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If you were seriously injured in a car/truck accident with a truck, semi-truck, tractor-trailer or 18-wheeler, you may be able to file a claim against the at-fault driver and his or her insurance carrier for lost wages, lost future income, medical expenses, property damage, pain, mental anguish, physical impairment, and disfigurement.
If your injuries are long-term, debilitating, and requiring permanent rest-of-your-life care, you need an experienced trucking accident lawyer to help you recover damages.
In Texas, if your company offers workers’ compensation and you are injured at your workplace, there are a broad range of personal injuries that are covered. These injuries include but are not limited to, repetitive stress injuries, back and neck injuries, head, knee, shoulder and wrist injuries. In short, any work injury or industrial disease is covered by workers’ compensation if you are injured or fall ill.
Texas is not like other states, as it does not mandate that an employer needs to have workers’ compensation coverage. Those companies that do not offer coverage are leaving themselves open to personal injury lawsuits from their injured employees. Since workers’ compensation is such a complex area of the law, it is best to consult with an experienced workplace injury attorney to find out what your options are if you have been hurt in a workplace accident.
Texas workers’ compensation covers a broad array of personal injuries. This can include head trauma, back injuries, repetitive stress injuries, neck injuries, broken bones, shoulder and knee injuries as well illnesses that resulted from exposure to a toxic substance such as infectious diseases, like COVID-19 and other issues. If your injury is work-related, it is typically covered.
However, workers’ compensation does not usually cover self-inflicted injuries, psychiatric or stress related disorders, injuries sustained while committing a crime or while under the influence of alcohol and/or drugs, or if the injuries happened while the worker was in violation of company policies. Additionally, workers’ compensation does not cover injuries that develop because of horseplay or fighting.
If you had an injury or existing medical condition before you got a job, you may not qualify for workers’ compensation unless the injury or condition was aggravated or accelerated on the job. If an accident does happen at work, the worker needs to report the incident as soon as possible as time is of the essence in filing a claim. If there is a delay in filing, the insurance company can potentially deny benefits. Also, any delays may give the impression that the claim is not legitimate.
If you are unable to work because you are infected with COVID-19 or you were exposed to it on the job, you may be eligible for temporary disability benefits.
Whether or not you are eligible depends on your specific circumstances and which state you live in. Generally, you would need to be able to show that you were exposed to COVID-19 while you were working and that your job created a special risk of being exposed as compared to the risk for the public.
Schuelke Law does not handle workers’ compensation cases, but we are able to refer you to attorneys who do work in this area on a regular basis. However, if your employer does not have workers’ compensation insurance, you may file a normal civil claim. Our office can help you with those claims.
You have the right to take a number of actions, not all of which are listed here. As a worker, you can:
“OSHA” stands for Occupational Safety and Health Administration. OSHA was brought into being to ensure, as much as possible, that working people across the nation are safe at work. For OSHA standards and regulations, see Title 29 of the Code of Federal Regulations (CFR), Parts 1902- 1990. Some states also have occupational safety laws and run federally approved state plans.
Yes, the date of the injury is counted. If a worker loses time from the job on the date of the injury, that time should be counted when determining the number of days lost from work. For example, if a worker lost a half-day on the day he or she was injured and then the next day, he or she would be deemed to have missed two days of work.
It is important to note that time lost from work does not need to be consecutive.
Texas-based companies often do not offer workers’ compensation. Companies that do this are known as “non-subscribers.” A workplace accident at one of these types of companies means that the injured party does not receive workers’ compensation.
A workplace accident at a non-subscriber company does not necessarily mean that the injured party cannot receive any compensation for their injuries. Frequently, employers without workers’ compensation are left wide open to personal injury lawsuits from injured workers.
Personal injury cases are different from workers’ compensation claims. Injured workers can recover a high amount of damages in personal injury cases. Personal injury cases are also problematic for employers. Often, defenses like – contributory negligence, co-worker negligence and assumption of risk – are not available to a defendant company that is a non-subscriber.
To learn more about personal injury claims, contact Schuelke Law for more information.
First, report your injury to your employer as soon as possible. Usually a verbal report is good enough, but if you can, write out a short note, ensure you have a copy of it, and hand it in. That note may come in handy later. Once you have reported your injury, get medical assistance from a doctor you choose –that is your right. Some employers have company physicians that try to get workers back to work too soon.
Workers may sustain any number of work-related injuries or injuries on-the-job that include paralysis, broken bones, traumatic brain injuries, burns, back/neck trauma and bruises. When you have been injured on-the-job, you need legal counsel to protect you from predatory insurance adjusters and unscrupulous owners.
Often employers will immediately deny any form of liability, try to settle the matter under the workers’ compensation plan or offer a low settlement. While the settlement may be an appealing offer, often the amount offered does not cover lost wages, medical expenses and other bills.
Common injury costs include:
Some of the more frequently violated standards in a construction workplace relate to owners being mandated to make certain working surfaces have the integrity and strength to support workers. Owners and operators must also ensure that no one works on those surfaces unless they have been tested and proven adequate, and must make certain every employee is protected from falling to lower levels by a personal fall arrest system or guardrail system.
Additionally, employers must ensure every working surface with an unprotected side or edge six feet or higher must be protected from falling hazards by personal fall arrest systems, guardrails or safety nets.
What you receive for medical benefits and any monetary awards are dictated by Texas law. In other words, depending on the nature and extent of your injury, what you would receive may be calculated according to a formula or from a schedule. The law also approves payment of any/all medical bills relating to your injury and, additionally, payment to, in part, to make up for lost wages due to your injury.
Additionally, you may be eligible for funds to help you train for a new job and/or to future payments if you have been mentally or physically impaired.
According to the Occupational Safety and Health Administration (OSHA) the construction industry has a list of construction’s “fatal four” accidents. These accidents account for 57.7 percent of all accidents in the construction industry.
In order of severity they are:
In general, employers must provide workers with jobs and a workplace free of hazards. They must also comply with statutory requirements, as listed below. These include, but are not limited to:
In Texas, employers are not required to offer workers’ compensation If your employer does not have workers’ compensation insurance you will be unable to make a claim under workers’ compensation. However, other options are available to you. To recover compensation you can file a civil claim. In cases where your employer has workers’ compensation insurance, the claim must be filed via the workers’ compensation system.
Lawsuits involving injuries on the job are treated in the same way as other personal injury lawsuits. In these lawsuits negligence needs to be shown for the injured party to receive compensation. In other words, an injured worker has to show that their accident happened because the employer did not maintain a secure workplace, for example.
To find out more contact Schuelke Law right away.
Every year, more than 6,000 workers die in workplace accidents. Fifty thousand or more die as a result of a sickness they contracted from exposure to something in the workplace. At least 6 million workers sustain non-fatal injuries on the job each year. Injuries and illnesses are expensive for both workers and businesses. An increased concern in work safety could reduce the number of illnesses, injuries and deaths.
There are a number of things one may do. First, one should attempt to speak to the claim’s adjuster and attempt to sort out the issue with him or her. If that does not work, it is possible that one may need to go to a Benefit Review Conference or any other dispute resolution meetings to obtain one’s benefits.
If one has tried everything and had no success, one may wish to speak to a competent personal injury attorney to attempt to expedite the case.
If someone’s husband’s death, as indicated, was proven to be work-related, then they are eligible to obtain compensation as a family member of the deceased. Those eligible to receive death benefits from workers’ compensation include: parents, grandchildren, children, spouses, other dependents and possibly the person who paid for burial expenses.
Some employers do opt out of workers compensation insurance and they are referred to as non-subscribers. If you have been injured on-the-job and negligence can be shown against the employer, Texas law allows a direct lawsuit for mental anguish, lost wages, pain and suffering, and all other elements of damages you would be entitled to recover in a regular lawsuit. Additionally, as “punishment” for not having workers compensation insurance, your employer is denied the right to assert the common law defense of comparative responsibility. This modification of the law can greatly improve your chance of success at trial.
Most larger Texas companies carry workers’ compensation insurance. However, some of them elect to operate without workers compensation insurance. Companies that do not offer workers’ compensation are called “nonsubscribers.”
If there is an accident at the workplace and negligence can be shown against the employer, Texas law allows the injured worked to file lawsuit against the company, seeking damages for pain and suffering, lost wages, and mental anguish. They may also file a wrongful death lawsuit if a family member was killed.
The Texas Labor Code does not favor non-subscribers and eliminates many of the legal defenses that they may attempt. The most common example is the defense of comparative responsibility. In Texas, an award to a victim is typically reduced by the victim’s percentage of fault in causing the event. For example, if an award is $100,000.00, but a victim caused 20 percent of the event, then the victim only recovers $80,000.00. In nonsubscriber cases, an employer cannot pursue a defense of comparative responsibility. Thus, if the employee can show the employer’s negligence was 1 percent responsible for the event, then the employer can be held 100 percent responsible for all injuries sustained.
Workers’ compensation law is complex, and it is best to have an experienced attorney helping you to navigate the minefield of filing for and obtaining compensation. Be open to all avenues of filing and recovery and do not accept that if your employer does not have workers’ compensation, that you cannot recover compensation for your work-related injury.
If you and your employer do not see eye-to-eye on your workers’ compensation benefits, you, as the claimant, have the right to a Benefit Review Conference (BRC), a formal hearing and an appeal. A claim may also be appealed beyond the exiting protocol. However, we strongly recommend if that is the route you may find yourself facing, that you have an experienced workers’ compensation attorney representing you.
You may be able to file a personal injury lawsuit to recover compensation for your disease if you developed the illness/disease as a result of being exposed to unsafe levels of hazardous chemicals/ substances in your workplace.
Yes, your colleague is required to report the accident to the employer as quickly as possible. In many instances, a verbal report may be enough. However, if the employer also requires paperwork on the injury, make certain you fill out the forms completely and include all the details of your accident. Date the forms and note the time it was submitted.
You have the right to choose a doctor that you prefer and you should immediately see that physician to tend to your injury. This is an important step as many company doctors try to rush you back to work no matter what condition you are in.
No, workers’ compensation is not your only recourse for an injury that happens in the workplace. Although that is the general rule of thumb, there are a great many exceptions to the rule. For instance:
Always consult with an experienced workplace injury attorney to find out how they can help you obtain compensation for injuries sustained in a workplace accident.
The reporting period may vary, depending on the state in which you live and work. In Texas, you have thirty days from the time of the illness or injury, or thirty days from the time at which you realized the illness or injury was connected with your work, whichever is later, to report the problem to your employer. For a more in-depth look at reporting requirements and workers’ compensation, visit the Texas Department of Insurance.
The short answer is not necessarily. By and large, Texas does not mandate that business owners have workers’ compensation for employees. That being said, if an employer does not have workers’ compensation for their workers, there may be other options if someone has been injured on the job. To find out what those options may be, depending on the facts and circumstances of their case, they should reach out and connect with a knowledgeable workplace accident attorney.
No, it is not usually a problem if your employer does not offer workers’ compensation, as there are some Texas employers who opt out of subscribing to it. These employers are referred to as non-subscribers.
If you have been injured on the job and negligence can be shown against the employer and on behalf of the non-subscriber employee, the law in Texas permits filing a direct lawsuit where damages can be recovered. If your employer does not carry workers compensation insurance then they are also barred from asserting many typical defenses, making your claim a bit easier. However, you will also be faced with a question of whether your employer can pay any judgment you might obtain.
Texas workers’ compensation says carriers are not liable for the following:
If someone has been injured on the job, they should not assume that they are not able to seek compensation. They should speak to an experienced workers’ compensation attorney who can help them sort through the details of their case.
Benefits that may be obtained from workers’ compensation include a portion of a worker’s lost wages and coverage for medical expenses. If a worker files a personal injury claim, they may be allowed compensation for all lost wages, medical expenses recovery, and pain and suffering.
In many cases, what you are eligible to claim may be tied to the circumstances of the case. It is best to discuss your legal options with a workplace injury attorney and weigh all avenues open to you to make an informed decision.
If your employer has workers’ comp insurance or a substitute employee benefit program, then you will typically be referred to their doctors. If you’re relying on health insurance, then you can pick your doctor within your network as usual. If you are stuck paying yourself, then you can obviously choose your own doctor.
No. Benefits are not taxed by state or federal governments. There is one exception and that is if workers’ compensation is received in place of Railroad Retirement benefits or Social Security Disability insurance.
This is a tricky question. In Texas, there are four potential answers.
First, if your employer is part of the Texas Workers’ Compensation System and carries workers’ comp insurance, then workers’ comp insurance should pay.
If your employer doesn’t carry worker’s compensation insurance (we call these non-subscribers), then your employer may have purchased or put into place an employee benefit program that pays for medical care from on-the-job injuries.
If your employer doesn’t carry workers’ comp insurance and doesn’t have a replacement policy, then your health insurance would typically be next in line. And if you don’t have health insurance, then you might get stuck paying for the bills yourself.
In Texas, workers’ compensation financial and medical benefits come under the purview of Texas law. That means benefits are given to injured workers according to the extent and type of injury. The amount of payment received is based on a formula and/or a set schedule that designates certain amounts for various injuries.
The law states that you may be paid for any/all medical expenses relating to your workplace injury, in addition to payment to make up (in part) for lost wages. There is the possibility you may get funds to train for a new position or receive future ongoing payments for a mental or physical impairment.
Yes. If someone believe their jobsite is unsafe, they should not hesitate to report the issue or issues. There is a hotline number they may call — the Safety Violations Hotline at 1-800-452-9595 — which is under the auspices of the Texas Department of Insurance. If they do not wish to speak to anyone directly, they may send the department an email in Spanish or English.
In most cases, the complaint is looked into, but if the issue or issues reported continue, they should contact an experienced workplace accident attorney and discuss other alternatives to resolving their situation. If they have been injured on the job, they do need an attorney to represent them to obtain fair and equitable compensation.
Yes. In regular civil claims, you are entitled to ask for the earnings that you lost as a result of attending visits to doctors or other medical providers.
Typically, if you were injured on the job and were on the way to another worksite, the usual remedy would be to file for workers’ compensation. However, the question then becomes whether you should file a workers’ compensation claim or are you able to sue someone else. Even if you were going from one job site to another, the road there is part of the work environment, provided the worker is on company time.
In many instances, an injured worker could file two lawsuits, a personal injury lawsuit against the person who caused the wreck and a workers’ compensation claim since the wreck occurred on-the-job. In that instance, the worker would be obligated to reimburse the workers’ compensation insurance company for the worker’s compensation benefits the company pays.
In Texas, some employers do not have workers’ compensation and if a worker had an accident on the way to another work location, on the company clock, the only option open to the employee would be to file a personal injury lawsuit. If the employer has workers’ compensation insurance, the accident victim cannot sue the employer. They must file a workers’ compensation claim and/or sue the driver who caused the wreck.
If you have been in an accident with a third party, you may be able to sue the person responsible/liable for the crash via a personal injury lawsuit. This would likely increase your compensation (compared to a workers’ compensation claim).
You may also be able to file a personal injury lawsuit against a third-party for injuries if you were filing a defective product lawsuit involving the vehicle’s manufacturer or the maker of a defective part – such as a defective tire or airbags.
In Texas, the law allows an accident victim to file a claim within two years of the accident. However, each claim is different and there may be exceptions depending on the facts of your case.
In a personal injury lawsuit, in Texas, you can claim the following damages:
When in doubt about how you can proceed to seek compensation for injuries sustained while in the workplace where the employer does not have workers’ compensation, reach out to our office, and discuss your case.
Depending on the circumstances of the case, and what state you live in, you may be able to file a personal injury claim, a workers’ compensation claim or both. In order to know what your options are, you need to seek experienced legal counsel to find out your rights.
In Texas, if your employer has workers’ compensation insurance, then for claims against your employer, you are generally required to go through the Texas Worker’s Compensation system. However, you may still make claims against third parties who contributed to your injuries. For example, if you are on the job and hurt by a subcontractor, you may be able to sue the subcontractor. Or if you are in a car wreck while on the job, you may be able to sue the other driver.
If your employer does not have worker’s compensation, then you can sue your employer if the employer’s conduct contributed to the incident. Improper conduct by the employer can be direct – for example, not properly trenching or providing safety equipment — but it may also be indirect – failing to properly train or supervise employees. Additionally, when employers choose to not carry workers’ compensation insurance, the employer is denied the right to assert defenses, including comparative responsibility. Thus, if you can prove the employer was at least one percent responsible for your injuries, then the employer can be responsible for the full amount of your damages.
Of course, there are exceptions to these rules so contact an attorney to know your rights in these situations.
You are still entitled to receive benefits. However, you may also be able to bring a separate lawsuit against that third-party or product that caused your injuries. If your suit is successful against the third party, your employer or your employer’s insurer may be able to obtain payment out of any damages you receive.
Third party claims are complicated and it is in your best interest to speak with an experienced workers’ compensation attorney to find out what your legal rights are.
Almost any injury can be potentially covered in a personal injury lawsuit. The kinds of work-related injuries that we typically see include, but are not limited to the following injuries:
It is important to be aware that a medical condition or an injury that pre-existed to becoming employed may not qualify, unless it was aggravated or accelerated on-the-job.
Yes, there is a place you may report workplace safety concerns. It is the Safety Violations Hotline at 1-800-452-9595. You also have the option to report your concerns by email in Spanish or English and they can be anonymous.
For further information on how to report safety violations in your workplace, you may visit: http://www.tdi.texas.gov/wc/safety/hotline.html
As long as your doctor is reasonable (as opposed to an insurance company shill), the best advice we give is to always follow your doctor’s advice.
Having said that, it is not a requirement for you to be completely recovered before you return to work. However, the main issue is not so much you being able to return to work, but what position are you able fill upon your return. This means that you need to speak to your physician and outline what the duties were in your regular job before you sustained an injury.
Inform the doctor of any other jobs in your company that may be open as well. The physician can then figure out what type of work it is safe for you to perform while you are still recovering.
Make it a point to speak with your employer and inform them you wish to return to work, once you have received the okay from your doctor. When your employer knows you are able to return, they can attempt to find something that suits your labor restrictions if that is possible.
In general, the types of work related injuries that are covered if you are injured at work (and this depends on whether or not your employer offers workers’ compensation) are repetitive stress injuries, back, neck, head, shoulder, and knee injury. Further to that, any type of industrial disease or physical harm, covered by workers’ compensation, is covered if it is work related.
If your employer carries workers’ compensation insurance, you may not be able to launch a personal injury lawsuit against your employer. The insurance may replace some lost wages and pay medical expenses. Fault is not a factor to receive these benefits.
In many instances, falls on a jobsite are caused by unsafe work and/or site conditions. Many of those accidents involve unbalanced ladders, falling down an open elevator shaft, falling off scaffolding, collapsed scaffolding and improperly guarded stairwells. There are numerous other causes for jobsite accidents and every year thousands of workers sustain serious and/or fatal injuries.
Falls are cited as being the cause for the highest number of fatalities in the building trade. Up to 360 deaths happen every year and according to OSHA, scaffold accidents take the lives of 50 workers and injure 4,500 annually.
However, if you are injured in a fall that was caused by your employer’s negligence and your employer does not have workers’ compensation, you may be able to file a personal injury lawsuit. Additionally, if your injuries were sustained as a result of a third party, you may also be able to file a suit even if your employer has worker’s compensation insurance. Each case is different and the circumstances dictate what you may be eligible for in compensation.
Filing a personal injury lawsuit means you may be able to seek compensation for medical bills, loss of current and future wages, pain and suffering and other damages. Do not wait to file a claim or you may lose the opportunity to pursue your case in a court of law.
Although the decision is a very personal one, it is usually wise to consult with legal counsel experienced in dealing with workplace injuries. Personal injury and workers’ compensation cases can often be complex. In some states, such as Texas, a worker may not be able to sue his or her employer, depending on the type of insurance the employer has. He or she may, however, be able to sue a subcontractor.
You may choose to represent yourself. However, this is generally not advisable. You may find it difficult to deal with insurance companies, and many people ultimately end up with a settlement that is far lower than they may have been able to obtain with the assistance of legal counsel.
Yes, any and all information in your claim file is confidential and not shared with anyone. The only individuals that may access the information in the file are those that are directly dealing with your claim and have a right to read the information.
Yes, you are required to make an appointment with the designated physician. This doctor is to make recommendations about your medical condition and/or help to resolve a work injury dispute.
There are a number of things the designated doctor will do:
• Assign you an impairment rating should you have reached the point where you have improved as much as medically possible
• If you have not reached your maximum improvement, you are not assigned a rating
• Test and evaluate all body parts affected by your workplace injury or illness
• Review all other medical reports submitted by other doctors who may have treated you
• Turns in an evaluation, documentation and a narrative on any impairment rating assigned
There are a number of things involved in dispute resolution, such as benefit review conferences, contested case hearings, a possible appeals panel, judicial review of division decisions and potentially arbitration.
How your dispute is handled is largely dependent on the facts of the case, the medical information provided and the interpretation of the information received. In dispute resolution cases, it is in your best interests to be represented by an attorney knowledgeable about workplace injuries and the workers’ compensation rules and regulations.
Furthermore, it is best if you do not attempt to represent yourself due to the fact that the system is extremely complex and if the wrong information is provided or not provided, the outcome of your appeal could be drastically affected. Make it a point to contact a workplace injury attorney who can help you work your way through the dispute resolution process.
Yes, with the exceptions of public employees in local and state government and those who are self-employed. However, in states with OSHA-approved state plans, public workers in local and state government are covered. Federal workers are covered under OSHA’s federal programs, except for employees of the U.S. Postal Service, who are covered as private sector workers.
Rates of compensation vary by the type of insurance your employer purchased. An attorney will need that information from you/your employer before answering this question.
For regular civil claims, there is no formal reporting requirement. However, if your on-the-job injury is not reported in a timely manner, it makes pursuing the claim much more difficult. As a result, you should make sure that your supervisor is notified of the injury as soon as possible.
Maybe. The answer may depend your state of residence, and it will always depend on the circumstances of the injury and the facts of your case. In some states, your employer may be mandated to reinstate you if your doctor releases you from treatment within a year and a half of the date you sustained your injury.
Consult with an injury lawyer who works with injured workers to find out how you may be affected.
In short, yes, you can file both a personal injury claim and a workers’ compensation claim. However, your ability to do that will depend on the facts of your accident. To assess your options, seek experienced legal counsel at Schuelke Law.
Generally, if your employer carries workers’ compensation insurance, any claims you may have against that entity must go through the workers’ compensation system. However, in some instances, you may file a claim against a third party who contributed to your injuries. An example would be if you were hurt in the workplace by a careless subcontractor.
In a situation where the company you work for does not have workers’ compensation, you can sue them if the employer’s actions contributed to your accident. The employer’s conduct could be direct, such as not offering workers safety gear, or it could be indirect, such as not adequately training workers.
Workplace injury claims are tricky. There are often many exceptions to every rule. Injured workers should obtain an experienced workplace injury attorney at Schuelke Law. Our team will explain your legal rights and options and guide you through the process of filing a claim.
In most cases, no, workers’ compensation benefits are not taxed by the state or the federal government. There are exceptions to this rule and those are when the compensation is received in place of Social Security Disability Insurance or Railroad Retirement benefits. You should consult a tax professional for your specific issues.
Yes. Many times, injured persons can go back to work after an injury, but for various reasons they cannot work a full day. You are entitled to request compensation for this amount of time missed from work.
It is possible. You may obtain additional funds from government benefits, such as Social Security disability insurance (SSDI) if your injuries are disabling and prevent you from working. Whether or not you get additional funds from another source depends on the circumstances of the case.
To learn more about personal injury lawsuit rewards, contact the experienced and compassionate personal injury attorneys at Schuelke Law.
Accidents resulting from collapsing trenches are common. The Occupational Safety and Health Administration (OSHA) reports that at least two workers are killed in collapsing trenches every month, accounting for approximately 24 deaths a year.
The report also revealed the number of trench injuries and deaths in the past five years — 23 in 2016, 11 in 2015 and 11 in 2014. Trench collapses happen without warning and can dump an enormous amount of weight on those inside the trench. Not many people realise that just one cubic yard of soil can weigh up to 3,000 pounds.vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv
No, that is not correct. Any information someone provides regarding their workers’ compensation claim is highly confidential, and only those who are dealing specifically with their claim will see their personal information.
Contacting the the Office of Injured Employee Counsel (OIEC) may be a good idea to follow up. This individual is a specially trained worker who assists injured workers who have dispute procedures filed against your employer’s insurance carrier. The services offered by this office are free. However, the staff is not large and this may slow your dispute down.
For further information about the Office of Injured Employee Counsel, you may visit: http://www.oiec.texas.gov/topics/ombudsman.html
In most instances, the dog owner’s insurance policy covers the damages. Most policies cover injuries caused by a homeowner’s pet and there are some policies that have special animal insurance coverage.
There are cases where a pet owner does not have insurance. However, they can still be held liable for an animal attack. If the dog’s owner is legally responsible/liable for your injuries, that means they are also responsible for damages. That said, if they do not have insurance, it will be more difficult to collect for your injuries.
In the vast majority of dog bite cases, the owner’s home insurance policy pays. These policies typically cover injuries cause by the dog and there are some pet owners that carry special animal insurance. However, this is not always the case, but if the pet owner is not insured, it does not mean they are not or cannot be held liable to pay your damages. What it may mean though is that it could be more difficult to collect damages without insurance.
Often, the victims of dog bites are children and the elderly. While injuries form dog bites are minor, some dog bite injuries can be serious and permanent, or even deadly. In addition, the victims of dog bites suffer emotional trauma. Injuries from dog bites may include: puncture wound, nerve damage, bone fractures, hand injuries, fear and anxiety, facial injuries, post-traumatic stress disorder and disfigurement. Any breed of dog can attack. However, most dog attacks occur on private property. Often, these types of attacks are caused by the dog owner’s negligence.
While many states have a one-bite rule, which means that an owner cannot be held liable for a dog’s attack unless the dog has a history of biting another person, Texas does not follow this law.
Texas does not have a one-bite rule. Instead, there are two primary claims made against owners in dog bite cases. The most common claim is a negligence claim. Like in other personal injury claims, for a negligence claim, you must prove that the dog owner (or person responsible for the dog) failed to use ordinary care, and that the failure to use ordinary care caused your injuries.
The second and most common claim is that the dog owner failed to use ordinary care by failing to properly restrain the dog. In fact, many local governments in Texas, including both the city of Austin and Travis County, have laws requiring dog owners to have their dogs restrained at all times (though the City of Austin has some exceptions for recognized dog parks).
If you have been injured by a dog, bitten, knocked down or mauled you may be able to seek compensation for your losses. These may include the typical costs of medical care and loss of earnings, and pain and mental anguish.
Most owners believe that their dogs are not dangerous. However, Texas courts will apply the “strict liability” rule in cases where the dog is known to be dangerous. A dog which has bitten a person, will be classified as dangerous, even if no harm or injury was reported.
But even if the dog did not have a history, there are times when you can hold the owner or others responsible for the injuries claimed. You need to talk to a lawyer who can determine whether any of these situations apply to your claim.
Every year thousands of people across the nation are bitten or badly injured by a dog and/or other animals. While some of the injuries may not be serious, some of them can be very bad and require surgical intervention to repair wounds or, worse, the victim is killed. Dog bites happen more often than you would expect.
If you have been attacked by an animal, make sure to seek medical care, no matter how small you think the injury may or may not be. Also, if possible, attempt to get information about the animal and the owner. While that may not always be possible, if you can try to get a picture of the animal and/or owner, someone may recognize them later.
It’s important to try and identify the owner and dog because you may then be able to determine if the animal was vaccinated for rabies. If you do not have an answer to that question when the doctor asks if the animal was vaccinated, you may end up having to endure painful, but protective rabies shots. It is also a good idea to consult with an experienced Austin dog bite attorney to find out what your legal options are in your situation.
You may wonder why you would need an attorney for a dog bite when you just need to file a claim for damages against the animal’s owner and the owner’s home insurance. But these claims are complicated.
First, you need to remember that the insurance company is not your friend. The insurance company’s goal is to pay you as little as possible. And you probably don’t know enough about the law to know your rights so that you can fight back at them to get the amount you’re entitled to receive.
Beyond that, the insurance company isn’t always completely truthful to victims of dog attacks. For example, insurance companies frequently offer you a settlement amount, which might sound good, but they don’t explain that you might have to use that money to pay back your health insurance company for any benefits the health insurance company paid.
The compensation you may be able to recover in a dog bite case includes: mental anguish; current and future medical bills and care; pain; disfigurement; loss of income in the past; loss of income or opportunity in the future; loss of quality of life; defensive measures such as putting up a fence; loss of the value of a home because of the proximity of dangerous dogs; past counseling expenses and future psychological costs;and possibly punitive damages depending on the circumstances of the case.
Texas does allow closely related bystanders to recover compensation for emotional distress, but does not allow any plaintiff to sue for negligent infliction of mental anguish. For example, if a parent sees their child attacked, the parent may sue for the distress the parent suffered watching the attack.
Typically, the worst injuries medical personnel see are facial injuries that need stitches or surgery. In some cases, once a dog attacks, they do not stop and the injuries may be inflicted on other parts of the body during the attack, as dogs tend to maul their victims while biting. Some dogs, if they cannot be stopped or diverted, can kill a victim. We have represented victims on the full range of the spectrum, from representing clients who have relatively minor injuries to representing a family of a child killed by a dog.
The most common factors demonstrating that a dog owner knew or should have known their animal may be vicious include, but are not limited to:
Every year many Americans get bitten or are badly injured by dogs (and other animals). Many of the injuries may not be too serious, but there are a significant number of people that “are” badly hurt. Some may even be killed by a dog.
One of the first things that you need to do is to get medical treatment as soon as possible and make certain to document every step. Take pictures of the injuries, the doctor’s report, your other medical bills, such as medications and gather as much information as you can about the person who owns the dog, the dog and the incident you can.
If you are able to provide pictures of the dog and owner, that is also helpful. If you are able to find out if the dog has a prior history of attacking people it is also is good idea to find out if that dog has had it’s rabies shots. Do you know the owner? Does anyone in your area know the dog and/or the owner? Has their been other incidents involving this dog and owner?
Was the dog on a leash at the time of the incident? Was the dog off leash? Try to write down everything that you can recall about the attack. While you may be in shock, if you can get down as much information as possible, it would give bylaw officers and/or police a good start on trying to find the owner and the dog.
If your goal is to make a claim for injuries, that is usually done against the owner of the animal(s) and his or her home insurance company. It’s likely the insurance company is going to make every attempt they can to persuade you that you do not need to call a lawyer. Call a lawyer for advice on your legal rights.
They may also tell you the are not going to pay in advance for treatment and are only going to pay you for your out of pocket expenses. Call a lawyer and do not listen to the insurance company, because it’s in “their” best interest that you do not hire an attorney. Protect “your” rights, because the insurance company is not going to protect them.
The real question in situations such as the one you describe is just what constitutes provoking? If the dog was being beaten and bit you, you may or may not have a case. However, if you were merely petting the dog and it latched onto your arm, an insurance company could try to claim you provoked it. That said, it would be highly unlikely that a jury would see things that way. An accusation is just an accusation without any proof and it does not mean you do not have a case. Even if you did provoke the dog, then you may not be barred from making a dog bite claim, but your damages may be limited. Our dog bite injury attorney can determine if you have a case.
Yes, it is possible to file a bystander claim after someone has witnessed a dog attack. If the parent or child of an injured victim saw a violent attack or witnessed a death, under Texas law, the witness may sue for mental anguish. In other words, Texas allows closely related bystanders to file suit for emotional distress.
In most circumstances, the person liable for the dog that bit you would be the dog’s owner and the person handling the dog. Usually the owner’s home insurance covers things like that unless the dog (perhaps because of its breed) is excluded from the policy.
There are some instances where a premises owner allows a dangerous animal on its premises and they can be held liable for the legal costs. For example, if a landlord allows a tenant to keep a dog that is known to be dangerous or if a restaurant allows a patron to bring a dog that the restaurant knows is dangerous, then the landlord or restaurant could be liable for damages caused by the dog.
In all cases involving being bitten by a dog, seek medical attention immediately. Do not wait. Chances are that you may need an antiviral or antibiotic for you injuries. You also need to make sure you are current on your tetanus and rabies shots. Once you have taken care of the wound, call a dog bite attorney immediately. You need to know what your legal options and rights are and how to proceed to file a case if that is what you wish to do.
It is difficult to provide an absolute timeline for dog bite case, or any other case for that matter, because we need to be able to evaluate the damages prior to trying to attempt any settlement or court appearance. This usually does not happen until the victim reaches maximum medical improvement, which means they are as good as they are going to get or fully recovered. At that point we look at what the victim’s needs for the future are to determine possible medical expenses. Reaching that point may take a long time, as it is dependent on how fast and well the victim heals.
There are two claims that can be filed in a case of a dog attack. One such way is by failing a negligence claim. For example, failing to properly restrain the dog is not the only way a dog owner may fail to use ordinary care. Other common situations occur when a dog owner may be negligent for failing to properly socialize the dog, failing to properly handle the dog or failing to properly train the dog.
The other common dog bite claim is called a strict liability claim. Under a strict liability claim, a person is strictly liable for the actions of the dog (or other domesticated animal) if (1) the person is the owner or possessor (for example, someone keeping or watching the dog for the owner) of the dog; (2) the dog had dangerous propensities abnormal to its class (in other words, is it more dangerous than typical dogs); (3) the person knew or had reason to know the dog had dangerous propensities; and (4) those propensities were a producing cause of the plaintiff’s injuries.
The difference between these two claims is that a strict liability claim requires proof that the dog owner knew the dog was dangerous, while a negligence claim does not have that requirement. We try to prove that the dog owner knew the dog was dangerous regardless of which claim we are making. Even for a negligence claim, if you can prove that the dog owner knew the dog was dangerous and still failed to properly handle, train or restrain the dog, the results will be better.
Yes, take pictures after you have been bitten and as you heal. These photos show injuries and the extent of the damage done by the dog bite. Such photos will serve as evidence of your injuries. In addition to taking photos, keep all medical bills and other related receipts for the injury, including possible psychological counseling and other related trauma assistance sought in the wake of a dog attack.
This is a difficult question. If you read many articles on the internet, they will mistakenly state that you have to prove that the dog that attacked you had a history of aggression. And while that is true for one cause of action that you can assert, it is not true for all claims you can make. In many cases, we’re able to make a recovery for a client even when there is no history of aggression by the dog. In Texas, there are several claims that can be made against a dog owner. Some of these claims require that you prove the dog was vicious and that it had a history of attacks. However, some of the legal theories that you can pursue do not require any proof that the dog had a history of aggression. Some individuals who suffer mild concussions but never lose consciousness do not get a full neurological medical workup. Dog bite cases can be complex, and it’s a good idea to speak to an experienced attorney and find out what your rights are and how to move forward with a lawsuit.
Of course, from the perspective of the value of the case, it is better to prove that the dog had a history of aggression. In dog attack cases, there are several elements of damages that you are entitled to recover, including costs of medical care, earnings you lost because of the attack, pain, mental anguish, physical impairment (what things did the injuries prevent you from doing or make it more difficult for you to do), and scarring/disfigurement. Reading about them on their face, the extent of these damages shouldn’t depend on whether the dog had a history of aggression, but in reality, there are several factors that affect what a jury awards for these amounts. For example, if the dog has a history of being a vicious dog, the award will be higher. If the dog is considered to be a dangerous breed, the award will be higher. And the larger the dog, the higher the awards tend to be.
If the dog has a history of attacking people, it may be ordered euthanized, and the owner may be held criminally liable in dog attack cases that involve serious injury and/or death.
The short answer is yes, you can sue for a dog bite, but it’s not quite as straightforward as that, at least, not in Texas. You may have heard of the “one bite rule” relating to dogs, meaning the owner is not held liable for the first bite. That is, a dog owner can’t be liable for an attack unless the dog has a history of prior attacks. Texas does not have a “one bite rule.”
Dog bites are on the rise across the nation and in Texas. In fact, recent figures released by the Centers for Disease Control (CDC) reveal there are approximately 4.5 million bites every year. Of these dog bite injuries, at least 750,000 of the people bitten needed medical care and over 300,000 individuals arrive at the emergency room every year after being bitten by a dog.
The dog bite problem is a lot bigger in Texas than many people realize. In fact, between 2005 and 2013, there were 34 fatalities recorded as a result of dog attacks – a figure that far outstrips other states. It’s disturbing for another reason and that is that most of the targets for dog attacks are children: 52 percent under the age of 3-years-old and 68 percent under the age of 12-years-old.
While it is very tempting to post pictures and commentary on social media platforms to share dog bite stories, as an attorney this is one of the first things I tell you “not” to do. Do “not” post pictures or details of a dog attack on any social media. Why?
Because you need to assume that the insurance company is trolling for just that kind of information and when they find it, they make copies of it, twisting the facts against “you.” An insurance company is not your friend and their intention is to attempt to reduce, diminish or deny any claims made to protect the company bottom line. Do not post about the attack, any injuries sustained or your case. Speak “only” to your lawyer and do not wait too long to file a claim
Animal attacks in the Lone Star State must be filed within two years of the attack. Do not wait too long to file a claim. It is vitally important to reach out to an dog bite injury attorney right away in order to ensure all investigations relating to the case are conducted promptly, when the evidence is fresh. The attorney investigates the dog’s history, talks to neighbors or others injured by the same dog, perhaps the dog’s veterinarian, and in general pieces together a picture of the dog’s personality. The longer you wait, the harder it is for your attorney to make a case without evidence.
Types of dogs implicated in attacks
Just about any dog, if given enough provocation, can bite. Several breeds usually carry out the most serious attacks and those breeds are: Pit Bulls (4,693 attacks between 1982 and 2016), Rottweilers (612 attacks between 1982 and 2016), German Shepherds (220 attacks between 1982 and 2016), Bull Mastiffs (124 attacks between 1982 and 2016), and Huskies (95 attacks between 1982 and 2016).
The average costs of dog bite claims has skyrocketed 90 percent between 2003 and 2017 and according to DogsBite.org, these injuries account for over one third of all homeowners’ liability claims. In 2015 alone, 28,000 victims underwent reconstructive surgery after being attacked. Hospital stays also jumped 86 percent between 1993 and 2008 resulting in a medical bill of at least $18,200. Of course, the costs have escalated over the years.
The types of claims possible in a dog bite case
There are two ways to file a dog bite claim in Texas: strict liability and negligence.
To proceed on a negligence claim, the victim/plaintiff has to prove that the dog’s owner (or the person caring for the dog) was negligent and that the owner’s negligence caused the plaintiff’s injuries. The owner being negligent may involve an improperly restrained dog, an untrained or poorly trained dog or that the owner made very little effort to intervene during an attack.
Strict liability refers to the defendant/dog owner being responsible for injuries caused by his or her dog provided the victim/plaintiff proves the defendant/dog owner was the animal’s owner/possessor, that the dog in question had/has dangerous propensities compared to other dogs, that the owner/defendant knew or had reason to know the dog was dangerous and that the dangerous dog was the direct cause of the plaintiff’s/victim’s injuries.
Things to avoid when filing a dog bite claim
There are a number of things you need to avoid doing when dealing with a dog bite claim, such as:
• Avoid settling too early – insurance companies want you to settle early for less than you could be awarded in court or a settlement. They push you to do that without giving you a chance to fully appreciate the extent of your injuries. Don’t give up your rights or you cannot recover later.
• Forgetting to call the police or getting information from bystanders at the scene – if you cannot get information about the dog and owner, a claim becomes virtually impossible.
• Do not talk to the insurance company – the insurance adjuster’s job centers on giving you as little as possible and using any information you may give them against you. Stay silent and refer them to your attorney.
• Avoid misleading or not being honest with your lawyer – if we hear bad news from you, we can work with it. If we hear bad news from the insurance company, the damage is done and we cannot always rectify the situation.
• Avoid putting off documenting your injuries and losses – the insurance company needs a record of them, the doctor could use it and your attorney can use it in court or in settlement proceedings
• Avoid being dishonest with your doctor – the doctor may testify at the trial. If you have told him or her a fib, it does not help your case.
• Not following the doctor’s recommendations relating to your injuries – insurance companies love finding out you did not follow doctor’s orders and this usually results in a reduction of your claim.
• Judging your case as being similar to a friend’s claim – every case, detail and resolution is different. We cannot judge another case against yours as the details are going to be different.
Who can be sued in a Texas dog bite case?
While each dog bite case is different, there are a number of individuals who may be sued in a dog bite case, starting with the dog’s owner. However, there are other scenarios where other people may be sued as well, such as an individual caring for a dog, a landlord and/or a property management company. For instance, if a Texas landlord is able to control the renter’s premises and knows a dangerous dog is on the premises, then that person owes a duty of care to any individual injured by a dog bite.
What’s recoverable for dog bite claims
There are a number of things that a plaintiff/victim may recover in a successful dog bit claim and those include:
• Medical expenses – includes all care relating to the dog bite injury, including psychological services
• Pain – compensation for the pain you endured from the injury
• Mental anguish – recovery for the aftermath of the attack, such as nightmares, depression, nausea, anxiety, flashbacks of the attack
• Loss of earning capacity – if the attack affects your ability to work, you are entitled to damages for that loss
• Disfigurement – dog attacks often result in scarring and/or plastic surgery and you may recover the medical expenses incurred
• Physical impairment – if your ability to do various activities is hampered, such as taking care of the kids, doing chores, etc., you may recover compensation for these losses
Yes, there are some misconceptions about who is liable for a dog bite. One of them is that people think that because they were bitten, the dog’s owner or their insurance company is automatically liable. That is not true. It is not true because the plaintiff usually has to prove that there was some negligence involved in the incident. This negligence typically involves the way that the dog owner or controller handled the dog or trained it.
No, the dog bite laws are not the same all across Texas. Each county and even city may have its own dog bite law that all dog owners must obey.
Texas does not have a dog bite statue. Instead the state follows a rule from Marshall v. Ranne which says that Texas is a negligence or a “one bite rule” state. Thus, in a dog bite claim the injured party must demonstrate that the dog owner knew their dog had been aggressive or had bitten someone in the past, and the dog owner was negligent in controlling their dog to prevent the dog bite.
Texas seems to be worse than the average state. In a report bydogsbite.org it showed there were 34 Texas dog bite fatalities between 2005 and 2013 —more deaths than any other state. The report further indicated that pit bulls were responsible for 76 percent of the total number of deaths and that Rottweilers accounted for 15 percent of the total. Pit bulls have more prominence in Texas compared to nationally. This is most likely due to the 1991 state wide law prohibiting municipalities from regulating specific dog breeds and perhaps the state’s long reputation for dog-fighting.
Texas data also indicates that 68 percent of the victims (23) were children ages 11-years and younger and 52 percent (12) were ages 2 and younger.
Dog bites and dog attacks happen far more often than people may think. Statistics show that there are approximately 78 million dogs in the United States, and the American Humane Society (AHS) estimates that roughly 4.7 million dog bites happen each year with 800,000 bites requiring medical attention. Approximately 25 percent of fatal dog attacks involve canines that are chained and 24 percent of fatal attacks are the result of dogs running loose.
Traumatic brain injury is referred to as a silent injury because in many cases, although not all, there are no visible signs that indicate trauma. TBI is similar to whiplash, where the damage is internal and not readily seen. It is also not uncommon for a brain injury to not be seen on MRI or CT results.
The first challenge is recognizing the injuries of a traumatic brain injury. Often, doctors do not have a good baseline to know what you were like before or after the incident. As a result, many brain injuries go undiagnosed.
The second important difficulty with whiplash and some TBI cases is proving the injury exists and demonstrating how it affects the victim on a daily basis. Medical records and treatment plans for injuries such as these are crucial to obtaining fair and equitable compensation as the result of a personal injury accident. Traumatic brain injury cases are highly complex and it is best to work with an experienced traumatic brain injury attorney.
There are four main categories of injury that may cause traumatic brain injury: toxic injuries, penetrating injuries, closed head injuries and anoxic injuries.
1. Toxic injuries are the result of exposure to chemicals. The chemical agent crosses the blood-brain barrier, killing brain cells.
2. Penetrating injuries damage the brain’s neurons. Examples include gunshot wounds and other injuries that leave an object embedded in the skull.
3. Closed head injuries result when the brain suffers an impact or is whiplashed from side to side, front to back or both, causing fluid buildup, pressure and other neurological changes.
4. Anoxic injuries are the end result of oxygen starvation and cause brain cells to die.
There are several types of head injuries and each injury is treated in a different manner. They are:
The symptoms of head injuries can vary widely in their degree. Moreover, head injury symptoms may not appear immediately after an accident. Some head injury symptoms can take day so weeks to manifest. Here is a list of the most common head injury symptoms:
Symptoms of moderate to severe head injuries include:
The most common problems after a traumatic brain injury involve the inability to access memories, issues with learning old and new information, over-stimulation, an inability to filter issues affecting them, difficulty paying attention, a decreased ability to solve problems and the complete or partial loss of executive thinking skills.
Some of these issues may resolve over time, and others may require ongoing therapy and rehabilitation.
The most common cause of a traumatic brain injury is usually a vehicle accident. Having said that the list of situations that may result in a brain injury are quite extensive.
Head injuries may be sustained by being involved in:
An open head injury is one when an object penetrates the skull and pierces the brain tissue. It is also called a penetrating head injury. This can happen a number of ways, but the most common way to sustain an open head injury is as a result of having a skull fracture or it was the result of being hit by flying debris or glass in a car accident.
An open head injury needs to be treated immediately as it may result in brain swelling or bleeding or a serious infection. It is important to get a prompt medical workup if you believe you suffered a head injury.
Other types of head injuries exist like, closed head, coup-contrecoup brain injuries, concussions and diffuse axonal injuries. A closed head injury will have no visible blood or penetration of the skull. Coup-contrecoup brain injuries are the result of brain bruising caused when the momentum of a crash causes the brain to move inside the skull. A concussion is typically the result of being hit in the head. Diffuse axonal injury is result of the brain rapidly shifting inside the skull due to trauma that caused the axons/fibers to be sheared.
A brain injury is much like it sounds, an injury to some part of the brain.
There are a number of types of brain injuries. The most common type of head injury is a concussion. A concussion is caused by trauma to the head or by sudden movement or change in movement of the head. In the personal injury setting, concussions can be caused by a blow to the head, such as a head hitting a steering wheel or hitting the ground after a fall, but also from a change of movement, such as a whiplash type of injury. While many of us are desensitized to the term “concussion” because of their frequency in some sports, concussions can be very serious. In many cases, it may take months or even years for a concussion to heal.
A contusion is a bruise or bleeding on the brain. Brain contusions are most often caused by direct blows to the head.
In a coup-contraeoup contusion, the brain suffers a contusion on the side of the head that suffered the blow and on the other side of the head when the brain slams back into the skull.
Most brain injuries are caused by trauma. That can include a blow to the head, where the force travels through the skull and damages the soft brain tissue, or it can include a force that causes the head to move quickly so that the brain moves inside the skull and hits the skull.
Approximately 50 to 70 percent of all traumatic brain injuries are caused by car crashes. Another common cause of brain injuries is a loss of oxygen to the brain.
Traumatic brain injury symptoms will vary depending on the severity of the injury. For some TBIs, symptoms may not appear for days or weeks. For other injuries, symptoms may be readily apparent. Moreover, each person experiences symptoms differently, and many people may not be aware that they are experiencing TBI symptoms.
Mild TBI symptoms include:
Moderate to severe TBIs may display the following symptoms:
If these symptoms are not medically assessed, the issues may turn into long-term complications that can include:
Symptoms of TBI are often complex and highly varied depending on the nature of the trauma, the severity of the accident that caused the trauma and how quickly the victim received treatment. In general, some of the more common symptoms that may be experienced include:
While there is a large number of accidents and unexpected mishaps that may result in traumatic brain injury (TBI), the leading causes of TBI include:
There are generally two types of brain injuries: mild and severe (though no brain injury is mild to you when you or a family member is the one with the injury).
Generally speaking, a mild brain injury may involve no loss of consciousness or a short loss of consciousness (perhaps less than thirty minutes). Typical symptoms might be confusion, headaches, irritability, mood swings, difficulty coming up with thoughts or words, or other cognitive issues. And these injuries shouldn’t be minimized because they are termed “mild” injuries. In many cases, a “mild” brain injury will have a drastic effect on you and your loved ones. Additionally,many cases of mild brain injury are undiagnosed and untreated. In fact, they may not even show up on a CAT scan or MRI. As a result, injured persons may have a more difficult time thinking or families may find themselves fighting more without really understanding why. If you’re involved in a wreck, it’s critical that you take a hard and honest look at the symptoms to help determine whether you might have a brain injury that needs treatment.
A severe brain injury is generally associated with loss of consciousness for more than thirty minutes. A person with a severe brain injury may experience many of the same symptoms as a person with a mild brain injury, though the degree of the symptoms might be greater.
Some of the symptoms of a traumatic brain injury may include:
The prognosis for your brain injury is typically determined by a number of things, including the location of the trauma, the size and the severity of the damage and the length and seriousness of any injury that you may have sustained.
Generally speaking, the worse a traumatic brain injury is, the longer the period of recovery and the more long-term effects are likely to be present. This is important information to know when speaking to an attorney, as it determines the amount of compensation that may be obtained to ensure ongoing treatment.
There are different stages in brain injury recovery, for example during the initial stages of treating a traumatic brain injury (TBI) the focus is on saving the person’s life. What follows is usually chronic care that requires a variety of rehabilitative medical technologies to aid the recovering victim. The rehab goal for those recovering from TBI is to overcome, minimize or work through disabilities to live as independently as possible. Sometimes, that may mean therapy and work to actually heal the brain, but sometimes it means therapy to help teach you coping mechanisms to better live with your injuries.
Yes, some people may recover from a traumatic brain injury (TBI). However, some individuals never recover and may require lifelong medical care. If their particular type of brain injury affects the ability to breathe or swallow, they may need medical equipment. Some may not be able to live at home and need to be placed in a long-term care facility. Others may be dealing with long-term depression and chronic pain.
Additionally, a TBI survivor may also end up dealing with digestive issues, blood clots, joint immobility, difficulty breathing and infections. Many also find themselves making frequent trips to hospitals as a result of their initial injury.
If you or a loved one is dealing with the aftermath of a TBI, speak to a personal injury attorney about your legal rights and find out how those responsible for the injury can be held responsible for compensation for your injuries and emotional suffering.
In many traumatic brain injury accidents, yes, there are physical changes to the brain. Changes that you and your family may observe include:
If you are experiencing the symptoms above, it is best to reach out to a doctor to have the seriousness of your traumatic brain injury graded. Knowing the grade assists your attorney is determining a reasonable amount of compensation for your accident based on what you need to recover as best as can be expected.
Yes, if while playing soccer your wife headed the ball and collided head-to-head with another player, she may have sustained a traumatic brain injury. Some of the symptoms that one may expect to experience after a head injury may include difficulty concentrating, headaches, irritability, nausea and difficulty balancing. These signals may not manifest until several hours or days later.
If the coach suggests your wife may have sustained such an injury, it is best to immediately seek medical aid. It would also be a good idea to stop playing on the field, or run the risk of making the concussion worse.
Yes, it is possible that your son has sustained a traumatic brain injury despite the fact that he was wearing a helmet. Even though helmets are designed to minimize blows to the head, they cannot and do not protect against all types blows to the head during play. Thus, it is not only possible for someone to sustain a head injury while wearing a helmet it has turned out to be more common than once thought. One only has to look to the National Football League to get a good idea of the extent of traumatic brain injury that numerous players sustained as a result of multiple concussions.
If your son was not told the risks of playing football, even while wearing a helmet, and was not appropriately treated as a result of being hit in the head, you may have a good case against the school and the team coach. When in doubt, reach out to speak with a knowledgeable brain injury attorney to find out what your rights are and how to file a lawsuit if you wish to recover compensation such injuries.
Injuries to the brain are usually classified as open or closed. A closed head injury means the trauma occurred as a result of a blow to the head where the brain slams against the inside of the skull from side-to-side or front-to-back. These types of injuries are referred to as diffuse or focal. Diffuse means the injury affects tissues and cells all through the brain. Focal means the injury is in one area (a focal point).
Closed head trauma may range from mild to severe and may affect various locations in the brain, such as the parietal or occipital lobes.
An open head injury may also be referred to as a penetrating head trauma. This happens when an object pierces the skull and pushes into the brain. With injuries of this nature, they are generally classified as focal – a specific location in the brain.
The doctor is correct. Many people who have been involved in vehicle accidents do experience head trauma. They may lose consciousness right away or seem fine only to develop symptoms later. Traumatic brain injuries (TBIs) are often complex injuries.
Many people do not realize that a hit to the head, whether mild or not, has the potential to result in long-term health issues. The more severe the head trauma, the more serious the disabilities that may accompany it.
It would be a good idea to speak to an experienced traumatic brain injury attorney and find out what your mom’s legal rights are, how TBI may affect your her, what she may expect as she recovers and what you may expect to receive in compensation in a settlement or as the result of a jury verdict.
Traumatic brain injury (TBI) is divided into two categories, mild and severe. A brain injury can be classified as mild if confusion, disorientation and/or loss of consciousness are less than 30 minutes. An individual with mild TBI will have cognitive problems like headaches, memory loss, mood swings, etc. Severe brain injuries are associated with loss of consciousness of more than 30 minutes and memory loss. A person with severe TBI will experience severe impairment to their health. Many will experience physical, emotional, and cognitive loss and some will remain in comatose states.
A skull fracture is a serious injury and likely resulted in your friend losing consciousness instantly. Such an injury carries with it the likelihood of severe brain damage. It is important that your friend obtains medical help and undergoes tests to determine the severity of his TBI. The effects of TBI can be profound and long-term rehabilitation may be necessary.
Can your friend sue the team, coaches and perhaps the educational institution for not fully explaining the risks playing football? It is likely that he can, but he would need to speak to an experienced traumatic brain injury attorney to find out what his options are and whether he may have a case.
Your doctor is referring to issues attributed to specific aspects of a brain injury. An example would be the impairment or loss of control over judgment and normal inhibitions. Patients may struggle with perception problems or frequent frustration. They may be unable to control their impulses, get angry without provocation or act in socially inappropriate ways. Sometimes medications assist patients in regaining control of their behavior.
An acquired brain injury usually occurs after birth, and is not considered to be degenerative, congenital or hereditary. The impairments may be permanent or temporary and may cause partial disability, psychosocial maladjustment or functional disability.
The most common causes of acquired brain injuries may include but are not limited to:
An injury to the brain stem usually affects motor control, mobility and other central functions that the body carries out on a daily basis. The brain stem is in control of a number of physiologic systems. If damaged, a patient may have difficulties with walking, standing up, sitting down, writing, lifting and other basic activities. Many patients face a lifetime of rehabilitation to help them cope and regain function.
In many cases involving an accident with an 18-wheeler, it is well advised to bring on expert witnesses to help with the accident investigation. They have the ability to sift through and analyze information garnered at an accident scene to determine liability and thus be in a position to provide testimony in court relating to the question of liability. Experts are also often retained to ensure driving logs and safety inspections were done in accordance with the law.
One of the main reasons you want to retain legal representation after a truck accident is because the trucking company has a team of lawyers and investigators already on the way before the dust from the collision settles.
This means that the defense team for the trucking company is on the scene even before the vehicles involved are moved. This is a problem because evidence can go missing or be contaminated, making it more difficult to prove your injury case.
When the trucking company accident investigation teams arrive, they track down and talk to witnesses, talk to all the police officers on the scene, shoot pictures, take video, and document the scene in great detail. They are already developing a defense strategy to defend the trucker and trucking company that is designed to defer liability to the accident survivor or victim. They find everything they can to reduce the trucker’s liability.
This is important information for survivors and for families who have lost a loved one. Trucking companies and their drivers can be held liable for collisions in several ways, and a skilled trucking accident attorney can help you move your case forward. Additionally, trucking accidents are not the same as being involved in a crash with another vehicle.
One of the major differences in a trucking accident is that the owner of the truck may not be working for the trucking company or may not even work for the person hauling the load. There may be a separate owner for the trailer. It may be leased. Or you may have a situation where owner-operators own their truck but work for someone else. It is complex and confusing and only an experienced trucking accident attorney can sort out the whole situation.
The accident may have also been the result of negligent hiring. This refers to trucking companies that hire a driver but do not properly train, test, or screen them according to applicable rules and regulations. Trucking companies are, per federal and state regulations and rules, required to conduct a background check, call other employers, and do a drug screen. The level of liability they carry for a trucking accident can enormous.
There are two others areas to be aware of when it comes to trucking accidents. One is negligent retention of a driver and the other is negligent entrustment. Negligent entrustment means that a trucking company knows the trucker has a spotty driving record and history, and they still let the individual drive. Negligent retention is when a trucking company chooses to keep a trucker on the road even after they have demonstrated that they are not safe drivers or otherwise should not have been retained.
Trucking accidents are usually much worse than car accidents because of the weight of heavy loads trucks carry. Due to their size and weight, truck can not come to a full stop as fast as cars can. Therefore, trucking crashes tend to be worse. In addition, many large trucks also carry dangerous loads that increase the danger to other drivers on the road.
Legal weight for an eighteen-wheeler is 80,000 pounds or 40 tons. This weight calculation assumes that there are no oversize or overweight permits on a particular vehicle. In comparison, the average automobile weighs approximately 5,000 pounds.
Even a semi that is not carrying a load weighs significantly more than the average car. Without a load a semi may weigh between 16000 and 20000 pounds. In addition, the empty trailer tends to add several more tons.
According to the National Highway Traffic and Safety Administration (NHTSA), there were 333,000 large trucks involved in wrecks in 2016.
The short answer lies with the structure of a big rig. Most commercial trucks are designed to endure hauling a massive load. The side effects of that design includes, but is not limited to, poor braking ability, slower acceleration, poor visibility and larger blind spots. The general motoring public is not always conscious of these differences. Passenger vehicles react faster to dangerous situations than large trucks.
Additionally, many commercial trucking companies cut corners to make profits. Profit incentives encourage truckers to speed and to drive even when they’re tired. Trucking companies may hire cheaper, unqualified drivers, “save” money by limiting maintenance or training, or encourage their truckers to get as many loads out as possible — even if it takes speeding or fatigue to get it done.
Big rigs are dangerous for their size and their related lack of maneuverability. They cannot stop immediately due to their enormous weight, and they must make exceedingly wide turns. Drivers cannot always see vehicles or the blind spots that hide traffic from view.
A fully loaded commercial truck may weigh more than 80,000 pounds. But a passenger car weighs about 3,000 pounds. A loaded truck cannot stop as fast as a passenger vehicle, and the enormous force of 80,000 pounds slamming into 3,000 pounds often obliterates the latter.
There are a number of people or entities that may be sued as a result of a truck accident where it appears the driver is at fault. Those that may be sued include, but may not be limited to: the trucker, the truck owner, the tractor trailer owner, the company named on the vehicle, the loading facility and possibly the owner of the truck’s content.
The answer to this question depends on the details of the accident. Generally, if the truck driver was a cause of the wreck, your lawyer will sue the truck driver and the trucking company. Under Texas law, the trucking company is usually liable based on a theory of respondeat superior – meaning a company (the trucking company) is liable for the actions of its agents (the driver).
Additionally, trucking companies may also be liable for their own negligence that contributed to an accident. That can include having policies that make a wreck more likely, inadequate investigation into a driver’s background, inadequate supervision of drivers, inadequate training of drivers, and more.
It is critically important to get an experienced lawyer who knows these potential claims. Not pursuing the right claims can make a large difference in what evidence the jury gets to hear and thus, a big difference in your case.
Most people think that if they have been involved in an accident with a big rig that it is the driver at fault, or possibly the trucking company. However, there is more than one way in which drivers and trucking companies may be liable, responsible for an accident.
In 18-wheeler accidents the driver of the truck may not be working for the company or may not be employed by the person hauling the load. The trailer owner may be yet another company. In many instances, there are owner/operators who own their own truck, but they work for someone. Each entity in this equation has a role and responsibilities under the Department of Transportation’s rules and regulations governing trucking. Thus, there are various individuals and entities that may be sued in the event of an accident.
Lawyers can pursue negligent hiring where the employer does not properly vet a driver they had hired. For instance, did they do a drug screen, a background check or contact former employers. Or they may be able to pursue negligent in retention or negligent entrustment as an issue in your case. Negligent entrustment relates to the employer knowing the driver has a history of problems and hires that individual anyway. That may make the employer responsible for the accident as well. And negligent retention refers to an employer keeping/retaining a driver on staff after they have had a dischargeable offense and yet they are still permitted to drive.
Any number of individuals, companies, maintenance personnel, truck manufacturers and equipment manufacturers may be linked to the accident in some manner, and a lawyer may sue anyone so involved. Liability is not always attributable to just the truck’s driver; named defendants may also include, but not be limited to, the shipper, trailer owner, and trucking company as well.
Trucking accidents are one of the most complicated situations for everyone involved because there are numerous defendants who could be named to potential lawsuits.
You may be able to receive compensation for your injuries if another party was at-fault for the crash. In commercial truck accident cases, the fault often lies with the driver, but that is not always the case. Several entities could be named in a truck accident lawsuit, including:
The complexity of a truck accident lawsuit cannot be underestimated, as it also may involve various jurisdictions and various laws. This is one of the major reasons why it is wise to consult with an experienced Austin truck accident attorney to help you navigate the legal system and secure fair and equitable compensation.
Another doctrine of the law that may be invoked in a truck accident case is that of respondeat superior. This is a legal theory holding a company responsible for a traffic accident caused by a trucker – provided the driver was an employee acting in the scope of their employment.
In other cases, it may be that the trucker was partially to blame for a crash, but that you were also at-fault by tailgating or cutting the driver off while passing. If that is the case, Texas follows the modified comparative fault law. This means that you are eligible to recover damages limited to your percentage of fault for the crash. If you were more than 50 percent at-fault, you cannot recover any damages.
All truck accident cases must be filed within two years from the date of the accident to proceed. If a government vehicle is involved, the window for filing a claim is much shorter. Do not delay contacting an attorney to find out how that may affect you.
If someone you loved was involved in a truck accident, it may also be appropriate to file a wrongful death lawsuit. Again, this is something that a knowledgeable truck accident attorney can help you sort out. It is best to know your legal rights, as the more informed you are, the better your decisions may be.
There are a number of potential parties that may be sued in the aftermath of a big rig accident. Depending on what caused and contributed to the accident, you could sue:
Each truck accident case is unique and all aspects of the crash should be thoroughly examined by an experienced truck accident attorney to ensure victims are compensated for their injuries. In some instances, a truck accident that resulted in a death may be an appropriate time to file a wrongful death lawsuit.
While it is indeed an accident, a collision with a big rig is subject to different rules and regulations than one involving two passenger vehicles. The same laws of negligence are applicable. However, there are special Vehicle Code sections only applicable to commercial trucking companies and truckers and special training and licensing requirements for truckers that, generally speaking, make accidents easier to win for plaintiff victims.
The law mandates that trucking companies keep records that must be produced for trial. These documents are often destroyed if an attorney for the plaintiff does not secure them quickly.
In Texas, a truck is any vehicle that is primarily used to haul property or goods.
Generally, when someone refers to being involved in a truck accident, they mean a collision involving a large commercial vehicle such as:
It is important to know that additional laws that may govern your case depending on the type of truck or the characteristics of the truck that caused your automobile accident.
Awards and/or settlements in cases involving big rig accidents tend to be higher than accidents involving passenger vehicles because of the severity of injuries or even death. Often 18-wheeler accidents can mean life-altering injuries or death.
Professional truck drivers are subject to more rules and regulations than an ordinary driver. First, they must obtain a commercial driver’s license. Second, truck drivers must follow numerous safety regulations, such as only driving the specified number of hours per day, only drive at a certain speed, not text and drive, and must not drive under the influence of drugs and/or alcohol.
If a truck driver and/or the company they work for does not exercise extreme caution and adhere to safety standards, settlements and jury awards can be quite high. If evidence at the scene of an accident indicates a driver or the trucking company did not follow safety procedures, juries do not tend to look on such behavior favorably.
Due to their size and weight, trucks can weigh up to 80,000 pounds, accidents involving them are often catastrophic. A collision between a truck and a passenger vehicle will often result in severe injuries or even death.
The most common injuries sustained in truck accidents include but are not limited to:
In Texas, a jury may award economic and non-economic damages for these injuries. Economic damages typically include lost wages and medical costs, and non-economic damages typically refer to pain, mental anguish and physical impairment.
There are three categories of damages that may be applicable, depending on the nature of the case and the extent and nature of your injuries. Special damages, general damages and, in the case of egregious negligence, punitive damages. General damages typically includes pain and suffering. Special damages relate to medical bills, co-payments, mileage, lost wages, etc. Punitive damages may be awarded if the negligence in the case is so egregious that a court awards damages as a punishment, and to make an example of a defendant.
Negligence occurs when someone acts in a careless manner, which results in someone else getting hurt or property being damaged.
There are a number of situations that can illustrate negligence. For example, a truck turning left with its trailer sticking out into a lane of traffic. This is a dangerous situation that may result in other vehicles crashing into the truck.
Negligence can also be found in an improperly loaded semi. Many of the larger trucks can carry up to 40,000 pounds and if the cargo is not properly strapped down, the driver can lose control of the truck or the load falls off onto another car or on to the roadway, causing someone to hit the load.
Negligence can also include behaviors like, texting while driving, distracted driving, eating while driving, falling asleep at the wheel, speeding, driving too fast for the road conditions and so forth.
In Texas, a truck is a vehicle that usually hauls property or items. Commercial trucks can weigh upwards of 80,000 pounds, which means the truck weighs almost 20 times more than the average passenger vehicle. Commercial trucks need more time to stop than a car. A car, at about 4,000 pounds and going 65 miles per hour, needs about 316 feet to stop. A truck weighing 80,000 pounds needs about 525 feet to stop.
The National Highway Transportation Safety Administration (NHTSA) cites 4,761 deaths in collisions involving large trucks in 2017. Only 18 percent of those fatalities were occupants of the truck. Seventy-two percent of occupants of other vehicles died in accidents between trucks and cars.
In 2019, 462 people died in 408 crashes and 7,399 people were injured. There was a total of 12,523 crashes in Texas that involved a large truck or bus.
In the Lone Star State, a commercial truck includes the following vehicles:
In Texas, in some situations even a small pickup truck can be a commercial vehicle, especially in the construction industry. Those cases need to be evaluated on different standards because different rules and regulations may apply.
The term “No-Zone,” when talking about commercial trucks, refers to the areas beside and behind a commercial truck. In these areas, a trucker has very limited visibility. In some instances, he or she may have no ability to see vehicles in the right rear quarter of the truck, the left rear quarter of the truck and directly behind the vehicle for a short distance.
Although there are federal regulations and laws in place regarding this kind of a situation, some truckers still make the choice to drive while under the influence.
According to the law, commercial truckers are supposed to follow very strict laws while on the road. They are often required to submit to alcohol and drug testing. However, accidents involving a heavy commercial truck whose driver was intoxicated or high still happen frequently. In a personal injury lawsuit in situations like this, there are a number of individuals who may be sued for compensation for injuries, including the trucker, the truck owner, the employer, the owner of the trailer, the owner of the load of the trailer and possibly the mechanic who worked on truck. If you or a loved one was were involved in an accident involving a truck, contact Schuelke Law.
Discuss your case with an experienced personal injury and trucking accident lawyer to seek payment for your lost wages, pain and suffering, loss of earning capacity and other expenses. Should you choose to file a lawsuit, your attorney will review all potential damages that may be eligible for compensation and/or punitive damages.
A number of things that can constitute negligence when it comes to the actions of a truck driver in trucking accident cases. Commercial truckers are held to a higher professional standard.
In a truck accident, the driver, trucking company, truck owner, truck manufacturers, parts manufacturers and more can be held liable and negligent in a truck accident. The following factors can contribute to a truck accident:
Negligence is the main point to show in personal injury accidents, such as trucking accidents. Do not wait to hire a trucking accident attorney if you have been involved in a crash with a truck.
Truckers are held to a higher standard of due care and attention while driving because of the nature of the vehicle they are driving. An 18-wheeler is bigger, heavier and far more dangerous and deadly than a passenger vehicle. As a result, the driver needs to be more alert and aware at all times to their surroundings, weather, traffic and other external signals that may affect their attention and ability to drive.
Some examples of negligence include:
Although texting while behind the wheel of a truck is often a cause cited as being the reason for an accident, it is not the only reason for accidents involving trucks. Contributing to and the most common causes that result in a truck accident can include:
Those who do not drive a truck may not realize that commercial vehicles need a lot more time and distance to stop. For instance, if you are driving a regular vehicle, which weighs approximately 4,000 pounds or so, and you are doing 65 mph, you would need 316 feet to come to a full stop. However, if you were driving a tractor-trailer that can weigh up to 80,000 pounds, you would need at least 525 feet (or two football fields) to come to a stop.
In most truck accident case you could sue the trucking company. However, it is typically not “just” the trucking company that could be sued. There are often more named defendents in a truck accident because not all truckers own the truck they drive.
In truck accidents in Texas, the trucker/driver may be sued, and so can the truck owner, the lessor, if the truck is leased, the trucking company and company owner(s), the trailer owner, the person leasing the trailer, the load owner and even the maintenance mechanic. More defendents means more insurance on the table to negotiate a settlement or take the case to trial if necessary.
Trucking accident cases can take many months or even years to settle due to the complexity of each case. There are usually also jurisdictional issues that arise given that not all truck accidents involve a truck that domiciles in the same state as the accident.
We have dealt with truck accidents for decades and we’re here to help you through a complicated lawsuit. We also take care of dealing with the numerous insurance companies involved in a trucking accident. We collect all evidence and investigate the scene and provide an accurate estimate of the total value of your claim.
Each case is different and we outline the compensation you may recover depending on the nature and severity of your injuries as a result of being in a Texas truck accident. The first consultation is free.
What you can recover after a truck accident
Typically, you can recover for:
Expect nothing but a hard time attempting to claim compensation for your injuries. In the aftermath of an accident, the trucking company, truck owner and any involved insurance companies scramble to immediately conduct an investigation. The main goal of the investigation is to find as much information or proof to minimize their liability for the collision.
Most investigations involve a lot of highly personal, probing, invasive and detailed questions in the hopes you will make a statement about the accident that may incriminate you. They may want to record the statement and have you describe the injuries you sustained. Under no circumstances should you speak to a trucking company lawyer or to their insurance agent or agencies. They are hoping to garner information from you to use against you later. Anything you say will definitely be used against you later to dismiss, deny or diminish any claim you file.
Do not deal with insurance companies on your own. Make sure to reach out and connect with an experienced personal injury attorney with a track record in handling trucking accident cases.
Some of the more common contributing factors, or common causes of truck accidents include:
There are a large number of causes that may result in an 18-wheeler crash and they may include, but not be limited to:
There are several different rules and regulations relating to the usage of big rigs. Texas has specific laws for truckers and big rigs operating in the state. The Federal Motor Carrier Safety Regulations, also regulate trucks and help engage and coordinate interstate commerce. These federal rules are in depth and extensive. Some of the topics that affect companies and truckers on a federal level include:
State laws also exists for truckers and trucking companies to comply with to remain on the road. Most of those laws cover many of the same items laid out in the federal rules and regulations, and they may be found in Title 7 of the Texas Transportation Code.
Texas rules apply to commercial fleet registration, size and weight limits on state highways, issuing permits for oversized and overweight loads, and restrictions when large or super heavy loads are moved in the state. Texas has incorporated the vast majority of all the Federal Motor Carrier Safety regulations for intrastate commercial truck operations. The state also makes traffic regulations and rules for how vehicles are allowed to operate on state highways and byways. Additionally, Texas controls issuing commercial driver’s licenses to truckers working or living in the state.
Yes, large truck cannot stop on a dime. Trucks need, approximately, 525 feet or more to come to a halt. In other words, it takes at least the length of 2 football fields for trucks to stop. Commercial trucks take so long to stop because they are large and heavy. A truck can weight up to 80,000 pounds.
Passenger vehicles are much lighter and weight a couple thousand pounds. Due to their lighter weight it takes an automobile about 316 feet to stop.
One should NOT talk to the trucking company’s lawyers or to any of the multiple insurance companies also usually involved after a trucking accident. Instead, refer all such calls to one’s attorney. One should not say anything else, as even harmless conversation can be used later to attempt to limit one’s compensation.
Another point to remember is to NOT sign any papers without first talking to one’s attorney. Signing something without fully understanding it and its ramifications is unwise, and may ultimately lead to a limiting of one’s compensation, or it could cause one’s claim to be denied or having to waive one’s rights to compensation.
Yes, the truck driver may be held responsible for driving while fatigued. The Federal Motor Carrier Safety Administration deals with that issue in their hours-of-service regulations.
According to those rules and regulations, truck drivers are only permitted to drive for a specified amount of time and they must keep a detailed log of the hours they drive. Currently, drivers are mandated to take a 10-hour break between each 14-hour shift.
However, this does not always happen and there have been instances of truck drivers keeping two sets of log books. Fatigued drivers can be held responsible for any accidents, injuries or deaths if they drive while fatigued. If the trucker’s employer urged them to violate the Federal Motor Carrier Safety Administration hours-of-service regulations, they may also be held responsible for an accident.
In Texas, even if you are found to be partially responsible for your accident, you may still be able to recover compensation. Your attorney needs to know all the facts of the case in order to give you a good idea of where you may stand legally should you file a lawsuit and what compensation you may obtain based on the percentage of your liability.
Our roads are full of trucks transporting goods from one end of the country to the other. It’s necessary for both consumers and businesses. Hundreds of big rigs are on the roads daily bringing various items to market ranging from new cars to dog food, lumber to tractors and fresh vegetables to oil. Given the number of semis on the road today, it is no wonder the accident statistics are dismal.
In the United States there are over 500,000 accidents involving trucks every year. There are a variety of reasons why tractor-trailer rigs get into accidents. Some of them include, but are not limited to:
It does not matter who treated your injuries or how minor they may seem. Even if an injury looks and feels minor, internally, it may be something much worse than you may think. This is why you should go to a doctor immediately after an accident. Keep in touch with the physician and report any other complications that may turn up later. Often injuries received in a car or truck accident will manifest days or weeks later.
Be aware that if you do not seek medical attention and have a record of all aid received, treatments and possible rehabilitation, the other driver’s insurance company is going to see that in your medical records. The other driver’s insurance company wants to figure out if you were hurt in the accident or if your injuries were pre-existing. Remember that an insurance company would rather not pay out on a claim, or not pay out as much as you deserve. This is why you need an experienced and skilled car accident attorney to help you navigate your way through the nightmare of a personal injury insurance claim.
Truckers are regarded as professionals and as such they are mandated to take specific training to get and keep their commercial driver’s license. In Texas, they must also follow state and federal regulations at all times. If a trucker/trucking company is in violation of those rules and regulations, settlements and jury awards tend to be higher.
Insurance policy limits for commercial vehicles are higher than the $30,000 Texas minimum coverage applicable for passenger car insurance. This means there is likely more funds available to fairly compensate a victim for injuries sustained in a trucking accident.
A detailed accident investigation by an experienced trucking accident attorney may reveal the trucking company who hired the driver had profits in mind and not public safety. This would go toward proving liability which would make the truck company wholly or partially responsible for the accident.
No, do not give the other drivers insurance adjuster or agent any information about the wreck. Insurance companies are notorious for getting information from victims and then using it against them later. They twist the version of what you said and make it suit their narrative to try to reduce or deny any claims.
What many people do not realize is that in the aftermath of a truck accident, most companies have a team of attorneys on the way to the crash site. The investigators and company representatives spring into action to protect the truck driver. They are not there to take care of you or your family. They are there to find any reason they can to deny your claim or reduce it as much as possible. They try to get statements from those injured in the crash in the hopes those injured provide them with something they can use to diminish the claim. They strive to get a discounted claim approved.
Getting a discounted claim is counterintuitive in a truck accident case, as those injured in such a crash often have very serious injuries that require surgery, hospital stays, rehabilitation and so forth. If the injuries are serious enough, you may require medical care for the rest of your life. Taking a lowball offer from an insurance company would not cover your medical bills for the duration.
In essence, trucking companies and their representatives are not trying to help you get a good settlement when they contact you after the crash. Tell them to speak to your lawyer and if you do not have one when they first call, simply tell them that your lawyer is going to call them, and then hire an experienced trucking accident attorney.
No, do not take them up on their offer. They are not trying to help you. They are trying to settle the matter for as little money as possible. This does not benefit you if you have a long recovery ahead of you. It is not their job to take care of you or your family. Instead, they aim to reduce any claim arising from the crash. They do not want to pay out what a claim may be worth because their goal is to make money, not spend it.
There have been cases where a truck company insurance adjuster contacted victims right after the crash and before the survivors had a chance to speak to a lawyer. Usually, they are striving to get a statement from you to limit future testimony about the crash and/or are attempting to get you to take a lower amount of money. Do not make any statements. Do not sign anything. Do not answer their questions. Speak to an experienced trucking accident attorney immediately, if not sooner. Protect your legal rights in the face of insurance company intimidation.
Commercial vehicle crashes often result in extremely serious injuries and may also be fatal. The injuries sustained by survivors are more serious due to the weight of impact by a very large vehicle. This results in more serious injuries, possibly even catastrophic ones, more surgery is possible, more medical expenses, and an uncertain outcome. Put another way, your future medical costs may be extremely high for you to live as best as you can with a new normal.
If a trucking company can get you to settle fast and for a low amount, this means they reduce their exposure for medical bills that may be incurred in the future. If you were injured badly enough that it upended your whole life, you are going to need care on an ongoing basis. This is not inexpensive and why insurance companies would rather get an early settlement for a low amount. They are not interested in your well-being. They are interested in their bottom line.
Sign nothing. Say nothing. Refer insurance companies and their attorneys to your lawyer. Do not take the first settlement offer. Discuss it with your attorney.
The reference by your wife’s attorney to a runaway truck means a big rig that has lost the use of its brakes while going down a hill. Larger trucks that are heavily loaded tend to have more issues with their brakes malfunctioning when stressed by repetitive use on steep hills. You may have seen runaway truck ramps at the bottom of very steep grades, heading upward and typically filled with gravel or sand to stop the truck and keep them from harming other drivers.
A runaway truck with bad brakes can often form the basis of a personal injury lawsuit. The defendant’s negligence may include failure to control the vehicle’s speed, failure to properly maintain the vehicle, a company’s failure to supervise or train the driver, and a claim that the company was negligent in its hiring of the driver.
Yes, you may be able to file a lawsuit against the manufacturer of the airbags and particularly if the maker of those bags happens to be Takata. You may recall the massive, worldwide defective airbag recall involving numerous deaths and serious injuries when poorly made air bags exploded and shot shrapnel onto drivers and passengers. If you want further information on the types of vehicles involved in the global recall, please visit: https://www.nhtsa.gov/equipment/takata-recall-spotlight
If your car has air bags not manufactured by Takata, you can still file a suit against the air bag maker. Contact a personal injury attorneys at Schuelke Law for a free consultation.
Your uncle and his family would be best advised to hire the services of a truck accident attorney as soon as possible after the crash and in some instances, the same day as the crash. In most accidents involving an 18-wheeler or a commercial vehicle, the trucking company typically has lawyers on the scene before the vehicles are removed. Some defense lawyers actually fly a team of attorneys and investigators to the accident site to assess the scene, take notes, interview witnesses, photograph the scene and speak to police. This gives them a leg up in working on a defense for the trucker’s behavior or involvement in the collision.
If you have your own attorney, they perform similar services for you, but are on your side to provide evidence that demonstrates negligence on the part of the trucking company and/or driver. The sooner you have an attorney, the better and the easier it is for that attorney to mount a case on your behalf. Having your own lawyer at the scene of the wreck also ensures evidence does not go missing, such as the driver’s log book. We realize this is hard and often unrealistic, but the sooner someone is out there, the better.
We had a case a few years ago where this timing could have made a huge difference. We were hired late in this case, and when we received the police crash report, it was wrong. It had our clients coming from a completely different direction. Fortunately, we had an understanding police officer who was willing to listen and correct his police report. But that is often not the case. The sooner you can gather evidence and talk to the investigators, the easier it is to make sure things are as accurate as possible.
Someone in an incident like this should speak ONLY to their personal injury truck accident attorney. They should not talk about their accident with an insurance adjuster or anyone else. They should ensure all correspondence, calls or letters are channelled through their attorney. Insurance adjusters that work for the trucking company are not one’s friends and their main focus is to limit, reduce or deny that one has a claim.
Most adjusters call an accident victim before they may have a chance to contact a lawyer. Accident victims should NOT speak to them other than to say their attorney will contact them. Instead, they should simply ask for the adjuster’s name and number and advise that their lawyer will call them.
Accident victims should NOT answer any questions a trucking adjuster asks, including any question about how they are feeling or how their children are doing. Instead, they should ask for the trucking adjuster’s business card, and tell them their lawyer will call. The reason one should say nothing is because anything one says can be twisted to be used as harmful information that can reduce one’s claim.
As with any personal injury case, each situation is different, which dictates what may be awarded in various circumstances. However, generally speaking one may be eligible for compensation for pecuniary loss (loss of the care, support, services, advice and counsel that one expects from a spouse), loss of companionship and society, mental anguish and loss of inheritance (the extra amount that one’s spouse would have contributed to one’s estate). A spouse’s estate might also be able to recover funeral and burial costs, costs of any medical care incurred before their death, and an award for any pain and mental anguish that they experienced before death.
An attorney would advise someone in this situation how to proceed to file a wrongful death lawsuit and what may be expected for compensation based on the nature of the case and the determination of liability of those involved.
In order to file a personal injury claim, multiple elements need to be considered. These elements include:
No, it does not mean you cannot file a lawsuit. It is possible that you may have uninsured/underinsured motorist coverage through your own insurance carrier. If you do have such coverage, it pays out benefits if you have been in an accident due to the negligence of another and that individual does not have insurance or does not have enough insurance to pay compensation.
Each case is different and it is best to consult with a personal injury attorney to find out not only about your legal rights, but what insurance coverage you do have. Additionally, in many instances where an individual does not have auto liability insurance, they also may not have much property you could recover against. This, too, is something that needs to be discussed with your personal injury attorney.
It is important to have a complete and detailed investigation done by a trucking accident attorney as soon as possible. The evidence needs to be preserved and items such as the trucker’s logbook and/or onboard black box need to be recovered and analyzed. Hiring an attorney as soon as possible ensures these things are done promptly.
Having an attorney at the accident scene as soon as possible is crucial since the company’s insurance carrier will be there as soon as possible after the crash. Facts that may put the trucker or trucking company in a bad light will be protected by your attorney. As the victim, your interests need to be protected.
Typically, in every trucking accident case we have handled, both the driver and the company they works for is responsible. While the trucker was driving the rig and is likely responsible for the accident, the fact is that companies can and do push drivers past safe limits to meet deadlines. Some put drivers on the road without much training. Some companies keep drivers on the road despite them having a track record for accidents. There could be a myriad of reasons why a driver is on the road when they perhaps should not be. In cases like that, the company and the trucker are liable for negligence.
When we use the term “commercial truck”, we’re talking about trucks that are larger than the standard pickup seen on the road. Those driving them must hold a commercial driver’s license, and they are used to haul various commercial goods across the nation and across Texas. All big rigs and 18-wheelers are commercial trucks, but there are other types of commercial trucks as well. Other examples include tanker trucks, large freight trucks, cement trucks, tractor-trailers and delivery vehicles.
No, it is not just 18-wheelers involved in the vast majority of trucking accidents. In fact, trucking accidents refer to any accident in which a commercial motor vehicle is involved.
Commercial motor vehicles include, but may not be limited to:
Truck accident investigations are crucial, just as critical as an investigation involving a car accident. Things are a little different in the case of a truck accident investigation because truckers are required by law to maintain a log book and they may drive only a certain number of hours a day.
In the case of an accident, an attorney needs to establish if the log was true and accurate, or the driver kept a double set of log books, with one showing his or her actual hours and one showing the hours he or she was supposed to drive. The logbook should show the hours the trucker had logged at the time of the accident. Any violations of existing legal standards may result in additional liability for the trucker and/or trucking company.
Logbook violations and other information, such as a black box, may be difficult to access if the accident is not investigated immediately.
If you cannot call a trucking accident attorney yourself due to injuries, have someone call for you. It is imperative you hire a lawyer as soon as possible after an accident in order to preserve evidence at the scene.
Typically, your lawyer will wish to ensure that evidence is not destroyed. As such, he or she will arrive at the accident scene as soon as possible to examine scuffs, skid marks, evidence of braking and other available information. An accident reconstructionist will document the visual evidence and take pictures.
Many people do not realize that trucking companies are legally within their rights to destroy documents within days of an accident if an attorney does not send them a demand letter to not alter or destroy any evidence.
Do not deal with any insurance companies directly at any point in the process. Only deal with your attorney. He or she will take care of the insurance aspects of the accident. Trucking accidents involve complex, multi-jurisdictional issues, and your attorney will also be best prepared to handle these.
Numerous parties may be named as being responsible for the trucking accident. However, the main culpability generally rests with the person who was negligent in their duty of care at the time of the accident and if that same individual and/or others were at fault for the collision.
In the vast majority of trucking accidents, the trucker/operator is at fault for the collision. However, there may have been a mechanical issue, a fatigued driver trying to meet a time deadline and quota, an improperly secured load or poor road conditions. The reasons for the accident are always important to note, as they dictate what evidence needs to be secured to prove your case.
If there are a number of issues involved in the accident, there could be multiple parties named as defendants. For this reason, you need the assistance of an experienced truck accident lawyer to determine who should be held accountable for your accident.
Numerous parties may be named as being responsible for the trucking accident. However, the main culpability generally rests with the person who was negligent in their duty of care at the time of the accident and if that same individual and/or others were at fault for the collision.
In the vast majority of trucking accidents, the trucker/operator is at fault for the collision. However, there may have been a mechanical issue, a fatigued driver trying to meet a time deadline and quota, an improperly secured load or poor road conditions. The reasons for the accident are always important to note, as they dictate what evidence needs to be secured to prove your case.
If there are a number of issues involved in the accident, there could be multiple parties named as defendants. For this reason, you need the assistance of an experienced truck accident lawyer to determine who should be held accountable for your accident.
Depending on the circumstances of the accident, your lawsuit may seek compensation from both parties — the trucker and the trucking company. You would need to discuss the case with an attorney and provide complete details and the cause of the accident in order for the attorney to determine whether or not to sue the trucker and his or her employer.
For example, if the truck that hit your vehicle had poorly maintained brakes that failed prior to the collision, the trucking company might be held liable for the accident. However, if a truck turned in front of you illegally, the driver would most likely be considered at fault. There is an important law involved here as well, referred to as the respondeat superior doctrine, which holds trucking companies liable for the actions of their drivers.
You may be able to sue a trucking company if an employment relationship can be established between the trucker and the trucking company. If there is an employer/employee relationship, the company may be held legally liable for their driver’s negligence. It is not always easy to determine the relationship between a trucker and the company for which he or she works, particularly if the driver is an independent contractor. Your attorney would need to find out how much supervision the trucker received from the company to determine his or her status.
There are number of things one may expect to recover, but since each case is different, we are only providing a general idea of what compensation may be recovered.
One may be able to recover compensation for:
Compensation may be awarded for emotional distress, pain and suffering, lost income, property damage, medical bills and diminished earning capacity.
Yes, an accident involving a big rig is handled differently than a collision involving other car accidents. The reason for this is that trucks, by law, are mandated to carry higher amounts of insurance and truckers must meet much higher safety standards than the average car drivers.
Because trucks travel from coast-to-coast, it means they are engaging in interstate commerce, and that means they are therefore subject to a myriad of federal rules and regulations that do not apply to other vehicles.
Trucking firms have the responsibility to do background checks before hiring a driver and they must also, on a regular basis, evaluate their job performance, which may include, but not be limited to: driving skills, driving record, reliability, up-to-date licenses and so forth. Part of what should be a yearly evaluation also includes drug and alcohol testing. Truckers must also obey the limit on the number of hours they may drive daily. In reality, that does not always happen and an accident may be caused by a fatigued driver.
If an attorney can prove the trucker and/or trucking company violated the Federal Motor Carrier Safety Regulation Act, it is often the foundation for establishing fault.
No, it is not OK to give a statement. Insurance companies are not your friends. After an accident, the first thing an insurance company does is send an insurance adjuster to the crash scene in order to asses the situation and gather evidence. Next, the agency will send an insurance adjuster to gather a recorded statement from the victim.
Do not give a statement verbally or in writing because anything you say can be used to deny or discount your claim later. Insurance adjusters are known to use trick questions to get a victim to talk. Always speak to an experienced trucking accident lawyer before talking to an insurance adjuster and/or an attorney representing the trucking company.
Truck wrecks are more serious than passenger vehicle accidents due to the size and weight of big rigs. Accidents involving a semi are often catastrophic due to the fact that a fully loaded big rig can weigh anywhere up to 80,000 pounds. In contrast, a car weighs about 3,000 pounds.
A moving force the size of a big rig means a collision is more likely to end in a fatality or very serious injuries because the heavier the vehicle the longer it takes to stop.
The first thing you need to do is get medical assistance, immediately. Make sure to write down everything you are able to recall about the accident, including what was going on prior to it and just after it. It is also helpful if you have pictures taken with your cellphone or camera.
Make a note of the time of day of the collision, the location and exact place you were and what you were doing. What direction were you headed in? How fast were you traveling? What were the road conditions like? What were you doing at the time of the accident? Where you changing lanes, waiting for a light, stopped at a construction site, etc.? What was the trucker doing just prior to the accident?
In all likelihood, you can file a lawsuit for damages and injuries if you were involved in an accident with a refrigerated truck. Who is sued and how the process evolves is usually related to the circumstances of the case and who is deemed to be at-fault for the crash – one driver or both drivers. It is also important to know that being involved in a car accident is “not” the same thing as being involved in a truck accident.
It’s not just big rigs that are involved in accidents, although many think of big rigs when they hear there has been a crash between a truck and another vehicle. In reality, there are a large number of vehicles on the road today that fit the description of being called a truck. Generally speaking, truck accidents can, and do, involve a crash with a large commercial truck, such as:
According to the most recent statistics complied by the National Highway Transportation Safety Administration (NHTSA), large truck crashes killed 4,761 people in 2017. Only 18 percent of the total figure represented occupants in the truck, 72 percent of the fatalities were in other vehicles and 10 percent were not occupants in either vehicle and were pedestrians or motorcyclist or cyclists.
Unfortunately, Texas is noted for ranking Number One in the United States for having the most trucks involved in fatal wrecks. Although there are a high number of deaths attributable to truck collisions, there are also a high number of trucks that end up in accidents that only results in property damage – in fact, in 2017, there were 363,000 crashes that resulted in property damage.
It’s important to note that truck drivers are held to a higher standard when it comes to driving. There are not just federal laws in place to regulate the trucking industry. There are also state laws that must be met. Those laws, also called the Federal Motor Carrier Safety Regulations, cover a wide range of topics, including, but not limited to:
Texas state laws, which apply to commercial drivers, are similar in nature to the federal laws. If you want further information about Texas state laws, you can find it in Title 7 of the Texas Transportation Code.
Yes, it is likely that you will be able to claim personal injury damages. Under Texas law, you may be able to obtain damages that include:
The possible damages a plaintiff can recover after an accident with an 18-wheelers are typically substantial. The main reason for this relates to the nature of the personal injuries involved. Many survivors have devastating injuries and need long-term medical care and rehabilitation. Often, victims are left incapacitated for life and require around-the-clock care.
If you or a loved one were in an accident involving a truck, contact an experienced truck accident attorney at Schuelke Law.
Parties that may be liable in a trucking accident may include, but not be limited to:
In Texas, you have approximately two years to file a lawsuit before the statute of limitations runs out. However, there are exceptions to this rule that depend on the nature of and the circumstances of the case. In some cases, you may have to act in as little as 45 days following a wreck. To discuss the deadline for filing under the applicable code it is a good idea to connect with a competent personal injury attorney with experience in handling trucking accident cases.
In most instances, trucking accident cases tend to involve more than one party and may include the trucker, the trucking company, a third-party truck owner, the owner of the freight onboard the truck at the time of the accident, the mechanic working on the truck and a whole multitude of insurance companies and other attorneys. Jurisdiction in trucking accident cases may also be an issue.
The victims of serious truck accidents may be entitled to recover financial compensation for any medical expenses, including rehabilitation, pain management, therapy and other necessary expenses for the rest of their lives, if needed. They may also be able to receive compensation for past and future loss of income, past and future pain and mental anguish, and past and future physical impairment. It is important to talk to an attorney as soon as you can to start working on your case.
In order to win your claim, you need to prove the truck driver was negligent and that the driver’s negligence was the direct (or proximate) cause of your injuries. In trucking injury accidents, proving negligence usually involves proving the driver violated state and/or federal regulations. Courts have indicated that violations of existing rules are unequivocal proof of negligence.
The most pressing reason that you would need to hire a trucking accident attorney is that the trucking companies typically have lawyers at the scene of the accident before any of the vehicles are taken away. That means evidence can go missing, witnesses are having their statements taken, the lawyers are meeting with the police and are already starting to develop a defense position for the driver’s actions.
If you do not have an attorney of record and wait too long to hire one, evidence might be lost. While your attorney is still able to access some of the information after the accident, they may not have the chance to see the actual scene, or pictures and find themselves possibly dealing with weeks old eyewitness information. None of those situations is advantageous to you.
The other factors that are present in the aftermath of a trucking accident are typically multiple plaintiffs, such as the truck owner, truck operator, the trailer owner, the person who leases the trailer and more. There are also state and federal rules and regulations to be sorted through to determine which apply in the circumstances. For instance, the truck may be owned by someone in Florida, but the accident happened in Washington and the trailer owner may live in Montana.
Trucking accidents are complex and without a good attorney the plaintiff may be facing a long road to receiving compensation on their own. Insurance companies usually try to dismiss or diminish claims. A trucking accident attorney can handle the insurance companies for you. Insurance companies do not like going to court and tend to settle higher rather than lose a case.
There are several types of negligence. Comparative negligence is a rule of law used in accident cases to determine who is responsible for the accident, and to figure out damages based on the negligence of the defendant and plaintiff.
Several years ago, Texas was a contributory negligence state. Contributory negligence meant that an injured person who was found to have any negligence of their own that contributed to the incident was barred from making a claim, that is, they could not win in court against a negligent defendant. Interestingly, it was found over time to produce unfair results, leading several states to adopt a comparative negligence test which determines percentages of negligence by a plaintiff and defendant and applies the percentage to damage recovery.
In Texas, the jury is generally asked three questions for the most basic claims. First, they are asked which parties’ negligence contributed to the incident. Second, if more than one party’s negligence is found to have contributed to the incident, then the jury is asked to apportion the responsibility between parties. For this, the jury must give a percentage of responsibility for each party, with the total adding up to 100%. Third, the jury is then asked to decide what amount of money is needed to compensate the plaintiff for his or her harms and losses.
The court then uses the answers to enter a final judgment. Let’s assume a simple case where the jury finds both the plaintiff and the defendant were negligent, that the defendant was 75% responsible and the plaintiff was 25% responsible, and that the amount necessary to compensate the plaintiff for his losses was $10,000.00.
Here, the defendant is only responsible for his portion of the losses so the defendant would be liable for 75% of $10,000.00, which is $7,500.00. It is important to note that if the plaintiff is more than 51% responsible for the losses, then the plaintiff is barred from making any recovery at all.
There are other types of negligence as well.
Negligence itself is defined as a failure to exercise the care toward others that a reasonable person would do, or taking action that a reasonable person would not. Negligence is inadvertent and can result in a variety of accidents resulting in property damage and/or injuries.
To prove negligence, a plaintiff must prove: that the party had a duty to the injured party, the defendant’s action or inaction was negligent, and that damages were caused by the negligence. Also considered is whether the damages were reasonably foreseeable.
If an injury is caused by an accident, but no one knows how the accident happened, negligence may be found according to the doctrine of “res ipsa loquitor” (the thing speaks for itself). Each state has a different method of handling negligence. Negligence is one of the biggest causes of litigation in the nation.
Negligence per se refers to when the defendant is negligent for violating a specific law. For example, a driver may be found to be negligent per se for violating rules about texting and driving, or a dog owner in a dog bite claim may be negligent per se for violating laws that require dog owners to keep their dogs restrained.
Gross negligence means a reckless indifference or disregard for the lives and safety of others and is so bad it is close to being committed with malice aforethought. If gross negligence is found to be present in a personal injury case, it can often result in the award of punitive damages in addition to special and general damages.
While the option to deal with the trucking company’s insurance lawyer is open to you, here is why you do need the help of a competent trucking accident attorney. In the first place insurance companies tell accident victims they take responsibility for the accident. However, despite saying that, their actual goal is to offer as little as they can on every claim. If you have significant injuries and require long-term care, accepting a payment from the trucking company will leave you short of funds to manage your care.
The main goal of an insurance company is to dismiss, diminish or deny your claim for any reason. If an accident victim accepts a lowball payment, they cannot go back and ask for more. Insurance companies do not suggest you hire your own attorney because accident victims with legal representation are able to recover far more compensation than those without an attorney. Insurance companies suggest you handle it on your own to save them money.
As an injured passenger, one may be able to get compensation from one’s spouse’s insurance company and possibly the trucking firm’s insurance company, depending on how liability for the accident is apportioned.
It is difficult to sue a family member or relative. However, it may be the only way for an injured person to get money from their spouse’s insurance. Additionally, one’s child may also have to sue his or her parent to obtain compensation.
These are difficult cases and it is best to consult with an experienced truck accident attorney who is able to advise one of one’s rights and how to proceed to file a lawsuit.
Numbers released by the Insurance Institute for Highway Safety (IIHS) reveal 12 percent of truckers test positive for over-the-counter stimulants. Drivers take these substances to keep themselves awake to drive as many hours as possible. Truckers have also tested positive for alcohol and illegal drugs.
Truckers may be disqualified from driving with a commercial driver’s license if their blood alcohol content (BAC) is found to be above 0.04 percent — half the legal limit applicable to others. In the aftermath of a collision, truck drivers may be required to submit to drug and/or alcohol testing.
Truck “no zones,” also known as a “blind spots” are areas around the truck where the surrounding cars are not visible to the truck drivers. In other words, the truck driver cannot see the drivers around him.
These “no zones” are located directly behind the tractor-trailer, directly in front of the rig and diagonally behind from the left and right sides of the cab. Knowing where these blind spots are is important because, if the driver cannot see you an accident can occur. For example, if the truck stops abruptly, you could rear-end it. Or, if you are in front of the rig and cannot be seen, you are too close to the truck. Trucks cannot easily stop.
Yes, you do need an attorney when you have been involved in a serious trucking accident, more so if you wish to file a lawsuit claiming compensation for your injuries and financial damages. If you do not have an experienced attorney to speak for you, there is little chance of your lawsuit being successful.
There are many rules, regulations and jurisdictional issues in trucking accident cases. A layperson does not have the comprehensive knowledge needed to litigate a complex trucking accident case or deal with the rules of court and evidentiary issues.
If you don’t have the funds upfront to hire an attorney, it may help to know that most personal injury lawyers/trucking accident attorneys work on a contingency basis. You do not pay fees unless you win money in a settlement or by jury award. You may also be able to source litigation funding with the help of your attorney. Pre-settlement funding helps you pay expenses while you wait for your case to be resolved.
Yes, you are still able to recover damages even if you are partially responsible for the accident. In general, you are entitled to a percentage of damages recovered. The percentage of damages recovered is determined by the circumstances of the accident.
An example would be if you were deemed to be 30 percent responsible for the collision, and there was a $1 million in damages, you might be able to recover $700,000. However, if you are deemed to be more than 50 percent responsible (51 percent and above) you may not be able to recover compensation.
This is one of the many reasons working with an experienced truck accident attorney gets you better results when you seek compensation for your injuries. Attorneys work hard to find all the relevant information in each truck accident, from seeking the onboard black box to finding and checking the log books to make sure there are not two versions of them (one for the trucker’s and one for officials) and from gathering mechanical evidence about the truck and its maintenance schedule before the accident scene is compromised.
When armed with all the information after an investigation, your attorney may be able to make a very good case for awarding a damage amount that you truly deserve.
There is no set amount that you may be awarded in a trucking accident lawsuit. The circumstances of the case and the extent of your injuries usually dictate a possible range of what you may be awarded or be offered in a settlement. Having said that, it is difficult to determine a figure as it is dependent on the amount of damage, the degree of negligence on the part of the at-fault party, the injuries sustained, whether or not there is an existing prior record for negligence and other factors.
Additionally, part of any award or settlement typically involves lost wages, pain and suffering, medical bills, rehabilitation expenses, and possibly punitive damages. A personal injury attorney is able to give you an approximate idea of what you may be awarded, but it is not set in stone and may be higher or lower than requested of the court.
You need to contact an experienced attorney as soon as possible. Federal rules and regulations dictate that trucking companies only keeps certain critically essential evidence for a defined period of time. In particular, one crucial piece of evidence is a trucker’s logbook. This evidence may be destroyed after six months if your attorney does not issue a court order for its retrieval.
There are a number of ways that trucking companies and their drivers can be held responsible or liable for an accident.
Trucking accidents are not straight forward. In a trucking accident the vehicle’s owner may not be employed by the trucking company or may not even be working for the person hauling the load. Additionally, the trailer owner may be a completely separate company.
With each of these different scenarios, there are rules, regulations and responsibilities according to the Department of Transportation and they govern the operation of tractor trailers on the road. There are federal and state rules and regulations and the complete picture of a trucking accident can be very complicated.
When dealing with trucking accidents, there are also a number of theories that can be applied to a case, depending on the circumstances. For example,the negligent hiring theory which refers to a trucking company’s hiring practices. It is often the case where background checks or any medical checks are not done adequately.
There is also negligent entrustment and negligent retention. Negligent entrustment simply means that if the trucking company knows a driver has a history of issues, accident, problems and citations, and they allow the individual to drive for them, they are responsible for any accidents. Negligent retention is similar and means keeping a driver after they have had dischargeable or fireable offenses and still letting them operate a company tractor trailer.
The key to proving fault in a truck accident is to know who is at fault for the accident, whether that may be solely another driver, or perhaps both you and the other driver were at fault. This information is typically assessed at the scene by the police and incorporated into an accident report.
However, there is another element that is vitally important to proving liability in a truck accident case, and that is “negligence.” There are a number of parties that may be at-fault and considered to be negligent may include the trucker, but that is not always the case. Negligence for a truck driver could involve distracted driving, cutting off another vehicle, falling asleep at the wheel or texting while driving.
Depending on the details of the accident, the trucking company may also be at fault if they are found to be in violation of state or federal laws, such as negligent hiring of personnel to drive a truck that has a bad driving record. The cargo company may also be found negligent if the truck’s cargo is not properly loaded or the truck is overloaded in violation of the rules and regulations.
In other circumstances the manufacturer of the truck may be held liable for negligence as a result of having made a defective vehicle, such as a poorly or improperly designed hitch that detaches without warning. This would be a defective product lawsuit as well.
And, the trucking company could be held liable for negligence under the legal theory of “respondeat superior” which means the trucking company could be held responsible for a crash caused by the trucker provided the driver is an employee and was acting within the scope of their duties at the time of the accident.
If both of you are responsible to a certain degree, then you come under the modified comparative fault doctrine, also referred to as “proportionate responsibility” that is followed in Texas. Proportionate responsibility means there is a formula of sorts used for comparing the fault of each driver involved in an accident. The compensation that may be received can be reduced by the percentage of “your” negligence that contributed to the crash.
Additionally, Texas also follows the 51 percent bar rule which means that if a driver is 51 percent or more at fault for the accident, he or she cannot recover “any” compensation. At 50 percent responsibility, you would be able to receive some compensation, but at 51 percent, there is no compensation.
Accidents involving 18-wheeler trucks typically result in more serious injuries and damages than an accident involving passenger cars. Additionally, truck accident lawsuits usually involve numerous parties, insurance policies, companies, the trucker’s insurance agent, the trucking company’s insurance agent, the trucking company lawyers, the company that owns the trailer, their insurance provider etc. Additionally, many truck accidents involve vehicles from other states with different laws put in place by the Federal Motor Carrier Safety Administration (FMCSA).
People will assume that in an accident the other driver is the one responsible for the crash. Many will also assume the driver is the owner of the truck. That may be the case in some accidents, however, not always.
When it comes to trucks, there are a number of different people or entities who might be responsible for the wreck. In some instances, the driver is the owner of the vehicle. In that case, both the driver and the company may be liable. In other cases, a large company may have a fleet of trucks and the driver could be an employee of that company. In other cases, a trucking company hires the driver and then carries its load for other companies. Often, the driver is an independent contractor who is using the truck to haul goods. In most trucking cases, there will be multiple defendants who are identified as having some responsibility for the wreck.
An important thing to know about truck accidents is that truck drivers are held to a much higher standard because of the requirements and duties commercial drivers have placed upon them.
An attorney may investigate negligent hiring when preparing for a large trucking accident case that resulted in life altering injuries. Negligent hiring occurs when a company hires a driver and does not properly investigate the driver’s driving record and does not get the required drug screen tests and/or background checks completed. These requirements are mandatory, but they do not always get performed.
A trucking accident attorney may also investigate negligent in retention or negligent entrustment. Negligent in retention means keeping a trucker on the road and allowing the trucker to drive a company vehicle after they have demonstrated through violations or other conduct that they should not be trusted to drive. Negligent entrustment is when a company knows a driver has a history of problems and yet they still let them drive. In doing so, the company is responsible for the accident(s). A company can also be responsible for a wreck by engaging in conduct that encourages unsafe driving. Many trucking companies have been busted for encouraging drivers to break the rules on the amount of rest a trucker is required by law to have. Other companies have been busted for making schedules that are impossible to keep without the driver proceeding at unsafe speeds.
A trucker can be negligent in several ways because their actions include a wider range of possible misconduct than in a typical automobile accident. Commercial truck drivers are held to a higher driving standard and expected to adhere to federal and state commercial driving rules and regulations.
Some of the more common accidents that can be caused by a negligent truck driver include failing to clear the roadway promptly, not having a wide enough radius while turning, improperly securing cargo, shifting cargo due to improper loading, and/or falling cargo due to it not being properly loaded. Any of these scenarios can result in a serious and possibly fatal accident.
Although there is insurance coverage for situations like this, it is difficult to sort out who has insurance on what and what company covers what type of incident. Often the tangled web of insurance coverage and who holds it and for what amount is not sorted out until it goes to trial. This is due to the fact the insurance company is not obligated to tell people how much coverage is available.
In most instances, the minimum liability limits required by all trucking companies for trucks over 10,001 pounds start at $750,000 per accident. However, that may increase according to what the driver was hauling.
The insurance maze does not stop there either. There is another form of insurance coverage for big rigs referred to as the MSC90 endorsement. This extends policyholder coverage to commercial vehicles not specifically listed on the insurance policy. Your trucking accident attorney can track all this information down to help build a case seeking compensation for your injuries.
Yes. They must comply with rules and regulations set in place by the Federal Motor Carrier Safety Administration (FMCSA). Those regulations and rules are intended to keep the nation’s highways safer.
Yes. Insurance is mandatory for a trucking company that operates a commercial truck in Texas. The TxDOT is in charge of regulating what type of insurance is required. So things can get rather complex in a trucking accident when it comes to insurance money being on the table. This is another reason why it is a good idea to discuss your situation with an experienced trucking accident attorney. Without an attorney involved and until a claim is filed, the other insurance company is not obligated to reveal how much coverage they have.
The usual minimum coverage is $500,000 of insurance per injury/occurrence (per collision). Often trucking companies carry more than this amount, but some carry the absolute minimum acceptable. That said, in Texas, there is the MCS 90 as well. MCS 90 it is a financial guarantee protecting the public from financial consequences of a trucking company’s failure to carry the required insurance. Your attorney can explain how this works.
Trucking accidents are typically the most complicated personal injury cases due to the parties involved. In most instances, there is a string of named defendants that may range from the trucker to the person who loaded the truck and from the trucking company to the person who owns the truck.
Due to the diversity of those being sued, the massive amounts of information needed to prove liability, and the rules and regulations relating to the trucking industry, having legal counsel is critical to make sure the right defendants are sued and sufficient negligence is ascertained.
While the at fault party may say they will take care of your damages, their main job is to pay you as little as possible. They do not want to make large payouts on accident claims and will do everything possible to make sure you do not get what the accident may possibly be worth. In other words, if you have serious injuries, which are likely if you were involved in an accident with an 18-wheeler, do not expect the trucking company to pay the amount of compensation your case is likely worth.
You need to hire an experience trucking accident attorney for a number of reasons. Do you know what your trucking case is worth? Do you know what experts need to be hired to investigate your claim? Do you know what type of evidence needs to be collected to pursue your claim? Do you know what parties face liability? An experienced truck accident attorney knows the answers to these questions and will be able to help you obtain the compensation you deserve.
Yes. Trucking accident cases are extremely fast-paced and complex, and they rarely involve just the truck driver and the victim. The trucker, in most cases, has already reported his accident to his employer by the time you get to call an attorney. By then, the trucking employers already have their accident investigators on scene. Act as fast as you can to hire experienced legal counsel to be your voice to obtain compensation.
The wisest course of action is to immediately, or as soon as possible, contact a trucking accident attorney and get your case started. Most lawyers offer a free consultation, so there is nothing to lose by contacting them right away.
If you wait too long you run the risk of losing not just valuable evidence from the accident, but the right to sue. The statute of limitations in Texas for a personal injury claim is two years.
Not necessarily. In a large number of personal injury lawsuits, cases are settled before a lawsuit is even filed. Other cases, with lawsuits filed, are often settled out-of-court before going in front of a judge. In fact, in less than 20 percent of all personal injury cases is filing a suit necessary. Often defendant insurance companies are anxious to settle rather than take a chance on going to court and having a judge or jury hand down a much greater award than they want to pay.
Yes. There have been restrictions on hours behind the wheel since 1939. Over the last few decades, though, there have been changes made to the law. The changes are intended to make sure drivers have mandatory breaks to ensure they are driving while rested and alert.
Yes. They must have insurance as mandated by law. Federal law requires large trucks to carry at least $750,000 of insurance for property damage and bodily injury. Many states also require minimum insurance requirements on trucks not covered by federal law. For example, trucking companies in Texas must carry at least $500,000 of liability insurance.
It would be best for your case to contact a trucking accident attorney as soon as is possible after your accident in order to preserve the evidence. In a large number of cases it is crucial to preserve and secure important evidence about the circumstances of the accident.
Your attorney, will need to determine if there were any violations of existing trucking regulations and rules. For example, if the trucker kept two sets of books documenting the number of hours on the road; one log book for actual hours and a second log boo, rpms, the number of hours driven in a day, and whether or not the trucker applied the brakes at the time of the accident. k showing industry regulated hours. Furthermore, other types evidence will also need to be obtained quickly. For example, the onboard “black box,” or a computer chip in most commercial vehicles today, needs to be recovered as it documents speed
You will need an attorney immediately following an accident, because they need to obtain evidence quickly. If you do not hire an attorney promptly your interests will not be protected, and the trucking company may try to put the truck back into service as quickly as possible, overriding the evidence needed for your case.
If you can do so, you could do that. However, all you should be doing is getting the driver’s name, phone number, address, insurance information, and who he or she works for. You can take photos of the driver’s license and insurance documents to help get this information. Do not, under any circumstances, comment on the nature of the crash or that you feel you may have been partly to blame.
Keep your thoughts and observations to yourself and only discuss them with your truck accident attorney. If you say anything to the trucker or others at the scene of the accident, it can be used against you later. Repeat, do not, under any circumstances talk to anyone about the crash. Speak only to the lawyer you retain to represent you.
Do not be surprised if the truck driver’s insurance company calls you after the crash. You do not have to speak to them, and it would be best if you do not speak to them. Refer them to your lawyer. Insurance companies are looking for information to use against you to deny your accident claim. If they cannot deny it, they attempt to reduce it. Your attorney can handle those calls, and if necessary, take the insurance company to court.
Another thing to be aware of is that insurance companies usually make a quick settlement offer and frame it as a matter of urgency that you take it. While it may seem tempting to take the offer and be done with the insurance hassles, do not do this until you speak to your lawyer.
Even though the offer sounds good, it may not be nearly enough to cover your long-term bills should your injuries be severe. If you accept a settlement immediately, you may jeopardize your care and well-being. Let your attorney do the negotiating and you can be assured your care is handled for the duration.
Always talk to your lawyer if you get an early offer that sounds good. It may be acceptable, it may not be. While it may deal with short-term medical expenses, if you need surgeries or other rehabilitative care, it would likely fall short of covering everything you would need to recover. We can offer you legal advice so you can make an informed decision.
It is likely that one of the named defendants in your lawsuit will be the driver of the truck, which was involved in the accident. However, in cases involving big rigs, more defendants can be cited in the lawsuit, such as: the trucking company owner or owners, the owner of the truck itself (if it is not owned by the driver), the owner of the load on the truck, the truck manufacturer or a truck component manufacturer and possibly the mechanic in charge of maintaining the truck.
When filing a lawsuit there are other factors to consider for example, what state did the accident occur in and what state is the trucking company based in. It is important to consider such factors, as different rules and regulations may be in play in different states. Because truck accident cases are exceedingly complex, it is best to have an experienced attorney by your side as your case moves through the legal system.
Those involved in an accident with a big rig could settle with the trucking company and its insurance carrier, but this is usually not in their best interests. Trucking company insurance carriers and adjusters only want to minimize any claims they receive and work to dismiss, deny or diminish them. Those representatives work for the trucking company, not the victim of the accident, and do not have their best interests in mind. Victims get more compensation for their injuries by taking the case to court for a just and equitable award.
Never give the trucking company or its insurance carrier a statement of any kind and never sign any releases for employment or medical records. If the victim signs a medical release the adjustor gets to talk to their doctor without anyone else being present.
Be aware that once an accident has been reported to the trucking company, they send out their accident investigators to inspect the crash site. They immediately begin to build a defense, and it is not uncommon for crucial evidence to go missing at crash sites or be destroyed. If someone has been in an accident involving a large commercial truck, reach out to talk to a skilled trucking accident attorney as soon as possible. Evidence preservation is critical.
Possibly. However, every truck accident is different. Some may be worth a few thousand dollars. Some may be worth a few million dollars. Keep in mind though that the truck accidents that return a high dollar value are those where the plaintiff is very seriously hurt and facing a mountain of medical bills for the duration of their life.
Although the truck accident expenses should be covered by the trucker’s insurance, they may cover a wide range of things. This is because expenses are not just confined to those right after the crash. Future costs need to be factored in. In general, your attorney discusses the accident and injuries with you and then gives you an estimate of what the accident could be worth.
Some of your future expenses could include:
Although you may file a claim against the trucker, there are usually other parties to this kind of lawsuit, including the trucker’s employer, their insurance company, the truck’s owner or lessee, the trailer’s owner or lessee, the owner of the load on the truck, the people who maintained the vehicle and any other drivers that may be involved.
There is a statute of limitations in Texas relating to filing a lawsuit after a truck accident. Generally, you have two years from the date of the crash to file, but that time could be even shorter in some circumstances. It is best not to wait to get your case rolling as it takes a lot of time to collect evidence, assess facts and injuries and put together a case. The sooner an investigation is launched, the better it is for your case. This is important because evidence can disappear or become degraded over time. Of particular importance is obtaining the onboard black box that keeps data on what speed the truck was traveling before the crash. It also shows when the trucker last took a break.
A truck accident attorney helps you find your way through the legal maze of a truck accident claim, makes sure all your documents are accurate, files material on time, negotiates with insurance companies, and hires accident-reconstruction experts if need be. If negotiations are not successful with the insurance company, you have the option of taking the case to court.
That is what many people think —that insurance companies are there to help them. That is not the case. The insurance adjuster’s job on behalf of the trucking company is to pay as little as possible on a claim. Often, the adjusters try to get a statement from you right away and then attempt to resolve the potential claim at a greatly reduced rate.
However, injuries sustained in a collision with a big rig are serious, usually long lasting, require extensive medical care and possibly numerous surgeries. No one knows the future expenses of your recovery. If the insurance company can get you to settle quickly and cheaply, they cut off their exposure to future medical bills.
Never sign anything, give an interview to an insurance agent or volunteer any information until you speak to a trucking accident attorney.
Truck accidents are common in Texas, and across the nation. In fact, Texas consistently leads the nation in the No.1 spot for the greatest number of large trucks involved in fatal wrecks. In 2017 there were 621 deaths. Texas also leads in the number of deaths of truck and other vehicle occupants.
No. Tractor-trailer accidents are not always head-on collisions. The types of accidents that big rigs may be involved in include rear-end collisions, broadside or T-bone wrecks, head-on collisions, lane change accidents, rollover wrecks, jackknife accidents, loss of control of the rig, hit and run accidents and center-lane crossovers.
Yes. The most common causes of trucking accidents include, but are not limited to: fatigue, bald tires, improperly strapped-down loads that shift, defective brakes, a lack of blind-spot mirrors, driving while drunk or under the influence of drugs, aggressive driving, distracted driving, reckless driving and speeding.
Yes, heavy trucks are required to be inspected regularly. The rules they must follow are laid out by the Federal Motor Carrier Safety Administration (FMCSA) and are intended to reduce the number and severity of accidents involving big rigs. Texas truckers must follow all rules and regulations such as limiting driving hours, not using mobile devices, keeping up-to-date logs of hours, and attending to regular and thorough maintenance etc.
Yes. According to statistics released by the Insurance Institute for Highway Safety (IIHS), big rigs are involved in more fatal accidents than passenger vehicles. There are a number of reasons for these wrecks, including driving while distracted, speeding, larger trucks not handling well in poor weather conditions, and trucks that are poorly maintained.
No, do not agree to take any settlement from an insurance company. Speak to a knowledgeable personal injury attorney before you make any decisions or take any money from an insurance company. Insurance companies are not your friends and neither are insurance adjusters. The main goal of an insurance company adjustor is to diminish, dismiss, suggest the crash had no adverse affect on you, or deny a claim and/or pressure you into accepting the lowest amount possible, even if your injuries are catastrophic.
The insurance company is about one thing and one thing only, keeping as much money as possible for the insurance company. In a trucking accident, insurance adjustors are working for the trucking company and want to pay out as little as possible. Your injuries are not their concern. The bottom line is retaining as much cash as possible for the company no matter what the circumstances.
If you are contacted by an insurance adjuster, just tell them to contact your personal injury attorney. Do not speak to them beyond that. Do not give them statements. Do not agree to an interview with them.
Do not agree to talk to them on the phone and have the session recorded. Always tell them to contact your lawyer.
No. You do not need to speak to the trucking company’s lawyers or insurance company. In fact, say nothing at all to them other than directing them to speak to your attorney. Anything you say can and will be used against you later in order to dismiss, diminish or deny your accident and injury claim.
Do not sign any documents, allow any phone conversations to be taped or admit to anything if a trucking company representative, a lawyer or an insurance agent approaches you. They are not your friends and seek to trip you up in your description of the accident, find out if you have a pre-existing injury to disqualify you from compensation and make your claim appear to be frivolous and insignificant.
Refer all overtures from an insurance company to your lawyer. Your attorney has the experience to deal with insurance companies that would rather you settled for less than you are entitled to in order to make you go away and shrug off full responsibility for the accident.
The short answer is “Yes.” No matter what you think other drivers or pedestrians may be doing to help you, make that call yourself if you can do so. It ensures you have an official police record of what happened, puts your name on file, and means you have started to create a paper trail for any damage claim you may pursue. While people might admit fault at the scene, you can imagine that their stories later change frequently if the stories aren’t documented in a crash report.
Another factor in having the police present at the crash scene is the investigating officer determines who was at fault. This is important because of the nature of truck accidents. They may ultimately involve local, state, or federal authorities. Truck accidents are typically multijurisdictional, can be complex and confusing, and also involve numerous insurance companies and attorneys.
It’s important to know that commercial truck accidents are not the same as car accidents. In a truck crash, a whole different set of agencies investigates the incident – including the National Transportation Safety Board (NTSB) and usually the Texas Highway Patrol (THP). Another factor that complicates truck accident investigations is that there are many different federal and state laws that apply to commercial truck crashes. Truck accidents can be a nightmare for those involved, and this is one of the main reasons, aside from the serious injuries sustained, to discuss your case with an experienced truck accident lawyer.
One other thing to remember in the aftermath of a truck accident is to seek medical care, even if you feel ok or do not think you have been hurt that badly. Your health is your top priority, so get thoroughly examined as soon as possible. Do not refuse care at the scene. Co-operate with paramedics taking you to the nearest medical facility for treatment.
There is the possibility that you sustained life-threatening injuries, but, due to an adrenaline rush, you may not realize it. Do everything possible to take care of yourself. This too creates a paper trail and proves your claims later when you seek compensation for your injuries. It also makes your case easier to prove to a skeptical insurance company that would rather reduce or deny your claim than pay out what it is genuinely worth.
If your accident was caused by a tire blowout, you may be able to sue the driver and the trucking company. These types of accidents are extremely serious and caused by conditions that, if the trucker does a proper and regular maintenance inspection every trip, can be detected before heading out on the road. Some blowouts, for example, are the result of worn tires, slow leaks or objects embedded in the tire.
Regular inspection should catch any tire issues. If the driver did not do what should be a regular inspection and the company did not insist on the employee’s conducting a safety check prior to each trip, you may hold the trucking company indirectly liable for the accident. The determination of who may be held liable in a trucking accident case depends a great deal on the circumstances of the collision.
There is no single test used when physicians attempt to diagnose TBI and TBI does not always show up on a CT scan or an MRI. That is why there are a number of other tests done to help diagnose TBI.
Below is a list containing a number of tests that can be used in a diagnosis of TBI:
Traumatic brain injuries do tend to be relatively common in vehicle accidents, but they may also be sustained while playing sports, the result of a slip and fall, fighting or other situations where an individual hits their head. Almost 80,000 people struggle with the onset of long-term disability annually as the result of a severe brain injury.
Each year close to $30 billion is spent treating, caring for and rehabilitating traumatic brain injury victims.
In most traumatic brain injury (TBI) cases, treatment is long-term and likely permanent, although it varies with the severity of the injury. Most TBI patients attempting to recover and regain a mostly normal life are offered various assistive technologies that allow more mobility and improve comprehension skills.
A recovering TBI patient may be offered therapy, medications, counseling, speech therapy and physiotherapy. In order for the patient to fund these therapies, fair and equitable compensation from the courts is essential. The ultimate goal for rehabilitation from a TBI is the best recovery possible and independent living.
The answer to that question depends on the relative severity of the injury, what parts of the brain were affected by the trauma and the patient’s willingness to work at recovery. There is a spontaneous recovery period, which may take months or years, just after the injury. During this period, the brain tries to repair damaged neurons. Rehabilitation does help the brain to retrain other neurons and create new working pathways. Often, physical skills and other functional skills must also be relearned.
Plaintiffs suffering from traumatic brain injury need the assistance of an experienced personal injury lawyer to enable them to recover fair and equitable compensation for their injuries. Often, traumatic brain injury is a life-altering event.
Recovering from a concussion depends in large part on the severity of the injury, and for each person, the recovery period is different. Furthermore, there are different levels of severity of concussions. For example, mild traumatic brain injuries are often difficult to diagnose because it is common for CT scans/MRIs to come back normal. However, this in no way means you did not sustain a head injury. Moreover, regardless of the severity of a concussion, some symptoms may not always be immediately present. Many symptoms may show up days after the injury occurred.
The treatment of your concussion will be affected by the severity of the injury. Therefore, the more severe your head injury, the longer the recovery process will take. The severity of your injury will determine the financial compensation available to you in court. So, if the prognosis for your recovery is optimistic, it may lower the financial compensation awarded. Guessing how a concussion affects someone and how they are going to recover is difficult. Even an experienced attorney can only estimate possible compensation based on the facts of the case and the medical diagnosis.
While it is true that traumatic brain injuries (TBI) are called a silent epidemic, if your injury was caused by the negligence of another and it turned your life upside down, you have a strong chance of winning compensation.
TBIs are considered to be silent injuries, much like whiplash, because victims look normal even though they have sustained a serious, life-changing injury. Roughly 100,000 Americans die annually from TBI and a further 500,000 end up permanently disabled. Every 15 seconds someone suffers a brain injury and approximately 5.3 million (more than 2 percent of the nation’s population) are living with disability as a result of a TBI.
You can sustain a traumatic brain injury in a car wreck even when your head does not hit anything in the car. During the impact of a crash, your body is jolted back and forth inside the vehicle, and your brain can slam against your skull, resulting in brain damage.
Brain injuries are often serious but can vary from person to person. Some victims of brain injuries suffer mild injuries and recover quickly, while other victims have more severe injuries and may never recover.
There are two main categories of head injuries that can result in a TBI. These can include, but not be limited to, closed and open head injuries. When dealing with closed injuries, there is usually no visible injury. There is no readily apparent injury until symptoms manifest. Because the injury may not be evident until symptoms appear, many closed head injuries are either never diagnosed or are diagnosed sometime after the triggering event.
Closed head injuries are further divided into sub-categories, such as:
Open head injuries, also referred to as penetrating head injuries, happen when an object penetrates the skull and the underlying brain tissue. If the skull was fractured in a car accident, the brain might be pierced by a piece of bone, debris or glass. Open head injuries require immediate care to stop the bleeding and attempt to reduce swelling of the brain.
Before you file a traumatic brain injury, you first need to confirm your injury was caused by a trauma to the head. If you have sustained a serious jolt or blow to the head and you are experiencing some unusual symptoms, you should consult with a doctor about the possibility of having a traumatic brain injury. If it is confirmed by a physician that you do have traumatic brain injury and it was likely as a result of your accident, you should be able to file a lawsuit.
Some symptoms that may signal a traumatic brain injury may include, but not be limited to the following:
In car accidents, there is the possibility of two kinds of impacts that may result in a traumatic brain injury (TBI). Striking your head on the steering wheel or doorframe of the vehicle can result in a whiplash related traumatic brain injury where the brain swings back and forth inside the skull. There is the possibility of having both a whiplash traumatic brain injury and the physical trauma of hitting an object.
Texas operates under a modified comparative fault rule when it comes to determining fault in an accident. In other words, a driver cannot recover damages from another party if that individual is 51 percent or more at fault for an accident. Your attorney would need to discuss the accident with you, examine the accident reports, photos of the scene, and conduct an investigation to determine whether you were partially at fault for the accident or not.
In the meantime, do not discuss your accident with the other party’s insurance company or attorney. The insurance company can put you in a bad light and perhaps cast aspersions against you for an injury by saying it is pre-existing. Do not speak to anyone other than your attorney.
There are close to five million Americans that are currently living with disabilities incurred as a result of a traumatic brain injury (TBI). A TBI can have many short- or long-term effects on daily life of affected individuals like:
In part, concussions are a bit like whiplash and are often referred to as “silent injuries” or “invisible injuries” because they are not outright visible. Even if your concussion is a silent one, the medical evidence should be enough to convince anyone of your injury. The medical exams and doctor diagnosis will back up your claim. In addition, you will likely have other witnesses who can testify about the problems caused by your concussion.
It is important to remember that recovery from a traumatic brain injury, no matter what category it may be in, takes time. Instead of toughing it out, it is best to follow your doctor’s orders. Over taxing your brain can greatly slowdown your recovery. The best course is to follow what your doctor and listen to your body.
Typically, an accident victim who has sustained traumatic brain injury (TBI) is quickly stabilized and monitored on arrival at the hospital. Many victims need immediate brain surgery to control brain bleeding, reduce intercranial fluid pressure and repair damaged tissue where possible. Quick medical intervention may help a person increase the chances of a full recovery.
To maintain a functional lifestyle after discharge and for the future, a victim may need to discuss seeking compensation for medical expenses (such as speech therapy, cognitive therapy, occupational therapy and physiotherapy) with a personal injury attorney familiar with TBI.
If you have a head injury, a number of options may exist for the treatment of your injury.
If the injury isn’t severe, then the only “treatment” that might be needed is time. Many brain injuries heal with the passage of time.
If your injury doesn’t heal with time, then your neurologist may recommend cognitive therapy — physical therapyy for the brain. There are two main functions of cognitive therapy. Initially, your neurologist and therapist will try to help you regain the functions that you are able to regain.
But in many instances, you might not be able to regain functions. In those instances, the cognitive therapist will help teach you ways to cope with the loss of the functions that you can’t regain. For instance, if you have difficulty remembering tasks, the cognitive therapist might teach you different methods to remember tasks that need to be done.
But the most important thing to remember with head injuries is to seek treatment. The head is the most fragile and most important part of your body. If you think you have any type of head injury at all, seek treatment from your physician or a neurologist as soon as possible.
Traumatic brain injuries are usually treated according to the type of injury involved, how severe it is and what area of the brain was injured.
Mild concussions, or mild TBIs, may not need specific medical attention. Those with mild concussions may feel good and go on with their lives as they did before their TBI. On the other hand, severe concussions or severe TBIs will require medical attention.
Regardless of the severity of the TBI, it is vital to follow the advice of your doctor.
Do not return to usual activities until medically cleared to do so. Returning to normal activities too soon can trigger TBI symptoms and prolong healing. Additionally, you risk re-injuring yourself, and re-injury can lead to permanent brain damage.
The treatment for severe TBIs will be laser-focused on keeping the injured person alive by getting them on oxygen, controlling the pressure in the brain, controlling blood pressure and ensuring there is no further injury to the neck or head.
In some cases, surgery may be necessary to repair skull fractures, alleviate the pressure inside the skull, and remove pooled blood or blood clots (also referred to as hematomas).
Traumatic brain injury may also require medications. Some medications will be deployed immediately after the brain injury, and other prescriptions treat further symptoms and issues that arise during recovery. Here are some examples of medications used in TBI injuries:
The long-term effects of a TBI can be difficult for those who sustained the injury and those caring for them. To learn more about brain injuries
Doctors rate brain injuries using three levels: mild, moderate and severe. The most commonly used rating scale is the Glasgow Coma Scale, which helps physicians figure out how responsive a victim is to behavioral measures. The Glasgow Outcome Scale determines the likely prognosis of the injury. The Rancho Los Amigos Scale assesses consciousness, receptivity and responsiveness.
The full effects of a brain injury cannot be known until a patient has completed treatment and begun rehabilitation.
Every brain injury is different. Injuries differ in severity, in location (affecting different areas of the brain), and in consequence. Some people are just more susceptible to injury than others. The location of the injury typically dictates the general type of therapy that may work for a patient, but each person works through rehabilitation in his or her own way and at his or her own pace.
Rehabilitation may continue for the rest of the individual’s life, and it may constantly change to meet individual needs at various points in time
Yes. Any safety device installed in a vehicle is specifically designed to help save lives and reduce the seriousness of any injuries sustained. Statistically speaking, more Americans survive accidents with the aid of airbags and seatbelts than would make it out of a crash alive without them. Although brain trauma still happens in accidents, its severity is often greatly reduced by seatbelts and airbags.
In this case, filing a lawsuit may be possible. Whether or not you may have a case depends on the circumstances of the case. Did the coach explain the risks associated with playing football? Is there a TBI education program in place to allow players to make informed decisions about playing football? Were team members issued regulation helmets? Were you taken off the field and assessed after being hit? The answers to these questions will help determine if you have a case against your coach and the college.
Cases like this can be quite complex, so it is best to consult with a seasoned traumatic brain injury attorney to discuss the circumstances of your case, find out what your legal rights are and what you may need to do if you wish to file a personal injury lawsuit.
Every year, at least 200 in every 100,000 Americans suffers a traumatic brain injury at some rating level. Fifteen percent of the injuries are rated at severe, and 11 percent may result in death. There are over 1.7 million new cases each year as a result of car accidents, workplace injuries, sports injuries and criminal assaults of various natures (e.g. beating and gunshot wounds). No matter the level of brain injury, the damage can have lifelong effects.
There are many symptoms you should be aware of if you suspect you may have a concussion. It is important to note that if you do suspect you may have one, you should seek medical attention immediately.
Some of the other symptoms you can be alert for include:
It is also important to ask family members or others close to you to look for and keep track of any symptoms you may exhibit. Often, the person experiencing the brain injury is not able to recognize the symptoms in themselves, but persons close to them can more easily see the problems.
Yes, there are four different types of skull fractures. They are:
In some instances, a series of mild head traumas may lead to brain injury. Concussions are a mild form of brain injury, and even though they are often considered temporary, a single concussion can stretch and tear nerve fibers in the brain. Most concussions do not show up on CAT scans, MRIs, or during a neurological exam. Some individuals who suffer mild concussions but never lose consciousness do not get a full neurological or medical workup, so the issue can remain undetected until later in life. Sometimes, symptoms appear after a person sustains a concussion or a series of concussions, including emotional, cognitive, and physical issues. The physical results of a concussion are referred to as Post-Concussion Syndrome.
No, all traumatic brain injury cases are not the same. This type of injury can be sustained in a variety of ways some of which are caused by accidents due to the neglect of another. Additionally, each person’s condition varies from others and each person has their own set of complications and road to recovery.
Factors determining the severity of a traumatic brain injury are typically based on:
If you’re in a wreck with an uninsured or underinsured driver, you’re not protected. People who have been in a wreck frequently aren’t able to work for some time or face serious, long-term injuries. When a driver is hit by an uninsured or underinsured motorist and doesn’t have any uninsured/underinsured motorist coverage of his or her own to pursue, even the best legal team cannot help. In those situations, clients are stuck with impossible medical bills or left unable to pay their mortgages. Those people aren’t able to recover for the pain, mental anguish or impairment that the law allows.
This is actually a two-part question.
First, you may not have enough liability insurance — the type of insurance that protects you in the event you cause a wreck and harm someone else. If you don’t have enough liability insurance, then the person or persons can not only come after your insurance company, but you personally. A judgment against you could cause you to lose your personal assets. A judgment is a big deal. It can ruin your credit and make it difficult to rent, lease or buy a home or car. Taking your physical assets is harder, but it can be done. For example, in Texas, most people can’t take your homestead or garnish your wages, but someone could take your bank accounts after you deposit your paycheck. That’s obviously a problem.
Second, you may not have enough coverage against uninsured/underinsured motorists. You need enough coverage to protect yourself in case you’re in a wreck someone else has caused. When you don’t have enough coverage, any recovery you make will probably go toward paying your doctors’ and hospital bills (and often, it won’t even cover all of those). There likely won’t be enough to compensate you for your lost earnings, pain, mental anguish, impairment and the other elements of damage you’re entitled to recover.
Generally speaking, most insurance policies cover you and your family and people driving your car, provided they have your permission to do so. However, do not automatically assume that is the case. Ask the insurance broker what your policy “does” cover and what it “does not” cover. This is an important question because coverages can vary by policy and also depend on what you choose.
For instance, most insurance policies do cover fire damage to your vehicle, hail, flood, theft, hitting an animal and flying gravel. They also cover crashes that happen while you or another person covered by your policy is driving a rental vehicle. Most also cover collisions while driving in another state and in Canada as well as attorney’s fees should you be sued as a result of an accident. Most policies also pay for lost wages, car repairs, medical and funeral costs to the other driver and passengers if you are responsible for the collision.
Most insurance policies do “not” cover accidents if you are being paid for driving for a ride-sharing company, or delivering food or other items. Most insurance policies do not cover equipment permanently installed in your vehicle or accidents that happen in Mexico, are racing or are driving for a business. They also do not cover damages that were intentionally caused.
There are big differences between an uninsured motorist and an underinsured motorist. An uninsured motorist is fairly easy to describe — he or she is someone who doesn’t have any insurance. Therefore, they have no insurance to provide coverage for damages and losses.
An underinsured motorist, by contrast, is someone who has insurance, but doesn’t have enough to cover the harm and losses they have caused as a result of an accident. For example, if a driver who causes a wreck has $25,000 of property damage insurance, but hits and totals a new car that will cost $30,000 to replace, then the driver is considered underinsured. It works the same for injury claims. If a driver has the minimum $30,000 of injury coverage, but hits someone and causes them harm of $50,000, the driver is underinsured.
In order to arrive at a figure for a premium to be paid, the insurance companies go through a process referred to as underwriting to decide if they are going to sell you a policy and how much to charge you for that policy. The amount you pay is called the “premium.”
Many drivers do not know that Texas law requires insurance companies to charge fair and reasonable rates, adequate for the risks covered. If an insurance company’s rates are too high, it can be required to pay refunds. The insurance company can appeal a decision to the Texas Department of Insurance.
There are a number of things that the insurance company takes into consideration when figuring out what rate to charge you. They include:
You may be surprised to learn that as a consumer buying insurance, you have “rights.” Your rights are that an insurance company may not:
Uninsured/underinsured (UM/UIM) motorist insurance is one of the most important types of insurance you can buy. Uninsured/underinsured coverage is insurance that covers injuries and losses as the result of a vehicle collision caused by a driver that does not have insurance or has too little insurance to cover all losses.
This kind of coverage is beneficial because it helps you and your family deal with medical expenses if the at fault driver is underinsured or has no insurance at all. Under Texas law you are not required to buy uninsured/underinsured coverage; however, insurance carriers are required to offer it to you. UM/UIM is a wise purchase to help protect you in case of a car accident.
Generally, no. When you buy your insurance, you can add uninsured/underinsured coverage for a fairly minimal amount. Obviously, some people have extreme situations where it becomes more costly, but for most people, it only adds a few dollars to the bill.
You may well be a good driver, but that does not mean others on the road are, nor does it mean they have insurance either. If you were to be involved in an accident and you did not have insurance, and the other driver did not either, seeking compensation would be incredibly difficult.
Another point to consider is that driving without insurance is not a victimless crime. An example would be if you were hit by an uninsured driver, but only carry liability insurance, you are not able to repair your vehicle unless you pay for it out of your pocket. Additionally, there are usually medical costs involved after a collision, minor or major. You would be responsible for those bills.
To avoid situations like this the Texas Department of Insurance created a database to deal with uninsured drivers, called TexasSure. It links registered vehicles, liability policies, and vehicle identification numbers (VIN). Police officers can access the system and know immediately who is driving uninsured.
It’s a good place to start, but in the meantime, each Texas driver needs to take care out there. The best place to start, barring accessing TexasSure, is to get the proper insurance when you get your vehicle insured. That means purchasing uninsured (UM) and underinsured (UIM) motorist coverage. Although the state does not mandate UM/UIM it makes a big difference if you are in a wreck.
If you are in a collision with an uninsured driver basic liability insurance policy does not cover the accident. You would be responsible for your medical costs, property damage, and other related damages.
Most drivers opt to go with the basic liability policy because it costs less. It may well save you money over time. However, if you are in a crash, your costs are astronomical without the right type of insurance. UM/UIM offers you protection if you are in a hit and/or if you were in a hit-and-run.
If you are injured by a hit-and-run driver without insurance or low insurance limits, you may file a claim with your auto insurance carrier – a claim referred to as an uninsured (UM) or underinsured claim (UIM). This kind of insurance is usually available to assist you in recouping lost wages and to pay your medical bills.
You are still able to file a claim if you have been involved in a vehicle crash and do not have insurance. However, the police may issue you a ticket for driving while uninsured.
That kind of scenario can be confusing. The insurance company gets a credit if you file a personal injury protection or medical payment claim. So, if your UM/UIM claim is worth $20,000 and the insurance company has paid out $5,000 on your personal injury protection claim, they have a credit of $5,000, but still owe you $15,000.
However, if your claim exceeds the limit of your policy, there is an exception. For example, if your claim was worth $90,000 but your coverage was only for $30,000, the insurance company still pays the full amount of your coverage ($30,000), regardless if they paid any amount for a personal injury protection or medical payment claim.
Research indicates that about 13 to 17 percent of Texas drivers don’t carry any insurance. The uninsured part of the question isn’t difficult.
The second question is more complex, because you don’t know whether a person is underinsured until you know the amount of harm they cause. A person with the Texas minimum limits of $30,000 of insurance might not be uninsured in a very small wreck, but he or she will be significantly uninsured in a more serious wreck. Most drivers who have insurance have the minimum limit of $30,000 that is required by law. In most wrecks that involve a hospital visit or any significant follow-up care, that insurance won’t be enough to cover the damages. You can safely estimate that almost fifty percent of Texas drivers are underinsured for even a moderate wreck.
No, your insurance company does not automatically pay your claim if you file a UM/UIM claim. In situations like this your auto insurance carrier may assert defenses against the claim. Such a defense may include disputing your injuries and/or medical treatment.
ccording to the law every driver in Texas must have their vehicle insured. Despite this law, many do not follow it or, they only get the minimum required coverage.
The Texas Department of Insurance indicates that roughly 20 percent of Texans do not have any type of insurance. That translates into a one in five chance that any car crash is going to involve an uninsured driver.
Since there are an estimated 1.6 million uninsured drivers on the highways and byways in Texas, it is a good idea to have that kind of coverage. (https://drivetexas.org/#/7/32.340/-99.500?future=false) You never know when you may be involved in a crash.
When people are involved in a collision, their first thought tends to be wanting to file a suit against the uninsured driver to recover damages. However, that is the least effective way to be fairly compensated. Even if you did win such a case, nothing is stopping the uninsured driver from filing for bankruptcy.
Drivers in the Lone Star state are required to have basic liability vehicle insurance. That does not mean that every driver complies with the law. Drivers are mandated to carry liability insurance providing $30,000 of coverage for each injured person and up to $60,000 per accident. The reality of today’s prices for hospital care and other medical care means those figures are nowhere near what the actual cost of damage and medical care would be.
The real reason the limits are lower is that the 30/60 maximum amount an insurance company pays out would be $60,000 no matter how many people were injured. The lower the payout, the happier the insurance company.
Car owners must also carry $25,000 in property damage coverage. Again, realistically, property damage to vehicles on the road today would be astronomical. The $25,000 would be a minuscule amount toward the actual cost and/or repairs.
Another frustrating problem with uninsured driver accidents with people that do not have even the minimum insurance requirements to drive is the “named driver” policy. Those policies mean that only the named driver is covered while driving. As a result, if the owner of the car loans the car to a friend or family member, the friend or family member would not be covered by the owner’s insurance if the friend or family member gets in a wreck.
This often happens with families who have teenagers, but the family does not want to pay the high insurance rates that teenagers bring. If the named driver lets their older teen drive and the teen causes an accident, coverage likely does not apply to the collision. That means the other driver is left with no recourse to recover damages. This is a good policy for insurance companies so they do not have to pay out on accidents. However, it creates a difficult situation for those who were in a crash.
Do you need uninsured motorist coverage? Yes, it would be a good idea to protect you and your family.
In Texas, state law mandates that drivers must show proof that they can pay for any accidents that they cause. That is why most drivers buy auto liability insurance.
Liability insurance kicks in to pay to repair or replace the other driver’s vehicle, other property that has been damaged, and covers some medical costs when you are deemed to be the person responsible for the crash. It’s also important to know that if you are still paying off your vehicle, your lender requires that you have comprehensive and collision coverage because it covers their investment in you.
There are eight basic vehicle insurance coverages available. Those are liability, collision, comprehensive other than collision, medical payment coverage, personal injury protection, uninsured/underinsured coverage, towing and labor coverage and rental reimbursement coverage. That’s a lot to choose over and above what is legally mandated.
What each choice of insurance coverage provides:
No, Texans are not required to purchase uninsured/underinsured motorist insurance. However, our state legislature believes it is important enough that when you purchase your auto insurance, you have to specifically reject uninsured/underinsured motorist insurance in writing to not purchase it. It’s important.
es, there are minimum insurance requirements in Texas. The minimum amount is $30,000 per person and up to $60,000 per wreck. That means every driver is supposed to carry an insurance policy that pays out an injured person up to the amount of $30,000.If passengers in the vehicle are injured, they would be paid up to $60,000 divided among all passengers in the vehicle.
If you were seriously injured and facing a very long recovery period, a portion of $60,000 is not enough to handle all the medical, rehabilitation and drug expenses. Alternatively, if you were catastrophically injured and needed around-the-clock medical care for the rest of your life, the small portion you would get from a division of funds would not be sufficient.
The minimum is often not enough insurance to cover losses in less severe cases. For example, one trip to the emergency room can cost more than $30,000, leaving no recovery for any other losses. Driving without adequate vehicle insurance is not only illegal, it is also risky.
Some states only allow a wife and any children to sue. In other states, relatives, including grandparents, may file a lawsuit. Some states have additional lawsuit restrictions if one family member is suing another for the death of a third family member.
Someone who files a wrongful death claim in Texas may be able to recover actual damages and exemplary damages. A wrongful death lawsuit (or survivor’s suit) is filed according to the Texas Civil Practice and Remedies Code Title 4, Chapter 71.
Exemplary damages are awarded as a penalty or punishment but they are never compensation (monetary or otherwise). Actual damages, on the other hand, are meant to compensate the victim or their family for the injury or loss.
Exemplary and actual damages may be awarded when the death of an individual was caused by a defendant’s willful act or omission or gross negligence. Actual damages may include:
Damages paid out in a successful wrongful death lawsuit may be exemplary and actual damages.
Actual damages may include, but not be limited to:
Loss of inheritance
Mental/emotional anguish (the emotional pain and suffering of the plaintiff over a family member’s death)
Loss of positive benefits from deceased (e.g. love, companionship, comfort and society)
Loss of services
Loss of advice and counsel
Exemplary damages (also known as punitive damages in other states) are those assessed by the court in cases where the defendant’s actions were deemed gross negligence or a willful omission or act. Exemplary damages are intended to punish a wrongdoer and indicate their egregious behavior shall not be tolerated.
Texas courts typically award the following damages in a wrongful death case: lost inheritance, lost love, lost comfort and society, lost companionship, lost care, mental and emotional suffering, pain and anguish, lost earning capacity, loss of counsel, advice, maintenance, services and support of the deceased. There are also some wrongful death cases where exemplary damages may be available. These damages may be awarded if the death was caused by a willful act or omission, or by gross negligence. Exemplary damages are intended to punish a wrongdoer and make it clear to them that their behavior will not be tolerated.
In Texas, you must file a wrongful death claim and a survival claim. The basis for Texas wrongful death claims and Texas survival claims are set out in Chapter 71 of the Texas Civil Practice and Remedies Code.
Under Texas law a spouse in a common-law marriage can file a wrongful death lawsuit. In addition, it does not matter if the couple was separated when one of them died. Also a claim is not negated if the surviving spouse remarries after the other’s death. In Texas, a spouse in a same sex marriage cannot file a wrongful death claim.
Yes, a wrongful death lawsuit may be filed in Texas. The ability to file a wrongful death claim in Texas has its origins in history. In the past, relatives of a deceased (usually children, spouse, parents) could not sue for any damages they sustained as a result of the death of a loved one.
Texas subsequently introduced what is referred to as the Texas Wrongful Death Act, otherwise known, as the Texas Wrongful Death Statute, laid out in its entirety in section 71.001 of the Texas Civil Practices & Remedies Code. When introduced, the statute created a new cause of action allowing named relations to file a lawsuit if the sustained damages as a result of the death of a parent, spouse or child.
A surviving spouse, child, and/or parents of a deceased individual may file a wrongful death claim in Texas either singly, or as a group. If a suit is not filed within three months of the date of a deceased’s death, an executor may file instead unless instructed not to by a family member.
The purpose of a wrongful lawsuit allows family members and the estate to recover compensation from a negligent person or entity that caused the death of their loved one.
The death of an individual and any injuries he or she may have sustained prior to death also injures those who depended on the deceased emotionally and/or financially. Accordingly, every state has a wrongful death statute that allows relatives of the deceased to bring a lawsuit against those who contributed to the death. A wrongful act may by intentional (murder), a negligent or careless act (reckless driving) or a reckless act (speeding).
Yes, a survival claim is different than a wrongful death claim. The Texas Survivor Statue permits an estate, heirs or legal representatives to bring a survival action. This statute got its name because it permits a personal injury lawsuit to survive the death of an individual.
The case is prosecuted in much the same way as a personal injury lawsuit. Damages that may be recovered include, but are not limited to, funeral and burial expenses, medical expenses, lost wages and property damage. Most importantly in many cases, if the deceased lived for any amount of time after the incident (even momentarily), the estate may recover for the decedent’s pain and mental anguish incurred as a result of the incident.
A wrongful death action is still a lawsuit and it is available to the parents, spouse or children of the deceased. The deceased in this situation may include a stillborn child.
No, in Texas survival claims are not the same thing as a wrongful death claim. There is a separate statute that deals with survival claims, the Texas Survival Statute. The survival claim is a personal injury for the deceased. Under this statute an heir or estate representative may file a personal injury claim in the same manner that the deceased would have been able had they lived. This law allows the family member to recover compensation on behalf of the deceased for their pain, suffering and mental anguish before death.
In contrast a wrongful death claim is compensation filed by the deceased person’s spouse, children and parents. The damages in a wrongful death suit are paid to the surviving family members and the estate for their loses.
In a wrongful death case, the beneficiaries sue for their own losses. However, in many cases, the decedent’s estate may also have claims for things like costs of medical care, costs of funeral expenses, and any pain and mental anguish that the deceased endured between the time of injury and the actual point of death. These claims, called “survival claims,” are governed by a separate statute with separate rules. One should contact an experienced injury attorney to learn about potential survival claims.
If a wrongful death lawsuit is pursued by multiple plaintiffs the there a few ways the process will look like. If the numerous plaintiffs are in agreement, they will typically be regarded as a single claimant. What that means is the cap is then applied regardless of the number of plaintiffs listed on the lawsuit
However, if the plaintiffs are not in agreement, two possibilities arise. The first solution is for each plaintiff to file separate lawsuits through different law firms. In this situation each party is unaware of the proceedings of the other plaintiffs. The other solution is for the plaintiffs to hire separate attorneys that then work together, a process known as an “aggregate demand.”
Many factors affect the amount of compensation that can be received in a wrongful death lawsuit. This amount will depend on who is responsible for the death, how many plaintiffs are there and who is liable for paying costs of the death.
There can be multiple potential defendants in a wrongful death lawsuit, and one or more can be named in a suit. The people or entities that can be named in each claim will depend on the details of every case. The defendants can include but are not limited to: employers, negligent individuals and insurance companies.
Furthermore, in a medical negligence case, in Texas, there is a limit on the amount that can be awarded to the plaintiff. If there are multiple defendants, such as nurses or physicians, a limit is placed on the amount of non-economic damages that survivors are granted from each defendant.
If the person died as a result of injuries sustained in an accident, the individual’s heirs may file for compensation via a personal injury lawsuit. Each state has a law on the books allowing a wrongful death action — a death caused by someone else.
The number and type of defendants named in a wrongful death lawsuit can have drastic effects on the outcome of the case. For example, in medical malpractice cases, the number of defendants can influence the cap placed on the damages. But even in non-medical malpractice cases, the number of defendants will have an effect on the outcome of a case.
In addition, the number of defendants will also make a difference in the outcome of a case. For instance, when suing a trucking company the defendants will likely include the truck driver, the truck company, or the company which produced the truck and its parts. The number and types of defendants will likely make a difference in the evidence presented to the jury.
It is important to understand that a wrongful death is the result of someone dying as a consequence of another’s negligence. Thus, any company, governmental agency or individual may be held liable for causing such a death if intentional negligence was present or the accident was the result of failing to use reasonable care.
Wrongful deaths may occur for a number of reasons, including:
In Texas, survival claims are claims the estate makes for any injuries that the deceased sustained before dying. For example, if someone in a car wreck sustains severe injuries but does not die for a week, the survival claims are based on the pain and mental anguish that occurred during the one-week interim.
Normal damages are intended to put the victim/plaintiff back into the position they were in prior to an accident. For example, if you sustained an injury at work due to someone’s negligence, your wages should be paid to you for the time that you lost.
Punitive damages are different. Punitive damages do not give the plaintiff back something the plaintiff lost as a result of an accident. Instead, punitive damages are intended to punish the defendant for particularly outrageous/egregious conduct. These damages are sometimes paid in conjunction with compensatory damages and are not handed down in every case.
Punitive damages are also regarded as the plaintiff and the court sending a message to not just the at-fault defendant, but to society as a whole to deter others from doing these same types of behaviors involved in a wrongful death case.
Non-economic damages include things such as loss of counsel, mental and emotional anguish or loss of consortium. Many other harms qualify as non-economic damages such as, permanent disability, trauma, disfigurement, and other monetary losses.
Non-economic damages are not easily quantified in dollar amounts. These damages are distributed to families of victims who have died or to severely injured victims. In Texas, there is a cap on
non-economic damages in wrongful death medical malpractice lawsuits. The cap varies depending on several factors, including the number of defendants being sued.
Non-economic damages differ from economic damages, which include medical bills, lost wages and loss of future income.
In relation to a wrongful death lawsuit, non-economic damages means that family members may sue for a loss (or losses) that does not have a monetary amount attached to it. Examples of non-economic losses are loss of consortium, loss of counsel, and mental and emotional anguish. If the wrongful death case was founded on a medical malpractice case, the total capped amount of non-economic damages a plaintiff could receive under the law in Texas is $250,000 against any one defendant, and $750,000 total.
Yes, compensatory damages are different from punitive damages and are often called “actual damages.” As the phrase implies, compensatory damages are aimed at compensating a plaintiff/victim for a loss and the plaintiff must prove they sustained some form of loss due to the accident in question. The plaintiff/victim must also prove to the court that the defendant caused their financial losses.
Compensatory damages may be awarded for a variety of things, including:
Because your son died before you were able to file a personal injury lawsuit, you will not be able to file that lawsuit. However, you instead may be able to file a wrongful death lawsuit.
A wrongful death lawsuit compensates the survivors.
If your family member passed away as a result of injuries from a vehicle accident involving negligence, then a family representative or estate heirs may be able to launch a wrongful death lawsuit.
If your family member died as a result of other causes, then the estate representative can file a personal injury lawsuit on behalf of the victim.
Furthermore, if your son was conscious and experiencing pain or other complications prior to his death, pain and suffering compensation may be awarded due to the injuries that eventually resulted in his death.
Each case is different and discussing your situation with an experienced wrongful death lawyer is the first step.
In Texas, the law specifies the members of the family who may file a wrongful death lawsuit. If you are the parent of the deceased, the spouse or a surviving child (even an adult child), an adopted child(ren) you may file a wrongful death claim either as a group or individually. You may not file a wrongful death claim for siblings.
In a fatal car accident caused by a drunk driver, the at-fault driver would be charged with a crime, like a DUI or vehicular manslaughter. A legal case that can be brought against this driver is a criminal case. Such a case can only be brought by the government and the lawyer handling the case.
When prosecuting a criminal offense, there is a higher standard of proof required than in a civil case –say for instance a wrongful death case, as that would likely be the kind of case you may consider filing. A skilled wrongful death attorney can advise you on the process for a criminal lawsuit.
On the other hand, in a civil wrongful death case, anyone can file a lawsuit whose civil or private rights have been violated by another party. An example is a drunk driver causing a crash that kills someone where the drunk driver violated the right to safety for others on the road.
When a private party, such as a husband or wife, files a civil wrongful death lawsuit, they would be seeking compensation for the loss suffered and not asking for criminal sanctions, such as a jail term.
In some civil cases the judge may award a monetary penalty referred to as punitive damages against the at-fault individual. This is typically awarded because the defendant’s behavior was extremely reckless, egregious or malicious. Texas is one of few states that permits the awarding of punitive damage in a wrongful death lawsuit.
No. It does not matter if the victim ever held a job. He or she likely contributed to the family unit in some manner. An example would be a mother who remains at home to care for an ailing parent. They are contributing care, nurturing, guidance, love and support. A loss of such an individual and their contributions to a family are referred to as pecuniary losses.
No, you are not able to file a wrongful death lawsuit in Texas if you lost a sibling. The law does not allow a sibling to bring a wrongful death claim for the loss. Only parents, children and the spouse of the deceased can file a wrongful death claim in Texas.
If your husband was killed due to the negligence of an individual, corporation or a government entity, you may be legally entitled to compensation under the auspices of a wrongful death action. In order for an entity to be held responsible in a wrongful death lawsuit, the plaintiff has to prove that the defendant [entity] had a duty of care to the deceased.
The most common types of wrongful death cases may include:
Texas does have a settlement cap on how much a plaintiff may receive in damages as a result of medical negligence. This cap only applies in medical malpractice cases. Most claims do not have a cap on damages.
If you filed a lawsuit against a hospital or a physician, naming them as the responsible parties for a loved one’s death, there may be a limit on the amount of damages that can be awarded to you. In Texas non-economic damages will have a cap placed upon them. In addition, the number of defendants and claimants will have an effect the amount of damages awarded.
No, Texas law does not permit siblings to bring wrongful death lawsuits for the loss of a brother or sister.
In Texas, wrongful death claim may be subject to two statutes of limitations. For instance, there is the limitations period on the claim that the deceased could have filed. In most cases, that would be two years from the date of the person’s injury.
There is also a limitation period on the plaintiff’s claim for wrongful death, usually two years from the date of the death of a child, spouse or parent.
However, other time limits may exist based on particular facts of your case so it is urgent that you contact a lawyer as soon as possible.
If you feel you have a valid wrongful death claim, it is vitally important to speak with a qualified wrongful death attorney to understand your legal rights. Do not wait too long or run the risk of passing the acceptable filing date as laid out in the Texas Statute of Limitations.
Every state has a timeframe laid out by law for someone to file a wrongful death lawsuit. After the designated period passes, any legal action on the claim will be barred. The clock usually starts running at the time of death or at the time the party became aware of or discovered the death. The starting point varies from state to state.
Yes, there is a statute of limitations for filing a wrongful death claim in Texas. However, it is important to note that wrongful death claims in Texas may be subject to two statutes of limitations. There is a limitations period on a claim that the deceased person could have filed that is, in most instances, two years from the date of the individual’s injuries.
There is also a limitations period on your own claim, which is usually two years from the date your parent, spouse or child died. Do not wait to seek legal counsel if you think you have a wrongful death case.
Depending on the actual facts of the claim, there could be earlier deadlines as well. As a result, it is important to talk to an attorney as soon as possible.
No, there is no limit to the number of people that may file a wrongful death lawsuit. In many wrongful death lawsuits, multiple claimants will often file a case. In wrongful death cases the family will file a suit. However, even if multiple people file a wrongful death lawsuit in regards of a sole person, the plaintiff will be regarded as one claimant.
In cases involving multiple plaintiffs it is important to know that some types of cases will have cap on the amount of damages that can be recovered. Texas, is a state that has a cap on the amount of damages. Thus, if a cap is applicable in a case, this cap will be applied regardless of the number of plaintiffs present.
Yes, a Texas wrongful death claim is different from a wrongful death claim filed in another state. This type of claim is based on a civil wrong that caused the death of someone. Wrongful death is a cause of action brought when a person or entity wrongfully causes the death of another.
Every state in the United States has its own wrongful death claim laws. And even though each state’s law may be different, the origin of most such laws are traceable back to Lord Campbell’s Act (1846), passed by the United Kingdom. In some states, the deceased’s family has to bring two different kinds of claims — a survival claim and a wrongful death claim. A survival claim aims to recover funeral and burial expenses, punitive damages and pain and suffering, and other claims that might belong to the deceased’s estate.
Although some of the wrongful death laws may be similar or the same in some states, others may vary widely, so it is important to know the law in your state. This means that in order to file a wrongful death lawsuit in Texas, you need to speak to a competent wrongful death attorney who can walk you through the process to claim compensation for your loss.
The short answer is “No” a survival claim and a wrongful death claim are not the same thing. Under the Texas Survival Statute a deceased’s estate representative or heir may file a personal injury claim on behalf of the deceased. This is because the deceased is unable to do that on his or her own. Survival claims typically deal with recovering funeral and burial expenses, punitive damages and pain and suffering that the deceased endured before passing away.
Individuals cannot file criminal lawsuits. Criminal cases are prosecuted by government entities seeking to punish someone for an act that broke existing criminal laws. In other words, they committed a crime. Civil cases are launched by individual citizens or groups of citizens and typically involve duties and rights that organizations and individuals owe to one another.
The burden of proof in a criminal case is much higher than a civil action. Convicted criminals usually go to jail. Civil cases are usually resolved by way of a monetary judgment.
If you file a wrongful lawsuit in Texas, you need to prove you are a statutory beneficiary of the person killed. Statutory beneficiaries include the deceased person’s spouse, children and parents. You also need to prove that the defendant’s reckless, negligent or wrongful act was the proximate cause of the deceased’s death.
To be eligible for compensation in a wrongful death lawsuit you need to prove that the defendant’s wrongful act caused the death of your loved one and that you are a statutory beneficiary of the deceased. A statutory beneficiary is a parent(s), spouse or children. There may be other beneficiaries eligible. That may be discussed with a wrongful death attorney.
If you file a wrongful death claim in Texas, you may be able to recover what is referred to as actual and exemplary damages.
Actual damages may include:
Exemplary damages are those recoverable when a person’s death is caused by a defendant’s willful act, omission or gross negligence.
Generally speaking, you would need to prove three main things:
Although every state does have a wrongful death statute, they are not all the same. There are numerous differences across the board.
In fact, should someone seek to bring a wrongful death action, it is vitally important to figure out in which state they should file the case. This is because some states do not allow certain kinds of damage awards and may also have a different statute of limitations relating to when one must file a lawsuit.
The compensation you may be eligible for is outlined in the Texas Civil Practice and Remedies Code. It deals with wrongful death and survival lawsuits.
You may be able to recover exemplary and/or actual damages.
Actual damages for wrongful death claims may include:
For a survival claim, the damages may include:
Exemplary damages:
Currently, Texas law does not permit wrongful death actions to be filed by same-sex spouses.
Otherwise, a spouse may bring such an action whether or not their union was formal or under common law.
A claim may also be filed if the spouses were separated at the time of a fatal accident, and the spouse may also bring a wrongful death action even if the surviving spouse remarried after the other partner’s death.
There are a number of factors that affect how much you may be awarded in a wrongful death lawsuit in Texas. The first factor is determining who is responsible for the death. The second is who is named in the lawsuit. The third is how many people are suing for damages. And the fourth is which entities can be liable for paying for the costs of the death of your loved one.
While that may sound fairly straightforward, it typically is not. The factors may remain the same, but the way the lawsuit is filed and its outcome depend on the specifics of each case. An example would be if you chose to file a medical negligence case, as Texas does place a settlement cap on damages in such cases.
In Texas there are two applicable statues of limitations on wrongful death claims. Depending on the nature of the claim, a different limitation period will apply.
The first time period limitation applies on claims that the deceased person could have filed. This limitation, in most cases, last two years from the date of injury. The second limitation period applies to your own claim for wrongful death. Normally, you will have two years form the date of death of your parent, child or spouse to file.
If you feel you have a wrongful death claim, it is important to speak with a competent wrongful death attorney as soon as possible. If you wait too long, you may lose the right to file a claim.
Non-economic loss refers to personal losses, and while incalculable, the courts attempt to determine compensation for the family for the loss of their loved one. This is where an attorney must help the court understand the true nature of the devastating loss to a family in the wake of a wrongful death. While there are a number of variables involved, courts consider emotional stress, pain and suffering, loss of companionship, nurturing, love and affection, mental stress and inconvenience experienced.
Economic loss is calculated based on what costs were involved relating to medical, funeral and burial expenses and what the deceased would have earned/accumulated had she or he lived a normal life span. This is a very complicated and complex calculation, involving, in part, the deceased’s age, his or her health prior to death, earning capacity and projected earnings at the time of death. Other factors a court considers are what type of assistance and services the deceased would have provided to the family, age and needs of any children and even potential accumulated wealth. Proving verifiable economic losses is often the function of expert witnesses hired by the survivor’s attorney.
The Texas Wrongful Death Act includes adoptive parents, but does not include grandparents, foster parents and stepparents. Divorced parents may also bring a lawsuit for the wrongful death of their child(ren).
This is a complex area — one that needs to be discussed with an experienced trial lawyer. Family members may be able to recoup medical expenses and funeral and burial costs. Damages over and above that may include, but not be limited to: pain and suffering that the survivors experience, lost wages of the deceased and lost estimated future earnings.
It does not matter how old the deceased is if you choose to file a wrongful death lawsuit. They could be elderly or a child. What may be different is the calculation of damages and may focus on non-monetary contributions/services provided to the family unit. This differs in the sense that the elderly individual or child may not have supported a family in the same way as a father or mother who worked to pay the bills. Your attorney can fully explain the differences to you if you find yourself in that type of a situation.
No, not every state in the nation has the same laws regarding wrongful death. Each one has chosen to create their own set of rules and regulations. These laws will differ from jurisdiction to jurisdiction.
For example, states will have different statutes of limitations or a time period within which to file a claim. Or, states will have different thresholds placed on the amount of monetary damages available for recovery.
States will also have rules on what types of damages are available for plaintiffs to recover. In some states, the plaintiff may also recover for the loss of companionship and medical and funeral expenses.
In Texas according to Texas CIV PRAC & REM Code §71.00, the surviving spouse, children and parents of the deceased can file wrongful death claims individually, or together in a group claim. If all beneficiaries are adults and are agreeable, they can determine the distribution of the settlement.
In all states, the Statute of Limitations sets out the parameters for what date a suit may be filed. Filing requirements are also different in certain specific situations. An example would be a shorter time frame is allowed for filing a wrongful death lawsuit in a case where a government agency was the named defendant.
In Texas, a wrongful death lawsuit must be filed within two years of the deceased’s death, unless there is an exception. An attorney can fill you in on those exceptions.
Maybe. Settlement distribution is usually determined according to state law in combination with any documents signed by relatives and the kind of lawsuit filed. There may or may not be any obligation to share the settlement.
It is best if you do hire a wrongful death attorney to handle your case, because the laws relating to wrongful death are confusing and complicated. An attorney is also familiar with the best ways to obtain the highest possible compensation for your loss.
There are some states that do allow, by way of specific statutes, recovery of punitive damages in wrongful death cases. By and large though, in the balance of states, plaintiffs cannot recover punitive damages for a wrongful death action.
Yes, you can file a wrongful death lawsuit if she did not have a job at the time of her death. If an individual dies as a result of the injuries sustained in a car accident, then an heir or representative of her estate may be able to file a wrongful death lawsuit.
Even if your wife never had a job, she would have contributed to the family in many other significant ways. For instance, a plaintiff can be compensated for services the deceased was providing and would have continued to provide, had she not been killed.
There are several services that you may be compensated for losing your wife, such as childrearing, housekeeping, the lost earning capacity of the decedent, loss of inheritance, loss of companionship, society, comfort, and love, and emotional pain and suffering. Funeral and burial expenses are also typically awarded and if the deceased was going to school in preparation for a career, this would also be considered as part of the award for damages.
In Texas, a deceased’s estate can also recover for the pain and suffering that the deceased experienced before ultimately passing away. These claims belong to the estate. In addition, wrongful death beneficiaries, typically spouses or children of the deceased, can make their own claims for the mental anguish they sustain.
In Texas, certain surviving family members may file a wrongful death suit individually, or as a group. That could mean:
Texas gives immediate family members the option to prevent the executor from filing a wrongful death lawsuit.
Texas law does not permit siblings to bring a wrongful death claim for the loss of a brother or sister. Additionally, Texas law does not allow wrongful death actions by same-sex spouses.
There are really only two main things that a plaintiff filing a wrongful death claim needs to prove when they file a wrongful death lawsuit:
That you are a statutory beneficiary of the deceased — e.g. parent(s), spouse, children
That your family member’s death was the result of the named defendant’s wrongful act(s)
Typically, the people who may file a wrongful death lawsuit are a surviving spouse, child and/or parent. However, every state has its own applicable rules as to who may file. If you are thinking about filing a wrongful death lawsuit in Texas, make sure to consult with an experienced wrongful death attorney to find out how such a lawsuit is handled. It is filed as a civil lawsuit under the auspices of Texas Civil Practices & Remedies Code, section 71.001, which allows an action for wrongful death if the “wrongful act, neglect, carelessness, unskillfulness, or default” of one party causes the death of another.
In Texas, it is usually the surviving spouse, children, adult children and parents of the deceased that may file a wrongful death lawsuit. They may do so singly or as a group. If none of these individuals file within three months of the date of death, a personal representative/executor may file a claim, unless a surviving family member asks that no suit be filed.
Each state has a different law relating to this particular situation. However, in general, most states require a child to be born alive before its death may be the subject of a wrongful death lawsuit. In some places, the death of a fetus may not be actionable. An attorney would be able to advise one of the law in the state in which one lives. In Texas, most situations will allow a wrongful death action for the death of a fetus unless the death is caused by medical negligence.
Yes, there are different factors that may affect the award in a wrongful death lawsuit. Most importantly, to determine the approximate jury amount, your attorney needs to consider who is deemed to be responsible for the death in question.
Many factors go into valuing a wrongful death case. Some of these factors include: what the defendant did to cause the death, who is making the claim, the number of people making a claim, the relationship between you and the deceased, and whether the deceased provided you support. Of course these factors will vary from case to case; therefore, a wrongful death attorney needs to be consulted to give you a realistic range of your wrongful death damages.
Yes, compensation for a wrongful death may include: damages for what the deceased may have contributed (inheritance), mental/emotional pain, lost wages, lost care, funeral/burial expenses, loss of consortium.
Damages in a wrongful death case typically fall into two broad categories. Category One allows recovery of damages sustained by the deceased from the moment of the negligent act resulting in death, until the actual time of death. Category Two covers financial losses experienced by the next of kin after the deceased’s death.
Courts can also award punitive damages to surviving family members where the defendant’s conduct was particularly reckless or egregious. Punitive damages are aimed at punishing the defendant and to deter similar future behavior.
No, not all costs associated with a wrongful death lawsuit awards are flexible. The only costs that are flexible are non-economic damages. Costs already paid or needing to be paid in relation to a death (e.g. funeral and burial expenses) are usually reimbursed in full, as are medical bills. Additionally, the court may order punitive damages (a.k.a. exemplary damages) to make an example of the defendant and to ensure the same mistake that caused a death does not happen again.
No, a wrongful death claim and a survival claim are not the same thing.
In Texas, the wrongful death claim addresses the damages that are sustained by the decedent’s specified beneficiaries. The survivor claim addresses the damages that are sustained by the decedent and his or her estate.
Yes, you should be able to recover medical expenses in your wrongful death lawsuit. Keep in mind, though, that the only costs in such a lawsuit that are variable are non-economic. Expenses that you have already paid or have been asked to render in relation to the death (funeral, burial, medical bills) should be repaid in full.
It is important to also note that if the wrongful death was egregious the court may order the defendant to pay exemplary/punitive damages. This is considered to be a penalty for the defendant’s negligence to make certain a similar mistake does not happen again.
One of the top reasons you need a car accident lawyer is to help you deal with insurance companies. They attempt to minimize or dismiss your claim to save money. If you have serious injuries, having your claim reduced or denied is a setback.
Other good reasons to hire an attorney include:
Yes, you are required to report your car accident to your insurance company. This is not because of any “state” law, but your insurance contract with your vehicle insurer requires that you report a car accident very soon after the collision.
The reason for that is if the company is made aware of the accident, the sooner it can attempt to investigate or defend a claim. If you do not report the crash within a reasonable amount of time, your insurer may deny coverage. A reasonable amount of time may be a little as one or two days after the accident. It depends on the circumstances. For instance if you were seriously injured and hospitalized, it may take you some time to let the insurance company know about the crash and the outcome.
Even if your accident only resulted in minor injuries and very little damage to your vehicle and you do not think it is a reportable accident, it is best to still let your vehicle insurance company know to ensure your carrier provides coverage for the accident if you “do” need it later. Additionally, you need to connect with your insurance agent if you believe the other driver was at-fault for the collision and that you want to pursue an insurance claim. This is a wise course of action, as there may be benefits available to you via your own policy that you may need to access.
Just because you feel the other driver was the one who caused the accident, it does not mean that individual’s insurance company is going to agree. Remember, you need an insurance company to provide the authority for repairs to your vehicle. If they are disputing fault, they may not want to agree to the repairs. You might need to rent a vehicle. Both those scenarios may possibly involve your own insurance company paying for repairs and a rental vehicle. However, that can only happen if they are aware of the accident, so reporting it no matter how big or small is the best course of action.
The other situation where it becomes crucial to have reported the accident is in a situation where the other driver does not have “any” car insurance. In a case like that, you may be able to access compensation from you uninsured motorist coverage.
The other very important reason to alert you car insurance company is if you sustained injuries, no matter how minor you may think they are. Injuries sustained in a car accident often turn into more serious ones over time and if you do not let your insurance company know you were hurt, you may not be able to invoke your insurance coverage and you may not receive reimbursement for any medical, therapeutic or ER costs.
When in doubt, call your insurance agent.
An accident attorney cannot provide an exact value for the accident you were involved in. This is because, damages are determined upon multiple factors like, who is deemed liable for the crash, and what percentage they may have been at-fault, what insurance policies are on the settlement table and what the damages are. Car accident lawyers usually work with various experts to carefully evaluate the maximum amount of compensation that may be available in your claim, as no two accidents are ever alike in outcome.
You may be eligible to recover a variety of damages, but you are not likely to get a good idea of what kinds of damages and what they may be worth without speaking to an experienced car accident lawyer. Generally speaking, you could recover compensation for costs of medical care, reduced earning capacity, scarring, pain, mental anguish and physical impairment.
Your car accident attorney assesses the value of your damages and then builds a case for you to obtain a fair and full settlement. You should be aware that Texas is a shared fault state and the amount of compensation you may receive depends on the percentage of fault attributed to you in causing the accident. If the other party is over 51 percent responsible, your quest for compensation is likely to succeed.
In this highly technological age, you can use your cellphone or another device to record videos and pictures. You can even take a short video of a witness saying what they saw and providing their contact information. I have found that once witnesses leave the scene, they are less likely to want to get involved in any claim, so getting them to state what they saw while still at the scene can be critical.
Pictures are truly valuable in a car accident case. Get as many as you can of all the vehicles involved in the crash, where they ended up, the site of the collision, skidmarks, road debris, traffic signs, and signals. You might even take pictures of your injuries and those of others if you had passengers in your vehicle at the time of the accident. It’s important to do this if you can, as once you have left the crash site, it gets cleaned up and evidence is lost.
Just remember that if you are seriously hurt, there may be some limitations on what you can do. If you can still take pictures or videos, do so. If you have a dashcam onboard or some other device that was operating at the time of the crash, make sure the police know about it and that your car accident attorney sees it as soon as possible.
If you are badly hurt, you need to be taken to the hospital. When there, take pictures of your injuries before and after treatment. Also, keep a record of what was said and what you need to do to recover. You can use your phone for this as well. The most important thing to remember though is that you need to see a doctor and be assessed no matter if you do not have serious injuries or not.
Various injuries can go undetected until they start to manifest themselves, such as whiplash, concussions, brain injuries, and internal organ damage. If you do not see a doctor after being in a crash, the insurance company is going to give you a hard time and suggest your injuries were not all that bad, that your injuries happened after the accident, or that you had pre-existing injuries.
The point of the insurance company giving you a rough time about your car accident claim has to do with them wanting to protect the insurance company’s financial bottom line. They want to pay you as little as they can for your claim. This is why you want solid information, pictures, videos, medical assessment and treatment, and a skilled car accident attorney.
All adults and children, driver and passengers, must wear seat belts. If the children are under the age of 8 (unless they are taller than 4 foot, 9 inches), they must be in a child passenger safety seat system. Children 8 years of age and older must wear a safety belt.
In a negligence suit, a plaintiff must prove that the other party owed a duty to the claimant and that the other party violated or breached that duty. In your question, drivers owe a duty to one another to drive safely. In Texas, a plaintiff must prove that the defendant breached that duty by either (1) taking an action that a reasonably prudent driver would not have taken; or (2) failing to take an action that a reasonably prudent driver would have taken. For example, you could prove that the driver engaged in affirmative conduct by texting and driving that a reasonably prudent driver would not do. Alternatively, a driver may be negligence for failing to swerve when an ordinary safe driver would have swerved.
Proving the defendant breached a duty is necessary to for the plaintiff to recover on the plaintiff’s claims.
An accident can happen to anyone. Nationwide, millions are injured in car wrecks and in Texas. In 2019 there were 19,506 serious crashes in Texas, with 30,992 people seriously injured. There were 3,722 deaths.
You may have serious injuries after a crash, and if you have passengers, they may be hurt badly or possibly dead. You need to try and accomplish some steps to protect yourself and your legal rights while you are at the scene of the crash.
Steps to follow after a crash
To protect your legal rights after you have been involved in a Texas car crash remember these three tips:
The main causes of collisions are typically external factors, such as poor roads and/or weather and driver error.
Driver error may involve:
No matter what the reason is for an accident, if you have been involved in one, you need to seek medical attention as soon as possible. Even if you feel you only have a minor injury, it may turn into something more later and if you do not have a medical record of it, it can bar you from recovering later. A doctor needs to diagnose any injuries and you need to start getting medical care and have a paper trail that can prove it, should it be necessary.
Many people ask after an accident whether or not they really need an attorney and the answer is, yes, it is to protect “your” legal interests. One of the main reasons for hiring a car accident lawyer is that the insurance company you are dealing with may not be protecting your interests. Instead, they are trying to protect “their” interests and bottom line by doing what they can to minimize or deny your claim. When you have legal representation, insurance companies tend to make more reasonable offers when it comes to settling claims.
Being involved in a crash is overwhelming and you may wish to seek compensation to pay your medical and other expenses. Finding a personal injury attorney to represent you is the best decision you could make in order to get that compensation.
If you have been injured, you need time to recover. You are likely to lose wages and may not know how long it is going to take to recover. You may develop post-traumatic stress disorder and discover you are going to need on-going physical therapy to get your life back on track. You do not need to be fighting with an insurance company to have your bills paid. This is a lawyer’s job.
After an accident, insurance adjusters start calling to pressure you to sign a release, make a statement or to settle up fast. Do not speak to an insurance adjuster without discussing it with your attorney.
If you have been involved in an accident, call Schuelke Law for help recovering lost wages, medical bills and compensation for pain and suffering. We can handle any negotiations and going to court if necessary.
Yes, you can and should talk to them if you can do so. Find out what they saw, and get all of their contact information. Do not, under any circumstances, talk to them about what you think happened in the wreck or what caused the wreck. You may say something while you’re in a state of shock, and what you say can be used against you by an insurance company or the other party’s lawyer to limit your rights to compensation or the amount you can collect.
Claims that arise from being in a crash are referred to as personal injury claims – claims that happen when someone is hurt as a result of the negligence of another person or persons, or entity. Two types of claims may be filed in a vehicle accident, a personal injury claim to seek compensation for injuries and property damage, and a wrongful death claim if someone died. A personal injury attorney handles both types of cases.
While you may not be sure if you have a claim, the one way to find out if you do is to contact a personal injury lawyer and have your possible claim evaluated. There are multiple factors to take into consideration, including:
I often get asked how much a claim is worth. There is no set-in-stone answer to that, as in each case, the injuries, circumstances, and so forth are what dictate what a case may be worth. That said, although we cannot give you a solid figure, we can provide you with an estimate. That estimate may include:
Texas is a modified comparative fault state and follows the 51 percent Bar Rule. That means that if you (the plaintiff) were 51 percent or more at fault for an accident, you cannot recover damages. If you are deemed to be 50 percent or less at fault, you may recover compensation though your recovery would be decreased by your percentage of fault.
Never assume that just because you may be partially at fault for a collision that you are automatically not eligible for compensation. Always speak to an experienced auto injury attorney first and let them assess the facts of your case.
Many hit and run drivers turn out not to have insurance or were driving while suspended or disqualified. You may still be able to file a personal injury claim for compensation under your insurance policy’s underinsured/uninsured motorist coverage.
Each case like this is different and to know your options, it is best to discuss your accident with an Austin car accident attorney. By talking to a lawyer, you also get a general idea of how much your claim may be worth. The more serious your injuries, and the longevity of them, for instance, if you are paralyzed, typically means that you may get more compensation. But again, each case has its own set of circumstances and no two injuries are alike in severity and longevity.
Also, be aware that you can still seek damages in a car accident even if it was partially your fault. There are a few things to know if you were partially at fault and one of them is do not “ever” say anything that would incriminate you at the scene of the crash, or to anyone else, including insurance adjusters. Speak “only” to your attorney.
It’s best not to say anything because you do not know what happened. You do not know if you had a mechanical failure or another kind of vehicle defect that caused the accident. For instance, a defective steering wheel or brakes that gave up without warning. The driver of the other car may have been distracted, or a traffic signal may not have been working properly. Do not make any statements about the accident to anyone but your attorney.
If you are partially liable, you may still be able to receive damages, provided you are not 51 percent or more responsible for the crash. If you are more than 51 percent at fault, you cannot recover damages.
Tell them the name of your attorney, provide the phone number, and say they are welcome to speak to your legal counsel. Period. You are under no obligation to speak to the other party’s lawyer or their insurance company. It is best if you do not. They are often attempting to get you to settle your claim as soon as possible, for as little as possible – for less than what you may be able to seek via a lawsuit.
Do not sign anything, because if you do, you cannot go back for more money when you discover your medical costs are more than you thought they would be. Do not make any recordings, as anything you say can be twisted to be used against you later to reduce or deny your claim. Do not have anyone over to your house to speak to you or interview you. DO speak to your own attorney. Your attorney handles all matters with the insurance company.
If you keep getting phone calls, advise your lawyer. Only a personal injury attorney can protect your legal rights.
About hiring a lawyer: you do not need to just pick one out of the phone book or from a commercial. Choose one or more and then go meet with them. All personal injury attorneys provide you with a free first consultation and case evaluation. You get to discuss all aspects of your accident, the scene, the details, the injuries, and the shock and medical issues you face every day.
If you like your attorney and it’s a good fit for you both, you get a written representation agreement to review and sign. Once the agreement is signed, the attorney then contacts the other parties in your case. From there on out, they also handle all interactions with insurance companies and other attorneys.
Your attorney will also do a deep dive while investigating your case, obtain any information they need to make a case, and figure out for sure how the accident happened and why it happened. Your attorney is your advocate and makes certain your rights are protected without some insurance company trying to take you to the cleaners on a settlement. While this process does tend to take some time, it is usually worth it in the long run, as plaintiffs with legal representation tend to be awarded more than claimants trying to settle matters on their own.
You tell him nothing other than you are in the process of retaining an attorney and that once you have done so, that attorney is the person to speak to for any questions they may have. Do not sign any documents offered. Do not give any interviews. Do not offer your opinion about who caused the accident. Do not speak about your injuries and damages. Leave all communications up to your attorney who has your back and protects you against insurance companies wanting you to settle early and for less than what you may be entitled to in court.
If the other driver was deemed to be completely at fault and a traffic citation, witnesses and video recordings may back you up, then the other driver’s insurance company pays compensation for the losses your suffered, any lost wages and medical bills. However, if you are deemed to be partly at-fault for the crash, then the modified comparative fault rule kicks in.
Generally, in most car crashes a jury (should the case go to court) is tasked with figuring out evidence based things, the total amount of damages involved in a car accident and the percentage of fault assigned to each party. Using the modified comparative fault rule the jury and/or judge then reduces a plaintiff’s award by the percentage equal to his or her fault in the accident.
If you are more than 50 percent at-fault for the collision, you do not receive damages. In Texas you must be no more than 50 percent at-fault to recover damages from another at-fault party. You may not know this, but the determination of fault also plays a role in when a car insurance claims adjuster evaluates your case.
No, do not speak to the other driver’s insurance company. Never give them a statement of any kind. If they do contact you, direct them to speak to your attorney. You are not obligated to talk to them and may refuse to do so.
Do not provide any information about your health, the accident or any other matter relating to the accident. Insurance companies are not your friends. Insurance adjusters are trained to diminish, dismiss or deny your claim or to settle as low as possible. Any information you give them will be used against you later to reduce the claim or deny it.
Also be aware that insurance adjusters often ask you to take a settlement offer before you may have spoken to an attorney. Do not accept this offer. If you do, you will be unable to seek further compensation for your injuries. Do not sign anything the other driver’s insurance company sends you or tells you that you need to sign, in particular do not agree to a release of medical records. Contact an experienced attorney and find out what your legal rights are before you do anything.
Yes. To ensure that you are indeed being offered a reasonable settlement, make certain to do speak to an injury lawyer. Your attorney has the skills and experience to figure out if the settlement offer is a fair one or not. Find out what your injuries and damages are actually worth, rather than assume the offer you are considering is a fair one.
Insurance companies are not your friends. Their main goal is to deny, diminish or dismiss your claim in order to reduce their financial losses. Offering you less than your claim is actually worth benefits them and not you.
Additionally, an experienced personal injury lawyer is able to continue negotiations for you in order to reach a higher settlement offer. Negotiating with an insurance company on your own is not a good idea.
We do not advise anyone who has been in a car accident to accept an offer from an insurance company before talking to a car accident lawyer. How can you know if an offer is fair if you do not know your rights or what you are entitled to recover? You can’t. You need a lawyer to advise you to whether the offer is fair and whether you ought to accept it.
And be wary of the lawyer who will tell you right away that they know the value of your case. We cannot know the value of your case until we know how bad you are hurt. And that means giving it adequate time for you to get your medical care and to know how you are doing after your care is completed.
Insurance companies tend to rush to offer a settlement that may seem good on the surface but is typically much lower than you are entitled to, based on the facts of your case. Offering fast and early is a time-worn trick to get you to sign away your rights – meaning if you do accept an offer and discover your injuries are far more serious than you thought and are going to take longer to resolve if at all, you have no recourse to go back and seek more funds. Be aware that your settlement of the case does not have to be in writing. If you tell the insurance company over the phone that you will accept their offer or that you’re settling the case, then it is enforceable, and you have given up all your rights.
Insurance companies also offer less upfront if you do not have an attorney representing you, knowing that if you are not represented, they can offer whatever they think might work. Accident survivors with attorneys protecting their legal rights often receive up to three times what the insurance company offered. Going to court is not an option insurance adjusters want to deal with and as a result, they tend to revise their offers upward. If all else fails in terms of negotiations, your case can go to trial – something an insurance company does not want.
While you could accept an offer from an insurance company, be aware that you could be losing thousands of dollars in compensation that you may need to pay medical and other accident-related expenses. The other point to consider is that if you accept a low offer and then find out you cannot return to work and that you need life-long care, the amount you may have received is not going to cover your care.
Even if the insurance company representative is friendly and seems sincere, do not answer their questions. They are on a fishing expedition to get information to use against you to reduce the amount of the claim, or if possible, dismiss it. Always refer an insurance adjuster to your attorney. If you do not have one when they call, just tell them your attorney is going to handle things for you, and leave it at that.
The short answer to this question is Yes – one of the most important things you can do is fully follow your doctor’s advice. Most importantly, this helps you recover as fully and as quickly as you can. Because of that, following your doctor’s advice is important to not compromise your claim. Failing to follow a doctor’s advice is a standard thing the insurance company uses to reduce or deny your compensation. Insurance companies do not trust what you have to say about your recovery. They rely on medical records. To this end, when you see a doctor after a crash, spell out “everything” that you are having issues with and do not hold any information back.
If you need to, make a list before you see a doctor to cover all the issues you are experiencing. I think this is important. Even in the best of circumstances, a patient typically doesn’t remember everything the patient wants to talk to the doctor about. But accident survivors can be under a lot of stress and are even more likely to forget to mention all of the things they are worried about after a crash. Try not to leave out anything and above all else, follow exactly what the doctor says to do. If that means using crutches or a wheelchair, do it. If that means doing at home stretching exercises, do it. If that means you need physical therapy or remedial massage therapy, do it. And, keep a journal of every appointment, because if you do not follow medical advice, insurance companies would love to reduce the full value of your claim.
While you are documenting your therapy appointments, also keep track of any other injuries you sustained and how they affected you. Take pictures of your initial injuries, and during the recovery process. Why do this? This is because accident survivors are often asked to describe how the collision affected them and affected their families. Ask your family to help you write the journal as they often see things you do not. Those who document their injuries for their attorney often have a better outcome when it comes to insurance settlements or court awards. That also means your information is only seen by “your” lawyer.
Try not to be in a rush to settle. This is because most insurance companies try to make a first lowball offer and suggest that is the best they can do. Under no circumstances should you do this. If you settle early and then find out that you’re hurt worse than you thought or that you are not healing the way expected, you’ve given up your claims. Wait until the doctor says you are better. Do not accept any settlement from an insurance company without having a lengthy discussion with your attorney. Your attorney is acting to protect your legal rights and working to ensure you get a fair and equitable settlement.
Also, do not provide a recorded statement. This is just another sneaky tactic for the insurance company to try and get you to say something that torpedoes or reduces your claim. Tell the insurance company to contact your car accident attorney.
If you do not know what to do after a car accident, make the first phone call to an experienced personal attorney. They protect your legal rights, ensure you are not taken advantage of, and keep the rapacious insurance companies off your back. Your first consultation with a skilled personal injury attorney is usually free. Take advantage of that. It could mean the difference between an insurance company ripping you off and obtaining fair compensation because you had a personal injury attorney in your corner.
Unfortunately, this happens often. While people may be nice at the scene of the crash, it isn’t unusual for them to change their story the next day. That is usually because they think if they can create a good story, they may be able to reduce their culpability for the collision. Sometimes this works. Most often it does not, particularly if you seek experienced legal counsel to represent you.
Above all else, you want a police report of the crash, as it provides evidence for later when you file a claim. So, by all means, when you are in a wreck, call 911. Many insurance companies do not feel an accident claim is credible if there is no police report. Additionally, if the stories told by the other side are written down by the police, it is far more difficult to change them later without major issues. Police reports document the drivers’ descriptions of what happened.
Of note is that the police report is something your car accident attorney can use to build a solid case for compensation for your injuries. To that end, it is helpful, if you can do so, get as much information as you can about the other driver(s). It’s useful to get the driver’s name, address, insurance company, proof of insurance card, and the driver’s license number. You can even just snap a photo of it with a cellphone.
One other very important thing is to get the names and contact information of any eyewitnesses. Do that if you can because it is rare for the police to do it. I often hear from clients that the police talked to witnesses only to find that the police did not document the name or contact information for the witnesses. So you need to do what you can to get witness information. And eyewitnesses can make a huge difference to your claim. Plus, if you do not get eyewitness information, it is even more difficult to obtain it later, if at all. Their testimony can often mean the difference between receiving compensation or not.
Texas follows a comparative fault system to calculate damages for personal injuries, such as those incurred in a car crash. Texas is not a no-fault insurance state. In short, provided you are not more than 50 percent at fault for the collision, you can still claim damages. If you are more than 50 percent at fault, you get nothing in the way of compensation.
If you are partially at fault, the percentage of your fault reduces your damage award. An example would be a car accident where the plaintiff’s damages were assessed at $100,000.00 and the jury indicated that they found the plaintiff to be 49 percent at fault. Therefore, the plaintiff’s damages are reduced by 49 percent. In that example the plaintiff would recover $51,000.00.
All civil lawsuit in Texas come under statute of limitation. In Texas, you can file a personal injury lawsuit up to 2 years after the accident. We never say never and would be glad to work with you to see what can be done to get the information needed to move your case forward. After the statute of limitations is up, you will not be able to recover compensation for you injuries. Act quickly and contact an experienced personal injury lawyer at Schuelke Law.
It is quite difficult to say for certain that one particular action or inaction caused an accident. The cause for the crash may have been due to a series of small mistakes. The most important thing you can do is to retain a personal injury lawyer as soon as possible so the lawyer can start investigating the possible causes of your accident.
In Texas, the plaintiff starts a lawsuit by filing an original petition. The name comes because the plaintiff is petitioning, or asking, the Court to make an award of some kind for the plaintiff.
The petition typically sets out the parties, the general facts about what happened in the case, the causes of action that the plaintiff is pursuing, and the type of damages that the plaintiff is asking to recover. A petition can be amended a number of times throughout the case.
One peculiarity of Texas law is that at trial, a party is limited to presenting evidence relating to claims that are set out in the petition. As a result, many lawyers have their pleadings as broad and vague as possible so that the lawyers are less limited on the type of evidence and claims they can present at trial. The defendant can file a motion asking that the plaintiff be more specific.
It’s not unusual for auto collision victims to get very fast settlement offers from insurance companies. Proceed with extreme caution. This is a well-known tactic to attempt to talk you into settling for less than your claim may actually be worth. For example, in 2016, we had a case where the insurance company tried to settle the client’s claim for $450.00. We eventually settled with that defendant by the insurance company tendering its policy limits of $15,000.00. While this disparity is unusual, it’s an example of how insurance companies will take advantage of you.
Accepting the offer right away means that you will not have the option to ask for additional compensation at a later date, should you discover your injuries require more healing than you first thought or if the damage to your vehicle is greater than anticipated.
You are not obligated to accept any offers from an insurance company. If you do receive a call regarding early settlement, make sure to connect with an experienced personal injury attorney first and find out what your claim is actually worth, versus what the insurance company is suggesting you settle for as soon as possible.
Generally speaking, there are official laws, regulations and various guidelines laid out on how to drive and how to figure out who is liable for an accident. These are the rules and guidelines we all learn in driver’s education classes.
These rules, policies and guidelines are also enshrined in every state’s vehicle code and they apply to motorcycles, pedestrians, autos and bicycles.
Despite these rules and regulations though, in many car wrecks, who is at fault does not have a clear answer. And often, police officers, who may not even have talked to both parties, get it wrong. In order to determine liability and responsibility or to discuss the common factors in these decisions, call an experienced auto accident attorney. Each situation is different and your lawyer will thoroughly investigate your case to determine how best to proceed.
Yes, you can still collect damages even if they are greater than the insurance coverage the at fault driver is carrying. What typically happens in situations such as that is the at fault driver’s insurer may offer to settle for the full amount of insurance available.
While that may sound like a good deal, do not immediately accept it without first consulting with an experienced car accident attorney. There may be ways to supplement the amount you may recover by accessing other insurance. An example would be getting access to under-insured motorist coverage. And if you accept the at-fault driver’s insurance without going through the proper steps, you could be risking the claims for that other insurance.
Yes, there are other things you need to be aware of when it comes to filing a claim with an insurance company. Another tactic some employ is something referred to as the “swoop and settle” tactic. This involves an adjuster, or other insurance company representatives, hustling to get claims settled before the injured survivor knows the actual extent of their injuries, their prognosis, how long it could take to recover, and how their injuries may affect them in the long term.
Disturbingly, insurance adjusters have been known to not explain the fact that settling early means there may be problems later if a survivor is more seriously injured than first thought.
However, there is also another thing to be aware of, and that relates to injured survivors being preyed on by unethical medical professionals and attorneys. There has been an uptick over the last number of years where attorneys work with chiropractors to send them clients with the benefit that the attorney gets a client referral and the chiropractor sends the patient to the attorney.
It is also good to be aware of attorneys who advertise endlessly on TV or in other forms of media, such as the local cable company or even the Yellow Pages. These are typically high-volume attorneys, striving to get as many clients as they can, then settle early and as fast as possible. If that cannot be achieved, the client usually gets dropped. The accident survivor gets left out in the cold either by taking an early, low settlement, or having their case dropped, making it difficult to pursue your claim against the insurance company.
Look for a lawyer who will take your case to court if the insurance company does not want to offer a fair and just settlement. When an insurance company knows the survivor’s attorney can and will take them to court, they usually change their tune and up their settlement offer.
Yes, there is a statute of limitation on when you can file your car accident claim. If you do not file a suit prior to the deadline, you lose your right to receive compensation for your injuries and damages. In Texas, for most personal injury accident claims, the statute of limitations is two years from the act that caused the damage (or your car accident). If, however, you were involved in an accident with a city owned bus, you have to give notice of a lawsuit to the city (or state) within 6 months.
In other words, the time you have to make a claim does vary based on the kind of claim you have, and the circumstances of the accident. To make sure you do file a lawsuit on time, talk to a knowledgeable car accident attorney.
There are multiple factors that affect the amount of time it takes to resolve a car accident case. It is difficult to provide a definite timeline, since each accident case has different factors that would affect the timeline leading to case resolution. In general, if your case can be settled out of court in a fair and equitable manner, it may take a few months. On the other hand, if you need to have your case taken to court it may take years to resolve.
In a situation such as yours, you may have the right to ask for accident benefits from your own insurance company. Those benefits may be available as part of your uninsured motorist coverage or as part of any personal injury protection/medical payments coverage you purchased.
Always remember that when you are dealing with an insurance company, it is best to have an attorney represent you. With an attorney, there is less chance the insurance company will attempt to diminish or dismiss your claim.
If the at fault driver was drunk, they are most likely going to be arrested and charged with DWI. This means that your lawsuit would be considered to be a criminal case. However, if you are an injured victim, you may also be able to file a civil claim (personal injury lawsuit) against the negligent drunk driver. Your car accident attorney would need to successfully prove the drunk driver was negligent and that the negligence caused the accident and caused your injuries.
Personal injury lawsuits may also be filed against bars, restaurants, etc., for serving an individual drinks when they knew that person was drunk and planning to drive or continued to serve such an individual when they were excessively intoxicated and bring the action under the dram shop liability laws.
It is important to note that in Texas, the use or the lack of use of a seat belt is admissible evidence, and yes, if you were not wearing one, it may affect your compensation.
In other states, not having a seat belt on may bar or reduce the chances of receiving compensation. The reasoning behind that is that people suffer far more severe injuries if they are not wearing a seat belt.
Each case is different and unique. It is best to reach out to an experienced car accident attorney to find out your legal rights and about your chances of receiving compensation.
There are certain groups of individuals that are at a greater risk of possibly being injured or killed. For example, over 46 percent of pedestrians are non-white; 20 percent killed are 65-years-old or older; and nearly one-fifth of children under the age of 14 die in pedestrian accidents.
Statistics also show that pedestrian deaths are more likely to happen in lower-income areas and that speeding vehicles increase the chances of a pedestrian death.
Many factors play a role in pedestrian deaths. Some of the most common reasons for pedestrian traffic accidents are: badly lit roadways, distracted driving or walking, jaywalking, speeding and more.
Furthermore, pedestrian deaths are more than three times as likely to happen in urban areas; pedestrians are more than three times as likely to be hit and killed by a vehicle in the dark; and over 70 percent of pedestrian deaths happen where there is no intersection.
The causes of pedestrian traffic deaths can be a number of things, such as:
Yes, car accidents involving pedestrians are more common than you may think. According to a report released in 2017, Houston, Texas is the 15th-most-dangerous metro area for pedestrians. Overall, the state comes in even higher for such accidents, ranking ninth in the United States.
The statistics released in the report from the National Complete Streets Coalition and Smart Growth America also place the Houston metro area and the state of Texas as far more dangerous for pedestrians in 2016 than in 2014. For example, in 2015, 558 pedestrians were killed in traffic, a figure that represents approximately 15 percent of all traffic deaths statewide.
Yes, there is a most common type of fatal pedestrian accident. Over 85 percent of pedestrians killed were struck by the front of a vehicle. However, in the case of an accident involving a large truck or bus, the pedestrian is more likely to be hit on the left or right side or by the rear of the vehicle.
There are a number of laws in Texas aimed at protecting pedestrians from negligent drivers. If you have been the victim of a pedestrian accident, seek legal advice to determine your rights.
Yes, there is a correlation between pedestrian deaths and distracted driving and walking. In fact, researchers at the University of Nebraska Medical Center revealed that the number of pedestrians killed by distracted drivers jumped nearly 50 percent between 2005 and 2010. It is expected that the percentage of those killed is set to increase even more due to texting while driving.
Yes. If you are a pedestrian and involved in a car accident involving a pedestrian that is caused by the car driver, the victims may have a couple of different remedies. A victim of such accident can make a claim against the car driver and the driver’s insurance company. If the car driver has purchased uninsured/underinsured motorist coverage on their own auto insurance policy, that coverage will also protect them in a car accident involving a pedestrian.
The list of those that may be held responsible or liable for a premises liability claim is virtually endless. The list includes but is not limited to:
The first thing that needs to be established and proven is that the person in possession of the property or the owner of the property knew or should have known of the dangerous condition on the property in question.
The next step is to show that the possessor or owner of the property did not tell or warn anyone about the dangerous condition and did nothing to fix the condition.
Lastly, you must prove that the failure to fix the dangerous condition was the cause of your injuries.
It may be considered to be a premises liability claim. However, the plaintiff must show that the occupier of the property or the owner knew or should have known that the liquid was on the floor before the accident. How successful a premises liability claim is usually relates to the facts of the case.
For instance, if the store owner was told that there was a broken bottle of ketchup in an aisle and the owner did nothing about it and a shopper slips and falls, it may be possible to make a case that the owner knew about the hazard and did nothing.
Depending on the circumstances of your accident, you may be able to claim compensation for your injuries. You would be, if you chose to proceed, filing a premises liability claim, a claim made when you are injured by a dangerous condition on property belonging to someone else.
The most common type of premises liability claims happen as a result of a slip and fall. A slip and fall could happen almost anywhere, including a sidewalk, stairs, parking lot, airport or grocery store. The cause of the accident is often relevant when filing such a claim. For instance, was there a wet spot on the floor that had not been cleaned up, or icy stairs that had not been sanded or de-iced for safety?
The main question involved in premises liability lawsuits is whether or not the owner, manager or caretaker was aware of an existing dangerous situation and did not remedy the situation or post clear warning signs near the dangerous area. In other words, a premises liability lawsuit is a negligence claim against possessors of property, owners and operators, and is based on the failure to prevent injuries on the premises from dangerous hazards or conditions.
A successful plaintiff can obtain compensation for disfigurement, impairment, loss of earning capacity, damages, lost wages, future medical care bills, current medical care expenses, pain and mental anguish.
The store and its insurance company will almost certainly take advantage of you if you do not have a lawyer. At first, people or companies frequently tell you they will take responsibility for things, but when it is time to write the check, their tune changes. Second, you may be entitled to more than just medical bills, and you would not know what or how much to expect without an experienced lawyer. The primary reason you need a personal injury attorney is that negligence may have been involved on the store owner’s part. They may have known about the broken stair being a tripping hazard but did nothing to fix it, not even post a warning sign.
Under the law, the property owner has a duty of care to patrons, including providing safe premises and ensuring no hazards could harm customers. If the store owner violated this duty, you may be entitled to recover more than just your costs of medical care. But without a lawyer, you do not know the types of things you are entitled to recover or a reasonable amount for a potential recovery.
Speak to a personal injury attorney as soon as you can after your accident. Personal injury lawyers are highly trained in handling negligence issues.
No, a premises liability claim does not only deal with someone tripping, slipping and falling. You could file such a claim if you were shopping at your local grocery store and a tin of coffee falls off a shelf and hits you on the head.
The list of things that may cause someone to trip, slip and fall on another’s property are endless. Common forms of premises liability claims include:
No. A premises liability case do not solely involve trip, slip and fall situations. A premises liability case can involve many other situations. Other events that can be included in a premises liability case include: faulty smoke detector: poor quality of fencing or no fencing used to protect from hazardous areas; defective railings; criminal conduct on the property; and electrocutions or burns.
Generally speaking, if you wish to pursue legal action after being in a car accident, the sooner you consult with an experienced attorney, the better. If the accident resulted in you sustaining major injuries, or catastrophic life-altering injuries, you should know that you may have a case for fair and equitable compensation.
Time is of the essence in all car crashes. You can be sure the alleged at-fault party is going to have legal counsel of their own. In an event of an accident, insurance companies will be involved making it harder for you to obtain fair compensation for your injuries and damages.
In addition, Texas has a statute of limitations for people to file lawsuits. In Texas, you will have two years from the date of the injury to file most lawsuits. However, there are many situations when a notice letter or suit must be filed faster than two years from the date of the incident. Additionally, and more importantly, in every case you must act quickly to preserve your chances of obtaining fair compensation for medical expenses, lost wages, pain and suffering, damages, etc.
It likely isn’t your fault. But that won’t stop the other driver or the other driver’s insurance company from trying to put the blame on you. Sometimes, these insurance companies make an argument that a driver like you pulled in front of the other driver or made an improper, unexpected stop, causing the wreck. But these situations are highly unusual.
According to the law, the rules of the road and common sense safety, drivers are required to remain far enough behind you to safely stop their vehicle, and the drivers are required to pay attention so that they notice when you are slowing or stopping.
If you have been involved in an accident where you were rear-ended, speak to a competent auto accident attorney and find out what your legal options are and whether or not you have a case. Each accident like is unique and all the circumstances need to be considered before filing a lawsuit or responding to being sued.
This is something that attorneys are asked on a regular basis and there is no set answer because the details of each case are different. As a result, the timeline to file a claim varies according to the details. With personal injury lawsuits, it may take months or years to get the case to trial. Every claim is unique and every case has a different set of circumstances that dictate a case timeline.
If you were able to provide the police with enough solid information for them to make an arrest or otherwise identify the driver, you may be able to proceed with filing a personal injury claim. If you were not able to provide police with information on the other driver, you may still be able to obtain compensation for your injuries/losses if you have Uninsured Motorists insurance.
Depending on your coverage amount, medical expenses and other damages may be picked up by your own insurance provider.
There a quite a wide range of damages that may be sought from the at-fault driver. Some of those damages may include, but are not limited to: disfigurement, pain and suffering, lost wages, punitive damages, medical costs, impairment and vehicle damage.
To get a better idea of what a victim may be able to claim, they needs to discuss the details of their specific case with an experienced car accident attorney.
It would be in your own best interests, financially and emotionally, to contact a qualified auto accident lawyer because they have extensive experience and knowledge in dealing with federal and state injury laws.
Filing a claim can be complicated and if you happen to make one mistake, it may eliminate your right to obtain compensation for your injuries. This is particularly important when it comes to settling claims during a pre-trial negotiation session (if that opportunity arises). An experienced auto accident lawyer knows exactly how to present your case in order for you to get fair and equitable compensation.
There is nothing worse than being in a car accident and finding out the other driver has no insurance or does not have enough insurance to deal with the damages. If that happens, you may still have a source of recovery if you purchased uninsured/underinsured motorist insurance coverage as part of your own policy.
Uninsured/underinsured motorist coverage is so important that Texas law requires your insurance company to give it to you unless you specifically reject it in writing. The coverage applies to both personal injury damages and property damage. For personal injuries, the coverage will cover all of the losses you could recover from the other driver — medical expenses, lost earnings, pain, mental anguish, physical impairment and disfigurement. For property damage claims, the coverage will cover the cost to repair your vehicle or replace your vehicle if it is totaled.
Uninsured/underinsured motorist insurance doesn’t just cover when the other driver doesn’t have any insurance; it also covers when the other driver has insurance, but not enough insurance to fully compensate you for your losses.
If you do not know if you have uninsured/underinsured motorist coverage, you can ask your agent or take your policy to an experienced Austin car accident lawyer who can sort that out for you.
People ask me this question a lot when talking about car accidents. “Who needs uninsured motorist coverage?” The answer is, everyone who gets behind the wheel of a vehicle could need it. This is because you never know if the person who hit you has insurance or enough insurance to compensate you for your damages and injuries. If you are involved in a hit-and-run, uninsured motorist coverage pays if the other driver cannot be located. This is important to protect you and your family. The liability insurance you purchase protects others, but uninsured/underinsured motorist coverage protects you and your family.
When buying uninsured motorist coverage, you can add more uninsured and underinsured coverage in increments of $5,000. Try to at least add enough property damage coverage to replace your vehicle.
In general, it is a good idea to have uninsured motorist coverage and underinsured motorist coverage if you want to recover damages and compensation for your injuries.
If you have questions about how this works in the event of a crash, feel free to contact me for an in-depth explanation.
The first thing you need to know is that the other driver’s insurance company and/or lawyer are not your friends. Their goal is to try to avoid paying you any amount of money or pay out as little as possible. An insurance company facing a claim will try to blame you for the accident. Do not face them alone. Seek legal representation to help you get compensation for your injuries.
Do not under any circumstances speak to the other driver’s insurance agent or attorney. Advise them to speak to your attorney. You should only speak to your attorney about the accident you were involved. It is important to remember to never talk to an insurance agent or the other party’s lawyer as anything you say will be used against you to reduce or dismiss the claim.
Yes. There are many cases where there may multiple drivers or parties, including the party who was injured, who contributed to the wreck.
How do you deal with it when more than one person contributed to the wreck? Some states have a contributory negligence rule, which means that if you contributed at all to the wreck, then you can’t recover from the other people who also caused the wreck.
Fortunately, Texas is not a contributory negligence state. Instead, Texas is a comparative fault state. That means if you are negligent, then you may have the opportunity to recover for your injuries, but the jury’s award of damages is reduced by your percentage of negligence. For example, if you are found by the jury to be 40 percent at fault, then the jury’s award is reduced by 40 percent. However, there is a big exception to this rule. if you are found to be over 50 percent responsible for the collision, then Texas law bars you from recovery.
That said, by all means, do not assume what degree your fault in an accident may or may not be. This is something you need to speak to an experienced Austin car accident attorney about. At Schuelke Law, we’ve handled car accident cases for decades and we know that each and every one of them is different and to not assume anything until all the facts and reports are in.
Even though you may feel that you did something wrong, keep this thought to yourself and do not admit any fault at the scene of the accident. This is due to the fact that there may be another reason for the crash, such as a vehicle defect, that you had no control over. Until an accident is thoroughly investigated, do not make “any” statements about who you feel was at fault for the crash. Save any such conversations to have with your Austin car accident attorney.
If you hope to get a fair and equitable settlement or award for your injuries, speaking to a personal injury attorney would help you accomplish that. Without an attorney, you may be short-changed by the insurance company attempting to get you to settle for far less than your claim is worth.
In most instances, you only pay an attorney if you make a recovery. An attorney is also highly experienced in gathering evidence and dealing with insurance companies. A skilled personal injury lawyer knows how to present a case to an insurance company to convince them you deserve a larger settlement than they may want to give you. If you have an attorney on your side when dealing with an insurance company, your case is taken far more seriously and is usually settled faster and for a higher amount.
What you say to an insurance adjuster may vary depending on your auto insurance plan. Your own company may be obligated to pay compensation for vehicle damage. The first thing you need to do when in an accident is report the incident to your insurance broker as soon as possible, no matter who you feel was at fault for the accident.
If the other party’s insurance adjuster is attempting to get you to talk to them, our best advice is to refer them to your attorney. If you have not called an attorney, it is a good idea to do so and fill the attorney in on the circumstances of the accident. As for the other driver’s insurance company, they have one main goal, and that is to not pay out a significant damage claim. Anything you say to them can be misconstrued and you could end up having your claim reduced or denied. Speak only to your own car accident attorney who can fill you in on your legal rights and how to respond to other insurance adjusters.
Maybe. However, that would depend on the type of insurance coverage you purchased. We suggest a lawyer to help you answer the questions of your specific claim.
Under no circumstances do you ever release your medical records to anyone until you speak with your attorney. Medical record releases are only to be signed under certain limited circumstances. If your medical information is released to the insurance company, you run the risk of hurting your case and putting your compensation in jeopardy.
Insurance companies are not your friends. They are not looking to help you. They are looking for information to discredit you or to dismiss, deny or devalue your claim. Never speak to an insurance company without consulting with your attorney first.
Yes, you may sue your husband for compensation for your injuries. In Texas, many insurance policies have an exclusion for claims made against family members. However, Texas courts have declared these exclusions invalid. You have coverage in the amount of the minimum automobile liability insurance limits, which is currently $30,000 per person.
Although these kinds of accidents are very awkward for those involved, it is often the only method you have at your disposal to recover compensation to pay for medical and other accident-related expenses.
This happens more often than we would like to think and it can be a very difficult situation, particularly if there are serious injuries involved. Leaving the scene of an accident is against the law, and yet, it still happens. Often the reason someone leaves an accident scene is because they are not supposed to be driving in the first place, due to a DWI/DUI or a suspended license. But, what do you do?
The law in Texas requires that a driver stop and perform certain actions, including: rendering aid to the injured person, exchanging drivers’ licenses and insurance information if asked, and if a police officer has been called and is on police to arrive, if they have been called.
Leaving the scene of a car accident can result in the driver, if apprehended, being charged criminally and/or have a claim filed against him or him in the form of a civil lawsuit. The crime committed, either a felony or a misdemeanor, depends on the severity of the damages and injuries caused in the wreck. If the hit-and-run caused serious bodily injury or death, it may be a felony. The penalties for hit-and-run in Texas include six months in county jail to 10 years in state prison and/or fines of $500 to $5,000 or more.
So what do you do? First, call the police. In some cases, the police are able to identify a driver and that means you can try to seek damages from that driver. However, if the police do not locate the driver and he or she remains unknown, you may still able to file a claim through your own insurance company.
Second, call your insurance company. You may have purchased insurance on your own policy that would protect you in these situations.
The first type of coverage is personal injury protection (PIP). PIP is important insurance that may pay for some of your medical expenses and reimburse you for the loss of some your earnings. There can be several potential PIP policies. If the car that you are riding in at the time of the wreck has insurance with PIP, then the PIP will provide benefits to everyone riding in that car at the time of the wreck. But what if you’re in someone else’s car? If you’re in someone else’s car, then your own car insurance covering your car, even if your car wasn’t in the wreck, may have PIP that can cover you. PIP is so important that the law is that you automatically get $2,500.00 of PIP (and you can buy other amounts more than $2,500) unless you specifically reject it in writing.
The other option for your injuries is uninsured/underinsured motorist coverage. If you bought this coverage on your own car (or if you’re a passenger in a car that has uninsured/underinsured motorist coverage), then you can make a claim on that policy. UM/UIM will actually cover both personal injury damages and property damages to the vehicle.
If you don’t have any applicable uninsured/underinsured motorist coverage, then you might be able to make a claim on your insurance’s collision coverage.
In order to recover damages and compensation for medical care, you need to have the right type of optional insurance coverage, because you can never be sure what whether an accident is going to happen and how it may affect you physically and financially.
In a multi-car accident, many different insurance companies will likely have to be involved. The biggest question that the insurance companies want is to determine who was at-fault for the accident.
After any car accident, you should always contact your insurance company. Right after, or even before, you call your insurance company call an attorney. The statute of limitations in Texas to file a claim is two years from the date of the crash.
You need to call your own insurance company right away because if you are going to file a claim under your insurance policy, they need to be notified as soon as possible. It is best to let them know what happened the same day of the accident. Your insurance company is likely going to ask what happened and what caused the wreck. Your insurance will want a statement from you about your observations and thoughts on the cause of the collision. If you do not inform your insurance company of the accident, they can deny your claim.
Another reason why you need to speak to your insurance company is that you signed a contract when you bought insurance. This contract lays out the obligations both parties have in the event of an accident.
If you are not sure who is at-fault for the accident you were involved in, you will have to file a claim with all the insurance companies involved. If the same company insures more than one driver, you will still have to file separate claims. Once fault is determined, you will be able to drop your claims against the other drivers.
Never talk to insurance companies alone. Multi-car accidents are complicated. Facing multiple insurance companies and accident investigators alone is not a good idea. You should hire a lawyer as soon as possible.
Your attorney can take over the complicated process while you have time to recover. Your lawyer knows what they are doing and can keep you from making a mistake that may cost you compensation.
To claim compensation in a personal injury accident case in Texas, you need to prove that the other party’s negligence caused the crash. Texas follows a modified form of comparative negligence. Years ago, if you were negligent at all in a way that contributed to the wreck, then you couldn’t make a recovery. Under the Texas comparative negligence scheme, if you were more than 51 percent responsible for that collision, you cannot collect damages. However, if you are 50 or less responsible for the accident, you can recover damages, but the final amount you receive is reduced by your percentage of fault.
The law in Texas allows an injured individual to collect compensation after a crash, even if they were partly responsible for it. An example would be if you were hit by a distracted driver while turning a corner, but you were also texting at the same time, you may be deemed to be 40 percent at fault for causing the crash. Any compensation that may be awarded would then be reduced by 40 percent.
To seek compensation the survivor, or plaintiff, has to prove the defendant, or another party failed to act with reasonable care and caused the accident. The following elements need to be present to prove this. They are:
Yes, you should see a doctor, regardless how severe or not a car accident was. See a doctor after a car accident, whether you feel fine or not. While you may feel just fine at first, since can still still be in shock, you may have injuries that are not readily apparent to you. Some types of injuries do not manifest or begin to show symptoms until days, weeks or even months after the crash.
Moreover, you need to be properly medically evaluated to spot any injuries and start medical care. It also helps your claim to have a record on file of your documented injuries and any treatment you are undergoing.
Unfortunately, juries, insurance adjusters and insurance companies think that if there is no damage, then there are no injuries. This is not always the case, as little property damage may cause severe injuries. Studies show that low impact crashes can cause very serious injuries.
If you have been involved in a low impact vehicle crash, contact a car accident attorney immediately. Experienced car accident lawyers give you the best chance to defeat this misconception that low damage wrecks can’t cause injuries.
There are typically two insurance companies involved in getting claims settled after there has been an accident. The first insurance company is the one that the driver of the other car has his or her insurance with. They are not your friends and there is no obligation to speak to them. In fact, it is best that you do not, and leave that to your auto accident attorney.
The statute of limitations in Texas auto accident is two years. You do not have to speak to the other party’s insurance company or put them on notice of a claim until two years after the collision. To get the matter resolved, it is best to contact them at some point. Your attorney can assist you with this.
The other insurance company involved in your car accident is your own and you need to alert them as soon as possible. The same day is preferable, if possible, and explain what happened and what caused the crash. By calling them, you are going to be asked to make a statement on what happened, who was injured, and who caused the crash. You have to speak to your own insurance company because if you do not, they can deny your claim and allege they do not have to pay you anything under your policy.
When you purchase car insurance, you sign a contract that outlines the obligations you and the insurance company are expected to live up to in order to claim benefits.
The first thing to do after a car accident is contact your insurance company as soon as you can, then contact an attorney to find out what your legal rights are and how to file a claim.
Yes you can still file a lawsuit, but it is cutting it very close to the cut off date of being able to do so. You need to be aware that all civil lawsuits in Texas come under a statute of limitations. What that means is that you only have 2 years to file a personal injury case and waiting too long may also compromise evidence needed for your case to be successful. In addition, if you wait too long and miss the filing date, you are barred from your right to seek compensation. It is best to file claims at least six months before the time limits so that there is time to make sure everything is in order.
The first thing you should do is to reach out to an experienced personal injury lawyer with a track record of handling auto accident injury claims. You need to know your legal rights when you have been involved in a collision. And you can rest assured that insurance companies will try to take advantage of you if you do not have a lawyer.
Since each accident and the injuries sustained in that collision are different, it is difficult to provide a definitive amount of compensation to which you may be entitled to. However, it is safe to say that the value of your claim may be determined by a variety of things, such as:
Negligence is a legal premise used in virtually all personal injury lawsuits and claims. It means there is evidence that the other individual(s) involved in the incident that hurt you failed to act with the ordinary care that other members of the community would exercise. And, because they were negligent, you would have a negligence claim for compensation for your injuries.
To prove negligence you need to show the other party, or defendant(s), owed you a legal duty; that they breached or ignored that duty, and that their breach was the actual, and legal cause of your collision, and injuries. Texas law stipulates that you may be compensated by the other negligent party for the harm you sustained.
Negligence is usually determined based on the evidence available. For example, did the other party use reasonable caution in the situation, did that other party or parties know of or caused a dangerous situation, and did the other party or parties drive illegally or in a reckless, risky manner. Each case is different depending on the circumstances.
The process of determining who was negligent in a traffic accident often falls to accident reconstruction experts, who examine the scene, determine how the collision happened, who is responsible for the collision, and the mechanism of injury from the collision that could have caused the survivor/plaintiff’s injuries.
If you were hurt, seek medical attention immediately. Make sure you get a detailed record from the doctor(s) to create a paper trail to prove that you did seek medical care. This is important to prove to insurance companies who would rather reduce or deny your claim if you did not see a doctor. Put another way, not seeing a doctor says to the insurance company that the accident wasn’t that bad and your claim can be reduced. This is also why you want an experienced personal injury lawyer to be in your corner.
If you can, get witness names and all contact information, take pictures of everything you can, or even video what you can at the accident scene. Remember to call your insurance company. However, stick ONLY to the facts of what happened, and do not say you feel it was partially your fault. Do not say a word about being a fault for the crash. Have a conversation with your personal injury attorney.
Hire an attorney as soon as you can, before the other individual’s legal representation or insurance company starts to contact you. If they do, refer them to your attorney and say NOTHING else.
There are two potential parties in this situation. First, if the pothole was big enough to see, then you may have a claim against the other driver for failing to use care to avoid the pothole and failing to keep control of the vehicle.
Additionally, you may have a claim against the party responsible for maintaining the road. In Texas, street maintenance is usually taken care of by the local/municipal government. Therefore, the municipal government is expected to adequately care for and properly inspect city streets. If the pothole caused the other driver to ram into your vehicle, compensation claims are may be made against the city in some circumstances.
In a case like this, it has to be proven that the city knew, or should have known, about the presence of the pothole and had enough time to fix it prior to your accident. If the city is able to prove they did not know about the pothole or did not have a reasonable amount of time to fix it, your claim may fail.
Yes, if you were a passenger involved in a car wreck and were injured, you can file a claim against the driver’s insurance company. However, these particular kinds of claims are relatively tricky, depending on your relationship to the driver. For example, if your husband was driving and you were injured in the crash with another vehicle. Determining compensation for your injuries can be complicated by fault and other factors. For this reason, it may be best to have a car accident attorney involved, explaining how the compensation is garnered and that it is not a personal matter, but simply how the system works when it comes to filing insurance claims.
People who have been involved in car accidents are usually not in the best position to be able to assess how or why an accident happened. If you accept blame and apologize to the other driver before you have spoken to an attorney, your words may be used as evidence against you at trial.
There are multiple reasons for car accidents and they do not always include the driver. An example may be a malfunctioning traffic light, defective tires on your vehicle or a drunk driver. The determination of who caused the accident and liability is something best left to an independent party such as your attorney or a judge.
If you are found to be partly responsible for the wreck, then when the judge awards the damages, the judge will reduce the jury’s award by the percentage of responsibility the jury places on you. Having said that, in most cases, if the jury finds you are 51 percent or more responsible, then you are barred from making any recovery at all.
In most cases, if you have rear-ended another vehicle, you are presumed to be the at-fault driver. However, there are cases where that presumption is not correct and such may be the case in your accident.
Speak to an experienced car accident attorney and make sure to take lots of photographs of the accident scene and all the vehicles involved. These pictures may be crucial evidence that allows your attorney to argue that you were not at-fault, despite being right behind the other vehicle. For example: if you were waiting in line for a light to change and another driver slammed into you from behind, sending you into the rear-end of the car in front of you, liability for the accident may not lie with you.
It is difficult to say precisely how long it takes for an accident claim to be settled or go to court, as the circumstances and case facts are different for each situation. Some injury claims may be dealt with in a matter of a few weeks, or it may take months to come to some type of agreement for a settlement or to bring a case to trial. It is not unheard of that cases may take a year or longer to be resolved depending on the complexity of the case.
If you choose to accept a settlement offer prior to your case going to trial, it may reduce the amount of time spent on your claim. While you may resolve things quickly by taking a settlement, you should be aware that settling early might reduce that amount offered. No injury claim should be settled until the full extent of injuries and damages are known.
If there are serious personal injuries involved, your case may take quite some time to be resolved for two reasons: the complexity of the issues involved and the fact that the full extent of personal injuries may not be known for some time.
Before going to you doctor appointment make a list of all your symptoms. Also create a list of all the questions you have regarding your injuries. Going to a doctor is the first step in creating a paper trail for a court case or settlement. List all the symptoms that you are experiencing. Even if you think they may only be minor. Make sure that the doctor writes them down in your chart.
Even if you think that the accident was no serious, many injuries will show up days or weeks after your accident. Moreover, many minor symptoms may indicate more serious conditions. For instance, you might have a tingling in your fingers or your arm seems weaker than it used to be. This could be a sign of a disruption in the discs in your neck or another location on your spine.
Usually after you have been involved in an accident, your insurance adjuster sits down with you and asks you to review the whole scenario. The adjuster is looking for information relating to your life and your health, meaning they want to know what injuries you sustained and how they have affected your life.
We typically recommend that you not consent to this recorded statement until you have hired a personal injury lawyer.
You will also need to follow your doctor’s advice. We do not like to send you to physicians or therapists, but we are always open to reviewing suggestions you have received to help minimize the risk that you go see a doctor who our other clients did not like for various reasons.
If you are not the at fault party in the accident, your attorney prepares the necessary paperwork make the claim with the other driver’s insurance company.
Yes, there are things that you may do to preserve evidence. However, people who have just been involved in a car wreck are often in shock and the last thing they think to do is write down the details of the accident.
That being said, it is critical to the lawsuit that you may file later that you do take steps, such as take notes and take pictures to preserve evidence. This important documentation helps you to receive fair and equitable compensation for damages from an at-fault driver.
Take pictures of the accident scene, any personal injuries and vehicular damage. Make a note of anything you may think of that would assist an accident reconstruction specialist determine what happened. For example, take photos of skid marks, road conditions, the surrounding landscape, position of other vehicles and signage.
Write down anything you cannot take a picture of and make sure you get a copy of the police incident report. Go to your physician and keep a log of all injuries, along with pictures. Keep torn clothing and even damaged vehicle parts and do not repair your vehicle until you are certain enough photos have been taken of the damage done to your vehicle.
In minor accidents, with no injuries, you may not need a car accident attorney. However, in situations such as yours, where you ended up in the hospital, you likely have serious injuries and your medical bills are going to be high. In those cases, you almost always need a car accident lawyer.
Insurance companies love it when victims of car wrecks do not have attorneys. The insurance companies know that victims do not typically know their rights and that the companies can typically take advantage of unrepresented victims.
On the other hand, a car accident lawyer knows your rights. The lawyer can advise you about the process, about what you are and are not entitled to recover following a wreck, and what mistakes you might make and how you can maximize the value of your claim.
Personal injury claims are frustrating and confusing for survivors. What you do immediately after the collision directly affects the outcome of any legal claim you file. For example, you do not want to do even tell people involved that you are sorry. While it is polite to do so, insurance companies try to take advantage of your good manners and argue that your apology means you are admitting fault. Anything said right after a crash is fair game for an insurance company adjuster who can then turn it around and use your statements against you.
That’s an example of what not to do. What should you do following a car wreck? If you are seriously injured, your mail goal should be to get the medical care you need. Your well-being is paramount.
If you are able, it is often very important to document what happened. Most of us have cell phones now. Take your phone out and take a quick video walking around your car and around the other driver’s car. Your car wreck attorney can use that video to create still pictures of damage that each of you sustained, and that damage can often tell the story of what happened in the wreck.
You will also need to get information about the other driver. Get the name and address and any other contact information you can get for the other driver. If at all possible, get their insurance information as well. While it is possible for your car accident lawyer to find that information later, it is much easier and cheaper (for you) to get that information at the scene.
If there are witnesses, get the names and contact information for the witnesses. We too often talk to victims of a wreck who said that there were a number of witnesses that saw the wreck, but when we received the police report, those names were not included. It is critical to get names and contact information of those who saw the wreck so that the parties’ stories do not change.
If you are not injured, or not injured badly, it is still vitally important to go see a doctor. This is because some injuries, although they do not hurt at the time, or you are not aware of them at the time of the crash, can manifest days or weeks later. If you do not have a record of seeing a doctor and being examined, you can lose the opportunity to file a compensation claim.
The other insurance company can also make a big deal out of you not going to the doctor and imply that you must not have been hurt or were faking it. To be safe, always go to a doctor after a car accident (unless you are going to the hospital) and get a paper trail that your car accident attorney can use.
It is not unusual for some accident victims to experience no pain at the time of the accident. Often pain will present itself several days later. Seek medical help immediately, even if you think the injury or injuries are minor. Whenever you have unexplained symptoms that occur after an accident, see your physician, not matter how long it is after the accident.
Continue seeing you doctor for whatever treatment he or she may prescribe until you are released. This proves you sought medical help and verifies the duration and nature of your injuries. This is vital information that may be used to pursue a car accident injury claim.
Even if you did not complain of or receive medical treatment for injuries at the scene of the accident, you may be entitled to compensation.
Often it takes a fair amount of time to achieve a settlement with the at-fault driver in a vehicle wreck even though the at-fault driver is responsible for those expenses.
Speak to your insurance company to find out if they can offer to cover some medical bills no matter who is deemed to be at-fault. The current basic minimum levels, referred to as 3/60/25, required in Texas for auto insurance are:
Your health insurance may also cover interim medical expenses. If you pay your medical bills out of your own pocket, you should be reimbursed by the insurance company at a later date.
The answer to this question is unclear due to the fact that each case has different parameters and therefore a different resolution/settlement. The nature of the injuries is another piece of the settlement puzzle. If they are severe, usually more funds are on the table, but this too varies along with other issues, such as apportioned liability.
More often than not, a settlement offer is predicated upon what the opposing counsel feels the outcome would be if the case proceeded to trial. There is no formula that dictates what you may recover through a settlement offer, although often the offer is approximately twice the total of your medical expenses and includes pain and suffering, lost current wages, lost future wages, damaged property and a host of other variables which your attorney can explain to you.
Typically, most car accident claims are settled with the insurance company, either before a trial, or even before a lawsuit is filed. That said, you should be aware that insurance companies are more interested in their bottom lines than they are in paying out large amounts of money on a car accident claim. Often what happens is that the insurance company tries to get you to settle your claim as quickly as possible, for an amount that may “sound” good, but would not take care of your medical bills if the injuries were serious and long-term. Do not be a victim of this tactic. Do not settle your claim until you are healed or until your doctor tells you that, while you’re not healed, you are as good as you are going to get.
Insurance companies also attempt to use anything you may have said to them against you, by twisting the meaning and making it sound like the injuries were not as bad as they sound, or you had pre-existing injuries, or because you did not seek medical care after the accident, that your injuries are not as bad as you say they are. They may argue any surgery being discussed is not necessary and/or not a benefit in the long run.
If you have been in a car accident, do not, repeat, do not speak to the other driver’s insurance company. Just direct them to your attorney, and also advise your lawyer that the insurance company contacted you. You are under no obligation to talk to the driver’s insurance or provide them with any information or documentation they request. Or course you do need to notify your insurance company of the accident, as often that is required according to the insurance coverage you have for your vehicle.
Do not make “any” admissions relating to the accident, such as “It may have been partially my fault,” or “I wasn’t paying attention to the traffic at the time,” or “The kids were acting up in the backseat.” Keep any observations like that to discuss them with “your” car accident lawyer.
Even though most car accident claims are settled one way or another, they are settled for more compensation when you have legal representation. Insurance companies do not want to go to court and risk a verdict that means they have to pay out more money on a claim.
When in doubt about your car accident, and what to do, where to go, or who to call for help, reach out to an experienced car accident attorney. They have your back. Let you know your legal rights, and stand by you until your case is settled fairly and equitably.
A claim could involve personal injuries or wrongful death. Typically, you have a claim when someone else’s negligence caused the incident leading to injuries and/or death. When recklessness and/or negligence results in an accident, the survivors can pursue legal action for damages.
There are several things that a plaintiff needs to prove. The first one is that the defendant owed them a legal duty to take care. The second is that the defendant did something he should not have done or failed to do something he should have done, thereby breaching his duty of care to others.
The third is that the defendant’s breach of the duty of care was the direct cause of the survivor’s injuries or death. It’s easy to show the breach of the duty was the cause of the injury in some cases. For example, if a person was texting and hit you, then it’s not difficult to show that they probably hit you because they were texting. But other things can be harder. For example, a driver may breach a duty of care by driving without a license. But that driving without a license is not enough to create a claim. You must show how the driving without a license contributed to the injury.
The fourth element is the damages; in other words, you must show how you were hurt because of the way the defendant breached the duty of care. These damages can include costs of medical care, lost earnings, pain, mental anguish, physical impairment, and disfigurement, among other claims.
When considering negligence in a case in Texas, the state follows the comparative negligence law. It divides the blame for an accident – often a car crash – on proportionate responsibility. This means that if both people involved in a collision caused the accident, then they share the blame for the crash based on how much each of them was responsible for it.
An example would be if a driver was speeding and blew through a stoplight, T-boning another car that was running a yellow light, both would bear a certain percentage of fault for causing the crash. Any damages awarded would be apportioned according to the percentage of each driver’s responsibility for the collision.
You are not going to know if you have a legal case to pursue unless you talk to an attorney. The first consultation is free, so come and talk to our personal injury attorneys at Schuelke Law. Each case is dependent on the facts and circumstances of the accident, so it is important to speak to a lawyer.
As each car accident case is different, there are many factors to consider, like: who caused the accident, were both of you at fault, were the roads bad, were there any other contributing factors and so forth. You may also be able to file a claim against the other driver and possibly the company they are working for. It is well worth having your car accident assessed by an experienced car accident attorney who would also be able to provide as estimate of what may be recovered financially as a result of the accident.
In the state of Texas, a successful claim arising from a collision rests on two factors: liability and damages. To determine if your claim may be successful, an attorney needs to know all the details of the collision before determining if you have a viable claim.
A claim would depend on who was at fault in the accident — someone else or you or both. The vast majority of successful claims are brought by victims who were harmed through no fault of their own due to the negligence of another party. Injuries and/or damages must be proven to have been caused by the accident.
When calculating damages after any car accident, several different factors come into play. When trying to determine the value of damages, remember that you are only estimating –the real number might be different.
To best determine the value of damages from a car accident, hire an attorney right away. Lawyers are trained in calculating the total damages you sustained.
When determining the value of damages, it is essential to consider multiple factors. First, what are your medical expenses? What are your medical expenses going to be in the short-term and the long-term? For example, you might need long-term physiotherapy or on-going rehabilitation.
Next, you need to determine if the accident made you miss days from work and how many. If you missed work are you may be eligible for compensation that covers lost wages and past and future earnings.
Your attorney will want to know about the property damages that may be incurred. Was your vehicle damaged, and how badly? Another factor that needs to be examined is non-economic damages. These are damages that affect you emotionally, financially and physically and are unique to each person. Often, courts will award compensation for pain and suffering and emotional trauma.
Car accidents are complex. Determining the amount of compensation you deserve is a challenging task. Many factors need to be considered. Do not face the aftermath of a car accident alone; hire an attorney right away.
Texas does have a high rate of car accidents, as do the other states in the U.S. In the Lone Star State, TxDOT indicates that there is a vehicle crash every 71 seconds, a death due to a collision every 2 hours and 36 minutes, and injuries sustained in a car accident every 2 minutes and 16 seconds.
In most of those cases, the causes were driving while impaired by drugs or alcohol, speeding, aggressive driving, distracted driving, driving while tired, driving negligently, and poor or hazardous road conditions.
Being in a car accident is highly stressful, but there are some things that it is best to do, provided you are not critically injured. Call the police, obtain as much information from others involved in the crash as you can, including eyewitnesses, snap pictures of the accident scene and the damage done to the vehicles involved, and get the name of the police officer who fills out your accident report, and a copy of that report. It is really important to get information from witnesses. Police officers too often fail to get that information, and if you do not get the information at the scene, then the witnesses could be lost forever. All of this information needs to be taken to a personal injury lawyer to file a claim seeking compensation.
The one strict rule of thumb for those involved in a car accident is if you are hurt at all, even if it is minor, go see a doctor, even if the injuries do not show up for a couple of days. The sooner an injured person sees a doctor, the sooner and better the doctor can help the victim. We frequently see people who delay going to see a doctor, and by the time they see the doctor, their condition has deteriorated such that it’s much more difficult for the doctor to help.
It is important to know that you may not need to go to court, but that option remains open if it becomes necessary to do so. This often happens if the insurance company is being difficult about offering a reasonable settlement according to the seriousness of your injuries. Some car accident cases are settled out of court so the insurance company does not take the risk of having to pay more when a jury decides the case.
You do have the right to recover compensation for your injuries sustained in a car accident. However, the at-fault driver’s insurance company is not obligated to pay for treatment on an ongoing basis, as the costs are incurred.
As a result, you may feel you need to immediately take any settlement offered that allows you to pay your bills. Rather than allow that to happen speak to an experienced personal injury attorney and find out about various deferred payment plans and/or other programs that would permit you to complete any required treatment before settling your claim.
You could attempt to handle the insurance company issues on your own, however you would quickly find out that they consistently offer less than what you would expect and they also try to dismiss the claim any way they can. Insurance companies are not your friends as they are more concerned about their bottom line and saving money, not about handing it out to claimants.
Having an attorney, on your side, helps you with several things:
1.The attorney deals with the insurance company and more often than not is able to obtain a fair settlement in accordance with the severity of your injuries;
2. The attorney is also intimately familiar with all the ins and outs of what an insurance company can attempt to diminish your claim;
3. Your attorney is able to make sure the evidence at the crash scene is preserved and get a hold of the police report; and
4. A lawyer can help to negotiate a fair settlement that is often higher than what you may get from an insurance company.
In other words, working with an attorney can garner you more compensation than attempting to handle things on your own. No one really wants to deal with insurance companies that continually try to reduce or dismiss your accident claim for any reason they can find. It is stressful and unfair.
One should speak to an attorney immediately after an accident. The first hour consultation is without charge. If one’s injuries are severe or there was a death involved in the car crash, the attorney needs to act quickly to preserve evidence.
Waiting increases the chances that evidence at the crash scene is tampered with or disappears. Additionally, the longer one waits, the more unreliable one’s recall of events may be, witnesses may move or not recall the accident and the ability to prove one’s case is reduced.
The person involved may also have issues like dealing with unpaid medical bills, finding out how to get the treatment they need, discovering what the value of their case may be, determining the terms of their insurance or having difficulty with their insurance company. An attorney is able to assist in those matters.
After a car accident, you should hire an experienced car accident lawyer as soon as possible. In the aftermath of an accident, you are likely stressed and unsure of what to do next. Having an attorney on your side, however, means that you can focus on recovery while your attorney works to get you the compensation you deserve.
In the wake of the accident, car insurance companies will want to settle the case as quickly as possible. Never talk to an insurance company alone. Their main objective is to settle as fast as possible for as little as possible. Find a lawyer to represent you right away.
How do you find an attorney to help you with your car accident claim? There are several ways you can find a good car accident attorney. Most people search for car accident attorneys online. You can search for an attorney in your area and read the websites of the different attorneys and law firms. When you visit a lawyer’s website, check if they have the experience necessary to handle a car accident. You can also look at their biographies, watch helpful videos and read the ratings left by previous clients. Lastly, check to see if the attorney you chose offers free consultations. At a free consultation, you can discuss your case and ask questions. Also, many attorneys work on a contingency fee basis, which means you do not pay for services unless you win.
Another way you can find a knowledgeable and experienced attorney is through word-of-mouth. Many people search for attorneys by asking for recommendations from friends and family.
No. Someone involved in an accident should not call the other driver’s insurance company, unless they want to run the risk of jeopardizing any case they may have.
Hiring a personal injury attorney to handle all communications is the best route, as most people have no idea how an insurance company will twist any situation and statement they make to ensure they can diminish, dismiss or deny a claim.
You may not end up going to court if the other driver’s insurance company agrees to pay you what your lawyer believes the damages are worth. If that is the case and you also agree to settle for the amount offered, then you do not need to go to court. In fact, many cases are resolved before a lawsuit is filed, and of those cases where a lawsuit has been filed, the vast majority are eventually settled before trial.
No matter what the circumstances of your case, it is best to consult with a competent car accident lawyer and thoroughly discuss your case and learn about your legal rights to ensure your get the full and fair compensation that you deserve.
You do not have to take your personal injury lawsuit to court. In fact, you should know that virtually 90 percent of all personal injury claims are resolved out-of-court via a settlement. While it is still a possibility that you may need to go to court, depending on how the other party involved responds to your lawsuit claim during settlement negotiations, your car accident attorney will be by your side to guide you through the legal process.
Yes, you may have a case if you were involved in a car accident and were a passenger. You may still file a claim against the driver’s insurance company. Be aware that these types of claims can be very complex, depending on your relationship with the driver. In cases like that, it is best to seek the help of an experienced car accident attorney. The attorney is able to explain to you and your spouse, friend, boyfriend, sibling or neighbor, that the lawsuit is “not” personal, it only involves the ability to obtain insurance to cover the damages and injuries.
Texas follows a 3rd part liability rule which means a plaintiff has the right to file a claim against the at-fault driver or that driver’s insurance company. The claim can include the cost of property damages, other damages related to the crash and medical costs.
Your options after a car accident in Texas are filing a claim:
It is likely that you can file a personal injury claim alleging a defective product, the vehicle. Texas recognizes three types of product defects. If you can demonstrate that the product, your vehicle, possessed one of the three defects that led to you being injured, you may receive compensation.
In the Lone Star State, product liability is a strict liability offense, and negligence is not an issue. Simply put, if the car is defective, and that defect led to you being injured, the defendant car manufacturer is likely liable.
In Texas, there are three types of product defects recognized:
In the case of a design defect, a product such as a car is dangerous to the user. In Texas, a plaintiff alleging a product has a design defect has to show the design was unsafe. The plaintiff must also prove that a less dangerous design was available or could have been used instead, that using the design would have been reasonable financially and technologically, and the alternative design would have reduced the risk of injuries but still kept most of the product’s utility and use. In other words, the plaintiff must prove any injuries he or she sustained occurred due to the design defect and not due to other reasons.
An example of a design defect in a car would be a vehicle that accelerates suddenly without warning. To learn more about obtaining compensation after a car accident caused by a defect, contact Schuelke Law.
There is a long list of potential distractions that may cause a driver to be involved in an accident. A few of them are included below:
Under no circumstances should you talk to an insurance agent for the at-fault party in a car accident. Direct them to speak to your attorney. Do not sign anything. Do not agree to have your statement recorded.
Always remember that insurance adjusters are trained to ask questions that may assist them to dismiss, diminish, or deny your claim. If you provide them with a statement while you were still in shock, anything and everything you say may be twisted and used against you later in an attempt to deny your claim, no matter how valid it may be.
Absolutely not. Someone involved in a car accident with another driver does have to provide information to their own insurance company, but they are not obligated to provide information to the other driver’s insurance representatives. He or she should never proceed with any kind of recorded statement with an insurance company without first consulting with an experienced personal injury attorney.
Insurance adjusters are only looking out for their company’s bottom line. They do that by casting doubt on liability and medical claims, looking for pre-existing injuries that may be dismissed in a claim for personal injury as the result of an accident.
Someone involved in a car accident may certainly speak to the police when they arrive on the scene of an accident. They should keep their statement simple and just cover the facts only. They should neither assume the blame for the crash nor make any accusations against the other driver.
Yes, always make certain to call the police if you have been involved in a collision. This is even more important if you have been in an accident where there are serious injuries and substantial vehicle damage.
Do not settle on the spot with another driver if you have been in a minor fender bender. Go to your doctor and speak to a lawyer. Just because the accident was minor does not mean you do not have unseen injuries that may crop up later.
Make sure you get the badge number and name of any police officials present at the scene of your accident to ensure you get a copy of the accident report. Even if the accident seems minor and there are no major injuries, wait for the police to get there. The information they gather can play a major part in any claim against the other driver.
Yes. One is legally responsible for dealing with one’s insurance company. It is typically a requirement in all insurance policies that insureds promptly report any car accident so the company can get the information it needs to open a claim file.
The insurance company needs one’s information in a timely manner, or one may end up with a loss of coverage for the accident.
One should make sure not to make any statements to the insurance company about who was at fault for the accident. They should just stick to the facts. It is a good idea for them to talk to a personal injury lawyer before giving the insurance company a statement or any other detailed information.
You are probably not going to like this answer, but it is the reason why the other driver’s insurance company refused to pay your medical expenses. The insurance company is a business, and they take care of their bottom line by retaining as much money as they can, not by paying out claims. They realize that if you do not have the funds to see a physician, you cannot prove you were hurt in the accident. If you cannot prove that, then they do not have to pay you.
If you cannot prove that you were hurt in the car accident, the insurance company does not have to pay you. If you press a claim, they know that if you cannot afford medical care, they could get away with pitching you to settle for less.
It is always in your best interest to reach out and speak to an experienced car accident attorney who is familiar with how insurance companies work. Legal representation tends to ensure you get fair and equitable compensation.
One thing that you should know up front is that you are entitled to ask for accident benefits from your insurance company. Those benefits usually help pay for the cost of medical care and help replace lost earnings.
In addition to claiming benefits from your insurance company, you have the right to sue the driver of the truck, his employer, and possibly other third parties. Damages you may seek from the court include, but are not limited to: economic loss, pain and suffering, compensation for your injuries, personal psychological damage, and spousal psychological damage.
Many of us buy automobile liability because we have to — state law requires that we carry minimum coverage of $30,000 for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage per accident. But what about our own losses? Will that other driver’s $30,000.00 minimum policy be enough to protect us? Probably not. Because of this, we urge our clients to purchase uninsured/underinsured coverage to protect them.
Uninsured/underinsured coverage allows you to file a claim for your injuries if you’re in a wreck where the other driver doesn’t have any insurance or doesn’t have enough insurance to compensate you for your injuries. Today, an estimated 20% of Texas drivers don’t carry liability insurance at all. Those who do carry it often have only the minimum policy limits of $30,000.00.
Unfortunately, with the high cost of health care, just one surgery could cost you in excess of that minimum $30,000.00 coverage policy. For example, a simple emergency room visit may result in charges that exceed $10,000.00. And any kind of surgery will far exceed the limits. For example, one of the more common injuries in a rear-end collision car wreck is a herniated disc. A recent client’s charge for the surgical repair of his herniated disk was over $160,000.00.
If you have these types of injuries, then the other driver’s $30,000.00 policy, even if they have it, isn’t protecting you; it’s protecting the hospital or your health insurance company.
So what does it mean? Almost weekly, we have to advise potential clients that we can’t help them because the other driver didn’t have insurance or didn’t have enough insurance. Don’t get caught in that situation. Call your insurance agent today to make sure that you’re adequately protecting yourself.
We also recommend the purchase of Personal Injury Protection coverage (“PIP”), an inexpensive policy that pays for the medical expenses and lost wages that you incur as a result of an auto accident. One important feature of PIP is that there is no subrogation. Most insurance policies, including most health insurance policies, have a subrogation clause that requires you to reimburse the insurance company for any benefits they have paid on your behalf if you recover compensation for those injuries from a third party (for example, settling your car wreck claim with the other driver involved). However, because PIP does not have a subrogation clause, you can submit the same medical charges to both a defendant driver and to your PIP carrier. The PIP carrier will not ask for reimbursement from any recovery you make in settling or winning a lawsuit. (Your automobile policy also offers MedPay as an option to PIP. MedPay is similar to PIP, but it does have subrogation provisions that will require you to pay the carrier back with any third-party compensation you might receive).
The second PIP feature is that it allows stacked coverage. This means that in most cases, you can submit medical bills to your PIP carrier even if they have already been paid for by your health insurance policy.
You may wonder then why you need PIP if you have health insurance, or why you would need PIP if you plan to recover from the other driver involved in any accident. Unfortunately, health insurance — even good health insurance — doesn’t pay 100% of your bills. PIP helps bridge that gap. PIP also covers any lost wages you suffer by reimbursing you for those. Lastly, anyone who has ever been a party to a personal injury lawsuit will tell you that many expenses, such as attorneys’ fees, are not reimbursed. PIP can be an effective way to help offset these expenses.
In short, PIP is a smart bet and insurance money well spent.
If you have questions or need help with an uninsured/underinsured motorist claim or a PIP claim, please call us at (512)337-3284 or by emailing us with the forms throughout our website.
No, someone involved in a car accident cannot leave the scene of the accident. If they do, they run the risk of facing criminal charges, no matter what their reason for leaving may be.
If someone is injured, one should call for medical assistance and move one’s vehicle out of the road if that is possible. One should call the police and file a report, but should not admit liability. This is a legal question, and it gets resolved later, after all the facts relating to the collision are collected.
One should remember to get the names, phone numbers, and addresses of witnesses. It is also important to take pictures, if possible, of any vehicle damage, skid marks, construction or other road diversions, as well as any injuries.
Every driver is required by law to have insurance. However, many drivers do not. If you were involved in an accident with an uninsured driver, there are not many options open to you. If your insurance offers accident coverage, you may recover the expense of fixing your car. If your car is written off as being totaled, you can claim the value of it.
If you happen to be carrying uninsured motorist coverage, you can recover personal injury damages in an amount that does not go over the limit of your policy.
If the at-fault driver is underinsured, speak to an attorney immediately. Even if you carry under-insured motorist coverage, you need to follow certain legal steps to collect. Never take anything said to you about the lack of insurance at face value. Always consult with an attorney.
While it is true that in most cases (aside from those with proportionate liability that comes into play) the person at fault for the accident is liable for the other person’s damages, his or her insurance company does not have any legal obligation to either treat the accident victim in good faith or fairly.
In most cases, unless someone is claiming against their own auto insurance, they are not likely to be treated in a fair or equitable manner. Insurance companies exist for one reason: to make money, and either avoid paying out on as many claims as possible, or dismiss, diminish, or deny them. Even though the adjuster may seem friendly, this does not mean they are looking out for one’s best interests. Their job is to save the insurance company money — period.
In order to obtain a fair settlement or damages from a court, you need to have an attorney handle your case. Insurance companies do not like dealing with lawyers, and consequently, an attorney usually has far greater success in obtaining fair compensation.
Be aware that if your accident was in Texas, you must file a lawsuit for compensation within the two-year statute relating to personal injury claims (and sometimes even shorter deadlines may apply to your claim). The limitation period starts the day of your accident. Even if you do file a lawsuit against the at-fault driver, his or her insurance carrier will retain an attorney for that driver. If the case does go to trial, it is not admissible to state to the jury that the at-fault driver has insurance. The jury is also not told about any settlement negotiations. You need an experienced personal injury attorney to represent your rights.
Both distractions are dangerous. However, talking on the phone is not the same as speaking to a person because a phone conversation requires heightened concentration. When talking on the phone, conversation participants can not see each other, causing them to pay closer attention to what each person is saying.
Concentrating on a phone call while driving means the driver’s mind is not engaged in the task of driving. When the driver’s mind is distracted by a phone conversation, accidents are more likely to happen. Studies indicate that distracted driving is known to be responsible for 25 percent of all collisions in Texas.
It does not matter if the technology used inside a vehicle is hand-held or hands-free. The issue is not where the hands are, but where the mind is. All e-devices are considered distractions.
When using an e-device to talk, text, or use social media apps, the mind disengages from the task of driving. This means drivers are not clearly focusing on their surroundings. Reduced clarity and awareness when driving increases the chances of an accident.
Dividing attention between talking on a phone and driving decreases reaction time. This means that distracted drivers are more likely to miss stop signs, lights, or pedestrians. Not fully focusing on driving increases the risk of an accident four times.
Eighty percent of Americans own a cellphone, and they are an accepted part of today’s lifestyle. However, over the last few years, we have learned more about how risky using a cellphone while driving can be. With the proliferation of e-devices, distractions are bound to increase.
Employers who mandate workers refrain from making or receiving phone calls while driving are doing so for a number of reasons — not wanting to see an increase in their insurance rates, not wishing to risk a worker’s life and/or a lawsuit, and wanting to keep the costs associated with workers using their vehicles as reasonable as possible.
Companies that forbid their workers to use cellphones while on-the-job indicate that no call, email, or text is worth a life or worth being involved in a preventable accident. The safety and well-being of workers is paramount, and managers feel that there are other ways to increase productivity than using a cellphone while driving.
If you have been involved in an accident where the other driver (and/or) you were using cellphones just prior to the collision, it is best to discuss your case circumstances with an experienced car accident attorney.
Yes. Distracted driving is known to be responsible for 25 percent of all collisions in Texas. Studies show that texting while driving is even more dangerous than drunk driving, in some instances. Numerous states have banned texting while driving, making it illegal to be caught driving while distracted. Although there are no statewide bans against driving while texting in Texas, multiple cities have ordinances in place banning the act. Additionally, Texas passed a statewide texting ban on May 19, 2017.
According to statistics revealed by the Federal Motor Carrier Safety Administration (FMCSA), a trucker making a call on a cellphone is 6 times as likely to be involved in a crash. A trucker trying to read a dispatch device is 10 times more likely to be involved in a collision, and a texting trucker is 23 times more likely to be in a wreck than a driver who is watching the road.
Statistics released by the Virginia Tech Transportation Institute (VTTI) further indicate that truckers who text are 23 times more likely to be in a near-crash scenario or actual crash than a driver not using a cellphone to text.
While texting while driving may not seem dangerous, the problem is that it takes a driver’s eyes off the road, increasing the chances of an accident. Additionally, trucks weigh up to 30 times more than a regular car. Those involved in a trucking accident are lucky if they survive.
In 2009, President Obama signed an executive order that banned federal workers from using cellphones while driving/operating government-owned vehicles and equipment. More specifically, the ban forbade the use of GPS, social media apps, the internet, etc.
In 2010, the Department of Transport brought in a federal ban, making it against the law for truckers to read text messages or send them while behind the wheel. Truckers may still talk on their cellphones. These rules and regulations apply to trucks over 10,000 pounds, local rapid transit drivers, “T” vehicles, and drivers of interstate buses. Truckers caught texting may face civil or criminal fines of up to $2,750, and possibly lose their authority to drive.
As for school bus drivers, it is illegal in Texas for them to drive while texting. However, the ban does not include other onboard devices. For example, the use of radios to contact dispatchers is allowed. However, school bus drivers caught on their phones can lose their jobs.
The two biggest questions in resolving automobile property damage claims are:
(1) Can your vehicle be repaired or is it totaled?
(2) Does the other party have insurance?
The insurance companies generally have the choice to decide whether they want to attempt to repair your vehicle or whether they will “total it” — pay you the current market price for the vehicle instead of having it repaired. Once they make that decision, it will dictate how you proceed.
In most instances, the person who hits you will have insurance, and the insurance company will choose to repair your car instead of replacing it. If that’s the case, the first two steps are to get an estimate from the insurance company and to find a body shop to make the repairs. While the insurance company may recommend their preferred body shops, you are free to choose the body shop that you trust.
Once you have the estimate and have chosen the body shop, the process usually runs fairly smoothly. While the original estimate is rarely accurate, most body shops and insurance adjusters will work well together to work out the differences. But to protect yourself, make sure you tell your body shop not to do any work without your approval if that work, for some reason, will not be paid for by the insurance company.
The opposing party’s insurance company will also pay for a rental vehicle. In most cases, the vehicle will be a modest standard car. However, in some cases, it is important for the client to have something other than the standard vehicle. For example, you may be a construction worker and need a pickup, or you may have four kids and need a mini-van. In those instances, the insurance company should provide you with a comparable vehicle. In some instances, there are disputes about how long the client should have rented a vehicle. To avoid this, do your best to not try and take advantage of the situation. Call the body shop to make sure they are repairing the vehicle in a timely manner, and keep in contact with the property adjuster so you do not have any surprises at the end of the rental.
The opposing party’s insurance company may also be liable for any decrease in value of your vehicle that results from the wreck. If you believe your vehicle’s value has significantly decreased, you should get some estimates from dealers or others that can help you prove this loss of value to the adjuster.
If your vehicle is repairable, but the other party does not have insurance, then you may make a claim on your policy if you have applicable coverage. If you have purchased both collision coverage and uninsured/underinsured motorist (UM/UIM) coverage, you will have the option of making a claim on the collision portion of your coverage or the UM/UIM portion of your policy. The key considerations in making that decision is which portion of your coverage has a smaller deductible, what are your policy limits for each coverage, and whether you have rental car coverage on your collision coverage.
All things being equal, you would normally choose to use the portion of your coverage with the smaller deductible, but often, things are not always equal. One factor is the limits of the coverage. On each provision of your policy, there is a maximum dollar value that the insurance company can be forced to pay regardless of the amount of damage to your vehicle. Occasionally, your collision and UM/UIM limits will be different. If the damage to your vehicle is significant, then the amount of the limits for each portion of the policy may dictate which avenue you choose.
Finally, if you have not purchased rental car insurance as part of your collision insurance, then you will be obligated to pay for a rental vehicle. However, if the claim is made under the UM/UIM provisions, then the insurance company is obligated to pay for the rental coverage.
If you are making a claim on your own policy, then you are not entitled to loss of value to the vehicle.
If the cost of repairs exceeds the value of the vehicle, then your insurance companies will “total” the vehicle, and they will be obligated to pay the market value of the vehicle plus tax, title and license to purchase a comparable vehicle.
Generally, the biggest dispute when a vehicle is totaled is what is the value of the vehicle. Insurance companies have traditionally used the Kelly Blue Book or the NADA guide to determine values. In recent years, they have turned to services that offer computer valuations of vehicles. Since these services’ main customers are insurance companies, there is good reason to be suspicious about the values provided.
In the past, people did not have many good alternatives for disputing the values offered by the insurance companies. However, in this day and age of the internet, you will be able to do your homework and have a good idea of the value of your vehicle. Both NADA.com and intellichoice.com offer average retail prices for vehicles. In addition, sites such as autotrader.com let you search for vehicles for sale within 50 or 100 or more miles from your zip code. These sites will let you get and idea of what a replacement vehicle actually costs in your area. With a little research, you should be able to get some documentation and present something to the adjuster to attempt to maximize the value offered to you.
Unfortunately, when your vehicle is totaled, insurance companies are not obligated to pay for your rental fees, though many will pay for a vehicle until they make an offer to you. As a result, it is important to do as much work as possible as soon as possible so you do not incur any unnecessary fees.
1. Do not sign any property damage release until you are satisfied. Once you sign a release, you will not be able to pursue any additional damages. In most cases, the release will be a separate document, but occasionally, insurance companies will try something underhanded like putting a release on the front or back of the check or by making check notations of “full and final settlement.”
2. Do not sign a bodily injury release while negotiating your property damage claim. Again, some companies will attempt to obtain a release for personal injury claims when negotiating property damage claims. If you have any doubt about whether the release is proper, please have it reviewed by an attorney. Again, watch for notations on settlement checks.
3. Just because the other party has insurance does not mean you have to make the claim with them. Occasionally, other parties are extremely difficult to deal with. In that case, if you have collision coverage, you have the option of making a claim on your policy. Your company will then file a claim against the other insurance company and will seek reimbursement for what they paid and for the deductible you paid.
4. Be wary of the statute of limitations. In Texas, automobile claims generally have a two year statute of limitations. If you have not resolved your claims in that time, then you must file suit against the person or entity that hit you within two years or you will lose your rights to sue.
5. Take photos of your vehicle. Photographs can be critical to your case so take photos of your vehicle before it is repaired or before the insurance company takes possession of it. Photograph the entire vehicle from all angles first, then take close-ups of all damaged areas.
Two of the most important coverages you can buy when you are buying your auto insurance are Personal Injury Protection and Uninsured/Underinsured motorist coverage. These coverages help protect your family when you’re in a wreck.
These coverages are so important that Texas law includes them in your auto insurance unless you specifically reject them in writing when you’re buying your insurance.
Personal injury protection (or PIP) insurance is an option that you can purchase when you buy your own automobile insurance. PIP pays for your medical expenses and your lost wages when you’re in a car accident or wreck.
You can buy almost any amount of personal injury protection coverage. If you buy it, then you have at least $2,500.00 of insurance. That’s the minimum required by law. Other common amounts are $5,000.00 or $10,000.00 of coverage. The most I recall seeing is a former client who was a lawyer who had $100,000.00 of coverage.
PIP has two important features. First, there is no subrogation interest; unlike health insurance, if you submit bills to your PIP carrier, you do not have to reimburse the PIP carrier for amounts paid when you receive a verdict or settlement that includes the same bills. And second, you can submit bills to your PIP carrier even if the bills have been paid by your health insurance. Because of this, generally, all money recovered on a PIP claim goes straight to you (we do not charge to assist clients with making PIP claims, though some attorneys do).
If you have been in litigation involving a car wreck or accident, you know that there are many expenses, including attorneys’ fees and case expenses, that you never have the opportunity to recover. Because PIP can help “offset” these items, and because PIP is also fairly inexpensive, it’s a good way to protect you and your loved ones from many of the losses that come with being victims in a car wreck.
One of our recent cases demonstrates the importance of buying insurance to protect yourself. Dick and Jane were both passengers in a vehicle that was hit when the other driver made an improper turn. We represented both Dick and Jane in the wreck, and we settled their claims for what we thought were decent amounts. From the settlements, both Dick and Jane were to receive roughly the same amount. But Dick’s purchase of significant amounts of personal injury protection insurance made all the difference in the world.
In our case, Jane had purchased PIP in the minimum amount offered by insurance companies. On the other hand, Dick had purchased the coverage for a very high amount. As a result, after it was all said and done, Dick will take home thousands more in cash than Jane, even though their medical expenses and lost time at work were similar.
In addition to PIP, uninsured and underinsured (UIM) coverage can also be purchased through your auto insurance to protect you in case the person who hits you doesn’t have insurance or doesn’t have enough insurance. At a time when the state regulatory authorities estimate that twenty percent of drivers don’t carry any automobile liability insurance – and a majority seem to have only the minimum limits ($30,000.00) – it’s critical that potential victims protect themselves by purchasing UIM coverage.
Like PIP, you have to pick how much UM/UIM coverage you are going to buy. If you buy it, the minimum that you can currently buy is $30,000.00 of insurance. That’s the most common amount, but we also frequently see clients with $50,000.00, $100,000.00, and even $250,000.00 of coverage.
So how does it work?
If the other driver doesn’t have any insurance, then we figure out the value of your claim, and instead of making a claim against the other driver, we just make it against your policy. If you purchased $30,000.00 of uninsured motorist insurance, and your claim is worth $20,000.00, then your insurance company will pay you the $20,000.00.
You typically can’t recover more than the policy limits. For example, imagine a case where the other driver doesn’t have insurance, you bought $30,000.00 of uninsured motorist coverage, and your claim is worth $50,000.00. In that situation, you don’t get compensated for the full $50,000.00. Instead, the insurance company only has to pay the $30,000.00 of coverage.
If the other driver has insurance, but not enough to compensate you for your injuries, then you make claims on both policies. But, your uninsured motorist coverage carrier gets a credit for any amounts paid by the other driver’s insurance. For example, imagine a situation where the other driver has $30,000.00 of coverage, you have $30,000.00 of uninsured motorist coverage, and your claim is worth $50,000.00. In that situation, the other driver’s insurance will pay their $30,000.00 of coverage. Your underinsured motorist insurance will then pay you $20,000.00 (the $50,000.00 value of the claim minus the $30,000.00 paid by the other driver’s insurance).
As I noted above, a large percentage of Texas drivers are uninsured, and most of the drivers who have insurance have only the $30,000.00 minimum policy.
I routinely have to tell clients that I can’t help them recover the compensation they are due and that their families often need to help go forward because there isn’t enough insurance available. Buying enough UM/UIM insurance can help make sure that you and your family aren’t in that situation.
According to statistics from dmv.org, at least 9 people a day are killed as a result of distracted driving. And although we know distracted driving and texting while driving are dangerous, people still do it.
According to the AAA’s survey of teen drivers, 46 percent of the teens text message while driving and 51 percent talk on cell phones while driving. These are frightful statistics. The AAA reports that car and traffic accidents are the leading cause of death for people ages 15 to 20 years old.
Unfortunately, we see these things anecdotally in Austin. It’s now unusual when you drive down Mopac or I35 (the two main north-south arteries in Austin) and you don’t pass young drivers either on the phone or using their phones for e-mail or text messaging.
At least some lawmakers in Texas realize the danger. In 2005, a law was passed banning the use of cell phones while driving for the first six months after teens get a driver’s license. But, really, who enforces that law? It’s not going to be law enforcement officials. It’s up to parents to police their teens (and to set good examples) on these driving issues. As a result, we urge all of our clients and readers to take this information and talk to their teens about the dangers of driving while distracted so that “our” kids don’t end up one of the statistics.
While the accident may have been minor and the injuries not seem immediately serious, even minor injuries can morph into something far more serious over time. A couple of examples are whiplash and internal organ damage.
While many immediately experience whiplash symptoms, you may not develop whiplash symptoms for a few days or even weeks. The danger in just looking at immediate symptoms is that you settle early with the insurance company, giving up your claims before you know the true extent of your injuries. Another example of delayed symptoms is internal organ damage, which can show up later as well, particularly if there is deep bruising, torn muscles, or even a slight rupture in a major organ. Not every injury manifests in its final form in the immediate aftermath of a crash.
It’s more important than ever to speak to a personal injury lawyer about your accident, even if it seems to be minor. They’re trained to probe into every situation to identify whether or not you may have serious health issues, who was at fault for the crash, and what your possible outcome could be should you choose to file a lawsuit.
Talking to an attorney in the world we live in now is virtually a necessity as the economy and big insurance are on the prowl to make more money, pad their bottom line, and try to dismiss or downplay your accident claim. Adjusters know precisely how to twist your words and use an innocent mistake against you – all to minimize what they have to pay out.
While you may not think they would take advantage of you, after all, you’re a paying client with a clean driving record, they can and do go to great lengths to get something to use against you so your claim can be reduced, or denied. There isn’t much an insurance company adjuster won’t do to make sure your claim does not pay out at a deserved rate – given the scope of the injuries and damages. Adjusters have a “less is best” mindset when it comes to paying out on claims.
However, if you discuss your case and its circumstances with an experienced personal injury attorney, you get a clear picture of what your claim can involve, how it could move forward, and what to likely expect in terms of compensation.
While it’s nice that they offered you a settlement for your injuries, insurance companies are noted to hustle to get claimants to settle early and for less than they are entitled to in a settlement or court case. This is because insurance companies are a business and their bottom line is always to “make” money, and payout as little as possible. They are notorious for attempting to use your own words against you and trying to reduce or even deny your claim.
If you attempt to settle with them, you are not going to get a fair settlement and in fact, could be losing thousands of dollars that you may otherwise be entitled to receive. This is another reason to retain a personal injury lawyer. Legal counsel can and does raise the stakes for insurance companies trying to lowball injured plaintiffs.
Never forget that insurance companies are never looking out for “your” best interests. They are looking out for their best interests. This is the case even if the adjuster that calls you sounds reasons and is very caring and concerned about your injuries and how you are doing. Be wary. They are only out to protect their bottom line, not yours. Their business is to collect premiums, increase their revenue each year, and pay out as little as possible.
If you do agree to a settlement they offered, you cannot open the case again if you discover you need further surgeries or that your recovery is going to take longer than expected. Make no mistake, what an insurance company offers you in the way of a settlement means you are giving up your rights to fair compensation – compensation that an experienced personal injury attorney can help you to obtain.
So, if the insurance company representative or adjuster calls you, do not speak to them. Simply give them the name of your attorney. If you do not have one when they call, tell them you are in the process of hiring one and that when one is on board, they are going to return the call.
Never, repeat never, talk about the details of the accident in any way, shape, or form. Keep your opinions and thoughts to yourself and only discuss them with your attorney. Do not allow the adjuster to pressure you into making any comments on the accident or your injuries or your recovery or any previous existing injuries you may have.
If the lawyer for the other party involved in the accident calls, do not have any conversation with them other than to refer them to your attorney. Do not talk about the accident. Do not post anything about it online. Give the caller your attorney’s name and phone number and politely hang up. Once the other side knows you have engaged the services of an attorney they are banned from calling you. That said, it could still happen, so just refuse to speak to them and only speak to “your” personal injury attorney.
There is no specific definition of a catastrophic injury. Generally, we consider an injury to be catastrophic when it upends your whole life. A catastrophic injury prevents an individual from living or working at the same level they once did. The injuries sustained completely alter the course of the survivor’s life, and those effects could last their lifetime.
Some injuries considered to be catastrophic include:
If you or a loved one was injured in an accident caused by the negligence of another individual or caused intentionally by another person, speak to an experienced serious personal injury attorney.
Any accident can cause serious personal injuries. However, some of the most common accidents that can result in catastrophic injuries:
Catastrophic injuries lawsuits are filed under the personal injury umbrella. Filing a catastrophic injury suit is the same as filing any other personal injury lawsuit. However, with most catastrophic injury lawsuits, a plaintiff asks for compensation for a life’s worth of lost wages if it is appropriate.
Many types of accidents can result in personal injuries and those include, but again, are not limited to:
The two most important things to know about Texas personal injury law are the statute of limitations and how negligence plays a role in each case. Negligence is the basis of a personal injury lawsuit, and a companion principle also followed is comparative negligence (also called the shared-fault rule).
Comparative negligence is also called proportionate responsibility, meaning if a plaintiff is partially responsible for causing an injury to another, their share of awarded damages may be reduced.
It is also essential to know that Texas follows the 51-percent bar rule. That means if you are more than 51 percent at fault for an injury, you cannot collect any damages.
In Texas, the statute of limitations for personal injury cases is typically 2 years though there are many exceptions or even provisions requiring action in a much shorter time so contact a personal injury lawyer about your claim as soon as possible.
In Texas, you can recover most of the losses you sustained due to an injury and may be able to obtain compensation for past and future loss of earning capacity, disfigurement, medical costs, physical limitations, physical pain, and mental anguish. Be aware that in any accident there are various state and federal laws in place that may be applicable. Make sure you file your claim before the deadline has passed or you are barred from recovery. Check in with a personal injury lawyer to understand the deadlines, find out what your legal rights are and how to file a lawsuit if that is what you wish to do.
The damages you may be eligible for depend on several factors. Each case is different and each one needs to be assessed on the facts of that case alone. There is no one size fits all to determining compensation for various injuries.
Your personal injury attorney determines roughly what you may be eligible for by reviewing the facts of your case. Damages that may be awarded for the past and present costs for permanent disabilities that affect your daily life, any long-term and permanent disfigurement, such as amputations or severe scarring, short or long-term physical pain, emotional or mental suffering, income lost from your job, which includes any possible reduction in your ability to continue to perform the job to the fullest, and medical expenses.
Catastrophic injuries may be caused as a result of any type of physical trauma. There are, however, certain types of accidents that tend to result in these types of injuries more often. Some examples of the types of accidents that may cause such injuries include:
The type of compensation that may be sought in each case is individual to each case and thus there is no set category or amount a plaintiff is eligible to receive. The severity of a plaintiff’s injuries, what type of insurance is in play at the time of the accident and what actions the defendant and plaintiff made prior to the accident are all factored into determining the kind and amount of compensation awarded.
In general, a plaintiff may receive compensation for:
In order to get a general idea of what costs you may be able to recover by filing a claim, an attorney is usually able to predict a rough amount based on the strength of the plaintiff’s case. In some instances factors independent of the accident may make a difference in the outcome of your case. Your attorney discusses those with you when you go for a first, free consultation.
In Texas, the statute of limitations for filing a person injury claim is 2 years from the date the injury happened. If you do not file a lawsuit before that date, you lose any right to file a legal action. That said, there are many exceptions to the deadline. In some cases, you must present a claim within a few months of the event. It is critical that you talk to a personal injury lawyer as soon as possible so you do not miss those dates.
Contact a lawyer even if you think you have missed the statute of limitations. In some cases, lawyers are able to use legal strategies and arguments to extend the limitations period so that you may still be able to bring your claim.
A serious personal injury can drastically alter your life and cause great physical, mental, and emotional trauma. A serious personal injury is also referred to as a catastrophic injury. Catastrophic injuries may include, but not be limited to:
Not all personal injury cases are catastrophic. Whether we can pursue a personal injury case depends in part on the conduct involved. The key element in personal injury cases is the presence of negligence. Personal injury accidents can include:
A personal injury lawyer is an individual who helps someone who has been injured in an accident due to the negligence of another, to recover compensation for their injuries and property damage. A personal injury lawyer should have a great deal of experience in handling such claims.
Personal injury claims happen when one person is injured due to the negligence of another person or entity. Examples of personal injury accidents include:
If you or someone you love was injured in an accident that was not their fault, then you should reach out to a skilled personal injury attorney. The initial consultation with a personal injury attorney at Schuelke Law is free.
When someone is involved in an accident, they may not survive their injuries, which means the personal injury case then becomes a wrongful death claim. For this reason, it is vital that you contact an attorney right away.
Personal injury accidents can get complicated. Do not communicate with the insurance companies, including engaging in settlement negotiations and possible lawsuits alone. Speak to a qualified personal injury attorney so they can get you the compensation you deserve.
At Schuelke Law, we handle several different kinds of cases, all of which are classified as personal injury accidents. That includes car accidents, truck accidents, wrongful death, brain injuries, and dog attacks.
A personal injury claim comes about when someone has been injured due to the negligence of another person or entity. Personal injuries can involve bites, broken limbs, amputations, burns, and a variety of other wounds varying from traumatic brain injury to paralysis. A serious personal injury can also result in death, which would then involve a wrongful death claim.
It is important to know that every case a personal injury lawyer handles is different. While the details may sound similar, the outcome varies from case to case. Additionally, every state has its own set of rules, regulations, statutes, and laws to deal with personal injury accidents. And while each accident involves an injury or several injuries, these wounds affect each person differently and impact their lives differently.
Your personal injury attorney has deep experience in personal injury and negligence cases and knows what your legal rights are. You may be entitled to compensation and a personal injury attorney knows how to evaluate your injuries and take your case to a settlement or trial.
If you get hurt in an accident, immediately seek medical care and get your injuries assessed and treated. Try to get names, addresses, and other contact information from those involved in your accident, or from those who may have observed your accident, and provide that information to your personal injury attorney.
If you can get pictures of the accident scene, do so. If you can get pictures of your injuries before and after the crash, take as many as possible. Keep all medical bills. Write your experience down in your own words. Get a traffic accident report from the police.
Video what you can, particularly the accident scene and where the vehicles involved in a collision came to rest. If your accident was a slip and fall, still get pictures of the location and anything else that your personal injury attorney may need. Make it a point to connect with an experienced personal injury attorney to find out what your legal rights are, what options are open to you, what you may expect as an outcome, and what your attorney needs from you to assist in building a successful lawsuit. Do not wait to connect with an attorney, as the first few days after an accident are crucial when it comes to collecting information, pictures, documents, medical information, and eyewitness testimony.
Unless you have a deep knowledge of the law, the rules, regulations, statutes, and other legal experience in taking a case to court, you are not going to be able to represent yourself in a personal injury case. To do so could mean losing the case, receiving much less than your case could have been worth if handled properly, and once your case is done, it is done. You cannot revisit a loss.
The first consultation with a personal injury attorney about an accident or death is free and you can ask all the questions you need to ask to find out what is likely to happen when you move forward to file a personal injury case.
The first thing that is critically important is proving that there was negligence and that the negligence resulted in an accident. An attorney works to show that the defendant acted without reasonable care and because they did, the plaintiff was injured. This addresses the four elements that need to be proven to win a case. Those elements are:
In Texas, a lawyer can prove the defendant had a legal duty toward the plaintiff in two ways, special duty and duty of care. Your attorney may discuss that with you when you go over the details of your case. The circumstances of the case and the personal relationship, if any, the plaintiff had with the defendant lays the foundation for a case.
Proving a duty was contravened means showing the defendants did not meet that legal duty and showing how they failed to do so. Proving the plaintiff’s injuries means showing emotional and/or bodily harm. Emotional harm is difficult to prove, but skilled attorneys know full well the emotional toll of an accident on a plaintiff.
Once a plaintiff proves that there was a duty, the plaintiff must then prove how the defendant violated that duty. That is typically shown by proving: (1) that the defendant took an action that an ordinarily prudent person would not have done; or (2) the defendant failed to take an affirmative action that an ordinarily prudent person would have taken.
Once the plaintiff shows that the defendant violated the duty, the plaintiff must show that the violation of that duty caused harm or injury to the plaintiff.
Under no circumstances should you discuss your accident with an insurance company representative. If they contact you, refer them to your attorney and leave it at that. They should never call you directly but are adept at getting a claimant to settle early under pressure from the company. If you do not have an attorney when they call you, say you are in the process of hiring one and have nothing to say to them. Let them know the attorney is going to handle your case and call them.
Do not discuss the accident, your injuries, your past accidents or other injuries you may have had, or any other insurance claims you may have had. Do not post anything on social media. Do not post pictures of your accident or comment on it in any way. Do not continue the conversation with the other side’s insurance company once you have stated you have or are hiring an attorney.
If you do not have an attorney, reach out to Schuelke Law for your free initial consultation and case evaluation. During this appointment, you can freely discuss your accident. Your attorney will evaluate the situation and tell you if you have a legitimate case. From there, you can discuss how to proceed.
While there is a possibility of the case going to court, many settle out of court. Approximately 2 percent of all personal injury cases end up going to trial. Each case is different. While some may settle quickly, others can take a long time to reach an equitable conclusion. Your attorney will keep you up to date on all information as it arises.
Proportionate responsibility means that if the plaintiff is at fault for most damages, they may not recover any damages in their case. If a plaintiff is partially at fault, their damages are reduced by the percentage of fault attributed to them.
Catastrophic injuries are permanent, and survivors may deal with the following for the rest of their lives:
Treatment for catastrophic injuries is varied. However, the course of treatment depends on the nature and severity of your injuries. You may face a variety of interventional treatments, including emergency medical care to stave off the injury worsening, operations, various medications, physical therapy and rehabilitation to help restore or retain mobility, and skin grafts.
Special damages are those that are relatively easy to calculate and often have a dollar amount attached to them. Special damages are the easier, more straightforward side of compensatory damages.
Special damages can include medical bills, because they offer a firm dollar amount. Lost income can also be classified as special damages, as it can easily be calculated, as can out-of-pocket expenses, property damages and property loss. Put another way, special damages are easily figured out without too much debate.
General damages are typically more subjective and not always easy to quantify and include:
There are several methods of calculating general damages. One is the multiplier method that figures out general damages by multiplying the total of the special damages by a number that depends on how serious the plaintiff’s injuries happen to be.
Other cases may use a per diem calculation that attaches a dollar value to every day the victim/plaintiff suffered and then add the value of the days together. Courts have even been known to use a mix of both methods to calculate damages. If the injuries sustained are serious, general damages tend to be higher. If the injuries are considered to be minor, the damages tend to be lower.
Some personal injury claims have a significant impact on plaintiffs. The definition of a catastrophic injury, is one where the consequences are that the person is permanently injured and can no longer work or maintain a job. Catastrophic physical injuries affect victims on many levels, including emotional, psychological and physical. They also are noted for enormous medical bills. While some victims may be able to retrain to perform another job, a large number have severe cognitive and/or physical impairments preventing them from working.
Common types of catastrophic injuries include, but are not limited to the following:
It is important to focus first and foremost on your medical care and healing. However, if your accident was the direct result of someone else’s negligence, you need a personal injury attorney to help you file your claim. Negligence that caused an accident and resulted in injuries can typically be dealt with via a settlement conference with the insurer or if that process does not resolve your case and provide a settlement, then the case may be taken to trial.
Do not attempt to file your own claim or deal with any insurance companies. They are not your friend and their first objective is to reduce your claim and try to get you to settle for less than what you are likely to get in a settlement if you have legal counsel or at trial.
The short answer here is, “Yes, hire an experienced personal injury attorney” because it protects you and your legal rights and can result in obtaining fair and equitable compensation for any injuries and damages incurred in a collision or another type of accident.
You need to consider hiring skilled counsel because you cannot pursue a claim on your own for damages and come out with a just amount of compensation. Unless you have an experienced car accident attorney, the insurance company is going to ride roughshod over you to get you to settle quickly and for a low amount.
There are several things that can happen if you do not have an experienced personal injury lawyer. First, the insurance company may try to quickly settle your claim by paying an unreasonably low amount before you understand how fully you are hurt. If you settle at that point, you are giving up your rights to make future claims once you understand how badly you’re hurt. And under Texas law, even an agreement over the phone can be enforceable, and you can give up your rights that way. Second, insurance companies may want to just delay your claim. The longer they hold onto your money, the longer they have it invested and the more investment income they earn off of your money. Finally, if you don’t have an experienced personal injury lawyer, you don’t have the threat to file suit and taking them to a jury trial. That is the ultimate bargaining power, and without an experienced personal injury lawyer, you don’t have that power.
In the wake of a crash, insurance company lawyers and claims adjusters are already gathering evidence to use against you. They want to shift the liability to anyone else they can. An experienced personal injury lawyer can help you gather that information on your behalf and can help you avoid making mistakes that might hurt the liability assessment or the claim about your damages.
At Schuelke Law, we understand how frightening an accident is and what it’s like to try to pull the pieces of your life back together. We’re here to help you every step of the way. Call us today for a free legal consultation.
An insurance company is not looking out for your best interests. They are looking out for theirs and accordingly, they work to reduce your claim as much as possible, if not deny it. They may sound and act like they are on your side and are going to help you by settling the case early and quickly, but they are not protecting your interests. In fact, many companies engage in a tactic we call “swoop and settle” to come in and settle with injured persons for a small amount very early on before the person knows how bad they are hurt or otherwise knows their rights.
Insurance companies make money from people paying premiums. This builds up the company profits and encourages them to pay you, the personal injury victim, as little as possible to protect their profits. If they do convince you to settle, you are likely giving up your rights to fair compensation, because once you sign on the dotted settlement line, you cannot ever reopen your claim. This is one of the major reasons why it is best to have a personal injury attorney speak on your behalf while dealing with the insurance company.
If the insurance company calls you, do not speak to them. Just refer them to your attorney, or if you do not have an attorney when they call, inform them that you are in the process of hiring one and that the attorney is going to return their call. Do not discuss the accident at all. Refuse to talk about it and do not respond to questions about it. It is your lawyer’s job to protect your rights. Speak only to your lawyer.
Yes, it is a criminal matter. However, it can also be a civil matter, and therefore a personal injury. Criminal cases are controlled by the government (the district attorney or the county attorney), and they seek to punish the drunk driver for the drunk driver’s illegal conduct. There, the goal is to seek jail time or some other form of punishment for the drunk driver. In a criminal case, the prosecutor has to meet a higher burden of proof than is required in a civil case.
Civil lawsuits, also referred to as personal injury lawsuits, are different from criminal cases because the goal of a civil case is to compensate the victim for the losses the drunk driver caused. In your situation, the wrongful death of your wife as a result of a criminally negligent driver would mean you could file a wrongful death lawsuit (which is a type of personal injury case). In most cases, the district or county attorney will prosecute the criminal case, but you will need a personal injury lawyer to get your full compensation for your losses. The cases can go on at the same time, but sometimes, the criminal prosecutor will not release all their evidence — even to the victim – until their case is over.
It is important to note that every state does not have the same laws relating to wrongful death. Most notably, each state provides a plaintiff differing lengths of time to file a wrongful death lawsuit, in addition to differences in the type of compensation the state may permit the plaintiff to recover.
If you wish to recover compensation in Texas for the loss of a loved one, you usually have two years to file a wrongful death claim, usually starting the day of the wreck. However, because there are some circumstances where this time limit is even shorter, it’s important to contact a personal injury lawyer right away. Note: the date of the family member’s death may not be the same day they were involved in an accident. They may have died from their injuries days or months later.
In the Lone Star state, some wrongful death lawsuits allow for the recovery of “exemplary or punitive damages”. Your attorney is the best person to advise you on what you may expect should you choose to file a wrongful lawsuit, as each case is different
Yes, you are entitled to compensation for your injuries. Serious injuries can result in a permanent loss of wages. You are entitled to recover for those damages. You may also be able to recover the following damages, depending on the facts of the case:
In a personal injury lawsuit, there are some caps or limits on how much damages a survivor can recover. Caps typically apply to economic damages (wages) or non-economic damages (suffering, pain). Caps in Texas are only applied in three types of cases: where government liability is involved, if there is medical malpractice, and in some lawsuits involving punitive/exemplary damages.
Generally, you have two years from the time of the accident to file a claim. It is strongly recommended that you act quickly because many cases have a shorter time limit. Even with the two-year limitation, you still want to act fast because the physical evidence of the accident, witness testimony, and various necessary documentation need to be collected as soon as possible in the aftermath of the collision. This helps to create a foundation for your case.
Yes, an attorney can help you obtain compensation for your medical bills and other losses. Sustaining personal injuries is frightening, particularly when you do not know how you are going to get all your bills paid or even recover well enough to return to work. A personal injury attorney can handle all manner of injuries that you may have received, whether it was the result of a car, truck, motorcycle, or other accident. Do not wait to contact a personal injury attorney after an accident, or you may miss filing a claim within the time frame allocated for filing personal injury claims. In Texas, a claim must be filed no later than two years after the day the cause of action accrues.
There is no need to worry about payment while you are recovering from a personal injury. We take cases on a contingency fee basis. This means you never pay a fee until your case is successful. This also means you are not expected to pay our legal fees up-front or out of your own pocket. On the other hand, if your case is not successful, you do not pay anything.
There is no set answer or time frame when it comes to catastrophic injury cases. Each case and each set of injuries is unique and have their own timeline. It can take months to years to reach a conclusion or settlement. Such injuries may involve surgery, extensive healing, setbacks, and/or rehabilitation. Therefore, cases like these are often long and complex. Serious injury cases take time, but they tend to result in greater compensation. Contact Schuelke Law for more information.
What many people do not realize is that attorneys work on a contingency basis. That means you do not pay for your attorney’s representation unless you win your case. The fee for your attorney’s services is usually a percentage of the recovery.
Do not hesitate to contact an attorney after your accident. You should not go up against insurance companies and the other party’s lawyer alone. Keep in mind that insurance companies would rather you settle early and fast for less. Once you settle with an insurance company, the door is closed to obtaining any further compensation if you find out later.
There is no hard and fast timeline for getting a case settled. It depends on a number of factors, not the least of which is how serious your injuries are, whether or not the attorney is able to get all the information they need to prove negligence of the other party, determining liability for the accident, and the amount and type of damage incurred as a result of the accident.
The process of mounting a solid case to obtain compensation involves many aspects, such as evidence gathering, collecting testimonies, interviewing eyewitnesses, obtaining police reports or other reports relevant to the accident, and sorting out whose insurance is in play. In other words, it takes time to build a good case that will fight for compensation for your injuries.
Victims should avoid dealing with insurance companies. If a victim has just sustained a life-altering injury, they need to have an experienced attorney speak for them and control the narrative moving forward. Insurance companies are looking to reduce, diminish, or deny claims – no matter how serious the claim may be.
It is critical that you do not sign any forms handed to you by anyone right after an accident. If this happens, it could seriously limit your ability to get the fair and equitable compensation you deserve. In general, insurance companies have a set amount of compensation they are willing to offer you, whether it is a very bad accident or not. In most, if not all, cases, the offers brought forward are too low to cover costs.
Insurance companies that have to deal with attorneys tend to make much better offers, and the victims receive much higher compensation.
A plaintiff’s goal in filing a wrongful death lawsuit or a personal injury claim is to provide the survivor, or the family members of a deceased loved one, compensation to ensure they are not forced into carrying the economic penalties of a defendant’s negligence.
This would include damages for lost income, medical costs, funeral and burial expenses, and non-economic damages such as loss of enjoyment of life, pain, and suffering, and emotional anguish. Exemplary damages, also referred to as punitive damages, may be possible depending on the circumstances of the case.
To win a personal injury case, the legal standard in Texas is “by a preponderance of the evidence.” The negligence case must then show five elements that existed in the case.
The five elements of negligence in Texas can be laid out in the following manner:
This area of the law can be confusing, and each case is different. This is why if you were involved in an accident, it is best to discuss the case with an experienced personal injury or wrongful death attorney. The circumstances of a case can make an enormous difference in the outcome.
It is difficult to know if you have a claim unless you speak with an attorney. Only an experienced personal injury attorney can evaluate your claim, assess what happened, the injuries, and the possibility of filing a claim.
There are many factors to consider. For instance, was there negligence involved, how serious are your injuries, have you had to take time off work, can you return to work but in a reduced earning capacity, are your injuries going to require surgery or perhaps long-term care? These factors determine whether you can file for compensation for your injuries.
Filing a claim does not involve knowing how much the claim is worth. Each case is different. Every injury is different. Healing for each person is different. The outcome of every accident is also different. There is no way to determine a specific amount you may receive.
For example, you may be entitled to compensation for lost wages, short-term medical costs, emotional anguish, long-term medical expenses, and pain and suffering. You could also be awarded punitive damages should your case go to court. A personal injury attorney can evaluate your claim and estimate what you may be entitled to. The outcome may be something entirely different.
Insurance companies are typically involved in personal injury accidents, and they may offer an early settlement. Our best advice is not to accept an early settlement, as the insurance company is never looking out for your best interests. They are looking out for their bottom line. They may offer a settlement much lower than what your claim is worth, hoping that you’ll take the amount before you talk to a lawyer and know your rights. No matter how kind and sympathetic they may sound, they would rather not pay out on claims if they can help it. Accepting an early settlement from an insurance company may mean you have given up your rights to fair and equitable compensation for your injuries.
To get a fair settlement from an insurance company, hire an experienced personal injury lawyer. Your lawyer deals with the insurance company and works to ensure you receive the proper compensation.
One of the most important reasons for contacting a personal injury lawyer as soon as possible following an accident is that insurance adjusters immediately send out investigators to determine fault. Insurance companies want to act quickly because they want to find evidence that can deny the victim coverage or substantially reduce a claim. Therefore, you need an experienced personal injury lawyer to speak on your behalf. Statistics show that injury accident victims tend to get better settlements when they are working with an attorney.
You can file a personal injury claim if you were partially at fault. This is because Texas follows the doctrine of comparative negligence, otherwise called proportionate responsibility. This means compensation is available for a driver in proportion to their responsibility for their accident. An example would be if it is determined that you were 20 percent responsible for the accident, and the claim is potential $200,000, then you would be entitled to receive 80 percent of the value of the case, or $160,000.00.
Later, you may also find that the driver that collided with you does not have any insurance. The law mandates that all drivers have a minimum amount of car insurance. However, the reality is that not everyone follows the law, and you may find yourself in a difficult situation if the person who hit you is not insured.
You may be able to seek restitution via your insurance company if you have uninsured motorist coverage. If your policy does not include that provision, you may still be able to file a lawsuit, presuming the at-fault driver has funds to pay out on the claim.
There is a high percentage of uninsured drivers in Texas (one in five), so it is best if you carry uninsured motorist coverage from your insurance company at limits you are comfortable with. This helps avoid paying for damages caused by someone else.
This is one of the reasons it is an excellent decision to speak to an experienced car accident attorney to see what options are available to you. Personal injury attorneys deal with accidents all the time, deal with insurance companies even more often and know what to do to take a case to trial if necessary. We deal with accidents daily, and we understand how to obtain fair and equitable restitution for your injuries.
If there were minor damage and no injuries, you may be able to deal with the insurance company on your own. Be aware that insurance companies aim to protect their bottom line to make money, not spend it on claims. To that end, they attempt to reduce or deny your claim if they can. That means you would not likely get the settlement that you deserve. An experienced personal injury lawyer is trained in negotiating with insurance companies to get you the compensation you deserve. Only an experienced personal injury attorney can effectively evaluate your claim and assess what it may be worth, according to the severity of your injuries and other details of your collision.
Several factors are considered to determine if a plaintiff has a personal injury case, such as was the other party negligent in some way? Did you sustain serious injuries? Are you going to lose your job or be off work for a long time? Did you lose wages or is your earning capacity going to be reduced?
Texas statutes govern many aspects of a personal injury claim and without involving a skilled personal injury attorney, you may not be able to proceed with your claim and recover the compensation equal with the damages and injuries.
Yes, filing and pursuing a catastrophic injury case is different from other kinds of personal injury cases. First, the impact on the victim’s life is more severe and involves much higher damages. This is due to the serious and ongoing nature of such injuries and the necessary medical and recovery care.
Second, verdicts are generally higher in catastrophic injury cases. Higher compensation for medical, emotional, and property injury and damages is necessary for a speedy recovery. Furthermore, catastrophic injuries often result in lifelong complications requiring lifelong compensation.