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The Hart Law Firm

Our Attorneys Have Over 25 years of Experience, and Are Here to Answer All Your Questions After an Accident

You must be overwhelmed with questions after your Dallas car wreck.  Why not get the answers from a Texas board-certified personal injury attorney?

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  • What factors could affect my Texas car accident settlement?

    Question mark on a pile of moneyIf you must pursue a claim against a negligent driver who caused your injuries, you want to know how much you can receive in settlement. It can be frustrating to learn that there is no set formula for determining the exact worth of your case. However, certain factors can increase—or decrease—the amount of compensation you receive.

    Important Factors That Could Influence Your Bottom Line Settlement

    Many variables will come into play in your attorney’s analysis of what your case is worth and the amount he is able to negotiate for you in a settlement with the negligent driver’s insurance company. However, these four factors are often important in determining the outcome of your case:

    Consistency in your statements.

    You will be telling your version of how the accident happened at various times in the claims process. This starts when you give a statement to the police officer at the accident scene. If your statements are relatively consistent about what occurred throughout, you will appear as a more credible witness and not give the insurance company ammunition to poke holes in your story—potentially increasing the amount of your settlement.

    Evidence of the other driver’s negligence.

    When the other driver’s fault is not disputed or is more clear-cut, such as in a rear-end collision or if the driver was texting, this can increase the likelihood of a higher settlement because there is less for the insurance adjuster to argue about.

    Doctor’s report supports your injuries.

    If your treating physician’s medical records and reports support your complaints regarding your injuries, this will help your case. When the report and tests do not support your claims of pain, the insurance adjuster could believe that you are exaggerating your injuries and your right to compensation.

    Your activities are consistent with your injuries.

    Consistency throughout your case is important, including that the activities you do after the wreck are consistent with the injuries you claim to have suffered. You should expect the insurance company to engage in surveillance at some points in your case. If they catch you doing activities that you should not be able to do, this could negatively impact on your attorney’s ability to obtain a favorable settlement for you.

    Have You Been Injured In A Texas Car Accident?

    If you've been hurt in a Texas car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.

    The Hart Law Firm is proud to represent car accident victims throughout Texas including Colleyville, Hurst, Euless, Arlington, Irving, Bedford and North Richland.

  • What information is important to include in a workplace accident report?

    Whether you believe you were injured or not, you want to file an accident report if you had an accident at work. Why is this so important? This will be your first documentation of your accident and will be persuasive evidence if you need to file a claim for compensation for injuries. It is especially crucial to file one when you work for a nonsubscriber employer who has opted out of workers’ compensation as you will need to prove your employer’s negligence to be entitled to compensation for your lost wages, medical bills, and pain and suffering.

    What Should I Be Certain Is Included in the Accident Report?

    Your first step after an accident—after obtaining necessary medical treatment—is to report your accident to a supervisor or manager. Depending on your employer’s procedures, he may complete the report or may ask you to fill out a form yourself. You want to be certain the following information is included in the report:

    • Work injury report form The Hart Law FirmExactly how and when your accident occurred—including as many details as possible
    • Parties involved in the accident
    • The nature of any injuries you know about to any part of your body—do not omit anything, no matter how minor
    • Medical treatment you have received, if any

    Be certain to obtain a copy of the accident report. If you later discover additional injuries, ask to amend the report and get a copy of this as well. Do not be surprised if you need to do this. Adrenaline can mask symptoms or they can take days or weeks to emerge.

    Filing an accident report promptly and being certain it contains essential information can go a long way in avoiding problems with your claim down the road. However, not filing one right away because you honestly did not believe you were injured is not fatal to your claim. 

    Have You Been Injured At Your Texas Job And Your Employer Doesn't Provide Workers' Compensation?

    If you've been injured on the job and your employer is non-subscriber you need to speak with an experienced work injury lawyer as soon as possible. Contact us online or call our our Colleyville office directly at 817.380.4888 to schedule your free consultation.

  • What types of compensation can I receive from the negligent driver who caused my auto accident?

    Once you have received the immediate medical treatment you need after a car crash, the reality that you will be off work for months or longer recovering from your injuries without any income may sink in. The next burning question could be how to pay for your expensive medical treatments and how to replace the wages you have lost and will lose. Fortunately, you may be able to make the negligent driver who caused your collision pay for these losses and more.

    Types of Compensation You Could Be Entitled to in a Texas Car Accident Case

    You need to understand the types of compensation you could recover to know what your case is worth and also to collect the documentation you will need to prove that you really are entitled to the amount you are requesting. Damages that are recoverable in these cases include:

    Medical expenses.

    This includes the bills you incur for doctors, hospital stays, ambulance, chiropractors, and physical, cognitive or mental health therapists. Expenses you may not think of are travel and lodging expenses if you must travel for medical care, assistive tools like crutches, wheelchair, or shower or toilet special seats, and in-home medical and non-medical care.

    Lost wages.

    Your lost wage claim includes much more than the back pay and future wages you will have lost. Be certain to include any commissions, profit sharing, benefits, vacation and sick time, and other perks of your job that you are missing out on. If you are unable to return to your former job or are permanently disabled due to your injuries, you could be entitled to damages for your lost earning capacity to compensate you for the long-term losses you will suffer.

    Personal property damage.

    This includes the cost to repair your vehicle, towing costs, car rental fees, and replacement or repair costs for property in your vehicle.

    Pain and suffering.

    You are entitled to compensation for the physical pain and emotional—or psychological—distress caused by your injuries. How insurance adjusters calculate these damages can be complicated, and you need an experienced car crash attorney who can help you value these more intangible but very real injuries.

    Loss of enjoyment.

    These damages compensate you for the loss of enjoyment in the day-to-day activities—such as hobbies, recreational activities, interests, friends, and family—that you can no longer enjoy due to the long-term consequences of your injuries.

    Loss of consortium.

    If your injuries affect your level of affection, intimacy, or sexual relationship with your spouse, you could be entitled to damages for these losses.

    Wrongful death.

    If a close family member died as a result of the crash, family members could receive compensation for their losses—including loss of the enjoyment of the accident victim—through filing a wrongful death action against the negligent driver.

    Have You Been Injured In A Texas Car Accident?

    If you've been hurt in a Texas car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.

  • Can The Insurance Company Spy on Me After A Texas Car Accident?

    If you were injured in a Texas car accident, there's a lot to worry about, including the progress of recovery, how to pay your monthly expenses, and when you'll receive the compensation you deserve from the negligent driver. You might also be concerned if you see a strange vehicle parked down the street from your house, following you to the doctor's office, or cruising along as you run errands. Could the other driver’s insurance company be spying on you? Sadly, yes.

    Why Would the Insurance Company Spy on You?

    Insurance companies for negligent drivers do not always engage in surveillance. They must hire a private investigator to do it, and this is an expensive task. If a victim suffered minor injuries and is only off work for a short period of time, the insurance adjuster usually decides not to do this. However, the insurance adjuster may feel there is probable cause for surveillance for the following reasons:

    • To learn more information about you and the true nature of your injuries
    • To poke holes in your believability by showing you doing activities you claim you are too injured to do
    • Because your damages are serious and the amount of compensation you could be entitled to—especially for pain and suffering—is a large sum
    • Because you claim to have a serious, long-term condition, but your medical records do not support this assertion

    When Will the Insurance Company Engage in Surveillance?

    The insurance company will most likely not engage in surveillance immediately after you make a claim. They do not have enough information about the wreck and the extent of your injuries to justify it. Key times that an adjuster could order surveillance include:

    Before your deposition.

    An insurance company may hire a private investigator shortly before your deposition, which is when the insurance company’s attorney asks you questions that are transcribed into a written statement that can be used against you in court. The belief is that surveillance may reveal damaging information about your activities that can be used to discredit you in the deposition.

    Before your trial.

    If your case does not settle, the insurance company could be worried about the amount of money it may have to pay you and could engage in surveillance as another attempt to discredit you.

    The bottom line is that the negligent driver's insurance company could spy on you at any time during the course of your case, so be prepared. As long as you are honest about what happened and how badly you were injured, surveillance should not hurt your case.

    Have You Been Injured In A Texas Car Accident?

    If you've been hurt in a Texas car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.

  • What is the time period to sue the negligent taxi driver who caused my taxi accident?

    If you were injured in a taxi cab accident, you may not know what to do or who to turn to in order to obtain the compensation you need to pay for your mounting medical bills and the wages you are losing while you are off work recovering from your injuries. This could be especially true if you are in Dallas or Fort Worth on business or a vacation. Your first step should be to contact a local experienced taxi accident attorney who can explain your legal rights and knows the statute of limitations to sue the negligent taxi driver and the taxi cab company.

    What Is the Statute of Limitations?

    The statute of limitations is the time period you have to file a lawsuit against the taxi driver and taxi cab company. In Texas, there are different statutes of limitations for different legal claims. For example, the time period to sue for a breach of contract claim could be different than for a personal injury case. You must file your lawsuit within the statute of limitations or you would lose your right to pursue your claim for compensation. If you tried to sue after the statute of limitations expired, it is likely that the judge would dismiss your complaint.

    The Statute of Limitations in Texas Taxi Cab Accident Cases

    The time period to sue for your taxi accident case is the same as if you had been involved in another type of vehicle accident. You must file your lawsuit within these time limits:

    Personal injury.

    Two years from the date of your accident.

    Property damage.  

    Two years from the date of your accident.

    Wrongful death.

    Two years from the date of your family member’s accident.

    What happens if you did not realize you suffered injuries for a long time after your taxi crash? In some cases where a person suffers back, neck, or head injuries, he may not experience symptoms for months after the wreck, and his condition could worsen over time. If this is your situation, you may fall into an exception to the strict time limit to sue. You could have two years from the date you should have reasonably discovered your injuries to pursue your claim.

    Have You Been Injured In A Texas Taxi Accident?

    If you've been injured in a taxi accident you should speak with an experienced taxi accident attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.

  • Should I purchase car insurance from the rental agent when I rent a car?

    If you are going on a business trip or vacation and are renting a car, you will certainly be asked this question: Do you want to purchase insurance to cover your car rental? If you say no or hesitate, the salesperson will probably warn you of the dire consequences of not buying it and how you could owe thousands of dollars if you got into a crash. You know you do not want to drive a rental vehicle without insurance. However, the car rental could add $15 to $30 to your daily rental fee, which can add up. Fortunately, you may already have other insurance to cover possible losses.

    Two Insurance Policies You May Already Have

    You may already have an insurance policy that will cover you if you get into a wreck in your rental car. Two sources to investigate include:

    Your vehicle insurance policy.

    Your own automobile insurance policy could provide insurance coverage for your rental car. You could have the same coverage and deductible as if you were in your own vehicle. Check your policy before renting a car.

    Your credit card.

    Many major credit cards, like Visa, American Express, MasterCard, and Discover provide some insurance coverage if you get in a crash in a rental car. However, there may be significant restrictions on vehicles and limitations on what damages they cover. So check this with your credit card company before you leave for your trip.

    If another driver in a rental car caused your crash, you will need to look to his automobile insurance company and credit card as well as any car rental insurance policy to compensate you for your injuries. These cases can be more complicated with the multiple parties that could be responsible. 

    Have You Been Injured In A Texas Car Accident?

    If you've been hurt in a Texas car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.

  • Could the trucker’s allergies have contributed to causing my truck accident?

    If you were injured in a truck accident and it was allergy season, one of the causes of your wreck could have been the trucker’s allergies. Truckers who suffer from seasonal allergies are at greater risk of causing a crash due to the sheer number of hours they are on the road and the inherent dangers when driving a massive truck weighing 10,000 pounds or more.

    Four Ways Allergies Could Cause a Truck Accident

    Anyone who has allergies knows that they can cause a person to have a runny nose, itchy eyes, congestion, sneezing, coughing, wheezing, and fatigue—throughout the day and night. Truckers suffering with allergies may drive carelessly or recklessly for the following reasons:

    • Truckers can become distracted by blowing their noses, coughing, wheezing, and sneezing—with their eyes and minds off the road. In addition, they are less alert when their symptoms cause them to become drowsy.
    • The antihistamines a trucker may need to take to control his symptoms could make him too drowsy to drive.
    • Some decongestants could disrupt the trucker’s sleep patterns and lead to sleepiness when he’s driving.
    • Truckers are allowed to drive for 11 hours a day without a break or sleep and already cause crashes because of this. The drowsiness caused by allergy symptoms or medications could increase the risk of a crash, making the truck driver even more sleepy and less alert.

    Have You Been Injured In A Texas Truck Accident?

    If you've been injured in a truck accident you need to speak with an experienced truck accident injury attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.

  • Do I have a case against the other driver if I was partially at fault in causing my car accident?

    If you were partially at fault in causing your car accident, you could still be entitled to compensation for at least part of your lost wages, medical bills, and emotional trauma from the other driver under the comparative negligence law in Texas. Your recovery might be substantial, so don’t let your own beliefs about your level of fault stop you from pursing a claim for the money you need while you heal from your injuries.

    How Comparative Negligence Could Affect Your Recovery

    Texas follows the doctrine of modified comparative negligence. It allows an injured victim to recover a portion of damages if he was partially at fault in causing his crash. Comparative negligence in Texas works as follows:

    • If the victim was less than 51% at fault in causing the collision, he would be entitled to compensation. However, the amount of his recovery would be reduced by the percentage of his fault in causing the crash. For example, if a victim was 25 percent at fault in causing a wreck, he could receive a recovery of 75 percent of the damages he was entitled to.
    • If the victim is 51 percent or more at fault in causing a collision, he would not be entitled to any recovery.

    Even if you were negligent in some way—for example, if a brake light wasn’t working when you were rear-ended or you turned your head for a few seconds to talk to your child—your negligence could have played a small part in what caused the crash. 

    Have You Been Injured In A Texas Car Accident?

    If you've been hurt in a Texas car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.

     

  • Who is responsible for my injuries in an open-door motorcycle accident?

    Occupants of vehicles in Dallas or Fort Worth open their vehicle doors all the time without looking for a motorcyclist who could be near them. When a motorcyclist crashes into a door of a vehicle that opens suddenly, he can suffer life-altering injuries—like traumatic brain injury, spinal cord damage, paralysis, and amputation of a limb—or die. Fortunately, there may be more than one party responsible for compensating the victim for his injuries.

    Potentially Responsible Parties in an Open-Door Accident

    Motorcyclists get injured by other motorists opening their vehicle doors for a variety of reasons. Depending on the cause of the accident, there may be more than one party potentially responsible for the injured victim’s injuries, including:

    Driver of the vehicle who hit the rider.

    This person could be liable if he or one of his passengers hit the motorcycle.

    Passenger of the vehicle.

    If a passenger of a vehicle opened his door and caused the accident, he could be responsible for the motorcyclist’s injuries.

    The employer of the driver.

    If the driver was driving a taxicab, business vehicle, or a truck, the employer of the driver could be liable for compensating the motorcycle rider.

    The driver of the illegally-parked vehicle.

    A driver of a vehicle who parked illegally could be responsible for the victim’s injuries if his illegal parking contributed to the crash by shielding the motorcyclist from seeing an oncoming hazard.

    Manufacturer of the vehicle.

    The manufacturer of the vehicle who hit the rider could be liable if a defect in the vehicle contributed to the crash.

    Manufacturer of the motorcycle.

    The manufacturer of the motorcycle could be responsible if a defect in the motorcycle at least partially caused the crash.

    Have You Been Injured In A Texas Motorcycle Accident?

    If you've been injured in a motorcycle accident you need to speak with an experienced motorcycle attorney as soon as possible. Please contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.

  • Can the black box in the other driver’s car help prove he was negligent in causing my accident?

    If the other driver’s vehicle has a black box, it could help you prove that he was negligent in causing your automobile accident. It could also help you if you were a passenger in a taxicab and the driver caused an accident. A black box, also known as an event data recorder (EDR) or an electronic control module (ECM), is a device installed in a motor vehicle that records technical vehicle and occupant information for a short period of time before, during, and after a vehicle wreck.

    However not all vehicles have them yet. In 1994, manufacturers of Cadillac, Buick, Chevrolet, and Pontiac began installing black boxes in their vehicles to collect data on how their vehicles performed in crashes. Since then, many more manufacturers have begun installing them, with almost all the new vehicles sold in 2013 having one. As of September 1, 2014, every new vehicle sold must contain a black box.

    How the Other Driver’s Black Box Could Help Prove His Negligence

    While the black box only records data for seconds, this information could be critical in defeating the other driver’s claim that he was not at fault in causing the crash. A black box could record the following helpful information:

    • The vehicle’s speed
    • The depth of the accelerator pedal
    • The force of the impact
    • The steering angle
    • Whether airbags were deployed
    • Whether the brakes were applied
    • Whether seat belts were used

    The information from the black box requires a forensic download that follows manufacturer specifications to ensure no data is lost. A specialist would be needed to accurately interpret the information, but this could prove to be invaluable in showing that the other driver caused the collision.

    Have You Been Injured In A Texas Car Accident?

    If you've been hurt in a Texas car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.380.4888 to schedule your free consultation.

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