If you've been in a car accident in Texas, you're likely overwhelmed dealing with insurance, injuries, missed work, and car repairs. In the midst of all this chaos, you may receive unsolicited phone calls, texts, or even personal visits from attorneys or their representatives offering legal help. This aggressive behavior might seem like concern, but it could be a violation of the law known as barratry and it's a red flag that you should not ignore.

Before making any decisions about hiring legal help, especially in Mesquite, Texas, it's crucial to understand how barratry works, why it's illegal, and how it affects your case. And while you're focusing on your recovery, don't forget the importance of seeing a qualified accident doctor in Mesquite who can document your injuries properly and help you get back on your feet.

What Is Barratry?

Barratry is the illegal solicitation of clients by attorneys or their representatives. In Texas, this practice is strictly prohibited under Texas Penal Code § 38.12. The law makes it illegal for an attorney—or anyone acting on their behalf—to contact you within 30 days of your accident for the purpose of offering legal services unless you’ve requested that contact first.

This includes:

• Cold calls or texts from law firms you’ve never contacted

• Use public information such as "police reports" and "accident reports" to get your personal contact information

• Towing companies or body shops referring you to a specific attorney

• “Runners” or “cappers” (people who seek out accident victims on behalf of attorneys)

• Attorneys showing up at the scene of the accident or hospital

Common Ways Attorneys Break the Law

Some attorneys knowingly break barratry laws to get a jump on competition, especially in areas with high accident rates like Mesquite. They may:

• Pay hospital or clinic staff to provide patient lists

• Bribe tow truck drivers or mechanics to refer accident victims

• Use fake “accident assistance” services to funnel clients into legal contracts

• Have you sign legal paperwork disguised as medical or insurance documents

While these tactics might seem like a quick solution when you're overwhelmed, they can seriously harm your case—and your wallet in the long run.

An attorney who is willing to break the law just to get your case is likely not putting your best interest first. Here’s why you should stay away from them:

1. Questionable ethics = questionable results.
   If a lawyer bends or breaks the rules to get clients, they may not be trustworthy when it comes to handling your case ethically, negotiating with insurance companies, or representing you in court.

2. You could lose your case.
   If it’s discovered that your attorney obtained your case illegally, their license could be revoked, and your case could be dismissed or severely weakened.

3. You have legal rights.
   Victims of barratry may be entitled to damages under the Texas Barratry Statute, including $10,000 in statutory damages and attorney’s fees if you were illegally solicited.

In short: hiring a lawyer who engages in barratry is like building a house on quicksand is risky and unstable from the start.

When Is It Appropriate to Hire an Attorney?

Not every auto accident requires an attorney. However, you should consider hiring one when:

• You’ve suffered serious injuries or long-term disability

• The accident involved a commercial vehicle or 18-wheeler

• There’s a dispute over who is at fault

• Your insurance claim has been denied or undervalued

• You’re being sued by another party involved in the accident

In these situations, hiring a reputable, ethical attorney can make a big difference. Make sure the lawyer you choose doesn’t use shady tactics to get business and has solid reviews and a clear track record.

Before calling a lawyer, your first priority should be your health. Visiting an accident doctor in Mesquite ensures that your injuries are properly diagnosed and documented. This is critical for:

• Medical treatment and recovery

• Insurance claims

• Any future legal actions, if needed

An accident doctor is experienced in handling auto-related injuries like whiplash, back pain, or concussions, and they understand the medical paperwork insurance companies and courts require. Don’t rely solely on the ER or urgent care—seek a specialist who can track your recovery from day one.

Final Thoughts

While it’s perfectly legal and often wise to hire an attorney after a serious car accident, how you hire one matters just as much as who you hire. If an attorney or their "representative" contacts you unsolicited, especially soon after your accident, they may be violating Texas law. Don’t let desperation lead you into a bad decision.

Instead, take the right first step: Visit a trusted accident doctor in Mesquite to prioritize your health, and then do your homework before choosing an attorney. Your recovery and your rights are too important to leave in the hands of someone who doesn’t play by the rules.

Call us today to schedule your evaluation and take the first step toward lasting recovery.

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