Why You Should Hire Me, What I Do and My Fees

I’m an experienced personal injury attorney; I am an experienced cyclist who understands cyclists; I handle all aspects of your case, and I keep you informed throughout the whole process. 

On the legal side, I am board-certified in personal injury trial law by the Texas Board of Legal Specialization. I have more than 35 years of trial law experience, and the highest rating (AV) from Martindale-Hubbell Peer Review Ratings. I have tried a few hundred cases, and have extensive experience in all phases of litigation. And I only represent cyclists. 

On the cycling side, I have ridden more than 100,000 miles over the last 35 years and I’ve competed in over 100 triathlons including the Ironman Hawaii (twice, and qualified 5 times). I was also a member of Team USA and competed in World’s Events in Sweden, Australia and Canada. I was in the top three for the Texas Master’s Triathlon Championship multiple times. As for cycling, I’ve done a few hundred bike races and was the Texas Masters Champion (50+) one year and placed highly in other years. 

I Understand Cyclists: A bike/car accident is very similar to a normal car accident, and there are many fine attorneys who can handle a standard auto accident case. But there are very few personal injury attorneys who are accomplished cyclists that understand the cycling community and the challenges you face as a cyclist in presenting a claim. This includes not only the medical treatment and expenses, lost income, pain, impairment but also:

Damage to Your Bike: Insurance adjusters simply don’t understand that carbon bikes can cost $10,000+, why crashed carbon usually needs to be replaced, that most cyclists continually upgrade their bikes, that buying used carbon bikes on eBay is not a good idea, the different gruppos, etc. etc. I have owned at least twenty different bikes and I use this knowledge to present your bike damage claim in a persuasive manner.

Decrease in/Loss of Cycling: We ride not only for health, but also the psychological benefits and stress relief, the camaraderie of group rides and the sense of accomplishment from racing or events. Many of us ride 10+ hours per week because we want to and enjoy it. Loss of cycling results in a loss of fitness/weight gain, a social loss, increased stress, etc. Also, the physical injuries often heal faster than the psychological problems. Post collision anxiety happens to almost all cyclists to various degrees and many limit or stop riding because of anxiety and concern about being hit again.  

I am the only person that handles your claim. Many law firms/attorneys rely on legal assistants to do much if not most of the work on file. I don’t. I handle everything.   Also, I don’t have normal office hours. You can contact/call me anytime (weekends/nights) and if I’m unavailable, I will get back to you quickly. 

What I do. In general, I handle everything involving your claim. All you do is provide me with information/documentation regarding your damaged bike and update me on your medical progress. 

Here are some of things that I do:

  1. Obtain the police report,
  2. Set up claims with all insurers, and make sure there is coverage,
  3. Handle all communications with the auto insurers (theirs and yours) health insurers, Medicare, medical providers, etc.
  4. Obtain witness statements,
  5. Obtain all medical bills and records,
  6. Assist in getting your medical providers to bill your health insurance and getting your medical insurers to pay your providers,
  7. Negotiate the property damage claim,
  8. Collect PIP benefits under your auto policy,
  9. Advise you regarding the progress of the claim,
  10. Prepare and negotiate settlement demands,
  11. Discuss the settlement offers made (there is always a bit of negotiation) and whether the offer is “reasonable.” I do not settle your claim until you have approved a specific “in-pocket” amount. 
  12. Negotiate and handle all “subrogation” claims from your health insurers. 
  13. Provide you with copies of all settlement documents, and the final accounting plus copies of checks that are sent to lien holders and/or medical providers.
  14. File suit if settlement does not occur. 

My Fees: My fees are contingent upon obtaining a recovery from the insurers. If there is no payment, then you owe nothing. You will never have to write a check for anything. Never. 

If there is recovery, I charge 1/3% of the amount paid by the auto insurers on the bodily injury claims only. I don’t charge any fees for your bike damage claim, the PIP claim or the reduction in your health insurance subrogation lien. Also, if there is a recovery, “costs” are taken out of the settlement.  

1 No one knows you better than your opponent and Martindale Hubbell is the premier attorney rating website because it is based on reviews of other attorneys/judges that have had cases with the rated attorney. I have an “AV” rating, which is the highest possible. 

2 Mental Anguish After Cycling Collision: See A Guide to Psychological Recovery from a Bicycle Accident by Eric Yelsa, Ph.D. (2015).

My legal assistant only requests medical records/bills.

Obtaining Medical Records and Bills is fairly labor intensive and requires not only requesting and paying for the affidavits but also follow-up because in almost every case, the bills/records provided by at least one medical provider is inaccurate or incomplete. 

5 Costs include anything that I have to write a check to get which is usually limited to obtaining medical records and bills. Obviously, the more treatment, the higher the costs. There are no charges for phone, postage, copies, etc. In the event that there would be a charge over $1,000, I would discuss the cost and obtain your permission. (This occurs when an “expert” needs to be hired.)