Question 1

How much does it cost to hire a personal injury lawyer?

Accepted Answer

At Lovett & Murray, we work on a contingency fee basis, which means you pay absolutely nothing upfront and owe no attorney fees unless we win your case. This arrangement eliminates the financial barrier that prevents many injury victims from seeking legal help. Our contingency fee is a percentage of the settlement or verdict we secure on your behalf — if we don't recover money for you, you owe us nothing. During your free initial consultation, we'll evaluate your case, explain the fee structure in detail, and answer any questions you have. With over 50,000 cases handled and more than $150 million recovered, our track record speaks for itself. You can focus on recovering from your injuries while we handle the legal fight.

Question 2

What is a contingency fee and how does it work?

Accepted Answer

A contingency fee is a payment arrangement where your attorney's fees are contingent on — meaning dependent upon — winning your case. Instead of paying hourly rates or retainers upfront, you agree to pay your attorney a percentage of any settlement or jury award recovered. If no recovery is made, you owe nothing for legal fees. This system was designed to give everyone access to quality legal representation regardless of financial circumstances. The percentage varies but is typically agreed upon before representation begins. Additionally, case expenses such as filing fees, medical records, and expert witnesses are often advanced by the law firm and only reimbursed from the recovery. At Lovett & Murray, we believe no one should have to fight an insurance company alone simply because they can't afford an attorney. Call us at 915-757-9999 to discuss your case at no cost.

Question 3

How do I know if I have a valid personal injury case?

Accepted Answer

A valid personal injury case generally requires four elements: duty, breach, causation, and damages. Someone owed you a duty of care (for example, all drivers have a duty to drive safely), they breached that duty through negligence or recklessness, that breach directly caused your injury, and you suffered actual damages as a result — such as medical bills, lost wages, or pain and suffering. Not every accident results in a viable legal claim, but many injury victims underestimate the strength of their case. Insurance companies count on people not knowing their rights. The best way to determine whether you have a case is to speak with an experienced attorney. At Lovett & Murray, we offer a free, no-obligation consultation where we review the facts of your situation, assess the strength of your claim, and advise you on your legal options. With over 30 years of experience in El Paso and Las Cruces, we can quickly identify whether your case has merit.

Question 4

Can I switch attorneys if I'm unhappy with my current one?

Accepted Answer

Yes, you have the right to change attorneys at any time during your case. If your current attorney isn't returning your calls, isn't keeping you informed about your case, or you've lost confidence in their ability to represent you, you can hire a new attorney. The new firm will handle the transition, including notifying your previous attorney. Fee arrangements between the old and new attorney are typically resolved between the two firms so you don't pay double. At Lovett & Murray, we welcome clients who are seeking better representation. We'll review your case, explain your options, and handle the transfer seamlessly. Your case is too important to settle for an attorney who doesn't prioritize your needs.

Question 5

What should I bring to my first consultation?

Accepted Answer

To make the most of your free consultation, bring any documents related to your accident and injuries. This includes the police or incident report, photos of the accident scene and your injuries, insurance information (yours and the at-fault party's), medical records and bills related to your treatment, documentation of lost wages or time missed from work, any correspondence from insurance companies, and contact information for witnesses. Don't worry if you don't have everything — we can help you gather missing documentation. The most important thing is to come as soon as possible after your accident so we can preserve crucial evidence and protect your rights before important deadlines pass.

Question 6

Why should I choose Lovett & Murray over other law firms?

Accepted Answer

Lovett & Murray brings over 30 years of experience, more than 50,000 cases handled, and over $150 million recovered for our clients. But numbers only tell part of the story. When you hire us, you get direct access to your attorney — not a call center, not a paralegal handling your case. Robert Lovett founded this firm because he witnessed his own mother receive inadequate legal representation after a workplace injury. That experience drives everything we do. We're also one of the few firms in the region that is fully bilingual, serving the diverse El Paso and Las Cruces communities in both English and Spanish. We're licensed in both Texas and New Mexico, members of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum, and we have a proven track record of taking on major insurance companies and winning. Most importantly — you don't pay unless we win.

Question 7

What should I do immediately after an accident?

Accepted Answer

The steps you take immediately after an accident can make or break your case. First, call 911 if anyone is injured and make sure a police report is filed — this creates an official record of the incident. Move to safety if possible but don't leave the scene. Document everything: take photos and videos of the accident scene, vehicle damage, road conditions, traffic signals, and your visible injuries. Exchange information with all parties involved, including names, phone numbers, insurance details, and license plate numbers. Get contact information from any witnesses. Seek medical attention as soon as possible, even if you feel fine — many serious injuries like whiplash, concussions, and internal injuries don't show symptoms for hours or days. Follow all doctor's orders and keep records of every medical visit. Do not give a recorded statement to the other party's insurance company before speaking with an attorney. Finally, contact an experienced personal injury lawyer. Call Lovett & Murray at 915-757-9999 — we're available for a free consultation.

Question 8

How long do I have to file a personal injury claim in Texas?

Accepted Answer

In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. This means you must file a lawsuit within two years or you may permanently lose your right to seek compensation. However, there are important exceptions. Claims against government entities (such as the City of El Paso or TxDOT) have much shorter notice deadlines — sometimes as little as 6 months. For minors, the clock typically doesn't start until they turn 18. In cases involving delayed discovery of an injury, the deadline may be extended. Even though you have two years, it is critical to contact an attorney as soon as possible. Evidence disappears, witnesses forget details, and surveillance footage gets overwritten. The sooner we begin investigating your case, the stronger your claim will be.

Question 9

How long do I have to file a personal injury claim in New Mexico?

Accepted Answer

In New Mexico, the statute of limitations for personal injury cases is three years from the date of the accident. While this gives you one additional year compared to Texas, you should not wait to take action. Claims against New Mexico government entities — such as the City of Las Cruces or Doña Ana County — have a 90-day notice requirement under the New Mexico Tort Claims Act, which is significantly shorter. Missing this deadline can bar your claim entirely. As with all personal injury cases, the passage of time works against you. Physical evidence deteriorates, witnesses relocate, and medical records become harder to connect directly to the accident. We serve clients across Southern New Mexico from our Las Cruces office and can evaluate your claim at no cost. Call 915-757-9999.

Question 10

Should I talk to the other driver's insurance company?

Accepted Answer

We strongly advise against giving a recorded statement to the other driver's insurance company without first consulting an attorney. Insurance adjusters are trained professionals whose job is to minimize how much the company pays on your claim. They may ask questions designed to get you to admit partial fault, downplay your injuries, or make statements that contradict your medical records. They may seem friendly and concerned, but remember — they work for the insurance company, not for you. Politely decline to give a recorded statement and refer them to your attorney. You are only required to report the accident to your own insurance company, and even then, you should stick to the basic facts. Let your attorney handle all communications with the at-fault party's insurer to protect the full value of your claim.

Question 11

What if the accident was partially my fault?

Accepted Answer

You may still be entitled to compensation even if you were partially at fault. Texas follows a "modified comparative fault" rule under which you can recover damages as long as you are not more than 50% responsible for the accident. Your compensation is reduced by your percentage of fault — so if you're found 20% at fault and your damages are $100,000, you'd receive $80,000. If you're 51% or more at fault, you recover nothing under Texas law. New Mexico uses a "pure comparative fault" system, meaning you can recover damages regardless of your percentage of fault, though your award is reduced proportionally. Insurance companies frequently try to assign more blame to the injured party than is warranted. An experienced attorney can investigate the facts, gather evidence, and argue against unfair fault allocation. Don't assume you can't recover — let us evaluate your case.

Question 12

Do I need a police report to file a personal injury claim?

Accepted Answer

While a police report is not technically required to file a personal injury claim, it is extremely valuable evidence. The report documents key details — who was involved, what happened, road and weather conditions, witness statements, and often the officer's preliminary determination of fault. If a police report wasn't filed at the scene, you can still file a report with the El Paso Police Department or relevant agency within a few days. Even without a police report, you may still have a viable claim if you have other evidence such as photos, witness testimony, medical records, and surveillance footage. However, not having a report can make your case more challenging. That's why we always recommend calling 911 and requesting that officers respond to the scene, especially if anyone is injured or there is significant property damage.

Question 13

What compensation can I receive after a car accident?

Accepted Answer

After a car accident, you may be entitled to several types of compensation. Economic damages cover your quantifiable financial losses: medical expenses (emergency care, surgery, rehabilitation, medication, and future treatment), lost wages and reduced earning capacity, vehicle repair or replacement costs, and out-of-pocket expenses like transportation to medical appointments. Non-economic damages compensate you for intangible losses: physical pain and suffering, mental anguish, loss of enjoyment of life, disfigurement, and loss of consortium. In cases involving extreme negligence — such as a drunk driver — you may also be entitled to punitive damages designed to punish the wrongdoer. Every case is different, and the total value depends on the severity of your injuries, the impact on your daily life, and the evidence supporting your claim. Our attorneys carefully calculate the full scope of your damages to ensure nothing is overlooked.

Question 14

What if I was a passenger in the car during the accident?

Accepted Answer

As a passenger, you are almost never at fault for an accident, which typically makes your claim stronger. You can file a claim against the at-fault driver's insurance — and in some cases, against the driver of the car you were riding in if they share fault. If both drivers contributed to the accident, you may be able to recover from both insurance policies. If you were riding with a family member, understand that your claim is against their insurance policy, not against them personally. The same rights to compensation apply: medical expenses, lost wages, pain and suffering, and all other damages. Don't let the fact that you were a passenger discourage you from seeking the compensation you deserve. Contact Lovett & Murray to discuss your specific situation.

Question 15

What if I was hit by a drunk driver?

Accepted Answer

Being hit by a drunk driver strengthens your personal injury claim significantly. In addition to filing a civil lawsuit for your injuries, the drunk driver's criminal case is separate and does not prevent you from seeking compensation. You may be entitled to punitive damages — additional compensation designed to punish especially reckless behavior — on top of your standard economic and non-economic damages. You may also have a claim against the bar, restaurant, or establishment that over-served the drunk driver under Texas dram shop laws. Evidence from the criminal case — such as blood alcohol test results, police reports, and criminal court records — can be used to support your civil claim. Time is critical in drunk driving cases because BAC evidence and surveillance footage from bars can disappear quickly. If you or a loved one was injured by a drunk driver in El Paso or Las Cruces, call us immediately at 915-757-9999.

Question 16

What if the other driver fled the scene (hit and run)?

Accepted Answer

Hit-and-run accidents are frustrating, but you still have options for recovering compensation. First, report the incident to police immediately — they may be able to locate the driver through surveillance cameras, witnesses, or vehicle debris left at the scene. If the at-fault driver is identified, you can file a claim against their insurance. If they are never found, your own uninsured motorist (UM) coverage can step in to cover your medical bills, lost wages, and pain and suffering as if the other driver had no insurance. Texas law requires insurance companies to offer UM coverage, and we strongly recommend carrying it for situations exactly like this. An experienced attorney can help you navigate the UM claims process to maximize your recovery. Don't assume that because the other driver fled, you have no recourse — call Lovett & Murray for a free case evaluation.

Question 17

Can I still file a claim if I didn't see a doctor right away?

Accepted Answer

Yes, you can still file a claim, but delayed medical treatment can make your case more challenging. Insurance companies will argue that your injuries aren't serious or weren't caused by the accident if there is a gap between the accident date and your first medical visit. Many injuries — particularly soft tissue injuries, concussions, and internal injuries — don't show symptoms immediately. Adrenaline can mask pain for hours or even days. The longer you wait, however, the easier it becomes for the insurance company to dispute the connection between the accident and your injuries. If you haven't seen a doctor yet, go as soon as possible and be sure to tell them about the accident and all symptoms you're experiencing. An attorney can help establish the link between the accident and delayed-onset injuries using medical expert testimony and your treatment timeline.

Question 18

Should I accept the insurance company's first settlement offer?

Accepted Answer

Almost never. Insurance companies make low initial offers hoping you'll accept before understanding the full extent of your injuries and damages. The first offer rarely accounts for future medical treatment, ongoing rehabilitation, long-term pain and suffering, or diminished earning capacity. Once you accept a settlement and sign a release, you cannot go back and ask for more money — even if your injuries turn out to be more severe than initially thought. In our 30+ years of practice, we've seen first offers that are a fraction of what our clients ultimately received after proper negotiation or litigation. Before accepting any offer, consult with an experienced personal injury attorney who can evaluate whether the amount is fair based on the specifics of your case. At Lovett & Murray, we handle all negotiations on your behalf and won't recommend a settlement unless it truly reflects the full value of your claim.

Question 19

Why are truck accident cases more complex than car accidents?

Accepted Answer

Truck accident cases involve layers of complexity that standard car accident cases don't. Commercial trucks are regulated by the Federal Motor Carrier Safety Administration (FMCSA), which imposes strict rules on hours of service, maintenance schedules, driver qualifications, and cargo loading. Violations of these federal regulations can be powerful evidence of negligence. Multiple parties may share liability — the truck driver, the trucking company, the vehicle manufacturer, the cargo loading company, and maintenance providers. Trucking companies and their insurers deploy rapid response teams to the accident scene to gather evidence and protect their interests, often before the injured person has even left the hospital. The injuries in truck accidents tend to be catastrophic due to the massive size and weight difference between an 80,000-pound semi-truck and a passenger vehicle. These cases require an attorney with specific experience in trucking litigation who understands FMCSA regulations and knows how to preserve critical evidence like electronic logging devices (ELDs), black box data, and driver qualification files before they're destroyed.

Question 20

Who can be held liable in a truck accident?

Accepted Answer

Unlike a typical car accident where liability usually falls on one driver, truck accidents can involve multiple liable parties. The truck driver may be liable for fatigue, distraction, impairment, or traffic violations. The trucking company can be held responsible under the legal doctrine of respondeat superior (employer liability) or for their own negligence in hiring, training, supervising, or pressuring drivers to violate safety rules. The vehicle or parts manufacturer may be liable if a mechanical defect — such as faulty brakes, defective tires, or steering system failure — contributed to the crash. The cargo loading company can be liable if improperly loaded or unsecured cargo shifted and caused the driver to lose control. Third-party maintenance companies can be liable for negligent repairs. Identifying all responsible parties is critical to maximizing your recovery, and it requires thorough investigation. At Lovett & Murray, we have the resources to investigate complex trucking cases and hold every responsible party accountable.

Question 21

What federal regulations govern the trucking industry?

Accepted Answer

The FMCSA enforces extensive regulations that commercial truck drivers and trucking companies must follow. Hours of Service (HOS) rules limit how long a driver can operate before taking mandatory rest breaks — generally 11 hours of driving within a 14-hour window after 10 consecutive hours off duty. Electronic Logging Devices (ELDs) are required to track compliance. Driver qualification standards mandate minimum age requirements, valid CDL licensing, medical fitness certifications, and drug and alcohol testing. Maintenance and inspection requirements dictate regular vehicle inspections, repair documentation, and pre-trip and post-trip inspection reports. Cargo securement rules specify how freight must be loaded and secured to prevent shifting. Violations of any of these regulations can serve as strong evidence of negligence in your case. An experienced trucking accident attorney knows how to request and analyze these records to build the strongest possible case.

Question 22

What evidence is critical in a truck accident case?

Accepted Answer

Time-sensitive evidence is what makes truck accident cases unique. The truck's Electronic Logging Device (ELD) or onboard computer records hours driven, speed, braking patterns, and GPS location data. This "black box" data can prove the driver was speeding, fatigued, or failed to brake. However, trucking companies may overwrite or destroy this data if not preserved quickly. Driver qualification files contain the driver's employment history, CDL status, medical certifications, and drug/alcohol test results. Inspection and maintenance records can reveal whether the truck was properly maintained. Dispatch records can show whether the company pressured the driver to meet unrealistic delivery schedules. Surveillance footage from nearby businesses, dashcam recordings, and photos from the scene are also critical. Our firm sends immediate preservation letters to the trucking company to prevent destruction of evidence. In El Paso, where I-10 carries heavy commercial truck traffic, we handle these cases regularly and know exactly what evidence to pursue.

Question 23

What should I do after a commercial truck accident?

Accepted Answer

After a truck accident, your immediate priorities are safety and documentation. Call 911 and request police and medical assistance. If you can safely do so, photograph the truck (including the DOT number on the cab, the trucking company name, and any visible damage or debris), the accident scene, skid marks, and road conditions. Note the truck's license plate number. Get contact information from all witnesses. Seek medical attention immediately — truck accident injuries are often severe and may include traumatic brain injuries, spinal cord damage, broken bones, and internal bleeding. Do not speak with representatives from the trucking company or their insurance adjuster — they are not there to help you. Contact an experienced truck accident attorney as soon as possible. The trucking company will have their legal team and accident reconstruction experts on the scene quickly, and you need an advocate working just as fast to protect your interests and preserve evidence.

Question 24

Can I sue my employer if I'm injured at work in Texas?

Accepted Answer

It depends on whether your employer carries workers' compensation insurance. Texas is unique — it's the only state where employers can opt out of workers' comp. If your employer is a "subscriber" (carries workers' comp), you generally cannot sue them directly but can receive workers' comp benefits. If your employer is a "non-subscriber," you can file a personal injury lawsuit against them, and non-subscribers lose many legal defenses that are normally available. Regardless of your employer's workers' comp status, you may have a third-party claim against someone other than your employer whose negligence contributed to your injury — such as a subcontractor, equipment manufacturer, or property owner. These third-party claims are not limited by workers' comp restrictions and can recover full damages including pain and suffering. At Lovett & Murray, we evaluate every workplace injury case to identify all potential sources of recovery.

Question 25

What is a third-party claim in a workplace injury case?

Accepted Answer

A third-party claim is a lawsuit filed against someone other than your employer whose negligence caused or contributed to your workplace injury. For example, if you were injured operating a defective piece of machinery, you could file a product liability claim against the manufacturer. If a subcontractor's negligence on a construction site caused your injury, you can sue the subcontractor. If you were injured in a car accident while driving for work, you can file a claim against the other driver. Third-party claims are important because they allow you to recover damages beyond what workers' compensation provides — including pain and suffering, full lost wages, and punitive damages in some cases. Our attorneys thoroughly investigate every workplace injury to determine whether a viable third-party claim exists, because this can significantly increase your total recovery.

Question 26

How soon do I need to report a workplace injury?

Accepted Answer

In Texas, you should report a workplace injury to your employer within 30 days of the accident or the date you knew the injury was work-related. Failure to report within this timeframe can jeopardize your workers' compensation benefits. In New Mexico, the reporting deadline is 15 days for workers' comp claims. However, we strongly recommend reporting any workplace injury immediately — the same day if possible. Prompt reporting creates a contemporaneous record linking your injury to the workplace, making it harder for the employer or their insurer to later deny the claim. Report the injury in writing if you can, and keep a copy for your records. Also seek medical treatment right away and tell the doctor your injury happened at work. Delaying either the report or the medical treatment gives the insurance company ammunition to argue your injury wasn't serious or wasn't work-related.

Question 27

What if I was injured on a construction site?

Accepted Answer

Construction site injuries often involve multiple potential defendants and complex liability questions. OSHA (the Occupational Safety and Health Administration) sets strict safety standards for construction sites, and violations of these standards are strong evidence of negligence. Common construction site injuries include falls from scaffolding or ladders, being struck by falling objects, electrocution, trench collapses, and crane accidents. Beyond workers' compensation, you may have claims against the general contractor, subcontractors, property owners, equipment manufacturers, and safety equipment suppliers. Construction sites in the El Paso area — including commercial development projects, highway construction on I-10, and military construction near Fort Bliss — present unique hazards. Our attorneys understand OSHA regulations and construction industry practices, enabling us to identify all responsible parties and pursue the maximum compensation for your injuries.

Question 28

Why do insurance companies deny personal injury claims?

Accepted Answer

Insurance companies are for-profit businesses, and every dollar they pay on claims reduces their bottom line. Common reasons for denying or undervaluing claims include: disputing liability (arguing you were at fault or more at fault than you actually were), questioning the severity of your injuries, claiming your injuries were pre-existing rather than caused by the accident, arguing that your medical treatment was unnecessary or excessive, pointing to gaps in medical treatment as evidence that your injuries aren't serious, and using technicalities like missed deadlines or paperwork errors to deny coverage. Insurance adjusters are trained negotiators who handle hundreds of claims — they know every tactic to minimize payouts. This is exactly why having an experienced attorney is so important. At Lovett & Murray, we've spent over 30 years fighting insurance company tactics and we know how to counter every one of them.

Question 29

What is uninsured/underinsured motorist (UM/UIM) coverage?

Accepted Answer

Uninsured motorist (UM) coverage pays for your injuries and damages when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage kicks in when the at-fault driver's insurance limits are not enough to cover your total damages. In Texas, insurance companies are required by law to offer UM/UIM coverage, though you can reject it in writing. We strongly recommend carrying UM/UIM coverage at the highest limits you can afford. Texas has a high rate of uninsured drivers — some estimates suggest over 14% of Texas drivers lack insurance. In the El Paso border region, this rate can be even higher. UM/UIM coverage protects you and your family when an uninsured or underinsured driver causes an accident. If you need to make a UM/UIM claim, an attorney can help — insurance companies sometimes resist paying on these claims even though it's your own policy.

Question 30

Should I give a recorded statement to the insurance company?

Accepted Answer

No — you should not give a recorded statement to the other party's insurance company without first speaking to an attorney. Recorded statements are used to lock you into specific answers that the insurance company can later use against you. Adjusters may ask leading questions designed to get you to minimize your injuries ("You're feeling better now, aren't you?"), admit fault ("You didn't see them until the last second, right?"), or provide inconsistencies that undermine your credibility. You are not legally required to give a recorded statement to the at-fault driver's insurance company. Even when dealing with your own insurer, be cautious — stick to basic facts and avoid speculating about your injuries or the accident cause. The best approach is to have your attorney handle all insurance communications on your behalf.

Question 31

What does 'bad faith' insurance mean?

Accepted Answer

Bad faith occurs when an insurance company unreasonably denies, delays, or underpays a valid claim. Insurance companies have a legal duty to act in good faith and deal fairly with their policyholders. Examples of bad faith include denying a claim without conducting a reasonable investigation, offering significantly less than the claim is worth, unreasonably delaying payment, failing to communicate claim decisions promptly, misrepresenting policy provisions to avoid paying a claim, and threatening or intimidating a claimant. Both Texas and New Mexico have laws that allow you to take legal action against an insurance company that acts in bad faith. In Texas, the Insurance Code allows recovery of additional damages, penalties, and attorney's fees when an insurer engages in unfair practices. If you believe your insurance company is acting in bad faith, consult with an attorney right away.

Question 32

Can I handle my insurance claim without a lawyer?

Accepted Answer

Technically, yes — but it's rarely advisable for anything beyond minor fender-benders with no injuries. Studies consistently show that accident victims who hire attorneys receive significantly higher settlements than those who negotiate on their own, even after attorney fees are deducted. Insurance companies know that unrepresented claimants are at a disadvantage — they don't know the full value of their claim, they don't understand the legal process, and they're more likely to accept a low offer out of frustration or financial pressure. When you handle your own claim, you're negotiating against professionals who do this every day. An attorney levels the playing field by understanding the true value of your damages, knowing the applicable laws, handling all paperwork and deadlines, and being willing to go to trial if necessary. With our contingency fee arrangement at Lovett & Murray, you have nothing to lose by having professional representation.

Question 33

What types of damages can I recover in a personal injury case?

Accepted Answer

Personal injury damages fall into three categories. Economic damages are your measurable financial losses: past and future medical expenses, lost wages, diminished earning capacity, property damage, and out-of-pocket costs like transportation and home modifications. Non-economic damages compensate for intangible losses: physical pain and suffering, mental anguish, emotional distress, loss of enjoyment of life, loss of consortium (impact on your relationship with your spouse), and physical disfigurement or impairment. Punitive damages are available in cases involving gross negligence or intentional misconduct — they're designed to punish the wrongdoer and deter similar behavior. Texas caps punitive damages at the greater of $200,000 or twice the amount of economic damages plus up to $750,000 in non-economic damages. Our attorneys meticulously document every category of damage to build the strongest possible case for maximum compensation.

Question 34

How are medical bills handled in a personal injury case?

Accepted Answer

Your medical bills are a critical component of your claim. Many personal injury clients worry about how to pay for treatment while their case is pending. Several options exist: your health insurance can cover treatment (and will be reimbursed from your settlement through subrogation), some doctors accept patients on a lien basis (meaning they agree to wait for payment from your settlement), and your attorney can help coordinate medical treatment to ensure you receive proper care without financial stress. It's important to keep records of every medical expense, including emergency room visits, surgeries, prescription medications, physical therapy, chiropractic care, mental health treatment, and any medical devices or assistive equipment. Future medical costs — such as ongoing therapy or surgeries — are also recoverable. Your attorney will work with medical experts to calculate the full lifetime cost of your injury-related medical care.

Question 35

What are 'pain and suffering' damages?

Accepted Answer

Pain and suffering damages compensate you for the physical pain, emotional distress, and diminished quality of life caused by your injuries. Unlike medical bills or lost wages, pain and suffering doesn't come with a receipt — it's subjective, which is why insurance companies often try to minimize it. Pain and suffering includes physical discomfort from your injuries and treatment, emotional impacts like anxiety, depression, PTSD, and fear, loss of ability to enjoy hobbies and activities you loved before the accident, sleep disturbances, strain on personal relationships, and the overall reduction in your quality of life. There is no fixed formula for calculating pain and suffering in Texas or New Mexico. Factors that influence the amount include the severity and permanence of your injuries, the impact on your daily activities, the duration of your recovery, and the credibility of your testimony. Our attorneys use medical records, expert testimony, and compelling presentation to ensure your pain and suffering is valued fairly.

Question 36

Will my personal injury case go to trial?

Accepted Answer

The vast majority of personal injury cases — roughly 95% — settle before trial. However, the willingness and ability to go to trial is what gives your case leverage during settlement negotiations. Insurance companies know which attorneys actually take cases to court and which ones always settle. At Lovett & Murray, we prepare every case as if it's going to trial, and we have a proven track record of courtroom success. This preparation and reputation strengthens your negotiating position significantly. If the insurance company refuses to offer a fair settlement, we won't hesitate to take your case before a jury. The timeline for a case that goes to trial is longer — typically 12 to 24 months or more — but the result is often a larger award than what was offered in settlement. We'll advise you on the risks and benefits of trial versus settlement so you can make the best decision for your situation.

Question 37

Is there a cap on personal injury damages in Texas?

Accepted Answer

For most personal injury cases in Texas, there is no cap on economic or non-economic damages. You can recover the full value of your medical expenses, lost wages, pain and suffering, and other losses without a statutory limit. However, there are caps on punitive (exemplary) damages in Texas. Punitive damages are limited to the greater of: (1) twice the amount of economic damages plus an amount equal to non-economic damages up to $750,000, or (2) $200,000. There are also caps that apply in medical malpractice cases under Texas Civil Practice & Remedies Code Chapter 74, which limits non-economic damages to $250,000 per healthcare provider and $500,000 overall. Standard personal injury cases arising from car accidents, truck crashes, premises liability, and other negligence claims are not subject to these medical malpractice caps. New Mexico does not have a general cap on personal injury damages but does have caps for medical malpractice and governmental liability claims.

Question 38

Does my immigration status affect my right to file a personal injury claim?

Accepted Answer

No. Your immigration status has absolutely no bearing on your right to file a personal injury claim or receive compensation in the United States. Federal and state courts have consistently held that all persons — regardless of citizenship or documentation status — have the right to seek justice when they are injured by someone else's negligence. The at-fault party's insurance company cannot ask about your immigration status, and it is not relevant to your claim. At Lovett & Murray, we serve the diverse El Paso border community with a fully bilingual team. We understand the unique concerns immigrants face and maintain strict confidentiality regarding all client information. We've helped thousands of immigrant families recover compensation for their injuries, and we treat every client with dignity and respect. Your immigration status will not be shared with any government agency. Don't let fear prevent you from seeking the justice you deserve — call us at 915-757-9999.

Question 39

I'm active-duty military at Fort Bliss. Can I file a personal injury claim?

Accepted Answer

Yes. Active-duty military personnel, reservists, and their families who are injured in off-base accidents have the same right to file personal injury claims as any civilian. If you were injured in a car accident, truck accident, or other incident caused by a civilian's negligence while off-base, you can pursue a claim against the at-fault party. However, injuries that occur on-base or during the course of military duties are typically covered by the Federal Tort Claims Act or military-specific remedies and may involve different procedures. The Feres Doctrine prevents service members from suing the federal government for injuries "incident to service," but this does not apply to claims against civilian third parties. We understand the unique challenges military families face — frequent deployments, PCS moves, and navigating both military and civilian systems. Our firm is located near Fort Bliss and has extensive experience representing military families throughout the El Paso region. We'll work around your military schedule and ensure your rights are fully protected.

Question 40

Can I file a wrongful death claim if my loved one died in an accident?

Accepted Answer

Yes. Texas law allows the surviving spouse, children, and parents of the deceased to file a wrongful death lawsuit when someone's negligence or intentional act causes a death. A wrongful death claim can recover damages including loss of financial support, loss of companionship, love, and guidance, mental anguish and emotional suffering of surviving family members, loss of inheritance, and funeral and burial expenses. Texas also recognizes a separate "survival" action brought on behalf of the deceased's estate, which can recover damages the deceased person would have been entitled to — such as pain and suffering experienced between the injury and death, and medical expenses. The statute of limitations for wrongful death in Texas is two years from the date of death. These are among the most emotionally difficult cases we handle, and we approach them with the compassion and sensitivity your family deserves while aggressively pursuing the maximum compensation. Call us at 915-757-9999 for a confidential consultation.

Question 41

What if a child was injured in the accident?

Accepted Answer

When a child is injured in an accident, a parent or legal guardian can file a personal injury claim on the child's behalf. Children's cases have special considerations under Texas law. The statute of limitations is "tolled" (paused) for minors, meaning the two-year clock doesn't start until the child turns 18 — giving them until age 20 to file suit. However, waiting is not advisable because evidence disappears and memories fade over time. Any settlement involving a minor must be approved by a court to ensure it is in the child's best interest. Settlement funds are typically placed in a structured account or trust until the child reaches adulthood. Children may be entitled to additional damages for the impact injuries have on their development, education, and future opportunities. Our attorneys handle children's injury cases with particular care, working closely with pediatric medical experts to fully document the long-term impact of the child's injuries.

Question 42

Can I file a claim for a dog bite injury in Texas?

Accepted Answer

Yes. Texas follows a "one bite" rule combined with general negligence principles for dog bite cases. A dog owner can be held liable if they knew or should have known their dog had a tendency to bite or act aggressively — this doesn't literally require a previous bite, but evidence that the owner was aware of the dog's dangerous propensities. Additionally, an owner can be liable under general negligence if they failed to exercise reasonable care in controlling their dog, such as allowing it to roam freely in violation of local leash laws. Dog bite injuries can be severe, particularly for children, and can result in significant medical expenses for emergency treatment, reconstructive surgery, and psychological counseling. El Paso and Las Cruces both have local ordinances regarding dog control that can support your claim. Compensation can include medical expenses, scarring and disfigurement, pain and suffering, emotional trauma, and lost wages. Contact Lovett & Murray for a free evaluation of your dog bite case.

Question 43

Can I sue for injuries caused by a defective product?

Accepted Answer

Yes. Under Texas product liability law, you can hold manufacturers, distributors, and retailers responsible when a defective product causes injury. There are three types of product defects: design defects (the product's design is inherently dangerous), manufacturing defects (an error during production made the specific product dangerous), and marketing defects (inadequate warnings or instructions about the product's risks). You don't need to prove the manufacturer was negligent — Texas applies "strict liability" in many product defect cases, meaning you only need to show the product was defective and the defect caused your injury. Common product liability cases involve defective auto parts (tires, airbags, seat belts), dangerous pharmaceutical drugs, faulty medical devices, defective household appliances, and dangerous children's products. These cases often require expert witnesses in engineering, manufacturing, or medicine. Lovett & Murray has the resources and experience to take on major manufacturers and their legal teams. Call 915-757-9999 for a free case evaluation.

Question 44

What if I slipped and fell at a business or on someone's property?

Accepted Answer

Property owners and businesses have a legal duty to maintain reasonably safe conditions for visitors. If you slipped and fell due to a hazardous condition — such as a wet floor without warning signs, broken stairs, uneven pavement, poor lighting, or loose flooring — you may have a premises liability claim. To succeed, you generally need to prove that the property owner knew or should have known about the dangerous condition and failed to fix it or warn visitors about it. Evidence is critical in slip and fall cases: photograph the hazard, your injuries, and the surrounding area. Report the incident to the store manager and ask for a copy of the incident report. Get names and contact information from any witnesses. Seek medical attention immediately, even if you think your injuries are minor — falls can cause concussions, broken bones, back injuries, and torn ligaments that may not be immediately apparent. Don't assume the fall was your fault — contact an attorney to evaluate your case.

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