Articles Tagged with Personal Injury Claim

pain-chest-man

You can be seriously hurt after being in a car accident in Fort Worth or Dallas and not know it. A good example is blunt-force chest trauma. You may experience pain and have difficulty breathing and just hope this goes away on its own. That can be a serious mistake. This post will answer your questions about how serious a chest injury after a car accident can be, what can you do to treat it, and whether you can be compensated.

This post is part of a series about these injuries commonly sustained after a car or truck crash:

  1. Head
  2. Neck and back
  3. Spinal cord
  4. Shoulder and
  5. Broken bones

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Funeral
We don’t know why every weekend produces another round of fatal car and truck crashes across the Dallas-Fort Worth area. Or why we treat this news as if it is inevitable. Or that there is nothing we can do about it. But we all know that it can be frightening to drive on our North Texas highways. This past weekend produced more tragedies including these:

  • South of Fort Worth: two people lost their lives in Burleson Sunday evening at 6:30 when a car traveling north on Interstate 35 crossed through the cable barrier and hit a southbound vehicle head-on. Two people in the north-bound car perished and other people were injured, some critically.
  • South Dallas: a woman crashed into a truck and car that had already collided and were on the shoulder on Interstate 20, taking her life.

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Rare court victory for injured drivers fighting their insurance companies

The Fourth Court of Appeals in San Antonio issued an important decision on Wednesday that awarded an injured driver his entire underinsured motorists (UIM) benefits. The holding in Allstate Insurance Company v. Irwin is only the second time that an appellate court has allowed a plaintiff to obtain Texas UIM benefits without first filing suit and obtaining a judgment against the adverse driver. Further, it is the first time that the recovery of attorney’s fees and costs has been allowed.

Background: Mr. Irwin was seriously injured in a car crash in 2016. He suffered a herniated disc in his lumbar spine and had to undergo various procedures to alleviate his pain. The total cost of his medical treatment was substantial. He settled with the at-fault driver’s insurance company for her policy limits of $30,000.00. He then demanded that his liability insurance company pay his underinsured policy limit of $50,000.00 for his remaining damages. However Allstate refused and only offered an additional $500.00 claiming that his injuries were preexisting, that he was over 50 years old, and that he worked as a construction worker. The man filed suit for the money his company owed him from his UIM policy.

After hearing the evidence, the jury awarded him $498,968.36. The court signed a judgment awarding the plaintiff his policy’s limit of $50,000.00, attorney’s fees, and costs. Allstate appealed.

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Health insurance company medical bills

A health insurance company must pay medical bills, right? No, not always.

We are often hired by people justifiably angry after their Blue Cross-Blue Shield plan declined to pay for their amulance, hospital, and doctor bills. You have to pay expensive premiums and high deductibles and co-pays. So it is natural to assume that after you are in a car or truck collision in North Texas, that your health insurance company will pay for your medical bills. But unfortunately, it often won’t. But you won’t know this for months.

So the best thing for you to do after being in a wreck is to hire a good personal injury lawyer immediately. He will fight to get your medical bills paid or lowered by your health insurance company and your damages paid by the other driver’s liability insurance company. And if you don’t have health insurance, he can get you treated by qualified doctors and pay for some of them up front or guarantee payment so they are repaid from your insurance settlement or jury verdict. It’s a win-win for you.

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Distracted Driving
I just attended the monthly meeting of the Fort Worth Safe Communities Coalition.I serve on the Road Safety Task Force with officials from the Fort Worth Police Department, City of Fort Worth, Tarrant County, and other government leaders. Our goal is to make Fort Worth roads and highways safer. As always, the subject of texting while driving and how we can discourage that extremely dangerous practice came up, but we have no good solutions. And everywhere I go, people tell me they were almost in a car accident or saw another driver weaving and they were staring at or using their cell phones. We all know that texting while driving is out of control. Some people have asked if it is against the law.

Yes texting while driving is a crime but …

Texas became one of the last states in the country to ban texting while driving. Four previous attempts had failed. As a result, over 100 cities had already enacted their own ordinances because they could see how deadly this practice had become.

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If you have been injured in a car accident, you may think you can just pick up the phone and get a good settlement. Good luck with that! While some jobs are do-it-yourself, knowing how to develop and argue a personal injury claim, negotiate with shrewd Texas car insurance adjusters, and try your case in a courtroom are not things you can master by watching a You Tube video. You won’t know how to proceed in the complicated legal, medical, and insurance worlds. So you are bound to make mistakes that will cost you a lot of money, time, and frustration.

We get calls almost daily from people after 3 months, 12 months, or even several years since their car crash asking us if we can take over handling their cases. They have gotten little if any response from the other driver’s or their own insurance companies. Or they received another stalling demand for information. Or after waiting forever, they finally got a low-ball offer.

They have no way to pay for their needed medical treatment and may still be not able to work. These people are justifiably angry and overwhelmed by the amount of work involved and the poor results.

We understand how frustrated they are. But like they say, if it were easy, anyone could do it.

So many mistakes may have been made that we often are not able to help them get the results they want. We wish they had contacted us or another good personal injury law firm immediately after the car accident. We have many in the DFW area. The choice can be hard, so here are tips to help you decide who to hire.

Like it or not, Texas car insurance adjusters are trained to take advantage of people. Each one has 500 claims just like yours. While it’s your life, you are just a computer file to them.

The adjusters have a lot of secrets they won’t tell you. Here are some of them.

1. They will act friendly but do everything to cheat you out of your damages.

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BLOG-W-FT-W-CRASH-FRIDeadly car and truck accidents happen across the DFW area almost every day. One happened near our office last week when an SUV rolled over on I-30 which critically injured several people and took the life of a 22-year-old woman. Here’s a photograph from the scene. And on Sunday night, two people were ejected from a truck in a rollover accident east of Dallas. Since rollovers accidents have the highest fatality rate of any collision, this is an important public safety topic for all of us.

Causes of rollover accidents

Rollovers happen for a number of reasons and are more complex from a liability viewpoint than other vehicle accidents.

People often confuse filing a personal injury claim with going to court. Most of the time, a personal injury settlement can be reached without ever filing a lawsuit. An agreement occurs when the two parties negotiate to reach a settlement amount that is reasonable. Sometimes the injured person attempts to handle the negotiation on his or her own. But they rarely get the best outcome when they handle the negotiations themselves. Insurance companies are known to use every trick in the book to take advantage of them.

Negotiating is a fine art that requires skill and experience. When it is used to settle something as important as a personal injury claim, it is best left to a trained professional. The process follows a fairly structured process that needs to be understand in-depth. There are many ways to do the case substantial harm. A personal injury victim only has one chance to get a fair settlement. He cannot afford to gamble on his own capabilities.

Before you talk to anyone about your personal injury settlement, you should talk with an experienced personal injury attorney who knows your rights. The first meeting is free and will be invaluable.

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