Houston Injury and Accident Lawyer & Attorney : Vujasinovic & Beckcom Law Firm : Workplace Injuries, Car Accidents, Insurance Claims : Harris County, Texas

Most people involved in truck accidents in Texas believe they can negotiate with the insurance companies on their own. This is one of the major mistakes we see when handling Texas truck accident cases.

The insurance companies have declared war on injured people. They write letters to injured people trying to convince them not to hire an attorney. They claim that the injured person will not get as much money if they hire an attorney. But the insurance company for the trucking company always hires a team of lawyers. Isn't it suspicious that they hire a bunch of lawyers but don't want the injured person to hire his or her own lawyer?

Why do the trucking companies, and their insurance companies, need a team of adjusters and lawyers but don't think an injured person needs their own lawyer?

Simple.  Because they know that if an injured person is not represented, they are almost certainly going to be able to settle the case for an unfairly low amount.

Trucking companies and their insurance companies also have spent millions and millions of dollars trying to lower the amount of verdicts in truck accident cases. This propaganda has had an enormous effect on jury verdicts in Texas truck accident cases.

As a result of these developments, people injured in Texas truck accident should strongly consider hiring an experienced and aggressive lawyer so they can level the playing field and have a better chance of getting a full and fair settlement.

Simply put, you are almost certain to get an inadequate settlement without an experienced Texas truck accident attorney because the trucking company and insurance company know they can take advantage of an injured person much more easily if they do not have to deal with an experienced, aggressive attorney.

Why? Because an experienced Texas truck accident attorney will know what cases like your have settled for in the past, or what juries have given in the past when truck accident cases have gone to Court.

And the experienced truck accident attorney will be ready, willing, and able to take the negligent truck company to Court if the trucking company or its insurance company doesn't make a fair and adequate settlement offer.

Finally, an experienced accident attorney will be know the tricks that the trucking companies commonly use and will be prepared to deal with those tricks.

Level the playing field.  Strongly consider hiring an experienced and independent truck accident lawyer before trying to settle a serious truck accident injury or wrongful death case.

• Print
• Comments
• Trackbacks

After a car or truck crash, especially one involving significant injuries, the insurance companies for the negligent driver or negligent trucking company may try to trick you into making decisions that will hurt your chances of obtaining a fair recovery for any injuries you have sustained.

Here are five things the insurance companies or the negligent driver may try to do that you should avoid:

1.  The negligent driver may encourage you not to call the police, claiming that there is no need because they admit liability.

You should always call the police after any car or truck accident involving injury.  All too often, what you are told at the scene will change once the insurance companies get involved.  You need the police to come and investigate the crash so an independent party makes a written record of what happened.

2.  The negligent driver may encourage you not to get the names and contact information for witnesses.

This is a mistake as well.  The more witnesses you have, the easier it will be to prove your case.  Again, stories often change once the insurance company or defense lawyers get involved.

3.  Not getting timely medical care.

Insurance companies love this.  When you don't get immediately, or timely, medical care, they claim you couldn't possibly have been injured.  If you think you or anyone in your car is hurt, seek medical care in a timely fashion.

4.  Giving a "recorded statement" to the insurance company.

Many times, the insurance company will try to get you to give a recorded statement, where they ask you questions and record your answers to those questions.  They want to do this before you get a lawyer.

Why?  Because without your own lawyer, the professional insurance adjusters may be able to trick you into saying things that will hurt your case.  They will be nice and friendly most of the time, but in reality, they are often trying to trick you into hurting your own case without you even knowing it.

5.  Accepting a quick settlement in a serious injury or death case.

When liability is clear, the insurance company may try to offer you money quickly, before you've recovered or had a chance to talk to your own lawyer.  These offer are almost always way too low and unreasonable, and are unfair.  However, with the stress and uncertainty of a serious injury, you may be tempted to take their first offer.

Not a good idea.  Most lawyers will be glad to discuss your case and the offer with you for free, to determine whether the offer is in fact a fair one.  Since an initial consulation is free, it doesn't make much sense not to go ahead and get independent, professional advice on the offer.

• Print
• Comments
• Trackbacks

After an accident involving serious injury, or even wrongful death, especially in truck or car accidents, you can expect the insurance companies to be pounding on your door (not literally, of course!) and calling you all the time for a "statement." 

Be very careful about what you tell the insurance adjuster.    Especially if you don't have your own lawyer yet.

In fact, it is a good idea many times not to give a recorded statement at all.  Why?  Because the insurance adjuster may be asking you "trick" questions that will hurt your case later on. 

Even though the insurance adjuster may tell you he or she is just trying to "gather up some information" or "get enough information to settle your case," the reality is that most insurance adjusters in serious accident claims are there to try to "trick" you into saying things that will hurt your case.

One purpose of written, recorded, and sworn statements is to keep someone from "changing the story" later on.  The other purpose, of course, is to allow the insurance adjuster to twist your words into something you did not mean to be used against you at a later time. 

When an insurance company comes to you looking for a statement, a big reason is to try to trick you into saying things that will hurt your case.  The insurance adjuster are professionals at this sort of thing and have extensive training in taking statements from injured people. 

Do you want to know if the insurance company is trying to trick you? 

If you want to know if the insurance company is trying to trick you, ask them these questions and see what they say:

1.  Before you take my statements, will you admit liability and put it in writing, and have the insurance company sign the letter?

2.  Before you take my statement, will you promise to pay for all my medical care until I am 100% recovered, and will you put that promise in writing too?

3.  Before you take my statement, may I see a copy of your investigation file for this case?

4.  Before you take my statement, can I take a recorded or written statement from the person who hit my car?

5.  Before you take my statement, will you promise to settle my claim and send the settlement check within 30 days?

Most insurance adjuster will not answer these questions or follow-thru with the commitments in the questions.  That's because they are not really trying to help you or settle your case quickly or determine what's wrong with you so they can pay your claim.  They are trying to minimize what they owe you.

Don't fall victim to the insurance company traps. 

• Print
• Comments
• Trackbacks

A barge worker's widow recently filed a lawsuit against a barge company and a contracting company after her husband was killed. 

In the lawsuit, the widow claims that her deceased husband died when he slipped and fell on an icy barge.  The barge was empty.  The lawsuit claims that the barge company failed to provide the worker with a safe place to work.

About this case and maritime wrongful death claims

Under maritime law, the direct descendents of deceased workers may be able to bring claims for wrongful death.  Under most claims, the survivors must prove that the company did something "negligent" to cause the death or that the vessel was "unseaworthy" and that caused the subject accident or death.  The damages available differ depending on a lot of factors, but if the survivors were financially dependent on the deceased worker, they generally can collect damages for the loss of financial support.

The negligence standards differ depending on whether the case is a Jones Act case, a Longshore and Harbor Worker's Compensation Act case, a General Maritime Law case, or some other case.

Most of the time, only an experienced maritime and Jones Act lawyer will be able to tell you what law you can file under and what claims you can bring. 

Most important, don't trust the insurance company to tell you your rights.  Hire your own independent lawyer to advise you.

• Print
• Comments
• Trackbacks

Last week, Health Net, Inc., a health insurance company, was found liable to one of its policyholders for cancelling a cancer patient's health insurance policy while the patient was undergoing treatment.

The decision prompted Health Net to announce that they are scrapping present and future cancelation plans.

The decisionmaker, Sam Cianchetti, a retired Los Angeles County judge, found that Health Net had violated numerous state law in canceling Pasty Bates' policy.  He called the company's actions "despicable."

The trial also revealed that Health Net tied employee bonuses to the number of policies cancelled.  The retired judge called the bonus program reprehensible.

What does this decision mean for Texas policyholders or Texas accident and injury victims who have been mistreated by the insurance companies?

Unfortunately, not much.  In the past 10 years or so, Texas lawmakers and Texas courts have passed laws and issued decisions that protect insurance companies over policyholders.  It is still very difficult in Texas to sue an insurance company directly and win.  And even if you win, the laws make it difficult to survive an appeal.

If you are interested in protecting policyholders over insurance companies, the only way to make that happen is for your representatives to pass laws removing some of the protections provided to the insurance companies.  Call your state representative and bring this to their attention.

• Print
• Comments
• Trackbacks

According to a story posted on BenGlassLaw.com, some major disability carriers are basically defrauding claimants.

At least one insurance company is sending 1099s to people with whom it settled in the previous year.  One major company is even telling the IRS that the settlements are taxable benefits. 

This is false.  If you receive disability benefits and paid the policy premiums, any benefits are not taxable.

Even though the major insurance company admits that it knows the settlements are not taxable, it is sending the 1099s to the IRS anyway.

This is pure fraud by this company.  It also means that the disabled person will spend time and money fixing the mistake.

These insurance company tactics should be stopped in their tracks immediately so people who are already disabled aren't forced to spend any more time and money messing with the insurance company or its mistakes.

• Print
• Comments
• Trackbacks

According to reports, a worker for New Port Building and Construction obtained a $1.47 million dollar settlement after he was paralyzed while working at the company president's personal residence.

The insurance company discovered after the accident that the injured worker had not filled out the proper insurance forms before the accident.

One of the most important things consumers must remember when purchasing insurance is to be honest and forthright on the application and to fill it out completely.  Do not fail to list information you think may increase your premium slightly or leave out requested information.  If you do, you run the risk of losing coverage for a later accident or covered claim.

• Print
• Comments
• Trackbacks

Unfortunately, Houston and the surrounding counties have one of the highest rates of truck accidents and car accidents in America.

Let's say you were involved in a serious truck or car accident in Houston or the surrounding area.  Chances are, the other driver will have insurance.  (In fact, insurance is required by law!).

If the accident is serious, the insurance company will likely have their entire team of investigators on the scene within minutes or hours.  We have seen cases where the insurance investigation team literally beats the police officers and ambulance drivers to the scene.

Why does the insurance company send a team to the scene so quickly?  Simply put, to try in any way possible to minimize what they will pay the innocent injury victims.  The insurance company representatives are looking for evidence that will help them build up a case to not pay a fair settlement.

Often, the insurance company will make contact with the injured person or their family shortly thereafter.  The insurance representative will act like your best friend and do everything possible to convince you to settle out quickly.

This is an insurance company trick.  It's a game.  And they hold most of the cards.

So how do you get the upper hand?  How do you turn the tables on them?  Or at least figure out whether the insurance company is being straightforward and honest is what they say to you?

Try this.  Ask the insurance company representative the following 5 questions and see how they respond:

1.  What are the limits of insurance for the driver that caused the accident?

2.  Will you send me a letter in writing confirming that you have accepted full responsibility for the accident on behalf of your insured?

3.  Will you confirm in writing that you will pay all medical bills, lost wages, and at least that much in pain and suffering?

4.  Can I have a written admission from the driver that he or she is at fault?

5.  Will you send me a copy of the claims file so I can see what you really think about the accident?

The answers to this questions (if the insurance company agrees to answer them, which is highly unlikely) should give you an excellent idea about what the insurance company is really up to.

• Print
• Comments
• Trackbacks

There are way too many truck accidents in Houston.  There is probably more than one reason.  First, there are just a whole lot of trucks in Houston.  The more trucks traffic, the more likelihood of truck accidents.

Second, some of the trucking companies hire incompetent or reckless drivers.  Those drivers, not surprisingly, cause truck accidents.

After a car or truck accident, the insurance company will probably want to take a "recorded statement" from you.  The insurance company will tell you they are trying to "investigate your claim" and "determine liability" and they need your recorded statement "for their file." 

The insurance company will try to convince you it is in your best interest to give a quick recorded statement.  They will say something like "just tell us what happened" so they can "make an offer" on your case.

It is a bad idea to give a recorded statement to the insurance company unless you have your own independent attorney involved. 

Why?

Because the real purpose of a "recorded statement" is so the insurance company can trick you into saying something that will hurt your case or allow them to avoid responsibility for paying your claim.  The insurance company  and their adjusters are skilled at "investigating" the case in such a way that it either allows them to avoid responsibility entirely or significantly reduce the amount of your claim.

The bottom line is that if you were involved in a car or truck accident in Houston or the surrounding counties and the insurance company starts trying to talk you into giving a recorded statement, carefully consider not giving a recorded statement without your own independent legal advice.  Otherwise, you may be falling into an insurance company trap.

• Print
• Comments
• Trackbacks

Some insurance companies will send letters to people involved in car or truck accidents telling the injured person that they do not need an attorney.

Since 1995, for example, Allstate has been sending a letter entitled "Do I need an Attorney?" which makes the following claims, among others:

1.  Claims are settled faster when a lawyer is not involved;
2.  Lawyers charge a percentage of recovery and if you settle directly with Allstate you get to keep the entire amount;
3.  Injury victims can hire a lawyer later if they don't like the settlement offer;

The letter includes many other statements that are misleading, half-true, or not true at all.  Other insurance companies also try to convince injured people not to hire their own lawyer.

Here is the plain truth--Allstate, and the other insurance companies who send these types of letters, do not care anything at all about you or whether you receive a fair settlement.

In fact, the insurance company's own statistics prove that its costs the insurance industry an average of $9000 more per claim when the injured person has a lawyer. 

The reason the insurance companies try to convince people not to hire an experienced lawyer is because they know they can settle the case more cheaply if the injured person doesn't have a lawyer.

The truth is that you should always at least consult with an attorney before settling a personal injury or wrongful death claim.  Our firm never charges anything for meeting with a client and answering any questions they may have about their case.   Other good personal injury firms in Houston offer the same benefit.

For example, we will talk to you about:

1.  The reasonable value of your case;
2.  Why delay may be a good thing (or a bad thing);
3.  How to get your medical bills and treatment taken care of;
4.  How to recoup any lost wages;
5.  How long the case will take.

And many other topics.  Or any other questions you may have about your case.

The insurance companies won't answer these questions.  Or at least they won't give you straight and truthful answers.

If you have been involved in a serious car or truck accident in Houston, and the insurance company is trying to convince you not to hire a lawyer, you should know right away that they are trying to trick you into settling your case for pennies on the dollar. 

And once you know the insurance company is trying to do this, you know you can't trust a thing they tell you after that.

For more information on insurance company tricks, visit our firm's main website, www.vbattorneys.com.

• Print
• Comments
• Trackbacks