What to Do if Insurance Company Denies Your Personal Injury Claim in Texas?

Getting your personal injury denied can be a stressful and frustrating experience. The denial of your personal injury claim can be an unpleasant surprise when you need money to cover your medical expenses but cannot earn a living because of your injury or disability.

Luckily, there are things you can do to deal with the denial of your personal injury claim and pursue the compensation you deserve. If you believe that your claim was mishandled or denied unfairly, it is advised to speak with an experienced personal injury attorney in Texas.

Was the Denial of Your Injury Claim Wrongful?

When an insurance company denies a personal injury claim for an illegitimate reason or no reason at all, the denial is considered wrongful. Wrongfully denying or delaying payment of an injury claim may constitute an insurance bad faith practice in Texas.

As a rule of thumb, denial is considered wrongful when the insurer fails to provide a reasonable explanation or does not give any explanation for the claim denial. If the insurance company rejects your claim, it is critical to find out exactly why the claim was denied, consult with a lawyer, and consider appealing the insurer’s decision.

Texas has laws that protect policyholders from insurance bad faith practices. Common forms of insurance bad faith include:

  • Lack of communication
  • Putting pressure on the policyholder to accept an unfair settlement offer
  • Changing or canceling a policy without explanation
  • Delaying investigation into a claim
  • Delaying payment on a valid claim or refusing to pay
  • Failing to approve or deny a claim within a reasonable amount of time
  • Denying a claim for an illegitimate reason or without cause

If an insurance company is engaging in any of these or other unfair or deceptive practices, talk to a skilled personal injury attorney to explore your legal options.

Common Reasons for Claim Denials in Texas

Insurance claims adjusters must review each claim and find reasons for the denial. Common reasons for claim denials include:

  • Failure to file a claim on time. In Texas, the statute of limitations for filing a personal injury claim is two years from the date of the accident. Failure to bring a claim within the time window will bar you from seeking compensation through a claim.
  • Providing incorrect information when filling out a claims form.
  • Failure to provide the necessary documents to support your claim.
  • Your injury or condition is not covered under the policy.
  • Lack of medical evidence to prove the severity of your injury.
  • Your injury is a pre-existing condition. In other words, the injury for which you are filing a claim occurred before the date of the accident.
  • The nature or location of the accident is not covered under the policy.
  • The insurance policy has expired or lapsed.
  • Lack of evidence to prove that the insured was responsible for your injury.
  • The at-fault party is not covered under the policy.

What to Do if Your Personal Injury Claim Was Denied in Texas?

If your personal injury was denied, you should take the following steps to appeal the insurance company’s decision and fight for the compensation you deserve.

Find Out Why Your Personal Injury Claim Was Denied

Before appealing the insurer’s decision to deny your claim, it is important to figure out why the claim was rejected. While insurance adjusters may deny claims by mistake, many claims are denied for a legitimate reason. There are also cases when personal injury claims are wrongfully denied.

Collect Evidence to Support Your Appeal

If you are planning to appeal the insurance company’s decision to deny your personal injury claim, you will need to gather sufficient evidence to support your appeal case. Evidence may include witness statements, photos from the scene of the accident, surveillance footage, police report, medical records, and others.

Appeal the Denial of Your Claim

If you believe that your claim was wrongfully denied, you can appeal the insurance company’s decision. The appeal can be made directly through your insurer in Texas. When appealing the insurer’s decision, you will have to submit all relevant evidence to challenge the denial of your valid personal injury claim.

If you appeal the insurance company’s decision and your claim is denied again, you will have to bring this issue to the Texas Department of Insurance, which investigates claim denials.

Contact an Attorney

Last but not least, it is important to speak with a knowledgeable attorney if your injury claim was denied or the insurance company is trying to settle your claim for the lowest amount possible.

If you are represented by a Houston personal injury attorney, your lawyer will help you gather evidence to challenge the denial of your claim and appeal the insurer’s decision. Also, if necessary, a lawyer will take your case to trial to fight for fair compensation on your behalf.

Conclusion

Getting your personal injury claim denied is a frustrating experience. Since many claim denials occur due to an error and other claims are denied for an illegitimate reason, you may be able to appeal the denial of your personal injury claim in Texas.

You will need to find out the reason why your claim was denied before you can appeal the denial of your claim in Texas. It is advised to hire a personal injury attorney in Texas to appeal the insurance company’s decision and fight a wrongfully denied insurance claim.

With more than two decades of combined legal experience, attorneys Daniel Johnson and Juan Garcia at Johnson Garcia, LLP, represent personal injury victims to seek the compensation they deserve.

Does Your Injury Qualify for a Personal Injury Claim in Florida?

After sustaining an injury because of intentional acts or negligence of another person, the injured party may wonder, “Does my injury qualify for a personal injury claim in Florida?” and “Am I entitled to financial compensation?

Generally speaking, in Florida, you may be eligible to pursue a personal injury claim if you suffered any bodily injury or emotional harm due to someone else’s intentional act or negligence.

Intentional Act vs. Negligence When Pursuing a Personal Injury Claim

Under Florida’s personal injury law, everyone has a legal obligation to exercise due care to avoid causing harm to others. For example, a driver owes other motorists, pedestrians, bicyclists, and other people around them a duty to take all reasonable precautions to drive in a safe manner at all times. If the driver breaches the duty of care, the injured victim may be entitled to financial compensation through a personal injury claim.

Also, the Florida Statutes Section 772.104 provides that a victim of a criminal act such as assault can pursue civil damages against the attacker even though the offender intended to cause harm.

When Are You Eligible to File a Personal Injury Claim in Florida?

Common situations in which an individual may sustain an injury and qualify for a personal injury claim in Florida are:

  • Automobile accidents on the road involving cars, trucks, motorcycles, pedestrians, or bicycles
  • Boat accidents
  • Assault and battery
  • Workplace injuries caused by third parties
  • Medical malpractice
  • Slip and fall accidents
  • Amusement park accidents

Your injury may qualify for a personal injury claim in Florida if the person or entity that caused your injury intended to commit harm or was merely negligent or careless. Since Florida is known as a no-fault auto insurance state, the other party’s intent or fault for a car accident does not always matter when it comes to seeking compensation for a minor injury. However, things are a bit different if you suffered a serious injury.

What Happens if Your Injury is Serious?

Under the Florida Statutes Section 627.737, your injury must meet certain criteria in order to qualify for a personal injury lawsuit against the at-fault party. Suing the motorist who caused your injury may be the only option to receive compensation when you have exhausted your Personal Injury Protection (PIP) coverage.

Since your PIP policy may only cover your medical expenses and lost wages, you have to file a personal injury lawsuit against the at-fault party to recover additional damages, including emotional distress, diminished qualify of life, pain and suffering, and others. However, your injury must qualify as “serious” in order to sue the negligent motorist who caused you harm.

The Florida Statutes Section 627.737 defines a serious injury as any of the following:

  • Significant/permanent loss of a vital bodily function
  • Permanent injury or trauma within a reasonable degree of medical probability
  • Permanent or significant scarring or disfigurement
  • Death

What if Your Damages Exceed the PIP Insurance Policy Limits?

In Florida, motorists are required to purchase Personal Injury Protection (PIP) insurance to cover their own medical expenses, lost wages, and certain other damages in the event of a car crash. Regardless of fault, PIP insurance is primary, which means an injured individual must first file a claim with their own insurance company.

However, if your injury is serious and your damages exceed the policy limits, you may be able to pursue additional compensation beyond your PIP coverage by filing a personal injury lawsuit against the at-fault motorist. However, if you want to seek additional compensation or wish to recover damages beyond your medical expenses and lost wages, your injury has to be serious to be able to step outside of the state’s no-fault insurance system.

What Can Affect the Value of Your Personal Injury Claim?

In Florida, an injured victim may be entitled to recover three types of damages:

  1. Economic
  2. Non-economic
  3. Punitive

The value of your personal injury case may depend on a multitude of factors, including:

  • The type and severity of your injury
  • Your overall health and age
  • The effect of your injury on your daily life and ability to work
  • Whether your injury or its effects are permanent
  • Past and future expenses associated with medical treatment

These are just a few factors that must be considered to calculate how much your personal injury claim in Florida is worth. It is advised to consult with an experienced attorney to help you determine whether your injury qualifies for a personal injury claim, protect your legal rights, and make sure that you are getting the compensation you deserve.

Attorneys Ronald Zimmet Sr and Ronald Zimmet Jr at Zimmet & Zimmet offer a free consultation to help injured victims determine whether their injury qualifies for a personal injury claim in Florida. Speak with a Daytona Beach personal injury lawyer to discuss your unique case.

Can I file an Ohio personal injury lawsuit for a motorcycle accident if I was hit by a car while not wearing a helmet?

If you were hit by a car and injured while riding your motorcycle without a helmet, you still may be able to pursue an Ohio personal injury claim depending on several variables. However, to best determine one’s rights and ability to make a legal recovery, those who were injured in an Ohio motorcycle accident should speak with a Columbus motorcycle accident attorney in a timely manner to discuss their specific facts and circumstances.

Pursuant to Ohio law, motorcyclists and their passenger are required to wear a helmet if the operator is under the age of 18 years old, or if the operator holds a motorcycle operator’s endorsement or license bearing a “novice” designation. For purposes of this article, a “novice” is one who has only had his or her motorcycle endorsement for less than a year. Those who do not fall into either category may ride their motorcycle legally without a helmet. However, due to the high risks of injury that cyclists face due to their exposure, cyclists should be encouraged to wear a helmet for safety reasons.

Aside from the high risks of significant injuries, not wearing a helmet may also affect one’s ability to pursue a personal injury case or make a full recovery for his or her injuries. Under Ohio law, if a jury or judge finds that the injured individual was comparatively at-fault for causing his or her injuries, that person’s legal recovery will be reduced by the overall percentage for which he or she is found to be at-fault. For example, if the injured individual was found to have been 10% at fault and obtains a $100,000.00 jury verdict, his or her recovery would actually be reduced to $90,000.00. Worse yet, if the injured person is found to have been 51% or more at fault, that person cannot make any recovery and will not be able to purse a personal injury claim.

When one is injured in an Ohio motorcycle accident, determining fault and avoiding the anticipated legal defenses associated with not wearing a helmet can be difficult to navigate. One should also anticipate that legal defenses associated with not wearing a helmet will be prevented. For example, if one suffered a traumatic brain injury or spine injury, or worse yet was killed, the defense attorney or insurance company likely will argue that the injuries or death was caused by the decision to not wear a helmet.

Overcoming these arguments, as well as the other defenses that likely will be presented, can be challenging. Having a Columbus personal injury attorney represent you in your personal injury claims can help ensure that those arguments are defeated and that you are fully compensated. At the law office of Brian G. Miller Co., L.P.A., our Columbus personal injury attorneys provide expert legal assistance to those who have been seriously injured or killed as a result of a motorcycle accident. If you or a family member has been injured on a motorcycle due to a collision or a crash caused by the negligence of a careless driver, our motorcycle accident attorneys in Columbus, Ohio will advocate relentlessly on your behalf to secure the best recovery possible. Please call (614) 221-4035 or click here to send an email to schedule a free, no-obligation consultation.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Simplify Insurance Claim Texas

A quick look at the insurance claim process for the common people 

An insurance claim is a formal request made by a policyholder to an insurance company for reimbursement of loss caused by a policy event. The policy event, also known as the ‘risk’, is usually a car accident, fire, or anything that causes damage to property. Once, there is a claim; the insurance company determines its validity. If approved, the insurer will either:

(1) give you money as compensation, or
(2) the insurer will pay for any of the liabilities you incurred.

In a nutshell, that would be the entire claiming process. However, there are many things policyholders do not consider when making a claim. The whole process can be a bit complicated, and a misstep can lead to the denial of your claim.

Don’t fret! In this article, we’ll simplify the process, and enumerate the dos and don’ts of making an insurance claim.

INITIAL CONSIDERATIONS

UNDERSTAND THE COVERAGE OF YOUR POLICY

You, as the policyholder, must know the risks covered by the policy. Auto insurance, health insurance, life insurance, fire insurance – there are many kinds of policies. Understanding the difference between them is vital. Don’t expect to claim anything from a car insurance policy when you’re diagnosed with diseases!

The policy also lists the documents you need to prepare when the risk occurs. Study the policy thoroughly. Ensure that it fits the needs of your family or business.

DON’T FORGET TO PAY YOUR PREMIUMS

You won’t be able to claim anything if you fall behind in paying your premiums. Always keep the receipts as evidence of its payment. Policies usually grant a grace period if you miss out on an instalment. Nevertheless, if you feel like you won’t be able to pay on time, attempt to sort things out with your insurance agent.

THE INSURANCE CLAIM PROCESS

1. EVALUATE THE VALUE OF THE LOSS

Once you suffer a loss from a policy event, immediately assess the value of such failure. Afterwards, determine whether the damage is less than your deductibles.

A deductible is an amount you are responsible for paying for concerning the loss. When you suffer from the policy event, the amount is in effect deducted from your claim.

To illustrate how this works, a policy has a $1000 deductible. The insurer’s assessment states that the total value of the loss is $5,000. In this instance, the $1000 amount shall be borne by you, and you will be receiving $4,000 should you make a claim.

In effect, the $1000 deductible is a threshold you need to consider before filing an insurance claim. Always ask yourself: Will my claim be higher than the deductibles? Suppose that in the same example, you suffered a total loss of $1300. Would it be worth the hassle to file a claim for a $300 payout?

Quantifying the loss is an essential step before you attempt to make an insurance claim. It’s a good idea to file a claim only when the total loss is much higher than the deductible. On the other hand, filing a claim even for a small payout can assist you in times of financial struggles.

2. REPORT THE RISK WHEN IT OCCURS

Contact your insurer immediately if you think the total loss is more significant than your deductibles. Most insurance companies have 24-hour customer hotlines, so keep their contact information updated and ready.

Additionally, contact the police when necessary. A police officer will assist you in making a police report, which is often a documentary requirement when making claims. Likewise, some insurance companies even call the police when verifying the loss. Hence, be honest when narrating the facts to your insurer and the officer.

3. GATHER AND SUBMIT THE REQUIRED DOCUMENTS

Imagine the stress of being in a car accident! To avoid scrambling at the last minute, always keep a list of the documents you need to prepare in case you need to make an insurance claim.

Insurers can be very strict with the documents they require. Records must accurately state critical facts, such as the amount of the loss sustained. Receipts can be proof for the amount of loss. Other evidence of loss can come in the form of police reports, photos, and videos.

For health and life insurance, your healthcare provider can make a claim for you. Alternatively, you can make a claim yourself by preparing the required paperwork.

4. GET A LOSS ASSESSOR OR CLAIMS ADJUSTER

Insurance companies may also opt to appoint a loss assessor. This usually happens when the incident is complicated and requires technical expertise. Be honest when communicating with the assessor. A slight hint of dishonesty or a cover-up for the actual loss can lead to the denial of your claim.

In some policies, however, the appointment of a loss assessor is optional. Nevertheless, you may opt to get an independent claims adjuster. This ensures an accurate assessment of the loss and speeds up the process of settling the claim.

5. KEEP THE INSURED PROPERTY INTACT

In property insurance, it is essential to preserve the damaged property. This is to ensure an accurate assessment of the loss, should the insurer send an assessor.

Suppose a fire gutted your business (which is covered by a fire insurance policy). Once it’s extinguished, don’t attempt to clean the rubble just yet. Take photos and videos. Call your insurer so they can send a loss assessor.

For some auto insurance policies, an assessment of the loss is a requirement before a payout. Hence, when you suffer from a car accident, keep the remains away from further damage.

COMMUNICATE WITH YOUR INSURER

When you keep up with your premiums, always expect good service. If there’s something you don’t understand in the policy, contact your insurance agent. During the assessment process, be upfront with the claims adjuster so you can get an accurate assessment. Do not withhold any evidence regarding the risk.

Some insurance companies have a reputation for being stingy with claims. From time to time, make a follow-up on the claims process. Do not be afraid to inquire when the assessment is moving at a snail’s pace. Your insurance agent should be able to walk you through the entire process.

When the insurer fails to deliver on the policy, inquire with a lawyer. Above all else, a policyholder is a consumer. Therefore, if you aren’t satisfied with how the insurer handles your claim, take the legal action, if necessary.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Is a slip and fall at a supermarket worth pursuing?

Miami is a busy city. Step into any supermarket and you’ll find it full of local people, buying their groceries and other products. Any store, including supermarkets, must provide a safe environment for its customers. Unfortunately, they sometimes don’t take this responsibility seriously.

If you have a fall and injure yourself and it happened because of negligence on the part of the supermarket, you may be able to make a compensation claim.

But is it worth reaching out to a Miami slip and fall accident attorney? Much will depend on the level of injury, how it affects you and whether the supermarket was at fault.

Types of slip and fall injuries

While a slip and fall might seem like a minor accident, it can sometimes cause significant injury. The most common injuries are sprains and broken bones. It’s not unusual for someone to suffer from issues with their back. In severe cases, there may be serious damage to the spinal cord or they might suffer from major trauma such as a brain injury.

Falls can be caused by all sorts of things. Slippery floors are quite common in supermarkets, especially during wet weather. If areas, both inside and outside the store, are not maintained properly they can cause accidents. This includes flooring or paving that is uneven or cracked and which the supermarkets have failed to repair in a timely fashion.

Other issues can arise if workmen are doing something in the store and don’t protect the surrounding area. Poor lighting in certain areas of the supermarket can also make accidents more likely.

Is the supermarket responsible?

This is the big question that your Miami slip and fall accident attorney will need to help you answer. In simple terms, the supermarket is responsible whether they were aware of the hazard before the accident took place or were unaware but should have been.

The key here is proving that the supermarket was negligent. A lot depends on what their obligation was at the time of the accident with regards to ensuring your safety as a customer. If this obligation was breached, a claim may be possible.

However, whether a claim proceeds also depends on the extent of your injuries.

For minor bruising, for example, it may not be profitable for a claim to be made as the amount of compensation that is likely to be awarded will be small. It’s important to seek counsel from your attorney at the earliest possible moment to discuss whether there is a viable case for a claim.

Find a Miami slip and fall accident attorney

Slip and fall accidents can be quite complex to litigate which is why it’s essential to work with a specialist law firm. An experienced Miami slip and fall accident attorney will be able to gather the evidence and determine whether the supermarket has breached its obligations to you as a customer and whether your injuries are serious enough to warrant a claim.

For a relatively serious injury, you will undoubtedly incur medical costs. The injury might also mean you have to take time off work, perhaps losing vital income. With long-term injuries such as spinal cord damage or brain injury, you will need to make big changes to how you live your life.

A specialist attorney who has handled many slip and fall accident claims will ensure that you get the maximum amount of compensation you are entitled to. This will include getting you the support you need and gathering the evidence to make the claim.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Can A Lawyer Claim Additional Expenses Once A Case Has Been Closed?

While it’s not something that most of us want to consider, there may come a time when you or a loved one are in dire need of legal representation. Whether you have suffered an accident, face a criminal charge, or are seeking a spousal separation, there are many reasons that you may need an attorney. Possibly the biggest reason that someone in need of an attorney would not seek one out is the same reason that people often avoid going to the hospital: the final bill. When you know that you need help but you know that help could come at a high cost, you need to make sure you do your research in choosing a personal injury attorney. But that doesn’t mean that you should look for the cheapest lawyer out there.

While most attorneys are ethical, there are some that are not. Attorney fees have been on the rise since the 1990s and continue to inflate. No doubt a chunk of the total $100 billion paid in annual US legal fees goes to attorneys who provide incompetent or even unethical service. There have also been reports in the past that some attorneys pad their bills or force collections of fees improperly. When you are seeking an attorney, you need to look for one that has not only a fair fee, but a history of trust and proper representation with previous clients.

How To Handle Unexpected Charges From An Attorney

If you find that you have been billed incorrectly, even well after the services of your lawyer are no longer required, it can feel like a punch in the gut. You had an expectation of what your bill was going to be, but this amount goes well outside of what you had been planning for. Were you charged for services that were never provided? Are there ludacris charges for things that reasonably should have been covered by another fee or not charged at all? How could you prove that an attorney over billed you, and is it even worth the fight? After all, the last thing you want to do is hire another attorney to dispute an unjust bill.

Before you do anything else, call your attorney and request more information about their fees. Nothing on your final bill should come as a surprise. If you had an initial conversation about fees before you hired your attorney – and you definitely should have – then there is no reason to expect your final bill to be higher. An ethical attorney will always keep you up to date if they feel that additional services and fees apply to your case and need to be added to the final amount billed. But that doesn’t mean that there may not be a fee that you aren’t clear about. Speaking to your lawyer opens a line of communication in which you can clarify any issues with your billing.

This is all the more true if you are in an ongoing case. Your attorney probably doesn’t want to lose you as a client, so they may be willing to negotiate certain fees. Even a client whose case has recently closed is important to a good attorney.

Review Your Bill

Like any bill, you should fully review any statements from your lawyer. Your lawyer is here to help you and will answer any questions you have about your case or your bill. If there is a mistake, an honest lawyer will admit to the discrepancy and correct your statement. If your bill ends up being higher than you initially thought, even if you have been made aware of potential additional charges, you may be able to negotiate for lower costs.

When you work with the right attorney, you don’t need to worry about being overcharged for services or having your claim taken less seriously than others. The best law firms will treat your claim like their own, advocating for your best interests every step of the way, and will always ensure that you fully understand all aspects of your legal process and your final billing.

Born and raised in Louisiana, Stephen Babcock quickly became known for his high profile cases and his grit as a trial attorney. While attending law school to become a title attorney, Stephen worked as a real estate agent. He would later change his mind and go on to become a trial attorney, working as an in-house insurance attorney for AllState before finally branching into his own personal injury law firm in Baton Rouge in 2003. Babcock Injury Lawyers continues to be a well known and respected team of attorneys throughout Louisiana.

Dealing in everything from personal injury to debt to business disputes throughout his exemplary legal career, Stephen Babcock has accrued numerous awards and accolades for his work as a personal injury lawyer and litigation attorney. Having tried cases in state and federal courts throughout Louisiana, he would go on to found a coalition of national trial lawyers – all of which have tried more than 35 cases to verdict – called Trial Masters. Stephen has taken on several big cases over the years and won, including a $2 million arbitration case against Hilton Hotels. Even the National Academy of Personal Injury Lawyers ranked him as a top-10 best personal injury attorney in Baton Rouge, a highly coveted honor.

Public Transport Accident Claim

Public transportation accidents are accidents involving public airplanes, buses, trains, subway, taxis, and rideshare vehicles like Uber or Lyft. These accidents are taken more seriously than others since these vehicles hold more than one person, usually a mass group of people. If these public transportation vehicles, or “common carrier” vehicles, get involved in an accident, more than several people can get injured.

What are Common Carriers?

A common carrier is a type of transportation vehicle that transports one or more persons in exchange for money. Popular examples include Greyhound and Metro buses, airplanes, yellow taxis, and rideshare vehicles.

The Texas Supreme Court defines common carriers as:

“A common carrier is under a duty to exercise such a high degree of foresight as to possible dangers and such a high degree of prudence in guarding against them, as would be used by a very cautious, prudent, and competent man under the same or similar circumstances.”

Finding Negligence with Common Carrier Accidents

When proving negligence with regular motor vehicle drivers, lawyers look for “ordinary” and “reasonable” decisions. With a common carrier driver or operator, they must be “cautious,” “prudent,” and “competent.” It’s easier to determine who remains at fault when it comes to public transportation accidents.

The people who could be responsible for these wrecks including:

  • The driver
  • The owner of the common carrier
  • The manufacturer of the common carrier*
  • The company or individual who failed at maintenance of the common carrier

*These people are only liable if there are defective parts. 

Unlike with typical motor vehicle accidents, determining fault may be difficult with public transportation accidents if the entity is owned by the state or municipality. Finding out whether the entity is public or private will help you in your public transportation accident case.

If the common carrier is owned by a government entity, restrictions may apply regarding these cases including:

  1. Statute of limitations
  2. A 180-day timeline for Texas
  3. A written notice of the lawsuit before filing the lawsuit.

Each state handles government entity lawsuits differently, and most time, they are difficult. Contact your lawyer to see if you are able to file a government entity lawsuit in your state.

Common Injuries with Common Carrier Accidents

Like all other accidents, common carrier accidents have injuries of the same nature, like:

  • Traumatic brain injuries
  • Neck injuries
  • Back injuries
  • Spinal cord injuries
  • Burn injuries
  • Slip and fall injuries
  • Lacerations and amputations

What to Do If You’ve Been in a Common Carrier Accident

Because there’s more at stake with these kinds of accidents, it’s important you stay protected. Collect all information you can from the accident. This includes statements, photographs, contact information, the company of the vehicle you were riding in, etc. The more information you collect, the more you can provide for your attorney for your case.

After that, seek medical attention immediately. Obtain all medical evidence and reports. Some injuries take weeks, even months, to appear, and once they do, people won’t believe that it came from the accident. Documenting your injuries as they come will help build your case. Once all this has been taken care of, it’s best to contact a lawyer for your public transportation accident.

Conclusion

Remaining vigilant on the road isn’t just for commuters in their own vehicles. Staying safe goes for all vehicles, especially common carriers. If you have been involved in a public transportation accident, don’t hesitate to contact your personal injury lawyer right away. Most insurance companies don’t wait to collect information that could damage your case if you go to trial and it’s vital that you protect yourself as soon as possible.

Hank Stout co-founded Sutliff & Stout, Injury & Accident Law Firm, to protect and pursue the rights of people who were harmed by the carelessness of others. Mr. Stout is Board Certified in Personal Injury Trial Law and has been actively trying cases for over fifteen years. In recognition of his accomplishments and results, he has been selected by Thompson Reuters as a Super Lawyer since 2014 (a distinction given to less than 1% of the lawyers in the state of Texas) and has been selected as Lead Counsel.

Oklahoma Construction Site Injury

As of 2018, 85,600 people were working in the construction field in Oklahoma, building and maintaining our infrastructure, workplaces, homes, and more. Unfortunately, the risks associated with working on a construction site are high, and people are getting injured every day.

Construction Site Statistics

Working on a construction site is a risky endeavor. Every day, construction workers handle hazardous building materials and electric wires, scale tall buildings, and operate heavy machinery. It’s no wonder that research has found that construction work is one of the most dangerous industries.

According to data by the Occupational Safety and Health Administration, or OSHA, one in five worker deaths is in the construction business. These deaths were primarily caused by what OSHA calls the “Fatal Four.”

The “Fatal Four” indicates the following:

  • Falls: 33.5% of construction site fatalities happen due to serious slips and falls. This can include incidents such as tripping over improperly placed construction equipment, falling into hazardous material, or falling off of poorly secured scaffolding and ladders.
  • Struck by an object: 11.1% of construction site deaths happen when the worker gets hit by an object. This can include being struck by a flying object, like a misfired nail gun, or being struck by a falling object, such as a tool. This also includes being struck by a swinging object, such as heavy machinery, or being struck by a rolling object, such as a vehicle in motion.
  • Electrocution: 8.5% of construction-site fatalities occur because of electrocution. This can occur when wires and other electrical conduits are not safely used or secured, or when workers are improperly trained in electric work.
  • Caught in or in between an object: 5.5% of construction site deaths occur when a worker is caught in or in between an object. This can include cave-ins, body parts being pulled into machinery, or when the worker gets caught between the equipment and a fixed object.

OSHA has said that eliminating these causes would save almost 600 lives a year. While the “Fatal Four” are the most dangerous types of construction-site accidents, there are countless ways in which someone can be hurt while working on a construction site.

In the event of an accident, workers could suffer severe injuries that could have a lasting impact on their lives and livelihood. When this happens, they may need to turn to an experienced injury lawyer to help them get the workers’ compensation benefits they’re owed, or help them file a third-party injury claim. While not all workers are aware of their rights and legal options, a personal injury firm like this one, Abel Law Firm in Oklahoma City, could help them recover compensation. The firm lists the following as types of construction cases they handle:

  • Construction Equipment Defect
  • Construction Company Negligence
  • Slip and Fall Accidents
  • Repetitive Motion Injuries
  • Lifting Injuries
  • Exposure to Toxic Substances
  • Head/Brain Injuries
  • Amputations

For injured workers, an accident could mean not just physical pain, but also serious financial stress and strain. For those whose paychecks are the primary or sole means of supporting themselves and their families, an accident could have a devastating impact on their life and livelihood.

For this reason, it is recommended that all employers provide a safe workplace and reinforce safety procedures. Employees should also pay attention to proper safety procedures and processes to keep themselves and their co-workers safe.

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How Do You Get Motor Vehicle Accident Benefits and When Do You Hire A Lawyer After A Collision?

Nearly thousands of people are injured in a motor vehicle accident due to misconduct or negligence. Generally, all motor vehicle owners should be insured. If a person suffers an accident and seeks compensation for reimbursement of financial loss to the insurance company, the company reimburses the loss. Thousands of people suffer from motor vehicle accidents every day, and half the accidents are cases which are not recorded and who don’t hire Ottawa motor vehicle accident lawyer. If you have been the victim of such an accident, then you have every right to demand compensation with the help of Ottawa motor vehicle accident lawyer.

WHAT ARE THE ACCIDENT BENEFITS

If you have been injured in a motor vehicle accident, you may be entitled to financial benefits. If you have suffered a lot due to the accident, you can ask for compensation for it, and the company compensates you for the damage without any argument. If you are still unable to get the benefit, you can request an Ottawa personal injury law firm.

WHEN SHOULD YOU HIRE A LAWYER

If a person is injured due to an accident and is suffering from psychological and mental injuries, they are entitled to compensation. If a person is experiencing the following problems after an accident

  • Long-time health affected
  • Death in accident
  • A hospital stay or broken bones
  • If the accident happens in the construction zone
  • Medical bills costing very high

WHY SHOULD HIRE A OTTAWA MOTOR VEHICLE ACCIDENT LAWYER

Being injured in a motor accident can undoubtedly be a cumbersome experience. When paying for physical injuries and property damage, you forget where to start the process. If you have been a victim of a motor accident, you may need to hire an Ottawa motor vehicle accident lawyer to claim compensation. Ottawa motor and vehicle accident lawyer tells you how to deal with the compensation claim process.

If you have been injured in an accident due to the negligence of another person, you should take the Ottawa motor vehicle accident lawyer in your interest as soon as possible. They will represent you in your accident process.

  • Determine the compensation claim

If you determine a lawyer, it helps you know how you are qualified to claim accident insurance and which applications give you a big chance.

  • Handle the insurance compensation

No ordinary person has the experience of interacting with other insurance companies, so it becomes difficult to know how to represent your best interests and get the value of your claim. If an ordinary person interacts with an insurance combination, then they give you the wrong details. Still, if you make compensation claims for the insurance companies by the lawyers, then the insurance company gives you full compensation, and Ottawa personal injury lawyer fights for your rights.

  • The true value of injuries

You are entitled to compensation if you are facing complications due to a motor accident. Lawyers know the real value of claims made in a motor accident. Lawyers protect you from future victimization due to accidents.

  • Injury lawsuit if necessary

The most crucial benefit of getting an Ottawa motor vehicle accident lawyer in a motor accident is that you can get advice on legal options. If the insurance company does not offer you the appropriate compensation amount, the lawyers prepare you to file a lawsuit and entitle you to the compensation amount.

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Steps to Take If Injured in Car Accident in New Jersey

If you have been injured in car accident, take immediate steps to protect your rights by contacting a New Jersey car accident attorney. 

When it comes to car accidents, no one is immune. The average driver will be involved in three to four crashes during their lifetime. That is a startling statistic to say the least. Best case scenario, you have a fender bender and everyone goes home safely. Worst case, you are left with severe injuries and fatalities occur. Callagy Law’s Paramus car accident lawyers are committed to fighting for your rights in the aftermath of a crash.

To ensure you can make a strong claim and maximize a potential settlement, it is important to take the following steps:

What to Do Following a Car Accident: A Quick Checklist

  • Stop and Check for Injuries
  • Call 911 or Local Law Enforcement
  • Try to Document the Scene
  • Seek Medical Attention As Soon As Possible
  • Report the Accident to Your Insurance Company
  • Contact an Experienced New Jersey Car Accident Attorney

Stop and Check for Injuries 

New Jersey law requires you to stop and stay at the scene of any accident until law enforcement responds or you are cleared leave, even if damage is minimal and there are no injuries.

If you can, move your vehicle to a safe location (e.g. the side of the road, a parking lot) so it does not put other motorists at risk. If you cannot, set up flares if you have them and/or turn on your hazard lights.

Check to see if you or any passengers have injuries. Remember, your injuries may not be visible, and adrenaline may be masking them. More on this in a moment.

Call 911 

You are required by law to report the accident to law enforcement as soon as possible. If there are injuries and/or extensive damage, call 911. Be sure to tell the dispatcher your location (street, intersection, mile market, etc.), whether there are any injuries or anyone is complaining of discomfort, nausea, or pain, or if there are hazards, such as traffic problems or overturned vehicles.

The police will respond if there are injuries, hazards, and/or if any driver is suspected of being impaired.

If you can, exchange insurance information with the other driver. Do not apologize or admit fault; you may say, “Are you injured?”

When you talk to law enforcement, give them the facts and only the facts. Do not guess or speculate: if you do not know the answer to a question, simply say, “I don’t know.” If you are asked if you are injured, tell them that you are going to the emergency room for an evaluation.

Try to Document the Scene 

Your safety is the top priority, but if you are able, try to take photos or video of the scene. Document damage to the vehicles, location of vehicles, visible injuries, the road conditions, weather conditions, any road obstructions (potholes), street signs, signs of intoxication, demeanor of the other driver, passengers, and witnesses, etc. You may not need all of this evidence but is better to capture everything you think may be useful later.

Seek Medical Attention As Soon As Possible 

Some injuries are obvious: a broken bone, lacerations, etc. Others are more subtle. Symptoms may not present themselves for hours or even days after the accident, but they can be serious or life-threatening. Conditions like head/brain trauma, spinal injuries, and internal bleeding, for example, can be dangerous if not treated.

It is also important to seek medical attention immediately so you can build the strongest case for compensation that you can. Even if you do not plan on taking legal action, it is a smart idea to leave the option on the table. You need documentation regarding the nature and extent of your injuries. Be sure to go to the emergency room as soon as you can.

Report the Accident to Your Insurance Company

Many insurance companies require you to notify them of an accident within 72 hours, and many require you to do so immediately. Just as you do when talking to law enforcement, do not guess or speculate. Stick to the facts about what happened. Do not admit fault, either at the scene or later.

Contact an Experienced New Jersey Car Accident Attorney

The other driver’s insurance company is likely to contact you as well. Their primary concern is not for your safety and certainly not for your financial situation. They want to minimize their payout. They may offer you a low ball settlement figure or even try to get you to admit fault so they can deny or reduce compensation.

It is best to contact a New Jersey accident attorney as soon as you can. We can negotiate on your behalf with insurance companies – and we never back down. Our team will work with you to develop a compelling case and maximize your settlement.

Dealing with an injury is difficult enough; trying to wrangle with insurance companies and the justice system on your own can be overwhelming. Let us help. Contact us today for a free consultation.

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.