The City of Fort Worth reported 9,639 total accidents.  Of these, 1,758 serious injuries were reported as a result of these accidents, while 68 fatalities were also reported.  At the same time, Tarrant County logged in 22,884 total accidents.  Of these, 5,858 involved serious injuries and 134 fatalities were reported.

Statistics were also released for other individual cities in the Fort Worth area.

The City of Dallas reported 23,648 total accidents.  Of these, 4,607 serious injuries were reported as a result of these accidents, while 122 fatalities were also reported.  At the same time, Dallas County logged in 35,811 total accidents.  Of these, 7,729 were serious injuries and 168 were fatalities.

Statistics were released for other individual cities in the Dallas area.

Medical Expenses. A person who suffers a personal injury and seeks medical treatment is entitled to recover the amount of the medical expenses incurred.  This includes, ambulance bills,  emergency room and hospital expenses, as well as any follow up treatment, surgeries, or physical therapy.  However, medical expenses are limited to the amounts that were actually paid or incurred by the injured party or their health insurance company.  Recovery is not allowed for any amounts that have been written off or discounted by the health insurance company.

Lost Wages. If you are injured and lose work due to pain, incapacity, or to attend doctor’s appointments, then you would be entitled to reimbursement for the wages attributed to the time missed from work.  If you get paid by the hour, then your recovery would be the total number of hours missed multiplied by your hourly wage rate.  If you are a salaried employee, then your salary would be broken down into a per diem rate and your lost wages would be calculated accordingly.  Lost wages are, however, subject to being discounted for incomes taxes.  Even though personal injury settlements are not taxable income, Texas law states that lost wages that are recovered in a personal injury case are limited to the net wages after federal income tax liability.

Physical Pain and Mental Anguish. Texas law also provides that a person who is physically injured is entitled to a monetary award for physical pain and mental anguish.  Where the damages previously discussed can be easily calculated by reference to billing statements or simple math, pain and suffering is an amount awarded that best reflects the physical pain someone endured as a result of the injury.  The jury (or judge in a bench trial) puts a dollar amount on the plaintiff’s pain and suffering based upon the evidence on the injury.  Some factors that may influence the amount awarded include the seriousness of the injury, the duration of the injury, the effect the injury had on the daily routine of the injured person, and the level of depression and embarrassment endured.

Physical Disfigurement and Impairment. Some injuries can have long lasting and even permanent limitations.  Examples include scarring, burns, amputations, brain injuries, and paralysis.  These types of injuries tend to make for much higher awards since they involve more serious injuries and because the injured party has probably experience a life-altering event.  Likewise, the injured party would have to plan for future life-care such as in-home nursing, maid services, transportation, etc.

Unless the parties are able to settle their dispute without the need for a trial, then a jury (or judge in a bench trial) would ultimately decide what amount of damages an injured person is entitled to recover.  Although most cases are settled without going to trial, settlement are generally reached between the client and the insurance company based upon historical understandings of the tendencies of jury awards in similar circumstances.  That is why it is very important to retain an experienced personal injury trial lawyer who can structure your case in the best possible way to optimize your recovery.

Under Texas law, every automobile liability policy must provide for UM/UIM coverage unless it is expressly rejected in writing.  Therefore, even if your coverage summary does not expressly provide for UM/UIM coverage, you are presumed to have the state minimum UM/UIM coverage unless the insurance company has obtained your signed rejection of that coverage.  In all my years of practice as a car accident lawyer, however, I have only had one case where the insurance company could not produce my client’s signed UM/UIM rejection form.  The end result was that the insurance company had to provide UM/UIM for my client’s accident even though she never paid for the coverage.

Uninsured motorist coverage (“UM”) works just like it sounds.  If you are in an accident with a vehicle that is uninsured, then your UM coverage will step into the shoes of the other driver’s liability insurance.  However, in order to be eligible for UM coverage , the accident would have to be determined to be the fault of the uninsured motorist.  If the accident is found to be your fault, then UM does not apply.  You would then have to look to other coverages like collision or personal injury protection.

Once the other driver is determined to be at fault and uninsured, then your adjuster will  evaluate your claim based upon what you would be legally entitled to recover from the uninsured driver.  The adjuster will estimate the damages to your car and either pay for the repairs or will pay for the value of the vehicle if it is determined to be a total loss.  If there are any personal injuries, then the adjuster will investigate and evaluate that part of your claim separately.

Under-insured motorist coverage (“UIM”) works  a little different than UM coverage.  With UIM coverage, the other vehicle does, in fact, carry liability insurance.  However, the other driver’s insurance coverage is not enough to fully compensate you for your injury or damages.  For example, if your car is totaled in an accident and is worth more than the coverage limits of the at-fault vehicle, then your UIM coverage will step in and pay the difference up to your coverage limits.  The same is true for your personal injuries.  If your injury claim is worth more than the coverage provided by the at-fault vehicle, then your UIM coverage will cover the short-fall up to the limits of your UIM coverage.

If you have been involved in an accident with an uninsured or under-insured vehicle, call or contact me for more information and a free consultation.

In my office, I understand and appreciate that it is extremely difficult for a client to hand off a serious legal matter to an attorney only to be left in the dark about the status or progress of their case.  The client needs (and deserves) to know that the lawyer is always moving forward with the case and not letting things sit idle.  It is true that legal matters do take time to resolve.  But the last thing a client needs is any extra delay because the attorney is not being diligent in pursuit of the client’s case.

Of course, at my office, I do what I can to make sure that clients (and potential clients) are able to reach me when they have any questions or concerns about their case.  First, my telephone number rings directly in my office.  Likewise, my calls are not intercepted or filtered through a secretary or paralegal.  Second, if I am not in the office, my telephone calls are forwarded to my cell phone.  Third, I commonly communicate through email.  Therefore, I always make my direct email address available to anyone who needs to reach me.  And last, in the event you do reach my voice-mail, I make it a point to return the call the same day or evening.

If you are the victim of a wrongful death or serious personal injury, contact me for a free consultation and personal case review.

An LOP basically provides that the treating doctor will get paid out of any recovery from the client’s case so long as the doctor agrees not to seek collection of the medical bill until the case is concluded.  Once the case is concluded, then the doctor will get paid from the proceeds of the settlement.  But what if there is no settlement?  Technically speaking, the client still owes the doctor.  But because the vast majority of cases settle out of court, this is not necessarily a major initial concern.

Your lawyer might also insist on certain conditions before issuing an LOP to a doctor.  For instance, the lawyer may insist that the doctor provide all final treatment and billing records free of any copying charges, or that the doctor will not bill any other insurance while the LOP is in effect.  Sometimes, an LOP might even provide that the doctor will agree to give testimony in a deposition or at trial free of any expert witness fees.

There are, however, some other practical problems with LOPs.  First, if your case goes to trial, the issue of the LOP may come out.  If it does, then the jury may think that the doctor and lawyer are working together to bolster the client’s case.  Likewise, the jury might think that the medical treatment was incurred for the sole purpose of building up an injury case.

Second, insurance adjusters usually look negatively on LOP doctors.  The adjusters tend to believe that LOP doctors inflate their bills in order to help the lawyer get higher settlements.  On the contrary, what usually ends up happening is that the insurance adjusters will make even lower settlement offers knowing that the doctor has already figured in a reduction of their outstanding bill.

Third, if there is a settlement, your lawyer had better be confident that the doctor will negotiate the outstanding balance in order to help conclude a settlement.  If you reach a settlement and the doctor plays hardball, then you might have a stalemate in getting the settlement finalized.

Whether or not your lawyer should issue an LOP in your case depends on various circumstances.  Once you meet and consult with your lawyer, a decision can be made at that time whether or not an LOP is the best option for you.

Unfortunately there are people who do abuse the legal system.  And even more unfortunate is the fact that there are lawyers who are willing to take those cases.  When I come across cases that I believe are being inflated or exaggerated, I politely tell the caller that I am not interested in the case.  But for every person with an illegitimate case, there are 20 others cases that are legitimate and deserve to be pursued.  It’s those small number of illegitimate claims that are highlighted by the insurance industry in their “tort reform” campaign to discourage anyone and everyone, including legitimate claimants, from pursuing their rights.

The stigma that has attached to our judicial system because of illegitimate claims should not discourage law abiding citizens from using our judicial system as it was intended to be used.  In a truly democratic system of government, courts are created for a purpose.  They make sure  every citizen’s rights are preserved and protected by providing a process in which disputes are fairly resolved.  If responsible citizens do not engage our court system to resolve their disputes, then there would be no incentive for people to take responsibility for their unlawful actions.  And when that happens, the rest of society pays for that person’s short-fall.

Mediation.  Almost every personal injury case will go to mediation.  Either the attorneys will agree to attend mediation or the court will order mediation.  Mediation is  an informal settlement conference.  Both sides will meet at the mediator’s office.  The mediator will work with each side individually discussing the pros and cons of their case in an effort to get the parties to come to some sort of agreement.  Many times mediation is successful in reaching a settlement, and sometimes it is not.  Because settlement is completely voluntary, the mediator does not decide the case nor can the mediator force the parties to settle.  If the mediator is successful in getting the parties to settle the case, then a short settlement agreement will be signed at the mediation.  Even though the parties will execute more formal settlement documents after the mediation, the agreement signed at the mediator’s office is legally binding.

Trial.  If the parties are unable to settle their case, then the case will most likely go to trial.  The court will set your case for trial depending on the court’s docket.  The case can be tried before the judge or a jury.  In order for the case to be tried before a jury, one of the parties must request a jury trial.  Unlike mediation, the insurance adjuster does not participate in the trial of the case, except maybe as a spectator.  Legally speaking, the trial is between the two named parties to the suit.  If it is a car accident case, then the plaintiff would be the injured party, while the defendant will be the other driver.  The insurance adjuster is not mentioned during the trial, nor is the defendant’s insurance company.  This is probably the most frustrating aspect of a typical personal injury trial.  Throughout the entire case the injured party is dealing with the insurance adjuster.  Then when it comes to trial, the jury only sees the actual parties to the accident and doesn’t even know whether or not insurance is involved at all.  Some states do allow direct actions against the insurance company in a personal injury case, but not Texas.  The jury only sees and hears from the two parties, any witnesses, and the lawyers.

I hope you enjoyed my four-part series on the stages of a typical personal injury lawsuit.  My purpose was to take the mystique out of the process and make it more understandable to the layman.  However, do not substitute these articles for competent legal representation.  These articles are only intended to serve as basic information.;  They are not intended to act as a “do-it-yourself” guide to handling your own case.  If you are the victim of an injury caused by the negligence of another, then contact and retain a lawyer to represent you.

If you are a plaintiff is a lawsuit, you can almost count on your deposition being taken by the opposing attorney.  This is routine.  For instance, if you are claiming that you were injured in a car accident, the opposing attorney would want to take your deposition in order to find out more about your version of the accident and your injuries.  The attorney will ask very detailed questions about how the accident happened including the time, place, and events surrounding the accident, as well as discussions you had with police officers and others at the accident scene.  With regard to your injuries, the attorney would ask questions concerning your physical complaints and medical treatment, and would also ask about prior claims, injuries, or medical treatment you may have had in the past.  These are all relevant issues in a personal injury case.  I always tell my clients that, no matter how frustrating and intrusive you believe the deposition is, you must remain polite and courteous at all times.  Do not become rude or argumentative.  If you are polite and courteous, then you come across as more credible and confident in the merits of your case.  If you are rude and combative with the other attorney, then the attorney knows that you may not make such a good impression on the jury should the case go to trial.  How you come across in a deposition can be a very important factor in any potential for a pretrial settlement of your case.

Because depositions are intended as a pretrial investigative tool, the scope of a deposition is much broader than the questioning at trial.  Therefore, just because an issue is brought up in a deposition does not necessarily mean that the issue will come up at trial.  If the case goes to trial, then the matters contained in a deposition are subject to the same rules of admissibility as the other testimony and evidence at trial.  During the deposition, an attorney may object to certain privileged matters or to protect against harassment of the witness.  Other than those few circumstances, there are far less opportunities to object to testimony in an oral deposition.

The deposition is usually conducted at one of the attorneys’ offices and is taken before a certified court reporter.  The deposition is taken under oath and the witness is subject to the same penalties of perjury as if the witness is testifying live in court.  When the deposition is completed, the court reporter will transcribe the entire deposition into a transcript.  That transcript is the official record of the deposition and may be read aloud at trial (subject to the rules of evidence and admissibility).  The deposition may also be video-taped and the video may be shown at trial.

Oral depositions should not be confused with written depositions.   A party may take the deposition of a witness by written questions rather than by oral questioning.  Generally speaking, though, written depositions are reserved for those situations where the “witness” is asked to provide routine or mundane information or documents.  Examples would include a written deposition to a medical records’ clerk to provide medical records, or to the Plaintiff’s employer in order to obtain employment information or documents.

“Requests for Initial Disclosures” are requests for information that are already pre-drafted and provided for in Rule 194 of the Texas Rules of Civil Procedure.  They consist of requests for information generally relevant in any civil lawsuit, such as a general description of the parties’ claims or defenses, a description of the damages sought, the identity of any potential witnesses, the production of any applicable insurance policies, witness statements, etc.  Once a party makes a written request for initial disclosures, the other party must respond with the appropriate information.  A request for disclosures made pursuant to the rules is not subject to objection by the responding party.  Likewise, requests for disclosures probably reflect the most efficient and streamlined of all the discovery procedures.

“Interrogatories” is just a fancy term for written questions.  Unlike requests for initial disclosures which are already pre-drafted by the rules of procedure, interrogatories are individually drafted by the requesting party and served upon the other party to answer.  For instance, in a typical car accident case, a plaintiff may draft interrogatories asking the defendant to state his version of the accident, to state whether his driver’s license has ever been suspended or revoked, to describe any previous accidents he may have had, etc.  In the same respect, the defendant might ask the plaintiff to describe his injuries and medical treatment, his current and past employment. and to describe any past accidents or injuries.  Once a party is served with interrogatories, the responding party must provide written verified answers or risk having the information excluded from evidence at the trial of the case.  Furthermore, interrogatory answers may be used against the responding party at trial.

“Requests for Production” are requests for the other party to produce or provide documents and physical evidence for copying, inspection, photographing, testing, etc.  Unlike interrogatories, the responding party does not provide substantive answers, but actually provides physical evidence for the requesting party.  For instance, in a car accident case, the plaintiff may ask the defendant to produce a copy of the front and back of his driver’s licenses, the police report, photographs of the accident scene and the vehicles, etc.  The defendant might request the plaintiff’s medical records and bills, x-rays, injury photographs, income tax returns, check stubs, etc.  A party may also request an opportunity to inspect or photograph certain property.  For instance, in a slip-and-fall case, the plaintiff may ask for any opportunity to inspect and photograph the area of the fall.  Or in a case involving a defective product, the plaintiff may request to inspect the actual defective product.  The purpose of requests for production are to obtain access to actual documents and physical evidence that may be relevant to the case.

“Requests for Admissions” are requests where one party asks another party to admit or deny certain facts about the case.  The objective here is to simplify the case by determining what issues and facts are really in dispute.  For example, the plaintiff in a car accident case may request the defendant to admit that he was the driver of the car at the time of the accident, or admit that he was acting in the course and scope of his employment at the time of the accident.  The responding party would either have to admit or deny the request, or state why he cannot either admit or deny.  Once a party admits the fact, it is considered conclusively proven for purposes of trial.  If the party denies the fact, then the fact may still be established  by competent evidence at trial.  If a party fails to respond to a valid request for admissions, then the requested fact is deemed admitted for purposes of trial.