Our team of Personal Injury attorneys and legal staff has put together answers to these frequently asked questions about different kinds of personal injury cases. These questions and answers will help you understand the different aspects of your case, and will guide you in understanding your rights. If you have any more questions please feel free to fill the contact form to the left, or call us at 1-866-789-1664 to speak to a Personal Injury Attorney.
CAR ACCIDENTS
Attorney Questions
1. How soon should I contact an attorney?
Answer: An attorney should be contacted immediately after contacting the necessary authorities and medical service providers, if needed. As your attorneys, we can explain the process from beginning to end, assist in locating and securing appropriate medical attention, and, will work with the insurance company to make sure that you are fully compensated for your losses.
2. Why should I talk to an attorney after an automobile accident that injures members of my family or me?
Answer: You should obtain professional advice concerning any accident, especially those involving members of your family. There are priorities of coverage, which need to be investigated and established for the purposes to assure a complete financial recovery for injuries occasioned by individuals, even family members. Moreover, the insurance company is not there to assist you, but rather will often try to lock down your version of the accident and injuries, very soon after the accident. This is done to make it harder to claim injuries that may manifest themselves after an accident.
3. Do I need to retain an attorney if I am injured in a car accident?
Answer: If you have been injured in an automobile accident, it is highly recommended to retain an attorney, though not necessary. Investigation of your accident at an early stage is important in resolving liability issues. Additionally, an attorney can assist you and guide you through this process and let you concentrate upon your recover from your injuries. As stated above, insurance companies are not on your side and are in the business of saving money. Through our many years of experience, our firm knows how to work with insurance companies to obtain the maximum compensation entitled to you under law.
4. Will it cost me anything to hire an attorney in a car accident case?
Answer: M&A Law Firm works on a one-third contingency fee basis, if the case is successfully settled without the need for a lawsuit. That means that you only pay attorneys’ fees if you are successful in making a recovery. Therefore, it is in your best interest to hire an attorney as soon as possible.
General Car Accident Questions
1. Can I sue the driver of the vehicle if I am a passenger?
Answer: If the driver of the vehicle in which you were a passenger is negligent, you can assert a claim. If at the time of the accident, you owned and insured your own automobile; your insurance company will be responsible for you medical bills and wage loss. If you did not, the vehicle in which you were a passenger would generally be responsible for your medical bills and wage loss. The mere fact that you were a passenger in a vehicle does not automatically give rise to a suit. The driver of the vehicle has to be negligent in some fashion.
2. Is there anyone other than the drivers and passengers involved in a car collision that I could sue for my damages?
Answer: There are certain circumstances when individuals other than a driver of an automobile may be responsible for your damages. For instance, if the negligent driver were in the scope of his employment at the time of the accident, his employer would be responsible as well. Similarly, if the driver is operating a car owned by someone else with that individuals consent and permission, that individual will be responsible as well.
3. What if more than one driver is at fault?
Answer: Texas is a comparative fault state. Generally speaking, you’re entitled to recover from a negligent driver who causes an accident of subsequent injuries. If more than one driver is at fault, most cases are resolved by either an apportionment of a percentage of fault, or by Joint and Several Liability.
4. What if I am at fault for causing the accident?
Answer: Texas is a comparative fault state. As long as your fault is less than or equal to that of the other driver, a recovery can be realized. However, the recovery is diminished or reduced by the percent of fault attributable to you in causing the accident.
5. How is fault determined?
Answer: Fault is generally determined by the totality of the circumstances surrounding the accident. Police reports and eyewitness testimony from neutral individuals is always important. Proof of causation must be both in terms of actual causation and proximate (legal) causation. Actual causation is determined by literal cause and effect. Whether legal causation is established depends on the facts and circumstances of the particular matter in question.
6. Who can recover damages in a motor vehicle accident?
Answer: Any individual who satisfies the no-fault thresholds are entitled to recover damages in motor vehicle accidents. The losses that an injured person can seek compensation for are called “damages.” A person who is injured in an accident caused by the negligence of another can seek compensation for damages including past and future medical expenses, lost wages in the past, loss of future earning capacity, physical and emotional pain and suffering, and disfigurement.
7. How long do I have to sue if I am injured as a result of someone’s carelessness or negligence?
Answer: The statute of limitations for car accident cases in the State of Texas is 2 years. There are certain exceptions and every case has to be evaluated closely on an individual basis.
8. What damages can I recover in a motor vehicle accident?
Answer: A person is entitled to recover damages for past medical expense, past wage loss, past pain and suffering, future medical expense, future impairment of running capacity and future pain and suffering.
Insurance Questions
1. What if I have no insurance?
Answer: If you are a passenger in an automobile and do not own or insure an automobile of your own, you would be entitled to recover your medical expenses and wage loss from the policy of insurance insuring the vehicle at the time of accident. Alternatively, if you reside with an individual who owns an automobile, you may be entitled to no-fault coverage from that policy. Each case has to be investigated in order to reveal the priority of coverage.
2. What if one of the other drivers has no insurance or has insufficient insurance to cover the cost of my damages?
Answer: In Texas, uninsured motorist coverage and underinsured motorist coverage is needed to protect against circumstances of this nature. If an uninsured motorist causes an injury, your own insurance will stand in and provide the coverage necessary to compensate you for your injuries if you have uninsured coverage on your policy. Similarly, if an insured individual is underinsured, your company will again step in to compensate you for those uncompensated damages if you have purchased that type of coverage.
3. What is uninsured or under insured motorist coverage?
Answer: Uninsured and Underinsured coverage is a supplemental coverage that must be offered to every person purchasing automobile insurance in Texas. Uninsured coverage will provide benefits if the at fault party does not carry insurance coverage at the time of the loss. Underinsured coverage will provide benefits if the at fault party’s coverage is insufficient to fully compensate the injured party for their loss. In Texas, considering the number of uninsured drivers, it is highly recommended that every person carry Uninsured and Underinsured coverage.
4. Who is usually included in my uninsured/under insured motorist coverage?
Answer: All residents of the household are considered insured for the purposes of uninsured and underinsured motorist coverage. Additionally, anyone else in your vehicle at the time of the loss would be afforded the same benefits as the insured.
5. Who is usually covered by automobile liability insurance?
Answer: Those individuals injured through the negligence of another are entitled to assert claims under an automobile liability insurance policy for damages. Keep in mind, however, that if a driver is listed as an excluded driver, then, liability insurance will not cover that individual when they are operating the vehicle.
TRUCK/SEMI/18-WHEELER ACCIDENTS
1. Who can sue in a truck accident injury or death case?
Answer: The injured victim, and in some cases their spouse. In a wrongful death case; it’s the spouse, children, and the surviving parents, are the ones that have a claim. Not all family members, nor the trustee.
2. Who can be sued in a truck accident case?
Answer: The driver, owner of the tractor, owner of the trailer, the company identified on the trailer even if other than the owner and driver. In some circumstances the loading facility that placed the contents in the trailer and possibly the owner of the contents of the trailer.
3. Is investigation important in a truck accident case?
Answer: Investigation is extremely important in all cases, but even more so in truck cases. Drivers must keep a log and by law may only drive a certain number of hours per day. Therefore, it is important to establish whether the log was properly kept and whether the driver was within the allotted hours of driving time when an accident occurred. Violation of these standards may impose additional liability on the truck. They can be difficult to discover if not investigated immediately.
4. What damages can I recover or the survivors of a loved one recover in a truck accident injury or death case?
Answer: In a death case the family would be allowed to recover damages by way of their loss of care, comfort, guidance, and support provided to the family members by the deceased. In addition, they would be allowed to recover any medical bills and established loss of earnings.
In a personal injury case the injured victim can recover for pain, disability, emotional distress, loss of earnings, loss of earning capacity, and any uncompensated medical bills.
5. How long do I have to file a lawsuit?
Answer: The statute of limitations in Texas for a personal injury claim arising out of the negligence of another driver is 2 years. The statute of limitations in Texas on a wrongful death claim is 2 years.
6. Why should I hire an attorney in a trucking case?
Answer: Truck accidents can be the most complicated and aggressively defended cases because of the parties involved. Therefore, having legal representation is extremely important to ensure the proper parties are involved and sufficient negligence is established. It is also important that you hire an attorney as soon as possible so that evidence is not lost or destroyed.
7. Will it cost me anything to hire an attorney in a trucking case?
Answer: M&A Law Firm works on a one-third contingency fee basis, if the case is successfully settled without the need for a lawsuit. That means that you only pay attorneys’ fees if you are successful in making a recovery. Therefore, it is in your best interest to hire an attorney as soon as possible.
8. How quickly should I contact an attorney?
Answer: An attorney should be contacted as soon as possible. Most law firms will give a free consultation. Therefore, you have nothing to lose by contacting an attorney early on. The downside to not contacting an attorney is that evidence as to negligence may be lost of destroyed. The longer you wait to retain an attorney, the harder it is for an attorney and their investigators to piece together the facts.
9. Is my case different if I am injured or a family member is killed by a semi tractor-trailer as opposed to any other automobile driver?
Answer: Yes. Trucks are required to carry higher amounts of insurance coverage. The drivers must also meet higher safety standards than other vehicle drivers. Trucks travel in interstate commerce and therefore, are subject to many federal regulations that do not apply to other vehicles. Trucking companies also have responsibility to perform background checks prior to hiring drivers and must periodically evaluate existing employees. Drivers are subject to limits on the number of hours they can drive in a given day. Drivers are also subject to testing for drugs and alcohol, both randomly and in the event of an accident. Violations of the Federal Motor Carrier Safety Regulation Act can provide the basis for establishing fault on the part of the trucking company and the driver.
10. Are expert witnesses necessary to prove fault in a truck accident case?
Answer: Every trucking case should have experts to assist an investigation and to analyze the information for potential testimony on liability. It is also important to employ experts in order to establish that safety inspections and driving logs were properly kept.
MEDICAL MALPRACTICE
1. What is medical malpractice?
Answer: Medical malpractice is negligent treatment by medical providers, such as a doctor, hospital, nurse, chiropractor, therapist, or other medical practitioner. If a medical practitioner fails to act in accordance with accepted standards of practice in the diagnosis or treatment of a condition, they may be responsible for all damages that result, including pain and suffering, medical bills, loss of wages, or a death.
2. What are examples of medical malpractice?
Answer:
Example 1 – A patient underwent surgery with a certain anesthetic, even though they had previously had a problem with that anesthetic. The patient suffered greatly or died from the effects of the anesthetic. An anesthesiologist runs out of oxygen in the middle of an operation and the patient has a cardiac arrest.
Example 2 – During abdominal surgery, a doctor becomes distracted and cuts into the patient’s liver, seriously damaging it. A review of the case by other surgical experts demonstrates that in her distraction, the doctor failed to follow accepted protocols and procedures. The clinic would be liable for the medical bills, pain and suffering, and loss of wages that result.
Example 3 – A patient undergoes spinal surgery to remove a disc. During the operation, nerve damage occurs that, despite additional surgeries, is unable to be cured. The patient therefore has to live with back pain. During back surgery, the spinal canal is accidentally punctured and the patient either suffers a serious disability or long-term pain. A patient undergoes back surgery, but a tear in the covering of the spinal cord is not detected. The patient develops spinal meningitis and dies.
3. When should I suspect that medical malpractice might have occurred?
Answer: In most cases, the presence of medical malpractice is obvious, such as Example 2 above. However, the mere fact that the result of a surgery or treatment is not what the doctor predicted or expected does not necessarily means that medical malpractice has occurred. Rather, anytime a person learns that a doctor, hospital, nurse, chiropractor, or other medical provider did not follow accepted medical procedure, they should be concerned that medical malpractice has occurred. Quite often, the presence of a medical practice case can only be learned through consultation with an attorney experienced in handling medical malpractice matters.
4. Should I report an act of medical malpractice to any organization or institution?
Answer: Yes, if you have reason to suspect that a doctor, hospital, nurse or other medical provider had failed to act in accordance with the requirements of standard medical practice, this should be reported to the Texas Medical Board.
5. What is the Statute of Limitations for filing a claim for medical malpractice in the State of Texas?
Answer: Medical malpractice actions must be commenced within two years of the act or omission giving rise to the injury, but not more than ten years after that date. For injuries to minors below the age of twelve, a malpractice suit must be commenced by the date of the minor’s fourteenth birthday.
6. Whom can I sue for medical malpractice?
Answer: The responsible medical provider, and any other organization such as a medical corporation or hospital for which that individual worked.
7. Can I Sue a doctor for malpractice even though my case did not involve a surgery?
Answer: Yes. For example, failing to identify and treat a disease like cancer can give rise to a claim.
8. What damages can I recover in a medical malpractice case?
Answer: Where injury results, the damages include medical bills, both past and future, wage loss, both past and future, and past and future pain and suffering, as well as any disfigurement caused by the malpractice. In wrongful death cases, damages include medical bills, loss of support for family members, and loss of the aid, comfort, society, and companionship that the deceased person would have provided to the family members had he or she lived.
9. Do lawsuits take a long time? Is that true with malpractice cases?
Answer: Sometimes, but not always. Variables that affect the length of time a case takes include complexity of the case, the willingness of the insurance company for the doctor, hospital, nurse, chiropractor or other medical practitioner to resolve the case, and how long it takes to fully determine your damages from the medical malpractice.
10. How do I prove that I have been injured through medical negligence?
Answer: In most cases you need to have expert testimony, not only on the fact that the doctor was negligent but also what injuries you sustained as a result.
11. How much money will I receive if I win my medical malpractice case?
Answer: Texas limits non-economic damages for all doctors and health care practitioners to $250,000.00. Total liability for any one health care facility may not exceed $250,000.00, and total liability for all defendant health care facilities may not exceed $500,000.00. This creates an effective overall damages cap of $750,000.00.
12. Do I need to retain an attorney in a medical Malpractice case?
Answer: Yes. Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.
Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00. Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm.
13. How quickly should I contact an attorney?
Answer: Immediately. If you have been seriously injured or damaged by professional malpractice, it is important to seek the help of other professionals to verify that the malpractice occurred and determine what can be done to repair the damage caused by the malpractice. Contact us at 1-866-789-1664, or fill out the form on this page.
PRODUCT LIABILITY
1. What is product liability?
Answer: Product liability law requires manufacturers to design, manufacture and provide proper instructions and warnings to foreseeable uses of their products for all consumers’. This applies to all products, from: toys and cribs, automobiles, industrial products and medical devices. If a product manufacturer produces a defective product, fails to warn the public of the defect or fails to remedy the defect, the manufacture is liable for the injuries and damages caused by the defective product.
2. If a defective product injured me or a loved one, who can I file a claim against?
Answer: You can make a claim against the manufacturer of the product and in some cases the seller of the product, such as a distributor. If there have been changes made to the product or repairs, the individuals or entities involved in changing the product or making the repairs may also have some responsibility, depending upon what was done and when.
3. What must be proven in a product liability case?
Answer: There are three basic elements in a product liability case:
(1) The product must have been in a defective condition o reasonably dangerous for its intended use, at the time it entered into the consumer’s hands. This can include negligence in the design of a product, a manufacturing defect, which occurs when the product is sent out into the public without proper quality control and inspection, and/or if the warnings and instructions are improper.
(2) The defect must have existed when the product left the manufacturer’s control.
(3) the defect must have been the proximate cause of the injury or death. Proximate cause is a legal term, which means a cause, and not necessarily the only and single cause.
4. What if the product had a visible disclaimer? Does the manufacturer still have an obligation to warn?
Answer: A product disclaimer does not always protect the manufacturer from liability. The end use of a product is foreseeable and it is foreseeable that it will be used by inexperienced consumers. As such the product manufacturer must still ensure that the product will not lead to injury and/or the death of the consumer.
5. What damages can be recovered in a defective product case?
Answer: You can recover for past and future medical expenses, funeral and related injury expenses, pain, disability and emotional distress, diminished earning capacity and disfigurement, both in the past and in the future. Your uninjured spouse may also have a right to recover for the loss of services and society caused by your injury.
6. When is a manufacturer liable for injury caused by a defective product?
Answer: A manufacturer is liable if they admit liability or are proved liable in a court of law, by a verdict. However, many times liability will never be accepted, even if and when a case may settle.
7. Do I need to retain an attorney and how soon?
Answer: Product manufacturers and their insurers have major resources and personnel to immediately begin preparing a defense of the claim. It is in your best interests to have an experienced law firm assisting you in securing your legal rights, as soon as possible. It is imperative to gather evidence immediately after an injury occurs and to begin implementing a plan of attack to secure justice. Time is of the essence in product liability cases, and the teams of attorneys at M&A Law Firm stand ready to pursue the responsible parties.
PREMISES LIABILITY AND SLIP & FALL
1. What is Premises Liability?
Answer: Premises liability refers to the body of law, which holds a landowner and/or possessor of real property liable for injuries to others who suffer injury on their property. In Texas, a premises liability lawsuit often arises from the property owner’s or occupant’s failure to maintain the property in a safe condition or failure to correct a dangerous condition on their property, which they knew about or upon reasonable inspection, should have known about.
2. What are the most common types of premises liability?
Answer: Slip and fall and trip and fall accidents are the most common claims involving premises liability lawsuits. Common causes of slip and fall or trip and fall injuries are due to foreign substances on the floor. The foreign substance is either sticky or slippery. Other common causes are unmarked uneven surfaces, holes on the walking surface, or defects on a floor or stairway. Dangerous conditions on the property contributing to injuries may include unsafe design or unsafe construction of buildings, poor lighting or inadequate lighting.
3. What is a slip & fall accident?
Answer: Slip and fall describes the type of injury suffered on someone else’s property as a result of a defect, slippery substance or other dangerous condition. These injuries commonly occur at supermarkets and restaurants and are due to food on the floor. They can also occur when inadequate steps are taken to remove ice and snow from sidewalks, driveways, and parking lots.
4. Is the owner or the person injured responsible for a slip and fall accident?
Answer: The general rule of law is that the owner or operator of the premises has a duty to keep the premises in a reasonably safe condition or at least warn individuals of dangerous conditions of which the owner or possessor of the land either caused, knew about or should have known about.
5. Do I fill out an accident report at the time of the fall?
Answer: It is best that an incident report be completed at the time of the incident. The accident report should specify what happened, who witnessed both the accident as well as the condition that caused the fall, along with any other important information such as the lighting conditions. The requirement for report is generally a question of store or business policy rather than something that’s mandated by the law.
If a report is not completed at the business location or the fall occurred at a private location or was not observed by others, you should compile a record of what happened yourself, including as much information as possible describing the circumstances of the fall, who was present, and any comments made by anyone who saw or helped you after the fall. If it is possible, photos of the area should be taken as soon as possible.
6. Who will pay my medical expenses?
Answer: Most businesses have a general liability policy that contains a medical payments provision to cover at least some of your medical bills. Also, homeowner’s policies also carry medical payments provisions, which will pay for some of your medical expenses. If the limits of those policies are exhausted or they are not available for some reason, then a person can look to their own health insurance policies to cover any medical expenses.
7. What damages can I recover in a Texas premises liability case?
Answer: Compensations for slip and fall accidents are similar to all personal injury claims. Recovery may include the payment of medical bills, wage loss, pain and suffering, potential future medical expenses and potential future loss of earnings or earning capacity.
8. Is my landlord liable for injuries sustained on his property?
Answer: Generally, yes, but win a claim like this you must establish, among other things, that the landlord was in control of the area, that the landlord knew of the defect or dangerous condition on the property, and that the landlord’s failure to take reasonable care caused the injury.
9. How long do I have to bring a lawsuit for premises liability?
Answer: Texas has a two-year statute of limitations.
10. Do I need an attorney to bring premises liability case?
Answer: It is important to make sure that your injury is minor and completely healed before you attempt to settle any case. In cases involving more serious injuries, it is generally advisable to retain an attorney. The most obvious premises liability cases, the business or homeowner’s insurer will deny responsibility for your claim or significantly under-evaluate your damages and these cases usually have to be litigated.
WRONGFUL DEATH
1. What is wrongful death?
Answer: Wrongful Death is when a person’s death is caused by the wrongful act or negligence of another. Wrongful death is the basis for a lawsuit, a wrongful death action, against the party or parties who caused the wrongful death. Action may be filed on behalf of the members of the family who have lost the company and support of the deceased due to wrongful death.
2. Who can bring a wrongful death case?
Answer: Texas law designates certain survivors who are entitled to pursue a wrongful death case.
* If the decedent was married, the spouse at the time of death can bring a lawsuit. If the decedent also had children, the children can also bring a lawsuit.
* If the decedent was married but had no children, then the decedent’s parents are allowed to bring a lawsuit.
* Brothers and sisters are entitled to bring a wrongful death action if the decedent has no surviving children or parents.
* If a young child dies, the parents are entitled to bring a wrongful death action.
The answer as to who exactly can bring a wrongful death action in any given case can be complex; therefore, anyone considering a wrongful death action should consult with a wrongful death attorney.
3. How is the amount of damages determined?
Answer: Many things are considered, such as the decedent’s contributions in the past, their life expectancy at the time of their death, their health before the accident, their age, habits, occupation, past earnings and likely future earnings.
4. What is the Statute of Limitations for filing a claim Wrongful Death case?
Answer: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date. If the death resulted from professional negligence (such as medical malpractice) then the laws pertaining to medical malpractice apply.
5. Are all state laws the same regarding wrongful death?
Answer: No, there are many differences between each state’s wrongful death laws. Determining the state in which you should bring a wrongful death action is a very important decision, because some states do not allow certain types of damage awards and/or may have different statutes of limitation that establish the time frame within which you must file suit.
6. What are the economic damages survivors are entitled to in a wrongful death case?
Answer: No matter whom the defendant is, the amount and type of financial recovery the plaintiff can make, depend on the law of the state in which the case takes place. Although Texas Law generally speaks of “pecuniary loss” in wrongful death cases, compensation can include damages for such things as loss of support, past and future income, loss of companionship, guidance, advice, love and affection.
7. Do I need an attorney to pursue a wrongful death case?
Answer: In almost every wrongful death case, the potential plaintiffs should consult with an attorney. The law in this area is complex as to who is entitled to bring a case and who is entitled to a recovery.
8. Can the heirs hire separate attorneys?
Answer: Yes, the individual heirs can retain separate attorneys which is sometimes necessary in cases in which the heirs are hostile to each other; however, even in this situation, the heirs should limit their hostility because it will ultimately driving down the entire value of the case.
9. How soon should I contact an attorney?
Answer: An attorney should be contacted immediately after contacting the necessary authorities and medical service providers, if needed. As your attorneys, we can explain the process from beginning to end, assist in locating and securing appropriate medical attention, and, will work with the insurance company to make sure that you are fully compensated for your losses.