Our attorneys Discuss the Birth Injuries Brachial Plexus, Shoulder Dystocia, and Erb’s Palsy
Birth Injuries are a serious medical concern and are these days are becoming all too common. The human birthing process comes with many potential hazards and something as simple as an impatient or overworked obstetrician or delivery team that rushes the procedure can have lifelong and detrimental effects on the child.
When such an event causes a serious injury, Texas laws allow the family of the child to seek financial compensation from the medical professionals responsible for these devastating injuries. Brachial Plexus, Erb’s Palsy, and Shoulder Dystocia are a particular subset of birth injuries that are generally the result of excessive force being put on the child’s body during the actual birthing process. All can cause significant injuries to sensitive nervous and muscle tissue that can range from nominal physical impairment to serious inability to coordinate movements in arms, the neck, and even facial muscles.
All licensed medical professionals are subject to the Texas laws of medical malpractice and medical negligence. In Texas, medical malpractice is a general category that describes any type of medical injury a patient sustains. Birth injuries are one of several types of medical malpractice. They cover injuries or negligent behavior toward both expectant mothers as well as their babies. Birth injuries are usually caused by obstetricians, delivery teams, nurses, hospitals, and intake personnel, but may also include midwives and other birthing professionals.
Birth “defect” cases almost always affect an entire family. But those who are harmed the most are the mother and/or the child. Sometimes a single act may cause a birth injury and also harm the mother. This is one of a large list of reasons why birth injury cases are inherently complex and require highly experienced birth injury attorneys (along with their excellent investigative teams) to properly sort through medical records and all other evidence surrounding the birth (and prenatal care) to identify the negligent parties responsible for injuries sustained by mother and child: leading up to, including and after the birth.
The type of birth injury cases this web page addresses usually surround injuries occurring to the infant at or around the time of birth: to include labor, delivery, or immediately following the child’s birth: most specifically the subsequent diagnoses of Erb’s Palsy brachial plexus and other nerve injuries, shoulder dystocia, and other neurological, skeletal, or muscular injuries that are the result of improper birthing techniques in the delivery room
Often, these types of birth injuries are suspected or identified by medical professionals at the time of birth, but this information is not always shared with the new parents at the time of detection. Medical personnel can fearfully wait to disclose this information usually out of embarrassment or the fear of a lawsuit. This withholding of vital information can delay a diagnosis until the child is old enough to indicate something is wrong when developmental challenges become more evident in the child: even if sometimes the injury can heal itself
Do you suspect a possible birth injury occurred during labor, delivery, or birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. And though these injuries are most-often preventable or more easily treated with timely diagnosis, if left untreated, or without timely treatment, they can be life-altering for you, your child, and devastate your entire family.
Our Law Firm has seen many cases where the afflicted family did not want to sue or litigate against their doctor. Not wanting to litigate a claim did not mean that the family didn’t seek compensation – they preferred a mediated settlement and apologies with the parties responsible for the birth injuries and cerebral palsy. Our Texas birth injury attorneys and medical investigative team prides themselves on providing a variety of options for you and your family. At our Texas Law Office we empathize with the struggles your family must deal with in the wake of medical malpractice that may have been performed on the mother or the child. Contact us for a free consultation. Find out how we can help you and your family win your legal rights and the compensation that will not only compensate you, but also make certain this doesn’t happen to some other unsuspecting mother and her innocent child.
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Brachial Plexus/Shoulder Dystocia Injuries Universally Occur at the Time of Delivery
The brachial plexus is a network of nerves that sends signals from the spinal cord to the shoulder, arm, and hand. Obstetric injuries may occur from mechanical injury involving shoulder dystocia during difficult childbirth when the nerves of the plexus are violently stretched and can lead to dislocation of the shoulder joint. This condition occurs during a particularly difficult or arduous labor and delivery and can manifest itself into several subtly different types dystocia due to many different causes such as abnormal positioning of the baby in the womb during delivery or abnormally large babies or relatively small birth canals; as well as unusual activity in the uterus or womb during delivery.
Dystocia occurs in about 30% of childbirths. In many cases, dystocia requires an “assisted delivery,” either with the use of forceps or with an emergency cesarean-section (c-section), rather than a standard vaginal delivery. No matter the birthing method, serious birth injuries can result, usually affecting this brachial plexus nerve bundle, and damages to these nerves can result in long-term, permanent disability – despite the fact that these injuries are very often entirely preventable by the birthing specialist or team members.
During a difficult birth, a baby’s shoulder may be caught in the birth canal. This often occurs due to the size of the child or birth canal or to abnormal positioning of the baby. Once the shoulder is stuck, the delivery quickly becomes dangerous. The baby is stuck and the pressure of the birth canal puts significant pressure on the umbilical cord, head, and neck, and can result in serious brain injury due to hypoxia. An obstetrician must quickly act, or risk serious brain injury to the infant. In this action, an OB must readjust the baby to get it through the birth canal safely, if possible and if it can be done quickly. This readjustment has its own risks, namely to the brachial plexus nerve bundle in the baby’s shoulder. If the doctor pulls the head and neck away from the stuck shoulder, the brachial plexus nerves are stretched, bruised, torn, or are severed, depending on the amount of force the doctor must use, either with forceps or via c-section because, during the latter procedure, the delivery doctor is literally pulling the baby in the opposite direction of the force of the birth in order to free the baby from its physical duress. Often this occurs with an inexperienced, tired, or otherwise negligent doctor.
Dystocia may be preventable in some instances by using ultrasound to determine whether the baby is at risk because of his or her size, or position within the uterus or the cervix area that connects to the upper vagina. This danger can be connected to a mother’s unusually narrow birth canal. If an ultrasound shows any of these conditions, a C-section is the recommended method of delivery and a traditional vaginal delivery option is immediately discarded. If a doctor does not utilize an ultrasound or proceeds with a vaginal delivery out-of-hand, shoulder dystocia may be evidence of medical malpractice. But most of the time, there is might be evidence of a separate birth injury to the child in addition to the shoulder dystocia that will usually suggest some sort of medical malpractice during the birth.
Our Law Firm has seen many cases where the afflicted family did not want to sue or litigate against their doctor. Not wanting to litigate a claim did not mean that the family didn’t seek compensation – they preferred a mediated settlement and apologies with the parties responsible for the birth injuries and cerebral palsy. Our Texas birth injury attorneys and medical investigative team prides themselves on providing a variety of options for you and your family. At our Texas Law Office we empathize with the struggles your family must deal with in the wake of medical malpractice that may have been performed on the mother or the child. Contact us for a free consultation. Find out how we can help you and your family win your legal rights and the compensation that will not only compensate you, but also make certain this doesn’t happen to some other unsuspecting mother and her innocent child.
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Erb’s Palsy is Usually the Ultimate Diagnosis After Delivery Room Brachial Plexus/Shoulder Dystocia Injuries to an Infant
Erb’s palsy, also referred to as brachial palsy, is a specific type of injury to a nerve bundle known as the brachial plexus. If this nerve bundle is injured during birth, the resulting injury is characterized by a loss of movement in the arm and shoulder with the affected nerves. In cases of Erb’s palsy, the nerve damage is caused by pulling the head away from the neck, a clear mistake on the part of the delivering doctor. Erb’s palsy is severe and has long-term effects. Often, this condition can be directly correlated to dystocia.
This injury is characterized by a significant weakness or loss of movement in the affected arm and shoulder. Because the arm moves minimally, the muscle atrophies, further reducing the strength of the arm and shoulder. With all muscles, the “use it or lose it” rule certainly applies. Newborns with Erb’s Palsy often lack spontaneous movement in the affected arm or shoulder. They often lack the ability to grip anything in the affected hand, and often hold the affected arm tightly to the side flexed in a ninety-degree angle. Observant and diligent medical personnel should notice these symptoms immediately.
The child will never operate that shoulder and arm normally, nor will muscles fully develop in that shoulder and arm, creating a certain amount of lifelong disability. Significant therapy, accommodations, and treatment may ease many symptoms if the injury is not too severe. But in many cases, these injuries and resulting conditions may have been preventable: and are caused by a doctor’s mistake or negligence. And it’s why you and your family will greatly benefit from the services of a Texas/ Texas birth injury medical malpractice attorney.
Our Law Firm has seen many cases where the afflicted family did not want to sue or litigate against their doctor. Not wanting to litigate a claim did not mean that the family didn’t seek compensation – they preferred a mediated settlement and apologies with the parties responsible for the birth injuries and cerebral palsy. Our Texas birth injury attorneys and medical investigative team prides themselves on providing a variety of options for you and your family. At our Texas Law Office we empathize with the struggles your family must deal with in the wake of medical malpractice that may have been performed on the mother or the child. Contact us for a free consultation. Find out how we can help you and your family win your legal rights and the compensation that will not only compensate you, but also make certain this doesn’t happen to some other unsuspecting mother and her innocent child.
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It is a Challenge to Determine if Birth Injury Has Occurred and to Identify the Liable Defendants
Birth injury cases are very complex and usually involve much more sophisticated investigations and strategies to successfully execute. A highly experienced Texas birth injury lawyer, birth injury medical experts, and a full support team are essential to your insurance claim or civil case’s success. This team works together to provide your family with answers and a full range of effective options for the injuries you, your child, and your family have suffered and must endure daily.
Birth injury cases are classified as medical malpractice and medical negligence and have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments arising from that incorrect diagnosis, or other actions. In addition, anyone else who is working in a health-related capacity might have been negligent in the care of the mother or child, and if their negligence resulted in an injury to you or your child might also be liable. Conceivably, even hospital administrators can also be liable, depending on the circumstances. However, determining who was the “proximate cause” of your infant’s birth injury requires expert legal investigators, doctors and medical professionals in your corner to identify with certainty, just whose negligence led to this disaster.
Assessing this negligence can be very difficult, and just as tough to prove. The medical community is very reluctant to point fingers and declare anyone liable for their actions. They circle the wagons and often hide behind its science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm.
It’s also difficult to prove what happened during the labor, and birth of your child. But our medical experts are very experienced at reviewing and interpreting medical records of the mother and child as well as any notes, admissions, or statements made by medical staff or delivery team: whether they’re formal (on-the-record) or informal (off-the-record). The longer a doctor or medical professional waits to diagnose an injury or determine its extent which led to the harm done, the less likely that the evidence of malpractice will exist. And it is a criminal violation to alter medical records. This is why it’s so very important to retain an attorney who specializes in birth injury malpractice as soon as possible. Parents, their attorney, and the legal investigative team must act quickly to preserve as much evidence as possible.
Here’s why: as soon as questions are asked about your pregnancy, the labor stage, the delivery and birth of your child, medical professionals overreact and alert their insurance companies to a possible future lawsuit, even if nothing was inappropriate or wrong. Then the medical malpractice insurance company launches its own investigation, gathering all evidence, from the tiniest details to the largest actions – all with a single goal: to show that any injuries or resulting harms sustained by you or your child were NOT the result of medical malpractice or medical negligence by any medical professional involved at any point through your pregnancy, labor, or delivery.
Our Texas birth injury attorneys and medical investigative team prides themselves on providing a variety of options for you and your family. At our Texas Law Office we empathize with the struggles your family must deal with in the wake of medical malpractice that may have been performed on the mother or the child. Contact us for a free consultation. Find out how we can help you and your family win your legal rights and the compensation that will not only compensate you, but also make certain this doesn’t happen to some other unsuspecting mother and her innocent child.
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Medical Malpractice Insurers, and the rest of the Medical Industrial Complex Work against Your Claim or Case from the Moment They Know Something is Wrong
Here’s why – as soon as questions are asked about the delivery and birth of your child, medical professionals immediately alert their insurance companies of a possible future lawsuit, even if nothing was inappropriate or wrong. Then the insurance company launches its own investigation, gathering all evidence with a single goal: to show that any injuries or resulting harms sustained by you or your child during the delivery were NOT the result of medical malpractice or medical negligence by any healthcare professional who was involved at any point of your pregnancy, labor, or delivery.
Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause a doctor to lose his medical license and causes the insurance company to lose the money that the doctor paid for his or her premiums. So the insurance company – and the excellent defense attorneys who represent them – twist the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family as a result of birth injury medical malpractice.
But that’s just one series of challenges. The other surrounds the fact that Texas has enacted tort reform measures that make medical malpractice cases harder to prove. But even if you and your birth injury attorney prove your case, your monetary recovery amounts are capped: in most cases at $250,000 from any single malpractice defendant, no matter whether a jury believes the amount should be much higher based on the facts of your case. Regardless of whether the court believes you and your family deserve compensation for pain and suffering, disfigurement of you or your child, or emotional turmoil brought on in your family as a result of these injuries, the state decides how much you will receive: not the jury.
However, this is where investigation can come in handy. As often as not, medical malpractice can be the product of several instances of negligence by more than one healthcare professional. So if – for example – our investigation reveals four liable defendants, each might be forced to pay the full capped amount ($250,000) which produces a total damage recovery of $1 million.
This is why you must have an experienced and shrewd birth injury malpractice attorney who can properly investigate, then prove your case against a powerful partnership of medical professionals and their insurance company following a preventable birth injury brought on by medical malpractice.
Our Texas birth injury attorneys and medical investigative team prides themselves on providing a variety of options for you and your family. At our Texas Law Office we empathize with the struggles your family must deal with in the wake of medical malpractice that may have been performed on the mother or the child. Contact us for a free consultation. Find out how we can help you and your family win your legal rights and the compensation that will not only compensate you, but also make certain this doesn’t happen to some other unsuspecting mother and her innocent child.
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Experience Matters in a Birth Injury Case
Generally, in any Texas personal injury civil lawsuit, the statute of limitations for filing a case is two years. But there are a few exceptions that could lengthen those statutes in your favor.
Civil cases in Texas are subject to the “discovery rule” which states that the two years do not begin to run until the time that a reasonably prudent person would have known that they had a cause of action. For example, if the symptoms of malpractice are not evident until several years after the birth, the statute of limitations does not begin until the condition that was caused at birth is actually diagnosed.
Also, in cases where the defendant deliberately concealed their involvement or culpability in performing medical malpractice, the statute may be extended to allow the injured plaintiff (or family in the event of a birthing injury) to pursue civil action against the medical defendant. In some situations, this concealment may be criminal. Or the concealment may have been part of a larger criminal enterprise by the hospital or birthing clinic. When this happens, the defendant may also be subject to criminal charges in addition to civil charges. And when a defendant must answer criminal charges as well, it invariably strengthens that criminal case, even if the defendant is ultimately exonerated in criminal court.
If the malpractice insurance company knows that malpractice has occurred and it’s apparent, they might try and settle with you for a much smaller total amount than the actual worth of your civil case or claim. Because if they can do that, and pay you ten cents on the dollar, once you accept that compensation check and sign that release, you cannot bring suit again for additional payment. This is why it is very important to remember before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer.
Our investigations produce strong cases. And insurance companies will only agree to a just settlement for your legal damages arising from a birth injury malpractice claim if you are represented by an attorney with a history of courtroom success. Insurance companies and their lawyers are eager to take on non-lawyers. But they fear us. When we file a claim, then back it up with evidence from our investigations, the insurance companies often see reason and settle for a fair amount. They want to avoid a trial, especially if they already know that we together have a very solid case. This means that our clients can win a fair settlement; and avoid a protracted and contentious civil trial.
Our Texas birth injury attorneys have over 30 years of experience representing victims of all forms of medical malpractice. Our investigators and medical support team pride themselves on providing the largest number of options for you and your family when your child is the victim of a birthing injury. Our clients are family at our Texas Law Office and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.
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Our Law Firm Wants to Help You Understand What to do After a Car Wreck
If you or a loved one has been involved in a car accident anywhere in Texas, you are probably becoming aware of what you must do in order to be compensated for all of the damages you have suffered due to the negligence of the driver who hit you. And you’re probably finding out that maybe those legal compensation damages won’t come easily to you.
If the car accident is only a minor fender bender in a parking lot, then your concerns are probably minimal so long as no one was hurt. But it can also be a destructive a wreck with disturbing injuries and deep scars: physically and psychologically on you, the unlucky accident victim and maybe your passengers.
Whether your injury accident is a minor one, or more serious, and if the accident is not your fault, you are legally entitled to seek compensation for the financial, physical, and emotional injuries you suffered from it. But it is impossible to even guess, much less compute, the amount you actually may be entitled to because of the damages you must ask for depending on the circumstances that surround the accident itself, and the injures you have suffered from it.
The Texas auto wreck lawyers at our Texas Law Office will share some general information with you that applies to most car accident cases. We also hope to help you understand if you have a valid claim against those who may have caused the accident. We’ll explain how an insurance policy can affect your case. We’ll also make clear the circumstances in which hiring a car accident attorney can greatly benefit the positive outcome of your case. And finally, we will point out the things you should look for when selecting a car accident attorney who can best assist you with fair compensation.
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Do you have a Legal Damage Claim as a result of your Automobile Accident?
Auto accidents are a common occurrence. But how do we know whether or not we have a successful personal injury case against a negligent driver-defendant who should reimburse us for our injuries? Most of the time, an accident victim has a legal right to collect money for his injuries by proving the four elements of an auto accident claim in court. Since all defendants are innocent until proven guilty, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendants who only have to deny and disprove your claim.
There are four elements to proving negligent injuries against a defendant and you must clearly demonstrate your charges are true within these elements. They are presented sequentially and build on the evidence previously proven. These elements are duty, breach, causation, and damages. Below, we’ll briefly discuss each of these four elements so that you will have a better idea of what it will take to prove that you’re entitled to be compensated for the full amount of your legal damages.
Duty
The route to a successful car accident claim begins with your attorney proving that the defendant owed you a duty of care. We all have a duty of care to avoid causing injury to another person. This duty of care is defined by whether a reasonable person, under the same circumstances, could have anticipated that their action or inaction would have caused injury to another person. Sometimes a duty of care is clear. One example of the legal duty required in all drivers is this: At a red light, you must stop because a reasonable person in the same circumstances would be able to see that not stopping at the red light could cause an injury. However, other times the duty can be more difficult to identify because it can depend on mitigating (or unforeseen) circumstances surrounding the accident itself.
Breach
The next step is proving that the defendant actually breached the duty of care that is owed to you. To prove this, you have to clearly show that the defendant acted unreasonably under the circumstances. To prove that the defendant breached a duty of care you and your Texas car accident attorney must present solid evidence to show exactly what the other driver did, or did not do, to cause the accident. A jury will hear this evidence and the other facts of the case to decide whether the defendant’s actions were, or were not, appropriate under the circumstances. Some examples of behavior that might be considered unreasonable breach include driving while under the influence of alcohol or drugs, rolling through stop signs, or driving without headlights in the dark, just to name a few. Of course all of these examples are dependent on the circumstances surrounding the car wreck. If you can prove that the other driver acted unreasonably under the circumstances, you have shown the jury that the defendant breached his duty of care next move on to prove the driver’s negligence.
Did You Know?
Our Texas Texas attorneys have won hundreds of car accident cases. Call us today to discuss your case.
Causation
Once you show that the defendant breached their duty of care, you next must prove causation. This means that the breach by the defendant was the direct cause of the accident that produced your injuries. And the best route is proving negligence. Many times, in order to avoid liability for your injuries, the defendant’s lawyer will work to shift responsibility for the accident to someone else. The defense will try to blame another driver, a pedestrian, or even you in order to get out of paying for your damages. They might claim “unforeseeable circumstances” such as a homeless person stepped in their path and forced them to hit you, or their toddler threw a bottle of apple juice at them which caused the accident, or their headlights suddenly stopped working because of a blown fuse. Maybe it happened, maybe it didn’t. But if the defendant can convince the jury that unforeseen events or a third party caused the accident, he will probably not have to compensate you for your damages. To prove causation (negligence), your evidence must clearly show that the careless driver responsible for the accident and your injuries is liable for legal damages. And this often involves disproving their explanations, no matter how illogical, or ridiculous they might appear.
Damages
Now that you’ve proven the negligent defendant caused the breach of the duty of care he owed you while he was behind the wheel of his auto and is the cause of your car wreck injuries, it’s now time to hand him or her the bill in court in the form of damages. “Damages” is the full amount the defendant owes you for your injuries. They can include every penny of your medical expenses, both current and future, lost wages due to disability from the accident, again, current and future, along with your pain and suffering and property damage as a result of the negligent accident. You will need to prove to the jury that the injuries the defendant caused are fair and specific. In order to prove the damages you sustained, you have to show the court evidence of your losses as a result of the injuries caused by the defendant.
While you and your accident attorney are busy coming up with the right damage amount, the defendants are also working on the very same task, totaling up their anticipated losses from a guilty verdict. Damage amounts are usually the most contentious issue in a car accident case. Defendants calculate how much they think they owe accident victims just in case the jury finds them guilty. And they often claim that they really owe you much less than you’re asking. Then they will try to justify their position by accusing you of asking for a handout by saying your damage request is excessive. They’ll also probably accuse you of filing a frivolous lawsuit, which is a pretty popular claim with defendants and their attorneys these days. Nevertheless, you must clearly show the jury that your requested damage amount is realistic and proportional to the true harm done to you, and any of your vehicle’s passengers if there were any. This is usually the last stand a negligent defendant makes. So, finish your case strongly and clearly account for your losses and the sum total of your damages.
Determining the full amount of damages is as important as the other three burdens of proof since you have only one shot to receive damages from any single negligent defendant. There are no do-overs. But computing damages is quite a chore without a Texas auto wreck personal injury attorney who knows the value of your losses and how to effectively calculate them. How do you put a price tag on an intangible loss such as pain and suffering, or that of your child if one was injured? In calculating the loss of earning capacity if you are disabled, how do you account for hypothetical raises and promotions you would have earned had you continued to work, or gotten a promotion, or were hired away by another company at double your current salary? How can you figure out how much all of your medical bills will amount to if your treatment is not yet complete, and your doctor can’t tell how long it will last? The auto accident lawyers at our Texas Law Office know how to account for and calculate every one of your damages, and make certain that you recover as much as possible for your injuries.
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Beware of Defendants Regardless of Whether They are Insured or Uninsured
Whether an insurance company is responsible for compensating you for damages from an auto wreck can have a significant impact on the legal process and ultimate outcome of your case.
All motorists in Texas are required to drive with proof of liability insurance coverage. But many choose to ignore the law and drive uninsured. If the other driver is found liable for your injuries, he will most likely be personally responsible for compensating you if both you and the other driver are uninsured or if the other driver is uninsured (and you do not have uninsured motorist coverage). Often the other driver is insured, but doesn’t have enough to cover the full value of your damage claim. If that happens, then the other driver must pay you the difference.
If any of these scenarios apply, you must be concerned about the defendant’s finances. If he or she is insolvent (in other words, doesn’t have the money to pay your damage award), then you will not receive fair (or any?) injury compensation. It’s sad when this happens. And a lot of car accident injury victims don’t receive full compensation for their injuries because the other driver was either uninsured and did not have the money to pay the victim for his losses, or had substandard coverage and could not make up the difference..
Sometimes, a driver who has been involved in a wreck will take steps to hide his assets and appear insolvent. He might also try and hide this accident from his insurance company that could drop his coverage if he gets in another wreck. No matter the reasons for this defendant’s behavior, if you suspect this to be the case, our car accident injury lawyers at our Texas Law Office will conduct a thorough asset check on any accident defendant to find out how much he’s really worth. If there’s money available, we’ll find it and work to make sure you get your fair share.
Suppose that both you and the other driver were insured and his insurance company is responsible for compensating you for your injuries. This is generally good news because in most insured cases it means that there will be at least some compensation money coming your way. And if you find out quickly that this will be the case, chances are you might not need a lawyer. But proceed very cautiously, say as little as possible and keep your options open until you are ironclad-certain that things will are turning out your way.
This is because that in just about any accident where an insurance company is involved, it means that you’ll be up against an aggressive company that is in the business to make money, not to give it up. They will try to do everything possible to pay out as little as they can, or not at all. These companies employ adjusters, accident experts, investigators, and specialized insurance defense attorneys to try to deny your claim or to pay you as little as possible.
Also, most drivers with “street legal-only” insurance carry minimum coverage on their vehicle, and the insurance policy may not fully reimburse you for your losses if your accident was especially severe. Just because there is money theoretically available under an insurance policy to compensate you for your losses doesn’t necessarily mean that money will be easy to get your hands on, or that it will suffice. Anyone who has carried minimum coverage for themselves (or tried to deal with a minimum coverage agency when they’re in an accident) understands that some companies pay better (and quicker) than others, while others aren’t very responsive to any process other than taking-in premiums and not paying out. With some, the only way to get their attention (or their lawyers) is to file your case in court.
Any of the above “insurance-related” scenarios might apply to your auto accident. This is why, in order to be fairly compensated for your injuries, you will have an uphill battle against these professionals whose daily job is to pay out as little as possible for car accident claims. And it’s one of the biggest reasons for you to hire an experienced auto accident injury attorney: ASAP!
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Do You Need to Hire a Lawyer After a Car Accident? Have any of These Already Happened?
In most instances it takes a Texas car accident injury lawyer to assure that accident victims recover the actual worth of their medical bills, pain, suffering, disability (if applicable), and damages to their vehicle and its contents. But as we’ve previously said, if the circumstances surrounding the accident and its coverage level are minor, or if everyone is behaving “above board.” a reasonably intelligent accident victim can likely handle his or her claim on their own, without the assistance of a lawyer. But here are a few scenarios that will generally tell you if you need the services of a Texas vehicle accident liability attorney.
You’re in Pain or Suffered Physical Injuries in the Car Wreck
If you suffered any sort of bodily injuries that are more severe than bumps & bruises, it’s best for you to have an experienced attorney handle your legal business. A good rule of thumb in determining this is whether or not you must make a return visit to your doctor after being initially treated for your injuries. Or if the doctor you see is your family’s trusted primary healthcare provider, ask him or her. When you seek damages for bodily injuries, insurance companies don’t necessarily have to abide by any predetermined guidelines when deciding how much to pay you, especially when it comes to pain and suffering. Insurance companies are more about collecting premiums than paying claims and can chose to pay you nothing. Such blanket refusals are a huge benefit of having an attorney who is looking out for your interests. If you’ve suffered broken bones, head injuries, back injuries, or any other sort of injury in your wreck, do the smart thing and call a good attorney. Or have your family do it if you are unable to. And do it quickly.
The Other Driver is Hard to Deal With
Call a lawyer if the driver who caused your accident gives you a hard time either at the scene of the wreck or later, or if that other driver doesn’t want to give out his contact or insurance information. Belligerent accident “victims” usually have something to hide, either from the law or their insurance company. You should see such belligerence as a serious clue that he’ll make it as difficult as possible for you to recover what you deserve. Consider it a warning that you need to seriously consider hiring a lawyer; and don’t be slow about it.
The Insurance Company Pressures you to Settle or Continually Harasses You
Insurance companies can be extremely difficult to negotiate with. And they waste a lot of your time if you haven’t got an attorney to stand between you and them.
Insurance companies are out to protect their own interests. As we’ve already said, those interests involve collecting premiums and paying out as little as necessary in claims. They’ll use adjusters to find ways to deny your claim. These adjusters may repeatedly contact you and ask what appears to be harmless questions about the accident or your injuries under the guise of “getting the facts straight.” But they’re usually calculated to induce you to say something to later be used against you to deny your claims. All conversations will probably be recorded. And they could come back to haunt you as evidence when it’s time to appear in court.
Our accident injury clients know the best way to deal with insurance adjusters: just don’t deal with them at all. Adjusters don’t call our clients, they call us instead. When adjusters can’t talk to you, they can’t twist your words to use against you.
Many times an insurance company will pressure you to settle for less than it’s worth: often a lot less. Now we have nothing against accepting a fair settlement if it will benefit you. But an unfair settlement can devastate your legal rights. When you accept a settlement, you waive your right to sue the defendant in the future. The settlement you accept is all you will ever be able to collect. So it’s important not to accept an offer unless it’s fair. And the only way to determine a fair settlement offer from an insurance company that wants to victimize you is with the assistance of an attorney who knows how to assess the true value of your damages and knows when you’re being low-balled.
Insurance companies know that most accident victims are strapped for cash in the wake of the wreck. They have large medical and auto repair bills that must be timely paid. And perhaps injured victims are unable to work as a result of their injuries. So their already reduced income is used for paying those monthly bills that never stop, which means there’s little, if any, money left over to pay the additional burden of accident-related expenses.
The insurance company’s strategy is to entice you with just enough fast cash that might get you back to even. But what if that’s not the end of your financial peril? Settlements you accept from an insurance company before you have a lawyer on your side rarely, if ever, benefit you in the long run. But they’re always binding. Don’t let the defendant in your case get away with paying you less than you deserve. Call our car accident lawyers to learn what your case is really worth, so that you know whether or not the defendant’s offer is fair.
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What if you can’t Afford to See a Doctor or Pay Your Emergency Room Bills?
Many people living in Texas don’t have health insurance to help them pay for the medical treatment they need immediately after they’ve been involved in a wreck. Even if an accident victim does have health insurance, the odds decrease every day that their medical treatment will be paid through their health benefits. And regardless of whether or not they have health insurance, many accident victims are reluctant to get recurring treatment after the car wreck for their injuries because they don’t think they can afford to take the time off from work that they’ll need to see a doctor. Or they can’t afford to pay the high deductibles which make using their health insurance impractical.
Seeing a doctor and getting treatment for your injuries after an accident is not only essential to your health, it’s absolutely necessary to your injury claim or lawsuit. If you can’t afford treatment, or if you already have medical bills that you can’t pay, there’s probably something that our personal injury lawyers can do to help. We regularly work with doctors and healthcare professionals and can refer you to the right one who will take your personal situation into consideration and give you the medical care you need. We have helped many of our clients receive the vital treatment they need after an auto accident: and at no out of pocket cost to them. Additionally, we can explain how the time you take off from work to get the medical care you need may become part of the damage compensation owed to you by the defendant in your case.
You have a Bad “Vibe” About How your Claim is Being Handled
If you feel “funny” about how the insurance company is handling your case, you’re probably right. Insurance companies aren’t in business to help people: just make money. And the more creative they are in finding ways to deny legitimate claims, the more money they’ll make.
This is especially true with most insurers who aggressively market themselves as “minimum coverage” auto insurance firms, even though we have been able to deal fairly with a few of them. But it’s best for you to call a lawyer if you have a bad feeling, or if any of these circumstances apply:
The insurance company offers you a settlement before the full extent of the medical treatment you’ll need is known.
The insurance company offers you less money than what’s due on your car loan.
The insurance company doesn’t offer you a rental car while your vehicle is being serviced by a mechanic.
The insurance company tells you they’ll pay your claim when you submit your bills, but then refuse either to do so or keep stalling you when you ask for payment.
The insurance company takes too long to respond to your inquiries (this could means that they’re investigating your claim behind your back or just “shining you on” and haven’t yet told you they’re not going to pay your claim).
The insurance company tells you that a settlement offer is “all that you’re entitled to” or “the best you’re going to get”.
If you’re lucky, and none of the above circumstances applies, the odds are pretty good that you can handle your case on your own, without the assistance of a lawyer. Sometimes, car accident victims can successfully protect their own rights when they’ve been involved in a wreck which resulted only in damage to their vehicle. If your car was damaged, but you’re not injured, insurance companies are bound by strict guidelines when it comes to compensating you for damages to your vehicle, or its replacement. Since these guidelines give them little wiggle room, insurance companies have fewer opportunities to rip you off when they reimburse you for your repair bills or vehicle replacement.
After a wreck in which your car alone has been damaged, take down the other driver’s contact and insurance information. Then, drive your car or have it towed to a mechanic. The mechanic will bill your insurance company directly, and your insurance company will pay the mechanic. Then, your insurance company will, in turn, submit the repair bill to the other driver’s insurance company for reimbursement.
An experienced local attorney with our Law Firm will analyze your case, and explain your options so that you will fully understand them. We want to make certain that you recover as much as reasonably possible for your injuries and make this sometimes complicated legal process as easy as for you to understand and navigate to a successful end. Then you can resume your life: free from financial harm, and with this experience in your rear-view mirror.
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Choosing the Local Texas Auto Accident Injury Lawyer Who’s Right for You
If you have been in a car accident in our community, you need to contact an attorney who can give you the best results possible. Our experienced car accident attorneys suggest that you speak with two or three attorneys before deciding on the one to handle your case. When consulting with one, ask about experience in handling cases similar to yours and make sure to discuss this lawyer’s record in litigating and settling similar car accident cases. Also ask the attorney to provide you with a few names and contact information or a few former clients with cases similar to yours. And then call them. Do not hire the attorney unless you trust him or her and are confident in their ability to represent you in a way that you are comfortable with.
The auto accident attorneys with our Law Firm have been handling car accident litigation for over 30 years. We’ve won favorable verdicts and negotiated fair settlements against nearly every major auto insurer in the state. Insurance companies recognize our name, and our reputation that precedes us. Both are very helpful in securing our clients’ fair claims from these insurers. Our business is making sure that you recover as much as possible for your injuries and simplify what, to many, is a complicated, often dubious legal process. Below is a list some of the services that we provide for our clients:
The time after a car accident is often stressful and confusing to the victims. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case, or represent yourself when you are clearly unqualified to look out for your (or your family’s) best interests. We are uniquely qualified and fully prepared to get you the best results possible. If you or someone you know were injured in a car accident, contact an attorney at our Texas Law Office today for a free consultation and find out how we can help you.
An experienced local attorney with our Law Firm will analyze your case, and explain your options so that you will fully understand them. We want to make certain that you recover as much as reasonably possible for your injuries and make this sometimes complicated legal process as easy as for you to understand and navigate to a successful end. Then you can resume your life: free from financial harm, and with this experience in your rear-view mirror.
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