Funeral Expenses in a Wrongful Death Claim

Thursday, July 28, 2016

There are many reasons to file a wrongful death claim after the unexpected death of a loved one, including giving them a voice in the justice system and holding a negligent party responsible. Another benefit of bringing a lawsuit is recovering financial compensation for the costs of your loved one’s funeral and burial. In Texas, heirs are entitled to funeral and burial expense damages for the wrongful death of a family member.

Are Funeral Expenses Reimbursed in a Wrongful Death Claim?

Texas Wrongful Death Statue of Limitations

In many cases, yes. While it is not possible to guarantee results for a wrongful death lawsuit, most cases end in compensation for the decedent’s heirs or estate to pay for funeral and burial expenses. The definition of funeral and burial costs are the economic damages incurred by heirs or the estate for funeral services and the disposition of the body. Anyone who contributed to paying for the funeral – even those who were not heirs – can receive compensation for what they spent.
The compensation granted for funeral and burial costs can refer cover many different related expenses, including:

Coffin
Cremation
Urn
Flowers
Cemetery plot
Headstone or monument
Vault
Funeral home costs

The price of a funeral and burial is combined with other available damages, such as the decedent’s lost wages, lost household services, loss of consortium, pain and suffering, property damage, and more. These are all examples of economic and noneconomic losses that are recoverable in the average wrongful death lawsuit in Texas.

What Are “Reasonable” Funeral and Burial Costs?

The amount of money that you can receive in funeral and burial expenses in a wrongful death claim is not without limits. In a Texas wrongful death lawsuit, an insurance company will only pay for an amount of funeral and burial costs that are viewed as “reasonable.” The reasonableness standard can depend on factors that are unique to the case, such as the size of the decedent’s estate. In general, a reasonable funeral and burial will cost around $10,000. However, you may be eligible for greater compensation if you can prove that what you spent was reasonable.

How to Prove Your Funeral Expenses

You can prove the value of your funeral and burial expenses by keeping copies of related bills, receipts and invoices. Keep the receipts of anything that you purchased for a funeral, memorial service, cremation or burial and make multiple copies. You may also need a written explanation of why what you spent was reasonable according to the situation. An attorney can help you gather evidence of your losses for a claim.

How Can a Wrongful Death Attorney Help?

It is important not to accept a wrongful death settlement from an insurance company before consulting with an attorney. You cannot trust that an insurance company is maximizing your financial recovery. On the contrary, insurance companies often try to minimize payouts to protect their own profits. A wrongful death lawyer in Dallas, on the other hand, will want your family to recover as much compensation as possible.
A lawyer will use proven legal tactics to fight for the true value of your case, including the full amount that your family spent on funeral and burial costs. A lawyer can negotiate with an insurance company for you or take your case to trial, if necessary. With trial experience in the law firm’s history, an insurance company will be more likely to offer a fair settlement for your wrongful death claim upfront. If not, however, your attorney can represent your loved one at trial.
If you recently lost a loved one in an avoidable accident in Dallas, don’t hesitate to contact an attorney for a free consultation. You can discuss your ability to recover funeral expenses and other losses using a wrongful death claim. Consulting with an attorney right away can reduce your chances of missing an important filing deadline.

Posted by Aaron Herbert at 10:15 am

My Child Is Being Bullied at School. Are There Legal Repercussions?

Wednesday, July 27, 2016

Bullying is a harmful act that can cause long-term emotional and physical effects on our children. The law defines bullying as any aggressive, purposeful behavior that’s intended to frighten, threaten, or harm another child. It’s important to understand the distinction between children “picking on” one another and an actual act of bullying. Specifically, bullying can occur in situations such as:

One student waiting in an area for the express purpose of intimidating another
Taking money or other personal belongings through force or aggression
Using intimidation to force a fellow student to complete homework or give answers
Initiating a physical altercation with another student

Some parents still dismiss bullying, saying it’s a childish lark and normal phase of development. But modern bullying, especially online, has created an atmosphere where students have even turned to suicide and other violent extremes. States and local municipalities have begun to enforce anti-bullying measures to protect other children from harm.

Bullying in Schools: Who’s Liable?

Liability in bullying cases can be hard to assign. Several parties may be held responsible for acts of bullying, from the child him or herself to the parents or the school system. School officials, for instance, are required to create a safe environment for their students at all times. When bullying happens on school property, an attorney may first look at the district’s responsibility. If a school’s teachers or administrators knew about a bullying situation but did nothing to prevent it, they may be charged for any general or special damages. If the school didn’t know about a bullying situation or the incident didn’t take place on school grounds, liability falls on the child or the child’s parents. A student’s parents may be liable, for example, if they were aware of the misconduct, condoned it, or encouraged the behavior in any way. A bullied child generally needs to have tangible evidence of suffering or injury to collect on a personal injury claim. He or she must show evidence of physical injury or loss of valuable property. Intangible losses are harder to prove in court, such as suffering purely emotional injuries and distress. Thus, this kind of hardship is less likely to result in damages.

What Are the Legal Repercussions for Bullying?

In light of recent headlines detailing the consequences of bullying, most states have instituted some kind of anti-bullying law. Others are currently considering other forms of legislation. Texas mandates that school districts make and enforce their own anti-bullying policies. Those who are in violation of school policy may be expelled, be transferred, or face additional disciplinary action. In cases where bullying becomes criminal (theft, defacing public property, assault, etc.), the bully could face time in a juvenile facility.

A Note About Cyber-Bullying

Today’s information age means students face new bullying threats online. Cyberbullying refers to acts that intimidate, harass, or humiliate on the internet. To protect your kids from this phenomenon, consider implementing the following measures: Monitor social media usage. Without caution, everything your children post will be available to everyone else online. Some users are just looking to harass others, and running into this kind of interaction can be devastating for kids who won’t understand why someone is being mean. Restrict chat/forum activity. Similar to social media sites, posting on public forums or open chats may be exciting for young kids who feel like they’re interacting with the entire world. Of course, this also makes them a target for bullies who think it’s funny to be mean regardless of the conversation.

Legal Action

For legal action to be taken, these threats must be intense or persistent enough to make the victim feel unsafe. Talk to a personal injury attorney for more info about your options. Your child’s emotional and physical well-being are of upmost importance. If you feel this is being threatened due to a school’s or parent’s negligence, you may have grounds for a civil lawsuit. Contact our office for a free initial consultation.

Posted by at 10:47 pm

I Was Injured at My Apartment Complex, What Do I Do?

Tuesday, July 26, 2016

Apartment complex injuries are relatively common – especially when landlords and property owners are negligent. Apartment injuries can stem from structural flaws, poor maintenance, pests, water leaks or floods, slippery floors, fires, asbestos, and many other premises hazards. Luckily, if you have an injury from an apartment accident in Dallas, you may be eligible for financial recovery from your landlord.

I Was Injured at My Apartment Complex, What Do I Do? 3

Who Is Liable?

Your landlord might be liable for your apartment complex injury if he or she reasonably should have prevented the accident. In general, the law will hold a landlord responsible for tenant injuries from dangerous conditions that were not blatantly obvious and that the landlord did not warn the tenant about. If you reported a property defect and your landlord failed to make any reasonable attempts to remedy it, your landlord could also be liable for your damages. Landlords in Texas owe many duties of care to tenants according to state law.

Repair any condition that affects your physical health or safety
Repair issues in your apartment caused by normal wear and tear
Provide working smoke detectors
Equip the building with appropriate security devices

It is against the law to face retaliation from your landlord, such as getting evicted, for complaining about necessary repairs in your apartment. You may have the option of withholding rent if the repair is necessary for your physical safety and health. Otherwise, however, withholding rent could lead to a lawsuit against you. If you file a complaint and your landlord does not respond within a reasonable time, you might have grounds to file a lawsuit against your landlord. If a preventable apartment defect causes a serious accident and injury, your landlord could be liable for economic and noneconomic damages.

Does Renters Insurance Cover My Medical Expenses?

Many landlords make it mandatory to carry renters insurance as a tenant. This insurance is typically available for $10 to $15 per month. It protects you in case of an event that causes property damage, such as a robbery or flooding. Renters insurance will provide benefits to repair or replace damaged property at your apartment. If you have to live someplace else temporarily during apartment repairs, renters insurance can pay for your additional living expenses as well.
Renters insurance can also help you pay for a visitor’s injuries if someone comes to your apartment and gets into an accident. If the injured visitor files a claim against you, your renters insurance could protect you from personal liability. One thing renters insurance will not cover, however, is your medical expenses after an accident. If you are injured due to an accident in your apartment or in the building, you will not have coverage through your renters insurance. You will need to seek coverage through your health insurance or a premises liability claim instead.

Who Do I Contact If I’m Injured at the Apartment?

If you get into an accident in your apartment, go to the nearest doctor’s office for an exam and injury diagnosis. Keep copies of all relevant medical records. Notify your landlord about the accident. Take photographs of the dangerous property defect that caused your injuries. Then, contact a Dallas apartment injury attorney for a free legal consultation. A Dallas personal injury attorney can investigate your apartment accident and let you know if you have grounds to bring a claim against your landlord or another party for damages.
A slip and fall lawyer can help you with all the steps it takes to file a claim and fight for fair compensation. A premises liability lawsuit could hold your landlord responsible for your medical expenses, property repairs, lost wages, pain and suffering, legal fees, and other damages. A successful suit could also push your landlord to take his or her legal duties more seriously – potentially preventing future tenants from experiencing the same harm you did in the complex. Contacting the right attorney could make it easier to move forward after an apartment injury in Dallas.

Posted by Aaron Herbert at 11:37 am

How Many Hours Are Truck Drivers Legally Allowed to Drive?

Thursday, July 21, 2016

Commercial truck drivers have special rules and laws they must obey. Since they control vehicles that can exceed 80,000 pounds for a living, they must respect these rules for the safety of everyone on the roadway. The Federal Motor Carrier Safety Administration (FMCSA) issues these rules for all truck companies and drivers in the country to follow. One of these rules limits the hours of service a truck driver may legally work at a time before taking a break. The hours of service rule aims to reduce the risk of drowsy driving.

FMCSA Hours of Service Regulations

A tired driver is a risk to everyone on the road. Drowsy driving can be just as dangerous as drunk or impaired driving. Truck drivers are more at risk of drowsy driving than typical motorists for several reasons: they drive alone for long hours, often work nights, have to sleep on the road and may suffer from sleep apnea. For this reason, the FMCSA enforces strict hours of service regulations.

Work vs. duty periods. Work according to the FMCSA is a workweek, while duty period is a workday. Since many truck drivers do not work conventional 9:00 to 5:00 hours, the FMSCA bases its regulations on actual hours worked rather than days or hours of the week.
Seven-day work period. Truck drivers may work seven days in a row but cannot work more than 60 hours on duty in those seven days. If they do work seven consecutive days, they must break for at least 34 consecutive hours before beginning another seven-day work period.
14-hour duty period. The maximum duty period for a truck driver is 14 hours. Within this period, a driver may only drive for 11 hours. After 8 hours, the driver must take a 30-minute break. After 14 hours, the driver must take a 10-hour break before another duty period.
Rest breaks. A commercial driver may only drive if 8 hours or less have passed since the last 30-minute break. A rest break can refer to time off-duty or in the truck’s sleeper berth.

If a truck driver starts his workday at 6:00 a.m., he must take at least a 30-minute break at 2:00 p.m., after 8 hours on duty. Then, he may drive another three hours with or without additional breaks. Once the trucker reaches 11 driving hours and/or 14 total hours on duty, he must stop and sleep or perform other non-driving duties for at least 10 hours before starting another 14-hour duty period.

What Happens if These Are Violated?

A truck driver needs to obey the hours of service regulations. Otherwise, he or she could run the risk of driving tired. Drowsy driving kills. A drowsy truck driver may not have the reflexes or reaction times to successfully stop or maneuver to avoid an accident. A tired trucker may fall asleep behind the wheel, fail to stop or cause a rear-end collision. Drowsy driving can cause catastrophic truck accidents such as truck rollovers, override accidents and head-on collisions.

If an investigation of an accident or a review of a driver’s electronic logging device finds he or she violated the FMCSA’s hours of service rules, the driver and carrier could face penalties. A police officer or an authority from the federal government could assess penalties such as fines at both the state and federal levels. The driver or trucking company could also suffer a reduction in its safety rating. Finally, the driver could face mandatory revocation of his or her driving privileges until the completion of a rest break.

If a truck driver who has violated the hours of service rule causes a truck accident, the trucking company could be liable for damages. The company could be responsible for the negligent actions of its driver, including hours of service violations. The company may have to pay for victims’ medical expenses, lost income, property damages, and other losses. A Dallas truck accident attorney can help you find compensation for your injuries.

Posted by Aaron Herbert at 2:19 pm

How Do You Calculate Pain and Suffering in a Settlement?

Wednesday, July 13, 2016

A fair settlement can provide your family with compensation to pay for medical bills, make up for lost wages due to missed work, and other expenses associated with daily living. Many personal injury claims also include what’s known as “pain and suffering” costs. What are these, and how do personal injury attorneys calculate them? Most personal injury claims hinge on the plaintiff providing evidence of negligence. Negligence is a term the legal system uses to describe actions in which one person fails to exercise reasonable care around another. When a person commits negligence, he or she may cause another person pain and suffering.

Pain and Suffering Defined

Lawyers use the term “general damages” to define any intangible losses, like pain and suffering, as part of an injury settlement. But how can you quantify your pain? It’s hard to pin a number on, but lawyers use a specific system to calculate the economic and general damages associated with a settlement. The two most common are the multiplier method and the per diem approach.

The Multiplier Method

The multiplier method refers to a process by which an actuary takes your economic damages (these are easy to calculate and include things like lost wages and medical bills) and multiples them by a number as small as 1.5 and as large as 5. An actuary might multiply the number by 5 in the case of gross negligence, for example, but will use a smaller number if the injuries are minor. Other factors that affect the multiplier are your likelihood for a speedy and complete recovery as well as the impact on your daily activities. The multiplier method is the most common form of calculating general damages, as it’s the same process most insurance companies use. Often, the sticking point in the negotiation phase is the multiplier used to calculate general damages. An experienced law firm can help you maximize your settlement by fighting for a fair multiplier.

The “Per Diem” Calculation

Less common is the “per diem” method of calculating pain and suffering. This process gets its name from the Latin phrase meaning “each day.” It relies on demanding a certain dollar amount for every day you experience pain as a result of your accident. This approach is less common because attorneys often disagree on the appropriate way to set a dollar amount for each day of suffering. If you miss a significant amount of work as the result of your accident, the best approach may be to use your daily earnings as a starting point. Say, for example, you were involved in a car accident and experienced a fractured arm as a result. You wore a cast for six weeks and took pain pills each day to alleviate your suffering. Even after your cast is off, you continue to experience pain for another month, for a total of 75 days of suffering. Say you make $35,000 a year—approximately $95 per day. Your per diem settlement would be around $7,2000. This method is fine for clear cut cases, but when it comes to long-term injuries, permanently disabling conditions, or lost earning capacity, this calculation falls apart. For this reason, the legal profession more commonly relies on the multiplier calculation.

Have You Been Injured in an Accident?

If you’ve been injured as a result of someone else’s negligence, you may be wondering about the recourse for the parties responsible or wondering how to pay for your medical bills. The Attorneys at Aaron Herbert are skilled at negotiating settlements that are fair, given the extent of your pain and suffering. To start your personal injury claim today, contact our office for a free case evaluation. We offer our services on a contingency-fee basis, so there’s no risk to you.

Posted by at 10:44 pm

How to Recover Compensation for Delayed Car Accident Injuries

Monday, July 11, 2016

Delayed injuries are not uncommon after car accidents. The adrenaline from the collision can mask pain and symptoms, making a victim believe initially that he or she is not injured. Then, hours or even days later, the victim may recognize injuries that were caused by the car accident. If you have delayed car accident injuries after a collision in Dallas, it is important to take certain steps to protect your right to recover financial compensation.

Common Delayed Car Accident Injuries

Depending on the circumstances of your crash, you could have many different types of injuries with delayed symptoms. However, certain injuries are more commonly diagnosed late after car accidents than others. A concussion, for example, often does not show symptoms immediately. Instead, you may notice subtle signs hours later or even the next day, such as brain fog, trouble concentrating and headaches.
Common delayed car accident injuries include:

Soft-tissue injuries
Whiplash
Back injuries
Disk ruptures or herniation
Internal injuries or bleeding
Concussions
Traumatic brain injuries
Nerve damage
Emotional or psychological injuries

How to Recover Compensation for Delayed Car Accident Injuries 8

If you initially think that you are not injured but notice signs of a potential injury after a vehicle crash in Texas, you may still be eligible for financial compensation from the other driver’s insurance provider. It is important, however, to protect your rights by taking a few steps to prove that your injuries exist and that they are connected to the car accident.

Wait to Answer Questions About Your Injuries

First, do not jeopardize your right to recover financial compensation by telling anyone that you are not injured in the immediate aftermath of a car accident. Although you may feel fine, keep in mind that you might have delayed injuries. Do not tell the other driver, the responding police officer or an insurance claims adjuster that you don’t have any injuries until you’ve seen a doctor. Instead, explain that you will be going to a hospital right away and will answer questions about your injuries later.
Don’t sign anything given to you by the insurance claims adjuster, either. The other driver’s insurance company may contact you as soon as the day of the car accident and attempt to get you to sign a release of liability form. The insurance company may even offer you a type of settlement to convince you to sign. It is important, however, not to sign anything until you have been to a doctor and consulted an attorney.

Go to a Hospital in Dallas Immediately

Always go to a hospital immediately after an automobile accident. Going to see a doctor right away demonstrates that you were concerned that you had an injury from the car accident. A doctor can diagnose an injury even if you are not yet showing symptoms, using tests and x-rays. An early diagnosis can help you receive immediate medical care for an injury.

Gather Copies of Your Medical Records

You will need proof of medical evaluations, diagnosis and treatment to obtain compensation for a delayed car accident injury. Do your best to gather this evidence by requesting copies of your medical records and obtaining a letter from your doctor. Strong medical evidence proving that you suffered an injury in the auto accident can help your insurance claim.

Consult With an Attorney

Next, consult with a car accident attorney in Dallas for assistance with the claims process. An attorney will accurately evaluate the value of your injury claim and prevent an auto insurance company from taking advantage of you. Your lawyer can take over settlement negotiations on your behalf to argue for maximum financial compensation, even if you had a delayed injury.

File Before the Deadline

Finally, if you wish to file a personal injury lawsuit against the driver who caused your car accident, make sure you file the paperwork before the deadline. In Texas, the statute of limitations (legal deadline for filing) is two years from the date that you discovered your injuries, in most cases. With only rare exceptions, if you fail to file by this deadline, you will give up the right to recover compensation.

Posted by Aaron Herbert at 10:17 am

Month: July 2016