Do I Need a Lawyer for a Minor Car Accident?

Friday, March 24, 2023

Getting into any type of car accident in Dallas, Texas is distressing. You may have injuries and property damage and may not know where to turn for financial compensation. Whether you need to hire a lawyer for a minor car accident will depend on the circumstances of your case and your goals for financial recovery. As a driver involved in a crash, it is up to you to properly handle the car insurance claims process while preserving your rights. Contact our experienced personal injury lawyers today for a free consultation.

Are Lawyers Required for All Car Accident Lawsuits?

No, hiring a car accident lawyer is never a requirement in a car accident lawsuit or another type of personal injury claim in Texas. Legal representation is always optional as an injured party or plaintiff. It is always your decision to either handle an insurance claim or car accident lawsuit on your own or hire an experienced and licensed professional to represent you. The right choice for you will come down to elements specific to your car accident case, such as the extent of your losses and how the insurance company handles your claim.

Should You Hire a Car Accident Lawyer in Dallas?

Dallas Car Accident Lawyers

In general, you do not need to hire a lawyer for a minor car accident in Texas. A minor accident does not involve serious injuries or extensive property damage.

This typically makes it easier to file a claim directly with the insurance company of the at-fault driver and receive a settlement check for the full extent of your medical expenses and vehicle repairs.

If your car accident case has any complications or challenges, however, it may be in your best interest to hire a lawyer, even if the crash was only minor.

What are Reasons to Hire a Lawyer for a Minor Car Accident?

If you answer yes to any of the following questions, you may benefit from hiring a car accident attorney to handle your case:

  • Did you report that you were uninjured, only to discover delayed injuries later?
  • Is the insurance company making it more difficult than necessary to receive benefits?
  • Are you facing unexplained processing delays?
  • Is the other driver’s insurance company disputing fault for the accident?
  • Are you receiving less compensation because of a pre-existing injury?
  • Is someone trying to blame you for the car crash?
  • Did the insurance company wrongfully deny your claim to benefits?
  • Is the insurance company offering less than you believe your losses are worth?
  • Do you suspect insurance bad faith?

How Can a Dallas Car Accident Attorney Help me?

  • A car accident attorney in Dallas will have the knowledge, experience and resources to help you overcome any obstacles you face as you try to obtain fair and full financial compensation for your minor crash.
  • You can trust your lawyer to negotiate with an insurance claims adjuster on your behalf, fighting for an adequate amount for your past and future losses.
  • In addition to negotiating a fair case outcome for you, a car accident lawyer can also take care of legal tasks so you can focus your full attention on healing. These tasks may include connecting you to doctors, collecting evidence and hiring qualified medical experts to testify on your behalf.
  • You can rest, relax and concentrate on recuperating while a skilled attorney fights for the compensation you deserve.

Hiring a lawyer is only worth the expense, however, after a serious accident or if your minor car accident case has issues or complications.

Discuss Your Specific Case During a Free Consultation

Every car accident case in Texas is unique. The only way to be sure you are making the right decision when choosing to hire or not to hire a car accident lawyer is by asking one for advice.

A lawyer will not accept a car accident case that is too minor or low in value to be worth his or her time. Therefore, you can trust the advice you receive from an attorney.

The Dallas car accident attorneys at The Law Offices of Aaron A. Herbert offer free, zero-obligation initial consultations, where you can talk to an attorney about your recent car accident and receive legal advice at no cost or financial risk. Contact us today to schedule your meeting.

Posted by Aaron Herbert at 2:58 pm

What’s the Difference Between Lost Wages and Loss of Earning Capacity?

Friday, March 24, 2023

It is crucial to understand the difference between lost wages and the loss of earning capacity. This could help you obtain maximum compensation for your injury claim. A serious accident can impact your life in many detrimental ways.

This could include making it impossible to go back to work, either temporarily or permanently. Texas law allows an injured accident victim to seek financial recovery for the economic loss of missed time at work, both in the past and future.

What’s the Difference Between Lost Wages and Loss of Earning Capacity? 2

What Are Lost Wages?

Lost wages are the money you would have earned if you were not hurt in an accident and had to miss work while you recovered.

It includes all the money you would have made like your salary, tips, vacation pay, and other benefits. It helps make up for the money you lost while you were in the hospital, getting treatment, or not able to work.

What Is Loss of Earning Capacity?

Loss of earning capacity means that you cannot earn as much money as you did before because of a permanent injury or disability from an accident.

This category of damage is only applicable to victims who have experienced life-altering injuries and disabilities. These injuries may include a spinal cord injury that results in paralysis, permanent brain damage, or an amputation.

Lost earning capacity can also refer to the difference between what the victim used to make before the injury and what they can make now, considering their new level of ability.

For instance, the victim’s employer might decide to keep them as a part-time employee instead of a full-time employee. In such a case, the victim could be eligible for the difference between their previous salary and their current salary. This would serve as compensation for their lost earning capacity.

If the victim’s injury prevents them from working in any capacity, they might still be eligible for compensation. They may be able to get back the full amount of their lost salary for the number of years they would have been able to work. This amount would be adjusted for possible raises, promotions, and inflation. Also, the victim may also receive compensation for their lost 401K benefits, stock options, and retirement benefits.

The value of the compensation depends on various factors. This could include the extent of the disability, the age and overall health of the victim, and their income before and after the accident.

How Do You Prove Losses of Income?

If you get injured in an accident in Dallas that takes you out of work you have options. If you are unable to work for a brief period or the foreseeable future, call us to discuss your options. You may be eligible for financial compensation for past, current and future lost wages. It is up to you or your personal injury lawyer, however, to prove your losses of income before you can recover for them financially.

Pay stubs, employment documents, W2s, tax documents, a letter from your employer, and medical records can prove lost wages. Customer invoices and billing statements can help as well. To recover for lost wages and lost capacity to earn, you or your attorney must show you had income losses before the lawsuit and will lose earnings after.

What Is the Average Settlement for Lost Wages and Loss of Earning Capacity?

There is no average settlement amount for lost wages in Texas. Every injury claim and client is unique. The value placed on your lost earnings and capacity to earn will depend on many factors. Some of these could include your age, injury and income.

For an in-depth case review and an accurate evaluation of your lost wage value, contact an attorney in Dallas today. An experienced workplace injury lawyer can help you negotiate for maximum financial compensation for lost wages and lost capacity to earn.

Posted by Aaron Herbert at 11:27 am

Slip and Fall Walmart Settlements Examples: What Does Their Policy Mean?

Thursday, March 23, 2023
Walmart slip and fall settlements

Save Money. Live Better. This is Walmart’s promise to patrons who shop at its approximately 601 Texas stores. But when Walmart fails to maintain a safe environment, you can be left with a devastating new normal that falls short of what Walmart promised. Slip and fall Walmart settlements occur every year and are analyzed within this page. 

Slip and fall victims are left to pick up the pieces and deal with the social, emotional, and legal fallout.

Instead of being crushed under the weight of immense medical bills and lost wages, you may decide to pursue compensation. But you may want to know examples of Walmart slip and fall settlements amounts before you act. 

We’ll give you a few examples of slip-and-fall settlement amounts when patrons have sued Walmart. We’ll also explore the types of compensation you may receive. Keep in mind that these are just examples. There’s no guarantee that you will receive a certain amount for your case.

The best way to understand and maximize the compensation you can receive for your Walmart slip and fall settlement is to talk to a legal professional.

The Law Office of Aaron Herbert includes two Board Certified personal injury trial lawyers. Our team fights for our clients and makes them feel valued. Unlike Walmart’s insurance adjusters, we’ll always treat you like a person, not a dollar sign. Fill in a simple form to contact us or call us at 214-200-4878.

Examples of Walmart Slip and Fall Settlement Amounts

When considering slip and fall settlement amounts, Walmart cases can vary widely. What’s more, many out-of-court settlement details are kept confidential. Defendants like Walmart don’t want the information public, so they agree to pay out only if certain things are private. That said, jury awards are typically public. 

Let’s go over the damages awards when plaintiffs sue for a slip and fall in Walmart. Settlements and awards listed here are among those that have been made public. 

Linda Watts Gets $1.4 Million for Torn Rotator Cuff and Dislocated Shoulder in 2021

In 2021, a jury awarded plaintiff Linda Watts $1.4 million in a slip and fall case involving a Georgia Walmart. She tore her rotator cuff and dislocated her shoulder when a soaked rug caused her to slip and fall on the stone floor.

Jury Awards Henry Walker $7.5 Million for Broken Hip in 2017

In 2017, an Alabama man received a $7.5 million verdict in a case against Walmart. He broke his hip while shopping for watermelons displayed on a pallet. Many other customers had gotten their feet stuck in the wooden pallet leading up to the unfortunate fall leading to the man’s broken hip. 

Florida Jury Awards Judith Demeritt $2 Million for Serious Injuries

Judy Demeritt slipped and fell because a large amount of condensation had built up around a dairy cooler at a Florida Walmart. After a seven-day trial, the jury awarded Judy $2 million in compensation for her injuries, finding Walmart 100% at fault. 

Jessica Amador Receives $900,000 for Serious Injuries Sustained in a Bathroom Slip and Fall in a Walmart

A jury found another Florida Walmart at fault for the injuries Jessica sustained when she fell near the entrance of a bathroom. Evidence revealed that Walmart and the store manager had multiple opportunities to help Jessica after her fall but did nothing. This likely contributed to the jury’s award of damages in her favor. 

What Compensation Can I Receive for My Slip and Fall in Walmart?

It’s common to ask what compensation can you receive for your slip and fall in Walmart. With those examples as our backdrop, let’s go over the types of compensation you might receive in a typical slip-and-fall settlement. 

There are two broad types of damage awards: economic and noneconomic damages. Economic damages compensate you for the financial loss of the injury or accident. Such losses include past and future medical bills, lost wages, or prescription costs.

In contrast, non-economic damages compensate you for the human cost of the accident. These injuries aren’t as easily identifiable but are just as real. Included in this category are pain and suffering and mental distress. 

Law Office of Aaron Herbert: Fighting for Texans Since 2010

If you or your loved one suffered a slip and fall in Walmart, contact our office today by calling 214-200-4878 to schedule your free consultation. 

Our office seeks to obtain fair slip and fall Walmart settlements by fiercely negotiating on behalf of our clients. We will make sure that greedy insurance companies don’t walk over injury victims in their hour of need. If Walmart refuses to budge, our board certified slip and fall lawyers aren’t afraid to take the fight to court.

Posted by Aaron Herbert at 11:42 am