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Frequently Asked Questions about Car Accidents

Car accidents can be a challenging and stressful experience, and it’s important to have a clear understanding of the necessary steps to take and the legal aspects involved. In this article, we will address some frequently asked questions regarding car accidents, personal injury claims, insurance coverage, and legal representation. By familiarizing yourself with these FAQs, you can better navigate the aftermath of a car accident and protect your rights.

What issues will I face in making a personal injury claim for injuries sustained in an automobile accident?
A personal injury claim for injuries sustained in a car accident is typically based on negligence or recklessness. The key issues that often arise in such claims include:

a) Liability: Determining who is at fault and to what degree.
b) Damages: Evaluating the injuries or losses caused by the accident.
c) Insurance Coverage: Understanding what the insurance company will cover after the accident.

What should I do if I am involved in a car accident?
If you find yourself involved in a car accident, follow these important steps:

a) Stop: It is crucial to stop at the scene of the accident. Leaving the scene can result in legal consequences.
b) Call for help: If there are injuries, call 911 immediately. Otherwise, contact the police and follow their instructions.
c) Notify your insurer: Report the accident to your insurance company as soon as possible. Also, inform the other driver’s insurer about the accident.
d) Avoid signing anything: Refrain from providing statements or signing any documents if an insurance adjuster appears at the scene.
e) Gather information: Collect the names, addresses, and phone numbers of everyone involved, including witnesses.
f) Seek medical attention: Even if you don’t feel immediate pain, it’s important to see a doctor to assess any potential injuries.
g) Contact an attorney: If you’ve been injured, it’s advisable to consult with a lawyer to ensure a fair settlement from the insurance company and protect your rights.

An insurance company is offering me a nice settlement. Should I take it?
It is highly recommended not to accept any settlement offered by an insurance company without consulting an experienced auto accident lawyer. Insurance adjusters work for the insurance company and aim to protect their interests. Seeking legal advice ensures that your rights and interests are safeguarded, as insurance companies often try to settle for minimal amounts and discourage you from obtaining legal representation.

If I rear-end another vehicle, am I at fault?
In most cases, if you rear-end another vehicle, you are considered at fault. Texas law stipulates that drivers must maintain a safe distance and be able to stop safely if the vehicle in front suddenly stops. However, there are exceptions, such as when the other driver makes an unexpected stop or if a chain reaction occurs. It’s important to note that fault in a car accident can sometimes be shared between parties, depending on the state’s comparative negligence laws.

My doctor notified me that I have a permanent injury as a result of my automobile accident. What does this mean?
A permanent injury refers to an injury that will either last for the rest of your life or for a significant period beyond the settlement of your claim. In such cases, you may be entitled to compensation from the at-fault party or their insurance company for all current and future medical expenses related to the accident.

What should I do if I didn’t feel hurt at the scene of the accident but experienced pain afterward?
If you believe you have been injured in a car accident, it is important to seek medical attention promptly, even if you initially feel fine. Inform your medical provider about any discomfort, pain, or potential injuries resulting from the accident. Some injuries may not manifest immediately, and delaying medical treatment can complicate your personal injury claim. Promptly seeking medical attention not only ensures your well-being but also strengthens the link between the accident and your injuries in your claim.

Can I still recover damages if I was not wearing a seatbelt at the time of the accident?
Wearing a seatbelt is required by law in most states for both drivers and passengers. If you were not wearing a seatbelt at the time of the accident, it can potentially affect your ability to recover full damages for your injuries. Insurance companies may argue that your failure to wear a seatbelt contributed to the severity of your injuries. However, it’s important to note that fault primarily lies with the negligent party, and personal injury laws vary from state to state. Consulting with an experienced personal injury lawyer can help you understand the potential impact on your claim.

If I was hit by a commercial vehicle, is the employer also responsible?
In cases involving accidents with commercial vehicles, it is possible for the employer to be held responsible. Employers can be held liable for the negligent actions of their employees under the doctrine of vicarious liability. This means that if the employee’s actions occurred within the scope of their employment, the employer may share responsibility for the accident.

If I have been injured in an automobile accident, will I have to go to court to get a fair settlement?
The majority of car accident cases are resolved through settlements outside of court. An attorney will work with the insurance companies involved to negotiate a fair compensation amount. However, if an agreement cannot be reached, your attorney will be prepared to represent your case in court. The goal is to ensure you receive the rightful compensation for your injuries and losses.

If I was injured in a car accident, do I need to hire a lawyer, or can I handle the claim myself?
While there is no legal requirement to hire a lawyer for a personal injury claim, it is highly recommended. Insurance companies and their attorneys are skilled in minimizing payouts and protecting their own interests. By hiring an experienced personal injury lawyer, you level the playing field and have someone who will advocate for your rights and fight for fair compensation. They have the knowledge and expertise to navigate the legal complexities, gather evidence, negotiate with insurance companies, and, if necessary, take your case to court.

In a Nutshell
Car accidents can have significant physical, emotional, and financial consequences. By understanding the key aspects of personal injury claims, seeking immediate medical attention, and consulting with an experienced attorney, you can protect your rights, secure fair compensation, and focus on your recovery. Remember, having proper legal representation is crucial to ensure that your interests are well-protected throughout the process.

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Construction Accident Attorneys Dallas

If you have been injured in a construction trench accident, or if someone in your family has died in a trench collapse accident, our Texas fatal construction accident attorneys with our Law Firm can help you seek justice and fair compensation.

Improper construction of trenches has historically resulted in many construction-related injuries and fatalities due to trench collapses. Such incidents occurred during trench construction.

For decades we have helped injured victims and family members file negligence liability and wrongful death suits after trench collapse accidents. We are dedicated to helping you bring to justice those responsible for your loved one’s death.

According to Texas Law, a trench collapse encompasses any “hole in the ground.” Sometimes they can only be a few feet deep. But most trench collapses arise in “holes” that can be very far down: sometimes as much as several hundred feet, though most are 50 feet or less. The terror one experiences being at the bottom of a deep hole that has suddenly caved on top of a worker is truly one of the most terrifying and emotionally scarring of life experiences.

Slowly suffocating to death at the bottom of many cubic yards of sand or soil, or being fortunate to hold-on and survive such an accident, all-the-while wondering if your next breath will be your last, is so nerve-racking that many of us have a hard time comprehending such terror. Add to that the likelihood of major internal injuries, gruesome compound fractures or head trauma and it’s small wonder why construction workers who accept such risks daily are not only a hearty breed but all-too-deserving of the compensation that their employer and his insurance company might wish to withhold.

Having an experienced and shrewd attorney in your corner increases the odds of winning that fair compensation significantly. Not having one makes you a victim a second time.

An experienced Texas workplace accident lawyer with our Law Firm helps you deal with your challenging (and contentious) work-injury case. We have every bit of the necessary expertise to help injured workers (and grieving families) just like you, win the fair compensation they deserve for their medical bills, lost wages, pain, suffering, disability, and wrongful death.

Put our experience to work for you, today! If you want to know what your rights are, either as a surviving trench accident victim or as the surviving family members of one, how to proceed with your claim and how much compensation you can reasonably expect to secure, we can answer every one of your questions and share the likely strategy to produce the rightful compensation you have a right to claim. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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What Is Workers’ Compensation?

Workers’ injury compensation is mandatory insurance that provides payment for medical care to employees who are injured at work or who develop an illness related to their work. Workers’ compensation covers both obvious physical injuries, such as a fall from a ladder, as well as injuries incurred over a long period of time, such as repetitive stress injuries like carpal tunnel syndrome and back problems. It also may cover lost wages as a result of a disability.

An employee can receive workers’ compensation benefits REGARDLESS of who is at fault (the employer, the employee, a coworker, a customer, etc.). In exchange for using this benefit, the injured employee gives up the right to sue his or her employer for negligence. Each state in the U.S. has its own laws and program specifics dealing with workers’ compensation. Many states also have a statute of limitations on workers’ compensation, which is a time limit within which the employee may file a claim for benefits.

History of Workers’ Compensation

Workers’ compensation laws were enacted in the U.S. to reduce the need for negligence lawsuits and to decrease the need for workers to prove in a court of law that their injuries were the fault of their employer. In 1902, Maryland was the first state to enact such laws. The first federal law was enacted not long after that, in 1906. By 1949, all states had some sort of work injury compensation program in place.

Who Pays for Workers’ Compensation Benefits?

In most states, employers must purchase workers’ compensation benefits for all their employees. Benefits are generally purchased from private insurance companies, although a few states have a state fund that covers work injury compensation payments.

Payments to injured employees are often a fixed amount based upon the type of injury, using a formula developed by the state. Payments may be made weekly (in place of wages), as a lump sum as compensation for past and future wages lost, as reimbursement or prepayment of medical expenses, or as benefits paid to dependents, if the employee is killed during employment. Unlike in personal injury lawsuits, workers’ compensation programs generally do NOT provide compensation for pain and suffering.

Injuries Not Covered by Work Injury Compensation

Most injuries that arise out of employment or that occur within the scope of employment are covered by workers’ compensation benefits. These discrepancies differ from from state to state.

An injury is usually NOT covered under workers’ compensation if it occurs as a result of:

• The employee is intoxicated and/or using illegal drugs.
• Self-inflicted injuries, including those caused by an employee who starts a fight.
• The employee committed a crime that resulted in injury.
• The employee violating company policy.

Workers Not Covered by Workers’ Compensation

Workers not covered by workers’ compensation programs also vary significantly from state to state. Some common exclusions include:

• A company in which the owner is the sole proprietor and only employee
• A company with only a few employees (less than 3 or 4)
• Independent contractors
• domestic employees in private homes
• Farmworkers
• Professional athletes
• Railroad employees
• Volunteer (unpaid) workers

Note that part-time and temporary employees ARE usually covered. In addition, federal employees are exempted from state workers’ compensation programs but receive benefits through the federal program. Finally, there are special rules that generally apply to law enforcement employees and firefighters.

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