Texas Accident and Injury FAQs
When you or someone you love has suffered injuries in an accident, it can be difficult to know where to turn for reliable and timely information. It’s natural to have many questions, and the legal team at Parker Law Firm is here to provide the answers and facts you are looking for. Browse our FAQs and learn about common accidents, compensation, and how an attorney can help. If you don’t see your question, don’t hesitate to reach out to our attorneys. Take a moment and fill out our online contact form to hear back from a knowledgeable and experienced legal team.
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Common Questions Asked After Being In An Car Accident
What Should You Do In Terms Of The Insurance Companies If You Are Involved In An Auto Accident? Do You Have To Notify Your Own Insurance Company Or The Other Party’s Insurance Companies?
It is always recommended to contact the other person’s insurance first. If you wind up contacting your own insurance company and they pay the entire claim, it may count against you and increase your rates. Therefore, you always want to see first and foremost about filing a claim against the person who caused the accident.
Often times, you will need to call your insurance company to collect the PIP insurance or the Med Payment insurance which you purchased to help you with your out of pocket expenses. Those claims do not count as a mark against you and your insurance. It is only if they fix the car or pay on the claim that count against you. So, always contact the other person’s insurance to open a claim, get a claim processed and find out what their position is going to be.
What Should Someone Do If The Other Party’s Insurance Company Contacts Them?
Never ever give a statement to the insurance company unless you are represented by an attorney and they are present to help you. Parker Law Firm strongly advises against giving any statements unless and until you are fully ready. One of the things you do not want to do is give a statement when you are hurt, you are still injured or you might be under medication. There may be things that you leave out or forget.
The number one thing to remember is that when you are talking to the other person’s insurance company, they are not your friend. They are trying to get information that will assist them in either denying your claim out right or minimizing the amount they are going to have to pay on the claim based on things you may have inadvertently and very innocently said and that will be taken out of context.
If You Feel Fine Initially But Start Having Severe Pain Days Later That Requires Medical Treatment, Do You Still Have A Case?
You do, but the longer the time goes by that you do not seek medical treatment, the more suspect the insurance companies become of your claim of injury. Moreover, jury’s also become more suspect. That is why it is so important to be sure to go and get checked out by medical professional as soon as possible if you are hurt. Often times as a result of the adrenaline from a crash, you will not realize that you have been hurt or something will not be readily apparent to you until the next day or the day after. That is when you want to be sure to go and get checked out.
Many people feel like they are okay and that they will get better in a few days and often times that is the case. However, you should still go and get checked out to be sure that there are no underlying problems. Any delay will not only affect your physical recovery and your wellbeing, but the delay certainly has the potential of diminishing your ability to get a full recovery.
Attorney Brad Parker Answers Some Common Questions Asked By Someone Who Has Been In An Auto Accident. For more information, call the Parker Law Firm for a Complimentary Personal Injury Strategy Session at (817) 503-9200 and get the information and legal answers you’re seeking.
Faqs About Car Accidents
What Are Some Of The Biggest Misconceptions People Have When It Comes To Auto Accidents?
The first biggest misconception that most people have is that all of their medical bills and all their economic damages are going to be paid by the at-fault driver. Insurance companies are in the business of making money – not spending it. They will fight even the rear end collision cases. However, more importantly, most people have very little insurance. If you are seriously injured in an automobile crash, often times there is not enough insurance coverage. This is especially so if there are more than 2 people injured.
The second biggest misconception is that the insurance company for the negligent driver will pay for your medical bills as they are incurred. Many times people will go to the hospital or see their doctors’, and not want to use their own health insurance to pay for their bills thinking that the automobile insurance carrier will pay these bills. They will not do that. They will only make one payment and once that payment is made they will not make any other payments. Therefore, it is always best to have your doctors bill your health insurance company directly for the medical care they provide. Only once you have completely quit treating will your claim be ready for settlement.
Another big misconception is that you must pay back the health insurance company that paid for your medical bills from any settlement money that you receive. Subrogation issues and hospital liens can present very complicated scenarios in which medical providers and health insurance companies are entitled to part of your settlement money. Half of the battle is trying to defeat those subrogation and lien interests — or at least minimize them. Most people do not understand all the intricacies that come into play once they receive a settlement from the insurance company.
What Are The Steps Someone Should Take From The Time Of The Accident To Filing The Claim?
If you are physically able, you would obviously want to get pictures of the scene. Pictures of the intersection, pictures of the cars involved, even a picture of the person who hit you. You want to trade information; you want to get all their insurance information. Take a picture of their insurance card. Then write down the information as well if the picture does not turn out well, but often times the picture will give you information that you might forget later on.
The next thing of course if you are injured is to seek immediate medical attention. Many times, people involved in a car crash do not think that they are injured only to wake up the next morning and realize that something is terribly wrong with them. Seeking medical care as soon as possible is critical.
If you are taken away from the scene in an ambulance or seek medical attention immediately and are not able to take any pictures and get the insurance information, then be sure to contact or have your family contact an attorney immediately. The attorney can get involved and try to get the necessary information to pursue the at-fault party and protect your rights.
These are the immediate steps that need to be taken. You should not delay in interviewing and hiring an attorney. In the event you are seriously injured it is even more important that you hire a competent, board certified personal injury attorney to assist you as soon as possible.
Get Answers to Frequently Asked Questions about Auto Accidents or call the Parker Law Firm for a Complimentary Personal Injury Strategy Session at (817) 503-9200 and get the information and legal answers you’re seeking.
Commonly Asked Questions About Car Accidents In Texas
What Are The Most Common Types Of Accidents Seen In Texas?
The types of accidents commonly seen involve distracted drivers. One can hardly drive down the road without seeing somebody on their telephone or looking at a text on their smartphone. Many of the car wreck cases handled by Parker Law Firm involve distracted driving. Studies have repeatedly shown that distracted driving is just as dangerous driving drunk. Distracted diving could be anything, including eating, drinking, playing with the radio, or looking at your cellphone. The vast numbers of cellphones being used has become a huge problem with driving and texting or talking at the same time.
What Is The Law In Texas Right Now On Cellphone Drivers?
Different communities and localities have different laws in place. Some have laws that will prevent you from talking on a cellphone that is not hands free, while other communities prohibit the use completely while driving. Texas as a state, does not have any uniform law in place other than you cannot talk on a cell phone in a school zone.
What Is A No-Fault State And How Does That Apply In Texas?
Texas is NOT a No-Fault state. No-Fault means that rather than relying on the person who hits you for their insurance coverage, you rely on your own coverage! Texas is known as a third-party state which means that the person who causes the accident is the one primarily liable for any injuries caused by the crash. In Texas, there is form of No-Fault which is commonly referred to as Personal Injury Protection (PIP) or Medical Payment Coverage. You can buy that coverage yourself and it will help with some of the deductibles and out of pocket co-pays. Typically, you will see PIP offered in a range of $2,500 to $5,000. It is a very good insurance to buy because it will help you with your out of pocket expenses immediately. Since Texas is NOT a No-Fault state, attorneys look to the at fault party to compensate you for your losses.
What Is The Time Limit For Bringing A Personal Injury Lawsuit In Texas?
You have two years from the date of the crash in which you have to bring suit if necessary. Unfortunately, a lot of people think that they do not need to get a lawyer right away because they have two years in order to file a lawsuit, which is not true at all. Many times, it is necessary to get a lawyer involved immediately so that evidence can be preserved, witness statements can be obtained and to work out the medical liens and subrogation issues. If you wait until the last minute, other problems can arise, such as the defendant driver or the person who caused the crash may have moved and cannot be located. In case you cannot find them, then you are not going to be able to sue them. Even if you file suit before the expiration of the two year limitations period, the law requires service on the defendant immediately which can lead to the suit being dismissed if not served extremely quickly. So the simple answer is, it is two years from the day of the crash, but if you have been seriously injured in an automobile crash, you need to seek counsel immediately. Delays only work to hurt your case.
Get Answers to Commonly Asked Questions about Auto Accidents in Texas or call the Parker Law Firm for a Complimentary Personal Injury Strategy Session at (817) 503-9200 and get the information and legal answers you’re seeking.
Should Fee Be A Factor When Retaining A Personal Injury Attorney?
All personal injury attorneys work on a contingency fee basis, meaning they do not get paid unless and until you get paid. And so money should not be a roadblock to hiring a competent attorney to represent you. What you do need to be careful about though, are attorneys who will work on the cheap. Typically, the fee in a personal injury matter will be anywhere from 33 1/3% – 40% depending upon the type of case and the complexity of the case.
If an attorney says he is going to do it for twenty percent or something in that nature, be aware. There is a strong chance that they either they do not know what they are doing or they are not very competent at what they are doing. Always remember the old adage that “you get what you pay for.” It is better to pay the average or a little more to get a qualified board-certified personal injury trial lawyer who has a proven track record than to be a number or a cog in a wheel of some mass accident firm that has hundreds and hundreds of clients and you are nothing but a number. You are not going to get very good representation and you will not get the best value for your claim.
Unique Attributes Of Attorney Brad Parker And Parker Law Firm In Handling Personal Injury Cases
You are not a number when you walk into the Parker Law Firm. You are a human being with a real problem that has real issues and real consequences. We understand that this process is not natural for you and that you may feel somewhat overwhelmed. We understand and appreciate that upfront. From the day you walk into our law firm you will have a sense of relief, knowing that you have walked into the right place. When you hire us we take over every aspect relating to your personal injury claim so that you can concentrate on getting back on your feet as soon as possible. When you hire us, we take over dealing with your medical providers, the medical billing companies and the insurance companies. We are there to help you every step of the way. You need to be concentrating on getting better, getting your life put back in shape and getting back in order. We take all the problems associated with seeking and getting medical treatment – from billing issues to subrogation and lien matters and everything else in between. We are there not only as your lawyer but as a friend and confidant. Our clients are family to us and we try in every way imaginable to alleviate those issues from your life so that you can concentrate on what is most important — your health.
Additional Information Regarding Personal Injury Claims
One of the things that we always do on all of our personal injury cases and one thing that sets us apart as well is that we negotiate your medical bills, negotiate the liens and negotiate the subrogation interests. Many times, insurance will not cover a particular procedure or treatment or there are deductibles or co-pays that add up. We negotiate with the medical professionals and routinely receive a better rate, a better discount for your medical bills and a better reduction of the lien and subrogation amounts. All too often medical providers attempt to charge a premium because they know it is a car wreck case or a trucking accident and so they bill higher. When you hire the Parker Law Firm, we get involved immediately and start working with these care providers so that you are not getting gouged. We work on your claim in every conceivable way and allow you to concentrate on getting better. At Parker Law Firm, People truly do Matter.
Get the information and legal answers you are seeking by calling (817) 503-9200 today.
Crash Or Accident?
According to Merriam-Webster’s dictionary definition, an accident is a sudden event that is not planned or intended and that causes damage or injury. Whereas, crash: is to hit something hard enough to cause serious damage or destruction. You may be wondering, why does this matter? Well, there has been a growing number of advocates wanting to shift from the use of the word accident. According to some federal, state and local leaders, there is a negative connotation associated with this termed word.
The National Highway Traffic Safety Administration has coined the mission to reduce the number of deaths or injuries on roadways, including drivers, pedestrians and cyclists. In 2014, over 3,000 individuals were killed in distracted driving crashes alone.
Dr. Mark Rosekind, head of the NHTSA, has added his voice on the term accident by stating, “..Language can be everything. In my agency, crash is not an accident.”, while at a driver safety conference earlier this month. He goes on to share that 32, 675 lives were lost on roads in 2014 and that of those lives lost, they were 100% preventable.
In New York, Families for Safe Streets has launched a campaign to begin using “crash” instead of “accident”. These advocates want to focus on the fact that many traffic fatalities are preventable – not inevitable. Roughly 28 state departments of transportation have joined the push to avoid “accident”, when referring to traffic incidents.
Many are still hesitant to change their 100-year-mentality of the term accident. At Parker Law Firm, we believe that people matter. If you or a loved one have been involved in an unfortunate tragedy due to the negligence of another, we are here to help. Give us your trust and call 817-503-9200.
Common Questions About Underinsured / Uninsured Motorists In Texas
What Are The Minimum Insurance Requirements In Texas?
The minimum insurance requirements in Texas are $30,000 per person per incident up to $60,000. That means that each person driving on the road is supposed to have an insurance policy that will pay someone whom they injure up to $30,000. It will also pay if there are two people in the car or even three, four or five, up to $60,000 divided between all the occupants of the vehicle. That is not a lot of money in the scheme of things. Especially if you are seriously injured, and spend much time in the hospital. One of the most beneficial types of insurance that you can have is UI/UIM or Under Insured/Uninsured Motorist Coverage. That is insurance that you buy for yourself and your family that will help pay the bills in the event that the person who hits you does not have enough insurance or they are completely uninsured.
What Types Of Compensation Does Someone Have If They Have Been In An Auto Accident With An Under Insured Or Uninsured Motorist?
Your rights are going to be the same no matter what. The real question will be whether there is the availability of you being able to seek compensation because of the person being uninsured or underinsured? That is why it is so important to have that type of coverage that you purchase for yourself. Unfortunately in Texas, the minimum limits are $30,000. Most drivers who have insurance at all will only have $30,000. Therefore if you are seriously injured, the availability of UI/UIM coverage becomes extremely important. It is amazing how many people are still on the roads that still do not have any insurance what so ever.
If you are seriously injured in an automobile accident, and you do not have uninsured or under-insured motorist coverage, and the at-fault party has no insurance or even minimum limits, then that is all you are going to see from the result of any lawsuit or any claim that has been made. That is why it is imperative to protect yourself against the negligence of other people. Uninsured motorist coverage is some of the cheapest insurance that you can buy. While it may not seem cheap, it is cheaper than most insurance coverages and it is something that you really need to have in the event that you are a loved one is seriously injured in a car crash.
What Should Someone Do If They Discovered That The Other Driver Who Hit Them Does Not Have Insurance Or Is Underinsured? What Are Some Of The Things That They Can Do To Protect Themselves?
The thing that you do to protect yourself is to buy UI/UIM coverage. You are going to have to still establish the liability of the person who hit you and then turn around and make the claim against your own insurance company for UI/UIM coverage to apply. It is not an easy process and most insurance companies will fight their own insured by trying to minimize the claim. They nearly always assert that you were not really hurt, it was a preexisting injury or you are a malingerer. Your own insurance company will often times fight that the other party was not liable for the accident and therefore UI/UIM does not apply. It is a very complicated process and that is another reason why you absolutely need to a hire a board certified personal injury lawyer in order to help you navigate these treacherous waters.
What Are Some Of The Biggest Misunderstandings People Have When It Comes To Someone Who Is Uninsured Or Under-Insured When It Comes To An Accident?
A lot of people think that people that do not have insurance could go to jail. In reality, you cannot put someone in jail for not having insurance. They can and often time do lose their driver’s license, but that is about the extent of it. At the risk of sounding like a broken record, this is again the number one reason you need to buy as much UI/UIM coverage that you can possibly afford – in order to protect yourself against those that are not responsible because if you are involved in a serious car crash, that might be the only insurance available to compensate you for your injuries.
The main misconception is that people really believe that you are supposed to have insurance and they just do not understand that having the minimum amount of insurance is many times not anywhere near enough and that their injuries are going to go uncompensated unless they have protected themselves by buying UI/UIM coverage.
What Generally Are the Outcomes for People in These Under-Insured / Uninsured Auto Accident Cases?
It depends. The real question becomes how much and whether or not it is full or complete recovery. Again, if there is no insurance then there is nothing to be obtained. Notwithstanding, the Parker Law Firm has routinely sued uninsured or under-insured people with the desire of being able to absolutely get them to confirm in writing or under oath that they have no assets, or in the alternative, the fear of the lawsuit sometimes compels them to find hidden money. Imagine that!
It is the idea that they can compensate or get themselves out of this predicament that they are in. On the other hand, there are way too many occasions that have to be explained to the clients because the person who hit them quite frankly does not have any assets that judgment could attach to or insufficient assets. There is nothing an attorney can do for them other than obtain minimum policy limits and go on from there.
However, in those circumstances where there is no or very little insurance, the attorneys at Parker Law Firm work very hard in negotiating with the medical providers who claim that they are owed money to significantly reduce if not waive their medical expenses.
Contact A Texas Car Accident Lawyer Today
Get Answers to Common Questions about Underinsured / Uninsured Motorists in Texas or call the Parker Law Firm for a Complimentary Personal Injury Strategy Session at (817) 503-9200 and get the information and legal answers you’re seeking.
Why Would You Need An Attorney To Handle Your Car Accident Case?
Do People Even Need An Attorney If They Had A Collision? Can They Just Go To Their Insurance and Let Them Handle Everything?
Most people involved in a car crash that was not their fault almost always need an attorney to obtain a fair settlement if they are seriously hurt. Their insurance carrier will not handle it for them. They will handle your property damage, assuming that you bought collision coverage. They will go ahead and take care of your car and if they believe that the other party is responsible, they will go ahead take care of getting reimbursements for the property damage from the at-fault party’s insurance company. However, if you have been seriously injured, your insurance company is not going to pay you for your injuries unless the other side is liable; they pay their policy limits; and you have UI/UIM coverage. And then they are going to fight you on it. Your insurance company is just like the other person’s insurance company when it comes to personal injury cases. They do not want to pay them. They want to make certain that they pay as little as possible on the claim. Therefore, you should hire an attorney board certified in personal injury trial law in order to make all of the insurance companies pay in the way they are supposed to.
Can Someone Handle The Case On Their Own?
The answer to that question is sure, you can do that. You can even try and fly an airplane on your own, but do you really want to do something that you do not know how to do. You have to keep in mind that processing these claims is not easy. It is a complicated intricate system that you are unfamiliar with unless you are in the industry, unless you are a lawyer, or unless you are an insurance adjuster. Moreover, the people that you will be dealing with are professionals. They know what they are doing. They handle these claims every day. More importantly, many people do not understand that even if the insurance company is willing to write you a check tomorrow for any kind of medical bills, you have what is called subrogation interests or hospital liens that need to be satisfied. And if you do not take care of those, you may find yourself being a defendant; being sued by your health care insurance company or the hospital seeking the amount of money that you just recovered to pay them back. That is why it is so important to get an attorney. Half the time, attorneys spend more time negotiating the subrogation and lien interests than they do actually getting the money. It is one thing to get the money and it is another thing to keep the money and you need legal help to do both. That is why it is so important to at least consult with a board certified personal injury attorney if you have been involved in a significant car crash that was not your fault.
It is important to Hire an Auto Accident Attorney If You Have Been in an Auto Accident. Call the Parker Law Firm for a Complimentary Personal Injury Strategy Session Evaluation at (817) 503-9200 and get the information and legal answers you’re seeking.
What Is A Personal Injury Claim?
At its simplest and broadest, a personal injury claim is a legal case where another party is presented as liable for damages you’ve suffered, and it’s a claim that seeks financial compensation from them (or their insurance companies). This type of legal proceeding is also known as a “tort.” Injury torts hold “tortfeasors” (those who caused damages to you) accountable for negligence and recklessness, as well as deliberate actions that knowingly caused damages.
Injury claims are a broad area of the law, and they include (but are not limited to):
- Trucking/car accident claims
- Premises liability claims
- Dog bites claims
- Burn injury claims
- Product liability injury claims
- Any serious injury caused by the negligence of another
Personal injury claims are genuinely useful and beneficial to those who do not have the resources to pay for their own medical care, lost wages, or lowered earning potential. Brad Parker has been fighting for injury victims in Fort Worth since 1985.
In that time, our Fort Worth personal injury lawyers have helped thousands of people with severe injuries, tragic stories, and heartbreaking circumstances. Many of them were unable to pay for the medical care they desperately needed. Our work has helped countless people receive the resources to fully heal and recover from their injuries—both mental and physical.
The Steps You Need to Take
If you’ve been injured, the steps you need to take before filing a claim are fairly simple, but they require vigilance. For example, those who have been in a car accident need to make sure they record the circumstances of their collision as soon as possible after an accident (whenever possible).
In general, the steps to take immediately after an accident are:
- Seek immediate medical attention
- If possible, record relevant details (time, nature of accident, physical surroundings)
- Take photos of injury, damages, and scene of accident
Call a personal injury lawyer in Fort Worth
- Seek treatment for your injuries on a regular basis
- Keep all medical records and expense receipts
If you did not have a chance to record or photograph the details of your accident, that’s okay—skilled personal injury attorneys have the resources to conduct their own investigation into your case. The Parker Law Firm has a history and a reputation for building cases that present our clients’ stories with verifiable facts and details, which are vital to presenting your story to the courts.
What Do Personal Injury Claims Provide
Claims, at the bare minimum, provide people with the resources to recover from their injuries. That includes reimbursement for past medical costs and payment for anticipated medical costs in the future, both short and long term. As a result, it goes without saying that injury claims require that plaintiffs have genuine physical, mental, or neurological damage. However, in more severe cases, injury claims can provide for much more than medical recovery.
Injury claims have been known to provide our clients with:
- Reimbursement for lost wages
- Payment for lost earning potential
- Home renovations for permanent disability
- Compensation for emotional pain and suffering
- Punitive damages (for gross negligence or wrongful death)
Why Personal Injury Claims Matter
Injury claims allow regular, everyday people to have access to justice. When a car manufacturer, a construction firm, an insurance corporation, or any large company does not act responsibly and causes people severe injuries, the law gives them the power to hold them accountable. No other social or political tool gives individuals that same ability. Personal injury law is an equalizing force, forcing reckless or negligent people to face the results of their actions, no matter how large or well-prepared they are.
Seek justice with our firm—call (817) 503-9200 today for a Complimentary Strategy Session about your injury.