Personal Injury

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 […]

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 […]

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 […]

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

How Personal Injury Lawyers Write Persuasive Demand Letters

The demand letter begins your negotiation process. Learn how personal injury lawyers write demand letters that get you max compensation.
You’ve been injured. You’ve hired a competent Dallas personal injury lawyer.

Good, now most of the process from here is on the lawyer.

Once you have concluded treatment and the full extent of your injuries is known your lawyer will write a demand letter to the at-fault party and/or the insurance carrier for the at-fault party.

A demand letter is just like it sounds: you state your case as to why the defending party owes you money, and you tell them how much they owe you.

Now it’s important to remember that this letter simply starts the negotiation process. There will always be back-and-forth arguing, and usually a compromise. If no compromise happens, then your case goes to court.

It should be noted that roughly 90% of cases settle out of court because it costs more […]

By |November 19th, 2015|Categories: Personal Injury||0 Comments

4 Reasons a Personal Injury Lawyer May Not Take Your Case

Your case may not be one a personal injury lawyer can take on. Learn about some of those cases in this post.
You may have to talk to a few personal injury lawyers before you find the right one. But remember, it’s a mutual decision that should fit both parties.

You should like your lawyer and be confident they can win your claim. And your lawyer should feel confident they can win your case too.

But, some personal injury lawyers might say “no.” You can ask them why – and realize it’s nothing personal.

Here are some reasons why a personal injury lawyer may not take your case:

They Have a High Caseload in the Next Several Months

It’s only fair, right? Your claim should get the maximum attention it deserves. Well, some lawyers are busy because they have great reputations. So, they may not be able to investigate all aspects of your claim and […]

By |November 9th, 2015|Categories: Personal Injury||0 Comments

When Can Pedestrians Recover Compensation for Injuries?

A car hits you as you cross through an intersection. Can you get money for that? Find the answer in this post.
Pedestrian injuries, overall, are falling. But they’re on the rise in one respect: distracted walking.

Can you guess what’s distracting them?

No, it’s not the beautiful woman or handsome young man across the street.

You probably got it, though – smartphones. Texting, talking on the phone, e-mailing, listening to music, watching videos, or whatever it happens to be.

Smartphones are super cool and handy – there’s no doubt about that. But as a whole, we’re letting them get a little too much of our attention.

Ohio State did some research, and found that cell-phone-related pedestrian injuries more than doubled from 750 to 1,500 from 2005 to 2010.

And note that smartphone use has increased significantly since 2010. So those numbers are likely higher today.

Fault Gets Complicated in Pedestrian Accidents

Now if you’re on your […]

By |November 5th, 2015|Categories: Personal Injury||0 Comments

What is an Intentional Tort?

In personal injury law, there’s such a thing as an intentional tort. Learn what one is and how it affects you in this post.
When you think of most personal injury cases, you think of negligent, careless, or reckless behavior. The individual doesn’t intend to harm someone, but because they acted in an unreasonable way that most people wouldn’t, another person gets hurt.

So they bear at least some level of responsibility for any injuries that result.

With intentional tort, the alleged wrongdoer intended to commit harm to someone else. For example, someone says some nasty words to you in a bar. They then physically hit you when you step outside to chat with some friends.

They intended to roll up their hand into a fist, punch you, and cause harm to you.

No doubt that’s intentional.

Two Kinds of Intentional Tort

There are two kinds of intentional tort: specific and general. In the case just discussed, […]

By |November 2nd, 2015|Categories: Personal Injury||0 Comments