Motor Vehicle Accidents in Port Lavaca, Texas: Your Legal Emergency Guide

If you’ve been injured in a car accident in Port Lavaca, Calhoun County, Texas, you’re not alone. With one crash occurring every 57 seconds across Texas, our community sees far too many preventable collisions on highways like Highway 35 and local roads like Main Street. At Attorney911, we understand the overwhelming fear and confusion you’re experiencing right now. Ralph Manginello, our founding attorney with over 25 years of experience, has dedicated his career to helping accident victims like you navigate the complex legal landscape and fight for the compensation you deserve.

The Harsh Reality of Car Accidents in Port Lavaca

Port Lavaca and Calhoun County face unique traffic challenges that contribute to motor vehicle accidents:

Highway 35 Corridor: This major route connecting Victoria to Palacios sees heavy truck traffic from the local petrochemical industry, increasing collision risks
Industrial Traffic: With the Port of Port Lavaca and nearby chemical plants, large commercial vehicles frequently share local roads with passenger cars
Tourist Season: Increased traffic during fishing tournaments and coastal tourism creates additional hazards
Weather Conditions: Coastal storms and sudden rain showers can make roads treacherous

Texas recorded 251,977 people injured in motor vehicle crashes in 2024 alone. That’s one person injured every 2 minutes and 5 seconds on our roads. In Calhoun County specifically, we’ve seen numerous accidents at dangerous intersections like the Highway 35 and FM 1090 junction.

Why Port Lavaca Accident Victims Choose Attorney911

When you’re facing mounting medical bills, lost wages, and physical pain, you need more than just a lawyer – you need a legal emergency response team. Here’s what sets Attorney911 apart:

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.”

Our associate attorney Lupe Peña spent years working for insurance companies, calculating claim values and building defense strategies. Now, he uses that insider knowledge to fight FOR victims like you. He knows:

How insurance adjusters evaluate claims
Which medical codes trigger higher settlements
What tactics they use to minimize payouts
How to counter their arguments effectively

2. Proven Multi-Million Dollar Results

We don’t just talk about results – we prove them with documented case outcomes:

“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.”

“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.”

3. Federal Court Experience for Complex Cases

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission means we can handle:

Trucking accidents involving interstate commerce
Cases against large corporations
Complex product liability claims
Multi-district litigation

4. Personal Attention You Won’t Find Elsewhere

Unlike high-volume firms where you’re just a case number, we treat every client like family:

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

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

5. 24/7 Legal Emergency Response

When you call 1-888-ATTY-911, you’re reaching a legal emergency line, not a call center. We answer calls around the clock because accidents don’t happen on a 9-to-5 schedule.

Common Types of Motor Vehicle Accidents in Port Lavaca

Car Accidents (Most Common – Tier 1)

Car accidents are the most frequent type of collision in Port Lavaca, often occurring at:

Highway 35 intersections
Downtown intersections like Main and Broadway
Parking lots at HEB and Walmart
FM 1090 corridor

Common Causes:

Distracted driving (380 Texas deaths in 2024)
Failure to yield right-of-way
Speeding on Highway 35
Following too closely
Drunk driving
Weather-related hydroplaning

Common Injuries:

Whiplash and soft tissue injuries
Herniated discs
Broken bones (arms, legs, ribs)
Traumatic brain injuries (TBI)
Spinal cord injuries
Internal organ damage

What to Do After a Car Accident in Port Lavaca:

Call 911 and report the accident
Seek medical attention immediately (adrenaline masks injuries)
Document everything: photos of damage, injuries, scene
Exchange information with other driver
Get witness names and phone numbers
Do NOT give recorded statement to any insurance company
Call Attorney911: 1-888-ATTY-911

“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles

Trucking Accidents (Tier 1 – High Severity)

Port Lavaca’s proximity to industrial facilities and Highway 35 makes it a hotspot for trucking accidents. These collisions are particularly dangerous due to:

Size disparity (80,000 lb trucks vs 4,000 lb cars)
Longer stopping distances
Blind spots (“No-zones”)
Driver fatigue

Texas Trucking Statistics:

39,393 commercial motor vehicle crashes in 2024
608 trucking fatalities
1,601 serious injuries
Texas accounts for 11% of ALL fatal truck crashes nationwide

FMCSA Regulations That Are Often Violated:

Hours of Service (HOS): Max 11 hours driving after 10 hours off-duty
30-minute break required after 8 hours driving
60/70-hour weekly limits
Electronic Logging Devices (ELDs) mandatory
Commercial driver BAC limit: 0.04% (half the limit for regular drivers)

Why Trucking Cases Are More Valuable:

Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
Higher insurance limits ($750,000 – $5,000,000+ policies)
Federal court experience matters for FMCSA cases
ELD/black box evidence is critical

“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.”

Recent Texas Trucking Verdicts:

2024 Oncor Electric: $37.5M verdict (distracted truck driver)
2024 New Prime I-35 pileup: $44.1M verdict (6 deaths)
2024 Ben E. Keith (Fort Worth): $35M settlement

Drunk Driving Accidents (Tier 1 – Punitive Damages Available)

Calhoun County has seen far too many preventable drunk driving tragedies. In Texas:

1,053 alcohol-impaired driving deaths in 2024 (25.37% of all fatalities)
24,000+ DWI-related crashes
1 death every 39 minutes nationally from alcohol-impaired driving

Texas Dram Shop Law (TABC § 2.02):
Bars, restaurants, and liquor stores can be held liable if they serve alcohol to someone who is “obviously intoxicated” and that person later causes an accident.

Signs of Obvious Intoxication:

Slurred speech
Bloodshot/glassy eyes
Unsteady gait/stumbling
Impaired coordination
Aggressive or erratic behavior
Strong odor of alcohol

Potentially Liable Parties:

Bars and nightclubs
Restaurants serving alcohol
Liquor stores
Event organizers (concerts, festivals)
Social hosts (limited circumstances)

Why Drunk Driving Cases Are Valuable:

Punitive damages available for gross negligence
Multiple defendants (driver + establishment)
Criminal case strengthens civil case
Insurance cannot defend the indefensible

Attorney911 has successfully handled numerous drunk driving cases, including obtaining dismissals in criminal DWI cases that strengthen the civil claims. Ralph’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives us unique insight into both the criminal and civil aspects of these cases.

Motorcycle Accidents (Tier 2)

Port Lavaca’s scenic routes attract many motorcyclists, but these riders face significant risks:

585 motorcyclist fatalities in Texas in 2024
37% of fatal victims were NOT wearing helmets
90%+ of fatal victims are male
Helmets reduce death risk by 37%

Texas Helmet Law:

Required for all riders under 21
Riders 21+ exempt IF:
- Completed approved motorcycle safety course, OR
- Have $10,000+ medical insurance

High-Risk Areas in Calhoun County:

Highway 35 between Port Lavaca and Victoria
FM 1090 corridor
Downtown Port Lavaca streets

Common Causes of Motorcycle Accidents:

Failure to yield right-of-way (most common)
Driver inattention/distraction
Unsafe lane changes
Left-turn accidents (T-bone/head-on)
Speeding/reckless driving

Texas 51% Comparative Fault Rule:
Insurance companies often try to blame motorcyclists for accidents. Texas law states:

If you’re 50% or less at fault → You can recover damages (reduced by your % of fault)
If you’re 51% or more at fault → You recover NOTHING

Lupe Peña’s experience working for insurance companies gives us a unique advantage in countering these comparative fault arguments. He knows exactly how insurance adjusters try to shift blame to motorcyclists.

Pedestrian Accidents (Tier 2)

Port Lavaca’s downtown area and residential neighborhoods see too many pedestrian accidents:

6,095 pedestrian crashes in Texas in 2024
768 pedestrian fatalities
Pedestrians account for 1% of crashes but 19% of ALL roadway deaths
Houston recorded 119 pedestrian deaths on city streets (a record)

Critical Legal Point for Pedestrians:
Pedestrians ALWAYS have the right-of-way at intersections under Texas law – even at unmarked crosswalks. Many drivers don’t know this. “Anytime there’s an intersection of two streets, the distance between them is a crosswalk” – even if unmarked.

Common Pedestrian Injury Locations in Port Lavaca:

Downtown intersections (Main and Broadway)
HEB and Walmart parking lots
School zones
Residential neighborhoods

Common Injuries:

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

Rideshare Accidents (Uber/Lyft) (Tier 2)

With the growth of rideshare services in Port Lavaca, these accidents are becoming more common. The complex insurance situation makes these cases particularly challenging:

Rideshare Insurance 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

Why This Matters:
Insurance coverage varies DRAMATICALLY based on what the driver was doing at the moment of the crash. This complexity is why you need an attorney with specific rideshare experience.

Who Can Be Injured:

21% Riders
21% Drivers
58% Third parties (other drivers, pedestrians)

Lupe Peña’s insurance defense background gives us unique insight into how rideshare companies evaluate these complex claims. He knows how to identify the correct insurance phase and maximize your recovery.

Hit and Run Accidents (Tier 2)

Hit and run accidents are particularly frustrating because the at-fault driver flees the scene. In Texas:

One hit and run occurs every 43 seconds nationally
Hit and run is a criminal offense in Texas
Penalties range from Class B misdemeanor to 2nd degree felony for fatal accidents

Texas Hit and Run Penalties:

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

Your Recovery Options After Hit and Run:

Uninsured Motorist (UM) Coverage: Your own policy can compensate you when the at-fault driver is unidentified
Personal Injury Protection (PIP): Covers medical expenses regardless of fault
Collision Coverage: Covers vehicle damage

Evidence Preservation is Critical:

Surveillance footage is typically deleted within 7-30 days
Witness memories fade quickly
Physical evidence can be lost

Attorney911 sends preservation letters immediately to secure evidence before it’s lost. We’ve recovered substantial settlements for hit and run victims through UM claims.

Commercial Vehicle Accidents (Tier 2)

Port Lavaca’s industrial base means commercial vehicles are common on our roads. These accidents often involve:

Delivery trucks (Amazon, FedEx, UPS)
Service vehicles (plumbers, electricians, HVAC)
Construction vehicles
Utility vehicles

Amazon DSP Liability:
Amazon’s Delivery Service Partner (DSP) program has been linked to numerous accidents:

DSPs are contractually required to “defend and indemnify” Amazon
Higher safety violation rate than average motor carriers
1,879 crashes involving Amazon-related motor carriers in 24 months

Why Commercial Vehicle Cases Are More Valuable:

Trucks are 3x the size/weight of passenger cars = more severe injuries
$1M+ liability insurance policies required
No jury sympathy for corporate defendants
Business model encourages dangerous behavior

Work Zone Accidents (Tier 2)

With ongoing construction projects in Calhoun County, work zone accidents are a growing concern:

Nearly 28,000 crashes in Texas work zones in 2024
215 deaths (12% increase over previous year)
Work zone fatalities increased 50% nationally from 2013-2023
60% of highway contractors reported crashes into work zones

Real Case Example:
Katrina Bond, a college student, slowed for work zone traffic on I-35 near Fort Worth. A driver of a heavy pickup (who admitted receiving a text message) rear-ended her. The force pushed her car into the path of another truck, resulting in a fatality.

Wrongful Death Claims (Tier 2)

When a motor vehicle accident results in death, surviving family members may pursue:

Wrongful Death Claim: Brought by surviving family for their own losses
Survival Action: Brought on behalf of the deceased’s estate for damages the deceased would have recovered

Who Can File Wrongful Death Claims in Texas:

Surviving spouse
Children
Parents

Damages Available:

Funeral and burial expenses
Lost financial support
Loss of companionship and society
Mental anguish
Lost inheritance

“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.”

Boat and Maritime Accidents (Tier 3)

Given Port Lavaca’s coastal location, boat accidents are a concern:

“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.”

Common Causes of Boat Accidents:

Operator inexperience
Alcohol use
Speeding
Equipment failure
Weather conditions

Liable Parties:

Boat operator
Boat owner
Manufacturer (for defective equipment)
Rental companies
Employers (for commercial vessels)

E-Bike and Scooter Accidents (Tier 3)

With the growing popularity of e-bikes and scooters, these accidents are increasing:

Texas E-Bike Classifications:

Class	Max Speed	Throttle	Pedal Assist
Class 1	20 mph	No	Yes
Class 2	20 mph	Yes	Yes
Class 3	28 mph	No	Yes

Legal Requirements:

No license required for standard e-bikes
No registration required
Motor limit: 750W (1 horsepower) or less
Speed limit: 28 mph maximum assisted speed
No statewide helmet requirement

Liability Issues:

Motorists who strike e-bike riders
E-bike manufacturers (product defects)
Pedestrians struck by e-bikes
Property owners (premises liability)

The 48-Hour Evidence Preservation Protocol

After an accident, evidence disappears rapidly. Here’s what you should do immediately:

Hour 1-6 (Immediate Crisis Response)

✅ Safety First: If you can move safely, get to a secure location away from traffic
✅ Call 911: Report the accident, request medical assistance if anyone is injured
✅ Medical Attention: If injured, get to the ER immediately. Adrenaline masks injuries – you may be hurt and not know it yet
✅ Document Everything:

Take photos of ALL vehicle damage (every angle)
Photograph the accident scene, road conditions, traffic signals
Take photos of visible injuries
Screenshot any messages visible on your phone (do NOT delete anything)
✅ Exchange Information:
Other driver’s name, phone, address
Insurance company and policy number
Driver’s license number
License plate number
Vehicle make, model, color
✅ Witnesses:
Get names and phone numbers of any witnesses
Ask if they saw what happened
Record their statements if possible
✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company

Hour 6-24 (Evidence Preservation)

✅ Digital Preservation:

Preserve all texts, calls, photos, videos related to the accident
Do NOT delete anything from your phone
Screenshot everything relevant
Email copies to yourself for backup
✅ Physical Evidence:
Secure damaged clothing, glasses, personal items
Keep receipts for any expenses (towing, rental car, medications)
Do NOT repair your vehicle yet – preserve the damage
✅ Medical Records:
Request copies of all ER/hospital records
Keep all discharge paperwork
Follow up with your primary care physician within 24-48 hours
✅ 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”
✅ Social Media:
Make ALL profiles private immediately
Do NOT post about the accident
Do NOT post photos of injuries or activities
Tell friends/family not to tag you in posts

Hour 24-48 (Strategic Decisions)

✅ Legal Consultation:

Speak with experienced motor vehicle accident attorney
Call Attorney911: 1-888-ATTY-911 for free consultation
Have your documentation ready
✅ Insurance Response:
If insurance contacts you, refer them to your attorney
Say: “My attorney will be in touch with you”
Provide only basic information: name, date of accident, that you were involved
✅ Settlement Offers:
Do NOT accept or sign anything without lawyer review
Early offers are ALWAYS lowball offers
You don’t know extent of your injuries yet
✅ Evidence Backup:
Upload all screenshots and photos to cloud storage
Email copies to yourself and family member
Create written timeline of events while memory is fresh

Week One Priorities

✅ Medical Follow-Up:

Continue documenting all injuries
See specialists if recommended
Follow ALL doctor recommendations (insurance watches for gaps)
Get written work restrictions if needed
✅ Investigation Begins:
Attorney obtains police report
Preservation letters sent to all parties
Surveillance footage secured before deletion
Witness statements recorded
✅ Communication:
Attorney handles ALL insurance communication
You focus on recovery
Document any pressure from insurance or other parties

Evidence Deterioration Timeline: Why Time is Critical

Timeframe	What Disappears	Why It Matters
Day 1-7	Witness memories peak, then begin fading	Details forgotten, witnesses harder to locate
Day 7-30	Surveillance footage deleted (gas stations: 7-14 days, retail: 30 days)	Once deleted, cannot be recovered
Month 1-2	Insurance companies solidify defense position	Adjusters build file against you, settlement position hardens
Month 2-6	Trucking ELD data deleted (30-180 days)	Critical evidence for trucking cases lost
Month 6-12	Witnesses graduate, move away, memories fade	Harder to locate, memories severely degraded
Month 12-24	Approaching statute of limitations	Creates pressure to settle, evidence degraded

Attorney911 sends preservation letters within 24 hours of retention to:

Other driver and their insurance company
Trucking companies (for commercial vehicle accidents)
Businesses near the scene (for surveillance footage)
Employers (if work-related)
Property owners
Government entities

Texas Motor Vehicle Law: What You Need to Know

Statute of Limitations (Texas Civil Practice & Remedies Code § 16.003)

Personal Injury: 2 years from date of accident
Wrongful Death: 2 years from date of death
Property Damage: 2 years from date of damage
Government Claims: 6 months notice required

Exceptions:

Discovery Rule: May extend if injury wasn’t immediately discoverable
Defendant Absence: Tolled if defendant leaves Texas
Mental Incapacity: Tolled during incapacity

CRITICAL: Miss the deadline = case BARRED forever. Cannot be extended or waived.

Comparative Negligence (Texas 51% Bar Rule)

Texas uses modified comparative negligence with a 51% bar:

If you are 50% or less at fault → You can recover damages (reduced by your % of fault)
If you are 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

Why This Matters:
Insurance companies ALWAYS try to assign maximum fault to you to reduce their payment. Even small fault percentages cost you thousands:

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

Lupe Peña’s experience working for insurance companies gives us a unique advantage in countering their comparative fault arguments. He knows exactly how they try to shift blame to victims.

Texas Minimum Auto Insurance Requirements (30/60/25)

Coverage	Minimum Required
Bodily Injury – Per Person	$30,000
Bodily Injury – Per Accident	$60,000
Property Damage – Per Accident	$25,000

Uninsured Motorist Statistics:

15.4% of US motorists are uninsured (approximately 1 in 7 drivers)
UM/UIM coverage is critical for protection
Texas allows inter-policy stacking

Proving Liability: Building a Strong Case

To win your case, we must prove four elements of negligence:

Duty of Care: All drivers have a legal duty to operate their vehicles safely
Breach of Duty: The at-fault driver violated their duty of care (speeding, running red light, etc.)
Causation: The breach directly caused your injuries
Damages: You suffered actual harm (medical bills, lost wages, pain and suffering)

Types of Evidence We Use:

Physical Evidence:

Vehicle damage photographs
Skid marks, debris, road damage
Damaged personal property
Weather and road conditions documentation

Documentary Evidence:

Police accident report
911 call recordings
Traffic camera footage
Surveillance footage from nearby businesses
Medical records and bills
Employment records (for lost wages)
Cell phone records (proving distraction)

Electronic Evidence:

ELD (Electronic Logging Device) data from trucks
Vehicle black box/EDR (Event Data Recorder)
GPS/telematics data
Dashcam footage
Social media posts (theirs, not yours)

Testimonial Evidence:

Witness statements
Expert witness testimony
Medical expert opinions
Accident reconstruction specialists

Multiple Liable Parties in Complex Cases

In many accidents, more than one party may be responsible:

Trucking Accidents:

Truck driver
Trucking company (negligent hiring, supervision, maintenance)
Cargo loader (improper loading causing instability)
Vehicle manufacturer (defective parts)
Maintenance company (improper repairs)

Rideshare Accidents:

Rideshare driver
Rideshare company (Uber/Lyft)
Other at-fault drivers
Vehicle owner

Drunk Driving Accidents:

Drunk driver
Bar/restaurant (dram shop liability)
Social host (limited circumstances)
Liquor store

More liable parties = more insurance policies = higher recovery potential.

Damages and Compensation: What You Can Recover

Economic Damages (No Cap in Texas)

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

Non-Economic Damages (No Cap Except Medical Malpractice)

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/family relationships, loss of companionship
Loss of Enjoyment of Life: Inability to participate in activities you previously enjoyed

Punitive/Exemplary Damages (Capped)

Available for gross negligence, fraud, or malice
Drunk driving cases often qualify
Cap: Greater of $200,000 OR (2x economic + 1x non-economic max $750,000)

Settlement Ranges by Injury Type

Soft Tissue Injuries (Whiplash, Sprains, Strains):

Medical Treatment: $6,000-$16,000
Lost Wages: $2,000-$10,000
Pain & Suffering: $8,000-$35,000
Settlement Range: $15,000-$60,000

Broken Bone (Single, Simple Fracture):

Medical Treatment: $10,000-$20,000
Lost Wages: $5,000-$15,000
Pain & Suffering: $20,000-$60,000
Settlement Range: $35,000-$95,000

Broken Bone (Requiring Surgery – ORIF):

Medical Treatment: $47,000-$98,000
Lost Wages: $10,000-$30,000
Pain & Suffering: $75,000-$200,000
Settlement Range: $132,000-$328,000

Herniated Disc (Conservative Treatment):

Medical Treatment: $22,000-$46,000
Lost Wages: $8,000-$25,000
Pain & Suffering: $40,000-$100,000
Settlement Range: $70,000-$171,000

Herniated Disc (Surgery Required):

Total Past Medical: $96,000-$205,000
Future Medical: $30,000-$100,000
Lost Wages: $20,000-$50,000
Lost Earning Capacity: $50,000-$400,000
Pain & Suffering: $150,000-$450,000
Settlement Range: $346,000-$1,205,000

Traumatic Brain Injury (Moderate to Severe):

Total Past Medical: $198,000-$638,000
Future Medical: $300,000-$3,000,000+
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

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

Spinal Cord Injury / Paralysis:

High Tetraplegia (C1-C4): $6,000,000-$13,000,000+ lifetime costs
Low Tetraplegia (C5-C8): $3,700,000-$6,100,000+ lifetime costs
Paraplegia (T1-L5): $2,500,000-$5,250,000+ lifetime costs
Settlement Range: $4,770,000-$25,880,000

Amputation:

Total Past Medical: $170,000-$480,000
Future Medical (Lifetime Prosthetics): $500,000-$2,000,000
Settlement Range: $1,945,000-$8,630,000

“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):

Funeral and burial: $10,000-$20,000
Medical expenses before death: $50,000-$500,000
Lost financial support: $1,000,000-$4,000,000
Loss of companionship: $500,000-$3,000,000
Mental anguish: $250,000-$1,500,000
Settlement Range: $1,910,000-$9,520,000

Nuclear Verdicts: Changing the Insurance Landscape

Nuclear verdicts (awards exceeding $10 million) are changing how insurance companies evaluate cases:

207 nuclear verdicts ($10M+) in Texas from 2009-2023
Total: $45+ billion in Texas alone
Texas #1 nationally for nuclear verdicts
Auto accidents = 23.2% of all nuclear verdicts

Recent Texas Motor Vehicle Nuclear Verdicts:

2024 Hatch v. Jones (car accident wrongful death): $81,720,000
2024 Frito-Lay Warehouse (vehicle collision): $72,000,000
2024 Lopez v. All Points 360 (Amazon): $105,000,000
2024 New Prime I-35 pileup: $44,100,000
2024 Oncor Electric (trucking): $37,500,000
2024 Ben E. Keith (Fort Worth trucking): $35,000,000

Why This Matters:
Insurance companies FEAR nuclear verdicts. This fear increases settlement values across ALL serious injury cases, not just those going to trial. Attorney911’s trial readiness and multi-million dollar track record gives us leverage in every negotiation.

Insurance Company Tactics: What They Don’t Want You to Know

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

Lupe spent years working FOR insurance companies. Now he uses that knowledge to fight FOR victims like you. Here’s what they’re doing behind the scenes:

Tactic #1: Quick Contact & Recorded Statement (Days 1-3)

What They Do:
Insurance adjusters contact you IMMEDIATELY – often while you’re:

Still in the hospital
On pain medication
Scared about your future
Confused about the process

Their Friendly Act:

“We just want to help you”
“We need to get your side of the story”
“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:

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 not 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”

The Truth:

You are NOT required to give a recorded statement to the other driver’s insurance
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:
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 necessary
We know their questions because Lupe asked them for years

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

What They Do:
Within days or weeks, they offer quick money:

Typical offers: $2,000-$5,000
Sometimes $10,000-$15,000 if they’re scared
Sounds good when you have zero money and mounting bills

Their Artificial Urgency:

“This offer expires in 48 hours”
“I can only get approval for this amount right now”
“Take it or leave it”
“This is our final offer” (it’s not)

The Trap:
You don’t know the extent of your injuries yet:

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

The Release is PERMANENT AND FINAL.

How Attorney911 Counters:
NEVER settle before Maximum Medical Improvement (MMI)

MMI = as good as you’ll get medically
Could be 6 months, 12 months, 24+ months depending on injuries
Can’t know true case value until MMI
We know offers are ALWAYS lowball
Lupe calculated these lowball offers for years – he KNOWS they’re offering 10-20% of true value

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

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

What It Really Is:
An insurance company hired doctor to minimize your injuries

How They Choose IME Doctors:

Based on who gives insurance-favorable reports
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 IME:
A 10-15 minute “examination”:

Cursory physical exam
Rarely review your complete medical records beforehand
Ask questions designed to elicit “I’m feeling better” responses
Look for ANY reason to minimize 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:

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

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

What They Do:
Drag your case out hoping you get desperate:

“Still investigating your claim”
“Waiting for medical records” (that we sent months ago)
“Reviewing your file”
“Need additional information”
Ignore 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 $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:

We file a lawsuit 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 – knows when to push

Tactic #5: Surveillance & Social Media Monitoring

What They Do:
They 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 contradicting 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 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:

Make ALL profiles private immediately
DON’T post about accident, injuries, activities, emotions, case
DON’T check in anywhere
Tell friends/family: don’t tag, don’t post about you
Don’t accept friend requests from strangers (fake profiles)
BEST: Stay off social media entirely during case
Assume EVERYTHING is being monitored

“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.” – Lupe Peña

Tactic #6: Comparative Fault Arguments

What They Do:
Try to assign you MAXIMUM fault to reduce their payment:

“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%+ at fault → You get NOTHING
If you’re 50% or less at fault → Your damages reduced by your percentage

Even Small Fault Percentages Cost Thousands:

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

How Attorney911 Counters:
Aggressive Liability Investigation:

Accident reconstruction proving 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.

The Colossus System: How Insurance Companies Really Value Your Claim

How Colossus Works:

Data Entry: Adjuster inputs injury codes, treatment, costs, jurisdiction
Coding: Injuries coded using standardized medical terms
Calculation: Software applies algorithms to determine “value”
Range Output: System provides recommended settlement range
Authority: Adjuster typically cannot exceed without supervisor approval

How Insurance Manipulates Colossus:

Manipulation	Effect
Low Injury Codes	“Soft tissue strain” instead of “disc herniation” reduces value 50-100%
Excessive Treatment Flags	Therapy beyond “normal” range triggers reduction
Conservative Treatment Penalty	Chiropractic valued less than MD
Pre-Existing Reduction	Any prior condition used to reduce value
Jurisdiction Factor	Low-verdict counties get lower values

Why Lupe’s Experience Matters:

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

Reserve Setting: The Hidden Cap on Your Settlement

What Reserves Are:

Money insurance company sets aside for your claim
Based on worst-case scenario (their estimate of trial verdict)
Adjuster usually CANNOT settle for more than reserve without approval

How We Increase Reserves:

Hiring experts (shows we’re investing in case)
Taking depositions (creating litigation expense)
Filing lawsuit (forces trial evaluation)
Preparing for trial (shows we won’t back down)

Lupe understands reserve psychology and settlement authority limits – this is a GAME-CHANGING advantage.

Medical Knowledge: Understanding Your Injuries

Traumatic Brain Injury (TBI)

Immediate vs. Delayed Symptoms:

Immediate Symptoms:

Loss of consciousness (even brief)
Confusion and disorientation
Vomiting and nausea
Seizures
Severe headache
Dilated pupils
Slurred speech
Weakness or numbness

Delayed Symptoms (Hours to Days Later):

Worsening headaches
Repeated vomiting
Seizures developing days later
Slurred speech or difficulty speaking
Personality changes and mood swings
Sleep disturbances
Sensitivity to light and noise
Confusion and memory problems worsening

Why Delayed Symptoms Matter Legally:
Insurance companies claim delayed symptoms aren’t from the accident. We use medical experts to explain that symptom progression is NORMAL for brain injuries.

Severity Classifications:

Classification	Characteristics
Mild TBI / Concussion	Brief LOC, GCS 13-15, may seem “fine” initially
Moderate TBI	LOC minutes to hours, GCS 9-12, lasting cognitive impairment
Severe TBI	Extended unconsciousness or coma, GCS 3-8, permanent disability likely

Long-Term Complications:

Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration
Post-Concussive Syndrome: Headaches, dizziness lasting months/years
Increased Dementia Risk: Single moderate TBI doubles dementia risk
Personality and Mood Disorders: Depression, anxiety, irritability
Seizure Disorders: Can develop months/years after injury
Cognitive Impairment: Memory problems, difficulty concentrating

Spinal Cord Injury

Injury Levels and Impact:

Cervical Spine (C1-C8, Neck Region):

C1-C4 (High Cervical): Quadriplegia, 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
B	Sensory Incomplete	Sensory function but no motor function
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)

Amputation

Types:

Traumatic Amputation: Limb severed at accident scene by collision impact
Surgical Amputation: Due to crush injuries or infections (like Attorney911’s documented case)

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 limb that’s no longer there
Can be severe and debilitating
Often permanent condition
Requires lifetime pain management

“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.”

Burn Injuries

Classifications:

Degree	Characteristics	Treatment
First-Degree	Superficial, like sunburn, heals 7-10 days	Outpatient
Second-Degree	Blistering, severe pain, may scar	Monitor, possible hospital
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
10-20%	Hospitalization required
20-40%	Burn center, ICU, multiple surgeries
>40%	Extremely life-threatening
>60%	Often fatal

Herniated Disc

Treatment Timeline:

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

Permanent Restrictions Impact:

Can’t return to physical labor jobs
Lost earning capacity claims
Ongoing pain management needs

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
Panic attacks near accident location
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

Why Choose Attorney911 for Your Port Lavaca Accident Case?

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 our most powerful differentiator. Lupe spent years working FOR insurance companies:

Calculating claim values
Setting reserves
Hiring IME doctors
Deploying delay tactics
Making comparative fault arguments

Now he uses that knowledge FOR victims like you. He knows:

How insurance adjusters evaluate claims
Which medical codes trigger higher settlements
What tactics they use to minimize payouts
How to counter their arguments effectively
When their offers are artificially low

No other firm in Port Lavaca has this advantage.

2. Proven Multi-Million Dollar Results

We don’t just talk about results – we prove them:

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

“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.”

“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.”

3. Federal Court Experience for Complex Cases

Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court admission means we can handle:

Trucking accidents involving interstate commerce
Cases against large corporations
Complex product liability claims
Multi-district litigation

BP Explosion Litigation: “Our firm is one of the few firms in Texas to be involved in BP explosion litigation.” This experience demonstrates our ability to take on billion-dollar corporations and win.

4. Personal Attention You Won’t Find Elsewhere

Unlike high-volume firms where you’re just a case number, we treat every client like family:

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

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

“Consistent communication and not one time did i call and not get a clear answer.” – Dame Haskett

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

5. 24/7 Legal Emergency Response

When you call 1-888-ATTY-911, you’re reaching a legal emergency line, not a call center. We answer calls around the clock because accidents don’t happen on a 9-to-5 schedule.

“Melanie was excellent. She kept me informed and when she said she would call me back, she did.” – Brian Butchee

“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.” – Stephanie Hernandez

6. Spanish Language Services

Lupe Peña is fluent in Spanish, and our staff includes bilingual team members to serve Port Lavaca’s Hispanic community:

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

“Melani, thank you for your excellent work.” – Miguel J. mayo bermudez

“They solved in a couple of months what others did nothing about in two years.” – Angel Walle

7. Trial-Ready Approach

We prepare every case as if it’s going to trial. This approach:

Forces insurance companies to take us seriously
Creates leverage in negotiations
Results in higher settlements
Is why we have multi-million dollar results

“Ralph Manginello is indeed the best attorney I ever had..He cares greatly about his results.” – AMAZIAH A.T

“He gets the JOB DONE RIGHT!!!!” – Cassie Wright

8. Community Trust and Recognition

Attorney911 is trusted by the Houston community, including celebrities like Trae Tha Truth:

“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.” – Jacqueline Johnson

“You know if TraeAbn tells you it’s the right way to go best attorney out here you can’t go wrong.” – Erica Perales

Frequently Asked Questions About Car Accidents in Port Lavaca

Immediate After Accident

1. What should I do immediately after a car accident in Port Lavaca?
If you’ve been in an accident in Port Lavaca or Calhoun County:

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 other driver
Get witness names and phone numbers
Do NOT give recorded statement to any insurance company
Call Attorney911: 1-888-ATTY-911

2. Should I call the police even for a minor accident?
Yes. Always call 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 Port Lavaca?
You can obtain the police report from the Port Lavaca Police Department 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 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 actual value. Attorney911 fights for what your case is really worth.

10. Should I accept a quick settlement offer?
NEVER accept settlement before knowing full extent of 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/underinsured?
Your own UM/UIM 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: 1-888-ATTY-911

15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from date of accident for personal injury, 2 years from 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 (reduced by your fault %). If 51%+ at fault, you get 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.

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?
Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.

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

Investigation and evidence gathering
Medical treatment to MMI
Demand letter to insurance
Negotiation
Lawsuit if necessary
Discovery
Mediation
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?
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 (except medical malpractice).

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.

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.

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 contingency: 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 said: “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 recorded statement without attorney
Accepting 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 accident, injuries, or activities. Insurance monitors everything.

34. Why shouldn’t I sign anything without a lawyer?
Releases are PERMANENT. Medical authorizations give unlimited access. 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 you didn’t realize severity of 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. “Eggshell plaintiff” rule: Defendant takes victim as they find them. Example: You had mild occasional back pain. Accident caused herniated disc requiring surgery. You recover for the NEW injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance attacks 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 said: “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 claims are against YOUR insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would. You need attorney representation. Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing 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. Multiplier depends on: injury severity, permanency, impact on life, clear liability. Example: $100,000 medical × 4 multiplier = $400,000 pain & suffering. Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for 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 notice within 6 months (much shorter than 2-year statute of limitations). Sovereign immunity protects government entities. 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—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 applies. Surveillance footage is CRITICAL—most footage is deleted 7-30 days. We send preservation letters immediately. 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. 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 love to argue “parking lot accidents are always 50/50 fault” (LIE). We prove fault through: surveillance video, witness statements, damage analysis, 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. Driver’s insurance covers passengers. No comparative fault issues (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. Death doesn’t eliminate liability. Insurance policy still applies. Estate may have assets. Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle with sensitivity while protecting your rights.

Port Lavaca and Calhoun County: Local Legal Resources

Local Courts Serving Calhoun County:

Calhoun County Courthouse
- 211 S Ann St, Port Lavaca, TX 77979
- Handles civil cases including personal injury claims
Calhoun County Justice of the Peace Courts
- JP Precinct 1: 211 S Ann St, Port Lavaca
- Handles smaller claims and traffic cases
U.S. District Court, Southern District of Texas (Victoria Division)
- 312 S Main St, Victoria, TX 77901
- For federal cases including trucking accidents and complex litigation

Local Hospitals and Trauma Centers:

Citizens Medical Center (Victoria)
- 2701 Hospital Dr, Victoria, TX 77901 (nearest Level III trauma center)
- Provides emergency care for accident victims
DeTar Hospital Navarro
- 506 E San Antonio St, Victoria, TX 77901
Port Lavaca Clinic
- 101 Medical Dr, Port Lavaca, TX 77979
- Primary care and follow-up treatment

Local Law Enforcement Agencies:

Port Lavaca Police Department
- 202 N Virginia St, Port Lavaca, TX 77979
- Handles accident reports within city limits
Calhoun County Sheriff’s Office
- 211 S Ann St, Port Lavaca, TX 77979
- Handles accidents outside city limits
Texas Department of Public Safety (DPS)
- 2401 N Navarro St, Victoria, TX 77901
- Handles highway accidents

Dangerous Roads and Intersections in Calhoun County:

Highway 35 Corridor: High-speed collisions, truck accidents
Highway 35 and FM 1090 Intersection: High accident rate
Main Street and Broadway (Downtown Port Lavaca): Pedestrian and vehicle conflicts
Highway 87 and Highway 35: Complex merge zone
FM 1609 and Highway 35: Rural-urban transition zone

What to Do Right Now: Your Next Steps

Every day you wait, evidence disappears. Insurance companies are already building their case against you. Here’s what to do right now:

If you haven’t already, call Attorney911 immediately: 1-888-ATTY-911
Schedule your free consultation: No obligation, no risk
We’ll evaluate your case and explain your rights
If we take your case, we handle everything:
- Evidence preservation
- Insurance negotiations
- Medical documentation
- Legal filings
You focus on recovery while we fight for maximum compensation

Remember:

Free consultation: No cost to discuss your case
No fee unless we win: You pay nothing unless we recover for you
Evidence disappears daily: Surveillance footage, witness memories, electronic data
2-year deadline: Statute of limitations is absolute
Insurance is already working against you: Don’t face them alone

“Every day you wait, evidence disappears. Surveillance footage from nearby businesses is typically deleted within 7-30 days. We immediately send preservation letters to secure this critical evidence.”

Call Now: 1-888-ATTY-911

When you call Attorney911, you’re reaching a legal emergency response team, not a call center. We’re available 24/7 to help accident victims in Port Lavaca and across Calhoun County.

Don’t wait. Evidence is disappearing right now. Call 1-888-ATTY-911 for your free consultation.

The Manginello Law Firm, PLLC | Attorney911
Principal Office: Houston, Texas
Serving Port Lavaca and all of Calhoun County
1-888-ATTY-911 (1-888-288-9911)

We don’t get paid unless we win your case.