Frequently Asked Questions
Here are some answers to frequently asked questions. These answers are not specific legal advice, since every situation must be individually analyzed. There can be exceptions to many rules, depending upon the facts.
- How much do I owe you to represent me? ANSWER: Nothing. We represent our victims on a contingent-fee basis. If we obtain a recovery in your case, then we are paid a percentage of your recovery as our fee. If there is no recovery, you owe us nothing. Paying $300 to $400 per hour to an experienced attorney to fight for you is not realistic for most people. Only the very rich could hire personal-injury attorneys by the hour and that would not be fair. We invest our time and our expense money in your case to fight for a recovery for you.
- Is there a time limit for filing a lawsuit? ANSWER: Yes, all cases have limits beyond which you cannot bring a lawsuit. If you have a righteous lawsuit where the defendant was clearly at fault and you were clearly injured by the Defendant’s actions and you file the lawsuit one day after the statute of limitations expires, you will lose. Your rights will be taken away from you forever. There are numerous different statutes of limitations and some exceptions exist under the rules, so we cannot give you a general rule here. Every statute of limitation is fact-specific. Please do not let the passage of time block your lawsuit forever. Please Contact the Freden Law Firm so that we can fully explore the statute of limitations with you.
- Can I handle my case alone? ANSWER: The problem with injured people handling their own cases is that their lack of knowledge and experience can drastically impact their recovery. You are going up against insurance claims representatives who are trained to get you to take the lowest possible amount of compensation. Accident sites need to be photographed and investigated. Actions to block the destruction of evidence need to be swiftly pursued. Sometimes people will attempt to handle their own cases only to realize months down the line that they have made a horrible mistake and damaged their own case. Once evidence is gone, it is gone forever. Please Contact the Freden Law Firm so that we can discuss the benefits of being represented by experienced counsel before it is too late.
- In the hours and days after an accident, what evidence should I keep? ANSWER: Keep all evidence in your possession. This would include all photographs of the vehicles involved in the accident, the site of the accident and your injuries. This would also include the names of any witnesses that contacted you at the scene of the accident. Additionally, any notes regarding the accident or its aftermath should be kept. If you have visible bruising, please take photographs of your bruises before they fade away. A famous phrase is “A picture is worth 1,000 words.” This is absolutely true. If you have a photograph of a nasty bruise, anyone can see your bruise. If you do not have a picture, you can try to verbally describe it, capturing the purple hue and the changing colors, but it will not be as effective as seeing it.
- What does it mean to be “Board-Certified”? ANSWER: Board certification in personal injury trial law is awarded by the Texas Board of Legal Specialization. In order to become board-certified, you have to pass a written examination, try actual jury trials to a verdict, submit references and be substantially involved in the practice of personal injury trial law. The Texas Board of Legal Specialization defines personal injury trial law in the following manner: Personal injury trial law is the practice of law dealing with litigation of claims involving trauma or disability, physical or mental, to a person. It includes, by way of definition, and not limitation, litigation involving personal injury aspects of: automobile and other vehicular accident reparations; governmental claims; professional malpractice clients; statutory claims; insurance contract claims; any negligent or intentional tort claims. Mike Freden has been practicing only this type of personal injury law since leaving the Dallas County District Attorney’s Office in 1995. Mike Freden has been Board-Certified since 2005.
- Where does the Freden Law Firm handle cases? ANSWER: Cases are handled throughout the state of Texas. Most of the cases will involve accidents or deaths that occur in Dallas, Fort Worth, Southlake, Grapevine, Roanoke, Azle, Weatherford, Aledo, Cleburne, Benbrook, Arlington, Irving, Grand Prairie, Mansfield, Midlothian, Mesquite, Garland, Richardson, Farmers Branch, Carrollton, Plano, Frisco, McKinney, Allen, Lewisville, Decatur or Denton. When cases need to be filed out of state, an out-of-state lawyer will be retained as Local Counsel on your case. Mike Freden will then be admitted Pro Hace Vice in the other state. Getting admitted Pro Hace Vice allows a Texas attorney to practice law in another state with the permission of the Judge in the out-of-state court.
- What does it mean to appeal a case? ANSWER: An appeal occurs when you believe that an error was committed by the Jury or the Judge in the Trial Court. The parties have the right to file papers with the Court of Appeals complaining about a ruling or an outcome. If the Court of Appeals believes that an error was committed, they have the right to correct that error. In some circumstances, the appellate process can continue to the Texas Supreme Court.
- My spouse died in an accident. Can I file a lawsuit without losing my workers’ compensation benefits? ANSWER: Yes, in many cases you can file a lawsuit. Unfortunately, many surviving spouses believe that if they file a lawsuit against anyone, their benefits will stop. Paralyzed with fear, they do nothing and the statute of limitations runs prohibiting them from ever filing a lawsuit. The truth is that benefits do not stop because you file a lawsuit. If a death occurs on the job, even if the job site is covered with workers’ compensation benefits, an employer can be sued if they are guilty of gross negligence. Additionally, if a third-party caused the death, the third-party can be sued regarding the death. In that case, the workers’ compensation benefits will have to be repaid to the Texas Worker’s Compensation insurance carrier, but you can recover from the amount that exceeds the worker’s compensation benefits.
If you want to discuss your potential case, please, DO NOT WAIT! With each passing day, valuable evidence can disappear or be destroyed.
The consultation is FREE! Personal Injury cases are handled on a contingent fee basis which means the Freden Law Firm only collects a fee when money is obtained in your case.