The 2017 statistics from the Texas Department of Transportation indicate that there are more distracted drivers than ever causing accidents. Almost one-in-five crashes involve distracted driving. Despite the awareness campaigns, this rate hasn’t decreased in three years.
These statistics mean that everyone else must drive as defensively as possible. Yet, when you are legitimately stopped at a red light, there isn’t much you can do to avoid a rear-end collision when a texting driver in your rear-view mirror doesn’t even see you.
If you’ve been injured by a texting or otherwise distracted driver, we can help you recover compensation for your injuries and losses and obtain justice for you. (more…)
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Distracted Driving Accidents Are on the Rise
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3 Signs Your Insurance Company Just Wants You To Go Away
Insurance companies often foster reputations for being less-than-generous or downright stingy. Unfortunately, you can’t entirely foresee how some businesses will treat you when you turn to them for help, including your insurance provider. It’s not until you must make a claim that you find out how accommodating—or not—your insurer really is.
Signs You Need a Lawyer to Help With an Insurance Claim
Here are some examples of situations where hiring an attorney can help keep the insurance company from taking advantage of you while you are desperate, ill or grieving.
- Rejecting your claim: Certain companies reject more legitimate claims than others. Oftentimes, only an attorney who understands the laws that companies must follow in order to operate in Texas can convince the company to reconsider its harsh insurance claim denial without facing a lawsuit.
- Paying your claim slowly or paying only part of your claim: Another way that insurance companies can hang onto their money is to delay your payments for months or pay less on each payment that they are supposed to make. They know that most people have neither the time nor the resources to follow up time and again when they do not receive the promised amount, or they don’t send the payment on time.
- Failing to investigate your claim: The longer it takes an insurance company to investigate your claim, the more likely it will be that the investigation will come out in their favor. Evidence gets lost, witnesses disappear, and claimants even die, often making a claim worth less than when the claimant was living. As cruel as this sounds, it happens often. Hiring an attorney as soon as possible can prevent your claim (and the evidence that documents your case) from getting washed away or gathering dust on an adjuster’s desk.
Don’t Become a Victim of Your Own Insurance Company’s Bad Behavior
We understand that what you’ve just experienced to file an insurance claim can overwhelm you. The small print in your insurance contract is overwhelming, too. Don’t be afraid to pick up the phone and ask us for help. Let us take the burden of dealing with your insurance company off your shoulders.
Make one call to set up an appointment and we’ll talk it through with you. -
Avoiding Landlord-Tenant Issues Starts During House Hunt
In the current, tight rental market in most major cities across the country, renters must be extra vigilant during their search for a home. You are competing with more and more people who choose to rent, rather than buy, and new construction still lags demand.
Regardless of the competition, don’t rush into signing a lease because of market pressure without taking important precautions. Here are some important things to keep in mind while you search to help you prevent any problems with your landlord in the future.Repairs
Take a careful and measured look around the property, both on the inside and the outside. You’ll be able to get a pretty good idea of how well the property owners maintain it and how long it takes them to address urgent repair work and general maintenance. Ask yourself the following kinds of questions:
- Are the stairs, exterior walls, parking lot and sidewalks, green spaces and the roof in good condition?
- Are there enough parking spaces for all the tenants in the building, and are they well-lit and without cracks and potholes?
- Are laundry facilities in working condition and in a safe location in the building?
Locks and Security
Observe the condition of hallways, windows and entrances to other units. Try to talk to some of the other tenants and ask what their experiences have been with the landlord and property manager. Safety and security include maintaining a healthy environment as well. Consider these security-related matters when choosing your residence:
- Pest and odor control and how often it is necessary to keep rodents, insects and bedbugs under control
- How often petty criminal incidents (car break-ins in the lot and vandalism within the property) occur
- Whether anyone has ever been assaulted, raped or mugged in the area near the building
Inspect the Exact Unit You Will Rent
Property managers often will show you a model unit rather than the one they are offering for rent. It’s often true that the unit you may be considering will not be as nice as the model unit. Never sign a lease without seeing the exact unit in which you will live.
Inspect and test all these aspects of your potential rental to avoid hardships with your landlord after moving in:- The oven and cooktop, garbage disposal, fans and vents
- Refrigerator, furnace, air conditioning, hot water, toilets and drains
- Doors and drawers and if they function properly,
- Evidence of pests or infestation
- Security and safety of doors and windows
Take a notepad with you when you view a property and make notes. Try not to commit on the spot even though the market is moving quickly. Get any promises to fix things in writing and don’t give a deposit or sign the lease until the landlord follows through.
Try to Resolve Problems Before Signing a Lease
If you are a landlord or a tenant, you can help prevent problems before they happen. Be clear and honest when dealing with one another to ensure a professional relationship throughout the lease term.
We can help you resolve disputes and avoid protracted, costly and often unproductive litigation. Give us a call at 972-450-1418 to discuss your situation. We’re here to help. -
3 Ways Landlords Can Prevent Problems Before They Occur
Landlords can take certain steps to prevent problems before they occur—or at least to minimize the impact. It’s hard to prevent trouble completely, but there is a great deal you can do to protect your interests. The lawyers at The Fell Law Firm have put together a list of steps you can take.
Have the Right Lease Contract in the First Place
While certain statutes and legal precedents apply to landlord-tenant matters, legal disputes often come down to the contract involved. Courts ask: What did the lease say? Did the tenant violate the lease when he or she took a certain action?
Unfortunately, too many property owners fail to take their leases as seriously as they should. They download them from the Internet or copy leases used by other property owners. In doing so, they end up with:- Leases that do not apply to the landlord-tenant relationship.
- Leases that say things opposite of what the landlord intended.
- Leases that are confusing.
The best way to have a contract that means what you intended and that protects your interests is to have your attorney draft one for you. That way, you are sure your lease protects you in the event of trouble.
Make Sure You and Your Tenant Understand the Lease Contract
It is not enough to have a great contract if you and your tenant do not understand it. Understand what your lease means. Talk through the lease with your tenant. Discuss important elements of the lease, like the notice period, subletting and assignment of the lease, and what happens in the event of property damage.
Those conversations will do more than make the lease clear. They will help set both parties’ expectations and serve as a foundation for a landlord-tenant relationship built on mutual trust.Always Proceed With Caution
It is much better to take longer to find the right tenant than to rush and agree to a problematic or unreliable tenant. When looking for a tenant, do your homework. Conduct an interview and background check. Check references. Get a sizable security deposit.
With a thorough approach and a bit of preparation, you can find the right tenant—and form the basis for a mutually beneficial relationship that serves you both for years to come.Despite Your Best Efforts, Conflict May Arise. It’s Time to Talk With an Attorney.
At The Fell Law Firm, we have found that taking proactive measures to minimize the potential for conflict can pay great dividends for our clients. However, it is impossible to protect against all conflicts always.
If necessary, we are fully prepared to protect the interests of Dallas-area landlords in negotiations and litigation. To talk with us about your situation, call 972-450-1418 -
The Most Common Reasons for Commercial Insurance Claim Denials
Commercial insurance protects businesses in the event of property damage from fires, water leaks, vandalism, and other events. It should provide the financial resources for restoring the business to pre-loss conditions while maintaining it during repair.
Unfortunately, many business owners never receive this compensation. Their insurers deny their commercial insurance claims, refusing to pay the proper amount.Top Causes for Insurance Claim Denials
Here are some of the most common reasons that insurers deny commercial insurance claims:
- Alleged delays in filing the claim: Most policies have strict time limits for reporting commercial property damage to the insurer. A delay in reporting can become a reason for the insurer to deny the claim.
- Alleged premium payment lapses: Even a small lapse in payment can become a reason for an insurance company to deny a business insurance claim. Ensuring continuous coverage is key to protecting your business.
- Insufficient documentation: Careful documentation is necessary to establish that the damage occurred. For that reason, many business owners prefer to work with a lawyer from day one. Business owners can get the guidance they need to provide the right information the first time—avoiding any unnecessary delays or denials. (Of course, even when business owners provide the right information, insurers sometimes act in bad faith and say they did not receive it. If this has happened to you, call an attorney.)
- Exclusion clauses: Some business insurance policies exclude certain types of damage, like flood damage, for example. If your policy excludes the type of damage you experienced, your insurer will likely refuse to cover it. It’s critical to thoroughly read and understand your policy before harm occurs.
- Failing to mitigate the damage: Most insurance policies require business owners to take certain steps to limit the extent of the damage. If they allegedly do not, the insurance company may not compensate them for all of the harm done to the property.
Has Your Insurer Denied Your Claim?
No matter why your insurance company denied your commercial insurance claim, one thing is true: it is critical to take decisive action quickly. You only have a limited amount of time to appeal the denial or you may waive your right to take action. Your lawyer will need time to assess the situation and put together a strong argument on your behalf. It is important to act as soon as you anticipate trouble.
We are standing by now to help. To talk with an attorney at The Fell Law Firm in Richardson, call 972-450-1418. Consultations are confidential. -
Denial of Insurance Claims for Losses From Theft and Other Crimes
If your business experiences losses because of theft and your commercial policy covers theft or other crimes, your first call should be to your insurance carrier to learn about your coverage details. Commercial theft insurers can tailor a policy to fit your type of business, so you may or may not have coverage for a specific type of theft crime.
Insurance companies write theft coverage policies to cover crimes such as:
- Employee theft, sometimes called employee dishonesty. These policies often have exclusions, so you will want to check the details carefully. For example, a policy might not cover dishonest acts by a partner or owner.
- Forgery such as bad checks
- Property theft, often referred to as shoplifting in retail environments. Note: This type of coverage can also protect against employee theft of inventory.
- Credit card fraud
- Theft of money and securities
- Burglary or robbery by employees or others
- Computer fraud
- Business identity theft
- Funds transfer fraud
- Counterfeit money
Businesses whose insurance company denied their theft loss claim—even when they have theft insurance—should find out about their options. They could be victims of insurance bad faith.
Issues in Commercial Crime Insurance
It is important to have objective advice about your commercial theft coverage, as there are exclusions that can invalidate your insurance. For example, if you know an employee has committed theft, the insurer would automatically cancel coverage on that employee. Other issues that can complicate a theft claim include:
- Whether you are covered for the time when the theft occurred or when you discovered the loss; these could be two different dates.
- The difference between your employee and an employee of a service provider, such as a cleaning crew or plumbing company. Your employee theft policy would not cover losses resulting from theft by a contractor’s employee.
- Whether the loss is the result of theft or vandalism.
- Having the assistance of a commercial insurance lawyer who understands issues such as these can help you reach the best outcome with your insurance company.
Contact Our Attorneys for Help if Your Business Theft Claim Was Denied
If your insurance company wrongly denied your theft claim, call our law firm for help. We can help you recover your losses. We can also review your coverage to make sure you have the right provisions in your theft or crime policies. Contact our commercial insurance lawyers to learn about your options when an insurance carrier denies your claim.
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A Commercial Insurance Claim Denial Is Not a Cost of Doing Business
If your commercial insurance carrier denied your claim, you are not alone. Businesses regularly lose millions of dollars because of denied insurance claims. Moreover, businesses whose carriers denied their insurance claims lose more than money. They expend time and effort fighting their insurance carrier—time and effort that could be used to run the business.
Common Commercial Claim Denials
Although businesses can insure and submit claims for almost any aspect of their operations, they most frequently experience losses such as:
- Hail damage
- Wind damage
- Tornado damage
- Fire damage
- Commercial fleet damage and liability
- Theft
- Vandalism
When an insurance company denies claims for covered events such as these, the business faces the very loss it was trying to prevent by acquiring the commercial insurance coverage.
Fighting the Commercial Insurance Carrier After a Denied Claim
There is a process for fighting a denied claim. Briefly, when a commercial insurance carrier denies a claim, a business should:
- Review the denial notice to identify the alleged reason for the denial. The most common reasons for denying a claim are lack of timeliness, uncovered injury or loss, suspicion of fraud, and exceeded coverage limits.
- Prepare an appeal. First, review your policy to be sure you have met the criteria for timeliness and you understand any coverage limits and claim procedures. Your appeal should indicate why the event in question should be covered by the policy. Be sure to include any other evidence that was not part of the initial claim.
- Sue the insurance company. If the carrier continues to deny your claim after an appeal, you can sue the insurer in civil court for breach of contract or bad faith.
Contact Our Lawyers for Help if Your Commercial Claim Was Denied
If you chose to sue your insurance carrier after it wrongly denied your claim, you will need to work with an experienced attorney who understands Texas insurance law. Moreover, even if you are not yet at the lawsuit stage of the process, you may wish to seek a lawyer’s advice about your options when an insurer denies your commercial claim.
Fighting insurance companies is time-consuming and expensive when you don’t do it every day. Contact our insurance attorneys for advice and action when a carrier wrongfully denies your claim. -
16 Tell-Tale Signs of Bad Faith Insurance
Texas law requires that insurance companies owe their customers a common law duty of good faith and fair dealing. In addition, state statutes require that insurance companies that sell policies of any kind to:
- Be truthful about facts or provisions of a policy. In other words, don’t say that something is covered when it is not, or vice versa.
- Seek a fair settlement when it is obvious that the insurance company is liable
- Investigate a claim promptly before denying it. Do not just say “No.”
- Explain clearly why a claim was denied
The notion of good faith in Texas is based upon the superior position of insurance companies compared to their insureds. The companies have superior knowledge, resources, and legal firepower that makes it easy for them to obtain and exploit an unfair advantage over their customers. That is why the law requires them to act in good faith—otherwise, they would use their advantageous position to deny more claims and make more money.
Don’t Ignore These Signs of Bad Faith After Filing an Insurance Claim
How do you know if your insurance company is treating you in bad faith? There are many clues that should make you suspicious and send you off to an attorney to learn about your rights. These include:
- Delaying the resolution of your claim without explaining why
- Not investigating promptly and thoroughly
- Not acknowledging that your claim was received
- Not offering a timely settlement when insurance company liability is obvious
- Not notifying customers of policy changes that could have affected them
- Offering or making payments without explaining what they cover
- Not explaining how the company handles appeals
- Not explaining required arbitration
- Requiring too many unnecessary forms from doctors and others
- Not explaining the reason for denying a claim
- Not explaining why a compromise amount was offered
- Withholding or misrepresenting claim information
- Trying to shift liability onto an insured by making untruthful charges such as arson or drunk driving
- Telling the inured that a lawyer is unnecessary
- Trying to discourage claims with threats and abuse
- Misrepresenting the claim’s value
Insurance companies are masters of the strategy, “Delay, deny and defend.” They use tactics such as these to protect their profits and shareholders. However, insureds can fight back by staying alert and recognizing symptoms of bad faith such as these.
Is Your Insurance Company Acting in Bad Faith? Call an Attorney to Find Out.
Contact our lawyers to learn about your legal rights and options if you suspect your insurance company is giving you the runaround. You may be able to make a bad faith insurance claim that could not only obtain a fair settlement amount but also cover your related costs. Call our bad faith insurance attorneys for more information.
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Facts About Fatal Drunk Driving Accidents in Texas
Several fatalities caused by drunk drivers have occurred in Texas recently. In early January, the driver of a Chevy Silverado hit a stopped car, killing the 70-year-old driver. This was the Silverado driver’s fourth DWI offense, according to sheriff’s deputies. The next day, a driver subsequently charged with intoxication manslaughter drove the wrong way and struck another vehicle head-on, killing the driver.
Can Victims of Drunk Drivers Obtain Compensation?
Being sentenced to jail or prison gets the drunk driver off the streets for a while. Paying serious fines could make them think more carefully before they drive drunk again. However, prison sentences do not really help the loved ones of the victims. They not only lost a spouse or other beloved family member but also no longer have the income and support provided by the victim. They suffered significant emotional trauma and grief. Do they have any recourse under Texas law?
Fortunately, families of drunk driving crash victims can seek compensation for their losses with a wrongful death claim. While the money that could be obtained through this type of lawsuit will not stop the grief and pain, it can reduce the stress and anxiety of having to rebuild a life after the wrongful death of a loved one. It can replace lost income, pay for funeral expenses, and in some cases, punish the drunk driver by awarding punitive damages.Legal Issues in Drunk Driving Accident Claims
Such cases are not murder trials. Plaintiffs do not have to prove that the defendant intended to kill their loved one. Rather, they need to show only that the driver was intoxicated and that the accident and death occurred because of the driver’s intoxication. Parents, children and siblings of the victim can bring these civil cases. Sometimes, other dependent family members may also be eligible to file claims.
People injured in accidents caused by drunk drivers can also file personal injury claims to help pay their medical bills, replace their lost wages, and compensate them for their suffering. In addition, victims may also be able to recover if the driver who caused the accident drinking in a restaurant or bar. Under the Texas dram shop liability law, restaurants and bars who served alcohol to a visibly drunk customer who later caused an accident could be held liable. There are time limits for filing in both injury and death claims; speak with a lawyer to learn more.Did a Drunk Driver Change Your Life? Call a Lawyer to Learn What You Can Do.
There are other considerations when thinking about filing a wrongful death or personal injury lawsuit after injury or death caused by a drunk driver. Contact Mr. Fell to learn about your legal rights and options if a drunk driver shattered your life.
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Bad Landlord? 5 Warning Signs You Should Look Out For
A bad landlord can make your daily life miserable. You can experience poor maintenance and unsafe conditions. You might even face unlawful eviction.
How can you avoid landlords like this? Here are some clues that a landlord may be cutting corners and violating the law. If you see these warning signs, consider finding somewhere else to live.Watch Out for These Red Flags in a Lease Agreement
You can protect yourself against a bad landlord by knowing these and other warning signs:
- The landlord won’t let you see the certificate of occupancy (CO) before you sign the lease. A CO is issued by the building department and defines whether a living space is legal, how many people are supposed to live in the space, and the type of use allowed (residential or commercial). When a landlord refuses to let you see the CO for a property you would like to rent, that probably means there isn’t one and that the proposed rental space is not to code. You could be gambling with your safety.
- <The landlord clearly violates the Fair Housing Act. By law, a property owner cannot ask discriminatory questions about someone’s birthplace, whether they attend church, or if they have girlfriends or boyfriends. Even if you answer the questions to the landlord’s satisfaction, you might want to reconsider your decision to live in that space. If the landlord violates the law in this way, what other violation might there be?
- The landlord requires a non-refundable deposit. When you think about it, there’s no such thing as a “non-refundable” deposit. If a landlord requires this, dig deeper. Is this a cleaning fee, a pet fee, a move-in fee, or some other fee that covers a specific service? Such fees could be legal, depending on the laws of the jurisdiction. It’s important to check the laws of the city or county about such fees. The bottom line, however, is that requiring a non-refundable deposit is a warning sign that the landlord could be trying to make some easy and illegal money.
- The security deposit seems higher than average. Although the state of Texas has no limit on how much a landlord can charge for a security deposit, local jurisdictions may set limits. It’s important to check before agreeing to an abnormally high security deposit.
- The lease sounds wrong. For example, a lease cannot include provisions such as giving up your right to sue the landlord. If it suggests that the landlord can drop by unannounced anytime, clarify what this means. Make sure it spells out the reasons why the landlord could keep a security deposit. If you come to an agreement with the landlord about items missing from the lease, get that agreement in writing. If the landlord won’t agree to this, go elsewhere.
Concerned About the Terms of Your Rental Lease? Call a Lawyer for Help.
You may wish to have a proposed lease agreement reviewed by an attorney before you sign, especially if you see any of these red flags in the lease. Contact our lawyers if you would like an experienced landlord-tenant lawyer to look at your lease agreement. Such a strategy is an investment in your future peace of mind.