Frequently Asked Questions

After being involved in a car accident, the majority of victims choose to sue the parties responsible for the accident to be compensated for the losses incurred. You are entitled by law to have various types of monetary compensation, including both economic and non-economic damages. Here, we are going to discuss pain and suffering, the non-economic part of damages incurred in many personal injury cases, and how to ensure that you receive a fair evaluation of your pain and suffering. The most important question asked is “How much is pain and suffering worth?” The short answer is that it depends on a variety of factors, including your jurisdiction, what the medical records say, and what objective evidence you can present to a jury to show the pain and suffering. Pain and suffering is subjective, as no one, but the injured person can really know what it feels like. But with the help of a qualified personal injury lawyer, you can present the best evidence to show the jury what your pain and suffering is worth, which may be greater than the medical bills themselves.

What is Pain and Suffering?

Pain and suffering refers to any form of physical, emotional or psychological damage that one is subjected to especially after an accident. These forms include:

  • Fear
  • Grief
  • Worry
  • Emotional suffering
  • Physical pain
  • Insomnia

You have the right to claim the all of the above as damages in a personal injury lawsuit. However, these factors cannot be easily quantified into monetary terms, as there are no scientific calculations to determine their value. The insurance company will also calculate the value of these damages, and more than likely, they will not value them very highly because they are harder to prove. As you may have already witnessed, many insurance companies do not make it easy for the injured to be fairly compensated for their injuries. Sadly, many personal injury victims do not receive what has unjustly been taken from them. Insurance companies and their adjusters work for the benefit of the company, and the less they pay claimants, the more profitable the company is. For this reason, it is always advisable to have a seasoned personal injury lawyer who has a proven track record of proving pain and suffering. This is what our lawyers at Lone Star Injury Attorneys are known for.

How is the Value of My Pain and Suffering Calculated?

There are no exact formulas used by the judges/juries to determine the value of your pain and suffering. Juries often make judgments based on the evidence presented and the calculation methods the lawyers present (if any). However, the insurance companies often do use formulas to derive the exact value of your pain and suffering claims. The major ones are:

The Multiplication Method

This method takes the total cost of the economic damages such as medical costs and lost wages, and multiplying that total number by a variable. This variable may be as low as zero or higher, maybe two or three. For example, if the total value of your economic damages is $20,000, and the variable used is .5, you will be entitled to a non-economic damage compensation worth $15,000. These variable value is dependent on a wide array of factors including:

  • The type of injury sustained
  • The severity of the injury
  • Possibility of a recovery or permanency
  • Impact of the injuries on daily life
  • The affect on the injured’s employment

This method applies a daily value of pain and multiplies this number by the number of days the injured was in pain. In such a case, if the total daily rate is $100, and the plaintiff suffered for 20 days, then the total amount to be awarded will be $2,000. However, these rates are not very favorable for insurance companies, as the value would be very high if the injuries sustained are long term. This would require the insurance company to pay much more than they would like.

Hybrid Method

In some instances, the insurance adjusters may use a combination of the Per Diem and Multiplier methods. A modest daily rate may be used and added to a percentage of the economic damages. For most insurance companies, complicated algorithms determine the amount that the insurance company will offer. It is difficult to quantify the total damages suffered, especially when the victim endures significant pain and suffering. That is why it is highly advisable that you work closely with an experienced personal injury lawyer. At Lone Star Injury Attorneys, we are committed to serving your best interests, and we have the best legal minds at your disposal. Call us today for a free evaluation of your pain and suffering.

Filing an injury claim to receive a settlement has never been a walk in the park. In Texas, a set of state laws, as well as the fine print of your car insurance policy, will govern the administration of car accident injury claims. When an accident occurs, it might not always be solely another person’s fault – it could be shared fault or entirely your fault. In such a situation, you may be confused on what your right are and if it’s possible to file a claim for injuries you’ve sustained. This article seeks to shed some light on the matter.

In Texas, if your insurance policy includes Personal Injury Protection (PIP), you have the right to claim compensation regardless of who was at fault at the time of the accident. Texas law does not require that all insurance policies offer PIP; you have to elect it when you choose your policy. PIP comes in handy in the event of an accident where you are largely at fault, as it will cover your medical expenses, the cost of hiring a caregiver if need be, and a significant amount of your lost income. In the event that you have elected not to include PIP in your coverage, your insurance company must be able to prove that you have waived the coverage.

Notably, Texas is a “tort” or “at fault” State – this means that drivers responsible for a collision are required to pay for the injuries they cause to other people. However, the amount that the injured party is compensated is discounted by the percentage of their responsibility. In other words , if the injured party is 10% responsible for the accident, the proper award for damages – regardless of whether this takes place in a settlement or in a courtroom – is discounted by 10%. If the injured party is 50% responsible, the other party does not have to pay at all. In short, if you are looking to file a claim against another driver’s insurance policy, you will need to show that you were less than 50% responsible.

This is referred to as modified comparative negligence. It’s important to seek the assistance of a personal injury lawyer to determine the likelihood of fault, as determined by a judge or jury.

If you are less than 50% responsible for the accident, there are two very important factors that you should to consider when filing a claim:

Carefully Documenting your Damages

This important factor is often overlooked by accident victims. To avoid losing a significant amount of your insurance, you must document all of your damages, beginning as soon as the accident happens. It is advisable to take pictures of the vehicle damage and the scene of the collision before the vehicles are towed or moved out of the way. Additionally, it is wise to document any skid marks or debris, as it may be helpful to determine how the accident occurred. It is always a good idea to call the police, and the police department’s crash report will come in handy as evidence.

In addition to documenting the property damage, you should also document your injuries as best you can. Any bruises, scrapes, cuts, or bleeding should be captured in pictures. You will also need copies of your medical bills and records to send to the insurance company.

The Statute of Limitations

The Statute of Limitations is a law that limits the amount of time a person has to file a personal injury lawsuit in the event of an accident. Each state has its own time limit and Texas provides for a 2 year statute of limitations for auto accident personal injury cases. As such, it’s advisable to consult with an auto accident lawyer as soon as you or your loved one is involved in a crash to ensure that you safeguard your right to compensation before the deadline. In fact, if you have missed the 2-year window, your insurance company will not be willing to negotiate an agreement with you, as you will not have the option to go to court and file a lawsuit.

In the unfortunate event that you or your loved one is involved in an accident, or any other type of negligence case, claiming compensation for the injuries and damages sustained can prove to be a daunting task. This is especially true when the aftermath is dire and the stakes are high. For this reason, hiring a personal injury lawyer is inevitable if you are to get a fair and maximum compensation that you are justly entitled to.

Like any other profession, not all personal injury lawyers provide the best services, and it is of important to learn how to separate the good from the bad. This article seeks to highlight some of the qualities to look out for in a good personal injury lawyer. Some of them include:

Professionalism

A personal injury lawyer who exhibits professionalism in carrying out his duties will always ensure that you are properly served to your satisfaction. One of the ways to differentiate a professional from a non-professional lawyer is through your first encounter either via phone or face-to-face. A professional attorney will have your best interests at heart, even if it means less business for the law firm. Sometimes the best recommendation is that you not hire an attorney for your case if you will end up with more money by handling it yourself.

A professional attorney will welcome you to their office, and listen attentively to your grievances. He/she will offer their legal advice to make you feel at ease, while assuring you of their commitment to your case. In most cases, the lawyers are willing to discuss in detail the specifics of your case so that you may fully understand it the proper course of action.

Availability

Availability is also a major quality to consider when looking for a good personal injury lawyer to represent you. Especially on the initial consultation, it is best to speak to your lawyer(s) in person. It is also advisable to ask how often you are expected to hear from your attorney’s office, and how you plan to maintain communication. It’s important to find out whether the lawyer is available through other channels, such as email or text, in order to reach him/her when the need arises.

A great personal injury lawyer has invested in a reliable support system of knowledgeable staff equipped to attend to the client’s needs when the lawyer is out of the office. You need a reputable personal injury lawyer whose office will be able to answer your questions when you have them.

Reputation & Experience

A lawyer with a good track record will appear easily in online searches or recommendations via word of mouth. Similarly, a personal injury lawyer with a bad reputation can also be found with a simple online search. Doing a background check on the lawyer, whether it’s through the State Bar’s website or through Google reviews would help illuminate the reputation of that lawyer.

Notably, attorneys who have been in the profession for some time will have handled a wide range of cases, including highly complex ones and those similar to your case. Ask your lawyer about what separates his/her firm from the competition. Your lawyer should handle each case with utmost respect and urgency it deserves, and your questions will show that you expect the best personal injury lawyer.

Ability to Communicate Effectively

The ability to win a case as a personal injury lawyer relies heavily on his or her ability to communicate effectively, both with the insurance company and with the jury. Your facts need to be thoroughly and exhaustively expressed to the jury in a persuasive and composed manner. The case may also require legal expertise and familiarity with relevant case law.

Tenacity

A personal injury lawyer known for his persistence and willingness to go to trial to protect your best interests would be your best candidate. Insurance companies keep track of the personal injury lawyers in the area and know which firms are willing to go to trial, and which firms settle for less or refer the case out to another lawyer. Having a lawyer with a reputation of tenacity to go to trial when necessary may result in more reasonable offers from the insurance company.

If you’re looking for the best qualities in a personal injury lawyer, call our law office today for a free consultation.

If you have been a victim of personal injuries arising from an incident such as a car accident, truck accident, medical malpractice, or slip and fall accident, you will likely need to file a claim against the parties at fault to recover your losses. The party at fault could be a nurse, another driver or land or business owner. Regardless of the responsible party, you will probably consider hiring the services of a personal injury lawyer, or alternatively, you can file a claim by yourself. Filing your own claim will save you attorneys fees, although you will also be venturing into an unfamiliar area of the law. Insurance companies may take advantage of your lack of knowledge, and only offer a fair settlement after negotiations with a personal injury lawyer.

The first question that many victims ask when contemplating hiring our lawyers is basically the amount of money they will be charged for legal representation. It is very important for you to ask this question before putting pen to paper and signing with a lawyer. In most cases, you will be surprised to learn that majority of law firms have their payments structured without any upfront costs to the client to ensure that the victim is not financially drained while seeking both medical treatment and legal help during an already difficult time.

There are many ways through which you can personally arrange for payments with your attorney, and that fact that you cannot afford a lawyer should never lock you out of justice for your case. Once your legal rights as an accident victim have been forfeited, your chances of seeking legal redress for your incident are also lost. Never allow the negligent parties in your case to walk scot free because you don’t meet monetary requirements brought forward by your lawyer. There is always room for civil litigation on a contingency basis, and in fact, most personal injury firms use it.

What Is A Contingency Fee?

A contingency fee basically refers to a mode of payment where the victim (plaintiff) hires the services of a lawyer without having to pay any costs upfront. In this case, the lawyer will help their client seek justice in terms of monetary compensation for injuries sustained, and will have their attorneys fees taken as a percentage of the total amount awarded as compensation. This means that the lawyer will have to win the case for their client in order to get paid their attorneys fees. Failure to do so leaves them with nothing. This way, the attorney’s interests perfectly align with the clients: receive the highest amount in compensation.

The majority of personal injury lawyers work on a contingency basis, but the lawyer’s percentage of the total settlement varies depending on the law firm, the state in which they practice, and the amount of work required. For this reason, it is recommended that you engage in talks with your lawyer to ascertain the exact percentage of their fee for the work performed. Luckily, these fees are often negotiable, but should always be done before hiring your lawyer.

What Determines The Amount I Will Pay As Contingency Fee?

Basically, a contingency fee often runs between a 33.3% to 40% of the total amount awarded in settlement or by the jury, and any amount beyond this is likely unnecessarily high. If your lawyer charges an unconscionable percentage for your case, the law provides for a lawsuit against your attorney to nullify or reduce that amount. So, what determines the amount you should pay your personal injury lawyer as contingency?

There are wide arrays of factors that affect the amount paid to your lawyer, and they are the reasons why the fees vary from time to time. One of the greatest determinants is time. The longer your case takes, the higher the amount of money you are going to pay your lawyer. For example, your lawyer will write a demand letter to the defendant or insurance company before filing a lawsuit. If both parties agree to settle your case out of court, then there will be no need for proceeding to trial. As a result, your lawyer should ask for a smaller percentage than if you were to proceed to litigation.

On the other hand, if your insurance company fails to honor their pledge out of court, and you and your lawyer seek legal redress in a court of law, you should be ready to come across a higher contingency fee. Additionally, if your initial lawsuit fails and your lawyer files an appeal in your case, you can expect an even higher contingency fee of 45% or more, as appeals require considerably more work. However, before hiring your lawyer, you should have an in-depth understanding of the structure of attorneys fees, and all additional costs you may incur. Some of these costs include, but are not limited to:

  • Investigation fees
  • Filing fees
  • Expert witness fees
  • Fees for Requesting Medical Records
  • Depositions
  • Police Reports
  • Process Service Fees

Hourly Billing Rate

In this type of payment system, you will pay your personal injury lawyer for every hour they work on your case, regardless of the outcome. You must pay them whether the case is won or lost. Hourly billing rates are not common for a number of reasons. The first is that you will be required to pay for legal services before you are actually represented in court. This could be difficult especially when you have the daunting task of raising enough money for medical treatments. Second, hourly billing rates are less popular because your lawyer may end up being paid more than you will receive at the end of the case, leaving you financially worse off for having pursued this lawsuit. Sadly, if your personal injury lawyer advises you to work on an hourly billing rate, it could possibly mean that your case is weak, and your attorney should inform you as much.

Contact Our Office Today

At Lone Star Injury Attorneys, we perfectly understand that your finances may be tight when seeking legal help. For this reason, we have a transformative agenda in place to help you seek medical help while still working on your rights as an accident victim. Our contingency fee structure is mindful of your needs. Furthermore, it aligns the interests of the attorney and the client, therefore building a sense of trust between you and our experienced legal team. Call us today, and our legal representatives will help you schedule a free and confidential consultation.

If you have been involved in an accident recently, from slip & fall accident to a car accident, boat accident or anything else, you might be contemplating filing a lawsuit against the person or business responsible. Your aim is to ensure justice prevails, and the parties at fault are held accountable for their careless acts. However, the biggest endeavor for any personal injury victim is having the negligent party accept fault and make up for the damages incurred. Often, victims rely on insurance companies for their valuation of their case’s worth, but sadly, insurance companies are business entities just like your favorite retail store. Their main objective is to make or save money, and their goals are not always aligned with your interests.

How the Insurance Company Treats Your Claim

Normally, you would expect that your insurance company will take into account every detail regarding your accident, the severity of injuries, and total amount of harm caused. It is their responsibility to truly and accurately value your case based on the repercussions of the accident towards you, your property, or any other party affected therein. Whether past, present or future effects, all these damages must be factored in when calculating the settlement offered by your insurance adjuster. However, it’s not always rosy when dealing with these companies. Some will take advantage of your lack and knowledge of the claims process, and try to evade their responsibility towards you by offering a low settlement. In such a case, contacting a personal injury lawyer is the best option left for you.

By hiring the services of a personal injury lawyer, you are simply asking a professional to evaluate your case to determine if he or she can “add value” to your claim. Adding value occurs when you, the victim, receive more money in the end (even after attorneys fees are taken out) than you would have if you handled the claim yourself. If the insurance company offers you a low settlement, your attorney can use the court system, through a judge or jury, to compel the insurance company to pay the proper valuation of your damages. This is done through filing a formal civil lawsuit against the party responsible for your injuries. Unlike other cases which can be solved quickly and routinely, settlements in an injury case follow a thorough court process. Therefore, the amount of time taken to resolve the dispute varies based on a number of factors.

For many victims in personal injury cases, the biggest question in their mind revolves around the total worth of their cases, and the possible amount of money they would receive should the court rule on their behalf. While there is no distinct or set standard value for such cases, it is much easier to make an evaluation based on the total value of damages you incurred. However, a value is never guaranteed until the judge or jury decides so.

How Will My Settlement Value be Calculated?

There are many ways that the jury may arrive at a common figure. Often, the jury will take into account the total medical costs incurred and total value of the damaged property. The rest of the calculation may be carried out through a common multiplier of the total treatment costs in order to reach estimates of non-monetary damages such as pain and suffering. The result is then added to the monetary damages (lost income, medical bills or property damage) to get the total amount you are bound to receive. These kinds of estimates on pain and suffering are often a large part of negotiation with the insurance company. Other factors may also be considered, including:

  • Type of Injury (Soft Tissue, Fracture, Herniation)
  • Gaps in Treatment
  • If Future Treatment is Needed
  • Which Jurisdiction the Case Will Be Filed
  • Pictures of the Property Damage

The above mathematical calculation cannot be used to generally quantify the exact amount owed to you. This is because personal injury claims are not simplified enough to be narrowed down to a common calculation or formula. On the same note, the severity of injuries and their effects play a pivotal role in determining the amount you receive. For example, a farmer who suffers from a broken wrist may fail to go to work, meaning that their monetary value will be increased compared to a Customer Service agent who suffers the same. This is simply because the agent can continue their work duties as usual, despite the broken wrist, while the farmer cannot.  Therefore, having a personal injury lawyer who is experienced with settlement valuation will help you understand every aspect put in place when calculating the total worth of your settlement.

Personal injuries are not only life-threatening but also life-changing. You may be emotionally and financially drained, and your friends and family may need to support you. However, getting the right legal team to represent you can help restore your confidence that you will be compensated for the damages wrongfully brought upon you. Call our office today for a free consultation for your case.

Being involved in a car accident can be traumatic and stressful not only for you as the victim, but also to those around you, including family and friends. As such, the only thing in your mind is how quickly you will get better and get back to your normal duties. When filing a car accident lawsuit is the only option left for you to be whole again, you are probably going to have myriad questions about the whole process.

Quite notably, your biggest hurdle will be determining the amount of time it will take to successfully file a car accident lawsuit, and how quickly you can get compensated for your injuries. Normally, you will be seeking medical treatment for injuries sustained, while at the same time working extra hard to get justice. For this reason, the car accident settlement process ought to be fast and convenient for you.

Unfortunately, there is no standard timeframe for a car accident lawsuit. The amount of time it takes to have you settled will basically be dependent on a number of factors. Like any other lawsuit, a car accident claim follows a regular timeline which must be taken into account step by step. This means that your case could take months or years to settle. All of the following contributory factors will be explained to you by your lawyer before formally filing a lawsuit:

3 Major Factors That Could Affect the Time Taken To Settle Your Car Accident Lawsuit

Nobody wants their case to take years before it is finally settled. The anxiety of having your claim put to test of a judge or jury does not always sit well with car accident victims, especially when their finances are tight. In this case, you should familiarize yourself with the aspects that determine how fast or slow your case will be determined. This way, you will be able to plan your finances accordingly, and at the same time, embark on moving on with life while still waiting on justice to serve its purpose. Some of these factors include:

The Severity Of Injuries and Length of Treatment

The extent of your injuries is a contentious matter when it comes to litigating a car accident claim. If the injuries raise no cause of alarm or they are relatively mild, the insurance company or the defendant may decide to settle quickly to avoid the huge costs involved in defending the case. In such a scenario, your case may be settled in a few months from the date of injury. On the same note, this does not mean that you can receive a fair settlement without validation to the insurance company. For example, a car accident victim may demand compensation for scrapes or bruises, which in many cases require no medical attention. As such, the defendant’s insurance company will demand to see all of the medical bills and records in your case. The length of time it takes to receive all medical bills and records from every medical provider will prolong the time taken to settle your car accident claim.

The Insurance Company/Defendant

One of the major determinants of time taken to settle a car accident lawsuit is the defendant’s insurance company. The insurance company’s global policies on personal injury claims will have a dramatic impact on the time taken to compensate you. For example, some insurance companies use a very conservative policy in offering settlements, in which they will force your personal injury attorney to pursue your case through litigation and sometimes trial.

This strategy sometimes works for some insurance companies, as certain Plaintiff personal injury attorneys are hesitant to proceed to litigation or trial because they dislike the work and public speaking necessary for trial. These attorneys will recommend that their clients settle their case for less because they do not want to go to trial. In these cases, the insurance company is sometimes able to get away with paying a low settlement amount by pushing the injured party’s attorney toward trial.

Other insurance companies are more reasonable, where they may offer a fair settlement before a lawsuit is even filed with the court. These insurance companies want to avoid the cost of litigation and trial, and they save money by offering a reasonable amount to the victim in the beginning instead of paying for their own lawyers.

Your Car Accident Lawyer Matters Too

While many car accident lawyers settle their cases out of court without going to trial, they may have important reasons why your case is not settling as quickly as you would like it to. For example, you may still be going through treatment, and your lawyer will want you to fully complete treatment so that he/she can know the full medical bills to claim for your case. Alternatively, they may be overwhelmed with other work at their office and neglect your case, which is not an acceptable excuse. Hiring an incompetent car accident lawyer can delay your case until the last possible moment. This is why you are advised to vouch for lawyers with a proven track record, as they are aware of the processes involved in such cases, and they will effectively communicate to you how long they predict your case will take, and what are your largest roadblocks.

If you believe you have a car accident claim that you would like help with, please reach out to our qualified attorneys for a free consultation.

With over seven million car accidents taking place in the streets and highways of United States each year, the number of victims has increased in equal measure. Fortunately, some of these accidents involve only property damage, while other have serious personal injuries.  But according to recent statistics, one in every three car accidents involve personal injuries to the passengers or driver, and out of the same number, around 1% result in fatal injuries.

As sad as this may sound, drivers can still prepare themselves on what to do what they are involved in a car accident.  If you sustain serious or permanent injuries, following these rules will help ensure that the negligent parties are held accountable.  When you are involved in a motor vehicle accident, it is in your best interest to keep a calm demeanor and follow the appropriate steps. Some of these things may seem inapplicable or unimportant, but it is these small things, which matter when you have a personal injury lawsuit.

Below are some of the key things that you should watch out for and do when you are involved in a car accident:

Do Not Move Your Vehicle

It is typical for most drivers to move from an accident scene to a more convenient location.  But for major wrecks, especially where fault will be questionable, you should leave your vehicle exactly where it is.  You will want to thoroughly document the placement of the vehicles at rest for a a bio-mechanical expert or physics expert to determine fault.  Regardless of your role in the accident, you should never drive away from the scene of the accident, no matter how minor it seems. Once you drive off, the investigating authorities may hold you criminally responsible for leaving a scene of an accident, in addition to holding you responsible for the accident.  In this scenario, proving your innocence will be an uphill task.

Call the Necessary Authorities

We are accustomed to calling the police whenever an accident involves multiple injuries who need immediate medical treatment. However, even without injuries, it is still advisable to call and inform the local police about the accident.  Injuries sometimes take multiple days to appear, especially in the case of neck and back pain.  Always remember that during your claim, your personal injury lawyer will want a formal police report to act as evidence.

Keep Every Record

Record keeping is a key aspect whenever you want to seek for compensation after a car accident. As the police arrive at the scene, you should engage the investigating officers by telling them everything to the best of your knowledge and ability. If you are unsure about a certain aspect, do not guess or speculate any facts.  Write down the police report number to receive a copy of the report in a few days.

Always Take Pictures

In case you have a camera on your dashboard, or even your phone, you should immediately take photos of the vehicles involved if there are visible dents or damages. This should also be the case if you sustained visible injuries. But while doing so, you should also ensure that you do not interfere with the investigations being carried out by police. Take photos of the scene, the other driver’s license plate and driver’s license, in addition to their insurance card.  If you have any visible injuries (bleeding, bruising, etc.), take photos of that as well.  You should also obtain the names and addresses of all people who witnessed the accident. Witnesses will play a critical role in your claim, and having their contact information will be a huge help.

Seek Medical Help

In some motor vehicle accidents, the injuries sustained do not seem like an emergency. You may have body soreness.  However, if the pain does not go away after a couple days, it is highly advisable to seek professional medical attention to fully understand any longer-lasting injuries you have, including disc herniation or vertebral fractures.  If left untreated, some of these damages can become more severe or permanent.

Report the Accident to Your Insurance Company

Immediately the accident occurs, you should notify your insurance company in the shortest time possible. Majority of the insurance companies require that you notify them of the accident once it occurs. By doing so, your insurance company can set up a claim and also communicate to the insurance company of the other driver.

Talk To a Personal Injury Attorney

The greatest asset you can have by your side after being involved in a car accident is a personal injury attorney. Your lawyer will absolutely help in protecting your rights by making sure that no piece of evidence is lost or tampered with. What’s more, having a seasoned personal injury attorney as your representative will relieve you of the demanding court process.  Before embarking on filing a personal injury lawsuit, we highly recommend that you sit down with an attorney for a free consultation to explain to you your options going forward.

If you were in a car accident with public service vehicle, you have the right to sue who’s at fault and make the proper personal injury claims. This applies whether you’ve been hit by a public service vehicle, or if you were in a public service vehicle as a passenger.

As a passenger, you are unlikely to be at fault if an accident occurs. If you are in another car, you will need to prove that the public service vehicle was responsible for the accident. 

Who Do You Sue When It’s a Public Service Vehicle?

You’ll need to find out which governmental body is responsible for that vehicle. Depending on the vehicle, it could be your city, county, the state of Texas, or the federal government. In most cases, you cannot also sue the driver of the vehicle personally if they were driving on behalf of their government employer.

What Types of Damages Can You Sue For?

As with any car accident, you are able to make claims for the damages incurred. Most importantly, you will want to make a claim for the medical treatment you received as a result of the accident. Additionally, if your injury prevented you from working, you can also make claims for your lost wages.

You are also entitled to non-economic damages such as pain and suffering and physical impairment. Automobile accidents involving public service vehicles can result in severe injuries that may affect someone for the rest of his or her life. They include:

  • Concussions
  • Spinal injuries
  • Bone fractures
  • Bleeding
  • Traumatic brain injuries

Regardless of the type of injury you may have, you are entitled to seek compensation for all economic and non-economic damages incurred.

What Are the Limitations When Suing the Government?

There are special rules that apply to making claims against government entities. Most importantly, you are required to give proper notice to the government entity within a certain amount of time. This time is usually six months, but for some counties (including Harris County), that time limit can be shortened to as little as three months. In short, if you don’t properly notify them in writing about your personal injury claim by this time, you forfeit your right to sue altogether.

Another major limitation to suing the government comes in the form of “emergency situations.” If a government vehicle is responding to an emergency, as police officers and firefighters often do, then the government cannot be held accountable for any negligence on behalf of the employee. For example, if a police officer is responding to a call and driving with its lights and siren on and causes a crash, the injured citizen cannot sue the government. It does not matter if the officer was responsible for the crash or if he did not follow traffic laws. The injured party will likely, and unfortunately, be out of luck.

Why is it Important to Hire a Car Accident Lawyer?

There is particular urgency when it comes to accidents involving governmental vehicles. You need to identify the proper parties and adequately notify them of your claim within a certain time-frame. Additionally, you might be prohibited from bring your claim at all. Since there are a number of variables when suing the government, it is highly advisable to consult with an attorney before pursuing your injury claim on your own.

A seasoned lawyer will use their professional expertise to send proper notices and gather the necessary evidence to prove liability for the accident. He or she will facilitate the claims process on your behalf and ensure you are timely and fairly compensated for your injury.

The aftermath of an accident can take a toll on the injured, as it comes with a number of challenges. It often leads to both physical and emotional stress for both the injured party and his or her family. The help of a competent personal injury lawyer will ensure that your rights are protected. If you’ve been injured in an accident with a government vehicle, call our offices today for a free consultation with one of our attorneys.

Construction of roads and buildings is by its very nature a dangerous job. However, it is a positive reflection of a growing economy, and it creates numerous employment opportunities for many. Construction workers, from chief engineers to laborers, perform very difficult tasks by operating heavy machinery and working from dangerous heights. In doing so, they often become victims of construction accidents, which may leave them permanently disabled or worse.

Construction sites are not only hazardous to on-site workers, but also pedestrians and by-standers. From time to time, a construction site may have falling debris, such as rocks, metals, and other objects. The speeds at which they fall added with their weight are enough to cause serious injuries to whoever may be walking below. With a staggering increase in construction accidents in the United States, citizens should know of their rights to file a personal injury lawsuit in the event of a worksite mishap. Talking to a construction accident lawyer would be the best first step.

What Types of Accidents Occur in a Construction Site?

Despite having measures put in place to curb construction accidents, some construction companies do not implement these rules. As a result, workers find themselves prone to accidents. At any construction site in Texas or throughout the United States, there exists a wide array of potential accident causes, many of which can be prevented. Some of these causes include:

  • Exposure to hazardous and toxic materials
  • Faulty electrical wiring
  • Malfunctioning equipment
  • Falls from high elevations
  • Substandard construction structures
  • Falling objects or debris

Of the above causes, the majority of construction accidents occur when workers fall from elevated heights, when they are struck by dangerous objects, or as a result of operating dangerous and heavy equipment.

Who is Responsible for a Construction Site Accident?

If you or a loved one has been injured in a construction site accident, you may be eligible to file a personal injury lawsuit against all potentially liable parties. The responsible party is required to make up for the economic and non-economic damages incurred as a result of your injury. Just like in any other personal injury accident, you may have multiple responsible parties in a construction accident, including:

  • The construction company
  • The construction engineer
  • The architect
  • The contractor
  • The property owner
  • The construction workers
  • The machine manufacturer

However, for you to get fair compensation for your injuries whether as a worker or a third party, your lawyer must base his or her arguments on the proper negligence, product defect, and premises liability laws.

Negligence

The majority of construction accident claims are often based on someone else’s negligence. To prove this, you must be able to clearly show that the defendant owed you a duty of care, that they breached their duty of care, and that this breach foreseeably caused your injury.

Premises Liability

All property owners have the responsibility of ensuring that every person within their premises is safe and not at risk of injury. If an injury occurs because a construction site is not safe, the construction company should held accountable for breaching the duty of care they owe to their workers.

Product Defects

A construction site often uses heavy machinery and toxic materials. While using them, they may malfunction, putting the operators or users in danger. To curb this, the party or parties responsible for the manufacturing, designing, and selling of defective product may be held responsible for a subsequent construction accident.

What are Damages in a Construction Accident Lawsuit?

The responsible party may be required to pay for all economic and non-economic damages associated with your injury. Economic damages include the tangible costs incurred, including medical bills, lost wages, loss of earning capacity, lost future income, long term care cost, and other necessities. Additionally, non-economic damages are meant to compensate the losses you and your family have incurred from pain and suffering, physical impairment, mental anguish, and much more.

Call Us for Help

For all your questions on construction site accidents and lawsuits, please call us today to schedule a free consultation with one of our lawyers. We treat every case with utmost confidentiality to protect your interests. Call us today to get started.

If you were in a car accident with a public service vehicle, you have the right to sue who’s at fault and make the proper personal injury claims. This applies whether you’ve been hit by a public service vehicle, or if you were in a public service vehicle as a passenger.

As a passenger, you are unlikely to be at fault if an accident occurs. If you are in another car, you will need to prove that the public service vehicle was responsible for the accident.

Who Do You Sue When It’s a Public Service Vehicle?

You’ll need to find out which governmental body is responsible for that vehicle. Depending on the vehicle, it could be your city, county, the state of Texas, or the federal government. In most cases, you cannot also sue the driver of the vehicle personally if they were driving on behalf of their government employer.

What Types of Damages Can You Sue For?

As with any car accident, you are able to make claims for the damages incurred. Most importantly, you will want to make a claim for the medical treatment you received as a result of the accident. Additionally, if your injury prevented you from working, you can also make claims for your lost wages.

You are also entitled to non-economic damages such as pain and suffering and physical impairment. Automobile accidents involving public service vehicles can result in severe injuries that may affect someone for the rest of his or her life. They include:

Regardless of the type of injury you may have, you are entitled to seek compensation for all economic and non-economic damages incurred.

What Are the Limitations When Suing the Government?

There are special rules that apply to making claims against government entities. Most importantly, you are required to give proper notice to the government entity within a certain amount of time. This time is usually six months, but for some counties (including Harris County), that time limit can be shortened to as little as three months. In short, if you don’t properly notify them in writing about your personal injury claim by this time, you forfeit your right to sue altogether.

Another major limitation to suing the government comes in the form of “emergency situations.” If a government vehicle is responding to an emergency, as police officers and firefighters often do, then the government cannot be held accountable for any negligence on behalf of the employee. For example, if a police officer is responding to a call and driving with its lights and siren on and causes a crash, the injured citizen cannot sue the government. It does not matter if the officer was responsible for the crash or if he did not follow traffic laws. The injured party will likely, and unfortunately, be out of luck.

Why is it Important to Hire a Car Accident Lawyer?

There is particular urgency when it comes to accidents involving governmental vehicles. You need to identify the proper parties and adequately notify them of your claim within a certain time-frame. Additionally, you might be prohibited from bring your claim at all. Since there are a number of variables when suing the government, it is highly advisable to consult with an attorney before pursuing your injury claim on your own.

A seasoned lawyer will use their professional expertise to send proper notices and gather the necessary evidence to prove liability for the accident. He or she will facilitate the claims process on your behalf and ensure you are timely and fairly compensated for your injury.

The aftermath of an accident can take a toll on the injured, as it comes with a number of challenges. It often leads to both physical and emotional stress for both the injured party and his or her family. The help of a competent personal injury lawyer will ensure that your rights are protected. If you’ve been injured in an accident with a government vehicle, call our offices today for a free consultation with one of our attorneys.