FAQ's
Frequently Asked Questions
Wrongful Death Cases
Since every case is different, it is impossible to determine how much money you will get. Of course, the recovery can be quite substantial especially because of the devastating effects a wrongful death can have on the lives and futures of the surviving family members.
But much also depends on how much money is actually available from the liable party. If the negligent party has no assets other than an insurance policy, then you might be limited to the available policy proceeds.
The simple answer is: You don’t! You hire an attorney to represent you instead. A wrongful death case is quite complicated and requires the help of an experienced attorney.
The most common types of recoverable damages in a wrongful death case can include loss of financial support, as well as loss of consortium. “Consortium” includes the love, society and companionship of the deceased.
You can also sue for the actual injuries sustained by the deceased in the accident including medical expenses, pain and suffering, and mental aguish. This is called a “survival claim.”
Personal Injury Cases
Generally, you are entitled to medical expenses, lost wages, pain and suffering, and mental anguish. If you injuries are more serious, permanent or leave scars, you can also recovery damages for disfigurement and physical impairment.
An attorney should be able to get you the medical treament you need wihtout any money out of your pocket. The docotr may enter into an agreement to defer any collection efforts on their bill until your case is completed. If there is a settlement, then your attorney will work together with the docotr to pay their bills out of the settlement proceeds.
If your injuires are very severe and will require more specialized medical treatment, then using your health insurance may be your only option. However, sometimes involving your health insurance may be problematic when it comes time to settle your case becuase they will likely be entitled to reimbursment for the money they paid. That is why it is important to consut with an experienced personal injury attorney early on in order to determine what is the best option for you and your case.
Car Accidents
Always get the name, address, telephone number of the other driver. Also, get the insurance company name and policy number. Taking a picture with your phone of the other driver's license and insurance card is a good idea. Also, if there are any witnesses to the accident, get their names and telephone numbers as well. If possible, take pictures of the accident scene, the vehicle damages and license plates.
Unfortunately, nearly 1 out of 5 vehicles on our Texas roadways are uninsured. If you are involved in a car wreck with an uninsured vehicle, then your might have to make an uninsured motorist claim on your own policy. This would also be true if you get into a “hit and run” accident.
Even if the other vehicle had insurance, but the insurance is not enough to cover your losses, then you can also make a claim for Under-insured Motorist on your own policy.
Therefore, it is always smart to carry the right types of insurance coverage just in case you need it.
There are a couple ways to get a police crash report. First, you may go down to the police department and request it in person. Second, there is a website called the Texas Crash Records Information System. There, you can download a copy of your accident report online.
Hiring an attorney for your car accident case is not only smart, it is simple. All you do is call the attorney’s office and ask to speak with someone about a new case. Of course, when you call Robert C. Slim, you will talk to him personally. And the consultation is absolutely free.
All my car accident injury cases are handled on a contingency fee basis. That means the attorney is paid when their is money recovered on your case. if there is no recovery, then there is no fee. You will never pay the attorney fees up front.
Every injury case is different and there is no way to accurately predict how much any case is worth. No reputable attorney will try to predict what your case is worth. And if they do, you might want to seriously reconsider who you are dealing with.
There are many factors to that go into the value of any case. Most obvious is the severity of the injuires and amount of the medical expenses. But other factors can greatly effect the value of the case such as comparative fault, and even the venue of the accident case. Additionally, the availability of insurnace is a major factor. Even if your case if worth a million dollars, there may not be a that much insurance coverage available to pay that much on your claim. .
The main thing to understand is that by hiring an attorney, the attorney will be able to manage your case for a maximum settlement recovery.
Accident with Company Car or Commercial Vehicle
A company car or commercial vehicle is a vehicle that is used for a business or commercial purpose. An obvious example includes 18-wheelers and other big trucks. These vehicles are normally used for delivery and transporting goods for commercial purposes. But a normal passenger vehicle can also qualify as a company car. Normally, if the car has some sort of business name, logo, or symbol on it, then it is likely being used as a company car.
Usually, company vehicles are covered by much larger insurance policies than private passenger cars. That is because companies tend to have more assets that need to be protected from legal claims such as car accidents. Someitmes, these policies can be a million dollars or more. That doesn't mean you will recovery that much money. It just means there is more money available under the policy to cover your damages especially if the accident causes serious injuries or death.
Trucking Accidents
Yes. Most cases of trucking accidents involve lawsuits against trucking companies. There are provisions in Texas law whereby you can file your case not only against the particular truck driver who hit you but also against the company he or she works for.
Every accident case is different and there is no way to tell how much any given case is worth. It all depends on many factors such as the severity of the injury and amount of medical expenses. Although an accident with a big truck can be more serious and result in severe injuries or even death, this is not always the case. However, if the inuuires are serious, then trucking cases tend to involve much larger liability policies which means there is potentially more to collect for your injuries.
Dog Bites and Animal Attacks
Seek immediate medical attention and report the incident to local authorities. Be sure to get the dog owner's name, address and teelphone number.
Technically, any person who is responsible for cntrolling, retraining or cinfinf the dog is responsible. This is usually the dog owner. But sometimes a dog walker or boarder can also be responsible if the dog was under their control at the time of the incident.
Yes, you are entiteld to damages for medical expenses, lost wages, pain and suffering, and mental anguish. If scarring or permanant injuriy is involved you may also sue for disfiguement and physical imapirment.
Evidence such as photos of injuries, witness statements, and veterinary records of the dog can be crucial. Also, if the city's animal control department investigated the incident, then their report would be a very important piece of evidence.
Drunk Driving Accidents
Yes. An insurance company will still provide coverage even if their driver was drunk. Additionally, the insurance compnay could also be responsible for punitive damages over and above the medical expenses, and pain and suffering.
It just depends on whether the police report makes any reference to the other driver being under the influence of alcohol. It could be that he had been drinking, but not to the extent of being intoxicated. Usually, if alcohol was a factor in the accident, the police officer will mention it in the crash report. Under some circumstances, you might be able to subpoena the other driver's medical records if he ends up going to the emergency room.
In many ways, it makes your case easier to prove. In other words, if the other driver is intoxicated, then it is more likely that the insurance company will find him to be at fault. Also, you may be entitled to more damages. First, a jury is more likely to award higher damages for pain and suffering and mental anguish against someone who was drunk. Second, you are entitled to seek punitive damages against the other driver. That means a jury could award money in addition to your regular damages as punishment against the drunk driver. So, the insurance company will usually be very anxious to get your case settled if their driver was drunk at the time of the accident.
Motorcycle Accidents
The answer is “yes” and “no.” Technically, a motorcycle rider is subject to the same traffic and safety laws as other vehicles on the roadway. So, they are not given any favoritism in the law when an accident occurs. However, motorcycle accidents tend to result in more serious injuries than car accidents. Likewise, there is a greater chance of a more substantial recovery for the injuries sustained in the accident.
- Give motorcycles greater following distance;
- Allow them to occupy a full lane of traffic;
- Be particular about checking your blind spot when changing lanes.
- Always wear an approved helmet, even if you are not required by law to do so;
- Drive defensively and anticipate the movement of other traffic;
- Avoid distractions and always pay attention. Everything can change a split second;
- Turn your headlights on to maintain visibility;
- Avoid driving in another vehicle’s blind spot.
Boating Accidents
When involved in a boating accident, the operator is required by Section 31.104 of the Parks and Wildlife Code to: Provide to other persons affected, whatever help may be needed or possible to protect them from the dangers of the situation.
- Ensure the safety of everyone at the scene.
- Call 9-1-1 and report the incident.
- Get to a hospital for serious injuries.
- Exchange driver licenses and insurance information.
- Collect witness information.
- Call an experienced personal injury attorney as soon as possible.
So, when you see an accident or a distress signal, you should render assistance any way you can, provided it does not place you, your passengers, or your vessel in peril. If you cannot safely assist, report the accident promptly to another boater, who may be in a position to assist with as little delay as possible; and report it to appropriate authorities.
Bicycle Accidents
If you are a cyclist and are injured in an accident with another car, you can still make a claim for your injuries if the other vehicle is at fault. Maybe the other vehicle ran a stop sign or hit you from behind. If you can show that the other driver is at fault, then you are entitled to make a claim for your injuries.
Bicycle riders are subject to the same rules as motor vehicles. So too are motor vehicles requried to abide by the same traffic laws in regards to cyclists. A motor vehicle is no more entitled to violate the rules of the road when encountering a cyclist.
Yes. All bicyclists, including e-bikes, are required to operate under the same rules of the road, such as stopping at stop signs, giving priority to pedestrians crossing the road within pedestrian crosswalks, illuminating properly on cycle paths, and riding with the flow of traffic on streets marked "One way" in designated bicycle lanes.
Yes, you can if the cyclisits is at fault for the incident. However, finding insurance coverage may be challenging. In those cases, regualr auto insurance does not cover bicycles. Rather, you would rely upon the cylcist having personal liability coverage under their homeowners or renters policy. If they do not have such coverage, then you might have a hard time collecting any money for your injuries.
Dangerous Premises
A dangerous premises case involves injuries caused by unsafe conditions on someone else's property. An attorney can help you determine liability and seek compensation.
Property owners and occupiers have a duty to maintain safe premises. If they fail to do so, they may be held liable for injuries.
Evidence such as photos, videos, maintenance records, and witness statements are crucial. An attorney can help gather and present this evidence effectively.
Yes, you may be able to claim damages for emotional distress in addition to physical injuries. Consult an attorney to understand your options.
Work Related Injuries
Generally, if the employer carries workers compensation insurance, thet are refrred to as "subscribers." As such, you would make a claim directly with the insurance company for benefits. However, if the employer did not carry workers compnastion insurance, they are referred to as a "nonsubscriber." In that care, the employer is liable if you can prove that the employer was negligent in causing your injuries.
If you employer did not carry worker compensation insurane, then they are considered a "nonsubscriber." If you are injured on the job, and your emeployer is a nonsubscriber, then you are entitled to make a claim directly agaisnt your employer if you can show that the accident was, in any way, caused by the employer's negligence. Furthermore, your damages are not limited by the Texas Workers Compensation Act.