personal injury lawyer button on keyboard with judges gavel

Everything You Need To Know About Hiring A Houston Personal Injury Attorney After being injured in an accident, victims often find themselves in serious pain, unable to work, and drowning in debt. Fortunately, if you’ve been injured in an accident caused by the negligence of another person or entity, you may be eligible for significant financial compensation. However, if you wish to seek compensation for your injuries, you shouldn’t do so without the assistance of an experienced Houston personal injury lawyer. Our knowledgeable attorneys at Milano Legal Group are here to help you obtain the financial compensation you deserve for your Houston personal injury. When you become our client, regardless of the type of accident that caused your injury, our experienced lawyers will do everything possible to see your case through to a successful conclusion. In addition, if you’ve lost a family member due to an accident involving negligence, we will help you pursue a wrongful death lawsuit against the responsible party.  In this Houston personal injury lawyer guide, we discuss personal injury cases in Texas and explain how to find an accident injury attorney that is right for you.  Types of Personal Injury Cases  A Houston personal injury attorney can represent you in a variety of personal injury cases, including:  Bicycle accidents Although riding a bicycle is a convenient alternative to driving a motor vehicle, taking public transportation, or walking, it can also be quite dangerous. Unfortunately, cyclists’ relative lack of protection means they tend to sustain serious injuries when involved in accidents with motorists.  Distracted driving accidents Distracted driving is more of a problem today than it has ever been. According to the Centers for Disease Control and Prevention, more than 400,000 people were injured  in crashes involving a distracted driver in 2019 alone. Drunk driving accidents It is no surprise that driving while under the influence of alcohol or drugs is a bad idea. Drunk driving kills around 10,000 people every year in the United States. Those who survive their accidents are often left with life-changing injuries.  Motorcycle accidents Like bicycles, motorcycles are a great alternative to passenger vehicles. However, bikers involved in accidents with motor vehicles tend to suffer serious injuries, especially when traveling at high speeds. In fact, hundreds of bikers are killed each year in Texas.  Pedestrian accidents According to data from the Texas Department of Transportation, annual pedestrian deaths in Texas sometimes outnumber motorcycle crash deaths. Many pedestrians who survive their accidents sustain life-altering injuries.  Truck accidents Semi-trucks pose serious risks to other vehicles due to their size and power. The results of a commercial truck colliding with a smaller vehicle are nearly always catastrophic.  Wrongful death When someone dies as a result of someone else’s negligence, the deceased’s family members may be able to file a wrongful death lawsuit. Family members of the deceased can obtain financial compensation for the loss of their loved one by filing a wrongful death claim.  How a Personal Injury Lawyer Can Help You A Houston personal injury lawyer can help you obtain financial compensation for your injuries, regardless of the type of accident you’ve been involved in or the injury you have suffered. The personal injury process can be broadly separated into the following three stages: (1) investigation and demand, (2) litigation, and (3) financial recovery. When you hire a personal injury lawyer to assist you, they will guide you through each of these stages:  Investigation and Demand  During the initial stage of your case, your lawyer will collect as much information as possible about your accident. Based on this information, they will then make a monetary demand on the defendant or the defendant’s insurer. If this demand results in a fair settlement offer, your accident injury attorney will take the necessary steps to ensure that you receive the agreed-upon amount. However, if the defendant makes you a lowball offer or declines to settle your case, your attorney will proceed to the next step.  Litigation Next, your attorney will draw on their knowledge, skill, and experience to handle all aspects of the litigation process on your behalf. Common litigation tasks include filing paperwork, conducting discovery, and collecting evidence. If your case fails to settle during the litigation stage, your accident attorney will take your case to trial.  Financial Recovery  Finally, whether you settle your case or win at trial, your accident lawyer will make sure you receive the money you are owed, which may entail filing post-trial motions to collect the court judgment, coordinating payment through the defendant’s insurer, or taking other necessary measures.  What to Look for in a Personal Injury Attorney  When you hire the right accident attorney, your chances of a successful outcome in your Houston personal injury case increase dramatically. You should do the following to find an attorney who will provide you with the best chance of success:  Choose an attorney who focuses primarily on personal injury law: Although this may seem obvious, the accident injury attorney you select should primarily practice personal injury law. Each type of practice area is highly specialized, and attorneys usually only focus their practice in a handful of areas. So, for example, when choosing a Houston personal injury attorney, you shouldn’t hire an attorney whose primary focus is divorce law. Choose a Houston personal injury lawyer who has ample experience handling cases like yours: Not only should the attorney you choose practice personal injury law, but they should have tried similar cases to yours. For example, if you were injured in a pedestrian accident, you should hire an attorney who has previously handled pedestrian accident cases.  Choose an attorney who is willing to take your case to trial: Although most personal injury cases settle before trial, if yours is a rare case that doesn’t, you’ll need an accident lawyer with sufficient trial experience. Choose an attorney with a track record of success: No lawyer should ever guarantee a specific outcome to your case. However, attorneys are free to share their previous achievements with you. So,…

Below you will learn tips and secrets GEICO adjusters don’t want you to know in order to maximize your bodily injury settlement, including answers to frequently asked questions regarding GEICO car accident settlements. Overview of GEICO Claims GEICO, part of the holding company, Berkshire Hathaway, is the second largest property and casualty insurance company in the U.S (by direct premiums written). With GEICO’s unique business model, by initially only insuring the lowest risk drivers and operating without insurance agents, it has proved to be Warren Buffet’s best investment. GEICO was once a better insurance company to deal with as an auto accident victim. Their adjusters had more settlement authority, and their average settlements were much higher. However, over the last 25 years, GEICO, and many other insurance companies, have streamlined their claims process. They’ve adopted the use of claims software to calculate “reasonable and customary” medical bills as well as placing a dollar figure on the pain and suffering element of a bodily injury claim. The results: severely undervalued settlement offers and a host of future motor vehicle accident litigation. So, how can you avoid your claim from being one of GEICO’s many severely undervalued claims or have your case subject to several years of potential litigation in the congested court dockets? The following 10 tips will help you avoid being just another undervalued claim in the endless stack of claims on a GEICO claims adjuster desk: 1. Refuse the Recorded Statement If GEICO is the at-fault party’s insurance company, you should NEVER give them a recorded statement. You certainly are not required to give one. Don’t let them make you think it’s required for your claim to be valid. Many times, GEICO adjusters will say—without a recorded statement they will not be able to determine liability, which will leave you in a waiting game. If they are taking their time with liability because their insured isn’t cooperating, it’s time to call a lawyer. Pro Tip: You can always run your property damage through your own carrier’s collision coverage or uninsured property damage coverage (if hit by an uninsured driver or a victim of a hit-and-run). Your own carrier will usually treat you better and will try to recover your deductible from the at-fault party’s insurance company. 2. Get Medical Treatment Immediately There are three very important reasons to get medical treatment immediately after your accident: Maximize Your Damages “Damages” are what determine your case value. In most cases, the largest part of an auto accident injury case is the amount of your medical bills. So, it’s crucial that you receive reasonable and necessary medical treatment, as well as document and present these bills to the insurance company. Go to the emergency room or urgent care if you feel like you need to. Also, if you feel it’s necessary, go by ambulance to the emergency room. This may be even better for your case. Of course, don’t go only to fraudulently run up your medical bills. Insurance companies are not stupid. They are very good at knowing whether you’re faking your injuries. Legitimize Your Injuries Doesn’t it make sense that if someone is injured they want to see a doctor as soon as possible? Sure, it does. And the opposite is also true. Seeing a doctor immediately will legitimize your injury before the GEICO adjuster. Of course, there are valid reasons why auto accident victims do not immediately see a doctor after their accident (e.g., no health insurance, don’t immediately feel pain, etc.). These need to be carefully explained to the adjuster. Mitigate Your Damages The law places a burden on the injured party to avoid making their damages even worse by neglecting their injuries. A defendant is not responsible for damages that could have been avoided by the injured party. This means GEICO can use the fact that you didn’t immediately seek medical treatment and made your condition worse against you. 3. Don’t Let the GEICO Adjuster Minimize Your Injuries GEICO adjusters are skilled at minimizing your injuries. They’ll ask you questions in a way to have you second guess your injuries and categorize them as only soft tissue injuries that will heal in a few weeks. A very common way to minimize your injuries is when the adjuster tells the auto accident victim that they will only pay for a few weeks of treatment and that they are on your own after that. Don’t believe them! If you are really injured, you should be getting reasonable and necessary medical treatment until you have reached maximum medical improvement. Adjusters are not doctors. They can’t diagnose your condition. 4. Don’t Agree to Anything Without First Consulting with a Lawyer I know this may sound self-interested but if you don’t hire a car accident lawyer from the start of your claim, you will almost certainly be putting yourself at a disadvantage in your case. There are studies that show auto accident victims that are represented by a lawyer get 40% more of a settlement than without one. In our own experience when clients tried to initially handle their cases on their own then hire us to take over, we see the offers previously extended by GEICO are significantly less than what we were able to ultimately settled these cases for. It just makes economic sense even considering the fact that your personal injury lawyer will receive a portion of your settlement as attorney’s fees. Also, keep in mind: personal injury lawyers don’t charge any fees up front. So, you’ll never need to pay out of your own pocket for representation. It’s a win-win. 5. Don’t Ever Agree to GEICO’s First Offer GEICO’s first offer is never their best offer and will most likely be a lowball offer. You should always negotiate your case with the GEICO adjuster. Start off high. Don’t paint yourself into a corner by starting the negotiations off too low. For example, if you want to settle your bodily injury claim for $20,000, don’t start your demand at…

collision with commercial semi truck

Herhangi bir trafik kazası, ufak da olsa, zaten yeteri kadar stresli ve ürkütücüdür. Ancak, bir tır veya 18-wheeler gibi büyük ticari araçların karıştığı kazalar çok daha korkunçtur. Bu tür kazalar genellikle tırın büyüklüğü ve bazı durumlarda yükünün ağırlığı nedeniyle çok kötü sonuçlara yol açabilir. Size veya sevdiğiniz birine bir tır veya 18-wheeler gibi büyük bir araç çarparsa, sonrasında ne yapacağınızı bilmek önemlidir. Kazadan Hemen Sonra Yapılması Gerekenler Bir tır veya 18-wheeler gibi büyük ticari araçların karıştığı kazalarla ilgili hukuki danışmanlık almak öncelikle sağlığınız için en iyisi olmakla beraber aynı zamanda sigorta şirketi nezdindeki tazminat taleplerinizle ilgili olarak da en iyi sonuçları almanıza yardımcı olur. ÖNCELİKLE İYİ VE GÜVENDE OLDUĞUNUZDAN EMİN OLUN VE DERHAL 9-1-1’I ARAYIN En önemli önceliğiniz sizin sağlığınız ve güvenliğinizdir. Öncelikle güvende olduğunuzdan emin olun ve ardından 9-1-1’i arayın. Müdahale ekipleri gelene kadar aracınızda kalın. Güvenli bir konumda bulunmuyorsanız, güvende olabileceğiniz alana doğru hareket etmeye çalışın. Araçta sizden başka kişiler var ise onların sağlık durumlarını da kontrol edin. Eğer yaralılarsa onları hareket ettirmemeye çalışın ve ilk müdahale ekiplerini bekleyin. DİĞER SÜRÜCÜ İLE BİLGİ / BELGE ALIŞVERİŞİNDE BULUNUN Size çarpan ticari aracın sürücüsü ve çalıştığı şirket hakkında aşağıdaki bilgiler dahil olmak üzere her türlü bilgiyi edinin: Kazaya karışan kişilerin adı, adresi ve telefon numarası Sigorta bilgileri ve poliçe numarası Araç tescil kartı Tır şoförünün çalıştığı şirketin adı, adresi ve telefon numarası Tırın markası, modeli, yılı, rengi ve plakası VIN numarası. Genellikle sol alt ön camda ve/veya sürücü kapısının iç tarafındadır. Eğer yukarıdaki bilgileri alamadan acilen hastaneye sevk edilirseniz, olay yerine gelen polis memurları, yukarıda belirtilen bilgileri alacak ve bu bilgileri içeren bir kaza raporu hazırlayacaktır. Dolayısıyla, kaza raporunu teslim aldığınızda yukarıdaki bilgilere de vakıf olacaksınız. KAZA MAHALLİNE DAİR HER TÜRLÜ DETAYI NOT EDİN Kazanın tam yerini, sokak adlarını ve adresi ve ayrıca tanıklar var ise her birinin iletişim bilgilerini not alın. Fiziksel olarak yapabiliyorsanız, aşağıdakilerin fotoğraflarını çekin: Her yönden ve açıdan kaza mahalli ve çevresi Yoldaki herhangi bir patinaj izi Kazaya karışan her araç ve bu araçlarda meydana gelen hasarlar Tır şoförünün ehliyeti Yaralarınız. Eğer araç içi kameranız varsa, tüm video çekimlerini kaydettiğinden emin olun. Tüm bu bilgiler, kazadaki sorumluluğun karşı tarafa ait olduğunu kanıtlarken ve tazminat taleplerinizde size çok yardımcı olacaktır. HİÇ VAKİT KAYBETMEDEN 18-WHEELER KAZALARI KONUSUNDA TECRÜBELİ BİR KAZA AVUKATIYLA İLETİŞİME GEÇİN Tır ve 18-wheeler kazaları konusunda deneyimli bir kaza avukatından hiç vakit kaybetmeden ücretsiz danışmanlık alın. Tecrübeli bir kaza avukatı size sonraki adımlar ve kaza neticesinde uğradığınız tedavi masrafları, araç hasarı, maaş/ücret kaybı ve diğer tüm zararlarınızın karşılığı olan maksimum tazminatı almanız için yol gösterecektir. Neden Tır veya 18-Wheeler gibi Büyük Ticari Araçların Yol Açtığı Trafik Kazaları Sıklıkla Olur? Tır veya 18-wheeler araç kazalarına neden olan en yaygın ve kanuna aykırı eylemler şunlardır: Yola Dikkatini Vermemek: Araç kullanırken cep telefonuyla konuşmak, mesajlaşmak, yemek / içmek, TV izlemek veya internette gezinmek gibi. Şoförün Uzun Saatler Yolda Olması: Bir tır şoförünün uzun saatler yolda olması onun uykulu olmasına, dikkatsiz bir şekilde araç kullanmasına ve hatta direksiyon başında uyuyakalmasına bile sebep olabilir. Kusurlu Araç Kullanımı: Şoförün yoldayken uyuşturucu veya alkol kullanması ihtimalinde agresif veya güvensiz sürüş manevraları veya hız sınırı aşımları söz konusu olabilir. Aracın Gerekli Bakımlarının Yapılmamış Olması: Özellikle tır veya 18-wheeler gibi ticari araçların bir yolculuğa başlamadan önce römorklarının ve araçtaki tüm parçalarının düzgün ve güvenli bir şekilde çalışıyor olduğundan emin olunmalıdır. Römorkun aşırı yüklenmesi, uygun olmayan bağlantı elemanları, havası sönmüş lastikler, kırık aynalar ve diğer eksik araç bakımları çok büyük kazalara neden olabilir. Yetersiz Eğitimli Sürücüler veya Deneyim Eksikliği. Şirketler, kamyon sürücülerini işe alırken ihmalkâr davranabilirler. Bir başka deyişle, şoförlerin sürüş geçmişleri araştırılmadan, yasaklı madde kullanımına dair gerekli testler yapılmadan ve iyi bir sürüş eğitimi verilmeden işe alınan sürücüler büyük kazalara sebebiyet verebilir. 18-Wheeler Kazaları Konusunda Deneyimli Bir Kaza Avukatı ile Görüşün Siz veya sevdiğiniz biri tır veya 18-wheeler gibi bir araç ile kazaya karışırsa yasal tazminat hakkınız olabilir. Bu tarz kazalar konusunda deneyimli Milano Legal Group Kaza Avukatları ile iletişime geçin, ve böylece hayatınızı tekrar bir araya getirmenize ve maksimum tazminatı almanıza yardımcı olalım. Ücretsiz danışmanlık için (855) 720-0495’i arayın. Hukuk ekibimiz 7/24 hizmetinizdedir. Bize haftanın her günü ve günün her saati ulaşabilirsiniz.

woman talking to therapist about emotional distress due to a personal injury

Yaralanmadıysanız ve aracınızda çok az hasar varsa sigorta şirketi nezdindeki talebinizi kendiniz halledebilirsiniz. Ama unutmayın, arabanızda küçük bir hasar olsa bile yine de bedensel anlamda zarara uğrayabilir ve yaralanabilirsiniz. Araba tamponları ve araba gövdesinin parçaları, çarpışmanın araç üzerindeki etkisini en aza indirgemede yıllar öncesine göre artık çok daha iyi. Yani arabanızda çok fazla hasar olmaması vücudunuzun herhangi bir fiziksel travma yaşamadığı anlamına gelmez. Newton’un Hareket Yasasına göre, eğer bir cisime herhangi bir kuvvet uygulanmaz ise, cisim duruyorsa durmaya, hareket ediyorsa da hareketine aynı hızda devam eder. Vücudunuz da çarpma anında hala hareket halindedir ve aracınızla aynı hızda hareket eder. Diğer sürücünün aracının sizin aracınıza çarpması aracınızın ve vücudunuzun aniden yavaşlamasına ve tüm bu kinetik enerjiyi emmesine neden olur. Dolayısıyla, ufak sandığınız araç kazaları da bedensel zararlara yol açabilir. Küçük bir kazada göz önünde bulundurulması gereken bir diğer faktör ise, kaza anında kullandığınız aracın türüdür. Siz truck denilen kamyon gibi büyük bir araçta iseniz ve diğer sürücü size ufak bir ekonomik araç ile çarptıysa, muhtemelen sizin aracınızda çok az bir hasar olacaktır veya görünür bir hasarınız olmayacaktır. Bu durumlarda, sigorta şirketine çarpmanın şiddetini göstermek ve kanıtlamak için diğer sürücünün aracına işaret etmek ve diğer araçtaki hasarı göstermek önemlidir. Unutmayın, darbenin ve hasarın ufak olduğu kazalar da yumuşak doku yaralanmalarına sebebiyet verebilir. Örneğin whiplash denilen ve araba kazasında kafa ve omurganın şiddetle sarsılmasından ileri gelen travmalar, omurga incinmesi gibi. Bu tarz hasarın ufak olduğu kazalar M.I.S.T. yani Minor-Impact-Soft-Tissue olarak da bilinir. M.I.S.T. diye tabir ettiğimiz bu tarz kazaların söz konusu bedensel yaralanmalarınıza neden olduğunu ispatlamak güçtür. Deneyimli kaza avukatları bu tür vakaları nasıl ele alacaklarını çok iyi bilirler.   Araba kazaları yıpratıcı, komplike ve yorucudur. Polis raporları, sigorta talepleri, tazminatlar ve daha fazlasıyla ilgili tüm sorularınızı yanıtlamak için buradayız.

car accident involving rideshare vehicle

  Ridesharing is so popular that the chances are high of being involved in an accident with one of these drivers. After a collision, the next steps you take are critical to obtaining the compensation you deserve. Stop everything and try not to panic. Check if anyone is injured and, if possible, move yourself to safety or stay in your vehicle. Call 911. Emergency responders can attend to anyone injured, and the police will fill out an accident report. This report will play a vital role in proving liability when filing an accident claim. Even if everyone’s injuries were minor, it is in your best interests to have the accident officially investigated, especially when a rideshare driver is involved. Gather information. Ask for the names, contact information, and insurance details of everyone involved. If there are any witnesses, ask how you can get in contact with them as well. Eyewitnesses can have a significant bearing on how an insurance provider will treat your claim. Don’t admit fault. Choose your words carefully when you’re interacting with the other parties involved. Saying something as simple as “I’m sorry” can imply guilt, which can possibly be used against you when you file an insurance claim. Take pictures and/or videos. Photos and videos of the scene, the damage to the vehicles, their positions, and your injuries can be beneficial. Along with witness accounts, photos and video can help you prove liability when it is being disputed. Seek medical care. If you were not immediately transported to the hospital, see a doctor as soon as possible. There must be medical records linking your injuries to the accident for you to obtain compensation. Call your insurance provider. After collecting all the required information on the other parties, you can notify your auto insurer of the accident and discuss your coverage options. Speak to a car accident lawyer. As soon as you can, call a trusted Houston Car Accident Lawyer who is experienced in rideshare accidents specifically. These cases and figuring out which insurance policies apply can be complicated. An attorney will immediately begin investigating to gather the evidence you need to prove liability and obtain compensation to cover your losses entirely. Can You Sue a Rideshare Company after a Car Accident? Rideshare companies such as Uber and Lyft consider their employees independent contractors, making suing them for liability very challenging. As of now, legal issues on rideshare company liability are being worked out in the courts, but you do have the right to file an insurance claim. Uber and Lyft carry commercial insurance coverage with a maximum liability limit of up to one million dollars. However, these policies will only kick in if the driver was on duty at the time of the accident. If the driver did not have an active ride at the time, you can only recover up to $50,000 per injured person, up to two people. Any additional compensation would come from the at-fault driver’s personal insurance policy. Accidents caused by off-duty rideshare drivers must be covered by their personal insurance. Contact Us Today If you or a loved one has been severely harmed in a rideshare accident, contact Milano Legal Group. Our Houston Car Accident Lawyer can help you navigate this process and protect your best interests. Schedule your free consultation today.

steering wheel of self driving car in an accident

Car accident claims are already complex, but when a self-driving or autonomous vehicle is involved, the level of complication rises significantly. Who is responsible for damages after a crash with a driverless car is an ongoing legal debate and the subject of many lawsuits. What is Considered a Self-Driving Car? A vehicle that is equipped with advanced technology and software systems so that it requires little to no effort by a human driver to operate. These vehicles have various levels of automation, from level one that requires driver assistance to level five, which is full automation. Potentially Liable Parties Concrete liability laws do not exist yet, but various factors unique to each collision will determine who is liable for a self-driving car accident. However, self-driving technology has not been perfected to where the car does not require some human assistance. In March 2018, a self-driving Uber car struck and killed an Arizona pedestrian, making it evident that autonomous vehicles could not sense, react to, and avoid unexpected danger. What this means is the human in a self-driving car involved in an accident, whether they are driving or remotely operating the vehicle, can be held liable if they cause an accident. If the driver or remote operator is an employee and working at the time of the accident, their employer could be vicariously liable for damages. Driver Liability Self-driving vehicle manufacturers are likely to blame a human driver in the event of an accident. On many autonomous vehicles, the software alerts the driver when they must take over the wheel. If the driver failed to take over when warned to do so, they can be held responsible. Manufacturer Liability There can be instances of a technological failure or the software failing to alert the driver quickly enough to avoid danger, making the manufacturer liable. In some cases, multiple parties will be liable, but it will depend on which parties were considered negligent and caused the accident. Texas’ Negligence Law Texas operates under the rule of modified comparative negligence. This law applies to self-driving accident cases and allows multiple parties to be responsible for damages resulting from a collision. However, each party’s percentage of fault will directly impact their recovery, and they must be 50% or less at fault to receive compensation. This is known as the 51% bar rule, which bars a claimant from recovering compensation if they are 51% or more to blame for an accident. Example: If you are awarded $100,000 and found 25% responsible because you were not wearing your seatbelt, you will receive 75% of your award or $75,000. On the other hand, if the jury determines you are 51% percent responsible, you will not receive compensation. Contact Milano Legal Group The manufacturers of self-driving vehicles or employers of those operating them will have teams of attorneys to help them devalue or invalidate your claim. When your health and financial future are on the line, you need an experienced Houston Car Accident Lawyer to help you hold the liable parties accountable. Contact us online or call (713) 489-4270 today for your free consultation.

man taking notes on auto accident for insurance

When another driver is clearly at fault for your car accident, that doesn’t mean their insurance company will accept liability. There is evidence that is vital to supporting your accident claim, and here are some examples of what you need to obtain the compensation you are entitled to. Evidence from the Accident Scene The evidence you can gather from the crash scene includes photographs and videos, any available video surveillance, measurements of skid marks, the contact and insurance information for the people involved, and any witnesses. The positions of the vehicles after impact should also be noted, as well as the weather conditions and any surrounding factors that could have contributed to the collision. Police Report The police should always be called after a car accident so an official report can be made. The report will contain contact and insurance information for the parties involved if you were unable to obtain it. It will also include the position of the vehicles, how the officer believes the accident happened, who they believe caused it, and if any drivers were cited for a traffic offense that will also be noted. Although police reports are generally inadmissible in court, they will typically hold considerable weight with an insurance adjuster when determining who is liable. Eyewitness Statements Eyewitness statements or their evidence recordings can be an invaluable resource because they do not have their own interests in mind or care about the case’s outcome. However, it can be challenging to obtain a record of eyewitness testimony, so you likely need an experienced car accident attorney to help. Medical Records Medical records are vital to a car accident claim. They link your injuries directly to the accident and also testify to the severity of your harm and required future care. Information on your injuries can also possibly confirm the speed and position of the vehicles at the time of the crash. Documentation of Other Losses You will need to provide records and receipts to obtain compensation for any other financial losses related to the accident. For example, repair or replacement invoices for the damage to your vehicle and other property, a receipt for a car rental, etc. To show evidence of lost income, you can provide pay stubs and W-2s and any records of missing work. Expert Testimony Depending on the circumstances of your car accident, your case may require expert testimony. For instance, your attorney may hire a medical expert to testify to the extent of your injuries and how they will impact you in the future, a forensic accountant to calculate future losses, or an accident reconstructionist to gather additional evidence on how the accident occurred and who caused it. How Negligence is Proven in a Car Accident Case With the evidence you have gathered, you must be able to establish the following four elements to successfully hold another party liable for your car accident in court: Duty. The driver owed you a duty of care. (e.g., drivers have a legal obligation to follow traffic laws and exercise reasonable caution) Breach of Duty. The driver breached their duty by failing to use reasonable care. (e.g., texting and driving, running a stop sign, speeding, etc.) Causation. The driver’s negligence directly caused your injury. (e.g., medical records of treatment right after the crash) Damages. The last element you must prove is damages or financial losses. (e.g., medical bills, lost income, etc.) Proving negligence can be complex, and your actions immediately following a car accident are critical. Milano Legal Group Can Help You Our highly experienced Houston Car Accident Lawyer can help you preserve the critical evidence you need to prove fault and obtain the compensation you deserve. Message us online or call (713) 489-4270 today for your free consultation.

woman injured in car accident

Those injured in a car accident in Houston are entitled to recover compensation from the at-fault party. There are two types of payment available to pursue: compensatory and punitive. Compensatory Damages Damages is a legal term that describes the different types of compensation available to victims in a car accident settlement or court award. Compensatory damages compensate a victim for their current and future losses. Within compensatory damages, there are two categories: economic and non-economic damages. Economic Damages: Financial losses that require evidence of the actual amount of money you have lost. Some examples include: Medical bills: emergency visits, hospital stays, physical therapy, outpatient procedures, prescription medications, etc. In-home medical care Nursing home or rehabilitation costs Medical treatment Property repair or replacement Lost wages from missed work Diminished earning capacity (if you are no longer able to work at the same level as before the accident) Non-Economic Damages: These damages do not reflect financial losses but are subjective. This makes them much more challenging to prove. For instance: Pain and suffering Emotional distress Loss of enjoyment of life Loss of opportunity Loss of consortium Physical impairment (e.g., disability, loss of a limb) Disfigurement Unjust hardship Punitive Damages The second type of compensation available in some car accident claims is punitive damages. They are rarely awarded and reserved for cases involving defendants who acted with malicious intent, oppression, or fraud. Punitive damages are a form of punishment to deter similar harmful acts by others in the future. How Much Compensation Can I Get After a Car Accident? The exact amount of compensation you will get after a car accident cannot be predicted, but an attorney can give you an estimate of how much you are entitled to.  Here are the guidelines typically used to discern a car accident claim value. Liability and Strength of the Case Liability is the legal term for fault. If there is strong evidence to support another party’s liability, it can dramatically increase the value of your claim. On the other hand, your compensation can be reduced if there is evidence that you are partially or the majority to blame. Texas courts follow the rule of modified comparative negligence, which means you must be 50% or less responsible for the accident to recover compensation, and your percentage of fault will reduce the amount you recover. Damages The severity of your injuries and other losses will directly impact your claim’s worth. The following factors are generally considered: Did you have pre-existing injuries, and if so, were they made worse? Are your injuries permanent? Amount, type, and cost of your medical care. Amount, type, and cost of future medical care. Are there any gaps in medical treatment, and if so, why? Amount of lost wages. Whether you will be able to return to work. Restrictions on daily life activities. How your life has been impacted. Whether your spouse or children have suffered. Causation There must be documentation that directly links your injuries to the car accident. If you did not seek medical care immediately following the collision, the insurance company can fight causation and allege that your injury was not caused by the car accident or was a pre-existing condition. Contact Us to Obtain the Compensation You Deserve Our Houston Car Accident Lawyer will strive to get you the maximum amount of compensation possible. Message us online or call (713) 489-4270 today for your free consultation.

Too Late to File Claim

Is it too late for you to claim an injury for your car or truck 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!

Mother putting her baby securely in a car seat in case of a car accident

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.