FAQ: What is tort reform, and how does it apply in Texas?
Don’t get me started….Tort reform refers to proposed on enacted changes to a state’s legal system that attempt to reduce the ability of plaintiffs to bring litigation. They may also reduce the amount of damages that a plaintiff can receive. The Medical Malpractice and Tort Reform Act of 2003 went into effect in Texas on
Read MoreFAQ: Do I have a claim even if my health insurance has already paid my medical bills?
Yes, absolutely, assuming the statute of limitations has not expired (two years from the incident in Texas). If your health insurance has already paid for your medical bills when a judgment or settlement is received, you may have to use a portion of your award to pay back your health insurance company or government healthcare
Read MoreFAQ: What will I be asked in my deposition?
The lawyers at Funk and Associates will spend much time preparing you for your deposition. Worry not, you are in good hands.
Read MoreFAQ: What kind of evidence is needed in a personal injury claim?
In Texas, personal injury cases are decided by a preponderance of the evidence standard. The more evidence you have, the more likely your allegations will have credibility and weight. It is crucial that your collect evidence as soon after an injury as possible. Using your phone, take photos of the area where the injury happened,
Read MoreFall 2022 Scholarship Entries are Now Closed
Entries to the Fall 2022 Funk & Associates Law Student Scholarship are now closed. The winner will be announced before the end of the year.
Read MoreFAQ: Is the information I share with my attorney confidential?
Attorney-Client Privilege ensures that anything you tell your lawyer in relation to your case cannot be shared with any outside party without your expressed permission. This even includes sharing information with the court, although revealing certain information will likely be required in order to proceed with a personal injury lawsuit. In order for a conversation
Read MoreFAQ: What if I am injured by an uninsured person?
The Texas Department of Insurance (TDI) estimates that 20% of Texas drivers do not have insurance. In other words, roughly one in five car accidents are caused by an uninsured driver. These can be some of the most difficult situations from which to recover your losses. Doing so will almost certainly require the help of
Read MoreFAQ: Should I speak with the At-Fault Party’s Insurer?
No, you should not speak to the insurance company of someone who injured you or damaged your property. The insurance company represents the At-Fault Party. They are not inherently good or bad, but they do not have your best interests at heart. Lower settlements mean higher profits. If you speak to an adjuster at the
Read MoreFAQ: What is an At-Fault Party?
The At-Fault Party is the person or organization who was the proximate cause of an accident that caused injuries or damages. In Texas, this means that person responsible for an accident is also responsible for payment of damages. A Not-At-Fault Party in Texas can recover damages for their injury in one of three ways: File
Read MoreFAQ: What is Maintenance and Cure?
Maintenance and Cure is an aspect of the Merchant Marine Act of 1920 (aka The Jones Act). It states a seaman who is injured on the job is entitled to certain benefits: Maintenance – Day-to-day living expenses (food, rent, necessary utilities, homeowner’s insurance) Cure – Medical expenses (hospital and doctor bills, medication, medical tests, medical
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