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  • What to Do After Discovering a Delayed Car Accident Injury

    Car accidents often result in emotional and physical trauma. But some car accidents don’t cause visible bodily harm. Instead, they inflict damage that occurs days, weeks or even months after the accident occurred. Even if your injury occurs after the accident, it’s important to receive medical attention and to then contact an attorney to discuss filing a claim.

    The Many Types of Delayed Car Accident Injuries

    About 6 million car accidents happen in the United States each year. Injuries sustained from these accidents don’t always show symptoms immediately. In fact, whiplash, the most common car accident injury, can show symptoms weeks after the accident occurs. Other types of delayed injuries include:

    • Bone fractures
    • Internal bleeding
    • Head injuries such as concussions
    • Back injuries such as disk issues
    • Soft-tissue injuries
    • Shoulder and wrist injuries

    What Steps Should You Take Next?

    Most of these injuries will result in pain. However, if you experience bruising, swelling, bleeding or other symptoms that are out of the ordinary, it’s time to take action.

    • Seek medical attention. Make an appointment with your physician or visit the emergency department if your symptoms are unbearable or require immediate attention. Your physician will conduct an exam, order testing and decide what steps should be taken for your health.
    • Reach out to an attorney. After you receive the medical care you require, reach out to an attorney for a consult regarding your accident. Even if you didn’t contact an attorney when the accident occurred, you might still be eligible for compensation for your injuries.
      If another party caused your accident, your attorney will help you gather evidence—such as the accident report, medical records and any witness testimonies—to support your claim. If you can, gather as much information upfront as possible to help streamline the process.

    Find an Attorney Who Specializes in Personal Injury Law

    You should consult with an attorney who focuses on car accidents and personal injury law. Your attorney will be able to guide you, suggest next steps to take and decide whether or not your injuries call for a personal injury case. For more information or for answers to your questions, reach out to the attorneys at Fell Law Firm today.

  • Common Reasons to File a Commercial Insurance Claim

    Common Reasons to File a Commercial Insurance Claim

    Commercial insurance for your business is critical, even if you hope you never have to use it. From small businesses to large corporations, commercial insurance protects you from disasters and events that are out of your control. Believe it or not, these claims are filed more often than you think and have saved numerous businesses from closing their doors for good.

    How Often Do Businesses File Commercial Claims?

    According to The Hartford, more than 40% of small businesses will need to file a commercial claim in the next 10 years. And according to Insurance Journal, 75% of businesses in the United States are underinsured by at least 40%. This means that 75% of businesses don’t have the coverage they need to avoid disaster should an event occur.

    Top 3 Reasons to File a Commercial Insurance Claim

    The most common reasons to file a commercial insurance claim showcase the need for sizable insurance. Out of all the types of commercial insurance claims, these three are by far the most common:

    1. Burglary and theft: Known as the most common claim, around 20% of commercial claims are related to burglary and theft. Oftentimes, theft occurs at the hands of angry employees or customers, however, that’s not always the case.
    2. Water damage: Around 15% of commercial insurance claims are related to water and freezing damage within a business. Known for being quite costly, these occurrences can cause businesses to close for long periods of time, halting business and profit.
    3. Wind and hail damage: Wind, hail and other damage cannot be controlled. And approximately 15% of claims involve wind or hail damage. Depending on the severity of the damage, your business might suffer closure until the damage can be repaired.

    What Happens If My Insurance Claim Is Denied?

    Some insurance companies will attempt to undervalue claims or wrongly deny payment for various reasons. If you’ve filed a claim that has been denied, there’s more you can do. If your insurance claim is denied, it’s best to reach out to an attorney skilled in bad faith insurance claims and commercial claims. To get help with your denial, contact the attorneys at the Fell Law Firm today.

  • What Are Your Landlord Responsibilities in Texas

    In the current, tight housing market both tenants and landlords question what obligations and rights they have when temperatures drop. Winters have become more unpredictable, colder and wetter across Texas, adding to landlords’ compliance duties.

    Seasonal changes put both landlords and tenants on heightened alert about safety and comfort during abnormal weather conditions. Weather disasters also created a shortage of livable housing. There are more people competing for limited housing which affects rents, the quality of tenants and increases wear and tear on properties. Despite current market conditions favorable to landlords, landlords must remain careful to comply with the laws.
    What Are Landlords Legally Required to Do?

    Landlord Responsibilities

    As a landlord, the laws require that you keep rental properties “livable.” That means that you must repair or keep the mechanical, safety, and other essential structures and parts of a rental home in working order, despite inclement weather or conditions. Examples of such structures and systems are:

    • Heating systems
    • Plumbing systems
    • Electrical systems
    • Pest control, disease and safetyYou must keep the property at a minimum temperature and make sure that all systems function safely. As a landlord, you can make limited, random inspections, evict destructive and non-paying tenants and determine how best to make certain repairs. However, you must comply with existing laws and regulations.

    What Should You Do to Avoid Tenant Problems?

    You should always have a written lease or rental agreement in place. This agreement, or contract will govern and resolve the majority of any problems that come up with tenants if it is drafted properly. An attorney will ensure that the document follows all applicable laws.

    Comply with all anti-discrimination laws in advertising and selecting and rejecting tenants and on your application.
    Understand the legal reasons you can reject applicants such as bad credit history, negative references from past landlords, past payment history or criminal problems.

    Make sure you know the very specific state and local rules on raising rents, eviction notices, required disclosures, eviction process, and security deposits.
    Provide habitable housing that meets temperature rules, is safe and has functioning water and sewer systems.

    Always sign a written agreement that details the rental or lease terms, including the length of the lease and the monthly payment.
    Don’t retaliate against tenants exercising their legal rights or intentionally withhold timely repayment of security deposits.

    What Rights Do Tenants Have if You Don’t Fix Things?

    The law requires that property is maintained at a minimum level and imposes a “warranty of habitability” on the property. If the landlord refuses to fix or provide services that are essential to making a rental home “livable,” tenants have rights that may cost you more in the long run.

    In some situations, tenants themselves can make repairs that restore habitability and then, legally deduct the cost from the rent payment. If your inaction causes other, more serious consequences, you could find yourself a party to a civil lawsuit or face penalties from state regulators.

    Need Help? Call Our Firm Today.

    Have a rental in Texas? Consult with one of our experienced landlord-tenant attorneys before a problem with a tenant escalates. Call us at 972-450-1418 or connect with us online.

  • In Texas, Whose Insurance Pays After a Car Accident?

    Car accidents can lead to anything from minor vehicle damage to life-changing personal injuries. No matter how a person has been affected, they usually have one simple question:

    “Who pays?”

    The answer can be complicated. It depends on who is at fault for the accident, as well as the type of insurance carried by both drivers.
    If a person is at fault for a car accident in Texas, they are responsible for all personal injury and property damage for themselves and anyone else who was involved. That’s why the law requires everyone to carry a minimum amount of liability insurance. The law says that you should have at least $30,000 in bodily injury coverage for each person, up to $60,000 per accident, as well as $25,000 for property damage. (Insurers sometimes call this 30/60/25 coverage.) If the damage caused by the accident is more than this amount, the at-fault driver may be personally responsible for additional costs.

    Determining Fault in Texas Car Accidents

    But who is the at-fault driver? Answering this question can be tricky. In many car accidents, both drivers believe the other driver was at fault. Both drivers may also be partially responsible for what happened.
    Fault should only be determined after detailed and careful investigation by experienced professionals. The professionals will use evidence, including:

    • Police report
    • Photographs of vehicle damage, injuries and the scene of the accident
    • Witness statements
    • Accident reconstructions

    Medical records
    After reviewing the evidence, the other driver’s insurance company may admit or deny fault. Ideally, the other driver’s insurance company will admit fault and make a reasonable settlement offer. If they do not, getting legal help is key to recovering the right amount of compensation.

    Personal Injury Protection (PIP)

    In some cases, your own insurance company may cover expenses related to your personal injuries so that you do not need to rely on the other driver’s insurance coverage. A special kind of insurance called Personal Injury Protection (PIP) will cover 100 percent of necessary medical, surgical and dental expenses after an accident, from hospital stays to nursing care. It also covers injuries to the passengers in your car, as well as lost income from missed work. The insurance company will pay up to the benefit limits of the PIP coverage.

    Learn Who Will Pay After Your Accident. Talk With an Attorney.

    Of course, each situation is different. Talking with an attorney is the best way to know for sure who will pay. If you need help taking action after a car accident, reach out and talk with a personal injury lawyer at The Fell Law Firm. Just call us at 972-450-1418 for a free consultation.

  • When Your Insurance Company Doesn’t Treat You Fairly

    When you buy insurance for your business or for your home or car, you expect your insurance company to honor the terms of your policy. If you pay for insurance protection, you expect the insurance company to pay when you must make a claim. The concept is simple and straightforward—until the insurance company flexes its muscles and denies payment.
    This happens more often than people realize. It happens in both commercial and personal claims. And, in either case, the insurance company is often acting in “bad faith.” This is a legal concept that means you are not being treated fairly by your company.

    Examples of Bad Faith Behavior

    Under most states’ laws, the insurance company owes you a duty to act in “good faith.” It cannot look for ways to escape its obligations that it agreed to, in a policy for which you’ve paid. Nonetheless, many companies consistently and intentionally do the following types of things to avoid paying on claims:

    • Deny coverage without a valid reason or offer only a small fraction of what your case is really worth
    • Withhold information from you that helps you recover
    • Fail to conduct a proper and timely investigation into the cause of an accident or basis for a claim
    • Neglect to pay a claim within a reasonable time or provide an explanation for the delay
    • Fail to simply confirm coverage, disclose policy limits or respond to a demand for payment

    What Legal Options Do You Have?

    In many cases, just getting a lawyer involved increases the chances that the insurance company will stop taking advantage of you and either start negotiating or pay up. This behavior happens often in disability claims, damage to commercial buildings and in homeowner claims after natural disasters.
    Even though insurance companies have strong and effective lobbies that seek to limit your rights as policyholders, the courts often protect you—the policyholder—if you have to file a lawsuit. Depending upon the facts of your case, the investigation, the coverages and other factors, your attorney will come up with a strategic plan targeted to get them to honor the terms of your policy.

    Contact Us if Your Insurance Company Is not Being Fair

    Our Texas attorneys have experience handling bad faith insurance claims. Schedule a consultation with us to discuss your case and how we can help you. We’ll review your policy and determine how best to protect your rights under your policy. Call us at 972-450-1418 or contact us online.

  • Filing a Commercial Insurance Claim After a Business Burglary

    A study completed by a prominent insurer uncovered a surprising fact: four out of 10 small businesses will likely file commercial insurance claims in the next 10 years. The study predicted that burglary or theft would be the most likely reasons for the claims. Burglary and theft claims make up about 20 percent of all commercial claims.
    Hopefully, your business is never burglarized or becomes the victim of any other type of theft. But, problems can spring up when you least expect them. That’s why carrying the right insurance coverage and working with the right law firm can be critical to your success.

    What to Do After a Business Burglary

    If your business is burglarized, the first step is to call the police to file an official report. You’ll need the report to file an insurance claim. But the police can help you in other ways, too. They can examine the scene for evidence and interview potential witnesses. Keep in mind, however, that most property that is stolen from businesses is never recovered in sell-able condition.
    The police can also help you secure your store, so you do not experience further losses. You’ll want to make temporary repairs to any broken windows or locks (but wait to talk with your insurer before making expensive permanent repairs). If your security system has been taken offline, you’ll want to reset it as soon as possible. It’s also advisable to make a detailed list of everything that was stolen so that you know the extent of the damages your business has experienced.

    Deciding Whether to File an Insurance Claim

    After talking with the police, talking with your insurance company is the next step. However, many business owners worry about filing a claim. They do a cost-benefit analysis and determine that the items stolen were worth less than the deductible. They also worry that their insurer will raise rates or drop them if they file a claim.
    These are valid points. However, you carry commercial insurance precisely so that you are covered in the event of burglary, theft or other losses. If you don’t file now, you’re never gaining the benefit of something that you pay for every month. Further, the expenses of fixing the damage and replacing stolen goods could be more than you’re currently estimating. The average theft or burglary claim is $8000.

    What if a Your Insurance Claim is Denied?

    Hopefully, your insurer pays the claim without any hassle. But, there are many reasons that insurance companies deny business burglary claims—and not all of them are legal. If you suspect that your insurance company isn’t acting in good faith, it may be time to talk with a lawyer. The attorneys at The Fell Law Firm can help with denied insurance claims.
    To talk with an attorney at The Fell Law Firm, just call 972-450-1418 for a free and confidential consultation. We can help you weigh your options and protect your business.

  • What to Do After a Hit-And-Run Car Accident

    A hit-and-run car accident can leave you reeling. Not only are you injured and your vehicle damaged, but the person responsible has fled the scene. What should you do?
    At the Fell Law Firm, we often talk with people who were injured by drivers who left the scene. Here are some things we tell them. Of course, every situation is different, so you’ll want to talk with a lawyer about your exact circumstances.

    At the Scene of the Hit-And-Run Accident

    If another driver hits your vehicle and then leaves the scene, it’s normal to feel jittery and overwhelmed. The first thing you should do is consider your personal safety. If you can do so without putting yourself at risk of further injury, pull over to the side of the road and out of the way of traffic.
    Once you’re parked, call the police immediately. Tell them what happened. The police should come to the scene and complete a police report. Help them by sharing as much information as possible—including any details about the make and model of the other car that you remember.
    Many people tend to minimize the amount of pain they feel after a car accident. Sometimes, they are feeling too much of an adrenaline rush to notice. Other times, they want to be strong or they don’t want to be a bother. Make sure that you tell the police if you are in pain and accept any medical attention. Even if you don’t leave the scene in an ambulance, you’ll want to get a medical exam as soon as possible.
    While at the scene, get the names and contact information of any witnesses, take pictures and notice your surroundings. You may need this information later when you talk with your insurance company.

    Insurance Considerations: Compensation May Still Be an Option

    Even though the other driver has left the scene and likely won’t be paying for damages, your own insurance company may cover the costs of vehicle repairs, hospital bills, missed work and other expenses. All insurance companies are required to offer something called uninsured motorist coverage/ underinsured motorist coverage (UM/UIM) to all drivers. The insurance covers you in hit-and-run car accidents or accidents in which the other driver isn’t well insured. If you decided not to carry this coverage, you would have had to reject it in writing.
    If you do have UM/UIM insurance, you’ll want to follow your insurance company’s steps for filing a claim. It’s likely that you’ll have to pay a deductible. But, once you do, insurance will cover other expenses. And if you run into trouble with the insurance company? Don’t hesitate to contact an experienced personal injury attorney. The attorney can help you take effective action to get the compensation you need and deserve.

    What if You Weren’t There at the Time?

    Often, hit and run accidents happen when nobody is around. For example, when a driver negligently hits your parked car and then takes off before anyone notices. In situations like this, UM/UIM insurance should still cover the damage. You’ll still need to file a police report to file a successful claim. Make sure you do this as soon as possible.
    If you need help taking action after a hit-and-run, reach out and talk with a personal injury lawyer at The Fell Law Firm. Just call us at 972-450-1418972-450-1418 for a free consultation.

  • Bad Faith Is Also a Tenant-Landlord Issue

    The matter of bad faith is most commonly discussed in terms of insurance policies on this blog. Bad faith actions, however, leak into various other aspects of Texans’ lives. This includes in the lives of landlords and tenants. For instance, the management of a rental security deposit is a common source of bad faith activity.
    The relationship between landlords and tenants is generally rooted in a rental contract. If at some point it seems one party in the relationship is going against the contract’s terms, parties might need legal help to prove or disprove bad faith behind the problem.

    How Can You Identify Bad Faith?

    The legal definition of bad faith is, “intentional deception, dishonesty or failure to meet an obligation or duty.” Identifying bad faith, then, depends on the party we are talking about. A tenant has specific obligations related to security deposits. Landlords have their own set security deposit duties.

    Landlords Have Rights to Protect Their Businesses

    Landlords could go by another name: business owners. They rent and run their properties to earn a living. Laws exist to protect them from tenants whose bad faith and/or negligent actions could decrease the value of their property and threaten their livelihood.
    Tenants can expect to lose some or all their security deposits if they do not act according to the terms of their lease, including the care for the property before moving out. The following are reasons why a landlord could keep security deposit funds:

    • Rent and utility payments were not current.
    • Lease was terminated earlier than contract defined.
    • Excessive cleaning and repairs are necessary to rent out property to new tenant.

    If a landlord keeps security deposit money for one or more of the above reasons, the landlord is obligated to inform the tenant in writing, generally within 30 days. If deposit funds are kept for alleged property damage and necessary cleaning, the landlord needs to note the circumstances in as much detail as possible, even through pictures.

    Tenants Have Rights to Protect Their Money

    Just as landlords deserve a fair shot at preserving their business, tenants have rights, too. And there are landlords in Texas who wrongfully hold onto security deposits because it seems like an easy way to pocket some extra money.
    Tenants should not naively assume that a landlord will act according to the law or to the terms of their specific contract. They should understand each detail of their lease agreement, particularly the terms of their security deposit and its return to try to avoid expensive surprises.
    If a landlord doesn’t return some or all of a security deposit, tenants should expect that written notice of why the money was kept. They deserve that knowledge, as well as a chance to respond.

    Attorneys Can Help Identify Bad Faith

    Whether you are the tenant or the landlord in a contract dispute scenario, you need help. Matters of bad faith and other business contract dilemmas are complicated. Contracts exist for a reason, usually to protect the interests of all parties involved. Let an experienced legal team help discern if and where a breach exists and aid you in moving forward with the money you deserve.

  • Life Insurance Denial Creates Stress in an Emotional Time

    Following the loss of a loved one, you are living in a new world. It is a world without that long-time companion. It is a world without your spouse, a world without the father of your children. And at a more logical level, it is a world without a primary income earner.
    Life insurance is supposed to be an aid in the transitional and emotional time of major loss. When making an insurance decision and purchasing a plan, the issue feels strictly financial. Can you afford the monthly payments? What kind of insurance should you/your family buy?
    When your loved one dies, however, everything—including insurance—can hit you in a more personal way.

    The Money You Need (and Are Owed) Is Being Withheld

    After you lose someone, it seems natural to step back, rest and dwell in your feelings. Through the sadness and fear, however, you must push on to address post-death formalities. Planning a funeral, for example, could be the most daunting task you face.
    You must organize a very important ceremony to honor your loved one while grieving. Funerals can be expensive, however, requiring the funds that a life insurance policy can supposedly provide. According to the National Funeral Directors Association, the median cost of a traditional funeral with a viewing in 2016 was more than $7,000. This cost doesn’t include a grave stone, either.
    Many people do not have that much money readily available. They believe that is why they invested in a proper life insurance plan. When your insurance provider denies your life insurance benefits, not only are you left grieving your loss, but you are stressing out about how to afford an honorable funeral and resting place for your family member.

    Don’t Just Accept Life Insurance Denial Out of Vulnerable State

    Out of vulnerability and inexperience in such matters, some who face the denial of life insurance benefits might shy away from fighting for their money. Thankfully, talking to a law firm experienced with bad faith insurance claims can instill some bravery through knowledge to a victim of insurers acting in bad faith.
    An attorney helping you fight for your insurance benefits will try to spot and combat bad faith amid the following common denial reasons:

    • The insurance premiums were not paid or current.
    • The deceased died due to suicide less than two years after the purchase of the policy.
    • The person subject to the life insurance claim lied about their health in order to be insured.
    • The deceased lost his or her life while breaking the law.

    Insurers might represent themselves as though they are certain about any of the above scenarios. They can make you feel hopeless. Don’t let them.

    Get Help, Protect Your Rights, Honor Your Family

    The above claims for denial don’t just pack a potential financial punch, but they can be an emotional punch to the gut of someone trying to grieve, make funeral arrangements and afford a normal life after someone special is gone. A legal fight for insurance benefits can seem overwhelming and insignificant when faced with mourning. Contact The Fell Law Firm. Let a legal team fight beside you against bad faith insurance tactics.

  • Commercial Insurance and its Role in Securing Your Business

    If you are a small business owner or just starting out, budgeting funds to pay for a liability insurance policy is essential. Being the quintessential optimists that most Americans are, we like to think that nothing will ever go wrong and if it does, we can fix it. While optimists keep the world moving forward, the realistic ones still buy insurance.
    The best-case scenario is when you never need to use an insurance policy. But you should always have insurance to cover the variety of claims that can hit any business at any time. Here are some examples of the most common kinds of claims you can face while running a business.

    Burglary and Theft

    Surprisingly, burglary and theft account for the majority of claims that businesses file. A broad range of incidents fit into this group of claims, but many of these cases involve an employee or contractor theft. The people you’ve trusted the most can often be the ones who cause you the greatest grief.

    Weather-Related Damage

    Given the extreme weather that’s been happening all over the world over the last decade, not insuring for weather-related damage can be fatal to your business. While you should insure against the catastrophic weather events, even the small events can be a major drain on a business.
    Having to pay for a roof damaged by snow, ice or hail on commercial property can cost in the hundreds of thousands of dollars. You may also sustain significant damage to office equipment, materials and inventory. If a roof collapses during working hours, employees could be injured or killed.

    Fire Damage

    Even though fire is one of the most common causes of property damage, few people appreciate how quickly a fire can spread and how destructive it can be. It’s not just the fire itself that causes losses. It’s the damage the smoke causes, the loss of personal property and the unavoidable water and access damage that firefighters cause when trying to put out the blaze.

    Injuries to Customers and Visitors

    Believe it or not, these accidents account for many liability insurance claims facing businesses. Even if you are safely ensconced in an office building that takes care of the parking lots, sidewalks and common areas, a customer can still slip and fall inside your office.
    If you own your own building or have customers meet you at a home office, you are even more likely to have a slip and fall or another kind of claim for injuries at some point.

    We Can Help if Your Insurance Company Won’t Pay

    While most business owners understand the need for insurance, and do purchase it, the insurance companies may be reluctant to pay a claim right away. If you are having difficulty getting your insurance company to pay your claim, we can help.
    We offer a free initial consultation to discuss how to get your insurance company to pay. We accept bad-faith insurance cases on a contingency fee basis. Call us toll-free at 972-450-1418972-450-1418 or contact us to set up an appointment.