Medical Malpractice

In order to prove medical negligence you must prove breach of care, causation of the injury and damages...

Medical Malpractice Medical Malpractice

March 5, 2010

Austin car accident have you sidelined?

Hundreds of car accidents occur on Texas roadways every single day. Some Texas drivers who are injured in a car accident may only have minor scrapes and bruises; others suffer more severe car accident injuries like brain, head and spinal cord injuries which can interrupt the victim’s life for days, weeks or years.

Do I Have a Car Accident Claim?

To win a car accident claim in Texas a driver must prove the following:

  • The plaintiff must prove the other driver owed them a duty of care.
  • The plaintiff must prove that the other driver’s negligence caused or contributed to their car accident injury. To prove negligence you must prove that the defendant failed to exhibit a reasonable level of care. Negligence while driving could include speeding, drunk driving, failing to stop at a stop sign, distracted driving or running a red light.
  • The plaintiff must prove that they were actually injured in the car accident as a result of the driver’s negligence. Medical evidence and expert testimony can substantiate car accident injuries.

If the defendant is found guilty by a judge or jury they may be required to pay compensation for your car accident injuries. Car accident injury compensation can include:

  • Medical care for current and anticipated needs including: medications, rehabilitation, surgeries and hospital stays.
  • Property damage compensation
  • Compensation for pain and suffering. The amount can include physical and mental pain and suffering caused by the car accident injuries.
  • Punitive damages may also be assessed by the jury or judge if the defendant’s actions are considered reckless or egregious.
  • Compensation for lost wages which can include current income and future lost earnings potential.

Both drivers may share fault in a car accident. The judge or jury may reduce the award for the plaintiff depending on their level of fault.

Steps after a car accident in Austin

If you are involved in a car accident in Austin it is important to do the following:

  1. Make sure everyone involved or injured in the car accident is safe. Call 911 if anyone is injured in the car accident.
  2. Exchange information with all the drivers including: addresses, phone numbers, insurance information and driver’s license numbers.
  3. Gather information from all the witnesses.
  4. Photograph the accident scene if possible.
  5. Contact the police. Do not admit fault to anyone.
  6. Contact your insurance company.

Do I need an Austin car accident lawyer?

Austin drivers may not need a car accident lawyer for car accidents which are minor fender benders or which have no injuries, but if you have been seriously injured and need extensive medical care, or if you are having trouble getting your insurance company to offer a fair settlement offer, a car accident attorney can help. Car accident lawyers can hire medical experts, gather car accident information, talk to witnesses and help you file your car accident law suit before the 2 year statute of limitations expires.

March 1, 2010

Persuing a personal injury claim after a Houston car accident

Thousands of people die or suffer car accident injuries on Texas roadways every year. Nationwide millions of individuals are involved in car accidents and while most of them just suffer property damage, thousands of people find their lives drastically changed because they are injured in a car accident.

Compensation for my car accident claim in Houston

Houston drivers who have been injured in a car accident which is caused by the negligence of another driver may receive compensation for their car accident injuries. Compensation for car accident claims can include:

  • Medical Bills – medical bills can be paid for car accident injuries including reasonably anticipated bills in the future.
  • Pain and Suffering – pain and suffering can include mental or physical pain caused by injuries from the car accident.
  • Lost Income – lost income compensation can include current and future lost earning potential
  • Property Damage
  • Punitive Damages – punitive damages are paid in certain instances where the defendant’s actions are found to be especially egregious.

Claimants who file a car accident law suit and are found to be partly at fault for the car accident may have their benefits reduced by the amount they are at fault.

Steps after a car accident

A Houston driver who has been injured in a car accident should do the following things:

  1. Never leave the scene.
  2. Check on the other drivers, make sure they have not been injured and call 911.
  3. Do not admit fault for the car accident or make any statements except to the police.
  4. Exchange information with other drivers who were injured in the car accident.
  5. Seek medical attention even if you do not think you are injured. Some car accident injuries may not be readily noticeable.
  6. Contact your insurance company.
  7. Do not agree to any car accident insurance settlement offers without consulting with a car accident lawyer.

Can I file a car accident claim?

In order to win a car accident law suit, the claimant must prove the driver of the other vehicle was at fault. To prove fault in Texas the claimant must prove negligence. Negligence is defined as the “the failure to exercise reasonable car which another person would have exercised under similar circumstances”. Examples of negligence can include speeding, drunk driving, tailgating or running a red light. But proving negligence is only the first requirement, next the claimant must prove that their negligence caused or contributed to the car accident.

If the defendant is found guilty the judge or jury may award the plaintiff compensation for medical costs, lost wages, pain and suffering, property damages and in some cases punitive damages.

Do I need a Houston car accident lawyer?

Unfortunately, there is no guarantee that an insurance company, who may be more concerned with settling the claim for the car accident and less concerned about your health, will offer you a fair settlement.

A smart car accident attorney can help negotiate with the insurance company, explain car accident laws and manage the car accident claims process. Car accident attorneys should be contacted before the statute of limitations expires. For most car accident injuries Houston drivers will have 2 years to file their personal injury lawsuit.

February 26, 2010

Injured in a Fort Worth car accident?

Hundreds of car accidents occur in Texas every year and Fort Worth drivers suffer car accident injuries ranging from minor to serious. Serious common car accident injuries can include: broken bones, brain injuries, spinal cord injuries, knee damage, paralysis and dislocations. Unfortunately, any type of car accident injury can cost you hundreds of dollars in lost wages and medical bills.

In Fort Worth, if your car accident injuries were caused by the reckless or negligent actions of another driver you can hold that driver accountable for their actions by filing a car accident law suit. If you win you car accident lawsuit, you may be able to receive compensation for your car accident injuries.

Common types of negligent driver actions include:

  • Driving while intoxicated by drugs or alcohol
  • Tailgating resulting in rear-end collisions
  • Hit and run accidents
  • Running a red light
  • Inattentive driving – talking on the cell phone, changing the radio, eating, etc.
  • Driving without insurance

Compensation for my car accident injury claim in Fort Worth

If another person’s negligence contributed to or caused your car accident injuries you may be eligible to receive monetary compensation for your car accident claim. Car accident injury compensation can include:

  • Lost wage compensation. This can include not only current wages but lost future potential earnings.
  • Paid medical care
  • Paid funeral expenses
  • Pain and suffering compensation
  • Permanent and temporary disability benefits
  • Punitive damages are assessed against some defendants

Monetary compensation may be lowered if both drivers are found responsible for the car accident injuries.

Can I file a car accident claim in Fort Worth?

A car accident claim is considered a personal injury. In Texas, drivers can file a car accident claim if they believe another’s persons negligent actions contributed to the car accident. Negligence can be proven if the other person is found to have failed to exercise reasonable care that another person, under similar conditions, would have exercised. The injured party also must prove the other driver owed them a “duty of care” and the driver’s negligence harmed them.

Steps after a car accident in Fort Worth

All Fort Worth drivers should take the following steps if they are injured in a car accident:

  1. Check on all of the other drivers and call 911 if anyone has a common car accident injury.
  2. Gather the names, addresses, license numbers and insurance information from all other drivers.
  3. Gather contact information for all the witnesses.
  4. Photograph the accident scene if possible.
  5. Do not admit fault to anyone.
  6. Contact the police.
  7. Contact your insurance company.
  8. Contact a car accident lawyer before accepting any personal injury car accident settlement offer.

Do I need a Fort Worth car accident lawyer?

Car accident lawyers can help negotiate a fair settlement offer with the car insurance company. Car accident attorneys can also gather expert medical testimony, investigate the car accident claim and question all of the witnesses. If your car accident injuries were caused by the negligence of another driver, car accident lawyers can help file a car accident law suit. Texas allows two years from the date of the car accident injuries to file a personal injury claim (some exceptions apply). If you are considering filing a car accident lawsuit it is important to contact a car accident injury lawyer before the statute of limitations expires.

February 19, 2010

Personal Injury Claims In Boston

Most states have a traditional tort liability system which assigns fault for a car accident and the at-fault driver’s insurance company compensates the innocent party for damages. Massachusetts, however, is a no-fault state. In Massachusetts drivers receive reimbursements from their own insurance company regardless of who is to blame for the car accident.

If you are injured in Boston, your insurance company automatically pays damages (up to a specified limit) and in exchange, in most cases, you forfeit your right to file a car accident injury law suit or personal injury claim against the other driver. The goal of no-fault insurance is to lower the number of car accident injury lawsuits filed, but critics argue it does not hold drivers accountable for their negligent actions.

Compensation for my car accident injuries

If you are injured in a car accident the insurance company that insured your car pays medical bills up to $2,000. This coverage is part of the compulsory insurance package required for all vehicles in Massachusetts. If your medical costs exceed $2,000, your private health insurance should pay. If you do not have private health insurance a state program may pay up to $8,000 under the personal injury protection section of the policy.

Lost wage compensation may also be provided if you can not return to work due to your car accident injuries. Under personal insurance coverage you may be able to get 75% of the lost wage compensation that you could have earned if you had not been injured. Payment for lost wages may be contingent on whether or not the $8,000 was used for your medical care. Additional coverage may be available if you have purchased additional insurance coverage. A Boston car accident lawyer should be contacted if you have questions regarding your insurance coverage in Boston.

Can I file a car accident claim in Boston?

Massachusetts is considered a modified no-fault state which means your insurance company pays for damages up to a specific limit, but if your economic damages are higher than a specific tort limit, you may be able to file a car accident injury lawsuit to recover non-economic damages such as pain and suffering.

To file a car accident claim in Boston the driver injured in a car accident must have suffered certain types of car accident injuries or their medical care must have exceeded a certain pre-established amount. A Boston driver who is injured in a car accident may file a car accident injury lawsuit for non-economic compensation such as pain and suffering if the following criteria are met:

* The car accident injury has caused “serious and permanent disfigurement”

* The injured driver has died

* A bone is fractured or a limb is lost

* The car accident victim has lost their ability to taste, hear, smell or see

* The car accident injuries are equal to or more than $2,000

Steps after a car accident in Boston

If you are injured in a car accident you should do the following:

1. Move the cars off the roadway if possible.

2. Check on the other drivers and call 911 if someone is injured in the car accident.

3. Contact the police and file a car accident report.

4. Do not make any statements about guilt for the car accident or any common car accident injuries.

5. Call your insurance agent.

6. Take pictures of the car accident if possible.

7. Gather contact information from the witnesses.

8. Contact a Boston car accident lawyer before accepting any personal injury car accident settlement.

Do I need a Boston car accident lawyer?

A Boston car accident attorney can do a variety of things to make sure you receive the compensation you need for you car accident injuries. A Boston car accident lawyer can:

· Help you get the best medical care for your common car accident injuries

· Obtain evidence from medical experts and witnesses

· Negotiate with the insurance company

· Evaluate your medical records and your car accident injuries

· Investigate your car accident claim

· Review your long-term lost wages, medical needs and finances

February 15, 2010

Injured In Chicago? Get Compensated For Your Injury

Car accident injuries kill thousands of drivers each year. Car accidents can occur when a driver is inattentive, drunk, reckless, tailgating or distracted by a cell phone. When there is an accident in a car there are often severe car accident injuries. The car accident may have been caused by one driver, multiple drivers, a recalled automobile part or a defective product such as a tire. If a driver has been injured in a car accident, car accident lawyers can help by investigating the car accident injury claims, finding the negligent party and pursuing a car accident law suit if necessary to compensate the injured driver.

Steps after a Car Accident Injury

After a car accident it is important to understand what should be done. Some of the steps are common sense, others may not be.

  • Do not leave the accident scene. This is considered a hit and run and criminal charges can be filed.
  • Call 911 and make sure everyone involved in the car accident is safe.
  • Gather information from all the drivers involved in the collision.
  • Only provide information to the police.
  • Do not admit guilt.
  • Contact the insurance company
  • Do not discuss the car accident with another insurance company.
  • Only discuss car accident injuries with your insurance company, the police or a car accident lawyer.

    Filing a Car Accident Injury Claim

    Drivers who have had an accident in a car and want to file a car accident law suit to recover damages for the car accident injuries must prove the other driver was at fault by proving they were negligent. Negligence is established by proving the driver did not exercise reasonable care. Negligence in a car accident can include speeding, tailgating or driving drunk, but unfortunately, proving negligence is not enough to recover damages. To recover damages the claimant must also prove the other driver’s negligence contributed to the car accident.

    Sometimes more than one party may be responsible for a car accident. In Chicago, if the claimant is more than 51% at fault for the accident they can not recover damages. If the claimant is less than 51% at fault, but contributed to the car accident, the percentage of the award can be reduced by the percentage of the claimant’s fault.

    What Does a Car Accident Lawyer Do?

    Unfortunately, following a serious car accident, victims can face weeks or years of recovery time from their car accident injuries. Car accident attorneys understand what type of medical care is necessary to recover from a serious accident in a car. Before filing any type of car accident injury compensation request, car accident lawyers will work with medical professionals to determine the full cost of medical care their clients will need to pay for their car accident injuries. Compensation can include pain and suffering, permanent disability payments, lost wages, medical care and rehabilitation.

    Car accident attorneys understand car accident laws and can help the injured driver gather car accident insurance claim information and negotiate with the insurance adjuster. Car accident attorneys have experience working with insurance adjusters and their investigators (who are working to minimize the car accident claim) and can fight to maximize their client’s payout.

    In the state of Illinois an injured driver has up to 2 years from the date of a car accident to file their car accident law suit. There may be exceptions to this law so it is important to discuss all accident injuries with a car accident lawyer as soon as possible.