Orthopedic injuries are among the most common personal injury categories caused by mishaps, carelessness accidents and negligence of others. Consequences of these injuries may have on the victims’ lives include physical pain, mental suffering, and financial hardship. The goal of the personal injury law firm Aaron Herbert Law Firm Law is to provide each client with the best possible legal representation for their orthopedic injury complaints. The Aaron Herbert Law Firm is very knowledgeable about the subtleties of all orthopedic lawsuits. We keep up with the latest advancements in orthopedic lawsuits and so that our clients are always informed throughout the legal process.

Orthopedic injuries can be debilitating, causing immense pain and hardship for the victims. If you have suffered such an injury due to someone else’s negligence or wrongful actions, you may be entitled to seek compensation through a personal injury lawsuit in Texas. However, proving an orthopedic injury lawsuit requires substantial evidence and legal expertise. In this blog post, we will guide you through the essential elements that need to be established in order to successfully prove your case. From duty of care to damages calculation, we’ll cover everything you need to know about navigating the complexities of an orthopedic injury claim in Texas. So let’s dive right into it and empower yourself with knowledge!

United States Orthopedic Injury Statistics

According to the National Safety Council, orthopedic injuries accounted for a significant portion of the more than 39.5 million injuries for which medical assistance was sought in 2019. All age groups’ leading causes of non-fatal injuries include falls and auto accidents, especially those involving 3b Orthopedics. Fall-related causes accounted for almost 800,000 hospital admissions and nearly 8 million ER visits in 2018. Motor vehicle accidents are a common cause of orthopedic injuries, as evidenced by the over 2.7 million orthopedic injuries resulting from the over 6 million accidents that the US police reported in 2019 as well as possible occurrences of orthopedic surgical errors.

Other prevalent work hazards include trips and falls and car crashes, as well as orthopedic ailments. According to data from the Bureau of Labor Statistics, musculoskeletal disorders account for 39% of non-fatal occupational illnesses and injuries that cause workers to miss work. These work-related injuries may lead to claims for orthopedic settlements. These statistics, however, might understate the true impact of orthopedic injuries in the US since many people may decide not to report their injuries or seek medical attention, which could affect the orthopedic claim process. 

Medical Malpractice and Negligence in Orthopedic Injuries

While some orthopedic injuries are unavoidable, many are brought on by the carelessness of others. Certain driving behaviors, including as speeding, driving under the influence, and disobeying traffic laws, can lead to orthopedic injury accidents, such as those involving 3b Orthopedics. Employers that fail to maintain a safe workplace may also be at fault for orthopedic injuries that occur at work. Slip-and-fall incidents are the responsibility of property owners who neglect to keep a safe environment, especially when they involve improper orthopedic treatment. Furthermore, medical misconduct commonly results in orthopedic damage. Orthopedic lawsuits can result from careless medical staff members making surgical errors, misdiagnosing injuries, or recommending subpar treatments that exacerbate the condition.

 Effects of Orthopedic Injuries on Patients

In addition to affecting a person’s physical health, orthopedic injuries can also have an impact on their quality of life and financial security. In addition to terrible physical pain and severe emotional suffering, victims may be left with financially crushing debt. Families may experience a rapid increase in stress due to treatment rounds, lost wages, and growing medical debt. It is imperative that anyone with an interest in orthopedic matters, including the 3B orthopedic case, obtain appropriate legal counsel from an experienced lawyer. orthopedics injury experience.

Orthopedic Compensation for Your Accidents

If your orthopedic injury was the result of someone else’s negligence or carelessness, you might be entitled to compensation. You may be able to file an orthopedic injury claim and receive compensation for the suffering your injuries have caused. You must be able to demonstrate that the reckless or careless person was at fault in order to be eligible for compensation.

If you have experienced orthopedic injuries as a result of medical negligence or an accident, consult with an experienced orthopedic injury lawyer. They can assist you in obtaining the maximum compensation for your losses. In addition to helping you negotiate with insurance companies and gather evidence to support your claim, an attorney may defend you in court.

Orthopedic surgery malpractice can manifest in various ways, such as:

• Inaccurate interpretation of MRIs, CT scans, or x-rays; 

• Delayed or incomplete diagnosis; 

• Inadequate postoperative care; 

• Ineffective fracture therapy; 

• Improper positioning of a fractured bone; • Surgical instruments left inside the patient;

 • Incorrect body part operated on 

Orthopedic lawsuits typically involve the following claims:

• Misdiagnoses or delayed diagnoses, such as inaccurate or delayed diagnosis of orthopedic injuries or conditions; surgical errors, such as mistakes made during orthopedic operations 

• Errors in the administration of anesthesia; 

• Product liability; such as accountability for defective orthopedic devices or equipment; 

• Failure to get informed consent; such as improper patient agreement for treatment 

• Careless post-operative treatment, such as insufficient attention after surgery; • Slip and fall incidents, including harm from dangerous circumstances or carelessness on another person’s property

The following are possible damages in an orthopedic lawsuit:

The price of any additional medical care related to your injuries, such as hospital stays, physical therapy sessions, and doctor visits 

• Should your accident force you to miss work, you may be qualified for compensation for the time you lost from work. 

• Recompense for the emotional and physical suffering you have experienced as a result of your injuries; 

• Compensation if your injuries cause permanent impairment or disfigurement. 

Duty of care

When it comes to proving an orthopedic injury lawsuit in Texas, one crucial element that must be established is the duty of care. Duty of care refers to the legal obligation that individuals or entities have to exercise reasonable caution and take necessary measures to prevent harm to others. In a personal injury case, this means showing that the defendant had a responsibility to act in a manner that would have prevented your orthopedic injury.

To establish duty of care, it is important to show that there was a relationship between you (the plaintiff) and the defendant. This relationship could be anything from being involved in a car accident with another driver, receiving medical treatment from a healthcare professional, or even slipping and falling on someone else’s property.

Once the relationship has been established, the next step is demonstrating how the defendant breached their duty of care towards you. This can involve providing evidence such as witness testimonies, expert opinions, or documentation showing negligence or reckless behavior on part of the defendant.

It’s important to note that duty of care can vary depending on different circumstances and professions. For example, if you are filing an orthopedic malpractice lawsuit against a physician for surgical errors leading to your injury, they would be held accountable based on their specific standard of care as expected within their field.

Proving duty of care requires thorough investigation and gathering sufficient evidence. It may require consulting with experts who can provide insight into industry standards and protocols related specifically to orthopedic injuries. By establishing this crucial element early on in your case, you set yourself up for success when seeking compensation for your damages caused by an orthopedic injury.

Breach of duty

When it comes to proving an orthopedic injury lawsuit in Texas, one crucial element is establishing a breach of duty. This means demonstrating that the defendant (typically the healthcare provider or medical facility) failed to meet the standard of care expected in their profession.

In order to establish a breach of duty, it’s important to show that the defendant did not act as a reasonably prudent and skilled orthopedic professional would have under similar circumstances. This can be done by presenting evidence such as expert witness testimony, medical records, and documentation.

Expert witnesses play a key role in proving breach of duty. These are qualified professionals who can provide their opinion on whether the defendant’s actions fell below the accepted standard of care. Their expertise adds credibility and weight to your case.

Additionally, medical records and documentation are vital pieces of evidence when trying to demonstrate a breach of duty. These records can reveal any negligence or errors made during diagnosis, treatment, or surgery processes.

Photographic and video evidence may also be useful in proving breach of duty if they clearly depict substandard practices or unsafe conditions within the medical facility.

Moreover, witness testimony from individuals who observed negligent behavior or experienced inadequate care firsthand can further strengthen your case by providing additional support for your claim.

Financial and employment records could potentially reveal patterns that indicate negligence on behalf of the healthcare provider or facility involved in your injury.

Pain and suffering documentation is another significant aspect when it comes to proving breach of duty since it helps establish how your quality life has been impacted due to inadequate treatment or surgical errors.

In conclusion, a strong case for breach-of-duty hinges on gathering extensive evidence including expert witnesses’ testimonies corroborated by supporting documents like medical records along with photographic/video proof as needed while taking into account individual financial & employment records combined with pain/suffering reports ultimately revealing how one’s life was negatively affected.

Causation of injury

Causation of injury is a vital element in proving an orthopedic injury lawsuit in Texas. In simple terms, it refers to the connection between the defendant’s actions or negligence and the plaintiff’s harm. To establish causation, you must show that the defendant’s breach of duty directly led to your orthopedic injury.

In these types of cases, it is crucial to gather medical evidence that clearly links your injuries to the incident in question. This may include medical records, diagnostic tests, and expert opinions from healthcare professionals specializing in orthopedics.

Additionally, witness testimony can play a significant role in establishing causation. Eyewitnesses who observed the incident firsthand or individuals with knowledge about the circumstances leading up to your injury can provide valuable insights into how it occurred and who was responsible.

Furthermore, supporting documentation such as photographs or videos can serve as compelling evidence when illustrating how an accident resulted in an orthopedic injury. These visual aids can help demonstrate not only the severity but also highlight any external factors that contributed to your harm.

Proving causation requires building a strong case based on solid evidence linking the defendant’s actions or negligence directly to your specific orthopedic injury. By gathering medical records and documentation, securing expert witnesses’ testimonies, collecting photographic/video evidence, obtaining witness statements along with employment and financial records – you increase your chances of successfully demonstrating causation for your personal injury claim.

Foreseeability of Injury

When it comes to proving an orthopedic injury lawsuit in Texas, one crucial aspect is establishing the foreseeability of the injury. In legal terms, foreseeability refers to whether a reasonable person could have anticipated that their actions or omissions would cause harm to another individual.

In an orthopedic injury case, it is important to demonstrate that the defendant should have reasonably foreseen the potential for injury based on their actions or negligence. This requires examining the circumstances surrounding the incident and determining if there were any warning signs or red flags that should have alerted the responsible party to the risk of harm.

To establish foreseeability, evidence such as expert witness testimony can be invaluable. Experts with specialized knowledge in orthopedics can analyze factors such as medical records, diagnostic tests, and treatment plans to determine if there were any indications that an injury was likely or foreseeable.

Additionally, documenting any prior incidents or complaints related to similar injuries can further support the argument for foreseeability. This could include instances where others suffered similar orthopedic injuries due to similar circumstances or conditions.

It’s important for plaintiffs in these cases to gather all available evidence and present a clear picture of how their injuries were foreseeable based on negligence or substandard care. By doing so, they greatly increase their chances of successfully proving their orthopedic injury lawsuit in Texas court.

Standard of care

Standard of care is a crucial element in proving an orthopedic injury lawsuit in Texas. It refers to the level of skill and care that a reasonable healthcare professional or provider should provide under similar circumstances. In other words, it sets the standard by which the defendant’s actions or omissions will be evaluated.

To establish a breach of the standard of care, expert testimony is often required. An experienced board-certified orthopedic personal injury lawyer can help identify qualified experts who can testify about what should have been done differently by the defendant.

The expert witness will compare the defendant’s actions to those of a competent healthcare professional with similar training and experience. They will assess whether there was any deviation from accepted medical practices that directly contributed to the orthopedic injury.

It is important to note that just because an unfavorable outcome occurred does not automatically mean there was a breach of the standard of care. Medical procedures come with inherent risks, and it must be shown that negligence or substandard treatment caused harm beyond what would typically be expected.

Proving a breach in the standard of care requires thorough investigation, review of medical records, and consultation with knowledgeable experts who can provide unbiased opinions based on industry standards.

Establishing a breach in the standard of care is essential in an orthopedic injury lawsuit as it forms one pillar for proving negligence on behalf of healthcare professionals or providers involved in your case. With expert testimony and careful examination of medical records, you can present compelling evidence supporting your claim for compensation for damages suffered due to substandard treatment or negligent actions during your orthopedic procedure or treatment plan.

Which United States cases and settlements involving orthopedic injuries are noteworthy?

Due to the fact that orthopedic injury lawsuits usually involve claims of negligence, product liability, and medical malpractice, this area of the law is still expanding. Orthopedic injuries and medical equipment have been the focus of recent high-profile litigation and settlements and are a specialty of the board-certified personal injury lawyers at Aaron Herbert Law Offices.

By way of example, the 2010 DePuy ASR hip implant recall, which was brought about by a high failure rate and complications, was one noteworthy instance. Many implant recipients have filed suits against Johnson & Johnson, the manufacturer, alleging that the company was aware of the problems but failed to notify patients and healthcare providers. The fact that Johnson & Johnson paid more than $1 billion to settle the cases in 2016 highlights the importance of lawsuits alleging malpractice in orthopedic surgery.

Another example is the Zimmer NexGen knee implant was also the target of recalls and legal action because of its high failure rates and consequences. The importance of orthopedic lawsuits involving defective medical devices was highlighted in 2015 when Zimmer consented to pay $314 million to settle related disputes.

Numerous orthopedic injury cases involving sports and accidents have also been reported, along with legal challenges pertaining to medical devices. For example, a jury awarded $56 million to a woman who suffered several orthopedic impairments and a traumatic brain damage in a truck driver-related car accident in 2019. The award demonstrated the possible results of an orthopedic litigation by covering medical costs, lost income, and mental distress.

A recent settlement was reached in 2021 in a special case brought by former NFL players who sustained orthopedic ailments while playing on artificial grass. The significance of orthopedic litigation in relation to sports-related injuries is illustrated by the $790 million orthopedic settlement, which provides funds for players with joint injuries, arthritis, and other orthopedic concerns.

Expert witness testimony

Expert witness testimony plays a crucial role in proving an orthopedic injury lawsuit in Texas. These witnesses are professionals with specialized knowledge and experience in the field of orthopedics, making them valuable sources of evidence during legal proceedings.

When presenting expert witness testimony, it is important to establish their qualifications and credentials. This helps to build credibility and ensures that their opinions hold weight in the courtroom. Board certified personal injury lawyers or board certified orthopedic personal injury lawyers can provide expert witness testimonies based on their expertise and years of experience handling similar cases.

During trial, these experts may explain complex medical concepts related to the specific orthopedic injury at hand. Their testimony can shed light on how the injury occurred, its impact on the plaintiff’s life, and factors that contributed to any long-term effects or disabilities.

Expert witnesses can also address questions regarding standard of care within the medical community. They may discuss whether proper protocols were followed by healthcare providers involved in diagnosis, treatment, or surgery related to the orthopedic injury.

Additionally, expert witnesses can offer opinions about causation – linking the defendant’s actions (or lack thereof) directly to the plaintiff’s injuries. This requires a thorough analysis of medical records and documentation as well as familiarity with applicable laws and regulations pertaining to orthopedic care.

The value of expert witness testimony lies not only in their ability to provide objective analysis but also in effectively communicating complex information to jurors who may have limited understanding of medical terminology or procedures. As such, skilled attorneys will work closely with these experts during trial preparation sessions to ensure clear delivery of key points without overwhelming jurors with technical jargon.

Expert witness testimony serves as a critical tool for establishing liability and supporting compensation claims in Texas orthopedic injury lawsuits. By relying on these knowledgeable professionals’ insights, plaintiffs can strengthen their case by providing compelling evidence that supports allegations against negligent parties responsible for causing harm through acts or omissions related specifically to orthopedic care.

Medical Records and Documentation

Medical Records and Documentation play a crucial role in proving an orthopedic injury lawsuit in Texas. These records serve as concrete evidence of the injuries sustained, the treatment received, and the overall impact on the victim’s health.

When building a strong case, it is essential to gather all relevant medical records, including hospital admission documents, surgical reports, diagnostic test results, rehabilitation progress notes, and any other documentation related to the injury. This comprehensive collection helps establish a clear timeline of events and provides valuable insight into the severity of the injury.

In addition to medical records, it is important to obtain expert opinions from board-certified orthopedic specialists who can review these documents and provide professional analysis regarding causation and standard of care. Their testimony carries weight in court proceedings and can significantly strengthen your case.

Furthermore, photographs or videos documenting visible injuries can further support your claim. These visual aids offer undeniable proof of physical harm suffered due to negligence or misconduct.

Witness testimony also plays a vital role in bolstering an orthopedic injury lawsuit. Statements from individuals who witnessed the accident or were present during critical moments leading up to or following it can provide invaluable corroboration.

Lastly; keeping track of employment records detailing lost wages due to inability to work as well as any financial expenses incurred because of medical treatments will demonstrate both economic damages caused by the injury and its subsequent impact on daily life.

By presenting thorough medical records and supporting documentation along with expert witness testimonies,, photographic evidence , reliable witness accounts, and financial documentation; a compelling argument for fair compensation can be made demonstrating that fault lies with those responsible for causing such egregious harm

Photographic and video evidence

Photographic and video evidence can play a crucial role in proving an orthopedic injury lawsuit in Texas. These types of visual documentation can provide undeniable proof of the extent of the injury, depicting the physical damage sustained by the plaintiff.

In personal injury cases, it is often said that “a picture is worth a thousand words.” This holds true for orthopedic injury lawsuits as well. Photographs taken immediately after an accident or during medical treatment can capture important details such as bruising, swelling, or visible fractures. These images serve as powerful evidence to support the plaintiff’s claim.

Similarly, videos can be instrumental in demonstrating how an accident occurred and how it directly resulted in the orthopedic injury. For example, security camera footage from a store or dashcam recordings from a car accident can provide clear visuals of the incident itself.

Additionally, videos showing the impact of the injury on daily life activities and mobility can further strengthen the case. They allow jurors to witness firsthand any limitations imposed by the orthopedic injury and understand its profound impact on quality of life.

It is essential to ensure that photographic and video evidence is properly authenticated and admissible in court. Working closely with an experienced board-certified personal injury attorney specializing in orthopedic injuries will help navigate through these legal requirements effectively.

Photographic and video evidence holds immense value when presenting an orthopedic injury lawsuit in Texas courtrooms. Its ability to visually depict injuries, document their progression over time, demonstrate liability for accidents, and showcase their impact on daily life makes it indispensable for building a strong case for compensation.

Witness testimony

Witness testimony is a critical aspect of proving an orthopedic injury lawsuit in Texas. When it comes to personal injury cases, the accounts provided by witnesses can significantly impact the outcome of the case. These witnesses may include individuals who witnessed the accident or those who have knowledge about the events leading up to it.

In a board certified orthopedic personal injury lawyer’s arsenal, witness testimony can provide valuable insights and corroborate your version of events. Witnesses can help establish important details such as how the accident occurred, who was at fault, and whether there were any contributing factors that led to your orthopedic injury.

It is essential to gather witness statements as soon as possible after an incident occurs. The more time that passes, the higher likelihood there is for memory distortion or potential loss of contact information for key witnesses. Additionally, eyewitnesses’ recollections tend to be most accurate when they are interviewed close in time to the event.

Having credible and unbiased witnesses supporting your claim strengthens its validity immensely. Their testimonies can lend credibility and support crucial elements required for a successful orthopedic injury lawsuit.

Witness testimony plays an integral role in proving an orthopedic injury lawsuit in Texas. It adds weight and credibility to your case by providing firsthand accounts of what transpired during the incident leading to your injuries.

Employment and Financial Records

Employment and financial records play a crucial role in proving an orthopedic injury lawsuit in Texas. These records provide valuable evidence of the impact the injury has had on the victim’s ability to work and earn a living.

When building your case, it is important to gather documentation that demonstrates the individual’s employment history, including job titles, salary information, and any promotions or advancements they may have received. This helps establish their earning capacity prior to the injury.

Financial records such as tax returns, bank statements, and pay stubs are also essential in showing any loss of income or additional expenses incurred as a result of the orthopedic injury. These documents help paint a clear picture of how the injury has affected their financial stability.

In addition to documenting current financial losses, it is important to consider future economic damages resulting from diminished earning capacity or disability caused by the orthopedic injury. Expert witnesses can assist in calculating these potential future losses based on various factors like age, occupation, and life expectancy.

By presenting comprehensive employment and financial records as part of your evidence package in an orthopedic injury lawsuit in Texas, you strengthen your case and demonstrate the true extent of the victim’s economic hardships resulting from their injuries.

Pain & suffering Documentation

Pain and suffering documentation is a crucial aspect of proving an orthopedic injury lawsuit in Texas. When seeking compensation for your injuries, it is essential to provide evidence that demonstrates the extent of your pain and suffering resulting from the accident or incident.

One way to document your pain and suffering is through medical records. These records should detail any treatments you have undergone, such as surgeries, injections, or physical therapy sessions. Additionally, they should include descriptions of your symptoms and any limitations you experience due to the injury.

Photographic and video evidence can also be powerful tools when documenting pain and suffering. Capturing images or videos of visible injuries, bruising, swelling, or scars can help paint a vivid picture of the physical impact on your body. Furthermore, visual evidence can convey the emotional toll that chronic pain has taken on your overall well-being.

Another valuable source of documentation is witness testimony. Friends, family members, coworkers, or healthcare providers who have observed how the injury has affected you personally may be able to provide compelling accounts of your pain levels and changes in behavior or quality of life.

In addition to these sources of documentation, it’s important to keep track of employment records that show missed workdays due to the injury’s impact on functionality and ability to perform daily tasks effectively. Financial records indicating additional expenses related to medical treatment can also support your claim for damages.

Proving pain and suffering requires thoroughness in documenting every facet impacted by an orthopedic injury – not only physical but also psychological effects such as anxiety or depression caused by chronic discomfort.

By compiling comprehensive documentation supporting each element required for proving an orthopedic injury lawsuit in Texas – including pain and suffering – you strengthen your case significantly while pursuing fair compensation for damages incurred.Quality of Life Impact

When it comes to an orthopedic injury lawsuit in Texas, one crucial aspect that is considered is the impact on the individual’s quality of life. Orthopedic injuries can have a profound effect on a person’s daily activities, hobbies, and overall well-being.

Imagine not being able to participate in your favorite sports or activities due to a broken bone or spinal injury. The limitations imposed by such injuries can be devastating and may result in long-term physical and emotional consequences.

Recovering from an orthopedic injury takes time, patience, and often involves multiple surgeries or extensive rehabilitation. This process can significantly disrupt one’s personal and professional life. A once active individual may find themselves unable to perform their job duties or engage in social gatherings like they used to.

The pain and discomfort caused by these injuries can also lead to psychological distress such as anxiety or depression. Adjusting to a new way of living with limited mobility can take a toll on mental health as well.

Furthermore, orthopedic injuries often require ongoing medical care and treatment which adds financial burden on top of the physical challenges already faced by the injured party. Medical bills, therapy costs, and lost wages due to inability work are just some of the factors that negatively impact someone’s quality of life after an injury.

Understanding how an orthopedic injury affects an individual’s quality of life is vital when presenting evidence for an injury lawsuit. It helps paint a complete picture for the court about the extent of damages suffered by the victim both physically and emotionally. By highlighting this aspect effectively with supporting documentation and expert testimonies, it strengthens their case for compensation they deserve under Texas law.

Damages calculation

When it comes to an orthopedic injury lawsuit in Texas, one key aspect that needs to be addressed is the calculation of damages. This refers to determining the financial compensation that the injured party is entitled to receive as a result of their injuries.

To calculate damages, various factors are taken into consideration. These may include medical expenses incurred for treatment and rehabilitation, both current and future. It also takes into account any loss of income or earning capacity due to the injury.

In addition, damages calculation considers non-economic factors such as pain and suffering endured by the victim. This can be a challenging aspect as there are no set guidelines for placing a monetary value on intangible losses.

The expertise of an experienced orthopedic injury attorney becomes crucial during this stage. They will gather all relevant evidence and documentation necessary to build a strong case for maximum compensation.

It’s important to note that every case is unique, and therefore damages must be calculated based on specific circumstances surrounding each individual case. An expert witness may also provide invaluable testimony regarding potential long-term effects on quality of life.

Proper assessment and precise calculations play a vital role in ensuring fair compensation for victims who have suffered from orthopedic injuries caused by negligence or malpractice.

Negligence

Negligence is a key element in proving an orthopedic injury lawsuit in Texas. In simple terms, negligence refers to the failure of a person or entity to exercise reasonable care, resulting in harm or injury to another individual. When it comes to personal injury cases, including orthopedic injuries, establishing negligence is crucial for the plaintiff’s success.

To prove negligence, you must demonstrate four essential elements: duty of care, breach of duty, causation of injury, and damages. First and foremost, it must be established that the defendant owed a duty of care towards the plaintiff. In an orthopedic injury case, this could involve ensuring safe conditions during surgery or providing proper instructions for postoperative care.

The next step is showing that the defendant breached their duty by failing to meet the required standard of care. This can include actions such as inadequate training or supervision during medical procedures or ignoring warning signs that could have prevented further harm.

Causation plays a vital role in proving negligence as well – you need to establish that the defendant’s breach directly caused your orthopedic injury. This may require expert testimony from medical professionals who can provide insight into how specific actions led to your condition.

Damages must be proven – both economic and non-economic – which resulted from the negligent act. Economic damages typically cover medical expenses and lost wages while non-economic damages encompass pain and suffering or loss of enjoyment of life.

Proving negligence requires thorough investigation and compelling evidence collection. It’s important to consult with an experienced board-certified personal injury attorney specializing in orthopedic injuries who can guide you through each step while building a strong case on your behalf.

Statute of limitations compliance

When pursuing an orthopedic injury lawsuit in Texas, one crucial aspect to consider is the statute of limitations. This refers to the time limit within which a legal action must be filed. Failure to comply with this timeline can result in your claim being dismissed by the court.

In Texas, the statute of limitations for personal injury cases, including orthopedic injuries, is generally two years from the date of the incident or discovery of the injury. However, there are exceptions that may alter this timeframe.

It’s important to consult with a board-certified personal injury lawyer who specializes in orthopedic injury cases as soon as possible after your accident or diagnosis. They will guide you through understanding and complying with these strict deadlines.

Additionally, gathering all necessary documentation and evidence early on will help bolster your case before reaching any potential deadlines. This includes medical records and bills related to your orthopedic treatment and any other relevant documents like accident reports or witness statements.

Remember that each case is unique, and factors such as delayed onset of symptoms or misdiagnosis could potentially impact when you discover your injury. It’s crucial not to wait too long before seeking legal advice.

Navigating the complex legal landscape surrounding statute of limitations compliance requires expertise and knowledge specific to orthopedic injuries in Texas. By working with an experienced attorney familiar with these laws, you can ensure that you meet all necessary requirements within the allotted timeframe for filing a lawsuit.

Trial preparation

When it comes to proving an orthopedic injury lawsuit in Texas, proper trial preparation is crucial. This stage of the process allows your attorney to gather all the necessary evidence and build a strong case on your behalf.

One aspect of trial preparation involves thoroughly reviewing all the medical records and documentation related to your orthopedic injury. These records provide valuable insight into the extent of your injuries, treatments received, and any complications that may have arisen. Your attorney will carefully analyze these documents to uncover any inconsistencies or potential areas of negligence.

In addition to medical records, photographic and video evidence can play a significant role in strengthening your case. Clear images showing the severity of your injuries or demonstrating how they have impacted your daily life can be powerful visual aids for the jury.

Witness testimony is another critical component of trial preparation. Your attorney will work diligently to identify individuals who can testify about the circumstances surrounding your injury, any negligence observed, or how it has affected you physically and emotionally.

Employment and financial records may also come into play during trial preparation. These documents help establish both economic damages (such as lost wages) and non-economic damages (like pain and suffering) resulting from the orthopedic injury.

Expert witness testimony often carries substantial weight in court. Board-certified orthopedic personal injury lawyers can call upon experts within their network who specialize in various aspects of orthopedics – such as surgery techniques or device failures – providing valuable insights that support their clients’ claims.

By meticulously preparing for trial with these key elements in mind, a skilled Texas orthopedic injury attorney maximizes their chances of proving negligence on behalf of their client while seeking fair compensation for their physical, emotional, and financial losses without concluding

Summary of specific facts and circumstances that make injury particularly egregious

Aaron Herbert Law Firm: Top rated Board-Certified Personal Injury Legal Counsel

If you have suffered an orthopedic injury and are considering filing an orthopedic injury claim, you should work with an experienced orthopedic injury lawyer who is familiar with the ins and outs of these types of claims. When it comes to defending clients who have had orthopedic injuries as a result of another person’s negligence or carelessness, The Aaron Herbert Law Firm Law and its affiliated businesses have a wealth of experience. We take into account the possible effects orthopedic injuries may have on sufferers, their families, and society at large.

For a free consultation specific to your orthopedic injury, contact The Aaron Herbert Law Firm Law at (214) 225-6385 or through our websites, https://www.theinjuryattorneyoftexas.com and https://www.theinjuryattorneyofdallas.com. Please consider providing us the authority to ensure that you receive maximum compensation for your orthopedic injury.

To be in position to win a Orthopedic injury lawsuit, presenting evidence that establishes certain key elements is absolutely necessary and imperative to win maximum compensation. These elements help demonstrate the liability of the responsible party and the extent of the injuries our client has suffered. Keep in mind that legal processes can be complex, and it’s crucial to consult with an attorney for guidance tailored to your specific case. Here’s a general outline determined by Aaron Herbert of the key elements necessary to prove an orthopedic injury lawsuit:

1. Duty of Care:
   • Establish that the defendant owed a duty of care to the plaintiff. In personal injury cases, this often involves showing that the defendant had a legal obligation to act reasonably to prevent harm.
2. Breach of Duty:
   • Demonstrate that the defendant breached their duty of care. This could involve showing negligent or wrongful actions on the part of the defendant.
3. Causation:
   • Prove that the defendant’s breach of duty was the direct cause of the orthopedic injury. This involves establishing a clear link between the defendant’s actions and the harm suffered by the plaintiff.
4. Foreseeability:
   • Show that the injuries were foreseeable consequences of the defendant’s actions. In other words, demonstrate that a reasonable person could have anticipated that the defendant’s conduct might lead to harm.
5. Standard of Care:
   • Establish the applicable standard of care in the specific context of the case. This involves showing what a reasonably prudent person would have done in similar circumstances.
6. Expert Testimony:
   • In many orthopedic injury cases, expert testimony may be necessary to explain complex medical issues and establish a connection between the defendant’s actions and the injuries sustained.
7. Medical Records and Documentation:
   • Present medical records, documentation, and expert opinions to support the existence and extent of the orthopedic injuries.
   • Include diagnoses, treatment plans, surgical records, imaging results (X-rays, MRIs), and rehabilitation plans.
8. Photographic and Video Evidence:
   • Use photographs or videos of the accident scene, injuries, surgeries, and rehabilitation to provide a visual representation of the impact of the orthopedic injuries.
9. Witness Testimony:
   • Gather testimony from eyewitnesses who observed the accident or can attest to the extent of the orthopedic injuries.
   • Include statements from medical professionals who treated the plaintiff.
10. Employment and Financial Records:
    • If applicable, provide evidence of how the orthopedic injuries have affected the plaintiff’s employment and financial situation.
    • Include information about lost wages, diminished earning capacity, and the impact on the plaintiff’s ability to perform daily activities.
11. Pain and Suffering:
    • Document the pain and suffering endured as a result of the orthopedic injuries. This may involve personal statements, testimony from the plaintiff, and expert opinions.
12. Life Impact:
    • Demonstrate the impact of the orthopedic injuries on the plaintiff’s quality of life, including limitations on physical activities, emotional distress, and loss of enjoyment of life.
13. Damages Calculation:
    • Provide a clear calculation of the damages sought, including economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, emotional distress).
14. Negligence Per Se (if applicable):
    • If the defendant violated a statute or regulation that directly contributed to the orthopedic injuries, establish negligence per se, making the case stronger.
15. Statute of Limitations Compliance:
    • Ensure that the lawsuit is filed within the applicable statute of limitations for personal injury cases in the jurisdiction.
16. Preparation for Trial:
    • Prepare thoroughly for trial, including the selection of a compelling legal strategy, effective presentation of evidence, and skilled courtroom advocacy.

Remember, the success of an orthopedic injury lawsuit often depends on the specific facts and circumstances of the case. Consulting with a knowledgeable personal injury attorney is essential to building a strong case and navigating the legal complexities associated with orthopedic injury claims.

Double indemnity is a type of clause often found in life insurance policies. It is a provision that allows a claimant to recover additional money – generally, a double payout – in the event of an accidental death. Unfortunately, insurance companies often prevent clients from receiving the financial recovery they deserve through double indemnity clauses, such as by making it hard to prove that a death was accidental. You may need help with double indemnity from a personal injury lawyer.

What Is Double Indemnity?

Double indemnity refers to a life insurance policy provision that allows claimants to receive larger payouts if the insured individual died as a result of an accident or unintentional injuries. In most cases, double indemnity allows for double or even triple payouts. A death may be classified as accidental for insurance purposes if it stems from any of the following circumstances:

• Act of violence/homicide
• Car or truck accident
• Choking or suffocation
• Defective product or machinery incident
• Drowning
• Exposure to toxic substances
• Medical malpractice
• Slip and fall accident
• Workplace incident

Obtaining benefits through a double indemnity clause generally requires proof that the death was accidental. This may take evidence such as a police report, a coroner’s report, expert witness testimony and medical records. You and your family may also have to go up against the insurance company with a lawsuit to obtain the financial compensation you deserve through a double indemnity clause.

While your insurance company may try to argue over the accidental nature of a death, most policies will have some clear exclusions. Double indemnity normally does not cover any of the following:

• Suicide,
• Heart disease,
• Cancer,
• Long-term illness or disability,
• Negligence of the insured, and
• Murder caused or conspired to by a beneficiary of the policy.

If the cause of your loved one’s death is unknown or undetermined, the insurer is not yet required to pay the claim. However, once the majority of evidence shows the insured died of accidental causes, then the insurance company will need to pay.

How Does Double Indemnity Insurance Work?

Double Indemnity Clause

To clarify, a double indemnity clause is language within an insurance policy specifying that double indemnity applies to the contract. This means that if an insurance policy includes a double indemnity clause, the insurer must pay at least double the limits of the policy upon the accidental death of the insured party. Some double indemnity policies require insurers to pay three or more times the policy limit upon the insured’s accidental death.

Accidental Death 

A unique feature of double indemnity is that the insured’s death must be accidental for the insurance company to pay the claim. In the United States, accidental death is the fourth leading cause of death. However, only 5% of all deaths each year are accidental. Hundreds of thousands more people die of heart disease and cancer. Because of this relatively low incidence of accidental death, insurance companies rarely have to pay out double indemnity claims.

Double indemnity policies can be an integral part of a wrongful death lawsuit. The evidence used to prove accidental death for the claim may also be used in the lawsuit. If you are facing the challenge of navigating both a wrongful death lawsuit and a double indemnity insurance policy, speak with experienced legal counsel right away. Our team at The Law Office of Aaron Herbert can help you.

What Issues Might You Encounter With a Double Indemnity Clause?

It is important to realize that the insurance company receiving your claim does not want to maximize your payout. It wants to pay you as little as possible to protect its own profits. The insurance company can come up with many reasons to deny a double indemnity clause. One of the most common excuses is that the death was not accidental. It may be up to you or your personal injury attorney to prove that it was accidental and that you qualify for double indemnity under the insurance policy. Another excuse insurance companies often give is that the death qualifies as a policy exception. Read the fine print of your life insurance policy to understand the exceptions to your double indemnity clause. Common exceptions are deaths caused by suicide, the decedent’s own negligence or intoxication, natural causes, and murder by one of the beneficiaries listed on the policy. Finally, your double indemnity clause may be denied if the insurance company is guilty of bad faith. Insurance bad faith is the rejection of benefits or diminishment of a client’s payout without a valid reason. An insurance company may be guilty of bad faith if it knowingly or intentionally mishandles your claim to protect its own profits. If you suspect insurance bad faith, contact an attorney for assistance with a separate bad-faith claim.

What Should You Do If Your Insurance Company Denies Your Claim?

Outright Denials of a Double Indemnity Claim

Even when it is clear that a death was accidental, as in the case of a well-documented motor vehicle accident, insurance companies often try to avoid paying claims. However, you can dispute the denial of a double indemnity claim. Your policy may explain the dispute process, and an experienced lawyer can help.

When the insurance company denies a claim, the burden is on you to challenge the denial. Sometimes, you can challenge the denial of double indemnity with further evidence of accidental death. Sometimes, a resolution can be negotiated out-of-court in a settlement. Speak with a knowledgeable wrongful death attorney to understand your rights.

Bad Faith Denials of Double Indemnity Claims

In cases where a death certificate lists an undetermined or ambiguous cause of death, an insurance company may deny a double indemnity insurance claim before waiting for all the evidence. If a reasonable insurance company would have honored the claim, you may have a claim against the insurance company for bad faith.

Indications that your insurance company is acting in bad faith include:

• Claim denials without explanation or with no reasonable explanation,
• Unusual or unnecessary delays in processing claims and communications, and
• Unreasonably low offer to settle your claim.

Even if your insurance company makes you an offer to settle, you are under no obligation to accept it.

Why You Should Hire a Lawyer to Handle Double Indemnity Claims

When you are seeking double indemnity after a loved one’s death, having an attorney to guide you through the claims process can be an invaluable resource. An experienced wrongful death attorney should be prepared to fight all the way to court for you against an insurance company that denies rightful payment of accidental death claims. With knowledgeable legal representation, you can improve your chances of receiving the double indemnity compensation you are owed after a devastating accidental death.

How to Handle Your Life Insurance Claim

If you are filing a claim to recover benefits under a double indemnity clause, be careful what you say to the representative in charge. Remember, the insurance company does not have your family’s best interests in mind. Before you accept a life insurance settlement, bring the offer to a personal injury lawyer to confirm that it is a fair and full amount. A lawyer can help you negotiate with the insurance company for a fair payout or appeal a denied claim, if applicable.
If your loved one recently passed away under unexpected or preventable circumstances, consult with a wrongful death attorney about your family’s legal rights. An attorney can guide you through a double indemnity clause in your loved one’s life insurance policy and/or represent you during a wrongful death lawsuit in Dallas. An attorney can also help you with an insurance bad-faith claim if your double indemnity clause is wrongfully denied. Learn more today by contacting The Law Firm of Aaron A. Herbert, P.C.

A back injury’s effects can radiate into other areas of your life.

Devastating impairments can make you unable to play with your children, walk your dog, or engage in many pre-injury activities that fulfill you.

The accident wasn’t your fault, and you shouldn’t have to “just live with” the consequences. You deserve justice and compensation. 

The Law Office of Aaron Herbert helps you understand how much to expect from a back injury settlement.

We’re available to answer your questions and to help you take the next steps to protect your legal rights and hold the at-fault party accountable. 

What Types of Compensation Can I Receive for My Back Injury in Texas?

Under Texas law, you may be entitled to receive economic and noneconomic damages.

In rare situations, the court may award you exemplary (also called punitive damages). If your employer subscribes to workers’ compensation insurance, it may cover your back injury. 

Let’s explore each of these in more detail. 

Economic Damages

A back injury can impose a significant financial burden on you and your family. You may require surgeries and rehabilitative care.

Even if you have insurance, the immense cost of medical care can overwhelm even the most careful spenders. 

Economic damages seek to address the unjust financial cost that the accident has on you. It covers expenses like medical care, lost wages, and prescriptions.

Note that Texas limits your recovery for economic damages to those you incurred. An attorney can help you understand what this means and how to maximize your monetary recovery. 

Noneconomic Damages

Back injuries don’t just hurt you physically; they impact your quality of life. Often, back injury victims can’t engage in meaningful, pre-accident activities.

On top of dealing with the physical pain, they must endure the terrible emotional and psychological impact of not being able to do what they could before the accident. 

Noneconomic damages compensate you for these losses by providing you with a financial award.

This type of damages award includes pain and suffering and loss of enjoyment of life.  

Exemplary Damages

Exemplary damages punish the defendant for egregious or intentional conduct resulting in an injury.

Additionally, they function to deter this and future defendants from engaging in the same or similar behavior. 

Exemplary damages are reserved for extraordinary circumstances where ordinary damage awards don’t fully address what occurred. 

Workers’ Compensation

How much to expect from a back injury at work settlement first depends on two main things:

1. If your employer subscribes to workers’ compensation insurance (which isn’t required for all employers under Texas law); and
2. If the accident occurred while you were working within the scope of your employment. 

If your employer subscribes to workers’ compensation insurance, then Texas Workers’ Compensation Law determines how much you can obtain.

If your employer is a non-subscriber, you may be able to pursue a lawsuit against your employer if their negligence resulted in your injury.

A workplace accident lawyer can help you explore your options in this respect. 

Factors that Determine How Much to Expect from a Back Injury Settlement

The amount of money personal injury victims receive for their injuries varies.

For example, how much to expect from a permanent back injury settlement is probably much higher than for a temporary injury. 

Factors that impact how much you can receive include:

• The severity of the back injury; 
• Your likelihood of making a full recovery; 
• The impact that the accident and injury has on your life; 
• The circumstances surrounding the accident; and 
• The applicable law. 

A personal injury attorney can evaluate your case and determine what you might expect to receive if you pursue a claim against the at-fault party. 

Law Office of Aaron Herbert—Fighting for Texans for Over 20 Years

We’re Texans through and through.

We’re tenacious fighters who aren’t afraid to go up against faceless insurance companies and big corporations to protect your rights.

Our team includes Board Certified personal injury trial lawyers with years of experience. 

If you suffered a back injury and want to know your claim’s worth, call us today at 214-200-4878 or contact us online. We’ll fight for every cent that you’re owed. 

A car accident can take an emotional, physical, and financial toll on a person’s well-being.

This is especially so in the case of a drunk driving accident. 

The average settlement for a drunk driving accident can fluctuate widely depending on the circumstances of the crash.

There is not necessarily an average settlement amount, and trying to quote one is misleading because so many factors can dramatically change the compensation you might recover. 

Factors That Affect Your Settlement Amount

If you were hit by a drunk driver, the settlement amount would depend on multiple factors.

You are allowed to recover economic and non-economic damages—and in some rare instances, victims can recover punitive damages as well. 

Economic Damages

Economic damages are more simple to calculate than non-economic damages because they are direct losses that are reflected in invoices, receipts, and pay stubs.

Under this category, you might recover financial compensation for:

• Lost wages, 
• Medical bills, and
• Property damage. 

For example, you can recover compensation for the cost of repairs to your vehicle. You could also get compensated for medical expenses, including expected future medical expenses.

These amounts vary greatly from case to case, making the ​​average personal injury settlement for a drunk driving accident a very wide range.

Non-Economic Damages

Non-economic damages are more subjective and are a little harder to calculate than economic damages.

They include less tangible losses such as:

• Pain and suffering, 
• Disfigurement,
• Emotional distress,
• Loss of enjoyment of life, and
• Loss of consortium. 

It is challenging to estimate your non-economic damages because there are no receipts upon which to base your calculations.

As you can see, the amount of compensation for being hit by a drunk driver can be arduous to calculate.

Consider reaching out to an experienced lawyer for further guidance on what factors might affect your settlement. 

Punitive Damages

Punitive damages are another reason why there is not necessarily an average settlement for a drunk driving accident. This type of damage award isn’t intended to compensate you for losses.

Instead, the intention is to punish a particularly egregious wrongdoer and to have a deterrent effect on future drunk drinking.

So punitive damages only apply in rare instances where the driver’s behavior was more than negligent—their actions must have been especially wrongful or willfully malicious for punitive damages to apply.

Insurance Requirements in Texas

The current minimum car insurance requirements in Texas follow the 30/60/25 rule.

This means that according to Texas law, every driver must have the following:

• $30,000 in coverage for injuries for each person, 
• $60,000 in coverage total for every accident, and
• $25,000 in coverage for property damage. 

If the other driver was not insured, you might recover damages from the uninsured driver if they have the money to pay a judgment.

If not, you might also be able to recover damages from your own uninsured motorist coverage. 

At-Fault Laws in Texas 

Texas is an at-fault state as opposed to a no-fault state. In an at-fault state, the driver who is responsible for the accident has to pay for the damage caused.

Their insurance will pay for medical bills and other expenses. In no-fault states, drivers must have car insurance that includes personal injury protection (PIP). 

Texas also follows modified comparative fault rules. This means that the victim is limited in their recovery if they are partially responsible for the crash.

Under Texas law, if the plaintiff is responsible by 51% or greater, they will not be able to recover damages. 

If you have additional questions or are seeking further clarification, contact our knowledgeable attorneys at Aaron A. Herbert, P.C. today.

We can help you recover the compensation you deserve after a drunk driving accident. 

How We Can Help You

If you have suffered injuries due to a drunk driving collision in Texas, the Law Firm of Aaron A. Herbert, P.C. are here to fight for you.

You don’t need to accept a low offer. Our lawyer is a Marine Corp veteran and will aggressively advocate for you. 

At our firm, we have expertise in car accidents, trucking accidents, motorcycle accidents, and more.

Don’t hesitate to reach out to our attorney ​​Aaron Herbert at 214-336-4004 today for more information. 

Nearly any type of forceful impact, such as a car accident or slipping on pavement, can result in a broken leg.

And unfortunately, a broken leg can disrupt a person’s life and cost thousands in medical treatments.

How medical professionals choose to mend a broken leg depends on the fracture’s severity.

Sometimes, a break can even be bad enough to require surgery and implant devices like screws or pins to keep the bones aligned while they heal.

Even when a fracture doesn’t require surgery, a broken leg can still limit a person’s ability to work or participate in their normal daily activities.

The good news is that Texas allows victims to recover personal injury damages for a broken leg caused by an accident.

Since you’re probably wondering what an average settlement amount for broken leg injuries in Texas is, read on for more information.

Average Settlement for Broken Leg

The average personal injury settlement for a broken leg varies. Settlement values for a fibula or tibia fracture in a personal injury lawsuit can hover around $70,000 to $90,000.

The average settlement for broken femur injuries can be between $150,000 to $175,000.

Generally, if someone else’s negligence caused your broken leg, the compensation you ultimately collect depends on numerous factors.

The most common factors that determine how much compensation you receive are:

• The kind of leg fracture you suffered. Whether you fractured your tibia, fibula, femur, or all three, and whether your injury requires surgery, makes a difference. The average settlement for broken femur injuries requiring a cast alone will be lower than the average settlement for broken leg with surgery.
• The effect the fracture has on your life. If you miss time from work or can no longer enjoy beloved pastimes, your settlement amount might be higher.
• How much your medical treatments cost. If your injury was severe enough to require extensive surgery, multiple doctor visits and scans, and physical or occupational therapy, your settlement might increase.
• Whether you can establish the defendant’s liability. Evidence, like a police report or witness testimony, will help show the defendant is liable for the accident. Clearly establishing the defendant’s liability may result in a higher settlement amount, while a lack of evidence may result in a lower settlement amount.

If you’ve suffered a broken leg, the best way to know how much your settlement might be worth is to speak with an experienced personal injury attorney.

A personal injury attorney can help you evaluate all of your options and help you get a fair settlement amount from the insurance company.

The Law Firm of Aaron A. Herbert, P.C. Can Help You

If someone else’s negligence caused you to break your leg, you have every right to pursue a personal injury settlement that will cover all your losses.

At the Law Firm of Aaron A. Herbert, P.C., we understand the long-term and short-term effects a broken leg has on your life.

When you hire us for your personal injury broken leg case, we will fight for you to receive maximum compensation.

We aren’t afraid to use aggressive legal strategies when dealing with insurance companies.

We will take the time to tailor our services to your specific case and provide you with the one-on-one attention you deserve.

Let us deal with your broken leg case so you can focus on recovering. Contact us today to schedule a free case evaluation. 

It can be extremely challenging when you have suffered a herniated disc from a car accident.

An injury like this can turn your life around, making it difficult to work, drive, or enjoy hobbies.

You may wonder how much of a settlement to expect for a herniated disc.

Our lawyers at the Law Offices of Aaron A. Herbert, P.C. can help you determine what settlement amount you might receive.

What Is a Herniated Disc?

Discs are essentially cushions between all of your spinal vertebrae. A herniated disc is one that has slipped because it has moved through the spine.

This primarily will cause pain in your lower back but can also affect other parts of your body.

Factors That Alter Settlement Amounts

If you have a herniated disc from a car accident, the settlement varies depending upon multiple factors that impact what an insurance company might offer you.

There isn’t any average amount that a lawyer can guarantee, but there are ways to start determining a good estimate.

You can use a herniated disc settlement calculator, but they can only provide a general estimate. Your lawyer will consider the factors listed below when assessing what your case might be worth.

The Circumstances of Your Accident

The specifics of what happened to you can change the amount of your settlement.

For example, it will likely positively affect your settlement amount if you were not even partially at fault for the crash.

The Severity of Your Injuries

Injuries can vary in severity. One example is cervical disc herniation which can be mild, deadly, or anywhere in between.

Herniated disc injuries may require physical therapy alone, or they might require surgery as well. These injuries might also cause varying levels of pain and could cause chronic pain in some individuals.

Whether or not you suffer an ongoing disability can also affect your settlement amount.

If you suffered a herniated disc in a car accident, the settlement amount might be tricky to determine on your own. Reach out to our knowledgeable attorneys for guidance today.

Evidence You Have Collected

The evidence you’ve been able to gather could be crucial in determining your settlement amount.

Take photos of your injuries and attend necessary medical appointments. You may also want to write down some notes about what happened.

Economic Damages

You can collect economic and non-economic damages. Economic damages are tangible and more straightforward to calculate.

They include lost wages, medical bills, and other more quantifiable losses.

Non-Economic Damages

Non-economic damages are more subjective and less tangible than economic ones. Therefore, they are more difficult to determine.

This category includes damages such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

All these damages could be a part of your herniated disc car accident settlement.

How We Can Help You

If you have suffered a herniated disc from a car accident, don’t hesitate to reach out to us.

Our experienced lawyers can assist you further in determining how much of a settlement to expect for a herniated disc.

Our Texas attorney Aaron Herbert is known as one of the most aggressive personal injury lawyers in the country. We will fight to help you recover the compensation that you need.

At Aaron A. Herbert, P.C., we have extensive experience in construction accidents, trucking accidents, and more.

Feel free to call us today for more information on how we can help you at 214-336-4004.

In Texas, the civil justice system works by giving injured accident victims the chance to seek compensation for their losses from negligent parties. If you were recently injured in an accident as a result of someone else’s negligence, that person or party may owe you compensation. You need to understand how much your personal injury claim is worth before you resolve your case. Obtaining an accurate case evaluation can help you demand a fair amount during settlement negotiations. To speak to an experienced personal injury lawyer in Dallas, give us a call. Free consultations offered.

What Are Compensable Losses?

Before you can understand the value of your claim, you must understand the definition of a compensable loss. In a personal injury case, compensable losses are damages you suffered due to the defendant’s negligence or recklessness. They can refer to past and future economic and noneconomic damages. They can also refer to punitive damages, or an award specifically meant to punish a defendant for gross negligence. The average injury claim in Texas involves several types of compensable losses.

• Past and future medical expenses
• Lost wages
• Pain and suffering
• Out of pocket costs
• Property damage
• Lost quality of life
• Loss of consortium or wrongful death damages

The specific compensable losses you can claim depend on the circumstances of your individual case. A lawyer in Texas can help you create a full and accurate list of all the damages you suffered due to the defendant’s actions. From there, your lawyer can help you demand a suitable settlement award to cover the extent of your losses. If a settlement does not properly reimburse you for your losses, your lawyer can take the case to trial instead.

How to Calculate the Value of Your Personal Injury Claim

To evaluate your damages, you and your lawyer will need to analyze what the accident and your injuries have cost you financially, physically and emotionally. This will take an in-depth look at how the accident has impacted you. Your lawyer may start with an overview of all your economic losses. You and your attorney can add up your economic damages using receipts, bills, invoices, pay stubs, medical records and other such documents. Then, your lawyer can help you calculate your noneconomic damages using an appropriate method.
There are two basic ways a jury will calculate noneconomic damages, or pain and suffering. The first and most common is the Multiplier Method. With this method, the jury will multiply your total amount of economic damages by a number that represents the severity of your injuries. The second method, the Per Diem Method, multiplies a daily amount (often equivalent to the victim’s daily wage) by the number of days the victim will reasonably experience pain and suffering. A lawyer can help you estimate an appropriate amount to claim in noneconomic damages during your case.

What Factors Can Affect the Value of Your Personal Injury Claim?

Many different factors can change how much you receive from an insurance settlement or injury lawsuit in Texas. The amount of medical treatment you will need throughout your lifetime due to the accident, for example, can determine how much someone owes you in past and future health care costs. The amount of money you used to make at your job before the accident can impact your lost wage claim. Many other factors, such as your age, health, and the amount of pain and suffering you endured, could also affect the value of your case.
Liability is another issue that could impact the value of your case. If you can hold two or more parties liable, you can increase your chances of securing full compensation for your losses. If the other party is disputing liability, however, this could reduce your compensation. The comparative negligence defense in Texas could reduce your award amount by a percentage equivalent to your fault for the accident. It can be difficult to understand the value of your personal injury claim. The best way to obtain an accurate estimate is by speaking to an attorney.

During a personal injury claim in Dallas, the insurance company responsible for assessing your eligibility for benefits will not want to maximize your payout. Diminishing your injury claim is the insurance company’s main mission. One thing an insurance company may use to investigate your claim is your social media accounts. Be careful what you post, as it could be used as evidence against you.

Social Media Is Admissible Evidence

Your social media profiles are not off-limits during a personal injury claim. Even if you have your account set to private, everything you post is accessible to an investigator. This includes private messages and posts you have deleted. If an insurance company finds evidence on your social media accounts that is relevant to your case, it can submit it to the courts. Social media accounts are a form of electronic records that are considered written documents under Texas law. This makes anything you post on social media admissible as evidence in court.

How Can Posting On Social Media Hurt Your Claim?

Posting things on social media after an accident may seem harmless. After all, it is not on official record and it is used for personal reasons. Since an insurance company can use social media content as evidence against you, however, it is important to recognize the power of what you post. Many accident victims make the mistake of posting things on social media that diminish the values of their injury claims.

• Information about the case. It is natural to want to talk about your recent accident or injury on social media. Try to avoid posting any information about your case until it is over, however. An insurance company can compare what you post to the facts reported on your claim. Even a minor contradiction could ruin your reliability and hurt your chances of recovering damages.
• Photographs of you out with friends. Posting pictures out and about with your friends on Facebook or Instagram could show an insurance company that your injury is not very serious. Pictures of you enjoying normal life, such as on vacation or at a bar, will contradict your story if you are pursuing compensation for pain and suffering.
• Location check-ins. During your personal injury claim, your goal should be to show an insurance company that the accident interfered with your enjoyment of daily life. Checking in at different locations could go against your injury claim. If you claim you broke your leg, for example, checking in at the gym could show an insurance company that you are physically able to continue your daily tasks.

Insurance companies and defense lawyers will almost always check a claimant’s social media accounts for information or evidence. They will look at sites such as Facebook, Instagram, Twitter and Snapchat for things to use against a client to diminish his or her payout. The best way to protect yourself during an injury claim is not to post anything on social media at all.

Social Media Dos and Don’ts During an Injury Claim

Although it may be difficult to stay off of social media while a personal injury claim is pending, this could be critical for your case. Posting or doing the wrong thing on a social media account could hurt your injury claim.

• Do: change all of your social media settings to private.
• Do not: post anything about your accident or injury.
• Do: screen your friend requests and avoid interacting with people you do not know.
• Do not: respond to any questions or comments about the accident.
• Do: warn friends not to post any photos of you.
• Do not: post new photographs or videos of yourself after your accident.

When in doubt, stay off of social media completely until your case concludes. This is the most effective way to protect your rights. For more assistance protecting yourself during a personal injury claim, hire an attorney to represent you.

If you have been injured in an accident in Texas, you may wonder whether you need to hire a personal injury lawyer. An injury lawyer is a licensed professional who is trained to represent accident victims during insurance claims and lawsuits. You may need a lawyer’s assistance in certain circumstances, such as if an accident gave you serious or catastrophic injuries. Knowing when it is worth it to hire a personal injury lawyer could allow you to properly protect your rights.

When You Need and Do Not Need a Personal Injury Lawyer

Not all cases require personal injury lawyers. You may be able to represent yourself during an injury claim, or handle it pro se, if it is simple and only involves minor injuries. If this is the case, your insurance company or that of the at-fault party may offer a fair settlement award, allowing you to resolve your case without further litigation. You may need an attorney, however, if your case involves complicating factors.

• Serious injuries
• Injuries that will impact you for the foreseeable future
• A permanent disability or debilitation
• Significant scarring or disfigurement
• Thousands of dollars in medical expenses
• Loss of a limb
• Wrongful death
• Multiple defendants
• Liability dispute
• Comparative negligence or assumption of risk defense

If you run into any issues or complications after filing an insurance claim in Texas, contact an attorney to find out if you need legal assistance. Hiring a lawyer may be necessary to work through complex legal processes or problems. It is especially important to contact an attorney if an accident gave you life-altering injuries. A lawyer will give you advice you can trust, including an accurate calculation of the value of your claim.
If your accident was minor and the damages amount to no more than a few thousand dollars, you can most likely handle an insurance settlement on your own. With a minor injury case, the damages are generally not high enough to be worth the costs of hiring a lawyer or bringing a lawsuit. Instead, you should be able to handle the case yourself with the insurance company or in the Small Claims Court. Managing a minor injury case pro se could save you time and money.

How Much Does an Injury Lawyer Cost?

If you do have serious injuries that require expensive medical treatments, hiring a personal injury lawyer can be well worth the costs. A qualified injury attorney can help you estimate your losses, go up against the correct defendant(s) and fight for maximum compensation. Without an attorney representing you, you may not appreciate the full value of your injury claim. You may take an insurance company at its word when it says a settlement is fair when in reality, the insurance company is lowballing your offer to save money. After hiring a lawyer, you can rest assured of the accuracy of your case estimate.
One of the main obstacles that prevent injured accident victims from hiring lawyers is the cost. Most attorneys, however, have flexible financing options for injured claimants. Lawyers know that the average injured party is dealing with expensive medical bills, lost wages and property damage. To make legal representation more affordable, most personal injury lawyers operate on a contingency fee basis. This means the lawyer will only charge legal fees if and when he or she wins the case for the client.
If you hire a lawyer who works on a contingency fee basis, expect to only pay legal fees if your attorney wins a financial award for your case. If not, you generally will not owe any attorney’s fees at the end of your case. If your lawyer does win the case, he or she will subtract legal fees directly from your settlement or jury verdict. This prevents you from ever having to afford a personal injury lawyer out of pocket. Discuss your personal injury case in more detail with an attorney in Texas to ask about the cost of representation.

What Damages Are Available?

• Medical expenses
• Disability-related costs
• Lost wages
• Property damage
• Pain and suffering
• Legal fees
• Travel costs
• Out-of-pocket expenses
• Punitive damages

How Do the Courts Calculate Damage Awards?

• Economic damages. The courts calculate economic damages by adding up the actual expenses related to your accident, such as health care costs and lost wages. They will also take into account any future economic damages connected to a long-term injury.
• Noneconomic damages. The value of noneconomic damages is entirely up to a jury. However, the jury may use a common calculation method, such as multiplying the total amount of economic damages by a number that represents the severity of your injuries.

What Factors Can Affect Your Settlement?

• Injury severity and extent
• The length of time it will take you to recover
• Whether your injury interferes with your ability to work
• Your income before the accident
• Your age and overall health
• Physical pain and emotional distress
• Liability for your injuries
• The amount of insurance coverage available
• Your comparative fault for the accident

Negotiate a Fair Insurance Settlement

Bring Elements of Proof

Preserve Important Evidence

File Within the Deadlines

What Affects the Protectiveness of a Waiver?

The Complexity of Waiver Enforceability in Texas

Always Talk to an Attorney After an Extreme Activity Injury

An accident can cause significant injuries to a victim, leading to expensive medical bills and other related costs. The value of a personal injury claim can be substantial to pay for all of a victim’s past, present and future losses. An insurance company, however, may do everything that it can to limit a victim’s payout, as insurers are for-profit organizations. Here’s what to do if you receive a low insurance settlement offer for your personal injury case.

Be Prepared for a Low Offer

You are already completing the first step by learning more about your rights as a plaintiff. The more you know about what to expect from the insurance process, the more prepared you will be. Know that the insurance company that you deal with after an accident – even if it is your own insurer and you have never missed a payment – is not on your side. Insurance companies look out for their bottom lines more than their clients. Keep this in mind throughout the claims process.
Be prepared for the insurance company’s first settlement offer to be low. This is a tactic that insurance companies use for two reasons: to set the bar low with the expectation that the client will negotiate for a higher amount, and to minimize a client’s payout if he or she does not know how to negotiate. Being prepared for a low settlement offer can prevent you from accepting it, as well as allow you to stay calm and take the correct steps to submit a counteroffer.

Consider Your Options

While it is true that an insurance company’s first offer is generally low, it is still important to take your time and consider the offer against the hassle of countering it and negotiating. Learn what your case is worth by calculating all of the expenses related to your accident, as well as estimating how much you will continue to spend in the future. Then, look at the language of the insurance policy to determine its limits.
You should also consider whether the insurance company has given you a valid reason to decrease your payment. Determine how much more you would need from the insurance company to feel like you have been made whole financially. Weighing all of this against the steps you will need to take to negotiate for a higher offer can help you decide what to do next. Advice from an attorney can also help you make the right choice.

Submit a Formal Counteroffer

If you wish to negotiate with the insurance company for a higher settlement offer, reject the offer correctly. You or your personal injury lawyer will need to draft a formal business letter that makes a case for your counteroffer. Your letter should be clear and concise. It should state that the settlement offer is unacceptable and give an acceptable figure. It should explain why your counteroffer is reasonable and appropriate, giving reasons and explaining your losses and demands. It can also refute the reason the insurer gave for its low offer.
Your counteroffer should be professional. It should not be angry or accusatory in tone. To work toward a reasonable settlement agreement with the insurance company, your counteroffer should be less than your initial demand. This will show the insurance company that you are willing to compromise. It is difficult to say how many counteroffers your case will need to reach an amount that you believe is fair for your injuries and losses. You may never reach this amount, and may need to either accept the settlement or take your case to trial.

Get Assistance From an Attorney

It is important to work with an attorney for assistance rejecting and responding to a low insurance settlement offer. This is a delicate phase of your claim. Once you accept an offer, you cannot reopen your case. Rejecting the offer in the wrong way, however, could make the insurance company less likely to work with you to achieve a reasonable settlement. A personal injury lawyer in Dallas can help you communicate with an insurance company in the most effective way possible.

When you retain an attorney, you become protected by something known as the attorney-client privilege. This is a legal principle that applies to both criminal and civil cases. In simple terms, it is a guarantee that what you say to your attorney remains confidential – it stays only between the two of you. Attorney-client privilege encourages clients to openly share information with their attorneys without fear of it getting back to opposing counsel, allowing the attorney to provide effective legal representation.

How Does the Attorney-Client Privilege Work?

Attorney-client privilege automatically applies when an attorney is communicating with a client or potential client. This includes during free case evaluations, in most cases. In general, the individual must be speaking to a lawyer for the purpose of obtaining legal advice for attorney-client privilege to apply. Speaking to someone who happens to be an attorney at a cocktail party, for example, would not create attorney-client privilege.
The attorney-client privilege applies to conversations with personal injury lawyers, criminal defense lawyers, employment lawyers and all other types of attorneys. The communication in question must be kept only between the client and the attorney, however; no third parties may overhear the conversation, or else the attorney can no longer guarantee attorney-client privilege. This is because the confidentiality between the two parties has been broken by the third party.
When kept only between the client and the attorney, all types of communication are confidential under attorney-client privilege. This includes text messages, emails, letters, voicemails and verbal communication. After a client agrees to work with an attorney – he or she “retains” the lawyer and signs a contract – all information passed between them is safeguarded by the attorney-client privilege.
The attorney-client privilege is typically stated in plain terms in the attorney’s contract, but it may also be created by oral agreement. Even without a written or oral agreement, however, the attorney-client privilege can exist any time a client talks to a lawyer for the purpose of obtaining legal advice with the assumption that it is in confidence.

How Is Attorney-Client Privilege Used?

Attorney-client privilege works by preventing the attorney from diverging information against his or her client. When the opposing party in a case is trying to learn more about the subject at hand, such as during the discovery phase of a personal injury lawsuit, the attorney-client privilege prevents the defense lawyer from questioning the plaintiff’s attorney. Any privileged information between the attorney and his or her client is not discoverable. This makes it possible for a client to speak freely and openly with his or her attorney without fear of the information being given to the opposing side.
Likewise, if questioned about what a client said to his or her lawyer, the client cannot legally be compelled to answer. A client cannot be forced to testify regarding private matters communicated to his or her attorney in confidence. If the client wishes, however, he or she can waive the attorney-client privilege. It is the client’s privilege, not the attorney’s. This means the client has the right to waive the privilege if desired, but an attorney cannot. This is generally only done when the client wishes to have a third party present.

Are There Exceptions to Attorney-Client Privilege?

Attorney-client privilege is not without exception. There are circumstances where an attorney is ethically compelled to disclose information given to him or her by a client to the appropriate authorities. For example, if a client admits plans to commit a crime that has not yet been committed, this information may have to be given to the authorities. Admitting an intention to commit fraud during the current claim is also an exception to the rule. In addition, the specific laws regarding attorney-client privileges can differ from state to state. The best way to understand this privilege in your personal injury case is by asking your attorney.

Personal injury mediation is a type of pretrial conflict resolution, also known as alternative dispute resolution or ADR. It is an opportunity for both parties involved in a personal injury case to resolve the issue by reaching a settlement rather than going to trial. Sometimes, mediation is a legal requirement before a case can proceed to trial. Knowing what to expect during personal injury mediation can help you prepare for this process as an injured party.

When Is Mediation Used?

A simple personal injury case that involves only minor injuries may reach a settlement without needing any form of conflict resolution. The plaintiff and the defendant’s insurance company may be able to negotiate a settlement agreement between themselves – especially if the plaintiff is represented by an experienced attorney as the negotiator. If negotiations fail, however, a logical next step is mediation.

Where Is Mediation Held?

Mediation is not a court trial. It generally does not take place in a courtroom or even a courthouse. Instead, mediation is often held at a neutral location, such as at an attorney’s office. It is more informal than a personal injury trial, although you should still act professionally. Your lawyer can help you prepare what to wear, how to act and what to say during mediation.

Who Attends Mediation?

Mediation is generally attended by both parties involved in the personal injury case, their attorneys (if desired) and a mediator. In some cases, the defendant may opt not to attend mediation and to send his or her defense attorney to the meeting on the defendant’s behalf. Mediation is not open to the public and does not involve a judge or jury.

What Is a Mediator?

A mediator is an unbiased third party whose job is to help the other two parties resolve their legal dispute. Unlike a judge, a mediator does not have the power or authority to render a resolution or create a court order at the end of the meeting. Instead, the mediator is only there to facilitate conversations and negotiations between the two parties, in the hopes of reaching a resolution.

What Are the Steps of Mediation?

Like all legal processes, mediation follows the same general steps from case to case. While it is less formal and often less stressful than a personal injury trial, mediation can still be daunting if it is your first time. In general, you can expect the following steps during personal injury mediation:

1. First, the mediator will introduce everyone who is in attendance and explain their roles in the case.
2. Before mediation begins, the mediator will pass around a document that everyone must sign. This is an agreement to keep everything that is said and negotiated at mediation confidential.
3. Once mediation begins, the plaintiff’s lawyer will make the opening statement and provide any supporting information or evidence. This will be followed by the defense attorney’s opening statement.
4. Both parties will separate for the second half of mediation, typically going into two different rooms. The mediator will visit each room, going back and forth to carry information and try to resolve the conflict.
5. Mediation does not have to end in a resolution. Mediation can end with a settlement agreement, an agreement to continue negotiations or the case going to trial.

Your lawyer can help you know what to expect from mediation during your specific personal injury case. A lawyer can represent you during mediation so that you do not have to go through this important meeting on your own. Finally, a lawyer can tell you what to do and what not to do during mediation to help your case.

Do You Need an Attorney for Personal Injury Mediation?

Throughout the legal process, including personal injury mediation, the defense attorney will have the defendant’s best interest in mind – not yours. The best way to stand up for your own rights during mediation is by hiring a lawyer to represent you. If you are curious about mediation during a personal injury case in Dallas, contact an attorney from The Law Firm of Aaron A. Herbert, P.C. for a free consultation. We offer mediation representation services.

A personal injury settlement agreement is one possible way to end a personal injury claim. It describes an agreement made between the plaintiff (the injured party) and defendant (the liable party) to end the case with the agreed-upon resolution. Settlements have many benefits for both parties – which is why most personal injury cases in Texas reach settlement agreements. There are some circumstances, however, when it is better not to settle as an injured accident victim.

What Is a Settlement?

A settlement is reached after negotiations between the plaintiff and the defendant, or the defendant’s insurance company, in a personal injury claim. First, the insurance company will analyze the claim and investigate the accident it involves. If the insurance company accepts liability for the accident, it will then offer the plaintiff a settlement to resolve the dispute.
The plaintiff has the choice of accepting the agreement as-is, negotiating to try to obtain a higher amount, or rejecting the settlement and taking the case to trial. If the insurance company rejects the claim, on the other hand, a settlement agreement won’t be reached, and the plaintiff may have the ability to file a personal injury lawsuit, instead.

What Are the Advantages of a Settlement Agreement?

There is a reason why the vast majority of personal injury claims reach settlement agreements. Settlements come with many benefits that personal injury trials do not have. Some of the most common advantages are:

• Privacy. A settlement agreement can be kept private, while a personal injury trial is open to the public and will go on public record.
• Control. It is up to both parties whether or not to agree to the terms of a proposed settlement. If a case goes to trial, on the other hand, both parties surrender control over the final outcome, or verdict, to a judge or jury.
• Cost. Reaching a settlement agreement, even if it involves mediation or arbitration, is cheaper than taking a case to trial. A trial requires court costs, higher attorney’s fees, expert witness fees, and other expenses.
• Time. The average personal injury settlement agreement takes around three to six months from start to finish (although some take much longer). A personal injury trial, on the other hand, has a timeline of about one year. A trial must wait until the courthouse has an open date.

Overall, a personal injury settlement agreement is cheaper, faster and generally more lucrative for both parties. This does not mean, however, that accepting a settlement agreement is always in your best interest as a plaintiff.

When Should You Reject a Settlement Agreement?

There are circumstances where accepting a settlement could mean receiving less money than you deserve for your case. Insurance companies are known for putting their bottom lines over client recoveries. This can mean a settlement offer that is inadequate for your injuries and losses. If you accept the first settlement offer without consulting with a lawyer, you may never be able to renegotiate or receive a higher amount – even if you find out later that your injuries require more medical care than you initially knew.
It is important to speak to an attorney before signing anything from an insurance company, especially a settlement agreement or a Release of Liability Waiver. If an attorney believes that you could collect more financial compensation through a personal injury trial, he or she may recommend that you reject the insurance company’s settlement offer. A personal injury trial could end in types of compensation that are not available with a settlement, such as money for your pain and suffering. There is no guarantee that you will win the case, however, if it does go to trial.
For more information about the personal injury settlement process, or advice about whether to accept a settlement, contact The Law Firm of Aaron A. Herbert, P.C. for a free consultation.

One of the many ways an accident can interfere with your life is by taking you out of work. Your injury may temporarily make you unable to perform the necessary tasks of your job, or you might have suffered a disability that will take you out of work for the foreseeable future. Either way, you could be eligible for financial compensation for your losses of income – past, present and future.

What Are Lost Wages?

Lost wages during a personal injury claim specifically refer to the past or present losses of income you are experiencing due to the inability to go to work. Lost wages can cover missed shifts at work, bonuses, special projects, commission, tips, promotions, vacation time, medical leave, retirement benefits and other employment benefits lost while you are in the hospital or recuperating. If you had to miss work for a surgery, physical therapy or rehabilitation, for example, this financial loss would be categorized as lost wages.
Lost wages can also refer to the difference between what you used to make and what you are able to make now while you heal from an injury. If you cannot return to your old job until you recover, but your employer finds you a different job that is part-time or has you working in a lesser capacity, you could be eligible for the difference between your old paychecks and what you make now.

What Is Loss of Earning Capacity?

Loss of earning capacity, on the other hand, refers to the future foreseeable losses of income that you will suffer due to a long-term or permanent injury. It describes the loss of your ability to earn a living wage in the future – either partially or entirely – due to your injury or disability.
If you suffered a reduced ability to earn a living or cannot earn a living at all, you are eligible for this type of damage award. For example, if you suffered a paralyzing spinal cord injury that puts you out of work for the rest of your life, you could seek financial compensation for the income and employment benefits that you are not able to earn in the future.
While the amount of financial compensation you can receive for lost wages is calculated based on your exact income and benefits lost, loss of earning capacity is predicted based on factors such as the severity of your injury, how long it will take you out of work, your age, your overall health and your income level. The amount may also be adjusted for inflation.

How to Prove Both Types of Losses

As the plaintiff in a personal injury claim in Texas, it is your responsibility to prove lost wages and lost capacity to earn before you can recover financial compensation for these damages. You or your personal injury lawyer have the burden to prove your losses based on a preponderance of the evidence, or enough evidence to establish your losses as more likely to be true than not true.
Evidence that you may be able to use to prove past and future losses of income include:

• Pay stubs
• Employment documents
• Benefits information
• Letter from your employer
• Tax documents
• Business documents
• Customer invoices
• Letter from your doctor about your future disability
• Medical records
• Photographs and videos
• Testimony from experts

In general, it is more difficult to prove loss of earning capacity than lost wages. While lost wages refer to income already lost when a lawsuit is filed, loss of earning capacity refers to losses that will occur after the lawsuit is filed. Proving this type of financial loss requires predicting what you likely would have made had the accident not occurred. An experienced attorney can help you establish lost wages and lost capacity to earn during your injury claim in Dallas.

There are two main ways to resolve a personal injury case in Texas: a settlement or a trial. Settlements are more common and generally more popular, as they are faster and cheaper than injury trials. Certain circumstances, however, require injury trials. Both legal options have potential advantages and disadvantages. Determining which is the best for you generally requires discussing the pros and cons of each route with a personal injury attorney in Dallas.

Pros and Cons of Settling Your Personal Injury Case

A settlement is a legally binding agreement made between you (the plaintiff) and the other side of the case (the defendant). Most often, a settlement is made between the plaintiff’s attorney and the defendant’s insurance company. A settlement is an out-of-court agreement that typically happens through one-on-one meetings with the parties involved. These meetings often take the form of mediation or arbitration – meetings before third-party moderators that help facilitate compromises.
The pros of settling an injury claim include:

• It is faster than going to trial.
• It costs less in court costs and attorney’s fees.
• It is generally less stressful than a full-blown trial.
• You can stay in control of the outcome of your case.
• You can keep your settlement private.

The number one con of a settlement vs. a personal injury trial is that it typically results in less money given to the plaintiff. As a general rule, personal injury settlements are worth less than judgment awards. In addition, once you reach a settlement, it is permanent. With only a few exceptions, you cannot reopen your case or renegotiate for a different amount. With a personal injury trial, however, you can appeal a jury’s decision.

Pros and Cons of Going to Trial

Going to trial means to state your case before a judge and jury. You and your personal injury lawyer will go to court and give an opening statement, provide evidence and testimony from witnesses, and give a closing statement during your trial. The defendant’s side will also have the chance to state their case. Then, a judge or a panel of 12 jurors will determine whether you met the burden of proof.
The burden of proof is clear and convincing evidence that the defendant more likely than not caused your injury. If you did meet your burden of proof, you will be given a judgment award. If not, the defendant won’t be found liable for your damages. Some of the pros and cons to consider with a personal injury trial are:

• Pro: the possibility of a greater financial award.
• Con: more time and money spent on the legal process.
• Pro: the ability to appeal a lost trial.
• Con: a trial is part of public record.
• Pro: a trial can give you a greater sense of justice and closure.
• Con: you have no control over the outcome of your case.

With a trial, prepare for a longer and more in-depth legal process; a trial can take a year or longer to finish, while the average settlement takes only a few months. However, a trial can come with advantages such as greater financial compensation. You could be eligible for pain and suffering damages with a trial, for instance, as well as punitive damages.

Which Is the Right Choice for You?

There are many pros and cons to consider with both legal options. The best way to choose the option that is best for you is by consulting with a personal injury attorney in Dallas. An attorney can review the benefits and drawbacks of a settlement vs. a trial in relation to your particular case. Then, your attorney will recommend which route is best for you according to the specific facts of your case and your unique goals. With a lawyer by your side, you can rest assured you are making the right choice.

In the digital age, social media platforms have become a popular way to communicate with friends and family and document daily activities. If you are one of the millions of people who are regularly active on Facebook, Instagram, Twitter, TikTok or another social media platform, it is important to realize how your social media activity could affect your injury claim after an accident.

Social Media Can Be Used Against You in Court

You might not think twice before posting about your accident, injury or personal injury claim to your social media accounts. You may assume it is for social purposes only and cannot be used for official legal proceedings, or that your privacy settings keep your profile safe from prying eyes. These are common misconceptions.
Regardless of your privacy settings, a defense attorney can access your social media accounts if there is a valid reason to do so. In fact, social media sites are becoming a more common focus during evidence discovery. An attorney or investigator can access everything you post, including photographs, comments that you write on other people’s profiles, private messages and location check-ins. The defense attorney or insurance company that you are going up against may be able to use this information against you during a personal injury case.
An insurance company will look for any reason to deny benefits or reduce your payout while gathering evidence from your social media accounts. Mainly, the insurer will look for posts that paint you as an unreliable witness, such as photographs of you enjoying yourself with your friends after you file a claim for pain and suffering, or participating in physical activities after claiming a debilitating injury. This is why it is important to be conscious of what you post – or don’t post anything at all.

Social Media Tips After an Accident

Almost anything you post on social media after an accident could be twisted around and used against you by the defense. Social media content can be admitted to the courts as evidence if it is relevant to civil litigation. The best way to protect yourself is with no social media activity at all. If you must remain on social media, use the following tips to help protect your legal rights:

• Do not talk about the accident in any capacity on a social media site. Do not post photographs of your wrecked car after a car accident, for example, or admit fault for the crash.
• Do not update your social media accounts with your activities after an accident. This includes photographs, videos and location check-ins.
• Tell your friends and family members not to tag you in any posts until your personal injury claim has been resolved.
• Do not think you can hide things that you have already posted by deleting them. Investigators can gain access to deleted social media data, in some cases. Deleting possible evidence could also lead to penalties for the obstruction of justice.

Any social media activity before the resolution of your case can be used against you. The best way to avoid negatively impacting your right to recover is by avoiding social media altogether. Temporarily disable or delete your account until your claim is completed, if possible. If you receive a request for your social media content, bring the request to an attorney before complying.
This type of request must be reasonable in the eyes of the law for a valid claim to your social media content. Your attorney can make sure that the request is relevant and lawful. Then, your attorney can help you submit the correct social media content while still protecting your rights. For more information about social media and civil law, contact a personal injury lawyer in Dallas today.

Elements of Mobbing

• Intimidation
• Threats of harm or embarrassment
• Blackmailing
• Intense peer pressure
• Offensive conduct
• Harassment

Dangers of Mobbing

Can I File a Claim for Mobbing?

Double indemnity is a type of clause often found in life insurance policies. It is a provision that allows a claimant to recover additional money – generally, a double payout – in the event of an accidental death. Unfortunately, insurance companies often prevent clients from receiving the financial recovery they deserve through double indemnity clauses, such as by making it hard to prove that a death was accidental. You may need help with double indemnity from a personal injury lawyer.

What Is Double Indemnity?

Double indemnity refers to a life insurance policy provision that allows claimants to receive larger payouts if the insured individual died as a result of an accident or unintentional injuries. In most cases, double indemnity allows for double or even triple payouts. A death may be classified as accidental for insurance purposes if it stems from any of the following circumstances:

• Act of violence/homicide
• Car or truck accident
• Choking or suffocation
• Defective product or machinery incident
• Drowning
• Exposure to toxic substances
• Medical malpractice
• Slip and fall accident
• Workplace incident

Obtaining benefits through a double indemnity clause generally requires proof that the death was accidental. This may take evidence such as a police report, a coroner’s report, expert witness testimony and medical records. You and your family may also have to go up against the insurance company with a lawsuit to obtain the financial compensation you deserve through a double indemnity clause.

What Issues Might You Encounter With a Double Indemnity Clause?

It is important to realize that the insurance company receiving your claim does not want to maximize your payout. It wants to pay you as little as possible to protect its own profits. The insurance company can come up with many reasons to deny a double indemnity clause. One of the most common excuses is that the death was not accidental. It may be up to you or your personal injury attorney to prove that it was accidental and that you qualify for double indemnity under the insurance policy.
Another excuse insurance companies often give is that the death qualifies as a policy exception. Read the fine print of your life insurance policy to understand the exceptions to your double indemnity clause. Common exceptions are deaths caused by suicide, the decedent’s own negligence or intoxication, natural causes, and murder by one of the beneficiaries listed on the policy.
Finally, your double indemnity clause may be denied if the insurance company is guilty of bad faith. Insurance bad faith is the rejection of benefits or diminishment of a client’s payout without a valid reason. An insurance company may be guilty of bad faith if it knowingly or intentionally mishandles your claim to protect its own profits. If you suspect insurance bad faith, contact an attorney for assistance with a separate bad-faith claim.

How to Handle Your Life Insurance Claim

If you are filing a claim to recover benefits under a double indemnity clause, be careful what you say to the representative in charge. Remember, the insurance company does not have your family’s best interests in mind. Before you accept a life insurance settlement, bring the offer to a personal injury lawyer to confirm that it is a fair and full amount. A lawyer can help you negotiate with the insurance company for a fair payout or appeal a denied claim, if applicable.
If your loved one recently passed away under unexpected or preventable circumstances, consult with a wrongful death attorney about your family’s legal rights. An attorney can guide you through a double indemnity clause in your loved one’s life insurance policy and/or represent you during a wrongful death lawsuit in Dallas. An attorney can also help you with an insurance bad-faith claim if your double indemnity clause is wrongfully denied. Learn more today by contacting The Law Firm of Aaron A. Herbert, P.C.

If you file a claim for an injury you suffered in a preventable accident in Texas, you may encounter one or both terms – personal injury and bodily injury. Although sometimes used interchangeably, these phrases have different meanings on a legal level. Understanding the difference can help you make more sense of your injury claim.

Legal Difference Between Personal Injury and Bodily Injury

Bodily injury is more commonly used in criminal cases than civil cases. Texas’ assault law, for example, defines this crime as intentionally or recklessly causing a bodily injury to another person. It is more common to see the phrase personal injury in civil law. Personal injury is the phrase used to describe physical and nonphysical injuries from the negligence or recklessness of another party. Negligence in personal injury law is any careless act or omission that causes injury to another person.

What Is Bodily Injury Liability Insurance?

There is another difference between bodily injury and personal injury from an insurance standpoint. They describe two different types of automobile insurance, found in two different types of insurance systems. There are fault and no-fault insurance system states. Fault states require all drivers to purchase bodily injury liability insurance.
Texas is a fault-based insurance state. In Texas, all motor vehicle operators must purchase at least $30,000 in bodily injury liability insurance per person and $60,000 per accident. Bodily injury liability insurance will pay for victims’ medical bills and property damage after a car accident. The at-fault driver will use his or her bodily injury insurance to pay for victims’ losses.

What Is Personal Injury Protection Insurance?

In no-fault states, on the other hand, all drivers pay for their own losses, regardless of fault. They pay for medical bills using a type of first-party insurance known as personal injury protection (PIP) insurance. Personal injury protection insurance pays for medical bills and related expenses regardless of who is at fault.
Texas has an option to purchase add-on personal injury protection insurance; however, unlike bodily injury liability insurance, PIP insurance is not mandatory. If you do elect to purchase PIP coverage, this can help you pay for your own medical bills and other expenses after a car accident if the other driver is uninsured or underinsured.

The Implications of Bodily Injury vs. Personal Injury

Depending on the laws in your state and the circumstances of your accident, you may encounter one or both legal terms. The main thing to know is that Texas is a fault state, so you are more likely to deal with bodily injury liability insurance than personal injury protection. If you wish to file a lawsuit against an at-fault party, you will have what is called a personal injury claim. If the other party is accused of a crime, there may be mentions of your bodily injuries.
During your personal injury claim, you will have to prove the losses you are claiming. If you are claiming physical injuries, for example, you may have to use medical records and photographs as evidence. If you are claiming lost wages, you would use evidence such as pay stubs and a letter from your employer. The same evidence may also apply to a bodily injury insurance claim in a no-fault state. Note, however, that you would not have to prove the defendant’s negligence in a no-fault state.

How Can a Personal Injury Lawyer Help?

Navigating your injury claim in Texas is easier with help from a Dallas personal injury attorney. Your lawyer can help you better understand the legal difference between bodily injury and personal injury, as well as calculate both accurately. If you are eligible for one or both types of insurance coverage, your lawyer can pursue maximum financial compensation on your behalf.
For more information about how an attorney can help with your claim, contact The Law Firm of Aaron A. Herbert, P.C. today.

Soft-tissue injuries are common and soft tissue injury compensation amounts can vary in accidents throughout Texas. Soft-tissue injuries are not as obvious or easy to prove as hard injuries, such as broken bones. Proving your soft-tissue injury and obtaining a fair payout may take assistance from a personal injury lawyer in Dallas to improve your chances of a soft tissue injury settlement.

What Are Soft-Tissue Injuries?

The soft tissues lie within the body’s muscular system. Soft tissues include the muscles, tendons and ligaments. A soft-tissue injury describes any damage, tears, inflammation or irritation of the soft tissues. Soft-tissue injuries can stem from trauma, stress or repetitive use. They can cause pain, swelling, discomfort and immobility.
Common examples of soft-tissue injuries are:

• Bursitis
• Contusions (bruising)
• Ligament injuries
• Muscle sprains or strains
• Pulled muscles
• Stress or repetitive motion injuries
• Tendon injuries
• Tendonitis
• Tennis elbow
• Whiplash

Soft-tissue injuries are especially common in the back, wrist, ankle, hamstring, calf and elbow. They can stem from sports, exercise, overexertion at work, car accidents, falls and other incidents. The severity of the soft-tissue injury, as well as treatment options, depend on the exact injury. Most soft-tissue injuries heal completely in a matter of weeks or months. Treatment options include rest, ice, physical therapy, rehabilitation and pain medications. The average settlement for a  soft tissue injury car accident can vary but we will get into that.

What is the Average Settlement for Soft Tissue Injury Car Accident?

What is the average settlement for a soft tissue injury car accident? This is difficult because there is no average payout for a soft-tissue injury but let us explain. You cannot gauge how much you might receive for a soft-tissue injury by looking at other victims’ injury claims. Every case is unique. The value of your claim will depend on factors that are unique only to you, such as your exact injury diagnosis, your prognosis for recovery, how long it will take you to heal, your amount of pain and suffering, your age and overall health, and more.

In general, your soft-tissue injury claim will be worth more if it is classified as a moderate to severe injury rather than a minor injury. If you have a Grade 3 soft-tissue injury with a complete tear, for example, you will have a significantly longer recovery time than a Grade 1 soft-tissue injury. This will consequently result in an injury claim that is worth more money, as you will have greater losses in medical care, rehabilitation and lost wages. Severe soft-tissue injuries also come with a higher degree of pain and suffering.

You may be able to increase the value of your soft-tissue injury claim by mitigating your damages. Seek medical attention immediately after your accident and request copies of all hospital statements. Gathering as much medical evidence as possible can help you build a stronger claim. Follow your doctor’s advice to avoid allegations that you worsened your injuries, which could reduce your financial award. Finally, take time off of work to heal rather than pushing through the pain to return too early.

How Can You Prove Soft-Tissue Injuries?

If you wish to file a lawsuit for a soft-tissue injury in Texas, you must prove that your injury exists. Proving a soft-tissue injury is a challenge, as these injuries are not outwardly obvious. Unlike a hard injury, there is no x-ray or CT scan that can prove a soft-tissue injury. In addition, insurance companies often examine soft-tissue injury claims more closely due to a higher likelihood of insurance fraud.

You may need an attorney to help you prove your soft-tissue injury. An attorney can help you gather evidence and documentation, including medical records, testimony from medical experts and a letter from your physician. Your attorney may also recommend you keep an injury journal to document exactly how you feel in the aftermath of an accident. Your ability to prove a soft-tissue injury can determine whether you receive insurance coverage.

For more information about how to prove a soft-tissue injury claim and tips on maximizing your financial recovery, contact an attorney at The Law Firm of Aaron A. Herbert, P.C. today.

If you get injured in an accident in Dallas, you may be entitled to financial compensation. Unfortunately, the personal injury claims process can be confusing and difficult to navigate. Hiring a personal injury lawyer can vastly improve your legal experience and the outcome of your case. Not all personal injury claims require legal representation, however. Find out when you might need an attorney and when you can handle your claim alone.

How Do Insurance Companies Handle Claims?

If you wish to handle your own claim, you must at least know what you’re getting into. The insurance company that you will be up against does not have your best interests in mind. The insurance company’s number one goal is to increase its profits. Even if you weren’t at fault for the accident, the insurance company will try its best to diminish your payout or deny benefits altogether. This can make it difficult to obtain a fair and full amount for your injuries and losses.
When going up against an insurance claims adjuster (the professional assigned to review your claim), do not admit any fault for the accident and do not agree to give a recorded statement. The recorded statement is a tactic used to take advantage of you by using your own words against you later. Politely explain that you will submit a written statement to the insurer instead at a later date. If you are offered a settlement, make sure it adequately pays for your present and future medical care, losses of income, property repairs, and other damages before accepting.

When Do You Need a Lawyer?

Some personal injury claims are simple or not worth enough money to need attorneys. It may be easy for you to bring a claim against someone else’s insurance company and receive fair compensation for minor injuries, for example. In this case, you can most likely successfully handle the claims process alone and save money on an attorney. If, however, your injury claim has complicating factors, you may need to hire a lawyer to properly handle your case.
Complicating factors can include:

• Severe or catastrophic injuries
• Permanently disabling injuries
• Wrongful death
• Complicated legal elements
• Liability dispute or multiple defendants
• The comparative negligence defense
• Underpaid claim
• Delayed investigation or payout
• No response from the insurance company
• A wrongfully denied insurance claim

If your accident caused minor or no injuries, the defendant is not arguing fault, you receive an adequate settlement offer or the maximum amount available, you are comfortable researching the laws in your state on your own, and you can negotiate effectively with an insurance claims adjuster, you may not need to hire a personal injury attorney. If you encounter any issues during your claim, however, or wish to ensure the protection of your legal rights, hiring a lawyer is the right choice.

How Much Does a Personal Injury Lawyer Cost?

The number one reason injured accident victims choose to navigate their claims alone is concern over the cost of hiring an attorney. Many personal injury lawyers, however, operate on a contingency fee basis. This means you will not have to pay the lawyer anything upfront to handle your claim. Instead, you will only pay if and when the attorney obtains financial compensation for your injuries on your behalf.
If your lawyer does win your case, he or she will deduct attorney’s fees as a percentage of the overall settlement or judgment award won. That way, you never have to afford your personal injury attorney out of pocket. You can always schedule a free consultation to find out if the lawyer is worth the cost. Lawyers are honest with their legal opinions on whether clients need professional legal help, as they will not waste their time or resources on claims that are simple enough to be handled alone. Learn more about your unique case today by contacting The Law Firm of Aaron A. Herbert, P.C.

The actions you take before and during your personal injury claim in Texas have the power to either harm or help your ability to recover financial compensation. Many claimants make mistakes that are extremely damaging to their claims, even to the point of getting the claim denied. Avoid these top seven mistakes to enhance your ability to achieve the case outcome you deserve.

Admitting Any Degree of Fault

After an accident, it is many victims’ first reaction to apologize or admit fault. You may say you are sorry to the other driver involved in a car crash in Dallas, for example, to be polite and avoid a dispute. It is critical, however, to keep your legal rights in mind in the aftermath of an accident by not admitting any degree of fault.
Do not admit fault to the other people involved in the accident, to the police or to an insurance company during the processing of your claim. Do not apologize, either, as this could be misconstrued as you accepting blame for the accident. Admitting fault can bar you from financial recovery even before an insurance company investigates the cause of the accident.

Delaying Medical Treatment

One of the first things an insurance company looks for is whether the injured victim sought medical care right away or delayed treatment. A delay in going to a doctor or hospital after an accident in Dallas could give the insurance company a reason to blame you for the current extent of your injuries. The insurance company may argue, for instance, that you could have mitigated your damages by going to a hospital right away. It is important to go to a hospital immediately and to follow your doctor’s advice.

Going on Social Media

Do your best to resist the urge to post about your accident or injuries on any social media platform. This includes Facebook, Instagram, TikTok and LinkedIn. The other person involved in your case, known as the defendant, can use anything you post to social media as evidence against you. The defendant’s attorney can access the information on your social media profiles regardless of your privacy settings. Watch who you speak to in general after an accident, as anyone other than your spouse can be compelled to testify against you.

Trusting the Insurance Company

Do not make the mistake of thinking that the insurance company in charge of your claim wants to maximize your financial recovery. It is the opposite; insurance companies want to minimize clients’ payouts to maximize their profits. When discussing your case with an insurance company or claims adjuster, be careful what you say. Don’t admit fault, give your permission to record a statement or accept a fast settlement.

Accepting the First Settlement Offer

It is normal to want to resolve your injury claim as quickly as possible. Accepting the very first offer made by an insurance company, however, could mean failing to receive the financial support you need to pay for your ongoing medical needs and other necessary expenses. The first offer is often too low, as the insurance company expects the client to negotiate with a counteroffer. Before saying yes to a settlement, bring the offer to an attorney for review.

Handling a Complicated Claim Alone

If you have a complicated injury claim, such as one involving catastrophic injuries or a liability dispute, hire an attorney to assist you. Handling a difficult claim alone can mean making mistakes that are detrimental to your financial recovery. Hiring an attorney, on the other hand, can ensure that you fully protect your legal rights during the claims process.

Allowing Your Deadline to Pass

Do not wait to seek an attorney’s advice about your recent accident in Dallas. All personal injury lawsuits in Texas must be filed within two years of the accident. The courts very rarely accept claims that are filed past this deadline. Act quickly to ensure the full protection of your legal rights.

Admitting Fault

Not Reporting Your Accident

Forgetting to Collect Evidence

Delaying Medical Care

Posting on Social Media

Waiting Too Long to Tell an Insurance Company

Believing the Insurance Company Is on Your Side

Settling Too Soon

Missing Your Statute of Limitations

Failing to Seek Help From a Personal Injury Attorney

How Do Liability Waivers Work?

• Amusement parks
• Bungee jumping
• Concerts
• Cruises
• Daycare centers
• Equipment rentals
• Gyms
• Skiing and snowboarding
• Skydiving
• Spas
• Sporting events
• Tours
• Trampoline parks
• Vehicle rentals

Can You Still File a Lawsuit With a Personal Injury Liability Waiver?

• An invalid or unenforceable waiver. An attorney will analyze the liability waiver you signed to search for issues that could make it unenforceable. A liability waiver must contain clear and unambiguous language, for example, and cannot go against public policy.
• Failure to warn of known risks. If a liability waiver (or the defendant) fails to clearly list the foreseeable injury risks associated with an activity or event, you may have grounds to file a personal injury lawsuit.
• Gross negligence. Although a liability waiver can protect a defendant from lawsuits brought on the basis of negligence, no waiver can prevent liability for gross negligence, recklessness, intent to harm or a wanton disregard for the safety of others.

What to Do If You Were Injured After Signing a Liability Waiver

Whiplash is an injury to the soft tissues of the neck, including the muscles and tendons. This injury acquired its name from the motion of the neck that most often causes whiplash: the head and neck rapidly whipping backward and forward in an accident such as a car crash. If you suffered a whiplash injury in Dallas, Texas, you may be eligible to receive financial compensation from the person or party who caused your accident.

Do You Have Grounds for a Claim in Texas?

Obtaining financial compensation for an accident-related injury such as whiplash in Texas requires proof that one or more parties are responsible for causing your injury. The civil justice system in Texas works by making victims whole again through monetary damages, but only if those victims’ injuries were caused by someone else’s carelessness or recklessness.
To have grounds to hold someone financially responsible for your whiplash injury in Texas, you or your personal injury lawyer will need proof establishing four main elements:

1. The defendant owed you a duty of care.
2. The defendant did not meet his or her duty of care.
3. The defendant’s breach of duty was the proximate or actual cause of your whiplash injury.
4. You suffered compensable damages as a result.

A duty of care is a legal obligation to act in a reasonable manner according to what a prudent person would do in the same or similar circumstances. Some of the most common accidents that cause whiplash injuries in Dallas are car and truck accidents, sports incidents, physical assaults, and amusement park rides.
If you have proof that someone else caused your accident and whiplash injury through an act of carelessness, such as a drunk driver, that person or party may owe you compensation. An attorney can help you gather evidence that proves the defendant is liable, such as a police report, expert testimony or medical records. Then, your lawyer can help you fight for maximum compensation.

Types of Damages Available for Whiplash

Filing a whiplash injury lawsuit in Dallas, Texas could allow you to receive insurance benefits or a judgment award for several past and future losses associated with your injury. If your lawyer succeeds in proving the defendant as more likely to be at fault than not at fault (based on a preponderance of the evidence), you could receive compensation for many different damages. These may include:

• Medical expenses
• Disability costs and ongoing medical care
• Lost wages
• Property repairs
• Pain and suffering
• Lost quality of life
• Inconvenience
• Out-of-pocket expenses
• Punitive damages

A personal injury lawyer can help you create a full and comprehensive list of all of your damages, including future medical needs due to pain, debilitation, loss of motion, dizziness, headaches, blurred vision, nerve damage and other common symptoms associated with whiplash. Your lawyer can then take over settlement demands and negotiations with the insurer on your behalf.

What Is the Average Settlement for a Whiplash Injury?

The value of your whiplash injury claim in Dallas will depend on the extent of the damage done to your neck or back in the accident. In general, a more severe physical injury will result in a higher compensatory award for the injured victim. Severe injuries require more medical care and time taken off of work. They also cause greater pain and suffering. All of these factors will increase an insurance settlement or judgment award in Texas.
There is no average settlement value you can use to determine the worth of your case. You will need to speak to a personal injury attorney in Dallas for a personalized estimate of your case’s value. Some accident victims receive $10,000 or less for whiplash injuries, while others receive more for severe soft-tissue damage.
If you recently suffered a whiplash injury in any type of accident, contact an attorney for a free case review. You could be eligible for financial compensation.

Personal injury law is a complicated system with many confusing doctrines you may have to navigate if you are an injured accident victim in Texas. One of the many legal doctrines that may apply to your personal injury case is the rule of vicarious liability. Learn about this complex area of law in Texas with help from an attorney.

What Is Vicarious Liability?

Vicarious liability stems from the Latin phrase, “respondeat superior,” which translates to “let the master answer.” In personal injury law, the doctrine of vicarious liability has the power to hold certain parties – masters – legally responsible for the actions, behaviors and misconduct of their agents.
Vicarious liability is a legal doctrine in which a third party can be held liable for the injuries or harm caused to a victim by another party. This rule states that in certain situations, a defendant who was not physically present at the time of an accident (a third party) may bear liability for a victim’s injuries.

Texas’s Vicarious Liability Laws

Vicarious liability is not a legal concept that is applicable in every personal injury case in Texas. It will only play a role in cases involving third parties that bear legal responsibility for the actions of the defendant. The three parties that fall under the umbrella of vicarious liability the most often in personal injury law are employers, parents or legal guardians, and alcohol vendors.
In the employer/employee relationship, vicarious liability will apply when an employee causes an injury while acting within the scope of his or her employment. If an employee is negligent while on duty, and this causes an injury or death, the employer will most likely bear vicarious liability for the victim’s damages in Texas. If a delivery driver was operating under the influence, for example, and caused a car accident, the company will most likely be vicariously liable.
In the parent/child relationship, the vicarious liability doctrine will apply when a child under the age of majority (18 years old in Texas) causes an injury. In this scenario, the child’s parent or legal guardian can absorb legal responsibility for the accident through the vicarious liability rule. It would be the parents’ responsibility to pay for the losses caused by the minor in this case.
In an injury case involving an intoxicated individual, the vendor or supplier of the alcohol could bear vicarious liability. Texas’s dram shop law holds alcohol providers vicariously responsible for accidents caused by overserving patrons. If a bar or restaurant served alcohol to someone who was already obviously intoxicated or under the age of 21, for example, that establishment could bear vicarious liability for an accident caused by the intoxicated person.

How Might Vicarious Liability Affect Your Case?

It is important to learn whether the vicarious liability doctrine applies to your personal injury case. Understanding how this rule works and whether it applies to your case could help you pursue maximum financial compensation for your injuries and losses.
If you suffered a catastrophic injury with expensive related damages, the defendant directly involved in your case may not have enough liability insurance to fully pay for your medical expenses, property repairs and other losses. A vicariously liable third party, however, may have better coverage.
Identifying multiple parties in your personal injury case can improve your chances of receiving an adequate settlement award for your serious injuries. Vicarious liability gives you an additional source of financial recovery as an injured victim. Fortunately, Texas’s vicarious liability laws are extremely favorable to injured accident victims.
In Texas, injured victims can often hold employers, parents and many other entities vicariously responsible for injuries suffered in car accidents, dog attacks, falls, workplace accidents, medical malpractice and more. To find out if your personal injury case involves the doctrine of vicarious liability in Texas, consult with an attorney in Dallas today.

In your hunt for a Dallas personal injury lawyer to represent you after an accident, take your time narrowing down your options. Not all plaintiff’s attorneys are created equal. It is critical to find the right attorney for you and your case if you wish to optimize your results. This means referencing testimonials and online reviews in your decision-making process but also relying on other sources of information.

The Importance of Lawyer Reviews and Ratings

In the modern age, most people do not make important decisions without doing some online research first. Online research is an efficient way to go through the process of elimination when making a choice based on the experiences of others. The legal profession is no exception. The internet contains valuable information about personal injury attorneys, including online reviews and ratings of the law firm.
Client and online reviews can help you learn what to expect from a personal injury law firm in Dallas, Texas. They can help you find an attorney with a positive reputation in your community who has been praised by many past clients. This can give you greater peace of mind about the attorney’s ability to properly and effectively handle your claim.
At the other end of the spectrum, if you discover negative reviews about a law firm, this can warn you to look elsewhere for representation. Although one or two negative testimonials may not mean much, multiple poor reviews or a low Google/Yelp rating could point to deeper issues within the law firm. Using online reviews can be an easy way to supplement your search and narrow down your choices.

Online Reviews Are Not Enough

When searching for the right lawyer, look at client testimonials on the law firm’s website. Search for more than just reviews on the lawyer’s website, however, as the lawyer will most likely filter out any negative comments on his or her own site. Use unbiased third-party rating sites as well.
Look for Yelp reviews of the law firm, Google+ reviews, Avvo ratings, FindLaw ratings and ratings from the Better Business Bureau. You may also wish to reference reputable legal organizations that store information about law offices and their attorneys, such as Martindale Hubbell or the Texas State Bar Association’s website.
The presence of positive online reviews can help solidify that you are making the right choice in hiring the attorney. Client and Google reviews should be just two factors to consider on a long list of others, however; not the sole basis of your decision when hiring a personal injury attorney. There is much more to finding the right attorney than online reviews.

Qualities to Look For in Your Attorney

Finding the ideal personal injury attorney for you is about much more than just reading good reviews posted online. You should schedule a free consultation to meet with the attorney and discuss your case in person. That way, you can get a feel for the attorney and how he or she operates. While positive reviews are a good indicator that the personal injury attorney and law firm are high-quality and reliable, you should look for many other qualities before you make your final decision:

• Referrals from friends or family members
• Experience in your practice area
• Knowledge of the law
• Trial experience before juries
• Positive case results in and out of the courtroom
• Friendly, trustworthy and personable attorneys
• A willingness to listen
• Great communication skills
• A passion for the job
• Affordable fees

The most important qualities in your personal injury lawyer are largely up to you. You should feel comfortable and confident in the attorney you hire to represent you in Dallas. Interviewing the lawyer yourself can give you a better idea of the law firm’s principles and values to see if they match your own. You have the freedom to conduct online research, read reviews, schedule consultations with multiple options and ask questions before deciding on the right personal injury lawyer for you.

Suffering an injury in an accident in Dallas, Texas can be confusing and overwhelming. You may not know how to protect your rights or whom to trust during the claims process. Hiring a personal injury lawyer can be the best way to handle legal matters after an accident. Not all claims, however, require legal representation. Determine whether or not you need to hire a Dallas personal injury lawyer by asking yourself the following questions.

How Serious Are Your Injuries?

The severity of your injuries is one of the main determining factors in whether you need legal representation. If your accident only gave you minor injuries and losses, you can most likely handle the claims process successfully on your own. Many personal injury lawyers in Dallas do not accept claims that are not worth enough money to justify spending the time and resources on representing the client.
If you or a loved one has serious, catastrophic or disabling injuries, however, you need to hire a personal injury lawyer to make sure you attain fair results. An insurance company is more likely to treat you unfairly if you have serious injuries and expensive damages, in an attempt to save money on your payout. An attorney can represent you during insurance settlement negotiations to argue for an amount that adequately makes up for your past and future losses.

Do You Need Help Determining or Proving Fault?

Issues determining fault can also make it necessary to hire a personal injury lawyer in Dallas. If you are in a car accident involving multiple drivers, for example, and are not sure who is to blame, you may need an attorney to investigate the crash on your behalf. You might also benefit from hiring a lawyer if the parties involved in your case are disputing liability. A personal injury law firm will have the resources and investigators to determine the cause of your accident.
A lawyer can also help you gather evidence to prove the defendant is at fault. It is your burden as the plaintiff in a personal injury lawsuit to prove the defendant more likely than not caused your accident and injury. If you are struggling to meet this burden of proof, contact an attorney for assistance. An attorney can help you collect clear and convincing evidence of the defendant’s fault to build a stronger personal injury claim.

Does Your Case Involve Multiple Defendants?

If you believe more than one party caused or contributed to your accident, you may benefit from hiring an attorney to help you, as the claims process becomes more complicated with multiple defendants. Two or more parties may share liability for your accident and may therefore be financially responsible. An attorney can help you hold multiple parties accountable.

Has the Insurance Company Denied Your Claim?

You may need to hire personal injury lawyer in Dallas if you are encountering bad-faith tactics from the insurance company. Bad faith means the insurance provider is not handling your claim fairly. For example, the insurer may have wrongfully denied your claim or unfairly delayed its investigation. Hiring a lawyer will force an insurance company to take you seriously as a claimant. Your lawyer will take care of negotiations with the insurance company on your behalf while you focus on healing.

How to Choose the Right Personal Injury Lawyer

If you believe hiring a personal injury lawyer is in your best interest during a claim in Dallas, do your research to find the right legal representative for you. Schedule free consultations with more than one personal injury lawyer in Dallas. Ask the attorney how much his or her fees are and whether you have to pay anything upfront. Ask about courtroom experience, as well. Find an attorney that is local to Dallas and has experience handling cases in your practice area. Hiring the right attorney can make an enormous difference to your case.

The average personal injury case in Texas involves many complicated legal processes that you may not have encountered before as a plaintiff. One is the deposition. Depositions take place during the discovery phase of a personal injury lawsuit, after filing a claim and prior to a trial. Learn what to expect if you have to attend a deposition in a personal injury case, as well as how to protect your rights during one.

What Is the Purpose of a Deposition?

A deposition is a meeting where an attorney from one side of a personal injury case asks the other side questions. If you attend a deposition as a personal injury plaintiff, the defendant’s attorney will ask you questions about the circumstances of your case to gather more information. The purpose of the deposition is to keep the justice system fair and efficient by establishing certain facts to be true between both parties. Depositions eliminate the need to rehash these facts on the stand.

What Happens During a Deposition?

The deposition is your first opportunity to share your story and put it on the record. During a personal injury deposition, you will be referred to as the deponent. You will attend your deposition at a predetermined time and place, usually an attorney’s office instead of a courtroom. You will be sworn in, meaning you are under oath to tell the truth under penalty of perjury while you are being deposed. You will then be asked many questions about yourself, your accident, your injuries and your health.

Do You Have to Attend a Deposition?

Yes, if you are called upon to attend a deposition, you lawfully must go to the meeting. Your participation is mandatory once you have received a notice of deposition. If you wish your case to proceed, you must attend the deposition and answer the questions asked. You have the ability to work with the other side of the case, however, to set a time and date that works for you.

Who Is Present at a Personal Injury Deposition?

The people who attend a deposition in a personal injury case are typically the deponent, the deponent’s attorney, the other party’s attorney and a stenographer (court reporter). The stenographer’s job is to record everything said and done during a deposition. That way, the attorney can use a transcript of the deposition for reference during a trial.

What Types of Questions Are Asked at a Deposition?

The questions asked during a deposition will depend on the specific personal injury case. One goal of a deposition is to obtain as much information from the deponent as possible about the accident and injury. The questions asked can touch on a variety of subjects. They often include:

• What is your name, address, job history, etc.?
• Have you ever testified in a case before?
• How did you prepare for this deposition?
• How did the accident happen?
• Who was involved in the accident?
• Did you go to a hospital right away?
• What is your specific injury diagnosis?
• How has your life changed after the injury?

You do not have to know the answer to every question asked during a deposition. You are allowed to say, “I don’t know,” “Can you repeat the question?,” “Can you rephrase?” or “Can I have a break?” If you do know an answer, however, you must tell the truth to the best of your ability.

How Can a Personal Injury Lawyer Help?

A personal injury deposition can be daunting as a plaintiff. If you hire an experienced Dallas personal injury attorney to represent you, he or she can guide you through the legal process to give you greater peace of mind. Your attorney can attend the deposition with you, giving you advice as to what to say and do. Your attorney can also help you prepare for the deposition ahead of time, so you avoid misspeaking. Learn more about personal injury depositions by contacting a lawyer in Dallas today.

Almost all serious accidents cause some degree of emotional distress to victims and their family members. Living through or witnessing a traumatic incident, such as a car crash or dog attack, can lead to significant emotional, mental and psychological harm.
In Texas, the civil justice system allows injured accident victims to pursue financial compensation for their emotional distress in addition to economic losses, such as medical expenses. You may need professional legal assistance from a Dallas personal injury lawyer, however, to prove this type of loss.

What Is Emotional Distress?

Emotional distress is a type of damage award that falls under the broader umbrella of pain and suffering damages. It is a noneconomic damage rather than an economic damage. This means it is an intangible loss the victim suffered in the accident rather than a tangible loss.
Examples of economic damages are lost wages, medical expenses, property repairs and court costs. Examples of noneconomic damages, on the other hand, are emotional distress, physical pain and suffering, mental anguish, psychological trauma, inconvenience, humiliation, lost quality of life, loss of services, loss of consortium, and grief.
In Texas, an accident victim may qualify for compensation for both economic and noneconomic damages, depending on the circumstances. To receive compensation, however, the victim has the burden of proving these losses.

Common Evidence of Emotional Distress

The burden of proof in a personal injury case is a preponderance of the evidence. This means before a judge or jury will award you financial compensation for any losses, including emotional distress, you or your attorney must prove the defendant is more likely than not responsible for your accident and that you suffered compensable losses as a result.
Proving a personal injury case requires clear and convincing evidence that what you are claiming, including any losses listed, is more likely to be true than not true. Although each case is unique, common sources of evidence used to prove emotional distress in personal injury law are:

• The victim’s medical and therapy records
• An official medical diagnosis, such as post-traumatic stress disorder
• Medications prescribed for mental health conditions
• Statements from the victim or his or her friends and family members
• Expert testimony from doctors and/or psychologists
• The victim’s injury journal
• Photographs of scarring or disfigurement

It is critical to document your emotional distress as much as possible after a serious accident in Dallas. Do your part to build a claim to emotional damages by going to a hospital immediately, telling your doctor about any emotional symptoms you’re experiencing, seeing a professional psychologist for any mental or psychological trauma, and keeping an injury diary to describe how your injuries affect you.
All of these actions can help you build a claim to emotional distress damages. It is also important to note that a pre-existing mental health condition does not prohibit you from seeking compensation for accident-related emotional distress.

What Is an Emotional Distress Claim Worth in Texas?

If you succeed in proving emotional distress during a personal injury claim in Dallas, you could receive an insurance settlement or judgment award for this loss as well as others related to the accident. A pain and suffering award could significantly increase the final value of your award, as it is up to a jury to determine how much you deserve based on the extent of your physical and emotional injuries. The value of your claim will depend on the severity of your losses.
How much you receive for emotional distress may also depend on Texas’s damage cap. If you file a medical malpractice claim, there is a statewide damage cap of $500,000 total per health care facility and $250,000 total for an individual physician. Your noneconomic damages in a medical malpractice claim cannot exceed $750,000 total. If you are seeking compensation for emotional distress from any other type of accident, however, Texas does not have a damage cap.
For more information about proving emotional distress and obtaining maximum compensation, speak to a personal injury lawyer in Dallas today.

Most personal injury cases in Texas rely on the plaintiff’s ability to prove someone else caused his or her injuries through an act of carelessness, officially referred to as negligence. Understanding the doctrine of negligence, as well as related doctrines such as negligence per se, can be difficult as the injured party in a lawsuit. You may require assistance from a personal injury lawyer in Dallas.

What Is Standard Negligence?

The legal doctrine of negligence describes a person or party failing to adhere to the accepted duty of care for a situation, resulting in injury or harm to another person. Standard negligence may or may not be intentional. A defendant in Texas could still be liable for a plaintiff’s injuries even if he or she accidentally or unintentionally breached the duty of care.
Standard negligence also does not necessarily describe a broken law. A person can be guilty of negligence without being guilty of a crime. For example, a defendant may be liable for wrongful death but not guilty of homicide for accidentally causing a fatal injury rather than committing a premeditated attack. Negligence per se, however, specifically refers to a defendant’s violation of a law.

What Is Negligence Per Se?

Negligence per se is a concept a plaintiff may be able to use to prove his or her personal injury case in Dallas, Texas if the defendant broke a law. This doctrine argues that a defendant is liable for an underlying accident because he or she violated a law.
If a plaintiff can use the negligence per se doctrine in a personal injury case, he or she does not need to prove the defendant’s breach of the duty of care. Instead, it is enough to prove the defendant broke a law in Texas and that this caused the accident in question.
For example, if a defendant is convicted of driving while intoxicated in Texas, this could allow an injured accident victim to use the negligence per se doctrine to show that exceeding the blood alcohol content limit for drivers makes the defendant automatically liable for the crash. Successfully using this doctrine removes the burden to prove the defendant’s conduct was careless or negligent.

Elements of Negligence Per Se

In Texas, a victim can typically bring a negligence per se case against a defendant as a distinct claim. Otherwise, the victim may need to file a standard negligence cause of action in the civil court, then ask the court to accept the argument of negligence per se during litigation. Either way, it is up to the accident victim to prove negligence per se.
Proving this legal doctrine in a personal injury case in Dallas requires the plaintiff or his or her attorney to establish three main elements:

1. The defendant broke a law. Proof of this could come in the form of a traffic ticket issued to a driver in a car accident case or a criminal conviction against a defendant.
2. The purpose of the law that was broken was to prevent the type of injury or accident that ended up harming the plaintiff.
3. The plaintiff is part of the class of people the law was intended to protect. This class is typically the public at large but may be more specific.

Although a negligence per se argument does not require a plaintiff to prove a breach of the duty of care, these cases can still be complex and difficult to navigate. Understanding whether or not you can lawfully use the negligence per se doctrine for your personal injury lawsuit in Dallas may require an in-depth consultation with an attorney. An attorney can help you with every stage of a lawsuit, including the burden of proof based on the legal doctrine used.

The civil justice system works by allowing an injured accident victim to become whole again through financial compensation from the at-fault party. If a victim succeeds in proving a defendant is liable, he or she will receive a personal injury settlement or judgment award for related losses. Understanding the components that make up the average personal injury settlement could help you learn what to expect during your injury case in Dallas.

How Are Personal Injury Settlements Reached?

First, understand what it takes to obtain a personal injury settlement in Texas. The burden of proof is a preponderance of the evidence, meaning you or your personal injury lawyer will need enough evidence against the defendant to prove he or she is more likely than not responsible for your accident and injury.
Most cases in Texas settle without having to go to trial. Settling means your lawyer and the defendant’s insurance company have agreed on a resolution. With a settlement, you will receive a check from the insurer directly. If the insurance company refuses to offer a fair settlement, however, your lawyer may need to take your case to trial to seek a judgment award instead.

3 Types of Damages

If your lawyer succeeds in proving the defendant is at fault for your injuries, you could receive a settlement that pays for both past and future losses. In Texas, there are three possible types of financial damages available in a personal injury case:

1. The tangible and specific losses related to an accident.
2. The intangible or general losses related to an accident.
3. An additional award to punish the defendant for egregious acts.

Economic and noneconomic damages are common in personal injury law. Punitive damages are relatively rare, although they are possible in a case involving a defendant who behaved with gross negligence, a wanton disregard for the safety of others, maliciousness or intent to harm.

Parts of a Personal Injury Settlement

Economic and noneconomic damages are both compensatory damages, meaning they are meant to compensate a plaintiff for his or her losses. Compensatory damages are further broken down into many specific types of losses that are unique to the individual and case:

• Past and future medical bills
• Long-term treatment
• Property damage
• Past and future lost wages
• Pain and suffering
• Emotional distress or anguish
• Lost enjoyment of life
• Legal fees
• Out-of-pocket costs
• Loss of consortium
• Wrongful death damages, if applicable

The losses you and your family can claim during a personal injury case in Dallas depend on the particular ways the accident and injury impacted you. You or your personal injury lawyer will need to provide proof of these losses before an insurance company will pay you., such as medical bills, pay stubs, receipts, repair estimates or expert testimony.

How Are Personal Injury Settlements Calculated?

The value of your personal injury settlement is directly related to the severity of your accident and injury. However, many different factors can impact the final value of a settlement in Dallas. No two cases are alike, and no average settlement exists. The easiest way to estimate the value of your case is by consulting with a personal injury attorney.
To estimate your economic damages, your lawyer will add up all of the expenses related to your accident. Then, your lawyer will calculate future foreseeable economic damages based on your existing costs and projected recovery time. Next, your lawyer will estimate your noneconomic damages. These are more difficult to calculate, however, as they are awarded according to a jury’s discretion.
In general, a victim with a serious injury, such as long-term disfigurement or disability, will have a personal injury case that is worth more than someone with a minor injury in Texas. Recovery amounts are unique and can be difficult to predict. For more information about your particular personal injury case, contact an attorney in Dallas.

4 Elements of Ordinary Negligence

1. The defendant had a responsibility to treat the plaintiff with a reasonable amount of care. In personal injury law, this responsibility is referred to as the duty of care.
2. The defendant’s actions – or failure to act – made the defendant breach his or her duty of care to the plaintiff.
3. The defendant’s breach of duty was the direct and/or actual cause of the plaintiff’s injury.
4. The plaintiff suffered losses because of the defendant’s actions, such as injuries, hospital bills, property damage and lost wages.

What Is Gross Negligence?

Why Is the Difference Relevant to Your Personal Injury Case?

• Past and future medical expenses
• Ongoing treatments, such as rehabilitation and therapy
• Permanent disability costs
• Home and vehicle modifications
• Lost wages and future capacity to earn
• Past and future pain and suffering
• Lost quality or enjoyment of life
• Loss of consortium
• Wrongful death benefits

What Are Punitive Damages?

If you get injured due to someone else’s carelessness, recklessness or intent to harm, Texas law gives you the right to bring a personal injury suit against that party. Before the law will side in your favor and grant a financial award for your injuries and losses, however, you or your Dallas personal injury lawyer must meet the required burden of proof.

Understanding the Burden of Proof in a Personal Injury Case

In personal injury law, a burden of proof is the legal term for the amount of evidence necessary to prove the defendant committed the act in question and is therefore legally responsible for the damages claimed. The burden of proof in civil law is different than in criminal law. In criminal law, the burden of proof is proof beyond a reasonable doubt. In civil law, it is proof based on a preponderance of the evidence.
Preponderance of the evidence means “more likely than not.” The injured party, or plaintiff, in a personal injury claim has the burden to convince a jury that his or her argument is more likely than not to be true. In other words, the plaintiff’s version of events must be deemed at least 51% true for him or her to obtain financial compensation from a defendant. Although this is a lesser burden of proof than proof beyond a reasonable doubt, it can still be a difficult bar for a plaintiff to meet without assistance from an attorney.

Elements of Proof Necessary for a Negligence Claim

Fulfilling the required burden of proof in a personal injury case in Texas typically requires clear and convincing evidence of the defendant’s negligence. Negligence is a legal theory that describes a degree of substandard care a reasonable and prudent party would not use in the same circumstances.
A defendant may be found liable for a plaintiff’s injuries on the grounds of negligence if the plaintiff can prove four elements as most likely to be true:

1. The defendant owed him or her a specific duty of care. A duty of care is a legal obligation to act in a reasonable manner.
2. The defendant breached his or her duty of care. The defendant committed a careless or reckless act.
3. The defendant’s action or omission caused the plaintiff’s injury. There is a causal link between the defendant’s mistake and the injury in question.
4. The plaintiff suffered compensable losses related to the defendant’s negligence. Losses include lost wages, medical expenses and emotional distress.

Although negligence is the most common basis for personal injury cases in Dallas, it is also possible to hold a defendant liable for an accident based on other legal theories, such as strict liability or breach of warranty. A personal injury attorney can help you understand the grounds for your particular case. Then, your attorney can collect evidence on your behalf to use in support of your claim.

Evidence Used in a Personal Injury Case

One of the most important aspects of the burden of proof in a personal injury claim is evidence. Holding someone accountable for your losses in Texas requires clear and convincing evidence of that person’s fault. Your attorney will need to present enough evidence to convince a jury that the defendant is at least 51% responsible for causing your accident and the injuries you are claiming. Evidence can come in many forms, including:

• Photographs
• Videos
• Eyewitness accounts
• Police reports
• Medical records
• Hospital bills
• Pay stubs
• Expert testimony

It is extremely important to consult with an attorney as soon as possible after an accident that injures you in Dallas. A lawyer can immediately go to work on preserving key evidence for your case, such as cell phone records or video surveillance footage. Then, your lawyer can hire experts such as investigators and crash reconstruction specialists to help you establish the defendant is at fault. A lawyer can help you with the burden of proof from the very beginning of a personal injury case.

What Is Negligence?

1. The defendant owed the plaintiff a duty of care. This is a legal obligation to act in a reasonable manner to avoid injury to others.
2. The defendant breached a duty of care. The defendant committed an act or omission that went against his or her duty of care.
3. The defendant’s breach of duty was the proximate or actual cause of the plaintiff’s injury. The injury would not have occurred but for the defendant’s mistake.
4. The plaintiff suffered compensable losses. The accident gave the plaintiff real, specific damages, such as medical bills or property damage.

What Is Recklessness?

How Does the Difference Impact Your Personal Injury Case?

Consult With an Experienced Car Accident Attorney for Help

When to Contact a Personal Injury Lawyer in San Antonio

Understand the Statute of Limitations

Gather Information and Evidence

• Write down the at-fault party’s name, contact information and insurance carrier.
• Call the hospital where you sought treatment to obtain copies of your relevant medical records.
• If you were in an auto accident and called the police, contact the local police department for a copy of your police report.
• Gather any photographs and videos of your accident.
• If you have signed statements from eyewitnesses, put this in your case folder as well.

Find Out Where to File Your Lawsuit in San Antonio

Negotiate on Your Own or With Help From an Attorney

It is normal to feel impatient about settling your personal injury case. Your accident may have caused expensive property damage and medical bills, as well as the inability to work. You may not wish to wait several months or longer to resolve your case. It may not be in your best interest, however, to rush into a fast settlement that does not adequately pay for your losses. Learn more about how long it may take to successfully settle your case.

How Long Do Most Cases Take to Settle?

It is difficult to determine how long your personal injury case will take based on average settlement timelines. Every client is unique, with timelines varying significantly on a case-by-case basis. How long it takes one client’s case to settle may not be an accurate indication of how long your case will take.
In general, however, a personal injury insurance claim may take around three to four months. This is the average timeline if the insurance claim does not encounter any issues or complications that delay the process. Insurance companies in Texas have 15 days to respond to a claim filed. Then, they have 15 days from the time they receive all forms and information from you to accept or reject the claim.
If your personal injury case requires a trial, expect a longer claims process. Although this is uncommon, some cases require trials if the insurance company is wrongfully denying payment or refusing to offer a reasonable settlement. If your case goes to trial in Texas, anticipate your settlement taking one year or longer to achieve.

Factors That Could Extend Your Timeline

Average personal injury settlement times are not typically accurate when seeking information about how long a case may take to resolve. The best way to obtain an accurate timeline is by consulting with a personal injury lawyer in Dallas. A lawyer will look at the unique factors of your case to determine if there are things that could cause delays.
Factors that may impact how long it takes to settle include:

• The severity of your injuries
• How long it will take to reach your point of maximum medical improvement
• The overall value of your claim
• Problems or challenges with your case
• Multiple defendants
• Your comparative fault for the injury
• Insurance bad-faith tactics, such as unfairly delaying an investigation

On average, a personal injury case with complications such as catastrophic injuries, a long recovery time, high-value losses or a liability dispute will take longer than a simpler case to settle. It is important, however, to recognize when a delay in the settlement could ultimately benefit you by providing a better payout for your injuries and losses.

Do Not Rush Into a Settlement

One of the most common mistakes made by injured parties in Texas is to rush the claims process. It is common to want to settle as quickly as possible so you can move forward with your life. Rushing into a settlement that does not adequately pay for your past and future losses, however, is something you cannot take back. It is typically not possible to reopen a closed case, even if you discover that you need additional medical treatments.
Insurance companies expect clients to negotiate back and forth with them before settling, not accept the very first offer. Thus, the first offer is typically lower than the true value of the claim. Rather than accepting the very first settlement offer in an attempt to quickly resolve your case, take it to a personal injury lawyer for review. A lawyer can analyze the facts of your case, give a professional opinion on whether or not you should settle, and help you with negotiations – all while making the legal process as fast and efficient as possible.

What Is the Good Samaritan Law?

Who Does the Good Samaritan Law Protect?

What If the Good Samaritan Is Negligent?

What to Do After Witnessing an Accident

When one person’s actions cause another person an injury, the victim (plaintiff) will have the right to seek compensation from the at-fault party (defendant). The victim will do so by filing an insurance claim or personal injury lawsuit. In Texas, a defendant can be held liable for both intentional acts of wrongdoing and unintentional negligence against a plaintiff. Learn the difference between these two legal concepts to better understand your claim.

What Is an Intentional Tort?

An intentional tort describes a willful and knowing act of wrongdoing, such as an action that breaks the law in Texas. If a defendant is guilty of an intentional tort, it means he or she knew of the criminal nature, wrongfulness or risks associated with an act or omission, yet preceded with it anyway. Someone who commits an intentional tort knows the action will foreseeably cause injury, but breaches the duty of care anyway.
An intentional tort can be a premeditated crime, or the idea can occur to the defendant on the spot. Either way, if the defendant performs a willful and deliberate act of wrongdoing that injures a victim, he or she will be civilly liable for losses. The defendant will also likely face criminal charges in Texas for committing a crime against the victim, such as assault, battery, robbery, abuse or homicide.

What Is Negligence?

Negligence does not involve intent. Negligence is a person’s unintentional or careless failure to perform his or her duties of care. If a defendant is guilty of negligence, he or she made a mistake on accident that caused the victim’s injuries. In Texas, a negligent party can be held liable for a victim’s damages if four main elements are more likely to be true than not true.

1. The defendant owed the victim a duty of care.
2. The defendant failed to fulfill the duty or standard of care.
3. The defendant’s breach of duty caused the accident.
4. The victim suffered compensable losses as a result.

With evidence of these four elements, the defendant will be legally responsible for the plaintiff’s injuries and related losses, such as medical bills, lost wages and property damage. Even if the defendant did not intend to hurt the victim or willfully breach the standard of care, the defendant will be liable for his or her careless acts in Texas.

How Does This Affect Your Personal Injury Claim?

Whether the defendant in your personal injury case was guilty of an intentional tort or negligence, you have the same right to bring a claim against that party. Differentiating between the two will not alter your injury claim – the burden of proof will remain the same. You or your attorney will still need to establish that the defendant owed you a duty of care, willfully or accidentally breached this duty, and caused your injury. However, if the defendant committed an intentional tort, he or she could also receive a criminal conviction.
Note that being convicted of a crime does not immediately make the defendant civilly liable for your losses. You will still need to establish fault through clear and convincing evidence. However, you can use a defendant’s criminal conviction as evidence during your civil case. A criminal conviction can work in your favor to convince a judge and jury of the authenticity of your claim.
Even if a criminal case against the defendant does not result in a conviction, you could still have grounds for a civil claim. It is possible to win a civil claim even without a criminal conviction, as the burden of proof for a criminal vs. civil case differs. To convict the defendant of a crime, the prosecutor will need enough evidence to prove his or her guilt beyond a reasonable doubt. Your attorney, however, will only have to prove that the defendant’s tort is more than likely what caused your injury.
Speak to a personal injury attorney in Dallas for more information about the burden of proof in your claim.

What Does Assumption of Risk Mean in Law?

How Can Someone Prove Assumption of Risk?

1. The plaintiff had actual knowledge of the risks involved in an activity. The defendant must show that the plaintiff knew of the risk that caused his or her injury, such as a sign warning visitors of a known risk on a property.
2. The plaintiff voluntarily accepted the risk. The defendant must also have proof that the plaintiff voluntarily assumed or accepted the known risks of an activity. This acceptance could be implied by words or conduct or expressly noted in a liability waiver.

How Might the Assumption of Risk Defense Affect Your Case?

Economic vs. Noneconomic Damages

What Are Future Damages?

• Future medical care. Any surgeries, treatments, physical therapy, rehabilitation, medications or visits with specialists in the future you may need because of your injury. This includes disability accommodations for a permanent injury.
• Future lost wages and lost earning capacity. If a doctor believes your injury will make you unable to work for a certain period of time, you can seek lost wage compensation for shifts you will miss. If you have an injury that will remove you from your current occupation, you can pursue damages for permanent lost capacity to earn.
• Future emotional and psychological impacts. Many accidents have long-term emotional impacts on survivors. If you notice emotional injuries or are diagnosed with a condition such as post-traumatic stress disorder, you may be eligible for future pain and suffering damages.

Why It Is Important to Seek Future Damages in a Lawsuit

Seeking financial compensation for an injury that someone else caused in Texas will require some knowledge of how the legal process works. You will become familiar with one term in particular: damages. In legalese, damages are the compensation awarded to an injured party (plaintiff) for a negligent party’s (defendant’s) wrongful acts. In some states, the damages available in a personal injury case are limitless. In others, however, damage caps control how much money a plaintiff can recover.

What Is a Damage Cap?

When a court awards damages in a personal injury case, it provides financial compensation to make the victim whole again. A plaintiff in Texas can recover compensation for both economic and noneconomic damages. Economic damages are actual losses, such as medical bills and lost wages. Noneconomic damages reimburse a victim for physical pain, emotional suffering and mental distress brought by an injury.
At the beginning of personal injury law, there were no caps on the damages an injured victim could recover from a defendant. Over time, however, some states began introducing damage caps as a way to protect the system. Damage caps are meant to dissuade people from making fraudulent or frivolous personal injury claims by placing a limit on how much compensation is available. Although some states have since ruled damage caps unconstitutional, certain caps on damages still exist in Texas.

Does Texas Have Any Damage Caps?

Yes, Texas does have damage caps. If you wish to bring a personal injury claim in Texas, your financial recovery may be subject to these caps…but only if you have a certain type of case. Texas law does not place a limit on damages in every type of injury claim. Instead, it only imposes caps in three scenarios.

Medical Malpractice Claims

If you wish to hold a health care practitioner or hospital responsible for your injuries, you cannot recover more than $250,000 in noneconomic damages from each doctor or medical center. You also cannot recover more than $500,000 collectively from all medical facilities. Thus, the most you can receive in total noneconomic damages in a medical malpractice claim in Texas is $750,000.

Claims Against the Government

Under the Texas Tort Claims Act, you can hold the government responsible for its negligence and the negligence of its employees. Damages are capped in lawsuits against government organizations, however. You cannot recover more than $250,000 per person involved, $500,000 for any single event or $100,000 for property damage. This cap applies to both types of damages, economic and noneconomic.

Punitive Damage Claims

Punitive damages are meant to punish a defendant for gross wrongdoing or heinous acts. They are not awarded in every personal injury case. If a judge in Texas does award punitive damages, the amount cannot exceed the cap of $200,000 or twice the amount of noneconomic damages plus an equal amount of noneconomic damages, up to $750,000 (whichever is larger).

How Might a Damage Cap Affect Your Personal Injury Case?

If someone else’s negligence gave you an injury in Texas, the amount you receive in financial compensation from the at-fault party may be subject to the state’s damage caps. This will only be the case, however, if you are pursuing a medical malpractice lawsuit, a claim against a government entity or punitive damages.
In a car accident case against another driver that does not involve punitive damages, for example, you would not encounter any damage caps in Texas. If a damage cap does apply to your case, you will be unable to recover compensation beyond the statutory limit, even if your actual damages are worth more.
The laws regarding damage caps in Texas are controversial and constantly changing. For the most up-to-date information on the current damage caps, including if they will apply to your personal injury claim, consult with an attorney near you.

The goal of a personal injury case in Dallas is to make an injured victim whole again by providing financial compensation for his or her losses. These losses, as well as the compensation available, are called damages in legalese. One of the most common questions asked by plaintiffs during injury lawsuits is, “How much is my case worth?” The answer to this question lies in large part in how damages are calculated.

What Damages Are Available?

First, a victim will need to make a list of all the losses he or she suffered because of an accident. This list will go on the victim’s demand letter, which will get sent to the insurance company of the at-fault party in pursuit of compensation. Compensation is available for many different damages during a personal injury claim in Texas.

• Medical bills
• Lost wages
• Disability costs
• Lost capacity to earn
• Property damage
• Pain and suffering
• Out-of-pocket costs
• Punitive damages
• Wrongful death damages

A victim can seek compensation for both past and future losses. If a victim has a permanent disability from an accident, for example, he or she can seek compensation for a lifetime of medical expenses, surgeries and treatments. In general, the more severe the accident and injury, the more the victim will be awarded in damages.

Economic Damages

Economic damages in personal injury law are tangible or special losses that are specific to the victim. These can include health care costs, property repairs and lost wages. The calculation method for economic damages relies on hard numbers. An insurance company or courtroom will add up the actual amount of the economic losses suffered by the victim using evidence such as hospital bills, repair estimates and pay stubs.
Next, the courts will project future economic damages based on the victim’s existing expenses and his or her medical improvement timeline. This calculation may require a doctor to testify as to how long the victim will foreseeably have his or her injuries, as well as the future medical treatments that will be necessary. With existing bills and medical expert testimony, the courts can calculate an amount in economic damages that is appropriate for the victim’s past and future losses.

Noneconomic Damages

Noneconomic damages refer to intangible or general losses that any injured victim would be likely to suffer. These include emotional distress, physical pain, discomfort, mental anguish and anxiety. Calculating noneconomic damages is not as exact a science as economic damages, as it involves a human factor – the jury’s discretion. It is up to a jury how much to award a victim in pain and suffering. Although calculation methods are available, it is a jury’s decision whether or not to use them.

• Multiplier Method. The Multiplier Method takes a victim’s total amount awarded in economic damages and multiplies it by a number that matches the severity of the victim’s injuries. A victim with a permanent injury, for example, may receive a multiplier of five, while a victim with a minor injury may receive a multiplier of one.
• Per Diem Method. The Per Diem Method is more common in cases where the victim has a prognosis for a full recovery at a determinable date. A jury will multiply a suitable amount in daily pain and suffering damages, often equivalent to the victim’s daily wage, by the number of days he or she will have the injury.

In the end, a jury can award as much or as little in noneconomic damages as it sees fit for the situation, up to a state’s damage cap (if applicable). Typically, juries grant larger awards to victims with severe or catastrophic injuries, such as traumatic brain injuries and spine injuries. These victims will have greater physical pain, emotional suffering and other losses than victims with minor injuries.

Filing a personal injury lawsuit will open the doors to many terms and legal processes you may be unfamiliar with. The one that seems to give claimants the most anxiety, however, is deposition. A deposition does not have to be daunting. A well-prepared deposition can be critical to the success of your case. Work with a personal injury attorney for assistance preparing for one.

What Is a Deposition?

A deposition is a question-and-answer session between a party involved in a personal injury claim and an attorney. In general, if you have to give a deposition during your personal injury claim, you will be answering questions from the other party’s attorney (the deponent). You will answer these questions truthfully and to the best of your ability while under oath. Anything you say during the deposition can be used as evidence in court if your case goes to trial.
A deposition typically does not take place inside a courtroom. Instead, you will go to an attorney’s office to give the deposition. In the room, there will be you, your attorney, the other side’s attorney and a court reporter. The reporter will record the deposition and transcribe it so it can be used in document format during a trial. The presence of your lawyer during a deposition can help you answer the questions in a way that will not hurt your rights or your case.

What Personal Injury Cases Require Depositions?

A deposition is part of the discovery phase of a personal injury lawsuit. It occurs after a plaintiff files a personal injury lawsuit but before the actual trial. The discovery phase of a lawsuit gives both sides of the case an opportunity to gather more information, evidence and documentation based on what the other side already knows. Depositions are typically spoken interviews, while interrogatories are written questions.
If your personal injury case settles before you have to file a lawsuit, you will not have to go through a deposition. If the insurance company refuses to offer a fair settlement or denies your claim, however, you may need to go up against the defendant at trial. In this scenario, expect a deposition. If a deposition is part of your personal injury case, you have no choice but to participate. Upon receiving a notice of deposition, going in for questioning is mandatory.

How to Prepare for a Deposition

If you find out you will have to participate in a deposition, don’t panic. While it is true that a deposition can be very important to your case, there are ways you can prepare ahead of time for the most successful session. Work with a lawyer for in-depth information about what to expect.

• Review the facts. The deposition will be your opportunity to provide testimony on the record as to what happened. Establish the facts and circumstances in your own words and ahead of time. That way, the words will come to you even if you’re nervous during the deposition.
• Go over possible questions with your attorney. Your lawyer will have years of experience attending depositions with clients. He or she can give you example questions the attorney will most likely ask you, so you can prepare answers in advance.
• Take your time. Do not let anything, including the attorney asking the questions, pressure you during a deposition. Take your time listening and understanding the questions, as well as answering them clearly and succinctly. You can ask for breaks whenever you wish.

The typical deposition starts with questions about your basic personal information. Then, it will go into your physical condition before the accident and a description of your current injuries. You will also get to describe the accident in your own words. At the end of the deposition, you will testify about how your life has changed after the accident.
A lawyer can help you prepare for a deposition, including giving you tips on what to say and what not to say. Your lawyer can also give you advice on how to conduct yourself, plus accompany you into the actual room. For more information about personal injury depositions, consult with a lawyer near you.

When you go through the processes required to recover financial compensation after an accident, you will encounter many unique terms. If you hear the word subrogation, this means your insurance company is bringing a lawsuit against a third party in pursuit of reimbursement for what it has spent on your bills. The point of subrogation is twofold: to save the insurance company from having to pay for losses it is not liable for and to prevent an injured victim from double recovery.

What Is Subrogation?

The definition of subrogation is to stand in the shoes of another party or act as a substitute. Within personal injury law, subrogation refers to an insurance company standing in the place of another party to pay for a victim’s bills. Subrogation typically applies to either car accident insurance claims or health insurance benefits. In either case, the insurance company that paid the client will seek reimbursement from a third party.
Subrogation during an injury claim ensures that a victim does not recover twice for the same accident. If the insured has already received payment for his or her medical bills from an auto or health insurance company, that party should not also be allowed to recover compensation from a personal injury lawsuit. This would essentially pay the victim twice for the same damages.
Instead, if an insurance company has already paid off a claimant’s debts, it will be the insurance company that has the right to bring a third-party lawsuit for those expenses, not the injured. Since the insurance company paid for losses when its client was not at fault, it may bring a claim to replace what it spent. The insurance company will seek reimbursement through the subrogation process.

How Does Subrogation Work?

After an accident in Texas, you require immediate medical care. If you cannot pay for this care out of pocket, it does not mean you cannot receive treatment. Instead, an insurance company will step in to help you pay the bills, such as your car insurance or health insurance provider.
Once you have received medical care, your insurance company will send you a form requesting additional information about the accident. The purpose of this form is to determine if there is someone else financially responsible for the accident. If so, your insurer will let you know of its intent to pursue a subrogation claim. You legally must cooperate with this type of claim, meaning you cannot waive subrogation.
Your insurance company can seek subrogation directly from the at-fault party, from the at-fault party’s insurance provider, or from a settlement or judgment award you receive from the accident. How the insurer chooses to pursue subrogation will depend on the company and the factors of your case.

Subrogation and Your Personal Injury Settlement

Subrogation is an action available to insurance companies to prevent them from paying for losses it legally is not responsible for paying. If subrogation is successful, it will not only reimburse the insurance company, but it will also reimburse you for any money you spent on insurance deductibles.
Subrogation may not require your direct involvement if your insurance company goes straight to the at-fault party for reimbursement. If the insurance company places a subrogation lien on your settlement or judgment award, however, anticipate an amount of your award going immediately to the insurance company after winning your injury claim.
You will be required to pay off any liens against your settlement or judgment award before you can keep the remaining amount. With a subrogation lien, the amount of money your insurance company spent on your medical bills will be deducted from your final award won. Then, the remaining amount will be divided to pay for legal fees, lost wages, property repairs and other losses.
For more information about a subrogation claim during a personal injury lawsuit in Texas, consult with a Dallas personal injury attorney.

If you have never had to pursue financial compensation for an injury before, you may not know what to expect from your first meeting with a personal injury attorney in Texas. While the initial consultation can seem daunting, it is an opportunity for a lawyer to answer your questions, usually at no cost to you and no obligation to hire the law firm. It also gives you the chance to find out if the personal injury lawyer is the right fit for your case. Knowing what to expect can help you prepare for your first meeting.

Who Will Be Present at the Meeting?

Most initial consultations with personal injury attorneys are only between the potential client and the attorney. There may be a paralegal or assistant present to take notes, as well. Ask the lawyer you meet if he or she will be the person who will be handling your case. If not, ask to meet the lawyer who will be your legal representative.

What Is the Purpose of the Meeting?

The purpose of the first meeting with a personal injury attorney is for the lawyer to hear the basic facts and fully understand your case. This will allow the lawyer to know whether he or she can proceed with a legal cause of action on your behalf. The initial meeting will also explain the essential points of the legal process, as well as determine your role in the case. For example, your attorney may explain the importance of following your doctor’s treatment plan. Another goal for the initial meeting is for you and the attorney to meet each other and find out if you are the right fit.

What Should You Bring?

You can bring certain documents with you to your first meeting with a personal injury attorney to give him or her more information about your case. While this is voluntary and not mandatory, it can make it easier for the lawyer to understand whether you have grounds for a case. It can also make the legal process more efficient should the attorney choose to offer his or her services. Bring documents related to your accident and injury, such as photographs, medical records, copies of x-rays, pay stubs, a police report, eyewitness statements, an injury journal and your insurance plan.

How Long Will the Meeting Last?

The answer to this depends on you and your case. If you have a particularly complex case, it may take longer for the personal injury attorney to understand its elements and explain the relevant legal doctrines to you. The same is true if the accident gave you severe or life-changing injuries. If you have a straightforward case, however, the consultation may not last as long. In general, the average initial consultation takes around one hour.

What Questions Should You Ask?

The initial meeting with a personal injury lawyer is a fact-finding mission for both you and the lawyer. Come prepared with a list of questions to ask the lawyer about your case and your rights. These questions should include, “Do I have a case?” “How much is my case worth?,” “How many weeks will it take to finish my case?” and, “Do you think you will need to go to trial?” The information you collect during your meeting should allow you to understand the basic facts of your case and whether you have one.

What Should You Look for in Your Personal Injury Attorney?

You should also ask questions directly related to the lawyer and his or her experience. The point of these questions will be to judge whether the lawyer is the right fit for you and your specific personal injury claim. Ask about the lawyer’s experience in your practice area, as well as case results achieved. You should leave your meeting with a good feeling about the attorney if you plan on hiring him or her.

If you get injured in an accident in Texas, someone may owe you financial compensation for your losses. Retrieving payment for your medical bills and other expenses takes filing a personal injury claim. It is important to understand the court process for the typical personal injury case so you can prepare for what lies ahead. A lawyer can help you with your personal injury claim in Texas.

The Plaintiff (Usually) Hires an Attorney

You may need to hire a personal injury lawyer to represent you during your claim, especially if you have serious injuries or anticipate your case going to trial. Although the vast majority of personal injury claims settle, cases involving liability disputes or other complications may need to go to court. Hiring a personal injury lawyer at the beginning of your claim can ensure the full protection of your rights either way.

All Parties Involved Investigate the Case

The first step in resolving a personal injury claim is all the parties involved investigating the case. The plaintiff, the plaintiff’s attorney, the defendant and the defendant’s insurance company will all have the chance to investigate what happened. Investigations often involve reviewing available information and evidence from police reports, accident reports, medical records, eyewitnesses, photographs and video footage.

The Plaintiff Submits a Demand Letter

If a lawyer’s investigation finds that someone else caused your accident and injury due to negligence, your lawyer will help you file a demand letter. The demand letter initiates your insurance claim. It has a basic description of the accident, why you believe the defendant is liable and a list of the damages you are seeking as payment. It should also include a sentence threatening to take the case to trial if the insurance company does not handle it fairly.

The Plaintiff and Insurance Company Negotiate

Upon receiving your demand letter, the insurance company will conduct its own investigation if it has not already done so. The insurance company will either accept or deny your claim based on the facts discovered. If the insurance company accepts your claim, it will offer a settlement to resolve the issue. You and your lawyer can negotiate for a fair amount and end the case there, if desired. If you do not reach a settlement, your lawyer will help you take the case to court instead.

The Plaintiff’s Attorney Files a Lawsuit

Most personal injury cases do not need lawsuits, as they settle before reaching this stage. If your case does require a lawsuit, however, your lawyer will help you with the required court documents and filing paperwork. Your lawyer will need to submit the filing paperwork to the civil courts in the county where you live or the county where the accident occurred by the deadline. In Texas, you have two years from the date of your accident to bring a lawsuit against a defendant.

The Claim Goes to Trial

If your personal injury claim goes to trial, your lawyer can help you understand the basic court process in Texas. While every case is unique, all civil trials have essentially the same 10 steps. Your personal injury lawyer will represent you through all of the phases of your lawsuit, whether you reach a settlement during pretrial mediation or your case goes all the way to court.

1. Pretrial negotiations
2. Discovery phase
3. Jury selection
4. Opening statements
5. Presentation of evidence
6. Witness testimony
7. Cross-examination of witnesses
8. Closing statements
9. Jury deliberation
10. Verdict

During your trial, your side of the case and the defendant’s side will have the opportunity to present evidence to a panel of 12 jurors. The jury will review the evidence and decide whether you met the burden of proof to establish the defendant’s liability as more likely to be true than not true. If so, the jury will give you a judgment award to cover your losses. If not, the jury will not find the defendant liable. Your lawyer will then have the chance to file an appeal or a motion for a new trial, if desired. Work with a lawyer on every step of your personal injury case for the best odds of success.

Most personal injury claimants anxiously await the ends of their cases. Some jump at the chance to settle as quickly as possible, without making sure the amount received adequately covers past and future losses. Settling quickly can be dangerous, however, as once a personal injury case settles, it is almost always impossible to reopen it.

Can You Renegotiate After Signing a Release Form?

At the conclusion of your personal injury case, before the defendant or insurance company will pay out a settlement, you will receive a liability release form to sign. This is a legally binding contract stating that you are giving up all further rights to sue the defendant for the same injury or accident in exchange for the amount agreed upon. This document is important for the defendant, as it protects him or her from future liability lawsuits. As the claimant, it is your duty to make sure you are satisfied with the settlement offered before you sign a release form.
Do not rush into signing a liability release form. If you regret signing later, you cannot take it back. Except in extremely rare circumstances, the courts will not allow you to reopen a personal injury case once you have signed the release form. You will be legally bound to the settlement agreement. While you may feel pressured to sign quickly, finish your case and receive a check, it is critical to take your time with negotiations. Double-check that you are recovering a fair amount for both past and future damages before signing.
If you do wish to renegotiate or reopen a settled case, you will need to prove to the Texas courts that you have a valid reason for doing so. You will need to make a motion to the court with a legal reason, such as fraud during your case, a clerical mistake or new evidence. Only if you or your lawyer can prove legal grounds for reopening a case will you be eligible to set aside a judgment and renegotiate for a different amount.

Can You Bring a New Claim Against Someone Else?

Another option for financial recovery may be a new personal injury claim against a different defendant. This will only be possible if someone other than the existing defendant played a part in causing your injury, such as the defendant’s employer, a product manufacturer or a property owner. An accident investigation can determine if more than one party is to blame for your injuries and losses.
If your accident case involves multiple responsible parties, signing a release form to settle with one party may affect your ability to recover further compensation from a different party. This will depend on the language of the settlement release form. Some releases prohibit you from pursuing additional claims related to the same accident – even if you wish to bring a claim against a different defendant. Others allow you to pursue further compensation as long as you do not list the paying party as a defendant.

What Should You Do to Ensure a Successful Outcome the First Time?

Do not risk settling for less than you deserve for an accident or injury in Texas. In most cases, you will not be able to renegotiate after signing a release form, even if you realize the defendant should have paid more for your losses. The best way to ensure a fair and full settlement the first time around is by hiring an attorney to negotiate for you.
An experienced Dallas personal injury attorney can help you accurately calculate both past and future losses. If you have a serious injury, your lawyer can estimate the future value of your medical expenses and other costs to make sure you do not settle for less than you need. If you do wish to reopen your case, a lawyer can help you file a motion with the courts. Work with a lawyer from the very beginning of your case for the most successful claim possible.

A victim’s medical bills are one of the main types of damages in a personal injury case in Texas. It often surprises people to discover that hospitals and health insurance companies can stake a claim for part of the financial award received in a personal injury case. This claim is a medical lien, and it is used to repay health care centers for a victim’s medical debts. Learn how a medical lien may affect your personal injury case, as well as how to handle this issue.

About Medical Liens in Texas

A medical lien is a legal claim to someone else’s property or assets as a means to recover the costs of medical bills. If you get injured in an accident, your medical expenses can be significant. The average victim cannot pay out of pocket to cover medical bills upfront. In this situation, the hospital or health insurance company may front the costs of treatments and seek reimbursement later. This is a process called subrogation, which gives the hospital or insurance company the right to seek reimbursement from your settlement.
Not all hospitals and health care providers in Texas allow patients to use medical liens. Since liens are essentially a type of credit for a patient to pay for health care later, only certain providers are willing to take on this risk. A provider that does accept medical liens will need assurance that the patient will pay the hospital back. For this reason, most medical providers only accept liens if they think the patient has a strong case against a defendant.
If you need a medical lien to help you pay for health care costs after a serious accident in Texas, find a doctor willing to accept this payment arrangement. The doctor or hospital will give you a lien agreement to sign. This is a legally binding contract saying that a portion of any award won for your personal injury claim will go to the doctor according to the terms of the agreement. Typically, the agreement stipulates that the doctor must receive payment before the patient receives a penny. It is important to consult with a lawyer before signing a medical lien agreement.

How a Medical Lien Can Affect a Personal Injury Case

While a medical lien will not impact the basic personal injury claims process, it will affect how much you receive in financial compensation. With a medical lien in place, you will not own 100% of a settlement or judgment award given to you during a personal injury case in Texas. Instead, the owner of the lien will automatically receive a portion of your award. You will only get to keep what is left of the award after fulfilling the medical lien and paying off other debts, such as legal fees.
The strength of a medical lien against your claim will depend on the terms of the subrogation agreement. Medical liens are generally negotiable in Texas. However, most doctors are not interested in negotiating lien rights since they do not understand them and will need their lawyers to review them. The most effective way to negotiate with a doctor on a medical lien agreement is with assistance from an attorney.

Why You Should Hire a Lawyer to Negotiate a Medical Lien

A medical lien with the wrong terms could lead to a binding legal contract that hurts your rights and takes a large portion of the award you receive for your accident. Standard lien agreements favor the doctor, hospital or health insurance company, not the patient. Hiring a lawyer to review a medical lien agreement before you sign can make a significant impact on your future.
Your lawyer can benefit your case and protect your rights by working with the doctor to create lien terms that are fairer for you. Your lawyer may be able to discount your medical bills, for example, or work out an arrangement if you do not win your case. Hire a Dallas personal injury lawyer to help you with a medical lien in Texas for the best possible case outcome.

Most personal injury claimants want to expedite the insurance claims process as much as possible. They are dealing with expensive medical bills, property damage and lost wages, in most cases. They want to complete the insurance process and receive a check for benefits right away. Unfortunately, it is not always possible to speed up an insurance claim. Different companies have different ways of processing claims. However, each state has rules requiring insurance companies to respond to claims within a certain amount of time.

The Insurance Claims Process in Texas

After you file an injury claim with your insurance company or that of the at-fault party, you will have to wait for the company to assign a claims adjuster to get back to you. The adjuster may call you as soon as the day of your accident, or it may take several days. The amount of time you will wait depends on the company and the number of claims it is currently processing. It will also depend on the law in your state.

15 Days to Acknowledge Your Claim

In Texas, an insurance company legally has no more than 15 days from the date it receives your initial claim to issue a response. The insurance company must notify you within 15 days that it received your claim and has begun processing it. Typically, the insurance company will send you basic claims information and a Proof of Loss Form to fill out when it initially responds to your claim. You will need to fill out this form and submit it to continue the insurance process.

Approval or Denial Within 15 Days of Receiving Your Proof of Loss Form

It is important to wait until you fully understand your injuries and how long they will take to heal, as well as the cost of future treatments, before submitting your Proof of Loss Form and medical documentation. You should wait until your point of maximum medical improvement – the date a doctor believes you will heal as much as you ever will. Waiting until this point can delay your insurance claim, but it can be important if you wish to obtain full compensation for serious injuries. Once you submit your Proof of Loss Form, the insurance company legally has 15 days to review your information and either approve or deny your claim.

45 Days With a Valid Reason

The insurance company can extend the 15-day investigation period to 45 days if it gives you a valid reason. With an acceptable explanation, the insurance company can wait until 45 days after receiving your Proof of Loss Form to accept or deny benefits in Texas.

• Further investigation needed
• Inadequate medical documentation
• Requests for more information
• Liability dispute
• Lack of insurance coverage available

If you believe the reason the insurance company gave you for extending its investigation is invalid or does not apply to your case, ask for an internal review. You may also wish to contact a lawyer about potential insurance bad faith. Delaying a claim without reason is a common example of bad faith, or an insurance company intentionally mishandling your claim to save money.

Can You Expedite an Insurance Claim?

The average insurance claim takes about three months to achieve a payout. If your case has complicating factors, however, it could take longer to resolve. Although most personal injury claims in Texas settle at the insurance stage, if your claim needs to go to trial, expect it to take one year or longer to receive a payout.
Hiring a personal injury lawyer to negotiate your insurance claim or injury lawsuit for you can expedite the claims process. Your lawyer can cut time off of your claim wherever possible, such as by submitting full information and documentation regarding your injuries right away. A lawyer can also help you take legal action if an insurance company is guilty of an unreasonable claim delay. A lawyer will let you know how long it will most likely take an insurance company to pay out your claim from the very beginning, so you know what to expect.

The COVID-19/coronavirus pandemic brought with it new risks, problems and questions. The world has had to adapt swiftly to a constantly evolving situation. No industry was left unaffected, including the legal sector. Personal injury law responded by offering the opportunity to file injury cases for COVID-19-related losses, in some circumstances. Find out if you have grounds for a personal injury claim during a free consultation with a lawyer in Texas.

Did You Contract COVID-19 at Work?

Contracting the coronavirus in itself will not constitute grounds for a personal injury claim. You will need proof that someone was negligent and that this is why you contracted the virus. A common example is contracting COVID-19 at work. Your employer has a legal responsibility to keep you reasonably safe from injuries and illnesses, including the coronavirus.
If your employer negligently failed to keep you safe, such as by forcing you to return to work without taking the proper precautions or sanitary measures, you could have grounds for a claim against your employer for contracting the virus. You may be eligible for workers’ compensation in Texas, or else be able to bring an injury claim against the company.

Did You Contract COVID-19 on a Cruise Ship?

Information from the Centers for Disease Control and Prevention (CDC) says that cruise ships are more likely to transmit COVID-19 than most other settings due to the enclosed spaces, dense populations and close living situations. Furthermore, the CDC says that decreasing populations onboard cruise ships without taking other mitigation measures will not protect passengers. If you were a passenger or crewmember on a cruise ship when you contacted COVID-19, you may have grounds for a negligence claim against the cruise line for failing to take proper precautions in preventing the illness.

Did You Lose a Loved One Due to COVID-19 Medical Malpractice?

Most hospitals and health care workers have done their best to stop the spread of COVID-19 and care for infected patients. Some facilities, however, have not taken the proper steps to ensure patient care or protection. Medical malpractice such as failing to maintain a safe premises, lack of sanitation protocols and lack of proper employee training could lead to hazards for patients, such as a higher risk of COVID-19 transmission. If you suffered adverse health complications or lost a loved one due to medical malpractice during the pandemic, you may have grounds for a claim against the health care center or emergency room.

Was a Nursing Home Negligent in Caring for Your Loved One During the Pandemic?

The elderly are especially vulnerable to COVID-19. They have the highest odds of developing severe and life-threatening symptoms. It is especially important during this time for nursing homes to take care of their residents. Nursing homes must take reasonable steps to prevent disease transmission, such as hand-washing stations, staff member training, premises sanitation and quarantining residents when necessary. If a nursing home failed to properly care for its residents and this led to your loved one’s illness or death related to COVID-19, you may have grounds to bring a claim against the nursing home in Texas.

How Has COVID-19 Impacted Legal Processes?

If you believe you can file a personal injury claim for COVID-19, contact a personal injury lawyer right away for legal assistance. The pandemic has impacted normal legal processes. You may have to file online, for example, rather than submitting your claim to a courthouse directly. Your case may take longer to resolve due to backups in your city’s court system. You may also need to wait longer to file if your medical treatment or surgery has been delayed due to the virus. Note that some states have tolled personal injury statutes of limitations, while others have not. In Texas, the Supreme Court ordered the suspension of some time limits for lawsuits. Contact an attorney as soon as possible to find out how COVID-19 might affect your case.

The aftermath of an accident can be extremely confusing for you as an injured victim. Your need for financial support may be urgent as you deal with expensive property repairs and medical bills. Unfortunately, insurance benefits are not immediate. It could take a few months to resolve your claim, at the earliest. Some cases take one year or longer to complete. The best way to expedite your claim is by hiring a personal injury attorney. A lawyer can walk you through all the different ways you may be able to speed up your claim.

Hire a Personal Injury Attorney

Handling your personal injury claim alone could lead to making mistakes that slow down the processing of your case. A lawyer will have all the tips and tricks on how to speed up a claim from years of experience, such as settling with an insurance company rather than going to trial. A lawyer will know whether it is possible to speed up your claim without compromising its resolution. If so, your lawyer can take steps toward cutting time off the claims process, such as filing your case promptly and hiring the right experts. Working with a lawyer from the very beginning of your injury claim can ensure the fastest, most efficient and most effective claims process possible.

Avoid Common Filing Mistakes

One of the ways in which a lawyer could potentially speed up your personal injury claim is by avoiding mistakes that interfere with claims processing. Unrepresented claimants can accidentally skip steps or miss requirements when filing their causes of action. This can force the courts to return the claim paperwork for corrections or to request more information. Going back and forth with the courts or an insurance company due to preventable paperwork errors can add a great deal of time to your claim. If you wish to avoid common filing errors and expedite claims processing, have a lawyer in Texas fill out and submit the paperwork for you.

Submit Proper Injury Documentation

An insurance company may reject your claim or ask for additional evidence if you fail to submit enough proof of your injuries and losses with your initial claim. This is a frequent issue that impacts the insurance company’s ability to process your claim. You may be able to speed up insurance claim processing by providing adequate injury documentation and evidence the first time around. Work with an attorney to collect and submit an appropriate amount of injury evidence for your insurance claim or lawsuit.

• Written summary of facts
• Photographs
• Video footage
• Copy of a police report
• Statements from eyewitnesses
• Medical records and bills
• Insurance policy information
• Pay stubs

A personal injury lawyer can help you gather all of the evidence available to support your claim. Then, your lawyer can submit this information to the insurance company on your behalf. Submitting all of the available evidence from the beginning could speed up the claims process by eliminating the need for the insurance company to contact you again for more information.

Be Patient – Some Claims Take Time

It is normal to want to expedite your injury claim and resolve it as quickly as possible. After all, you are most likely dealing with expensive hospital bills, losses of income and many other damages. It is important to recognize, however, that the claims process can take a while. Being impatient and settling too early could lead to an award amount that far underestimates the true value of your case. This can be dangerous, as once you accept a settlement, you cannot go back and request a higher award, even if the settlement does not fully cover your financial needs. A personal injury lawyer can help you speed up the legal process as much as possible while still fighting to achieve a suitable outcome.

Accident victims often picture large courtrooms and jury trials when they think of personal injury cases. In reality, the vast majority of personal injury cases do not go to trial. They settle at the insurance stage, with successful negotiations between the defendant’s insurance company and the plaintiff. For the most part, if you wish to seek compensation for an injury, you will have a personal injury claim, not a lawsuit. Learn the difference between the two to better understand what to expect from your case.

What Is a Personal Injury Claim?

A personal injury claim refers to an insurance claim, where an injured accident victim files for benefits from an insurance company. A personal injury claim can go through the victim’s own insurance company or the insurer of the party at fault for causing the accident. The insurance company that receives the claim depends on the circumstances of the accident, as well as the laws in your state. Texas is a fault-based insurance state, meaning an insurance claim will go to the at-fault party after an auto accident.
During an insurance claim for a personal injury, an insurance claims adjuster will review the facts of your case and all submitted documentation. The adjuster will look at your medical records, police reports, photographs and other evidence connected to your claim. The adjuster may also call you and ask for a recorded statement. It is best not to give this statement until you have spoken to a personal injury lawyer. The claims adjuster will decide whether to recommend to the insurance company to accept or deny your claim.
If the insurance company accepts your claim, it will offer a base settlement amount. It is up to you or your lawyer to either accept the initial settlement offer or negotiate for a higher amount. A lawyer can help you negotiate with the insurance company to successfully settle your claim. Most injury claims in Texas resolve at this stage of the process. If, however, the insurance company unfairly denies your claim or offers less than your lawyer thinks your case is worth, the case may go to the lawsuit stage.

What Is a Lawsuit?

A personal injury lawsuit may be necessary if you cannot reach a settlement with the insurance company. You will need to obey your statute of limitations to file a personal injury lawsuit. In Texas, the statute of limitations is two years from the date of your accident or the date that you discovered your injury. A lawsuit has several steps you and your lawyer will need to navigate.

• Claims filing. Filing requires submitting the correct paperwork to the civil courts in the county where your accident occurred, where you live or where the defendant lives. Your claim will list the damages you are seeking from the defendant.
• The discovery phase gives both sides of the case the chance to investigate the accident further. Discovery often involves depositions, witness interviews, subpoenas for evidence and documents, and accident reconstruction.
• Injury trial. When your court date arrives, you and your attorney will go to trial in your county. At a personal injury trial, both sides will present their arguments to a judge and jury. Your trial may require multiple hearings.
• After listening to arguments from both sides, a jury will decide whether the defendant most likely caused or did not cause your injuries. If a jury rules in your favor, it will award an amount it deems appropriate for your losses.

If someone else’s negligence injured you, contact a personal injury lawyer for assistance with your claim. A lawyer can increase the chances of successfully settling your case at the insurance claim stage. Having a lawyer support your claim can force an insurance company to treat you more fairly. If settlement negotiations fail, your lawyer can also represent you at an injury trial in Texas.

A personal injury can be devastating in many ways. Before you attempt to work through the complicated aspects of an injury claim, consider if hiring an attorney would be in your best interests. An attorney can make the claims process easier a difficult time. Whether or not you need a lawyer will depend on the facts of your case. If you think you could benefit from hiring a Dallas personal injury lawyer, schedule a free consultation with us to discuss legal representation.

Experience and Legal Knowledge

As a first-time claimant, you may not know how the insurance or lawsuit process works. A lawyer will have the on-the-job experience to help you work through legal processes. Hiring a lawyer can save you time, money and stress. Your lawyer can help you avoid mistakes such as failing to file within Texas’s statute of limitations. A lawyer can also provide an accurate case evaluation so you can seek the right amount of damages from the beginning.

Connections With Doctors and Experts

The success of your personal injury claim may come down to the strength of your arguments. As the injured party, is your burden to prove that someone else caused or significantly contributed to your injuries. Fulfilling this burden of proof requires a preponderance of the evidence, or enough evidence to show the defendant’s fault as more likely to be true than not true. A lawyer will have connections with people who can help you build a strong case against the defendant, such as medical experts. A lawyer will also have relationships with doctors in your city so you can receive the best possible medical care for your injuries.

Negotiation Expertise

After you file an injury claim in Texas, you will need to negotiate with the insurance company for fair benefits. The insurance company will assess the grounds on which you are bringing your case, as well as the evidence and documentation you submitted. If the insurance company accepts your claim, it will offer a settlement. It will be up to you or your lawyer to negotiate with the insurance company for a fair amount. Hiring a lawyer can improve your ability to negotiate with an insurance provider. Your lawyer can most likely achieve better results than you could on your own using aggressive negotiation tactics.

Trial Capabilities

Although most personal injury cases in Texas settle without going to trial, some require hearings. If an insurance company refuses to offer an amount your lawyer believes is fair or denies your claim outright, your lawyer can help you take the defendant to court. Going to court can force a defendant to pay the full amount of your past and future damages. Working with a trial lawyer from the beginning gives you court capabilities. In many cases, the ability to go to court is enough to pressure an insurance company into offering a better settlement. If this is not the case, your lawyer will be able to represent you during a personal injury trial in Texas instead.

No Fees Unless You Win

Most personal injury lawyers operate on a contingency fee basis. This payment arrangement means the law firm will not charge a client for legal services unless the attorney succeeds in achieving a financial award. A contingency fee payment arrangement can benefit you by relieving stress related to how you will afford an attorney. You will have zero financial risks connected to pursuing a claim. No legal fees unless you win also motivates the lawyer to work hard on your case. Your attorney will not get paid unless he or she succeeds in securing you a positive settlement or jury verdict.

Peace of Mind

Perhaps most importantly, hiring a personal injury lawyer can give you peace of mind during what may be the hardest time of your life. Your lawyer can answer questions you have about your case or the claims process in general, as well as quell your concerns. You do not have to handle a personal injury case in Texas alone. Hiring a lawyer gives you a trusted advocate who will stand next to you during insurance negotiations or a lawsuit.