Accident and Injury FAQs

What Should I Know After a Car or Truck Accident?

Car accident claims often involve standard auto insurance policies. Truck and 18-wheeler accidents can involve federal trucking regulations and multiple potentially liable parties. The circumstances of each accident determine how the claim should be investigated and handled.

Are Rideshare Accidents Handled Differently?

Uber and Lyft accidents can involve different insurance coverage depending on whether the driver was logged into the app, waiting for a ride request, or transporting a passenger. These circumstances can affect which insurance policy applies.

What About Motorcycle and Pedestrian Accidents?

Motorcyclists and pedestrians may face disputes over fault after an accident. Under Texas comparative negligence law, an injured person may still recover damages when some fault is assigned to them, depending on the circumstances.

What Happens in Construction or Industrial Accident Cases?

These cases may involve falls, equipment failures, or other jobsite incidents. They can also involve workers’ compensation issues and multiple potentially responsible parties, including contractors, subcontractors, and equipment manufacturers.

Why Are Oilfield and Refinery Accidents a Specific Focus?

Houston has a large concentration of petrochemical and industrial facilities. Oilfield and refinery incidents, including burns, explosions, and toxic exposures, are part of the firm’s serious injury practice. Jonathan Herrera’s experience as an insurance adjuster also included industrial claims.

What Should I Know About the Brain, Spinal Cord, or Wrongful Death Cases?

Brain and spinal cord injuries can involve significant medical needs, long-term care, and lost earning capacity. Wrongful death claims may allow certain family members to seek damages after a fatal accident, depending on the circumstances.

What Is Premises Liability or Negligent Security?

Property owners may be responsible for injuries caused by unsafe property conditions or, in some cases, inadequate security when a criminal act occurs on the property. Liability depends on the specific facts and what the property owner knew or should have known.

Insurance Claim FAQs

Why Is the Insurance Company Involved in My Injury Claim?

Many personal injury claims are paid through insurance, whether the policy belongs to an at-fault driver, property owner, or employer. Insurance companies evaluate claims based on the available evidence and may dispute liability, coverage, or the amount of damages claimed.

What If My Insurance Claim Was Denied or Underpaid?

A denial or low settlement offer may not reflect the full value of a claim. Reviewing the insurer’s file and the reasons given for the decision can help identify the issues involved. See Homeowners Claim Denied or Underpaid for more information.

What Is an Insurance Coverage Dispute?

A coverage dispute can arise when an insurance company interprets policy language in a way that limits or denies coverage. Under Texas law, ambiguous policy language may be interpreted in favor of the policyholder, depending on the circumstances.

What Is Insurance Bad Faith?

Bad faith generally refers to conduct such as unreasonably denying a valid claim, failing to properly investigate a claim, or using unreasonable delay tactics. Texas law imposes specific requirements on insurance carriers when handling claims.

How Does Jonathan Herrera’s Background Help With Insurance Issues?

Before practicing law, Jonathan Herrera spent more than a decade as a licensed insurance adjuster handling high-exposure casualty and property claims. He later practiced insurance defense. This experience gives him insight into how insurance carriers evaluate claims and what documentation can affect their decisions.

Civil Litigation FAQs

What Kinds of Business Disputes Does Herrera PLLC Handle?

The firm handles breach of contract matters, contractor and subcontractor disputes, and construction defect claims. The firm represents contractors, property owners, suppliers, and other parties involved in commercial relationships.

How Are Construction Disputes Different From Other Business Litigation?

Construction disputes can involve multiple parties, including owners, general contractors, subcontractors, and suppliers. They may also involve technical questions about workmanship or defects that require expert review. Payment disputes may be subject to specific statutory requirements and deadlines under Texas law.

Does Jonathan Herrera’s Insurance Background Apply to Business Disputes?

It can. Commercial and construction disputes may involve insurance coverage questions, including whether a general liability policy applies to a particular claim. Jonathan Herrera’s experience evaluating coverage from the carrier side can be useful when an insurance issue is part of a business dispute.

Texas Personal Injury Law FAQs

How Long Do I Have to File a Claim in Texas?

Texas generally allows two years from the date of an injury to file a personal injury lawsuit and two years from the date of death for a wrongful death claim. Claims involving a government entity may have additional notice requirements and shorter deadlines.

What If I Was Partly at Fault for My Accident?

Texas follows a modified comparative negligence rule. An injured person may generally recover damages if they are not more than 50% responsible for the accident. Any damages awarded may be reduced based on their percentage of fault.

What Types of Damages Might Be Available?

Depending on the case, damages may include medical expenses, lost income, pain and suffering, and in some circumstances, punitive damages. The damages available depend on the facts and circumstances of each case.