Frequently Asked Questions
Texas personal injury law, answered straight.
The questions below are the ones we get asked most often. If yours isn't here, call us — we'll answer it the same way we answer all of them: directly, without sales pressure, and at no cost.
FAQ
The basics
Cost, timeline, comparative fault, and the questions clients ask first.
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How much does a personal injury lawyer cost?
Nothing up front, and no attorney's fee unless Kent recovers money for you. His fee is a percentage of the recovery, agreed in writing before any work starts, and the first consultation is always free.- No recovery, no fee: if we recover nothing, you owe no attorney's fee.
- The fee is a set percentage of the recovery, put in writing before you sign.
- Court costs and case expenses are separate from the fee, and you remain responsible for them even if there is no recovery.
- The first consultation is free, with no obligation to hire.
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How long will my personal injury case take?
Most personal injury cases settle in 6 to 18 months. Simple claims with clear fault resolve fastest; serious-injury cases and those that go to trial take longer. We give you a realistic timeline after reviewing your police report and medical records.- Simple soft-tissue claim, clear liability: a few months.
- Serious injuries needing experts or ongoing treatment: 18–36 months.
- Cases filed for trial in Collin or Dallas County: 12–24 months from filing to verdict.
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What should I do right after an accident?
In the first hours after a crash: get medical care the same day, document everything at the scene, share only your insurance information, and do not give a recorded statement or accept a quick offer before talking to a lawyer.- Get medical attention the same day, even if you feel fine — adrenaline masks injuries and treatment gaps hurt your case.
- Photograph the scene, the vehicles, and any visible injuries.
- Exchange insurance information, but don't give a recorded statement to anyone.
- Don't accept a quick settlement from the other side's insurer — it's almost always less than the case is worth.
- Call for a free consultation before you sign anything.
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Will I have to go to court?
Probably not — about 95% of personal injury cases settle before trial. But the credible threat of trial is what produces fair settlements, and Kent prepares every case as if it will be tried. We will not push you toward trial unless you want to go.- Roughly 95% of cases settle before reaching a jury.
- Insurers pay more when your lawyer is willing and able to try the case.
- Kent has tried cases in Texas courtrooms since 1997, and defendants and insurers take the threat seriously.
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What if I was partially at fault?
You can still recover as long as you are 50% or less at fault. Texas uses modified comparative fault with a 51% bar: your award is reduced by your share of responsibility, and you are barred from recovery only if you are 51% or more at fault.- 50% or less at fault: you recover, minus your percentage of blame.
- 51% or more at fault: Texas law bars recovery.
- Insurers routinely over-blame injured people to push them past the 51% bar — challenging that assignment is core to the work.
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Do you handle cases in [city]?
Yes. We handle injury cases throughout the Dallas–Fort Worth metroplex, including all of Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker counties. Our office is in McKinney, but we travel to clients, hospitals, and homes throughout DFW. Start here: McKinney personal injury lawyer, or our Collin County personal injury attorney guide.
FAQ
Money and settlement
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How is my settlement calculated?
A fair settlement adds up several separate categories of loss. The total depends on the strength of the liability evidence, the at-fault party's insurance limits, and the venue where the case is filed. Anyone who quotes a number on the first call is guessing.- Medical expenses — past and future.
- Lost wages and lost earning capacity.
- Pain and suffering.
- Property damage.
- Punitive damages in egregious cases.
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What if my medical bills are higher than the at-fault driver's insurance limits?
This is one of the most common situations in serious-injury cases. Your own auto policy almost certainly has uninsured/underinsured motorist (UM/UIM) coverage that fills the gap — Texas requires insurers to offer UM/UIM, and most policies include it. We pull your declarations page and stack coverage where we can. If there are commercial defendants involved (truck, employer, vendor), their policies are typically far higher than personal-auto minimums. -
When do I actually get paid?
After settlement, the funds go into the firm's trust account, we pay the medical liens (negotiated down where possible), deduct case expenses and the contingency fee, and the balance goes to you. Total time from settlement agreement to client check is typically 30–60 days for routine cases. Cases involving Medicare or Medicaid liens take longer because federal lien resolution has its own timeline.
FAQ
Evidence, communication, and what NOT to do
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I waited a few weeks before going to a doctor — is my case dead?
Not dead, but harder. Insurance companies argue that gaps in treatment mean your injury wasn't really caused by the accident. We've handled this scenario many times — it requires explaining the gap (you tried to tough it out, you didn't have insurance, you were taking care of family). Honest explanations work. Don't wait any longer to get evaluated, and tell the doctor exactly when and how you were hurt. -
Should I post about the accident on social media?
No. Insurance defense investigators routinely scour Facebook, Instagram, TikTok, and X for posts that contradict your injury claims. A photo of you at a family BBQ — even with you sitting still — can be used to argue you weren't really hurt. Don't post about the accident, your injuries, your case, or your activities until the case resolves. Tell family members the same. -
The other driver's insurance company keeps calling — should I talk to them?
Politely decline and refer them to your lawyer. Anything you say to the at-fault driver's insurance carrier — even seemingly innocent things like 'I'm feeling a little better today' — gets recorded and used to reduce your settlement. They are not on your side. Their only job is to pay you as little as possible. Once you have a lawyer, all communication goes through us.
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