Dallas Insurance Claims Attorney | Personal Injury Lawyer Richardson

Category: Personal Injury

  • What If the Insurance Company’s Offer Isn’t Enough After a Car Accident?

    Car accidents can cause severe property damage and life-altering injuries. Unfortunately, car accident repairs and injuries can result in bills that don’t seem to stop rolling in. In Texas, the at-fault driver’s insurance company is responsible for covering these expenses. Even still, their settlement may not be enough to cover them all. If you’ve received a low settlement offer, there are some things you can do.

    You Have the Right to Negotiate With the Insurance Company

    When you’re in the thick of trying to heal and pay your bills, any offer might feel like much-needed relief. Unfortunately, the insurance company is trying to do what’s best for their bottom line. This often results in early settlement offers that don’t cover all of your expenses, including:

    • Medical bills
    • Pain and suffering
    • Lost wages and earning capacity
    • Property damage
    • Loss of use of the vehicle
    • Disfigurement

    If their offer is too low, you don’t have to accept it, even if the company tells you otherwise. It’s your right to negotiate for fair compensation. It’s also your right to ask how they calculated their offer amount.

    Why You Should Call a Personal Injury Attorney

    If you receive a low settlement offer, you shouldn’t try to negotiate on your own. We recommend reaching out to an experienced personal injury attorney, who can negotiate on your behalf. 

    There are many benefits to hiring an attorney. For example, your attorney can help you calculate the compensation you need for all expenses. They’re skilled in forecasting and can help you pursue what you need now and in the future.

    Your attorney can also help you properly reject the offer and create a counteroffer that explains your reasoning behind the rejection. This is a critical part of pursuing additional compensation. 

    Additionally, your attorney will manage all communications with the insurance company, which can allow you to focus on healing.

    Will I Need to Go to Court?

    The insurance company may reject the counteroffers you and your attorney put forth. To pursue additional compensation, there’s a chance you may need to go to court. Your attorney will assess the situation and advise you on the best course of action.

    Call the Attorneys at The Fell Law Firm Today

    If you’re struggling with the aftermath of a car accident, we can help. For assistance in dealing with the insurance company or to speak with an attorney, give us a call at 972-450-1418 or send us a message.

  • How to Handle Your Medical Bills After a Car Accident

    Car accidents are notorious for causing life-changing injuries and expensive medical bills. For example, you might need a hospital stay, oversight in a clinic setting and continued physical therapy. Mounting costs are a source of stress at a time you should be focused on rest and recovery. 

    Allow us to give you some peace of mind by explaining how to handle your bills after a car accident and while you wait for a settlement.

    How Do Your Medical Bills Get Paid in Texas?

    Texas is an at-fault state, so the guilty party is the one who pays your bills. If you aren’t more than 50 percent at-fault for your accident, the other party’s insurance company will be responsible for paying your medical bills and costs associated with property damage.

    Often, the other party’s insurance company doesn’t cover all of your costs. They may also offer a low-ball settlement to try to end negotiations. If this is the case, you must consider reaching out to a personal injury attorney who can help you file a claim. 

    By filing a lawsuit, you may be able to recover a wide range of damages, including:

    • Past and future medical expenses
    • Pain and suffering
    • Physical impairment
    • Lost wages
    • Property damages
    • Loss of use of the vehicle
    • Mental anguish

    What If the Other Party Isn’t Insured?

    If the at-fault party isn’t insured, you can look to your own auto insurance. If you purchased uninsured/underinsured motorist coverage, these policies could cover your medical expenses and sometimes property damage, depending on your policy.

    What Should You Do While You Wait for Your Compensation?

    There will be time between your accident and when you receive compensation. It’s important to receive the medical care you require to ensure you’re able to heal. For now, your bills should be sent to your health insurance or auto insurance company, depending on your available coverage. 

    If you receive a bill in the mail, make sure your attorney has a copy. You should also keep a copy for your records, as well as any receipts of payment. To help with the burden, check your hospital or clinic for payment plan options or reduced service rates. These can be a great help while you wait for payments to come through.

    Call The Fell Law Firm Today for Experienced Advice

    The Fell Law Firm in Dallas helps many car accident victims receive the compensation they deserve. We can help you too. Learn more about our legal services or talk to an attorney about your potential case by calling us at 972-450-1418or send us a message.

  • How to Handle Talks With Insurance Adjusters After a Car Accident

    How to Handle Talks With Insurance Adjusters After a Car Accident

    You will get a call from your insurance company or the other driver’s company after a car accident. When you speak with the insurance adjuster(s), be very cautious. The adjusters can use anything you say to delay, deny or complicate your claim.
    Insurance companies are in business to make money. They do this by paying out as little as possible on policyholder claims. Knowing this, it is best to prepare yourself for any conversation you have with insurance adjusters by taking the advice below.

    Speak With a Lawyer First

    Our first words of advice would be to contact an attorney after a car accident, before talking with anyone from an insurance company. Your lawyer can help you understand your options and help you frame your talking points before you ever get on the phone with an adjuster.

    Say as Little as Possible to the Adjuster

    A friendly adjuster will try to act like he or she is on your side. In reality, the adjuster is trying to make sure the company pays as little as possible. Here’s what to do and not to do if you end up talking to an adjuster:

    • Never admit that you did anything to cause the accident. Hire a lawyer as soon as possible because the insurance company must call your lawyer. They cannot contact you if an attorney already represents you.
    • Don’t ever say that you are “not hurt.” Because of the state of shock you’re in after an accident, you may not even feel your injuries until several days later. Most traumatic injuries become increasingly serious after a few days pass. You’ll obviously know if you have broken bones, hit your head or are bleeding. Soft tissue injuries are not as visible but can be clearly and permanently painful.
    • Don’t discuss your medical condition at all. You can talk about vehicle damage but leave the medical discussion to your lawyer. You can state whether anyone in your vehicle was hurt and that they are receiving treatment.
    • Ask whether the adjuster is recording the conversation. If the adjuster asks you how the accident happened, tell him or her to look at the police report. Do not consent to a recorded conversation with the other driver’s insurance company—ever.
    • Don’t admit that you were listening to the radio, on your phone, or eating while driving. An adjuster may try to rush or pressure you into admitting that your phone or the radio distracted you.
    • Never agree to let the insurance company order your medical records. They may try to get you to sign a release to order medical records. Only allow your attorney to obtain your records or gather them yourself after your medical treatment is stable or finished.

    An adjuster will try to pin even the smallest amount of fault on you, as fault can significantly affect the outcome of your case, i.e. they save money and you lose benefits.

    Contact Us Before Talking with Your Insurance Company or the Other Driver’s Company

    If you unavoidably get stuck talking to an adjuster, keep your answers to a minimum and stop talking. And be sure to call a lawyer as soon as possible after your accident. The sooner an attorney is involved, the better your rights can be protected.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • Motorcycle safety tips for car and truck drivers

    You’re on the road and you see a motorcyclist coming up behind you. In most cases, a driver will make note that there is a motorcycle near him or her and pay close attention. But with hours and hours of driving every week, it’s not uncommon that some of us get a bit complacent. We may be distracted by what we are listening to on the radio or may even end up daydreaming. Once car or truck drivers get into this frame of mind, things can get very dangerous for motorcycle riders.

    For those that share the road with motorcyclists, there are a few things to keep in mind in order to keep everyone safe. First, try not to rely on a motorcycle’s brake lights. The rider may not always push the break in order to slow down. A motorcycle is a small vehicle and can easily slow down when the rider just takes his or her foot off the break.

    Be sure to check your surroundings several times before making a turn or merging into the next lane, especially if you are already aware that a motorcycle is somewhere on the road with you. In many cases motorcycles are actually closer than they appear to be in your rearview mirror, so do not rely on it completely. It can also be really hard to gauge how fast a motorcyclist is going so taking just a little extra time before you decide to turn or merge may mean the difference between life and death for a motorcycle rider. Both motorcyclists and drivers need to do their part in order to keep riders safe on our roadways.