Frequently Asked Questions

Mark Hefter is an experienced and respected Austin attorney who is dedicated to ensuring your rights are upheld. We can help you navigate a complex legal system, secure rightful compensation for damages, and get you the results you deserve. Our specific practice areas include:

Our clients include those who need help with personal injury and accident cases, and business, commercial, and construction litigation clients who need help with complex legal cases. No matter what the case, our clients understandably have many questions.

Browse our FAQ for a list of the questions that our clients ask most often, including the Do I Have A Case? section below to see if your case might qualify for legal representation, as well as helpful articles about common personal injury issues. We’re here to give you answers and act as a trusted advocate on your behalf. If you have additional questions or need more information on how we can help, contact Mark Hefter, P.C., at 512-478-0606, or via email to schedule a free initial consultation.

Do I Have a Case? Vehicle Injuries

Every accident case is different – whether a car, boat, truck, bicycle or motorcycle – but as a general rule, those who operate any sort of motor or wheeled vehicle must “exercise reasonable care under the circumstances” – and failure to do so is considered negligence. Plaintiffs must prove that the driver was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries. Common questions in truck accident cases include whether or not the driver was speeding, if the driver was fatigued, and whether driver logs were falsified.

It is important to immediately begin preserving physical evidence and to locate and interview potential witnesses. Experienced trial attorney Mark Hefter has the understanding and expertise to prove your case, as well as negotiate skillfully with insurance companies and their attorneys, and to take these cases to trial to make sure you get the recovery you deserve. If you think you have a case, contact us for a free consultation.
Curious about insurance? Download Different Types of Car Insurance to learn more.

Do I Have a Case? Alcohol

Drunk driving causes thousands of car accidents every year, causing serious injuries and deaths, and handling these cases requires careful interviewing, research, and the ability to prove liability. Also, under Texas laws, bars and liquor stores can also be held accountable if they’ve sold alcohol to someone who is already obviously intoxicated and who then causes harm to others, such as in a drunk driving accident.

Both can sometimes be challenging cases to prove in court, and you need an experienced personal injury lawyer in your corner who understands the law. Mark Hefter will thoroughly investigate the facts, interview witnesses, and do the groundwork necessary to establish liability – and help you achieve a favorable outcome. If you think you have a case, contact us for a free consultation.

Do I Have a Case? Malpractice

If you or a loved one has been harmed financially or physically due to the negligence and errors of a lawyer, accountant, architect, medical, or other licensed professional, you may be able to pursue a professional malpractice claim.

Under Texas medical malpractice law, it is critical to produce expert testimony early in the process, and working with an experienced medical malpractice lawyer who can get started right away is important. Board certified civil trial lawyer Mark Hefter has the understanding to handle complex medical and nursing home malpractice claims. If you think you have a case, contact us for a free consultation.

Do I Have a Case? Other Personal Injuries

Injuries and accidents are often traumatic from both a physical and emotional perspective, and impartial advice from a third party to determine whether or not you have a case is critical. Dog bites, swimming pool accidents, injuries to children, gas explosions, serious and catastrophic injuries, burn injuries, wrongful death, and civil rights cases require careful consideration.

They also require thorough exploration of such important issues as pet and property owner liability, premises liability, fault, and extenuating circumstances. If you think you have a case, contact us for a free consultation.
Download Overview of Claims Process to read more.
Have questions about paying your medical bills after an accident? Download How Will My Medical Bills be Paid to learn more.

Do I Have a Case? Construction Litigation

Mark Hefter is a licensed architect and practicing Texas attorney for the last 20 years and has worked on many construction litigation cases in his career. These are often complex litigation cases, and instances of breach of contract, cost overruns, defect and design issues, and construction accidents are often grounds for pursuing legal action. If you think you have a case, contact us for a free consultation.

Do I Have a Case? Commercial & Business Litigation

We represent clients in disputes between multiple businesses, as well as disputes between businesses and individuals. Common grounds for litigation under Texas commercial and business laws include financial losses because of breaches of contract, deceptive trade practices, fraud or misrepresentation, tortuous interference with contractual relations, and real estate and property disputes. If you think you have a case, contact us for a free consultation.

How much will it cost to hire a Personal Injury Attorney?

We don’t charge for initial consultations. In most personal injury cases, once we make the commitment to represent you and/or your family, we only charge a fee when we are successful in obtaining a recovery, and that fee is calculated as percentage of the recovery. If we are successful, case expenses are reimbursed from your portion of the recovery.

I was in a car accident. What information should I get?

First, you should be sure to focus on your recovery and well being if you were injured. In general, you should always gather as much information and supporting documentation as possible, including:

  • Name and insurance company of the person at fault;
  • Contact information of all possible witnesses;
  • The make, model, year, color and license plate number of the other vehicle (car, truck, motorcycle, or boat);
  • Photos of damage to you and your property, and other property that was damaged because of the other person’s actions; and
  • Police report, if applicable.

Generally, it’s not advisable to discuss the facts of the incident, give a statement to an insurance company, or sign any legal documents until you have spoken to your attorney and understand your rights and options that are in your best interests.

I was injured in a DWI accident. Do I need an attorney?

Alcohol use can be considered an aggravating circumstance in a personal injury claim, so if someone under the influence of alcohol caused your injury, we can advise you on the best course of action. It may be that we make a claim against the driver, as well as the bar or liquor establishment that served a visibly intoxicated person. In the state of Texas, bars and other liquor establishments can be held accountable if the intoxicated person’s actions resulted in accident, injury, or death.

Will I get a recovery if the situation was partly my fault?

If you are partially at fault, you may still receive a percentage of your damages. The amount depends on the percentage of fault assigned to you. However, until a judge or jury determines a percentage, you should rely on the expertise of your personal injury attorney.

I was prescribed a defective drug that resulted in injury. What are my options?

In cases of medical products, the doctor who prescribed the defective drug, or the pharmacist who dispensed the drug or device may be liable. If the doctor knew of potential harmful effects of the medical product and did not warn you, or did not adequately monitor you, he or she may have some responsibility. Pharmacists must also warn consumers of any known risks, as well as correctly dispense the drug. Manufacturers of defective or unreasonably dangerous drugs may also be held responsible.

Can anyone bring a wrongful death claim?

No. Most states that recognize a wrongful death cause of action, including Texas, will limit the number of potential plaintiffs. Some states limit those plaintiffs to the victim’s primary beneficiaries, such as the surviving spouse and children. Other states allow the parents of the victim to file a wrongful death claim.

What are my options if I, or my child, was injured because of a defective product?

It depends on the situation and the injury. Those who are responsible may differ and, as a result, so will possible legal claims. The law provides a legal duty to warn consumers of any risks associated with a dangerous product. If a company fails to do so, they can be held liable. Most likely, the person injured will have claims for personal injury and product liability. But, if you were injured by a medical drug or device you may also have claims of professional or medical negligence against your doctor or pharmacist. You may also have claims for negligence, breach of warranty, failure to warn, or fraud. Finally, in some cases, wrongful death claims may also be an issue.

Why should I hire a board-certified attorney?

When you hire a board-certified attorney, you can be confident that your attorney is a specialist and experienced in a particular area of the law. The attorney is committed to that particular practice area; will be familiar with the law specific to that area; and will be better able to provide you with efficient and effective legal representation.
Download Why Hire a Board-Certified Attorney to read more.

How do I select an attorney?

Your attorney should be a specialist in and committed to the particular area of practice where you need expertise. He or she will be familiar with the law in that area, and be able to provide efficient and effective legal representation.
Download Selecting an Attorney to Represent You to read more.

What should I do if I have property and vehicle damage after an accident?

The answer depends on the circumstances of the accident. If the other driver was at fault and if that driver has liability insurance coverage, the other driver’s insurance company should pay for your damages. If another driver was not at fault, or if the other driver did not have liability insurance coverage, your own insurance company may pay for your damages depending on your coverage.
Download Property Damage After a Car Accident to read more.

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