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FAQ's (Frequently Asked Questions)


Can't I represent myself?
There is a very old saying, "The attorney who represents himself has a fool for a client." What does this say about a non-attorney attempting to represent himself?

Does it cost anything to speak to an attorney?
There is no charge for an initial conversation with an attorney and no charge for follow-up conversations prior to hiring us to represent you.

How do you charge?

For Personal Injury Cases - In almost every case we work for a percentage of the settlement or judgment. Our fee is 33 1/3% if the case settles without litigation or 40% with litigation. We pay for court costs and other reasonable and necessary expenses and deduct these amounts from the client's portion of any recovery. Our Attorney-Client Employment Agreement forms are available on-line for your review.

What happens if you incur expenses and we collect nothing?
You owe us nothing. Our agreement says that you owe us nothing if there is no recovery.

For Workers Comp Cases - In every workers comp case, our fee is set by Texas law. Unlike personal injury cases (where the typical fee is 33 1/3%), workers compensation fees are set to a maximum of 25% of your recovery.

For Divorce/Family Law Cases - In a divorce or family law case, we require a reasonable, non-refundable retainer fee. This fee is used to cover all filing fees and a fair portion of the attorney's fees. In the event that the attorney is required to perform more work than is covered by the retainer, additional fees will be charged.

I do not live close to your office. How do I hire your firm?
There are several ways for you to complete our paperwork and get it back to us:
  1. You can print our forms from the Internet, complete them and mail to us
  2. We can fax our forms to you
  3. We can mail our forms to you
  4. We can Federal Express our forms to you and you can return them by Federal Express (we pay)
  5. We can drive or fly (commercial airline or charter aircraft) to your location to visit with you
  6. We can pay for a taxi or other land transportation to our office
  7. We can pay to fly you to our office
  8. Let us know if you have another idea of how we can help with transportation for you
Do I pay for long distance calls to your office?
No. We provide a nationwide toll-free number to our office. We will not charge you for using our toll-free number.

Would I need to travel to Houston?
It's possible but not likely. If it is necessary we can advance travel expenses.

What is a tort?
A tort is a civil wrong. Civil wrongdoers who refuse to accept responsibility for their conduct need to be corrected by attorneys and the court system. If civil wrongdoers and insurance companies treated everyone honestly and fairly, there wouldn't be many attorneys. However, there are many civil attorneys because there are many civil wrongdoers who need to be brought to justice.

What is tort reform?
Tort reform is the effort by civil wrongdoers to avoid responsibility for their acts. Civil wrongdoers give large sums of money to politicians to pass laws that give them special protection, usually at the expense of consumers. Injured consumers and their lawyers are not the problem. The problem is civil wrongdoers who don't want to accept responsibility for their misconduct.

Do we have to file a lawsuit?
We try to avoid filing lawsuits when possible. We will do our best to settle your case without a lawsuit because lawsuits typically slow down the process. Even though our attorney's fee percentage is higher with a lawsuit, we would like to be paid sooner than later.

How long does it take to settle my case?
We do not advise settlement until you have reached maximum medical improvement. In other words, when you have received almost all medical treatment necessary for your injuries. We can have your doctor estimate future medical expenses. Settlement can take time because it is necessary to negotiate with the insurance company or at-fault party. We will need to demonstrate that you are prepared to take your claims to court if necessary and that you will not jump at their initial lower offers of settlement.

Who has the final say on my case?
You have the final say. We give advice and you make the decisions. If you want to accept a settlement, we will follow your orders. If you don't want a lawsuit, we will follow your orders. We will let you know if we don't like your orders, but we will follow them or withdraw.

How much is my claim worth?
For a general idea of how much your claim may be worth see our Settlement Calculator (LINK). This list of damages is a general listing. Some may not apply to your claim and there may be others that do apply which are not listed. Our Settlement Calculator will give you a good idea of the many different types of damages you may recover for an injury. Do not settle for just your medical bills and lost wages. Don't you think you are entitled to compensation for pain and suffering, inconvenience, mental anguish, loss of quality of life and other non-economic damages?

Why do I need an attorney?
Because insurance companies are in business to make a profit and they will not offer you a fair settlement without an attorney.

Everything seems fine with the insurance company. Why do I need an attorney?
Everything is not fine if:
  1. You have given a recorded statement to the insurance company
  2. You are going to a doctor who is not experienced in insurance claims or lawsuits
  3. You do not know how to evaluate your claim (See our settlement calculator)
  4. You do not know how to negotiate
  5. You don't realize you need an attorney
The claims adjuster seems nice. Why do I need an attorney?
Would you prefer that you be cheated by a nice person? Claims adjusters must get your confidence (as in "con" man) to be able to short change you on your settlement. You can't get a fair settlement unless you know how much your claim is worth. It is not the claims adjuster's job to tell you how to get the most from him. It's his job to pay you the least you will take.

The insurance company says I don't need an attorney and that attorneys just take part of my settlement. If this is true why should I hire an attorney?
The insurance company knows you will get more with an attorney and they don't want to pay you more. This is the reason everyone hires an attorney. The insurance companies have more knowledge and experience in these matters than you and you are at a disadvantage trying to deal with them. They will take advantage of you. Would you think about playing a game if the only person who knew the rules was the other player?

I don't want to take advantage of the insurance company?
Even with an attorney, this won't happen. Insurance companies only pay when they must. They pay only to avoid higher court awards and they have plenty of attorneys working for them to protect their interests. You would do well to follow their example, not what they say.

Isn't it wrong to sue someone?
It isn't wrong to sue someone who negligently causes an injury to an innocent person and refuses to allow their insurance company to settle, or who refuses to pay for the losses of the person they hurt.

Doesn't the Bible say not to sue another person?
The Bible tells Christians not to take their disputes to "heathen tribunals". I seldom see a "heathen" judge. This admonition wouldn't apply to making a claim against an insurance company.

Why can't I trust an insurance company?
The purpose of insurance companies is to spread financial loss over a very large group so that the loss doesn't have to be borne by a single person or family. Insurance started out as a good idea. Corrupt policies of greedy corporations make attorneys and courts necessary.

How can I trust an attorney more than an insurance company?
Because the attorney is only paid after you agree to a settlement or a court makes an award and the attorney is only paid if he obtains a recovery for you. The more the attorney collects for you the more he gets for himself. Assume that insurance companies and attorneys are greedy and then make up your mind.

My friend said I should hire his attorney. What do you think?
Have you noticed how people always think their judgment is the best? Almost everyone believes they have the best attorney, or the best doctor and get the best deal on a car. How has the friend done with his own decisions? Is this friend successful in other business matters? Would you trust them to handle your finances?

What is the best way to choose an attorney?
As much as possible, look at the attorney's or the law firm's work. Pay attention to how they deal with you prior to being hired and check them out with their state bar association. Our work is exhibited on our website. Compare our website with other law firms. Call and talk to one of our attorneys, one of our legal assistants or with anyone in our office. Determine if our staff is respectful, and knowledgeable, and if you feel comfortable talking with them. You don't have to know anyone's name, just ask if you can talk to an attorney or more than one attorney and do the same thing for legal assistants.

To check out any of our attorneys go to the website for the State Bar of Texas at http://www.TexasBar.com. Go to "Attorney Search" type in the attorney's name and proceed to "Disciplinary History" to determine if the attorney has any history of problems with the state bar.



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Ogletree Abbott Law Firm, L.L.P. - 12600 N. Featherwood Dr, Ste 200 - Houston, Texas 77034
Phone: (713) 223-1234   Fax: (713) 910-9010 		spacer
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