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.
Telecommuters suffer workplace injuries too – but do employers have to cover them with worker’s comp?
A construction worker falls off some poorly built scaffolding. He breaks his leg and severely sprains his ankle. A truck driver at a work site hits another worker. He’s bruised and battered, but thankfully he’ll be okay.
You work at a computer from home all day. Your wrists hurt too badly to keep typing. Or your back is too sore to sit in an office chair, so you need to see the doctor.
Everyone thinks of construction site injuries as one of the most common types of worker’s compensation injuries.
But what about the growing telecommuting force?
This chart shows 1.8 million people telecommuted to work in 2005. That number doubled to slightly more than 3.6 million in 2014, accounting for 2.5% of our nation’s total workforce.
And that trend’s expected to grow explosively over the next 10 years.
So there’s […]
In any potential personal injury situation, the defendant may be able to use an “assumption of risk” defense. Learn what it is and how it works.
It’s easy to think that, based on what you see on the news and investigative reporting, most personal injury suits are frivolous.
The truth? Some certainly are. That’s just a fraction though.
But most aren’t. Again, the media distorts our reality.
Legally, there is a defense the other party can use called “the assumption of risk.”
This means that if you “knew, or should have known” something was dangerous or wrong, you can’t recover money for your injuries.
So let’s say you’re at your friend’s house in the winter, and you decide it’s a good idea to sled off the roof into a snow bank. You can’t sue them if you break an arm. Or if you go hiking together and you severely sprain your ankle, you can’t sue them […]
What happens when both you and your family member, or multiple family members, get injured in a car accident? Can you all have the same lawyer?
You and your family member both receive injuries in a car accident.
Can a personal injury lawyer represent both of you?
Most likely, yes.
But, some exceptions exist.
Check out why and what they could be.
The Biggest Problem: A Conflict of Interest
Legally, a “conflict of interest” happens when a lawyer represents one client, but that could harm the interests of another client. It could happen in a car accident case where either you or your family member had partial fault for your injuries.
Another situation where this could happen is when not enough money’s available to compensate both you and your family member for your injuries. For example, if the vehicle that caused the accident had 2 passengers in it that were also injured and only $60,000.00 was available to compensate […]
Workers’ comp gets tricky and confusing. Learn which kinds of injuries are and are not covered in this post.
You’re at work at your construction job. A truck driver backs over your foot. That’s an obvious work-related injury. Workers’ comp has to cover it.
Now, let’s say you’re getting depressed. The people you work with aren’t the nicest human beings. Fights and arguments are common where you work. You don’t like what you do all that much.
Does worker’s compensation cover your depression?
Workers’ Compensation Covers Injuries that Happen on the Job
Not all on-the-job injuries are covered by workers’ compensation (more on that in a second), but most are. Generally, if you’re doing something related to your employment, and you get injured, you should be covered by workers’ compensation.
Anything at your physical workplace should be covered. If you’re injured while traveling for work, or if you’re at a conference, or you run to the […]
You won your lawsuit, but will you actually receive your check? Find out how the process of collecting money after the judgment works.
90% of injury cases settle without going to trial, but if yours does involve litigation, here’s how the money is collected.
After months, maybe even years, of long and hard work, you’ve finally won your lawsuit. So when’s your check going to come?
It’d be great if you got it as soon as possible. But remember, your personal injury lawyer has processes to go through yet.
Let me explain how it works:
First, The Defendant Must Let Their Right to Appeal Pass
After the verdict, the defendant has 30 days to file an appeal. Appeals rarely happen, so you don’t have to worry about them. But it is their legal right. So it may take at least another 30 days before you get your check.
Will the Debtor File Bankruptcy?
Many times, […]
You’ve heard of lawyers called “ambulance chasers.” But can they actually engage in that behavior? Learn the truth in this post.
Have you ever heard someone call a personal injury lawyer an “ambulance chaser?”
We personal injury lawyers don’t take very kindly to this joke!
Kidding… we have a laugh at it too. You can’t take yourself too seriously, you know.
And besides, the way some lawyers work, the crude nickname is earned.
But do some lawyers have a way of doing this? Can they “chase ambulances” and literally hunt their next client down?
Legal Ethics Bar Anything Like this from Happening
The American Bar Association (ABA) has created “Model Rules for Professional Conduct.”
These rules strictly guide how lawyers can solicit clients. You can read the strict professional language regulating this behavior at the ABA’s website.
And if you want the simple version, we’ll kept it short and sweet for you:
Lawyers can’t use real-time electronic contact, the telephone, […]
Good attorneys fight big insurance companies that attempt to bully injured victims. Learn how skilled lawyers stand their ground.
Insurance companies are big. They’re bad. They don’t care.
Sometimes they can be reasonable. But many times they’re not. It’s no different than the big bully that harasses all the other kids on the playground.
Make no mistake about it. Insurance companies do throw their weight around when possible.
It’s one of the reasons you shouldn’t negotiate with them on your own. They might even threaten to appeal any verdict you might obtain.
For example, they might say, ”This is our final offer. Take it or leave it. If you don’t accept, sue us. Even if you win at trial we will appeal any verdict.”
They have lots of money. They know how the legal game works. You don’t.
Need I say more?
What do Experienced Personal Injury Attorneys do to stand up to these bullies?
They Do Thorough Legal […]
How much will a skilled personal injury lawyer charge you? Can you even afford one? Aren’t lawyers expensive? Find out in this post.
Can you afford a personal injury lawyer? Hint: if you can’t, the lawyer you’re considering isn’t charging you the customary type of fee for their services.
The practice of charging a “contingency fee” in personal injury cases actually goes back centuries to England. The standard for most personal injury lawyers since then has been 33 1/3% – paid after you win your case.
Even though most lawyers charge a contingency fee of 33 1/3%, there are a few other differences you’ll bump into as you talk to personal injury lawyers.
It’s very important to ask your lawyer precisely how they charge. And if you run into any evasive answers, or if you encounter some of the situations below, you should immediately thank them for their time and go on with your day. […]
The web is loaded with legal news. Where can you find some of the top personal injury headlines and information? Check out this list:
HG.org – Great for Everything Personal Injury, Or Any Other Legal Topic for that Matter
This link takes you to their personal injury section, which covers just about every aspect of personal injury possible. Note that they often use the more formal term, “tort” to refer to personal injury. It’s great if you want to know about any other area of law too. Go there now
American Bar Association – Good for Basics
Who better for good legal information than the American Bar Association? They’re also keen enough to write in simple, understandable language, rather than “lawyer speak.” This link takes you to their personal injury section, with many answers to common questions. Check it out
Negotiating a Settlement Without a Lawyer?
Do you have one of those cases that’s too small […]
Personal injury claims aren’t always easy to prove. But they can be – especially if you collect plenty of evidence. Find out what to do in this post.
Fault is the main point of disagreement in just about every personal injury case.
If the defending party can show you were at least partially responsible for your injuries, or that they’re not responsible at all, that reduces what they have to pay, and hopefully gets them down to zero (from their perspective).
So, it’s important for you to show that the other party was 100% responsible for your injuries.
Did you know that process begins the moment you’re injured?
Yes, you have some responsibility for proving fault too.
Here’s how it works:
You Can’t Take Enough Notes Or Photos
The moment you’re injured, photograph the scene of the accident thoroughly with your smartphone. If you can’t do it, have someone else at the scene do it for you. People […]