Motor Vehicle Accident Lawyers in Palestine, Texas | Attorney911

If You’ve Been Injured in a Car Accident in Palestine, Texas, We’re Here to Help

Every 57 seconds, a motor vehicle crash occurs somewhere in Texas. In 2024 alone, over 251,977 people were injured on Texas roads – and many of those accidents happened right here in Anderson County. If you or a loved one has been hurt in a car accident in Palestine, Texas, you’re not alone. At Attorney911, we understand the physical, emotional, and financial toll these accidents take on victims and their families.

Ralph Manginello has been fighting for accident victims across Texas for more than 25 years. As a former journalist turned attorney, Ralph brings a unique perspective to every case – one that combines meticulous investigation with compassionate client care. Our Palestine car accident lawyers have recovered millions for clients who suffered serious injuries, from traumatic brain injuries to spinal cord damage and wrongful death.

When you call 1-888-ATTY-911, you’re not just calling a law firm – you’re calling your neighbors. We know the roads in Anderson County, from the busy intersections along Loop 256 to the rural highways like US-79 and US-84. We understand the unique challenges Palestine accident victims face, whether you were rear-ended on Main Street or involved in a trucking accident on I-45.

Don’t let insurance companies take advantage of you. Call our legal emergency line at 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.

Why Palestine, Texas Accident Victims Choose Attorney911

When you’re injured in a car accident, you need more than just a lawyer – you need a team that will fight for every dollar you deserve. Here’s why Palestine residents trust Attorney911 after a motor vehicle accident:

1. We Know Insurance Companies from the Inside Out

Most law firms only know how to deal with insurance companies from one side. At Attorney911, we know their tactics because our attorney Lupe Peña spent years working for a national defense firm. He’s seen how insurance companies value claims, how they calculate settlements, and how they try to minimize payouts. Now, he uses that insider knowledge to fight for you.

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

This means we can anticipate their moves before they make them. When insurance adjusters try to lowball your claim or blame you for the accident, we know exactly how to counter their arguments.

2. We’ve Recovered Millions for Accident Victims

Our results speak for themselves. We’ve secured multi-million dollar settlements for clients who suffered catastrophic injuries:

“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”

These aren’t just numbers – they represent real people from Palestine and across Texas who got the compensation they needed to rebuild their lives after devastating accidents.

3. We Handle the Most 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 complex cases that other firms can’t, including:

• Trucking accidents involving federal regulations
• Cases against large corporations
• Multi-state accidents
• Product liability claims

We were also one of the few firms involved in the BP explosion litigation, where we took on one of the world’s largest corporations and secured justice for victims. When you’re facing a powerful insurance company or a billion-dollar corporation, you need a law firm with the experience and resources to fight back.

4. You Get Personal Attention from Experienced Attorneys

At Attorney911, you’re not just a case number. You work directly with Ralph Manginello and Lupe Peña, not a team of paralegals. Our clients consistently praise the personal attention they receive:

“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…Ralph reached out personally.” – Dame Haskett

When you call our Palestine office, you’ll speak with someone who knows your name and cares about your case.

5. No Fee Unless We Win

We understand that accident victims are already facing medical bills and lost wages. That’s why we work on a contingency fee basis:

• Free initial consultation
• No upfront costs
• We advance all case expenses
• You pay nothing unless we recover money for you

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

This means you can get high-quality legal representation without adding to your financial stress.

Common Types of Motor Vehicle Accidents in Palestine, Texas

Anderson County sees a variety of motor vehicle accidents, from rear-end collisions on Main Street to serious trucking accidents on I-45. Our Palestine car accident lawyers have experience with all types of accidents:

Car Accidents in Palestine, Texas

Car accidents are the most common type of motor vehicle accident in Palestine. In 2024, there was a reportable crash in Texas every 57 seconds, and 251,977 people were injured. Common causes of car accidents in Anderson County include:

• Distracted driving (380 deaths in Texas in 2024)
• Speeding
• Failure to yield
• Running red lights or stop signs
• Following too closely
• Drunk driving
• Weather conditions

Common injuries in car accidents:

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

“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”

If you’ve been injured in a car accident in Palestine, don’t let the insurance company undervalue your claim. Call 1-888-ATTY-911 for a free consultation.

18-Wheeler and Trucking Accidents

Palestine sits along major trucking routes like I-45 and US-79, making trucking accidents a serious concern. In 2024, there were 39,393 commercial motor vehicle crashes in Texas, resulting in 608 fatalities and 1,601 serious injuries. Texas accounts for 11% of all fatal truck crashes nationwide.

Trucking accidents are particularly dangerous because of the size and weight disparity between commercial trucks and passenger vehicles. An 18-wheeler can weigh up to 80,000 pounds – 20 times more than the average car. This means trucking accidents often result in catastrophic injuries or wrongful death.

Common causes of trucking accidents in Anderson County:

• Driver fatigue (violating Hours of Service regulations)
• Distracted driving
• Speeding
• Improper loading
• Mechanical failures
• Inadequate training
• Drunk or drugged driving

Federal Motor Carrier Safety Administration (FMCSA) regulations that trucking companies must follow:

• Maximum 11 hours of driving after 10 consecutive hours off duty
• Cannot drive beyond the 14th consecutive hour on duty
• 30-minute break required after 8 hours of driving
• 60/70-hour weekly limits
• Electronic Logging Devices (ELDs) mandatory
• Commercial driver BAC limit: 0.04% (half the limit for regular drivers)

When trucking companies violate these regulations, they can be held liable for resulting accidents. Our Palestine truck accident lawyers know how to investigate these cases and hold negligent trucking companies accountable.

“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”

If you or a loved one has been injured in a trucking accident in Palestine, call 1-888-ATTY-911 immediately. Evidence like ELD data and black box information can be overwritten in as little as 30 days.

Drunk Driving Accidents

Drunk driving is a serious problem in Texas. In 2024, 1,053 people were killed in alcohol-impaired driving crashes – that’s 25.37% of all traffic fatalities in the state. Anderson County is not immune to this problem, with drunk driving accidents occurring on local roads and highways.

In Texas, a driver is considered legally intoxicated with a blood alcohol concentration (BAC) of 0.08% or higher (Texas Penal Code § 49.04). However, alcohol impairment begins at much lower levels.

One of the most powerful legal tools in drunk driving cases is the Texas Dram Shop Law (Texas Alcoholic Beverage Code § 2.02). This law allows accident victims to sue bars, restaurants, and other establishments that served alcohol to obviously intoxicated patrons who then caused accidents.

To prove dram shop liability, we must show:

1. The establishment served alcohol to someone who was obviously intoxicated
2. The over-service was the proximate cause of the accident and injuries

Signs of obvious intoxication include:

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

Potentially liable parties in drunk driving cases:

• The drunk driver
• Bars and nightclubs
• Restaurants that serve alcohol
• Liquor stores
• Event organizers (concerts, festivals)
• Social hosts (in limited circumstances)

Drunk driving cases often qualify for punitive damages, which are designed to punish grossly negligent behavior and deter similar conduct. In Texas, punitive damages are capped at the greater of $200,000 or two times economic damages plus one times non-economic damages (up to $750,000 for the non-economic portion).

Our firm’s criminal defense experience gives us an advantage in drunk driving cases. Ralph Manginello is a member of the Harris County Criminal Lawyers Association (HCCLA), and we’ve successfully handled numerous DWI cases:

“Our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed”

“Our client drove home at 2:30 a.m., hit a curb and rolled his car, injuring a passenger. We learned that 1) police conducted no breath or blood test, 2) EMS didn’t note intoxication, 3) nurse notes from hospital were missing. Case dismissed on day of trial”

“Our client was charged with DUI/DWI, state’s primary evidence was video field sobriety test. We succeeded in having case dismissed because our client did not appear drunk in the video”

This experience helps us investigate drunk driving accident cases thoroughly and build strong claims against all responsible parties.

If you’ve been injured by a drunk driver in Palestine, call 1-888-ATTY-911. We’ll investigate every angle, including whether a bar or restaurant contributed to the accident.

Motorcycle Accidents

Motorcycle accidents are particularly devastating. In 2024, 585 motorcyclists were killed in Texas – and 37% of those killed were not wearing helmets. Anderson County sees its share of motorcycle accidents, especially during the warmer months when riders take to local roads like FM 321 and FM 315.

Texas helmet law requires all riders under 21 to wear helmets. Riders 21 and older may ride without a helmet if they have completed a safety course or have $10,000 in medical insurance coverage.

Common causes of motorcycle accidents in Palestine:

• Failure to yield right of way (most common cause)
• Driver inattention or distraction
• Unsafe lane changes
• Left-turn accidents (T-bone or head-on collisions)
• Speeding or reckless driving
• Road hazards

One of the biggest challenges in motorcycle accident cases is the Texas comparative negligence rule. Insurance companies often try to blame the motorcyclist for the accident, even when the other driver was clearly at fault. If they can show you were even partially at fault, your compensation could be reduced – or eliminated entirely if you’re found 51% or more at fault.

Our Palestine motorcycle accident lawyers know how to counter these arguments. Lupe Peña spent years making these same arguments for insurance companies – now he uses that knowledge to fight for motorcyclists.

If you’ve been injured in a motorcycle accident in Palestine, don’t let the insurance company blame you for the accident. Call 1-888-ATTY-911 for a free consultation.

Pedestrian Accidents

Palestine’s downtown area and residential neighborhoods see pedestrian traffic, and unfortunately, pedestrian accidents do occur. In 2024, there were 6,095 pedestrian crashes in Texas, resulting in 768 fatalities. Pedestrians account for just 1% of all crashes but 19% of all roadway deaths.

Houston had a record 119 pedestrian deaths in 2024, but smaller cities like Palestine aren’t immune. Pedestrian accidents often occur at intersections, in crosswalks, or when vehicles are backing out of driveways.

A critical legal point that many people don’t know: Pedestrians always have the right-of-way at intersections in Texas, even at unmarked crosswalks. This means that anytime there’s an intersection of two streets, the distance between them is considered a crosswalk – even if it’s not marked.

Common injuries in pedestrian accidents:

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

If you or a loved one has been hit by a car while walking in Palestine, call 1-888-ATTY-911. We’ll fight to ensure you receive full compensation for your injuries.

Rideshare Accidents (Uber/Lyft)

Rideshare services like Uber and Lyft are popular in Palestine, but accidents involving these vehicles can be complex. The insurance coverage available depends on what the driver was doing at the time of the accident – and insurance companies often try to minimize their liability.

Rideshare insurance coverage phases:

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

This means that if you’re injured in a rideshare accident, the amount of insurance coverage available could vary dramatically based on what the driver was doing at the exact moment of the crash.

Who can be injured in rideshare accidents:

• 21% Riders
• 21% Drivers
• 58% Third parties (other drivers, pedestrians, passengers in other vehicles)

Our Palestine rideshare accident lawyers know how to navigate this complex insurance landscape. Lupe Peña’s insurance defense background gives us an advantage in identifying all available coverage and maximizing your recovery.

If you’ve been injured in an Uber or Lyft accident in Palestine, call 1-888-ATTY-911 immediately. We’ll investigate the driver’s status at the time of the accident and fight for the full compensation you deserve.

Hit and Run Accidents

Hit and run accidents are particularly frustrating because the at-fault driver flees the scene, leaving victims injured and unsure of how to recover compensation. Nationally, someone is involved in a hit and run accident every 43 seconds.

In Texas, hit and run is a serious crime with severe penalties:

Severity	Charge	Penalty
Death	2nd Degree Felony	2-20 years in prison, up to $10,000 fine
Serious Bodily Injury	3rd Degree Felony	2-10 years in prison, up to $10,000 fine
Minor Injury	State Jail Felony	Up to 5 years in state jail, up to $5,000 fine
Property Damage ≥$200	Class B Misdemeanor	Up to 6 months in jail, up to $2,000 fine

If you’re the victim of a hit and run accident in Palestine, your own Uninsured Motorist (UM) coverage can provide compensation when the at-fault driver is unidentified. UM coverage pays for your injuries and damages when the other driver has no insurance or can’t be located.

Watch our video on Uninsured & Underinsured Motorists: https://www.youtube.com/watch?v=kWcNFyb-Yq8

Evidence is critical in hit and run cases, and it disappears quickly:

• Surveillance footage is typically deleted within 7-30 days
• Witnesses disperse and memories fade
• The at-fault vehicle may be repaired or sold

If you’ve been the victim of a hit and run accident in Palestine, call 1-888-ATTY-911 immediately. We’ll send preservation letters to nearby businesses to secure surveillance footage before it’s deleted.

What to Do After a Car Accident in Palestine, Texas

If you’ve been in a car accident in Palestine, what you do in the first 48 hours can make a huge difference in your case. Follow this 48-hour protocol to protect your rights and preserve critical evidence:

Hour 1-6 (Immediate Crisis):

✅ Safety First: If you can move safely, get to a secure location away from traffic. Turn on your hazard lights and set up warning triangles if you have them.

✅ Call 911: Report the accident and request medical assistance if anyone is injured. Even if you feel fine, it’s important to have a police report on file.

✅ Medical Attention: If you’re injured, get to the Palestine Regional Medical Center or another local hospital immediately. Adrenaline can mask injuries – you may be hurt and not know it yet.

✅ Document Everything:

• Take photos of all vehicle damage from multiple angles
• Photograph the accident scene, including road conditions, traffic signals, and skid marks
• Take photos of any visible injuries
• Screenshot any messages visible on your phone – do NOT delete anything

✅ Exchange Information:

• Other driver’s name, phone number, and address
• Insurance company and policy number
• Driver’s license number
• License plate number
• Vehicle make, model, and color

✅ Witnesses:

• Get names and phone numbers of any witnesses
• Ask if they saw what happened
• Record their statements if possible (use your phone’s voice recorder)

✅ 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 any damaged clothing, glasses, or 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 and 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 your social media profiles private immediately
• Do NOT post about the accident
• Do NOT post photos of injuries or activities
• Tell friends and family not to tag you in posts

Hour 24-48 (Strategic Decisions):

✅ Legal Consultation:

• Speak with an experienced motor vehicle accident attorney
• Call Attorney911: 1-888-ATTY-911 for a 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: your name, the date of the accident, and that you were involved

✅ Settlement Offers:

• Do NOT accept or sign anything without your lawyer reviewing it
• Early offers are ALWAYS lowball offers
• You don’t know the full extent of your injuries yet

✅ Evidence Backup:

• Upload all screenshots and photos to cloud storage
• Email copies to yourself and a family member
• Create a written timeline of events while your memory is fresh

Week One Priorities:

✅ Medical Follow-Up:

• Continue documenting all injuries
• See specialists if recommended
• Follow ALL your doctor’s recommendations (insurance companies watch for treatment gaps)
• Get written work restrictions if needed

✅ Investigation Begins:

• Your attorney will obtain the police report
• Preservation letters will be sent to all parties to secure evidence before it’s deleted
• Surveillance footage will be secured from nearby businesses
• Witness statements will be recorded

✅ Communication:

• Your attorney will handle ALL insurance communication
• You focus on your recovery
• Document any pressure from insurance companies or other parties

Why Evidence Disappears So Quickly

Evidence doesn’t last forever. Here’s what happens to critical evidence in the days and weeks after an accident:

Day 1-7:

• Witness memories are at their peak but begin fading immediately
• Witnesses become harder to locate as days pass
• Details are forgotten or become uncertain
• Physical evidence like skid marks fade, debris is cleared, and the accident scene is cleaned

Day 7-30:

• Surveillance footage is deleted:
  • Gas stations: typically keep footage 7-14 days
  • Retail stores: typically keep footage 30 days
  • Ring doorbells: 30-60 days
  • Traffic cameras: 30 days
• Once deleted, this footage is GONE FOREVER – it cannot be recovered
• Witnesses may change jobs, move, or become unreachable
• The accident scene changes as roads are repaired, new striping is applied, and traffic signals are adjusted

Month 1-2:

• Insurance companies solidify their defense position against you
• Adjusters have built their file against you
• Their settlement position hardens
• Vehicle repairs destroy evidence from the vehicles once they’re fixed

Month 2-6:

• Trucking electronic data is deleted:
  • ELD (Electronic Logging Device) data: 30-180 days retention
  • Black box data: can be automatically overwritten
  • GPS/telematics data: varies by company
• Cell phone records become harder to obtain as time passes
• Social media posts are deleted and accounts are deactivated

Month 6-12:

• Witnesses graduate, move away, or their memories degrade significantly
• Medical evidence becomes harder to link to the accident
• Treatment gaps are used against you by insurance companies
• Financial desperation mounts as bills pile up, making you vulnerable to lowball offers

Month 12-24:

• You’re approaching the 2-year statute of limitations deadline
• This creates pressure to settle, and insurance companies know you’re desperate
• Evidence is severely degraded
• Your case value is diminished

This is why it’s critical to call Attorney911 immediately after your accident. We send preservation letters to all parties to secure evidence before it’s automatically deleted. Every day you wait, evidence disappears – and once it’s gone, it’s gone forever.

Call 1-888-ATTY-911 now to protect your rights.

Texas Motor Vehicle Accident Laws You Need to Know

Understanding Texas law is crucial to protecting your rights after a car accident. Here are the key legal concepts that apply to motor vehicle accidents in Palestine:

Statute of Limitations

In Texas, you have a limited time to file a lawsuit after a car accident. This is called the statute of limitations:

Claim Type	Time Limit	Starts From
Personal Injury	2 years	Date of accident
Wrongful Death	2 years	Date of death
Property Damage	2 years	Date of damage
Government Claims	6 months notice	Date of incident
Minors	Tolled until 18	Then 2 years from 18th birthday

Exceptions:

• Discovery Rule: In rare cases, the statute of limitations may start later if the injury or its cause wasn’t immediately discoverable
• Defendant Absence: The clock may be tolled if the defendant leaves Texas
• Mental Incapacity: The clock may be tolled during periods of mental incapacity

CRITICAL: If you miss the deadline, your case will be barred forever. You cannot extend or waive this deadline. This is why it’s so important to contact an attorney as soon as possible after your accident.

Comparative Negligence (51% Bar Rule)

Texas uses a modified comparative negligence system with a 51% bar. This means:

• If you are 50% or less at fault, you can recover damages, but your recovery is reduced by your percentage 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 payout. Even small percentages of fault can cost you thousands of dollars:

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

Lupe Peña’s insurance defense experience is invaluable here. He spent years making these comparative fault arguments for insurance companies – now he uses that knowledge to counter them and protect your rights.

Texas Minimum Auto Insurance Requirements

Texas is an “at-fault” state, meaning the at-fault driver’s insurance is responsible for paying damages. Texas law requires all drivers to carry minimum insurance coverage:

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

Uninsured Motorist Statistics:

• Approximately 15.4% of US motorists are uninsured (about 1 in 7 drivers)
• Texas allows inter-policy stacking of Uninsured/Underinsured Motorist (UM/UIM) coverage

If you’re hit by an uninsured driver, your own UM coverage can compensate you for your injuries and damages.

Dram Shop Liability

Texas has a Dram Shop Law (Texas Alcoholic Beverage Code § 2.02) that allows accident victims to sue bars, restaurants, and other establishments that served alcohol to obviously intoxicated patrons who then caused accidents.

To prove dram shop liability, we must show:

1. The establishment served alcohol to someone who was obviously intoxicated
2. The over-service was the proximate cause of the accident and damages

Signs of obvious intoxication include:

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

Potentially liable parties:

• Bars and nightclubs
• Restaurants that serve alcohol
• Liquor stores
• Event organizers (concerts, festivals)
• Social hosts (in limited circumstances)

Punitive Damages

Punitive (or exemplary) damages are available in cases involving:

• Fraud: Intentional misrepresentation causing harm
• Malice: Specific intent to cause substantial injury
• Gross Negligence: Conscious indifference to the rights, safety, or welfare of others

Common situations where punitive damages apply in motor vehicle accidents:

• Drunk driving accidents
• Extreme speeding (100+ mph)
• Trucking companies that knowingly allow fatigued drivers on the road
• Manufacturers that knowingly sell defective vehicles

Punitive Damage Caps in Texas:
The greater of:

• $200,000, OR
• 2x economic damages + 1x non-economic damages (capped at $750,000 for the non-economic portion)

Tax Treatment:
Punitive damages are taxable as ordinary income, while compensatory damages for physical injuries are generally not taxable.

How Insurance Companies Try to Take Advantage of Accident Victims

Insurance companies are not on your side. Their goal is to pay you as little as possible – or nothing at all. At Attorney911, we know their tactics because our attorney Lupe Peña used to work for them. Here are the six most common insurance company tactics we see in Palestine car accident cases:

Tactic #1: The Quick Contact & Recorded Statement Trap

What They Do:
Within hours or days of your accident, an insurance adjuster will contact you. They’ll sound friendly and helpful:

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

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

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

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

Lupe’s Insider Knowledge:

“I’ve taken hundreds of these recorded statements as a defense attorney. The questions are carefully designed to get you to minimize your injuries or accept partial blame. Even innocent comments like ‘I’m feeling a little better today’ can be twisted to suggest your injuries aren’t serious.”

What You Should Do:

• Do NOT give a recorded statement without an attorney
• If an adjuster calls, say: “I need to speak with my attorney first”
• Refer all calls to Attorney911: 1-888-ATTY-911

Tactic #2: The Quick Settlement Offer

What They Do:
Within days or weeks of your accident, the insurance company will offer you quick money:

• Typical offers: $2,000-$5,000
• Sometimes $10,000-$15,000 if they’re worried about liability
• They’ll create 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 full extent of your injuries yet. Many serious injuries don’t show symptoms immediately:

What Happens	Result
Day 3: Insurance offers $3,500 “final settlement”	You’re desperate, in pain, scared about bills
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 a release, can’t reopen the claim
You pay $100,000 out of pocket	Insurance pays nothing more

The release you sign is permanent and final. Once you sign, you cannot go back and ask for more money, even if you discover you need surgery or have permanent injuries.

What You Should Do:

• NEVER settle before you’ve reached Maximum Medical Improvement (MMI)
• MMI is the point where your doctor says you’ve recovered as much as you’re going to
• This could take 6 months, 12 months, or longer depending on your injuries
• Call Attorney911 before accepting any settlement: 1-888-ATTY-911

Tactic #3: The “Independent” Medical Exam (IME) Scheme

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

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

How Insurance Companies Choose IME Doctors:
They don’t choose the most qualified doctors – they choose doctors who give them the reports they want. Selection criteria include:

• Doctors who consistently find “no injury” or “pre-existing condition”
• Doctors who minimize the severity of injuries
• Doctors who are paid thousands by insurance companies ($2,000-$5,000 per exam)
• Doctors who want repeat business from insurance companies

What Happens at an IME:

• A 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
• The doctor rarely reviews your complete medical records beforehand
• They ask questions designed to get you to say you’re feeling better
• They look for any reason to minimize your injuries

Common IME Doctor Findings:

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

How Attorney911 Counters:

• We prepare you extensively before the exam
• We send your complete medical records to the IME doctor first, forcing them to review them
• We challenge biased IME reports with our own medical experts
• Lupe knows these specific doctors and their biases – he hired them for years when he worked for insurance companies

Tactic #4: Delay and Financial Pressure

What They Do:
They drag your case out, hoping you’ll get desperate and accept a lowball offer:

• “We’re still investigating your claim”
• “We’re waiting for medical records” (even when we’ve already sent them)
• “We’re reviewing your file”
• “We need additional information”
• They ignore your calls and emails
• They take weeks to respond to simple questions

Why Delay Works:
Insurance Companies Have:

• Unlimited time
• Unlimited resources
• No financial pressure
• They’re earning interest on YOUR settlement money while delaying

You Have:

• Mounting medical bills
• Zero income if you can’t work
• Creditors threatening you
• Financial desperation

Financial Desperation Makes You Accept Less:

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

How Attorney911 Counters:

• 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 for years – he knows when to push and when to file suit

Tactic #5: Surveillance and Social Media Monitoring

What They Do:
Insurance companies hire private investigators to spy on you. They’ll:

• Video you doing daily activities
• Film you from public places (your driveway, the street, stores)
• Look for any activity that contradicts your injury claims
• One video of you bending over can be used to claim “you’re not really injured”

They also monitor ALL your social media:

• Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
• They screenshot EVERYTHING: photos, posts, check-ins, comments, likes
• They monitor your friends’ profiles for posts mentioning you
• They use facial recognition to find photos you’re tagged in
• They archive your entire social media history

Examples We’ve Defended Against:

Example	What Happened	What Insurance Claimed	Reality
Old Gym Photo	Photo from 3 years ago showing client working out	Presented as recent, contradicting injury claims	We proved the photo was pre-accident using metadata
Restaurant Check-in	Facebook check-in at restaurant	“Partying and having fun”	Client was sitting quietly having dinner with family
Friend’s Comment	Friend posted “Had fun yesterday!”	Evidence client wasn’t injured	Client was resting at home, not at the event
Walking Dog	Video of client walking dog slowly	“Not disabled”	Doctor recommended short walks for physical therapy
Smiling in Photo	Family photo where client is smiling	“Not in pain – she’s smiling!”	Everyone smiles for photos, even when in pain

7 Rules for Clients:

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

Lupe’s Insider Quote:

“I’ve reviewed hundreds of surveillance videos and social media posts as 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.”

Tactic #6: Comparative Fault Arguments

What They Do:
They 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’s 51% bar rule means:

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

Even Small Fault Percentages Cost You Thousands:

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

How Attorney911 Counters:
We conduct an aggressive liability investigation:

• Accident reconstruction to prove the other driver’s fault
• Witness statements supporting your version of events
• Police report analysis emphasizing citations against the other driver
• Expert testimony on perception-reaction time and visibility

Lupe’s Advantage:
He knows the comparative fault arguments insurance companies use because he made them for years. Now he uses that knowledge to counter them and protect your rights.

How Insurance Companies Actually Value Your Claim

Most people think insurance companies use some fair, objective system to value claims. They don’t. They use software called Colossus, and they manipulate it to pay you as little as possible.

How Colossus Works

Colossus is a computerized claim valuation system used by Allstate, State Farm, Liberty Mutual, and other major insurance companies. Here’s how it works:

1. Data Entry: The adjuster inputs injury codes, treatment types, medical costs, lost wages, and jurisdiction
2. Coding: Your injuries are coded using standardized medical terms
3. Calculation: The software applies algorithms to determine a “value” for your claim
4. Range Output: The system provides a recommended settlement range
5. Authority: The adjuster typically cannot exceed this range without supervisor approval

How Insurance Companies Manipulate Colossus

Insurance adjusters are trained to manipulate the system to minimize your claim:

Manipulation	Effect
Low Injury Codes	“Soft tissue strain” instead of “disc herniation” reduces value 50-100%
Excessive Treatment Flags	Physical therapy beyond “normal” range triggers reductions
Conservative Treatment Penalty	Chiropractic care valued less than treatment from medical doctors
Pre-Existing Reduction	Any prior condition used to reduce value, even if unrelated
Jurisdiction Factor	Low-verdict counties get lower values

Why Lupe’s Experience Matters

Lupe Peña spent years working with Colossus and similar systems for insurance companies. He knows:

• How to code injuries properly for maximum value
• Which medical terms trigger higher valuations
• When Colossus output is artificially low
• How to present medical records to beat the algorithm
• How to negotiate when the adjuster claims they “can’t exceed Colossus”

We Don’t Accept Low Colossus Valuations:

• If insurance offers a 1.5× multiplier for a severe injury, we fight for 4-5×
• We document the permanency and impact of your injuries
• We prepare for trial if they won’t pay a fair multiplier
• Our multi-million dollar results prove we don’t accept low Colossus valuations

What You Can Recover After a Car Accident in Palestine

If you’ve been injured in a car accident that wasn’t your fault, you may be entitled to compensation for:

Economic Damages (No Cap in Texas)

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

Non-Economic Damages (No Cap in Texas)

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

Punitive/Exemplary Damages (Capped in Texas)

Punitive damages are available in cases involving:

• Gross negligence: Conscious indifference to the rights, safety, or welfare of others
• Fraud: Intentional misrepresentation causing harm
• Malice: Specific intent to cause substantial injury

Common situations where punitive damages apply in motor vehicle accidents:

• Drunk driving accidents
• Extreme speeding (100+ mph)
• Trucking companies that knowingly allow fatigued drivers on the road
• Manufacturers that knowingly sell defective vehicles

Punitive Damage Caps in Texas:
The greater of:

• $200,000, OR
• 2x economic damages + 1x non-economic damages (capped at $750,000 for the non-economic portion)

Tax Treatment:
Punitive damages are taxable as ordinary income, while compensatory damages for physical injuries are generally not taxable.

Settlement Ranges for Common Injuries

The value of your case depends on many factors, including the severity of your injuries, the impact on your life, and the amount of insurance available. Here are typical settlement ranges for common car accident injuries in Texas:

Soft Tissue Injuries (Whiplash, Sprains, Strains)

Medical Treatment:

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

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

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

Broken Bone (Single, Simple Fracture)

Medical Treatment:

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

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

SETTLEMENT RANGE: $35,000-$95,000

Broken Bone (Requiring Surgery – ORIF)

Medical Treatment:

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

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

SETTLEMENT RANGE: $132,000-$328,000

Herniated Disc (Conservative Treatment)

Medical Treatment:

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

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

SETTLEMENT RANGE: $70,000-$171,000

Herniated Disc (Surgery Required)

Medical Treatment:

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

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

SETTLEMENT RANGE: $346,000-$1,205,000

Traumatic Brain Injury (Moderate to Severe)

Medical Treatment:

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

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

SETTLEMENT RANGE: $1,548,000-$9,838,000

Attorney911 Documented Result:

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

Spinal Cord Injury / Paralysis

Lifetime Care Costs by Level:

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

SETTLEMENT RANGE: $4,770,000-$25,880,000

Amputation

Medical Treatment:

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

Future Medical (Lifetime Prosthetics):

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

SETTLEMENT RANGE: $1,945,000-$8,630,000

Attorney911 Documented Result:

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

Wrongful Death (Working Age Adult)

Economic Damages:

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

Non-Economic Damages:

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

SETTLEMENT RANGE: $1,910,000-$9,520,000

Attorney911 Documented Result:

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

Nuclear Verdicts: How They Increase Your Settlement Value

A nuclear verdict is a jury award that exceeds $10 million (originally $10M threshold, now often $20M+). These verdicts have a ripple effect that increases settlement values across all serious injury cases.

Texas Nuclear Verdict Statistics:

• 207 nuclear verdicts ($10M+) 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:

Year	Case	Amount
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 (6 deaths)	$44,100,000
2024	Oncor Electric (trucking)	$37,500,000
2024	Ben E. Keith (Fort Worth trucking)	$35,000,000
2023	Johnson v. Union Pacific (train)	$557,000,000
2021	Ramsey v. Landstar (trucking)	$730,000,000
2017	Kindred v. Delbosque (drunk driving)	$301 BILLION

Why Nuclear Verdicts Matter to You:

Insurance companies fear nuclear verdicts. This fear increases settlement values across all serious injury cases, not just those that go to trial. Attorney911’s trial readiness and multi-million dollar track record give us leverage in every negotiation.

When insurance companies know we’re prepared to take a case to trial and aren’t afraid of a nuclear verdict, they’re more likely to offer a fair settlement. Our reputation as a firm that fights for maximum compensation – and wins – means we can often secure better settlements without going to court.

What Our Palestine Clients Say About Us

At Attorney911, we’re proud of the relationships we build with our clients. Here’s what some of them have to say about their experience with our Palestine car accident lawyers:

“Melanie was excellent. She kept me informed and when she said she would call me back, she did. I got to speak with Ralph Manginello once and knew quickly the way his Firm was ran.” – 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

“Special thank you to my attorney, Mr. Pena, for your kindness and patience with my repeated questions.” – Chelsea Martinez

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

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

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

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

“They went above and beyond! Special thank you to Ralph and Leanor.” – Diane Smith

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

“Leonor is the best!!! She was able to assist me with my case within 6 months.” – Tymesha Galloway

“Mariela and Zulema have done such a fantastic job…gone above and beyond to get my case settled quickly!” – Hannah Garcia

“Highly recommend! They moved fast and handled my case very efficiently.” – Nina Graeter

“She had received a offer but she told me to give her one more week because she knew she could get a better offer.” – Tracey White

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

“I was rear-ended and the team got right to work…I also got a very nice settlement.” – MONGO SLADE

“I lost everything… my car was at a total loss and because of Attorney Manginello and my case worker Leonor… 1 year later I have gained so much in return plus a brand new truck.” – Kiimarii Yup

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

“This place feels like having a family over your case. And communication with you every step of the way. That’s how you know you’re in good hands.” – Kiwi Potato

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

“Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined throughout the 19 months.” – Jamin Marroquin

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

“Ralph has kept me up to date on the case, checked in on me.” – Manraj

“Ralph is an AMAZING ATTORNEY. I have used him 2 TIMES FOR 2 separate cases the first case he got me an OFF DOCKET DISSMISSAL! And the other only 10 months probation. He gets the JOB DONE RIGHT!!!!” – Cassie Wright

“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 Palestine, Texas

Immediate After Accident

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

If you’ve been in an accident in Palestine:

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

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

Yes. Always call the police. In Texas, you must report accidents that result in:

• Injuries
• Deaths
• Property damage over $1,000

The police report is critical evidence for your claim.

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 at Palestine Regional Medical Center or another local hospital.

4. What information should I collect at the scene?

• Other driver: name, phone, address, driver’s license, insurance information
• 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” (this can be used as an admission of fault)
• Do NOT give your opinion on what happened
• Stick to facts only

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

In Palestine, you can obtain the police report from:

• The Palestine Police Department
• 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 on what to say.

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

Say: “I need to speak with my attorney first.” Give only basic information:

• Your name
• The date of the accident
• That you were involved

Do NOT:

• Give a recorded statement
• Discuss your injuries
• Discuss fault
• Accept any settlement offers

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

No. Their estimate is just an offer. It’s usually far below what your case is actually worth. Attorney911 fights for what you’re truly entitled to.

10. Should I accept a quick settlement offer?

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

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

Your own Uninsured/Underinsured Motorist (UM/UIM) coverage can compensate you when:

• The other driver has no insurance
• The other driver has insufficient insurance
• The other driver flees the scene (hit and run)

Texas allows inter-policy stacking, which means you can combine coverage from multiple vehicles on your policy.

Watch our video on UM/UIM coverage: 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 a medical authorization without having an attorney review it first.

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 coverage available

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. The sooner you call Attorney911, the better we can protect your rights.

15. How much time do I have to file a lawsuit (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
• 6 months notice for government claims

Miss the deadline and your case is barred forever.

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

Texas uses the 51% bar rule:

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

Insurance companies always try to assign you maximum fault to reduce their payment.

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.

Example:

• You’re 25% at fault
• Your damages are $100,000
• You recover $75,000

18. Will my case go to trial?

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

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

19. How long will my case take to settle?

It depends on the severity of your injuries. We don’t settle until you’ve reached Maximum Medical Improvement (MMI) – the point where your doctor says you’ve recovered as much as you’re going to.

• Minor injuries: 6-12 months
• Moderate injuries: 12-18 months
• Severe injuries: 18-24+ months

Watch our video: “Waiting for Your Case to Settle?” at https://www.youtube.com/watch?v=PvVvpmuLinM

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 (exchange of information)
7. Mediation
8. Trial if needed

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

Compensation

21. What is my case worth?

It depends on many factors:

• Severity of your injuries
• Cost of medical treatment
• Lost wages and earning capacity
• Pain and suffering
• Permanent impairment
• Insurance coverage available

Cases range from $15,000 (soft tissue injuries) to millions (catastrophic injuries).

22. What types of damages can I recover?

• Economic Damages (No Cap in Texas):

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

• Non-Economic Damages (No Cap in Texas):

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

• Punitive Damages (Capped):

  • Available for gross negligence, fraud, or malice
  • Capped at greater of $200,000 or 2x economic + 1x non-economic (max $750K for non-economic)

23. Can I get compensation for pain and suffering?

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

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

You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule – the defendant takes the victim as they find them.

Example:

• You had mild occasional back pain before the accident
• The accident caused a herniated disc requiring surgery
• You can recover for the new injury and the aggravation of your pre-existing condition

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

Generally:

• Compensation for physical injuries is NOT taxable
• Punitive damages ARE taxable
• Lost wages may be taxable
• Interest on the settlement may be taxable

Consult a tax professional for specific advice.

26. How is the value of my claim determined?

Insurance companies typically use the multiplier method:
Total Settlement = (Medical Expenses × Multiplier) + Lost Wages + Property Damage

The multiplier ranges from 1.5 to 5, depending on:

• Severity of injuries
• Permanency
• Impact on daily life
• Clear liability
• Sympathetic plaintiff
• Egregious defendant conduct

Lupe Peña’s insurance defense experience gives us an advantage in justifying higher multipliers.

Attorney Relationship

27. How much do car accident lawyers cost?

Attorney911 works on a contingency fee basis:

• 33.33% of the recovery before trial
• 40% if the case goes to trial
• You pay nothing upfront
• We advance all case costs
• You pay nothing 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?

It means:

• Free initial consultation
• No upfront costs
• We advance all case expenses (court costs, expert fees, etc.)
• You pay nothing unless we recover money for you
• If we don’t win, you owe us nothing

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 attorneys at any time. 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.”

Mistakes to Avoid

32. What common mistakes can hurt my case?

• Giving a recorded statement without an attorney – Insurance will use it against you
• Accepting a quick settlement – Early offers are always lowball offers
• Delaying medical treatment – Insurance will claim you weren’t really hurt
• Gaps in treatment – Insurance will claim your injuries resolved
• Posting on social media – Insurance will use it to minimize your injuries
• Signing releases or authorizations – These are permanent and binding
• Not documenting everything – Evidence disappears quickly

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 your social media profiles private immediately. Don’t post about:

• The accident
• Your injuries
• Your activities
• Your emotions
• Your case

Tell friends and family not to tag you or post about you. Assume everything is being monitored by insurance companies.

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

• Releases are permanent – Once you sign, you can’t undo it
• Medical authorizations give unlimited access to your entire medical history
• Settlement offers are binding – You can’t ask for more later
• Insurance forms may contain hidden traps

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

See a doctor NOW. Explain that you didn’t realize the severity of your injuries at first. Delayed symptoms are common in car accidents. We can still help.

Additional Common Questions

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

You can still recover compensation. If the accident aggravated your pre-existing condition, you’re entitled to compensation for the aggravation. The “eggshell plaintiff” rule means the defendant takes the victim as they find them.

Example:

• Before the accident: Mild occasional back pain
• After the accident: Severe constant pain requiring surgery
• You can recover for the difference

We hire medical experts to explain the aggravation and prove causation.

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

YES. You can fire your attorney at any time. If your current attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle for less than your case is worth, 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 attorneys.

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

Uninsured/Underinsured Motorist (UM/UIM) claims are against your own insurance when:

• The other driver has no insurance
• The other driver has insufficient insurance
• The other driver flees the scene (hit and run)

Your own insurance company will fight your claim just like the other driver’s insurance would. You need an attorney to represent you.

Texas allows inter-policy stacking, which means you can combine coverage from multiple vehicles on your policy. Lupe Peña’s insurance defense background is invaluable in maximizing your UM/UIM recovery.

39. How do you calculate pain and suffering?

Most commonly using the multiplier method:
Pain & Suffering = Medical Expenses × Multiplier (1.5 to 5)

The multiplier depends on:

• Severity of injuries
• Permanency
• Impact on daily life
• Clear liability
• Sympathetic plaintiff
• Egregious defendant conduct

Example:

• Medical expenses: $100,000
• Multiplier: 4
• Pain & suffering: $400,000

Lupe Peña calculated these multipliers for years when he worked for insurance companies. He knows how to justify higher multipliers and fight for maximum compensation.

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

Government claims have special rules:

• 6-month notice requirement (much shorter than the 2-year statute of limitations)
• Sovereign immunity protects government entities
• Damage caps may apply

These cases are complex and require experienced legal representation. Ralph Manginello’s 25+ years of experience 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 in Texas, with penalties ranging from a Class B misdemeanor to a 2nd degree felony depending on the severity.

Your Uninsured Motorist (UM) coverage can provide compensation when the at-fault driver is unidentified. Surveillance footage is critical in hit and run cases, but it’s typically deleted within 7-30 days.

We send preservation letters to nearby businesses immediately to secure surveillance footage before it’s deleted. Texas allows UM stacking, which can significantly increase your available coverage.

If you’ve been the victim of a hit and run in Palestine, call 1-888-ATTY-911 immediately.

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

YES. Your immigration status does NOT affect your right to compensation for injuries caused by someone else’s negligence. You’re entitled to full recovery regardless of immigration status.

Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe Peña is fluent in Spanish, and our staff includes bilingual team members like Zulema.

Call 1-888-ATTY-911 – we protect your rights and your privacy.

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

Parking lot accidents are fully compensable. Insurance companies often try to argue that “parking lot accidents are always 50/50 fault,” but this is not true.

We prove fault through:

• Surveillance video
• Witness statements
• Damage analysis
• Traffic patterns
• Right-of-way rules

Texas comparative negligence rules apply to parking lot accidents. 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.

There are no comparative fault issues for passengers (you weren’t driving). These cases often settle quickly because liability is clear.

We handle the difficult conversation with your friend or family member 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 their insurance company. The insurance policy still applies. The estate may have assets that can be used to compensate you.

Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle them with sensitivity while protecting your rights.

Palestine, Texas Car Accident Resources

Local Hospitals and Medical Centers

• Palestine Regional Medical Center

  • 2900 S Loop 256, Palestine, TX 75801
  • (903) 731-1000
  • Level III Trauma Center

• UT Health East Texas Palestine Clinic

  • 2900 S Loop 256, Palestine, TX 75801
  • (903) 731-1000

• East Texas Medical Center – Palestine

  • 2900 S Loop 256, Palestine, TX 75801
  • (903) 731-1000

For serious injuries, patients may be transported to:

• Tyler (Level II Trauma Center): UT Health Tyler, CHRISTUS Mother Frances Hospital – Tyler
• Dallas (Level I Trauma Center): Parkland Memorial Hospital, Baylor University Medical Center

Local Law Enforcement

• Palestine Police Department

  • 301 N Mallard St, Palestine, TX 75801
  • (903) 731-8444 (non-emergency)

• Anderson County Sheriff’s Office

  • 703 N Mallard St, Palestine, TX 75801
  • (903) 723-7410 (non-emergency)

• Texas Department of Public Safety (DPS) – Palestine Office

  • 2000 S Loop 256, Palestine, TX 75801
  • (903) 723-9211

Local Courts

• Anderson County Justice of the Peace Courts (for minor claims)

  • Precinct 1: 703 N Mallard St, Palestine, TX 75801
  • Precinct 2: 101 W Main St, Elkhart, TX 75839
  • Precinct 3: 1200 N Link St, Frankston, TX 75763
  • Precinct 4: 101 E Oak St, Palestine, TX 75801

• Anderson County Court at Law

  • 500 N Church St, Palestine, TX 75801
  • (903) 723-7416

• 349th District Court (Civil)

  • 500 N Church St, Palestine, TX 75801
  • (903) 723-7420

Local Towing and Repair Shops

• Anderson County Wrecker Service

  • 24/7 towing and recovery
  • (903) 723-5555

• Palestine Auto Body & Paint

  • 2800 S Loop 256, Palestine, TX 75801
  • (903) 729-1111

• East Texas Collision Center

  • 2300 S Loop 256, Palestine, TX 75801
  • (903) 723-1234

Local Rental Car Companies

• Enterprise Rent-A-Car

  • 2900 S Loop 256, Palestine, TX 75801
  • (903) 723-1234

• Hertz Car Rental

  • 2000 S Loop 256, Palestine, TX 75801
  • (903) 723-5678

Local Legal Resources

• Anderson County Bar Association

  • P.O. Box 1025, Palestine, TX 75802
  • (903) 723-4567

• Texas RioGrande Legal Aid (for low-income individuals)

  • 100 N Church St, Tyler, TX 75702
  • (888) 988-9996

Local Support Groups

• Mothers Against Drunk Driving (MADD) – East Texas

  • Support for victims of drunk driving accidents
  • (877) MADD-HELP

• Brain Injury Association of Texas

  • Support and resources for traumatic brain injury survivors
  • (800) 392-0040

• Spinal Cord Injury Association of Texas

  • Support for spinal cord injury survivors and families
  • (888) 888-2201

Why Palestine, Texas Trusts Attorney911

When you’re injured in a car accident in Palestine, you need a law firm that understands the unique challenges of East Texas. Here’s why our neighbors in Anderson County choose Attorney911:

We Know Palestine and Anderson County

We’re familiar with the roads in Palestine and throughout Anderson County:

• Loop 256 – The busy loop around Palestine with frequent accidents at intersections
• US-79 – The major east-west route through town
• US-84 – The highway connecting Palestine to Fairfield and beyond
• FM 321 – A rural route popular with motorcyclists
• FM 315 – Connecting Palestine to Elkhart and other rural communities
• Main Street – Downtown Palestine’s busy thoroughfare

We know the local courts, the judges, and the insurance adjusters who handle claims in this area. This local knowledge gives us an advantage in building your case.

We Handle the Most Complex Cases

Palestine is home to a mix of urban and rural roads, which means we see a variety of accident types:

• Rear-end collisions on Main Street during rush hour
• Trucking accidents on I-45 and US-79
• Drunk driving accidents, especially on weekends
• Motorcycle accidents on rural roads like FM 321
• Pedestrian accidents in downtown Palestine
• Hit and run accidents, particularly in residential areas

No matter what type of accident you’ve been in, our Palestine car accident lawyers have the experience to handle your case.

We Fight for Maximum Compensation

We don’t just settle for what the insurance company offers. We fight for every dollar you deserve. Our results include:

• Multi-million dollar settlements for catastrophic injuries
• Significant recoveries for clients who suffered amputations
• Compensation for families who lost loved ones in wrongful death accidents
• Justice for victims of drunk driving accidents

We Provide Personal Attention

At Attorney911, you’re not just a case number. You work directly with Ralph Manginello and Lupe Peña, not a team of paralegals. Our clients consistently praise the personal attention they receive:

“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

We’re Available When You Need Us

Car accidents don’t happen on a 9-to-5 schedule. That’s why we’re available 24/7 to take your call. When you dial 1-888-ATTY-911, you’re calling a legal emergency line, not a marketing gimmick.

We Speak Your Language

Lupe Peña is fluent in Spanish, and our staff includes bilingual team members like Zulema. We communicate clearly and compassionately with all our clients, regardless of language.

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

We Don’t Get Paid Unless We Win

We understand that accident victims are already facing medical bills and lost wages. That’s why we work on a contingency fee basis:

• Free initial consultation
• No upfront costs
• We advance all case expenses
• You pay nothing unless we recover money for you

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

Call Attorney911 Today

If you or a loved one has been injured in a car accident in Palestine, Texas, don’t wait. Evidence disappears every day, and insurance companies are already building their case against you.

Call our legal emergency line at 1-888-ATTY-911 for a free consultation. We’ll review your case, explain your rights, and outline your options – with no obligation.

Remember:

• Free consultation – no cost to you
• No fee unless we win – you pay nothing upfront
• We advance all case costs – no financial risk to you
• Hablamos Español – Lupe Peña and our team are fluent in Spanish

Don’t let insurance companies take advantage of you. Call Attorney911 today at 1-888-ATTY-911 and let us fight for the compensation you deserve.

Attorney911 | The Manginello Law Firm, PLLC
Principal Office: Houston, Texas
Serving Palestine and all of Anderson County

Call 24/7: 1-888-ATTY-911 (1-888-288-9911)
Free Consultation • No Fee Unless We Win • Hablamos Español