A personal injury claim is a complicated type of civil suit that requires a lot from a claimant. The typical plaintiff will need to understand rules such as filing deadlines, how to prove negligence and when to take a claim to trial. Unfortunately, several factors could sabotage your personal injury claim if you are not careful. Do your best to avoid them with help from a Dallas personal injury attorney.

Mistakes Made By Claimants

 Several things can go wrong during the filing of a personal injury claim in Texas. It is up to you as a claimant to learn the rules for filing or else hire someone who does. From determining whether your insurance covers your injuries to knowing when to bring your case to trial, you will need to handle many matters to have a successful claim. Do your best to avoid the most common mistakes claimants make that sabotage claims.
 

• Failing to obtain immediate medical care. Claimants can sabotage their own personal injury claims by waiting to see a doctor too long after an accident. Delaying medical care is a reason insurance companies use to deny injury claims. They may argue that you made your injuries worse by failing to see a doctor immediately.

• Waiting too long to file a claim. The courts in Texas take statutes of limitations very seriously. If you miss your deadline to file a personal injury claim, it could end your case before it begins. Insurance companies also take deadlines seriously. Report your injury to an insurance company right away to make sure you have a valid claim.

• Not knowing how to deal with insurance claims adjusters. The mistake of telling an insurance adjuster too much could hurt your case. Do not admit fault or give more information than the adjuster requests. Do not accept a settlement offer until you have spoken to a personal injury lawyer about the true value of your case.

 You can avoid common plaintiff mistakes by hiring a lawyer and allowing him or her to take over your personal injury claim for you. A lawyer in Dallas will know how to negotiate with insurance companies and take other steps to protect your right to compensation. You can rest assured in the strength and validity of your case when you hire an attorney to handle legal matters on your behalf.

Pre-Existing Injuries

 Some issues that could sabotage your injury claim are beyond your control, such as pre-existing injuries. A pre-existing condition related to the injury for which you are claiming damages could give your insurance company a reason to deny benefits. If you are filing for a back injury, for example, but a previous workplace accident gave you a slipped disk, your insurance company might try to allege that you already had the injury in question.
 Avoid a pre-existing injury negatively impacting your claim by properly documenting your new injury. Keep all medical documents, test results, x-rays, doctor’s letters, diagnoses and treatment plans related to the injury in your current claim. You should also avoid signing any paperwork from your insurer that grants the company access to your medical records. These papers often request access to your full medical history, not just the documents connected to your most recent injury, so the company can deny a claim based on a pre-existing condition.

Insurance Bad Faith

 Other common factors that sabotage personal injury claims in Texas have to do with bad faith by insurance companies. Your insurer might not treat your case fairly, honestly or in accordance with state insurance laws. Insurance bad faith could compromise your claim and lead to a negative outcome. Common examples of insurance bad faith are delaying your claim, denying benefits without a valid reason, avoiding your phone calls and refusing to offer a reasonable settlement. If you suspect insurance bad faith, contact a lawyer right away. Hiring a lawyer may be necessary to force an insurance company to treat your claim fairly.

Medical malpractice is a type of wrongdoing by professionals in the medical field. It refers to any negligent or intentional action or omission during diagnosis, treatment or health management that injures a patient. Every year, thousands of patients sustain injuries and illnesses due to medical malpractice. If you notice any signs of malpractice in your health care, you may have grounds to bring a civil claim against your physician, the hospital or another party. 

How Do You Know If You Have a Case for Medical Malpractice? 

 Most patients believe medical malpractice happens much less often than it actually does. In a 10-year period, defendants had to pay 143,713 claimants for medical malpractice claims. These are just the cases that went to court and succeeded. Texas is one of the top states for medical malpractice claims, along with California, Florida and New York. Although many actions can constitute medical malpractice, certain errors are more often involved in lawsuits than others.

• Birth injuries
• Misdiagnoses
• Delayed diagnoses
• Medical product defects
• Failures to treat
• Surgical mistakes
• Anesthesia errors
• Failures to warn of known risks

 If you are a patient in Texas and you experience a poor health outcome, it does not necessarily mean you are the victim of medical malpractice. The legal definition of medical malpractice, or medical negligence, in Texas is the violation of a duty of care to a patient by a health care provider. A physician must have been negligent in your health care in some way for you to have a medical malpractice case.

What Are the 4 Ds of Malpractice?

During a claim, it will be up to your side of the case to prove the defendant guilty of medical malpractice. Most plaintiffs need attorneys to help them prove their cases. This is a complicated practice area with many rules and regulations in Texas. You may need proof such as eyewitness testimony, expert opinions and medical records. Proving negligence during a medical malpractice claim takes four main elements: the four Ds.

1. Duty. The medical field assigns certain duties of care to those within the practice. Physicians, nurses and other health care practitioners must do what is in the best interests of their patients. They owe this duty as soon as they accept patients into their care.
2. Dereliction. Dereliction is a deviation from the accepted standard of medical care, or a failure to fulfill a doctor’s obligations. It can describe any act of negligence, carelessness or wanton disregard for a patient’s safety that another health care provider would not have committed in the same circumstances.
3. Damages. Damages are the specific losses or harm a patient suffered because of the dereliction of a health care provider. Medical malpractice damages in Texas can refer to economic losses, such as medical bills and lost wages, as well as noneconomic damages, such as pain and suffering. Some cases also involve punitive damages.
4. Direct cause. Finally, the health care provider’s breach of the duty of care must have been the direct cause of the patient’s injuries, damages and losses. In other words, the patient’s injuries would not have happened were it not for the defendant’s negligence or breach of duty.

 Proving the four Ds during a medical malpractice suit in Texas may take hiring a medical expert to testify as to the defendant’s duties of care and alleged breach of that duty during a patient’s care. If you believe you have evidence of the four Ds, you may have all the signs of a medical malpractice lawsuit. Contact an experienced Dallas injury attorney to help you determine if you have a case. If so, your lawyer can help you demonstrate duty, breach of duty, causation and damages through a preponderance of the evidence. A successful malpractice suit could pay you for losses such as hospital bills, lost wages, legal fees, physical pain and emotional distress. 

Causation is a critical element in any personal injury claim in Texas. It is one of the four main elements of proof necessary for most claims. In general, a plaintiff’s attorney will have to prove a defendant responsible for the proximate cause of the injury in question to achieve financial compensation from that defendant. Defining proximate cause in a personal injury case in Texas could help you understand what elements you will need to prove your claim.

What Is the Difference Between Actual Cause and Proximate Cause?

 The actual cause of an accident, also called the cause in fact, refers to the action or omission that caused the accident. For example, if a driver ran a red light and crashed into a motorcycle, the driver’s actions would be the actual cause of the accident. The proximate cause is the primary cause of the injury. The proximate cause is the action without which the plaintiff reasonably would not have his or her injuries. In the red light example, the driver running the light would be both the actual and proximate cause of the plaintiff’s injuries.
The likelihood of a cause being proximate grows as the cause becomes more directly connected to the injury. In the car accident example, for instance, the driver running the red light might be the actual cause of the accident, but if the victim’s seat belt malfunctioned, this could be the proximate cause of the victim’s injuries. Not all cases have a proximate cause. Some only have actual causes. Either way, a defendant may be liable for damages.
 Determining whether a cause is proximate sometimes requires the but-for test. The but-for test asks what would have happened if the defendant had not committed the tort in question. It asks whether the injuries or damages in question would not have happened but for the defendant’s tort. If the foreseeably would not have happened, the defendant’s tort would be the proximate cause of the damages. If the plaintiff likely would have suffered the same damages regardless of the defendant’s tort, the tort would not be the proximate cause.

How Do You Prove Proximate Cause?

 Most personal injury claims in Texas require the plaintiff to prove the defendant’s breach of duty was both the actual and proximate cause of the damages claimed. The plaintiff’s lawyer must establish through a preponderance of the evidence that the defendant’s actions catalyzed a chain of events that reasonably and foreseeably would have caused the plaintiff’s injuries. The evidence available to prove a defendant’s fault could include photographs, videos, police reports, medical records, witness accounts, crash reconstruction and expert testimony.
 A common issue related to the proximate cause is two or more issues operating concurrently to produce a victim’s losses. For example, if a victim had a pre-existing injury from a sports incident and gets into a car crash, the pre-existing injury could be the actual cause of the damages in question. If the plaintiff can establish the defendant’s actions were the proximate cause of the accident, however, the defendant could still be liable, even if a pre-existing injury contributed to the extent of the damages claimed.
 Proving proximate cause often takes proving the defendant’s majority share of fault for the accident. Otherwise, the defendant could use the comparative negligence defense to avoid paying the plaintiff. The comparative negligence defense alleges the plaintiff contributed to the accident. In Texas, if a defendant proves a plaintiff is more than 50% at fault for the accident or injury in question, the plaintiff will lose all right to financial compensation. Otherwise, a lesser percentage of fault would reduce the plaintiff’s financial award proportionately. An accident victim must hire a lawyer to help him or her establish proximate cause and combat the comparative negligence defense in Texas. A Dallas personal injury lawyer can increase the odds of obtaining maximum compensation.
 

Every victim is unique. No two people are exactly the same, with identical strengths and weaknesses. Some victims have medical histories, past injuries and pre-existing conditions that could exacerbate their injuries in an accident. The eggshell skull rule exists for these types of claimants. Learn how this doctrine might affect your claim as an accident victim with a pre-existing condition in Texas.

What Does the Eggshell Skull Rule Mean?

 The eggshell skull rule states that a defendant who is liable for a plaintiff’s damages will be liable for them as they are. The defendant will have to pay for the plaintiff’s related medical bills, lost wages and other damages even if that plaintiff had a pre-existing condition that led to more severe injuries than another victim likely would have suffered. The defendant must take the plaintiff as-is, pre-existing conditions and all. The eggshell skull rule holds a defendant responsible for a plaintiff’s uncommon and unforeseeable reaction to the accident or tort. 
 Even if the plaintiff had a peculiar condition that magnified the effects of the tort, the defendant will be liable for the damages as they are. The rule takes its name from a common example of how it works: if a plaintiff had a weakened skull, as brittle as an eggshell, and sustained a catastrophic brain injury in an accident because of this pre-existing condition, the defendant will be responsible for all the victim’s losses – even if a victim with a stronger skull would not have had the same injuries. The doctrine holds a defendant liable for all the consequences of his or her actions, including those that were not foreseeable.

Does the Eggshell Skull Rule Apply to Emotional Injuries?

 Texas law allows a plaintiff to claim damages for both physical and emotional injuries. Emotional injuries can refer to post-traumatic stress disorder, emotional distress, grief, humiliation, anxiety, depression, loss of consortium and lost quality of life. As of now, however, the eggshell skull rule does not apply to emotional injuries. It is only usable as a doctrine in physical injury claims. That does not, however, mean you will be unable to obtain fair compensation for your emotional injuries after an accident.
 Although you may not be able to use the eggshell skull rule, you and your personal injury lawyer could argue your eligibility for noneconomic damages by demonstrating your losses using evidence. Emotional injuries may be invisible, but that does not mean they are impossible to prove during an injury claim. Evidence of emotional injuries can include medical records, notes from mental health professionals, expert witness testimony, an injury journal, and testimony from your friends and family members. 

Does It Vary by State?

 The eggshell rule can apply to both criminal and civil cases. In a criminal case, prosecutors can use the rule to hold the defendant accountable for all the injuries and consequences a victim suffered due to the crime, even if a pre-existing condition exacerbated these injuries. The eggshell skull rule, or a version of it, exists in most states. However, the exact law and specifics of each statute can vary by state and county.
 In Texas, the eggshell skull rule protects plaintiffs with pre-existing injuries. It is up to the plaintiff or his or her lawyer to prove the existence and extent of the injury through medical documentation. The lawyer will also need to prove the defendant’s majority share of fault to protect the plaintiff’s eligibility for compensation. Texas is a comparative negligence state, meaning a plaintiff’s partial fault will reduce his or her financial recovery. If the courts find a plaintiff more than 50% at fault for the injury, the comparative negligence law bars the plaintiff from recovery entirely. Hire a personal injury attorney in Dallas to help you with your injury claim, especially if it involves the eggshell skull rule.

Any car accident claim can be difficult for a victim to navigate. If that victim has a pre-existing injury, however, it can be even harder to obtain a fair settlement from an insurance company. An insurance carrier might try to use a pre-existing injury as a reason to deny the claim or reduce payout. Learning how a pre-existing injury or condition might affect your personal injury claim can help you prepare for the process ahead. 

What Is Considered a Pre-Existing Condition?

 A pre-existing condition in terms of personal injury law is any health or medical condition for which the claimant has already received treatment or medical advice before the date of the accident. It can refer to any illness, injury, disease, mental health condition, nervous disorder or ailment the claimant had with reasonable medical certainty before the accident. Common pre-existing conditions include back injuries, degenerative disk disease, prior bone fractures, soft-tissue injuries, whiplash and brain injuries. Pre-existing conditions can also refer to asthma, diabetes and other medical conditions.

How Can it Affect an Injury Claim?

 Having a pre-existing condition can impact your claim in a couple of ways. First, it could make the injuries you suffered in the accident worse than they would have been without your pre-existing condition. If you have degenerative disk disease, for example, a car accident could exacerbate this condition and cause an injury such as disk herniation. Your injuries and symptoms could be worse than someone without the pre-existing condition in the same situation. You may be eligible for greater compensation. 
 If an accident exacerbates a pre-existing condition, file an insurance claim for your injuries – including any physical ailments the accident worsened. A pre-existing injury will not bar you from recovery. You will have the right under the eggshell skull rule to claim damages for the aggravation of a pre-existing condition. The eggshell skull rule is a legal doctrine giving a plaintiff the right to obtain compensation from a defendant for a negligent or intentional tort that worsens the plaintiff’s pre-existing condition. It states that a defendant at fault for the tort will be liable for the victim’s injuries as-is – even if a pre-existing condition or peculiar characteristic magnified those injuries.

How to Handle a Claim Involving Pre-Existing Injuries

 A pre-existing injury should not interfere with your right to recover compensation; however, an insurance company might tell you otherwise. The insurance company that receives your accident claim might try to avoid payout by alleging your injuries were pre-existing. The insurer might try to argue that you had the injuries before the accident and that its policyholder is, therefore, not liable for your damages. It is important to handle these claims carefully if you wish to recover fair compensation from a defendant in Texas.
 Go to the hospital immediately after a personal injury accident. Disclose all pre-existing conditions. Keep copies of your medical records and treatment plans to show an insurance carrier later. When you file your insurance claim, do not sign anything or give the insurance company permission to access your medical records without first talking to a lawyer. The waiver the insurer might want you to sign could grant the company access to your full medical history rather than only the records related to your recent accident. This is a ploy an insurance company could use to try to argue the ineligibility of your injuries for coverage.
 Hire a lawyer to help you with a claim involving a pre-existing condition or injury an accident exacerbated. These claims can be complicated and require a lawyer’s knowledge and skill. A lawyer can gather the correct medical records, protect you from insurance carrier bad faith, hire medical experts and argue for maximum compensation on your behalf. A pre-existing condition should not keep you from financial recovery after an accident in Texas. Work with a Dallas personal injury attorney to obtain the best possible results for this type of injury claim.
                 

After a serious accident, you might receive correspondence you do not want from many parties: insurance claims adjusters and bill collectors, namely. One type of communication you might receive is from your doctor’s office, reminding you about an outstanding unpaid bill. As the victim of an accident, however, you might be unable to pay your medical bills upfront. This should not interfere with obtaining the medical treatment you need for your injuries or disabilities. A letter of protection is a document that could help you receive medical care while you wait for a settlement.

How Do You Write a Letter of Protection?

 A letter of protection is a document your personal injury lawyer can draft that essentially says while you do not have the money right now to pay your doctor or hospital, you are in a court proceeding and will use the results of it to satisfy your medical debts. It is a letter assuring your health care provider that you will use part of any settlement or judgment award won during your personal injury case to pay off what you owe. If you have trouble finding a care provider that accepts letters of protection and medical liens, ask an attorney for assistance locating one.
 Sending a letter of protection can allow you to continue receiving the medical care you need without receiving constant letters or phone calls about your outstanding debt owed. It can also provide your doctor with peace of mind about the care already provided. A letter of protection is a legal notice your lawyer can draft for you. If you are the injured party, ask your personal injury attorney to send a letter of protection to your doctor on your behalf at the beginning of litigation.
 A letter of protection will include your name (the client’s name), any relevant dates and the medical procedure you received. It will give the name of the law firm and/or attorney and verify that the firm has taken your case and is currently pursuing compensation from the at-fault party. It should assure the recipient that if your lawyer succeeds in obtaining a cash settlement or a jury verdict at trial, you will repay any outstanding debts. It should be polite, succinct and to the point. It may also include the law firm’s contact information for any further questions or concerns.

 Is a Letter of Protection a Lien?

 An official letter of protection serves the same purpose as a medical lien. The two terms are interchangeable depending on the state. A lien is a legal claim one party has to the property of another party if the second party fails to repay a debt owed to the first party. A lien is a type of contract that gives one party the right to take the property of another in lieu of payment for an unpaid debt if the debtor does not pay within a certain amount of time. A letter of protection essentially serves the same purpose. It is a contract that assures a doctor that while you cannot pay upfront, you will pay when your case resolves and you receive payment from the defendant.
 Upon sending a physician a letter of protection, you will be under a legal obligation to give the medical provider his or her cut of any settlement or judgment award won in a lawsuit in the future. When working with an attorney, he or she can arrange a payment to your medical providers for you after obtaining a settlement, so you do not have to worry about this yourself. If your lawyer fails to obtain financial compensation for your damages, you will still owe a debt to the provider of your medical care. The health care provider will then have the right to pursue the full cost of the bill from you as it normally would, such as through bill collectors. A lawyer can help you with a letter of protection from the very beginning of the process.

A common carrier is a special type of vehicle. It is a vehicle people use for commercial or work purposes, such as carrying paying passengers or transporting cargo for businesses. In Texas, thousands of common carriers fill the roads every day. Common carriers must obey unique rules, regulations and responsibilities that typical motor vehicles do not. If you get into an accident with a common carrier, the claims process will look different. Work with a Dallas personal injury attorney for legal advice about these complex types of claims.

Examples of Common Carriers

Common carriers refer to vehicles that transport goods or people for business purposes. Common carrier enterprises include trucking companies, taxi companies, airlines and railroads. It typically costs money to use or employ a common carrier unless the vehicle offers its services to the general public for free. Recognizing common carriers can help you understand whether your recent car accident involves related laws in Texas.

• Commercial truck
• Taxicab
• Limousine
• School bus
• Public or private bus
• Tour bus
• Airport or hotel shuttle
• Rideshare vehicle
• Light rail vehicle
• Mail delivery vehicle
• Utility truck
• Waste removal truck
• Oil and gas pipeline operators

A common carrier accident refers to a traffic collision with any common carrier or commercial vehicle in Texas. If you discover the other driver in your accident was operating the motor vehicle for occupational purposes, you might have collided with a common carrier. In this case, the claims process will have rules and steps you would not have encountered with a typical auto accident. Contact a lawyer if you need assistance bringing a claim against a common carrier in Dallas.

Who Is Responsible for a Common Carrier Accident?

The duty of care to prevent collisions is higher for common carriers than standard drivers in Texas. Common carriers have a duty to exercise a high degree of care in preventing foreseeable risks and accidents. Carriers must use the level of care a prudent, cautious and reasonable party would under similar circumstances. Failure to do so is negligence. If you get into an accident with a common carrier you suspect is guilty of negligence, that party may owe you financial compensation for your damages.
One of the main differences between a typical car accident case and a common carrier accident is the doctrine of vicarious liability. Vicarious liability holds parties such as employers, companies and parents accountable for the actions of those under their jurisdiction. After a crash with a common carrier, the company could be vicariously liable for the actions or negligence of its drivers or employees. Bringing a claim against a company instead of an individual may take help from an attorney; otherwise, the company’s aggressive legal team might take advantage of you.

How to Handle a Common Carrier Accident in Dallas

Determining liability, collecting evidence, building a claim and negotiating a resolution with an insurance provider after a common carrier accident can become easier after you hire an attorney. A common carrier accident lawyer in Dallas could help you learn and defend your rights. A lawyer can investigate your crash for signs of negligence by the company, such as improperly trained drivers or ignored vehicle maintenance needs. If the common carrier broke a federal or state law or one of its staff members was negligent, the company may owe you compensation for your losses.

• Vehicle repairs
• Totaled vehicle replacement
• Past and future medical expenses
• Lost wages
• Legal expenses
• Pain and suffering

You will generally have two years from the date of your common carrier accident to bring a cause of action, according to Texas’ statute of limitations. Do not wait to speak to an attorney, however, because if the common carrier is a government entity such as a school district, you will only have 180 days from the accident to file a claim. Contact an attorney in Dallas as soon as possible about your rights and legal options as the victim of a collision with a common carrier. You may be eligible for compensation.

You are not alone as someone who wishes to share aspects of your life with your friends and family via social media. Millions of users log onto Facebook, Instagram, Twitter, SnapChat, TikTok and other social media apps daily. Around 70% of Americans use social media sites, according to the Pew Research Center. If you get into a personal injury accident, it is in your best interest to restrict what you post to social media. Posting the wrong thing could have the power to reduce your financial recovery award…or eliminate it completely.

Why You Should Avoid Social Media

Your Dallas personal injury lawyer will most likely advise you to stay off of social media for the duration of your personal injury case. Investigators can access content posted across social sites and use it as admissible evidence. The defense may be able to take anything you post and turn it around to paint you in a negative light. Staying active on social medial during a claim could interfere with your ability to recover in many ways.

• Contradicting your story. You or one of your friends might post something that contradicts the story you have been telling. If you say you have chronic pain that interferes with your enjoyment of life, for example, posting photos of you bowling or at a party could hurt your case.
• Undermining your reliability. If you post something on social media that contrasts any information you gave to an insurance company, no matter how minor (such as a photo showing you at Disney when you said you were at work), this could be enough for the defense to establish that you are an unreliable witness.
• Divulging your location. Something as seemingly innocent as checking in at a location could still serve as evidence against you during an injury case. The defense might use the fact that you checked in at a yoga studio as proof that your injuries are not serious, for instance, no matter why you were at the studio.
• Saying the wrong thing. Even if you are careful about what you post on social media, you cannot control what your friends or family members post. Comments regarding your case or lifestyle, such as how much money you wish to make in a settlement, could hurt your case or damage how you look to a jury.
• Trying to cover up evidence. Deleting messages or photographs you think might be incriminating could harm your case further. Investigators have ways of retrieving deleted content. The fact that you deleted things could look suspicious to a judge or jury, regardless of the actual content of the material deleted.

It can be difficult to predict how the defense may use your social activity against you during a personal injury claim. Changing your privacy settings will not keep investigators out. The best way to protect yourself from potential social media pitfalls is to delete or freeze your accounts during your claim. Do not post anything, check-in anywhere or let your friends tag you in any photos on social media sites. The same is true for other forms of digital communication. Be careful what you email, text and message to others, as this could also become evidence during your case.

Do Not Run the Risk – Log Off During Your Claim

Many injured parties believe they are exceptions to the rule and can do better about posting carefully on social media during an ongoing injury case. Unfortunately, they underestimate the ways in which an aggressive defense team can twist posts and online activity into evidence against them. Even the most prudent plaintiff could make a mistake on social media that comes back to hurt his or her claim. The best way to optimize your odds of obtaining fair compensation for an injury is by pausing your social media use entirely until the conclusion of your case.

With serious injuries from an accident in Dallas, what you want most may be to receive your settlement so you can put the case behind you and finally move forward. It is normal to feel impatient with the claims process, especially if you have a particularly complex or arduous case. However, having patience with your claim could ultimately allow you to obtain greater compensation from the defendant, such as by being willing to go to court to pursue maximum recovery. Learn what timeframe you might expect during a claim in Texas to better prepare yourself for the future.

Each Case Is Unique

Before you read about typical timeframes for personal injury claims in Texas, realize that each case is unique. An average timeline might look far different from the reality of your case. When you hire a personal injury attorney, you can ensure a timely and efficient claims process. A lawyer’s time is money. He or she will want to expedite your claim as much as you do. Your attorney can make sure you submit all the correct paperwork, provide sufficient evidence, meet Texas’ deadlines and fulfill other requirements for an efficient claim. Only an attorney can give you an accurate estimate of how long he or she believes your case will take to settle.

Medical Treatment: Day 1 to the Point of Maximum Medical Improvement

The first phase of a personal injury settlement is the claimant seeking medical treatment. You may need to go to the hospital immediately after your accident and enroll in a treatment regimen that could last days, weeks or years. It is important to wait until you have reached the point of maximum medical improvement before calculating the value of your claim. Otherwise, you might not know how much your injury or disability will cost in the future or impact your life.

Insurance Claim: Day 1 to Day 30

Something else you can do the day of your accident is to initiate the insurance claims process. Most insurance companies require claimants to report their accidents within one to three days. Prompt reporting could protect your right to insurance benefits. Insurance companies in Texas have 30 days from the date they receive claims to resolve them. In the first week, a claims adjuster may contact you as he or she begins an investigation. Be careful what you say to an adjuster as he or she is not on your side. If you do not trust yourself to speak to an adjuster, retain a lawyer to do so for you.
You should hear from an insurance company within a few days after filing your claim to confirm the insurer received all the required paperwork. Then, within 30 days, the insurer must approve your claim, deny your claim or request more time for further investigation. If the insurance company requests more time, it must give you an estimated timeframe and a valid reason for the extension. If you suspect the insurance company of delaying your claim without reason, speak to a lawyer about potential insurance bad faith. If the company accepts your case and you come to a settlement agreement, expect to see your first check within two weeks.

Personal Injury Trial: Day 30 to Day 365 and Beyond

The average injury insurance settlement takes around two to three months from the date of the accident to complete. Many factors could alter this timeline for your case, including the nature of your injuries, the investigative process and whether the defendant refutes fault. It may take much longer to resolve your claim if you need to proceed to trial. Although most personal injury lawsuits conclude with pre-trial settlements, some require trials for fair compensatory awards.
A personal injury trial in Texas can take one year or longer to resolve. Some claims take a few years to reach jury verdicts. The trial process will involve pre-trial negotiations, a discovery phase, depositions, evidence collection, hearings and possibly appeals. An attorney can walk you through these processes and help you save time along the way wherever possible. Keep in mind you only have two years from the date of your accident to file an injury claim in Texas. Contact a lawyer right away to meet your deadline and begin the claims process promptly

Your first encounter with a personal injury attorney can be daunting. You might not know what to expect or how to get the most out of your free initial consultation. Asking the right questions can help you understand more about your claim and the possibility of filing a lawsuit in your county. It can also give you peace of mind about the future by leading you to the correct attorney for your needs. Arrive prepared by bringing a list of smart questions with you to your first meeting.

What Is the Lawyer’s Experience in This Practice Area?

Different attorneys specialize in different practice areas. Search for a lawyer that offers services for your particular type of accident, such as a commercial truck accident or a slip and fall attorney. During your meeting, ask for more details about the lawyer’s experience in your practice area. Find out how many years the lawyer has been practicing and his or her success rate with cases like yours. The lawyer you choose should have at least a few wins under his or her belt in your practice area.

Do You Have a Claim? What Is it Worth?

Ask whether the lawyer believes you have grounds for a lawsuit based on the information and facts you have provided. The lawyer may think you have a claim but tell you he or she is not the right person to represent you or say you do not seem to have a claim at all. Either way, get a second opinion from another attorney. Someone else may see things differently. If the lawyer does think you have a case, ask about its potential value. Finding out what your case might be worth can help you negotiate with insurance companies.

Who Will Actually Be Taking Your Case?

Many mill-type firms accept dozens of cases at once and pass them off to paralegals, assistants and associates rather than providing one-on-one attention from lead attorneys. Ask if the lawyer you are talking to will be the person handling your case. If not, ask which attorney will be taking over after your initial consultation. Find a firm that provides care and attention from a licensed attorney, not less-qualified staff members.

Can the Firm Go to Trial?

Most personal injury cases settle without needing to go to trial. Sometimes, however, it is necessary to take a defendant to court for fair compensation. Retain a firm that is comfortable going to trial if the need arises. Otherwise, you could get stuck having to find and hire a different attorney partway through your case, if settlement negotiations do not seem to be working. Find a law firm with trial propensities from the start for the simplest legal process. Hiring a lawyer an insurance company knows can go to trial could also lead to higher settlement offers.

Will You Have to Pay If the Firm Loses?

In general, you should not have to pay for your attorney if he or she loses your case. Most personal injury law firms accept clients on a contingency fee basis, meaning no fees after lost claims. Find an attorney that will accept your case with no fees upfront (no retainer necessary) and that will only charge you for his or her services after the lawyer obtains you a financial settlement or verdict. This fee arrangement can give you peace of mind financially while you recover from serious injuries.

How Long Will My Case Take?

Although each case is unique and unexpected delays can arise, a lawyer should be able to give a rough estimate as to how long he or she thinks your case will last. A lawyer can base this estimate on factors such as the severity of your injuries, whether you have reached the point of maximum medical improvement, how cooperative the insurance company has been and how long similar cases generally take. Knowing how long your claim could take to settle can prepare you and your family for the journey ahead.

Filing a personal injury claim serves multiple purposes, but one of the most crucial for a victim is obtaining a compensation award for economic and/or noneconomic damages. A positive injury settlement could contain award amounts to cover many different damages, including medical bills, lost wages, and pain and suffering. While each personal injury settlement is unique, the broad types of damages potentially available to a victim remain the same in Texas.

What Are General Damages?

The two main damage categories in a Texas personal injury claim are compensatory and punitive. Compensatory damages serve to reimburse a victim for his or her losses. Several specific types of damages exist under the broad category of compensatory damages. The two subcategories of compensatory damages are general and special. General damages are those most reasonable accident victims would suffer in a personal injury accident, such as physical pain, emotional suffering, mental anguish, lost enjoyment of life and distress from permanent disabilities or disfigurement.

What Are Special Damages?

Special damages in a personal injury settlement are out-of-pocket losses that are unique to the individual victim. They may include past and future health care expenses, lost income, lost future earning capacity, legal fees, travel costs and the price of property repairs. Special damages are the quantifiable financial losses the victim experienced because of the defendant’s actions or conduct. To obtain special damages, the victim or his or her attorney must prove specific losses through receipts and documentation. Proof can come in the form of medical bills, paystubs and estimates from vehicle mechanics.

What Are Exemplary Damages?

Exemplary damages, often called punitive damages, in personal injury settlements are extra compensation awards granted to a victim in cases involving a defendant’s malicious, intentional or wanton acts. A judge may award exemplary damages in a personal injury case if the defendant’s actions warrant an additional restitution award as a form of punishment. A judge may also issue punitive damages if he or she believes compensatory damages do not adequately compensate a victim for severe, traumatic or permanent losses.

Pain and Suffering

Pain and suffering is one of the main types of general damages available in most personal injury claims. Pain and suffering can refer to many different forms of physical pain, mental anguish or emotional distress. A victim may be eligible for pain and suffering damages if the accident or injury caused significant emotional repercussions.

• Anxiety or fear
• Depression
• Post-traumatic stress
• Physical pain
• Chronic pain
• Grief
• Humiliation

Proving pain and suffering can be more difficult than proving measurable economic damages. Proof can come in the form of testimony from mental health experts, letters from treating psychologists, or statements from family and friends. A lawyer can often help a victim prove pain and suffering as part of an injury settlement.

Can You File a Claim?

As the victim of a personal injury accident in Texas, you could be eligible for compensation to cover special, general and/or punitive damages. Proving your economic and noneconomic damages may take assistance from a personal injury lawyer in Dallas. In most cases, your lawyer will need to establish four main elements to obtain a compensation award on your behalf.

1. Duty of care. The defendant in your case must have owed you specific duties of care at the time of your accident.
2. Breach of duty. The defendant must have breached, or failed to fulfill, his or her duties of care to you.
3. A direct connection must exist between the defendant’s breach of duty and the damages you are claiming.
4. Your lawyer must provide proof of economic and/or noneconomic damages related to the accident in question.

Your attorney can review the facts of your recent accident to let you know if you have grounds for a claim against one or more defendants in Dallas. If so, your lawyer could help you negotiate a fair settlement award for your special and other damages during an insurance claim. If a settlement is not possible, your attorney may be able to take your case to court.

An injury claim goes through the civil justice system to try to obtain financial compensation for an accident victim. An injury claim is something an injured party can file against one or more parties for allegedly causing the harm in question. After a car accident, for example, a victim may be able to a personal injury attorney to file an injury claim against the at-fault driver for damages.
A lawyer will search for certain elements required for a valid injury claim when a client comes to him or her for assistance. The client will schedule a free consultation, ask questions about his or her accident and explain what happened to the lawyer. Then, the attorney will determine if the accident victim has a case by looking for a few main elements.

Filing Before the Deadline

A lawyer must file a personal injury claim before the state’s deadline, or statute of limitations, for a valid claim. The courts in Texas do not allow many exceptions to the statute of limitations. They are very strict in which cases they hear and which they deny. In Texas, the time limit on a personal injury lawsuit is two years from the date of the accident or discovery of an injury. A lawyer must file a claimant’s personal injury lawsuit within two years or forfeit the right to demand compensation at all.

A Defendant With a Duty of Care

Identifying the defendant is one of the first tasks necessary for an injury claim. The defendant is the party the victim blames for the accident and injuries. A defendant could be a physician, driver, property owner, product manufacturer, employer, criminal and/or other parties. Naming a defendant may take an investigation of who or what caused the plaintiff’s injuries. Many injury claims involve more than one party sharing fault for the incident.
Once the attorney identifies the defendant, the next task is to gather proof the defendant owed the plaintiff a duty of care at the time of the accident. A duty to exercise reasonable care is something the defendant may have owed the plaintiff according to the circumstances or relationship. A doctor, for example, owes special standards of care to his or her patient. The defendant must have owed the plaintiff a duty of care at the time of the accident for a valid claim. Many attorneys hire expert witnesses to help establish the defendant’s duty of care during injury claims.

Proof of Negligence or Breach of Duty

The second element of proof needed for a valid injury claim is negligence. The legal doctrine of negligence is the foundation for most personal injury claims. Proving negligence means to show the defendant breached his or her duty of care to the plaintiff, causing the accident and injuries. A breach of duty could be any act of negligence, careless, disregard or intent to harm the defendant exhibited toward the plaintiff.
The lawyer will also need to establish a causal relationship between the defendant’s breach of duty and the plaintiff’s accident or injury. Negligence alone is not enough to prove a defendant’s liability for damages. The defendant’s negligence must have been a substantial factor in causing the plaintiff’s damages. Otherwise, the defendant may not be liable for the accident. Causation is an important element a lawyer must prove in any injury claim.

Evidence of Damages

Finally, an attorney needs proof of a victim’s damages for a valid injury claim. Even if the defendant had been negligent, this would not be grounds for a claim unless the victim suffered specific damages as a result. Damages can refer to any economic or noneconomic losses the victim experienced because of the defendant’s breach of duty of care. Texas civil courts allow victims to file lawsuits for both or either type of damages.

• Physical injuries
• Emotional distress
• Pain and suffering
• Medical expenses
• Loss of income
• Lost quality of life
• Loss of consortium
• Wrongful death damages
• Property damages
• Punitive damages

Proof of a victim’s damages can come in the form of hospital bills, health care receipts, lost wage documents, pay-stubs, photographs, property repair quotes, interviews with witnesses and testimony from the plaintiff him or herself. Documenting the types and values of a victim’s damages is a necessary part of any injury claim in Dallas.

When you are hiring a Dallas personal injury attorney, it can be difficult to wade through legal terms so you can ensure you find the attorney that is right for you. One term you may have noticed is contingency, as well as its opposite, non-contingency. How do these terms apply to your case?

What Is a Contingency Case?

Attorneys may work on a contingency basis, which means that you will not have to pay up front for the attorney’s time. Instead, you will enter into a contingency fee arrangement, in which the attorney will agree that no upfront fee is necessary and you will agree to give the attorney a certain percentage of any settlement or judgment. If the case is unsuccessful and you do not win, you do not owe the attorney a fee.
Overall, contingency cases can allow access to attorney services for clients who may not otherwise be able to afford them. Clients can pay with a portion of the results of the case, while the attorney assumes some risk that they will not win the case. However, some attorneys decline certain cases they feel may not prove worth the risk.
Some attorneys work on a contingency basis regarding the fees for the time spent on the case, but will require the client to pay for other related expenses. Expenses may include filing fees, expert testimony fees, or medical expenses. This partial contingency basis may still allow for greater access to attorney services for some clients.
Often, attorneys in the personal injury, workers’ compensation, property damage, and class action lawsuit areas will work on a contingency basis. Such cases have the potential for significant settlements, making the attorney’s time well spent for a percentage of the settlement.
Many people feel that working on a contingency basis provides an attorney with extra incentive to pursue a fair settlement amount for the client. However, a good attorney will work hard for a client regardless of compensation style.

What Is a Non-Contingency Case?

Most attorneys take cases primarily on a non-contingency basis. The client hires the attorney to act as their legal advocate for the purposes of the case. The client pays the attorney outright, either on an hourly basis or a flat fee to provide representation.
Often, attorneys who work on a non-contingency basis will charge clients a retainer, essentially a deposit that guarantees a certain number of hours of the attorney’s time working on the case. If the case exceeds that number of hours, the attorney will charge additional fees. Attorneys often charge other fees, such as filing fees and expert fees in addition to the hourly rate.
Attorneys working on family law, real estate, criminal or bankruptcy and other business cases typically charge a retainer and work on a non-contingency basis. These cases do not involve awards or settlements the client can draw from to pay attorney fees. However, if you win your case, the opposing side may pay court costs and attorney fees for you.

How Much Do Attorneys Cost?

Contingency fees typically comprise about one-third of the settlement amount. Also, keep in mind that filing fees, discovery costs, and overhead fees typically cost hundreds of dollars each. Expert witness fees can reach several thousands of dollars or as much as your attorney himself. Non-contingency attorney fees can begin at $250 per hour. All of these fees depend on your individual case – particularly its complexities and the degree of risk to the attorney – as well as the specifics of the fees in your area.
Always consult with an attorney to get an idea of how he or she would handle the fees related to your case. The consultation phase is crucial so that you can understand how fees will be determined.

The infrastructure in your city or even your home could pose many hidden dangers. For example, we know that some old building materials, like lead and asbestos, can lead to detrimental effects like brain damage and cancer. However, what about materials like old gas lines? Can these pose a risk to you and your family?

America’s Aging Natural Gas System

Unfortunately, tales regarding the dangerous nature of America’s natural gas system abound. In 2014, news of a gas explosion in Harlem rocked the nation, after an aging infrastructure was responsible for the death of 8 and injuring dozens more. A crack in an old gas pipeline was reportedly responsible for the leak – piping that was more than 100 years old. Just how much of America’s gas infrastructure is like this? What danger does it pose to the average city dweller?
The nation’s natural gas pipeline is a large network of pipes that carry from underground wells to your appliances every day. This labyrinth of pipes comprises more than 2.4 million miles and distributes natural gas all over the country. Most of this network is smaller pipes that go directly to your stove, or water heater, or whatever other appliances in your home run on gas. The rest – about 20% — are larger pipes that gather gas from refineries and transport it long distances throughout the country.
Domestic gas production has increased exponentially in recent years thanks to practices like fracking. This means that higher volume may overburden the already aging natural gas system. To address this, municipal and energy authorities are announcing new gas projects, complete with plenty of new pipelines. Though new pipelines are in the works, municipalities have done little to address the current aging pipelines that run under community homes.

What Causes Gas Leaks?

Over time, gas lines can corrode and eventually rupture, leading to leaks underground. In other cases, gas leaks may arise from extreme weather like hurricanes and the high winds they bring.
Cast iron pipes are more likely to corrode and lead to catastrophic leaks. The U.S. Department of Transportation notes that the majority of cast iron piping is isolated to five states:  New York, Massachusetts, New Jersey, Pennsylvania, and Michigan.
Unfortunately, one of the main problems with America’s aging natural gas infrastructure is that gas companies lack the proper incentive to replace them with new ones. Under current law, gas companies can pass the cost of replacing pipelines on to consumers. While newer plastic models are much safer and more durable, it could be decades until gas companies replace them to protect the health of the consumers they serve.

What Can You Do About Gas Leaks?

Natural gas is naturally odorless, but most gas companies add scent to it so it resembles the smell of rotten eggs. If you smell leaking gas on your property, alert the gas company right away. It’s possible that you have a gas leak that needs immediate attention.
Similarly, be vigilant about any construction going on in your neighborhood. You may notice the utility company come out to mark the location of gas lines with flags – it’s important to leave these flags where they are and discourage children from playing with them.
Aging gas lines can present a serious problem to American families. Left unchecked, these pipes that run underground can cause serious harm from leaks and explosions. Gas companies have a responsibility to replace piping with more effective and durable plastic, and the government has a duty to protect the consumer from absorbing the cost associated with replacement. By addressing these points, we can protect everyone from the dangers associated with aging gas lines.

An accident or injury can lead to serious financial, physical, and emotional consequences for you and your family. A personal injury settlement can help you address these challenges by providing compensation for your injuries, pain, and suffering. Several types of damages exist in a lawsuit, and several factors might influence the ultimate amount of your settlement from an insurance company. Consider these factors and how they may affect your right to compensation.

How Severe Are Your Injuries?

The extent of your injuries is one of the most important things that will affect your ultimate personal injury settlement. For example, an injury involving a traumatic brain injury or multiple surgeries will have a higher payout than for a broken bone or a soft tissue injury. Severe injuries generally carry higher economic damages, and the cost of future care will be more extensive as well. Victims of these types of accidents will likely receive higher compensation for non-economic losses like pain and suffering.

Who’s Liable?

Liability also plays an important role in determining how much money you may receive in a personal injury settlement. For example, shared liability may play a role in a claim if a jury finds you partially at fault for an accident. In this case, your settlement or court judgment will face a reduction based on your percentage of fault. If you were 20% at fault for an accident and sought $100,000 in damages, for example, your ultimate award could be $80,000.

Insurance Policy Limits

Unfortunately, some personal injury payouts depend on the limits of an at-fault driver’s policy. If you sustain injuries in a car accident, for example, you may only be able to collect damages to the extent of the at-fault driver’s policy. Since policy minimums in Texas often do not adequately cover the costs of serious injuries, pain, and suffering, it’s a good idea to carry underinsured and uninsured motorist coverage to pick up the slack.

Did the At-Fault Party Commit Gross Negligence?

In some cases, such as those involving reckless or wanton conduct, you may be able to collect punitive damages. This is a kind of non-economic damages that punish the defendant for wrongdoing and discourage similar negligence in the future. Settlements involving gross negligence often involve high payout amounts for the plaintiff.

Are Your Medical Costs Both Reasonable and Necessary?

Insurance companies look at the extent of your medical damages, and a claims adjuster will try to determine if your medical care is both “reasonable and necessary.” Unfortunately, not all claims adjusters will see some medical care or procedures as medically necessary and may try to reduce your claim amount. This highlights the need for a personal injury attorney to negotiate on your behalf and hold the responsible party accountable for the full degree of your injuries, pain, and suffering.

Are There Multiple Parties Involved?

In the case of multi-vehicle accidents, your claim amount may depend on the insurance policies of the drivers involved. Multi-vehicle accidents can lead to a lot of back and forth between insurance companies that argue over the degree of their insured driver’s fault. This may ultimately affect your claim amount and the timeline in which you receive a settlement.
Your personal injury settlement may depend on several factors – for example, the degree of your injuries, the policy limits of all the parties responsible, and whether a responsible party acted with reckless intent. A personal injury attorney will work closely with the insurance companies to negotiate a fair settlement on your behalf, which ultimately leads to a higher payout amount.

Burns are painful injuries that leave long-lasting effects such as scars, nerve damage, and disfigurement. Most people associate burns with fire, but there are actually several types of burns, and medical professionals use a degree scale to classify the burns they treat. It’s important to understand the different types of burns and how they happen to prevent injuries to yourself and others.

Thermal Burns

The most common type of burn is a heat burn or thermal burn. This type of burn occurs when a person comes into contact with a hot surface, boiling liquid, open flame, or explosion. Some common examples of thermal burns include touching a hot stove burner, spilling hot tea on exposed skin, or suffering a burn from a flare-up on a gas grill.

Electrical Burns

High-voltage electrical discharges can cause severe burns as well as a host of other medical issues. The human body conducts electricity, so people are vulnerable to electrocution and electrical burns. Exposure to electrical currents can also cause severe nerve damage, interfere with the rhythm of the victim’s heartbeat, and cause other neurological problems.

Chemical Burns

A chemical burn occurs when a person comes into contact with corrosive or toxic substances. An example would include touching wet concrete, which can cause severe burns if it remains on the skin for too long. Breathing in corrosive gasses can also cause burns in the respiratory tract and esophagus, and some inhaled chemicals can cause brain damage.

Radiation Burns

Exposure to dangerous radiation can burn the skin and increase the risk of developing certain cancers. Sunburn occurs from overexposure to the sun’s rays and is the most common type of radiation burn. Most people experience this type of burn at least once in their lifetimes. The sun emits ultraviolet rays that can burn the skin, cause eye damage, and increase the risk of skin cancer over time.

Treating Burns

Doctors and medical professionals use a degree scale to classify burns. A first-degree burn is the least severe and a victim can generally treat such a burn at home with over-the-counter first aid supplies, such as burn ointment and bandages. Most people can also treat mild sunburn at home using aloe-based ointments and over-the-counter pain medication such as ibuprofen. However, a first-degree burn in a sensitive area of the body or one that covers more than 10% of the surface area of the skin should receive medical attention.
Second-degree burns are more severe, penetrate more deeply through the skin, and have a high potential for scarring. Third-degree burns penetrate completely through the skin and are medical emergencies. Chemical burns and electrical burns almost always require medical attention due to the high chances of secondary issues such as respiratory problems, neurological interference, and altered heart rate.

Long-Term Medical Issues from Burns

Most severe burns carry a high potential for scarring and long-term damage. Scar tissue in certain areas of the body, such as the joints, can limit range of motion or cause discomfort when moving. Scar tissue doesn’t have the same elasticity as healthy skin, and a burn victim will notice as he or she moves the affected part of the body, the scarred skin tugs on the healthy skin surrounding it, causing itching, discomfort, and pain.
People who suffer severe burns must often undergo multiple skin-grafting surgeries and other restorative procedures to correct function in the affected parts of the body. Scars can also be emotionally devastating, and many burn victims experience psychological trauma as well as physical issues. It’s vital to understand how to tell the difference between a burn that is treatable at home and one that demands medical attention.

When you think of retaining a lawyer, you might imagine a big courtroom with your legal representative in the midst of a heated argument before a judge and jury. While this scenario is certainly possible, it’s unlikely. In fact, only about 4% to 5% of personal injury cases in the U.S. go to trial. The vast majority reach successful settlements during pretrial negotiations with the insurance company or another defendant. Keep this in mind when wondering whether your lawyer should have trial experience, and then consider these facts:

There is a Chance Your Case Could Go to Trial

Yes, the odds of going to trial are slim; however, it is possible that pretrial negotiations won’t work for your claim, and the courts will need to impanel a jury to decide the case. The prospect of a potential trial will have a significant impact on your case and its value, regardless of whether it ever reaches the courtroom. In the event that pretrial hearings cannot resolve your case, your lawyer needs to be able to accept the responsibility of representing you during a personal injury trial. Imagine discovering your case needs to go to trial, only to find your lawyer has zero courtroom experience. This is why most plaintiffs want trial attorneys, not just personal injury lawyers.

Insurance Companies Are Savvy to Local Law Firms

You want the upper hand when it comes to negotiating your personal injury claim with an insurance company. Otherwise, the insurance agent or claims analyst can take advantage of you and offer much less than your claim is worth. One of the best ways to protect your best interests is to retain a trial-tested attorney for insurance negotiations. Why? If the insurance company knows your lawyer doesn’t typically go to trial, it can offer less because it assumes settlement is the only option. For maximum compensation, you want your negotiations to reflect the fact that if you cannot settle your case, it will go to trial.

You Need an Expert Negotiator

Settlement negotiations can get intense. There is a lot on the line – the amount your lawyer secures you can greatly impact your financial future. A lawyer with trial experience will be thinking of your case in terms of a potential trial. The lawyer will be considering what evidence you need to prove your case, the best methods for presenting this evidence, how to respond to possible defenses, and many other aspects. Even if your claim never goes to trial, you will benefit from the mindset that it could. Trial-tested attorneys excel at juggling many difficult and complex elements of a claim, from beginning to end.

All Trial Experience is Not Created Equal

Keep in mind that just any trial experience might not help your particular case. You need to find an attorney with experience successfully handling claims that are similar to yours. For example, if you need to join a class action against a drug manufacturing company, you don’t want to retain a lawyer who has only gone to court representing car accident lawsuits. Look for a track record of winning cases and securing jury verdicts for clients in similar situations to your own. You always want an attorney with experience in your area of injury law.

No Trial Experience Isn’t a Deal Breaker

Despite the benefits that go along with retaining an experienced trial attorney, it certainly isn’t a requirement. Sometimes, a lawyer with no trial experience is one who is exceptional at negotiating during pretrial meetings. This can work in your favor since settling pretrial is cheaper and faster than going to court. In the end, knowledge of how to successfully negotiate a settlement for maximum compensation might be more important than trial experience. The right lawyer for you depends on your specific claim.

You attended a free case evaluation and spoke directly with a local Personal injury lawyer. You explained what happened and discussed your injuries. At the end of the meeting, you were shocked to discover the lawyer wasn’t interested in taking your case. What happened? Knowing why a personal injury attorney won’t take your case is important for your future and personal peace of mind. Here are a few reasons why an attorney may have rejected your case:

You’re Contacting the Wrong Attorney

It’s possible that a lawyer won’t take your case because you contacted one without experience in your type of claim. During your search for the right attorney, make sure you find one who lists the practice area that’s appropriate for your type of accident. If you’re trying to start a medical malpractice claim, for example, don’t contact a lawyer who only has experience handling car accident cases. Odds are, this lawyer wouldn’t take your case. Search for prior experience handling cases that are similar to yours.

You Don’t Have Enough Damages or Losses

In most cases, attorneys don’t offer their services for free. Instead, they work on contingency-fee bases, in which they subtract their attorney’s fees from their clients’ compensation awards upon successfully completing the case. You may be hearing “no’s” from lawyers if you were in an accident but only suffered minor injuries or damages. Your case probably isn’t worth enough to make hiring a lawyer worthwhile. If you think this is the reason you can’t get an attorney, consider trying to negotiate an insurance settlement without a lawyer.

There Is No One Liable for Your Accident

Many people mistakenly assume there is always someone liable for their accidents and personal injuries. Unfortunately, this isn’t always the case. Depending on state laws, there may not be any person or entity legally responsible for your damages. You must have four main elements to prove most personal injury cases:

1. Someone else owed you a duty of care.
2. That someone breached his or her duty to you.
3. The breach of duty caused your accident.
4. You suffered damages as a result.

Sometimes, accidents are no one’s fault. You may have gotten hurt due to an act of God, such as bad weather. Perhaps a tree limb from your neighbor’s property fell and hit you, but your neighbor was responsible in his efforts to trim the tree. Perhaps your own actions led to the accident more than anyone else’s. The bottom line: Not all claims are grounds for personal injury lawsuits.

Your Case is Too Small (or Too Big) for the Lawyer

After a lawyer turns you down, consider that maybe your case is too big or too small for that particular law firm. Some boutique firms don’t have the resources or experience to handle high-value claims or those that need to go to trial. A major firm might not accept claims beneath a minimum value. Shop around for a law firm that takes on cases that are the same caliber as your own to optimize your odds of an affirmative answer. An appropriate-sized firm can benefit you by offering the right kind of help, personal attention, and price for your unique claim.

When injured persons file a lawsuit to recover damages, they hope to receive fair financial compensation. Sometimes they will hear the amount awarded by the jury and think they will receive that amount. However, many states have passed laws limiting the payout amount, the so-called damage cap. Read on to learn more about damage caps, what types of damages face caps, and other rules that affect the amount awarded in a lawsuit.

What Are Damage Caps?

If an individual is injured because of negligence during medical care, he or she may file a medical malpractice claim. This lawsuit claims a provider did not practice standard operating procedures, failing to diagnose or treat a patient’s injuries. A damage cap exists to limit how much a service provider will have to pay, with each state enacting its own limits. States set these caps to prevent juries from awarding excessive payout amounts. Damage awards of millions of dollars would drive up insurance costs and eventually raise doctors’ fees to deal with the upwardly spiraling costs. Some states block lawyers from mentioning a damage cap, thus freeing the jury to award whatever they deem fair and enacting the cap after the fact. In some cases, judges have capped the payout themselves to reduce a payout to something they considered reasonable.

Caps for Different Damages

Even in situations where the law requires payout caps, the type of damage awarded determines which cap applies. Several categories of damages exist, including economic, non-economic, and punitive.

Economic and Non-Economic Damages Caps

Any concrete, measurable expenses for medical care, rehabilitation, or loss of wages falls into the economic category, with defined limits already in place. Non-economic damages cover any damages not already included in the economic category. This includes pain and suffering, loss of quality of life, and mental anguish. These damages do not follow definable expenses or future expenses based on already known data or charts. A jury must employ a subjective approach to determine non-economic damage payouts. Most states have passed caps on these types of damages. However, states exempt cases that deal with wrongful death or grievous injuries (e.g., loss of limb, organ, etc.) from the damage caps entirely or have a higher cap in place.

Punitive Damages Caps

These damages, sometimes called exemplary damages, serve to punish willful acts of wrongdoing. These damages should deter the wrongdoer and others in a similar position from these acts in the future. Federal guidelines set in place in 2005 place limits to prevent extremely high punitive damages payouts; however, these limits still allow large awards in certain situations. States took this a step further, placing strict limitations on punitive payouts in personal injury claims, some eliminating them altogether. A variety of caps now exist, some with multiplying factors to set caps in place.

Other Rules

States established further tort reforms. For example, a plaintiff once could receive all damages from a single defendant when multiple defendants shared the blame. Now, the obligation to pay applies to all defendants. Another rule added by the states, collateral source, prevents defendants from mentioning any compensation a plaintiff may have already received, like payouts from the plaintiff’s own insurance. This prevented juries from potentially reducing a payout by taking into account payments already received. This rule applies to all medical malpractice lawsuits and in many personal injury claims. Some state courts later declared this rule unconstitutional. Several resources exist to help you find out what damage caps exist in your state, as well as what exemptions or special rules apply for specific situations.

Prosecution is the process through which the state brings criminal charges against an individual. Any prosecution must have a foundation of probable cause or reason to believe the individual committed the crimes in question. Additionally, criminal charges exist with the intent of upholding justice. “Malicious prosecution” is a legal term pertaining to any prosecution made without probable cause or for purposes other than bringing an alleged criminal to justice. A victim of malicious prosecution can file action for damages suffered because of the malicious prosecution.

Proving Malicious Prosecution

A malicious prosecution is essentially a baseless accusation brought against an individual for the purposes of harassing or distressing him or her. The plaintiff in a malicious prosecution case must provide evidence for several factors to succeed in a claim. These four elements include:

• Proving the initiator of the prosecution acted in bad faith, or for some other reason other than the pursuit of justice against an alleged offender.
• The resulting proceeding led to a ruling in the victim’s favor.
• There was no probable cause that would have reasonably led to the proceeding.
• The initiator of the proceeding acted with malice toward the victim.

Victims of malicious prosecution face several hurdles in pursing damages for these incidents. First, proving that a police officer or government agent did not have probable cause is usually difficult. The other difficulty lies in the legal concept of qualified immunity. Many law enforcement agencies and government agencies are immune from legal action from private citizens except under extraordinary circumstances. The victim will need to prove that the malicious prosecutor acted outside the scope of his or her position and engaged in willful and unreasonable conduct. The final hurdle for victims of malicious prosecution lies in state laws. Some states define malicious prosecution and unfair trials differently and will allow a plaintiff to sue for one, but not the other. Additionally, various elements of a malicious prosecution case may lead a judge to dismiss the allegations or allow the plaintiff to file an action for an unfair trial instead. People commonly conflate malicious prosecution with false arrest or false imprisonment. False arrest applies to situations in which someone without the proper authority to conduct the arrest arrests a victim. False imprisonment applies to confining someone against his or her will. Malicious prosecution only applies when someone intentionally misuses the justice system.

Damages for Malicious Prosecution Cases

Generally, plaintiffs in malicious prosecution cases seek to recover any expenses they incur because of the malicious prosecution. This can extend to attorney’s fees, court filing fees, lost income from time spent in prison or being otherwise unable to work, and other compensation. In some cases, plaintiffs can receive compensation for the emotional distress of withstanding an abuse of the justice system. Plaintiffs may also sue for damaged reputation and lost future earning potential. Anyone who suffers from malicious prosecution needs to act quickly to protect his or her rights. A competent attorney can help a victim of malicious prosecution prove the improper actions of the defendant in question and help the victim secure compensation for such a distressful – and often expensive – ordeal.

Music festivals are a great place to enjoy time off in the summer. They offer a space to relax, watch talented musicians and engage in activities with a community of fun-loving individuals. It is not uncommon, however, for the fun to get a bit out of hand and cause harm to festival guests. If you plan on attending a music festival, know what steps to take to establish a worthy case and determine the next line of action in the case of injury.

Gather as Much Information as Possible

After a medic or doctor has looked at your injuries, try to gather facts regarding the cause of the damages. Consider every element that contributed to the injury-causing event and try to collect relevant information. Ask yourself a series of questions to get started.

• How did the injury occur? You might not know the exact cause of your injury. Start with what you do know and work your way back. Was the injury caused by festival-owned machinery? Did the negligence of another guest contribute to the harm? Do some snooping to find out all the events that led up to the moment you were hurt.
• What was the duty of the responsible party? Most cases of injury are due to the negligence of another party. To prove liability in negligence cases, you must first establish a duty of care. Once you know how the injury occurred, find out what the “duty of reasonable care” was for the responsible party.
• Why did the responsible party breach the duty? When the responsible party failed to follow through with the duty of reasonable care, the law considers it a breach of duty. Proving this breach of duty is vital to a negligence liability case. If the breach of duty was out of the control of the responsible party, another party may be at fault.
• Who owns the festival venue? The owner of the festival venue will likely be the defendant if you choose to pursue a personal injury lawsuit. Depending on the specifics of your case, it may fall under the premises liability of the owner.
• Where can you find hard evidence? Hard evidence will go a long way in making your case a solid one. See if you can find tapes from security cameras that caught the event on film or take a picture of an unsafe area that caused your injury. With every piece of information regarding the event, try to obtain tangible proof.

Seek Medical Attention

At the time of the incident, you may not understand just how devastating your injury is. If, when you were hurt, you’d been drinking, the pain may not be immediate. It’s important for both your health and your case to get proper medical care. If you didn’t receive medical attention on the evening or day of the injury, do so as soon as possible after.

Calculate Your Damages

Keep every invoice and receipt you have from treatment relating to the damages. Retain bills for medical care, prescription costs and rehabilitation. If you were unable to work after the incident, calculate the lost earnings. Account for mental anguish and suffering as well if you feel it is severe enough to recover funds.

Establish Worth of Pursuing a Case

Once you have gathered all the necessary information, talk with an attorney. Together, you can calculate the damages and determine whether it will be worth pursuing a law suit. You may not realize the compensation that could entail.

Find a Trustworthy Personal Injury Lawyer

In the aftermath of a music festival injury, you could be left confused, frustrated and unsure of which actions to take. The assistance of a personal injury lawyer could help you sort out your situation and determine whether you should take further action.

Accidents can happen at any time and in any place. When one occurs in a different state than where you reside, it can complicate the claims process. The laws may be different than in your state, and you may want to hire an attorney who holds a license in the state where you are addressing the legal issue.

Protocol for Interstate Legal Problems

Jurisdiction laws typically require that you file a case in the state where the accident occurred. However, it is common for plaintiffs to want to hire a lawyer from their home state. In general, an attorney must have admittance to the state bar in the state in which he or she wishes to represent a client. This is true for any kind of case, whether you need an attorney to represent you in a personal injury suit or a real estate transaction. If you need an attorney to represent you in the state in which an accident happened, the attorney must have a license in that particular state. However, there are a few exceptions to this rule. If you would prefer to use an attorney from your home state with whom you have worked before in a different state, find out if that state will grant your attorney a limited law license. States will grant this request in some situations, usually for public defenders or legal aid services. The attorney must have a license to practice law in another state for this option. Some states also allow an in-house counsel exception, in which a corporation hires an out-of-state attorney to represent them as in-house counsel. In some cases, the state will allow an attorney from out of state to represent a client “for this one case,” or “pro hac vice.” The attorney must petition the court to represent the client and must have a license in another state. It is up to the court’s discretion whether to grant the petition, grant it with conditions, or deny the petition. A condition may be that the attorney must work with in-state counsel, for example. Pro hac vice is only a good option if the attorney is familiar with local and state laws. An attorney can obtain state licensure without taking the bar exam in certain situations. If an attorney has practiced law in another state for a certain number of years, some states will grant faster admission to the bar. This is called reciprocity.

Should You Hire an Out-of-State Attorney?

Deciding whether to try to bring an out-of-state attorney to your case or to hire an attorney in an unfamiliar state depends greatly on the circumstances of your case. If you are the defendant in a case, for example, your insurance company will likely provide you with a personal injury lawyer. In this case, you would not have to worry about hiring an attorney at all. Since most personal injury cases get settled outside of court without litigation, your attorney only needs to be competent and knowledgeable enough to skillfully handle negotiations. If you are the plaintiff, on the other hand, the state in which your personal injury attorney holds a license matters more. If you believe your case will go to court instead of reaching a settlement, it is wise to hire a personal injury attorney who lives near you. This makes it easier to communicate with them regularly about your case’s progress and work with them face-to-face. However, it is crucial that you hire an attorney with the proper skill set and expertise to obtain the best outcome for your case. An out-of-state attorney may not have as deep a grasp of the state laws as a local attorney. Ask your desired attorney if petitioning the court to practice law in a different state is the best option for your case.

A personal injury claim can bring justice to an injured victim by holding a wrongdoer accountable. Sadly, not all accident victims live long enough to see their day in court. If someone passes away while pursuing a personal injury claim in Dallas, the claim doesn’t die with them. The victim’s surviving family members or a representative of the estate may continue the claim through a wrongful death lawsuit, a survival action or both.

What Is a Survival Action?

A survival action is the closest thing available to continuing a deceased individual’s personal injury lawsuit in Texas. Texas Civil Practice and Remedies Code Section 71.021 states that a cause of action for a personal injury does not go away because of the death of the injured person. Instead, it survives and allows the decedent’s heirs, legal representatives and estate to recover financial compensation against the liable person through a survival action. A claim also does not abate because of the death of the liable party.
A survival action permits the deceased person’s (decedent’s) surviving family members or personal representative of the estate to take over a personal injury lawsuit that was started when the decedent was still alive. The main goal of a survival action is to provide compensation for the losses suffered by the decedent prior to death. These losses may include physical pain, emotional suffering, psychological anguish, property damage and lost wages.
If a survival action in Dallas succeeds, the financial compensation gained is given to the decedent’s estate for distribution rather than going directly to surviving family members. Under the estate’s control, it may first go toward repaying any outstanding debts. Then, any remaining amount is distributed based on the terms of the decedent’s will or the rules of Texas’ intestate succession law if there is no will.

What Is a Wrongful Death Lawsuit?

If an injury victim dies while pursuing a personal injury claim, another possibility is a wrongful death lawsuit. Although both of these types of civil cases seek financial compensation for a preventable death, they are two separate causes of action that can result in different types of financial compensation. For this reason, it is possible to file both a survival action and a wrongful death lawsuit simultaneously.
In Texas, a wrongful death action may only be brought by the decedent’s surviving spouse, children, parents or the executor of the estate. If a wrongful death lawsuit is successful, it can result in financial compensation given to beneficiaries or the estate to make up for the victim’s final medical costs, funeral and burial expenses, and the loss of the loved one’s care, love and companionship.

When to Contact an Attorney in Dallas

If one of your loved ones recently passed away in the middle of pursuing a personal injury claim for an accident such as a car crash, slip and fall injury, medical malpractice, or product liability claim, contact a wrongful death lawyer in Dallas as soon as possible. This type of attorney will have the knowledge and experience to explain the rights of the estate or heirs to pursue a survival action and/or wrongful death lawsuit. An attorney can take over complicated legal processes on your behalf while you plan a funeral and focus on grieving.
In Texas, a law known as a statute of limitations gives a deadline for the ability to continue a personal injury claim after the death of the claimant. Although this deadline can change according to the type of case, it is usually two years from the date of the victim’s death. It is important not to wait until the end of your deadline to consult with an attorney, however. Gathering evidence and filing the necessary paperwork takes time. Contact an attorney for legal assistance as soon as possible if your loved one dies while pursuing a personal injury claim.

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

Who Is Liable?

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

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

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

Does Renters Insurance Cover My Medical Expenses?

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

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

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