Month: December 2022

Plano, TX Crash Accident Reports: How to Get Your Copy

Monday, December 19, 2022
plano tx accident report

After a car accident, you must ensure your insurance claim gets processed promptly and efficiently.

Getting an accident report to your insurance company as soon as possible is a simple and necessary step in the right direction.

However, the process of getting your copy depends on where you live.

To get an accident report in Plano, follow the steps below.

Do I Need a Plano Accident Report?

Plano police accident reports provide an official and detailed description of what occurred during an accident.

In many jurisdictions, like Plano, accident reports are required when injuries, major damage, or extenuating circumstances are involved.

In Texas, a police accident report must be prepared if anyone was injured or died in the accident or if there appears to be $1,000 or more worth of damage to someone’s property.

You’re almost always required to report any traffic accident to your car insurance company, regardless of whether you claim coverage. You can report the accident or file an insurance claim without a police report.

However, having one can speed up the process and help prove the legitimacy of the accident.

Where to Find an Accident Report in Plano

Plano police incident reports are held online by the Plano Police Department on the Traffic Crash Records page.

Due to their confidential nature, a Plano, TX, police report is not available for online viewing by the general public. 

To access Plano traffic accident reports, you must enter the report number or supply information in at least two of the three blue fields in the search engine. Your name and involvement type are also required.

If your search returns any results, the screen will display a list of matching reports, and you can then select the report you wish to pay for and download. Search fields are not case-sensitive and will look for partial matches.

Reports are only available online for accidents that occurred within approximately the last two years. Older reports are available by contacting the Plano PD Records Department.

It can take up to 10 business days before reports are processed and available for download. Reports are available online for six dollars each.

What’s Included in a Plano Accident Report?

Accident reports must include important information like the cause of the accident and the conditions of the persons and vehicles involved in the accident.  

Additionally, the police department prepares a report when requested by other police departments, coroners, sheriffs, garages, and other suitable agencies or individuals.

The accident report will have various abbreviations and codes that may not be easy to understand.

Fortunately, the Plano police department provides a copy of the codesheet to help you decipher any confusing parts of the report. You can find the code sheet here.

The Law Office of Aaron Herbert Can Help You 

If you still have questions regarding the accident report process—like where to request one or whether you need one—you may need to speak with an attorney.

An experienced attorney will help guide you through the insurance claims process and fight for your best interests.

For an experienced advocate who knows how to protect your rights after a car accident, contact the Law Office of Aaron Herbert today.

Posted by Aaron Herbert at 2:58 pm

Concussion Settlement Amounts in Texas

Sunday, December 18, 2022
concussion settlement amounts texas

Suffering a concussion in a car accident can be a traumatic experience, especially if you weren’t at fault.

To make matters worse, trying to determine a post-concussion syndrome settlement value on your own often compounds the stress and the symptoms accompanying your head injury.

That’s why consulting with a skilled personal injury attorney is essential. An experienced personal injury attorney can take the guesswork out of the equation.

Concussions from car accidents are very serious injuries. If you’ve suffered a head injury in a car accident, the Law Office of Aaron Herbert can help you determine your case’s value.

Instead of dealing with insurance companies who may not have your best interests in mind, our team can investigate your case, calculate your damages, and negotiate with insurance companies while you recuperate.  

What Is a Concussion?

A concussion is a mild traumatic brain injury (TBI) in which no obvious brain injury is found, but brain function is impaired.

During a car accident, a concussion can occur when your brain makes contact with the inside of your skull after a bump, blow, or jolt to the head or a hit to the body that causes the head and brain to move back and forth quickly.

This kind of sudden movement can result in the following:

  • Bouncing or twisting of the brain in the skull,
  • Chemical changes in the brain, and
  • The stretching and damaging of brain cells.

Concussions aren’t usually life-threatening but can be serious.

If you hit or torqued your head during a car accident and experienced symptoms such as severe headaches or disruptions in how you think, learn, feel, act, or sleep, seek medical care immediately.

Afterward, a personal injury attorney can help you understand your legal options. 

How Much Is My Concussion Claim Worth?

Every concussion victim’s case is unique. Some car crash victims experience mild concussions with few symptoms, while others suffer life-changing damage.

Because concussions vary so dramatically, it’s difficult to calculate the average settlement for concussions from car accidents.

Numerous factors will affect how much compensation you’re eligible to receive. However, the two main factors are an injury’s severity and the length of time required for it to heal.

Concussion warning signs and symptoms include:

  • Loss of consciousness,
  • Nausea and vomiting,
  • Vision changes,
  • Slurred speech,
  • Extreme drowsiness,
  • Feeling confused or disoriented,
  • Balance concerns and decreased coordination,
  • Seizures, and
  • Emotional and mental health changes.

These symptoms can linger and affect daily life, leading to expenses and damages like medical bills, loss of income from missed work, pain and suffering, and reduced quality of life.

The symptoms, their effect on a victim’s health, and how much a victim has spent and will need to spend on treatment also affect the value of a settlement.

A personal injury attorney will evaluate your symptoms and expenses and assess your prognosis to determine a fair post-concussion syndrome settlement value. 

Contact the Law Office of Aaron Herbert Today

If you’ve suffered a concussion in a car accident, the Law Office of Aaron Herbert is here to help you hold the person responsible for your injury accountable.

Our compassionate team will take the time to talk with you, review the facts of your case, and explain how much compensation you can seek.

The fact that we have achieved the highest possible AVVO rating isn’t just a badge of honor but also your assurance that, as a client-centered law practice focused solely on personal injury law, we will fight tirelessly for the justice you deserve.

We offer free consultations and never take a fee unless we win. Contact us today online or by phone to schedule a consultation. 

Posted by Aaron Herbert at 2:26 pm

Average Settlements for Severe Brain Injuries in Texas

Thursday, December 15, 2022

According to the Centers for Disease Control and Prevention (CDC), 2.2 million people visit the emergency room annually for traumatic brain injuries (TBI).

In fact, severe brain injuries are one of the most common public health issues facing Texans.

If you or a loved one suffered a severe brain injury, you know the serious emotional and financial toll a TBI takes. And you may wonder what an average settlement for traumatic brain injury is worth.

Because numerous considerations go into determining a TBI’s case value, and because every case is different, it is essential to speak with an experienced TBI attorney.

If you’re interested in determining the average settlement for traumatic brain injury, Texas Board of Legal Specialization certified attorney Aaron Herbert can walk you through how a TBI case is brought, explain your legal options, and help calculate your TBI case value.

At the Law Office of Aaron Herbert, we pride ourselves on providing clients with tireless advocacy and are committed to helping you fight for the compensation you deserve.

What Is Traumatic Brain Injury?

A TBI is an injury that affects how the brain works. Most TBIs are mild injuries or concussions that cause the brain to bounce around or twist in the skull, which can stretch and damage brain cells.

Mild TBIs are not usually life-threatening. However, a mild TBI or concussion’s effects can be serious.

The CDC defines severe TBI as a disruption in the brain’s normal function caused by a bump, blow, or jolt to the head that can lead to long-term or life-long health problems that may affect all aspects of a person’s life.

A person with a moderate or severe TBI may need ongoing care to help them recover and perform daily activities. 

What Is the Average Settlement for Traumatic Brain Injury?

TBIs occur more frequently in the Lonestar state than you might imagine. According to the Brain Injury Association of America—Texas Division:

  • 144,000 Texans sustain a TBI yearly;
  • TBIs permanently disable 5,700 Texans yearly; and
  • 381,000 Texans, or about 2% of the population, live with a TBI-related disability. 

The good news is that TBI sufferers are often eligible for compensation. However, because each case is unique, and factors such as the severity and type of injury vary from person to person, the average TBI settlement amount varies from case to case.

Generally, though, the severity of the TBI injury and the circumstances surrounding the accident determine how much compensation a victim is entitled to.

To better calculate what a TBI case is worth, an attorney will consider facts such as:

  • The severity of your injury; 
  • Your long-term TBI prognosis,
  • Current and future medical costs,
  • The costs of preventative care should other related brain conditions develop in the future,
  • Your TBI’s impact on your ability to earn a living,
  • Your TBI’s effect on your personal life,
  • Other current and future financial losses, and
  • Costs of mental health counseling.

Every TBI presents unique challenges. From permanent disability to occasional issues with day-to-day tasks, TBI effects range from minor to severe.

An experienced personal injury attorney will review your TBI prognosis and the challenges it presents and help you determine your claim’s value.

What Kinds of Costs Can I Recover for a Traumatic Brain Injury?

Though the values of TBI cases vary, Texas TBI victims may generally pursue damages for the following:

  • Emergency care,
  • Surgery and hospitalization,
  • Current and future medical expenses, 
  • Prescriptions,
  • Physical therapy,
  • Rehabilitative care,
  • Ongoing in-home care,
  • Past and future lost wages, 
  • Diminished earning capacity,
  • Disfigurement,
  • Pain and suffering,
  • Depression, 
  • Post-traumatic stress, and
  • Loss of enjoyment of life.

A skilled TBI attorney can give you a better idea of what your brain injury claim is worth and help you receive the best possible TBI settlement.

Contact the Law Office of Aaron Herbert Today

If you’re interested in learning more about the average settlement for brain injury, the Law Office of Aaron Herbert will take the time to review the facts of your case and provide you with one-on-one attention.

As a client-centered law practice focused solely on personal injury law, the passionate team at the Law Office of Aaron Herbert will work tirelessly to hold the parties responsible for your TBI accountable.

The fact that our team has achieved the highest possible AVVO ratings says it all—the Law Office of Aaron Herbert is committed to our TBI clients and will fight for you to get justice.

Contact us today by phone or online to schedule a free consultation. We never take a fee unless we win.

Posted by Aaron Herbert at 12:27 pm

What Type of Damages Can I Collect From Texas Truck Accident?

Tuesday, December 13, 2022
What Type of Damages Can I Collect From Texas Truck Accident?

Trucking accidents are an unfortunate part of sharing the road with commercial vehicles.

Thousands of people are injured or killed every year following collisions with trucks and other large commercial vehicles.

The sheer size and weight of trucks often make the injuries associated with trucking accidents more severe than those associated with other crashes.

Who Is Liable for a Truck Accident?

Aside from the size differences, semi-truck accidents also differ from passenger vehicle accidents because there might be multiple potentially liable parties.

Truck drivers and truck companies must follow state and federal regulations concerning loading requirements, weight requirements, inspections, and consecutive hours worked.

Also, sometimes an accident happens because a truck part is faulty. Because of the numerous parties and additional rules involved, it might be difficult to discern who is liable for your truck accident.

Reaching out to an attorney will help ensure the proper parties are brought to justice.

How Do I Prove Liability After a Truck Accident?

No matter who is liable, to recover compensation, an accident victim must prove the other party was either negligent or is strictly liable for their injury. Using one of these legal theories to prove liability is the first step in receiving compensation for damages.

Negligence

To prove negligence, you must first prove the other party owed you a duty of reasonable care and that they breached that duty.

Reasonable care includes safely controlling the movement and speed of the truck while abiding by the law. If the driver caused an accident because they were checking their phone rather than paying attention to the road, they were likely negligent.

Or, if a truck driver violates a traffic law, like running a red light, and an accident occurs, the violation can establish the driver was negligent.

Once you establish the at-fault party owed you a duty of care and that they breached that duty, you must prove the breach caused your accident. This element is known as causation.

Once you’ve established causation, you then need to prove you suffered damages you can be compensated for. 

Strict Liability

When an accident involves strict liability, you don’t have to prove negligence. In a strict liability claim, you have to prove the at-fault party performed the action or conduct that caused your injury.

Product liability claims are one of the most common types of strict liability claims injured accident victims use to receive compensation.

In a product liability claim, designers, manufacturers, and any company involved in a product’s distribution chain could be held liable if a defective product caused a truck accident. 

Faulty equipment, like brakes, tires, engine parts, or cargo straps, could support a potential strict liability claim. A truck accident lawyer at the Law Office of Aaron Herbert can evaluate the facts of your truck accident and determine if you might be able to pursue a strict liability claim.

Truck Accident Compensation

After an accident, medical bills pile up, and you may have to front the cost of repairs and rental cars as you wait for your insurance claim to be processed. Fortunately, many of these costs can be recouped if you can prove liability and prove your damages.

Truck accident compensation is based on the damages your attorney can prove. When you bring a truck accident claim in Texas, you can pursue both economic and noneconomic damages. 

Economic Damages

Economic damages are quantifiable monetary damages related to your accident. Economic damages include the following: 

  • Medical bills,
  • Future health care costs,
  • Lost income for missed work,
  • Lost future earnings, and
  • Property damage or loss.

Medical bills can include emergency medical care, hospital stays, prescription medicines, and physical or occupational therapy. To prove your medical damages, you will need to see a doctor as soon as possible after your truck accident.

Your doctor will create medical records that will help you prove when your injury occurred, the severity of your injuries, and your prognosis. 

An attorney can gather all the pertinent evidence, such as medical records, bills, pay stubs, and repair invoices, to prove these damages. 

Noneconomic Damages

Noneconomic damages compensate you for the emotional and mental suffering caused by your accident. Noneconomic damages are more subjective, and the insurance company may not consider them if you don’t claim them.

Some examples of noneconomic damages include the following:

  • Pain and suffering;
  • Long-term physical impairments, such as disfigurement, scarring, or amputation; 
  • Emotional distress;
  • Loss of enjoyment of life; and
  • Loss of consortium. 

Loss of consortium concerns the quality of your relationships. The ultimate goal in claiming loss of consortium is to compensate you for the loss of love, care, affection, support, and intimacy.

Noneconomic damages are difficult to calculate because they differ from person to person. An experienced attorney can help you identify and calculate all of your damages to make sure you are pursuing all of the compensation you’re eligible to receive. 

Call a Truck Accident Lawyer Today

If you or a loved one suffered injuries in a truck accident, the Law Office of Aaron Herbert can help you hold the at-fault parties accountable.

Aaron Herbert is board certified in personal injury trial law by the Texas Board of Legal Specialization and has handled more than 50 jury trials.

When you need tenacious advocates who will fight for you at the negotiating table and in the courtroom, the Law Office of Aaron Herbert is here to help. Contact us online or by phone to schedule a free consultation.

Posted by Aaron Herbert at 10:36 am

Were You injured As a Passenger in a Car Accident, Do You Get a Settlement?

Monday, December 5, 2022
Were You injured As a Passenger in a Car Accident, Do You Get a Settlement?

Some car accidents are simple fender benders where the drivers exchange insurance information without incident or injury.

In that scenario, receiving a settlement from the insurance company is unlikely.

On the other hand, if a car accident was devastating, with serious injuries to all passengers involved and a totaled vehicle, then the insurance company is required to pay for all the damage, including harm done to the passengers.

If you were a passenger in a car accident, a settlement from a negligent driver is almost always available for you to seek.

What Do I Need to Prove to Get a Car Accident Passenger Settlement?

To recieve a car accident passenger settlement, you must prove that the negligence of another party caused the accident and your injury. Without proving negligence, you can’t be compensated for your damages. 

Proving negligence requires showing that:

  • The driver owed you a duty of care to operate their vehicle safely;
  • The driver breached this duty by engaging in unsafe behavior; 
  • The unsafe behavior caused your injury; and
  • You suffered damages you can be compensated for. 

It is crucial that you prove a clear connection between the at-fault driver’s breach of duty and your injuries. 

Determining how the other driver breached their duty in an accident isn’t always easy. Many passengers don’t know who was responsible because they likely didn’t see what the drivers were doing.

For this reason, you may need to file a personal injury claim against both drivers as well as with your auto insurance company. 

I Think I Am Owed Compensation, But How Much?

The value of your claim depends on the assessed amount of damages. An insurance company calculates damages by assessing the relevant evidence associated with your claim that proves your damages. 

To calculate your damages, add up the losses you’ve incurred due to the accident, including medical expenses, lost wages, out-of-pocket expenses, property damage, and future medical expenses.

Those types of monetary losses are called economic damages. You might also be able to recover noneconomic damages for emotional or psychological harm caused by your injury, including the following:   

  • Pain and suffering;
  • Physical impairments such as disfigurement, scarring, or amputation;
  • Emotional distress;
  • Loss of enjoyment of life; and
  • Loss of consortium or loss of intimacy.

While calculating economic damages is relatively straightforward, noneconomic damages can be difficult to calculate without the help of an experienced attorney because they don’t have a clear dollar amount attached to them.

An attorney can request and examine medical records, bills, invoices, and other pertinent evidence to calculate your damages. 

How Long Will It Take To Get a Passenger in Car Accident Settlement?

Knowing you might get a settlement after your car accident begs the question, how long will it take to get a passenger in car accident settlement?

The first step to getting a settlement from a car accident is to complete your medical treatment. Depending on the extent of your injuries, this step can take months or years.

However, completing treatment for as long as your medical provider suggests is important. If you stop treatment too early and try to receive a settlement check as soon as possible, you might miss out on compensation for medical costs that your settlement should’ve covered.

The next step is having an attorney evaluate the facts of your case and examine preliminary evidence, such as medical bills and records, that can be used to substantiate your damages claim.

This process is relatively quick, but how long it takes will depend on how long it takes to request and receive medical records and bills from your providers.

After gathering the evidence, your attorney will begin negotiating with the insurance carrier. Generally, it is a back-and-forth discussion about the evidence and whether the evidence substantiates the settlement amount you’re claiming.

If an insurance company is not cooperating, finalizing a car accident passenger settlement can take months.

If the insurance company ultimately fails to see your side of the story, it might be worth considering filing a lawsuit. Although lawsuits can take years, after filing a lawsuit, the insurance company may take your claim more seriously because they know you aren’t willing to back down.

Call Passenger Car Accident Lawyers Who Can Help

If you were a passenger in a car accident, a settlement could be available to you.

The passenger car accident lawyers at The Law Office of Aaron Herbert can guide you through the insurance claims process and fight for your best interests at the negotiating table and in the courtroom.

Aaron Herbert is board certified in personal injury trial law by the Texas Board of Legal Specialization and has 20 years of experience helping clients hold the people who injured them accountable. Contact us today for a free consultation. 

Posted by Aaron Herbert at 11:33 am