Hail Storm Senate Bill 10 pending in Texas as a result of complaints and lawsuits filed following the major hail storms across South Texas. Texas Watch group is responding and calls these storm bills “tornadoes that are bearing down on every property owner in this state.” The passage of these types of bills would result in the policyholder being limited to whatever the insurance company says is right or good.
I have a friend who tripped and fell over some landscaping in my neighbor’s yard which resulted in my friend breaking his arm. He immediately was upset over the incident and said he wanted to sue my neighbor. Does he really have a claim? Not all injuries result in a valid claim against another individual or company.
When assessing whether or not you have a legitimate personal injury claim, one of the first things one must ask is “did the wrongdoer act as a reasonable prudent person under the same or similar circumstances.” What you’re really asking is, “would a normal individual who was acting sensible have acted in the same manner as the ‘wrongdoer’ in your incident.” If the answer is yes, then you don’t have a claim. If the answer is no, then you MAY have a claim depending upon the incident and the law that regulates such an incident. For instance, if you were injured on another’s property, then it makes a difference if you were trespassing, if you were an invited guest, or if you were customer buying something at a retail store.
There are many factors to consider. The first thing you should do if you are injured is call 911 or have a loved one or friend drive you to the hospital. You should also take pictures of your injuries and have a loved one or friend make notes of what happened. The facts surrounding how you became injured are very important in determining if you have a valid claim. You should then contact a qualified personal injury attorney who will listen to the circumstances surrounding your injuries and then make a determination of whether you have a case.
Another important factor in considering whether you should or should not assert a claim against a third party is the extent of your damages. Were you simply bruised or did you sustain objective injuries like a broken arm? Most reputable attorneys will not handle your case if you did not sustain objective injuries.
All of these questions highlight the importance of seeking the advice of a qualified personal injury attorney as soon as possible. Most who specialize in this area work on a contingency fee, which means they get paid when you get paid.
Let an expert do the work for you.
by Preston J. Dugas III, attorney at law
The holiday season is in full swing and everyone is making travel plans to visit family and friends. Some may even be planning a quick vacation during the holiday break. All this talk of holiday season is a quick reminder that winter is here. It’s that time of year to not only winterize your home, but also to be more mindful of traveling on the wet and slick roads.
According to WunderBlog, there are more weather related fatalities as a result of vehicle accidents than tornadoes, hurricanes, or flood. The WunderBlog link attached expresses in detail just what those numbers entail
“Drizzle in subfreezing temperatures may not seem like a big deal, but to unsuspecting motorists, it poses a major threat. Even a light glazing of ice on bridges and roads can cause treacherous driving conditions.”
So, while some are in the warmth and comfort of home, others are braving the howling winds, driving rain, and icy drafts to reach their destinations. So stay snug and avoid the exposed hands and faces. Be prepared and safe travels.
We all have thought at least once or twice about THAT phone call. The one where the person on the other end of the phone is letting you know that someone close to you has been injured in an accident. That call came for us and it was even worse than you can imagine. You rush around not knowing what to do — get in the car and go, don’t get in the car and go, get in the car and go!
You can never be fully prepared for that day, particularly when injuries are severe and emotions high. However, being somewhat composed can prevent additional stress immediately following an accident. As you are darting around frantically, try to remember a few things. Probably one of the most important tasks is pictures, pictures, pictures. Almost everyone has a camera on their phone now so this just got a lot easier. It is important to take photos of any and all injuries (including scrapes and bruises) and to preserve what might later become evidence. You should speak to others involved only to get their contact and insurance information. Stay calm, you may be the only one available to start documenting the claim until professional help can be retained.
Always insist on a police accident report. This report sets forth a detailed accounting of the road conditions and surroundings and a sketch of the scene. It will also include any witness statements and their contact information as well as the issuing of citations which will help with determining the fault in the accident.
Probably one of the most important things to do after an accident is talk to an attorney. A lot of people wait until they have already given a statement to the insurance company. Depending on the tone of that interview, they then realize they need the advice of a professional. The good part is that attorneys who handle these types of cases do so on a contingency fee. This means you can protect your rights and it doesn’t cost you anything to do so until your case is settled.
Whether you need an attorney or other professional to assist with your claim, be sure to consult with a claim professional to help document, negotiate, and settle your claim.