We Get You The Money You Deserve. One Call! That's All!


Serving Brazos County Since 1949. The Payne Law Group is ready to fight for you.

Frequently Asked Personal Injury Questions

You Have Questions. We Have Answers!
  • Do I Have a Case If the Accident Report Says I Am at Fault?

    You may, but it depends on the circumstances. In some cases, you may not actually be at fault under the law even if you think you may have done something wrong. Current laws regarding liability and the recovery of damages are very complicated and the judge and jury must hear all of the evidence to make a proper determination of “fault.” If you or a loved one were involved in an accident that resulted in personal injuries or death, you may be entitled to a recovery even if you think you may be at fault for the incident. Even if a police officer finds that you are partially at fault for an accident, you will not be barred from recovery in most cases. Texas is a comparative fault state. This means the current laws in place may prevent your recovery if a jury determines that you are 51% or more at fault for your injury. If you are found to be less than 51% at fault, your recovery may be reduced in proportion to your percentage of fault. Disputes over comparative fault can be very confusing to many people, and the insurance companies will take advantage of this confusion in an effort to limit how much they pay you. Each case must be evaluated on its own separate facts. If you want to discuss whether or not you have a case in light of your particular facts, just remember—One Call, That’s All. The attorneys at The Payne Law Group can explain the comparative fault laws of Texas and more to you during a free consultation.

  • Can I Sue My Employer for an On the Job Injury?

    The answer to this question depends on whether your employer has worker’s compensation insurance coverage or is a “nonsubscriber” that does not have such coverage. If your employer does not have worker’s compensation coverage, then you may be able to bring a claim to recover monetary damages for items such as pain and suffering, physical impairment, disfigurement, loss of wage earning capacity, and medical expenses. If your employer does not have such coverage, they cannot defend against your claim by asserting that your own negligence caused the incident unless that was the sole cause of the injury. Generally, if your employer carries worker’s compensation insurance coverage, you cannot sue the employer for an on the job injury. However, even if your employer carries worker’s compensation coverage, you can sue your employer if the injury was caused intentionally or if the employer’s gross negligence causes the death of certain family members.

  • What is Personal Injury Protection (PIP) Insurance?

    Personal Injury Protection (PIP) is insurance coverage that pays for accident-related medical expenses, and possibly some other expenses for covered persons who are injured in an accident, regardless of fault. PIP coverage is optional in Texas.

  • How Do I Select a Personal Injury Attorney?

    When there are so many choices available, it can be very difficult to know you are making the right choice. There are many things you can do to make sure you select the personal injury attorney that is best for your situation. You can talk to your friends and relatives to see if they have any experiences with an attorney, either good or bad. You can also ask other lawyers or legal assistants for their advice and recommendations. Many times, persons working in the legal community will know which personal injury attorneys do a good job for their clients. Many of our clients are referred to us from other attorneys. You also want to make sure your attorney is Board Certified in Personal Injury Trial Law. Personal injury laws are constantly changing and an attorney who is Board Certified in Personal Injury Trial Law has made a commitment to keeping up with the laws and issues that are important to personal injury claims. The Payne Law Group Attorney Scott Scherr is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and can help you in your time of need. Further, Attorney Scherr is a personal injury lawyer who is not afraid of going to trial. Many lawyers claim to fight for you, but only want to rush to a settlement so that they can move on to the next case without having to put much work into the case. Equally as bad is the attorney who claims to protect your rights but is not willing to take your case to trial when necessary. Although most cases do settle before trial, insurance companies know when a lawyer is not willing to actually go to trial, and they will use that to their advantage to obtain a settlement for less than the full value of the case. Even when you don’t want to go to trial, you want an attorney who is known for taking cases to trial so that you can get the highest settlement offer possible.

  • How Do I Pay My Attorney?

    In representing the injured party, all of our personal injury and wrongful death claims are handled on a contingency fee basis. This means we do not receive any fee unless there is a recovery for your injuries. The contingency fee system allows people who might otherwise not be able to afford legal representation a chance to pursue justice for their injuries. If a settlement is reached, we take a pre-established percentage of that amount, so you never have to pay legal fees out of your own pocket.

  • Why Do I Need a Lawyer to Handle My Injury Claim?

    Insurance companies presume most people do not know their rights and will not take the time or put in the effort to find out what they are legally entitled to after suffering an injury. The bottom line is that insurance adjusters can oftentimes take advantage of your lack of knowledge to victimize you once again by settling your case significantly below its actual value. Insurance adjusters handle hundreds or even thousands of claims each year. On the other hand, most injury victims have never been involved in a personal injury claim. This creates a very unfair situation where the insurance company can take advantage of a claimant who does not have a lawyer. This means that no matter how smart you are, or how much time you spend to educate yourself about the claims process, the claims adjuster will probably successfully take advantage of the situation unless you hire an attorney. When you need someone to fight for your rights, make sure you remember to make One Call, That’s All.

  • How Much Is My Case Worth?

    Each case is different and must be evaluated on its particular facts. There are many factors, which can include issues such as the amount of fault attributable to the other party, any fault that can be attributed to your actions, the amount of damage to the vehicles in a car wreck claim, the type and extent of physical injuries, the total cost of the medical bills, and any special or extenuating circumstances. Again, each case is different and must be evaluated by a lawyer with knowledge of the facts and circumstances. When you need someone to evaluate your case, just remember One Call, That’s All.

  • I Think My Car Should Be Totaled, But the Insurance Company Wants to Fix It. Can They Do That?

    When another person damages your automobile, they generally only have to pay the lesser of the reasonable cost of repair or the fair market value of your vehicle at the time of the accident. You don’t get to make the decision as to whether or not your car is totaled. The law permits the insurance company to make that decision in most circumstances. This seems particularly unfair when you are involved in an accident while driving a new car. You obviously do not want a brand-new car with substantial repairs—you want a new car. However, current law does not permit you to make the insurance company to “total” your car. In some instances, you may be able to recover for the diminished value of the car if you can prove the loss in value.

  • The Insurance Company Asked for a “Recorded Statement.” What Is That & Should I Agree?

    The insurance adjuster may claim that they simply want to gather information about the incident and your injuries and want to record the conversation for their records. However, a recorded statement provides the insurance company an opportunity to ask you questions without an attorney to protect your rights, in an effort to find a way not to pay your claim. Recorded statements don’t help your claim but may actually harm your ability to recover what you are legally entitled to recover. Even the insurance companies know how unfair recorded statements can be. I have offered many times to let my client provide a recorded statement if we can have the same opportunity to take a recorded statement of the other involved party. However, I have never had a single insurance adjuster agree to let me take a recorded statement of their insured. If you are asked to give a recorded statement, just remember first to make One Call, That’s All.

  • How Do I Get a Copy of My Accident Report?

    If you or a family member has been involved in an accident, we can help you get a copy of the accident report. Give us a call.

The Opinions That Matter Most

Our 5-Star Client Reviews
  • Scott, thank you so much for the help & support you have provided to our family during this trying time.

    “Your expertise and kindness are much appreciated.”

    - Client
Client Testimonial - Grant

Unrivaled, Texan-Born Legal Representation 

We Are Board-Certified
  • Scott  Scherr Photo
  • Billy  Payne Photo
  • J. Derek  Moore Photo
  • Jeff  Crisp Photo
  • Trey  Malechek Photo
  • Walter  Campbell Photo
  • Clint  Sare Photo
  • Bill  Wells Photo
  • Colt, The Law Dog   Photo
  • Scott  Scherr Photo
    Scott Scherr
    Attorney Scott Scherr is licensed in the US SUPREME COURT and U.S. District Court, Northern, Eastern and Western Districts of Texas. Scott is a trial lawyer who is passionate about helping clients get the money they need and deserve. He represents clients in personal injury matters, complex business, and employment matters. Don’t “settle” for just any lawyer – there are a ton of lawyers out there who do the minimum amount of work possible just to settle your claims as quickly as they can, even if the settlement is not necessarily in your best interest.
  • Billy  Payne Photo
    Billy Payne
    I have enjoyed over 55 years practicing law as a trial lawyer in many areas throughout the state and have been involved in numerous trials. My active practice involves representing plaintiffs and defendants in litigation and arbitration including oil and gas, breach of contract, DTPA, fraud, construction law, real estate, condemnation, and other general litigation matters. I was admitted to practice in Texas in 1964.
  • J. Derek  Moore Photo
    J. Derek Moore
    Meet Attorney J. Derek Moore. Mr. Moore has been with The Payne Law Group since 1995 and helps clients with estate planning, probate, guardianship and business law. I enjoy working with clients on their estate planning issues, including wills, trusts, powers of attorney, and other incapacity planning documents. I was born in Lubbock, Texas, and I joined Payne Law Group in August 1995.
  • Jeff  Crisp Photo
    Jeff Crisp
    Meet The Payne Law group attorney Jeff Crisp! Mr. Crisp helps clients in Bryan and beyond with matters relating to banking law, contract law, and real estate. In my capacity as General Counsel, I have also been involved in litigation related to real estate, condemnation, oil and gas, construction law, breach of contract, personal injury, and employment issues.
  • Trey  Malechek Photo
    Trey Malechek
    Meet Attorney Trey Malechek. Mr. Malechek has been with The Payne Law group in Bryan since 1997. He focuses his practice on banking law, contract law, and real estate. I am also a shareholder in Lawyers Title Company of Brazos County in College Station, Texas, and handle both simple and complex residential and commercial closings.
  • Walter  Campbell Photo
    Walter Campbell
    Meet Attorney Walter Campbell. Mr. Campbell has been with The Payne Law Group in Bryan for many years where he practices banking law, contract law, and real estate law. Being a real estate investor myself, a shareholder in The Payne Law Group and in Lawyers Title Company of Brazos County has been a perfect match for my real estate legal practice.
  • Clint  Sare Photo
    Clint Sare

    Of Counsel

    Mr. Sare started his legal career as a staff attorney at the Seventh Court of Appeals in Amarillo for fourteen years. He's worked on hundreds of appeals involving a broad range of issues. Mr. Sare continues to focus on appeals and other post-judgment proceedings. He has handled over 200 appeals in both civil and criminal proceedings and has practiced before the Texas Supreme Court.
  • Bill  Wells Photo
    Bill Wells
    Bill Wells has been Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization since 1990. The Board of Legal Specialization was created by the Supreme Court of Texas and is charged with recognizing lawyers that have demonstrated special competence in a particular field of law, such as personal injury and wrongful death.
  • Colt, The Law Dog   Photo
    Colt, The Law Dog

    Legal Support

    Coming Soon...

What Sets Us Apart?

  • Your Success Is Our Success
  • Experienced
  • One of the Oldest Firms in Brazos Valley
  • Committed to the Community
  • Board-Certified Personal Injury Trial Attorneys

One Call, That's All

We Will Get You What You Deserve
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.