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Archive for October, 2008
Wipe Personal Injury Clean
As ridiculous as this may sound, if you want to avoid personal injury accidents while driving your car, take preventative steps to do something to control the situation.
Everyone is responsible for their own driving and for the upkeep and maintenance of their vehicle. While this might seem to be a bit of a no-brainer, it is quite amazing how many people overlook or totally ignore their windshields.
We have all seen people driving in the winter trying to look through a miniature hole scrapped into the windshield. Are they able to see where they are going? The answer to that is no, they are not, which makes them a sitting duck for the old saying, “There goes an accident on its way to happening.”
If you cannot see where you are going, chances are that will cost you big bucks after the accident. You are right, this does not happen to everyone, but the chances of it happening are higher than you would think. Take the time to clean the windshield off and see where you are pointing a deadly weapon weighing at least 4,022 pounds.
We have all been in near misses and thought to ourselves, “Thank goodness nothing bad happened.” It only takes one time when you couldn’t see properly to bring home the point in a not so happy fashion. If you have been a victim of a car crash where the other driver couldn’t see where they were going, then you know how it feels.
It only takes a few minutes of time to keep your windshield clean and may save you hundreds of dollars in costs as a result of a potential accident. It may also safe your life.
Understanding what a personal injury is may help understand what needs to be done to protect yourself and your family. A personal injury happens when a person suffers a personal injury – psychological or physical – and it is usually due to an accident.
The most common personal injury claims are traffic accidents, tripping accidents, mishaps at work, assault claims, accidents at home, and holiday accidents. This area of the law also incorporates medical and dental accidents, often also referred to as medical/dental malpractice.
If the accident happened due to someone else’s fault, the injured person may be entitled to compensation from that individual. This whole area of tort law is controversial in the United States, with many calling for reforms in the area of personal injury law.
It is easy to take care of your own safety, but take the time out of your busy day to do that. It may mean the difference between getting home safe and sound or not being able to get there due to an accident.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Who May Recover in a Wrongful Death Lawsuit
Wrongful death suits may only be filed by some such as a surviving spouse, the next of kin or the children of the person suddenly killed.
Wrongful death is never an easy thing to deal with. The sudden news that your spouse or significant other family member has died for reasons you may not understand, coupled with struggling over that catastrophic loss are enough to bring anyone to their knees. At times like this, the devil is in the details.
When you have a better grasp of what did happen to cause your loved ones death, it is time to talk with a qualified wrongful death attorney. For a wrongful death suit, which is filed under the Wrongful Death Statute, you need to provide your lawyer with as many specific details as possible. The rest of the process is up to your lawyer.
It doesn’t matter how your loved one died – as the result of medical malpractice or in a motorcycle or car crash – you have the right to ask for compensation from the courts for pain and suffering. If the death is the result of someone else’s negligence, and that is successfully proven, you may also be able to seek compensation in other categories at trial. E.g. loss of wages.
Only an experienced wrongful death lawyer is able to walk you through the legal system to obtain the best settlement you are entitled to. Understand that filing a wrongful death suit is not a criminal matter. A suit such as this is a civil action that charges someone with liability for causing death by reason of negligent actions or with the failure to act which could foreseeably end in death.
In Texas, a wrongful death lawsuit means the burden of the proof is on the plaintiff to show that but for the negligent actions of the defendant, your loved one would not have died. Wrongful death statutes do not apply to an unborn fetus unless they are born alive and subsequently die as the result of an injury inflicted prior to birth.
Most states have wrongful death statute, however some of them are applied differently than the statute in Texas. For instance some statutes preclude a parent recovering for the death of a married, financially independent adult child. In other states only minor children may sue for the death of a parent.
You may recover various damages from your wrongful death lawsuit including compensation for pain and suffering prior to death, punitive damages, property damage, loss of consortium, medical expenses and funeral expenses.
If you have any doubts about the circumstances surrounding the death of your loved one, speak with a competent wrongful death attorney. While it will not bring your loved one back, a wrongful death suit may award you damages that will enable you to get on with your life.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Texas Statute Of Limitations Hints
(AP) Don’t wait until the last possible minute to file a personal injury lawsuit. Waiting too long can mean missing the statute of limitations on filing.
If there’s just been an accident, the last thing on anyone’s mind may be suing. The focus is usually on medical care, insurance claims, car repairs and just generally wanting to get life back on track.
Don’t wait too long to consider a personal injury lawsuit or the ability to be able to file will disappear if it’s past the statute of limitations. In Texas the statute of limitations for personal injury cases is 2 years.
If the injuries were serious, it may take two years to heal and miss the filing deadline. Be aware of what legal options are available before they slip away and can’t be exercised.
There is one area of law where the statute of limitations is actually 10 years – medical malpractice suits. The reason for the longer deadline is because in medical cases, complications might not show up until later.
A word of advice about accidents. Usually the first thing that happens is the insurance company wants to get things all tied up and settled quickly. Under no circumstances should anyone settle for the first offer. Speak to an attorney familiar with this area of the law to ensure there isn’t an unseemly rush to an inadequate settlement.
There may be some bluster from the insurance company about settling quickly before the deadline passes. There’s no hurry, despite what they may imply. The case just needs to be started before the statute of limitations expires. The case doesn’t have to be completed by then.
There is nothing stopping a person from trying to settle his or her own insurance claim. However, once the claim is settled there is rarely any going back to re-open the deal. This is the major reason for speaking to a lawyer.
Advice on how to proceed with a personal injury claim will get a claimant what they actually deserve as a settlement, not what the insurance company thinks they can get away with.
To learn more visit http://www.sharpfirm.com.
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How To Handle a Denied Health Claim
There are several ways to go about handling a denied health claim and honestly, not all of them involve legal help.
You need to know you’re dealing with a contract. It’s between two parties, you and the health insurance company. In most instances this contract gives you a good idea of what coverage you have (procedures covered), how much of the bill the insurance company pays and what services are covered.
Here’s a quick example of how that may work. Let’s say your Preferred Provider Organization (PPO) covers a visit to a doctor in the network with a $50 co-pay. If you choose to go to a doctor outside the network, the PPO may only agree to pay 50% of the physician’s bill.
In the case of prescriptions, the plan may cover 100% of your meds if they were prescribed in a network hospital. If on the other hand you choose to buy meds at a drugstore, they may only offer to cover 50% of the value of the drugs, after you’ve paid a high deductible.
You already know how convoluted health coverage can be, so make it a point to read your health care policy. As boring as it may seem, the information in it may save you time and money later if you have a dispute with your insurer.
Keep in mind that although your doctor may think you need a certain procedure, you may find your plan doesn’t cover it. In other words, it’s not in your contract with the health insurance provider. This is yet another reason for you to know what your coverage actually “covers.”
Even knowing your policy won’t guarantee you don’t have a claim denied. It’s like death and taxes, almost inevitable. However, there are things you are able to do for yourself before you contact an attorney.
Do the obvious first – call customer service and find out if they denied your claim because of a medical coding error. That happens fairly frequently. If it wasn’t a coding error, then attempt to get an explanation. Here’s where things get a bit sticky.
If you honestly believe the insurer did stick to the terms of the policy, pay the bill. If on the other hand you think they’re waffling and aren’t living up to their part of the bargain – this now becomes a dispute and you need information on the arbitration process.
Take time to call your state insurance department as well. They may be able to resolve things for you, IF your insurer did break any regulations. If you don’t get any satisfaction and feel like you are getting a huge run around, contact an attorney with experience in settling and/or litigating health care disputes.
If the insurance company is trying to get you to settle for a smaller claim, or none at all; are asking for excessive documentation/verification of your claim or telling you to resubmit what you have already provided, speak to a competent lawyer who will assist you to cut through the red tape and get the matter resolved.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Beat The Statute Of Limitations in Texas
Don’t wait until the last possible minute to file a personal injury lawsuit. Waiting too long can mean you miss the statute of limitations on filing and be out of luck.
When you’ve just had an accident, granted the last thing on your mind may be suing. You’ll be focused on medical care, insurance claims, car repairs and just generally wanting to get your life back on track.
Don’t wait too long to consider a personal injury lawsuit, or you will lose the ability to be able to file one if you are past the statute of limitations. In Texas the statute of limitations for personal injury cases is 2 years. If your injuries were serious, you may take two years to heal and miss the filing deadline. So be aware of your legal options before they slip away on you.
There is one area of law where the statute of limitations is actually 10 years – medical malpractice suits. The reason for the longer deadline is because in medical cases, complications might not show up until later.
A word of advice about accidents. Usually the first thing that happens is the insurance company wants to get things all tied up and settled quickly. Under no circumstances should you settle for the first offer. Speak to an attorney familiar with this area of the law to ensure you’re not pushed into an inadequate settlement.
You may get some bluster from the company about settling quickly before the deadline passes. There’s no hurry, despite what they may imply. All you need to do is start your case before the statute of limitations expires. You don’t have to have the case completed by then.
If you think you can settle your own personal injury claim directly with the insurance company, you’d be welcome to try. However, once the claim is settled there is rarely any going back to re-open the deal. This is the major reason you need to speak to a lawyer.
Your advice on how to proceed with your personal injury claim will get you what you actually deserve as a settlement, not what the insurance company thinks they can get away with.
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
Auto Accident Facts
Every year thousands of car and truck accidents occur on streets and highways in Texas and across the nation. Some are unavoidable, while many are the result of careless or reckless driving. When this happens, the victims of these accidents are entitled to compensation for their financial losses and suffering.
In the United States, road accident statistics are startling. In 2003, the United States Department of Transportation reported 6,328,000 car accidents occurred nationally, causing almost 3 million injuries and 42,000 fatalities. Despite safety regulations, car accidents continue to remain common incidents on today’s roads.
On average, there are more than 6 million car accidents that affect millions of people with serious injury and even fatality:
• More than 25% of all car drivers were involved in car accidents in a five year period.
• Almost 40% of car accident fatalities are caused by drunk drivers.
• About 60% of car accident fatalities are caused by excessive speeding and reckless driving.
• One person dies in a car accident every 12 minutes.
• A car accident resulting in injury occurs every 14 minutes
Lance Sharp of The Sharp Firm is an Austin personal injury lawyer specializing in personal injury and accident law in Austin Texas. The lawyers at The Sharp Firm have a collective 40 years experience in being Austin injury lawyers. To learn more visit http://www.sharpfirm.com.
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