Motor Vehicle Accident Lawyers in Balch Springs, Texas | Attorney911
If you’ve been injured in a car accident in Balch Springs, Texas, you’re not alone. With over 251,000 people injured in Texas motor vehicle crashes last year – that’s one person every 2 minutes and 5 seconds – our roads are becoming increasingly dangerous. In Balch Springs and across Dallas County, accidents happen daily on I-635, US-175, and local roads like Lake June Road and Seagoville Road. When the unthinkable occurs, you need more than just a lawyer – you need a legal emergency response team that understands both the medical and legal complexities of your situation.
At Attorney911, we’ve been helping accident victims in Balch Springs and throughout Texas for over 25 years. Founded by Ralph Manginello, a Houston native with deep roots in the Memorial area, our firm combines local knowledge with federal court experience to fight for maximum compensation. Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how insurance companies value claims – because he used to calculate them himself. This insider knowledge gives our Balch Springs clients an unfair advantage when negotiating with insurance adjusters.
The Reality of Car Accidents in Balch Springs
Balch Springs sits at a critical intersection of major highways and local roads, creating a perfect storm for accidents. I-635, one of Dallas’s busiest highways, runs along the northern edge of Balch Springs, while US-175 provides a direct route to downtown Dallas. These high-speed corridors, combined with local roads like Lake June Road and Seagoville Road, see frequent collisions, particularly during rush hours and holiday travel periods.
In 2024 alone, Texas experienced:
- 4,150 traffic fatalities
- 251,977 injuries from motor vehicle crashes
- 1 crash every 57 seconds
- 1 fatality every 2 hours and 7 minutes
For Balch Springs residents, these statistics aren’t just numbers – they represent real people whose lives have been forever changed by accidents on our local roads. Whether you were rear-ended on I-635 during your morning commute, T-boned at the intersection of Lake June and Hickory Tree Road, or involved in a multi-vehicle pileup on US-175, the aftermath can be overwhelming.
Common Types of Motor Vehicle Accidents in Balch Springs
Car Accidents (Tier 1 – Most Common)
Car accidents are the most frequent type of motor vehicle collision in Balch Springs. With heavy commuter traffic on I-635 and US-175, rear-end collisions, side-impact crashes, and highway accidents are all too common.
Common causes in Balch Springs:
- Distracted driving (380 deaths in Texas in 2024)
- Speeding on I-635 and US-175
- Failure to yield at intersections like Lake June and Hickory Tree
- Running red lights at major intersections
- Following too closely on congested highways
- DUI/DWI, particularly on weekend nights
Common injuries:
- Whiplash and soft tissue injuries
- Herniated discs (often requiring surgery)
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Internal organ damage
- Psychological trauma and PTSD
Attorney911 Case 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.”
Client Testimonial:
“I was rear-ended and the team got right to work…I also got a very nice settlement.” – MONGO SLADE
If you’ve been injured in a car accident in Balch Springs, call Attorney911 at 1-888-ATTY-911 for a free consultation. We don’t get paid unless we win your case.
18-Wheeler and Trucking Accidents (Tier 1 – Most Dangerous)
Balch Springs’ location near I-635 and US-175 makes it a hotspot for trucking accidents. These massive vehicles, weighing up to 80,000 pounds, create catastrophic damage when they collide with passenger vehicles.
Texas trucking statistics (2024):
- 39,393 commercial motor vehicle crashes
- 608 trucking fatalities
- 1,601 serious injuries
- Texas accounts for 11% of ALL fatal truck crashes nationwide
- 549 fatal truck accidents resulting in 620 deaths
Why trucking accidents are more complex:
- Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
- Higher insurance limits ($750,000 – $5,000,000+ policies)
- Federal regulations (FMCSA) that must be investigated
- Electronic data (ELD/black box) that can be overwritten
- More severe injuries due to size disparity
FMCSA Regulations That Often Get Violated:
- Hours of Service (HOS): Max 11 hours driving after 10 hours off-duty
- 14-hour window: Cannot drive beyond 14th consecutive hour on duty
- 30-minute break: Required after 8 hours driving
- 60/70-hour weekly limits
- Electronic Logging Devices (ELDs) mandatory since 2017
Attorney911’s Trucking Accident Expertise:
Ralph Manginello’s federal court admission to the Southern District of Texas gives us the capability to handle complex trucking cases that often end up in federal court. Our firm was one of the few involved in BP explosion litigation, demonstrating our ability to take on billion-dollar corporations.
“At Attorney911, our personal injury attorneys have helped numerous injured individuals and families facing trucking-related wrongful death cases recover millions of dollars in compensation.”
Recent Texas Trucking Verdicts (Leverage in Negotiations):
- 2024 Oncor Electric: $37.5M verdict (distracted truck driver)
- 2024 New Prime I-35 pileup: $44.1M verdict (6 deaths)
- 2024 Ben E. Keith (Fort Worth): $35M settlement (largest in Fort Worth history)
If you or a loved one has been injured in a trucking accident in Balch Springs, call 1-888-ATTY-911 immediately. Evidence like ELD data can be overwritten in as little as 30 days.
Drunk Driving Accidents (Tier 1 – Preventable Tragedies)
Drunk driving remains one of the most preventable yet devastating causes of accidents in Balch Springs and across Texas. In 2024 alone, alcohol-impaired driving caused 1,053 deaths in Texas – that’s 25.37% of all traffic fatalities.
Texas DUI Statistics:
- 24,000+ DWI-related crashes in 2023
- 1 death every 39 minutes nationally from alcohol-impaired driving
- BAC 0.08%+ = legally intoxicated under Texas Penal Code § 49.04
Dram Shop Liability – Holding Bars Accountable:
Texas law allows victims to sue establishments that served obviously intoxicated patrons who then caused accidents. Under Texas Alcoholic Beverage Code § 2.02, we can hold bars, restaurants, and even liquor stores accountable when they over-serve customers.
Signs of Obvious Intoxication:
- 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 serving alcohol
- Liquor stores
- Event organizers (concerts, festivals)
- Social hosts (limited circumstances in Texas)
Why Drunk Driving Cases Often Settle for More:
- Punitive damages available (gross negligence)
- Multiple defendants (driver + bar/restaurant)
- Criminal case strengthens civil case
- Insurance cannot defend the indefensible
Attorney911’s Criminal Defense Capability:
Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives us unique insight into both the criminal and civil aspects of drunk driving cases. Our firm has successfully handled multiple DWI cases, including:
“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.”
If you’ve been injured by a drunk driver in Balch Springs, call Attorney911 at 1-888-ATTY-911. We’ll investigate every angle, including dram shop liability against the establishment that served the driver.
Motorcycle Accidents (Tier 2 – High Risk)
Motorcycle accidents in Balch Springs often result in catastrophic injuries due to the lack of protection for riders. In 2024, Texas saw 585 motorcyclist fatalities, with 37% of those killed not wearing helmets.
Texas Helmet Law:
- Required for all riders under 21
- Riders 21+ exempt IF: completed safety course OR have $10,000+ medical insurance
- Helmets reduce death risk by 37%
High-Risk Demographics:
- 90%+ of fatal victims are male
- Highest risk age group: 25-44
- Peak crash times: March-October, Friday-Sunday, 3 PM – 9 PM
Common Causes in Balch Springs:
- Failure to yield right of way (most common)
- Driver inattention/distraction
- Unsafe lane changes
- Left-turn accidents (T-bone/head-on)
- Speeding/reckless driving
Comparative Negligence – Insurance Will Blame You:
Texas uses the 51% bar rule, meaning if you’re found 51% or more at fault, you recover nothing. Insurance companies ALWAYS try to blame motorcyclists. Lupe Peña’s experience as a former insurance defense attorney gives us an advantage in countering these arguments.
“Lupe knows which arguments insurance companies use to blame motorcyclists – because he made those arguments for years. Now he defeats them.”
If you’ve been injured in a motorcycle accident in Balch Springs, don’t let insurance blame you. Call Attorney911 at 1-888-ATTY-911 for a free consultation.
Pedestrian Accidents (Tier 2 – Most Vulnerable)
Pedestrian accidents are particularly devastating in Balch Springs, where busy roads like Lake June Road and Seagoville Road intersect with residential areas. In 2024, Texas saw 6,095 pedestrian crashes resulting in 768 fatalities – that’s 19% of all roadway deaths despite making up only 1% of crashes.
Critical Legal Point for Pedestrians:
Pedestrians ALWAYS have the right-of-way at intersections under Texas law – even at unmarked crosswalks. Many drivers don’t know this. “Anytime there’s an intersection of two streets, the distance between them is a crosswalk” – even if unmarked.
Common Pedestrian Injuries:
- Traumatic brain injuries
- Spinal cord injuries
- Broken pelvis and legs
- Internal organ damage
- Fatalities
Houston Area Pedestrian Statistics:
- 119 pedestrians killed on city streets (record high)
- Balch Springs, being part of the Dallas metro area, sees similar risks
If you’ve been struck by a vehicle while walking in Balch Springs, call Attorney911 at 1-888-ATTY-911. We know the law protects pedestrians and will fight for your rights.
Rideshare Accidents (Uber/Lyft) (Tier 2 – Complex Insurance)
Rideshare accidents in Balch Springs present unique challenges due to the complex insurance coverage phases. With Uber and Lyft drivers frequently operating in the area, understanding which insurance applies is critical.
Rideshare Industry Scale:
- 11 billion trips in US since 2010
- 17.4 million Uber trips daily
- 118 million Uber users worldwide
CRITICAL: Rideshare Insurance Phases
| Phase | Driver Status | Coverage Available |
|---|---|---|
| Period 0 – Offline | App off, personal use | Personal insurance only (TX minimum: 30/60/25) |
| Period 1 – Waiting | App on, no ride request | Contingent coverage: $50K/$100K/$25K |
| Period 2 – Accepted | Ride accepted, en route to pickup | Full commercial: $1,000,000 liability |
| Period 3 – Transporting | Passenger in vehicle | Full commercial: $1,000,000 liability |
Why This Matters for Balch Springs Victims:
Insurance coverage varies DRAMATICALLY based on what the driver was doing at the moment of the crash. This complexity is why you need an attorney with rideshare experience.
Who Can Be Injured:
- 21% Riders
- 21% Drivers
- 58% Third parties (other drivers, pedestrians)
Lupe Peña’s Insider Knowledge:
Lupe understands how rideshare insurance works from his time working with insurance companies. He knows how to identify the correct insurance phase and maximize your recovery.
If you’ve been injured in a rideshare accident in Balch Springs, call Attorney911 at 1-888-ATTY-911. We know how to navigate the complex insurance maze.
Hit and Run Accidents (Tier 2 – Evidence Critical)
Hit and run accidents are particularly frustrating for victims in Balch Springs. With someone fleeing the scene every 43 seconds in the US, these cases require immediate action to preserve evidence.
Texas Penalties for Hit and Run (Texas Transportation Code § 550.021):
| Severity | Charge | Penalty |
|---|---|---|
| Death | 2nd Degree Felony | 2-20 years prison, up to $10K fine |
| Serious Bodily Injury | 3rd Degree Felony | 2-10 years prison, up to $10K fine |
| Minor Injury | State Jail Felony | Up to 5 years, up to $5K fine |
| Property Damage ≥$200 | Class B Misdemeanor | Up to 6 months jail, up to $2K fine |
UM/UIM Coverage is Critical:
Your own Uninsured/Underinsured Motorist coverage can compensate you when the at-fault driver is unidentified. Texas allows inter-policy stacking, meaning you may be able to combine multiple UM policies.
Evidence Urgency in Hit and Run Cases:
- Surveillance footage deleted in 7-30 days
- Witnesses disperse quickly
- Physical evidence at scene disappears
- Memories fade
What Attorney911 Does Immediately:
Within 24 hours of being retained, we send preservation letters to:
- All businesses near the accident scene
- Gas stations along the route
- Traffic camera operators
- Any potential witnesses
“Every day you wait, evidence disappears. Surveillance footage from nearby businesses is typically deleted within 7-30 days. Once it’s gone, it’s gone forever.” – Lupe Peña
If you’re the victim of a hit and run in Balch Springs, call Attorney911 at 1-888-ATTY-911 immediately. We’ll act fast to preserve critical evidence.
Tesla and Autopilot Accidents (Tier 2 – Emerging Liability)
As electric vehicles become more common in Balch Springs, accidents involving Tesla’s Autopilot and Full Self-Driving (FSD) systems are increasing. These cases present unique liability challenges.
Notable Tesla Autopilot Crashes:
- May 2016, Williston FL: Joshua Brown killed when Autopilot failed to detect white 18-wheeler
- March 2018, Mountain View CA: Apple engineer Walter Huang killed (settled April 2024)
- August 2025, Miami FL: $240M+ jury verdict against Tesla (landmark case)
Key Liability Arguments in Tesla Cases:
- Tesla marketed FSD/Autopilot as safer than human drivers (mischaracterization)
- Marketing fostered driver overconfidence (overreliance)
- Tesla knew system couldn’t detect emergency vehicles (known defects)
- OTA software updates instead of comprehensive fixes (inadequate recall)
NHTSA Data on Tesla Autopilot:
- Tesla Autopilot accounts for 70% of driver-assist crashes reported to NHTSA
- December 2023: Tesla recalled 2+ million vehicles for Autopilot issues
Common Crash Patterns:
- Tractor-trailer crossings
- Emergency vehicles with lights flashing
- Gore points/barriers
- Driver hands-off situations
Attorney911’s Product Liability Experience:
Ralph Manginello’s federal court admission and experience with complex litigation, including the BP explosion case, gives us the capability to take on Tesla and other major corporations.
If you’ve been injured in a Tesla or other autonomous vehicle accident in Balch Springs, call Attorney911 at 1-888-ATTY-911. These complex cases require specialized legal expertise.
The 48-Hour Evidence Preservation Protocol
After an accident in Balch Springs, evidence begins disappearing immediately. Here’s what you should do in the critical first 48 hours:
Hour 1-6 (Immediate Crisis Response)
✅ Safety First: If you can move safely, get to a secure location away from traffic. On busy roads like I-635 or US-175, this is especially critical.
✅ Call 911: Report the accident and request medical assistance if anyone is injured. Even if you feel fine, request an ambulance – adrenaline masks injuries.
✅ Medical Attention: Get to the nearest emergency room immediately. For Balch Springs residents, this might be:
- Baylor Scott & White Medical Center – Sunnyvale (10 min drive)
- Dallas Regional Medical Center (15 min drive)
- Parkland Memorial Hospital (20 min drive)
✅ Document Everything:
- Take photos of ALL vehicle damage (every angle)
- Photograph the accident scene, road conditions, traffic signals
- Take photos of visible injuries
- Screenshot any messages visible on your phone (do NOT delete anything)
✅ Exchange Information:
- Other driver’s name, phone, address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, color
✅ Witnesses:
- Get names and phone numbers of any witnesses
- Ask if they saw what happened
- Record their statements if possible
✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company
Hour 6-24 (Evidence Preservation)
✅ Digital Preservation:
- Preserve all texts, calls, photos, videos related to the accident
- Do NOT delete anything from your phone
- Screenshot everything relevant
- Email copies to yourself for backup
✅ Physical Evidence:
- Secure damaged clothing, glasses, personal items
- Keep receipts for any expenses (towing, rental car, medications)
- Do NOT repair your vehicle yet – preserve the damage
✅ Medical Records:
- Request copies of all ER/hospital records
- Keep all discharge paperwork
- Follow up with your primary care physician within 24-48 hours
✅ Insurance Communications:
- Note any calls from insurance companies
- Do NOT give recorded statements yet
- Do NOT sign anything
- Do NOT accept any settlement offers
- Say: “I need to speak with my attorney first”
✅ Social Media:
- Make ALL profiles private immediately
- Do NOT post about the accident
- Do NOT post photos of injuries or activities
- Tell friends/family not to tag you in posts
Hour 24-48 (Strategic Decisions)
✅ Legal Consultation:
- Speak with experienced motor vehicle accident attorney
- Call Attorney911: 1-888-ATTY-911 for free consultation
- Have your documentation ready
✅ Insurance Response:
- If insurance contacts you, refer them to your attorney
- Say: “My attorney will be in touch with you”
- Provide only basic information: name, date of accident, that you were involved
✅ Settlement Offers:
- Do NOT accept or sign anything without lawyer review
- Early offers are ALWAYS lowball offers
- You don’t know the extent of your injuries yet
✅ Evidence Backup:
- Upload all screenshots and photos to cloud storage
- Email copies to yourself and family member
- Create written timeline of events while memory is fresh
Week One Priorities
✅ Medical Follow-Up:
- Continue documenting all injuries
- See specialists if recommended
- Follow ALL doctor recommendations (insurance watches for gaps)
- Get written work restrictions if needed
✅ Investigation Begins:
- Attorney obtains police report
- Preservation letters sent to all parties
- Surveillance footage secured before deletion
- Witness statements recorded
✅ Communication:
- Attorney handles ALL insurance communication
- You focus on recovery
- Document any pressure from insurance or other parties
Texas Motor Vehicle Law Framework
Statute of Limitations – The 2-Year Deadline
Texas Civil Practice & Remedies Code § 16.003
| 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 |
Exceptions:
- Discovery Rule: SOL may start later if injury/cause not immediately discoverable
- Defendant Absence: Tolled if defendant leaves Texas
- Mental Incapacity: Tolled during incapacity
CRITICAL: Miss the deadline = case BARRED forever. Cannot be extended or waived.
Comparative Negligence – The 51% Bar Rule
Texas Civil Practice & Remedies Code § 33.001
Texas uses modified comparative negligence with a 51% bar:
- If you are 50% or less at fault → You can recover damages (reduced by your % of fault)
- If you are 51% or more at fault → You recover NOTHING
Examples:
| Your Fault % | Case Value | Your Recovery |
|---|---|---|
| 0% | $100,000 | $100,000 |
| 10% | $100,000 | $90,000 |
| 25% | $250,000 | $187,500 |
| 40% | $500,000 | $300,000 |
| 50% | $500,000 | $250,000 |
| 51% | $500,000 | $0 |
Why This Matters for Balch Springs Accident Victims:
Insurance companies ALWAYS try to assign maximum fault to you to reduce their payment. Even small fault percentages cost you thousands:
- 10% fault on $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
Lupe’s insurance defense experience helps counter their comparative fault arguments because he made these arguments for years – now he defeats them.
Texas Minimum Auto Insurance Requirements (30/60/25)
| Coverage | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Uninsured Motorist Statistics:
- 15.4% of US motorists are uninsured (approximately 1 in 7 drivers)
- UM/UIM coverage is critical for protection
- Texas allows inter-policy stacking
How Insurance Companies Try to Deny Your Claim
At Attorney911, we know how insurance companies operate because Lupe Peña spent years working for them. He understands their tactics from the inside – and now he uses that 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.”
Tactic #1: Quick Contact & Recorded Statement (Days 1-3)
What They Do:
Insurance adjusters contact you IMMEDIATELY – often while you’re:
- Still in the hospital
- On pain medication
- Scared about injuries and financial future
- Confused about the legal process
They Act Friendly and Helpful:
- “We just want to help you”
- “We need to get your side of the story”
- “This is routine, everyone does this”
- “It’ll only take a few minutes”
What They’re Really Doing:
They’re building their defense against you with leading questions:
| Question They Ask | What They Want You to Say |
|---|---|
| “You’re feeling better now though, right?” | Trap you into saying you’re improving |
| “It wasn’t that bad of an impact, was it?” | Minimize collision severity |
| “You were able to walk away from the scene?” | Suggest injuries not serious |
| “Were you distracted at all?” | Get you to admit distraction |
| “How fast were you going?” | Hope you overestimate or say “I don’t know” |
Everything is documented, recorded, transcribed, and WILL be used against you.
The Truth:
- You are NOT required to give recorded statement to OTHER driver’s insurance
- Giving statement without attorney ALMOST ALWAYS hurts your case
- Insurance companies know this – that’s why they push so hard
How Attorney911 Counters:
DO NOT give recorded statement without us.
Once you hire Attorney911:
- We become your voice
- All calls go through us
- You don’t talk to adjusters
- We prepare you properly if statement becomes absolutely necessary
- We sit with you during any statements
We know their questions because Lupe asked them for years.
Tactic #2: Quick Settlement Offer (Weeks 1-3)
What They Do:
Within days or weeks of your Balch Springs accident, insurance offers quick money:
- Typical offers: $2,000-$5,000
- Sometimes $10,000-$15,000 if they’re scared
- Sounds good when you have zero money and mounting bills
They 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 Extent of Your Injuries Yet
| What Happens | Result |
|---|---|
| Day 3: Insurance offers $3,500 “final settlement” | You’re desperate, in pain, scared |
| You sign the release | You think it’s over |
| Week 6: MRI shows herniated disc requiring surgery | Surgery costs $100,000 |
| TOO LATE | You signed release, can’t reopen claim |
| You pay $100,000 out of pocket | Insurance pays nothing more |
RELEASE IS PERMANENT AND FINAL.
How Attorney911 Counters:
NEVER settle before Maximum Medical Improvement (MMI)
- MMI = as good as you’ll get medically
- Could be 6 months, 12 months, 24+ months depending on injuries
- Can’t know true case value until MMI
- We know offers are ALWAYS lowball
- Lupe calculated these lowball offers for years – he KNOWS they’re offering 10-20% of true value
Tactic #3: “Independent” Medical Exam (Months 2-6)
What They Call It:
“Independent Medical Examination” (IME)
What It Really Is:
Insurance Company Hired Doctor to Minimize Your Injuries
How Insurance Companies Choose IME Doctors:
They select doctors based on:
- Who gives insurance-favorable reports (NOT who’s most qualified)
- Doctors who consistently find “no injury” or “pre-existing condition”
- Doctors paid THOUSANDS by insurance companies ($2,000-$5,000 per exam)
- Repeat business = repeat favorable reports
What Happens at IME:
10-15 Minute “Examination”:
- Cursory physical exam (vs. your treating doctor’s thorough evaluation)
- Rarely review your complete medical records beforehand
- Ask questions designed to elicit “I’m feeling better” responses
- Look for ANY reason to minimize injuries
Common IME Doctor Findings:
| What They Say | What It Means |
|---|---|
| “Patient has pre-existing degenerative changes” | Everyone over 40 has some arthritis – used to deny claims |
| “Injuries consistent with minor trauma” | Minimizes your pain and suffering |
| “Patient can return to full duty work” | Eliminates lost wage claims |
| “Treatment has been excessive” | Attacks your treating doctors |
| “Subjective complaints out of proportion to objective findings” | Medical speak for calling you a LIAR |
How Attorney911 Counters:
- We prepare you extensively before exam
- We send complete medical records to IME doctor first (forcing review)
- We challenge biased IME reports with our own medical experts
- Lupe knows these specific doctors and their biases – he hired them for years
“I’ve reviewed hundreds of surveillance videos and social media posts as defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.” – Lupe Peña
Tactic #4: Delay and Financial Pressure (Months 6-12+)
What Insurance Companies Do:
They drag your case out hoping you’ll get desperate:
- “Still investigating your claim”
- “Waiting for medical records” (that we sent months ago)
- “Reviewing your file”
- “Need additional information”
- Ignore calls and emails
- Take weeks to respond to simple questions
Why Delay Works:
Insurance Companies Have:
- Unlimited time
- Unlimited resources
- No financial pressure
- Earning interest on YOUR settlement money while delaying
You Have:
- Mounting bills
- Zero income
- Creditors threatening
- Need money NOW
Financial Desperation Makes You Accept Less:
- Month 1: You’d reject $5,000 offer
- Month 6: You’d seriously consider $5,000
- Month 12: You’d BEG for $5,000 just to end the nightmare
How Attorney911 Counters:
- We file lawsuit to force deadlines
- We set depositions forcing them to produce witnesses
- We prepare for trial showing we’re serious
- Lupe understands delay tactics because he used them – knows when to push
Tactic #5: Surveillance & Social Media Monitoring
What Insurance Companies Do:
They hire private investigators to:
- Video you doing daily activities
- Film from public places (your driveway, street, stores)
- Follow you to appointments, errands, social activities
- Look for ANY activity contradicting injury claims
- One video of you bending over = “Not really injured”
They Monitor ALL Your Social Media:
- Facebook, Instagram, TikTok, LinkedIn, Twitter, YouTube, Snapchat
- Screenshot EVERYTHING: photos, posts, check-ins, comments, likes
- Monitor your friends’ profiles for posts mentioning you
- Use facial recognition to find photos you’re tagged in
- Archive your entire social media history
Examples We’ve Defended:
| Example | What Happened | Insurance Claimed | Reality |
|---|---|---|---|
| Old Photo | Gym photo from 3 YEARS AGO | Presented as recent, contradicts injury | We proved metadata was pre-accident |
| Restaurant Check-in | Facebook check-in at restaurant | “Partying and having fun” | Sitting quietly having dinner |
| Friend’s Comment | Friend posted “Had fun yesterday!” | Evidence of non-injury | Client was resting at home |
| Walking Dog | Video of client walking dog slowly | “Not disabled” | Doctor RECOMMENDED short walks |
| Smiling in Photo | Family photo smiling | “Not in pain – she’s smiling!” | Everyone smiles for photos |
7 Rules for Balch Springs Clients:
- Make ALL profiles private immediately
- DON’T post about accident, injuries, activities, emotions, case
- DON’T check in anywhere
- Tell friends/family: don’t tag, don’t post about you
- Don’t accept friend requests from strangers (fake profiles)
- BEST: Stay off social media entirely during case
- Assume EVERYTHING is being monitored
Tactic #6: Comparative Fault Arguments
What Insurance Companies 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 51% Bar Rule Means:
- If you’re 51%+ at fault → You get NOTHING
- If you’re 50% or less at fault → Your damages reduced by your percentage
Even Small Fault Percentages Cost Thousands:
- 10% fault on $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
How Attorney911 Counters:
Aggressive Liability Investigation:
- Accident reconstruction proving other driver’s fault
- Witness statements supporting your version
- Police report analysis emphasizing citations
- Expert testimony on perception-reaction time
Lupe knows their fault arguments because he made them for years – now he defeats them.
How Colossus Software Really Values Your Claim
Most people don’t know that insurance companies use sophisticated software called Colossus to calculate the minimum they can pay you. Lupe Peña knows this system intimately because he used it when he worked for insurance companies.
How Colossus Works:
| Step | What Happens |
|---|---|
| 1. Data Entry | Adjuster inputs injury codes, treatment, costs, jurisdiction |
| 2. Coding | Injuries coded using standardized medical terms |
| 3. Calculation | Software applies algorithms to determine “value” |
| 4. Range Output | System provides recommended settlement range |
| 5. Authority | Adjuster typically cannot exceed without supervisor approval |
How Insurance Manipulates Colossus:
| Manipulation | Effect |
|---|---|
| Low Injury Codes | “Soft tissue strain” instead of “disc herniation” reduces value 50-100% |
| Excessive Treatment Flags | Therapy beyond “normal” range triggers reduction |
| Conservative Treatment Penalty | Chiropractic valued less than MD |
| Pre-Existing Reduction | Any prior condition used to reduce value |
| Jurisdiction Factor | Low-verdict counties get lower values |
Why Lupe’s Experience Matters:
- Knows how to code injuries properly for maximum value
- Knows which medical terms trigger higher valuations
- Knows when Colossus output is artificially low
- Knows how to present records to beat the algorithm
- Worked with these systems for years as defense attorney
Reserve Setting – The Hidden Leverage:
Insurance companies set “reserves” – money they set aside for your claim based on worst-case scenario. These reserves determine how much they can offer.
How We Increase Reserves:
- Hiring experts (shows we’re investing in case)
- Taking depositions (creating litigation expense)
- Filing lawsuit (forces trial evaluation)
- Preparing for trial (shows we won’t back down)
Lupe understands reserve psychology and settlement authority limits – this is a GAME-CHANGING advantage for our Balch Springs clients.
Types of Compensation You Can Recover
Economic Damages (No Cap in Texas):
| Damage Type | What It Covers |
|---|---|
| Medical Expenses (Past) | ER, hospital, surgery, doctors, physical therapy, medications, medical equipment |
| Medical Expenses (Future) | Ongoing treatment, future surgeries, lifetime medications, long-term care |
| Lost Wages (Past) | Income lost from date of accident to present |
| Lost Earning Capacity (Future) | Reduced ability to earn income in the future |
| Property Damage | Vehicle repair or replacement, personal property |
| Out-of-Pocket Expenses | Transportation to medical appointments, home modifications, household help |
Non-Economic Damages (No Cap Except Medical Malpractice):
| Damage Type | What It Covers |
|---|---|
| Pain and Suffering | Physical pain from injuries, both past and future |
| Mental Anguish | Emotional distress, anxiety, depression, fear, PTSD |
| Physical Impairment | Loss of physical function, disability, limitations |
| Disfigurement | Scarring, permanent visible injuries affecting appearance |
| Loss of Consortium | Impact on marriage/family relationships, loss of companionship |
| Loss of Enjoyment of Life | Inability to participate in activities you previously enjoyed |
Punitive/Exemplary Damages (Capped in Texas):
- 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)
- Purpose: Punish defendant and deter similar conduct
Settlement Ranges by Injury Type
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 can’t return to physical 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 – Why Insurance Companies Fear Attorney911
Insurance companies fear nuclear verdicts – jury awards exceeding $10 million. This fear 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 This Matters for Balch Springs Victims:
Attorney911’s trial readiness and multi-million dollar track record give us leverage in every negotiation. Insurance companies know we’re not bluffing.
Why Choose Attorney911 for Your Balch Springs 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.”
What This Means for Your Case:
- We know their tactics because Lupe used them
- We anticipate their strategies before they deploy them
- We know how they value claims internally
- We know which IME doctors they favor
- We know how to beat their algorithms
- We speak their language
No other firm in Balch Springs has this advantage.
2. Multi-Million Dollar Results
Attorney911 has recovered millions for victims of:
- Brain injuries: “Multi-million dollar settlement for client who suffered brain injury with vision loss”
- Amputations: “This case settled in the millions”
- Trucking wrongful death: “Recovered millions of dollars in compensation”
- Maritime injuries: “Significant cash settlement”
Our results prove we don’t settle cheap.
3. Federal Court Experience
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas.
Why This Matters:
- Complex cases often end up in federal court
- FMCSA trucking regulations are federal
- Diversity jurisdiction 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”
4. Personal Attention
What Clients Say:
“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
“You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.” – Chad Harris
You work directly with Ralph or Lupe, not a case manager assembly line.
5. Contingency Fee – No Risk
“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
What Our Balch Springs Clients Say
Personal Communication & Care
“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
“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
Case Results & Speed
“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
“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles
Taken When Others Wouldn’t
“In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” – Greg Garcia
“Leonor is absolutely phenomenal. She truly cares about her clients.” – Madison Wallace
“Ralph Manginello took his bogus case and had it dismissed within a WEEK! I have been trying for over 2 years.” – Beth Bonds
Spanish Language Services
“The support provided at Manginello Law Firm was excellent…They worked hard to do their best.” – Maria Ramirez
“Especially Miss Zulema, who is always very kind and always translates.” – Celia Dominguez
“They solved in a couple of months what others did nothing about in two years.” – Angel Walle
Ralph’s Personal Involvement
“Attorney Manginello is so knowledgeable but straight to the point…responded quickly even while he was away.” – S M
“He listened intently heard my concerns and issues and immediately began working to protect my rights.” – Ken Taylor
“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
Overall Excellence
“Best lawyers in the city…fast return..and they really care about their clients.” – Dean Jones
“Very professional and got good results.” – Monty Cazier
“Mr. Manginello got us a nice result in my wife’s injury.” – Bill Spragg
“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
Frequently Asked Questions About Balch Springs Accidents
Immediate After Accident
1. What should I do immediately after a car accident in Balch Springs?
If you’ve been in an accident in Balch Springs:
- Call 911 and report the accident
- Seek medical attention even if you feel fine (adrenaline masks injuries)
- Document everything: photos of damage, injuries, scene
- Exchange information with other driver
- Get witness names and phone numbers
- Do NOT give recorded statement to any insurance company
- Call Attorney911: 1-888-ATTY-911
2. Should I call the police even for a minor accident?
Yes. Always call police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.
3. Should I seek medical attention if I don’t feel hurt?
ABSOLUTELY. Many serious injuries don’t show symptoms immediately:
- Traumatic brain injuries can take days to manifest
- Internal bleeding may not be obvious
- Herniated discs may not cause pain for weeks
- Adrenaline masks pain at the scene
Insurance companies use delays in treatment against you. Get checked immediately at:
- Baylor Scott & White Medical Center – Sunnyvale
- Dallas Regional Medical Center
- Parkland Memorial Hospital
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 Balch Springs, you can obtain the police report from the Balch Springs Police Department or through the Texas Department of Transportation’s Crash Records Information System (CRIS).
Dealing with Insurance
7. Should I give a recorded statement to insurance?
To the other driver’s insurance: NO. Not without an attorney.
To your own insurance: You have a duty to cooperate, but call Attorney911 first. We can advise you.
8. What if the other driver’s insurance contacts me?
Say: “I need to speak with my attorney first.” Give only basic information (name, date of accident). Do NOT give recorded statement. Do NOT discuss injuries or fault.
9. Do I have to accept the insurance company’s estimate?
No. Their estimate is just an offer. It’s usually far below actual value. Attorney911 fights for what your case is really worth.
10. Should I accept a quick settlement offer?
NEVER accept settlement before knowing full extent of injuries. Once you sign a release, you cannot get more money even if you need surgery later.
11. What if the other driver is uninsured/underinsured?
Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8
12. Why does insurance want me to sign a medical authorization?
They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.
Legal Process
13. Do I have a personal injury case?
You may have a case if:
- Someone else was at fault (even partially)
- You suffered injuries or damages
- There is insurance to recover from
Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims
14. When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911: 1-888-ATTY-911
15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from date of accident for personal injury, 2 years from date of death for wrongful death. Miss it = case barred forever.
16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51%+ at fault, you get nothing.
Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4
17. What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.
18. Will my case go to trial?
Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.
Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc
19. How long will my case take to settle?
Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.
20. What is the legal process step-by-step?
- Investigation and evidence gathering
- Medical treatment to MMI
- Demand letter to insurance
- Negotiation
- Lawsuit if necessary
- Discovery
- Mediation
- Trial if needed
Watch our video: “What Is the Process for a Personal Injury Claim?” at https://www.youtube.com/watch?v=XwzYymneDVs
Compensation
21. What is my case worth?
Depends on: injury severity, medical costs, lost wages, permanent impairment, pain and suffering, insurance available. Cases range from $15,000 (soft tissue) to millions (catastrophic injury).
22. What types of damages can I recover?
- Medical expenses (past and future)
- Lost wages and earning capacity
- Pain and suffering
- Mental anguish
- Physical impairment
- Disfigurement
- Loss of enjoyment of life
- Property damage
23. Can I get compensation for pain and suffering?
Yes. Pain and suffering is a significant component of personal injury cases in Texas. There is NO CAP on pain and suffering (except medical malpractice).
24. What if I have a pre-existing condition?
You can still recover if the accident aggravated or worsened your pre-existing condition. This is called the “eggshell plaintiff” rule.
25. Will I have to pay taxes on my settlement?
Generally, compensation for physical injuries is NOT taxable. Punitive damages ARE taxable. Consult a tax professional.
26. How is the value of my claim determined?
Based on: medical bills, future treatment costs, lost income, permanent impairment rating, comparable verdicts, severity of injuries, impact on daily life.
Attorney Relationship
27. How much do car accident lawyers cost?
Attorney911 works on contingency: 33.33% before trial, 40% if trial. You pay nothing upfront. We don’t get paid unless we win.
Watch our video: “How Do Contingency Fees Work?” at https://www.youtube.com/watch?v=upcI_j6F7Nc
28. What does “no fee unless we win” mean?
You pay zero unless we recover money for you. If we don’t win, you owe us nothing. We advance all case costs.
29. How often will I get updates?
Attorney911 provides regular updates. As client Dame Haskett said: “Consistent communication and not one time did i call and not get a clear answer.”
30. Who will actually handle my case?
At Attorney911, you work directly with Ralph Manginello and Lupe Peña, not just paralegals. As Chad Harris said: “You are NOT just some client…You are FAMILY to them.”
31. What if I already hired another attorney?
You can switch. As client Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Mistakes to Avoid
32. What common mistakes can hurt my case?
- Giving recorded statement without attorney
- Accepting quick settlement
- Delaying medical treatment
- Gaps in treatment
- Posting on social media
- Signing releases or authorizations
- Not documenting everything
Watch our video: “Client Mistakes That Can Ruin Your Case” at https://www.youtube.com/watch?v=r3IYsoxOSxY
33. Should I post about my accident on social media?
NO. Make all profiles private. Don’t post about accident, injuries, or activities. Insurance monitors everything.
34. Why shouldn’t I sign anything without a lawyer?
Releases are PERMANENT. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.
35. What if I didn’t see a doctor right away?
See one NOW. Explain you didn’t realize severity of injuries. Delayed symptoms are common. We can still help.
Additional Common Questions
36. What if I have a pre-existing condition?
You can still recover. If the accident AGGRAVATED your pre-existing condition, you’re entitled to compensation for the aggravation. “Eggshell plaintiff” rule: Defendant takes victim as they find them. Example: You had mild occasional back pain. Accident caused herniated disc requiring surgery. You recover for the NEW injury, not just the pre-existing pain. We hire medical experts to prove the difference. Lupe knows how insurance attacks pre-existing conditions—he used this defense for years.
37. Can I switch attorneys if I’m unhappy with my current lawyer?
YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch. Attorney911 has taken over many cases from other attorneys. As Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.” Call 1-888-ATTY-911 to discuss switching.
38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist claims are against YOUR insurance when 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 multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering. Multiplier depends on: injury severity, permanency, impact on life, clear liability. Example: $100,000 medical × 4 multiplier = $400,000 pain & suffering. Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for detailed breakdown.
40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply. These cases are complex—you need experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—6-month deadline is strict.
41. What if the other driver fled the scene (hit and run)?
File police report immediately (hit and run is criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL—gas stations, businesses, Ring doorbells, traffic cameras. Most footage deleted 7-30 days. We send preservation letters immediately. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.
42. What if I’m an undocumented immigrant—can I still file a claim?
YES. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses. Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.
43. What if the accident happened in a parking lot?
Parking lot accidents are fully compensable. Insurance companies love to argue “parking lot accidents are always 50/50 fault” (LIE). We prove fault through: surveillance video, witness statements, damage analysis, traffic patterns. Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.
44. What if I was a passenger in the at-fault vehicle?
You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. Driver’s insurance covers passengers. No comparative fault issues (you weren’t driving). These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.
45. What if the other driver died in the accident?
You can still pursue claim against deceased driver’s estate and insurance. Death doesn’t eliminate liability. Insurance policy still applies. Estate may have assets. Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle with sensitivity while protecting your rights.
Balch Springs-Specific Legal Resources
Local Hospitals and Trauma Centers:
- Baylor Scott & White Medical Center – Sunnyvale (Level III Trauma Center)
- Dallas Regional Medical Center (Level IV Trauma Center)
- Parkland Memorial Hospital (Level I Trauma Center, Dallas)
- Methodist Dallas Medical Center (Level I Trauma Center, Dallas)
Local Courts Serving Balch Springs:
- Dallas County Civil Courts (for personal injury cases)
- Dallas County District Courts (for serious injury and wrongful death cases)
- Balch Springs Municipal Court (for traffic citations)
- U.S. District Court, Northern District of Texas (for federal cases)
Dangerous Intersections in Balch Springs:
- Lake June Road and Hickory Tree Road – High volume of side-impact collisions
- Seagoville Road and Lake June Road – Poor visibility and high-speed traffic
- I-635 and Lake June Road – Highway on/off ramp congestion
- US-175 and Elam Road – Heavy truck traffic from nearby industrial areas
Local Employers and Industries:
- Education: Dallas Independent School District, Balch Springs Middle School
- Manufacturing: Various industrial facilities along I-635
- Retail: Walmart, local shopping centers
- Healthcare: Baylor Scott & White clinics
- Transportation: Trucking companies serving the Dallas metro area
What to Do After a Balch Springs Accident – Immediate Checklist
✅ Safety First: Move to a safe location away from traffic. On highways like I-635, this is critical.
✅ Call 911: Report the accident and request medical assistance if anyone is injured.
✅ Medical Attention: Get to the nearest emergency room immediately. For Balch Springs residents, this might be:
- Baylor Scott & White Medical Center – Sunnyvale
- Dallas Regional Medical Center
- Parkland Memorial Hospital
✅ Document Everything:
- Take photos of ALL vehicle damage (every angle)
- Photograph the accident scene, road conditions, traffic signals
- Take photos of visible injuries
- Screenshot any messages visible on your phone
✅ Exchange Information:
- Other driver’s name, phone, address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, color
✅ Witnesses:
- Get names and phone numbers of any witnesses
- Ask if they saw what happened
- Record their statements if possible
✅ Police Report: Ensure police are called to the scene and obtain the report number.
✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company.
Why Balch Springs Residents Choose Attorney911
Balch Springs is a unique community with its own challenges and needs. As part of the Dallas metro area, our residents face heavy commuter traffic on I-635 and US-175, while also dealing with local roads that see everything from daily commutes to truck traffic from nearby industrial areas.
At Attorney911, we understand the specific needs of Balch Springs residents because:
- We know the local courts and judges who handle personal injury cases
- We’re familiar with the insurance adjusters who work in this area
- We understand the traffic patterns on I-635, US-175, and local roads
- We know the local hospitals and medical providers
- We understand the economic realities facing Balch Springs families
But more importantly, we bring something no other firm can match: Lupe Peña’s insider knowledge of how insurance companies operate. Having a former insurance defense attorney on your side means you don’t have to face the insurance company alone.
The Attorney911 Difference for Balch Springs Accident Victims
1. We Know the Insurance Playbook Because We Wrote It
Lupe Peña spent years working for insurance companies, learning their tactics from the inside. He knows:
- How they calculate settlement values
- Which doctors they send you to for “independent” medical exams
- How they use surveillance to undermine your claim
- When they’re bluffing about policy limits
- How to counter their comparative fault arguments
“I’ve reviewed hundreds of surveillance videos and social media posts as defense attorney. Here’s the truth: Insurance companies take innocent activity out of context. They freeze ONE frame of you moving ‘normally’ and ignore the 10 minutes of you struggling before and after. They’re not documenting your life – they’re building ammunition against you.” – Lupe Peña
2. We Don’t Settle Cheap – Our Results Prove It
While other firms might push you to accept a quick settlement, we fight for what your case is really worth. Our documented results include:
- Multi-million dollar settlement for brain injury with vision loss
- Case settling in the millions for car accident amputation
- Millions recovered in trucking wrongful death cases
- Significant cash settlement for maritime back injury
3. We Handle the Complex Cases Others Won’t Touch
From Tesla Autopilot accidents to Amazon delivery vehicle crashes, we handle the complex cases that other firms shy away from. Ralph Manginello’s federal court admission and experience with complex litigation, including the BP explosion case, gives us the capability to take on major corporations.
4. We’re Part of Your Community
Attorney911 isn’t just another law firm – we’re part of the Texas community. Founded by Houston native Ralph Manginello, we understand the values and needs of Texas families. We’re proud to serve Balch Springs and the surrounding Dallas County area.
5. We Make the Process Easy for You
After an accident, the last thing you need is more stress. That’s why we:
- Handle all communication with insurance companies
- Coordinate your medical treatment
- Gather evidence and build your case
- Fight for maximum compensation
- Keep you informed every step of the way
“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
Contact Attorney911 Today
If you’ve been injured in a motor vehicle accident in Balch Springs, Texas, don’t wait. Evidence disappears daily, and insurance companies are already building their case against you.
Call Attorney911 at 1-888-ATTY-911 for a free, no-obligation consultation. We don’t get paid unless we win your case.
The Manginello Law Firm, PLLC
Attorney911
1-888-ATTY-911 (1-888-288-9911)
Se habla español – Hablamos Español
Serving Balch Springs and all of Dallas County, Texas
Remember: Every day you wait, evidence disappears. Surveillance footage from nearby businesses is typically deleted within 7-30 days. Once it’s gone, it’s gone forever. Call Attorney911 NOW at 1-888-ATTY-911.

