If you have been injured in an auto accident, you can be compensated for emotional distress that rises to the level of “Mental Anguish”.
Emotional Distress (or mental anguish) is evaluated on a case by case basis. You would likely need to show that the nature, duration, and severity of the emotional distress/mental anguish substantially caused a disruption in your daily routine.
Thus, one would need to support an allegation of emotional distress/mental anguish with outside evidence, typically witnesses such as doctors and/or mental health professionals. Additionally, there is no set formula for a reward of emotional distress/mental anguish.
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Maida Law Firm – Auto Accident Attorneys of Houston
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Things to do and not do in your WORKERS’ COMPENSATION CASE
DO NOT give a recorded statement about your case to the insurance adjustor or anyone else.
If a nurse employed by the workers’ compensation carrier contacts you, DO NOT discuss your medical condition, employment,
employment prospects, personal life or anything else with him/her.
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Maida Law Firm – Auto Accident Attorneys of Houston
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One reason many people avoid filing claims for workers’ compensation is the fear they will lose their jobs. … The short answer is, no, your
employer cannot fire you merely because of your workers’ compensation claim. However, your employer can fire you while you have an open
workers’ compensation claim.
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Maida Law Firm – Auto Accident Attorneys of Houston
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Can I work while on workers’ compensation? The short answer is no.
Workers receive workers’ compensation benefits because they are
injured and unable to perform their usual job duties.
It is possible to receive Social Security disability and workers’ compensation benefits at
the same time.
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Maida Law Firm – Auto Accident Attorneys of Houston
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Workers’ comp does pay hospital and medical expenses that are necessary to diagnose and treat your injury.
But it also provides disability
payments while you are unable to work (typically, about two-thirds of your regular salary).
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How late is too late to file a claim? Generally, you have two years from the date of an injury to file a workers’ compensation claim.
If you fail to file a claim within two years, your claim will be barred by the Statute of Limitations.
Call an attorney as soon as you have an on the job injury.
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Maida Law Firm – Auto Accident Attorneys of Houston
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It may be tempting to act like things are worse than they really are; however, you should be honest about your condition, including any pain you
experience.
If you lie about your symptoms or exaggerate, you may lose credibility and damage your chances of obtaining workers’ comp
benefits.
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Maida Law Firm – Auto Accident Attorneys of Houston
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Most states have laws that make it illegal to fire an employee solely because the employee has suffered a workplace injury and filed a workers’
compensation claim.
However, an employee may be fired if the injury makes the employee unable to complete the employee’s essential job
responsibilities.
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Maida Law Firm – Auto Accident Attorneys of Houston
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You have the right to file a claim for your injury or illness in workers compensation court or the state industrial court.
You have the right to see a doctor and to pursue medical treatment. if you are released to return to work by your physician, you have the right to return to your job.
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The short answer is yes, you can be fired after a work injury. Sometimes employers can’t provide returning employees with their previous job
or pay.
In most cases, your employer is not required to continue your employment if you can’t return to your former job duties or if there isn’t
another suitable job available.
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In most truck accident cases the statute of limitations is two years from the date of the accident. But, it is best to contact an attorney as soon as possible following an accident. Many times it may be necessary to start preserving evidence from the scene of the truck accident or from the vehicles involved in the truck accident.
It may be necessary to hire an accident reconstruction expert to go to the scene right away and begin an investigation, take measurements, look for skid marks or gouge marks etc. Important pieces of evidence regarding vehicle safety standards and driver logs can quickly be lost or destroyed.
It is best if your truck accident attorney can get to work as soon as possible on your truck accident case.
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Maida Law Firm – Auto Accident Attorneys of Houston
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Often it becomes necessary to conduct thorough discovery through the litigation process to discover all of the potential parties that may be legally responsible for death, injuries or other damages caused by a truck accident.
In a truck accident case, the truck driver, transportation company, independent contractors, distribution companies or the owner of the truck may be liable. In other cases, the facility responsible for loading the truck, or even the entity responsible for the contents of the trailer can be held responsible as well.
Each case is unique, so the best way to determine who is at fault is by speaking with a truck accident lawyer. We offer free consultations to our potential clients.
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What you do in the days after a truck accident can make the difference between winning and losing your case.
The amount of your potential recovery may depend on taking the right steps immediately after the truck accident. it is best to contact an attorney as soon as possible following a truck accident. Many times it may be necessary to start preserving evidence from the scene of the truck accident or from the vehicles involved in the truck accident.
It may be necessary to hire an accident reconstruction expert to go to the scene right away and begin an investigation, take measurements, look for skid marks or gouge marks etc. Important pieces of evidence regarding vehicle safety standards and driver logs can quickly be lost or destroyed. It is best if your truck accident attorney can get to work as soon as possible on your truck accident case. You also want to make sure you go about obtaining the necessary medical treatment in a way that helps you get well and also helps you have the best chance to recover the full amount of your damages caused by the truck accident.
An experienced truck accident attorney can help you obtain medical treatment at no out of pocket expense to you. Never accept a settlement offer from an insurance carrier unless you have consulted with a truck accident lawyer.
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Do not speak with them about how the accident occurred and/or about your injuries.
Also, do not agree to make a recorded statement to the trucking company or their insurance carrier without a truck accident lawyer on your side. Do not sign any forms sent to you by the trucking company and their insurance carrier. Politely obtain the name and contact number of the person who called you and the name of who they work for.
Tell them you will have your truck accident lawyer call them back. The trucking companies and their insurance company adjusters and lawyers are not on your side and are very experienced in how to get you to say and do things that you may realize will hurt your case. We offer free consultations to our potential clients.
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Maida Law Firm – Auto Accident Attorneys of Houston
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What you do at the scene after a truck accident can make the difference between winning and losing your case.
The amount of your potential recovery may depend on taking the right steps after the truck accident.
If you’ve been involved in a truck accident, you’ll want to protect yourself both physically and legally. Here are the most important steps to be taken after a truck crash:
- Stay At the Scene Of the Collision
- Call 9-1-1 For Emergency Services
- Check Other Vehicle Passengers For Injuries if Possible
- Do Not Admit Fault
- Do not discuss the wreck with anyone except the police or your own insurance agent; you are not required to give a statement to the other driver’s insurance company.
- Take Photos, Capture Videos & Record Audio of Evidence
- Obtain Contact Information From Any Available Witnesses
- Exchange Contact Info, Insurance Details, Driver’s License # and Vehicle Info With Other Drivers
- Don’t Make Any Statements About the Crash
- it is best to contact an experienced truck accident attorney as soon as possible following a truck accident.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
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As the victim of a truck wreck, you have legal rights to compensation for your injuries. However, because trucking accidents often involve multiple responsible parties and insurance companies, obtaining that compensation can be a nightmare.
What you do immediately after a truck accident can make the difference between winning and losing your case. The amount of your potential recovery may depend on taking the right steps after the truck accident.
Without legal representation, you’re likely to be bullied out of a fair settlement. Trucking companies will typically have unlimited resources, including teams of lawyers to fight against any lawsuit you may file as a result of an accident—regardless of how injured you are.
If you have been hit by a tractor trailer or large commercial vehicle, the best way to protect yourself is to contact an experienced truck crash attorney who will defend your rights and ensure that you are fairly compensated.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
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There are many ways in which a Commercial Vehicle Drive may be found to be negligent.
Negligence occurs when there is a failure to exercise reasonable care in one’s actions, and as a result, someone is injured or damaged. For a commercial vehicle driver to be found negligent, it would need to be proven that the driver:
- Owed a duty of ordinary care
- Breached that duty of ordinary care
- The breach of that duty of care caused injury or harm to another
- The harm caused financial losses
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Maida Law Firm – Auto Accident Attorneys of Houston
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Commercial trucks are required to uphold federal compliance for maintenance standards and it’s the Federal Motor Carrier Safety Administration that regulates commercial truck safety.
Nonetheless, common carriers can and do sometimes evade or ignore federal law in order to save money, and as a result, accidents involving truck maintenance issues occur.
Some common maintenance issues that affect trucking safety and collisions include:
- Tires
- Brakes
- Headlights
- Steering
- Tow Hitch Defects
- Lack of Inspections
- Unsecured Loads
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Maida Law Firm – Auto Accident Attorneys of Houston
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Semi-trucks, buses, delivery vans, tractor-trailers and fuel trucks are among the most common commercial vehicles involved in truck accident lawsuits.
Parties that have been injured as a result of a big rig collision will often file a claim and begin a lawsuit alleging that negligence occurred on the part of the truck driver and / or company and caused the collision and injuries.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
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If you’ve been injured in a big rig collision or similar type of trucking accident, you may be entitled to compensation for medical bills, lost wages, lost future earning potential, pain and suffering and more.
What you do immediately after a truck accident can make the difference between winning and losing your case. The amount of your potential recovery may depend on taking the right steps after the truck accident. One of the first steps is obtaining the medical treatment you may need to treat and document your injuries and medical damages.
An experienced truck accident attorney can provide you with access to medical treatment at no out of pocket expenses to you. You may also need to preserve any evidence both from the scene of the collision and also evidence in the possession of the trucking company or its driver, such as driver’s logs, employment records, driver training policies and procedures, etc.
Your truck accident lawyer will guide you through the process and make sure the correct steps are taken to protect and maximize your claim. If necessary, a lawsuit may be necessary. You are compensated for your damages when a winning settlement or verdict is reached in your case.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
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As a Houston truck accident attorney, I defended trucking companies and companies that allowed their trucks to be out on the road.
I know exactly what they are looking for to deny claims or to pay big money. There are all sorts of things that trucking companies do to hide essential details and information from an individual Houston truck accident attorney who doesn’t know what to look for.
Much of that has to do with logbooks that are kept, maintenance records, proper safety training for the drivers, proper sleep and other things that could help prevent an accident.
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Maida Law Firm – Auto Accident Attorneys of Houston
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When truck drivers don’t have the requisite training to safely maneuver their vehicle in dangerous conditions, they and their employers can become liable for injuries to victims of these major accidents.
Houston truck accident attorney Sam Maida Jr. has decades of experience investigating and prosecuting claims against careless or negligently-trained tractor-trailer drivers and the companies that hire them.
He will be the dedicated and aggressive Houston truck accident lawyer you need on your side after suffering injuries in a Houston, Texas truck accident.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
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Tractor-trailer jackknife accidents are a common cause of large truck injury accidents.
Jackknife accidents can happen when the powered front wheels of a large truck or 18-wheeler lock up, but the rear wheels of the trailer continue traveling forward toward the front of the truck.
This can cause the truck driver to lose control of the vehicle, and in some cases can result in the semi-truck or big rig rolling over if the truck is traveling at a high rate of speed at the time that it jackknifes.
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I think people need to file an accident report, whether it be with an 18-wheeler accident or a car accident.
It is very important to establish that an accident happened and have the police officers, thoroughly investigate the accident. I am finding more and more people are not reporting car accidents and 18-wheeler accidents thinking that they can handle it themselves, and exchange the proper information.
What our Houston truck accident attorney is finding is most of the insurance companies and corporations are denying to pay for any kind of property damage or personal injury because there wasn’t an official source out there to investigate the accident properly. It is very important to file a report every time.
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One of the biggest things is to show that the person who works for them is, in fact, actually working for them and not an independent contractor.
If you can establish that they, were not properly trained or didn’t get adequate rest or the vehicle was not properly maintained. These are all the types of things the trucking companies are required to do before they put their vehicles out on the road. Some other things that cause these truck accidents are the tires are in bad shape, underinflated, or other issues with the tires.
They may also have air brakes that are not properly maintained and need to be replaced. One of the biggest problems is these vehicles need a great deal of distance compared to a normal automobile to stop and get under control. The visibility on these vehicles are also extremely difficult and dangerous for the public.
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Maida Law Firm – Auto Accident Attorneys of Houston
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The difference in the legal process is you are dealing usually with big companies that can have their own adjustors on a case, or they can have outside insurance adjusters.
A lot of times these big companies monitor what is paid out on a claim because they have what’s called the “self-insured retention” were the first bits of money, maybe $50,000.00, $100,000.00, or $1 million.
This comes out of their own pocket before any insurance money is paid out. These cases are closely scrutinized and these companies are not going to pay any money unless a Houston truck accident lawyer knows exactly what you are doing.
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The laws governing truck accident claims are very similar to people who are driving cars.
The major differences are that in trucking accidents, it is very important to have a Houston truck accident lawyer who understands how to win these cases.
Most companies are required to keep a log with the truck, which includes proper maintenance of the vehicle. Individual truckers and companies must have proper logbooks, training for drivers, which includes the various things they are carrying on their rigs or trailers.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
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When truck drivers don’t have the requisite training to safely maneuver their vehicle in dangerous conditions, they and their employers can become liable for injuries to victims of these major accidents. Truck drivers and trucking companies have a much higher standard of care that they are expected to follow than other drivers on the road. Although the laws governing truck accident claims are very similar to people who are driving cars, there are many state and federal guidelines that they must follow.
Truck drivers and trucking companies must follow much stricter guidelines and safety protocols. Truck drivers are regulated by what is called the Federal Motor Carrier Safety Regulations. Many truck drivers and trucking companies regularly fail to follow these regulations. This is a huge problem for the trucking company and finding out what violations were made can make a big difference in a trucking case. Having an experienced truck accident lawyer in your truck accident case is critical. Many car accident lawyers are not experienced in handling truck accident cases. In trucking accidents, it is very important to have a Houston truck accident lawyer who understands how to win these cases.
The experienced truck accident lawyer knows what is expected of the trucking company drivers and their employers and can find out if the trucking company may be responsible for hiring an unsafe truck driver who caused your trucking accident.
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Call Today 713-785-9484
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Tractor-trailer jackknife accidents are a common cause of large truck injury accidents. Jackknife accidents can happen when the powered front wheels of a large truck or 18-wheeler lock up, but the rear wheels of the trailer continue traveling forward toward the front of the truck. This can cause the truck driver to lose control of the vehicle, and in some cases can result in the semi-truck or big rig rolling over if the truck is traveling at a high rate of speed at the time that it jackknifes.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
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Yes. A police report should always be filed whether it involves an 18-wheeler accident, trucking accident or even an ordinary auto accident. It is very important to establish that an accident happened and have the police officers, thoroughly investigate the accident. It is a mistake to not report an 18-wheeler accident, trucking accident or car accident. and just exchange information. This Filing an official police report will help your Houston truck accident attorney in holding the truck driver and trucking company responsible in your case and give your Houston truck accident attorney a good starting point in helping you with your case. This also allows for the proper documentation of the facts surrounding the trucking accident and the names and contact information of potential witnesses. The insurance companies and corporations are often denying to pay for any kind of property damage or personal injury because where there wasn’t an official source out there to investigate the accident properly. It is very important to file a report every time.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
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Truck drivers and trucking companies have a much higher standard of care that they are expected to follow than other drivers on the road. Although the laws governing truck accident claims are very similar to people who are driving cars, there are many state and federal guidelines that they must follow. Truck drivers and trucking companies must follow much stricter guidelines and safety protocols. Truck drivers are regulated by what is called the Federal Motor Carrier Safety Regulations. One of the biggest things is to show is that the truck driver and trucking company failed to strictly follow state and federal regulations. For example, if you can establish that the driver’s driving experience and history was not adequately investigated during the hiring process, was not properly trained or didn’t get adequate rest or the vehicle was not properly maintained.
These are just a few of the types of things the trucking companies are required to do before they put their vehicles out on the road. Some other things that cause these truck accidents are the tires are in bad shape, underinflated, or other issues with the tires. They may also have air brakes that are not properly maintained and need to be replaced. One of the biggest problems is these vehicles need a great deal of distance compared to a normal automobile to stop and get under control. The visibility on these vehicles are also extremely difficult and dangerous for the public. An experienced trucking accident lawyer knows what to look for and how to uncover dangerous and irresponsible truck drivers and trucking companies.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Truck drivers and trucking companies have a much higher standard of care that they are expected to follow than other drivers on the road. Although the laws governing truck accident claims are very similar to people who are driving cars, there are many state and federal guidelines that they must follow. Truck drivers and trucking companies must follow much stricter guidelines and safety protocols. Truck drivers are regulated by what is called the Federal Motor Carrier Safety Regulations. Many truck drivers and trucking companies regularly fail to follow these regulations. This is a huge problem for the trucking company and finding out what violations were made can make a big difference in a trucking case. Having an experienced truck accident lawyer in your truck accident case is critical. Many car accident lawyers are not experienced in handling truck accident cases. In trucking accidents, it is very important to have a Houston truck accident lawyer who understands how to win these cases. The experienced truck accident lawyer knows what is expected of the trucking company drivers and their employers and can find out if the trucking company may be responsible for hiring an unsafe truck driver who caused your trucking accident.
We Offer a Free Consultation!
Call Today 713-785-9484
Hablamos español. Consultas gratis.
Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Truck drivers and trucking companies have a much higher standard of care that they are expected to follow than other drivers on the road. Although the laws governing truck accident claims are very similar to people who are driving cars, there are many state and federal guidelines that they must follow. Truck drivers and trucking companies must follow much stricter guidelines and safety protocols. Truck drivers are regulated by what is called the Federal Motor Carrier Safety Regulations. Having an experienced truck accident lawyer in your truck accident case is critical. Many car accident lawyers are not experienced in handling truck accident cases. In trucking accidents, it is very important to have a Houston truck accident lawyer who understands how to win these cases. The experienced truck accident lawyer knows what is expected of the trucking company drivers and their employers and can find out if the trucking company may be responsible for hiring an unsafe truck driver who caused your trucking accident.
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Call Today 713-785-9484
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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Yes, you could but the insurance company is usually not the correct party that you should sue. It’s highly recommended NOT to do so as insurance companies are notorious for offering extremely low settlements and even denying claims. People who have never studied the law are not prepared to fight against an insurance company. Simply researching laws in Texas won’t instantly make you a schooled person of the law. The court will expect you to know every bit as much as a lawyer would know and they will hold you accountable for your case. And the insurance companies know this is where they can take advantage of you. Consulting with a qualified Houston car accident lawyer is typically in your best interest.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
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Regardless of where you live, your state has laws that govern how long you have to file a legal claim. This law is called the statute of limitations. If you don’t file your claim within this window, your claim will be barred forever. This means you’ll lose your chance of recovering from the defendant. Since the statute of limitations is different for each different type of claim, it’s a good idea to have an experienced car accident lawyer in Texas handle your claim. We know the law. We’ll make sure your claim is filed in time. This way, you preserve your right to collect damages.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Regardless of where you live, your state has laws that govern how long you have to file a legal claim. This law is called the statute of limitations. If you don’t file your claim within this window, your claim will be barred forever. This means you’ll lose your chance of recovering from the defendant. Since the statute of limitations is different for each different type of claim, it’s a good idea to have an experienced car accident lawyer in Texas handle your claim. We know the law. We’ll make sure your claim is filed in time. This way, you preserve your right to collect damages.
We Offer a Free Consultation!
Call Today 713-785-9484
Hablamos español. Consultas gratis.
Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
One of the main reasons that car accident victims decide not to call an attorney is concern that they cannot afford it. However, car accident injury attorneys don’t charge any up front or exorbitant hourly fees like you might see on TV shows or movies. Car accident victims deserve to receive money for their injuries and other damages, not pay money to attorneys. For this reason, we handle car accident cases on a contingency fee basis so we only get paid if we are able to recover money damages from the other side or their insurance company.
We Offer a Free Consultation!
Call Today 713-785-9484
Hablamos español. Consultas gratis.
Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Determining the value of your case can be complicated. What you do from the very first day or days after you are in a car accident can make the difference in how much your settlement may be and how successfully your case can be won. Experienced car accident attorneys know what needs to be done from the very beginning and what not to do. This is especially true in cases that involve serious injuries or questions about liability.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Determining whether you have a case can be tricky and often depends on what steps you take immediately after a car accident. First, you must have sustained pain or injury as a result of the car accident. This means seeing a doctor right away. Often, pain and/or injuries don’t appear until a couple or even several days after a car accident. How significant your injuries are and how you go about treating them is a critical factor. The goal in every car accident case should be to do everything possible to get as well as possible and to also go about it in a way that helps maximize the amount of recovery in your case.
An experienced car or truck accident attorney can help arrange medical treatment at no out of pocket expenses to you to help you diagnose and treat any possible injuries. Other factors that are important in determining if you have a case are who was legally responsible for the car accident, how well you secure the evidence necessary to prove liability and what type of insurance coverages apply and/or whether there is any commercial liability. Finally, it is important that you do not speak with an insurance adjuster, defense lawyer or other representative of the person who hit you without a lawyer to protect your rights. The insurance companies and their representatives are experienced at handling claims and are not looking out for your interests. They can and will do everything possible to avoid or minimize your claim.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Determining the value of your case can be complicated. What you do from the very first day or days after you are in an accident can make the difference in how much your settlement may be and how successfully your case can be won. Experienced auto accident attorneys know what needs to be done from the very beginning and what not to do. This is especially true in cases that involve serious injuries or questions about liability.
We Offer a Free Consultation!
Call Today 713-785-9484
Hablamos español. Consultas gratis.
Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Many people think that lawyers are expensive and that they are better off just handling their car accident claim on their own. What they don’t realize is that car accident claims can be surprisingly complicated, and that many injured victims end up with much less than they deserved because of improperly handled claims. What you do from the very first day or days after you are in an accident can make the difference in how successfully your case can be won. Experienced auto accident attorneys know what needs to be done from the very beginning and what not to do. This is especially true in cases that involve serious injuries or questions about liability.
We Offer a Free Consultation!
Call Today 713-785-9484
Hablamos español. Consultas gratis.
Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
One of the main reasons that car accident victims decide not to call an attorney is concern that they cannot afford it. However, personal injury attorneys don’t charge any up front or exorbitant hourly fees like you might see on TV shows or movies. Car accident victims deserve to receive money for their injuries and other damages, not pay money to attorneys. For this reason, we handle car accident cases on a contingency fee basis so we only get paid if we are able to recover money damages from the other side or their insurance company.
We Offer a Free Consultation!
Call Today 713-785-9484
Hablamos español. Consultas gratis.
Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Many people think that lawyers are expensive and that they are better off just handling their car accident claim on their own. What they don’t realize is that car accident claims can be surprisingly complicated, and that many injured victims end up with much less than they deserved because of improperly handled claims. What you do from the very first day or days after you are in an accident can make the difference in how successfully your case can be won. Experienced auto accident attorneys know what needs to be done from the very beginning and what not to do. This is especially true in cases that involve serious injuries or questions about liability.
We Offer a Free Consultation!
Call Today 713-785-9484
Hablamos español. Consultas gratis.
Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
There is no substitute for experience and the recommendations of former clients. Check their reviews to see what others have had to say about the law firm. An experienced personal injury lawyer can best advocate for your legal rights if you’ve been hurt in an accident at work or in daily life, have suffered from medical malpractice, or are struggling to have your insurance carrier cover your needs. When looking for a personal injury lawyer, research their reviews and make sure former clients have had good experiences with them. Next, make sure the personal injury lawyer has experience and proven success winning cases similar to yours. Confirm that the lawyer is licensed to provide services in your state. Most lawyers offer a free consultation to learn what your case is about and explain what you need to do next to preserve your legal rights. Unlike many attorneys who require an up front, out of pocket retainer, personal injury lawyers usually work on a contingency fee basis. This means that in lieu of payment upfront, they only get paid if they are able to obtain a recovery for you in your case as a percentage of the settlement in case of a win.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
A personal injury lawyer represents injury victims who have sustained physical, psychological and/or economic damages caused by the negligent or intentional conduct of a third party. A personal injury lawyer fights on your behalf if you’ve been injured to help you obtain the medical treatment necessary to heal as quickly as possible and to protect and obtain the maximum amount of money damages available to you as a result of the injuries. The injuries may are often the result of an auto or truck accident caused by the negligence of another driver, or by malicious intent of another person such as an assault, or it could be at the hands of a business, government or other entity. Personal injury lawyers specialize in tort law, which is the law of civil wrongs like car accidents, truck accidents, or company wrongdoing.
To become qualified to be a personal injury lawyer in the United States, a person must earn a bachelor’s degree, followed by a Doctor of Jurisprudence degree from an accredited law school and then must pass the bar exam to become licensed to practice law. Unlike many attorneys who require an up front, out of pocket retainer, personal injury lawyers usually work on a contingency fee basis. This means that in lieu of payment upfront, they only get paid if they are able to obtain a recovery for you in your case as a percentage of the settlement in case of a win.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
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Houston law enforcement officers regularly arrive at the scene of crashes.
An officer should always try to identify if one or more drivers violated the law, such as intoxication. The police should arrest and charge a drunk driver for DWI.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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The amount you get for pain and suffering depends on many variable factors.
Pain and suffering damage is what is called a non-economic damage. If you are injured in an accident Houston or anywhere in the state of Texas, you are entitled to recover for non-economic damages such as pain and suffering, mental anguish, physical disfigurement, physical impairment and loss of consortium.
How much you get for these damages depends heavily on how well you develop and prove your damages. An experienced auto accident attorney can assist you with this evaluation and make sure you get the most money allowable under Texas law.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
The amount you get for pain and suffering depends on many variable factors.
Pain and suffering damage is what is called a non-economic damage. If you are injured in an accident Houston or anywhere in the state of Texas, you are entitled to recover for non-economic damages such as pain and suffering, mental anguish, physical disfigurement, physical impairment and loss of consortium.
How much you get for these damages depends heavily on how well you develop and prove your damages. An experienced auto accident attorney can assist you with this evaluation and make sure you get the most money allowable under Texas law.
We Offer a Free Consultation!
Call Today 713-785-9484
Hablamos español. Consultas gratis.
Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Emotional damages are sometimes referred to as mental anguish.
Mental anguish damage is what is called a non-economic damage. If you are injured in an accident Houston or anywhere in the state of Texas, you are entitled to recover for non-economic damages such as pain and suffering, mental anguish (emotional distress), physical disfigurement, physical impairment and loss of consortium.
How much you get for these types of damages depends heavily on how well you develop and prove your damages. An experienced auto accident attorney can assist you with this evaluation and make sure you get the most money allowable under Texas law.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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To win any emotional distress claim, you always need to show that the person you are suing (the “defendant”) did something that caused the distress.
In an intentional infliction of emotional distress claim, for example, you need to show that the defendant engaged in “extreme” and “outrageous” conduct.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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Learn the Five Signs that may mean someone is in emotional pain and might need help:
- Personality Change. Their personality changes.
- They seem uncharacteristically angry, anxious, agitated, or moody.
- They withdraw or isolate themselves from other people.
- Poor Self-Care.
- Hopelessness
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
https://www.google.com/maps?cid=18112661580470118985
Even when a physical injury isn’t sustained, those involved may be left with post-traumatic stress disorder or PTSD after a car accident. …
When someone is left with a psychological problem such as anxiety due to an accident that wasn’t their fault, they may wish to make a personal injury claim for compensation.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
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Even when a car crash doesn’t cause injury, significant property damage can be a huge burden for accident victims.
When this is the case, those involved often wonder if they can file a lawsuit for those damages alone. …
As such, filing a lawsuit is not usually appropriate when a crash only caused property damage.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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Because only one car is involved in a single–vehicle accident, the driver is almost always considered to be at fault for the accident. But there are a few exceptions
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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In most cases, the driver who caused an accident while hydroplaning is at fault.
While some vehicle collisions are caused by a lack of visibility due to pouring rain or blinding snow, many foul weather accidents are caused by hydroplaning
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
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The short answer is yes, you can be sued for more than your coverage provides.
You have an agreement with your insurer that they will cover damages up to the limit of your insurance.
The Plaintiff is not bound by the coverage limits. Your insurer has a duty to take your interests over its own.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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Yes. The amount of a person’s injuries does not depend on the amount of visible car damage created as a result of the accident.
Many people have suffered significant injuries in accidents with little or no visible auto damage. Vehicles are designed to withstand violent impacts. Your body is not.
If you have been injured in an auto accident, consult an experienced auto accident attorney to assist you with your claim and protect your claim. An experienced auto accident attorney should be able to help you obtain medical treatment for your injuries at no out of pocket cost to you.
Is a weather related accident at fault?In most cases of weather-related accidents, the driver at fault can be held liable.
This is because the driver could have acted to prevent the accident. Driver’s still have a duty to act reasonably under the circumstances, even in bad weather.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
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The amount you get for pain and suffering depends on many variable factors.
Pain and suffering damage is what is called a non-economic damage.
If you are injured in an accident Houston or anywhere in the state of Texas, you are entitled to recover for non-economic damages such as pain and suffering, mental anguish, physical disfigurement, physical impairment and loss of consortium.
How much you get for these damages depends heavily on how well you develop and prove your damages. An experienced auto accident attorney can assist you with this evaluation and make sure you get the most money allowable under Texas law.
We Offer a Free Consultation!
Call Today 713-785-9484
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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No! And an experienced auto accident attorney can also help you obtain necessary medical treatment right away and with no upfront or out of pocket expenses.
People sometimes believe that they’re unable to afford help from a Houston car accident lawyer, so they won’t seek out answers from an experienced auto accident attorney and accept unreasonably low offers from the deceptive insurance companies.
This should never be the case! Auto accident attorneys usually work on a contingency fee basis so you do not get charged by the hour or incur any fees or case expenses out of your own pocket.
This means auto accident attorneys only get paid if there is a money recovery and the attorney’s fees are paid by the person who hit you from any recovery in your case.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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Regardless of where you live, your state has laws that govern how long you have to file a legal claim.
In Texas, the law that governs how long you have to file your lawsuit is called the statute of limitations. Sometimes, there are other actions and notices that must be taken even sooner in order to preserve your right to bring a claim or lawsuit.
If you fail to take the appropriate actions, your accident claim will be barred forever and you will lose your chance of recovering from the defendant.
Since the situation can be different for each different type of claim, it’s a good idea to have an experienced car accident lawyer in Texas handle your claim and preserve your right to collect for your damages.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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If any property damage or injuries occurred in a crash, Texas law requires all drivers involved to stop and remain at the scene until they have rendered necessary aid and exchanged information.
In the time following a crash, each driver should exchange his or her name and address, vehicle registration number, driver’s license information and insurance information.
Other rights and responsibilities will vary depending on the facts of each case.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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Determining the value of your case can be complicated.
A lot depends on what you do in the days, weeks or even months following your auto accident injury and how you go about handling the case.
There are almost 250,000 car accidents in Texas every year according to the Texas Department of Transportation. About 7% of these are considered serious, leaving their victims with severe injuries.
If you or your loved one suffer serious injuries in your crash, you may require the help of an auto accident attorney to help with access to medical treatment. If the other driver is at fault, their insurance company should cover these medical bills.
But how much is your case worth aside from medical bills? Your Houston car accident lawyer can help you calculate your damages and also explain what things go into determining your case’s value.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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https://www.google.com/maps?cid=18112661580470118985
Determining the value of your case can be complicated.
A lot depends on what you do in the days, weeks or even months following your auto accident injury and how you go about handling the case. There are almost 250,000 car accidents in Texas every year according to the Texas Department of Transportation.
About 7% of these are considered serious, leaving their victims with severe injuries. If you or your loved one suffer serious injuries in your crash, you may require the help of an auto accident attorney to help with access to medical treatment.
If the other driver is at fault, their insurance company should cover these medical bills. But how much is your case worth aside from medical bills? Your Houston car accident lawyer can help you calculate your damages and also explain what things go into determining your case’s value.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
(713) 785-9484
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Auto accident attorneys usually work on a contingency fee basis so you do not get charged by the hour or incur any fees or case expenses out of your own pocket.
This means auto accident attorneys only get paid if there is a money recovery and the attorney’s fees are paid by the person who hit you from any recovery in your case.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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Anytime you are injured in a car accident, it is a good idea to consult with a qualified personal injury lawyer.
Most personal injury attorneys offer free consultations, so you should always seek out the advice of an experienced lawyer before making decisions about your case.
Auto accident attorneys usually work on a contingency fee basis so they only get paid if there is a money recovery and they can help you receive the medical treatment you may need at no out of pocket costs to you.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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You are not required to hire a lawyer after a car accident that was not your fault.
However, you if there was any property damages or injuries involved , you should notify your insurance company about the auto accident and request a defense. If a lawyer is necessary, your insurance company should provide you with a lawyer to defend you.
If liability is uncertain, contacting an experienced auto accident lawyer may help you get compensation for which you are eligible, and avoid liability for the crash.
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Maida Law Firm – Auto Accident Attorneys of Houston
8313 Southwest Freeway #102
Houston,TX,77074
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An auto insurance settlement is a negotiation between you, the injured party and the at-fault party, represented by the insurance company.
The steps you take immediately after a collision may dramatically impact the value of your claim. Before you begin any type of negotiation with the insurance company, you must know the value of your claim.
It is advisable to contact a Texas Personal Injury Attorney to assist you in valuing and resolving your claims. It is not generally advisable to accept the first offer you get from the insurance company.
Remember that the insurance claims’ adjuster does not work for you and does not have your best interests in mind when negotiating a claim. An adjuster’s job is to settle the case quickly and for the least amount of money as possible.
As with any injury, your health insurance should provide coverage for any treatment you obtain, within and consistent with your health insurance policy language.
If someone else is at fault for the collision, your health insurance is not generally the primary insurance company to provide coverage. Many health insurance companies maintain a right of reimbursement or a subjugation interest to recoup the money they pay toward your treatment, when there is another responsible party for your injuries.
You should consult with a Texas Personal Injury attorney to ensure that your interests are protected.
A car accident can be both a civil and a criminal action.
The injuries which result from a car accident, and someone’s negligence, is a civil cause of action. If an individual is cited for any violations of the law at the time of the collision, those actions are criminal in nature.
If you have personal injury protection coverage and/or medical payments coverage on your policy, then your medical bills may also be covered to the extent of your limits.
Texas is an at-fault state; meaning, the party who caused the accident is responsible for the damages which ensue.
If you are at-fault in a collision and you have insurance, your bodily injury coverage will cover any damages to the person/people you injured as a result of the auto accident, to the extent of the limits of your policy.
Similarly, your property damage coverage will cover the damage to another person’s property caused by the collision. If you have collision coverage under your insurance policy, then the damage to your vehicle will also be covered, to the extent of the limits of coverage you maintain.
If you have personal injury protection coverage and/or medical payments coverage on your policy, then your medical bills may also be covered to the extent of your limits.
If you have pain following a collision, it is advisable to see a doctor as soon as possible.
Urgent care facilities will see patients who have been injured in an auto accident. If you are unsure whether you should go to an urgent care, always err on the side of caution and go get checked out.
Many injuries from a car accident can initially seem minor, but once the adrenaline leaves your system, the pain can be more severe than you thought. Proper medical attention should be sought right away after an auto accident in order to properly treat and document your injuries.
Injury from a motor vehicle collision can and often does result from even the most minor of collisions.
Soreness is a common symptom, which may be indicative of injury. A person may be sore following a collision for the extent of time your body needs to heal that injury. Some people recover quickly, while others experience long-term pain, which can become a life-time struggle.
Proper medical attention should be sought right away after an auto accident in order to properly treat and document your injuries.
Negligence is defined in Texas as failing to do what an ordinary prudent person would have done under same or similar circumstances.
Therefore, although an accident may be evidence of negligence, you would still need to demonstrate how the other driver failed to act as an ordinary or prudent person would have acted under similar circumstances.
Pain and suffering is a damage that is totally subjective, and would depend on the facts of the case.
Recovery for pain and suffering from a car accident largely depends upon what steps are immediately taken to preserve evidence and properly develop your case.
Factors that would be considered are the extent of the injuries, how much and what type of medical treatment was required and the duration of your injuries, the affect and disruption it had on your quality of life, and the lasting psychological effects that the you may be experiencing.
If you have been injured in an auto accident, you can be compensated for emotional distress that rises to the level of “Mental Anguish”.
Emotional Distress (or mental anguish) is evaluated on a case by case basis. You would likely need to show that the nature, duration, and severity of the emotional distress/mental anguish substantially caused a disruption in your daily routine.
Thus, one would need to support an allegation of emotional distress/mental anguish with outside evidence, typically witnesses such as doctors and/or mental health professionals. Additionally, there is no set formula for a reward of emotional distress/mental anguish.
There is no set amount for pain and suffering. This type of damage is usually subjective and recovering for pain and suffering may depend on what steps you take immediately after a car accident to develop and preserve this evidence.
In order to prove pain and suffering to a jury, one would have to produce strong evidence of past as well as persistent pain and disruption in their life.
Recovery from a car accident depends upon the facts of the case, and what steps are immediately taken to preserve evidence and properly develop your case. Each case is different.
For example, the manner and type of medical treatment you receive is a significant factor to your case and how much money you may receive.
Other factors that would be evaluated are the extent of the injuries, the amount of attributable fault on each driver, the amount of damages such as medical bills and lost wages, and the amount of any future compensation.
In every car wreck, time is of the essence. Developing your case properly and gathering reports, facts, and investigating the matter thoroughly is paramount in preparing and evaluating your case.
The manner and type of medical treatment you receive is a significant factor to your case. Once the evidence and medical treatment have been properly developed by an experienced auto accident attorney, a thorough evaluation can be made and a demand may be sent to the insurance adjuster.
Another avenue of recovery would be litigation and/or a trial, where evidence is produced to a jury and a case is argued before them. It would then be up to a jury to award an amount of compensation.
If you have been injured in an auto accident, you can be compensated for anxiety that rises to the level of “Mental Anguish”.
Anxiety (or mental anguish) is evaluated on a case by case basis. You would likely need to show that the nature, duration, and severity of the mental anguish substantially caused a disruption in your daily routine.
Thus, one would need to support an allegation of mental anguish with outside evidence, typically witnesses such as doctors and/or mental health professionals. Additionally, there is no set formula for a reward of mental anguish.
Whiplash!
Probably the most well known car accident injury is whiplash.
Sudden movement of the head and neck (such as from a rear-end collision) can cause serious neck muscle and ligament damage.
Whiplash injuries can differ from person to person, depending on the accident and the health of the person involved in it.
After an accident the driver responsible for causing the accident is legally responsible for paying damages such as medical bills.
However, insurance companies won’t usually pay for ongoing or future medical treatment in advance.
In other words, they won’t give you money to go see a doctor without you agreeing to “settle” your case.
Don’t do it! An experienced auto accident attorney can usually assist you with obtaining access to medical treatment right away at no out of pocket costs to you.
Every car accident is different so the answer varies. But, in most cases it is important to preserve the evidence right away such as getting the contact information for any witnesses, taking photos of the auto accident damages, the scene of the collision if possible and any visible injuries.
It is also very important to treat your injuries and not miss any scheduled medical treatment appointments.
An experienced auto accident attorney can assist you with obtaining any medical treatment you may need at no out of pocket costs to you.
Depending on the type of injuries involved, injuries often don’t appear until several days or even weeks after an accident.
Injuries to the spine such as back and neck injuries often do not appear right away and can get worse over time.
Regardless of the type of injuries, it is important to start medical treatment as soon after a car accident as possible to both treat and document your injuries.
An accident injury is sometimes known as an auto accident injury. Auto accident injuries are rarely caused by accident.
It is usually the result someone’s carelessness or failure to follow the applicable traffic laws.
If you have sustained an accident injury it is important to speak with an experienced auto accident attorney right away and before speaking with an insurance adjuster in order to protect your rights.
If you have been injured in an auto accident check for injuries and call 911 or the police to come investigate the accident and write a report. Watch what you say as it will be important in the investigation as to the cause of the collision and the injuries involved.
Make sure you exchange insurance and identification information. Take pictures of the auto damage, the scene of the collision and any visible injuries involved. Seek immediate medical attention.
Do not speak with the insurance companies without first speaking with an experienced auto accident attorney who routinely handles these auto accident claims and can protect your rights.
If you have been injured in a motor vehicle accident, you may be entitled to medical treatment and money damages such as loss of earnings, pain and suffering, mental anguish, physical impairment, physical disfigurement and more.
What you do in the moments immediately after being injured may make the difference between winning and losing your insurance claim.
First, report the accident to the police if they did not attend the accident. get the event number of the accident from the police. Seek medical attention right away. Do not speak with the insurance companies without first speaking with an attorney who routinely handles auto accident claims and can protect your rights.
For any serious or life-threatening injury or even minor injury you receive from a car accident, you should always go to the emergency room or urgent care facility for treatment.
Even if you don’t feel like the injury is serious, you want to treat and document the injury as soon as possible so the insurance company does not question its validity.
Often, injuries can hide under the adrenaline that is pumping through your body after an accident, so you should make a visit to urgent care even if you don’t feel like you absolutely need to.