Frequently Asked Questions


Personal Injury
Common Questions

English is not my first language. I would feel more comfortable with a lawyer who speaks Spanish. Can I get a lawyer who speaks Spanish?

Yes. Here at Kherkher Garcia, LLP, we have several lawyer/paralegal teams who speak Spanish.

How do I know if I have a case?

Depending on the facts, you may have a case if someone acted carelessly under the circumstances and caused your injuries. Applying this standard is more complicated than it sounds, however, which is why it is important to consult an attorney. Call our intake at the phone number listed at the top of this page.

I do not feel hurt at the moment. Do I have a case?

Adrenaline can temporarily reduce pain. You may feel pain or develop other symptoms later. It is a good idea to consult a doctor right away, even if you do not yet feel extreme pain.

What do I do when I have a question?

Call our office or email us at with any questions about your case or on any other matter. We are committed to returning all calls and emails within 24 hours.

How will I know what is happening in my case?

Your team will keep you informed about important events in your case, and of course, you can always call with questions. We understand that litigation can be stressful for our clients, but litigation is what we do, every day. To decrease stress on our clients, we work through routine matters, moving your case forward, without communicating every detail. That way, you are not overwhelmed or made anxious being reminded of your case when all is proceeding as expected.

What do I do if someone I don’t know calls me wanting to talk about my case?

You should not speak with anyone about your case, other than your attorney or staff. If someone whom you do not know calls asking to talk about your case, tell them you cannot talk now, but will call them back. Ask for a phone number, then call your attorney or staff. The person who calls you may seem friendly and sympathetic, but they are almost certainly trying to get you to say something that would hurt your case.

What damages are available in a personal injury case?

This depends on the location of where your case is brought.  Generally speaking, the main type of damages is known as compensatory damages, which is further divided into economic damages and non-economic damages. Economic damages are based on tangible, relatively objective costs and losses, such as medical bills, lost income and earning capacity, property damage, and the costs of future treatment. Non-economic damages are more subjective, covering items such as pain and suffering, mental anguish, and lost enjoyment of life. Damages must be reasonably quantifiable to be awarded, rather than being speculative. If the defendant has acted in an especially egregious manner, you may be able to recover punitive damages in addition to compensatory damages. These are meant to punish the defendant and deter this type of conduct. Punitive damages are rarely awarded but can be substantial, although there are constitutional limits on how much they can exceed compensatory damages.

What if I was suffering from a condition or injury before this happened? Can I still recover damages?

Yes, potentially.  Even with a pre-existing injury or condition, you can recover from someone who was at fault this time. Your recovery may be reduced but the one who injured you this time must compensate you for making your condition worse.  You should know that this fact can complicate your case and so it may be especially important to consult an attorney.

What if I was partly at fault for the accident?

Contributory negligence laws can be complicated and vary from state to state.  In Texas, even if you are partly at fault, you can still recover compensation for your damages as long as you were not 51 percent or more at fault. . It may be important that you consult an attorney for further guidance.

What if I was injured on the job?

If you were injured on the job, in most situations, your employer will provide workers’ compensation benefits. These benefits usually include paying your medical bills and some portion of your lost wages.  Workers’ compensation also may provide rehabilitation and lump-sum payouts for specific injuries. If someone else (other than your employer or a coworker) is responsible for your injuries, you may have an additional injury claim against that person/entity. For example, the manufacturer of equipment used at work may be responsible if the equipment was defective. Workers’ compensation may have a right to be reimbursed if you also recover damages from a responsible third party, but it is still wise to consider pursuing an injury claim because the law provides the possibility of greater compensation from a third party than is available from your employer in workers’ compensation benefits.

How much do you charge for legal fees?

You only pay if we win. We work on a contingency fee basis. This means we only get paid a legal fee if we successfully recover money in your case. You do not pay any legal fees or expenses upfront.

How am I going to pay for medical expenses while I can’t work?

If you get seriously hurt and can’t work, your medical bills can start piling up quickly. Finding a way to pay for them can be stressful for you and your family. This situation is tough to navigate alone.

You need a law firm experienced in guiding you through these challenges. Many people do not have health insurance. And health insurance won’t always cover all of your care or the deductible may be so high that you can’t afford to pay it out of pocket. We help our clients get the best medical care possible and work with them on strategies to pay for the care they need

Have you gone to trial in any cases like mine?

Not only does trial experience matter, experience in the specific type of case or injury can make all the difference in getting you a fair recovery. We have tried cases across the nation for over 30 years. We have handled and tried virtually every kind of injury case. It if has happened to someone, we have likely handled it—with success.

How much time do I have to file a lawsuit?

This varies and usually depends on the applicable state’s law. In Texas and many other states in the U.S., an individual has 2 years from the date of the injury to file a personal injury lawsuit. In some states, such as Louisiana, the individual only has 1 year to file a lawsuit.

There are also other types of deadlines that may apply to your case. If you are suing a city or state government, certain special notice requirements may apply that are much shorter than the typical 2-year deadline to file a personal injury lawsuit.

One of our top priorities as a law firm is to quickly identify the applicable deadlines in your case and make sure we move fast to meet them.

My car got damaged in a collision. How am I going to drive and get to work?

You need a law firm experienced in dealing with the insurance company. We will help push the insurance company to get your property damage claim paid and, in some cases, get you a rental car.

Many times, even when the insurance company pays for your property damage or rental car, it will still fight paying for your medical expenses, lost wages, and pain and suffering. Do not assume that the insurance company will pay for your injuries because it paid your property claim or got you a rental car.

I just got into a motor vehicle collision. What should I do first?

First and foremost, you should immediately seek medical attention. This is true even if you do not think you have any serious or noticeable injuries. Oftentimes, injuries from motor vehicle collisions take time to show up. You don’t want to wait until the injuries get out of hand. You should then contact an experienced law firm to help guide you through the next steps. What you say and do during this critical time can determine what your recovery will be—and whether you get any recovery at all. The insurance company will want to talk to you very quickly and will use tactics to get you to say and do things that hurt your case.

There is also a lot of evidence that needs to be gathered and preserved quickly. Our law firm regularly works with experts to gather and analyze this evidence to help you maximize your recovery and win your case.

I don’t have time to mess with a legal case. Why shouldn’t I just take the insurance company’s offer so I can move on with my life?

You could do this, but it would be a mistake. Insurance companies make money by lowballing people who have legitimate injuries but who do not have the time or resources to fight them for a fair recovery. The insurance companies are hoping that their delay tactics frustrate you and pressure you into taking an unfair sum.

You need an experienced, aggressive law firm that will do the work for you and win you the recovery you deserve. Our firm will do all the heavy lifting for you and has the experience to win you a fair recovery. In many cases, the only way to get maximum recovery is to take the case all the way to trial. We have the experience, passion, and creativity to take your case to trial and win.

How long does it take to resolve a case like mine?

This depends on a lot of factors. Most cases get set for trial about 12-18 months after the lawsuit is filed. But the severity of the injuries, the complexity, and the number of interested parties can all affect the time it takes to resolve a personal injury case. You need a law firm that will get the lawsuit filed quickly and push the case to make it go as fast as possible while also taking the time required to get the highest recovery possible.

Does my lawyer have trial experience?

In many cases, the only way to get maximum recovery is to take the case all the way to trial. Experience matters in legal cases, especially during a jury trial in a court of law. Trials are complicated and unpredictable. You need a law firm that has the experience to win in the courtroom. We have been successfully trying cases to juries across the nation for over 30 years. We have the experience, passion, and creativity to take your case to trial and win.

The insurance company has called me for a statement, should I give it?

No. The insurance companies do not have the same interest as you. They will ask you any question imaginable in an effort to make your story less credible and place blame on you. This statement can and will be used against you throughout the lawsuit.  A lawyer will protect you from unnecessary harassment from the insurance company.