Posted on May 17,2022 in Car Accidents

Car accidents can easily exacerbate an existing injury. Those who are already recovering from an acute injury or managing a chronic injury may be particularly vulnerable during a motor vehicle crash. If a negligent driver hit you and managed to make an injury you already had worse, you may be wondering how your claim will work.

The good news is that even if you were already hurt, the at-fault driver is still responsible for the change in your condition. They cannot escape liability by arguing that you already had an injury if their actions worsened it in any way. Handling your claim may be just a little bit more complicated, as you will need to calculate the costs and expenses associated with the exacerbation. It is important to work with an experienced personal injury lawyer in this case. 

What is the Eggshell Skull Rule?

In law, there is something called the Eggshell Skull rule to address exactly the type of situation where a negligent defendant has worsened the plaintiff’s existing condition or injury. Generally, the rule is that when someone carelessly injures another person, they are responsible for the entire amount of harm that they caused, even if the victim was particularly susceptible due to an existing condition. 

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 Posted on April 19,2022 in Car Accidents

Insurance companies have one goal after a car accident: to settle your claim for the lowest dollar amount possible. They are quite skilled at this. The insurance company representative who calls you shortly after your crash may sound caring and friendly, but this does not mean that they will actually be able to help you. You are talking to a professional who is likely to be trained in high-pressure tactics designed to force you into taking an unfairly low settlement. When you have been injured and are still recovering, it may seem convenient for you to simply take a settlement offer and be done with it. However, this is rarely as good an idea as it might seem at the time. Your best bet is to work with an attorney who is prepared to advocate for you and protect your interests. 

Why You Should Have Legal Representation After a Car Crash

There are risks associated with trying to deal with insurance alone after you have been hurt in a car accident. An attorney who has more experience working out fair settlements that fully compensate accident victims can take steps to protect you.

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 Posted on April 12,2022 in Car Accidents

Not all that long ago, personal injury claims were structured much differently than they are now. Nearly all states used to practice what is known as “pure contributory negligence.” The rule of pure contributory negligence states that a person who is in any way at fault for their injury cannot recover damages from the responsible party. Even if the person seeking compensation was only minorly at fault for an accident, they would be barred from being awarded damages for their injury. Most states—including Texas—have enacted some type of comparative negligence rule, allowing the claimant to recover compensation, even if they had a portion of liability.

Understanding Proportionate Responsibility

Rather than comparative negligence, the state of Texas uses the term “proportionate responsibility,” but they mean the same thing. Different states have different percentage amounts that a claimant can be liable for before they are barred from receiving compensation. In Texas, this is referred to as the “51 percent bar” because a claimant can still recover compensation from another person if they are 50 percent or less liable for the accident that caused their injuries.

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 Posted on March 27,2022 in Car Accidents

The costs of being hit by a negligent driver can far exceed the value of your vehicle and medical bills. When you stop and think about every expense or financial loss you would not be dealing with if it were not for your car accident, it  probably adds up more than you might have initially realized. The good news is that you can recover damages for quite a few different types of losses. The car insurance company is not likely to make an offer that fully compensates you if you try to negotiate with them alone. Before you speak with an insurance company, be sure to speak with an attorney who can give you a better idea of what your claim might actually be worth. 

What Types of Damages Can I Recover After an Auto Accident?

You probably already know that you can recover the cost of your medical bills and the cost of repairing or totaling out your vehicle. You may also be able to recover: 

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 Posted on March 14,2022 in Car Accidents

In rare cases—but maybe not as rare as you think—the state can be held liable for car accidents. Drivers have a duty to use appropriate care to avoid accidents. The state has a duty to make sure the roads are reasonably safe to drive on. When road conditions are dangerous in a way that the state has control over, the state could be held responsible for any injuries that occur. If you get hurt in an auto accident due to hazardous road conditions, you may want to speak to an attorney to determine whether the state may be liable. 

What Kind of Road Hazards Can Cause Crashes the State is Liable for?

The state of Texas is responsible for maintaining the roads in safe condition. When it does not, it can be held liable for the injuries it causes. The state could be liable to you if your accident was caused by hazards like:

• Obstructed views - When you are trying to safely get through an intersection or exit a plaza, it is extremely important that you are able to see traffic coming from both directions, important signs, and anything else in your path. When bushes or trees are allowed to grow out of control, they can obstruct drivers’ view. This can lead to accidents as drivers cross paths with other vehicles they could not see. 

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 Posted on February 28,2022 in Work Accidents

You are probably familiar with workers’ compensation. It is a specialized type of insurance that most employers pay for so that if a worker gets injured on the job, the insurance company pays the claim. In most states, workers’ compensation insurance is mandatory for most employers to carry. This is not the case in Texas. Some Texas employers opt-out of purchasing this type of insurance. These employers are referred to as non-subscribers. Should an employee of a non-subscriber become injured at work, the company itself may be liable to their injured employee. However, rather than simply filing a claim with an insurance company, you may need to take your employer to court. If you got hurt at work and your company does not carry workers’ compensation insurance, you should prepare for a potential lawsuit and contact an attorney immediately. 

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 Posted on February 14,2022 in Catastrophic Injuries

Valentine’s Day is supposed to be a fun and romantic holiday. However, some of the enjoyable gifts we associate with the holiday can become dangerous. There are certain risks associated with any holiday - drunk driving is always a big one - and a few that are unique to Valentine’s Day. Some of these risks affect everyone. Others are more likely to affect children. If you or your child suffered any of these injuries on Valentine’s Day, you may want to speak to a personal injury attorney to determine whether another party may be liable for your injuries. It is best to call a lawyer as soon are you are able to after your injury. The sooner an attorney can begin investigating your case, the easier it may be to build your case. 

What Valentine’s Day Injuries Might Someone Else Be Liable For?

Valentine’s Day is not typically thought of as a dangerous holiday, but it can be when people are negligent and celebrate in an unsafe manner. Common types of personal injuries on Valentine’s Day include: 

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 Posted on January 25,2022 in Truck Accidents

Most parents, when asked whether they would allow their teenager to drive a tractor-trailer, would probably answer with a resounding “no.” However, a new law has gone into effect that will allow people as young as 18 years old to drive semi-trucks across state lines. While most states allow some semi-truck operation by those under 21 years old, they have traditionally been restricted from long-haul drives that take them out of the state. The danger associated with these enormous vehicles has many people concerned that the highways could become less safe with the passage of this new law. 

If you are injured in a big rig accident, it is important to seek prompt medical attention and then call an attorney. The sooner your lawyer can start investigating the crash on your behalf, the more likely it is that critical evidence at the scene of the accident will be found and properly documented in time. 

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 Posted on January 13,2022 in Uncategorized

Premises liability is a relatively broad category in civil lawsuits. Generally, if you got hurt on someone else’s property, including in a place of business, your injury likely falls under the umbrella of premises liability. Most of these lawsuits are the result of some type of accident, but premises liability also covers some limited cases involving intentional injuries, like those sustained during an assault. Deciding who is liable for these types of often very serious injuries can sometimes be complicated, especially when multiple careless actors or product defects come into play. 

If you were hurt while on another’s property, speaking to an attorney may be the first step towards recovering possible compensation. 

What Types of Incidents Lead to Premises Liability Claims?

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 Posted on December 20,2021 in Car Accidents

You have probably been told many times what to do after a motor vehicle accident if you were driving. However, few would know what steps to take after being hit by a car as a pedestrian. In many cases, the pedestrian is transported to the hospital by ambulance immediately after the accident and is unable to even exchange information with the driver at the scene. One of the smartest things you can do after getting hit by a car, as soon as you are able, is to contact an attorney. A qualified lawyer can take over investigating the accident and building your case while you recover. 

What to Do if You Are Hit by a Car While Walking

Accidents between a motor vehicle and a pedestrian tend to cause severe injuries. Recovering compensation for all your costs such as medical expenses and lost wages can be very important, as these costs can be quite high. Steps you can take to help preserve your claim and set you on the path to receiving compensation include: 

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