Motor Vehicle Accident Lawyers in Weston Lakes, Texas
If you’ve been injured in a car accident in Weston Lakes, Texas, you’re not alone. With over 251,977 people injured in Texas motor vehicle crashes in 2024 alone, accidents happen every 57 seconds across our state. In Fort Bend County and the greater Houston area, including Weston Lakes, these incidents can turn your life upside down in an instant. At Attorney911, we understand the physical, emotional, and financial toll a serious accident can take on you and your family. That’s why we’re here to fight for the maximum compensation you deserve.
Ralph Manginello, our founding attorney with over 25 years of experience, has built a team that includes former insurance defense attorney Lupe Peña. This unique combination of expertise means we know exactly how insurance companies operate – because we’ve worked on their side. Now, we use that insider knowledge to fight for accident victims like you. Whether you’ve been injured in a car crash on FM 1093, a trucking accident on I-10, or any other motor vehicle incident in Weston Lakes, we’re here to help.
The Reality of Car Accidents in Weston Lakes
Weston Lakes and the surrounding Fort Bend County area see their share of serious motor vehicle accidents. With major thoroughfares like FM 1093, FM 1463, and Grand Parkway (SH 99) running through the area, our community faces unique traffic challenges. The mix of residential areas, commercial developments, and commuter traffic creates a dangerous environment where accidents can happen in an instant.
In Texas, we see:
- 1 crash every 57 seconds
- 1 person injured every 2 minutes and 5 seconds
- 4,150 fatalities in 2024 alone
These aren’t just statistics – they represent real people whose lives have been changed forever. If you or a loved one has been injured in an accident in Weston Lakes, you need experienced legal representation to protect your rights and secure the compensation you deserve.
Common Types of Motor Vehicle Accidents in Weston Lakes
Car Accidents (Tier 1 – Most Common)
Car accidents are the most frequent type of motor vehicle incident we handle in Weston Lakes. Whether it’s a rear-end collision on FM 1093 during rush hour, a T-bone accident at the intersection of FM 1463 and Park Road, or a single-vehicle crash on Grand Parkway, these incidents can cause serious injuries.
Common causes of car accidents in Weston Lakes:
- Distracted driving (texting, phone use, eating)
- Speeding on residential streets and highways
- Failure to yield at intersections
- Running red lights or stop signs
- Following too closely (tailgating)
- Drunk or drugged driving
- Poor weather conditions (rain, fog)
- Vehicle defects or maintenance issues
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 and PTSD
At Attorney911, we’ve seen firsthand how even seemingly minor accidents can lead to serious complications. In a recent case, our client’s leg was injured in a car accident. What initially seemed like a manageable injury developed complications during treatment, leading to a partial amputation. This case settled in the millions, demonstrating our commitment to fighting for maximum compensation even when injuries become more severe than initially apparent.
“Leonor got me into the doctor the same day…it only took 6 months amazing.” – Chavodrian Miles
18-Wheeler and Trucking Accidents (Tier 1 – Most Dangerous)
Weston Lakes sits near major trucking corridors, including I-10 and Grand Parkway (SH 99). These highways see heavy commercial traffic, putting local residents at risk of catastrophic trucking accidents. The size and weight disparity between passenger vehicles and commercial trucks means these accidents often result in life-altering injuries or fatalities.
Texas trucking accident statistics (2024):
- 39,393 commercial motor vehicle crashes in Texas
- 608 trucking fatalities
- 1,601 serious injuries
- Texas accounts for 11% of ALL fatal truck crashes nationwide
- 549 fatal truck accidents resulted in 620 deaths
Why trucking accidents are more complex:
- Multiple liable parties (driver, trucking company, cargo loader, manufacturer)
- Federal regulations (FMCSA) govern commercial trucking
- Higher insurance limits ($750,000 to $5,000,000+ policies)
- Electronic Logging Device (ELD) data is critical evidence
- Black box/EDR data can be overwritten if not preserved quickly
Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas, which is crucial for handling complex trucking cases that often end up in federal court. Our firm’s involvement in BP explosion litigation demonstrates our capability to take on massive corporations and secure substantial settlements.
“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.”
Drunk Driving Accidents (Tier 1 – Preventable Tragedies)
Drunk driving remains a serious problem in Texas, including in Weston Lakes and Fort Bend County. These completely preventable accidents often result in catastrophic injuries or wrongful death.
Texas drunk driving statistics (2024):
- 1,053 alcohol-impaired driving deaths (25.37% of all fatalities)
- 24,000+ DWI-related crashes
- 1 death every 39 minutes nationally from alcohol-impaired driving
Texas Dram Shop Law (TABC § 2.02):
Texas holds establishments liable when they serve alcohol to obviously intoxicated individuals who then cause accidents. This means bars, restaurants, and even social hosts can be held responsible in certain circumstances.
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 (in limited circumstances)
Ralph Manginello’s membership in the Harris County Criminal Lawyers Association (HCCLA) gives us unique capability in handling drunk driving cases that involve both civil and criminal components. We’ve successfully had multiple DWI cases dismissed, demonstrating our investigation skills:
- Breathalyzer case: Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed.
- Missing evidence case: We learned that police conducted no breath or blood test, EMS didn’t note intoxication, and nurse notes from the hospital were missing. The case was dismissed on the day of trial.
- Video evidence case: The state’s primary evidence was a video field sobriety test. We succeeded in having the case dismissed because our client did not appear drunk in the video.
Motorcycle Accidents (Tier 2 – High Risk)
Motorcycle accidents in Weston Lakes and Fort Bend County often result in severe injuries due to the lack of protection for riders. With scenic routes like FM 1463 and FM 1093 attracting motorcyclists, our area sees its share of these dangerous incidents.
Texas motorcycle statistics (2024):
- 585 motorcyclist fatalities
- 37% of those killed were NOT wearing helmets
- 90%+ of fatal victims are male
- Helmets reduce death risk by 37%
Texas helmet law:
- Required for all riders under 21
- Riders 21+ exempt IF they’ve completed a safety course OR have $10,000+ medical insurance
High-risk demographics:
- Ages 25-44: Highest risk group
- Ages 50+: Growing percentage of serious/fatal victims
- Younger riders: More high-risk behavior (speeding, no helmet)
- Older riders: Slower reflexes increase injury severity
Common causes of motorcycle accidents:
- Failure to yield right of way (most common)
- Driver inattention/distraction
- Unsafe lane changes
- Left-turn accidents (T-bone/head-on)
- Speeding/reckless driving
Texas 51% comparative fault rule is particularly important for motorcyclists. Insurance companies often try to blame riders for accidents, even when the other driver was clearly at fault. Lupe Peña’s experience working for insurance companies gives us an advantage in countering these unfair arguments.
Pedestrian Accidents (Tier 2 – Vulnerable Road Users)
Pedestrian accidents in Weston Lakes can be particularly devastating. With growing commercial areas along FM 1093 and residential neighborhoods with children and seniors, our community faces unique pedestrian safety challenges.
Texas pedestrian statistics (2024):
- 6,095 pedestrian crashes
- 768 pedestrian fatalities
- Pedestrians account for 1% of crashes but 19% of ALL roadway deaths
- Houston: 119 pedestrians killed on city streets (record high)
Critical legal point for pedestrians:
Pedestrians ALWAYS have the right-of-way at intersections in Texas, even at unmarked crosswalks. Many drivers don’t know this, and insurance companies won’t tell you. “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
Rideshare Accidents (Uber/Lyft) (Tier 2 – Complex Insurance)
Rideshare services like Uber and Lyft have become common in Weston Lakes and the greater Houston area. While convenient, these services create complex insurance situations when accidents occur.
Rideshare industry scale (2024):
- 11 billion trips in the 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: $30K/$60K/$25K) |
| Period 1 – Waiting | App on, no ride request | Contingent coverage: $50K/$100K/$25K |
| Period 2 – Accepted | Ride accepted, en route to pickup | Full commercial: $1,000,000 liability |
| Period 3 – Transporting | Passenger in vehicle | Full commercial: $1,000,000 liability |
Why this matters:
Insurance coverage varies DRAMATICALLY based on what the driver was doing at the moment of the crash. This complexity often leads to disputes about which policy applies. Lupe Peña’s insurance expertise helps navigate this maze.
Who can be injured in rideshare accidents:
- 21% Riders
- 21% Drivers
- 58% Third parties (other drivers, pedestrians, passengers in other vehicles)
What to Do Immediately After an Accident in Weston Lakes
The 48-Hour Evidence Preservation Protocol
If you’ve been injured in an accident in Weston Lakes, what you do in the first 48 hours can make or break your case. Evidence disappears quickly, and insurance companies start building their defense against you immediately.
HOUR 1-6 (IMMEDIATE CRISIS):
✅ Safety First: If you can move safely, get to a secure location away from traffic
✅ Call 911: Report the accident, request medical assistance if anyone is injured
✅ Medical Attention: If injured, get to the ER immediately. Adrenaline masks injuries – you may be hurt and not know it yet
✅ Document Everything:
- Take photos of ALL vehicle damage (every angle)
- Photograph the accident scene, road conditions, traffic signals
- Take photos of visible injuries
- Screenshot any messages visible on your phone (do NOT delete anything)
✅ Exchange Information:
- Other driver’s name, phone, address
- Insurance company and policy number
- Driver’s license number
- License plate number
- Vehicle make, model, color
✅ Witnesses:
- Get names and phone numbers of any witnesses
- Ask if they saw what happened
- Record their statements if possible
✅ Call Attorney911: 1-888-ATTY-911 for immediate legal guidance before speaking to ANY insurance company
HOUR 6-24 (EVIDENCE PRESERVATION):
✅ Digital Preservation:
- Preserve all texts, calls, photos, videos related to the accident
- Do NOT delete anything from your phone
- Screenshot everything relevant
- Email copies to yourself for backup
✅ Physical Evidence:
- Secure damaged clothing, glasses, personal items
- Keep receipts for any expenses (towing, rental car, medications)
- Do NOT repair your vehicle yet – preserve the damage
✅ Medical Records:
- Request copies of all ER/hospital records
- Keep all discharge paperwork
- Follow up with your primary care physician within 24-48 hours
✅ Insurance Communications:
- Note any calls from insurance companies
- Do NOT give recorded statements yet
- Do NOT sign anything
- Do NOT accept any settlement offers
- Say: “I need to speak with my attorney first”
✅ Social Media:
- Make ALL profiles private immediately
- Do NOT post about the accident
- Do NOT post photos of injuries or activities
- Tell friends/family not to tag you in posts
HOUR 24-48 (STRATEGIC DECISIONS):
✅ Legal Consultation:
- Speak with experienced motor vehicle accident attorney
- Call Attorney911: 1-888-ATTY-911 for free consultation
- Have your documentation ready
✅ Insurance Response:
- If insurance contacts you, refer them to your attorney
- Say: “My attorney will be in touch with you”
- Provide only basic information: name, date of accident, that you were involved
✅ Settlement Offers:
- Do NOT accept or sign anything without lawyer review
- Early offers are ALWAYS lowball offers
- You don’t know extent of your injuries yet
✅ Evidence Backup:
- Upload all screenshots and photos to cloud storage
- Email copies to yourself and family member
- Create written timeline of events while memory is fresh
Evidence Deterioration Timeline – Why Time is Critical
| Timeframe | What Disappears | Why It Matters |
|---|---|---|
| Day 1-7 | Witness memories fade, accident scene cleaned | Details become uncertain, evidence lost |
| Day 7-30 | Surveillance footage deleted (gas stations: 7-14 days, retail: 30 days) | Critical video evidence gone forever |
| Month 1-2 | Insurance companies solidify defense, adjusters build case against you | Settlement positions harden |
| Month 2-6 | Trucking ELD/black box data overwritten (30-180 days) | Electronic evidence critical for trucking cases |
| Month 6-12 | Witnesses become unreachable, memories degrade | Evidence becomes weaker |
| Month 12-24 | Approaching statute of limitations deadline | Pressure to settle increases |
What Attorney911 Does Within 24 Hours:
We send preservation letters to ALL parties:
- Other driver and their insurance company
- Trucking companies (for commercial vehicle accidents)
- Businesses near the scene (for surveillance footage)
- Employers (if work-related)
- Property owners (for security camera footage)
- Government entities (for traffic camera footage)
- Vehicle manufacturers (for black box/EDR data)
These letters LEGALLY REQUIRE evidence preservation before automatic deletion.
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 |
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:
Insurance companies ALWAYS try to assign maximum fault to you to reduce their payment. Even small fault percentages cost you thousands:
- 10% fault on $100,000 case = $10,000 less for you
- 25% fault on $250,000 case = $62,500 less for you
- 40% fault on $500,000 case = $200,000 less for you
Lupe Peña’s insurance defense experience helps counter these arguments. He knows exactly how insurance companies try to shift blame because he made these arguments for years – now he defeats them.
Texas Minimum Auto Insurance Requirements
| Coverage | Minimum Required |
|---|---|
| Bodily Injury – Per Person | $30,000 |
| Bodily Injury – Per Accident | $60,000 |
| Property Damage – Per Accident | $25,000 |
Uninsured Motorist Statistics:
- 15.4% of US motorists are uninsured (approximately 1 in 7 drivers)
- UM/UIM coverage is critical for protection
- Texas allows inter-policy stacking
Proving Liability in Weston Lakes Accidents
To win your case, we must prove four elements of negligence:
1. DUTY OF CARE
- All drivers have a legal duty to operate their vehicles safely
- Must obey traffic laws, maintain proper lookout, control speed
- Commercial drivers have heightened duty (FMCSA regulations)
2. BREACH OF DUTY
- The at-fault driver violated their duty of care
- Examples: speeding, running red light, texting, DUI, failing to yield
3. CAUSATION
- The breach of duty DIRECTLY caused your injuries
- “But for” test: But for the defendant’s actions, you would not have been injured
- Injuries must be foreseeable result of negligent conduct
4. DAMAGES
- You suffered actual harm (physical, financial, emotional)
- Must be quantifiable or demonstrable
- Medical bills, lost wages, pain and suffering
Types of Evidence We Use:
Physical Evidence:
- Vehicle damage photographs (all angles)
- Skid marks, debris, road damage
- Damaged personal property (clothing, glasses, phone)
- Weather and road conditions documentation
Documentary Evidence:
- Police accident report
- 911 call recordings
- Traffic camera footage
- Surveillance footage from nearby businesses
- Medical records and bills
- Employment records (for lost wages)
- Cell phone records (proving distraction)
Electronic Evidence:
- ELD (Electronic Logging Device) data from trucks
- Vehicle black box/EDR (Event Data Recorder)
- GPS/telematics data
- Dashcam footage
- Social media posts (theirs, not yours)
Testimonial Evidence:
- Witness statements
- Expert witness testimony
- Medical expert opinions
- Accident reconstruction specialists
Damages & Compensation in Texas
Types of Damages 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):
- 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”
Insurance Company Tactics – What They Don’t Want You to Know
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
This insider knowledge is Attorney911’s most powerful advantage. Lupe spent years working FOR insurance companies. Now he uses that knowledge to fight FOR accident victims like you. Here’s what they don’t want you to know:
Tactic #1: The Quick Cash Trap (Days 1-3)
What they do:
Within days of your accident, an insurance adjuster will call you offering quick money – typically $2,000-$5,000, sometimes up to $15,000 if they’re worried. They’ll sound friendly and helpful, saying things like:
- “We just want to help you”
- “We need to get your side of the story to process your claim”
- “This is routine, everyone does this”
- “It’ll only take a few minutes”
The trap:
They’re not being helpful – they’re building their defense against you. Every word you say will be used to minimize your claim. They’ll ask leading questions designed to get you to:
- Minimize your injuries (“You’re feeling better now though, right?”)
- Accept partial fault (“It wasn’t that bad of an impact, was it?”)
- Undermine your credibility (“You were able to walk away from the scene?”)
The truth:
You are NOT required to give a recorded statement to the other driver’s insurance company. In fact, doing so almost always hurts your case.
How Attorney911 counters:
Once you hire us, we become your voice. We handle all communication with insurance companies. If a recorded statement becomes necessary, we prepare you thoroughly and sit with you during the interview. We know their questions because Lupe asked 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 #2: The Quick Settlement Offer (Weeks 1-3)
What they do:
Within weeks of your accident, the insurance company will offer you a quick settlement – often $5,000-$15,000. 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:
They want you to settle before you know the full extent of your injuries. Here’s what happens:
- You’re desperate for money to pay bills
- You accept their “generous” $5,000 offer
- Six weeks later, your MRI shows a herniated disc requiring surgery
- Surgery costs $100,000
- You signed a release – your case is OVER
- You’re stuck paying $100,000 out of pocket
The truth:
Early settlement offers are ALWAYS lowball offers. You don’t know the extent of your injuries yet. We don’t settle until you’ve reached Maximum Medical Improvement (MMI) – when your doctors say you’ve recovered as much as you’re going to.
How Attorney911 counters:
We know these offers are always low because Lupe calculated them for years. We fight for what your case is really worth, not what the insurance company wants to pay.
Tactic #3: The “Independent” Medical Exam (IME) Scheme (Months 2-6)
What they call it:
“Independent Medical Examination” (IME)
What it really is:
A doctor hired by the insurance company to minimize your injuries
How they choose IME doctors:
Insurance companies don’t hire the most qualified doctors – they hire doctors who give them the reports they want. Selection criteria:
- Doctors who consistently find “no injury” or “pre-existing condition”
- Doctors paid thousands by insurance companies ($2,000-$5,000 per exam)
- Doctors who provide repeat business through favorable reports
- Doctors who will testify against patients in court
What happens at an IME:
- 10-15 minute “examination” (vs. your treating doctor’s thorough evaluation)
- Rarely review your complete medical records beforehand
- Ask questions designed to get you to say you’re feeling better
- 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 – used to deny claims |
| “Injuries consistent with minor trauma” | Minimizes your pain and suffering |
| “Patient can return to full duty work” | Eliminates lost wage claims |
| “Treatment has been excessive” | Attacks your treating doctors |
| “Subjective complaints out of proportion to objective findings” | Medical speak for calling you a LIAR |
How Attorney911 counters:
- We prepare you extensively before the exam
- We send your complete medical records to the IME doctor first (forcing review)
- We challenge biased IME reports with our own medical experts
- Lupe knows these specific doctors and their biases – he hired them for years
Tactic #4: Delay and Financial Pressure (Months 6-12+)
What they do:
They drag out your case for months or years, hoping you’ll get desperate and accept a lowball offer:
- “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
You have:
- Mounting bills
- Zero income
- Creditors threatening
- Need money NOW
Financial desperation makes you accept less:
- Month 1: You’d reject $5,000 offer
- Month 6: You’d seriously consider $5,000
- Month 12: You’d BEG for $5,000 just to end the nightmare
How Attorney911 counters:
- We file a lawsuit to force deadlines
- We set depositions to make them produce witnesses
- We prepare for trial to show we’re serious
- Lupe understands delay tactics because he used them – he knows when to push
Tactic #5: Surveillance and Social Media Monitoring
What they do:
Insurance companies hire private investigators to:
- Video you doing daily activities
- Film from public places (your driveway, street, stores)
- Follow you to appointments, errands, social activities
- Look for ANY activity that contradicts your 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 Gym 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 Photo | Family photo smiling | “Not in pain – she’s smiling!” | Everyone smiles for photos |
7 Rules for Clients:
- Make ALL profiles private immediately
- DON’T post about accident, injuries, activities, emotions, case
- DON’T check in anywhere
- Tell friends/family: don’t tag, don’t post about you
- Don’t accept friend requests from strangers (fake profiles)
- BEST: Stay off social media entirely during case
- Assume EVERYTHING is being monitored
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 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:
We conduct aggressive liability investigations:
- 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.
Colossus: How Insurance Companies ACTUALLY Value Your Claim
Lupe knows this system from the inside – he used it for years
How Colossus works:
- Data Entry: Adjuster inputs injury codes, treatment, costs, jurisdiction
- Coding: Injuries coded using standardized medical terms
- Calculation: Software applies algorithms to determine “value”
- Range Output: System provides recommended settlement range
- Authority: Adjuster typically cannot exceed without supervisor approval
How insurance manipulates Colossus:
| Manipulation | Effect |
|---|---|
| Low Injury Codes | “Soft tissue strain” instead of “disc herniation” reduces value 50-100% |
| Excessive Treatment Flags | Therapy beyond “normal” range triggers reduction |
| Conservative Treatment Penalty | Chiropractic valued less than MD |
| Pre-Existing Reduction | Any prior condition used to reduce value |
| Jurisdiction Factor | Low-verdict counties get lower values |
Why Lupe’s experience matters:
- Knows how to code injuries properly for maximum value
- Knows which medical terms trigger higher valuations
- Knows when Colossus output is artificially low
- Knows how to present records to beat the algorithm
- Worked with these systems for years as a defense attorney
Medical Knowledge: Understanding Your Injuries
Traumatic Brain Injury (TBI)
Immediate vs. Delayed Symptoms:
Immediate Symptoms (At Accident Scene or Within Hours):
- Loss of consciousness (even brief – seconds to minutes)
- Confusion and disorientation (“Where am I? What happened?”)
- Vomiting and nausea
- Seizures
- Severe headache
- Dilated pupils
- Slurred speech
- Weakness or numbness
Delayed Symptoms (Hours to Days Later – CRITICAL):
- Worsening headaches that don’t respond to medication
- Repeated vomiting
- Seizures developing days later
- Slurred speech or difficulty speaking
- Personality changes and mood swings
- Sleep disturbances (sleeping much more or can’t sleep)
- Sensitivity to light and noise
- Confusion and memory problems worsening
Why delayed symptoms matter legally:
Insurance companies claim delayed symptoms aren’t from the accident. We use medical experts to explain that symptom progression is NORMAL for brain injuries.
Severity Classifications:
| Classification | Characteristics |
|---|---|
| Mild TBI / Concussion | Brief LOC (seconds to minutes), GCS 13-15, may seem “fine” initially but can have serious long-term effects |
| Moderate TBI | LOC minutes to hours, GCS 9-12, lasting cognitive impairment, requires hospitalization |
| Severe TBI | Extended unconsciousness or coma, GCS 3-8, permanent disability likely, lifetime care needs |
Long-Term Complications:
- Chronic Traumatic Encephalopathy (CTE): Progressive brain degeneration, personality changes, dementia
- Post-Concussive Syndrome: Headaches, dizziness lasting months or years (affects 10-15%)
- Increased Dementia Risk: Single moderate TBI doubles dementia risk later in life
- Personality and Mood Disorders: Depression (40-50% of TBI patients), anxiety, irritability
- Seizure Disorders: Can develop months or years after injury
- Cognitive Impairment: Memory problems, difficulty concentrating, slowed processing
Spinal Cord Injury
Injury Levels and Impact:
Cervical Spine (C1-C8, Neck Region):
- C1-C4 (High Cervical): Quadriplegia (all four limbs paralyzed), possible ventilator dependence, 24/7 care required
- C5-C8 (Low Cervical): Quadriplegia with some arm/hand function, wheelchair dependent
Thoracic Spine (T1-T12, Mid-Back):
- Paraplegia: Lower body paralysis, wheelchair dependent
- Trunk control varies by level
Lumbar Spine (L1-L5, Lower Back):
- Varying degrees of leg weakness/paralysis
- Bowel/bladder dysfunction common
- May walk with assistive devices
ASIA Impairment Scale:
| Grade | Classification | Prognosis |
|---|---|---|
| A | Complete | No motor or sensory function below injury – worst |
| B | Sensory Incomplete | Sensory function but no motor function |
| C | Motor Incomplete | Motor function but most muscles <3/5 strength |
| D | Motor Incomplete | Motor function with most muscles ≥3/5 strength |
| E | Normal | Full motor and sensory function (recovered) |
Secondary Complications:
- Pressure sores (leading cause of hospitalization)
- Respiratory complications (pneumonia – leading cause of death)
- Bowel and bladder dysfunction
- Sexual dysfunction
- Autonomic dysreflexia (life-threatening blood pressure crisis)
- Depression (40-60% of patients)
- Shortened life expectancy (5-15 years on average)
Amputation
Types:
- Traumatic Amputation: Limb severed at accident scene by collision impact
- Surgical Amputation: Due to crush injuries or infections (like our documented case)
Levels:
- Above-Knee: More difficult, less mobility, more expensive prosthetics
- Below-Knee: Better mobility potential, easier prosthetic use
- Upper Extremity: Arm, hand, fingers
- Multiple Limbs: Exponentially more challenging
Phantom Limb Pain:
- 80% of amputees experience phantom pain
- Feeling pain in limb that’s no longer there
- Can be severe and debilitating
- Often permanent condition
- Requires lifetime pain management
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”
Burn Injuries
Classifications:
| Degree | Characteristics | Treatment |
|---|---|---|
| First-Degree | Superficial, like sunburn, heals 7-10 days | Outpatient |
| Second-Degree | Blistering, severe pain, may scar | Monitor, possible hospital |
| Third-Degree | Full thickness, destroys all skin, always scars | Skin grafting required |
| Fourth-Degree | Extends into muscle and bone | Often requires amputation |
Body Surface Area Impact:
| % Body Burned | Treatment Required |
|---|---|
| <10% | Usually outpatient |
| 10-20% | Hospitalization required |
| 20-40% | Burn center, ICU, multiple surgeries |
| >40% | Extremely life-threatening |
| >60% | Often fatal |
Herniated Disc
Treatment Timeline:
- Acute Phase (Weeks 1-6): Severe pain, medications, rest. Cost: $2,000-$5,000
- Conservative Treatment (Weeks 6-12): Physical therapy, chiropractic. Cost: $5,000-$12,000
- Interventional (If Conservative Fails): Epidural injections. Cost: $3,000-$6,000
- Surgery (If Injections Fail): Microdiscectomy or fusion. Cost: $50,000-$120,000
Permanent Restrictions Impact:
- Can’t return to physical labor jobs
- Lost earning capacity claims
- Ongoing pain management needs
Soft Tissue Injuries
Why insurance undervalues soft tissue:
- No broken bones or surgery = appears “minor”
- Difficult to see on X-rays
- Symptoms are subjective (pain, stiffness)
Why soft tissue can be SERIOUS:
- 15-20% develop chronic pain
- Can prevent return to physical jobs
- Whiplash can cause permanent problems
- Often misdiagnosed initially (rotator cuff tears thought to be sprains)
Proper documentation is CRITICAL:
- Detailed pain descriptions to doctors
- Consistent treatment (no gaps)
- MRI proving injury
- Physical therapy records
- Work restrictions documented
Psychological Injuries
PTSD After Motor Vehicle Accidents:
- 32-45% of accident victims develop PTSD symptoms
- Anxiety about driving again
- Fear of getting in cars
- Panic attacks near accident location or similar roads
- Sleep disturbances, nightmares, flashbacks
- Avoidance behaviors
Compensable psychological damages:
- Mental anguish
- Emotional distress
- Anxiety and depression
- Loss of enjoyment of life
- Fear and worry
- Relationship impacts
Why Choose Attorney911 for Your Weston Lakes Accident Case
Advantage #1: Insurance Defense Insider
“Lupe Peña worked for a number of years at a national defense firm, learning firsthand how large insurance companies value claims.”
This is Attorney911’s most powerful advantage – and no other firm in Weston Lakes has it.
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 Weston Lakes has a former insurance defense attorney on staff. This gives us an unfair advantage in every case.
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. We fight for maximum compensation in every case.
Advantage #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”
This demonstrates our capability to take on billion-dollar corporations and win.
Advantage #4: Personal Attention
What our clients say:
“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
You work directly with Ralph or Lupe, not a case manager assembly line. We answer our own phones. We handle your case personally.
Advantage #5: Contingency Fee – No Risk to You
“We don’t get paid unless we win your case.”
- Free consultation
- No upfront costs
- No hourly billing
- We advance all case costs
- You pay nothing unless we recover for you
“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
Frequently Asked Questions About Weston Lakes Accidents
Immediate After Accident
1. What should I do immediately after a car accident in Weston Lakes, Texas?
If you’ve been in an accident in Weston Lakes:
- Call 911 and report the accident
- Seek medical attention even if you feel fine (adrenaline masks injuries)
- Document everything: photos of damage, injuries, scene
- Exchange information with the other driver
- Get witness names and phone numbers
- Do NOT give 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 police. The police report is critical evidence. In Texas, you must report accidents with injuries, deaths, or property damage over $1,000.
3. Should I seek medical attention if I don’t feel hurt?
ABSOLUTELY. Many serious injuries don’t show symptoms immediately:
- Traumatic brain injuries can take days to manifest
- Internal bleeding may not be obvious
- Herniated discs may not cause pain for weeks
- Adrenaline masks pain at the scene
Insurance companies use delays in treatment against you. Get checked immediately.
4. What information should I collect at the scene?
- Other driver: name, phone, address, driver’s license, insurance
- Vehicle: make, model, color, license plate
- Witnesses: names and phone numbers
- Photos: all vehicle damage, injuries, road conditions, traffic signals
- Police: officer name, badge number, report number
5. Should I talk to the other driver or admit fault?
- Exchange information only
- Do NOT discuss fault
- Do NOT apologize or say “I’m sorry” (can be used as admission)
- Do NOT give your opinion on what happened
- Stick to facts only
6. How do I obtain a copy of the accident report in Weston Lakes?
You can obtain the police report from the responding agency 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 a 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 a settlement before knowing the full extent of your injuries. Once you sign a release, you cannot get more money even if you need surgery later.
11. What if the other driver is uninsured/underinsured?
Your own UM/UIM coverage can compensate you. Watch our video: “Uninsured & Underinsured Motorists” at https://www.youtube.com/watch?v=kWcNFyb-Yq8
12. Why does insurance want me to sign a medical authorization?
They want unlimited access to your ENTIRE medical history to find pre-existing conditions to use against you. Never sign without attorney review.
Legal Process
13. Do I have a personal injury case?
You may have a case if:
- Someone else was at fault (even partially)
- You suffered injuries or damages
- There is insurance to recover from
Watch our video: “Do I Have a Good Case?” at https://www.youtube.com/watch?v=j-PMMP5Jims
14. When should I hire a car accident lawyer?
Immediately. Evidence disappears daily. Insurance companies start building their defense against you from day one. Call Attorney911: 1-888-ATTY-911
15. How much time do I have to file (statute of limitations)?
In Texas: 2 years from the date of accident for personal injury, 2 years from the date of death for wrongful death. Miss it = case barred forever.
16. What is comparative negligence and how does it affect me?
Texas uses the 51% bar rule. If you’re 50% or less at fault, you can recover (reduced by your fault %). If 51%+ at fault, you get nothing.
Watch our video: “What Is Comparative Negligence?” at https://www.youtube.com/watch?v=agzHKY_v9l4
17. What happens if I was partially at fault?
You can still recover if you were 50% or less at fault. Your recovery is reduced by your percentage of fault.
18. Will my case go to trial?
Most cases settle before trial. But Attorney911 prepares every case AS IF it’s going to trial. That’s what gives us leverage.
Watch our video: “Will Your Case Go to Trial?” at https://www.youtube.com/watch?v=2Ed5AnmCMcc
19. How long will my case take to settle?
Depends on injury severity. We don’t settle until you’ve reached maximum medical improvement (MMI). Could be 6 months for minor injuries, 18-24 months for serious injuries.
20. What is the legal process step-by-step?
- 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 a contingency fee basis: 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 a recorded statement without an attorney
- Accepting a 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 the accident, injuries, or activities. Insurance monitors everything.
34. Why shouldn’t I sign anything without a lawyer?
Releases are PERMANENT. Medical authorizations give unlimited access. Settlement offers are binding. Once signed, you can’t undo it.
35. What if I didn’t see a doctor right away?
See one NOW. Explain you didn’t realize the severity of your injuries. Delayed symptoms are common. We can still help.
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. The accident caused a herniated disc requiring surgery. You recover for the NEW injury, not just the pre-existing pain.
We hire medical experts to prove the difference. Lupe knows how insurance attacks pre-existing conditions—he used this defense for years.
37. Can I switch attorneys if I’m unhappy with my current lawyer?
YES. You can fire your attorney at any time. If your attorney isn’t communicating, isn’t fighting for you, or is pushing you to settle cheap, you have the right to switch.
Attorney911 has taken over many cases from other attorneys. As Greg Garcia said: “In the beginning I had another attorney but he dropped my case although Mangiello law firm were able to help me out.”
Call 1-888-ATTY-911 to discuss switching.
38. What if the insurance company is my own insurance (UM/UIM claim)?
Uninsured/Underinsured Motorist claims are against YOUR insurance when the other driver has no insurance or insufficient insurance. Your insurance company will fight your claim just like the other driver’s insurance would.
You need attorney representation. Texas allows inter-policy stacking (combining multiple UM policies). Lupe’s insurance knowledge is critical for maximizing UM/UIM recovery.
39. How do you calculate pain and suffering?
Most commonly using the multiplier method: Medical expenses × multiplier (1.5 to 5) = pain & suffering.
Multiplier depends on:
- Injury severity
- Permanency
- Impact on life
- Clear liability
Example: $100,000 medical × 4 multiplier = $400,000 pain & suffering.
Lupe calculated these for years—he knows how to justify higher multipliers. See Section G for detailed breakdown.
40. What if I was hit by a government vehicle (city bus, police car, etc.)?
Government claims have special rules. You must file notice within 6 months (much shorter than 2-year statute of limitations). Sovereign immunity protects government entities. Damage caps may apply.
These cases are complex—you need experienced attorney. Ralph’s 25+ years includes government litigation. Call 1-888-ATTY-911 immediately—6-month deadline is strict.
41. What if the other driver fled the scene (hit and run)?
File a police report immediately (hit and run is a criminal offense). Your Uninsured Motorist (UM) coverage applies. Surveillance footage is CRITICAL—gas stations, businesses, Ring doorbells, traffic cameras.
Most footage is deleted within 7-30 days. We send preservation letters immediately. Texas allows UM stacking. We’ve recovered substantial settlements in hit and run cases through UM claims.
42. What if I’m an undocumented immigrant—can I still file a claim?
YES. Immigration status does NOT affect your right to compensation for injuries. You’re entitled to full recovery regardless of immigration status. Your case is confidential. We’ve successfully represented clients of all immigration statuses.
Lupe is fluent in Spanish. Call 1-888-ATTY-911—we protect your rights and your privacy.
43. What if the accident happened in a parking lot?
Parking lot accidents are fully compensable. Insurance companies love to argue “parking lot accidents are always 50/50 fault” (LIE). We prove fault through:
- Surveillance video
- Witness statements
- Damage analysis
- Traffic patterns
Texas comparative negligence rules apply. We’ve won many parking lot cases with clear liability findings.
44. What if I was a passenger in the at-fault vehicle?
You can sue the driver even if you were riding with them (friend, family member, Uber driver). You’re an innocent victim. The driver’s insurance covers passengers. No comparative fault issues (you weren’t driving).
These cases often settle quickly because liability is clear. We handle the difficult conversation so you don’t have to.
45. What if the other driver died in the accident?
You can still pursue a claim against the deceased driver’s estate and insurance. Death doesn’t eliminate liability. The insurance policy still applies. The estate may have assets.
Wrongful death laws protect both sides. These cases are emotionally complex but legally straightforward. We handle with sensitivity while protecting your rights.
Weston Lakes-Specific Information
Weston Lakes, located in Fort Bend County, Texas, is a growing community with unique traffic patterns and accident risks. Our firm serves clients throughout Fort Bend County, including Weston Lakes, Fulshear, Katy, and the surrounding areas.
Local Hospitals and Trauma Centers:
- Houston Methodist West Hospital (Katy) – Level III Trauma Center
- Memorial Hermann Katy Hospital – Level III Trauma Center
- Texas Children’s Hospital West Campus (Katy)
- OakBend Medical Center (Richmond)
- Memorial Hermann – Texas Medical Center (Houston) – Level I Trauma Center (for severe injuries)
Local Courts Serving Weston Lakes:
- Fort Bend County District Courts – Handle civil cases over $200,000
- Fort Bend County Courts at Law – Handle civil cases under $200,000
- Justice of the Peace Courts – Handle smaller claims and evictions
- U.S. District Court, Southern District of Texas (Houston Division) – Federal cases
Dangerous Areas in and Around Weston Lakes:
- FM 1093 (Westheimer Road) – High traffic volume, commercial areas, frequent accidents
- FM 1463 – Connects Weston Lakes to Katy, high-speed rural sections
- Grand Parkway (SH 99) – Construction zones, merging traffic, high-speed collisions
- Intersection of FM 1093 and FM 1463 – Congested, frequent accidents
- Park Road – Residential area with limited visibility
- I-10 Corridor – Heavy truck traffic, high-speed collisions
Local Employers and Traffic Patterns:
- Energy Corridor – Major employers create heavy commuter traffic
- Katy Mills – Retail traffic congestion
- Local schools – Increased pedestrian and vehicle traffic during school hours
- Residential construction – Heavy equipment on roads
- Agricultural areas – Farm equipment on rural roads
Seasonal Considerations:
- Hurricane season – Increased risk of weather-related accidents
- Back-to-school season – More school buses, student pedestrians, and distracted drivers
- Holiday shopping season – Increased traffic around Katy Mills and other retail areas
- Hunting season – More vehicles transporting equipment on rural roads
What to Do Next
If you’ve been injured in a motor vehicle accident in Weston Lakes, Texas, time is critical. Evidence disappears daily, and insurance companies are already building their case against you.
Call Attorney911 now at 1-888-ATTY-911 for your free consultation.
We offer:
- Free, no-obligation case evaluation
- No fee unless we win your case
- Personal attention from Ralph Manginello and Lupe Peña
- Insurance defense insider knowledge
- Multi-million dollar results
- 25+ years of experience
- Spanish language services available
Don’t let insurance companies take advantage of you. Don’t wait until evidence disappears. Call now and let us fight for the maximum compensation you deserve.
Attorney911 – The Manginello Law Firm
1-888-ATTY-911 (1-888-288-9911)
https://attorney911.com
Se habla español. Hablamos con Lupe Peña y nuestro equipo bilingüe.

