Motor Vehicle Accident Lawyers in Smithville, Texas | Attorney911

If you’ve been injured in a car accident in Smithville, Texas, you’re not alone. Every 57 seconds, another crash occurs on Texas roads, and Smithville is no exception. Whether you were rear-ended on Highway 71, involved in a collision at the intersection of Main and 9th Street, or struck by a distracted driver on FM 153, the aftermath can be overwhelming. Medical bills pile up, insurance companies call with lowball offers, and the legal process feels confusing.

At Attorney911, we understand what you’re going through. Our firm has been serving Smithville and Bastrop County for years, helping accident victims recover the compensation they deserve. With Ralph Manginello’s 25+ years of experience and our unique advantage of having a former insurance defense attorney on our team, we know how to fight for maximum compensation in even the most complex cases.

Why Smithville Accident Victims Choose Attorney911

Smithville may be a small town, but the accidents that happen here are just as serious as those in bigger cities. Whether you were injured on your way to work at the local hospital, driving home from a high school football game, or traveling through town on Highway 71, the impact on your life can be devastating.

We’ve helped Smithville residents recover millions for:

• Car accidents on Highway 71 and FM 153
• Trucking accidents involving 18-wheelers passing through town
• Drunk driving collisions that occur after events at the Smithville Recreation Center
• Pedestrian accidents in downtown Smithville
• Motorcycle crashes on the scenic routes around Bastrop County

Our results speak for themselves. In a recent case, our client’s leg was injured in a car accident. Complications during treatment led to a partial amputation. This case settled in the millions. We’ve also recovered multi-million dollar settlements for clients who suffered brain injuries with vision loss after workplace accidents.

When you call Attorney911, you’re not just getting a lawyer – you’re getting a team that treats you like family. As client Chad Harris said, “You are NOT a pest to them and you are NOT just some client… You are FAMILY to them.”

Common Types of Motor Vehicle Accidents in Smithville

Car Accidents in Smithville

With Highway 71 running right through town and FM 153 connecting to nearby communities, Smithville sees its share of car accidents. In 2024 alone, Texas saw 251,977 people injured in motor vehicle crashes – that’s one person injured every 2 minutes and 5 seconds.

Common causes of car accidents in Smithville include:

• Distracted driving (especially near schools and shopping areas)
• Speeding on Highway 71
• Failure to yield at intersections like Main and 9th Street
• Drunk driving after local events
• Weather-related accidents during heavy rains

Common injuries we see from Smithville car accidents:

• Whiplash and soft tissue injuries
• Herniated discs (especially from rear-end collisions)
• Broken bones (arms, legs, ribs)
• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Internal organ damage

If you’ve been injured in a car accident in Smithville, don’t let insurance companies lowball your claim. We know how they value cases – our attorney Lupe Peña used to calculate these claims for insurance companies. Now he fights for victims like you.

Trucking Accidents on Highway 71

Highway 71 is a major route for commercial trucks traveling between Austin and Houston. In 2024, Texas saw 39,393 commercial motor vehicle crashes, resulting in 608 fatalities and 1,601 serious injuries. Smithville’s stretch of Highway 71 is particularly dangerous for trucking accidents.

Why trucking accidents are more complex:

• Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
• Higher insurance limits ($750,000 to $5,000,000+ policies)
• Federal regulations (FMCSA) that must be investigated
• Electronic Logging Device (ELD) data that can be overwritten

At Attorney911, we have the experience to handle these complex cases. Ralph Manginello is admitted to federal court in the Southern District of Texas, giving us the ability to handle FMCSA cases in federal court. We’ve recovered millions for families facing trucking-related wrongful death cases.

Drunk Driving Accidents in Bastrop County

In 2024, Texas saw 1,053 alcohol-impaired driving deaths – that’s 25.37% of all traffic fatalities. Smithville and Bastrop County are not immune to this problem, especially after local events and holidays.

Texas has strong dram shop laws that allow victims to sue establishments that over-serve alcohol to obviously intoxicated patrons. Signs of obvious intoxication include:

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

Our firm is uniquely positioned to handle these cases. Ralph Manginello is a member of the Harris County Criminal Lawyers Association, giving us the ability to handle both the criminal and civil aspects of drunk driving cases. We’ve successfully dismissed multiple DWI cases by exposing flaws in the prosecution’s evidence – the same investigative skills we use to build strong civil cases.

Motorcycle Accidents on FM 153 and Scenic Routes

Smithville and Bastrop County offer beautiful scenic routes that attract motorcycle riders. Unfortunately, Texas saw 585 motorcyclist fatalities in 2024, with 37% of those killed not wearing helmets.

Common causes of motorcycle accidents in our area:

• Drivers failing to see motorcycles at intersections
• Left-turn accidents (when cars turn in front of bikes)
• Lane change accidents (when cars merge into motorcycles)
• Road hazards (potholes, debris on rural roads)

Insurance companies often try to blame motorcyclists for accidents, even when the other driver is clearly at fault. Texas’ 51% comparative fault rule means that if you’re found to be 51% or more at fault, you recover nothing. Our attorney Lupe Peña knows these tactics – he used them for years while working for insurance companies. Now he uses that knowledge to fight for motorcyclists.

Pedestrian Accidents in Downtown Smithville

Smithville’s downtown area sees pedestrian traffic from locals and visitors alike. In 2024, Texas saw 6,095 pedestrian crashes resulting in 768 fatalities. Pedestrians make up just 1% of crashes but 19% of all roadway deaths.

Important legal point: Pedestrians ALWAYS have the right-of-way at intersections, even unmarked crosswalks. Many drivers don’t know this, and insurance companies won’t tell you.

Common injuries in pedestrian accidents:

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

If you or a loved one has been struck by a vehicle in Smithville, call us immediately. Evidence disappears quickly – surveillance footage from nearby businesses is typically deleted within 7-30 days.

What to Do After an Accident in Smithville

The First 48 Hours Are Critical

If you’ve been in an accident in Smithville, follow these steps:

Hour 1-6 (Immediate Crisis):

• Call 911 and report the accident
• Seek medical attention even if you feel fine (adrenaline masks injuries)
• Document everything: take photos of all vehicle damage, injuries, and the scene
• Exchange information with the other driver (name, phone, insurance, license plate)
• Get names and phone numbers of any witnesses
• Call Attorney911: 1-888-ATTY-911 for immediate legal guidance

Hour 6-24 (Evidence Preservation):

• Preserve all texts, calls, photos, and videos related to the accident
• Secure damaged clothing, glasses, or personal items
• Keep receipts for any expenses (towing, rental car, medications)
• Do NOT give recorded statements to any insurance company
• Do NOT post about the accident on social media

Hour 24-48 (Strategic Decisions):

• Speak with an experienced motor vehicle accident attorney
• Have your documentation ready
• Do NOT accept any settlement offers without attorney review

Evidence Disappears Daily

Every day you wait, critical evidence disappears:

• 7-30 days: Surveillance footage from gas stations and businesses is deleted
• 30-180 days: Trucking ELD/black box data can be overwritten
• Weeks to months: Witness memories fade
• 2 years: Statute of limitations expires

At Attorney911, we move fast. Within 24 hours of being retained, we send preservation letters to:

• The other driver’s insurance company
• Trucking companies (for commercial vehicle accidents)
• Businesses near the scene (for surveillance footage)
• Employers (for employment records)
• Property owners (for security camera footage)
• Government entities (for traffic camera footage)

These letters LEGALLY REQUIRE evidence preservation before automatic deletion.

Texas Motor Vehicle Law You Need to Know

Statute of Limitations: 2 Years

In Texas, you have 2 years from the date of your accident to file a personal injury lawsuit. This is called the statute of limitations (Texas Civil Practice & Remedies Code § 16.003). If you miss this deadline, your case is barred forever.

There are limited exceptions:

• Discovery Rule: If you didn’t discover your injury immediately
• Defendant Absence: If the defendant leaves Texas
• Mental Incapacity: If you were mentally incapacitated

Don’t wait until the last minute. Insurance companies drag out cases hoping you’ll miss the deadline.

Comparative Negligence: 51% Bar Rule

Texas uses a modified comparative negligence system with a 51% bar rule:

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

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

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

Our attorney Lupe Peña knows how insurance companies calculate fault – he did it for years while working for them. Now he uses that knowledge to fight for you.

Texas Minimum Auto Insurance

Texas requires minimum coverage of:

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

However, 15.4% of Texas drivers are uninsured. That’s why Uninsured/Underinsured Motorist (UM/UIM) coverage is critical. Texas allows inter-policy stacking, which can significantly increase your available coverage.

How Insurance Companies Try to Take Advantage of You

At Attorney911, we know how insurance companies operate because our attorney Lupe Peña used to work for them. He spent years learning their tactics from the inside. Now he uses that knowledge to fight for victims like you.

Tactic #1: The Quick Cash Trap

Within days or weeks of your accident, the insurance company will offer you a quick settlement:

• Typical offers: $2,000-$5,000
• Sometimes $10,000-$15,000 if they’re scared
• They create artificial urgency: “This offer expires in 48 hours”

The Trap: You don’t know the extent of your injuries yet. If you accept their offer and later need surgery, you’re stuck paying for it yourself.

Example:

• Day 3: Insurance offers $3,500 “final settlement”
• Week 6: MRI shows herniated disc requiring $100,000 surgery
• TOO LATE: You signed the release, can’t reopen the claim

Tactic #2: The Recorded Statement Trap

Insurance adjusters will call you immediately, often while you’re:

• Still in the hospital
• On pain medication
• Scared about your future

They act friendly and helpful:

• “We just want to help you”
• “We need your side of the story”
• “It’s just routine”

What They’re Really Doing: Building their defense against you with leading questions like:

• “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)

The Truth: You are NOT required to give a recorded statement to the other driver’s insurance company. Everything you say will be used against you.

Tactic #3: The “Independent” Medical Exam Scheme

The insurance company will send you to an “Independent Medical Examination” (IME). What it really is: a doctor hired by the insurance company 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 $2,000-$5,000 per exam by insurance companies

What Happens at the IME:

• 10-15 minute “examination”
• Rarely review your complete medical records
• Ask questions designed to elicit “I’m feeling better” responses
• Look for ANY reason to minimize your injuries

Common IME Findings:

• “Patient has pre-existing degenerative changes” (Everyone over 40 has some arthritis)
• “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)

How We Counter: Lupe knows these specific doctors and their biases – he hired them for years.

Tactic #4: Surveillance and Social Media Monitoring

Insurance companies hire private investigators to:

• Video you doing daily activities
• Film from public places (your driveway, street, stores)
• Follow you to appointments, errands, social activities
• Look for ANY activity contradicting your injury claims

They also monitor ALL your social media:

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

Examples We’ve Defended:

Example	What Happened	Insurance Claimed	Reality
Old Gym Photo	Photo from 3 years ago	Presented as recent	We proved metadata was pre-accident
Restaurant Check-in	Facebook check-in	“Partying and having fun”	Client was 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”	Everyone smiles for photos

7 Rules for Clients:

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

Tactic #5: Delay, Deny, Defend

Insurance companies drag out cases hoping you’ll get desperate:

• “Still investigating your claim”
• “Waiting for medical records” (that we sent months ago)
• “Reviewing your file”
• Ignore calls and emails

Why Delay Works:

• They Have: Unlimited time, unlimited resources, no financial pressure
• You Have: Mounting bills, zero income, creditors threatening

Financial Desperation Makes You Accept Less:

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

How We Counter: We file lawsuits to force deadlines and prepare for trial.

Tactic #6: Comparative Fault Arguments

Insurance companies 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.

How We Counter: Lupe knows their fault arguments because he made them for years – now he defeats them.

How We Calculate the Value of Your Case

At Attorney911, we don’t accept lowball offers from insurance companies. We know how they value claims because our attorney Lupe Peña used to calculate these claims for them. Now he fights for maximum compensation for victims like you.

Types of Damages You Can Recover

Economic Damages (No Cap in Texas):

• Medical expenses (past and future)
• Lost wages and earning capacity
• Property damage
• Out-of-pocket expenses (transportation, home modifications)

Non-Economic Damages (No Cap Except Medical Malpractice):

• Pain and suffering
• Mental anguish
• Physical impairment
• Disfigurement
• Loss of enjoyment of life
• Loss of consortium

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

Herniated Disc (Requiring Surgery):

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

Traumatic Brain Injury (Moderate to Severe):

• Past Medical: $198,000-$638,000
• Future Medical: $300,000-$3,000,000+
• Lost Wages: $50,000-$200,000
• Pain & Suffering: $500,000-$3,000,000+
• Settlement Range: $1,548,000-$9,838,000

Spinal Cord Injury / Paralysis:

• Lifetime Care Costs: $2,500,000-$13,000,000+
• Settlement Range: $4,770,000-$25,880,000

Amputation:

• Past Medical: $170,000-$480,000
• Future Medical: $500,000-$2,000,000
• Settlement Range: $1,945,000-$8,630,000

Wrongful Death (Working Age Adult):

• Economic Damages: $1,000,000-$4,000,000
• Non-Economic Damages: $500,000-$3,000,000
• Settlement Range: $1,910,000-$9,520,000

The Multiplier Method

Insurance companies use this formula:
Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage

Multiplier Range: 1.5 to 5

Injury Severity	Multiplier Range
Minor injuries	1.5 – 2
Moderate injuries	2 – 3
Severe injuries	3 – 4
Catastrophic injuries	4 – 5+

Factors That Increase Multiplier:

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

Factors That Decrease Multiplier:

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

Why Lupe’s Experience Matters: He calculated these multipliers for years using insurance company formulas. He knows when to push for higher multipliers and how to justify them.

Why Choose Attorney911 for Your Smithville 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 Attorney911’s biggest competitive advantage. Lupe spent years working FOR insurance companies, learning:

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

Now he uses that knowledge FOR victims, not against them.

2. Multi-Million Dollar Results

Our results speak for themselves:

• “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”
• “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”

3. Federal Court Experience

Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas. This matters because:

• Complex cases often end up in federal court
• FMCSA trucking regulations are federal
• Diversity jurisdiction applies for out-of-state defendants
• Federal court requires different skills than state court

BP Explosion Litigation: “Our firm is one of the few firms in Texas to be involved in BP explosion litigation” against multinational corporations.

4. Personal Attention

At Attorney911, you work directly with Ralph or Lupe – not a case manager assembly line. As client Dame Haskett said, “Consistent communication and not one time did I call and not get a clear answer… Ralph reached out personally.”

Other testimonials:

“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

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

5. Contingency Fee – No Risk to You

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

• Free consultation
• No upfront costs
• No hourly billing
• We advance all case costs
• You pay nothing unless we recover for you

Frequently Asked Questions About Smithville Accident Cases

Immediate After Accident

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

• Call 911 and report the accident
• Seek medical attention even if you feel fine (adrenaline masks injuries)
• Document everything: photos of damage, injuries, scene
• Exchange information with the other driver
• Get witness names and phone numbers
• Do NOT give recorded statements 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 Smithville?
You can obtain the police report from the Smithville 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 statements. 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 a settlement before knowing the full extent of your injuries. Once you sign a release, you cannot get more money even if you need surgery later.

11. What if the other driver is uninsured/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 the date of the accident for personal injury, 2 years from the date of death for wrongful death. Miss it = case barred forever.

16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (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?

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

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

Compensation

21. What is my case worth?
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.”

Special Situations

32. What common mistakes can hurt my case?

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

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

33. Should I post about my accident on social media?
NO. Make all profiles private. Don’t post about the accident, injuries, or activities. Insurance 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 the severity of your injuries. Delayed symptoms are common. We can still help.

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. The accident caused a 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.”

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.

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 the 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 – the 6-month deadline is strict.

41. What if the other driver fled the scene (hit and run)?
File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL – gas stations, businesses, Ring doorbells, traffic cameras. Most footage is deleted within 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. The 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. The insurance policy still applies. The estate may have assets. Wrongful death laws protect both sides.

These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.

Why Smithville Trusts Attorney911

Smithville is a tight-knit community, and we’re proud to serve our neighbors when they need us most. Whether you were injured on Highway 71, at the intersection of Main and 9th Street, or anywhere in Bastrop County, we’re here to help.

We understand the unique challenges of accident cases in our area:

• Highway 71 sees heavy truck traffic traveling between Austin and Houston
• FM 153 and other rural roads can be dangerous for motorcyclists and pedestrians
• Downtown Smithville sees pedestrian traffic that puts people at risk
• Local events can lead to drunk driving accidents

Our firm has deep roots in Texas. Ralph Manginello has been practicing law since 1998 and is admitted to federal court. We’ve recovered millions for accident victims across the state, including right here in Smithville.

When you call Attorney911, you’re not just getting a lawyer – you’re getting a team that treats you like family. We’re available 24/7 at 1-888-ATTY-911, and we offer free consultations with no obligation.

Call Attorney911 Today

If you or a loved one has been injured in an accident in Smithville or anywhere in Bastrop County, don’t wait. Evidence disappears daily, and the statute of limitations is ticking.

Call our legal emergency line now: 1-888-ATTY-911 (1-888-288-9911)

We offer:

• Free consultation
• No upfront costs
• No fee unless we win
• Bilingual services (se habla español)
• Personal attention from Ralph and Lupe

Remember: Insurance companies are already building their case against you. Don’t face them alone. Call Attorney911 today and let us fight for the compensation you deserve.

1-888-ATTY-911 – Your legal emergency line is always open.