Personal Injury

Articles related to Texas personal injury law, produced by our Dallas law firm, to help answer important questions you may have about personal injury in Texas.

6 Common Misunderstandings About Personal Injury

Personal injury law doesn’t work like you think. Learn the reality of how it works in this post.
If you’re like most people, you don’t go out of your way to learn personal injury law until it actually affects you.

What kind of person would research personal injury cases and law just for the fun of it?

Not too many people – that’s for sure.

So the reason you’re reading this is because you’re considering filing a personal injury claim.

Here’s some things to know before you do:

It’s Not as Stressful as You Think

Typically, when you think of “lawyers,” you think about courtrooms, impatient judges, and hostile defending attorneys that pepper you with misleading questions designed to make you look bad.

Like what you see on TV.

The truth? 90% of cases settle out of court. Some resolve over the phone with no in-person interaction at all.

Lawyers Don’t Cost That Much

You might think you can’t afford […]

By |February 4th, 2016|Categories: Personal Injury||0 Comments

Common Questions Defending Personal Injury Lawyers Ask

Preparation for any personal injury lawsuit is always key. Learn 12 questions defending personal injury lawyers are likely to ask.
So, your case ends up being one of the 10% or so that actually goes to trial. 90% settle out of court, but both sides can’t always reach an agreement without going to trial.

When that happens, the defense lawyer is going to have their chance to question you. This questioning period is called a “deposition,” which means you swear to tell the truth, and anything you say will be used as evidence.

Let me tell you up front: everyone’s terrified to do this at first. Don’t be alarmed if a number of anxious thoughts run through your head when you first learn you have to do this.

That’s completely normal. You’d be unusual if you didn’t experience this.

But you don’t have to worry because our experienced attorneys know how to help prepare you […]

By |January 22nd, 2016|Categories: Personal Injury||0 Comments

Does Texas Personal Injury Law Favor Victims or Insurers?

You or a loved one gets hurt. In Texas, it might be completely legal for the big insurer to screw you out of your money. But there is help.
Abraham Lincoln said in his famous Gettysburg Address:

“…that this nation, under God, shall have a new birth of freedom – and that government of the people, by the people, for the people, shall not perish from the earth.”

Well, our government’s certainly remained intact. So those words have held true.

But a government of, by, and for the people – that part certainly isn’t true at all times today.

States differ in how much protection they give insurers and consumers. In Texas, the scales are tipped in favor of the insurance companies:

For example, one guard at the Giddings State School won her worker’s compensation claim against the Texas Office of Risk Management. It took her 4 years to file and win her claim. But, Texas […]

By |January 8th, 2016|Categories: Personal Injury||0 Comments

How Do Laws Get Written in Favor of Insurance Companies?

Don’t be naive. Texas insurance companies have most of the power, and consumers don’t. Learn what you can do in this post.
You read the headline right. Texas state laws are written in favor of insurance companies. And they’re not there to help you, the consumer.

Aren’t we supposed to live in a country, according to the Gettysburg address,”…Of the people, by the people, for the people?”

Just take a look at some of these examples:

Texas is the Only State that Doesn’t Require Employers to Carry Worker’s Comp

Texas does not require employers to carry workers’ comp insurance or any private equivalent. This story at the Texas Tribune says that since 2003, a third of all the new jobs in the US have been created in Texas. So that’s the defense for the opposition to requiring worker’s comp.

But, Texas has led the nation in injuries for 7 of the 10 years from 2004-2014. […]

By |January 1st, 2016|Categories: Personal Injury||0 Comments

What If Your Employer Fires You After a Work Injury?

Fired with eerily short notice after you got injured at work? Here’s what to do if you suspect your employer of firing you for getting injured at work.
It’s a nightmare scenario: you get hurt on the job. Then mysteriously, you get fired not long after the injury.

You can’t be fired for an on-the-job injury. Your employer would have to be insane for telling you that’s the reason for your termination. (This is often referred to as “retaliatory discharge”) That’s because it would be easy to sue them if they said that.

But it’s easy for your employer to get around it. They could say you’re not meeting performance expectations. They could claim the company is experiencing financial difficulties. As long as they don’t explicitly fire you for one of the legally protected reasons, they can fire you if you are an “at-will” employee.

To be an “at-will” employee means the employer is […]

By |December 18th, 2015|Categories: Personal Injury||0 Comments

What Can You Do If You’re Injured at Work in Texas?

Texas is a unique state in many ways, including that we don’t require workers compensation for all employers. Here’s what to do if you’re hurt at work.
We’re “The Lone Star State” for many reasons. For a brief time, we were even our own nation.

And today, we’re alone in maybe not as good of a respect as others: our state is the only one that doesn’t require employers to carry workers’ compensation.

In many other states, if workers get hurt at work, for any reason (their own negligence or their employer’s), they can recover compensation for their injuries and lost time at work.

Worker’s Compensation Rarely Provides the Coverage You Need

Well, the system we have here in Texas is kind of a mess. So bear with me as I explain this.

First of all, certain employers do have to carry Worker’s Compensation:

Public employers (but not federal employers)
Construction contractors
Motorbus companies
Companies that operate vehicles over public […]

By |December 15th, 2015|Categories: Personal Injury||0 Comments

How Do You Know if Bad Faith Insurance Has Been Committed?

Make no mistake about it – insurers like to behave badly to get your money. Learn what to do if you suspect foul play.
Unfortunately – and this is the reality – Texas law favors insurance companies.

And not you.

And would you believe you have it comparatively good here in Texas? Over the years, the insurance industry has lobbied to ensure no federal agency oversees their industry’s actions. The authority currently only comes from the state level.

What Does “Bad Faith” Mean?

“Bad faith” is a technical legal term that simply means an insurance company denies or minimizes your claim with no reasonable basis. However, they can attempt to get away with this by claiming it was a mistake in their assessment process.

There is a counter to their deviousness, though. Texas is one state that allows you to seek punitive damages in “bad faith” insurance cases. That provides a financial incentive for insurance […]

By |December 11th, 2015|Categories: Personal Injury||0 Comments

5 Dirty Tactics Insurance Companies Use to Minimize Payouts

Injured? Be careful. Insurance companies are NOT on your side. Here’s what they’ll try to minimize or eliminate your payout entirely.
Don’t ever believe an insurance company is on your side. Not for a moment.

We talk about this in many of our blog posts and articles. Their employees get paid less money when they pay out more to you in claims. They get paid more money when they minimize your payout.

If they pay out too much to too many people, they get fired. It’s that simple.

While laws regulate what they can and cannot do, many are happy to exploit the law to their maximum advantage. Others will break the law outright, knowing that you don’t know what the law says.

Here’s what they might say or do – and what you can do to protect yourself:

Don’t Give Them a Recorded Statement

This is lawful for them to do. But, their goal is to […]

By |December 6th, 2015|Categories: Personal Injury||0 Comments

How to Negotiate with Insurance Claims Adjusters

You should avoid trying to negotiate with insurance companies on your own. But some cases require it. Here’s what to do if you’re in that situation.
Why on earth would we teach you how to negotiate with insurance claims adjusters?

Don’t we stand to make money by taking on your case?

Well, in some situations, the settlement amounts are so small lawyers’ fees would gobble up anything you stand to gain. And a rare few will do it themselves no matter how hard we try to convince them otherwise.

So, in those situations, here’s the guide to successfully negotiating with insurance claims adjusters:

Remember, They’re NOT on Your Side

Always operate with this belief in mind. You’ll get tempted to think otherwise because claims adjusters are some of the nicest people you’ll ever meet.

They’re nice because they know you’re more likely to be cooperative and pursue less money if they act that way.

But in reality, […]

By |December 4th, 2015|Categories: Personal Injury||0 Comments

Do Criminal Convictions Affect Civil Cases?

Criminal convictions impact the outcomes of civil cases big time. Learn how it works in this post.
Everyone remembers the OJ Simpson criminal case. He appeared to get away with the murders of his ex-wife, Nicole Brown, and Ron Goldman.

While justice probably wasn’t served in that case, Simpson eventually got what he deserved: a 33-year sentence for the conviction of kidnapping and armed robbery as he attempted to obtain sports memorabilia from collectibles dealers.

Even though he likely got away with murder, he later had to pay $25 million in punitive damages to the families of Nicole Brown and Ron Goldman. On top of that, they were also awarded $8.5 million in compensatory damages, for a grand total of $33.5 million. That’s the part of the story you don’t hear as much about.

Everyone believed Simpson was the real killer. And the civil case finally gave the victims’ families a sense of closure […]

By |November 30th, 2015|Categories: Personal Injury||0 Comments