Frequently asked questions

In most Texas personal injury cases, you have two years from the date of the injury to file a lawsuit. Certain circumstances can shorten or alter that deadline, so it is best to speak with an attorney as soon as possible to avoid losing your right to file.

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.

Depending on the case, recovery may include medical bills, lost wages, future care, and pain and suffering. The damages available depend on the facts, the injuries, and who was at fault.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.)

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

A violation of Chapter 541 of the Insurance Code can also be pursued under the Texas DTPA, because the DTPA expressly lists Insurance Code Chapter 541 violations as actionable — so a qualifying policyholder may recover the DTPA's damages, including up to treble damages and attorney's fees. Brent Devere is board certified in both consumer law and commercial law, which is directly relevant to these claims.

Depending on the case: the policy benefits wrongfully withheld, additional financial losses caused by the insurer's conduct, and — where a knowing violation is proven — up to three times your actual damages, plus attorney's fees.

Keep the denial letter and your policy, document your communications with the insurer, and avoid giving a recorded statement or signing anything before you understand your rights. A free consultation can help you determine whether the denial was legitimate or potentially bad faith.

The DTPA (Business & Commerce Code §§ 17.41–17.63) protects consumers against false, misleading, and deceptive business practices, unconscionable conduct, and breaches of warranty. It is meant to be liberally construed in favor of consumers.

A prevailing consumer can recover economic damages plus reasonable and necessary attorney's fees and court costs. If the defendant acted knowingly, the consumer may recover additional damages for mental anguish; if intentionally, up to three times economic damages. That treble-damages potential is what gives the statute its force.

Broadly, four categories: the statute's "laundry list" of specific deceptive acts relied on to the consumer's detriment; breach of express or implied warranty; unconscionable actions; and violations of Chapter 541 of the Texas Insurance Code — which is how a bad-faith insurance claim can also become a DTPA claim.

Yes. DTPA claims generally must be brought within two years, and the statute has specific pre-suit notice requirements you must satisfy before filing. Because of the notice rules and deadline, it's worth speaking with an attorney early.

The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.

Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent Devere is board certified in four areas: consumer law, commercial law, residential and commercial real estate law, and consumer bankruptcy law. Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.

The initial consultation is free. You can call the Austin office or use the contact form to schedule one, and there is no cost or obligation to discuss your situation.

Yes. The firm handles most types of litigation. If your matter isn't listed among the practice areas, contact the office to discuss whether the firm can help.