Jun 8, 2021
| By Anthony Milano
| Read Time: 2 minutes
Is it too late for you to claim an injury for your car accident case? The general rule is: the longer you wait to seek medical treatment after a car accident, the more difficult it will be to prove your injuries. The rationale for this view is twofold: (1) if you’re really hurt, why didn’t you see a doctor immediately; and (2) how do we know that your injury was caused by the accident since so much time has passed. There are four main reasons why you want to seek medical treatment as soon as possible following a car accident: Document your injury: When presenting to a healthcare provider soon after an accident, they will document your injury with what you tell them; they will perform diagnostic testing such as x-rays, MRI’s, CT scans, or labs; and all this information will be put into your medical records. This will act as objective proof that an injury exists and the likely cause of that injury. Causation: As mentioned above, seeking medical treatment temporally as close to the accident as possible will help to overcome questions of causation in your case. In car accident injury cases, you must prove “negligence.” To prove “negligence,” you must show: (1) “the existence of a legal duty, (2) a breach of that duty, (3) and damages, (4) proximately caused by the breach.” Rodriguez–Escobar v. Goss, 392 S.W.3d 109, 113 (Tex. 2013). This basically means you need to prove that the responsible driver’s carelessness caused your injuries. When you don’t quickly seek medical treatment, insurance adjusters and juries begin to doubt the source of the injury was related to the accident. Mitigate your damages: the law bestows a duty on all aggrieved parties—the duty to mitigate your damages—to avoid making your injuries worse by neglecting your injuries. The responsible party will not be liable for any harm that you caused yourself by avoiding seeking medical attention. Validity: Seeking medical care immediately after an accident bolsters your injury claim and substantiates its validity. In other words, it makes it seem less likely that you may be “faking” it. Of course, there are several reasons people don’t see a doctor immediately following a car accident, all of which are reasonable. You may not immediately feel that you are injured or injured enough to go to the emergency room. You may not have health insurance or any money to pay for healthcare. Indeed, these are all valid reasons. However, it’s best to get advice from a car accident lawyer prior to communicating with the insurance company, especially if you’ve failed to get little or any medical treatment since the accident. We’ve had clients not seek treatment for months after a car accident and still received compensation. But, it will definitely present significant challenges in your case and your compensation will likely be greatly reduced. You can typically justify days or even weeks why you never sought medical treatment after your accident, but months become increasingly more difficult to explain away. Do yourself a favor—if you think you may be injured, seek medical treatment immediately and avoid any problems with your health and your case!
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Jun 7, 2021
| By 1p21.admin
| Read Time: 2 minutes
Selecting the right car seat and securing it properly are critical to keeping your child safe in a vehicle. Not only will a car seat help protect your child in an accident, but they are also mandated by Texas law. What are Texas’s Car Seat Laws? Any child who is younger than eight years old must ride in a child passenger safety seat system when traveling in a motor vehicle. The only exception is if the child is taller than 4 feet, 9 inches. An approved child passenger safety seat system is one that is in accordance with the Federal Motor Vehicle Safety Standards, and is: Appropriate for the size and weight of the child; and Installed within and attached safely and securely to the motor vehicle, either: In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or, In another manner that is approved by the National Highway Traffic Safety Administration. Car Seat Recommendations by Age The Texas Department of Transportation (TxDOT) specifies the following seat recommendations by age, in order to keep children safe in vehicles: All Children: Keep children in the back seat for as long as possible, or at least until age 12. It’s always the safest way to ride. Birth – 1 Year Old: Infants should be seated in a rear-facing car seat until they reach the seat manufacturer’s height and weight limits, typically around age one. 1 – 3 Years Old: Children should continue using a rear-facing car seat for as long as possible. Then a child can use a forward-facing car seat with a harness until the child has reached the seat manufacturer’s height and weight limits, which could be anywhere from 65 to 90 pounds. 4 – 8 Years Old: After outgrowing the car seat with a harness, children can use a booster seat that raises them, so the car’s seat belt fits correctly and until they’ve grown tall enough, which is typically around 4 feet 9 inches. 8 – 12 Years Old: Once they fit correctly, children must wear a seatbelt. The lap belt should lie across the thighs, not the stomach. Additionally, the shoulder belt should not come across the face or neck. Seat Belt Tips: Children sitting in booster seats designed for shoulder belts should not use only a lap belt. At no time should items such as books, towels, or pillows be used to boost a child. Shoulder belts should always lie across the chest and never behind a person’s arm or back since it will eliminate any protection for the upper body in an accident. Get Assistance with Installing and Inspecting Your Car Seat The National Highway Traffic Safety Administration maintains a directory of inspection stations that can connect you to a certified technician in your area. The certified technician will perform a car seat inspection for free and will demonstrate how to install and use your car seat correctly. Have You Been Involved in a Car Accident? If you or someone you love has been involved in a severe car accident, speak to a skilled Houston car accident lawyer who can help. We offer free consultations.
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Jun 4, 2021
| By 1p21.admin
| Read Time: 2 minutes
Many recreational activities are inherently dangerous and require a signed liability waiver before you can participate in them. Under Texas law, signing a personal injury liability waiver generally releases another party from being held legally responsible for an injury or damage that the first party sustains. In other words, if you sign a liability waiver and get injured due to an unforeseen risk, you cannot sue the company for compensation. Types of Activities that Require a Waiver Some of the most common activities that require a person to sign or agree to a waiver of liability include: Skydiving Bungee jumping Equipment rentals Snowboarding and skiing Amusement parks Concerts Gyms Vehicle rentals Major sporting events Boat rentals Unguided tours Cruise ships Hunting tours Spas treatments Medical care (non-emergency situations) I Signed a Liability Waiver, Can I Still Sue? If you signed a waiver prior to participating in an activity and you were injured, some circumstances may allow you to still sue the company. If your injury was the result of gross negligence or you were fraudulently induced to sign the waiver, you may be able to pursue a claim. Gross Negligence: refers to the willful disregard for participant or customer safety. For example, a company is aware of a potential hazard but does not take action to fix or mitigate the risk of an injury. If your injury was due to a company’s ordinary negligence, the liability waiver may prevent you from suing the company. Ordinary Negligence: refers to the risks or unsafe conditions that can arise even if a company or property owner is attempting to keep the premises reasonably safe—for example, broken equipment, misinformation, improper maintenance, etc. However, if you suffer an injury resulting from engaging in the activity in an unauthorized manner or during the normal course of participation, the waiver is much more likely to be found valid. Do I Have To Sign a Waiver? Yes, if you want to participate in the activity or rent the equipment, the company will typically require you to sign the liability waiver. However, the choice is still yours. Make sure to read every word of the release carefully before signing so you know exactly what rights you may be giving up. Only sign if you agree and fully understand the terms of the contract. What To Do if You Have Been Injured but Signed A Waiver The best thing you can do if you are injured but have signed a liability waiver is to speak to a Houston personal injury lawyer. Having an attorney evaluate your accident will be your best option if you want to be fairly compensated. There are distinct factors that render a liability waiver unenforceable. They understand these types of contracts and can help you prove liability. We Can Help Contact Milano Legal Group to work with a team that understands these personal injury liability waivers and can help you prove the agreement to be unenforceable. Call us today at (713) 489-4270 or message us online to schedule your free consultation.
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