Month: October 2015

Dog Bite Attorney

Friday, October 30, 2015

Dog Bite Attorney Dallas

Owners of dogs have a duty to ensure that their animal does not harm people.  Unfortunately, some dog owners fail to take the steps necessary to train their dog. Even worse, some dog owners know their dog has a propensity for violence, but take no steps to properly restrain the dog.  Although anyone can be at risk for a dog bite attack, the majority of dog bite victims are children.
Board Certified Personal Injury attorney Aaron A. Herbert has successfully handled cases protecting the rights of innocent victims of vicious dog bite attacks. If you or your loved one has been injured by a dog, Contact Us for a free consultation.
Common Injuries Resulting from Severe Animal Attacks: Some of the most common injuries associated with animal attacks are as follows:

Compensation Available for Victims:  Victims of serious injuries inflicted by the negligent or intentional acts of others are entitled to full and just financial recovery. The settlement amount in a personal injury case including dog bite claims is based on several factors including

  • The severity of the injuries suffered.
  • The permanence of injuries – requiring future medical costs, rehabilitation expenses and revision surgeries for permanent scarring and disfigurement.
  • Level of pain and suffering – in the state of Texas victims injury are entitled to compensation for the emotional trauma suffered as a result of their injuries.
  • Lost time at work – resulting in lost wages and or loss of future income due to permanent injuries or disabilities
  • Punitive damage – Punitive damages can be awarded in instances where the individual responsible for the K9 acted with either an intent to cause harm to acts in reckless disregard for the health and safety to others.

DOG BITE LIABILITY – HOMEOWNERS POLICY:
According to recent reports dog bites account for one on three claims filed against homeowners insurances amounting to over $500 million in compensation paid by insurance companies to victims. As a result of mounting claims many insurances carriers have created carve out exceptions for specific breeds; in particular those with a high propensity of attacking individuals. Examples of breed specific carve outs include Pit-bulls, Rottweilers, and Doberman. In some instances insurance companies have been known to create carve out expectations for all breeds. Despite the recent trend to carve out such claims the vast majority of homeowners insurance policies still cover dog bite claims against innocent homeowners.
STATUTE OF LIMITATIONS FOR FILING CIVIL INJURY LAWSUIT IN THE STATE OF TEXAS:
Generally victims if serious injuries including dog bites have two years from the date of the injury to file a claim in Texas. Minors, individuals under the age of 18 have two years from the date of their 18th birthday to file a personal injury claim. Failure to file a claim in a timely manner may extinguish a victims right to compensation under the law.
If you or a loved one has been involved in a dog attack in Dallas or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. Attorney Aaron A. Herbert has helped dog bite victims hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in an animal attack. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.

Posted by Aaron Herbert at 1:26 pm

Dog Bite Attorney

Friday, October 30, 2015

Dog Bite Attorney Dallas

Owners of dogs have a duty to ensure that their animal does not harm people.  Unfortunately, some dog owners fail to take the steps necessary to train their dog. Even worse, some dog owners know their dog has a propensity for violence, but take no steps to properly restrain the dog.  Although anyone can be at risk for a dog bite attack, the majority of dog bite victims are children.
Board Certified Personal Injury attorney Aaron A. Herbert has successfully handled cases protecting the rights of innocent victims of vicious dog bite attacks. If you or your loved one has been injured by a dog, Contact Us for a free consultation.
Common Injuries Resulting from Severe Animal Attacks: Some of the most common injuries associated with animal attacks are as follows:

Compensation Available for Victims:  Victims of serious injuries inflicted by the negligent or intentional acts of others are entitled to full and just financial recovery. The settlement amount in a personal injury case including dog bite claims is based on several factors including

  • The severity of the injuries suffered.
  • The permanence of injuries – requiring future medical costs, rehabilitation expenses and revision surgeries for permanent scarring and disfigurement.
  • Level of pain and suffering – in the state of Texas victims injury are entitled to compensation for the emotional trauma suffered as a result of their injuries.
  • Lost time at work – resulting in lost wages and or loss of future income due to permanent injuries or disabilities
  • Punitive damage – Punitive damages can be awarded in instances where the individual responsible for the K9 acted with either an intent to cause harm to acts in reckless disregard for the health and safety to others.

DOG BITE LIABILITY – HOMEOWNERS POLICY:
According to recent reports dog bites account for one on three claims filed against homeowners insurances amounting to over $500 million in compensation paid by insurance companies to victims. As a result of mounting claims many insurances carriers have created carve out exceptions for specific breeds; in particular those with a high propensity of attacking individuals. Examples of breed specific carve outs include Pit-bulls, Rottweilers, and Doberman. In some instances insurance companies have been known to create carve out expectations for all breeds. Despite the recent trend to carve out such claims the vast majority of homeowners insurance policies still cover dog bite claims against innocent homeowners.
STATUTE OF LIMITATIONS FOR FILING CIVIL INJURY LAWSUIT IN THE STATE OF TEXAS:
Generally victims if serious injuries including dog bites have two years from the date of the injury to file a claim in Texas. Minors, individuals under the age of 18 have two years from the date of their 18th birthday to file a personal injury claim. Failure to file a claim in a timely manner may extinguish a victims right to compensation under the law.
If you or a loved one has been involved in a dog attack in Dallas or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. Attorney Aaron A. Herbert has helped dog bite victims hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in an animal attack. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.

Posted by Aaron Herbert at 12:13 pm

Dallas Crosswalk Accident Lawyer

Wednesday, October 28, 2015

Crosswalks should be safe places for pedestrians. They should allow pedestrians to cross the street without worrying about oncoming cars. Unfortunately, crosswalks in most cities – including Dallas – are not safe at all. Instead, they are the locations of catastrophic and deadly vehicle-pedestrian collisions. In 2018 alone, the National Center for Health Statistics recorded an estimated 7,680 pedestrian deaths. About 25% of these pedestrian traffic deaths occurred at intersections. 
 If you or a loved one has been in a crosswalk accident in Dallas, please contact the Law Firm of Aaron A. Herbert for a free legal consultation. Our pedestrian accident lawyers may be able to help you demand fair compensation from the at-fault party. This could be a driver or the government agency that designed the unsafe crosswalk depending on the circumstances of your accident. Call (214) 200-4878 to schedule your case review in Dallas today.

Why Choose Our Dallas Crosswalk Accident Lawyer?

  • Our Dallas personal injury lawyer believe in the importance of dedicating personal attention to each case we accept. Our clients benefit from one-on-one care and customized legal services.
  • We fight hard to protect the rights of the injured in Dallas. If this means taking defendants to trial for maximum compensation, we can do so in Dallas County.
  • We have one of the only attorneys in Texas (one of less than 2%) who are Board-Certified in Personal Injury Trial Law.
  • We will not charge clients during Dallas crosswalk accident claims unless we succeed in securing them compensation. We are a contingency-fee based personal injury law firm. 
Dallas Crosswalk Accident Lawyer 2

 What Makes Crosswalks in Dallas So Dangerous?

While crosswalks aren’t taken seriously in a lot of cities, in Dallas and much of the Dallas area we do take them seriously – but in the wrong way.
Many of the crosswalks in Dallas are nearly invisible to drivers and pedestrians, whether due to design or due to lack of maintenance. The brown/gray brick patterns on black asphalt just doesn’t cut it for pedestrian safety. And even when a more visible pattern is used, many cities in North Texas do not spend the resources to re-paint the crosswalk patterns until the paint is severely faded. In the end, a lot of money is spent on the design and upkeep of our crosswalks in Dallas and surrounding cities, yet no significant changes in design have been made in the last twenty years to make intersection crossings more visible.
While many people complain that Dallas is not pedestrian walkable because of sprawl and suburban style urban design with little sidewalk connection between areas, this is only part of the problem. The cities in north Texas need to start valuing neighborhoods which are already walkable by supporting pedestrian comfort and safe with better crosswalk design.
A better design currently exists for crosswalks that has been proven a safer alternative to designs used in Dallas. Dallas should install install continental crosswalks throughout the city.  The “continental” uses two-foot-widestripes which are more visible to approaching drivers. Paired with a limit (stop) line set back five feet from the crosswalk, continental markings better delineate pedestrian space and discourage vehicles entering the crosswalk.
Additionally, cities in North Texas have slowly started replacing signal lights at crosswalks with “countdown” lights for pedestrians. These signal lights show a countdown timer while the pedestrian “walk” figure is displayed so that that pedestrians crossing the street know exactly when they must be out of the roadway.

How Do Crosswalk Accidents Occur?

 Crosswalk accidents occur for two main reasons: dangerous street designs and human error. If you hire a lawyer from the Law Firm of Aaron A. Herbert, we can investigate your pedestrian accident case to determine its cause. We can look for signs of an unreasonably dangerous crosswalk design, such as the issues in Dallas listed above. If we find evidence that the City of Dallas reasonably should have done more to ensure the safety of its crosswalks, the city government could be liable for your injuries. Otherwise, the defendant could be a negligent driver. Negligent drivers cause many deadly pedestrian accidents in Dallas.

  • Distracted driving
  • Cellphone use behind the wheel
  • Drowsy or fatigued driving
  • Driving under the influence of drugs or alcohol
  • Speeding
  • Ignoring traffic signs
  • Failing to yield to pedestrians
  • Running red lights
  • Making unsafe left-hand turns
  • Making illegal U-turns

As a pedestrian, you may be able to prevent an accident by being aware of your surroundings. Always be on the lookout for a driver who is negligent, reckless or breaking roadway rules. Do not assume it is safe to enter a crosswalk until you have looked both ways – even if you have the right-of-way. Do not walk while distracted, especially by a cellphone. If you notice hazards in the design or maintenance of a crosswalk in Dallas, report it to the city. A record of maintenance requests could help an injured pedestrian build a claim against the city for a dangerous crosswalk in the future. It could also pressure the city to repair its crosswalks for greater pedestrian protection.

Why You Need a Crosswalk Accident Lawyer in Dallas

 Your crosswalk accident case may seem simple or straightforward in the beginning. For example, a distracted or negligent driver struck you and should owe you financial compensation under Texas’ fault-based insurance laws. A pedestrian accident case can quickly become complicated, however – especially since most insurance companies will try their hardest to avoid paying claimants. It is important to protect your rights as an injured pedestrian by hiring an attorney in Dallas to take over your case.
 A crosswalk accident lawyer can help you stand up to insurance companies that may try to downplay your injuries or undervalue your claim. Your lawyer can handle negotiations in a way that will demand maximum recovery for your losses. A lawyer can also help you with things such as finding the right doctor and collecting evidence of the defendant’s negligence. When you hire an attorney to take care of legal processes for you, you can focus on healing from your serious injuries while a professional fights for positive case results. At the Law Firm of Aaron A. Herbert, we can help pedestrians with all types of injuries from traffic accidents.

Types of Injuries in accidents involving pedestrians

Pedestrians have no protection from injury in a collision with a motor vehicle, and the injuries they suffer are often serious, catastrophic or even fatal. Common injuries include:

In the unfortunate event of an Dallas crosswalk accident between a pedestrian and a motor vehicle, pedestrians will suffer severe bodily injury or even death. If you or a loved one has been involved in a pedestrian accident in Dallas or other Texas city,  Board Certified Attorney Aaron A. Herbert can help. The personal injury dallas crosswalk accident lawyers at the Law Firm of Aaron A. Herbert have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in Texas. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact Us today for a free, confidential consultation.

Posted by Aaron Herbert at 1:46 pm

Fraudulent Hospital Lien Attorney

Wednesday, October 21, 2015

We Fight  Fraudulent Hospital Liens
If you are the victim of the hospital lien scam in Texas, you may be owed compensation. Did you have a hospital lien filed against you? Have you been receiving collection letters and getting collection calls for your hospital bills? Has your credit score gone down since your hospital visit? Has a hospital lien made it difficult to resolve a personal injury claim?

These are all common symptoms of what is known in Texas as the “Hospital Lien Scam.” Hospitals in Texas have been grossly overcharing and illegally extorting money from their patients for years. This illegal activity has been putting thousands of hard working Texas in serious financial trouble and even bankruptcy.

There is a solution! Under Texas law you could potentially be awarded $10,000.00 per violation if a hospital filed a fraudulent hospital lien against you.

Call the Law Firm of Aaron A. Herbert at (855) 655-HURT for a free consultation. 

The Hospital Lien Scam

1) You Visited The ER: Your ER visit could have been for anything; a car accident, an illness, a heart attack. the beginning step of this scam is all the same

2) Hospital Ran Examinations, Tests, Etc.: Doctors are often placed in a very peculiar dilemma. As part of their Hippocratic Oath, they are sworn to do whatever is necessary to treat you; on the flip side, the hospital is sworn to their shareholders to do whatever is necessary to make the most money. This is where you’ll see instances of “over-examination,” “over-treatment,” and even bizarre examinations that have nothing to do with your injury, running your hospital bill up and up to an extraordinary total.

3) You Were Discharged From The ER: There is a very important distinction between being admitted into the hospital (which is required by Texas Law to have a hospital lien filed against you), and simply being treated in the ER. The ER visit itself may take several hours, and you may even be placed in a specific room INSIDE the ER, but unless a doctor ordered you to be admitted into the hospital, you have not been admitted into the hospital.

4) Hospital Files A Lien Against You At The County Clerk’s Office: The hospital takes your overcharged hospital bill and almost immediately files a hospital lien against you. This is potentially illegal for various reasons.

 How Do I Know If I Had A Hospital Lien Filed Against Me?

You have a few options, you may call (855) 655-HURT, and we may research on your behalf and send you a free copy of your hospital lien Or you may contact the county clerk’s office where your hospital is located.

Posted by Aaron Herbert at 12:19 pm

Dallas County Pedestrian Accidents – Data Shows Increase in Dallas County

Friday, October 16, 2015

Recently published data shows an increase in Dallas County Pedestrian Accidents as well as an increase in surrounding Counties

The data shows a 10 percent increase in such accidents between 2009 and 2013 — from 1,097 to 1,205, according to an analysis of Texas Department of Transportation data by The Dallas Morning News.The biggest percentage increase in vehicle accidents involving pedestrians occurred last year in Dallas, Denton and Tarrant counties, which saw increases of 12 percent, 81 percent and 8 percent respectively over 2012.

Pedestrian fatalities in the five-county area rose sharply over the past five years  – from 63 deaths in 2009 to 83 deaths in 2013, a 32 percent increase.  Dallas accounted for the majority of these fatalities – 52 deaths in 2013 – a jump of almost 68 percent over 2009, according to our analysis.

Posted by Aaron Herbert at 1:42 pm