Brother's old back injury exploded after icy Fort Worth crash, does he need a lawyer?
What the insurance company does not want you to know is this: a pre-existing back problem does not let them off the hook in Texas. If a winter crash on I-35W, Loop 820, or I-30 made an old injury dramatically worse, they still owe for the aggravation.
What should have happened right away: after the crash, he should have gotten checked out fast, told doctors the pain is worse than before, and made sure the records say exactly that. If police responded in Fort Worth, the Texas Peace Officer's Crash Report (CR-3) matters. Photos of vehicle damage, icy conditions, skid marks, and names of witnesses help shut down the usual "it was already there" insurance nonsense.
What to do now: if he has missed work, needs imaging, injections, surgery talk, or the insurer is already using his old MRI against him, this is the point where he likely does need a lawyer. Not for a scraped bumper. For a case where the insurer is setting up a denial.
Most Texas injury lawyers charge a contingency fee. That usually means no upfront fee, and they get a percentage only if money is recovered. He should ask exactly:
- the percentage
- whether it changes if a lawsuit is filed
- who pays case costs if the claim loses
- whether the lawyer has handled aggravation of pre-existing injury cases in Tarrant County
Red flags: promises of a big payout in the first call, pressure to sign immediately, dodging fee questions, or farming the case to a call-center firm.
What comes next: in Texas, the general deadline is 2 years for most injury claims. If the wreck involved a city truck or other government vehicle, notice deadlines can be much shorter. If it turns into a medical malpractice issue later, Texas has a $250,000 non-economic damages cap per defendant. If he already hired the wrong lawyer, he can usually fire them mid-case and switch; the fee dispute is between lawyers, not a reason to stay stuck.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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