign any medical authorization without first reviewing it with Attorney911.

Legal Process

13. Do I have a personal injury case?
You likely have a case if you were injured due to someone else’s negligence in North America and suffered damages. Our federal court-admitted attorneys at Attorney911 can assess the specifics of your situation during a free consultation. 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 quickly, and insurance companies begin building their defense from day one. The sooner Attorney911 starts working on your behalf, the better your chances of preserving critical evidence and securing maximum compensation. Call us at 1-888-ATTY-911.

15. How much time do I have to file (statute of limitations)?
In Texas, the statute of limitations for most personal injury and wrongful death claims is two years from the date of the accident or death. Missing this deadline means you forfeit your right to file a lawsuit. However, certain claims, like those against government entities, have much shorter notice requirements (sometimes as little as six months).

16. What is comparative negligence and how does it affect me?
Texas uses a “modified comparative negligence” rule (the 51% bar). If you are found 50% or less at fault, you can recover damages, but they will be reduced by your percentage of fault. If you are 51% or more at fault, you recover nothing. Insurance companies will aggressively try to assign fault to you. Attorney911 will fight to protect you. 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 compensation if your fault is determined to be 50% or less. Your award will be proportionally reduced. Our goal is to minimize any assigned fault against you.

18. Will my case go to trial?
Most personal injury cases settle out of court, but Attorney911 prepares every case as if it’s going to trial. This readiness signals to insurance companies that we are serious, which often leads to more favorable settlement offers. 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?
The timeline varies based on injury severity, treatment duration, and the complexity of negotiations. We do not settle until you’ve reached Maximum Medical Improvement (MMI). Minor injury cases might resolve in 6-12 months, while catastrophic injury cases can take 18-24 months or longer.

20. What is the legal process step-by-step?
The process typically involves initial investigation, medical treatment and documentation, filing a claim with the insurance company, negotiations, and, if necessary, filing a lawsuit, followed by discovery, mediation, and potentially trial. 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?
The value of your case depends on many factors: the severity and permanence of your injuries, medical expenses (past and future), lost wages and earning capacity, pain and suffering, and available insurance coverage. Ralph Manginello and our team have recovered multi-million dollar settlements for clients in North America, but no two cases are alike.

22. What types of damages can I recover?
You can recover for economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, mental anguish, physical impairment, disfigurement, loss of enjoyment of life). In cases of gross negligence, punitive damages may also be awarded.

23. Can I get compensation for pain and suffering?
Yes. Texas law allows for significant compensation for pain and suffering, mental anguish, and other non-economic damages, with generally no cap in personal injury cases.

24. What if I have a pre-existing condition?
You can still recover. If the accident aggravated or worsened a pre-existing condition, you are entitled to compensation for that aggravation. Lupe Peña’s background in insurance defense provides unique insight into how insurance companies attempt to deny these claims, and how to effectively counter them.

25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries and medical expenses is not taxable. However, punitive damages and emotional distress awards not tied to physical injury may be taxable. It’s always best to consult with a tax professional.

26. How is the value of my claim determined?
The value is determined by a comprehensive assessment of all your damages: medical bills, estimated future medical care, lost income, impact on your life, pain and suffering, and the clarity of liability. We use our experience and, often, expert testimony to establish this value.

Attorney Relationship

27. How much do car accident lawyers cost?
Attorney911 works on a contingency fee basis. This means you pay nothing upfront, and we only collect a fee if and when we win your case. Our fee is a percentage of the recovery (typically 33.33% before trial, 40% if a trial is required). You may still be responsible for court costs and case expenses regardless of outcome. Find out more: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc

28. What does “no fee unless we win” mean?
It means we advance all costs of your case, from investigations to expert fees. If we don’t secure compensation for you, you owe us nothing for our legal services. This allows you to pursue justice without financial risk.

29. How often will I get updates?
At Attorney911, we prioritize clear and consistent communication. As client Dame Haskett shared, “Consistent communication and not one time did i call and not get a clear answer.” We keep you informed every step of the way.

30. Who will actually handle my case?
You’ll work directly with experienced attorneys like Ralph Manginello and Lupe Peña, supported by a dedicated team including Leonor, Zulema, and Mariela. As Chad Harris enthusiastically put it, “You are NOT just some client…You are FAMILY to them.”

31. What if I already hired another attorney?
You can switch attorneys if you are unhappy with your current representation. Many clients have come to us after feeling underserved by other firms. Greg Garcia noted, “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” We can discuss taking over your case and ensuring you get the aggressive advocacy you deserve.

Mistakes to Avoid

32. What common mistakes can hurt my case?
Common pitfalls include:

• Giving a recorded statement to the other driver’s insurance.
• Accepting a quick settlement offer.
• Delaying medical treatment or having gaps in treatment.
• Posting about your accident or activities on social media.
• Signing any documents from the insurance company without legal review.
  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. You should immediately make all your social media profiles private and refrain from posting anything about your accident, injuries, or daily activities. Insurance companies actively monitor social media for anything they can use to undermine your claim.

34. Why shouldn’t I sign anything without a lawyer?
Signing documents like releases, medical authorizations, or settlement offers can have permanent, detrimental consequences for your case without you fully understanding them. Once signed, they are often legally binding and can prevent you from seeking further compensation.

35. What if I didn’t see a doctor right away?
See a doctor as soon as possible. Explaining that you initially felt fine or that symptoms developed later is common. Delayed symptom onset is a medically recognized phenomenon for many injuries. We can still help you build a strong case.

Additional Common Questions

36. What if I have a pre-existing condition?
Having a pre-existing condition does not prevent you from recovering compensation. If the accident in North America aggravated or exacerbated a pre-existing injury, you are generally entitled to damages for the worsening of that condition. This is often referred to as the “eggshell plaintiff” rule, meaning the at-fault party “takes their victim as they find them.” We work with medical experts to clearly delineate the impact of the accident on your health. Lupe Peña’s experience on the defense side taught him the common insurance arguments against pre-existing conditions, which we now use to our clients’ advantage.

37. Can I switch attorneys if I’m unhappy with my current lawyer?
Yes, you have the right to change legal representation if you are dissatisfied. If you feel your current attorney isn’t communicating effectively, fighting hard enough, or pressuring you into a low settlement, Attorney911 is prepared to evaluate your case and take over if appropriate. 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 for a confidential consultation.

38. What if the insurance company is my own insurance (UM/UIM claim)?
Even when dealing with your own Uninsured/Underinsured Motorist (UM/UIM) coverage, your insurance company’s primary goal remains to minimize their payout. You need an attorney to advocate on your behalf to ensure fair compensation. We understand the intricacies of UM/UIM claims, including Texas’s inter-policy stacking rules that can combine coverage from multiple vehicles to maximize your recovery. Lupe Peña’s expertise is especially critical in these often contentious claims.

39. How do you calculate pain and suffering?
While not an exact science, pain and suffering is often calculated using a “multiplier method” based on the severity of your injuries, medical expenses, and the impact on your daily life. This multiplier typically ranges from 1.5 for minor injuries to 5 or higher for catastrophic harm. Attorney911 meticulously documents the full extent of your physical and emotional suffering, using our experience (including Lupe’s insider knowledge of insurance valuation techniques) to justify a higher multiplier and maximize your non-economic damages.

40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Cases involving government entities in North America are highly complex due to governmental immunity laws. You face very strict and short deadlines, often just six months, to provide formal notice of your claim. Damage caps may also apply. These cases demand an attorney with extensive experience in governmental litigation, like Ralph Manginello, who can navigate these unique challenges. Call 1-888-ATTY-911 immediately.

41. What if the other driver fled the scene (hit and run)?
A hit-and-run accident can be terrifying. First, report it to the police, as it is a criminal offense. Your Uninsured Motorist (UM) coverage is crucial here, as it acts as a substitute for the at-fault driver’s missing insurance. We immediately launch an aggressive investigation to find the driver and secure critical surveillance footage from nearby gas stations and businesses in North America, which is often deleted within weeks.

42. What if I’m an undocumented immigrant—can I still file a claim?
Yes. In Texas, your immigration status does not affect your right to seek compensation for injuries sustained due to someone else’s negligence. Your case is handled with strict confidentiality. Attorney911 protects the rights of all injured individuals in North America, regardless of immigration status. Hablamos Español, ensuring there are no language barriers to seeking justice.

43. What if the accident happened in a parking lot?
Parking lot accidents in North America are fully compensable, despite common misconceptions that they are always “50/50” fault. We investigate these cases thoroughly, utilizing surveillance video, witness statements, and accident reconstruction to prove liability and secure the compensation you deserve.

44. What if I was a passenger in the at-fault vehicle?
If you were an innocent passenger in an at-fault vehicle, you can file a claim against the driver’s insurance policy. As a non-driver, comparative fault issues are typically not a factor for you, making liability often straightforward. Attorney911 can handle the difficult task of pursuing a claim against a friend or family member’s insurance, allowing you to focus on healing.

45. What if the other driver died in the accident?
Even if the at-fault driver died in the accident, you can still pursue a claim for your injuries against their estate and their insurance policy. The driver’s death does not eliminate liability, and their insurance coverage typically remains available. These cases are sensitive, and we handle them with utmost care while protecting your legal rights.

The Manginello Law Firm, PLLC | Attorney911 | Principal Office: Houston, Texas