Q: What should I do after my accident?
Here are a few suggestions of things that you should do immediately after your accident.
Write down the contact information (including names, addresses, and telephone numbers) of everyone involved in the accident and any witnesses who saw what happened. After contacting the insurance company, write down the name, address, and telephone number of the insurance adjuster and the claim number assigned to your claim. Take notes of every conversation you have with the insurance adjuster (They are taking notes of every conversation they have with you! ). Be VERY careful when you describe your injuries to your doctors and the adjuster. Be sure to provide both a complete list of all body parts that are in pain. It is common for complaints of pain to increase over time from minor to serious. If you did not tell your doctor of that minor pain that now requires medical attention several months later, you are giving a gift to the insurance adjuster. Follow your doctors’ advice. If you need to take time off from work due to your pain, make sure that your employer documents your leave and return to work as soon as you are able to do so.
Q: What is the penalty for leaving the scene of the accident and not reporting it to the police?
In Texas, all accidents involving damages of $1,000.00 or more, and/or causing death or injury to a person, including himself, must be reported to the Department of Motor Vehicles using a form called a CR-2. This form is available on our website. Also, if you are involved in an accident, you must check with everyone involved to make sure they are not injured. If anyone is injured, then the police must be notified. However, even if nobody is feeling injured at the moment, it is generally a good idea to notify the police, particularly when there is serious property damage to the vehicles or there is any question about who is responsible for causing the auto accident. If you fail to report an injury accident to the police and leave the scene, you may face criminal charges for hit-and-run and may be sentenced to jail or subject to a fine. Let Us Evaluate Your Claim. Call us to schedule a free consultation.
Q: I was just involved in an accident and am hurt. I want to see a doctor but I’m worried about who will pay for my medical care. Does the insurance company pay the bill? If they do, when does it get paid?
Ultimately, the person at fault pays for your medical bills. They are responsible, so they will pay either personally or through their insurance company. The problem is that they won’t pay until the case is settled or after trial when they will pay a single lump sum to you for all your damages. Until then, though, how do your bills get paid. First, if you have health insurance, you should send your bills to your health insurer for payment. Another option is to submit the bills to your car insurance company for payment under your medical payment benefit coverage. If you do not have health insurance or medical payment benefits to pay for your medical care, your doctor may take a lien against the proceeds of your settlement in order to pay his bill. Under this agreement, he’ll wait to get paid until your case settles. Because there are a variety of payment options, and each can have a consequence with respect to your accident injury case, it is important to speak to an experienced personal injury accident attorney for specific advice for your case. The lawyers at our firm are available to consult with you and provide clear advice regarding your serious injury.
Q: What is my accident case worth
While this question may seem very simple, the answer and calculation are actually very complicated. The bottom line is that there is no simple formula or process to predict the amount of money that an injury accident case may be worth. However, in a nutshell, an injury accident victim is entitled to compensation to pay for all medical care (both past treatment and future treatment that is reasonably anticipated) caused by the accident, loss of past earnings, loss of future earning capacity, and general damages (typically referred to as “pain and suffering” damages). The largest factor in determining the value of an injury accident case is the cost, extent, and length of medical treatment. Not only are the medical bills subject to reimbursement through a settlement or judgment, but they are the primary measure used by insurance companies and jurors to award general damages. The best way to get a range of what your injury accident case may be worth is to talk to an experienced, knowledgeable attorney–one who only represents injury accident victims–at our law firm by contacting us via this website or calling us toll-free. Injured in an Accident? Tell us about your case.
Q: Are there any mistakes I could make that would destroy my accident injury claim?
Absolutely. Many clients make one or even several mistakes early on after their accident which could jeopardize their claim and give unneeded ammunition to the insurance adjuster. Unfortunately, most of these mistakes are made before hiring a lawyer–a lawyer who would advise them not to make these mistakes. Here are a few examples of things that you should absolutely NOT do after an injury accident.
Do not agree to an audiotape recording of your conversation with the insurance adjuster (No, you do not have an obligation to agree to the recording). Do not discuss anything but the basic facts of the accident with the adjuster such as the date and time that the accident occurred, where it occurred, and what happened. Adjusters will often try to engage you in informal conversation to find out details about your work history, income, schedule, and social security number. None of this information must be turned over to the insurance adjuster. Do not agree to anything. Do not sign anything, including a medical authorization to get all medical history about you–including things that are not related at all to your accident injuries. Do not answer any questions about your family. This is completely irrelevant. Do not identify any witnesses. You are not under an obligation to do so. Do not give the adjuster the name of your doctor. You are not under an obligation to do so.
Q: Do I need you to represent me after my injury accident?
Not always. Generally, the more complex the injury and the more extensive your medical care is, the more an attorney will be able to add value to your claim. If your injury is minor or resolves within a day or two, and you do not seek medical treatment, you would be better off settling the case yourself. As a general rule, our law firm does not represent every injury accident victim–even if they ask. By being selective about the cases and clients we work with, we can devote more time and energy to our client’s cases. If your claim does not meet our selection standards, you may be better off handling your claim without an attorney.
Q: What about my car? Who should pay to get my car fixed after my car accident?
Generally, the insurance company for the driver who caused the car accident will pay to fix your damaged car. However, this may drag out and the insurance company might not be as helpful as you would like. In that case, you might want to contact your own insurance company and have them work to fix your car. The downside is that you will need to pay your deductible, but your insurance company will help you recover the deductible from the other insurance company.
Q: How much is it going to cost for a consultation?
Nothing, there is no charge for the consultation when the case is one of personal injury. The case will be handled on a contingency basis, with the attorney being paid from the recovery.
Q: What Should I bring with me to my appointment?
Please bring the following:
The police accident report and information regarding the other party and passengers involved.
Medical expenses and evidence of other expenses
Insurance policies (including your own, regardless of whether you were driving or whether it was your own car)
Q: Are there any other costs or expenses involved with this type of case?
Yes. Typically, the primary expenses associated with a personal injury case are litigation costs, fees for medical reports and records, and charges made by experts. The firm pays these expenses upfront and these are repaid with your recovery.
Q: If you take my case, what will I have to do?
If you hire us to be your lawyers, you will be a significant part of your case team. We will ask you to help us gather the information that we will use to support your case. Just as we will keep you informed about your case, you will need to keep us informed about your medical treatment and your physical limitations. After we file the lawsuit, you will have to answer written questions called interrogatories and sit for a question-and-answer period with the opposing lawyer called a “deposition. ” (Of course, we’ll prepare you first, find a time that is convenient for you, and sit next to you during the deposition). You may have to be evaluated by other doctors. If your case does not settle, you will have to be present for the trial.
Q: How long will it take?
Even though many cases settle before trial, this does not usually happen until both sides have prepared the case. Generally, lawsuits take about two years from filing to trial. This can vary significantly in either direction based on the complexity of your case, the congestion of court dockets, and other factors. Our advice to our clients? Be patient. We are always willing to tell you exactly what is happening with your case. In the meantime, you have to trust that we are working hard for you.
Q: What do insurance companies and potential defendants want?
Insurers want your premiums but not your claims. Insurers want valid lawsuits against them to never be pursued and so they fill public opinion with mistruths about our legal system and “too many frivolous lawsuits. ” Insurers hope that you will think that you’re in good hands with their insurance claims adjuster. Insurance companies want all jurors to think the plaintiff (person filing suit) is a sham, dishonest and insincere. Insurers want jury verdicts to award far less damages than what is fair, and just in case a jury awards what is fair, they want caps on damages to minimize how much justice you can get.
Have more questions about your case? Call us toll-free to schedule a free consultation.
If you find yourself in a situation where you feel you must acquire a lawyer to help settle a personal injury matter, it would be beneficial for you to first become familiar with the process of filing for personal injury claims as well as what kind of fees personal injury lawyers charge. Most people are not familiar enough with the terminology used by lawyers when it comes to their services and fees which often causes misconceptions or misunderstandings in the lawyer/client relationship. This can readily be avoided if both attorney and client have more clear and open communications concerning this matter before an attorney accepts a case.
One aspect of personal injury claims that people have a misunderstanding about is the significance of the lawyer’s contingency fee. In brief, a contingency fee is a payment an attorney expects to receive for his services in representing your personal injury case. This payment may be a percentage of the amount of gross or net funds you receive from your claim, depending on whatever terms were agreed upon when you hired his services. If the terms you agreed to stated he would receive a percentage of the gross funds, this means a percentage of the total funds received for your settlement, before deducting the cost of medical bills and/or other expenses.
What is the proper contingency fee for personal injury cases?
Most lawyers will ask for a percentage of your gross settlement and nothing more with no extra charges and no additional hourly fees. However, these are terms you and your lawyer should settle upon before he is hired so there are no misunderstandings of your specific arrangements. You can check within your state to see if there is a fixed contingency fee by law, but otherwise, most fees are negotiated between client and attorney ahead of time, and these can be anywhere between 25 45% of the gross settlement. On average 33% of the gross settlement seems to be what most personal injury lawyers charge.
A few factors you may want to consider when negotiating a fee is the lawyer’s range of experience and expertise. Choosing a more experienced attorney with a greater track record, even though he may charge higher, maybe in your best interest in the long run as he may be able to procure a greater settlement. In other words, a more capable and astute lawyer who knows his stuff can actually increase your chances of obtaining better success in your case than hiring a mediocre counterpart for a lesser fee. This is something you should take into consideration when making your decision.
You may wonder whether hiring a lawyer by the hour would be more advantageous rather than paying high contingency fees. When you choose to hire a lawyer and pay by the hour, these funds come directly from your own pocket, regardless of whether you win or lose the case. When opting to pay by contingency fee, the lawyer receives a percentage of your winnings if you lose there is no payment. Therefore, the better deal is going with the contingency fee.
The question of what is a subordination claim as it pertains to medical malpractice lawsuits is complicated. First, a person has to be injured through the action of a medical practitioner or facility or have a loved one who was killed due to the negligence of one of these parties. Second, the injured party has to sue. The people named in the lawsuit may subordinate their claims for an easier, streamlined defense.
Every patient deserves a certain level of competency in their medical treatment. There is a standard level of care that is expected to be provided to each and every person. When this care is not received intentionally or by accident, an injury may occur. Each and every person deserves the right to have their symptoms diagnosed and treated, the treatment to be monitored, the correct medication and dosage amounts given, and adequate care provided by the medical profession. If this was not done and serious injury or death occurred, there are legal ramifications. The injured party or the loved one of an injured or deceased party can contact an attorney to see if they have a legal suit against a person, a facility, or both.
An experienced, professional trial attorney who specializes in medical malpractice lawsuits will save this client much time, wasted effort, and obtain a larger settlement because this person has the knowledge to fully understand the problem and what has to be done to be successful in a court of law. This specialist will collect all the information, obtain the necessary documents and depositions and file a lawsuit against the people involved and the facilities. This may include the hospital, a doctor’s clinic, an extended care facility, the doctor, nurses, anesthesiologists, lab technicians, pharmacy, pharmacists, nurses aides, and anyone else involved. Once the suit is filed, each named person and facility will contact their malpractice insurance carrier. Each individual insurance company will review documents and may meet to develop a plan of defense. At that time some of the insurance companies may subordinate their claim, allowing one company to head up and handle the defense. This would allow a more streamlined process and reduce the possibility of fighting between the defendants. These insurance companies may work out a private agreement between themselves on how to handle the cost of litigation, settlement offers, and trial awards.
An experienced trial lawyer will know how to best work with this system of subordinated claims. Many times in these medical malpractice cases the court or jury will divide the responsibility and blame between the different parties and assign a percentage of the total claim to each. To the person bringing the suit, the end result is they get X number of dollars which will be paid by more than one insurance company and/or person. The question: what is a subordination claim as it pertains to medical malpractice lawsuits should really be: how does a subordination claim on a medical malpractice lawsuit affect the patient? The answer is it does not; it is a strategy used by insurance companies to streamline the defense and eliminate infighting between the defendants. A competent trial attorney can handle this with ease.
Choosing a lawyer of any type is always a difficult decision and one that you should research thoroughly before you make your choice. This is particularly important when choosing a personal injury lawyer. This type of lawyer is one that has only become largely used over the last few decades, but is now extremely popular, especially in the United States. In large cities, there are a great number of such lawyers as there are a plethora of individuals searching for a personal injury lawyer.
If you have been involved in an accident of any type that is not your fault, then you may well be eligible for some sort of claim. Often the amount you are entitled to can be extremely large. The amount will generally depend on the severity of your injuries. The more severe your injury, the higher the payout will be. Sometimes it can be into the millions of dollars. There are a number of law practices that specialize in this type of lawsuit, and thus have years of experience in attaining the maximum amount of compensation for your injuries. One such is our Law Office.
Below are some of our more prominent case specialties:
Automobile accidents are one of the most common claims that are made. For this reason, this is one of the main areas that this practice covers. The key to a successful claim is the speed at which you and your lawyer take action after the accident has occurred. The faster the action is taken, the better chance you have of receiving the maximum claim. The first step is obviously to assess both yourself and any other drivers to see if either of you has any sort of injury. One of the most common mistakes is to assume with a small accident that there has been no injury to either party. This is not always the case and if trauma is spotted further down the line it can be extremely costly to you and the other parties. If injuries are spotted then call 911 immediately. Once the police and paramedics are on sight you can leave everything to them to follow the law to the letter. This eradicates you from any further repercussions.
Our firm also specializes in other injuries such as dog bites, construction accidents, and job injuries. All of these other types of injuries should be dealt with in a similar fashion. Whenever anyone is injured the police should always be notified so that everything can be officially documented from start to finish. By following this procedure you can ensure that when the case comes to court not only are you fully protected but if you are to make a claim against another individual or a company that you have all the relevant data to make a solid case on your behalf.
Call us today to schedule a free consultation.
If you or a loved one has been injured due to an accident, you need the services of our qualified personal injury firm. There are many reputable Texas attorneys to choose from, but when it comes to finding the best personal injury firm, you want to follow a simple process of comparison. You need to know how the firm operates in order to make a smart decision about who will represent you.
First, because there are many specialties of the law, make sure the firm does indeed handle personal injury cases. Next, before you sit down with our attorney, confirm that he or she will meet with you for an initial consultation at no charge. Personal injury lawyers earn their money from a percentage of what you receive when the case gets settled. So avoid firms that charge you for the first interview. Remember that it is a mutual decision as to whether a personal injury firm will take up your case. An administrative assistant or paralegal at the firm will check for any conflicts of interest before you meet with any of their attorneys. If they find that someone on the opposing side has been a previous client, they will have to suggest you look elsewhere.
When you get your interview scheduled, prepare your materials. For your appointment, you will want to have with you all the relevant documents. These can include any written police reports, medical bills and records, and correspondence with insurance companies. If you or the person injured has been unable to work or been put on limited hours following the injury, you will want to show the attorney your notes on lost income. Earlier pay stubs can be helpful in this regard.
Now that the lawyer has a better idea of your case, it is time to ask questions about his or her practice. Find out how long they have been in practice. If they handle other areas of the law, ask about the percentage of personal injury cases they take on. How successful have they been? Do they represent mostly plaintiffs, the people like you who are suing for injuries, or mostly defendants? You want a firm with more experience helping the injured. Although good attorneys strive for fairness, those used to protect the interest of insurance companies may hold an unconscious bias toward them and against plaintiffs such as yourself. Ask whether you will be working with the lawyer who has met with you or if the firm will assign others to handle your case. You can ask to meet them as well. You want to feel you can trust the lawyer or lawyers who are working with you, and perhaps to feel a certain personal rapport with them to make the whole legal journey easier on you and your family.
When it comes time to find the best personal injury firm, start your search based on recommendations from friends and professionals in other fields. Then do a brief amount of homework and you are on your way to getting a settlement that will help make up for your losses.
Slip and Fall Attorneys
Our Law Firm has been successfully representing the people of Texas since 1978 against negligent property owners. Premises liability cases, commonly referred to as slip, trip and fall are very complex and often difficult to prove. Under Texas law, merely owning or occupying land does not make that person liable for injuries sustained on the property. There must be some form of negligence on the
part of the owner or occupier of the property before there can be any liability.
Our Legal Team of experienced attorneys is dedicated to their clients and has committed themselves to getting the best possible results in each and every premises liability case. In every personal injury case, there are significant costs associated with providing the best representation. Our Law Firm has financial resources available and can afford to hire the best experts in the field… at no cost to you. If you have been involved in a slip and fall accident you should consult an attorney immediately. The stress of being involved in an accident is a traumatic experience for all involved. The experienced professionals at our Law Firm will promptly investigate the
accident, determine liability and seek to recover legal damages. If you have suffered injuries while on another person’s property, make sure you document the accident very carefully.
The evidence you gather may be necessary to prove negligence against the property owners or property managers. It is crucial that you take the following actions:
Insist that the owner or manager of a commercial property fills out an accident report documenting the nature of the accident and make sure you are given a signed copy.
Get the names, addresses, and phone numbers of one who may have witnessed the accident.
Gather any evidence such as a broken bottle, wet garbage, etc., that may have contributed to the accident.
Seek medical attention right away and report all your injuries. Even injuries that seem minor at the time can lead to debilitation in the future.
Call an experienced premises liability lawyer immediately.
Our Law Firm will discuss your options at no cost to you.
Never speak to the property owner’s representative about your accident or injuries. Always refer them to your attorney.
If you or someone you know has been injured in a slip and fall accident, contact a qualified Texas Slip & Fall Attorney at our Law Firm right away to learn your legal rights and options. The statute of limitations for Slip & Fall cases can vary depending on the facts of the case, so it’s imperative that you contact one of our personal injury attorneys as quickly as possible. You’ll pay no fees if we don’t obtain a verdict or settlement for you. For a free, confidential, no-obligation consultation, call our office today.
Even though many insurance companies won’t take your soft tissue damage lawsuit seriously, this is a very serious type of injury. It may not cause you to need a wheelchair or daily medical attention for the rest of your life, as other injuries do, but a soft tissue injury can still cause pain for many years.
If you have been involved in an accident and suffered damage to the soft tissue of your back, it’s important to understand what to expect. Fighting the insurance company on your own could lead to a very small settlement or none at all. They don’t take these types of cases seriously and insurance companies only want to pay the minimum. With the help of an attorney for soft tissue damage cases, you can gain full compensation for the injuries you have suffered. It’s hard to put an exact number on what the average settlement is because these cases vary quite a bit. Some soft tissue injuries are worse than others are and every case is unique. Many variables can affect the value of the case including the nature of the accident, the actual injuries sustained, the extent of medical treatment necessary, the insurance company of the at-fault party, and many other factors. A skilled accident attorney that handles these types of lawsuits can better advise you on what to expect.
Other variables that can change the value of the case, such as alcohol or drug involvement can also make a difference. If you were hit by a drunk driver, the compensation may be larger than if it was truly an accident. In a drinking and driving case, the at-fault driver is not the only person your attorney can go after. They can also go after the establishment that served the driver, the bartender, and potentially other negligent parties. This can lead to a larger settlement or award.
The best way to value your case is to contact an attorney that handles accident injury lawsuits. They will take into consideration the medical expenses for your injuries, lost wages, and any future treatment or lost wages you may suffer. You may also be entitled to compensation for a decrease in quality of life, depending on the case. Personal injury attorneys have settled soft tissue injury cases for a few thousand dollars all the way up to a few million. There are far too many variables to provide an average amount for these types of cases. You should be aware that states have limited (statutes) for filing your suit. If you have been injured in an accident and you seek financial compensation, it’s better to contact an attorney now, rather than wait. Your attorney will be able to better estimate the potential value of your case and give you an idea of whether your soft tissue damage will result in a large settlement or not. Either way, they will fight for every penny they can possibly get you.
Many things must be considered if you slipped and fell in a parking lot. Before you do anything else, it only makes sense to seek medical treatment for your injuries. Your well-being comes first and you need to call an ambulance, if necessary, or at least go to the hospital. This will help to ensure that any injuries suffered are treated immediately before they become worse. You also need to report the accident to the store manager, property owner, landlord, or whoever is in charge of the property. This should be done as soon as possible and often can be done by a witness or a friend as you wait for an ambulance. If you believe your injuries are quite serious or it’s impossible for you to report the accident, make sure to get medical help first.
If you are capable of collecting any information from potential witnesses, you should. Anybody that saw you fall can help your case later in court and by obtaining the names, addresses, and phone numbers of any witnesses, you will make it much easier for a personal injury attorney to settle your case quickly. The police may arrive on the scene or they may not. Either way, you need to obtain any documented report of the accident. Most property owners (especially businesses) have a report form they must fill out whenever an accident happens. Make sure you get a copy of this report before you leave the scene whenever possible. It can also help your case if you document any conditions that could have caused the accident. If the sidewalk was not in proper order, something was where it shouldn’t have been, ice, snow, or anything else contributed to your accident, you need to make note of this. A great way to do so is with a recorder. Most cell phones have a memo recorder that will allow you to document anything you want by dictating it. If at all possible, obtain a sample of what caused the accident. Make sure to store this properly, for example in a freezer, if necessary. You will also want to place the clothing and shoes you were wearing in a safe place to store. Usually, a large plastic bag works well, and DO NOT wash the clothing. Cell phones also come equipped with cameras, which allow you to take pictures of the scene of the accident. If possible, take pictures of anything and everything you can. Even if you need to return to the scene after receiving medical treatment, pictures will help in the long run.
Once you receive medical treatment, make the phone call or get online to find an attorney for your case. The sooner you contact a personal injury attorney to take your case, the better. Witnesses will struggle to remember the events and conditions of the night if you wait too long and this can hurt your case. Don’t trust that the insurance company will properly compensate you without the help of an attorney. They often try and settle cases for much less than you deserve, but with proper representation, you can receive full compensation for medical bills, lost wages, and any other damages associated with the accident.