Month: September 2024

Houston Truck Accident Lawyers

Friday, September 27, 2024

A truck driver crashes their vehicle into your car, and you suffer an injury. Or a family member is killed as a result of a negligent trucker’s actions. In these instances and others where you or members of your family get hurt or killed, seek legal help. Partner with Houston truck accident lawyers who put your health, well-being, and safety front and center. 

The Law Firm of Aaron A. Herbert, P.C. offers legal services and support in Houston, TX. Let our Houston personal injury attorney review your truck accident case. Contact us today to get started. 

Truck Laws

A truck accident lawyer can teach you about federal and state regulations. If a truck driver or their employer violates these, they can be held financially responsible for an accident. Here are laws that could impact your case.

Hours of Service (HOS)

The Federal Motor Carrier Safety Administration (FMCSA) has hours of service (HOS) requirements. These limit the amount of time that a trucker is allowed to spend driving their vehicle. They help protect against fatigue and exhaustion that can contribute to accidents. 

Size and Weight Restrictions

According to the Texas Department of Motor Vehicles (DMV), a truck’s gross weight cannot exceed 80,000 lbs on state highways. Also, there are height, length, and width limits for trucks traveling on highways. If a driver is operating a truck that does not comply with these restrictions, they could cause an accident that leads to injuries and fatalities. 

Commercial Driver License (CDL)

To legally operate a truck, an individual must have a valid commercial driver’s license. This confirms a trucker has the specialized skills required to drive a large vehicle. A CDL also verifies that a truck driver understands the rules of the road. 

Along with these, truck companies can require their drivers to complete pre-employment drug and alcohol tests and other pre-employment screenings. These tests are not legally obligated. However, they help ensure that a truck company is hiring a driver who is well-equipped to travel safely. 

Truck companies may also continue to assess their drivers’ skills and knowledge after they hire them. They can perform random drug and alcohol tests and other tests. If a driver fails these tests but is still allowed to get behind the wheel, they could put other motorists and pedestrians in danger. Even worse, they could cause an accident, and this individual and their employer may be liable. 

Who Is Responsible for a Truck Accident?

Truck accident lawyers will review the facts of an accident to determine who is at fault. In many instances, a trucker or their employer is responsible. Other possible at-fault parties include:

  • Cargo loader
  • Government entity
  • Mechanic
  • Safety inspector 
  • Truck manufacturer

To identify any liable parties, consult with a truck accident attorney. For example, a Texas highway accident lawyer can find out how your crash happened. They will consider who was involved and other factors. They can determine who is at fault and help you seek damages.

Damages You Can Request in a Truck Accident Lawsuit

Truck accident attorneys may encourage their clients to pursue economic and non-economic damages. You could receive both types of damages depending on the losses you have incurred in your accident. Here are the damages you may recover. 

Medical Bills

You suffer an injury that requires extensive treatment. On top of that, these treatments are expensive. A Houston truck accident lawyer can add up your medical bills. They will account for your current and future medical expenses, making sure you request damages that serve you well now and in the future. 

Pain and Suffering

Houston truck accident attorneys understand the challenges that come with calculating pain and suffering damages. They may ask you questions to understand just how much your accident has affected your emotional and mental well-being. This can give an attorney insights to help them determine what is reasonable compensation for pain and suffering. 

Lost Income

You lose money since you cannot work due to injury. Houston truck accident attorneys consider your lost income carefully. If your injury prevents you from working for days or weeks, your lawyer will make sure you request compensation for these losses. Alternatively, if you suffer a permanent disability, your attorney may ask for damages that cover you for the rest of your life.

Car Repairs or Replacement

If your car is damaged, get legal help. A Houston car accident lawyer can review your auto repair costs, rental car expenses, and similar charges you incur after a truck driver slams their vehicle into yours. They can request compensation to cover the costs of repairing or replacing your car. 

Loss of Enjoyment

Following your truck accident, you may not be able to enjoy your life the same way you did in the past. For instance, you are involved in a sideswipe accident with a truck. The incident is emotionally taxing, and you are no longer comfortable driving your car. At this point, ask a Texas sideswipe accident lawyer for help. They can pursue damages for loss of enjoyment and similar losses for you. 

Trucking accident lawyers treat each case as an opportunity to get damages for their clients. To secure damages, you will have to provide a body of evidence to support your argument. You will also have to submit your claim for compensation in accordance with the statute of limitations. 

How Much Time You Have to File a Truck Accident Lawsuit

Per Texas Civil Practice & Remedies Code section 16.003, there is a statute of limitations of two years for personal injury lawsuits. If you are involved in a truck accident, pursue damages right away. After two years, you may be ineligible to ask for damages from any liable parties. 

A trucking accident lawyer can take a look at your case within days of your accident. When they do, they can explain your legal options to you. They may help you ask a liable party’s insurance company for compensation. 

Insurance Requirements for Motorists and Truckers

You are responsible for shopping for auto insurance and buying a policy before you operate a car in Texas. It is against the law to drive a car without insurance coverage. Much in the same way, there are insurance requirements for trucks on roads in Texas and across the United States. 

FMCSA has insurance filing requirements. If a trucker or their employer is uninsured, the financial consequences of their actions can be severe. Because if a truck driver causes an accident in which they are at fault, this individual or their employer may have to cover any crash-related losses on their own. 

How a Truck Accident Insurance Claim Works

A trucking accident attorney can explain the insurance claims process in detail. After your accident, you can report the incident to your insurer. When you do, your insurer can reach out to the other party’s insurance provider. Together, both insurance companies can investigate your accident and determine who is at fault. 

Trucking accident attorneys understand what can happen throughout the claims process. Even if you are in no way at fault for your accident, a liable trucker, their employer, or another liable party can claim you are responsible. In this situation, an insurance company may dispute your claim. 

There is also the chance that a liable party’s insurance company will offer you a lowball settlement. If you approve this proposal, you settle for less than what your case is actually worth. As a result, you may have to cover some or most of your accident-related losses out of your own pocket. 

Semi-truck accident lawyers can help you negotiate with an insurance company. Throughout your litigation, they will keep you updated about these negotiations. If you get a settlement offer, you can review it with your attorney. On the other hand, if no settlement is reached, you can bring your case to trial. 

How a Truck Accident Lawsuit Works

A semi-truck accident lawyer can discuss all that a personal injury lawsuit entails. You may have to move forward with a lawsuit if a liable party does not offer you a fair settlement. It can also be a good idea to submit a lawsuit if an at-fault party is uninsured or underinsured. 

As an example, a truck driver causes your accident but does not have any insurance coverage. In this scenario, a Texas uninsured vehicle accident attorney can help. Your lawyer can help you request damages directly from the liable trucker. They can build a case designed to help you secure maximum compensation. 

In a lawsuit, you submit your request for damages and wait for a trial. As you get ready for your trial, a semi-truck accident attorney can pursue a settlement. Semi-truck accident attorneys keep the lines of communication open. If the defendant or their attorney proposes a settlement, your attorney will let you know. 

If your case goes to trial, your attorney presents evidence and argues on your behalf. In the best-case scenario, your case is clear. A judge or jury agrees that you deserve damages. As such, you get 100% of the damages you initially requested. 

Evidence You Can Use in a Truck Accident Lawsuit

18-wheeler accident lawyers understand the value of evidence. Your proof can compel a judge or jury to rule in your favor. There are many pieces of evidence you can use in your lawsuit, including:

  • Accident scene photos and videos
  • Black box data
  • Cell phone records
  • Police report
  • Truck company records
  • Witness statements

Your 18-wheeler accident lawyer can help you gather evidence. If you have a strong body of proof, the defendant in your lawsuit may have concerns. These could lead the defendant to propose a settlement that lines up with your expectations. 

Proving Negligence in Your Lawsuit

An 18-wheeler accident attorney can help you prove that the defendant in your case is fully responsible for your crash. You are responsible for showing a liable party was negligent. If you cannot, this party may only be required to pay a portion of the damages you request or none at all. 

In truck crash lawsuits, 18-wheeler accident attorneys look for ways to prove the following elements of negligence were present at the time of the incident:

  • Duty of Care: This refers to a legal requirement in which a truck driver, their employer, or another party is expected to avoid acts that could put you and others in danger.
  • Breach of Duty of Care: When a party violates their duty of care, they put you and others at risk. 
  • Causation: Due to a party’s actions, you are involved in a truck accident. 
  • Damages: The accident leaves you with quantifiable or subjective losses. 

How you prove negligence depends on your case. To understand this, consider an example involving a trucker who drives faster than the posted speed limit and crashes their vehicle into the rear of your car. 

In this example, hiring a Texas rear-end accident attorney can make a world of difference. Your lawyer can collect evidence and craft an argument to show that the trucker was negligent. If they are successful, you will get damages you can use to fix your car and cover other accident-related losses. 

How Comparative Negligence Applies to Your Case

Texas has a proportionate responsibility statute in effect. Based on this, you can be partly at fault in a truck accident. Your percentage of fault determines if you can still recover damages. If you are 1-50% liable, the damages you can receive can be reduced by your percentage of fault. In a situation where you are primarily liable, you may not be able to get damages. 

Consider what can happen if you are 20% liable for your truck accident. In this case, a judge or jury says the defendant in your case is 80% at fault. Therefore, the defendant may have to pay 80% of your damages. 

Now, look at what can occur if you are 51% at fault for your trucking accident. You are more to blame for the incident than the other party. Thus, a judge or jury may require you to take full responsibility for your accident-related losses.

Tractor-trailer accident lawyers understand comparative negligence and how it can affect your damages. They can help you prepare a case that shows you are not liable for your accident. Your attorney will also consider ways to dispute the defendant’s claims against you. 

Truck Accident Wrongful Death Lawsuit

A family member dies in a truck accident, and you and your family are devastated. The incident is the result of someone else’s negligence. You have no idea what to do next, as the emotional trauma that comes with the loss of your loved one feels overwhelming. 

If a family member is killed in a truck accident, it is difficult to plan for the future. Fortunately, if you work with a Texas wrongful death lawyer, you may be able to ask for damages from anyone responsible for the incident.  

Texas has laws in place relating to wrongful death claims. You may sue a liable party if you are a surviving family member or personal representative of a deceased person (decedent). If you choose to file a claim, you have up to two years from the date of a person’s death to do so. 

Tips for Truck Accident Lawsuits

When in doubt about how to deal with the aftermath of a truck accident, request help from a tractor-trailer accident lawyer. This gives you access to an attorney who advocates for you and protects your legal rights. Your attorney may provide tips to help you throughout your litigation, such as:

Avoid Posting Content on Social Media

Tractor-trailer accident attorneys often recommend staying off social media. If you publish content about your accident on X, Facebook, and other social media platforms, it can be used against you. Instead, share accident updates through phone and video calls, emails, and text messages. 

Collect Evidence

Just because you say someone caused your accident does not mean a judge or jury will agree with you. It is in your best interests to gather an abundance of evidence to show that your request for damages is valid. Your tractor-trailer accident attorney can help you collect proof and use it to build a compelling case to present in court. 

Let Your Big Rig Accident Lawyer Handle Your Settlement Negotiations

Big rig accident lawyers understand that a liable party or their insurance company may reach out to you after you file your lawsuit. If this happens, do not speak about your case. Notify your attorney, and they can discuss your case on your behalf. 

Share Your Legal Concerns and Questions with Your Big Rig Accident Attorney

The legal process can be long and arduous, and you may have concerns and questions along the way. Thankfully, big rig accident attorneys will help you out. Stay in touch with your attorney as your litigation moves forward, and they will continue to do everything they can to assist you. 

In addition to these things, it is beneficial to partner with an attorney who has received many positive client testimonials. Read through testimonials to find out what it is like to work with a lawyer. If you believe an attorney has what it takes to represent you, meet with them to discuss your case. 

Get Legal Help with Your Houston Truck Accident Lawsuit

If you want legal help with your Houston trucking accident lawsuit, The Law Firm of Aaron A. Herbert, P.C. is here for you. We will give your case the attention it deserves, working with you every step of the way. To request a free consultation, contact us today. 

Posted by Aaron Herbert at 11:28 am

Houston Personal Injury Lawyers

Friday, September 27, 2024

Negligent actions lead to accidents every day. While some may be minor, others can be severe and upend the lives of those they affect. These types of accidents can be traumatic, overwhelming, and have long-term repercussions. They can also cause excessive financial burdens that may be difficult or impossible to sustain. With the help and compassion of a Texas personal injury lawyer, you can have the chance to get justice and seek compensation for the wrongs committed against you.

The team of personal injury lawyers at The Law Firm of Aaron A. Herbert, P.C. provides you with personalized attention and fight to protect your rights from start to finish. Our personal injury law firm has decades of experience and a proven track record of results to get you the best outcome possible. With our team, you can have the peace of mind that your case is in excellent hands. Providing you with the resources you need to recover is our top priority. 

Types of Personal Injury Cases

Personal injury accidents occur when another party acts negligently and brings harm to another person. Personal injuries can be the result of either a direct action or lack of action and are often preventable with proper care.

According to the National Safety Council, there were 227,039 preventable, injury-related deaths in the most recently reported year and nearly 25 million preventable injuries. The top three causes of accident injuries were poison, vehicle accidents, and falls. 

With so many types of personal injury accidents, an injury attorney experienced with the nuances of each type of accident is an asset for navigating the complexities of the legal system. Some common types of personal injury cases injury attorneys can help with include:

Each type of personal injury accident comes with its own unique set of legal considerations. An experienced Houston personal injury lawyer can navigate and adapt to the requirements that each type of case presents and can provide skillful representation tailored to your situation. They have a thorough knowledge of all applicable laws that govern the various types of cases and can remove any confusion you have about what actions to take. Houston injury lawyers give you the confidence you need to pursue your claim. 

Common Injuries in a Personal Injury Case

With a wide variety of personal injury accidents, injuries can range from minor to severe and sometimes even lead to death. Each set of injuries can vary depending on the level of impact and other circumstances surrounding an accident. Some common types of injuries include:

  • Whiplash
  • Lacerations
  • Broken and fractured bones
  • Sprains and strains
  • Head injuries
  • Neck injuries
  • Spine injuries
  • Internal injuries
  • Disabilities 
  • Paralysis
  • Tissue and nerve damage
  • Psychological trauma
  • PTSD
  • Emotional distress
  • Burns
  • Wrongful death

Injuries can cause significant disruptions to your life, depending on how serious they are. They may limit or prevent you from being able to work and earn a normal income. The initial medical bills or extended treatment costs may also be exorbitant and add financial strain to you and your family. This is where a Houston law firm that practices personal injury law can be very beneficial. They can thoroughly assess your injuries and expenses to get you the compensation you need during a very difficult time. 

The Importance of Personal Injury Scales

When it comes to assessing injuries, assigning an injury scale can be helpful for medical teams, insurance companies, and Houston personal injury attorneys to estimate the extent of an individual’s injuries and pain. Understanding how injury scales aid board certified personal injury lawyers and insurance adjusters in assessing accidents can shed light on the claim process. 

There are three injury scales commonly applied to accident victims. The first is the Glasgow Coma Scale used to estimate the victim’s level of consciousness and neurological activity when they have head injuries. The next one is the Abbreviated Injury Scale used to determine how severe an individual’s injuries are. Finally, the Visual Analog Scale is used by victims to rate their level of pain after they have been injured. 

By having set injury scales, personal injury law firms, and insurance adjusters have common and objective terms and methods by which to establish and speak about injury levels. These scales help Houston attorneys assess client injuries so they can present sound evidence and get fair compensation that is commensurate with the level of injury. They can also help insurance adjusters make an evaluation to determine how much compensation is needed given the level of injury sustained. 

Steps to Take After a Personal Injury Accident in Houston, TX

Taking the right steps after a personal injury accident can make a difference in the outcome of your insurance or legal claim. Not only can it impact your claim for compensation, but knowing which steps to take can reduce the overwhelmed you may feel after an accident.

First and foremost, seek medical attention for any injuries you might have sustained. You should also initially assess and then get medical attention for any other parties that are involved in the accident. Even if injuries are not visible, you should still have a medical professional examine you to make sure you do not have any serious injuries lurking beneath the surface. 

Filing a police report should be the next step you take after ensuring your safety. A police report is an official record of all the details of the event, any relevant evidence, and statements from witnesses. While law enforcement will gather all information and evidence, it is also a good idea to take your own photos and videos of the scene and even get witness statements if you can. You will need all of the evidence and documentation later when you file claims. 

Following the accident, you will need to report the event to your insurance company. If you are seeking compensation, you will also want to file a claim with the offending party’s insurance company. They are liable to pay for any amount of damages that they are found responsible for causing. 

The final step to take after an accident is to hire a Houston personal injury law firm to represent you. Whether an insurance company is trying to offer you little to no money, the other party is trying to avoid payment, or you just want to reduce your stress level, a personal injury lawyer can handle all of it. They can take care of all of the negotiating and paperwork for you, so you do not have to give it a second thought. A lawyer is often your best chance at fair compensation to cover your losses. 

Establishing Negligence in a Personal Injury Case in Texas

Establishing negligence is the primary component in a personal injury case. Because negligent actions were likely the cause of the accident and led to your injuries, a direct correlation between those actions and the results must be established and verified in order to receive compensation. Your lawyer will work diligently to gather evidence to demonstrate negligence and support your claim.

In Texas, personal injury cases are governed by modified comparative fault laws as outlined in Civil Practice and Remedies Code Chapter 33. According to the statute, the level of involvement each party has in contributing to the accident is reviewed, and a percentage is assigned to represent their contribution to the accident’s cause. Once assigned, the percentage of fault dictates what options are available to each person. An individual may recover damages for their injuries if they caused less than 50% of the accident. However, their compensation is reduced by the percentage of fault they are responsible for. For individuals who are 50% or more responsible for the accident, they are not allowed to collect any damages, even if they are injured. 

Statute of Limitations

When considering making a personal injury claim for your injuries, it is important to be mindful of how long it has been since the accident occurred. In Texas, a person typically has two years in which they can make a claim for compensation, according to Civil Practice and Remedies Code Chapter 16. Once this time frame expires, an individual no longer has any rights to bring forth a case. 

When an injury lawyer reviews your case, they will be able to assess if you are within the statute of limitation for filing a claim and determine how to move forward with your case. While you have two years to file a claim, it is advised to file personal injury claims sooner rather than later. Filing soon after the accident not only ensures you are within the statute of limitations but it also makes a stronger case with fresh evidence. Additionally, insurance companies often want to settle quickly, and if you accept an offer early on, you may not be able to file a claim at a later date. 

What Damages Can Be Recovered in a Personal Injury Case

After an accident, compensation is a priority to ensure proper medical treatment, recovery resources, and property damage repairs. These steep costs can quickly add up and be prohibitive without enough financial assistance. Personal injury damages are designed to compensate you for your losses so you can get back to a state of wholeness as much as possible. An individual can often receive one or more of the following types of damages: economic damages, non-economic damages, and punitive damages. 

An individual can recover their monetary expenses through economic damages. Economic damages calculate the value of expenses such as medical bills, damaged property, and the cost of treatment for injuries. This type of compensation seeks to repair the financial damage that was done and help individuals get back to the state they were in prior to the accident as much as possible. 

Non-economic damages are another type of compensation an individual may recover. Non-economic damages compensate a person for any emotional distress, pain and suffering, loss of enjoyment, or loss of consortium they may have experienced and now face in their lives.

Punitive damages may be awarded in some cases. This type of damage is used in situations where the negligent party’s actions were detrimental, and the punitive damages they are required to pay are designed as a punishment and deterrent. 

The Advantages of Legal Representation in Houston, TX

When you hire Houston personal injury lawyers, you can rest assured that you are receiving experienced legal counsel from injury lawyers who are adept at fighting for justice. They will review and investigate your case thoroughly to validate and support your claim. They will also be able to assess your options based on your situation and craft a strategy that is customized to the specifics of your case.

Allowing a lawyer to speak on your behalf is one of the biggest advantages you receive when working with a lawyer. With their extensive knowledge, they can negotiate with insurance companies, experts, and other relevant parties to reduce your stress and get you the best results possible. With representation from an injury law firm in Houston, TX, you also have an advocate who will protect your rights. They know how to speak up for you in a manner that will not hurt your claim or prevent you from losing compensation. 

Additionally, a personal injury attorney will also gather evidence for your case, complete and file all appropriate paperwork, and handle all settlement negotiations in or out of court. Their vast skills can provide you with the representation that you need to win your case. With the help of a lawyer, you do not have to handle this difficult situation alone and can have the peace of mind that your accident and injuries are receiving the best service so you can focus on your recovery. 

How Much Does a Personal Injury Lawyer Charge

Lawyers can use a variety of billing methods to receive payment from clients. Billing hourly is a common approach where lawyers charge by the service hour and clients pay for the amount of time a lawyer spends on their case. A flat fee can be charged for a specific set of services from the outset. Contingency fees are yet another model, and allow clients to not pay for legal services unless a lawyer wins their case. 

At The Law Firm of Aaron A. Herbert, our personal injury attorneys operate on a contingency fee basis. With a contingency fee model, our clients can get the representation and justice they need without having to worry about costs upfront. Payment is only taken if we win your case and you receive compensation. 

The Benefits of Board Certification

Houston injury lawyer Aaron A. Herbert is one of less than 2% of board-certified attorneys in the state. With the power of board certification, he and his firm can provide a higher level of service, specialization, and representation to clients. With board certification, a Houston attorney can win clients higher settlements and has an enhanced proven track record of success. 

When injury law firms possess a board certification, it is a testament to their legal knowledge and extensive qualifications, as becoming board-certified is an optional and comprehensive process. As part of the process to receive certification, lawyers receive additional education to increase their skills and depth of knowledge. They must also meet a strict set of requirements, including a number of years practicing law. 

Houston personal injury law firms that have attained board certification from a national accrediting body can offer a number of benefits to their clients. Clients can trust that their case is being handled by skilled lawyers who have established that they can win personal injury cases and get fair compensation for clients. They are also adept at navigating the legal system and complexities that come with each type of personal injury case. 

Board certification also lends an added level of credibility to Houston law firms who have earned this distinguished designation. Insurance companies and anyone on the opposing side of a case knows that the board certified attorney is highly-skilled and is more likely to comply with requests. Insurance companies, for example, may provide a higher settlement offer, and other lawyers may offer better settlement offers and terms over the course of a case. 

Hire a Board Certified Personal Injury Lawyer 

Personal injury accidents can be an overwhelming time for you and your family as you navigate injuries, financial pressures, and insurance companies. The Law Firm of Aaron A Herbert, P.C. is dedicated to taking this stress off your shoulders by representing you and negotiating with insurance companies on your behalf. Our team of experienced personal injury lawyers is compassionate and experienced in getting you maximum results. Call a Houston personal injury attorney today at (817) 904-4994 or visit us online for a free consultation and let our team represent your best interests.

Posted by Aaron Herbert at 11:10 am

Dallas Dog Bite Lawyers

Friday, September 27, 2024

It takes just a moment for a dog to change the course of a person’s life. A single bite can mean serious injuries, including physical and emotional loss. If you were hurt due to a dog bite or attack, it is critical to seek legal guidance from an attorney who can guide and support you throughout the process.

At The Law Firm of Aaron A. Herbert, P.C., you can count on our Dallas dog bite lawyers to provide you with comprehensive legal support at every step of the process. As experienced and proven attorneys with years of experience helping victims recover damages owed to them, you can trust our team to be there for you as well.

Set up a free consultation with our Dallas County personal injury lawyer now. If our dog bite lawyer does not win your case, you pay no attorney fees to us.

Dog Bites Can Create Serious Injury and Loss to Victims

By working with an animal attack lawyer in Dallas, TX, you gain the confidence you need to navigate the legal process. It is far more than just completing a claim and expecting the insurance company to pay you fairly for the losses. Rather, you need exceptional legal guidance to help you maximize your claim and hold those who hurt you accountable.

Consider the risks to you and your child. According to Texas Health and Human Services, an estimated 4.7 million people are bitten by dogs each year, and about 800,000 of them receive medical attention. The most likely victim is a child who may struggle to defend against a dog that is nearly their own size. No matter the situation, your priority is to get medical care, report the claim to the police, and then contact our dog bite attorneys in Dallas, TX, for immediate legal guidance.

Consider that, according to the USPS, Dallas is #3 on the list of the most common areas in Texas for dog bite attacks. They reported that, in 2022, 44 such incidents took place, many of which required medical care to be sought by postal service workers. When you are the victim, you deserve legal support to navigate the rights to compensation that is owed to you.

Determining Fault in a Dog Bite Case

One of the first steps in seeking compensation for the losses you have in a dog bite case is to determine who is at fault. To be guilty of negligence, the dog’s owner must keep other people safe from the dog. Texas is also a one-bite rule state. That means that there is no warning process. The owner of the dog is responsible for the actions of their pet, even if they have never bitten anyone before or shown aggressiveness to others.

A victim must prove that dog bite negligence occurred, which means showing that the dog’s owner was responsible for what occurred. The dog owner has full responsibility to provide reasonable care for the dog and others, minimizing the risks of any losses. If the dog does hurt someone, the dog’s owner may be responsible for any medical damages or other losses suffered by the victim.

To prove negligence in a dog bite case, you must prove the following occurred:

  • The dog’s owner had a duty of care. This is likely to occur as long as you have the right to be on the property. If you were trespassing, it may be harder to prove negligence.
  • The dog’s owner breached that duty of care. Note that even if a dog is on a leash, if that dog bites you, the owner may still be responsible for the injuries incurred.
  • The dog owner’s breach of that duty of care led to the victim suffering injury.
  • Your injury from that breach caused you serious harm and loss.

Consider a few examples of when a dog owner may be negligent:

  • The dog ran away from the home and attacked you on your property.
  • You visited the home after being welcomed by the homeowner, and the dog bit you while you were there.
  • You visited the home without an invitation but without warning and for a valid reason. You may have been dropping off the mail delivered to your house, for example.
  • You were in a public area, and the dog bit you without any provocation from you.
  • A child suffers a dog bite after reaching for the pet at a playground.

On the other hand, if you can be shown to have provoked the dog in any way, that can make it more challenging to prove that the owner is negligent. For example, if there is a no trespassing sign and you are attacked after you visit that property, the owner’s negligence may be limited. If you were testing the neighbor’s dog over the fence, and the dog bites you as a result, that is not the owner’s fault in many cases.

The complexity of proving your case is one of the most important reasons to turn to a Dallas dog bite lawyer for legal guidance. You cannot assume that the bite is enough to obtain compensation for your losses. Insurance companies will work to disprove your right to damages in any way they can. That makes working with a Dallas animal attack lawyer a critical step for many victims.

What Your Dog Bite Claim May Be Worth

When a dog owner suffers injury from a dog bite, it is often the case that their homeowner’s insurance will cover the claim the victim makes if the owner has insurance. Most renter’s insurance policies also cover this type of loss. Many policies have liability limits up to $100,000 to $300,000, though that can range dramatically.

Key to this process is being able to demonstrate the losses you have and making it clear how this dog bite impacted your health and well-being as a result. Data from the Insurance Information Institute states that, in 2023, the average cost per dog bite claim was $58,545. The value of that claim is dependent on the specific losses you suffered. Here are some examples.

Medical Expenses

Your medical expenses for the dog bite treatment may be included in your claim. This may include medical expenses related to emergency treatment, ongoing care, reconstructive surgery, and complications you have. An artificial limb might also be covered if you suffered an amputation as a result of the dog bite attack.

Lost Time at Work

If you were hurt and unable to work for a period of time, you may be able to file a claim for lost time at work. This may compensate you for losses related to missing work and any benefits not paid to you as a result.

Non-Economic Losses

Non-economic losses in a dog bite case may include, but are not limited to:

  • Loss of ability to earn a living
  • Pain and suffering
  • Mental anguish
  • Disfigurement
  • Diminished quality of life
  • Diminished earning capacity
  • Loss of consortium

Your dog bite attorney in Dallas, TX, will evaluate all aspects of your injury and ongoing care that you may need. The attorney will help you calculate all losses based on the evidence you have, as well as other cases like your own.

Do Not Overlook the Long Term Implications

Dog bites are not simple injuries. For many people, they create long-term complications to health and mental health. You may be owed compensation for any of those losses. For example, you may suffer post-traumatic stress disorder from the trauma of the dog attack. This may require months, if not years, of therapy to help you move forward with your life.

Others suffer catastrophic losses. If you were bitten, fell, and hit your head, you may have a traumatic brain injury that requires ongoing support and may not improve. Spinal cord injuries may lead to paralysis. The loss of vision and hearing could also be a factor in some situations. Be sure to review our testimonials to learn how we can help you.

The Insurance Company Will Try to Minimize Your Claim

One of the most important factors to keep in mind as you navigate your legal claim is that insurance companies will do anything they can to reduce the amount of compensation paid out. With the help of your animal attack attorney in Dallas, you will be able to gather evidence to verify your losses. Some examples of that evidence include:

  • Witness statements
  • Your own statement about what occurred
  • Photos or videos of what occurred
  • Photos and videos of the injury and aftermath
  • Police reports and statements
  • Accident recreationists work to show what occurred
  • Medical experts to demonstrate what happened to you
  • Expert testimony to document your injuries, pain, and long-term losses resulting from the accident.

With the guidance of a Dallas dog bite attorney, you gain more information about what all of your rights to compensation may be. That includes evaluating the various ways this injury is going to impact you in the future. Do not settle your case with the insurance company until you speak to an attorney first. Learn how our personal injury attorneys maximize settlement offers.

Dog Bite Laws in Texas

Texas has a robust number of laws related to dog bites and attacks. Whether you are the owner of a dog or the victim of an injury, it can help to review these laws to learn how they impact your well-being.

Texas Health and Safety Code

Under the Texas Health and Safety Code, there are rules related to attacks by a dog, dangerous dog requirements, and attacks by dangerous dogs. Here are some key points to keep in mind:

  • The dog had never bitten anyone before: In this situation, the dog owner had no reason to believe the dog was dangerous. To receive damages in this case, you must prove negligence occurred.
  • The dog was considered dangerous in some way: In this situation, if the dog owner knew the dog to be dangerous on any level and did not do anything about it, the owner is strictly liable for any injury caused. In this situation, you do not have to prove negligence.

When a dog owner is found to be liable for the injuries caused to the victim, but the owner does not know there is a risk, as long as the victim is at least 50% responsible, you can recover damages. More so, criminal charges may apply in situations where the dog was previously deemed to be dangerous. This could include a felony in the third degree, imprisonment for up to 10 years, and fines of up to $10,000.

How Can a Dog Bite Attorney Help You in Dallas?

When you are the victim of an injury like this, working with a Dallas animal attack attorney is critical. Your attorney’s responsibility will be to provide you with insight into what your legal rights are and what steps you can take. Consider these ways in which your dog bite lawyer in Dallas can help you.

Determine Fault

In situations where there is any potential belief that you are at fault or partially at fault for the dog bite, your attorney will work to disprove this. Though it is not always possible, your attorney will guide you in gathering any evidence to prove that you were not at fault. More so, your lawyer will also determine if the owner is strictly responsible or negligent.

Evaluate Your Losses

Your dog bite attorney will determine what all of your losses are. They will gather medical documentation, speak to experts, and calculate both existing and future losses related to your incident.

File a Claim

In many situations, your dog bite attorney in Dallas will file a claim with the insurance company on your behalf and then negotiate with them. In some situations, the insurance company will push back and try to require medical details or additional evaluations of your health and losses. Having an attorney to handle those questions is a critical step in protecting your right to compensation.

Seek Out a Lawsuit

In situations where the insurance company will not settle your case fairly, the attorney will then file a lawsuit with the court. Just taking this action requires that the insurance company take your claim seriously and conduct discovery. They may need to speak to you about your case, gather additional evidence from other sources, and make a decision about what they wish to do. Many times, after verifying evidence and seeing the level of clarity in the losses we present, the insurance company settles at this time.

Go to Trial

It is not common for a dog bite case to go to trial. Insurance companies often settle the case before it goes to this step. However, our attorneys have exceptional experience as trial lawyers. That works in your favor as you seek out additional actions.

Why Trust Our Law Firm with Your Dog Bite Case

Our Board-Certified personal injury attorneys in Dallas know what it feels like to have an insurance company tell you that they will not pay for the losses you know they owe you. With decades of experience, you can expect our dog bite lawyers to fight for you, providing you with clarity on all of your legal rights while also working to minimize any delays in the process.

Our attorneys have experience not only in fighting large insurance companies successfully, but also providing outstanding, compassionate legal care and support to our clients. We care about your outcome and fight for you.

There are many reasons to hire our attorneys for your dog bite case:

  • We get results. Our clients have recovered millions of dollars in losses in their cases because our attorneys are passionate about fighting for them.
  • Proven experience in the area. Read through our testimonials to see just how hard we work for our clients. Our team would be happy to answer any of your questions.
  • Proven trial attorneys. When you have to go to court, you need to know the attorney you hire is going to fight for you fairly and fully.

Hiring a dog bite lawyer can seem like a challenge. Yet, there is no risk in doing so. We encourage you to set up a free consultation to discuss your case with our Dallas dog bite lawyer now. When you do, you will learn what your case may be worth and the legal steps you need to take now to protect your future.

If You Do Not Win, You Owe Us Nothing

The Law Firm of Aaron A. Herbert, P.C., does not take your case lightly. We fight hard to ensure you recover the damages owed to you. If, for any reason, you do not recover damages or win your case, our Dallas dog bite attorney’s services are of no charge to you. You owe us nothing if we do not win your case for you. Expect us to work hard to provide you with the best possible legal representation.

Set Up a Free Consultation with an Animal Attack Lawyer Today

Take the first step in getting answers about your case. Schedule a free consultation with our Dallas dog bite lawyers now. Let us answer your questions and put you on the path to maximizing your compensation claim. Call our team now for a consultation. Remember, you pay no fees unless you recover.

Posted by Aaron Herbert at 10:47 am

Houston Car Accident Lawyers

Friday, September 27, 2024

Houston is a busy area. There always seems to be something going on, which means people are always on the roads making negligent decisions. When this happens, the results can be disastrous. If you have been injured in a car accident because of someone else’s reckless behavior, you may be entitled to compensation for your time, injury, and inconvenience. Working with a Houston personal injury lawyer may help you recover the compensation you need to get back to your life. 

The Law Firm of Aaron A. Herbert PC, the injury attorney of Texas, understands that recovering from a car accident can put you in an incredibly vulnerable position. You may be struggling to keep up financially, unable to work because of your injuries, or worried about how you will pay building medical bills. Our Houston car accident lawyer is here to help you through the legal process. 

What Does a Car Accident Lawyer Do?

There are countless moving parts after a car accident. You may be speaking with doctors, rental car agencies or dealerships, insurance adjusters, and possibly representatives of the other party’s insurance company. A Houston auto accident lawyer can help you navigate this process most effectively in several ways. 

Investigation

Part of building a strong personal injury or car accident case is performing a thorough investigation into what occurred during an accident. This includes determining what caused it and how it happened. An attorney from our Houston auto accident law firm may collect statements from witnesses, recover medical records and police reports, or review photographs of the scene. 

Identifying All Liable Parties

A favorite technique of insurance companies is to deny the liability of the individual they insure. This makes diligent investigation and skilled interpretation of the data to determine all of the potentially responsible parties a crucial part of any personal injury case. Suppose the insurance company is able to decrease its liability, and the remainder does not fall on you. In that case, it is in your best interest to identify any other parties that can be held responsible for your injuries. 

Communication

One of the most time-consuming tasks our Houston car accident attorney takes on is handling communication regarding anything about your case. Once your lawyer sends a letter of representation to the insurance company, they can no longer contact you directly and must go through your attorney. If you receive calls from them, you can simply tell them they need to contact your attorney and keep a record of the call. 

Many people find great benefits in having someone manage this kind of communication because it relieves time and decreases the chances of you accidentally saying something to damage your case. 

Representation

When you have an attorney, part of their job is to represent you in legal settings. This can include depositions, filing legal paperwork, or attending hearings. While you are generally expected to attend and participate in these, your Houston auto accident attorney is there to handle as much as they can and guide you through anything they cannot do themselves. 

Additionally, if your claim goes to court and is presented to a jury, an attorney can construct your argument and represent you there. 

How do You Know if You Need a Car Accident Lawyer

This can be a complicated answer because you may be fine managing your claim on your own until you are not. Insurance companies look out for their own assets with no concern for yours. This makes you vulnerable to their techniques to reduce the amount they pay out. Additionally, they will always have an attorney to consult with cases when necessary. Some general indicators that it is time to at least consult with an attorney to consider your options are:

  • You were injured in an accident
  • Your property was damaged
  • You had to miss work while recovering from your injuries
  • You feel pressured by the insurance company to quickly commit to a settlement amount that you feel is lower than fair
  • Lingering emotional effects that disrupt your day-to-day
  • If you have any concerns regarding your liability in the accident

Put simply, any time you have an accident, it may benefit you to consult with someone from a Houston car accident firm like the Injury Attorney of Texas. When you contact us for a consultation, we can discuss the details of your case and determine your best option moving forward. 

What to Expect from Your Case

The specific back-and-forth differs for each car accident or personal injury case. However, there are a few steps that you can expect to encounter during your settlement negotiation or lawsuit. 

  • Investigation: During this time, the insurance company and your attorney will investigate. This may include gathering documents like police reports and medical records and taking statements.
  • Determining fault: After reviewing the evidence, the insurance company will determine if their driver was at fault and, if so, how much responsibility they should claim.
  • After fault is determined and the insurance company begins wanting to settle out, it is often advised to ensure your medical treatment has been completed before agreeing to an amount, or you may be able to estimate future costs with your attorney if your injury requires long-term care.
  • Negotiations: After the company determines they are responsible for paying out your claim, settlement negotiations will start.
  • Lawsuit: If the negotiations are not going well and you are unable to agree on a fair settlement amount, you may choose to move forward with filing a lawsuit with the Houston court system.

People often wonder how long their case will take. Though it is just a few steps to get to settlement negotiations, this process can take months or years to complete. However, these negotiations operate within the two-year time limit given by the Texas statute of limitations for personal injury claims. It is not uncommon for insurance companies to draw out the process in an effort to call your bluff and make you feel rushed to settle before the timeline runs out.

What Can Delay Your Case?

One of the most common sources of delay in your case is the insurance company. They may try to require unreasonable documentation or tasks from you while investigating your case or request that you resend certain documents for various reasons. These frivolous delays may increase the pressure to accept a settlement offer before the statute of limitations is up, even if you do not feel the offer is fair. 

Another reason insurance may delay your claim is that they determine they are not responsible for paying it. This may be due to denied liability or even because they do not feel your injuries were as severe as you claim. These strategies are some that an experienced car accident attorney is familiar with and can help you navigate. 

Another common, yet often surprising, reason for delay is medical treatment. Completing treatment before agreeing to a settlement amount is commonly advised. This allows time to most accurately predict any anticipated medical costs and minimize the chances of an unexpected complication that skyrockets your medical bills and makes your settlement amount inadequate.

Why is Negotiation So Important in My Houston Car Accident Case

Before a judge takes your case, negotiation is one of the most critical skills an auto accident lawyer can have. An attorney who is a skilled negotiator can be the difference between the lowball initial offer provided by the insurance company and enough compensation to begin living life again. Some of the skills most valued by The Law Firm of Aaron A. Herbert PC are:

  • Effective communication
  • Building solid relationships with opposing counsel
  • Accurate assessment of the strengths and weaknesses of your case
  • Utilizing leverage 
  • Persisting through challenges

A personal injury attorney who can comfortably develop and utilize this skillset is an attorney who is likely to see more positive outcomes. Our car accident law firm boasts of being as comfortable in front of a judge as we are in settlement negotiations. However, that does not mean we do not endeavor to walk away with a fair settlement offer without taking a case to trial.

Causes of Car Accidents 

Car accidents happen in Texas every day. In recent years, the Texas Department of Transportation reports that an accident occurred once per 57 seconds. This same report shows that nearly 245,000 people were injured in car accidents. While TDOT reports that bridge collapses did not cause any fatalities in Texas for the last reporting year, some of the behaviors and conditions that did cause accidents include:

  • Distracted driving
  • Drugs or alcohol
  • Speeding
  • Failure to yield 
  • Failing to check the blind spot
  • Aggressive driving
  • Poor road conditions
  • Poor visibility
  • Negligent maintenance

The specifics of each case can vary. If someone is distracted, it could mean they were conversing, trying to wrangle their loose pet in the vehicle, or responding to an e-mail. Thankfully, the reason hardly matters unless the reason points to a third party. Some examples of this may be if maintenance was recently done and the mechanic made an error that caused a break malfunction. Third-party liability may also be a situation in which the city landscaping has failed to trim a bush that blocks the path from view, preventing cars from safely turning.

Understanding Proportionate Liability

Texas operates on a proportionate liability or modified comparative negligence structure for personal injury cases. In a Houston car accident, this means that you may claim damages proportionate to liability as long as you are found to be 50% or less responsible. This is good news in that it allows you to recover compensation for injuries, even if you were partially at fault. However, that also means that you will lose compensation if you are considered to have contributed to your accident and may lose the ability to collect compensation altogether if you are considered 51% responsible. 

An example of when this may come into play is if someone fails to yield appropriately for a left turn and hits you, but you are speeding. Both parties violated the law and were responsible for the injuries. In a situation like this, it may be argued that the accident would not have happened if the other person had yielded appropriately or if you had been driving the speed limit, creating a messy apportioning of liability. 

In cases where you may have heavily contributed to your own injuries, it is crucial to remember that the difference in compensation can be dependent upon a percentage or two. An auto accident attorney may make the difference in those percentages, allowing you to claim compensation. 

Steps to Take After a Houston Car Accident

In the immediate aftermath of an accident, it is not uncommon to feel disoriented and unsure of what to do. A helpful way to consider the appropriate action is to consider what you may need when navigating a personal injury claim. A few steps that may make your case easier to manage down the road include:

  • Call 911: This can ensure that EMS is sent out and can evaluate any injuries on the scene. Additionally, the call will generally summon a police officer to the scene who will create an accident or crash report, which is required in accidents that result in property damage in excess of $1,000 or cause the injury or death of an individual.
  •  Take photos: photographs can do a lot to document the scene of the accident, corroborate or refute witness statements, provide support to your claim of injury, and generally document the scene. An attorney may advise you to take photos of the scene, damage to vehicles or other structures, any skid marks, and any injuries.
  • Seek medical attention: this will ensure that any injuries hidden by stress hormones or adrenaline are addressed. It will also begin a chain of documentation regarding your injuries, which can be crucial to a successful settlement.
  • Keep detailed records: Part of your personal injury claim revolves around providing documentation to support your claims. Keeping records that include invoices, medical records, and the details of any other costs you may have incurred or losses suffered can reduce the chances of the insurance company’s refusal to pay.

Whether you have taken all of the above steps or none, one of the most important things you can do to navigate your case is to call an auto accident law firm immediately to discuss your options. The insurance company has lawyers to consult. Getting your own just levels the playing field. 

Injuries in a Car Accident

Injuries from a car accident can range from relatively minor to fatal. Some accidents may leave you feeling sore or uncomfortable but allow you to walk away, and others see you taken out of the accident with the assistance of the fire department and paramedics. Some of the more commonly seen injuries in car accidents are:

  • Head, neck, and spine injuries, including concussions and whiplash
  • Broken bones
  • Internal bleeding
  • Bruising and lacerations
  • Traumatic brain injury
  • Post-traumatic stress disorder

Each individual will have their own experience of a car accident; some broken bones may heal quickly, while others require multiple surgeries to correct and heal fully. This variation has a significant effect on the monetary value of the damages and losses you may claim for compensation. Working with an attorney can help ensure all of your costs relating to these injuries are accounted for to maximize the compensation awarded.

What Compensation is Available to You?

The purpose of any personal injury case is to hold the responsible party accountable while ensuring that you receive the compensation you deserve to help manage your injuries and losses caused by the injury. The value of your case depends heavily on the extent of your injuries and losses. Some common damages that an individual may claim include:

  • Medical costs
  • Lost wages
  • Loss of earning potential 
  • Pain and suffering 
  • Loss of consortium 

Wrongful Death

In the most tragic instance where you have lost a loved one, you may choose to file a wrongful death claim. This type of claim may allow you to cover medical expenses prior to the death of your loved one, as well as funeral expenses. Nothing can ever bring them back or fill the hole their loss has left, but we hope that the compensation you receive can give you room to grieve the way you need to without the extra pressure of financial problems.

Call a Car Accident Lawyer in Houston Today

Recovering from an accident is a vulnerable and stressful time. While you may be capable of managing the legal side of your case on your own, you should not have to. When you call the Law Firm of Aaron A. Herbert for a free case consultation, you can discuss your case details with one of our team with no obligation. 

When you work with one of our car accident lawyers, you can rest assured that you will not have to immediately add legal fees to your growing list of expenses because we work on a contingency fee schedule that does not pay us until we recover for you. You do not have to do this alone and should have the support and advocacy of an established car accident attorney.

Posted by Aaron Herbert at 10:36 am