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The Four Elements of a Successful Auto Accident Injury Insurance Claim or Lawsuit

Many times, UI/UIM claims ultimately end up being civil court cases, though the route, as you can now see, can be quite circuitous. So we’re taking a moment to share a brief overview of what it takes to win any personal injury lawsuit. There are four elements to proving injuries against a defendant. You must clearly demonstrate your charges are true and appropriate. They are duty, breach, causation, and damages. Below, we’ll briefly discuss each of these four elements so that you will have a better idea of what it will take to prove that you’re entitled to be compensated for your injuries.

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Duty: The first charge your un/underinsured auto accident attorney will make is establishing that the defendant owed you a duty of care. This means the defendant must exercise a certain level of caution in order to prevent you from getting hurt while you drove down the street, safely minding your own business. Texas Civil Codes and Procedures set the level of the duty of care that a person or organization owes to another. This duty depends on the circumstances of the situation in-question that are considered within the relationship of the parties involved.

Breach: The next step is proving that the duty was breached. Usually, plaintiffs and their attorneys must clearly show that the defendant drove in a way that a reasonable person would not have driven. Proving that the defendant breached his duty of care is typically done when you and your attorney present evidence to the court to remove any doubt what the defendant did or failed to do that caused the car wreck. Offenses such as speeding recklessly, driving at night without headlights on, running through red lights, driving while intoxicated, and more can constitute a breach of the defendant’s duty of care, even if they may not have been legally charged for these offenses in criminal court.

Causation: You must now clearly demonstrate that the defendant breached his duty of care to you through some form of negligence. But the defendant will deny causation (a term used in proving breach of duty). Often he will argue “unforeseeable circumstances” such as other drivers, pedestrians, or even you were the actual cause of the wreck, This is the defendant’s last stand if he or she hopes to wiggle out of being held liable for your damages. So how do you disprove the defense? It’s up to you and your auto accident lawyer to prove your accident claim, or the defendant is off the hook. This is why it’s terribly important to have sufficient evidence produced by your attorney’s investigation of the accident to disprove any defense that is thrown at you.

Damages: The final “leg” is proving your damages and asking for just compensation; the specific amount of money you are entitled to collect from the defendant for you legal damages. This is the actual sum of money the defendant owes you for medical bills, pain and suffering present lost wages and the loss of future earning capacity if you disabled, and, of course, the repair, or replacement bills to your auto and any items of worth that are also destroyed in the wreck. In order to prove what you’re entitled to collect, you’ll need to calculate exactly what you’re owed and provide evidence of your injuries and losses to support your damage claim.

Determining the full amount of damages is as important as the other three burdens of proof because the amount of damages can be relative and open to defendant interpretation. Computing every single loss can be challenging unless you have an experienced Texas uninsured/underinsured car wreck attorney who knows the value of your losses from auto accidents and how to effectively calculate them. The personal injury lawyers at our Texas Law Office know how to account for and calculate every one of your accident claim damages, and make doubly-certain that you recover as much as possible for your injuries.

An experienced local attorney with our Law Firm will analyze your case, and explain your options so that you will fully understand them. We want to make certain that you recover as much as reasonably possible for your injuries and make this sometimes complicated legal process as easy as for you to understand and navigate to a successful end. Then you can resume your life: free from financial harm, and with this experience in your rearview mirror.

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Available Damages

The compensation associated with wrongful death damages include:

Medical and funeral expenses as a result of the construction fatality.
Financial support provided by the victim lost as a result of his or her death.
The mental and emotional trauma as a result of the family member’s death.
The consortium and love provided by the deceased that cannot be replaced.

Survival Damages

Restitution for survival damages include:

Medical expenses arising as a result of the construction site accident.
Salary lost while the victim would have been hospitalized, or salary that would have been lost by the victim because of long-term disabling injuries caused by the accident.
The mental and emotional turmoil that the deceased would have experienced had he or she survived.
The physical pain and suffering experienced by the deceased.

Hurdles in Obtaining Wrongful Death Case Compensation

Non-subscribing companies have very few options in trying to avoid paying a construction wrongful death claim, because, as stated above, the State of Texas designed workers’ compensation laws to try and reduce the number of lawsuits, and thus strongly encourage companies to subscribe. But even a non-subscriber has a couple of tools it can try to utilize to defeat a wrongful death claim. These are described in detail below.

Sole Proximate Cause

The only true defense a non-subscriber can use to avoid paying a claim is the Sole Proximate Cause defense – that the deceased employee was 100 percent responsible for his or her own death. The only way an employer can successfully prove this defense is by making your family out to be a habitually incompetent employee who was negligent on a regular basis. If successful in proving Sole Proximate Cause, the employer will be able to keep from paying your family the compensation that you deserve. More on this webpage

While it’s true the company did not see fit to pay for workers’ comp insurance, you can guarantee that company will open its checkbook and pay big money to a defense lawyer who is adept at dragging deceased construction workers through the mud. It is imperative you have an experienced and effective attorney by your side to defeat those lowdown tactics and protect your loved one’s reputation.

The Employer/Employee Relationship

A few employers will try and skate the rules by claiming the deceased worker was never really a “true employee,” but a contractor. And in Texas, contractors are solely responsible for their own safety in the workplace. But merely making that claim does not mean that Texas law will view that worker as a contractor. Attorneys with our Law Office\s are very adept at proving that an employer/employee relationship existed by examining pay stubs and contracts and interviewing fellow workers in order to satisfy one of the several standards that prove an employer/employee relationship. These include:

The employer held back Social Security or taxes from the worker’s paycheck.
The employer was responsible for providing the equipment necessary for the worker to perform his or her job.
The worker was expected to follow a set schedule established by the employer.
Your family member either signed a document or performed a task, that limited his or her rights while working for that company. For example, he or she signed a document that stated he or she agreed to comply with an employee handbook or took a drug test.
The worker was not hired for an isolated, single job, but rather for an extended, undetermined amount of time.
Your loved one was paid via salary or hourly wage instead of job-by-job.

What Can You Do?

The first thing NOT to do is to ever, ever give up your right to sue by signing any sort of admission of your family member’s liability for the accident in exchange for a woefully inadequate settlement.

Next, you must act immediately to find a lawyer, or at least as soon as you can. It can be very difficult, and require a lot of proof, to protect the reputation of your deceased loved one.

Every minute you wait to hire an attorney is every minute that evidence disappears – witnesses’ memories become cloudy, and the physical characteristics of the accident scene itself begin to alter. The longer you wait to seek legal help, the more difficult time you’ll have unearthing the evidence that is crucial to prevailing in your case. A detailed investigation needs to immediately be launched; after all, the construction company, insurance provider, and defense lawyers will already be working for the other side. You need a tenacious and passionate attorney working on your side to match them stride for stride.

The wrongful death attorneys at our Law Office have helped the devastated families of construction fatality victims for two decades. We’ve won hundreds of wrongful death cases that resulted in millions of dollars in judgments for our clients. When hired, we will launch an immediate investigation into the circumstances surrounding your family member’s death and gather the evidence you will need to prove your case. And we will not hesitate to pursue legal action against any liable third parties if necessary in order to ensure all of those responsible for the death of your loved one are held accountable. Our attorneys have either negotiated settlements with, or won lawsuits against, every major insurance company in the United States, so their high-powered operatives are well aware of our courtroom acumen. As a result, there are many times and insurers will choose to make our clients a reasonable settlement offer rather than risk losing a much larger amount of money in a lawsuit. And if they choose not to engage in negotiations, we’ll be well prepared to face them in court and make them regret that decision. If you have lost a family member due to a fatal construction accident, call our Law Office as soon as you can (toll-free) for a free and confidential consultation with an experienced wrongful death attorney and find out how we can help you get the justice and fair restitution your family deserves.

Texting & Driving

Cellphones and text messaging have made communication convenient and efficient. However, distracted driving, and particularly texting and driving, has become a serious national epidemic and is one of the most common causes of motor vehicle accidents. Young people are especially known for texting and driving.

A group called The Local Project reports that over 180 billion text messages are sent in the United States each month. Sending or receiving a text message diverts a driver’s attention from the road for approximately 4.6 seconds. This may not sound like much, but it is the equivalent of driving the length of an entire football field at 55 miles per hour while blindfolded.

An individual who suffers injuries because someone else was texting and driving is entitled to compensation for his or her injuries.

Our car accident attorneys are here to help you with your claim against a distracted driver. Call us toll-free or send us an email to speak with an experienced lawyer.

Texting And Driving Is Abnormally Dangerous

The NHTSA defines distracted driving as any activity that takes a driver’s attention away from the main task of driving. Texting and driving is one of the most significant distractions and a leading cause of car accidents because it takes away nearly all of a driver’s cognitive abilities.

Reading and sending a text impairs visual perception and requires mental energy that should be completely focused on the road. Drivers who engage in these activities increase their risk of getting into an accident by three times. More on this website

In the short amount of time it takes to send or receive a text, a driver can cause a variety of accidents, such as a rear-end crash.

Teenagers And Text Messaging

Teenagers are generally inexperienced drivers. Unfortunately, they are also the most likely to participate in texting and driving. Teenagers represent the highest proportion of drivers who are distracted at any given moment.

A quarter of teenagers in a recent study reported that they reply to text messages at least once or more every time they drive.

The NHTSA also reports that 21 percent of the drivers involved in fatal car accidents involving drivers between the ages of 15 and 19 admitted to being distracted by the use of a cellphone.

Texas Text Messaging Laws

Texas does impose a ban on text messaging for all drivers. The penalty for violating Texas’ texting and driving law is a ticket and a fine. Drivers will pay $99 for a first offense and $200 for each subsequent offense. Some cities in Texas have passed their own ordinances banning cellphone use or imposing higher fines on offenders. The penalty for causing serious injury or death while texting and driving is up to $4,000 in fines against the driver. Injuries from an accident caused by text messaging frequently result in extremely large medical bills and lengthy rehabilitation for injured individuals.

Texting And Driving Is Negligent Behavior

A driver who causes an accident by engaging in texting and driving is likely to be considered negligent.

If a driver is shown to be negligent, compensation is available to cover the cost of medical expenses and lost wages. Injuries from a car accident also typically result in pain and suffering, and a negligent driver may be required to compensate a victim for these costs as well.

If you or a family member has been hurt or if you’ve lost a loved one because of a negligent driver, email us or call toll-free to talk with one of our experienced car accident lawyers.

This blog was posted by Ford and Laurel Attorneys Laredo, Texas

Motorcycle Injury Accidents in Texas

Motorcycle accidents can result in a wide range of injuries. Those injuries can be relatively benign, such as scratches and bruises, but they can also be life-threatening and debilitating, such as spinal cord injuries and brain injuries. A common injury suffered in a motorcycle accident is road rash, which is usually fairly minor. But if someone who suffers a road rash does not get it medically treated in time, an infection can result. In this instance, as in every kind of personal injury litigation, it is critical that a victim get medical help so that their case does not suffer due to a failure to mitigate damages. For example, if a motorcycle accident victim with a road rash does not get medical attention, and the rash develops into a life-threatening infection, the party or parties that were responsible for the motorcycle wreck cannot be held liable for the infection. As a result, the victim will be responsible for paying any medical expenses that stem from treating that infection.

More serious injuries that can result from motorcycle accidents include bone fractures and broken bones. Because a motorcycle is not enclosed by a frame, passengers and riders are often ejected from the motorcycle and thrown to the ground. Such a collision often occurs with brute force, and broken legs, broken arms or bone fractures can result. These kinds of injuries, of course, call for immediate medical attention (and that attention will result in medical expenses), but a motorcyclist suffering from this injury might also incur financial losses because of a mobility loss that could keep them from being able to perform their job. By filing a Texas personal injury lawsuit, however, a motorcyclist injured in this manner can attempt to obtain fair restitution for any wages he or she may have lost.

Texas Motorcycle Accident Law Firm

Motorcycle accident injuries can become even more severe, of course, and include traumatic brain injury, disfigurement, and spinal cord injury. Each of these can culminate in debilitating conditions that can last a lifetime, possibly even requiring medical care around the clock. Burn injuries, another potentially severe consequence of a motorcycle accident, can mean severe pain and suffering, as well as disfigurement, for a victim. Lifetime reminders of the ordeal can include scars on the back, neck, legs, hands, arms, or face. Other injuries can be just as devastating or worse, such as loss of limbs or a leg amputation or an arm amputation that can significantly diminish a victim’s quality of life. And all of these injuries can also lead to incredible mental distress. Victims can seek restitution through the means of a personal injury lawsuit, and that restitution can go a long way toward helping victims heal from their injuries and move on with their lives.

All passengers and riders younger than 21 years of age must, by Texas law, wear a helmet while on a motorcycle. Riders and passengers who are older than 21 have the option of wearing a helmet or not wearing one as long as they have either completed a Texas motorcycle rider training course or can provide proof that they have health insurance. There have been compelling arguments made for years both for and against mandating the use of a helmet for motorcyclists, but it is hard to argue with the safety benefits provided by helmets. Traumatic brain injury and spinal cord injuries, the two most potentially devastating injuries associated with motorcycle accidents, can be prevented if riders and passengers wear a helmet. Injuries such as these cannot only result in paralysis, they can also culminate in victims having to have constant medical attention after suffering debilitating, life-long injuries. And with these kinds of injuries come crushingly high medical bills. Victims of severe motorcycle accident injuries are arguably the victims who are most in need of experienced legal help; help that can get them the compensation they need in order to be able to pay the incredibly high medical costs associated with both spinal cord injuries and traumatic brain injuries.

After suffering an injury sustained in a motorcycle wreck, a victim, depending on the seriousness of the injury, might need medical assistance for a day, a week, a month, a year, for several years, or for the rest of his or her life. What goes along with that medical attention, of course, is a stack of medical bills and can range from hundreds of dollars to, as incredible as it sounds, millions of dollars. Therefore, an insurance carrier that is faced with having to pay potentially millions of dollars to an injury victim – even if that victim deserves that compensation – will fight extremely hard to defend its policy. If you do not have the experience of a motorcycle accident attorney on your side, you may shortchange yourself by accepting far less compensation than you are entitled to.