Austin personal injury

How to Handle Car Insurance Disputes

If you’re getting the run around from your car insurance company, you are not alone. This happens far more than you would like to think, but don’t just sit there and take it.

If you are having a tough time with your car insurance company, sit back for a minute and just review all the things that have happened to you before you reached your boiling point of frustration. If calling a highly skilled car insurance dispute attorney was not one of the things you did, it’s still not too late to call an attorney.

If you’re really tired of being ignored, having everything you try to do stalled in neutral, and are sick of disputing with your insurance company, there are some things you may do to help yourself. Just remember, the best insurance is a competent lawyer who will get things moving for you because they understand the system inside out.

We’re going to tell you about some things you are able to do on your own, but will also encourage you to take detailed notes. Your notes will help your lawyer piece together the history of how your claim was handled. You may certainly call the claims department yourself; after all, your insurance premiums pay their salaries. Did they give you a rough time? Get the person’s name and speak to their supervisor.

If you march down to the insurance company and take any documents with you, make sure you have the right ones, and that they prove the point you want to make. Don’t take no for an answer and speak directly to your assigned insurance adjuster. Follow up your “in person appointment” with an email outlining everything you spoke about. Again, remember to keep copies of everything you sent, as well as notes about what was said.

If dealing with your insurance agent is like beating your head against a brick wall, it’s time to head for the complaint department. Repeat the above process and keep notes, complete with times and dates. If there is still no resolution of your complaint, it’s time for the big guns – the local Insurance Department.

Often you may file a complaint with them online, but don’t expect a resolution within a few days, as it often takes longer than 30 days for anything to happen (and not always in your favor). However, having said that, by the time you get this far you are likely realizing your best route to solve your insurance claim dispute would have been to contact a skilled insurance attorney.

While the Insurance Department does pack a lot of power in terms of disciplining insurers, having an attorney represent you is even more effective and more often than not, takes less time.

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 about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.

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Tuesday, April 28th, 2009 Articles No Comments

Help Yourself in Health Insurance Disputes

If you’ve heard it once, you must have heard it a hundred times – your Mom’s, Dad’s, brother’s, sister’s, neighbor’s, or your own health insurance claim was denied. Either this gets resolved, or you get hung with the bill that has to be paid out-of-pocket.

Is there anything you are able to do to give the system a boot and get it to cough up a decision in your favor? Yes, there are several things you are able to do for yourself, however to cut to the chase and get fast results, hire an experienced insurance attorney. Attorneys who have a track record in dealing with health insurance claims are worth their weight in gold in getting you a satisfactory resolution to your claim dispute.

In the meantime, here are some of the things you may do to get things moving. The first thing on your list should be talk to your health insurance provider and get them to review the denial. It may be just a simple error that can be chalked up to the use of the wrong diagnostic code.

If you are making these kinds of phone calls, make a record of them, including to whom you spoke and what they said, etc. In any event, if the claims review is a bust, you may opt to start the formal claims review process. To do this, if you happen to get health insurance through your workplace, get some advice from them. Also, check back with your doctor and get a letter outlining why you needed a specific treatment.

If none of this works, you do have the option of going higher up the chain of command in the health insurance company and speak to a Claims Manager; however, this might be the point to cut your losses and call an experienced attorney. An insurance attorney will be able to cut through a lot more red tape than you are able to do on your own, and in a lot less time.

If there is one thing that health insurance companies don’t like, it’s pressure to settle up and do right by their customers. If you have a skilled health insurance lawyer on your side, the pressure to settle or be sued is often a deciding factor in your favor.

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 about Austin personal injury lawyer, Austin injury lawyer, Austin personal injury, visit Sharpfirm.com.

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Tuesday, April 28th, 2009 Articles No Comments

Car Accidents Are Expensive

Car accidents are seldom what they seem to be on the surface and signing off on any injury claim prior to speaking with a competent lawyer is a very bad idea.

“Having had a significant amount of experience in this area,” said Lance Sharp of The Sharp Firm in Austin, Texas, “I know there are generally many injuries that are more severe than they appear to be on first glance.” Lance and Laura Sharp have over 40 years of combined experience as Austin personal injury lawyers.

Car crashes typically involve not just property damages, but personal bodily injury and while it is expensive to get the vehicle fixed, that pales in comparison to an undiagnosed injury that could make itself known later, after accepting a damage settlement from an insurance company. “Typically we recommend that our clients do not take the first damage settlement that an insurance company offers,” indicated Sharp. The major reason being that often it is not enough to cover the real costs of the accident.

Car accidents mean vehicle repairs, so there is the nuisance of losing decent transportation. More than that, however, are injuries that on the surface may seem minimal, but may actually require some serious medical intervention. For example, what may appear to be a strained neck may turn out to be a herniated disc that could require surgery.

“This is one of the many reasons we tell our clients to discuss any proposed settlements with us,” stated Sharp, “as we are well acquainted with the fact that car accidents may cost way more than just the face value of the damages – to the vehicle and the person.” Other incidental and not anticipated costs may run the gamut from lost wages to long-term physical therapy.

Even if the car accident appears to be minor, never assume that what you see is all there is to see. Assume that there is more to the situation, and make a call an experienced Austin personal injury lawyer such as Laura or Lance Sharp of The Sharp Law Firm in Texas. The Sharp’s years of experience will be able to bring justice to the forefront, deal with any pain and suffering, and ensure an adequate damage award based on the circumstances of the case.

To learn more visit http://www.sharpfirm.com.

Adviatech Corp. PR for The Sharp Firm
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017

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Sunday, March 22nd, 2009 Press Releases No Comments

Texas Wrongful Death Statute

Losing a loved one due to an accident caused by another person or entity may allow you to file a wrongful death action under a Texas civil wrongful death statute.

The people who are able to file a wrongful death action are the heirs of the deceased. This involves a representative of the deceased who is seeking damages from the court for personal injuries, expenses such as medical and funeral and conscious pain and suffering.

Wrongful death is generally the result of a variety of diverse situations such as medical malpractice resulting in death, negligence that caused a death, a car crash or being exposed to dangerous and toxic chemicals in the workplace. As you may be well aware, cases like this are difficult to litigate and require a highly experienced wrongful death attorney.

While it is difficult to deal with the death of a loved one due to circumstances that don’t seem to make any sense, you must consult with a qualified wrongful death lawyer well in advance of the tolling of the statute of limitations in Texas, which is typically two years from the date of the accident. There are exceptions to this rule and you must consult with a qualified wrongful death attorney in order to understand what those exceptions are.

The Texas Wrongful Death Statute actually has a rather interesting history and was first enacted in 1860. Over the years, of course, it has been amended, tweaked, changed to fit the prevailing legal requirements, and is now Chapter 71 of the Texas Civil Practice and Remedies Code. This particular statute provides the exclusive remedy for wrongful death in the state of Texas.

Prior to consulting with a lawyer about filing a wrongful death action, it would help to know that there are several basic elements of a wrongful death claim that need to be present in order to have a case. Those elements are that the deceased’s death was caused by the conduct of another person or entity; that the person or entity was negligent (or strictly liable) for the death; that there are surviving beneficiaries; and that monetary damages have accrued as a result of the death.

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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Sunday, March 22nd, 2009 Articles No Comments

Bike Riding in Austin Can Be Dangerous

Biking may be dangerous to your health and could in fact even be deadly. While bike riding is a joy, you need to be aware of everything going on around you.

Do you remember when you were a kid and you used to ride your bike down the roadway, with your dad watching you from the front yard? Those were the days. There wasn’t much traffic, everyone looked out for you and you were just going to a friend’s house. All in all, bike riding was fun and a memory you carried forward as you got older.

All bike riders need to be constantly aware of what is going on around them. While this may mean trying to have eyes in the back of your head, there are ways to ensure you are able to see what is behind you and beside you; the most important being wearing a helmet.

It’s a fact of life that bicycle riding does have it’s inherent risks and those include making mistakes while riding that cause an accident or being hit by a vehicle through no fault of your own. A good Austin personal injury lawyer worth their salt has seen several cases such as this and knows precisely how to litigate the matter.

Riding too fast for road conditions is one of the more common errors a bike rider will experience. The result being a loss of control of the bike and having it crash into something or someone. In most bike crashes, whether self-inflicted or as the result of a dust up with a car, the rider is thrown, and despite wearing a helmet, may experience pretty nasty personal injuries.

If the bike rider is the victim of an accident involving a vehicle, it is time to contact a highly experienced Austin personal injury lawyer. Cars drivers have a nasty habit of not “seeing” people on bicycles and as a net result often drive “into” them as they turn corners. On the other hand, if the driver is speeding and loses control, jumping up on the sidewalk and hitting a bike rider is not an unusual event.

Unfortunately, a large number of bicycle accidents are the result of hit and run drivers who leave the scene and the carnage behind them. In many instances, the drivers are not found, but in cases in Texas where they are found, they face a felony conviction and a possible prison term of up to five years.

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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Sunday, March 22nd, 2009 Articles No Comments

Hands Free Talking, While Better, May Still Be Unsafe

It had to happen – hands free cell phones as a way to communicate while driving. In some ways this is a good development, in others, well, there is still some doubt about how safe talking on a cell phone (hands free or not) is while driving.

Not all cell phone use is simply talking. Many cell phones act like a computer in the car with graphics, games and videos capable of distracting even the otherwise safest of drivers. The hands free Blue Tooth cell phone applications are making things much easier to talk to others when in transit from one place to another. “While this certainly does have it advantages, it is still distracting for drivers,” pointed out Lance Sharp of The Sharp Law Firm in Austin, Texas.

Sharp and his partner, Laura Sharp, have over 40 years combined legal experience in various areas of the law, and they definitely understand the ramifications of car crashes as a result of talking on cell phones. “It was once just talking on the cell phone while driving that was a problem, now it’s a whole array of other distractions like downloading maps, checking email, surfing the Internet, and playing games,” said Sharp. Add to this mixture the dashboard mini TV, movie screen or GPS location device and the recipe for a disaster in the making just got more complex.

Hands free is certainly a step up from trying to hold the cell phone in hand and drive at the same time. However this doesn’t seem to stop those who don’t want to spend the money for a hands free model; and who are trying to juggle things. Police on patrol have reported witnessing motorists trying to drive with their knees while talking on a cell phone and checking out their appearance in the vanity mirror.

While the hands free is touted as a wonderful solution to cell phone users causing accidents, it is still a distraction. Remember a driver’s main task is to drive safely. Those who multi-task while driving and try to use things like a fax and hunt up a map at the same time as talking are not driving optionally, even if both hands are free.

The accident statistics are high enough as it is without the added variation of hands free cell phone use causing collisions. It’s not that far fetched to think accidents will still happen as a great many people tend to slow down abruptly with no warning while they are driving and on the phone (hands free or not).

Anyone who has been the victim of a car collision where the other driver was at fault because they were on a cell phone, watching an electronic device, or using a map device needs to immediately call highly competent car crash attorneys, such as Lance and Laura Sharp at The Sharp Firm in Austin, Texas. “Once we are consulted on cases like this, we immediately go into action collecting the information we will need to either negotiate a settlement, or take the case to court,” explained Sharp.

To learn more visit http://www.sharpfirm.com.

Adviatech Corp. PR for The Sharp Firm
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017

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Tuesday, February 24th, 2009 Press Releases No Comments

The Contested Will and Breach of Fiduciary Duties

Contested wills happen when beneficiaries don’t like the provisions contained within a will. At this point, it’s time to call expert lawyers like Laura and Lance Sharp at The Sharp Law Firm in Austin, Texas.

It’s very important for those who wish to contest a will that they are aware that if they successfully manage to contest a will, it will be set aside. Once it is set aside a previous will is then considered to be the valid will and its provisions will dictate how the estate is divided. It would be a smart move to make sure the older will, if there is one in existence, is beneficial to those contesting the current will.

If there isn’t an older will, then the one that was set aside would be dealt with as if it were intestacy. This means the courts will then decide how things will be distributed. So unless there is some significant benefit to be had by contesting a will, which happens to be a long, involved and expensive process, then it may be a wise move to go with the current one.

Basically a contested will is a formal objection raised about how valid the will actually is, with the main objection usually being that it doesn’t reflect the real intent of the testator. This most often happens in cases where there are large estates and a lot of money or people involved. An executor is required to defend the deceased’s will.

Wills are contested on a variety of grounds that include the person who wrote the will was delusional, insane or subject to undue influence of some type. In instances where a will is contested, there are three kinds of people objecting – those named in the will, those who inherit if the will is invalid, and those who claim they should have been included in the will, but were prevented by someone who is in the will.

You need to give consideration to what may happen when the trustee doesn’t follow the wishes specifically outlined in the will. You also need to think about what might happen if Uncle Frank or Aunt Sally use the money for his or her own needs. If things like this happen, the people involved have breached a fiduciary duty to the trustee. This is the time to call an experienced lawyer such as Laura or Lance Sharp at The Sharp Firm.

Hiring a wills attorney with the kind of expertise that Lance or Laura Sharp of The Sharp Law Firm in Austin, Texas, possess ensures that a contested will case is handled with dignity and discretion.

To learn more visit http://www.sharpfirm.com.

Adviatech Corp. PR for The Sharp Firm
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017

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Tuesday, February 24th, 2009 Press Releases No Comments

Neglect at a Daycare Facility

Accidents do happen at daycare facilities, but the distinction between a true accident and one caused by neglect is often difficult to distinguish. This is where speaking to a top-notch daycare injury attorney will make all the difference in the world.

In this day and age, it is common for both parents to be working to keep food on the table and a roof over their heads. That’s a sign of the economic times in the 21st century, the recession that has hit Americans right where they live. In order for both parents to work, many of them make use of daycare services for their children.

On the whole, most daycare service providers do a fine job and nothing untoward happens to the children in their care. It’s a high demand job with those who work in the industry making a supreme effort to do their best to take care of the children. Generally speaking, a day at the daycare is a day the children like and enjoy, and a day that the parents aren’t concerned about the welfare of their children.

Parents stopping after work to pick up their children expect they will be fine, without any visible injuries (aside from a bump or bruise or two from playing on the monkey bars or slides). They don’t expect to get a call in the middle of the day telling them something happened to their child, something bad.

Unfortunately, accidents do happen, however accidents that are the result of neglect on the part of the daycare facility (or the daycare workers) are something entirely different and need the expertise of a qualified daycare injury attorney. If there is any lack of proper supervision or inattention by the daycare workers to their duties, disaster has a way of happening that may affect your child. For instance, a child falling into a pool while not properly supervised may drown. A little one playing with toys with removable parts may inhale or swallow a piece of the toy.

If you have recently had an incident take place at your child’s daycare that caused serious harm or injury to your child, make certain you immediately contact a competent daycare injury lawyer. The first consultation is free, and a lawyer with many years expertise in this area will assess your case. Taking the steps to deal with what may have been daycare neglect will hopefully stop it from ever happening again. Your daycare injury lawyer will ensure that you get a just settlement for your case from the courts.

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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Tuesday, February 24th, 2009 Articles No Comments

The Silent Crime Of Child Sexual Abuse

Far too often the hidden crime of child abuse goes on in front of us, and yet we do not really see it for what it is. It’s a crime no one wants to think about, let alone acknowledge, and it’s been with us for many years. In fact, doctors officially recognized abuse in 1961 and called it the battered child syndrome.

Child abuse is unfortunately far more rampant than we would like to believe. It is a crime that hits those who learn about it the hardest, for it violates something deeply personal in all of us. It is offensive, disturbing and heartbreaking for the damage it will cause youngsters. Child abuse, or suspected child abuse, in Texas must be reported. It is mandatory.

The law specifically states that anyone who has “cause to believe that a child’s physical or mental health or welfare may be affected by abuse or neglect” must report their suspicions or face up to 180 days in prison and/or a fine of up to $1,000. This crime must be reported to any law enforcement agency and to the Department of Protective and Regulatory Services.

While many people fear that if they report something like child sexual abuse they will be harassed for making such accusations, the law does protect them. Any highly qualified child sexual abuse attorney will immediately tell a concerned client that anyone who makes such a report is immune from civil or criminal liability, provided the report was made without malice and in good faith.

Reporting without malice simply means that the person was not intentionally trying to injure or violate the rights of another person. Anyone acting to protect a child they suspect is being abused (sexually, or otherwise) is protected for reporting this suspected abuse, if they went to the trouble to learn the facts about the suspected situation.

If you find yourself faced with a possible case of child sexual abuse and it is your child, this makes the situation highly volatile and delicate for all family members and relatives and the child in particular. This is one good reason to choose a child abuse attorney who has extensive experience in this area of the law. Compassion and empathy at a time like this are qualities that any distraught parent would want and need in good legal counsel.

While many people who find themselves in this shocking situation may think they are alone, they are not. The statistics on this type of crime are horrifying. For instance, it has been proven that 1 in every 4 girls and 1 in every 6 boys is abused before the age of 18. If you have Internet access in your home, you will be shocked to learn that 1 in 5 children are propositioned sexually while online. Sadly, there are as many as roughly 39 million survivors of child sexual abuse in America.

Child sexual abuse does not just take place outside the home. It lives and grows secretly within families as well. In fact, up to 40 percent of victims of sexual abuse were abused by a member of their family. Virtually 50 percent were abused by a trusted non-family member, so this means the remaining 10 percent of children abused are abused by strangers. If you are facing a distressing situation like this, immediately call a highly qualified sexual abuse attorney for a consultation. Your peace of mind and the future of your child depend on it.

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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Tuesday, February 24th, 2009 Articles No Comments

The Bigger the Truck, the Harder They Fall

Aside from the song that mentions 18-wheelers don’t stop on a dime, there is the well-known fact that if they’re not loaded correctly, they are apt to topple over with disastrous consequences.

Cargo aside, the weight of the truck without a load is at least 10,000 pounds or more, or it isn’t classified as a large truck. Rig drivers need to pay special attention to how their load is packed on and strapped down.

Any load on a semi is the responsibility of the driver - to make sure it gets from point A to point B - and in the process does not shift and either lose the load, jackknife or topple the load and truck with it. “Accidents like this usually have grave consequences,” outlined Lance Sharp of The Sharp Law Firm in Austin, Texas. Sharp would definitely know what he’s talking about, as he’s handled many of these cases during the years he has practiced law.

It’s not enough to just load and go. There are federal, state and even local rules and regulations that deal with acceptable weights of commercial vehicles. In many cities, there are even specially designated large truck routes, specifically designed to handle the weight of a fully loaded semi, such as 130 recently built around Austin. Vehicles that large play havoc with the asphalt.

“Weight, speed and time behind the wheel are just some of the factors we need to examine in a large truck accident,” explained Sharp. For that, an experienced attorney spends time researching gross commercial vehicle weights, gross combination weights, tire loads and axle weights. Illegally overloading can be the cause of some serious accidents, and it’s the job of the large truck accident attorney to get to the bottom of the details of the case.

While some people think it’s a waste of time to consult with a lawyer, as it is obvious they were in an accident, it’s not always so obvious what damages have been sustained. Damages and injuries go straight to the heart of a court case for personal injury and factors such as illegal overloading would pertain to liability.

When involved in a serious large truck accident, make sure a highly qualified attorney assesses the case, such as the attorneys at The Sharp Law Firm in Austin, Texas. It is one phone call that may change the lives of those involved.

To learn more visit http://www.sharpfirm.com.

Adviatech Corp. PR for The Sharp Firm
9280 Bay Plaza Blvd Suite 706
Tampa, FL 33619
1.813.600.3017

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Sunday, January 25th, 2009 Press Releases No Comments

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