Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Author: Fell Law Firm

  • Drowning isn’t the only hazard associated with swimming pools

    Whether you have a pool in your backyard or just take a dip when you stay in hotels with pools, you should be aware of the many risks associated swimming pools. Too often, people think that the risks stop and start with drowning, but the fact is that there are many other types of injuries or illnesses caused by an unsafe pool.

    For instance, recently nine people were diagnosed with Legionnaire’s disease after staying in the same hotel.

    Legionnaire’s disease is an illness that can be contracted by breathing in contaminated water. According to tests of the hotel’s swimming pool and hot tub, both tested positive for the harmful bacteria.

    In most cases, victims who contract this illness are able to recover with the help of antibiotics. However, it can prove to be deadly to people who already have a compromised immunity system or suffer from other medical conditions.

    Legionnaire’s disease is just one type of illness that can be caused from contaminated, poorly maintained pools. Others include cryptosporidium and various infections. Owners of hotels, gyms, apartment complexes and other properties with pools are expected to take certain steps to minimize the spread of these and other illnesses, but too often, a property owner will cut corners or ignore this obligation, and victims pay the price.

    If you or a loved one developed a serious illness after swimming in a contaminated pool, then you may want to examine your legal options. Certain illnesses can prove to be devastating and take a considerable toll on a victim’s well-being. If you are sick, you could require hospitalization and various treatments, which can have a detrimental impact on your health, your job and your finances.

    Under these circumstances, you could decide to hold the negligent property owner accountable for damages you have suffered. With legal guidance and support, you can build your case and take action against the appropriate party to secure the compensation you deserve.

  • 4 times to contact an attorney regarding your insurance claims

    Any situation involving an insurance policy and/or claim has the potential to be frustrating. Whether you are figuring out the coverage that you need or disputing a delayed payout, there is a lot on the line and the insurance agents aren’t necessarily looking out for your best interests.

    With this in mind, understand that you do not need to wait until a situation gets bad before you seek legal guidance. Below, we look at four different times it can be valuable to contact an attorney during the insurance claim process.

    1. Before you ever file a claim: An insurance policy is typically going to be long-winded and involve a lot of legalese that is confusing to people without a legal or insurance background. Before signing any document, you can have an attorney review it to look for any holes or problematic terms.
    2. After a physical loss or property damage: Navigating the insurance claims process in light of a serious incident involving your home or car can be overwhelming when you are already dealing with pain, damage to your home and other losses. An attorney can ensure your claim is filed properly and help you secure a fair settlement.
    3. When the insurance company comes back with a settlement offer: If the insurance company offers you a much lower settlement than you expected or denies coverage, then you will want to talk to an attorney about your next steps. This might include negotiating with your insurer or taking the case to court.
    4. If your company cancels your plan or denies your claim: Contract termination or a flat-out denial can be a major red flag. If you believe you have in place a policy that covers the damage suffered but an insurance company says otherwise, examine the situation with an attorney in order to identify any indications of bad faith actions.

    While legal guidance can be essential when a dispute arises with your insurance company, you don’t have to wait for that to happen to assess your legal situation. You can reach out for guidance and support at any stage of the insurance claim process to protect your rights and seek the coverage and compensation you deserve.

  • Study: Phones are distracting even when we aren’t using them

    Every Texas driver should be aware of the dangers of driving while distracted by a phone. There are even laws prohibiting texting and driving, and the use of a cellphone is completely banned for certain drivers and in certain areas.

    Despite these laws and educational efforts urging people to focus on driving, people still text, check email, update Facebook and otherwise use their phone while they are behind the wheel. And unfortunately, even if you aren’t actively using your phone, you could still be distracted by it, according to recent studies.

    The academic studies examined whether having a phone off and in sight or out of the room contributed to cognitive impairment.

    The researchers found that study participants performed better on memory and problem-solving tasks when their phones were in another room versus being in sight but turned off.

    They also determined that participants who had a high dependency on their phones were more impaired than other participants were when their phones were off but still visible. The most effective way to reduce cognitive impairment and phone-related distraction, according to the recent experiments, appears to be by leaving the phone in another room.

    The takeaway from this study is that phones can be distracting, even when we aren’t actively using them. They consume brainpower and draw our focus away from the task at hand when they are in front of us, even if they are off.

    It would therefore seem to be safest to not only turn off a phone while driving, but to also put it in a purse or bag somewhere out of sight. This can minimize the brainpower we are devoting to something other than the task of driving. Unfortunately, the fact is that most drivers do not do this.

    With all this in mind, understand that the risk of being injured in an accident caused by a distracted driver is very real. When and if this happens, you should not have to pay the price for someone else’s bad judgment. You can speak with an attorney and explore your options for filing a lawsuit to secure compensation for the full extent of your injuries.

  • 3 common reasons tenants sue landlords

    3 common reasons tenants sue landlords

    Renting a property should be a mutually beneficial agreement between two respectful parties. Often, though, one party acts in a way that complicates this. A violation of the terms of the lease or simply personal discord might motivate an escalating conflict. In some cases, these conflicts develop to the point that one party initiates legal action and sues the other.

    Tenants may sue landlords for a variety of different reasons, but the following are some of the most common. If you have been the target of a suit involving one of these or any other legal issue, consulting with a legal representative can help you combat the allegations you are facing.

    Wrongful eviction

    Landlords are certainly within their rights to evict tenants, but the process must be done according to the standards indicated by law. The landlord must always give sufficient notice, and if there is a reason for the eviction — for example, a purported violation of the lease — evidence of this should exist. These criteria are often not met, however. This results in wrongful eviction claims, which according to CNN, exceed 2,000 annually in one city alone.

    Fair housing discrimination

    The Fair Housing Act of 1968 protects home buyers and renters from discriminatory practices. Sellers and landlords cannot deny housing to potential dwellers on the basis of race, religion, sex, color, national origin, handicap or color. The act also prohibits indication of preference in any of the aforementioned qualifiers when advertising housing.

    Breach of habitability

    Landlords have many responsibilities, and it is not always easy to tend to tenants’ complaints right away. It is important to respond efficiently and effectively, though, because simple problems can turn into claims of breached habitability. This refers to circumstances in which the property is not fit to live in, and it can be alleged on a number of different bases.

  • Signs your landlord is breaking the law

    Living in an apartment or rented home should be a trouble-free experience. Landlords are a positive presence if they keep the place up and stay in contact about changes.

    But some may look for a way to charge more or keep money to which they are not entitled. Here are a few signs to look for the possibility that your landlord is violating landlord-tenant law.

    You get no or a partial security deposit refund. Texas law does not restrict the amount of a security deposit, but there must a reason for any of it to be withheld. Reasons may include move-in or pet damage. A landlord may be required to tell you the reason for keeping all or part of a deposit.

    The landlord visits unexpectedly. Property owners may only use their key to enter a renter’s home or apartment in an emergency. Some landlords may exclude a privacy policy from a lease or request inspection rights, so check your lease for this language.

    You get a rent increase in the middle of the lease. Rent increases may not be illegal, depending on the timing. But there are restrictions and a landlord may have violated the law by charging more rent. If your unit is rent-controlled or Section 8 housing, there are further restrictions.

    A property sale is throwing you out. Landlords may sell their property at any time, even with renters in the deal, but they are required to provide proper notice to all lessees. Your lease may, however, include an early termination clause, which increases owners’ options.

    Renters have rights if they are under the terms of a lease, and an experienced legal counselor can help you understand them. Seek assistance if you feel you are the victim of a violation of landlord-tenant law.

  • 3 things you must do if you are going to file an insurance claim

    3 things you must do if you are going to file an insurance claim

    Getting into a car accident or seeing your home damaged by storms can be physically and emotionally painful. In these situations, the only comfort you might have is the assurance that you have insurance.

    In order to ensure that you are properly compensated for damages under your policy, though, you need to take some important steps to solidify your claim. Failure to do these things can give an insurance company all it needs to shortchange you or deny your claim. 

    1. File your claim in a timely manner. Your insurance policy should specify the amount of time you have to file a claim. In some cases, it could be as little as 24 hours after the incident. In other cases, there may not be a specific time limit or date set. In either case, it is critical to understand that the clock is ticking.
    2. Stay off of social media. As this article points out, insurance agents can look at what you put out on sites like Facebook or Instagram. Should they find material that contradicts your statements in an insurance claim, they can deny your claim. Avoid posting pictures of damage, discussing the situation or publicizing behaviors or events that an agent could take out of context or use against you.
    3. Keep records of any additional expenses you take on after an incident, as they can be covered along with other damages. For instance, you might need to pay for a rental car or hotel room until your claim is approved and damage can be repaired. Your insurance policy should include details on what expenses they will cover, so review that before making any significant payments.

    These are just a few things you would be wise to do after a car accident, storm or other incident that leads to property damage. You will also want to do things like take photos and make a list of damaged items. 

    Covering your bases when filing an insurance claim can be confusing and overwhelming, particularly when you are struggling with pain and/or serious property damage. However, you can talk to an attorney about the specifics of your claim as well as any coverage questions or concerns you may have.

  • 5 things you can do to protect yourself from summer accidents

    5 things you can do to protect yourself from summer accidents

    Did you know that this month is recognized as National Safety Month in the U.S.? The National Safety Council announced this yearly reminder as we head into summer, which is when the highest number of certain accidents occur.

    While the official recognition of safety efforts may only last one month, we urge all readers to be especially mindful of certain behaviors all summer long. Below are five easy ways to prioritize safety for yourself, your family and your community this season.

    1. Pay attention while driving. Distracted driving is the cause of thousands of preventable accidents. Put the phone down, pull over if you need to groom, eat or enter a destination into your GPS, and minimize any distractions inside the car.
    2. Keep a close eye on your kids. Kids are at risk of animal bites, drowning and playground accidents. Make sure they are adequately supervised and keep an extra-close eye on them when they are out of school this summer.
    3. Make sure walkways, stairwells and entrances in your home are clear of hazards. Between kids running in and out of the house and the amount of things that quickly pile up in and around the home, it is crucial to keep these spaces clear and dry. 
    4. Know where your fire extinguishers are in your home. Cooking, defective products and electrical issues can lead to household fires. Fire extinguishers can prevent or minimize catastrophic damage to your home. 
    5. Avoid driving, swimming and other potentially dangerous activities if you have been drinking. Alcohol impairs judgment and slows people’s reflexes. If you are drinking, don’t engage in risky behavior or operate heavy machinery.

    Unfortunately, there are people who will fail to take these and other precautions this summer. People will drive drunk, fail to maintain their homes and businesses, and engage in reckless, negligent behaviors that put themselves and others at risk.

    With this in mind, we want readers of this blog to understand the importance of taking legal action against a party liable for accident injuries. Many accidents are preventable, and holding people accountable when they fail to take certain measures to prevent an accident is way to ensure victims do not pay the price for other’s bad decisions.

  • 3 steps to take after your hailstorm damage claim is denied

    3 steps to take after your hailstorm damage claim is denied

    If a hailstorm has severely damaged your home, you expect your insurance to compensate you. Unfortunately, this does not always happen. If you have a denied insurance claim, you are likely frustrated, confused and, frankly, angry. These are all normal emotions to feel, but do not give up hope.

    Resist the urge to curse out your insurance agent. Keep reading for some simple steps you can take to get your insurer to pay up for your storm damage.

    1. Take pictures and videos

    The first step to challenging your denied hailstorm claim is detailed documentation. Technology makes this easy. Simply use your smartphone to take videos and photos of your home and belongings, including:

    • Furniture
    • Electronics
    • Appliances

    Back up your visual evidence to the cloud, or email it to yourself to ensure you do not lose it.

    2. Document architectural details

    Some home insurance policies have exclusions for wear and tear. For example, an insurer might deny a claim if the roof was in poor condition and got damaged in a storm. The insurer would insist the roof did not receive proper maintenance. To combat this, gather records of all maintenance and repairs to show that your roof and other home features, such as windows and siding, were in good shape before the storm hit.

    3. Get help

    Before you file an appeal for your denied storm damage claim, you may want to get a second opinion on your denial letter. Insurance companies can be intimidating and tricky to deal with alone. Consider hiring an attorney to review the reasoning your insurer gives for denying your claim. Once your attorney looks over the letter, he or she will be able to advise you on what your next steps should be.

    It is normal to feel stressed out and hopeless in situations like this, but there is still hope. If you gather sufficient evidence and get legal help, you may get the compensation you need.

  • Tenant, grocer clash over closing of store

    Tenant, grocer clash over closing of store

    Commercial leases are in place to provide critical guidance to landlords and tenants. These agreements should be clear and enforceable, as any inconsistencies, vague terms or missing information can spark disputes later on.

    For instance, Texas-based grocer Whole Foods is involved in a dispute regarding one of its stores in another state. The store and the landlord are battling over the closing of the store, which became necessary after owners learned that it was infested with pests, including rodents and insects.

    According to the terms of the commercial lease both parties signed, store closures are permitted, as long as they are not in excess of 60 days. This location has been closed since March 13, and there are no immediate plans to open until a massive renovation is completed.

    However, Whole Foods argues that the landlord will not sign off on the renovations, and the grocer filed a lawsuit after it received a notice of default from the landlord.

    On the one hand, it makes sense that Whole Foods would need more than 60 days to renovate the location to remedy the infestation problem.

    On the other hand, the lease agreement states that the 60-day limit can be extended only in situations where the extension stems from matters beyond the control of either the landlord or the tenant

    Now it will be up to the courts to determine if the planned renovation meets the standard necessary to qualify for an extension.

    This case is a good example of how two sides can have two different opinions on a seemingly clear element in a lease agreement. One side can see an exemption or exception as reasonable, while the other side has a very different take on the matter.

    When there is money and real estate on the line, it can be crucial to fight for your side to prevail.

    If you are a commercial landlord involved in a dispute with a tenant over the terms of your lease, it can be crucial that you consult an attorney who can help you make your case. With legal guidance, you can request that the courts enforce the terms of a lease agreement or find a way to resolve the matter directly with the tenant.

  • Can my insurance company cancel my policy?

    Can my insurance company cancel my policy?

    The short answer to the question posed in the headline is yes. Insurance companies can and do cancel policies for a number of reasons we examine below.

    Understand, though, that there are laws in place that specify when a policy can be cancelled and what insurance companies must do in order to properly cancel the policy. Any violations of these laws, including improper cancellation, can be grounds for a bad faith claim.

    Reasons an insurance company can cancel a policy

    Cancellation of a policy is prohibited, with a few exceptions. According to Texas laws, insurance companies can rightfully cancel a policy if:

    • A policyholder obtained coverage through fraud
    • A policyholder fails to pay premiums
    • A policyholder becomes a higher hazard through his or her own actions, requiring a rate increase
    • The insurer loses its insurance covering the policy

    If a policy is cancelled for reasons beyond those listed above, or if an insurance company wrongfully claims that one of these reasons is why it cancelled a policy, then the policyholder may take legal action.

    What is required when insurance companies cancel a policy

    Under the law, insurance companies must provide to a policyholder written notice of the cancellation. This notification must come no later than 10 days before the policy cancellation goes into effect.

    If you believe your policy is at risk of cancellation or if you feel it was wrongfully cancelled, then legal guidance could prove to be valuable. Filing a claim to challenge a cancellation can help you protect your rights under the law and avoid the costly consequences of not having insurance coverage.