My question involves an injury that occurred in the state of Texas
My wife was involved in a car accident – she was hit head on while traveling through an intersection. Both auto’s were totaled, she sustained back, neck, knee, and abdominal pain. I took her to the hospital, she was x-rayed and examined, no obvious findings were noted, and she was told to give it a few days, and follow up if the pain persisted. More on this website
The other driver was ticketed, and found to be 100% at fault by his insurance company, they covered the loss of our car – at first at about 20% less that fair market value. I tore through the 3rd party valuation report and found a clunker being used in their valuation report that really lowered the value they offered. I brought it to their attention, and they came up with a much more reasonable figure. The property damage is resolved.
Nine days following the original accident, my wife continued to complain of very significant abdominal pain. Figuring enough time for generalized aches and pains to have passed, I was concerned. I contacted urgent care, and they suggested we get straight to the hospital, she could have a serious internal injury. I contacted my insurance carrier, told them what she was experiencing, and our medical claims adjuster suggested we seek appropriate treatment, and to visit the emergency room again if that was what urgent care suggested.
We did go to the emergency room again, she underwent a physical examination, and then a CatScan. The CT didn’t turn up any findings other than a slightly enlarged pancreas head, which was potentially indicative of pancreatitis, although the physician said it was probably nothing. Labs were run to ensure that it was nothing, and it wasn’t, her pancreas head is just a little bigger than “normal.” An incidental finding of the lab work was a minor bladder infection, which they physician said was in no way related to the pain she was experiencing. She was given a prescription for antibiotics for the infection, and told that the abdominal pain was likely the result from the force of the seatbelt – the location of the pain correlated perfectly with where the seatbelt lays on your body.
I received a notice from our insurance company that the bill for the second emergency room visit was denied, in full. The explanation given is that as the result of an independent medical evaluation, the services provided were not related to the motor vehicle accident. I have requested a copy of the report for review, and the bill has been submitted to my medical insurance carrier, the hospital has already indicated they find it likely the medical insurance will deny the bill and say its not related to the accident.
What are my options here? We went into the emergency room for abdominal pain that began immediately with the accident, and did not cease. Medical professionals and my insurance company both directed that it was important to go have my spouse examined because of the potential for serious consequences. Now they don’t want to cover the bill – I’m sure their report is going to suggest that the abdominal pain was somehow related to the incidental finding of a bladder infection – which is bogus, even the emergency room doctor told us flat out that wasn’t related in any way to the abdominal pain. Now, I could accept if they don’t want to cover the lab work for the pancreatitis testing – I wouldn’t have a problem paying for that. But the majority of the $2,300 bill is the radiology and the emergency room care – I don’t see what other “cause” than the auto accident prompted that visit, and why they shouldn’t pay. I didn’t want to involve an attorney, and I wasn’t considering seeking any kind of retribution or personal injury, but I’m worried now that if I don’t initiate some kind of action I may be stuck holding a bill that auto insurance and medical insurance are both going to say is the others responsibility.
I appreciate any advise, insight, options and idea’s you folks can offer. Thanks for your help. More Information here
No one can overstate the injured individual’s need to get representation of a skilled legal representative. The evidence to back your claim can be immediately preserved and your rights can be protected when you speak with a legal professional. Most likely, the party who was responsible for your injuries has a legal representative or insurance adjuster who will attempt to deny the defendant’s legal liability by working on the case immediately. This indicates that you absolutely need a legal professional on your side to work for you as well while you recover.
How does an Accident Lawyer Prove Negligence?
Evidence is preserved when things are kept in the exact same state as they were during the accident. If a vehicle accident brought on your injury, you may request that the vehicles involved be preserved and free from alteration or any modifications by sending letters to all the individuals involved in the accident. All of injury-related documents, which include medical records, photos and videos of the injury, negotiation discussions, and such other types of evidence need to be collected, preserved and forwarded to your legal representative.
Refuse to Sign Any Document
If your attorney has not yet checked out and studied a document, don’t sign it. Without your attorney’s approval, you could end up with a small amount of compensation. Insurance carriers and potential defendants often try to settle cases even before the injured victims and their lawyers are able to discuss the proposed settlement arrangements.
The statute of limitations in filing a personal injury claim depends on the type of the accident and whether you are claiming against an individual or a government organization. Though the general time frame to file an accident-related injury is 2 years, your memory and your witnesses’ capability to remember what exactly transpired during the time of the accident might fade with time. Moreover, evidence might be destroyed or could possibly disappear. It is important to seek advice from a personal injury lawyer immediately to know if you have a personal injury claim so you can start pursuing your claim.
A lot of people are reluctant to file a personal injury claim whenever an accident or unfortunate event causes their injuries for the reason that they worry that they may create trouble with the other party, burden the legal court system, waste their time, or that they would ask more than what is necessary. What those individuals don’t understand is that making a personal injury claim is the most effective way to safeguard an injured person’s right to just and fair compensation. Personal injury claims come up when people are injured because of the negligence or wrongful act of other people or as a result of defective products. The compensation for such claims is often times paid out by the insurance provider of the defendants. On the other hand, insurance providers employ the legal services of several legal representatives who will fight for them by putting the blame of the accident on injured victims. Therefore, you need the legal help of an expert and seasoned personal injury lawyer to fight for you and to argue the defendant’s defenses.
The most typical causes of personal injuries are motor vehicle accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, medical malpractice, on-job accidents, slip and fall accidents and dog bites. The unique circumstances of each claim determine the damages that an injured party is allowed to recover. Injured parties may only file a claim against the potentially accountable parties within a specific time period. Making a claim against the potentially liable individuals will no longer be allowed when the specific time period limit has ran out and no claim was made.
The injured individuals can be awarded damages to compensate them for their injury-related losses. The two distinct types of compensatory damages are monetary or special damages and non-monetary or general damages. Injured people are awarded with monetary damages to make up for their injury-related monetary losses. They can consist of past and future medical expenses, rehabilitation expenses, lost wages, replacement or repair of property, cost of living with disability in the event the patient becomes disabled, and any other expenses related to the injuries. Among the losses which can make an injured victim awarded with non-monetary or general damages are emotional distress, loss of consortium, and pain and suffering. Even though it isn’t very hard to determine monetary losses, placing value on the victims’ non-monetary losses can be complicated.
Also called exemplary damages, punitive damages can be received by plaintiffs if the defendants inflicted the victim’s injuries with oppression, violence, malice, or any wicked acts. Generally, punitive damages are meant to punish the defendants for inflicting the injuries as well as to discourage other people from committing similar harmful acts. Punitive damages are rarely awarded to injured victims even if they’re eligible for compensatory damages.
To maximize your odds of obtaining compensation if you were injured, contact a personal injury attorney if you have legitimate grounds to file a claim against a potentially accountable individual or entity.
When anyone is physically, psychologically, or mentally injured due to deliberate or negligent acts by another person or entity, personal injury takes place. Injuries arising from accidents due to another party are the most common personal injuries.
Essentially, a personal injury case is a legal argument which takes place once an individual suffers injuries and another party is potentially responsible for the damages. Through civil court proceedings, the case can be dealt with in a formal manner. The injured person files a lawsuit to hold the negligent person legally accountable for the injuries through a court judgment. On the other hand, such a legal dispute may be resolved through an informal settlement between the victim and the accountable parties. One other way to handle this kind of a legal dispute is through an informal settlement between the two opposing parties. The victim and the liable parties, on the other hand, can have an informal settlement to resolve the legal dispute.
It’s important in a negligence lawsuit that the injured party or the plaintiff can establish that other individual’s negligence caused the the injuries. The problem is that negligence can often be difficult to establish. It is very important for the injured party to establish that the sued party owes the plaintiff a duty of care, did not exercise the duty of care, and that the negligence resulted in injuries to the plaintiff. Establishing negligence can be efficiently handled by a knowledgeable personal injury lawyer.
The formula for recovery that the injured person is qualified to obtain is medical costs plus lost wages plus general damage. It is usually straightforward to place value on lost wages and medical expenses. However, valuation gets to be tough when it comes to general damage since it involves non-economical damages like emotional distress, permanent disability, and lowered quality of life, and the like. The value of general damages can be adequately determined by a legal professional experienced in handling personal injury claims.
One area of law which is often complex is personal injury law. It is the law which governs the right of an injured individual to require the accountable party to pay for the damages due to the negligence.The right of an injured individual to compel the negligent person to make amends for the injuries is governed by this law. Proving negligence and placing monetary value on injuries make this law complicated though it was designed to safeguard an injured party.
Contrary to what some people believe, a personal injury case is a civil case and not a criminal case. Though a police report is critical in many instances, it just plays a little role in the process. The word and the evidence of the plaintiff against the defendant are the contributing factors in the triumph of this kind of case. In establishing negligence, the injured party needs to demonstrate that the accident which caused the injuries may have been avoided if a different person or entity was not careless or negligent.
Regarding compensation settlement, the offered amount of a large number of insurance companies to injured victims is much lower than the victims deserve. Once the economic and non-economic losses of the injured party is calculated, a legal professional with expertise in personal injury law negotiates with insurance companies to ensure just compensation for the injured party.
While the injured individual focuses on recuperation, a personal injury lawyer can deal with a personal injury claim proficiently. Whether through settlement or through court proceedings, an experienced legal professional makes sure that the injured party obtains fair compensation by fighting for the victim’s rights.
An injury to an individual, whether physical or psychological injury, is required to be existent to have a personal injury case. The primary purpose of a personal injury claim is to require the party who brought on the injuries to compensate the injured victim for the losses. It’s also vital to show proof that the other party is liable for the injuries.
Not every harmed victim, however, is qualified for compensation, and being entitled to compensation does not mean that injured person can in fact recover damages. Because of this, appropriate actions should be taken by the injured individual to increase the probability of obtaining compensation. More on this website
Trucking companies are often referred to as “common carriers” thus trucking company responsibility is often referred to as “carrier responsibility”. The trucking industry is heavily regulated on both the state and federal level. Many of the legal duties and requirements placed on trucking companies were created to improve public safety. Our truck accident attorneys understand carrier responsibility and how it applies in your case.
Trucking companies have many legal responsibilities, and are required to keep extensive and detailed records. Among their basic responsibilities are strict rules regarding:
Screening and hiring drivers
Maintaining, inspecting, and repairing trucks
Record keeping on all of the above and more
Screening and Hiring Drivers
Trucking companies have extensive duties in screening their drivers and specific regulations regarding who they may hire. They must obtain background information which includes:
Driver’s license suspensions and revocations
Accidents and violations in both commercial and non-commercial vehicles for the last three years
Drug and alcohol testing for up to two years
Commercial driving employment records for the last three to ten years
Trucking companies can only use drivers who:
Are at least 21 years old
Have passed a physical exam with the last two years
Have passed a road test in a vehicle which is comparable to the one they will drive
Possess a valid commercial driver’s license (CDL)
Investigating Your Truck Accident
Trucking companies are required to keep extensive and detailed records including records to prove compliance with trucking regulations. Your truck accident attorney must have a very thorough understanding of trucking regulations so that he knows which documents to request, and what the information really means.
Although thorough records must be kept, many are only kept for a short amount of time. If you do not get started right away vital evidence in your favor could be legally disposed of or destroyed.
If you or a loved one has been injured or killed by in a truck accident, please call our truck accident attorneys. The initial consultation with our truck accident attorneys is free, and if we agree to represent you, we will work for a contingent fee, which means we won’t get paid for our services unless you receive a settlement or an award. A truck accident lawsuit must be filed before the expiration of the statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.
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