Traffic-PI-Law
Published by Adam H. Rosenblum Esq.

One of the most consistent calls that we get at Rosenblum Law is from drivers that did not know their license was suspended in New York. Unfortunately for these drivers they were pulled over for some other infraction and were given a driving while suspended (Aggravated Unlicensed Operation) ticket on top of it.

There are many reasons why your driving privileges can be suspended in New York. There are numerous state laws and other driving violations which can lead to a suspension. Below we have listed some of the top reasons why driver’s in New York get their license suspended.

  • 11 or more points. NY uses a point system for moving violations. Your average ticket is usually 3-4 points. However many times an officer can issue multiple tickets with one heavy ticket in the mix like speeding over 30mph (8 points). Multiple moving violations which are equivalent to 11 points or more will lead to a suspension.
  • Drunk Driving. Driving under the influence of alcohol or drugs is still a big problem in New York. Depending on how many times a driver has committed this offense, intoxication levels and whether he was involved in an accident all play a factor in how long his license will get suspended. A first time offense can mean at least a 6 month suspension.
  • Driving Without Insurance. All motor vehicles on the road in New York must be properly insured. If you fail to provide proof of valid auto insurance it can result in your license being suspended for one year. This also applies in cases where you allow a friend to drive your uninsured vehicle.
  • Leaving the scene of an accident. In New York, drivers are required to stop if they have been involved in a car accident. If you fled the scene without giving aid or exchanging proper documentation you can be charged with leaving the scene of an accident and have your license suspended.
  • Not appearing in court or failing to pay traffic tickets, fines or surcharges (See DMV assessment).

Driving with a Suspended License or no License. Driving with a suspended license will lead to an increase in the length of the suspension, and you may also be imprisoned for up to five years. The duration of the additional suspension varies depending on the reason for the underlying suspension. Your driver’s license may also be suspended if you do not have your license with you while you are driving.

What Should I Do If My New York Driving Privileges Have Been Suspended?

Remember that while your license is suspended you are not permitted to drive your vehicle. Having your New York driver’s license suspended is a serious matter and it is important that you have the matter taken care of before things go from bad to worse. You may be facing possible jail time or having your suspension period increased if caught driving while suspended. If you believe you were suspended for one of the reasons provided above, talk to one of our traffic defense attorneys at 888-883-5529 today to discuss your options.

categorized in: Suspended License

This post was written by Adam H. Rosenblum Esq.

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Published by Travis Hall

Trooper Travis

Consider this scenario: You and your spouse go out to dinner. You’ve had only one glass of wine and you’re feeling fine, so you drive home. On the way, you get into a fender bender and the next thing you know, a police officer is administering a breathalyzer test and you get charged with a DWI.

Even if your blood alcohol content is below the legal limit, there can be serious consequences associated with drinking and driving. Studies show there is no safe blood alcohol level when it comes to driving. In addition, a recent report found that for those aged 55 to 70, driving after even one glass of wine is especially risky.

We asked Trooper Travis about his perspective on buzzed drivers. Knowing an officer’s perspective can help you avoid a DUI/DWI.

Can officers detect when you have only had one drink?

Travis: Officers are trained to detect when someone has been drinking. I have found that approximately 9 out of 10 people who are pulled over say they have only had one drink, whether they are lying or are telling the truth. The people who admit to more than one drink either tend to be habitual drinkers and know they cannot get away with claiming to have had just one or are so afraid that they do not think to tell a lie.

As far as drinks go, anything close to pure alcohol will be most detectable to police. Liquor is more noticeable on a person\’s breath than wine, and beer is easily detectable from the hops smell. Many drivers mistakenly think that having a mint will cover up the alcohol smell, but it typically doesn’t work.

If a driver passes a field sobriety test, does that mean s/he won’t be charged with a DWI?

Travis: Not necessarily. If your BAC is shown to be .08 or above via a breathalyzer test, you will likely still be charged even if you are functional enough to pass other tests, such as walking a straight line. In addition, just because you pass a breathalyzer or field sobriety test does not mean you won’t be arrested. If you appear to be under the influence, but blow below a .08, the officer may still ask you to take a drug test – either a blood, urine, or hair analysis. Many drivers do not realize that by having a license in NY state, you are giving the state the right to drug test you. This can cause problems because drugs from a week, two weeks, or even a month ago can show up in one of these tests, and the law is based on whether the drug is present at the time of testing; when it was ingested is not relevant.

Is it better for drivers to tell the truth or remain silent about whether they have been drinking?

Travis: Telling the truth about drugs or alcohol will not prevent you from being charged. If you get into an accident and have been drinking, all benefit of the doubt goes out the window, especially if children are in the back seat. While police have some discretion when it comes to issuing citations for violations like speeding, there is very little discretion when it comes to criminal offenses such as DUI’s.

Why should drivers be honest about their actions, especially if they will be charged with a DUI regardless and the statements can be used against them in court?

Travis: While you always have the right to remain silent so as not to incriminate yourself, from an officer’s perspective, being honest and cooperative is still helpful. The officer might appreciate the driver’s honesty and be less likely to issue additional discretionary citations that often accompany DUI charges.

You mentioned it is especially bad if children are in the back seat. Is it different for a parent who has one or two drinks and then drives with kids in the car?

Travis: As a grandparent myself, I refrain from drinking when out with my grandchildren. It is common for people to have a drink with dinner or at a social event, but I advise parents to think twice before driving with their kids in the car even after just one drink. What parents often don’t realize is that if you are caught driving buzzed or drunk with kids in the car, you can be facing criminal charges for neglect to minors in addition to a DWI.

categorized in: Trooper Sam

This post was written by Travis Hall

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Auto vs Bike collisions-who is liable

With gas prices high and cooler fall temperatures in the air, now is the prime season for cycling. Unfortunately, due to the huge number of bicyclists and motorists trying to share New York’s busy roads, auto v bicycle collisions are becoming more and more common.

The most common New York bike accidents are getting “doored” (being struck by a car door that was opened unexpectedly), getting in a collision with a taxi, bike lane collisions, and accidents caused by street defects. Many cyclists complain that they are getting doored because their bike lanes are in the door zone (the space in which automobiles open their doors when pulled over).

And there is contention between drivers and cyclists, isn’t there?

An automobile gets into an accident with a cyclist in New York City. (Photo source: Flickr)

Stories of a cyclist tapping on a driver’s window to deliver a scolding on driver-to-cyclist etiquette are common. There are even more incidents of drivers freely giving bikers rude hand gestures. Recently, an NYC Cab Driver jumped the curb, severing a woman’s leg after an altercation with a cyclist.

Most drivers and cyclists are conscientious despite the stories we hear. Drivers are often cautious and are doing their best to share the road. Bikers are quick to condemn reckless fellow bikers that speed through red lights, block crosswalks, or abuse sidewalks.

Still, in 2011 there were 677 bicyclist-motor vehicle deaths and 38,000 injuries according to the National Highway Traffic Safety Administration.

Bicyclists indeed face a lot of unique challenges when commuting. They do not enjoy the sidewalk and crosswalk safety protections of pedestrians nor do they have the size or power to contend with cars on the road. So, they must look out for pedestrians on foot and show extreme caution for motor vehicles. They are in an in-between state that doesn’t classify them as a motorist or a pedestrian.

It can be difficult to determine who is at fault when a bicycle/car accident occurs. Often, the first accusation is pointed towards the car because it’s bigger and more powerful than a bike. A car also has more blind spots in which bicyclists can unwittingly hide. Motorists tend to turn directly into or in front of cyclists or fail to stop at designated areas.

There are plenty of ways that liability can be determined from these accidents though, mainly through evidence and testimony. Often, physical evidence is collected by law enforcement from the scene of the accident or pictures are taken to show the exact positions and damages. So, for example, it will be obvious who is at fault if a picture shows that a bicyclist was rear-ended or doored. That would be a no-doubt liability accident.

In cities like New York, with its crowded streets, there are often neutral witnesses at the scene of the auto v. bicycle collision. These witnesses tend to carry more authority on what actually happened during an accident than a cyclist or driver because they don’t have any personal stake in the outcome of a case. So, be sure to get contact information for any witnesses of an accident; their testimony is invaluable.

If you are in a bicyclist/motorist crash, do not sign any sort of settlement agreement with the liable party’s insurance company without having spoken to a reputable personal injury lawyer in your area. There are plenty ins, outs, when tos and when not tos that they can help you navigate so that you can recover the losses you deserve.

A related video about the safety of bike lanes (PG13):

About the Author: This post is contributed by Robert Bohn, Jr., a San Jose, CA-based personal injury attorney.

Tags: auto accident liability, bike accidents, bike vs car

categorized in: Accidents

This post was written by Adam H. Rosenblum Esq.

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Published by Adam H. Rosenblum Esq.

In February of 2014, Mayor de Blasio launched New York City’s Vision Zero Action Plan, a 63-step programmatic approach to bring the city’s number of traffic fatalities down to zero by 2024. Needless to say, zero is an ambitious goal and there is a long road ahead with 2024 not too far off. So the pressure is on and with 2014’s end approaching it seems appropriate and necessary to assess just how much closer to zero 2014 may have taken us.

Traffic Fatalities

Mayor DeBlasio signing traffic safety bills into law as part of Vision Zero. (Source: Streetsblog.org)

For starters, although NYC’s street safety performance in 2014 will be good, it won’t be great. In terms of traffic fatalities, it will be more in the vein of returning to levels seen over the last five to six years from the 2013 major spike in fatalities.

If NYC traffic deaths in November (yet to be released) and December resemble those in recent years, the city could close 2014 with 260-265 traffic fatalities, ranking it the third safest year in NYC history. It is also possible that the city may record its lowest-ever total of pedestrian fatalities, beating the record low of 140 pedestrian fatalities in 2007.

Lower Speed Limit, Increased Enforcement

Speeding is the leading cause of traffic fatalities in NYC and failing to yield to pedestrians is the leading cause of the city’s pedestrian fatalities. On November 7, 2015, the Vision Zero initiative took a new turn by reducing the speed limit to 25 mph on most city streets. According to a six-month report card on Vision Zero by Transportation Alternatives, citywide enforcement of the most dangerous traffic violations—speeding and failure to yield to pedestrians—has skyrocketed in the past year. When compared with the same period in 2013, in the first six months of 2014 summonses for speeding have increased by 32% and summonses for failure to yield have increased by 153%.

According to the Transportation Alternative’s report, however, the widespread effort to expand enforcement of the most dangerous violations does not extend to every NYPD precinct. And the inconsistency is stark enough to undermine enforcement efforts because varying levels of enforcement may increase drivers’ get away with it mentality.

So, while continuing to increase enforcement of the most dangerous moving violations is an important and significant first step in the Vision Zero initiative, consistent enforcement of these deadly behaviors remains paramount to achieving the 2024 goal.

Traffic Cameras

In addition to increased enforcement through roadside stops, NYC has increased the amount of traffic cameras that monitor drivers on the road. According to a report on the November 14, 2014 Vision Zero Symposium, speeding has dropped anywhere from 11 to 46% where speed cameras have been installed. Currently, there are 29 speed cameras in NYC, and the Department of Transportation aims to have 46 more cameras on NYC streets by the end of 2014.

By 2015, the DOT plans to raise that number to 140. According to Transportation Commissioner Polly Trottenberg, the delay in installation of these cameras is due mostly to the time it takes the city to ensure that the cameras are calibrated and operating properly. This extra care is taken in order to avoid incorrectly issued tickets that can undermine support for the camera program.

Can ‘Zero’ become a reality?

While in its first year Vision Zero has taken real steps toward its ultimate goal, making New York the world’s safest big city by 2024 is going to require more than just government policy and programs—it will demand the participation of the State Legislature, lawmakers, and citizens alike to do their part in contributing to safe practices on the roads.

If you’ve received a traffic ticket anywhere in New York, contact Rosenblum Law at 888-883-5529 for a free consultation. Our attorneys will explain your charges and let you know the best way to protect your driving record.

categorized in: NYC

This post was written by Adam H. Rosenblum Esq.

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Why choose Wright & Fisher, LLC?

When faced with a personal injury, contact the dedicated team at Wright & Fisher, LLC to help you recover your rightful compensation. We have assisted countless victims of an accident and the families that have suffered the loss of their loved one. Here’s why working with our firm is the right choice:

  • Our attorneys have more than two decades of legal experience handling cases throughout Missouri and Kansas!
  • Our legal team has been recognized among the best personal injury lawyers in Kansas City by Best of the Bar.
  • We hold membership in legal organizations that are committed to providing high-quality representation, including the American Bar Association and the Kansas City Metropolitan Bar Association.
  • Because of their knowledge and skill, our lawyers have been asked to speak at various conferences and education centers, including a position as adjunct professor at the Kansas City School of Law!

Find out more about how we can help by contacting our firm. You can fill out a free evaluation form on our site or call our office and we will get in touch with you soon to offer advice regarding your case.

Do you handle my case?

Wright & Fisher, LLC takes on a number of cases in a wide variety of areas. Here are some of the common issues we handle:

Consumers are protected under certain laws and sometimes a product leaves more than one person dealing with injuries or an illness. A class action is a lawsuit that will be used for more than one individual and, instead of having numerous cases, are handled through the same lawsuit.

There are many reasons why a car accident occurs and with millions of them taking place each year, there is a considerable amount of injuries and fatalities that occur. Many incidents could have been prevented if a driver had been cautious and if it can be shown that they acted negligently then compensation may be owed.

These types of injuries can arise from just about any incident. They are a more serious form of injury that can greatly impact the lives of those who suffer them. Catastrophic injuries can require a long healing time and many people never fully recover from the injuries they face. It may be a burn injury, spinal cord injury, brain injury or another serious outcome.

Around 4.7 million dog bites occur every year; a significant amount of these can require medical attention, including a trip to the emergency room. Sometimes the owner is at fault for failing to train the dog, keep an eye on them or keep them away from people if they were known for having trouble interacting.

Drinking and driving is known to seriously impair a person’s ability to drive safely. They can experience visual problems, a sense of relaxation that makes them less alert and a lowered sense of danger that hinders their ability to recognize their driving as hazardous. Drinking and driving is a large cause of accidents and leads to some of the most car accident-related fatalities.

Drugs and medical devices have been developed for the purpose of healing and helping. Unfortunately, they can often come with problems that leave a patient suffering the effects. Drugs are not always tested as much as they should be and devices can also malfunction or be used incorrectly. This leads to many negative side effects and often by the time a product is recalled, countless individuals have already dealt with the ramifications.

Doctors take an oath that they will care for their patients but when medical professionals fail to deliver on this commitment it can leave the patient dealing with serious health concerns. There is a high number of medical malpractice cases that occur across the country each year, many of which are never reported since patients do not always understand the rights that they have.

Motorcyclists share the roads with drivers but they are not always equally considered. Drivers can fail to look out for them and may make a lane change without looking enough to make sure the lane next to them is clear. Motorcyclists have little protection which can leave them dealing with significant, life-threatening injuries.

Many injuries could have been prevented if negligence had been avoided. It is behind a large number of accidents and involves an individual failing to use reasonable caution. It can occur in a number of ways, from an individual that is driving recklessly, to a doctor that is not giving their patients the attention they should be. Negligence cases are important to seek justice in so that the responsible party is held liable.

Many unfortunate incidents take place in nursing homes and residents can be the ones left dealing with the ramifications. They may face outright abuse such as through physical restraint or hitting, or it may be more passive forms of abuse such as leaving the resident alone and unattended to. Abuse can come with a number of debilitating outcomes that may warrant compensation.

When a pedestrian is crossing the street cars should be looking out for them. Many drivers fail to do this and can run through a crosswalk or make a turn without checking that it is clear. Without any form of protection they can deal with catastrophic injuries that a driver should be held accountable for.

These incidents can occur for a number of reasons, and many times it has to do with a failure on the part of a property owner to keep the area safe to prevent falls. The walkways may be improperly lit, there may be items in the walkway, and holes or structural defects may be present. Slipping, tripping and falling can lead to broken bones, abrasions, traumatic brain injuries and more.

These types of cases look at the responsibility of the property owner and if they failed to carry out these obligations in some way. It may include not scanning property for potential dangers, fixing known dangers or giving warning. Not all cases are black and white and it will need to be assessed if the property owner was negligent or if the injured person was not being reasonably cautious.

A truck accident can be catastrophic due to the large size and weight of a truck. Trucks are present on the roads for a number of reasons and they range in all types of sizes. With a limited view of other drivers around them and limited control to maneuver the vehicle, truck drivers need to take extra precaution when driving. There are many reasons that truck accidents occur, including driver inattention, the influence of alcohol or even weather conditions.

For a worker that is injured while performing the duties of their job or suffered an injury or illness due to the effects of their job over time, workers’ compensation may be owed. This is essentially a form of insurance that allows for easier compensation for a worker that has suffered in some way. While it can often be easier to obtain compensation in this way, it is not always enough and sometimes a lawsuit may be necessary. Workers’ compensation may also be denied and our firm is able to help in these situations as well.

Accidents can cause devastating situations, including the loss of a loved one. Families can be left mourning, on top of dealing with the cost. Compensation may be owed for a number of factors, including hospital bills, funeral costs, and lost income when the individual lost want the main income earner.

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How important is your lawyer to the success of your case?

At Wright & Fisher, LLC we take your case very seriously, we believe that if we are not making progress in your case and we are not providing you with the results that you are hoping for, then we are not doing our job correctly. We believe that if you have the right representation then you will obtain the favorable outcome that you are expecting; therefore we believe that
having excellent representation is vital to the success of any case.

What should you look for when choosing a lawyer?

When you are considering who to work with, research is important.

  • You want to look at the credentials of an attorney, as well as the experience they have dealing with situations related to yours. Even with all the right credentials though, an attorney may not be the right choice for you.
  • Some of it involves looking for one that you feel comfortable with and who understands your situation and goals. It is important to have legal representation that cares about you as more than just a claim or a lawsuit. Your situation is affecting you greatly and your lawyer should not overlook what you have had to face.
  • It is also advised that you speak with your friends and family, since they can offer a unique insight.

Ultimately, the most important factor is just to find someone that works for you and your family.

We Zealously Protect Your Rights

These cases need to be taken on forcefully in many situations, so that you are not overlooked or taken advantage of. Not only do you want someone that will be an advocate for you, you need a lawyer that has a thorough understanding of the law and the process. This is often a highly stressful situation and having an attorney keep you educated and in the loop of the status of your case can offer you a greater feeling of ease.

We Do Everything To Make Sure You Are Rightfully Compensated

If you have suffered from a personal injury, then you may be entitled to collect monetary compensation for your injuries. If you wish to pursue a legal claim, then you could be dealing with long litigation processes and many legal documents and forms that must be completed. The process of pursuing a claim can be a long and difficult one. If you wish to pursue a personal injury claim then a Kansas City attorney from our firm will be able to help you.

Our firm will be able to answer any questions you may have, we will counsel you as to the best legal action to take and we will provide you with exuberant representation of your case in court if you choose to work with us.

Choose The Best Attorney For Your Case

If you are pursuing a personal injury claim or need representation for a family law case, then do not make the mistake of selecting a mediocre attorney to represent your case. A legal representative from our firm will be able to provide you with persuasive representation and we will stand by you throughout the duration of your case to counsel you and discuss your options. Our office is comprised of a caring staff the offers personalized attention to everyone we have the opportunity to serve.

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Been injured in a car accident?

Rated as one of the leading causes of death in the country, car accidents claim the lives of thousands each year and countless other victims dealing with injuries. It is difficult to know the exact number of how many wrecks occur on the roads each year but it is estimated to be several million. These can be caused by all types of reasons; sometimes due to a natural occurrence and other times from the fault of another driver.

Negligence is a catastrophic problem on streets and highways, and if it can be proven that the other driver was at fault then there may be a case for you to obtain compensation. Schedule an appointment for a free case evaluation with our personal injury firm if you believe that the injuries that you suffered in an accident that was caused by the carelessness of the other driver.

Top Causes of Car Accidents

There are many different things that can cause car accidents.

  • One reason that car accidents occur are due to the weather. It may be fog, rain, snow or ice on the roads that makes it more challenging to driver. Sometimes it is even a single car involved in an accident and they spinout when the roads are slippery. Other times two or more vehicles are involved in the wreck and one driver may be the reason for the incident.
  • Another main problems is driver distraction. It can be talking, texting, reading, eating or daydreaming and all of these actions can take a driver’s focus off of what is in front of them. Some people can become too relaxed behind the wheel and they decide to multitask, such as by finishing their makeup application. Distractions can be cognitive, visual and manual, moving a driver’s mind from the road, their hands of the steering wheel and their focus from in front of them.
  • Another problem that causes car accidents is getting in the car after consuming too much alcohol. Drinking can severely reduce a person’s ability to drive safely and recognize potential dangers up ahead. They can become reckless, driving in a manner that puts everyone around them at risk.

Car owners are also responsible for the maintenance of their vehicle and by failing to check their breaks or get new tires they can be unprepared for a situation on the road. Sometimes it is the fault of the manufacturer or even a flaw in the original design and incidents can happen before a recall is made in a product liability case.

Work with a Car Accident Lawyer from our Firm

The damage of a car accident can be immense and these are known to be one of the most catastrophic incidents that take place. If you or your loved one has been involved in an accident then you want an attorney representing you. Compensation may be needed to cover a range of costs and you don’t want to receive less than you deserve. An attorney can help find a solution that works in your favor, while handling the stress of a case so that you can focus on your recovery. They can also assist in preventing you from taking a settlement that is lower than what you are owed. Begin by filling out a free case evaluation form on our site to learn what our personal injury lawyers may be able to do in your case.

More Information about Car Accident Statistics

Millions of individuals suffer from an accident every year whether it is through injuries or the loss of a loved one. It is estimated that around one person dies every 48 minutes from a wreck involving alcohol, making up around one third of fatal accidents. Additionally, 1,060 people are injured every day because of distracted driving. A typical driver will deal with around 200 decisions regarding driving for every mile that they drive and with so many choices and areas to focus on, becoming distracted or negligent can be life-threatening. The cost of an accident can be immense and in 2005 the sum of injuries and fatalities was estimated around $70 billion.

Around 2.3 million individuals required a trip to the emergency department in 2009. Medical expenses are high and victims can be left with hospital bills, lost wages, the cost of modifications for the injury, future lost income if they are unable to work and more. The toll of an injury is not always straight forward and it is not until time has passed that many of those dealt with injuries begin to realize how much was taken from them. Our attorney has the experience to more accurately assess this aspect of a case and to aggressively pursue an outcome that protects those injured now and in the future.

View the firm’s profile at FindaCarAccidentAttorney.com.

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Cars aren’t the only vehicle responsible for accidents on the road. While there may not be as many trucks traveling the streets, they can still be involved in a number of accidents that take lives and physically harm drivers, passengers and bystanders. When drivers are not careful about their surroundings, especially semi-trucks, accidents can occur.

It is the duty of a truck driver to be alert and aware of his/her surroundings and to be prepared to avoid accidents as much as is reasonably possible. If you’ve been injured in a truck accident in Kansas City, please don’t hesitate to call our attorneys for assistance.
We offer a free case analysis!

Causes of Truck Accidents

There are many ways for a truck to be the cause of an accident. Some of these reasons could be:

  • adverse weather conditions
  • negligence
  • distracted driving
  • defective parts

Negligence is one of the most common causes and any inattention or a moment of carelessness can result in catastrophic damage. Drunk driving and drowsy driving can carry many of the same effects. Drinking may be to blame, but drowsy driving can be common among commercial drivers that have to travel far distances in a small period of time. While there are uncontrollable circumstances that could cause a car accident, there are also many controllable factors that could have been easily avoided had the responsible party taken precautions.

Large Truck Collisions

There are a number of different types of trucks such as semi-trucks, 18-wheelers, flatbeds and more. The size and weight of them can vary greatly, and these are often two important factors in the amount of damage that ensues. Large trucks may fall under the category of a single unit truck or a combination truck, with a combination truck being able to tow a trailer. Due to the relative size and velocity of large trucks on a freeway, any smaller vehicles involved in a collision with a semi could sustain serious damage and their drivers and passengers could suffer extensive personal injuries.

In 2000, large trucks were involved in 101,000 accidents involving an injury and 4,930 accidents involving a fatality. It is often the passengers in vehicle other than the truck that suffer the most harm. The National Highway Traffic and Safety Administration reported that in 2008 there were 380,000 accidents that involved a truck and that same year one out of every nine fatal traffic collisions was the result of an accident involving a large truck. In these collisions, injuries were suffered by 23,000 occupants of large trucks, and 64,000 occupants of other vehicles. Those killed included 677 occupants of trucks and 3,139 of occupants of other vehicles.

Contact Us for a Free Consultation

Those who have suffered personal injuries due to the negligence of another are entitled to collect damages to compensate for the physical and emotional pain they have endured as well as to cover medical expenses, lost wages and for many other reasons. If you have suffered personal injuries in a truck accident then you may be able to collect monetary compensation for your injuries. A Kansas City injury lawyer from our firm will be able to advise you of your options, counsel you as to the best legal action to take, and we will fight vigorously to see that your rights are upheld in court and that you receive compensation for your pain.

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1. Leave an Emergency kit in your trunk or glove compartment. It is important to be prepared and by keeping a couple of useful items nearby, you can help relieve a situation that is likely going to be stressful enough already. It is recommended that you have a pen on hand so that you can take down any important information of the other driver and make notes on what happened. After the accident it can be challenging to remember all the details so keeping a log can be useful. You should also have a camera, whether that is having a disposable one in the car or using a picture phone that can take higher quality photos. This can document the damage that was done on both cars to have an accurate report in case the other party tries to change the story. You will also want to have all important information on hand, such as contact numbers, medical information and insurance info. It can even be beneficial to keep items such as emergency flares or traffic cones in your trunk to be put out after the incident.

2. Safety Should be the Main Priority. It can be easy to become turned around and not think clearly after an accident, but by knowing what to do before hand it can help you have more of a handle on the situation if it does come up. In a wreck that does not involve any serious injuries it is smart to pull cars to the side of the road and out of the way of any traffic. Sometimes the obstacles in the road can cause other cars that are unable to stop in time to crash as well, or observers can fail to pay attention to the vehicle in front of them when their focus is taken off the road. If a car is too damaged to be driven to the side, then the driver and their passengers should get back into the car and buckle their seatbelts. Hazard lights should also be placed on and flares or cones can be set out for those that have them on hand.

3. Exchange Information. It is important to exchange all related information with the driver of the other car. This will include driver license numbers, license plate, phone numbers, insurance companies and policy numbers. Car information should also be documented, such as the make of the car and the color. Try to make your report as thorough as you can so that you are not left needing additional information after the fact. While speaking with the other driver or passengers, it is important that you make the discussion simply factual and an exchange of information. You do not want to discuss what happened or admit any fault at this point.

4. Document the Event and Take Pictures. Take a number of photos both up close and from further away that can provide insurance companies with an accurate portrayal of the amount of damage that was caused during the accident. Taking pictures can be an easy step to forget but it is very important to do. If there were others present at the time of the accident you should also take down their names and contact information to see if they would be willing to provide a witness account.

5. File An Official Report. In cases that involve more extensive injuries, it is likely that an officer will arrive and make a report on the accident. In less severe cases this may not be true but it can still be useful to file the report anyways. This can be done with the Department of Motor Vehicles (DMV) or the local police station. It may also be available online. This can aid with the overall efficiency and smoothness of the process.

6. Be Aware of Your Insurance Coverage. Some people do not become aware of what they are paying for with their insurance and what their policy actually covers until after an accident. It is wise to know about this before your moment of need so that you can make any necessary adjustments prior to facing this issue. Sometimes these changes can only be a small financial increase each month but you gain far more assistance after a wreck. If an accident has already occurred, then it is important to speak with an insurance company to find out how you are covered and what you can expect.

7. Get Medical Treatment. This will depend on the extent of the damage that has been done. Some individuals will be severe enough that they will be taken to the hospital immediately. Even if you do not appear to have any injuries it is often a wise choice to be checked out. The effects may not always be observed immediately or the damage can be worsening internally. You will also want to know the extent of injuries so that they can be factored into the final compensation.

8. Speak with a Lawyer. It is likely going to be a long stretch ahead of you and you want to be in good hands. Even in less serious cases there are many details that should be addressed and that you do not want to overlook. Your first step should be to speak with a professional, even prior to talking with an insurance company. They are typically going to look out for themselves first and this can involve trying to resolve your case fast and cheap, even if it compromises your results. It is common for the insurance company of the at fault driver to also want a recorded account of what occurred and you should not do this until after your lawyer gives you the green light. A professional will also have experience in these matters and can work alongside other professionals such as doctors, to determine a more accurate idea of the amount that you should be owed.

Your health is always the first concern and you want to make sure any issues are addressed and that you are checked out by a healthcare professional. Once this has been addressed, you can move forward to the legal side of the case. You should retain the services of a qualified lawyer that can be there to seek compensation for your injuries.

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10/25/22 – Workplace Injury / Workers Comp – gtg

ON-THE-JOB INJURY ATTORNEYS

Ours is a prominent and respected law firm that has served the people of Texas since 1978. We are aggressive, accomplished, and feared by insurance companies, corporate wrongdoers, and law firms. We guide our clients through the legal and financial challenges they encounter on their way to recovery from their accidents, and we achieve results. An on-the-job injury is an injury suffered by an employee while working. On-the-job injuries can occur by accident, damage, or occupational disease and may be covered by Workers’ Compensation laws, tort laws, or both. Workers’ Compensation laws provide benefits to workers and their dependents when they have suffered injury or death in a work environment. These benefits include medical benefits, weekly or biweekly income, vocational rehabilitation, permanent disability compensation, and death benefits.

In serious injuries, these benefits may be substantially lower than the injured worker is entitled to under tort law. In cases where an employee has sustained an on-the-job injury caused by someone other than the employer, the injured employee may sue another person (third party) in tort law. Third-party cases may include traffic accidents, defective products, defective equipment, or exposure to toxic substances. Every on-the-job injury should be evaluated to determine if a third-party claim exists.

At our Law Firm, we have an outstanding reputation for finding and pursuing third-party liability claims. We offer a FREE evaluation of serious on-the-job injuries to determine if third-party claims exist. We are experienced in coordinating third-party claims and workers’ compensation benefits to get the best result possible for our clients.”IF YOU HAVE BEEN SERIOUSLY INJURED IN AN ON-THE-JOB ACCIDENT OR AS THE RESULT OF EMPLOYER NEGLIGENCE, YOU NEED THE ADVICE OF AN EXPERIENCED TEXAS PERSONAL INJURY LAWYER. CALL US TODAY FOR YOUR FREE CONSULTATION. WHEN RESULTS COUNT -COUNT ON OUR LAW FIRM.”

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Construction Accident Lawyers

A construction worker injured at work would need a civil suit by a knowledgeable civil trial lawyer to get adequate compensation. The small workers’ compensation system is too little too late to make you whole again. A civil case coordinated with the workers’ compensation award will provide reasonable justice to you and your loved ones. Our personal injury group will provide free advice and assistance if you have been injured in a construction accident or incurred any catastrophic injury. We are personal injury lawyers with experience focusing on construction site injury and wrongful death lawsuits involving workers’ compensation claims.

A few of the most common types of construction accidents include:

Construction accident falls
Death
Back injury
Neck injury
Laceration

Construction Injuries
Burns
Electrical Injuries
Electrocution
Scaffold Injuries
Brain Injury
Head injury
Range Accidents
Trench Accidents
Construction Tools Accidents
Amputation
Crushing
Impalement
Iron Workers & Welding Accidents
Superintendent Negligence
General Contractor Delay, Neglect, and Unsafe Acts

Traffic Control
Automobile collisions at construction site

Wrongful Death Construction Accidents
Only a civil suit and your reduced workers’ comp benefits will cover all your injuries, medical expenses, and lost income. Politicians have reduced injured workers’ benefits recently. Your benefits have already been cut in half. A companion civil case against a third party that brought on your injuries brings a fair, full, and reasonable award. Workers’ comp payment to substitute a worker’s earnings or temporary disability is strictly limited to two-thirds of your salary and time so that you will go without, work hurt, or go bankrupt. Lost income in a civil suit is fair and not restricted. Medical benefits under Workers’ comp are now decreased. Physical therapy, occupational therapy, and chiropractic care have been cut back and scrutinized. Vocational therapy, standard damage in civil court, has been removed. The employer and insurance company select your doctor and limit your care. Civil awards enable you to pick the best medical treatment and determine what is medically reasonable and needed for your recovery to make you and your loved ones whole once more. Being an injured worker, you must immediately apply for the modest but fast Workers’ Comp Benefit after you are hurt and follow all employer/government regulations honestly. The Work Comp System won’t compensate you for all your losses and injuries. Being a severely injured worker, you have a constitutional right to a civil jury trial when hurt by a third party. No less than a civil award will help with the small Workers’ Comp award to help you and your family become whole once again.

After filing the Work Comp Claim, you must seek legal advice concerning a civil award as soon as possible. You have two years from the date of injury to file the civil suit. The fairest and best end results happen when the lawsuit is filed promptly. Putting it off could endanger your claim for complete payment. The accident site can change over time. Photos of your accident and fault circumstances are lost, damaged, and cannot be found. Crucial records like accident reports, witness statements, daily journals, and written inspections are lost in time. Important witnesses are transferred and can’t be located. The passing of time benefits the third party who caused your injury. The only method to protect important evidence is to promptly obtain qualified counsel to preserve the evidence and pursue the civil case.

Construction injuries badly limit your capability to lead an ordinary life. Your injuries stop you from returning to work, and you can’t pay bills without your earnings. Don’t count on contractors, employers, and insurance companies to deal with you fairly. They aim to run the Workers’ Comp process to reduce expenses and enhance earnings. Do you trust your health and finances to them by leading you to their hack? Restricting the number of visits you need? Paying the required money for your proper care? Decreasing physical therapy, occupational therapy, and vocational rehabilitation to help you be whole? Giving you fair pay when you are unable to work? You shouldn’t! Our past achievements in civil settlements and court trials let us take legal action against these types of expensive court cases at no expense or risk to you. We are paid for our efforts not until we increase monetary compensation for you. Your part is to heal, recover, look after yourself and your family, get your health again, and then leave the rest to us. You must call us now for a free consultation if you have been injured in a construction accident or sustained a catastrophic injury. We will evaluate your case, inform you of your rights and determine the best course of action. You and your loved ones are entitled to live the same life you had before your injuries. We can work for you to obtain fair and just payment for your injuries.

Construction Accident Attorney
Construction work is physically stressful and hazardous. Basic safety onsite is often disregarded by those responsible for keeping the job going. A sprain or a cracked bone is usually terrible for a construction worker, who might no longer be able to work, even after healing. If you have been injured in a construction accident or someone you love has been injured on the job, you must talk with a lawyer who can help keep you and your loved ones above water and get the money you need for medical treatment, your lost earnings and other bills and for the pain and suffering, you go through. We defend workers’ rights. Simply call today. We don’t just deal with construction accident cases; we complement them with our in-depth knowledge of why and how these accidents happen, and above all, why, had the proper safety precautions been taken, you wouldn’t be reading this now and instead would be at work. We don’t just investigate; we leave no stone unturned; we don’t just litigate; we fight…..FOR YOU.

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Construction Accidents

Construction accidents are one of the leading causes of personal injuries in the workplace in the United States and abroad. Full-time construction workers are often put in hazardous situations when building or demolishing properties for the city, state, or private sector. The Bureau of Labor Statistics (BLS) reports approximately 700-1,000 construction accident-related fatalities yearly. While on a downward trend, there were still nearly 750 deaths due to injuries in construction accidents. Scaffolding, building collapses, falls without safety harnesses, and faulty mechanical equipment contributes to thousands of construction accident injuries yearly.

If you or someone you know has suffered personal injuries or loss of income due to a construction accident, don’t hesitate to contact our Personal Injury Lawyers today.

Types of Construction Accidents
Construction accidents occur in many different ways, and one of the only things they have in common is that they constantly injure workers.
More than 12 construction accidents daily result in moderate to catastrophic personal injuries. This includes all the accidents that frequently occur on construction or demolition sites.

The two most common types of construction accidents are falls and electrocutions, with falls as the top reason for construction site fatalities. Falls mainly occur because of the fragile nature of incomplete flooring or roofing in work-in-progress construction sites. Electrocutions are not uncommon due to the delicate process of harnessing electricity through wiring. If proper protective measures are not taken and safety equipment is not provided, electrocutions may seriously injure construction workers.

Other frequent causes of construction accidents include:

Scaffolding Collapse
Faulty Wiring
Ladder Misuse
Machinery Failure
Power Tool Failure
Collapsed Trenches
Vehicular Accidents
Injuries from Construction Accidents
Make no mistake; construction sites are the most dangerous workplaces in the country. A constant stream of accidents and injuries occurs every year on construction sites. At the same time, a certain percentage of these accidents are due to human error resulting from negligence and careless labor practices. Work injuries are infrequently fatal yet account for most acquired permanent disabilities. Construction accidents result in personal injuries due to the dangers inherent in working on, in, or around construction sites.

Common construction accident injuries include:

Traumatic Brain Injury
Spinal Cord Injuries
Back Injuries
Broken/Fractured Bones
Concussions
Burns
Soft Tissue Injuries
Internal Organ Damage
Getting Legal Help

Construction accidents are primarily preventable if all the proper safety and protective measures are in place. When they are not, personal injuries occur. If you have been injured in a construction accident or construction-related incident, our experienced legal team can help ensure you receive compensation for your suffering. Please contact our Personal Injury Lawyers for a free consultation.

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Experienced Legal Help For Workers’ Compensation
An accident can happen at any workplace, whether a busy construction site, a quiet office, a warehouse, a highway trucking route, or some other place where people make a living.

The Georgia workers’ compensation system is designed to help workers injured in a workplace accident or made ill by a work-related condition. It can also help workers’ families of workers killed in a fatal workplace accident. So long as the work injury occurred during his or her employment, workers’ compensation should cover the costs of medical and rehabilitative treatment and help out with lost wages.

Conditions covered by workers’ compensation benefits include:

Back injuries
Neck injuries
Injuries caused by falling objects
Injuries caused by accidents with machinery
Motor vehicle accident injuries suffered during the execution of job duties
Illnesses caused by exposure to toxic chemicals at work

When the system works as it is supposed to, workers get the benefits and return to work when they can. Unfortunately, as many workers know from personal experience, the system doesn’t always work as it should. Oud Law Firm is dedicated to helping workers to get the benefits they and their families need.

An Experienced Workers’ Compensation Lawyer On Your Side
When you don’t get the workers’ compensation benefits you deserve after a workplace injury or illness, you need an experienced workers’ compensation attorney on your side.

Our Law Firm has been practicing worker’s compensation law for more than 25 years. We have worked on the defense side of workers’ compensation disputes, but for over a dozen years, we have represented employees. Our experience gives us valuable insight into how workers’ compensation works and how to fight most effectively for our clients. Contact us to discuss your case and set up an appointment today.

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Was Your Workers’ Compensation Claim Denied?

It’s always a frightening experience for workers and their families when their claim for workers’ compensation benefits is denied. Sometimes, an employer’s insurance company doesn’t want to pay the total cost of the treatment the injured worker needs. The employer and insurance company deny that workers’ compensation covers the injury or illness.

Whatever the situation, when you have been denied worker’s comp benefits, you may face huge medical bills and other expenses and worry about how you and your family will pay for them.

Some common reasons claims may be denied:

Your employer says that workers’ compensation does not cover your injury.
Your employer says your injury did not happen during work hours.
Your employer’s insurance company argues that the injury was not as serious as you know it to be.

Fortunately, the workers’ compensation system provides ways for injured workers to continue to pursue their claims after an initial denial. However, the workers’ comp appeals process has many deadlines, technical requirements, and legal complications. Moreover, during the process, the other side may offer workers’ compensation settlements that are insufficient to cover all your expenses. It’s essential to have the help of a qualified workers’ compensation lawyer during this part of the process.

Dedicated To Workers’ Compensation Law
At our Law Firm, we help employees after their employers have failed to honor the legitimacy of their workers’ compensation claims. We represent injured workers at hearings before the State Board of Workers’ Compensation and, when necessary, our experienced attorney takes their cases to the state board’s appellate division or beyond.

If you have suffered a work-related injury or illness and your claim for workers’ compensation benefits has been denied, call our office toll-free or contact us by email today to discuss your case and learn about your legal options to get the benefits you deserve.

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Helping Injured Workers

For over a decade, our Law Firm has represented injured workers and their families throughout Texas.

Our founding attorney built the practice on workers’ compensation law. Earlier in his career, he worked in defense at larger law firms, representing employers and insurance companies. When he founded our law office, he switched sides to represent employees so that he could stand up for injured workers. His experience gives him the insight that skilled workers and their families need when they have been denied the benefits they deserve.

Our Law Firm has built a reputation in our community for our hard work representing clients in cases involving a wide variety of circumstances, including:

Back injuries
Neck injuries
Warehouse and industrial workers
Office workers
Work-related automotive accidents
Personal injury law, when someone other than the employer is liable for an injury
Appeals of denied claims

Powerful, Knowledgeable Legal Help On Your Side
Whether you are just starting the claim process or taking your claim to appeal, we help our clients navigate the often confusing workers’ compensation system. When employers refuse to honor your legitimate claim of a workplace injury or when insurers balk at paying the true cost of your medical care, we fight for the rights of injured workers and their families.

Contact An Experienced Attorney
If you have been injured at work or suffered from a work-related medical condition, or if your loved one has been killed in a workplace accident, and you are having trouble getting the benefits you need, contact our office to set up an appointment and learn about your legal options.

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Dedicated To Workers’ Compensation

Experienced, Professional Representation In Workers’ Compensation
When you have been injured at work or suffered a work-related illness, you and your family need workers’ compensation benefits to help with medical expenses and other costs. Unfortunately, there are deadlines, technical requirements, and other potential pitfalls in the process. Employers don’t always honor an injured employee’s claim, and insurance companies are always looking for ways to limit the amount of money they pay for workers’ comp settlements.

When benefits are delayed, or your claim is denied, you need the help of an experienced workers’ compensation attorney to fight for your interests.

The Benefits You Need, When You Need Them
An experienced lawyer can help steer your claim through the complicated workers’ compensation system. The system can be overwhelming, and the employers and insurers on the other side can be intimidating opponents. It’s essential to have experienced, professional legal help on your side.

Our practice is devoted exclusively to workplace injury and workers’ compensation. We help the injured, and their families get the benefits they need to focus on their recovery and taking care of their loved ones.

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Experienced Legal Help For Workers’ Compensation
An accident can happen at any workplace, whether a busy construction site, a quiet office, a warehouse, a highway trucking route, or some other place where people make a living.

The workers’ compensation is designed to help workers injured in a workplace accident or made ill by a work-related condition. It can also help workers’ families killed in a fatal workplace accident. So long as the work injury occurred during his or her employment, workers’ compensation should cover the costs of medical and rehabilitative treatment and help out with lost wages.

Conditions covered by workers’ compensation benefits include:

Back injuries
Neck injuries
Injuries caused by falling objects
Injuries caused by accidents with machinery
Motor vehicle accident injuries suffered during the execution of job duties
Illnesses caused by exposure to toxic chemicals at work

When the system works as it is supposed to, workers get the benefits and return to work when they can. Unfortunately, as many workers know from personal experience, the system doesn’t always work as it should. Our Law Firm is dedicated to helping workers to get the benefits they and their families need.

An Experienced Workers’ Compensation Lawyer On Your Side
When you don’t get the workers’ compensation benefits you deserve after a workplace injury or illness, you need an experienced workers’ compensation attorney on your side.

Our Law Firm has been practicing worker’s compensation law for more than 25 years. We have also worked on the defense side of workers’ compensation disputes for over a dozen years and represented employees. Our experience gives us valuable insight into how workers’ compensation works and how to fight most effectively for our clients. Contact us to discuss your case and set up an appointment today.

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Helping Injured Workers

For over a decade, our Law Firm has represented injured workers and their families throughout Texas.

Our founding attorney has built our practice on workers’ compensation law since 1988. We have worked in defense, representing employers and insurance companies. We switched sides to represent employees so that we could stand up for injured workers. Our experience gives us the insight and the skills workers and their families need when they have been denied the benefits they deserve.

We have built a reputation in our community for our hard work representing clients in cases involving a wide variety of circumstances, including:

Back injuries
Neck injuries
Warehouse and industrial workers
Office workers
Work-related automotive accidents
Personal injury law, when someone other than the employer is liable for an injury
Appeals of denied claims

Powerful, Knowledgeable Legal Help On Your Side
Whether you are just starting the claim process or taking your claim to appeal, we help our clients navigate the often confusing workers’ compensation system. When employers refuse to honor your legitimate claim of a workplace injury or when insurers balk at paying the true cost of your medical care, we fight for the rights of injured workers and their families.

Contact An Experienced Attorney
If you have been injured at work or suffered from a work-related medical condition, or if your loved one has been killed in a workplace accident, and you are having trouble getting the benefits you need, contact our Law Firm to set up an appointment learn about your legal options.

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Was Your Workers’ Compensation Claim Denied?

It’s always a frightening experience for workers and their families when their claim for workers’ compensation benefits is denied. Sometimes, an employer’s insurance company doesn’t want to pay the total cost of the treatment the injured worker needs. The employer and insurance company deny that workers’ compensation covers the injury or illness.

Whatever the situation, when you have been denied worker’s comp benefits, you may face huge medical bills and other expenses and worry about how you and your family will pay for them.

Some common reasons claims may be denied:

Your employer says that workers’ compensation does not cover your injury.
Your employer says your injury did not happen during work hours.
Your employer’s insurance company argues that the injury was not as serious as you know it to be.

Fortunately, the workers’ compensation system provides ways for injured workers to continue to pursue their claims after an initial denial. However, the workers’ comp appeals process has many deadlines, technical requirements, and legal complications. Moreover, during the process, the other side may offer workers’ compensation settlements that are insufficient to cover all your expenses. It’s essential to have the help of a qualified workers’ compensation lawyer during this part of the process.

Dedicated To Workers’ Compensation Law
At our Law Firm, we help employees after their employers have failed to honor the legitimacy of their workers’ compensation claims. We represent injured workers at hearings before the State Board of Workers’ Compensation, and when necessary, our experienced attorney takes their cases to the state board’s appellate division or beyond.

If you have suffered a work-related injury or illness and your claim for workers’ compensation benefits has been denied, call our office or contact us by email today to discuss your case and learn about your legal options to get the benefits you deserve.

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What To Do After A Workplace Accident

The workers’ compensation system can provide benefits to help injured workers pay for medical expenses and tide them over financially while they cannot return to work. However, the system has many requirements, and if you miss specific deadlines or technical details, you may find it challenging to get the benefits you deserve when you need them. Documenting and reporting every doctor’s visit and expense related to the injury is essential.

What To Do If You’re Injured At Work
Workplace accident reporting is critical. If you are injured on the job, you typically must report to your employer immediately after the injury to get the workers’ compensation claim process started as soon as possible. Request paperwork and fill it out, using specific details to document your case. If there were witnesses to the accident, tell your employer. If you are knocked unconscious, require immediate medical treatment, or are otherwise unable to report the injury immediately, someone else must report the injury.

Seeing A Doctor After A Work-Related Injury
To have your medical expenses covered by workers’ compensation benefits, you must go to a doctor your employer authorizes. In an emergency, you can seek treatment from the nearest emergency location, but you must go to approved medical providers for follow-up visits.

In some cases, after injured workers visit an employer-authorized doctor, they feel that the doctor has not taken the injury seriously enough. This can result in not getting the benefits you deserve. In these cases, a workers’ compensation lawyer may be able to help.

Experienced, Insightful Representation
Our Law Firm has been handling workers’ compensation cases for over 25 years, representing employers and employees. Our experience provides insight into how workers’ compensation cases work, how insurers try to avoid paying for benefits, and how employees can get the help they need.

We help clients through workers’ compensation claims, the appeals process, and other matters to ensure they get the benefits they deserve after being injured at work. Call or contact us online to discuss your case and set an appointment.

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Worker’s Compensation
Why You Should Consult an Attorney

Not all injuries on the job are compensable under the Worker’s Compensation Act. Before you make any statements to the insurance company about your accident, you may need to consult an experienced Worker’s Compensation lawyer.

Worker’s Compensation

You may be entitled to weekly benefits until you can return to work, even after your physician has released you. If you return to work at a reduced wage, you may be entitled to partial disability benefits. You may also be entitled to permanent partial disability benefits for the loss of use of some part of your body. The insurance carrier or your employer may often attempt to settle your claim without explaining your options.

The employer, insurance adjuster, and rehabilitation providers may be your adversaries in a claim. In addition, the insurance adjuster has the right to direct your medical care. If you are dissatisfied with your treatment, they may not tell you that you have other options.

Attorneys’ Fee
If we agree to take your Worker’s Compensation case, we will represent you on a contingency fee basis, which means you pay no legal fees unless we successfully resolve your case. Initial consultations are provided at no cost.

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Defending Nonsubscribers

Texas Department of Insurance, Department of Workers Compensation
Texas employers have been opting out of Worker’s Compensation insurance in growing numbers in the past two decades to avoid the program’s high costs.

There are a lot of factors that go into the decision to be a nonsubscriber. How big is the company? What is their loss record? What are their comp premiums? Is it going to be a cost-saving measure from year to year? That just scratches the surface. There are so many questions, and there isn’t a cookie-cutter answer.

The big issue is how comfortable the employer is with allowing a jury to determine negligence.

Typically in a civil lawsuit, comparative liability deems that a Defendant can be held proportionately liable for a Plaintiff’s damages. If a jury finds a Plaintiff is thirty percent at fault, Defendant pays seventy percent of the damages. In Texas, if a Plaintiff is found to be fifty-one percent at fault, then Defendant pays no damages.

However, in nonsubscriber cases, if a jury finds a Defendant to be even one percent at fault, that Defendant is one hundred percent liable. Add to that the fact that the employer cannot show evidence that the employee was negligent or that the employee knew the risks and voluntarily proceeded. Nonsubscribers face a difficult challenge in the courtroom.

What’s key to being a nonsubscriber is having an attorney who is experienced in dealing with these limitations. Our Law Firm has found that many attorneys, unaccustomed to the critical differences, fail to grasp nonsubscribers’ intricacies.

Rather than try to spread liability, the defense must look to what the employer did by training, supervision, providing safety equipment, and providing a safe environment so that the one-percent threshold can be defused by showing how reasonably the employer acted. If the employer can show that it took reasonable steps and nothing it did or failed to do caused the accident. The fact that an employee was injured is not an indication of negligence. To that end, your approach to the case must be a little different.

The differences in handling nonsubscriber lawsuits may be subtle, such as refocusing questions in discovery or depositions, but an employer’s attorney must understand those differences. Our Law Firm has the necessary experience.

Our Law Firm has handled nonsubscriber cases for fifteen years and has worked with various employers. We are familiar with the nuances of nonsubscriber cases, how to evaluate them, and prepare them for trial.

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Experienced Legal Help For Workers’ Compensation

An accident can happen at any workplace, whether a busy construction site, a quiet office, a warehouse, a highway trucking route, or some other place where people make a living.

Workers’ compensation is designed to help workers injured in a workplace accident or made ill by a work-related condition. It can also help workers’ families killed in a fatal workplace accident. So long as the work injury occurred during his or her employment, workers’ compensation should cover the costs of medical and rehabilitative treatment and help out with lost wages.

Conditions covered by workers’ compensation benefits include:

Back injuries
Neck injuries
Injuries caused by falling objects
Injuries caused by accidents with machinery
Motor vehicle accident injuries suffered during the execution of job duties
Illnesses caused by exposure to toxic chemicals at work
When the system works as it is supposed to, workers get the benefits and return to work when they can. Unfortunately, as many workers know from personal experience, the system doesn’t always work as it should. Our Law Firm is dedicated to helping workers to get the benefits they and their families need.

An Experienced Workers’ Compensation Lawyer On Your Side
When you don’t get the workers’ compensation benefits you deserve after a workplace injury or illness, you need an experienced workers’ compensation attorney on your side.

Our Law Firm has been practicing worker’s compensation law for more than 25 years. Our experience gives us valuable insight into how workers’ compensation works and how to fight most effectively for her clients. Contact us to discuss your case and set up an appointment today.

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Was Your Workers’ Compensation Claim Denied?

It’s always a frightening experience for workers and their families when their claim for workers’ compensation benefits is denied. In some cases, an employer’s insurance company doesn’t want to pay the total cost of the treatment the injured worker needs. In others, the employer and insurance company deny that the injury or illness is covered by workers’ compensation.

Whatever the situation, when you have been denied worker’s comp benefits, you may face huge medical bills and other expenses and worry about how you and your family will pay for them.

Some common reasons claims may be denied:

Your employer says that workers’ compensation does not cover your injury.
Your employer says your injury did not happen during work hours.
Your employer’s insurance company argues that the injury was not as serious as you know it to be.
Fortunately, the workers’ compensation system provides ways for injured workers to continue to pursue their claims after an initial denial. However, the workers’ comp appeals process has many deadlines, technical requirements, and legal complications. Moreover, during the process, the other side may offer workers’ compensation settlements that are insufficient to cover all your expenses. It’s important to have the help of a qualified workers’ compensation lawyer during this part of the process.

Dedicated To Workers’ Compensation Law
At our Law Firm, we help employees after their employers have failed to honor the legitimacy of their workers’ compensation claims. We represent injured workers at hearings before the State Board of Workers’ Compensation and when necessary, our experienced attorneys take their cases to the state board’s appellate division or beyond.

If you have suffered a work-related injury or illness and your claim for workers’ compensation benefits has been denied, call our office or contact us by email today to discuss your case and learn about your legal options to get the benefits you deserve.

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What To Do After A Workplace Accident

The workers’ compensation system can provide benefits to help injured workers pay for medical expenses and tide them over financially while they cannot return to work. However, the system has many requirements, and if you miss specific deadlines or technical details, you may find it challenging to get the benefits you deserve when you need them. Documenting and reporting every doctor’s visit and expense related to the injury is essential.

What To Do If You’re Injured At Work
Workplace accident reporting is critical. If you are injured on the job, you typically must report to your employer immediately after the injury to get the workers’ compensation claim process started as soon as possible. Request paperwork and fill it out, using specific details to document your case. If there were witnesses to the accident, tell your employer. If you are knocked unconscious, require immediate medical treatment, or are otherwise unable to report the injury immediately, someone else must report the injury.

Seeing A Doctor After A Work-Related Injury
Typically, to have your medical expenses covered by workers’ compensation benefits, you must go to a doctor who is authorized by your employer. In an emergency, you can seek treatment from the nearest emergency location, but you must go to approved medical providers for follow-up visits.

In some cases, after injured workers visit an employer-authorized doctor, they feel that the doctor has not taken the injury seriously enough. This can result in not getting the benefits you deserve. In these cases, a workers’ compensation lawyer may be able to help.

Experienced, Insightful Representation
Our Law Firm has been a workers’ compensation firm for more than 25 years, representing employers and employees. Our experience provides us with insight into how workers’ compensation cases work, how insurers try to avoid paying for benefits, and how employees can go about getting the help they need.

At our Law Firm, we help clients through workers’ compensation claims, the appeals process, and other matters to make sure they get the benefits they deserve after they have been injured at work. Call or contact us online to discuss your case and set an appointment.

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Personal Injury Lawyer Delivers Justice and Compassion to Injured Clients

Our lawyers have been helping victims recover from their losses for over 40 years.

Our Law Firm has more than 40 years of experience successfully helping injured clients recover just compensation for losses resulting from auto accidents, truck accidents, medical malpractice, unsafe products, dangerous drugs, slips and falls, and unsafe work conditions. We also represent people with workers’ compensation and Social Security disability claims.

Seeking just compensation for injuries.
Personal injury claims are brought by victims who suffer physical or psychological injury due to another person’s negligence. At our Law Firm, we employ a practical, professional approach to help ensure that all clients obtain a full and fair recovery for their injuries, including damages for their past and future medical bills, lost income, emotional distress, and pain and suffering. We use our extensive civil litigation experience, knowledge about insurance company tactics, and skills in settlement negotiation to obtain the best possible recovery for our clients.

Personalized legal guidance
At our Law Firm, the client’s interests are my top priority. We provide personalized legal guidance at every step of your case, updating you on progress and fully informing you about the legal strategy and recovery options available.

We consult with knowledgeable and respected experts to help with case preparation. With the assistance of physicians, trauma doctors, pharmacists, chiropractors, forensics engineers, mechanics, and accident reconstruction analysts, we are skilled at negotiating the best possible settlements. At trial, these experts are available to deliver clear, professional testimony.

Protecting your claim
Texas law limits the time you have to file a personal injury claim. Consult an experienced personal injury attorney as soon as possible, so your claim is filed within crucial statutory deadlines. Investigating your claim immediately, we help ensure that valuable evidence remains available and witnesses’ memories remain fresh.

Contact a personal injury law firm to schedule a free initial consultation
If you or a loved one has been injured, call us or contact us online to schedule a free consultation on the facts of your case.

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Worker’s Compensation
Why You Should Consult an Attorney

Not all injuries on the job are compensable under the Worker’s Compensation Act. Before you make any statements to the insurance company about your accident, you may need to consult an experienced Worker’s Compensation lawyer.

Worker’s Compensation

You may be entitled to weekly benefits until you can return to work, even after your physician has released you. If you return to work at a reduced wage, you may be entitled to partial disability benefits. You may also be entitled to permanent partial disability benefits for the loss of use of some part of your body. The insurance carrier or your employer may often attempt to settle your claim without explaining your options.

The employer, insurance adjuster, and rehabilitation providers may be your adversaries in a claim. In addition, the insurance adjuster has the right to direct your medical care. If you are dissatisfied with your treatment, they may not tell you that you have other options.

Attorneys’ Fee
If we agree to take your Worker’s Compensation case, we will represent you on a contingency fee basis, which means you pay no legal fees unless we successfully resolve your case. Initial consultations are provided at no cost.

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Railroad Injuries

The Federal Employers’ Liability Act (“FELA”) was first enacted by our United States Congress in 1908 to protect railroad workers. The FELA governs the right to compensation for damages and injuries suffered by railroad employees injured on the job. Unlike state workers’ compensation statutes, this Federal law requires proof of negligence or certain statutory violations by the railroad employer before an employee will be compensated for the loss of earnings and other damages. Also, unlike workers’ compensation laws, the FELA grants the parties a right to a jury trial. Under certain circumstances, depending on the facts of the case, the railroad can be held liable, which means that the injured worker need not show negligence on the part of the railroad. If absolute liability applies, the worker’s damages cannot be reduced by any comparative negligence on his or her part. The FELA is a unique law and may involve complex issues. The railroad industry is one with its own “jargon” and customs. As an injured employee or the dependent of a deceased worker who died due to a work-related injury or illness, we believe it is essential that you consult with an experienced and caring FELA lawyer. It is not uncommon for FELA lawyers to be consulted by attorneys from other jurisdictions who are faced with a railroad employee injury.

Have you or a loved one been injured as an employee of a railroad company? Our lawyers can help! Contact our Law Firm to schedule a free consultation.

WHO IS PROTECTED BY THE FELA?

The FELA protects employees of railroads engaged in interstate commerce. Interstate commerce is very broadly interpreted with the result that most railroad employees are covered under this law. Generally, workers will be covered while actively working, such as operating a locomotive or maintaining track. Workers can also be covered while transported in company-provided vans or while staying at company-provided lodging.

In general, the injured employee must be able to show injury due to the railroad’s or its agent’s negligence. Recovery can also be based on the railroad’s failure to comply with specific safety laws or regulations, such as the Federal Safety Appliance Act or the Federal Locomotive Inspection Act. Under some circumstances, even if the railroad was negligent, the worker’s recovery for loss of earnings and other damages may be reduced in proportion to the worker’s comparative negligence. If a railroad worker is injured while transported in a company-provided vehicle or staying at a hotel for work, the “Limo” company or hotel may also be considered a railroad agent. If these agents are negligent, then the railroad is responsible to its employees for any injury occurring as a result of such negligence.

Railroad corporations have had 100 years (since 1908) to refine their legal techniques through their claims departments to avoid, deter, and often unfairly limit financial responsibility for injuries to their hard-working railroad employees. You must work with an experienced FELA injury lawyer to identify issues that may otherwise be overlooked. Most experienced FELA attorneys will not recover fees or expenses unless your claim is successful and you recover compensation for damages. This is known as a “contingency fee.”

Railroads employ highly-trained “claim agents” that usually work under the Law Departments to investigate on-duty work injuries, gather evidence to protect the company assets, and defend the railroad from employee work injuries. Generally, railroad claim agents will attempt to obtain statements from the injured worker. They may try to convince the employee or the employee’s family they do not need to discuss their injury with an experienced FELA lawyer. This pressure, and imbalance of knowledge, limits the protection of legal interests and, more importantly, prevents the worker and their family from learning all of their legal rights and remedies.

A railroad worker (or his/her family) faced with injury will be outmatched by the extensive training and negotiation techniques that are provided to railroad claims agents through schools and programs tailored by the railroads and taught through the industry lobbying group, the American Association of Railroads (“AAR”). Unless the railroad worker is a former claim agent of the railroad, he or she, and their family, will not have the knowledge, experience, or resources of the railroad and its claims department. A discussion with an experienced FELA injury attorney will answer questions and may help resolve the uncertainties faced by injured railroaders. An experienced and competent FELA injury attorney should be respectful of your concerns, not pressure you into decisions, and work for YOU in the best interests of you and your family.

Have you or a loved one been injured as an employee of a railroad company? Our lawyers can help! Contact our Law Firm to schedule a free consultation.

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Construction Injuries

One of the most challenging and dangerous occupations out there is construction work. Construction workers are constantly being at risk when working with heavy equipment and from great heights. Most construction workers are properly trained and extremely safety conscious. Unfortunately, even though most workers are careful, tragic accidents still occur due to the carelessness of someone else, such as the site owner or another contractor on the job. Sometimes, injuries occur because of time pressure to meet deadlines or to maximize profits by saving money on the maintenance or quality of the equipment being used.

Common types of construction accidents include:

Electrocutions
Falls
Scaffolding Accidents
Unsafe Ladders
Equipment Failure
Falling Objects
Burns
Explosions

In 2018, there were 5,250 reported work injury fatalities in the United States. In Texas, there were 488 work injury fatalities. If you or a loved one were seriously injured in a construction-related accident that resulted from the negligence of another, contact our construction accident lawyers.

When not fatal, construction accidents can result in bone fractures, head injury, spinal cord injury, and other devastating, lifelong disabilities and problems. Your construction accident may be covered by Workers’ Compensation, but that usually does not fully compensate a worker for the full extent of their injuries. Contact our lawyers as soon as possible so that the circumstances of your construction-related injury may be promptly investigated and the evidence preserved.

Have you or a loved one been injured in the workplace? A lawyer can help! Contact our Law Firm today to schedule a free consultation.

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Work Injury Lawyer

Although some jobs are more dangerous than others, you can get injured no matter what your occupation, even when it doesn’t appear threatening. If you are injured on the job, and the injury results from certain wrongful conduct on the part of the employer or its employees, or you believe on the part of an equipment manufacturer or some outside company that serviced the equipment, you may be entitled to recover fair and just compensation for your injuries beyond what may be offered under your state’s worker compensation laws. The requirements for compensation vary between states and depend greatly upon the specific facts of your injury.

Examples of Work-Related Injury Include And Can Be Due To:

Safety Guards Being Removed From Machinery and Equipment
Increased Speed of Production Beyond What Is Safe
Defective Machinery
Falls
Toxic Chemicals
Construction Accidents
Defective Products

OSHA reported that 5,333 workers died on the job in 2019 (3.5 per 100,000 full-time equivalent workers) — on average, more than 100 a week or about 15 deaths every day. About 20% (1,061) of worker fatalities in private industry in the calendar year 2019 were in construction – accounting for one in five worker deaths for the year. No matter how mild your work injury was, you may be entitled to monetary compensation if your employer, another company, or manufacturer failed to meet its duties. Contact a lawyer today!

Depending on the specifics of your case, it may be possible to receive some monetary compensation through Workers’ Compensation. However, in many situations, Workers’ Compensation is inadequate and does not come close to compensating you for your injuries. Our employee work injury attorneys are here to help you receive all the compensation you are entitled to.

Have you or a loved one been injured in a work accident? A lawyer can help! Contact our Work Injury Lawyers to schedule a free consultation.

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Knowledgebase / Accident Claim Compensation Information

A business may be prone to accidents or injuries without adequate safety regulations and guidelines. This could happen to anyone, and you need compensation if you are not at fault. When a personal injury accident of this nature occurs, the following financial losses may result: medical bills, transportation costs, loss of wages, health care co-pays, and insurance payments. Use the following tips to establish your compensation claim: – All employees must be aware of and understand their environment’s safety rules and regulations. Accidents can happen in any workplace, not just in manufacturing or other labor-intensive skills. More evidence = a higher chance to win your claim. Document all you can, take pictures, and make notes of what happened before and after.

Notify and communicate with all witnesses. – Speak with a local personal injury lawyer about your accident – The employer is held responsible if proven through your evidence as non-fault for yourself, and you can get compensation. – Any accident within your work environment should be recorded in the accident book, which is a legal requirement by all employers. – Quickly report the incident to your employer and manager. State all facts but never claim responsibility if not at fault. – Report all threats to your legal defense and take action immediately to document and cease. – Keep all paperwork related to any legal, medical, or financial transaction that is directly or related to the accident claim The United States courts will support your civil rights to financial compensation for all physical injuries, medical bills, expenses, and more if you are not at fault. Be honest and keep your integrity. These will significantly pay off in the end.

CONTACT US
Contact our Personal Injury Law Firm to schedule a free consultation if you need to speak with a personal injury lawyer.

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Knowledgebase / Work Accident Claims Its Your Right

Your workplace is more or less similarly hazardous as the road and traffic around you. Hundreds of employees are known to have met life-threatening accidents, and a similarly high number to have met the last accident of their life in workplace.

Most of them remain reluctant to claim at least the financial, if not the physical, pains. It is essential to know that no matter what occupation or industry you are working in, your employer is bound to listen to the laws that call for the payment of compensation for accident injuries occurring in his or her office.

Why should you try for compensation when you have an accident at work?

That is the law. You might have the money for your treatment, which will force you to not even think of getting compensation. But if you take one step ahead and claim the compensation, you will be relieved of a huge financial burden. Further, being relieved of financial pains, you will have fewer worries and more recovery time, both of which will act as catalysts toward your better health. Moreover, your action will make the organization active towards their ‘duty of care. It will prod your employer towards ensuring that no such careless accidents occur in the future.

Does a work accident claim mean the loss of a job?

Not at all. According to the law, no employee can be fired only on the ground that he or she is asking for a work accident claim. If somebody does so, they can be taken to the courts. You should be sure of it and further have the necessary confidence to not give to any fear on this front.

The procedure for work accident claims ensures that anybody putting up a genuine claim gets compensation. Contacting a knowledgeable lawyer to get advice about a work accident claim would be the right step.

CONTACT US
Contact our Personal Injury Law Firm to schedule a free consultation if you need to speak with a personal injury lawyer.

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WORK-RELATED ACCIDENTS

For most people, their place of employment is as familiar as a second home. And unfortunately, this makes the workplace relatively commonplace to have an accident, especially in jobs that are inherently risky by nature.

No matter what caused your workplace accident, you have certain rights, and workers’ compensation is available to you. Negotiating compensation can be tricky without a law firm on your side, especially during your recovery.

Our workers’ compensation lawyer will help protect your rights and obtain the largest settlement possible. You deserve compensation if a workplace accident occurs because of someone else’s negligence.

Most work-related claims fall under the worker’s compensation program. However, certain types of claims — railroad accidents, maritime accidents, and asbestos claims — are addressed by laws specific to each.

CONTACT US
Contact our Personal Injury Law Firm to schedule a free consultation if you need to speak with a personal injury lawyer
.

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INSURANCE YOU CAN DEPEND ON

Workers’ compensation insurance is a program established by State law. Workers’ compensation is a no-fault system under which injured employees receive benefits related to work-related injuries or occupational illness.

Most people who are injured at work or while performing work duties turn to the workers’ compensation system out of financial necessity. The system provides injured workers with financial support, mainly lost and recovered wages. If you’ve been injured and are unable to work, compensation is usually available. Unfortunately, the worker’s compensation system is complicated, and the law does not require your employer to keep your job available until you return.

WORKERS’ COMPENSATION FREQUENTLY ASKED QUESTIONS

Who is responsible for paying Workers’ Compensation Insurance?
The employer is required to pay workers’ compensation insurance. The employer cannot deduct workers’ compensation insurance from the employee’s paychecks.

What workers are covered by workers’ compensation laws?
Workers’ compensation law covers almost every worker injured in the state, hired but injured while working in another state, or injured while working in another state for an employer whose principal place of business may also recover benefits.

What injuries are covered by workers’ compensation laws?
Workers’ compensation law covers any injuries an employee suffers “arising out of and in the course of their employment.”

My employer will not submit my workers’ compensation claim to the insurer. What can I do?
If your employer does not submit your claim, you should submit your workers’ compensation claim on your own and contact an attorney. If you wait too long, your workers’ compensation claim may expire, and you will be stuck with an incredible amount of expenses. Contact our Injury Law Firm today for free legal advice.

CONTACT US
Contact our Personal Injury Law Firm to schedule a free consultation if you need to speak with a personal injury lawyer.

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Work Injury Attorney

WORKMANS’ COMP • WORKPLACE ACCIDENTS • WRONGFUL DEATH
You have the right to a safe workplace. And if you were injured at work, it’s a good indication that your rights weren’t being respected. These injuries can affect your life for a long time – and may even prevent you from ever working at the same job again.

If you were injured, hire a lawyer you can trust to handle your case. After all, your future hangs in the balance. Our attorneys have successfully handled workers’ compensation and injury cases for many years. For a free consultation, call toll-free today. You can also contact us online, and we’ll respond shortly.

Our Law Office is always available to be of service to clients. All clients receive their attorney’s personal cell phone number. If you have an emergency, you can call us any time – 24 hours a day, 7 days a week.

WHAT TO DO (…AND WHAT NOT TO DO) AFTER A WORK INJURY
If you suffer a work injury, there are a few things you can do to improve your chances of receiving the fair settlement you deserve. These include:

DO: Notify Your Employer Immediately!
If you wait a day or two before notifying your employer of the injury, their lawyers may argue later that your injury didn’t occur on the job – meaning you won’t get benefits.

DO: Go to a Doctor ASAP!
If you don’t go to a doctor immediately, you might miss the chance to avoid future complications. In addition, the doctor’s report will further prove that your injury occurred at work.

Don’t: Talk to an Insurance Company Representative!
If the insurance company ever wants to talk with you, it’s because they are looking for information that will help them lower the value of your claim. Tell them to talk to your lawyer instead.

DO: Hire an Attorney Right Away!
An attorney is legally obligated to look after your best interests. Hiring an attorney means someone’s on your side.
If you’ve suffered a work injury, we can help. Call us toll-free to schedule a free consultation. Otherwise, contact us online, and we’ll respond as soon as possible.

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Work Injuries & Workers’ Compensation
Texas Work Injury Attorney
WORKMANS’ COMP • WORKPLACE ACCIDENTS • WRONGFUL DEATH

You have the right to a safe workplace. And if you were injured at work, it’s a good indication that your rights weren’t being respected. These injuries can affect your life for a long time – and may even prevent you from ever working at the same job again.

If you were injured, hire a lawyer you can trust to handle your case. After all, your future hangs in the balance. Our Law Firm has successfully handled workers’ compensation and injury cases for many years. For a free consultation, call us toll-free today.

Our Law Office is always available to be of service to clients. All clients receive their attorney’s personal cell phone number. If you have an emergency, you can call them any time – 24 hours a day, 7 days a week.

WHAT TO DO (…AND WHAT NOT TO DO) AFTER A WORK INJURY
If you suffer a work injury, there are a few things you can do to improve your chances of receiving the fair settlement you deserve. These include:

DO: Notify Your Employer Immediately!
If you wait a day or two before notifying your employer of the injury, their lawyers may argue later that your injury didn’t occur on the job – meaning you won’t get benefits.

DO: Go to a doctor ASAP!
If you don’t go to a doctor immediately, you might miss the chance to avoid future complications. In addition, the doctor’s report will further prove that your injury occurred at work.

Don’t: Talk to an Insurance Company Representative!
If the insurance company ever wants to talk with you, it’s because they are looking for information that will help them lower the value of your claim. Tell them to talk to your lawyer instead.

DO: Hire an Attorney Right Away!
An attorney is legally obligated to look after your best interests. Hiring an attorney means someone’s on your side.
If you’ve suffered a work injury, we can help. Call us toll-free to schedule a free consultation.

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Construction Accidents

Construction workers often work in hazardous conditions; for that reason, state agencies and legislatures have put in place laws and rules specifically intended to protect people injured at construction sites. Construction-related injuries can be extensive and traumatic, and their consequences may completely change the injured person’s life.

If you have been injured while working at a construction site, you must find out what your rights are. The law gives you the right to receive compensation, either from your employer or from other parties who may be considered responsible for the injury. However, the law also imposes a time limit on the period during which you can file either a workers’ compensation claim or a personal injury lawsuit; in addition, essential information and evidence may be lost with time. Therefore, it is important to consult an attorney immediately following an injury.

The attorneys at our Law Office understand that the primary goal of any injured person is to heal to the full extent possible without worrying about whether the necessary medical treatments will be approved or paid for or compensated for wages lost due to time off from work.

Our experienced attorneys are ready to discuss your situation and help you evaluate your case. They will work with insurance companies and all the other parties involved to ensure that all your needs are fully addressed promptly. In addition, they can advise you regarding the possibility of recovering damages (i.e., funds) for future treatment or other losses related to your injury.

If you or someone you love has been injured in a worksite accident in Texas, please contact us immediately. We offer a free consultation to consider your legal options.

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Workers’ Compensation

Most of us spend many hours at work, and a substantial number of employees work in hazardous industries. The Workers’ Compensation system was designed to ensure that people who suffer significant work-related injuries are compensated for the cost of medical treatment and receive replacement wages if their injury forces them to take time off from work. Other parts of the system address cases in which a worker suffered a permanent disability and provide some compensation to survivors of workers who were killed at work or during job-related duties.

Workers’ compensation laws specify a limited period during which injured workers must submit a compensation claim following an injury or the discovery that they suffer from a work-related illness. While delayed claims might be allowed in some circumstances, they raise the risk that the claimant will receive no compensation. Thus, if you have suffered work-related harm and are considering discussing your case with an attorney before filing a workers’ compensation claim, you should do so as soon as possible after your injury occurs.

In some cases, aggressive insurance companies may deny legitimate workers’ compensation claims. Suppose an insurer claims that you were not injured, that the injury is not severe enough to qualify you for workers’ compensation benefits, or that your injury is unrelated to your job. In that case, you may face the loss of essential benefits: coverage for medical care, financial help, and vocational (or retraining) help.

If you have suffered a work-related injury and would like to discuss your workers’ compensation rights thoroughly, or if you feel that you have been unfairly denied benefits that you legitimately qualify for, we would appreciate the opportunity to evaluate your situation during a free consultation. Our experienced workers’ compensation attorneys may be able to assist you through the various stages of the appeals process and negotiate with insurance companies on your behalf.

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Legal Q&A 10/13/22 GTG

####Personal Injury Questions

What Is A Personal Injury?
A Personal Injury (PI) is any physical or mental injury to a person as a result of someone’s negligence or harmful act. Many insurance companies refer to Personal Injury as Bodily Injury

Why Do I need an Attorney?
If you have been injured as a result of the negligence of another, whether it be a car, motorcycle, trucking accident, or bicycle accident, or any other type of accident, you are well advised to seek the assistance of a personal injury attorney. An experienced attorney will provide free, no-risk case consultations to injured persons and their families. They will help you determine if you can recover the compensation you deserve for your injuries (medical bills, lost wages, car repair, doctor’s bills, etc) to help you get back on your feet to where you were prior to the accident.

I’m Not Sure Whether I Have A Case Or Not! What Should I Do?
Parties who’ve been injured during an accident have the right to financial compensation. While every case is different, a variety of factors can award assistance to those in need. It’s important to talk to your provider about compensation beforehand. In order to potentially have a personal injury case, you need to have the four following:

Negligence – is the other party responsible for the accident?
Physical Injury
Prove financial loss due to the injury – wages, medical bills, car repair, etc
Bring a suit before the statute of limitations passes
Protect your rights. Call a lawyer. Get a professional opinion. You have nothing to lose. Most attorneys do not charge for an initial consultation in Personal Injury cases.

How Do I Know If I Have A Personal Injury Claim?
Whether a Personal Injury claim (a “tort”) exists is a matter of law. There are four elements to a “tort” claim:

The “at-fault” person is under a duty to do or not to do something,
The “at-fault” person breaches that duty,
You suffer Damages, and
Your Damages are the result of the “at-fault” person’s actions.
How Soon After I Am Injured Do I Have To File A Lawsuit? How Long Will I Have To File A Claim?
Once you know that you are injured, you will need to file your personal injury claim within two years. If you fail to file your claim within this period of time, the statute of limitations, you will forfeit your right to pursue compensation. The two-year window begins the day you learn of your injury, not when you are actually injured. The rule allows you to take action even if your injury was not immediately apparent or was sustained over a long period of time.

Here are the statute of limitations in Georgia for the following personal injury accidents:

Injury to Person 2 yrs.
Personal Property 4 yrs.
Professional Malpractice Medical: 2 yrs., max. of 5 from the act
When Should I Hire A Personal Injury Attorney?
You should consult a personal injury attorney immediately. The insurance company will call you shortly after your accident to request a statement from you. Most often they will request the statement be recorded. This statement may be used against you at a later date. In addition, the insurance company will request you sign authorizations so they may obtain information about you. An attorney can determine what the insurance company is and is not entitled to obtain and review. Also, the sooner you hire a personal injury attorney, the sooner witness statements can be obtained and testimony and other evidence preserved.

What If I’ve Already Taken Steps Independently?
Most of our new clients have begun the claims process themselves and find it stressful and burdensome. Others simply are unable to afford to pay out of pocket for the medical treatment they need, and seek our assistance. Once we are hired, we begin gathering the requisite information and immediately inform the insurance carriers to direct all communication to our office. It is our goal to alleviate as much stress as we can from you so you can concentrate on getting healthy again, both mentally and physically.

The Insurance Company Said I Don’t Need An Attorney—is That True?

Your interests and the interests of the insurance company are not the same. Insurance companies will attempt to provide you with legal advice designed to benefit them. You should seek an opinion from a personal injury lawyer to get an unbiased legal opinion regarding your case and your rights. Many injury lawyers will provide free, no-risk case consultation to injured persons and their families.

Is My Case Big Enough For A Lawyer To Handle?
At Greathouse Trial Law, Riah Greathouse handles small, medium, large, and very large injury cases. Our injury cases range from soft tissue injury car accident cases to concussion, catastrophic injury and wrongful death cases. Riah is experienced in handling all personal injury cases resulting from negligence.

What Is A Contingency Fee?
As stated above, a contingency fee, agreed upon by you and your lawyer, to be paid at the conclusion of a successful lawsuit. It can also be known as “No fee unless you win.” A Contingent Fee is paid as a percentage of your monetary recovery (either settlement or court award).

What If I Can’t Afford To Pay For Legal Representation?
Most personal injury attorneys are on a contingency fee basis. This means the attorneys will not receive any compensation for their services until a recovery is made on your behalf. Most personal injury attorneys will not charge you a retainer to ensure their services and will even advance the costs necessary in order to recover on your claim.

Do I Have To Pay For My Initial Meeting With My Lawyers?
At Greathouse Trial Law, no! In fact, most personal injury attorneys do not charge for client meetings. All client consultations to discuss a potential injury claim are free.

What Percent Is The Contingency Fee?
Contingency fees will vary among personal injury attorneys, though most charge at least 33 1/3% of the monetary recovery. Most state Bar Associations require that you and your attorney enter into a written Employment Agreement. The agreement must set forth the Contingent Fee percentage in your case in the event of settlement, trial, or appeal, whether litigation expenses are to be deducted from the settlement funds, and if the deduction so to be made before or after the contingent fee is computed. At the closing of your case, the attorney must give you a written Settlement Statement that sets forth the funds collected, the deductions from that amount and the net amount paid to the client.

What Should I Bring With Me For My First Meeting With A Lawyer?
Bring all documents in your possession relating to your injury. An example would be a copy of the police or incident report, a copy of your automobile insurance declaration page, photographs of your automobile and injuries, copies of medical records for treatment related to the accident, correspondence from insurance companies, estimates and repair records and receipts for your automobile, receipts for towing and car rental, and any wage loss information.

What Damages Am I Entitled To Recover? What Monetary Recovery Is Permitted In A Personal Injury Claim?
Compensation will depend on the type of case and the damages sustained. Some items to consider are past and future medical treatment, past and future lost wages,‘general damages’ including pain and suffering, loss of enjoyment of life, emotional distress, and inconvenience associated with the injury. In some cases, you are entitled to ‘punitive damages’, damages which are intended to punish the wrongdoer when that wrongdoer’s actions were intentional or reckless.

Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The following is a partial list.

Medical bills (doctor bills, hospital bills, surgery expenses, diagnostic charges, physical therapy, personal care nursing fees, prescription medicines, and others),
Lost Wages, including overtime,
Pain & Suffering,
Physical Disability,
Disfigurement,
Permanent Scars
Emotional Trauma,
Mental Anguish,
Loss of Enjoyment,
Loss of Love & Affection,
Embarrassment,
Mental Disability,
Property Damage,
All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others).

How Long Will It Take To Settle My Claim? How Long Will It Take For My Case To Settle?

It depends as all cases are different. The more complex the case, the more substantial injuries, the more potential money involved, the longer it will take to settle. In most cases, the settlement process starts when your doctor releases you from treatment, and you contact an attorney. Your claim could then be filed with the insurance company in five to ten business days. It may take the adjuster two to four weeks to evaluate your claim and make an initial offer. From there, it is a matter of negotiating a dollar amount that is reasonable for your case and acceptable to you. In some cases, a settlement may be reached within a few months. Some cases may take years to settle, while others may lead to a trial. While we try and make the process as smooth and quick as we can, it almost never wraps up as quickly as someone suffering physical injuries would like.

What Is The Value Of My Claim?
The value of your claim is based on a consideration of a culmination of circumstances. Greathouse Trial Law has successfully negotiated hundreds of claims and attempts to ensure our clients obtain a maximum recovery.

Until all the information on your injuries is available, and all the facts of your case are known, the value of your claim is unknown. Attorneys are prohibited by state Bar Association rules from promising that they will obtain a certain amount of money for you.

Will I Have To Sue Anyone?
Typically, about 80% of cases will result in a settlement before involving the courts. Of the 20% which are filed with the court system and headed to a jury trial, 90% typically settle prior to reaching a jury verdict. The final decision to go to trial or settle before the courts get involved is up to the client.

If I Do Have To File Suit, Whom Will I Be Suing?
If the at-fault party’s insurance company does not make an offer you are willing to accept; the next step is to sue the at-fault party. Much of the time we are dealing directly with the insurance company for the at-fault party.

How Long Will The Process Take?
This is a question we routinely get asked, and also one of the more difficult to answer. The truth is, it depends. Before discussing settlement with the insurance company, we need to know about all of your injuries and whether or not the doctors believe they are permanent in nature. Typically, doctors will wait for approximately one year before they can determine if the injuries you have experienced will have lasting effects. If all of your injuries are not fully evaluated by the time settlement with the insurance company is reached, your claim may not be evaluated properly. Typically, you have only one chance to settle your claim with the insurance company.

Is Georgia a a no-fault insurance state? What are my rights after a motor vehicle crash and what steps should I take to protect my interests?
Most people have heard of no-fault insurance. This type of insurance means each driver files a bodily injury claim against their own Personal Injury Protection (PIP) insurance policy. The driver collects up to the amount of PIP coverage they have purchased and may only sue the negligent driver for any amount over and above their PIP coverage.

Georgia IS an at-fault auto insurance state. Any injured party may sue the other party for the full amount of financial damages. These damages typically include medical costs, lost wages, pain and suffering, and other costs directly resulting from the accident.

Georgia is one of 12 states with a Modified Comparative Fault rule. This means a driver who is found to be more than 50 percent responsible for the accident may not sue the other party for any amount of damages.

Check out our Atlanta accident map for information on dangerous intersections and what to do after an accident.

Is it okay to talk to an insurance agent about the crash?
No, except to tell him or her that you have obtained legal representation. Whether he or she is coming from your insurance agent, or that of the other driver, all questions and other communications should be directed to your attorney. An insurance agent is trained to gather information that will help the insurance company deny aspects of your claim now and in the future.

Ultimate list of personal injury questions – agreement
What if I was hit by an uninsured driver?

Many insurance policies offer uninsured or underinsured motorist coverage. Such coverage covers personal injury damages, acting as a supplement to your personal no-fault insurance policy.

How Much Is My Injury Case Worth? How Do You Determine The Value Of My Claim?
To start, if a lawyer or law firm gives you a dollar value for your case right away, don’t trust it. They are likely making unrealistic promises, or may be persuading you to settle for less than your case is actually worth in order to settle quickly. It is impossible to know what kind of settlement to expect before investigating the extent of any injuries sustained, medical costs, lost wages, future expenses, and pain and suffering. This is why it is important that you hire a lawyer who will complete a thorough investigation and who will never advise you to accept a settlement for less than you truly deserve. Each case is unique and will yield a different result.

There are a number of factors that determine how much a case will yield including:

Medical bills.
Future medical expenses
Percentage of fault each party is responsible for.
Past and future lost wages.
Effect of the injuries on lifestyle, work, family, and other important aspects of life.
Characteristics of all of the parties involved
Which insurance company that represents the defendant.
Pain and suffering
Do I Have To Go To Court?
Not necessarily. Most cases resolve without the need for filing a lawsuit. Even if we move forward and litigate your case, there is a strong possibility we can resolve the claim at or before mediation. Thus, only a small percentage of cases ever see the light of a courtroom.

Do All Personal Injury Claims Go To Trial?
No, most personal injury claims are settled with the insurance carrier for the “at-fault” party.

Here is an example of how a personal injury claim works:

When you’re involved in an auto accident, you will have plenty of questions. The first thing we do is send a demand to the insurance company to compensate you for your injury. Often times, insurance companies fight to pay you as little as possible for your injury claim. Much of the time, we end up filing a lawsuit in the courthouse. Filing a lawsuit, or a complaint on your behalf enters us into a phase called litigation. Once in litigation, we’re not just dealing with an insurance company and an adjuster, we’re also dealing with a defense attorney and the process becomes more adversarial. Chances are your case will be resolved at what’s called a mediation. A mediation is when we sit down with you and the defense, and a third party mediator. A mediator is a person that’s neutral and has no interest in the outcome of your case. It’s at this time that most cases are resolved without having to go to trial.

What Is Negligence?
Negligence is the failure to use reasonable care, resulting in damage or injury to another party. A person is negligent if he/she does something that a reasonably careful person would not do in the same situation or fails to do something that a reasonably careful person would do in the same situation. Greathouse Trial Law has represented hundreds of individuals who have been injured by the negligence of others in automobile accidents, slip and fall, dog bites, premises liability, defective products, wrongful death, and medical malpractice.

What If I Can’t Prove Someone’s Negligence Caused My Injury? Is There Any Other Basis For Personal Injury Liability Besides Negligence?
Yes; when defective products cause harm, companies may be held strictly liable even if they have not acted negligently or with wrongful intent. Under strict liability, a person injured by a defective or unexpectedly dangerous product, may recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent. The companies who knowingly or unknowingly create risks can be held accountable for the harm they cause.

I’m Not The Lawsuit Type. We All Make Mistakes. What Are My Options?
Most personal injury claims do not become lawsuits. After you are fully recovered from your injuries, your attorney will file a claim with the insurance company. Many times, your attorney and the adjuster negotiate a fair settlement for your injuries without ever stepping foot in court.

I Don’t Want To Go To Court, Can You Still Help Me? Can I Settle My Claim Out of Court?
Yes. Most of the clients we see want to avoid court. We do our best to come to a reasonable settlement before filing a lawsuit.

What Are Damages?
Damages are any loses or expenses incurred as a result of an accident.

Will The Information I Share With You Be Confidential?
Yes. All information you share with us is protected by the attorney-client privilege and will remain confidential. The protection will apply even when our legal representation terminates or if you do not retain our firm.

Is There A Minimum Personal Injury Settlement Amount?
No, there is no minimum or maximum settlement amount in personal injury cases. Some states have caps on damages you can be awarded in certain lawsuits. Every case is unique, thus the amount of settlement in a personal injury case depends on several factors, including:

Injuries sustained
Damages, such as lost wages and medical bills
Potential length of injury
Negligence
What Will I Be Able To Recover Compensation For?
As we’ve mentioned before, each personal injury claim is different and unique. We need to examine the specifics of each case in order to determine if there is a personal injury claim, who is responsible, and what potential compensation would look like. We can develop a course of legal action to help you pursue compensation for all the pain and suffering you or someone you love has endured since the accident.

What Kind Of Evidence Will I Need To File My Claim?
The evidence we would need to file your claim would include any piece of evidence which could independently corroborates your injury claim. Some evidence would include the following:

Police reports
Witness testimony
Photos of the accident
Receipts for medical care
Pay slips for lost wages
Estimates for automobile damages
Can I File A Personal Injury Claim If I Was Partially At Fault?
So long as you are not found to be more responsible for the accident—51% or more—than the other party, you will be eligible to file a personal injury claim to pursue compensation for all your pain and suffering. Damages awarded by the court will be reduced to reflect your own culpability in the accident. As an example, if the court finds you suffered $100,000 in total damages for an accident, and the court found you to be 25% responsible, your total award would be reduced by 25%. In this example, your total compensation would be a sum of $75,000.

What Questions Will I Be Asked At My Deposition?
Typically, the insurance defense lawyer will question you about your past employment history, medical history and records, information about the accident or how you sustained the injury, the severity of your injury, how the injury affects your ability to work and impedes your quality of life among others. Riah Greathouse will prepare you in advance of your deposition for the types of personal injury questions we can anticipate.

Is It Possible To Sue A County Or City?
Yes. Cities and counties are liable for their negligent acts as well as the negligent actions of their employees. Claims involving cities and counties involve different statutes of limitations compared with a typical injury claim and, if missed, can forever bar your claim.

Is It Possible To Sue A Government?
Yes. It is possible to sue a government for their negligence as well as the negligent actions of their employees. Much like the claims process for cities and counties, claims process involving government entities is different and involves different statutes of limitations than other injury claims.

I’m A Working Person, How Can I Afford An Attorney?
Nearly all personal injury claims will have an attorney working on a contingent fee basis. This means if they don’t win your case, they don’t get paid. Injury victims cannot afford to pay an attorney by the hour. Typically, there are no up front costs or fees with injury lawyers.

What Is A “Release”?
Once you settle your personal injury claim, you will need to sign a release in order to receive compensation. The release is covered by contract law and essentially means you are letting go your claims against the responsible party, typically the owner/operator of the other vehicle, property owner, doctor, or hospital, and an insurance company.

What Do I Do If I’m Not Getting The Best Care from my doctors?
If you feel as if you are not receiving adequate medical care, you may want to switch doctors. You need a doctor who will listen to your concerns and help improve your medical conditions. A doctor chosen by your company or an insurance adjuster may not have your best interests at heart. You want a doctor who cares about your well-being first and foremost. Do not settle for a doctor who does not listen to your problems—find a medical provider who will listen to you and assist you throughout your case.

Insurance Questions
Insurance Questions
Will My Insurance Rates Go Up?
It depends. If an insurance company provided you with a surcharge disclosure statement when you first signed your policy, then your rates may go up but only as much as the conditions listed in the disclosure statement. Your insurance company may not have a surcharge plan. In addition, some insurers have accident forgiveness, ignore first tickets and other violations.

Do I Still Have A Claim If My Health Insurance Paid My Medical Bills?
Yes. Many injured persons do not realize they are entitled to the full value of medical treatment—the cost of the treatment, not just their co-pay or deductible. Insurance companies will often attempt to reduce an injury victim’s damages by offering to only pay their ‘out of pocket’ expenses, which leaves the injured person less than whole.

Can My Health Insurer File A Lien Against My Case?
Often, yes, though not in all cases. Health insurer liens are subject to complicated reimbursement laws. If there is a lien from a health insurer when the case concludes we will determine if your health insurer is entitled to reimbursement and will request a waiver or negotiate reduced payment of the lien pursuant to the laws protecting injury victims.

What Should I Do If An Adjuster From The “At-fault” Driver’s Insurance Company Calls Me?
The insurance adjuster will call you after an accident. Do not speak with the adjuster. Simply refer the adjuster to your insurance company or attorney. It is best not to give any information to anyone other than your attorney.

Why Would The Adjuster Call Me?
The insurance adjuster will call you after an accident. Initially, the adjuster may tell you the reason for the call is to conduct a preliminary investigation. At that time, the adjuster may attempt to sound like your friend and even offer to pay your medical bills, which is an indication that the insurance company believes it is liable for an even larger payment to you. If this happens, the adjuster’s real purpose is to convince you to settle your claim for a modest amount of money before you know how seriously you were injured. The insurance company may ask you to sign a Release. Unless you are ready to close your claim, Do Not Sign The Release!

Will The Insurance Company For The “At-fault” Party Pay For My Lost Wages While I Recover?
No. It is your responsibility to handle your medical bills lost wages. You may have the opportunity to be reimbursed for both medical bills and lost wages during a lawsuit.

I Have “Full Coverage”. What Exactly Is “Full Coverage”?
All states require every vehicle on the road have a minimum amount of Liability coverage. Each state sets its own standard with minimum coverage, generally beginning at 15/30/15. Some people only have “Liability” coverage, which they may incorrectly believe to be “full coverage” because their insurance agent told them they are fully covered under the law. Others assume Liability coverage plus some additional coverage is “full coverage”. Other types of coverage include Collision, Comprehensive, Theft, Towing, Rental, Medical Payments, and Uninsured Motorist, among others. Though you may have “full coverage”, that may not mean full protection.

Everybody Must Have Liability Coverage, So Why Should I Insure The Other Driver? Why Should I Buy Uninsured Motorist Coverage?
Every state requires all vehicles be insured, though, as many as 25% of all private passenger cars and small trucks may be uninsured. If you are seriously injured by an uninsured driver you will be able to make a claim against your own insurance company to take care of your injuries. You are not insuring the “at-fault” driver, you are insuring yourself and your loved ones. High matching uninsured motorist coverage is a good buy for you and your family.

What Is “No-fault” Insurance Coverage?
No-fault insurance, also called Personal Injury Protection (PIP), provides immediate coverage of your medical bills and the medical bills of your passengers no matter who caused the accident. No Fault insurance gets its name as the coverage is not dependent on who caused the accident. Under most “no-fault” or PIP coverage plans, a portion of your lost wages is covered.

What If The “At-fault” Driver Does Not Have Insurance?
When you file a claim against your insurance company, it is filed under your Uninsured Motorist (UM) coverage. Your insurance company essentially becomes the “at-fault” driver’s liability carrier. At that time, think of your insurance company as the “at-fault” driver’s company, because it will process your claim like it is the “at-fault” driver’s company. Hopefully, you have UM coverage. In the case of a severely injured person who requires extended hospital care, his or her medical bills may be several times the liability limits on the “at-fault” driver’s vehicle with average coverage. By some estimates, one in four drivers are uninsured. Everyone should have adequate UM coverage. If the uninsured “at-fault” driver hits a car in which you are the passenger, it is your UM coverage that will handle the claim. If your injuries are significant, it may be possible to “stack” insurance.

What If The “At-fault Driver Does Not Have Enough Insurance?
If you are the victim of an accident and the other driver only purchased the minimum required insurance, you may not be fully compensated for your injuries and property damage. The negligent driver’s insurance company would only be responsible for paying up to the policy limits. This most likely would be far less than what you could need to pay your mounting medical bills and to replace your lost wages.

The negligent driver is responsible for paying the property damage and personal injuries caused by the crash. An injured victim would turn to the other driver’s insurance company to cover his liability. In Georgia, a driver is only required to have two types of automobile insurance coverage: bodily injury liability and property damage liability. The minimum insurance liability coverage a driver is required to have is $25,000 for bodily injury and $25,000 for property damage.

I Don’t Need To Hire An Attorney. I Can Trust The Adjuster To Help Me. Their TV Ads Say They Are My Friend. Right?
Insurance companies spend a lot of time and money on friendly advertising. The “at-fault” driver’s insurance company is experienced at handling auto accident claims and their goal is to settle your claim as cheaply as possible. It is how insurance companies stay in business. Unless you are an experienced claims processor, you should hire an Attorney to represent your interests.

Do Adjusters Only Believe My Injuries If I Go To A Doctor of Medicine (MD)?
Being treated by an MD is not a requirement for filing a valid Personal Injury claim. Go to the doctor or practitioner you believe will have the greatest success treating your injuries. Your job is to get well. The most important thing for you to do is recover from your injuries as quickly as possible so that you can return to your normal life.

How Can I Prove The Validity Of My Claim To The Insurance Company?
Insurance companies are more likely to believe people who focus on recovering from their injuries. Documentation, such as medical bills and reports, and accurate proof of lost wages are great ways to prove to insurance companies that an injury exists and has caused losses. Exaggerating the extent of injuries or amount of money lost may cause the insurance company to believe the claim is invalid.

Can I Make The Insurance Company Buy Me A New Car?
Unfortunately, no.

What Are My Property Damage Rights?
The duty of the insurance company for the “at-fault” driver is put you back in the place you were in immediately before the accident. You are entitled to have your car repaired to its pre-accident condition or receive its fair market value.

Payment Questions
How Much Will I Have To Pay My Lawyers At The Conclusion Of My Case?
Most personal injury lawyers work on a contingency fee, meaning if they don’t win, they don’t get paid. Injury victims cannot afford to pay an attorney by the hour. Typically, there are no up front costs or fees with injury lawyers.

What Can I Be Compensated For In An Automobile Accident?
Automobile accidents are some of the most costly accidents, as they frequently result in serious injuries and damage to property. As with any other accident, a victim will be able to recover medical costs in the event of an automobile accident. Medical costs include all immediate medical procedure as well as any follow-ups, chiropractor, or physical therapy required after the accident. All repair costs to the vehicle or property should also be compensated by the at-fault party. Other things that a victim of an automobile accident can recover compensation for include lost wages, pain and suffering, and other general damages.

Are Medical Bills Included In A Bodily Injury Claim?
Yes. After an accident, compensation for all medical treatment made necessary because your injuries are part of the claim against the at-fault party. Medical bills are a component of “economic damages” (sometimes also called “special damages”), which also include lost wages and other out-of-pocket losses stemming from the accident and your injuries.

Can A Health Care Insurer Be Repaid From A Personal Injury Settlement?
Yes, it’s quite common. Most health insurance policies have language which allows the insurance company to be reimbursed for the amount paid out on medical bills if the insured person gets a personal injury settlement. This right of repayment is sometimes called a personal injury lien.

Can I Ask My Lawyer For A Copy Of The Settlement Check?
Yes, and you should. You have a right to see a copy of the settlement check, and to review a copy of the settlement breakdown sheet before the check is deposited. Usually, the insurance company check has both your name and your attorney’s name on it, so you would typically have to endorse the check before it could be placed in your lawyer’s trust account. Ask your lawyer to provide you with a copy of the actual settlement check forwarded to him or her by the insurance company, as well as a copy of all checks written by the attorney to cover costs connected with your case.

Can I Gain Access To My Child’s Settlement Money?
Typically, a parent doesn’t have access to a child’s settlement funds. This is to protect children from parents who might use the money to benefit themselves, instead of the child. A court will generally place a child’s settlement money in a “blocked” trust account until the child turns 18. A court will may allow withdrawals from blocked accounts if the funds are needed for the child’s care and well-being, and the court is satisfied the funds will be used to benefit the minor.

Can My Lawyer Settle My Case Without My Consent?
It’s possible the retainer agreement you signed with your lawyer allows them to settle the case without your consent which includes signing the release agreement on your behalf. If your attorney settled the case in principle without your permission, and no release agreement has been signed, you should tell your lawyer that you don’t want to proceed with the settlement. If a release has already been signed, things get much more complicated.

How Do I Collect My Personal Injury Award?
If the person against whom you have the judgment has insurance, the easiest thing to do is simply notify the insurance company of your judgment. The insurance company will most likely write a check for the damages up to the limit of the insurance policy. If the person against whom you have the judgment is uninsured, collecting won’t be as easy. You must have the judgment entered with the court and then seek to enforce the judgment.

Who Pays For My Medical Bills And Potential Wage Loss? Who Will Pay My Medical Bills?

After an injury or an accident, most victims worry about how they will pay their medical bills. Depending on the case, there are different answers to this question. Your auto or health insurance may cover your medical costs, or you may have to rely on the at-fault party’s insurance carrier.

After being involved in a car accident, doctors and hospitals will offer to bill the other driver’s insurance company to cover your medical costs. You have the ability to use your medical payments coverage to pay for hospital and physicians costs, however, if possible use your health insurance instead of your medical payments coverage.

Since the accident wasn’t your fault, the other driver is responsible for your medical costs and will most likely have to cover the expenses. They will only pay for the expenses when the case is settled though, which is why you will need to pay the costs until then.

What if I miss work?
Generally, lost wages can be quantified, both in terms of how much was lost in the past and how much will be lost in the future. For example, if you make $5,000 per month and missed 2 months of work because of your accident, your past lost wages could be $10,000. If you will miss an additional year of work because of your accident, your future lost wages could be $60,000 (12 months x $5,000 per month). In saying that, the plaintiff’s employment status at time of injury is normally irrelevant, and you will typically not need to show the exact amount of income lost. Based on evidence of what the plaintiff was able to do before and after the injury, the nature and percentage of permanent impairment, and the value of the services before the injury, a jury may make an award as compensation for diminished earning capacity, whether or not the evidence establishes with any exactitude the lost future earnings.

Lost wages fall within the category of “special damages” under Georgia law, which are those which can be assigned a specific numeric value. Loss of earning capacity falls under the category of “general damages”, types of damages not quantifiable in terms of a particular number. Georgia law allows for the recovery of what is known as a loss of earning capacity, the loss of someone’s ability to earn a living – the loss of the capacity to work.

After I Approve The Settlement Of Claim, How Long Will It Take For Me To Get My Money?
Once a settlement is reached, the adjuster is motivated to close your file. The adjuster will most likely mail the Release to your Attorney within 24 hours of an agreement. Some insurance companies send the Release and settlement check at the same time. If this is the case, anticipate closing your claim within 3-5 business days after reaching a settlement agreement. Some insurance companies send the settlement check after the Release is signed and returned to the adjuster. In this case, anticipate closing your claim within 5-10 business days after reaching a settlement agreement.

What Happens After The Settlement Check Arrives?
The Settlement Check will be made payable to you, your spouse (if applicable) and your attorney. Your attorney will prepare a Settlement Statement. The Settlement Statement will set forth the amount of money collected. From the total collected, your attorney will deduct the agreed upon attorney fee, any unpaid medical bills, any insurance reimbursements (subrogation), and the expenses of litigation. After you sign the Settlement Statement, your attorney will issue a check to you from his or her Trust account in the “net” amount of your settlement.

How Can I Handle My Medical Bills Until My Case Is Settled?

Depending on state law and your insurance coverage policy, your medical bills can be paid under your Personal Injury Protection (PIP) coverage, Medical Payments coverage (MPC), health insurance coverage, or Worker’s Compensation plan, if applicable. Many policies providing these types of coverage are entitled to reimbursement from the settlement funds of your Personal Injury claim for the medical expenses paid on your behalf. For people with no insurance or who are unable to pay for medical services, if prior arrangements are made, there are doctors, hospitals, and other medical facilities that will agree to be paid out of settlement. Generally, you will be required to sign a lien against your settlement funds.

What Can I Do About My Lost Wages Until My Case Is Settled?
Depending on state law and the type of insurance coverage in your policy, your Lost Wages may be covered under your Personal Injury Protection (PIP) coverage. Also, if you qualify, you may file a claim for short-term or long-term disability under your employer’s disability coverage. Generally, PIP and disability coverage require reimbursement from your settlement funds. You may also use your employer-provided “comp” time, sick time, personal time, or vacation, which generally do not require reimbursement.

Do I have to pay taxes on my PI settlement?
For the most part, personal injury settlements are not taxable by state or federal laws, however there are quite a few exceptions that can make at least some portion of your settlement award taxable. The IRS doesn’t consider the money that people receive in personal injury claims as wages or salaries, but they do consider this kind of income as compensatory. Most people view compensatory as meaning nontaxable, but this isn’t 100 percent correct, which can potentially leave people owing a lot of money if they aren’t too careful.

The money someone receives in a personal injury settlement that directly correlates to a physical injury or sickness is generally non-taxable. This means things like medical bills, pain and suffering, emotional distress and attorney fees are not taxable if they are connected to a personal injury or physical sickness. Vehicle damage and the cost to repair a vehicle are also non-taxable.

Injury Questions
Are Auto Accidents The Only Type Of Personal Injury?
No. Auto accidents are the most common type of Personal Injury recognized by the general public. Along with auto accidents, Personal Injury law also includes home accidents, boat accidents, motorcycle accidents, airplane crashes, dog bites, train accidents, defective products, birth injury, slip and fall, failure to provide adequate security, work injuries, defective drugs, nursing home abuse, wrongful death, and malpractice to name many of them.

I Was Involved In An Automobile Accident, What Should I Do?
Get treatment if needed. If you are in pain, go to a medical doctor, chiropractor, urgent care or hospital as soon as possible. Attain proper diagnosis and medical treatment for your injuries. It is also important to open a claim with your auto insurance carrier and the other driver’s insurance carrier. When the other driver’s insurance company calls wanting a statement—do not provide one to them as you are not obligated to do so. If you have been injured, seek the representation of an attorney before providing a statement to the other person’s insurance company.

Call an attorney to discuss your claim. Most attorneys do not charge for an initial consultation in accident cases.

I Was Injured Through Someone Else’s Carelessness, What Should I Do?
If you were injured through someone’s careless or negligent action, you may have a personal injury claim. Be sure to see if there are any witnesses to the injury and document the incident with photographs. Also make sure to get contact information for the responsible party, as well as any witnesses. This information will help should you later present a claim for your injuries.

I Injured My Spine When I Fell Down Slippery Steps, Can You Help?
If you are injured because of a dangerous condition on someone’s property, you may have a personal injury claim. Landowners have a duty to warn of dangerous conditions on their property and to make their property safe.

I was injured at a friend/relative’s house or in a car accident involving a friend or relative. Do I have to sue my mom/brother/best friend? I don’t want to create bad feelings.
In these cases, as in all personal injury cases, working with the insurance companies to obtain the compensation you deserve is the first step. If the insurance companies, do not offer just compensation, your friend or relative may be the named defendant in the case. Your friend or relative’s homeowner’s or auto insurance is, in most cases, legally obligated to pay for the damage and provide legal defense for their insured. This means the insurance company will hire lawyers to defend their policyholder. The personal assets of your friend or relative would not be at stake.

I Was Hurt By Taking A Prescription Drug, What Should I Do?
If you have taken a prescription drug (or over-the-counter medication) and believe the product has caused you to experience serious adverse side effects or serious injury, you may have an injury case. Be sure to preserve all evidence. Keep medical records, receipts, prescriptions, packaging and anything else related to the drug, including whatever is left of the drug itself. Do not give the remaining drug or packaging to your doctor, pharmacist, drug manufacturer or insurance company.

My Baby Was Born With A Serious Injury, Do I Have A Case?
You potentially have a birth injury case. Sometimes the injury is caused by negligence or malpractice. When this is the case, the pain and suffering, and financial burden it causes can be eased by an award that compensates you for the full consequences of the injury and its long-term effects. In most cases, both the baby and the parents have the right to compensation.

Who Brings A Claim On Behalf Of Children That Are Hurt?
Oftentimes, it is the parents or guardians of the injured child, as minors (under 18) in Georgia are legally not allowed to file lawsuits. The parent or guardian will often file two separate claims, one to compensate the parent/guardian, and the other to compensate the child.

The parent/guardian will open a claim in order to seek reimbursement for the child’s medical expense (as the parent is legally responsible for paying these medical bills), any lost wages the parent incurred while caring for their child, and any other financial deficits that the parent is faced with due to their child’s injury.

The second claim is filed on behalf of the injured child and is aimed at recovering compensation for the injuries suffered by the child, as well as any future expenses and lost wages that the child is expected to endure because of the injuries.

What If A Person Dies Before Bringing A Personal Injury Lawsuit?
This type of loss is referred to as a wrongful death. The recently deceased spouses, domestic partners, parents, children, siblings, and grandparents can have a claim for wrongful death against the responsible parties. The relationship with the deceased will dictate the priority of the claim. The types of damages that can be sought depending on that relationship are:

Financial support that the survivor(s) would have received
Value of household services that would have been provided by the decedent
Loss of companionship, affection, love, care, comfort, society, loss of consortium (sexual relations) for the surviving spouse
Funeral and burial expenses
Will The Person Who Caused My Injury Be Punished?

The person who caused the injuries is usually not punished. Defendants in civil actions for personal injury do not receive jail time or criminal fines as punishment. In some cases, juries and courts can award “punitive damages,” which are designed to punish defendants who have behaved recklessly or intentionally against the public’s interest. Punitive damages discourage such defendants and others from engaging similar harmful behavior in the future, such as distracted driving or drunk driving.

What If The Accident Happened While I Was Working?
You may have a Worker’s Compensation claim. Under your Worker’s Compensation coverage, your medical bills will be paid. Although under most Worker’s Compensation plans, the insurance company is entitled to reimbursement from the settlement funds of your Personal Injury claim for the medical expenses actually paid on your behalf.

What If The Accident Is Partly My Fault?
f your action contributed to the accident, you can still recover from the other driver’s insurance company as long as the other driver is determined to be at least 51% “at-fault”. The percentage is a matter of negotiation with the insurance adjuster. Courts refer to this rule as the rule of “comparative negligence”. A few states use the rule of “contributory negligence” which prohibits you from recovering even if you are only 1% responsible.

I had an injury a few years ago and now have similar symptoms after recently suffering a similar injury. Will this impact my case?
Potentially. Legally, the wrongdoer is liable to the extent that they caused a new injury or aggravated a pre-existing injury. This means they may not be liable for the entirety of your symptoms, if a portion of your symptoms can be determined to stem from your previous injuries. Oftentimes, insurance companies will attempt to link previous injuries to current symptoms in order to reduce your recovery.

Can I Recover Is I Have A Pre-existing Condition?
Yes. The fact that you have a pre-existing condition will not prohibit you from recovering from the at-fault driver. Your pre-existing condition is another factor to be considered in resolving your claim. The question is whether the at-fault driver aggravated your pre-existing condition. A person with a pre-existing condition may actually recover more than a fit person would recover in the same accident.

Do I Have A Claim If I Did Not Feel Hurt At The Scene? I was injured and now have symptoms, such as neck pain. These symptoms are bad, but I believe I can function without treatment. Is it worth it for me to see a doctor?

At the scene, you may not feel injured. Many people begin to feel the pain later. Although you may not believe that you were seriously injured, you may feel pain later, including significant pain, when the emergency is over. See your primary care physician or go to the hospital for a complete examination and treatment as soon as possible.

Do I Have To Go To An Md?
You do not have to go to your primary care physician for treatment. You can go to a chiropractor, acupuncturist, or other health care professional. It is a good idea to go to the hospital after the accident even though you may not feel hurt.

Medical Question
What If I’m Sore – Not Hurt?
If you are sore, you are probably hurt. Consult your doctor. If you attempt to tough it out and do not see your doctor, you give the insurance company the ability to deny that you were injured in the accident. You are most likely in shock and your adrenaline is doing its job by working to cover up the pain of your accident trauma.

I Have Been Injured In An Car Accident. How Can I Best Prepare My Case?
If you have been injured due to a motor vehicle collision, immediately seek medical treatment. Have someone call the police to have them come to the scene. Be sure to keep all of your medical bills and keep track of your other expenses. Take photographs of your injuries and the damage to your car. Call an attorney to discuss your case.

I Was Rear Ended By A Driver Who Lives In Fulton County, Georgia. The Accident Occurred In DeKalb County, Georgia. I Live In Cobb County. Where Will My Lawsuit For My Personal Injuries Be Filed?
Generally, you would file your lawsuit where the accident occurred or where the defendant lives. In this case, you could file your lawsuit in either Fulton or DeKalb County.

I Had A Family Member Who Died Due To The Negligence Of Another. Can I Bring A Lawsuit Against The Negligent Party?
You may have a premises liability case. Generally, an owner of property can be held liable for one’s injuries if he had actual knowledge of a particular defect, or had constructive knowledge of the problem and did not correct the dangerous condition.

One who is designated as a Special Administrator may bring a lawsuit for a wrongful death claim on behalf of the deceased party.

A Neighbor’s Dog Bit My Child. Can I Pursue A Case Against The Homeowner For My Child’s Injuries?
Yes. Someone, usually a parent or guardian, may bring a lawsuit against the homeowner for a dog bite injury. Georgia is a “negligence” state when it comes to dog bites and other animal-related injuries. This means in order to prove liability, an injured person must prove that an animal’s owner knew that the animal was “vicious” or “dangerous” and acted without reasonable care to restrain the animal or protect other people from injury. Here is a link to Georgia Dog Bite Law.

What Are My Options If I Was Hurt On The Work Site?
If you were hurt while on the job, there is a high likelihood you will be eligible for workers’ compensation benefits. These benefits are intended to provide you with income while you are unable to work or unable to work at full capacity. You do not need to prove that your employer was at fault for your injury, but you do need to be diagnosed by a doctor who is authorized by your employer.

You have 30 days to give notice of your injury to your employer, and must make a claim for your injuries within 1 year from the date of injury or the date of the last remedial treatment OR 2 within 2 years after the date of the last payment of weekly benefits. Here is a link to Georgia Workers Compensation statute.

What If My Employer Wants Me To Sign An Agreement?
Some injured employees feel as if they are being pressured into signing an agreement. After an accident, companies may try to force injured workers to sign an agreement or release in exchange for a small payment. You should never sign anything without talking to a skilled personal injury attorney. Often, the insurance companies are really trying to pay you the least amount possible. They will also require you to give up your legal rights later on. You should not sign anything, or give any kind of a statement, before consulting the situation over with an injury attorney. Having a skilled lawyer on your side will help you avoid jeopardizing your case.

When Are Property Owners Liable For Accidents On Their Premises?
A property owner can be held liable for accidents that occur on their premises when they are the result of the property owner’s negligence. Most claims are determined whether property owners took reasonable steps to maintain the safety of their premises. If it is demonstrated that they did not, they are likely to be liable for any accident that occurs as a result.

How Is Someone Considered Liable For A Slip And Fall Injury?
It is difficult to define a liable person in a slip and fall case. The outcome will ultimately be determined by the carelessness of the owner of the property or whether the injured individual caused their own harm. The legally liable party must have caused the surface to be dangerous, and/or must have known and were careless about it.

How Can You Prove If I Was A Victim Of Medical Malpractice?
In many medical malpractice cases, it is the result of a doctor’s gross negligence that leads a patient to incur further injury. This negligence can be proven if another medical professional testifies that your doctor did not act like an ordinary doctor during your procedure.

In The Event Of A Truck Accident, Is The Trucking Company Or The Driver Liable?
In many instances, the accident is the driver’s fault, but it is up to the trucking company to pay compensation for its mistake. The driver is an agent of the company and, therefore, his or her actions can be regarded as the actions of the company, so long as the driver was acting within the scope of their employment. If the driver was acting beyond the scope of his or her employment such as driving under the influence or driving when they are not supposed to be, then an argument can be made that the driver be held liable instead.

If I Was Injured In A Motorcycle Accident While Not Wearing A Helmet, Can I Still Recover Damages?
This will depend on whether your state has a law requiring helmet use. Georgia has a mandatory helmet law. It can be nearly impossible to obtain compensation for a head or neck injury. However, you may be able to recover damages for other injuries.

I Was In A Motorcycle Accident Caused By Another Driver, But Our Vehicles Never Collided. Can I Still Raise A Claim Against The Driver?
Yes. This type of accident is a “no contact” motorcycle accident. Drivers must obey traffic laws and remain aware of the vehicles around them. If another driver causes you to get into an accident through negligent actions, you can still attempt to recover damages even though you did not make physical contact with the other vehicle.

Is A Motorcycle Accident Automatically My Fault If I Was Lane Splitting?
Lane splitting is the act of riding between two lanes of cars during times of slow-moving or stopped traffic. Although not specifically prohibited by law, insurance companies consider lane splitting a precursor to accidents, meaning insurance companies will argue the accident was likely to occur because of lane splitting. This consideration is due to dangerous factors, such as the small space between two lanes and the fact that other drivers do not expect another vehicle to zoom past them in slow traffic. In addition, although an accident which occurs while lane splitting is strong evidence that the act is unsafe, the motorcyclist may not be entirely at fault. If you can prove the other driver was doing something found to be more unsafe, such as texting or drinking while driving, you can still attempt to recover damages. However, the assistance of a motorcycle accident attorney will be necessary. Evidence of a safe riding record or proof that you took a motorcycle safety course will also help your case.

Is A Motorcycle Accident Automatically My Fault If I Was Lane Splitting?
Lane splitting is the act of riding between two lanes of cars during times of slow-moving or stopped traffic. Although not specifically prohibited by law, insurance companies consider lane splitting a precursor to accidents, meaning insurance companies will argue the accident was likely to occur because of lane splitting. This consideration is due to dangerous factors, such as the small space between two lanes and the fact that other drivers do not expect another vehicle to zoom past them in slow traffic. In addition, although an accident which occurs while lane splitting is strong evidence that the act is unsafe, the motorcyclist may not be entirely at fault. If you can prove the other driver was doing something found to be more unsafe, such as texting or drinking while driving, you can still attempt to recover damages. However, the assistance of a motorcycle accident attorney will be necessary. Evidence of a safe riding record or proof that you took a motorcycle safety course will also help your case.

The Person That Caused My Injury Is Claiming That It Was My Fault. What Do I Do?
Many negligence cases involve a he-said/she-said situation, where it is initially unclear exactly what happened. An experienced attorney will have a plan of action for proving who caused the injury.

It’s important to note that not every case is the result of just one person’s negligence. Often more than one person, sometimes including the injured party, is to blame for the resulting damage. In some cases, an accident victim can often recover a percentage of the damages that he or she sustains.

How Do I Get My Car Fixed?
Call the Property Damage adjuster with the at-fault driver’s insurance company who is handling your claim. Do not discuss anything with the adjuster except your Property Damage. Most insurance companies have separate adjusters for the Property Damage claim and the Personal Injury claim. If the adjuster does not have a copy of the Accident Report, fax or mail a copy to the adjuster. After the adjuster admits liability, make arrangements to have your car assessed. If for some reason the adjuster does not admit liability, you will need to file a claim under your policy’s Collision coverage.

How Is The Value Of My Car Determined?
Most insurance companies use a service that maintains late model vehicle values like Kelley Blue Book, or Edmunds. Establishing a value for your car is simply using one of the available formulas to compute the value of your car based upon the general condition of your car, its mileage, plus the options and equipment package on your car and other allowed factors.

When Is A Car Considered “Totaled”?
A car is considered a total loss if it will cost more to fix it than its fair market value. For example, if Edmunds says your car is worth $3,000 but the repair cost to the car is $5,000, your vehicle would be considered totaled.

What If My Car Is “Totaled”?
If you’ve been offered a fair and reasonable price, accept it, find a new car and get on with your life. If you are not satisfied with the insurance company’s offer, you must prove to the adjuster that your car deserves a higher valuation. You can get the value of similar cars by researching your car’s price in an appraisal guide or by checking the price of your car on the Internet at sites like, Kelley Blue Book, or Edmunds. You can also hire an independent appraiser to value your car. If you and the adjuster are unable to agree upon the value of your car, you will have to sue the “at-fault” driver. However, with all the tools available to value cars, almost all Property Damage claims are settled.

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