Articles Tagged with Dallas Personal Injury

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Insurance-Claim-PictureThe insurance company is not your friend. I feel like I say this to every potential client, and I get the same response “they’ve been really friendly so far.”

Then we get into the claims process and get down to brass tacks and the client quickly realizes that, had they gone into this without an attorney, what would have been considered “fair” by the insurance adjuster’s definition would have been much different and less zeros on it.

Case in point, I was speaking to a friend recently I had not seen in nearly a decade and it came up that he had been involved in an 18-wheeler accident a few years back. He told me how he had tried to go it alone for a while against the insurance company, in part because they seemed to be on his side and they accepted liability right away. He was hurt pretty bad in the accident and required shoulder surgery and weeks of rehabilitation.  However,  in his initial meeting with the insurance company’s adjuster, they offered him $1,500. He said he couldn’t believe it and as he said it, he seemed to think that I should be surprised too, but I wasn’t.

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personal_injury_law-300x215We get this question a lot from our clients and potential clients here in Forney, Rockwall and Dallas. The question often boils down to “how long do I have to sue the other driver?”

The easy answer is two years. But, that is not the legal answer. The legal answer involves a review of  a state statute and a little bit of case law.  The limitations periods in Texas are set out in the Texas Civil Practice & Remedies Code. So, that is where we start.

Chapter 16 of the Texas Civil Practice & Remedies Code provides in pertinent part that a person must bring suit for personal injury not later than two years after the day the cause of action accrues. Pretty simple, right? Almost. The statute does not say when the cause of action accrues, it only says that you have two years from the accrual date.

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fender-bender-300x216Hospital bills piling up? We know how that goes. Literally. After you are injured in an accident, you will probably have several different kinds of bills related to medical services that were provided to you after the accident. You will likely have hospital bills, ER doctor’s bills, and emergency services bills, such as the EMS ambulance that treated you and transported you to the hospital. You will have the emergency room bill for the treatment you received there. Additionally, you may have subsequent treatment from your family doctor, or you may need to have additional treatment by a specialist. All of these providers will want to place a lien on your recovery, or put your account under a letter of protection to protect their right to recover money for the services they provided you once your case settles or goes to trial.

The job of a personal injury attorney is to determine which of these liens has priority and to settle these liens with the providers once your claim has been settled or a judgment has been paid. We often hear questions from injured clients and injured potential clients when they come meet with us in our Forney, Dallas, or Rockwall locations about how their doctor’s bills will end up affecting their recovery. In order to understand how these liens will affect your recovery for injuries you received here in Forney, Dallas, Rockwall or anywhere else in the State of Texas, you need to have a basic understanding of how the liens work and how they are perfected by the hospitals. Only then can we begin to understand how much they will affect your recovery.

How Do Hospital Liens Work?

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Photo Credit: Chopper 11 (CBS DFW local)

This Thursday a DPS Trooper was injured on highway 80 while attempting to conduct a routine traffic stop of an 18-wheeler here in Forney, Kaufman County, Texas. It started out normal enough, but when the 18-wheeler travelling behind the Trooper failed to see traffic slowing in front of him, he slammed into the Trooper’s vehicle, causing the Trooper’s vehicle to hit the 18-wheeler that he was attempting to stop.

The first question to ask is “why did it happen?”

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Stowers-300x188Sounds cool, doesn’t it? Stower’s Doctrine. Its got moxy. The Stowers Doctrine is as Texan as they come. From the Stowers Doctrine flows the Stowers Demand, a powerful settlement tool in personal injury practice.

But what is a Stowers Demand, exactly? Where does it come from? What does it do? Well, ask any attorney who deals with insurance companies on a regular basis and they will tell you it is a lifeblood of a personal injury practice. In our practice here in the Forney, Rockwall and Dallas area, once damages have been reasonably calculated, we always send a Stowers Demand to the insurance company. It is quite possibly the single most powerful pre-trial tool a personal injury attorney has to maximize settlement dollars for their client.

What is a Stowers Demand?

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personalinjury3-300x201The answer is simple, but to understand importance of the work they do, and the value they bring to their clients, you must understand a little more about the process of handling personal injury claims. It is no cake walk, even for experienced personal injury attorneys.

Notifying Insurance Companies and Establishing Communications Between the Parties

A personal injury attorney will notify the insurance providers of the claim for injuries and that the injured party is represented by counsel. This is true whether it is a motor vehicle accident, boating accident, commercial vehicle accident, or even slip-and-fall. These providers must be provided “notice” of the claims being made by the injured parties that were caused by their insured. In addition to notifying the at-fault parties insurer, the injured party will need to notify their own insurer of the possibility of any claims under their own UM/UIM in the event that the other party has no insurance or carries insufficient coverage to pay for the damages that have been suffered.

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According to inForneHeartland-image-300x200y.com’s Mathew Richards, one teenager was killed in the crash and another was transported to Baylor Medical Center in Dallas, Texas, in unknown condition, Texas Department of Public Safety spokesperson Sgt. Kyle Bradford told inForney.com.

The crash was reported at approximately 4:20 p.m. on County Road 257 just north of Farm-to-Market (FM) 2757 and south of the Heartland community. An approximate five-acre grass fire was sparked as a result of the crash which saw a fire department response from Crandall, Forney, and Kaufman. Bradford says the vehicle was traveling eastbound on County Road 257 when, for yet to be determined reasons, the vehicle left the roadway.

Responding officers closed a portion of the roadway as their investigation continues. Trinity Valley Electric Co-op initially reported a power outage in the area but have since rerouted utilities and restored a majority, if not all, power to area residents – See more here.

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Traffic-i35_jpg-300x199Via Fort Worth Star Telegram- The identity of a little girl who was killed in a four-vehicle crash on I-35 has been identified. 4-year-old Sofia Cardenas, was killed and another female was taken to the hospital Tuesday morning in Burleson as a result of a crash Interstate 35.

According to the Tarrant County medical examiner, Cardenas died after being taken by CareFlite to Cook Children’s hospital in Fort Worth. .

Burleson police and fire responded to the crash around 7:45 a.m. at the 800 block of northbound I-35W, said city spokeswoman DeAnna Phillips.

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Via inForney.com, a driver was injured early Friday morning when the driver’s vehicle struck the back of the 18 wheeler, causing significant damages to the driver’s vehicle. The accident happened around 3:22 am near the Kaufman-Van Zandt county line on I-20. It is not clear as to who or what caused the accident.

For more information, follow this link to the story on inforney.com.

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