frequently asked questions

Set in the written fee agreement.

Personal injury cases are handled on a contingency fee set in the written attorney-client fee agreement.

Yes. The client’s settlement disbursement statement outlines the attorney’s fees, case costs, and the net amount to the client.

Your case is handled by Caquias Law Group, PLLC’s attorney and staff under your written fee agreement, and you’ll know who to contact with questions.

San Antonio

110 East Houston Street, 7th Floor
San Antonio, TX 78205

(210) 996-2237

Harlingen (Rio Grande Valley)

323 E Jackson Ave, Suite C
Harlingen, TX 78550

(956) 435-7789

Often, yes. In Texas, an employer that does not carry workers’ compensation insurance (a “non-subscriber”) can be sued for an on-the-job injury. It cannot defend itself by arguing that the employee was partly at fault, assumed the risk, or was hurt because of a co-worker’s negligence. The injured worker still has to prove the employer was negligent. If your employer does carry workers’ compensation, you generally cannot sue your employer for negligence, but you may still have a claim against another company, such as a contractor, property owner, or equipment maker.

In Texas, a wrongful death claim is for the benefit of the deceased person’s surviving spouse, children, and parents, and one or more of them may bring the claim for all of them. If no family member has filed within three calendar months after the death, the executor or administrator of the estate, if there is one, must bring the claim unless all of the family members ask that it not be filed. The estate may also have a separate survival claim for the injuries the person suffered before death. Because these rules affect who can recover and how, speak with a lawyer at Caquias Law Group, PLLC during a free consultation.

Not always. Under the Texas Medical Liability Act, many injury claims against nursing homes are treated as health care liability claims, which come with special notice and expert report requirements. Claims about how a resident was supervised or protected are often treated this way. But a claim is not a health care liability claim just because the injury happened at a health care facility. There must be a real connection to the care or safety services the facility provides. Because the rules and deadlines differ, it helps to have the situation reviewed early.

Often. Some are surprised positively if they had good coverage, and others negatively if they lacked sufficient coverage like UM/UIM. Many realize they should have had stronger policies to protect themselves.

In addition to medical bills, claims may include lost wages, loss of earning capacity, loss of household services, pre- and post-judgment interest, and future care costs. A life care planner may be brought in to project long-term needs.

Example: in a $30,000 policy-limits settlement, the attorney’s fee set in the written fee agreement is deducted first. Medical bills and case expenses are then paid from the client’s share, and negotiating those bills down can increase what the client keeps. Every case is different, and no particular result is guaranteed.

No. Large settlements on billboards create a false impression. The goal is to restore health and cover losses, not to get rich. There’s no true ‘auto lotto’ that leaves clients better off than before their injury.

Not against the at-fault party. Once you settle, it’s final. Insurance companies often offer small checks quickly to close claims. Accepting them can prevent you from recovering more later.

Yes. Posting photos or updates that contradict claimed injuries (e.g., at the gym, traveling, or hanging Christmas lights) can damage credibility and be used against you.

1. Saying ‘I’m fine’ when injured. 2. Missing doctor’s appointments (creates gaps in care). 3. Talking about the case with people who aren’t confidential. 4. Having new accidents that complicate or sever damages from the original claim.

Many people describe insurer claim tactics as ‘delay, deny, defend’: delaying payment, disputing liability or injuries, and defending aggressively if a lawsuit is filed. Knowing this helps you avoid common mistakes like giving recorded statements or accepting a quick offer.

• • Were you injured by someone else’s negligence?

• • Did that person or business have insurance?

• • Was a police or incident report made?

• • Do you have medical expenses and other damages?

• • Have you or will you need to see a doctor?

These are all questions that will need to be answered in order to determine the value of your potential case. Call today to schedule your free consultation. Speak with a lawyer to best protect your claim.

No. A settlement is not wages, so you will not receive a W-2. Compensation for physical injuries is generally not taxable. If any portion is taxable, such as interest or punitive damages, a Form 1099 may be issued. Consult a tax professional about your situation.

Everyone injured shares the $60,000 per-accident limit, and no one person can receive more than $30,000. How the money is divided can depend on the injuries and the order claims are resolved. Your own UM/UIM coverage may help cover the shortfall.

No. Many firms take smaller policy cases too. The key factor is whether there is coverage. Even $30,000/$60,000 cases are handled, although they can be more difficult because medical costs often exceed available coverage.

Generally, compensation for physical injuries is not taxable income, including the portion for lost wages. Exceptions include punitive damages and interest. Because every settlement is different, consult a tax professional about your situation.

Yes. Many injuries (like herniated discs or internal issues) do not show up immediately. Going to a doctor creates a medical record that links your symptoms to the accident. Photos of bruises and injuries are also critical since these heal and may not appear in medical records.

Document everything. Take photos, get medical treatment, and avoid saying things like ‘I’m fine’ because these can be used against you. Hire an attorney early to protect your claim and guide communication.

Often, yes. Even small claims can develop into larger issues later. Personal injury attorneys typically work on contingency, so there is no upfront cost. Making a claim helps document your injuries and protect your rights.

No. Online calculators can’t account for the facts that determine a claim’s value, such as the extent of your injuries, the treatment you need, and the damages documented over time. Some cases take years to resolve. To understand your options, speak with a lawyer at Caquias Law Group, PLLC during a free consultation.

No. The large majority of personal injury cases settle before trial, often through mediation, which Texas courts frequently require.

Settlements are paid as one amount. The attorney’s fee set in your written fee agreement is deducted, then case costs and any medical bills that were deferred until settlement are paid from the client’s share. Your settlement disbursement statement shows each amount and your net recovery.

In Texas, a negligence claim generally requires duty, breach of duty, causation, and damages. If you have documented damages caused by someone else’s negligence, you may have a claim. Other factors also matter, including filing deadlines, how fault is divided among the parties, and the insurance coverage available.

You’ll have a free consultation with Caquias Law Group, PLLC. Our office will review the facts and evidence. If you and the firm agree to move forward, a written fee agreement may be signed.

Insurance companies have adjusters and lawyers working for their interests. A personal injury lawyer in good standing with the State Bar of Texas can handle communications with the insurer, gather evidence, and pursue fair compensation for your losses. Caquias Law Group, PLLC offers a free consultation to help you decide.

It depends on the injuries, the length of treatment, and how the insurance company responds. Some claims resolve in a few months; others take a year or more, especially if a lawsuit is filed. Either way, the client always has the final say on whether to settle.

Often, yes. Personal injury protection (PIP) coverage on your own policy pays regardless of who was at fault. For underinsured motorist (UIM) coverage, your insurer generally receives credit for the at-fault driver’s liability limits, so UIM applies to damages above those limits. For example, if the at-fault driver has $30,000 in coverage, your UIM coverage would generally apply to damages above $30,000, up to your UIM limit.

It can happen. Texas Department of Insurance rules limit when an insurer may refuse to renew a personal auto policy because of an accident you did not cause, but they do not guarantee your rate will stay the same. Ask your insurer or agent how a claim may affect your policy.

It depends, but often yes. For example, if the at-fault driver was working, there could be a claim against the driver’s policy, the employer’s commercial policy, and your own UM/UIM coverage. Insurance companies may resist but sometimes pay to avoid litigation.

Generally, this is not a barrier. Your claim against the at-fault driver’s coverage and any claim under your own policy are handled separately, and the insurer must handle each according to the policy and Texas law.

The minimum auto insurance policy is $30,000 per person and $60,000 per accident. Higher policies exist such as $50,000/$100,000 or $100,000/$300,000.

It depends. Many commercial properties carry general liability insurance, and some carry additional umbrella coverage. The insurer typically also provides and pays for the property owner’s legal defense.

Property damage (PD) is separate from personal injury. Caquias Law Group, PLLC helps its bodily injury clients with their property damage claims and does not take a fee on them. The amount paid depends on the vehicle’s actual cash value, which insurers usually set using market valuation reports.

Slip and fall accidents in stores, injuries from falling merchandise, unsafe sidewalks, malfunctioning elevators or escalators, or accidents caused by poor maintenance at commercial properties.

Mold cases are complicated. Many property insurance policies in Texas exclude or limit mold coverage, and some mold disputes are handled under landlord-tenant law rather than as traditional personal injury claims.

Yes, toxic exposure cases are part of personal injury law. Examples include benzene exposure, contaminated water, dangerous consumer products, vaping-related injuries, and product liability such as defective food or vehicles.

Compensation may cover medical expenses, lost income, pain and suffering, emotional distress, and, in some cases, punitive damages.

Possibly. Texas product liability law can allow people harmed by a defective product to bring a claim even if they did not own it, such as a user or a bystander. Whether you can bring a claim depends on the facts.

Texas law generally allows two years for product injury claims.