Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Author: Fell Law Firm

  • What’s the difference between negligence and recklessness?

    What’s the difference between negligence and recklessness?

    If you get hurt in an accident, there is a very real chance that it was no accident at all. In fact, many so-called accidents can and should be prevented. Unfortunately, they happen when people make bad decisions that put others in danger, even if the wrongdoers don’t intend to hurt anyone.

    Negligence or recklessness are two common levels of fault, and in either case, you could take legal action to collect compensation from the liable party. However, it can be helpful to know that there is a difference between negligence and recklessness, which we examine below.

    Negligence

    If someone is negligent, it means that he or she owed a duty to someone else and failed in that duty, which led to an injury-causing accident.

    An example of negligence would be failing to look both ways when driving through an intersection or driving without your lights on at night. A driver who engages in these behaviors is not upholding his or her duty to drive safely.

    Recklessness

    Recklessness, on the other hand, refers to behaviors that a person knows could be dangerous but engages in anyway.

    In the context of driving, this might include speeding down the shoulder of the highway during a traffic jam, fleeing police or drinking and driving.

    Filing a claim citing negligence or recklessness

    Depending on the details of what caused or contributed to your accident, you can work with your attorney to build a claim citing negligence or recklessness.

    While these claims may seem similar, there are legal differences between them that affect things like compensation and liability. Because of this, it would be wise to consult an experienced personal injury attorney who can investigate your accident and help you build a claim, negotiate a settlement and/or take the case to court.

    In cases involving either negligence or recklessness, securing compensation to cover damages you have suffered can be critical to your recovery. While money and lawsuits are not truly going to compensate you for catastrophic injuries, they can help you stay focused on your recovery and provide vital support for you and your family. 

  • Preparing for storm season in Texas

    Preparing for storm season in Texas

    Spring is the time for homeowners to tackle some spring cleaning projects they may have been putting off during the winter. This is a particularly good time of year to do these chores, as it is also storm season.

    Spring storms not only threaten the safety of people, they can also be incredibly damaging to our homes. With all this in mind, we urge readers across Texas to take some time in the coming weeks to prepare yourselves and your property for storm season. You can this in a few different ways.

    1. Make (or update) a list of your possessions and their value. Spring storms can cause flooding and property damage that destroy the items in your home. Accurate, updated inventories of your home can help you ensure you have proper coverage and make it easier to file a claim later.
    2. Review your insurance policies. This includes your car insurance policy, as Texas is among the top five states for flood and hail damage to cars, according to statistics. Make sure you understand your coverage and address any potential problems or confusing terms with an insurance or legal representative.
    3. Perform some basic home maintenance. Insurance companies look for any reason to deny coverage, and things like leaky roofs, broken windows, missing shingles and loose siding can jeopardize a claim. Fixing these problems can protect your home and any insurance claim you may still wind up filing.

    Unfortunately, it is not possible to prevent storms; they happen and they can be damaging. These are just a few basic ways to protect yourself and your property from the threat of spring storms.

    Should you wind up having to file an insurance claim, the last thing you need during such a difficult time is to have your claim wrongfully denied or have to deal with unethical insurance companies. In these situations, securing the help of an attorney can help you defend your claim and fight for a fair, satisfactory resolution.

  • Unsafe conditions spark security deposit dispute

    There is a saying that you get what you pay for, and this is certainly true in the world of renting real estate. If you are paying tens of thousands of dollars to rent a luxury property, you expect that you will get a property that warrants that type of financial contribution.

    Unfortunately, this doesn’t always happen. For instance, an adult film company recently rented a mansion on the beach from NBA star Chris Bosh and his wife. The company evidently paid $138,000 in one month’s rent and a security deposit to use the 10,755-square-foot property. What they got, however, was not what they paid for according to a recent lawsuit.

    The lawsuit states that the property was in disrepair when the company moved in. They discovered rat droppings, problems with the plumbing, inadequate Internet service, leaks and extensive toxic mold.

    The company requested the security deposit back, but the landlords refused for reasons that are currently unknown.

    It remains to be seen how this case will be resolved, but similar claims can be resolved in a few different ways. The landlord could return the deposit to the tenants and move on; the tenants could forfeit their deposit for breaking a lease early; the landlord could address the problems cited by tenants and make necessary repairs. The solution will depend largely on the terms of the rental agreement and the reason for the dispute.

    It is crucial that you know what you are getting into when it comes to renting property. If you are spending a lot of money on rent, or if the security deposit required is unusually large, it would be wise to ensure you understand what you are paying for. Keep in mind, too, that in Texas, barring any city ordinances, landlords can charge virtually whatever they want for security deposits.

    In the event that you wind up in a dispute over the return of a security deposit, you can consult an attorney to discuss your options. In many cases, an attorney can help you negotiate a solution quickly and fairly. In other cases, more aggressive legal action is necessary and your attorney can help you file a legal claim.

  • The eviction process in Texas

    The eviction process in Texas

    Large or small, luxurious or modest, your home should be a place where you feel safe and comfortable. It is where your family is, where your pets live and where you keep your most valuable possessions.

    Considering all that people have under their roofs, it makes sense that they typically go to great lengths to ensure their home is protected. Threats of eviction can put all of this into jeopardy, so it is crucial that Texas renters understand the basics of the eviction process. Below are some important clarifications.

    1. You cannot just be tossed out on the street. To be lawfully evicted, landlords must give proper notice to a tenant who is unlawfully using or in possession of a rental property.
    2. Evictions will typically stem from certain violations. This can include failure to pay rent, engaging in illegal or undesirable actions or violations of specific lease terms, such as smoking or having a pet.
    3. After you receive notice, eviction is not immediate. You may be able avoid the eviction by remedying the violation that sparked the action. For example, you can pay unpaid rent or relocate unapproved pets or guests.
    4. Even if you can’t or won’t correct bad behavior, you still have three days from the time you receive notice to move out, in accordance with Texas eviction laws. However, you may have more or less time if you agreed to such a period in a lease.
    5. If you still have not vacated, then a landlord can file a lawsuit for forcible entry and detainer against you. If legal action is successful, law enforcement agents can come to your property and remove you.

    As you can see, you still have rights as a tenant, even if you are facing eviction, and the process doesn’t happen overnight.

    However, it is generally not in anyone’s best interests to just hope for the best or do nothing when an eviction notice is filed. Tenants and landlords would both be wise to consult an attorney to assess their legal options and rights. Based on the details of an individual case, there can be ways to resolve a dispute without having to go to court and without having to lose a home.

  • What are the elements of a negligence claim?

    What are the elements of a negligence claim?

    When people talk about car crashes and lawsuits seeking damages, the word “negligence” will almost inevitably come up. This is because most claims filed in the aftermath of a motor vehicle accident are against a driver or other party accused of being negligent.

    From the context, you likely understand that negligence has something to do with dangerous behaviors. However, if you are going to file a lawsuit, specificity is crucial. With this in mind, readers should understand some of the  finer points of negligence and how they relate to a legal claim.

    A duty must exist

    In order for a driver to be considered negligent, he or she must owe a duty of care to the injured party. This duty is a legal obligation to use reasonable care to prevent harmful situations. Any driver on Texas roads owes a duty to other motorists.

    Someone must have breached that duty

    A driver is negligent if he or she breaches the duty to exercise reasonable care. This can include drinking and driving, speeding, running through red lights, using a cellphone while driving, and virtually any other behavior that strays from reasonable care to prevent harm.

    The breach caused foreseeable harms

    The breach of duty must be the cause of injuries reasonably foreseeable by the defendant. If the cause of injuries is more remote or were not foreseeable, a negligence claim may not be supported.

    The conduct in question must have caused damages

    If no one is injured as a result of unsafe conduct, a negligence claim would not be filed.

    The importance of each element

    As you can see, the legal concept of negligence is more nuanced than you might expect, and you will need to establish each element in order for a claim to be successful.

    With all this in mind, we urge readers to take seriously their option to consult a personal injury attorney after a serious car accident. There could be significant damages on the line, and without a legal background and experience, you could wind up making costly mistakes and missing out on a successful claim.

  • Tenants: Learn these signs of a problematic contract

    Tenants: Learn these signs of a problematic contract

    Landlord-tenant agreements should always be in writing. That said, just because there is a contract does not mean that the contract is wrinkle-free.

    Landlords sometimes are inexperienced. Sometimes they do not realize when a contract runs afoul of what is permissible. Other times, they outright are trying to exploit tenants, even if doing so may be legal. If you are renting a house or apartment, here are a few red flags to look out for in your contract.

    Oral agreements not included

    Say that you and your prospective landlord negotiated the rent and agreed the landlord would pay for water, sewer and electric. However, the rental agreement does not say so. Put all oral agreements into writing to be safe.

    Contradiction of HOA regulations

    If a tenant lives in a property governed by a homeowners’ association, the rental agreement should not run afoul of HOA regulations. In fact, it is a good idea for tenants to have a copy of HOA regulations to compare with the contract. This could become an issue with, say, pets. Perhaps the HOA limits each condo to two pets under 30 pounds, but the rental agreement leaves out the weight requirement. A tenant who was unaware of HOA regulations could potentially get into trouble.

    No guidelines for how to pay and no grace periods

    Clear, easy-to-enforce agreements spell out when rent is due. For example, if you, as a tenant, mail a rent check on the due date, is it considered on time as long as it is postmarked on the due date? Contracts should also clarify grace periods and any fees for paying late.

    When you a sign a contract that skips over these terms or is vague on them, you could be setting yourself up for hefty fines if you miss a payment or are late on one. An attorney can help you determine if this or tohers issues in your contract are legal.

  • Jury hands massive award to victim of bad faith

    When something bad happens and damages your home, you can be left feeling quite upset. Things can be even worse if the damage is so bad that you have to leave your home. The only source of comfort you might have is the assurance that your homeowners’ insurance will cover the cost of repairs.

    This is why it can be especially distressing if your insurance company wrongfully denies your claim or refuses to pay the full amount you are owed. In these situations, it is important that you not lose hope. You can take legal action to collect the money you need and deserve. This is what one homeowner did, and he was recently awarded $1.3 million.

    The situation started with a burglary in the man’s home. The burglar evidently broke in and then tried to erase any video surveillance that may have been recorded by leaving the bathtub faucet on and flooding the home. There was no video surveillance to begin with, but the water caused more than $100,000 in damage.

    A police report was filed and the man and his five kids had to move out of the house so repairs could be performed. 

    The man’s troubles had only just begun, unfortunately. According to reports, his insurance company started a fraud investigation, despite having no evidence of fraud, and then refused to cover the proper repairs. Instead, the company only paid for minimal work.

    The homeowner filed a lawsuit, and the case went to trial where a jury awarded the man $1.3 million. The $300,000 awarded was for compensatory damages and $1 million was for punitive damages resulting from bad faith practices by the company.

    This case serves as a good example of how effective it can be to hold an insurance company accountable when they engage in wrongful denials or delays. Instead of just paying what a policy covers, insurance companies may try to shortchange homeowners in an effort to protect their bottom line. As this case illustrates, that can be a costly mistake.

    If you feel you are the victim of bad faith insurance practices, then investigating your legal options with an attorney can prove to be a valuable decision.

  • Even in minor slip-and-fall accidents, injuries can be severe

    Even in minor slip-and-fall accidents, injuries can be severe

    Take a moment and think about the last time you or someone you know tripped and fell in a public place. There is a very real likelihood that no one was seriously hurt, and the only thing damaged by the incident was the person’s pride. 

    However, that does not mean that every slip-and-fall accident is going to be one that you might laugh about while you walk away. In fact, many of these accidents lead to incredibly painful, chronic injuries that plague a person long after the incident. Below are some examples of the very serious damage that can be done in a slip-and-fall accident.

    1. Broken or fractured bones
    2. Concussions and/or brain trauma
    3. Spinal cord damage
    4. Sprained ligaments
    5. Strained muscles
    6. Chronic back pain
    7. Joint pain
    8. Mobility issues

    These are just some of the injuries that can be caused by a slip, trip or falling accident. There are others that may not be as severe, but they can still compromise your health add to the difficulty of recovering from more serious injuries.

    In some cases, you may not even realize the true extent of your injuries for a couple days or weeks. You might discover that bruises, aches or mental deficiencies are not healing; in some cases, they can just be getting worse and worse as time goes by.

    With all this in mind, we want to encourage readers not to dismiss injuries suffered in a falling accident. Even if they seem minor at first, it does not mean they are minor injuries that will just go away on their own.

    For this reason, we encourage anyone who has been hurt in a slip-and-fall accident to seek medical attention, even if it seems unnecessary. Should you discover that your injuries are, in fact, serious, you can also talk to an attorney about your options for pursuing compensation by filing a premises liability claim against a negligent party. Recovery can be more difficult than you expect, but with the resources you deserve, you can get back on solid ground.

  • Texas tenants: what you need to know about retaliation

    Texas tenants: what you need to know about retaliation

    One of the biggest fears Texas tenants have when they are leasing residential space is that they could lose their home if they get in a dispute with the landlord. However, there are protections in place that prohibit landlords from retaliating against tenants for various reasons.

    In other words, landlords cannot take negative action against tenants for unlawful reasons. If you are a tenant, knowing what these reasons are will give you confidence that you can protect yourself without risking eviction.

    According to Texas laws, a landlord cannot take negative action against a tenant who:

    • Requests that a landlord complete repairs
    • Reports building or housing code violations to government entities
    • Attempts to enforce the terms of a lease agreement
    • Organizes or participates in a tenant group or association

    These are all lawful, protected actions that tenants are allowed to take without having to face consequences from their landlord for six months.

    These consequences include cancellation of lease, increase of rent, decrease in services, filing of eviction papers or interfering with the tenant’s rights. Engaging in any dishonest or misleading action in response to a tenant’s exercising of his or her rights is also prohibited.

    What all this means is that tenants have the right to report violations and hold a landlord accountable for lease terms without fear of losing their home in retaliation. However, sometimes it is not clear if certain actions are retaliatory or not, or if certain tenant actions are protected or not. 

    Because of this, it is wise for a tenant to discuss with an attorney any concerns or questions about their rights and legal protections, should a dispute arise. Disputes between tenants and landlords can become quite contentious, and tenants often feel at a disadvantage. However, with legal guidance, Texas tenants can protect themselves and their home.

  • Homeowners: Prepare your home and yourself for spring storms

    Homeowners: Prepare your home and yourself for spring storms

    Spring is here, and with that comes warmer — and stormier — weather. This means it’s a good time to make sure you and your home are ready for the ravages of Mother Nature. Being prepared can help you minimize the damage and hopefully make it through the season unscathed.

    Below are some basic storm readiness steps you may want to tackle before we get too far into the season. They are all fairly simple measures, but they can be incredibly effective at protecting your home.

    • Examine the trees around your home. Trim back any big branches that could fall or hit your home in high winds.
    • Replace broken shutters.
    • Repair sections of the roof that are loose or leaking.
    • Clean out your gutters.
    • Make sure downspouts are clear, in good shape and directed away from the house.
    • Assess the land around your home and consider re-sloping if water is settling toward your house.
    • Fix or replace broken windows.
    • Seal or reseal any holes around windows, doors and pipes.

    Taking the time to do these things can protect your home and minimize the damage done in a tornado or other serious storm. It can also provide you with some peace of mind and confidence that your home is protected from the elements.

    Unfortunately, there is no way to protect your home from all weather-related damage. Despite reasonable efforts, high winds can pull off roofs; heavy rains can cause flooding; lightning can cause fires; large hail can dent just about any surface it hits. In these situations, insurance should cover the damage and make it possible to repair and rebuild.

    However, if your insurance company refuses to cover storm damage or keeps delaying your claim, you may benefit from taking additional steps to protect yourself and your home. For instance, filing a legal claim against an insurance company engaging in bad faith actions can help you recover the money you deserve for unlawful insurance practices.