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

If you or a loved one are injured in an accident in Houston or the surrounding area, you will probably want to hire the best, most competent lawyer for the case.

So how do you find the best lawyer for your particular case?  And how do you even get an appointment to talk to the best lawyers in Houston?

The best and most experienced attorneys in Houston will have people lining up at their door to hire them.  These lawyers will be very selective about the cases they accept and the people they represent.  It's often hard to get an appointment to talk with them directly.

If it's easy to get an immediate appointment with the lawyer you are thinking about hiring, ask yourself why?  Maybe that lawyer doesn't have much else to do?

Once you get an appointment with a lawyer you are thinking about hiring for an injury, accident, wrongful death, or business dispute case you should ask questions.  Lots of them.

Good lawyers will not be insulted by questions.  They will most likely encourage you to ask as many questions as you want.  Most of the best lawyers in Houston will want you to educate yourself during the hiring process.

Any lawyer who seems to discourage your questions or doesn't answer them in a straightforward no-nonsense way should raise red flags.

After all, the best lawyers consider it their job to keep you informed and educated and comfortable during the entire process.

Questions to ask a lawyer you are thinking about hiring

1.  How long have you been in practice?

2.  Do you have any experience handling a case like mine?

3.  Can you give me a list of your past results or past cases?

4.  Have you  ever published any articles about cases like mine?

5.  Have you ever had a case against the same company that was negligent in my case?

6.  Will you actually work on my case?

7.  How much experience does your support staff have in these types of cases?

8.  Have you ever won a large verdict or settlement?

9.  Are you board-certified in any field?

10.  Do you carry malpractice insurance?

11.  Have you ever been disciplined or reprimanded by a bar association?

12.  What is my case worth?

13.  Have you ever represented large companies or insurance companies?

14.  Can I have a copy of my attorney-client contract to take home and study?

15.  Why do you believe you should handle my case and not some other lawyer?

This list does not include every possible good question.  It may depend on your case.  But this list will certainly cover a lot of important areas and get you started down the right road.

Any good Houston personal injury lawyer will be glad to answer all these questions and any other questions you have.  And they will be glad to answer them in a straightforward, honest, no-nonsense way!

If the lawyer is evasive or says he won't answer your questions until you hire him as your lawyer by signing papers, then you should probably just leave the appointment.  That lawyer is either not experienced enough for your case, is desperate for business, or has something to hide.

Have a good question you'd like to suggest? 

If you have other questions you'd like to suggest that are not on the list above, please submit your question to the comments section below.  We will print the most popular and most helpful question in a future post.

For more questions, visit the rest of the entires on this website or go to www.vbattorneys.com.

• Print
• Comments
• Trackbacks

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

A Houston man was left with permanent brain damage when he was involved in an accident with a car on the 610 West Loop, and his driver’s side airbag failed to deploy.  His brain damage was caused when his head slammed against his car’s steering wheel, which would not have happened had his airbag functioned as expected.

There have been dozens of other cases in the Houston area where airbags have failed to deploy in a crash.  This has prompted lawsuits and investigations into why airbags fail to deploy in some accidents.

A review of recall statistics at Safecar.gov reveals that since airbags were first implemented in passenger vehicles, there have been over 700 recalls due to airbag or airbag component failures.  What is causing all these recalls?

Manufactures claim that airbags are governed by complicated, highly scientific sensors that are programmed to determine exactly when an airbag should and should not deploy.  According to vehicle manufacturers, it may seem as though an airbag should have deployed, but if the accident was a side-impact crash instead of a full head-on crash, the airbag would have been prevented from deploying in order to protect the driver from being injured by the bag.

Of course this is little consolation to the gentleman who was left with permanent brain damage after his head-on collision, and countless others like him.  If you suspect that your airbag should have deployed but did not, the NHTSA wants to hear from you.  You can contact them at 1-888-327-4236 or go to www-odi.nhtsa.dot.gov/ivoq to file a complaint.

• 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

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

Texans for Lawsuit Reform, a shady group run by rich business and insurance interests, has apparently been dissolved by the Texas Secretary of State.

This group spent literally millions of dollars in an effort to shut the courthouse doors to widows, young children, the elderly, single mothers, and those who are seriously injured by corporate or insurance company wrongdoing.

Although certain wrongdoers will be sorry that the Texas Secretary of State dissolved the group, Texans interested in access to justice will no doubt rejoice at this news.

You can read about the dissolution by clicking here.

• Print
• Comments
• Trackbacks

For decades, certain manufacturers of stoves have known of a dangerous feature of their product which has killed or maimed hundreds of people, including young children.

According to Joan Claybrook, a consumer advocated with Public Citizen, the Consumer Product Safety Commission, the government agency allegedly responsible for protecting consumers from these types of dangerous products, knew about the problem for 25 years and did nothing.

As part of the settlement, Sears has agreed to notify 4 million customers who may have bought stoves between July 2000 and September 2007.  Sears will agree to install (for free) anti-tip safety brackets or receive a gift certificate or reimbursement of up to $100.

The dangerous feature on the stove is its tendency to tip over on top of people when the oven door is opened.  When the stove tips over, anything on top that is hot, or anything in the oven that's hot, can tip over and cause severe, even fatal, burn injuries.

How to protect yourself from stove-related injuries?

CNN has five good suggestions on stove safety.

1.  Install anti-tip safety brackets on any new or existing stove;

2.  Do not sit on or place heavy objects on open over door;

3.  Turn pot handles away from the front of stove to prevent hot food spilling;

4.  Use back burners instead of front when feasible to protect children and pets;

5.  Never leave a hot stove top unattended.

To learn more about the Sears stove recall, visit www.searsrangesettlement.com.

Click here to visit the Consumer Product Safety Commission.

To learn more about Public Citizen and their efforts to protect consumers from dangerous, click here.

• Print
• Comments
• Trackbacks

A Jones Act seaman's wife has filed a lawsuit against Blessey Marine, his employer, for the wrongful death of the seaman.

The seaman was killed by lighting on August 2007.  According to the lawsuit, Blessey Marine ordered the man to work outside in inclement weather.  The lawsuit claims that Blessey Marine violated industry standards.  The wife is seeking compensation for the loss of her husband.

What is the Jones Act?

The Jones Act allows injured seaman, or their heirs if they are killed, to bring a lawsuit against their employer. 

To find out more about the Jones Act, please contact our law firm at www.vbattorneys.com by going to the contact section of the main website. 

You can request a free copy of our book, "The Truth About Offshore Injury Cases." 

The book explains offshore injury cases, including Jones Act cases, and explains the entire process of a legal case for an offshore injury or death, including what to do in the early stages of the case, how to handle the insurance companies, whether and when and how to go about hiring a lawyer, and what to expect during the case.

• Print
• Comments
• Trackbacks

On February, 12th, 2008, all 25-microgram-per-hour patches that expire on or before December, 2009 sold in the U.S. were recalled by Johnson & Johnson. 

The recall includes Duragesic and Sandoz brands, both of which are manufactured by the Johnson & Johnson subsidiary Alza Corporation. 

The recall occurred as a result of the potential for a cut along one side of the drug reservoir where fentanyl is stored in gel form, causing a leak of the gel. As fentanyl is a dangerous opioid drug, patients and caregivers who come in contact with a leaking patch may have difficulty breathing, or potentially be victims of a fatal overdose. 

This recall follows a 2004 recall of five lots of 75-microgram-per-hour patches for leaking defects.  Many other lots, of all sizes, that were not recalled suffered from leak defects as well.

In addition to reports of leaking patches, the FDA has investigated deaths and life-threatening side effects in patients who never should have been prescribed the patch. 

Fentanyl pain patches are approved for moderate to severe chronic pain.  They should be prescribed only to patients who are accustomed to powerful narcotic drugs.  The reports of improper prescribing of the patch prompted. the FDA in December of 2007 to issue its second Public Health Advisory regarding fentanyl pain patches. 

The Public Health Advisory stated that "reports indicate that doctors have inappropriately prescribed the fentanyl patch to patients for acute pain following surgery, for headaches, occasional or mild pain, and other indications for which a fentanyl patch should not be prescribed."

• 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

Public Citizen, a non-profit public interest organization, has released a troubling report on dangerous and defective products.

The United States has  law requiring manufacturers to provide the Consumer Product Safety Commission with immediate notice of any dangerous or defective products. 

However, the agency typicall delays nearly seven months before telling the public about dangerous products!

You can read the full report and press release by clicking here.

The message for Houston and Texas residents is pretty straightforward.  You cannot rely on the federal or state governments (at least with the current leaders) to prevent or protect dangerous or defective products from reaching store shelves.  You must protect yourself.  Arm yourself with as much information as possible by obtaining information outside of the government agencies. 

One of the most productive and helpful function of private product liability lawsuit is that the manufacturers are often required to disclose what they knew and when they knew it.  And why they continued to sell defective or dangerous products.

• 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

The insurance companies and big business have flooded many states with millions of dollars in an effort to shut the courthouse doors to average citizens.  For example, Ohio has recently limited the discretion of jurors to render damage awards in civil lawsuits, creating a completely arbitrary "damage" cap. 

The limits resulted from a flood of millions of dollars from big business and insurance companies.

The net result is that the courthouse doors are being slammed shut for average citizens.

You can read about the problems with the Ohio Supreme Court decision by clicking on the link below:

www.toledoblade.com/apps/pbcs.dll/article

In Texas, groups like "Texans for Lawsuit Reform" and their ilk, run by mega-wealthy businessmen and backed by millions of dollars of special interest and insurance company money, have tried to shut the courthouse doors to Texans.  A lot of their money comes from out of state business interests.

• Print
• Comments
• Trackbacks

A few days ago, Haydee Valdez Mendez, age 30, died when a large vessel being transported by an Ace Transportation flatbed truck came off the flatbed and fell on top of Ms. Mendez's SUV.

The Houston Chronicle reports that Mrs. Mendez was married with two young kids.  She was studying at the University of Houston-Clear Lake to be a teacher.

According the reports in the Houston Chronicle, the driver failed to heed posted warning signs regarding bridge clearance and failed to follow the designated route allowed by his permit. 

The driver told police investigators that he thought his load was 14 feet 6 inches.

The vessel was being transported from Capco Fabrications to Henderson.

You can read the entire story by clicking here.

Now that the investigation has begun, one would hope that the company, Ace Transportation, would do a full-blown investigation into its own hiring, training, loading, and driving policies, as well as inform all of its truckers of the importance of following all safety policies and procedures.  We hope the company will not simply rely on the police investigation.  And we hope the company will preserve all the evidence.

Some questions the company should be forced to answer:

1.  Why was the driver under the impression the load was shorter than it actually was?;

2.  Why was the driver traveling this particular route?:

3.  Who trained the driver?;

4.  What do Ace Transportation's safety policies and procedures say about this particular operation?;

5.  Who loaded the trailer?;

6.  Why wasn't the load better secured?'

These are just a few of the questions that Ace Transportation should have to answer.

• Print
• Comments
• Trackbacks

The lawnmower manufacturing industry and the companies that sell riding lawnmowers have a secret they are not sharing with the public.   A secret that the lawnmower industry and the companies that sell riding lawnmowers like Home Depot, KMart, Sears, and Wal-Mart don't want the public to know even though they have known about the secret for years.

The secret is many riding lawnmowers do not have adequate safety features to protect young children from severe injury and death.  Some riding lawnmowers are extremely dangerous and have been the caused thousands of severe injuries to children.  In fact, some riding lawnmowers have even been responsible for the death of children in lawnmower-related accidents.

In February 2006, for example, the Journal of Pediatrics, a well-respected national publication published by the American Academy of Pediatrics, published a landmark study entitled "Technical Report: Lawn Mower-Related Injuries to Children."

The article can be found online by clicking here.

The study surveys lawnmower-related injuries to children, compiles some pretty horrifying statistics, and offers recommendations to the lawnmower industry.

Among other things noted in the article:

1.  Approximately 9400 children younger than 18 years of age receive emergency treatment every year for lawnmower-related injuries;

2.  7% of these children require hospitalization

3.  Power mowers account for a large proportion of the amputations during childhood;

4.  Prevention of these injuries can be achieved by design changes of lawn mowers and more education of parents;

From 1990 - 1999, 68,000 injuries related to lawnmowers were recorded.  14% were to children 18 and under.

The article has a section entitled "Prevention of Injury" in which specific recommendations are made to prevent lawnmower-related injuries to children. 

The article recommends the following:

1.  Design changes in lawnmowers;
2.  appropriate age and maturity guidelines for mower operation; and
3.  education of parents, other child caregivers, and children regarding the hazards associated with lawn mowers.

Note that the number one recommendation is design change in lawnmowers.  It is also clearly the safest, quickest, and most cost-effective method to prevent lawnmower-related accidents and injuries.

According to the article, the "science of injury prevention" recognizes that the most effective way to protect against injury is by using methods that do not require a lot of human intervention and vigilence.

Many of the lawnmower manufacturers have known about basic, simple, cost-effective safety mechanisms that they could have and should have installed on their lawnmowers for decades and yet have refused to do so.  In fact, some manufacturers have actively fought government efforts to improve the safety features on these mowers.

The article concludes by recommending that the ANSI standards for riding lawnmower safety mechanisms be strengthened and, if the industry does not agree, to mandate the safety features.

• 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

Over our career as lawyers, we have seen injured people make some serious mistakes that have badly hurt their personal injury case. 

While it would be impossible to compile a list of all of the mistakes, or to "scientifically" rank the biggest mistakes from top to bottom, the following are eight common and serious mistakes accident victims make that hurt their case.

1.  Talking to the insurance representative before hiring a competent lawyer to represent you;

The insurance representatives are not there to help you.  Their job is to save the company money.  However, many times, the insurance rep will do a very good job pretending he is your friend and will try to convince you to hold off on hiring your own lawyer.  This is almost always a trick.

2.  Giving a recorded statement to the insurance company;

You should probably never give a recorded statement to the insurance company until you've talked to your own lawyer.  Simply put, the insurance company will try to trick you into saying something that will hurt your case. 

3.  Not getting timely medical treatment;

Some people who are hurt try to "tough it out" and avoid doctor visits.  This is perfectly normal and natural.  However, the insurance company will use it against you by claiming that if you were really hurt, you would have gotten medical treatment sooner;

4.  Not telling your doctors about your complete medical history;

Keep in mind that when you go to a doctor folliowing a serious accident, they will take a "history" and will write down just about everything you tell them.  If you don't tell them about other medical issues that may or may not be related to your current injury, the insurance company will claim you were hiding things from your doctor and paint you as a liar.

5.  Trying to negotiate your case on your own;

Insurance companies have experts who negotiate injury cases for a living.  Unless you are one of these people, you will have nowhere near the experience to negotiate fairly with the insurance company.

You are, of course, free to try to negotiate your own case.  But just know that you will probably get a significantly lower settlement if you do.

6.  Being dishonest;

Everybody has "problems" and "issues" in their background, and people (like jurors) understand that.  The insurance company and their lawyers will do everything they can to use those problems and issues against you. 

If you try to cover them up, the insurance company will probably find out and will paint you a liar.  If, on the other hand, you are honest, then most jurors will understand.

7.  Hiring a lawyer because "a friend" recommended them;

If you choose to hire a lawyer, hire the best one you can find.  And hire a lawyer with a proven track record in the kind of case you have.  Not all lawyers know how to handle personal injury cases.  You need to interview your lawyer and find out what they know about personal injury cases and what kind of success they have had in the past.

8.   Telling the insurance representative how much you will take to settle your case;

This is a no-brainer.  You should never tell an insurance company representative how much money you will take to settle your case because then they will nickel and dime you to death.  They will probably never pay you that much money.  And if they do, you know you did not properly evaluate your case.

• Print
• Comments
• Trackbacks

If negligent or reckless person or company caused you serious injury or caused a loved one to suffer wrongful death, you may have a "personal injury" or "wrongful death" case.

However, there are some serious mistakes that people make in these situations that can put such a case in serious risk.

Here are some examples of serious mistakes that may put your injury case at serious risk:

1.  Giving a recorded statement to the insurance company without having your own lawyer present;

2.  Not getting appropriate and timely medical care;

3.  Failing to gather witness information from the scene of the accident;

4.  Not calling the police immediately;

5.  Hiring a lawyer who has never handled a serious injury or death case because "a friend recommended the lawyer;"

These are just a few of the examples of some things that can put a personal injury case in serious jeopardy. 

Before you hire a lawyer, and before you talk to the insurance company, do your own research.  Go to our main website, www.vbattorneys.com, and get free information.  Look on the Internet.  Talk to people who know good lawyers.  Interview more than one law firm to make sure you are comfortable with your lawyers.

• Print
• Comments
• Trackbacks

1. First and foremost, get appropriate medical attention. Your health is the first priority, as well as the health of anyone else involved in the truck accident.

2. Second, if possible, call the police. Truck drivers will sometimes accept responsibility at the scene and discourage you from calling the police. Then, after everyone is gone, they start denying responsibility.

It is perfectly appropriate, and a good idea, to make sure the police come and take statements, investigate the truck wreck, etc.

3. If you are able, get the contact information for the truck driver and any witnesses. Get insurance information. Make sure that later on, you will have witnesses to back up your version of what happened.

4. Take photographs if possible. Photos are almost always helpful. Like they say, "a picture says a thousand words." This is true with truck accident cases particularly. It is difficult for a truck driver to claim that he or she wasn't at fault when the pictures show otherwise.

5. Consider getting legal advice if you believe you have serious injuries. The trucking companies and their insurance companies almost never offer fair settlements unless a lawsuit is filed and a trial date is scheduled. And most personal injury lawyers, including our firm, offer free initial consultations to let you know what your options are.

• Print
• Comments
• Trackbacks

You are certainly free to talk to the adjuster and/or the trucking company before hiring your own lawyer. However, be aware of some "tricks" they may try to use against you to hurt your case:

"Trick #1" They will try to get a recorded or written statement from you. It is a bad idea to give insurance adjusters or trucking companies written or recorded statements unless you have your own independent legal advice. Often, they will ask you questions designed to lower the value of your case or make it seem like you were at fault. You are not required to give a written or recorded statement.

"Trick #2" Trucking companies and their insurance adjusters will try to convince you not to hire a lawyer. They will claim that you will get less money if you hire a lawyer than if you negotiate the case yourself. This is false, and studies have been done to prove it. The trucking companies and insurance companies have lawyers--you should have one too, and if they tell you that you don't need a lawyer, be very cautious about anything else they tell you.

"Trick #3" Some trucking companies or their adjusters will offer to provide medical care. The trick here is that they hand pick company or insurance doctors. You are NOT required to see company or insurance doctors. You should choose a doctor on your own, a doctor who you feel comfortable with. That is often the only way to ensure that you get appropriate medical treatment.

"Trick #4" All too often, the insurance adjuster or trucking company will tell you that they need a bunch of information and once they get that information, they will settle your case for a fair amount. Then, they keep asking for more information in an effort to delay your case.

Time is on their side. If you wait to long, you may be prevented from ever filing a claim or lawsuit because of the statute of limitations or because the evidence is gone by the time you file your case.

In our experience, trucking companies and their insurance adjusters almost never offer a reasonable and fair amount unless you've acted quickly to preserve your legal rights. Don't let them string you along for months and months while they promise a reasonable settlement. Conclusion:

You are certainly within your rights to try to negotiate a trucking case on your own. However, trucking companies and their insurance adjusters have teams of lawyers giving them advice. You should be very careful when dealing with insurance adjusters or trucking companies without your own independent legal advice.

• Print
• Comments
• Trackbacks