Question 1

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

Accepted Answer

You likely have a claim if someone else's negligence caused your injury. In legal terms, a personal injury case generally requires four things: the other party owed you a duty of care, they breached that duty, the breach caused your injury, and you suffered real damages as a result.For example, every driver has a duty to drive safely; a driver who runs a red light and hits you has breached that duty. A property owner has a duty to keep their premises reasonably safe. When that duty is broken and you're hurt because of it, you may be entitled to compensation.The clearest way to know is a free consultation.

Question 2

What compensation can I recover?

Accepted Answer

Depending on your case, you may recover both economic and non-economic damages.Economic damages cover measurable financial losses: past and future medical bills, lost wages, reduced earning capacity, and property damage. Non-economic damages cover the human cost: physical pain, mental anguish, disfigurement, and loss of enjoyment of life. In cases involving especially reckless or malicious conduct, Texas law may also allow exemplary (punitive) damages.

Question 3

Can I still recover if the accident was partly my fault?

Accepted Answer

In most cases, yes — as long as you were not more than 50% responsible. Texas follows a "proportionate responsibility" rule (sometimes called modified comparative negligence). Your compensation is reduced by your percentage of fault, and if you are found more than 50% at fault, you recover nothing.For example, if your damages are $100,000 and you're found 20% at fault, you would recover $80,000. Insurance companies know this rule and often try to shift blame onto you to reduce or eliminate what they owe. Part of the firm's job is to push back on unfair blame and keep your share of responsibility as low as the facts allow.

Question 4

What mistakes could hurt my injury claim?

Accepted Answer

Insurers watch for reasons to reduce what they pay. A few things that can cost you:Giving a recorded statement to the other side's insurer before speaking with an attorneyAccepting a first settlement offer before you know the full extent of your injuriesDelaying medical treatment, which lets the insurer argue you weren't really hurtPosting about the accident or your activities on social mediaNot keeping records of bills, missed work, and medical visitsIf you've already done one of these, it doesn't necessarily end your case — but it's a good reason to talk to an attorney promptly.

Question 5

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

Accepted Answer

In most Texas personal injury cases, you have two years from the date of the injury to file a lawsuit, under the Texas statute of limitations. If you miss that deadline, you generally lose the right to recover anything, no matter how strong your case is. A few situations can shorten or extend the deadline — for example, claims against a government entity require much earlier written notice.Because evidence also disappears quickly — vehicles get repaired, surveillance video is erased, witnesses forget — it's wise to speak with an attorney as soon as possible.

Question 6

Do I have to pay attorney fees up front for an injury case?

Accepted Answer

It depends on the type of case. Many personal injury cases are handled so that the client does not pay attorney fees unless there is a recovery. The firm will explain the fee arrangement clearly during your consultation before you decide anything.

Question 7

What Should I Do After a Car Accident in Texas?

Accepted Answer

Seek medical care, report the crash, document the scene if you safely can, and be cautious about statements to insurers. Texas is an at-fault state, which means the driver who caused the crash — and their insurer — is generally responsible for the resulting losses.

Question 8

How Long Do I Have to File After a Crash?

Accepted Answer

In most Texas cases, two years from the date of the collision. Waiting risks losing the right to sue and makes evidence harder to preserve.

Question 9

What If the Other Driver Was Uninsured?

Accepted Answer

You may still have options, including your own uninsured/underinsured motorist coverage. If your own insurer then delays or denies a valid claim, that can raise a separate bad-faith issue — an area this firm also handles.

Question 10

What Can I Recover After a Truck or Car Accident?

Accepted Answer

Depending on the case, recovery may include medical bills, lost wages, future care, vehicle damage, and pain and suffering. Truck cases often involve additional responsible parties, such as trucking companies, which can affect how a claim is pursued.

Question 11

What Is Premises Liability in Texas?

Accepted Answer

Premises liability is a property owner's legal responsibility for injuries caused by unsafe conditions on their property. To recover, an injured person generally must prove the owner was negligent — not merely that an injury happened on the property.

Question 12

Does the Property Owner Always Owe Me a Duty of Care?

Accepted Answer

Not always — in Texas the duty depends on why you were on the property. Texas law recognizes three categories of visitor:Invitee — someone on the property for the mutual benefit of both parties, such as a store customer. Owners owe invitees the highest duty: to exercise ordinary care, which includes inspecting for and addressing hazards they knew about or should have found through reasonable inspection.Licensee — someone on the property with permission but for their own purposes, such as a social guest. Owners must warn of, or make safe, hidden dangers they actually know about.Trespasser — someone without permission. Owners generally owe only a duty not to injure them willfully, wantonly, or through gross negligence.

Question 13

What About Children Injured on a Property?

Accepted Answer

Texas recognizes the attractive-nuisance doctrine: when a property has a feature likely to draw children who can't appreciate its danger — an unfenced swimming pool, construction equipment — the owner may owe a heightened duty to take reasonable steps, such as fencing, to keep trespassing children safe.

Question 14

What Are the Most Common Premises Liability Cases?

Accepted Answer

Slip-and-falls on wet or uneven surfaces, inadequate lighting, falling objects, broken stairs or floors, and inadequate security.

Question 15

What Is a Dram Shop Claim in Texas?

Accepted Answer

A dram shop claim lets a person injured by an intoxicated patron seek compensation from the licensed establishment that served the alcohol. In Texas, this is governed exclusively by Chapter 2 of the Texas Alcoholic Beverage Code — you cannot sue a provider for over-serving under ordinary negligence.

Question 16

When Can a Bar or Restaurant Be Held Liable?

Accepted Answer

Two things generally must be true at the moment alcohol was served: the patron was "obviously intoxicated to the extent that he presented a clear danger to himself and others," and that intoxication was a proximate cause of the injuries. "Obviously intoxicated" means visible, apparent impairment — not merely a blood alcohol level measured later.

Question 17

Who Counts as a "Provider"?

Accepted Answer

Any business licensed or permitted to sell or serve alcohol — bars, restaurants, clubs, hotels, liquor stores, and similar establishments. Texas generally does not extend dram shop liability to social hosts. One important exception: an adult who knowingly serves alcohol to a minor under 18 can face liability for the resulting harm, without the "obvious intoxication" showing.

Question 18

Has the Law Changed Recently?

Accepted Answer

Yes. In 2025, the Texas Supreme Court's decision in Raoger Corporation v. Myers raised the evidentiary bar for proving a dram shop claim, making the strength of the underlying evidence — witness accounts, receipts, video, and expert analysis — more important than ever. Building that record early is critical.

Question 19

How Long Do I Have to File?

Accepted Answer

Dram shop claims in Texas are generally subject to a two-year deadline from the date of the injury. Evidence at bars and restaurants can disappear quickly, so acting promptly matters.

Question 20

Can I Sue if I'm Already Getting Workers' Compensation?

Accepted Answer

Often, yes. Texas law lets injured construction workers pursue a third-party claim against parties other than their direct employer — such as a general contractor, subcontractor, property owner, or equipment manufacturer whose negligence contributed to the injury — even while receiving workers' compensation. On a busy site, there are frequently several such parties.

Question 21

What If My Employer Doesn't Carry Workers' Comp?

Accepted Answer

Texas is the only state that does not require private employers to carry workers' compensation. If your employer is a "nonsubscriber," you may be able to sue the employer directly for negligence — and nonsubscribers lose several of the legal defenses they would otherwise have, which can strengthen an injured worker's position.

Question 22

What Are the Most Common Construction Accidents?

Accepted Answer

OSHA's "Fatal Four" account for most construction deaths: falls, struck-by incidents, electrocutions, and caught-in or caught-between accidents. Falls from scaffolding, roofs, and elevated platforms are the single leading cause. OSHA fall-protection standards apply above six feet on construction sites, and a violation can be powerful evidence of negligence.

Question 23

Why Does Austin Have So Many Construction Injuries?

Accepted Answer

Austin's building boom — along the I-35 corridor, the Domain, and downtown — brings many contractors and trades onto the same sites at once. That complexity raises both the risk of accidents and the likelihood that a third party, not just your direct employer, shares responsibility.

Question 24

What Can I Recover?

Accepted Answer

Beyond what workers' comp provides, a third-party or nonsubscriber claim may allow recovery for full lost wages and earning capacity, pain and mental anguish, physical impairment and disfigurement, and — where the conduct was egregious — exemplary (punitive) damages.

Question 25

Who Can File a Wrongful Death Claim in Texas?

Accepted Answer

Under the Texas Wrongful Death Act, the surviving spouse, children, and parents of the deceased may bring a claim, individually or together. If they do not file within a certain period, the estate's personal representative may be able to.

Question 26

What Can a Family Recover?

Accepted Answer

Depending on the case, recovery may include lost financial support, lost companionship, mental anguish, and funeral expenses. A related survival claim may allow recovery for the deceased's own losses before death.

Question 27

How Long Do We Have to File?

Accepted Answer

Wrongful death claims in Texas are generally subject to a two-year deadline, with limited exceptions. Because these cases are time-sensitive and evidence-dependent, it helps to speak with an attorney early.

Question 28

What Is the Difference Between a Wrongful Death and a Survival Claim?

Accepted Answer

A wrongful death claim compensates surviving family members for their own losses, such as lost support and companionship. A survival claim, by contrast, belongs to the deceased person's estate and covers the losses the person suffered before death, such as their own pain and medical expenses. The two are often pursued together.

Question 29

What Is Post-Judgment Collection?

Accepted Answer

Winning a judgment is only half the battle — collecting on it is a separate process. Post-judgment collection uses legal tools to turn a court judgment into actual recovery, which can involve locating assets, liens, and other enforcement mechanisms available under Texas law.

Question 30

What Is a Receivership, and When Is One Used?

Accepted Answer

A receiver is a neutral party a court appoints to take control of, preserve, or manage property or a business — often to protect assets or satisfy a judgment. The firm serves as a receiver in complex commercial debt-collection matters, assisting both creditors and consumers who have been defrauded.

Question 31

Who Does the Firm Represent in These Matters?

Accepted Answer

The firm represents both creditors and consumers on commercial and post-judgment matters, while maintaining a policy of not representing creditors against mainstream consumers. That distinction reflects the firm's broader consumer-protection focus.

Question 32

What Kinds of Commercial Disputes Does the Firm Handle?

Accepted Answer

Commercial contract disputes, business-debt collection on non-consumer debt, and related litigation. Because Brent Devere is board certified in both commercial and consumer law, the firm can handle matters that cross between the two.

Question 33

What Is the FDCPA?

Accepted Answer

The Fair Debt Collection Practices Act is a federal law that prohibits abusive, deceptive, and unfair debt-collection practices by third-party collectors. Texas adds its own protection through the Texas Debt Collection Act (Finance Code Chapter 392), which covers both original creditors and third-party collectors.

Question 34

What Can I Recover If a Collector Breaks the Law?

Accepted Answer

Under the FDCPA you may recover up to $1,000 in statutory damages per lawsuit — regardless of whether you suffered provable financial harm — plus actual damages and your attorney's fees and court costs. Because the collector pays the fees, these cases are often handled at no upfront cost to the consumer.

Question 35

How Long Can a Collector Sue Me in Texas? (Time-Barred Debt)

Accepted Answer

In Texas, the statute of limitations on most consumer debt is four years, generally running from the date of default or last payment. Once that passes, the debt is "time-barred" and a collector generally cannot win a lawsuit if you raise limitations as a defense. Suing on, or threatening to sue on, time-barred debt can itself violate the law.

Question 36

Can Making a Payment Restart the Clock?

Accepted Answer

In Texas, no — this is a protection stronger than many states. Under Texas Civil Practice & Remedies Code § 16.065, a partial payment or acknowledgment of a time-barred consumer debt does not restart the four-year limitations period. Still, talk to an attorney before paying or putting anything in writing about an old debt.

Question 37

What Are Common Collector Violations?

Accepted Answer

Calling before 8 a.m. or after 9 p.m., continuing to contact you after you've said to stop in writing, contacting you at work after being told not to, misrepresenting the amount or status of a debt, and threatening action they cannot legally take.

Question 38

Can I sue a debt collector for harassment?

Accepted Answer

Yes. Under the federal Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from abusive, deceptive, and unfair practices. If a collector has violated the law, you may be entitled to recover damages, and the collector may have to pay your attorney's fees.

Question 39

There's a mistake on my credit report. Can a lawyer help?

Accepted Answer

Yes. Under the federal Fair Credit Reporting Act (FCRA), credit reporting agencies must follow reasonable procedures for accuracy and must investigate disputes. When an agency reports inaccurate information and fails to fix it, you may have a claim to correct your credit and recover damages.

Question 40

Do I Actually Have a Consumer Case?

Accepted Answer

You may, if a business, debt collector, or insurer treated you unfairly and it cost you money. The clearest signs are a collector breaking the rules, a company misrepresenting a product or service you paid for, or your own insurer denying a valid claim. The surest way to know is a free consultation — many consumer claims have short deadlines, so it's worth asking early.

Question 41

What Are Bankruptcy Exemptions?

Accepted Answer

Exemptions are categories of property the law lets you protect from being taken to pay creditors in bankruptcy. Property that fits within an exemption is generally safe, which is why many Chapter 7 filers keep most or all of what they own.

Question 42

Can I Keep My House in a Texas Bankruptcy?

Accepted Answer

Usually, yes. Texas is known for its especially strong homestead exemption, which protects a qualifying primary residence to a degree few other states match. Whether and how it applies depends on your specific situation, which an attorney can review with you.

Question 43

Can I Keep My Car?

Accepted Answer

Often, yes. Texas provides a personal-property exemption that commonly covers a vehicle, along with household goods and certain other property, up to statutory limits. Retirement accounts and many benefits are frequently protected as well.

Question 44

Should I Use Texas or Federal Exemptions?

Accepted Answer

Filers in Texas can generally choose between the Texas exemption scheme and the federal exemption scheme, but not mix them. Which one protects more depends on what you own — this is one of the most important early decisions in a case, and it's where an attorney's judgment matters.

Question 45

What Does Chapter 7 Bankruptcy Do?

Accepted Answer

Chapter 7 lets eligible individuals discharge many unsecured debts and get a financial fresh start. Although it is technically a liquidation, many filers keep most or all of their property using available exemptions.

Question 46

Will I Lose My Home and Car?

Accepted Answer

Often, no. Texas has relatively generous exemptions that allow many filers to keep their homestead and vehicle. Whether you keep a specific asset depends on your circumstances, which an attorney can review with you.

Question 47

Am I Eligible for Chapter 7?

Accepted Answer

Eligibility depends on income and other factors, often assessed through a means test. An attorney can help you evaluate whether Chapter 7 or another chapter fits your situation.

Question 48

What Debts Does Chapter 7 Not Erase?

Accepted Answer

Certain debts generally survive a Chapter 7 discharge, including most student loans, recent taxes, child support and alimony, and debts from fraud. Understanding which of your debts are dischargeable is part of what an attorney evaluates before you file.

Question 49

Will bankruptcy let me keep my home and car?

Accepted Answer

Often, yes. Chapter 7 bankruptcy uses exemptions that allow many filers to keep most or all of their property, and Texas has relatively generous exemptions. Whether you keep a specific asset depends on your circumstances, which an attorney can review with you. (The Law Offices of Brent Devere is a debt relief law firm that helps people file under the U.S. Bankruptcy Code.)

Question 50

What Counts as Real Estate Fraud in Texas?

Accepted Answer

Real estate fraud generally involves a false representation about a property — or the concealment of a material defect — that another party relies on to their detriment in a transaction. Common examples include hiding known foundation or water damage, misstating boundaries or square footage, forged documents, and title fraud.

Question 51

What Laws Apply to Property Fraud?

Accepted Answer

Depending on the facts, a claim may arise under Texas's statutory fraud provision for real estate transactions (Business & Commerce Code § 27.01), common-law fraud, and the Texas Deceptive Trade Practices Act. Because these overlap, an attorney board certified in both real estate and consumer law can pursue the strongest available combination.

Question 52

What Can I Recover?

Accepted Answer

Depending on the claim, recovery may include actual damages, and — where statutory or DTPA violations are proven — additional or exemplary damages and attorney's fees. The specific remedies depend on which legal theory fits the facts.

Question 53

What Should I Do if I Suspect Fraud in My Property Deal?

Accepted Answer

Preserve every document and communication — the listing, disclosures, contract, inspection reports, and messages — and avoid signing releases before you understand your rights. A free consultation can help determine whether what happened rises to actionable fraud.

Question 54

What Is a Contract for Deed?

Accepted Answer

A contract for deed (also called an executory contract or "owner financing") is an arrangement in which a buyer pays the seller in installments and does not receive legal title until the balance is paid in full. The seller keeps title in the meantime, which is what creates the buyer's risk.

Question 55

Why Do Contract-for-Deed Disputes Happen?

Accepted Answer

Because the buyer builds equity while holding no title, problems arise if the seller defaults on an underlying mortgage, places a lien on the property, sells it to someone else, or tries to cancel the contract and keep the payments. Buyers can find themselves having paid for years with nothing recorded in their name.

Question 56

What Protections Do Texas Buyers Have?

Accepted Answer

Texas has enacted specific statutory protections for these arrangements — including seller disclosure and conversion requirements — because of the history of abuse in contract-for-deed sales. An attorney can explain which protections apply to your situation and what remedies may be available if the seller violated them.

Question 57

What About Lease-Option Agreements?

Accepted Answer

A lease-option gives a tenant the right to buy the property later, often with a portion of rent credited toward the purchase. Disputes arise over whether the option was properly exercised, how much credit applies, and whether the arrangement should be treated like a contract for deed under Texas law.

Question 58

What Is a "Cloud" on My Title?

Accepted Answer

A cloud on title is any adverse claim, lien, or recorded document that casts doubt on your ownership. Clouded title can reduce a property's marketability, interfere with a sale or refinance, and invite future litigation. Texas offers legal actions to clear it.

Question 59

Quiet Title vs. Trespass to Try Title — What's the Difference?

Accepted Answer

They are related but distinct. A suit to quiet title is an equitable action to remove an invalid or competing claim from the record and confirm that your ownership is superior. A trespass-to-try-title action, governed by Chapter 22 of the Texas Property Code, is the statutory method for determining who holds title and awarding possession of the land. Some disputes — for example, a fraudulently recorded deed on occupied property — require both in the same lawsuit.

Question 60

How Are Boundary Disputes Resolved?

Accepted Answer

When adjoining owners claim the same strip of land and negotiation fails, Texas law allows the dispute to be resolved in court. Where the sole issue is the location of the proper boundary line, a declaratory-judgment action may be available; where possession and ownership of the strip are contested, trespass to try title may be the vehicle.

Question 61

What Is Adverse Possession?

Accepted Answer

Adverse possession lets someone acquire title to land they do not own by possessing it in a way that is actual, open, hostile, and continuous for a statutory period — often ten years for a typical fence-line or encroachment dispute. Meeting the elements gives a legal right to the land but not an automatic recorded deed; a court action is generally needed to establish record title. The most effective defense is acting before the limitations period runs.

Question 62

Do I Need a Real Estate Litigation Attorney or a Closing Attorney?

Accepted Answer

They do different jobs. A closing or transactional attorney helps you buy or sell property; a real estate litigation attorney steps in when something goes wrong — a boundary is disputed, a title defect surfaces, a seller misrepresents the property, or a contract-for-deed arrangement breaks down. This firm handles the dispute side.

Question 63

What Is Insurance Bad Faith?

Accepted Answer

Bad faith is an insurer's unreasonable denial, delay, or underpayment of a claim it owes under the policy. A first-party claim is one you bring against your own insurer for your own loss — as opposed to a claim against someone else's insurer.

Question 64

What Texas Laws Protect Policyholders?

Accepted Answer

Texas gives policyholders two main routes. Statutory claims arise under the Texas Insurance Code — Chapter 541 (unfair or deceptive practices) and Chapters 542/542A (the Prompt Payment of Claims Act). There is also a common-law duty of good faith and fair dealing an insurer owes its own policyholder.

Frequently asked questions

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

What compensation can I recover?

Can I still recover if the accident was partly my fault?

What mistakes could hurt my injury claim?

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

Do I have to pay attorney fees up front for an injury case?

What Should I Do After a Car Accident in Texas?

How Long Do I Have to File After a Crash?

What If the Other Driver Was Uninsured?

What Can I Recover After a Truck or Car Accident?

What Is Premises Liability in Texas?

Does the Property Owner Always Owe Me a Duty of Care?

What About Children Injured on a Property?

What Are the Most Common Premises Liability Cases?

What Is a Dram Shop Claim in Texas?

When Can a Bar or Restaurant Be Held Liable?

Who Counts as a "Provider"?

Has the Law Changed Recently?

How Long Do I Have to File?

Can I Sue if I'm Already Getting Workers' Compensation?

What If My Employer Doesn't Carry Workers' Comp?

What Are the Most Common Construction Accidents?

Why Does Austin Have So Many Construction Injuries?

What Can I Recover?

Who Can File a Wrongful Death Claim in Texas?

What Can a Family Recover?

How Long Do We Have to File?

What Is the Difference Between a Wrongful Death and a Survival Claim?

What Is Post-Judgment Collection?

What Is a Receivership, and When Is One Used?

Who Does the Firm Represent in These Matters?

What Kinds of Commercial Disputes Does the Firm Handle?

What Is the FDCPA?

What Can I Recover If a Collector Breaks the Law?

How Long Can a Collector Sue Me in Texas? (Time-Barred Debt)

Can Making a Payment Restart the Clock?

What Are Common Collector Violations?

Can I sue a debt collector for harassment?

There's a mistake on my credit report. Can a lawyer help?

Do I Actually Have a Consumer Case?

What Are Bankruptcy Exemptions?

Can I Keep My House in a Texas Bankruptcy?

Can I Keep My Car?

Should I Use Texas or Federal Exemptions?

What Does Chapter 7 Bankruptcy Do?

Will I Lose My Home and Car?

Am I Eligible for Chapter 7?

What Debts Does Chapter 7 Not Erase?

Will bankruptcy let me keep my home and car?

What Counts as Real Estate Fraud in Texas?

What Laws Apply to Property Fraud?

What Can I Recover?

What Should I Do if I Suspect Fraud in My Property Deal?

What Is a Contract for Deed?

Why Do Contract-for-Deed Disputes Happen?

What Protections Do Texas Buyers Have?

What About Lease-Option Agreements?

What Is a "Cloud" on My Title?

Quiet Title vs. Trespass to Try Title — What's the Difference?

How Are Boundary Disputes Resolved?

What Is Adverse Possession?

Do I Need a Real Estate Litigation Attorney or a Closing Attorney?

What Is Insurance Bad Faith?

What Texas Laws Protect Policyholders?

Is a Bad-Faith Insurance Claim Also a Consumer Case?

What Can I Recover?

What Should I Do if My Claim Was Denied?

What Is the Texas DTPA?

What Can I Recover Under the DTPA?

What Kinds of Conduct Does the DTPA Cover?

Is There a Deadline or Notice Requirement?

What Areas Does the Firm Serve?

Why Work With a Board-Certified Attorney?

How Much Does a Consultation Cost?

Does the Firm Handle Cases Other Than Those Listed on the Site?

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