Can My Lawyer Lower My Medical Bills? If So How Much?

Friday, August 11, 2023

Lawyers typically do not directly reduce medical bills themselves. However, they can play a role in negotiating with medical providers and insurance companies to potentially lower the amount you owe for medical expenses as part of a legal settlement or lawsuit. The extent to which medical bills can be reduced depends on various factors, including the circumstances of the case, the severity of injuries, insurance coverage, and applicable laws. Here are a few scenarios where lawyers might be involved in reducing medical bills:

  1. Personal Injury Claims: If you were injured due to someone else’s negligence and you file a personal injury claim, your lawyer may negotiate with the at-fault party’s insurance company to secure a settlement that covers your medical expenses. In some cases, they may be able to negotiate a reduction in medical bills as part of the settlement.
  2. Medical Liens: Some medical providers might place a lien on your settlement or lawsuit award to ensure they are paid for their services. Lawyers can negotiate with these providers to potentially reduce the lien amount, which could lead to a reduction in the overall medical bills you need to pay from your settlement.
  3. Health Insurance Negotiations: If you have health insurance and it has paid for a portion of your medical expenses, your lawyer may work to negotiate with the health insurance company to reduce the amount they are entitled to recover from your settlement.
  4. Out-of-Network Negotiations: If your medical treatment involved out-of-network providers and you’re facing high bills, a lawyer might negotiate with those providers to reduce the charges to a more reasonable level, especially if the treatment was necessary due to your case.

It’s important to note that the specific outcome of negotiations can vary widely depending on the circumstances. Lawyers will often try to secure the best possible outcome for their clients, which may include negotiating for reduced medical bills. However, they cannot guarantee a specific reduction amount, as this depends on the cooperation of medical providers and insurance companies.

If you’re involved in a legal case and have concerns about your medical bills, it’s crucial to discuss these matters with your lawyer. They can provide guidance based on the specifics of your situation and help you understand the potential options for addressing medical expenses within the context of your case.

If you’re the victim in a personal injury claim, you don’t always have to pay the full amount of your medical bills. After your injury verdict or compensation is final, your personal injury attorney can frequently lower your skyrocketing medical expenditures.

With this knowledge, you can decide whether or not working with a personal injury attorney to negotiate a decrease in your medical costs will enable you to save more money.

After a wreck, how am I going to pay my medical bills?

Medical care is critically necessary after a significant auto accident because it will help you detect and treat any injuries that could be life-threatening, speed up your recovery, and connect your ailments to the collision.

Even if you have health insurance, you will still need to cover your medical costs because this may get very expensive. Fortunately, your personal injury claim will allow you to include both your past and future medical expenses. This means that your lawyer will assist you in listing all of your medical conditions and forecasting all of your future medical requirements.

Your attorney will use this number to begin settlement discussions (or possibly court proceedings) and fight for the just recompense for you. Liens are legal documents that represent an interest in your personal injury claim and are typically filed by medical professionals like doctors, hospitals, healthcare providers, and even your insurance company. You must take care of these unpaid invoices and come to an agreement with your providers before you can settle or close your claim.

Your insurance may not completely pay for your medical expenses.

According to Texas law, the negligent or at-fault person is normally liable for the losses (like a written-off car) and injuries (like head wounds) suffered by their victims. Unfortunately, many individuals and companies lack sufficient liability coverage to pay for catastrophic or multiple-party lawsuits.

And to make matters worse, according to the Insurance Information Institute, 14% of Texans who own cars lack auto insurance. This could affect you because, in most cases, you will need to file additional claims with your own UM/UIM and personal injury protection (PIP) policies if you are dealing with an uninsured or underinsured motorist after being involved in an accident.

However, if you simply have little coverage or have previously opted out of these coverages, you can still owe money for medical expenses.

Medical providers could be ready to take a lesser amount to settle the unpaid debt, and a lawyer may be successful in negotiating a fair and acceptable sum. Having a personal injury lawyer on your side can be immensely helpful in this circumstance.

Furthermore, your health insurance plan may classify some services, doctors, and surgeons who treat you as being out of network even if the facility where you are receiving care is in-network. After an accident, you might even have been too injured or unconscious to make decisions about the hospital you would go to, the services you would receive, or the medications you would take.

Overall, the healthcare system is designed to prevent upfront bargaining and actual price shopping. You will need a qualified and experienced lawyer who has successfully bargained hospital costs down in the past for cases similar to yours if you want to receive the greatest deal from your healthcare provider.

How To Negotiate A Health Care Bill

A committed and skilled attorney will make every effort to negotiate lower payments on your unpaid medical bills after a verdict or settlement amount has been determined in your case. Negotiations include more than just being polite in your requests. Instead, your knowledgeable attorney will use their extensive knowledge of both law and medicine to:

Get in touch with your insurance companies and medical providers

Examine their bill statements, which are often on forms HCFA-1500 and UB-04.

Verify that the ailments are connected to your wreckk and the symptoms they caused, and check all of the billing codes twice.

In accordance with state and federal law, work with government programs like Medicare and Medicaid to safeguard their interests.

When it’s possible, try to get your medical costs reduced so you have to pay less.

Even while the majority of healthcare professionals do demand full payment for all of their services and bills, this is not unreasonable to consider negotiating discounts.

Using their special expertise, experience, information, and perspective of your case, a qualified personal injury attorney can be able to negotiate a sizeable monetary decrease on your behalf. Lowering the healthcare charge increases the likelihood that the hospital will get payment for its services, which benefits both the customer and the facility.

If you can pay in cash, that can also be a huge benefit because hospitals will frequently lower invoices rather than accept lengthy payment plans in exchange for immediate payment in full in cash.

How Does Subrogation Work?

If your personal injury claim is successful, a process known as subrogation will require you to give a portion of your payment to your health insurance provider. 

This serves as an attempt to prevent the damaged party from making a “double recovery,” which is when they gain from an earlier loss. So, if your insurance company pays for your medical expense, and then your personal injury claim settlement covers those same medical expense fees, you might be seen as to have profited off of your accident.

This is why your insurance company is entitled to be reimbursed. Your injury attorney can help to explain the process to you in greater legal detail.

So How Likely Is It That My Attorney Can Reduce My Medical Bills?

It is difficult to put an exact number on how likely that it is that your lawyer will be able to reduce your medical bills, as every case and client is different. However, some personal injury attorneys suggest they will be able to reduce bills around 95% of the time.

How Much Can An Injury Lawyer Reduce My Medical Bills?

If you decide to have an experienced injury lawyer negotiate your medical bills after you have been injured in a collision or accident, you can expect that there will most likely be a change in the amount you are due to pay. 

However, it is difficult to give you an accurate idea of the size of the change, without discussing the personal nuance and fact pattern of your specific case.

Our aim is to help you stay medical debt-free, and the intensive negotiation process can take a few months, as our attorneys research every fact of your case and every claim made by your healthcare providers.

In addition to negotiating your medical bills down, lawyers can help you deal with your insurance company, and file any lawsuits against an at-fault party,

If you have been injured, we suggest that you give our experienced team a call, so that they can help you assess any financial help you could be entitled to, or could help you file a lawsuit against the at-fault party.

What Else Can Lawyers Do To Help Me After I Have Been Injured In An Accident?

Negotiating liens and reduced medical service bills aren’t the only benefits that having a personal injury attorney on your side, though. They provide other invaluable legal services that they perform if you have been injured.

Through speaking with the accident victim, they will be able to conduct a legal investigation into the incident that resulted in your injuries. This will enable them to find any parties who could be held legally responsible and assist you in determining whether you have any legal grounds to seek compensation for any damages from the parties involved.

During this investigation, your attorney might discover information by interviewing witnesses,  gathering medical records, reviewing police reports, and consulting with experts to establish facts and liability in the case.

After this investigatory phase, the injury lawyer and victim together file a claim against the insurance company (if applicable), at which point, many personal injury claims are resolved successfully.

Your injury lawyer will be able to assess the  potential value of  your claim based off of the specific circumstances,  and their previous case results  with similar fact patterns.

The Texas insurance code requires insurance companies not to engage in Bad Faith practices when they are negotiating Insurance claims for personal injury suits. 

However, insurance adjusters do represent the interests of their employers rather than that of their employers clients,  meaning that they will try to deny or devalue as many claims as possible, therefore reducing the amount of money that their employer has to spend.

If a fair injury settlement can’t be successfully negotiated, then your attorney can pursue a few different legal avenues. They can go through formal litigation, which includes the following steps:

Filing a Complaint

This is the beginning of a lawsuit, where the injured victim files a complaint against the at-fault party in the appropriate court, and names the defendant.

Service of Pre-trial motions

The complaint has to be formally legally served to the defendant. This is done via a summons to appear for a court date.

Filing of Motions Pre-trial

The attorney that is representing the defendant can file motions before the official trial begins. These motions can have a multitude of functions – they might ask the court to rule on the admissibility of certain pieces of evidence, to order the other party to provide certain information, to grant summary judgement, or even to totally dismiss the case, if applicable.

The Official Trial

If the parties are not able to resolve the case in mediation or settlement discussions before the trial begins, then the two opposing parties will participate in the trial process. This means that they will have to formally make arguments, either to a judge or jury, depending on the type of trial.

If there is a jury trial, then the first step of the trial is for both sides to participate in a voir dire process, where the respective sides lawyers will try to determine if any of the jurors would be biased, which would make them unable to render a fair verdict.

Once the jury has been selected, the trial will start.

To kick off the trial, each side begins with an opening statement. Then, witnesses are examined and cross-examined, and other evidence, such as documents, statements, and any forensics, is presented to the jury/judge.

At the conclusion of the trial, the judge or jury will render a verdict. If the case is ruled in the plaintiff’s favor (i.e., the victim), then the judge or jury will calculate the damages, based on their specific circumstances (such as the cost of medical bills, the losses made, and the cost for future treatment of the same conditions). 

Enforcement of Judgement

After the court has made a decision has been made about the settlement monies has been made, if the defendant/the insurance company does not provide the compensation awarded, the plaintiff and their legal team might have to take additional steps to ensure that they actually receive the money.

If you find yourself in this situation, you will likely have to ask the court to take further action and enforce the judgement. This can be done through a few different methods.

These include: The writ of execution, which allows a peace officer to take/levy the judgement debtor’s non-expempt property, which is then auctioned with the proceeds being used to pay for the judgement.

The abstract of judgement can also be invoked, which places liens against the defendant’s property, and needs to be filed in the judgement records of every county that the judgement debtor owns land in, or where they might one day own real property.

The lien will have to be paid before any property is sold or ownership transferred. Another method of enforcing the judgement is if a turnover statute is invoked. This is used if the debtor owns assets that can’t be easily levied by a peace officer, or attached with liens.

According to the Civil Practice and Remedies Code 31.002, a trial court can order the defendant to ‘turn over’ nonexempt assets to an officer or court receiver.

Appeals

If one or both of the parties think that the judge made mistakes that significantly impacted the case’s outcome, they are able to appeal the decision. This typically happens in the next level of the courts. 

Posted by Aaron Herbert at 7:43 am

Unveiling the Key Elements: Building a Prima Facie Case of Negligence in Texas

Thursday, August 10, 2023

Welcome to a comprehensive guide on building a prima facie case of negligence in the great state of Texas. Negligence is a legal concept that holds individuals accountable for their actions or lack thereof, resulting in harm to others. Whether you’re a lawyer, law student, or simply intrigued by the intricacies of the legal system, this article will provide you with a clear understanding of the key elements required to establish negligence in the Lone Star State. From duty of care to causation, we will delve into the fundamental components that form the foundation of a successful negligence claim. By the end of this guide, you will have the tools and knowledge necessary to navigate the complex world of negligence law in Texas. So, let’s dive in and unveil the key elements that will help you build a strong prima facie case of negligence.

Understanding Negligence in Texas

Negligence is a legal concept that forms the basis of many personal injury cases in Texas. It refers to the failure to exercise reasonable care, resulting in harm to another person. In order to establish a prima facie case of negligence, certain elements must be proven. These elements include duty of care, breach of duty, causation, and damages. Understanding these elements is essential for anyone involved in a negligence case in Texas.

Elements of a Prima Facie Case of Negligence

Duty of Care

The first element of a prima facie case of negligence is establishing the existence of a duty of care. Duty of care refers to the legal obligation that one person owes to another to act with reasonable care and avoid causing harm. In Texas, duty of care is generally determined by the relationship between the parties involved. For example, a doctor has a duty of care towards their patients, while a driver has a duty of care towards other drivers on the road. Proving the existence of a duty of care is crucial in a negligence claim.

Breach of Duty

Once the duty of care has been established, the next element to prove is a breach of that duty. A breach of duty occurs when the defendant fails to meet the standard of care expected in a given situation. In Texas, the standard of care is determined by what a reasonable person would do in similar circumstances. To establish a breach of duty, the plaintiff must show that the defendant’s actions or lack thereof fell below this standard. This can be done through evidence such as expert testimony, eyewitness accounts, or documentation.

Causation

Causation is another essential element in a negligence claim. It involves establishing a causal connection between the defendant’s breach of duty and the plaintiff’s injuries or damages. In Texas, there are two types of causation to consider: cause-in-fact and proximate cause. Cause-in-fact requires showing that the defendant’s actions were the actual cause of the harm. Proximate cause, on the other hand, requires demonstrating that the harm was a foreseeable consequence of the defendant’s breach of duty. Both types of causation must be proven to establish negligence.

Damages

The final element of a prima facie case of negligence is damages. Damages refer to the harm or injury suffered by the plaintiff as a result of the defendant’s negligence. In Texas, damages can include medical expenses, lost wages, pain and suffering, and other losses. In order to succeed in a negligence claim, the plaintiff must provide evidence of the damages they have suffered. This can be done through medical records, financial documents, and testimonies from healthcare professionals or other experts.

Proving Negligence in Court

Once all the elements of a prima facie case of negligence have been established, the burden of proof shifts to the plaintiff. It is the plaintiff’s responsibility to prove their case by a preponderance of the evidence, meaning that it is more likely than not that the defendant was negligent. This requires presenting strong evidence, such as witness testimonies, expert opinions, and documentary evidence, to convince the court of the defendant’s negligence.

Defenses to Negligence Claims

In Texas, there are several defenses that can be raised in response to a negligence claim. These defenses include contributory negligence, comparative negligence, assumption of risk, and the statute of limitations. Contributory negligence occurs when the plaintiff’s own negligence contributes to the harm they suffered. Comparative negligence, on the other hand, is a defense that reduces the plaintiff’s recovery based on their percentage of fault. Assumption of risk is a defense that applies when the plaintiff willingly and knowingly exposed themselves to a known risk. Finally, the statute of limitations sets a time limit within which a negligence claim must be filed.

Common Examples of Negligence Cases in Texas

Negligence can arise in various situations, and Texas has seen its fair share of negligence cases. Some common examples include car accidents caused by distracted driving, medical malpractice cases, premises liability cases involving slip and fall accidents, and product liability cases. Each of these examples involves the elements of negligence discussed earlier, and understanding these real-world scenarios can help individuals better grasp the application of negligence law in Texas.

Conclusion

Building a prima facie case of negligence in Texas requires a thorough understanding of the key elements involved. From establishing duty of care to proving causation and damages, each element plays a crucial role in a successful negligence claim. By familiarizing yourself with these elements and the defenses available, you can navigate the complexities of negligence law in Texas. Whether you’re a lawyer building a case or an individual seeking justice, the knowledge gained from this guide will empower you to build a strong prima facie case of negligence in the Lone Star State.

Posted by Aaron Herbert at 7:31 am

How Much Can You Expect from an 18-Wheeler Truck Accident Settlement in Texas?

Wednesday, August 9, 2023

If you’ve been involved in an 18-wheeler truck accident in Texas, you may be wondering what kind of settlement you can expect. While every case is unique, there are certain factors that can influence the average settlement amount. In this guide, we’ll explore the various factors that can impact your settlement and provide you with an idea of what you can expect in terms of compensation.

Understanding the Factors that Affect Settlement Amounts.

When it comes to determining the settlement amount for an 18-wheeler truck accident in Texas, there are several factors that can come into play. One of the most important factors is the extent of the injuries sustained in the accident. Severe injuries that require extensive medical treatment and long-term care will typically result in a higher settlement amount. Additionally, the amount of property damage caused by the accident can also impact the settlement. Other factors that can affect the settlement amount include the at-fault party’s insurance coverage, any negligence on the part of the victim, and the skill and experience of the legal representation. It’s important to consult with an experienced personal injury attorney who can assess your case and provide you with a realistic expectation of the settlement amount you can expect.

Accident fault is determined in Texas by calculating the extent of  your responsibility for the accident versus the fault of the truck driver.  If it’s determined that you’re more than 50% responsible for the accident, the truck driver may not be required to pay you compensation. However, the truck driver will be found at fault for the incident if your responsibility is found to be anything less than 50%.

The closer the truck driver is to 100% at fault, the greater their liability. Truck accident settlements are typically higher in these 18-wheeler truck accident cases. In the most egregious of truck accident cases where the driver was found 100% at fault and the victim died due to the accident, juries in Texas have awarded as much as $730mm in wrongful death settlements. Several 18-wheeler accidents resulting in deaths have been awarded $260mm, $150mm, $120mm, $101mm, $55.5mm, and $140mm respectively in Texas Courts.

Evaluating the Severity of Injuries and Damages.

When determining the settlement amount for an 18-wheeler truck accident in Texas, one of the key factors to consider is the severity of the injuries sustained by the victim. Severe injuries that require extensive medical treatment, surgeries, and long-term care will typically result in a higher settlement amount. This is because the victim may have ongoing medical expenses, rehabilitation costs, and may experience a diminished quality of life. Additionally, the amount of property damage caused by the accident can also impact the settlement. If the victim’s vehicle was completely totaled or suffered significant damage, this can increase the settlement amount. It’s important to gather all medical records, bills, and repair estimates to accurately assess the severity of the injuries and damages. An experienced personal injury attorney can help evaluate these factors and provide guidance on the potential settlement amount you can expect.

Assessing Liability and Negligence.

When determining the settlement amount for an 18-wheeler truck accident in Texas, it is crucial to assess liability and negligence. This involves determining who is at fault for the accident and whether their actions were negligent. In Texas, the concept of proportionate responsibility is used, which means that each party involved in the accident can be assigned a percentage of fault. This percentage will then affect the settlement amount. For example, if the victim is found to be partially at fault for the accident, their settlement amount may be reduced. On the other hand, if the truck driver or trucking company is found to be negligent, the settlement amount may be higher. It is important to gather evidence such as witness statements, police reports, and any available surveillance footage to support your claim of negligence. An experienced personal injury attorney can help navigate these complexities and ensure that liability and negligence are properly assessed in your case.

Considering Insurance Coverage and Policy Limits.

Another important factor to consider when determining the settlement amount for an 18-wheeler truck accident in Texas is the insurance coverage and policy limits of the parties involved. In Texas, commercial trucking companies are required to carry a minimum amount of liability insurance. This insurance coverage can vary depending on the size and weight of the truck. If the truck driver or trucking company has sufficient insurance coverage, it may increase the potential settlement amount. However, if the insurance coverage is limited, it may impact the overall settlement. It is important to work with an experienced personal injury attorney who can assess the insurance coverage and policy limits of all parties involved and negotiate for a fair settlement based on these factors.

Seeking Legal Representation for Maximum Compensation.

Several factors can impact an 18-wheeler (tractor-trailer) accident case, influencing liability, compensation, and legal proceedings. Some of these factors include:

  1. Negligence: Determining which party (driver, trucking company, other drivers, etc.) was negligent or at fault for the accident is a central factor. Evidence such as eyewitness accounts, traffic camera footage, and expert analysis may be crucial.
  2. Driver Fatigue: Fatigue is a common issue in truck accidents. Hours-of-service regulations dictate how long a commercial driver can operate a vehicle without taking mandatory rest breaks. Violations of these regulations could be a factor in the case.
  3. Driver Training and Qualifications: The driver’s training, qualifications, and adherence to traffic laws can impact the case. Inadequate training or improper licensing could point to negligence.
  4. Vehicle Maintenance: Poorly maintained trucks can contribute to accidents. Regular maintenance records and inspection reports can provide insight into whether maintenance-related issues played a role.
  5. Load Securing: Improperly secured cargo can lead to accidents. If the cargo was not properly loaded and secured, it could be a factor in the case.
  6. Weather and Road Conditions: Adverse weather and road conditions, such as rain, snow, ice, or poor visibility, can contribute to accidents. These factors may influence liability and responsibility.
  7. Speeding and Reckless Driving: Speeding, aggressive driving, tailgating, and other reckless behaviors can increase the likelihood of accidents and impact liability.
  8. Distracted Driving: Distractions, such as texting, talking on the phone, or using in-cab technology, can divert a driver’s attention from the road and contribute to accidents.
  9. Intoxication or Substance Abuse: Alcohol or drug impairment by either the truck driver or other involved parties can significantly impact liability.
  10. Company Policies and Culture: The trucking company’s policies, safety culture, and enforcement of regulations can play a role in the accident. For example, if a company encourages drivers to exceed legal driving hours, it could be liable.
  11. Electronic Logging Devices (ELDs): ELDs track a driver’s hours of service and can provide evidence of compliance or violations with hours-of-service regulations.
  12. Black Box Data: Commercial vehicles often have event data recorders (similar to “black boxes” in airplanes) that capture data such as speed, braking, and other factors leading up to an accident.
  13. Witness Statements: Eyewitness accounts of the accident can provide valuable insights into what happened and who was at fault.
  14. Injuries and Damages: The extent of injuries to all parties involved and the resulting damages will influence the compensation sought in the case.
  15. Insurance Coverage: The insurance policies of the involved parties can affect the compensation available for medical expenses, property damage, and other losses.

Navigating an 18-wheeler accident case can be complex, involving legal, regulatory, and investigative aspects. If you or someone you know is involved in such an accident, it’s essential to consult with an experienced personal injury attorney who specializes in truck accidents to ensure your rights are protected and you receive the appropriate compensation.

If you have been involved in an 18-wheeler truck accident in Texas, it is crucial to seek legal representation to ensure you receive maximum compensation for your injuries and damages. Dealing with insurance companies and navigating the legal process can be complex and overwhelming, especially when it comes to determining the settlement amount. An experienced personal injury attorney will have the knowledge and expertise to assess the insurance coverage and policy limits of all parties involved and negotiate on your behalf. They will fight for your rights and work tirelessly to secure a fair settlement that takes into account the extent of your injuries, medical expenses, lost wages, pain and suffering, and other damages. Don’t settle for less than you deserve – consult with a skilled attorney who will advocate for your best interests.

Posted by Aaron Herbert at 7:18 am

5 Key Factors to Consider When Choosing a Personal Injury Lawyer in San Antonio, TX

Wednesday, August 9, 2023

When it comes to personal injury cases in San Antonio, TX, finding the right lawyer can make all the difference. With so many options available, it’s important to consider several key factors before making your decision. In this article, we will discuss the five most important factors to consider when choosing a top personal injury lawyer in San Antonio, TX.

Experience and Expertise:

Look for a personal injury lawyer who has experience handling cases similar to yours and has a deep understanding of personal injury law.

One of the most important factors to consider when choosing a personal injury lawyer in San Antonio, TX is their experience and expertise. Look for a lawyer who has a proven track record of handling cases similar to yours and has a deep understanding of personal injury law. An experienced lawyer will know the ins and outs of the legal system and will be able to navigate your case effectively. They will also have the knowledge and resources to build a strong case on your behalf and fight for the compensation you deserve. Don’t be afraid to ask potential lawyers about their experience and success rate in personal injury cases.

Reputation and Track Record:

Research the lawyer’s reputation and track record of success in handling personal injury cases. Look for reviews, testimonials, and case results to gauge their credibility.

When choosing a personal injury lawyer in San Antonio, TX, it’s important to research their reputation and track record of success in handling personal injury cases. Look for reviews and testimonials from past clients to get an idea of their credibility and the level of satisfaction they provide. Additionally, inquire about their case results and settlements to see if they have a history of achieving favorable outcomes for their clients. A lawyer with a strong reputation and a track record of success is more likely to effectively represent your interests and fight for the compensation you deserve.

Communication and Availability:

A good personal injury lawyer should be accessible and responsive to your needs. Ensure that they have clear communication channels and are available to answer your questions and provide updates on your case.

When dealing with a personal injury case, communication is key. You want a lawyer who will be readily available to address your concerns and keep you informed about the progress of your case. Look for a lawyer who has clear communication channels, such as a dedicated phone line or email address, and who promptly responds to your inquiries. This level of accessibility and responsiveness is crucial in ensuring that you feel supported throughout the legal process and that your needs are being met.

Resources and Support:

Consider the resources and support that the lawyer and their firm can provide. This includes access to expert witnesses, investigators, and other professionals who can strengthen your case.

When choosing a personal injury lawyer in San Antonio, TX, it’s important to consider the resources and support that they and their firm can provide. A strong legal team will have access to expert witnesses, investigators, and other professionals who can strengthen your case. These resources can make a significant difference in the outcome of your case, so it’s crucial to choose a lawyer who has the necessary connections and support. Additionally, consider the level of support that the lawyer and their firm can provide throughout the legal process. You want a lawyer who will be there to answer your questions, address your concerns, and keep you informed about the progress of your case. This level of support can make a stressful and complex process much more manageable.

Fee Structure:

Discuss the lawyer’s fee structure upfront and ensure that it aligns with your budget and expectations. Some lawyers work on a contingency fee basis, meaning they only get paid if they win your case, while others may charge an hourly rate or a flat fee.

It’s important to have a clear understanding of the lawyer’s fee structure before making a decision. Discuss this upfront and ensure that it aligns with your budget and expectations. Some personal injury lawyers in San Antonio, TX work on a contingency fee basis, meaning they only get paid if they win your case. This can be beneficial if you are concerned about upfront costs. However, other lawyers may charge an hourly rate or a flat fee. Consider your financial situation and choose a fee structure that works best for you. It’s also important to clarify any additional costs or expenses that may be involved in your case, such as court fees or expert witness fees. By discussing the fee structure upfront, you can avoid any surprises or misunderstandings later on.

Posted by Aaron Herbert at 6:59 am

Legal Considerations for Escalator Injuries in San Antonio

Wednesday, August 9, 2023

If you’ve been injured on an escalator in San Antonio, it’s important to understand the legal aspects of escalator injury cases. This comprehensive guide will help you navigate through the process and determine who may be held liable for your damages.

Understanding Escalator Injuries and Liability.

Escalator injuries can occur due to various factors, such as mechanical malfunctions, improper maintenance, or user negligence. When it comes to determining liability for these injuries, several parties may be held responsible, including the property owner, escalator manufacturer, maintenance company, or even the injured individual themselves. Understanding the legal aspects of escalator injury cases is crucial in order to protect your rights and seek appropriate compensation for your damages.

Identifying Responsible Parties in Escalator Injury Cases.

In escalator injury cases, it is important to identify the responsible parties in order to pursue legal action and seek compensation for your damages. The liable parties can vary depending on the circumstances of the accident. The property owner may be held responsible if they failed to properly maintain or inspect the escalator, leading to the injury. The escalator manufacturer could also be held liable if a defect in the design or manufacturing of the escalator caused the accident. Additionally, the maintenance company may be responsible if they failed to adequately service or repair the escalator. It is crucial to consult with a knowledgeable personal injury attorney who can help determine the responsible parties and guide you through the legal process.

Gathering Evidence for Your Escalator Injury Claim.

When pursuing a legal claim for an escalator injury in San Antonio, gathering evidence is crucial to support your case. This evidence can help establish negligence on the part of the responsible parties and strengthen your claim for compensation. Some important types of evidence to gather include photographs or videos of the accident scene, any visible injuries you sustained, and the condition of the escalator. Witness statements can also be valuable evidence, so be sure to collect contact information from anyone who witnessed the incident. Additionally, obtaining maintenance records, inspection reports, and any relevant documentation from the property owner, escalator manufacturer, or maintenance company can help establish liability. Working with an experienced personal injury attorney can ensure that you gather all necessary evidence and present a strong case in pursuit of the compensation you deserve.

Statute of Limitations and Filing Deadlines for Escalator Injury Lawsuits.

When pursuing a legal claim for an escalator injury in San Antonio, it is important to be aware of the statute of limitations and filing deadlines that apply to your case. In Texas, the statute of limitations for personal injury cases, including escalator injuries, is generally two years from the date of the accident. This means that you have two years from the date of your injury to file a lawsuit against the responsible parties. It is crucial to adhere to this deadline, as failing to do so can result in your case being dismissed by the court. Additionally, it is important to note that there may be specific filing deadlines or notice requirements when pursuing a claim against a government entity or public transportation system. Consulting with an experienced personal injury attorney can help ensure that you understand and meet all applicable deadlines in your escalator injury lawsuit.

Seeking Compensation for Damages in Escalator Injury Cases.

If you have been injured on an escalator in San Antonio, you may be entitled to seek compensation for your damages. In escalator injury cases, there are several parties that may be held responsible for your injuries, including the property owner, maintenance company, or manufacturer of the escalator. To seek compensation, you will need to gather evidence to support your claim, such as photographs of the scene, witness statements, and medical records. It is important to consult with a personal injury attorney who specializes in escalator injury cases to guide you through the legal process and help you build a strong case. They can help you determine the value of your damages, negotiate with insurance companies, and represent your interests in court if necessary. Seeking compensation for your escalator injury can help cover medical expenses, lost wages, pain and suffering, and other damages you have suffered as a result of the accident.

Who is Liable for Escalator Injuries in San Antonio?

Escalator Injuries in San Antonio

In the United States alone, people have access to around 35,000 escalators in malls, business offices, airports, and other buildings. Most of the time, escalator riders step on and off escalators without incident. Unfortunately, occasionally horrific accidents happen, including a 2013 case in San Antonio, where escalator inside Exhibit Hall D of the Henry B. Gonzales Convention Center stopped and reversed directions abruptly injuring 20 people attending a Dish Network summit in San Antonio. When accidents happen, liability laws determine who faces financial responsibility for resulting injuries and deaths.

Causes of Escalator Injuries and Liability

Escalator incidents occur under a variety of circumstances. The cause of the injury often helps investigators understand contributing factors and ultimate liability. Consider the potentially liable parties and common causes of escalator accidents:

Property Owner

The owner of the premises where the escalator is located may be held liable if the accident was caused by inadequate maintenance, repairs, or failure to address known safety issues.

Property Manager

If the property is managed by a separate entity, they could share liability if their negligence or failure to properly maintain the escalator contributed to the accident.

Escalator Manufacturer

Similar to elevator accidents, if the accident was caused by a design or manufacturing defect in the escalator, the manufacturer could be held liable under product liability laws.

Maintenance and Repair Contractors

Companies or individuals responsible for maintaining and repairing the escalator may be liable if their actions or negligence played a role in the accident.

Installation Contractors

If improper installation of the escalator led to the accident, the contractors responsible for installation could be held liable.

Third-Party Service Provider:

If a third-party company is contracted to service the escalator, they may share responsibility for ensuring its safe operation.

Negligent Individuals

If an individual’s negligence or intentional actions caused the escalator accident, that person could be held personally liable.

Manufacturer of Component Parts

If the accident was caused by a specific component part of the escalator, the manufacturer of that part might be liable.

Government Entities

In some cases, government entities responsible for regulating and inspecting escalators may also share liability if their oversight was inadequate.

Legal Considerations for Escalator Injuries in San Antonio 2

As with any personal injury case, establishing liability in escalator accidents requires a careful investigation of the circumstances. The specific laws and regulations surrounding premises liability and product liability can vary by jurisdiction, so consulting with legal professionals who specialize in these areas is advisable to determine your rights and potential courses of action.

Depending on the case and jurisdiction, the courts may impose strict liability on the owners and operators. Courts may use this stringent standard when they define escalators as a mode of public transportation. All so-called “common carriers” must adhere to an increased duty of care to ensure rider safety. In these cases, the plaintiff does not need to prove the defendant was negligent to recover. He or she must only prove the defendant was legally responsible for the incident.

Pursuing Escalator Accident Claims

Escalator incidents can lead to significant physical trauma. When preventable escalator incidents occur, they can change someone’s life in a second. Nobody expects their commute home, shopping trip, or airport terminal travel to result in a severe injury. For children, an accident can alter the future including income generating capabilities and quality of life. For adults, accidents can lead to time away from work, financial struggles, and more. After an escalator-related injury, report the incident to the operator or manager on duty. File an accident report, and seek medical assistance. Keep as many records of the incident as possible, including pictures of the defect or video recordings of the incident. If you do not recover quickly and fully from the incident, consider speaking to an attorney about your legal options. A personal injury attorney can help you identify the liable parties in your case and pursue appropriate legal action.

Posted by Aaron Herbert at 6:43 am

What are Common Problems Catastrophic Accident Survivors Face

Monday, August 7, 2023

Survivors of catastrophic accidents often face a range of physical, emotional, and financial challenges. These challenges can vary depending on the severity of the accident and the nature of the injuries sustained. Some common problems faced by catastrophic accident survivors include:

  1. Severe physical injuries: Catastrophic accidents can result in life-altering
    injuries such as traumatic brain injuries, spinal cord injuries, amputations,
    severe burns, and multiple fractures. These injuries may require extensive
    medical treatment, surgeries, and long-term rehabilitation.
  2. Chronic pain and disability: Survivors may experience chronic pain and
    physical disability, impacting their ability to perform daily tasks, work, and
    participate in recreational activities.
  3. Emotional trauma: The psychological impact of a catastrophic accident can
    be significant. Survivors may experience post-traumatic stress disorder
    (PTSD), depression, anxiety, or survivor’s guilt.
  4. Financial strain: The costs associated with medical treatment,
    rehabilitation, adaptive equipment, and ongoing care can be
    overwhelming. Many survivors face financial challenges due to medical bills
    and lost income from being unable to work.
  5. Lifestyle adjustments: Catastrophic accident survivors often need to make
    significant lifestyle adjustments to accommodate their new physical
    limitations. This may involve modifying their living spaces, acquiring
    assistive devices, and learning new ways to perform daily activities.
  6. Impact on relationships: Catastrophic accidents can strain relationships
    with family and friends. Caregivers may experience increased stress and
    emotional burden while adapting to their new roles.
  7. Reduced independence: Depending on the extent of their injuries, survivors
    may experience a loss of independence, relying on others for personal care
    and assistance.
  8. Legal and insurance complexities: Dealing with insurance claims and
    seeking compensation for medical expenses and loss of income can be
    complex and challenging.
  9. Social isolation: Physical limitations and emotional trauma may lead to
    social isolation and feelings of disconnection from friends and the
    community.
  10. Uncertain future: Catastrophic accident survivors may face an uncertain
    future, unsure of how their injuries will progress over time and how it will
    impact their quality of life.

Support from family, friends, and healthcare professionals is crucial in helping survivors cope with these challenges. Access to counseling, support groups, and legal assistance can also be beneficial in navigating the aftermath of a catastrophic accident. Additionally, ensuring that survivors have access to appropriate medical care, rehabilitation services, and assistive technology can significantly improve their overall well-being and quality of life.

Was your catastrophic accident caused by someone else’s negligence?

Victims of catastrophic accidents suffer life-altering consequences. Catastrophic accidents are defined by the injuries they cause, forever changing the way a victim’s body functions. These damages often leave individuals unable to function at the same level as they could prior to the incident. Whether a victim suffers from serious burns or a spinal cord injury causing paralysis, many encounter lifelong problems. In order to gain just compensation for your injuries and life altered condition, you will likely need an experienced personal injury lawyer to protect your interests and ensure you are treated fairly in your settlement for your injuries.

How can a personal injury lawyer help a catastrophic accident survivor

A personal injury lawyer can play a vital role in helping a catastrophic accident survivor in several ways:

  1. Legal advice and representation:
    A personal injury lawyer can provide expert legal advice and guide the
    survivor through the complexities of the legal process. They will handle all
    the legal aspects of the case, including filing claims, gathering evidence, and
    negotiating with insurance companies.
  2. Determining liability:
    The lawyer will investigate the accident to determine who was at fault and
    who may be held legally responsible for the injuries. This is crucial in
    establishing a solid case for seeking compensation.
  3. Evaluating damages:
    A personal injury lawyer will assess the full extent of the survivor’s injuries,
    including both immediate and long-term medical needs, rehabilitation, lost
    wages, and potential future expenses. They will ensure that all damages are
    appropriately calculated and accounted for in the claim.
  4. Negotiating fair settlements:
    Insurance companies may try to settle for as little as possible, which may
    not be sufficient to cover the survivor’s needs. A skilled personal injury
    lawyer will negotiate with insurance companies to secure a fair and just
    settlement on behalf of the survivor.
  5. Representing in court:
    If the case goes to trial, the personal injury lawyer will represent the
    survivor in court, presenting the evidence, and advocating for their rights
    and interests.
  6. Access to medical experts:
    Personal injury lawyers often have a network of medical experts who can
    assess the survivor’s injuries and provide expert testimony to strengthen
    the case.
  7. Handling paperwork and deadlines:
    Personal injury claims involve extensive paperwork and strict deadlines. A
    lawyer will ensure that all necessary documents are properly filed and that
    deadlines are met.
  8. Providing emotional support:

Dealing with the aftermath of a catastrophic accident can be emotionally
overwhelming for survivors and their families. A personal injury lawyer can
offer empathy and support throughout the legal process.

  1. Pursuing maximum compensation:
    A personal injury lawyer’s primary goal is to secure fair compensation for
    the survivor to cover medical expenses, lost income, pain and suffering, and
    other damages resulting from the accident.
  2. Explaining legal rights:
    A lawyer will educate the survivor about their legal rights and options,
    empowering them to make informed decisions about their case.
    Overall, a personal injury lawyer’s expertise and experience are invaluable in
    helping catastrophic accident survivors navigate the legal system, ensuring their
    rights are protected, and seeking the compensation they deserve to rebuild their
    lives after such a life-changing event.
    A Board Certified Personal Injury Lawyer can help you with:

Financial Issues

Catastrophic injuries either prevent those affected from ever performing work at the same level of functionality, or the injury requires long-term medical help, including care, rehabilitative treatments, medication, and surgery. Medical expenses and a lack of income generation can cause financial complications quickly in the aftermath of an accident. For many, these injuries affect the victim’s
income generation as well as a caregiver’s ability to earn a competitive income. In some cases, a caregiver may not be able to earn any extra income while treating an injured relative.

Quality of Life Difficulties

Those who never fully recover from a catastrophic injury often face a significantly decreased quality of life. For example, a parent may never play ball with his kids. Someone may never be able to travel independently again. In the blink of an eye, a person’s world can turn upside down after a catastrophic accident. Even those who do make a full recovery may face life-altering consequences. Think about the college ball star who gets into a car accident and has to undergo several surgeries
to regain functionality. He or she may lose scholarships, be unable to perform ever again, and get so far behind at school that continuing on the same path no longer makes sense. Family members affected by the deaths that result from catastrophic accidents also experience devastating problems. Children, for instance, may never get guidance from a parent. Spouses often lose the companionship of their partners.

Emotional Distress

In addition to the physical consequences of a catastrophic accident, victims and family members may experience serious emotional problems. Trying to adjust to the injuries and reliving the accident in their heads can cause PTSD, depression, anxiety, and other serious mental health disorders. Almost every survivor of a catastrophic accident goes through some level of emotional distress, regardless of
the injuries sustained. Serious injuries may also affect an individual’s motor functioning or brain processing. The life of a victim can be incredibly lonely, making community support and family involvement an important part of the healing process.

Lack of Guidance

After an accident, survivors and their family members may not have a clear understanding about where to turn for guidance. Many must make serious work-related and medical help decisions while answering questions from investigators and absorbing the full impact of how life has changed. Not having access to legal, medical, and support resources can make the process much more difficult for
everyone involved. Texas has a number of helpful state-run resources for accident victims undergoing rehabilitation and those trying to get back into the workforce. Catastrophic accident victims also have the ability to explore legal recourse with an experienced counselor. Filing a personal injury claim against the individual responsible for the accident is one-way victims can overcome the common
problems posed by severe accidents and start to move forward with their lives.

Posted by Aaron Herbert at 7:26 am

Slip and Fall Personal Injury Settlements with Surgery in the San Antonio Area of Texas

Monday, August 7, 2023

The settlement value of a slip and fall personal injury case that involves surgery is typically higher than cases without surgical intervention. The inclusion of surgery adds significant medical expenses, pain, and suffering, which are crucial factors in determining the settlement amount. However, as each case is unique, it’s challenging to provide an exact figure, and the actual settlement will depend on various factors such as:

  1. Type and Extent of Surgery: The nature of the surgery, its complexity, and the extent of the procedure will influence the settlement value. Major surgeries with longer recovery times generally result in higher settlement amounts.
  2. Medical Expenses: The total medical expenses related to the slip and fall injury, including surgery, hospitalization, follow-up treatments, rehabilitation, and medications, are considered when calculating the settlement.
  3. Pain and Suffering: The physical and emotional pain and suffering endured due to the slip and fall injury and the surgery are significant factors in determining the settlement value.
  4. Lost Wages and Future Earnings: If the surgery caused you to miss work or impacted your ability to earn in the future, compensation for lost wages and diminished earning capacity may be included in the settlement.
  5. Long-term Effects: If the surgery has left you with long-term or permanent disabilities or impairments, the settlement value may increase to account for ongoing medical care and potential life-altering effects.
  6. Liability and Negligence: Establishing liability and proving that the property owner or another party was negligent in causing the slip and fall accident is crucial in determining the settlement amount.
  7. Insurance Coverage: The available insurance coverage, both from the liable party and your own insurance policies, can also impact the potential settlement amount.

Having an experienced personal injury attorney is vital in such cases, as they can assess the full extent of your damages, negotiate with the insurance company on your behalf, and ensure that you receive fair compensation for your injuries and losses.

If you have undergone surgery due to a slip and fall injury, seek medical attention immediately and consult with a personal injury attorney to understand your rights and options. They can evaluate the specifics of your case and provide a more accurate estimate of the potential settlement value based on the unique circumstances involved.

What Is a Settlement?

First and foremost, it is crucial to understand what a settlement is and what it means for you. Generally, a settlement is an agreed-upon amount of compensation that occurs outside of court. It is negotiated between the parties without the need for judicial intervention. A settlement will also typically dispel the defendant of any further liability or responsibility. Most cases resolve in a settlement, and only a small percentage go to trial. It is possible to negotiate a settlement on your own, but if you are inexperienced at negotiating with insurance companies, there is a high likelihood that you will not get the adjuster to give you what your case is worth. Insurance adjusters work to save their company money and pay you as little as possible. Therefore, it is best to have an experienced personal injury lawyer deal with the insurance company or defendant. Settlements will vary widely from case to case, not just in the amount but also in the type of settlement. Settlements can be in the form of lump sum payments or incremental payments. 

Slip-and-Fall Settlements

While there is no precise settlement calculator, several factors will be considered when determining slip and fall settlements. These include the following:

  • The severity of your injuries,
  • Present and future medical costs,
  • Lost wages,
  • Insurance policy limits, and
  • Applicable law.

A jury or judge will use these same factors when rendering an award should a case proceed to trial. 

Common Slip-and-Fall Injuries

There are a plethora of injuries that could occur as a result of a slip and fall, some more severe than others. Common slip-and-fall injuries include the following:

  • Broken bones,
  • Concussions,
  • Other traumatic brain injuries,
  • Spinal cord and neck injuries,
  • Wrist injuries,
  • Cuts and scrapes,
  • Hip fractures, and
  • Chronic pain.

A slip-and-fall accident can result in multiple injuries at once. Many of these require extensive medical treatment, including surgery and rehabilitation. In addition, many slip-and-fall injuries are not immediately apparent but manifest over hours, days, or weeks. If you are a victim of a slip-and-fall accident, it is imperative to seek legal representation as soon as possible. 

Types of Damages

There are generally three types of damages in slip and fall cases: economic, noneconomic, and punitive damages. Economic damages are intended to cover actual, calculable costs incurred due to your injuries, including medical bills and lost wages. Noneconomic damages are subjective or intangible losses that compensate you for the negative impact your slip-and-fall injuries have on your life. These include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.  While it is common for plaintiffs to recover economic and non-economic damages, only a tiny percentage recover punitive damages. Punitive damages are intended to punish a defendant for particularly egregious conduct.  Texas follows a modified comparative negligence standard, allowing a plaintiff to recover damages only if their percentage of fault for the fall is less than 51%. If a plaintiff is more than 51% at fault, they will likely be barred from compensation altogether.

Slip-and-Fall Settlements with Surgery

With the type of damages in mind, it is reasonable to conclude that slip-and-fall accident settlements will be larger for people who require surgery than for those who do not need surgery. Since economic damages are intended to cover the plaintiff’s medical bills, treatment requiring surgery is likely to have a higher price tag.  Typically, injuries requiring surgical repair are relatively severe. For instance, a broken hip requiring hip pinning is much more severe than a couple of bumps and bruises that merely require over-the-counter pain medication.  Slip-and-fall injuries resulting in surgical repair are also more likely to increase your noneconomic damages, mainly because of the extensive recovery period. You may be unable to work, engage in household chores, or participate in the social activities or sports you enjoyed before your injury. The inability to participate in these activities may be temporary or permanent, depending on the extent of your injuries. Still, it can undoubtedly lead to emotional distress, pain and suffering, loss of enjoyment of life, and more. 

Posted by Aaron Herbert at 7:10 am

What to Expect After Sending a Demand Letter in Your San Antonio Personal Injury Case

Monday, August 7, 2023

If you’ve sent a demand letter in your San Antonio personal injury case, you may be wondering how long it will take to reach a settlement. While every case is unique, there are some general timelines and factors to consider when it comes to settling your case. Understanding the process can help you manage your expectations and make informed decisions moving forward.

The purpose of a demand letter in a personal injury case.

The purpose of a demand letter in a personal injury case is to formally request compensation for your injuries and damages from the responsible party. It is a crucial step in the negotiation process and sets the tone for potential settlement discussions. The demand letter outlines the details of the accident, the injuries sustained, and the financial losses incurred as a result. It also includes a specific monetary amount that you are seeking as compensation. The letter is typically sent to the insurance company or the attorney representing the at-fault party, and it serves as a starting point for negotiations towards a fair settlement.

How to properly draft and send a demand letter.

Drafting and sending a demand letter in your San Antonio personal injury case requires careful attention to detail and a clear understanding of the process. Here are some steps to help you properly draft and send your demand letter:

  1. Gather all necessary information: Before drafting your demand letter, gather all relevant information about the accident, your injuries, and the financial losses you have incurred. This includes medical records, bills, receipts, and any other documentation that supports your claim.
  2. Clearly state your purpose: Begin your demand letter by clearly stating your purpose, which is to request compensation for your injuries and damages. Be concise and specific in describing the accident and the injuries you have suffered.
  3. Outline your damages: In the body of the letter, provide a detailed account of the damages you have incurred as a result of the accident. This may include medical expenses, lost wages, property damage, and pain and suffering. Use supporting documentation to substantiate your claims.
  4. Specify the amount of compensation: Clearly state the specific amount of compensation you are seeking in your demand letter. This should be a reasonable and fair amount based on your damages and the impact the accident has had on your life.
  5. Set a deadline for response: Include a deadline for the insurance company or the at-fault party’s attorney to respond to your demand letter. This will help ensure that your case moves forward in a timely manner.
  6. Proofread and edit: Before sending your demand letter, carefully proofread and edit it for clarity, grammar, and spelling errors. A well-written and professional letter will make a stronger impression.
  7. Send the letter via certified mail: It is important to send your demand letter via certified mail with a return receipt requested. This provides proof that the letter was sent and received by the intended recipient.

By following these steps, you can properly draft and send a demand letter that effectively communicates your claim for compensation in your San Antonio personal injury case.

The response timeline from the opposing party.

After sending a demand letter in your San Antonio personal injury case, it is important to understand the timeline for the opposing party’s response. Typically, the opposing party has a certain amount of time to review your demand letter and respond. This timeline can vary depending on the specific circumstances of your case and the jurisdiction in which it is being handled. In some cases, the opposing party may respond within a few weeks, while in others it may take several months. It is important to be patient during this process and to consult with your attorney for guidance on what to expect.

Negotiating a settlement offer.

Once the opposing party has reviewed your demand letter, they may choose to make a settlement offer. This is a proposed amount of compensation that they are willing to pay to resolve the case. Negotiating a settlement offer is a crucial step in the personal injury claims process. Your attorney will work with you to evaluate the offer and determine if it is fair and reasonable based on the damages you have suffered. If the offer is too low, your attorney will negotiate with the opposing party to try to reach a higher settlement amount. It is important to have a skilled negotiator on your side to ensure that you receive the compensation you deserve.

The potential outcomes if a settlement cannot be reached.

If a settlement cannot be reached after sending a demand letter in your San Antonio personal injury case, there are several potential outcomes. One possibility is that the case may proceed to litigation, where it will be resolved through a trial in court. This can be a lengthy and costly process, so it is important to carefully consider the potential risks and benefits before deciding to pursue litigation. Another option is alternative dispute resolution methods, such as mediation or arbitration, where a neutral third party helps facilitate a resolution between the parties. These methods can be less formal and more efficient than litigation, but the outcome will still depend on the willingness of both parties to negotiate and reach a compromise. Ultimately, the best course of action will depend on the specific circumstances of your case and the advice of your attorney.

Posted by Aaron Herbert at 7:00 am

Navigating the Legal Maze: Why Board-Certified Car Accident Lawyers in San Antonio are Essential

Wednesday, August 2, 2023

In today’s fast-paced world, car accidents are unfortunately a common occurrence. When faced with the aftermath of a car accident, navigating the legal maze can be overwhelming and confusing. That’s where board-certified car accident lawyers in San Antonio come in. These legal professionals possess a specialized expertise in handling car accident cases, ensuring that their clients receive the best possible representation. With their in-depth knowledge of the legal system and years of experience, board-certified car accident lawyers are essential in helping accident victims navigate the complex legal process and obtain the compensation they deserve. From gathering evidence to negotiating with insurance companies, these lawyers are skilled in every aspect of car accident law. By entrusting your case to a board-certified car accident lawyer in San Antonio, you can have peace of mind knowing that you have a dedicated advocate fighting for your rights and best interests. Don’t let the legal maze overwhelm you – seek the expertise of a board-certified car accident lawyer and let them guide you through the process with confidence.

Understanding the legal maze after a car accident

Getting involved in a car accident is a traumatic experience that can leave you physically injured and emotionally shaken. However, dealing with the legal aftermath can often be just as challenging. After a car accident, there are a multitude of legal considerations that must be taken into account. From filing insurance claims to gathering evidence and negotiating settlements, the process can quickly become overwhelming, especially for those who are unfamiliar with the legal system. This is where a board-certified car accident lawyer can be invaluable. These legal professionals have a deep understanding of car accident laws and can guide you through the complex legal maze, ensuring that your rights are protected and that you receive the compensation you deserve.

The importance of hiring a board-certified car accident lawyer

When it comes to handling a car accident case, hiring a board-certified car accident lawyer is essential. Unlike general practice lawyers who handle a wide range of legal matters, board-certified car accident lawyers specialize exclusively in car accident law. This specialization allows them to develop a deep understanding of the intricacies and nuances of car accident cases, making them highly effective advocates for their clients. By choosing a board-certified car accident lawyer, you can rest assured that your attorney has the knowledge and experience necessary to navigate the legal process with skill and precision.

What is board certification and why does it matter?

Board certification is a distinction awarded to lawyers who have demonstrated exceptional expertise in a specific area of law. To become board-certified, lawyers must undergo a rigorous evaluation process that includes peer review, written examination, and demonstration of substantial experience in their chosen field. Board certification is a mark of excellence and indicates that an attorney has met the highest standards of professional competence in their area of specialization. When it comes to car accident cases, hiring a board-certified lawyer is crucial. This certification ensures that your attorney has a deep understanding of the complexities of car accident law and is equipped with the skills necessary to handle your case effectively.

The benefits of hiring a board-certified car accident lawyer in San Antonio

When you hire a board-certified car accident lawyer in San Antonio, you gain access to a wealth of benefits. These lawyers have a comprehensive knowledge of the local legal landscape and are familiar with the specific laws and regulations that govern car accident cases in San Antonio. This familiarity allows them to navigate the legal process more efficiently and effectively, ensuring that your case is handled with the utmost care and attention. Additionally, board-certified car accident lawyers have established relationships with insurance companies and other key players in the legal system, which can be invaluable when it comes to negotiating settlements and securing the compensation you deserve. By hiring a board-certified car accident lawyer in San Antonio, you can level the playing field and increase your chances of obtaining a favorable outcome.

The expertise and experience of board-certified car accident lawyers

One of the primary advantages of hiring a board-certified car accident lawyer is their expertise and experience in handling car accident cases. These lawyers have spent years honing their skills and developing a deep understanding of the laws and regulations that govern car accidents. They have successfully represented numerous clients in similar cases and are well-versed in the strategies and tactics that can lead to a favorable outcome. When you hire a board-certified car accident lawyer, you benefit from their extensive knowledge and experience, giving you a significant advantage in your case.

How board-certified car accident lawyers navigate the legal process

The legal process following a car accident can be complex and confusing. From gathering evidence to filing insurance claims and negotiating settlements, there are numerous steps that must be taken to ensure a successful outcome. Board-certified car accident lawyers are skilled at navigating this process and can guide you every step of the way. They will conduct a thorough investigation of the accident, gather evidence, interview witnesses, and work with experts to build a strong case on your behalf. Additionally, they will handle all communication with insurance companies, ensuring that your rights are protected and that you receive the compensation you deserve.

The role of board-certified car accident lawyers in negotiating settlements

Negotiating a fair settlement after a car accident is often a complex and challenging process. Insurance companies are notorious for offering lowball settlements in an attempt to minimize their financial liability. Board-certified car accident lawyers are skilled negotiators who have experience dealing with insurance companies. They understand the tactics that insurance adjusters use and can effectively counter their arguments to secure a fair settlement on your behalf. By hiring a board-certified car accident lawyer, you can level the playing field and increase your chances of obtaining the maximum compensation available.

Board-certified car accident lawyers vs. general practice lawyers

While general practice lawyers may be competent in handling a wide range of legal matters, they often lack the specialized knowledge and experience necessary to effectively handle car accident cases. Board-certified car accident lawyers, on the other hand, have dedicated their careers to mastering the intricacies of car accident law. They possess a deep understanding of the legal and technical aspects of car accidents and can apply this knowledge to build a strong case on your behalf. By hiring a board-certified car accident lawyer, you can ensure that you have an experienced professional advocating for your rights and best interests.

How to find and choose the right board-certified car accident lawyer in San Antonio

When it comes to choosing a board-certified car accident lawyer in San Antonio, there are several factors to consider. Start by researching local law firms and attorneys specializing in car accident cases. Look for board-certified lawyers who have a proven track record of success in handling car accident cases similar to yours. Read client reviews and testimonials to get a sense of their reputation and level of client satisfaction. Additionally, schedule consultations with potential lawyers to discuss your case and gauge their level of expertise and professionalism. By taking the time to find and choose the right board-certified car accident lawyer, you can ensure that you have a skilled advocate on your side.

Conclusion: Why board-certified car accident lawyers are essential in navigating the legal maze

Navigating the legal maze after a car accident can be overwhelming and confusing. The complex nature of car accident cases requires specialized knowledge and experience, which is why hiring a board-certified car accident lawyer is essential. These legal professionals possess the expertise and skills necessary to guide you through the legal process with confidence. From gathering evidence to negotiating settlements, they will handle every aspect of your case, ensuring that your rights are protected and that you receive the compensation you deserve. If you’ve been involved in a car accident in San Antonio, don’t let the legal maze overwhelm you. Seek the assistance of a board-certified car accident lawyer and let them navigate the complex legal process on your behalf. With their help, you can focus on your recovery while knowing that you have a dedicated advocate fighting for your rights and best interests.

Posted by Aaron Herbert at 8:20 am

The Unfortunate Reality: Scaffolding Accidents in San Antonio and How to Prevent Them

Wednesday, August 2, 2023

In the bustling city of San Antonio, construction sites are a common sight. With numerous skyscrapers and buildings being erected at every corner, scaffoldings have become an essential part of the construction process. However, amidst the progress and development, there lies an unfortunate reality – scaffolding accidents. These accidents not only jeopardize the safety and well-being of the workers but also pose a significant risk to the overall construction project. As a highly skilled assistant specializing in digital marketing, I have delved deep into this issue to shed light on the causes of these accidents and, more importantly, how they can be prevented. In this article, we will explore the common causes behind scaffolding accidents, the impact they have on the workers and the construction industry, and the proactive measures that can be taken to ensure a safe working environment. Join me as we uncover the steps and precautions that can be implemented to prevent these unfortunate accidents and strive towards a safer San Antonio.

The Frequency and Severity of Scaffolding Accidents

Scaffolding accidents are more common than one might think, and their consequences can be severe. According to the Occupational Safety and Health Administration (OSHA), falls from heights, including falls from scaffolding, are one of the leading causes of death in the construction industry. In fact, about 40% of construction-related fatalities are attributed to falls. These accidents not only result in fatalities but also lead to numerous injuries, ranging from broken bones to traumatic brain injuries.

One of the reasons scaffolding accidents occur frequently is the lack of proper safety measures and precautions. Many construction companies prioritize completing projects on time and within budget, often neglecting the importance of worker safety. This negligence can have devastating consequences, both for the workers involved and the reputation of the construction industry as a whole.

To address this issue, it is crucial to delve into the common causes of scaffolding accidents and identify the steps that can be taken to prevent them.

Common Causes of Scaffolding Accidents

Scaffolding accidents can occur due to a variety of reasons, and understanding these causes is essential for preventing future incidents. One of the primary causes is improper installation and assembly of scaffolding. When scaffoldings are not erected correctly or are not secured properly, they can collapse or become unstable, leading to accidents.

Another common cause of scaffolding accidents is the lack of proper training and supervision. Workers who are not adequately trained in scaffolding safety procedures may not be aware of the potential risks and the correct ways to mitigate them. Without proper guidance, workers may unknowingly engage in unsafe practices, increasing the likelihood of accidents.

Additionally, scaffolding accidents can occur due to environmental factors such as adverse weather conditions. High winds, heavy rain, or slippery surfaces can make scaffoldings unstable and increase the risk of falls and other accidents.

The Importance of Proper Training and Education

To prevent scaffolding accidents, it is crucial to prioritize proper training and education for all workers involved in construction projects. Training programs should cover topics such as scaffold assembly, inspection, and dismantling, as well as safe work practices while using scaffoldings.

By providing comprehensive training, employers can ensure that workers are equipped with the knowledge and skills necessary to identify potential hazards and take appropriate measures to prevent accidents. Regular refresher courses and ongoing education can also help reinforce safe practices and keep workers updated on any changes in safety regulations.

Moreover, supervisors and team leaders should play an active role in providing guidance and supervision to workers using scaffoldings. Regular safety meetings and toolbox talks can serve as platforms to address any concerns, clarify safety procedures, and reinforce the importance of adhering to safety guidelines.

OSHA Regulations and Guidelines for Scaffolding Safety

The Occupational Safety and Health Administration (OSHA) has established regulations and guidelines specifically aimed at scaffolding safety. These regulations outline the minimum safety requirements that employers must follow to ensure the well-being of workers using scaffoldings.

Some of the key OSHA regulations include:

1. Ensuring that scaffoldings are capable of supporting their own weight and at least four times the maximum intended load.

2. Regular inspection of scaffoldings by a competent person before each work shift and after any incidents that may affect their structural integrity.

3. Providing fall protection systems, such as guardrails and personal fall arrest systems, to prevent falls from scaffoldings.

4. Prohibiting the use of scaffoldings during storms, high winds, or other adverse weather conditions that could compromise their stability.

By adhering to these regulations, employers can significantly reduce the risk of scaffolding accidents and create a safer working environment for their employees.

Best Practices for Preventing Scaffolding Accidents

In addition to following OSHA regulations, there are several best practices that construction companies and workers can implement to prevent scaffolding accidents. These practices can help create a culture of safety and ensure that every individual is actively engaged in maintaining a secure work environment.

One of the key best practices is conducting regular safety inspections of scaffoldings. These inspections should be performed by competent individuals who have received proper training in scaffold safety. Inspections should check for any signs of damage, instability, or potential hazards, and any issues should be promptly addressed and resolved.

Another crucial aspect of preventing scaffolding accidents is the proper use of personal protective equipment (PPE). Workers should be provided with and required to wear appropriate PPE, such as hard hats, safety harnesses, and non-slip footwear. Additionally, workers should be trained on how to use and maintain their PPE effectively.

Furthermore, communication and collaboration among workers are essential for maintaining a safe working environment. Workers should be encouraged to report any safety concerns or incidents promptly, and supervisors should address these concerns immediately. Regular safety meetings and toolbox talks can also serve as platforms to discuss safety procedures, share lessons learned from past incidents, and promote a collective commitment to safety.

Safety Equipment and Inspections for Scaffolding

The proper use of safety equipment is crucial for preventing scaffolding accidents. Alongside personal protective equipment (PPE), additional safety measures can be implemented to enhance scaffold safety.

One such measure is the installation of guardrails. Guardrails provide a physical barrier that prevents workers from accidentally falling off the scaffoldings. OSHA regulations require guardrails to be installed on scaffolds that are more than 10 feet above the ground or floor level.

Another important safety equipment is the use of personal fall arrest systems (PFAS). PFAS consists of a harness, a lanyard, and an anchor point, and it is designed to arrest a worker’s fall should they slip or lose balance on a scaffold. PFAS should be properly inspected, maintained, and used according to manufacturer guidelines.

Regular inspections of scaffoldings are crucial to identify any potential issues or hazards that may compromise their safety. These inspections should be conducted by a competent person who is knowledgeable about scaffold safety. Inspections should cover structural integrity, stability, proper assembly, and the condition of components such as planks and guardrails.

Case Studies of Scaffolding Accidents in San Antonio

To further emphasize the importance of preventing scaffolding accidents, let’s take a look at a couple of case studies from San Antonio.

**Case Study 1:**

In 2018, a construction worker in San Antonio fell from a scaffold and suffered severe injuries. The accident occurred due to improper installation and inadequate safety measures. The construction company was found to have neglected OSHA regulations and failed to provide necessary training and supervision to its workers. As a result, the company faced significant legal consequences and damage to its reputation.

**Case Study 2:**

In 2020, another scaffolding accident occurred in San Antonio, resulting in the death of a worker. The accident was caused by a faulty scaffold that collapsed due to poor assembly and insufficient structural support. The construction company was found to have ignored safety guidelines and failed to conduct proper inspections. The tragedy not only led to a loss of life but also highlighted the dire need for improved safety measures in the construction industry.

These case studies serve as sobering reminders of the devastating consequences that scaffolding accidents can have on workers and the construction industry as a whole. It is essential for construction companies to learn from these incidents and take proactive measures to prevent similar accidents in the future.

Legal Considerations and Liability in Scaffolding Accidents

Scaffolding accidents can have legal implications, and it is crucial for all parties involved to understand their responsibilities and potential liabilities. Employers have a legal obligation to provide a safe working environment for their employees, including ensuring the proper installation and maintenance of scaffoldings, providing necessary training, and following OSHA regulations.

Failure to meet these obligations can result in legal consequences, including fines, penalties, and possible lawsuits. In the event of a scaffolding accident, employers may be held liable for any injuries or fatalities that occur due to their negligence or failure to meet safety standards.

Workers, on the other hand, also have a responsibility to follow safety guidelines, use provided safety equipment correctly, and report any safety concerns to their supervisors. By adhering to these responsibilities, workers can help ensure their own safety and contribute to the prevention of scaffolding accidents.

Conclusion and Call to Action for Improved Scaffolding Safety Measures

Scaffolding accidents in San Antonio are an unfortunate reality that must be addressed. The frequency and severity of these accidents highlight the need for proactive measures to prevent future incidents. By prioritizing proper training and education, following OSHA regulations and guidelines, implementing best practices, and conducting regular inspections, construction companies can create a safer working environment for their employees.

It is essential for all stakeholders in the construction industry, including employers, workers, and regulatory bodies, to collaborate and work towards improved scaffolding safety measures. By doing so, we can strive towards a safer San Antonio, where construction projects can progress without compromising the well-being of those involved.

Preventing scaffolding accidents is not only a legal and moral responsibility but also a necessary step towards upholding the reputation of the construction industry and ensuring the safety and livelihoods of workers. Let us join hands and commit to making San Antonio a city where scaffolding accidents become a thing of the past. Together, we can build a safer future.

Posted by Aaron Herbert at 8:04 am

The Alarming Rise of Pedestrian Accidents in Texas: What You Need to Know

Saturday, July 29, 2023

In recent years, Texas has experienced a worrisome surge in pedestrian accidents, raising concerns among both residents and authorities. As the Lone Star State continues to grow and urbanize, the roads have become increasingly crowded, leading to a dangerous environment for pedestrians. The statistics are alarming, with a significant increase in pedestrian fatalities and injuries. This trend has prompted the need for a deeper understanding of the causes, consequences, and preventive measures surrounding these accidents.

In this article, we will delve into the factors contributing to the rise of pedestrian accidents in Texas and provide essential information that every Texan needs to know. From distracted driving to inadequate pedestrian infrastructure, we will explore the various elements that play a role in these accidents. Additionally, we will discuss the legal rights of pedestrians and offer tips on how to stay safe while navigating the streets of Texas. By raising awareness and promoting responsible behavior, we can work together to make our roads safer for everyone.

Factors Contributing to the Rise in Pedestrian Accidents

Texas’ rapid population growth and urban development have significantly contributed to the rise in pedestrian accidents. As more people move to Texas, the roads have become increasingly congested, increasing the likelihood of accidents involving pedestrians.

Additionally, the lack of proper pedestrian infrastructure, such as sidewalks, crosswalks, and pedestrian-friendly traffic signals, has made it more challenging for pedestrians to navigate safely.

Furthermore, distracted driving has become a prevalent issue, with drivers frequently using their phones or engaging in other distracting behaviors while behind the wheel. These factors combined have created a perfect storm for the alarming increase in pedestrian accidents in Texas.

Pedestrian Accident Statistics in Texas

In Texas, TxDOT data for 2022 shows 825 deadly traffic crashes involving pedestrians, which resulted in 828 deaths. In 2021, TxDOT says there were 5,370 crashes involving pedestrians which resulted in 843 deaths, a 15 percent increase in pedestrian deaths over the previous year.

These numbers highlight the urgent need for action to address the growing concern of pedestrian safety in Texas. By understanding the statistics, we can better grasp the severity of the issue and the importance of implementing preventive measures.

Common Causes of Pedestrian Accidents

Several factors contribute to pedestrian accidents in Texas. One of the primary causes is distracted driving. With the widespread use of smartphones and other electronic devices, drivers often find themselves distracted, taking their attention away from the road and increasing the risk of colliding with pedestrians. Another common cause is failure to yield the right of way.

Drivers frequently fail to give pedestrians the right of way at crosswalks or when making turns, leading to dangerous situations. Poorly designed or inadequate pedestrian infrastructure also plays a role, as it forces pedestrians to navigate unsafe routes or cross busy roads without proper crosswalks. Additionally, drivers exceeding speed limits or violating traffic laws contribute to the rising number of pedestrian accidents in Texas.

Understanding Pedestrian Rights and Responsibilities

As pedestrians, it is crucial to understand our rights and responsibilities on the road to ensure our safety. Pedestrians have the right of way at marked crosswalks and unmarked intersections. However, it is essential to exercise caution and not assume that drivers will always yield.

Pedestrians should always use designated crosswalks when available and wait for the appropriate signal before crossing. It is also crucial to avoid distractions while walking, such as using smartphones or wearing headphones, as these can impair our ability to notice potential hazards. By understanding our rights and responsibilities, we can take proactive steps to protect ourselves on the road.

Tips for Pedestrians to Stay Safe on the Road

Navigating the streets of Texas as a pedestrian can be challenging, but there are steps we can take to stay safe. First and foremost, it is crucial to be aware of our surroundings and make eye contact with drivers before crossing the road. Using designated crosswalks and obeying traffic signals are essential for our safety.

Wearing bright, reflective clothing and using a flashlight when walking at night can increase our visibility to drivers. Additionally, it is crucial to stay off the road when under the influence of alcohol or drugs, as impaired judgment can lead to dangerous situations. By following these tips, pedestrians can significantly reduce their risk of being involved in an accident.

Tips for Drivers to Prevent Pedestrian Accidents

As drivers, we have a responsibility to prioritize the safety of pedestrians on the road. One of the most critical steps we can take is eliminating distractions while driving, such as using our phones or engaging in other activities that take our attention away from the road. It is essential to always yield the right of way to pedestrians at crosswalks and intersections. When turning, be sure to check for pedestrians in the designated crosswalk before proceeding.

Adhering to speed limits and other traffic laws is crucial, as excessive speed can reduce our ability to react in time to avoid colliding with pedestrians. By adopting these responsible driving habits, we can help create a safer environment for pedestrians in Texas.

Legal Implications and Consequences of Pedestrian Accidents

When a pedestrian accident occurs, there are legal implications and consequences for both the driver and the injured pedestrian. Drivers who fail to exercise reasonable care and cause harm to pedestrians can be held liable for the injuries and damages they cause. Pedestrians who are injured in accidents often have the right to seek compensation for medical expenses, pain and suffering, lost wages, and other damages.

It is crucial for both drivers and pedestrians to be aware of their legal rights and responsibilities in the event of an accident. Seeking legal advice from experienced professionals can help ensure that the rights of all parties involved are protected and that appropriate legal action is taken.

Support and Resources for Pedestrian Accident Victims

For those who have been involved in pedestrian accidents, there are resources and support available to help navigate the aftermath. Local organizations and support groups provide assistance to victims and their families, offering emotional support and guidance throughout the recovery process.

Additionally, legal professionals specializing in personal injury law can provide valuable advice and representation to ensure that victims receive the compensation they deserve. By seeking the necessary support and resources, pedestrian accident victims can take steps towards rebuilding their lives and securing their future.

Conclusion and Call to Action for Increased Pedestrian Safety Measures in Texas

The alarming rise in pedestrian accidents in Texas is a pressing issue that demands immediate attention. By understanding the contributing factors, statistics, and legal implications surrounding these accidents, we can work towards implementing effective preventive measures. Both pedestrians and drivers play a crucial role in ensuring road safety.

By raising awareness, adhering to traffic laws, and practicing responsible behavior, we can protect ourselves and others on the road. It is essential for authorities and communities to invest in improved pedestrian infrastructure, such as well-designed crosswalks, sidewalks, and traffic signals, to create a safer environment for pedestrians. Together, we can strive towards reducing the number of pedestrian accidents in Texas and making our roads safer for everyone.

Posted by Aaron Herbert at 9:48 am

What to Do When You Witness an Accident in Texas: A Guide to Responsibly Responding

Saturday, July 29, 2023

Accidents can happen at any time and in any place, and when we witness them, it’s crucial to know how to respond responsibly. In the state of Texas, where bustling highways and busy intersections are a part of everyday life, being prepared to act swiftly and effectively is essential. Whether you come across a minor fender bender or a more serious collision, knowing the appropriate steps to take can make a significant difference in the outcome for those involved. In this guide, we will explore what to do when you witness an accident in Texas, providing you with the knowledge and tools to respond in a calm and responsible manner.

From ensuring the safety of all parties involved to contacting the necessary authorities, we will cover the essential steps to take, ensuring that you can offer assistance while keeping yourself and others out of harm’s way. So, let’s dive in and discover how you can make a difference when you find yourself in this unexpected situation.

Understanding your legal obligations as a witness

As a witness to an accident in Texas, you have certain legal obligations that you need to be aware of. It is important to understand that your role as a witness is to provide an accurate account of what you saw and heard. Your testimony can be crucial in determining fault and liability, and it can greatly impact the outcome of any legal proceedings that may follow the accident. It is therefore essential that you take your responsibilities as a witness seriously.

One of the first things you should do as a witness is to remain at the scene of the accident until law enforcement arrives. Leaving the scene prematurely can lead to legal consequences, and it can also hinder the investigation process. By staying at the scene, you can ensure that you are available to provide your account of the events to the authorities.

In addition to staying at the scene, you should also avoid discussing the accident with anyone other than the police and your legal counsel. Giving statements to insurance adjusters or discussing the accident on social media can potentially compromise your credibility as a witness. It is best to leave the investigation and communication to the appropriate authorities and legal professionals.

Remember, your role as a witness is to provide an accurate account of the accident, not to assign blame or speculate on what may have happened. Stick to the facts as you observed them, and let the legal process take its course.

Assessing the situation and ensuring your safety

When you witness an accident in Texas, it is important to first assess the situation and ensure your own safety. Before rushing to provide assistance, take a moment to evaluate the scene and determine if there are any immediate dangers.

If the accident has occurred on a busy highway or intersection, it is essential to exercise caution and move to a safe location. Turn on your hazard lights, and if possible, pull over to the side of the road or find a safe spot away from traffic. This will help prevent any further accidents or injuries.

Once you have ensured your own safety, carefully evaluate the accident scene and the condition of those involved. If you notice any immediate danger, such as smoke or fire, it is crucial to act quickly. Alert the authorities and help evacuate anyone who may be at risk.

If the accident appears to be minor and there are no immediate dangers, keep a safe distance and wait for the authorities to arrive. It may be tempting to rush in and provide assistance, but it is important to remember that you are not a trained medical professional. Your primary role as a witness is to ensure that the appropriate authorities are notified and that you can provide an accurate account of the events.

Contacting emergency services

Once you have assessed the situation and ensured your own safety, the next step is to contact emergency services. In Texas, the emergency number to dial is 911. When making the call, be prepared to provide the following information:

– Your name and location

– The location of the accident

– The number of vehicles involved

– A brief description of the accident and any injuries

It is important to remain calm and provide clear and concise information to the operator. This will help emergency services respond quickly and appropriately to the situation.

After contacting emergency services, it is crucial to stay on the line until the operator tells you it is safe to hang up. They may need to gather additional information or provide you with instructions on how to assist those involved in the accident. It is important to follow their guidance and cooperate fully.

Providing accurate information to emergency responders

When emergency responders arrive at the scene, it is important to provide them with accurate and detailed information about what you witnessed. This includes any relevant details about the accident, such as the sequence of events, the positions of the vehicles involved, and any other factors that may have contributed to the accident.

Be prepared to answer any questions the responders may have, and provide your contact information in case they need to follow up with you later. Remember, your role as a witness is to assist the authorities in their investigation, so it is important to provide as much information as possible.

Offering assistance to those involved in the accident

While it is important to be cautious and avoid putting yourself in harm’s way, there may be situations where you can offer assistance to those involved in the accident. If you have received basic first aid training and feel comfortable providing assistance, you can offer to help with minor injuries until medical professionals arrive.

Keep in mind that you should only provide assistance within the limits of your training and comfort level. If someone is seriously injured or unconscious, it is best to wait for medical professionals to arrive. They have the necessary training and equipment to provide proper care.

If you are unable or uncomfortable providing physical assistance, you can still offer support and reassurance to those involved. Being present and offering a calming presence can make a significant difference in a stressful situation.

Documenting the accident scene

As a witness, it is important to document the accident scene to the best of your ability. This includes taking photographs or videos of the vehicles involved, the positions of the vehicles, and any visible damage. These visual records can be valuable evidence in any legal proceedings that may follow the accident.

Additionally, you should also take notes about what you observed. This can include details about the weather conditions, the behavior of those involved, and any other relevant information. The more detailed your documentation, the more helpful it can be in reconstructing the events leading up to the accident.

Providing a statement to law enforcement

When law enforcement arrives at the scene, they will likely want to speak with you as a witness. It is important to provide an accurate and detailed statement about what you witnessed. Stick to the facts as you observed them and avoid speculating or making assumptions.

Answer any questions the officer asks to the best of your ability and provide any additional information that may be relevant to the investigation. Be cooperative and respectful throughout the process, as your statement can greatly impact the outcome of any legal proceedings.

Cooperating with law enforcement and insurance companies

After providing your statement to law enforcement, you may also be contacted by insurance companies representing those involved in the accident. It is important to remember that you are under no obligation to speak with insurance adjusters or provide them with any information.

If you do choose to speak with insurance adjusters, it is important to be cautious and avoid making any statements that could be misinterpreted or used against you or those involved in the accident. Stick to the facts as you observed them and avoid assigning blame or speculating on what may have happened.

Seeking medical attention if necessary

If you have been involved in the accident or have sustained any injuries while witnessing the accident, it is important to seek medical attention promptly. Even if your injuries seem minor at first, it is always best to have them evaluated by a medical professional.

Seeking medical attention not only ensures that you receive the necessary care, but it also creates a record of your injuries, which can be important if you need to file a claim or seek compensation later on.

Reporting the accident to your insurance company

If you were driving a vehicle at the time of the accident, it is important to report the incident to your insurance company as soon as possible. They will guide you through the claims process and provide you with the necessary information to move forward.

When reporting the accident, provide your insurance company with accurate and detailed information about what you witnessed. This will help them assess the situation and determine the appropriate course of action.

Following up with any additional information or testimony

As the legal process unfolds, you may be called upon to provide additional information or testify in court. It is important to cooperate fully with any requests from law enforcement or the legal system. Your testimony as a witness can greatly impact the outcome of any legal proceedings, so it is important to be prepared and provide accurate and detailed information.

Conclusion: The importance of being a responsible witness and helping those in need

Being a witness to an accident in Texas comes with important responsibilities. By understanding your legal obligations, assessing the situation, and ensuring your own safety, you can respond in a responsible manner. Contacting emergency services, providing accurate information, and offering assistance within your capabilities can make a difference in the outcome for those involved.

Documenting the accident scene, providing a statement to law enforcement, and cooperating with insurance companies are additional steps you can take to support the investigation. Seeking medical attention if necessary, reporting the accident to your insurance company, and following up with any additional information or testimony are important actions to take to protect your interests and support the legal process. By being a responsible witness, you can make a positive impact and help those in need during an unexpected and challenging situation.

Posted by Aaron Herbert at 9:37 am

How to Identify a Great Personal Injury Attorney: Key Traits to Look For

Saturday, July 29, 2023

When it comes to personal injury cases, finding the right attorney can make all the difference in the world. But with so many options out there, how do you identify a truly great personal injury attorney? It’s not just about their qualifications and experience, although those are certainly important. It’s also about their key traits and qualities that set them apart from the rest. In this article, we will dive into the essential traits to look for when searching for a top-notch personal injury attorney. From excellent communication skills and empathy to a proven track record of success and a willingness to go the extra mile, these traits can make a significant impact on your case. So, whether you’ve been injured in a car accident, slip and fall incident, or any other type of personal injury, this guide will help you navigate the process of finding the right attorney to fight for your rights and get the compensation you deserve.

The importance of hiring a great personal injury attorney

A personal injury attorney plays a crucial role in protecting your rights and ensuring you receive fair compensation for your injuries. Whether you’ve been injured in a car accident, a workplace incident, or any other type of accident caused by someone else’s negligence, having the right attorney by your side can make a world of difference.

First and foremost, a great personal injury attorney has the knowledge and expertise to navigate complex legal processes. Personal injury law can be complicated, and having an attorney who specializes in this area ensures that you have someone who understands the intricacies of the law and can effectively advocate for your rights.

Moreover, a skilled attorney knows how to assess the value of your case. They will consider factors such as medical expenses, lost wages, pain and suffering, and future medical needs to determine the appropriate amount of compensation you should seek. This knowledge and experience can significantly impact the outcome of your case.

Lastly, a great personal injury attorney will handle all aspects of your case, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. This allows you to focus on your recovery while knowing that your legal matters are being handled by a professional who has your best interests at heart.

Qualities to look for in a personal injury attorney

### Experience and expertise in personal injury law

One of the first things to consider when looking for a personal injury attorney is their experience and expertise in the field. Personal injury law is a specialized area of law, and it’s important to find an attorney who has dedicated their practice to this specific area.

An experienced personal injury attorney will have a deep understanding of the legal principles and procedures involved in personal injury cases. They will have handled cases similar to yours in the past and will know how to build a strong case on your behalf.

Additionally, an attorney with expertise in personal injury law will have established relationships with experts in various fields. This can be invaluable when it comes to gathering evidence and building a solid case. They will have access to medical professionals, accident reconstruction specialists, and other experts who can provide testimony to support your claim.

Strong communication and negotiation skills

Effective communication is key in any legal case, and personal injury cases are no exception. A great personal injury attorney should be an excellent communicator, both orally and in writing. They should be able to clearly explain complex legal concepts to you and keep you informed about the progress of your case.

Furthermore, negotiation skills are essential when it comes to reaching a favorable settlement. A skilled attorney knows how to effectively negotiate with insurance companies and other parties involved in your case. They will fight for your rights and ensure that you receive the compensation you deserve.

A track record of successful case outcomes

When considering a personal injury attorney, it’s important to look at their track record of success. A great attorney will have a proven history of achieving favorable outcomes for their clients.

Ask the attorney about their past cases and the results they have obtained. Look for evidence of significant settlements or verdicts in cases similar to yours. This will give you confidence that the attorney has the skills and experience necessary to handle your case effectively.

A compassionate and client-focused approach

Dealing with a personal injury can be a traumatic and overwhelming experience. That’s why it’s crucial to find an attorney who is not only knowledgeable and skilled but also compassionate and empathetic.

A great personal injury attorney will take the time to understand your unique situation and the impact your injuries have had on your life. They should genuinely care about your well-being and be committed to fighting for your rights. Look for an attorney who treats you with respect and listens to your concerns.

Availability and responsiveness

When you’re going through a personal injury case, you want an attorney who is accessible and responsive. A great attorney should promptly return your calls and emails and keep you updated on the progress of your case.

It’s also important to consider the attorney’s caseload. While a busy attorney may be a good sign that they are in demand, you don’t want to hire someone who is too overloaded to give your case the attention it deserves. Find an attorney who has the capacity to handle your case effectively.

References and testimonials from past clients

Before making a final decision, it’s a good idea to ask the attorney for references or testimonials from past clients. Hearing about other clients’ experiences can provide valuable insight into the attorney’s abilities and how they handle their cases.

Take the time to reach out to these references and ask about their experience working with the attorney. Were they satisfied with the outcome of their case? Did the attorney communicate effectively? Were they responsive to their needs? These testimonials can help you make an informed decision.

Fees and payment structure

Finally, it’s important to discuss the attorney’s fees and payment structure upfront. Most personal injury attorneys work on a contingency fee basis, which means they only get paid if they win your case. However, the specific percentage they charge can vary.

Make sure you understand how the attorney’s fees will be calculated and any additional costs you may be responsible for. It’s also a good idea to get the fee agreement in writing to avoid any misunderstandings later on.

Important qualities for a personal injury attorney include:

Expertise and Experience: 

An excellent personal injury attorney should have a strong background and extensive experience in handling personal injury cases. This expertise allows them to understand the intricacies of personal injury law, insurance policies, and the tactics employed by opposing counsel.

Communication Skills: 

Effective communication is crucial for a personal injury attorney. They need to be able to clearly articulate complex legal concepts to their clients and communicate with other parties involved in the case, such as insurance adjusters, medical professionals, and the court.

Negotiation Skills: 

Many personal injury cases are settled out of court through negotiations. A skilled attorney should be adept at negotiation to ensure their clients receive fair compensation for their injuries and losses.

Analytical and Problem-Solving Abilities: 

Personal injury cases often involve complex legal issues and large volumes of evidence. An attorney needs to possess strong analytical and problem-solving skills to build a robust case for their client.

Empathy and Compassion

Dealing with individuals who have suffered injuries and emotional distress requires empathy and compassion. A good attorney should be understanding and supportive while guiding their clients through the legal process.

Trial Experience: 

While many cases are resolved through settlements, some may go to trial. An attorney with trial experience is better equipped to represent their client effectively in court, if necessary.

Attention to Detail: 

Personal injury cases often involve extensive documentation, medical records, and evidence. An attorney who pays attention to detail can spot critical information that may strengthen the case.

Client-Focused Approach:

A great personal injury attorney prioritizes their client’s best interests. They should be responsive, accessible, and keep the client informed about the progress of the case.

Tenacity and Perseverance: 

Personal injury cases can be lengthy and complex. A dedicated attorney must be tenacious in pursuing justice for their clients and persevering through any challenges that arise.

Legal and Industry Knowledge: 

Apart from a deep understanding of personal injury law, an attorney should be aware of recent changes in legislation and industry trends that could impact the case. A Board certified Personal Injury litigation specialist has superior knowledge in injury cases and especially before a judge and jury at trial.

Reputation and Integrity: 

A personal injury attorney’s reputation within the legal community and with previous clients can be indicative of their professionalism and integrity.

Specialization in the Right Area of Practice:

Just like doctors have various specialties, lawyers have specific areas of expertise, too. By focusing on a particular area of law, they’re able to learn the law in depth. While it might seem tempting to use your divorce lawyer for a personal injury case, choose wisely! Experience in the area of practice gives an attorney the skills and insights to pursue the best possible result for you.

A Fully-Equipped Legal Team That Can Handle a Range of Legal Issues:

Each case is unique. Some cases require expert witnesses, and some of those witnesses may be more than reluctant. There may be confusing evidentiary issues or other problems you may not know how to navigate. A good personal injury lawyer surrounds themselves with a team of board certified attorneys and the resources to handle unique issues in each case.

Research and Writing Skills:

A lot of advocating for a client is done in writing. In fact, to begin your case, the attorney prepares and files written documents. A good personal injury attorney knows how to research legal issues and present them in written arguments to the court. Effective research and writing skills are qualities that make for an excellent attorney.

Oral Advocacy Skills:

While research and writing are necessary, ultimately, a trial is conducted by speaking. An attorney has to effectively argue to a jury and the judge. They have to be able to tell a story to the people who decide the case. Engaging and convincing public speaking skills are necessary to be an outstanding lawyer.

Active Listening Skills:

An attorney won’t represent you well if they don’t know you well. They need to know the facts of the case, from your perspective. They also need to know what’s most important to you as you pursue your claim. An attorney should ask you questions and actively listen to you and involve you. They should listen to your concerns. Without listening, they can’t effectively represent your best interests nor can they adequately negotiate with opposing counsel.

Thorough Investigative Skills in Pursuit of Your Case:

A quality personal injury lawyer pursues the case in detail and with superior investigative skills. They don’t just talk to one witness; they speak to all the witnesses and line up expert witnesses as needed. They prepare for potential evidentiary issues, and they file motions for their clients. What makes for a good personal injury lawyer is dedication to a thorough pursuit of a case utilizing the latest investigative methods.

Trial Experience With a Settlement History:

Some attorneys like to conduct trials. Other attorneys want to settle every case. However, a good personal injury attorney has a track record of doing both. Most cases should settle. But an attorney should be able and willing to take a case to trial when it’s appropriate. An experienced attorney knows when to try a case and when to settle it, especially if they are board certified.

A Clearly Stated Fee Agreement:

A clear fee agreement is an essential part of being a good lawyer. A client needs to know how the lawyer gets paid for the services that they provide. The agreement should be in writing and signed by both parties. The client should have the opportunity to ask questions, and the contract should be in plain language that the client can understand. At Aaron Herbert Law Firm we do not get paid unless we win.

Conclusion: Finding the right personal injury attorney for your case

In conclusion, finding a great personal injury attorney involves more than just looking at their qualifications and experience. It’s about finding an attorney who possesses the key traits and qualities that set them apart from the rest.

Look for an attorney with experience and expertise in personal injury law, strong communication and negotiation skills, and a track record of successful case outcomes. They should also have a compassionate and client-focused approach, be accessible and responsive, and have positive references from past clients.

Remember to discuss the attorney’s fees and payment structure upfront to ensure you are comfortable with the arrangement. By considering these essential traits, you can increase your chances of finding the right personal injury attorney who will fight for your rights and help you obtain the compensation you deserve.

Posted by Aaron Herbert at 9:25 am

What Can I Do if Injured While Rock Climbing?

Monday, November 20, 2017

Rock climbing can be a fun and safe pastime, if you practice it correctly. Gyms all over the country have caught onto the trend, and now rock-climbing walls are ubiquitous. These gyms provide a fun way to get some physical activity, but they can also be dangerous. What happens when you’re injured while using a climbing wall? Can you legally sue the gym where it happened? Learn about liability as it pertains to rock climbing.

Premises Liability Concerns

One of the biggest theories pertaining to rock-climbing injuries is that of premises liability. This is a very complex area of the law, but it basically asserts that anyone who owns a property must be reasonably careful in its upkeep and make it safe for visitors. If a property owner knew or should have known that a dangerous condition existed but didn’t fix it, you may have legal grounds for a claim.

Rock walls require regular maintenance. If owners don’t regularly check steps, ropes, or other equipment and it falls into disrepair, causing injury, you may be able to file a lawsuit on the grounds of premises liability.

Product Liability Concerns

On the other hand, sometimes the fault is not with the property owner, but the manufacturer of the equipment. If a defective piece of safety gear (or the wall itself) leads to your injury, it becomes a matter of product liability law. Manufacturers can commit negligence if they distribute products that have an inherent flaw in design, or even a defective batch. Retailers may even be responsible if they sell an unsafe product – for example, a safety harness that has been subject to recall.

What about Waivers of Liability?

Rock climbing accidents may be unique in that many gyms have participants sign a “waiver of responsibility.” This serves as protection for the gym, which says that you can’t sue for damages after signing. However, you may still be able to pursue damages, even if you signed a waiver. The courts may deem a waiver unenforceable; it depends on the exact nature of your case.

Damages in a Rock Climbing Accident Claim

If you recently incurred injury at a rock climbing gym and it arose from someone else’s negligence, you may be able to gain two types of compensation. These include:

  • Economic damages. These compensate for material aspects of an accident, which includes medical bills, ongoing rehabilitation costs, and the cost of missing work (lost wages).
  • General damages. These damages help address the intangible losses associated with your experience, such as pain and suffering. It may also address emotional distress or loss in life quality.

Rock climbing can be a fun way to pass the time, but it’s not without its dangers. Participants should know their legal options in the event of an accident or injury. Even if you signed a liability waiver, you may still have legal grounds for a claim. If you think you have a case for negligence based on what you’ve read here, the best thing you can do is contact an attorney for a free initial consultation.

Posted by mockingbird at 11:10 pm

Can You Sue After an Electric Shock?

Monday, November 13, 2017

Electric shock injuries are not rare and the damage they cause varies greatly. Electrocutions are when an electric shock is fatal and they are fairly rare.  According to the Consumer Product Safety Commission, there are around 70 fatal electrocutions each year from consumer products, and many more injuries. The most common age for electrocution is not among children, but among adults aged 40 to 59. One of the most common forms of electrocution results from occupational injuries, which account for almost 10% of all fatal workplace accidents.

If you or a loved one recently sustained a serious electric shock, you may be wondering what your legal options are. The following aspects will inform any electric shock lawsuit:

Who Is the Responsible Party?

As with virtually every other personal injury case, electric shock cases are rooted in the theory of negligence. This means that another person’s careless actions (or inaction) directly led to your injuries. In general, there are four elements that comprise an electric shock case:

1. Someone owed you a duty of care – i.e., they were required to help keep you safe. For example, your employer has a duty to provide a safe workplace.

2. That party breached their duty of care – i.e., committed negligence. An example might be failing to check a machine for loose wiring.

3. That breach of care led to your injuries, and;

4. You incurred specific damages as a result (medical bills, lost wages, etc.).

The most important part of your case will be determining who breached their duty of care. There are several legal theories that may come into play in an electric shock case, which may include:

  • Premises liability. If you were shocked at a store or in a public place, you may have a case based on the idea that property owners are duty-bound to keep their premises safe for visitors.
  • Negligent supervision. If your child or loved one was shocked while playing in a pool in a thunderstorm while under another person’s care, you may collect compensation using the theory of negligent supervision.
  • Product liability. If you were shocked while using a defective product, you may have a case under the scope of product liability law, which states that anyone involved in the production and distribution of a product must use reasonable care to make it safe.

Types of Damages in Electric Shock Cases

If you have legal grounds for an electric shock lawsuit, you may be able to collect damages. These include, but are not limited to:

  • Economic damages. These types of damages, also called “special” damages, compensate for all the tangible losses associated with your experience. Examples may include medical bills, lost wages, and the cost of rehabilitation.
  • General damages. These help with the intangible losses of an accident, such as pain, suffering, and any loss in life quality.

Electric shocks can lead to serious injury or death. Thankfully, victims of these shocks may be able to gain compensation, especially when their injuries arise from someone else’s negligence. If you have further questions or want to know if you have grounds for a personal injury lawsuit, contact an attorney.

Posted by mockingbird at 11:02 pm

Texas Laws on Corporal Punishment in Public Schools

Monday, November 6, 2017

Corporal punishment used to be common in classrooms – whether it was paddling or hitting a student’s hands with a ruler. As we’ve evolved, however, so have our views about hitting children – and many states have since passed legislation that outlaws corporal punishment in schools. Texas, on the other hand, is one of the few states left in the union that allows corporal punishment in schools. If you’re aghast at this idea, you’re not alone. Fortunately, as a parent, you can “opt out” of corporal punishment for your children in schools. Here’s what you need to know about corporal punishment in local Texas schools.

What Is Corporal Punishment?

The state of Texas defines corporal punishment as any deliberate infliction of pain that involves spanking, hitting, slapping, or any other physical form of discipline. State law allows anyone who is involved in a child’s care or supervision to use any reasonable amount of force that an adult believes is required to maintain disciple. What the law views as “reasonable” can be subjective, however.

Where Is It Legal in Texas?

While state law allows corporal punishment in schools, they also give local school districts the authority to make their own ruling. As such, many of the urban and suburban areas in Texas have prohibited the use of corporal punishment. However, large swaths of rural areas throughout the state can and do still use it.

What Can I Do About It?

To many parents, the idea of corporal punishment is disturbing. If you’re in a district that condones the use of corporal punishment but do not agree to it, you have the right to opt out. In fact, Texas law prohibits the use of corporal punishment on any student whose parents have signed a statement explicitly prohibiting it. These “objections forms” go out at the beginning of the school year, and parents must sign them each year.

Private Schools

Is corporal punishment allowed in private schools? They do not receive public funding so they are not subject to state specific educational laws. As such, they are free to create their own policies.

Is It Actually Common?

The Three Rivers Independent School District made national headlines this summer when the school board voted unanimously to allow corporal punishment for misbehavior at school. The school administrators use wooden paddles to administer punishment, but only when they have express written consent from the parents.  The city, which is about halfway between Corpus Christi and San Antonio, was the subject of ire and controversy during that news cycle.

This flies in the face of the U.S. Department of Education, which sent letters out to state leaders condemning the practice, and urging states to prohibit it. Their stance is that students who experience corporal punishment are more likely to react aggressively with defiance in the short term, and are even more likely to have mental health issues and substance abuse problems later in life.

Still, corporal punishment is allowed in parts of Texas. Parents have the option of “opting out,” but anyone with concerns should contact an education attorney.

Posted by at 10:49 pm

Public Transit Injury Atorney

Monday, May 22, 2017
Every day in San Antonio, an average of two-hundred thousand commuters, tourists and others board San Antonio public buses from bus stops along roadways or at city transit centers. Unfortunately, in the event of a collision, people are killed or sustain serious injuries in accidents involving city buses on a far too regular basis. Most city buses do not have seat belts and the massive size of city buses often cause severe damage. If you or a loved one has been involved in a city bus crash, whether as a passenger, a pedestrian, or a motorist, consulting with an experienced city bus accident attorney can help ensure you are taking the steps necessary to obtain the compensation you deserve. There is a deadline to file notice of a claim against public transit authority and the city of San Antonio. Failure to timely file a claim or to follow the proper procedure could prevent your ability to recover damages. Contact a bus accident attorney to preserve your claim for maximum compensation.  The San Antonio public transit system is a transit agency operated by primarily in San Antonio, Texas. It operates buses, light rail, commuter rail, and high-occupancy vehicle lanes in San Antonioand 12 of its suburbs. city currently provides transportation to the following suburbs:
  • Addison
  • Carrollton
  • Cockrell Hill
  • Farmers Branch
  • Garland
  • Glenn Heights
  • Highland Park
  • Irving
  • Plano
  • Richardson
  • Rowlett
  • University Park
At times the city hires private companies to provide support and operate buses and transportation vans on behalf of the city. In addition to buses, the city operates a light rail service, and is the largest light rail operator in the United States with a rail system of 93 miles.

Causes of city Bus Crashes

 There are many reasons why a city bus may get into an accident. Some of the most common reasons include:
  • Negligence on the part of the city bus driver
  • Negligence on the part of the driver of another vehicle
  • Speeding
  • Alcohol or drug Use
  • Sleep deprivation
  • Mechanical problems
  • Improper maintenance
  • Distracted driving such as cell phone use
  • Inadequate training
  • Inadequate supervision

Common city Bus Accident Injuries

Some of the most common injuries individuals sustain when involved in a city bus accident include:
  • Whiplash and spinal cord injuries
  • Fractures
  • Sprains to the muscles
  • Brain injuries
  • Trauma to the head
  • Paralysis
  • Crushing injuries
  • Damage to nerves
  • Internal injuries
  • Cuts, bruises and burns

What Damages Can I Recover After a Bus Accident?

One of the most common questions asked of a San Antonio bus accident attorney after a city bus accident is in regard to what damages can be recovered. If you or a family member has been injured in a city bus accident, you may have a claim against San Antonio for the following damages:
  • Medical expenses
  • Pain and suffering
  • Disfigurement
  • Emotional distress
  • Loss of quality of life
  • Other damages

The Law in Texas for Bus Injury Cases

city bus drivers must obey all traffic laws and the Texas Transportation Code. Because city buses are considered “common carriers” the driver must use utmost caution when driving these vehicles in order to ensure the safety of the passengers on board. city must properly maintain city buses. Additionally, they must hire, train and supervise qualified drivers. In addition to passengers, bus drivers have a duty to drive in a reasonable manner and not endanger the safety of people in other vehicles or pedestrians. If the driver of another vehicle  causes a collision with a city bus, you may have a claim against both the city bus driver and the driver of the other vehicle. Additionally, there may be other parties an experienced San Antonio bus accident attorney can pursue for damages.

Who Can Be Held Responsible for a Bus Accident?

A city bus crash can be the result of the fault of the city bus driver, city, or there may be several different parties that contribute to a collision that can be held accountable for your accident. Bus Drivers – bus drivers who are poorly trained, under the influence of drugs or alcohol, drive while distracted, or fail to drive like a reasonable person and commit traffic violations can be held responsible for causing a crash. Other Motorists – In Texas, the driver of a motor vehicle has a duty to drive in a reasonable manner.  Negligent drivers that collide with a city bus or force the city bus to lose control are responsible for the injuries and damages that result in the city bus crash. Private Bus Companies – At times contracts with third party private bus companies to perform overflow transportation work, as well as transportation for city vans. Private bus companies are required to perform vehicle maintenance, comply with government regulations, and hire qualified drivers to operate the vehicles safely. The bus company may be liable for serious crashes that result from their negligence and are responsible for the negligence of employee drivers.

Bus Accident Attorney Notice Requirement

Notice of a claim against the City of San Antonio must be brought timely and meet the strict notice requirements set forth under Texas law. Failure to file the timely or proper notice of a claim could result in the loss of the ability to recover damages against the city. It is imperative that anyone injured by a city bus provide the City of San Antonio with notice of a claim within the deadlines required under Texas law.

Experienced Bus Accident Attorney

If you survived a city bus crash or lost a loved one in a city bus crash, you may be entitled to receive significant compensation for the injuries and losses you have suffered. Contact an experienced city bus accident lawyer at the Law Firm of Aaron A. Herbert. Board Certified personal injury attorney Aaron Herbert has recovered millions for accident victims and their families. For a free consultation, call 24/7 to (210) 435-7968 or click HERE to fill out the online, attorney-consultation form. The consultation is free and there is no fee or expense until we win the case.
Posted by Aaron Herbert at 7:20 pm

Can I Sue a Doctor for Giving Me Bad Advice?

Tuesday, August 30, 2016
Society relies on health care professionals to provide life-saving procedures, treatments, and medical advice. When patients suffer an illness or injury, they trust physicians to locate the source of the problem and recommend a solution based on years of special training and expertise. Doctors have a duty to uphold high standards of patient care, by law and under the Hippocratic oath. While an honest mistake is not grounds for a medical malpractice lawsuit, negligence resulting in injury is a reason to seek legal counsel.

Negligence and Medical Malpractice

The foundation of every medical malpractice case is a physician’s alleged negligence. When a doctor fails to exercise the proper standards of care, including giving bad advice to a patient, it isn’t necessarily malpractice. Bad advice can simply be an honest oversight. People rely on physicians for help deciding on a course of treatment based on information and symptoms the patient provides. Unfortunately, this treatment may not always be what is best, and if another physician reasonably would have given different advice in the same situation, it may be negligence. For a case of medical negligence, you must prove four things:
  1. The doctor owed you a standard of care. A doctor-patient relationship must exist between you and your doctor at the time of the alleged bad advice. To do so, you must show that the doctor in question was in fact your doctor at the time of the incident.
  2. The doctor breached an ethical duty to uphold this standard of care. In this case, the doctor gave you bad advice. You must prove the doctor’s reason for breaching the standard of care stemmed from negligence, such as not listening to your symptoms or reading your patient chart.
  3. The doctor’s breach of duty caused your injury. It’s not enough to prove that a doctor was negligent and breached the acceptable standards of care. The breach must have caused you an injury. For instance, you must provide proof that taking the doctor’s bad advice worsened your condition.
  4. You suffered damages as a result of the negligence. If you didn’t suffer damages from the doctor’s breach of duty, there’s no point in pursuing a lawsuit.
If you can prove these four things, you likely have a case of medical negligence on your hands. Your doctor may have been distracted during your appointment, or the hospital could have mixed up your medical records. There are many types of negligence and reasons a doctor may give bad advice to a patient, but in every case the injured patient has the right to pursue recovery.

How to Establish Wrongdoing

Medical malpractice cases can be complex, with a heavy burden of proof on the victim. Establishing a doctor’s wrongdoing requires interviewing eyewitnesses, such as nurses or maintenance crewmembers, analyzing your medical records, and hiring an expert key witness to testify. The key witness can tell the jury what the defendant reasonably should have advised according to professional standards. In a case of bad advice, proving negligence is especially difficult. The doctor may have believed the actions or advice he or she provided was best based on the symptoms. Luckily, the law recognizes the difficulties a plaintiff faces when proving medical negligence. If your injuries were the direct result of a doctor’s negligence but you can’t pinpoint exactly what the doctor did wrong, you can invoke a legal doctrine called “res ipsa loquitur,” Latin for “the thing speaks for itself.” This implies you only have to show you suffered an injury that must be the result of negligence. Consult with an expert Personal injury attorney about your bad advice incident and subsequent injuries to find out if you have the elements of a medical malpractice case.
Posted by at 10:43 pm