If you were injured in a Texas crash that was not your fault, you may be asking who is the best car accident lawyer in Houston, TX? To answer your question, it will heavily depend on finding a lawyer that understands your rights after a car accident and it’s going to figure out how much your claim is worth. Finding out how much your claim is worth is going to be overwhelming to you especially in the aftermath of a very serious crash, however there is no reason for you to go through this alone, especially not when car accident lawyers like the ones available at Zaid Law are here for you.
You may find yourself with the debilitating case of whiplash after a car accident or even with a severe concussion. There are many types of car accident injuries and you may have received an extended stay in the hospital as well as being transported to the ER by ambulance.
After a car accident you may have been transported to the emergency room via ambulance, you may require an extended stay in the hospital, many diagnostic tests such as an x-ray, CT scan, MRI or you may required physical therapy treatment, medication, surgery or even long-term care. This means that your bills can be extremely high, and you may be worried about having to hire a lawyer and how you can afford to hire a lawyer.
Expenses after a car accident pile up, but if you do not have liability in the cause of your crash you should not have to pay for someone neglect. Unfortunately many hard edges and this is because insurance companies are notorious for making lowball settlement offers are blaming the entire accident on the victim.
If you are involved in a car accident, you can assess the situation, and do the following:
- Meeting on scene and call 911. If anyone has been injured and requires emergency medical attention, ask the dispatcher for an ambulance. If nobody is emerging, left the accident and weekly investigating officer to arrive. If you are involved in a hit-and-run top cruise with uninsured drivers do not attempt to follow or chase after the other driver. Call the police and of the vehicle, driver and what direction they were heading.
- You should exchange information with everyone involved. You want to ensure that you get their name, address, phone number, license plate number and insurance information. You not want to talk about the car accident or hear about who is a fault. Your lawyer later will inform you of who is at fault.
- Photos are worth more than words. Providing photos of the crash scene and all cars involved makes it easier for lawyers to see what they are working with later down the line. You should always take photos of your own injuries as well.
When you are choosing a lawyer, you want to ensure that you pick a lawyer who is best for your needs. Whether that means you need a lawyer who is on a budget, you need a lawyer the can deal with complex cases.
Car Accident Lawyer
After a serious injury that was not your fault, you have to deal with the pain and the financial burden. Proving what caused the injuries and how they happened is an added burden. However, as a car accident lawyer from a a firm like Greenspan & Greenspan P.C. can explain, you will need physical evidence to present in court and when dealing with insurance companies. Photographic evidence is the best tool you can use in a personal injury claim.
How to Gather Evidence
The first thing to do after a serious injury accident is to get medical care, even if you don’t feel like you were seriously hurt. In some accidents, adrenaline is high and you might not feel as much pain as you would normally. Other injuries might not show symptoms right away.
If you are able to, you should also take photos of the accident site as soon as possible. Accident scenes change as things get repaired or moved. Water dries and ice melts. The sooner you (or someone else) can take photos, the better.
It’s best to get photos from various angles. For example, in a slip-and-fall accident, showing the stairs or floor from different angles can better show just how hazardous the situation was. If possible, try to take videos as well. Even standard smartphone images and video clips are better than nothing.
Take photos of your injuries. You can’t expect to get photos at the hospital or clinic. Make sure to get as many images as possible of your bruising, burns, or puncture wounds. These photographs will bolster the medical reports by providing more evidence that your injuries caused significant pain and suffering.
Lastly, medical records are essential if you’re planning on making a case for compensation. Medical reports from a hospital or clinic will firmly establish the nature and severity of the injuries you suffered, whether it was a car accident or a bad fall at a business.
Reasons to Hire a Lawyer
A personal injury attorney can help prove your injuries were caused by the accident by taking a few steps. A law firm will:
- Obtain a copy of the police report
- Interview medical personnel who were on the scene
- Interview witnesses
- Photograph the accident scene
- Obtain and review electronic records and security camera footage
A law firm will also take over all communication with the other party (or parties) and their insurance company. Insurance companies always have legal counsel looking after their interests, which makes it a challenge to pursue compensation for pain, suffering, and medical bills.
Contact a Personal Injury Attorney Today
If you suffered serious injuries in an accident that wasn’t your fault, a personal injury lawyer can help you to protect your rights and pursue compensation.
An expert witness is defined as a specialist in a subject, often technical, who may present their expert opinion without having been a witness to any occurrence related to a lawsuit or criminal case.
If you have filed a lawsuit for a personal injury matter, your attorney will likely retain experts to substantiate your claims about the incident that caused your injuries or your current and future medical treatments and costs. Expert witnesses are instrumental to personal injury cases because their unbiased opinions and findings bring credibility to the plaintiff’s claims and strengthen cases overall.
In this blog, we will take a look at expert requirements in the state of Nevada pursuant to NRCP 16.1.
Expert Requirements in the State of Nevada Pursuant to NRCP 16.1 and Expert Depositions
Parties must disclose the identity of any expert witness they intend to present at the time of trial. NRCP 16.1(a)(2)(A). Such disclosure must be accompanied by an expert report that is prepared and signed by the witness. NRCP 16.1(a)(2)(B). The expert report must contain:
- A complete statement of the expert’s opinions and the basis/reason for those opinions;
- The facts or data considered by the expert witness when developing his or her opinion;
- The exhibits the expert will use to summarize or support the opinions;
- A listing of the witness’s qualifications, including all publications authored in the ten years prior to the disclosure;
- A list of all cases in the 4 years prior to the disclosure in which the expert testified as an expert in a trial or deposition; and
- The billing statements for the expert’s work on the file.
As for depositions, a party may depose the opposing party’s expert witness who has been disclosed as one who may be presented at trial only after the expert report is provided. NRCP 26(b)(4)(A). A party may not depose or serve interrogatories on an opposing party’s expert if that expert was only employed in anticipation of litigation or who is not expected to be called to testify at trial. NRCP 26(b)(4)(D). If a party wishes to depose the other party’s expert, the deposing party must pay the expert’s “reasonable and customary hourly or daily fee for the actual time consumed in the examination of that expert.” NRCP 30(h)(1)(A).
Draft expert reports and communications between counsel and experts are protected from disclosure, with the exception of communications related to: compensation for the expert’s work; the facts or data counsel provides the expert; or assumptions counsel provided the expert which the expert then relied upon to form his or her opinions. NRCP 26(b)(4)(B)(C).
The determination of whether an expert will be permitted to offer testimony at trial falls squarely within the district court’s discretion. It is a case-by-case analysis and will depend on the issues presented in the litigation, the particular facts in the case, and the party who is presenting the expert as a witness.
Personal Injury Lawyer
Many people benefit from hiring an attorney, like a personal injury lawyer from Johnston Martineau, LLP, after an accident. However, that does not mean that it is always the right thing to do. In some situations, the potential downsides of hiring an attorney outweigh the potential benefits.
How You May Benefit From Hiring a Personal Injury Attorney
It is difficult to try to plan a court case while you are still recovering from a serious injury. Hiring a personal injury attorney allows you to concentrate on your rehabilitation and leave your lawsuit in experienced, capable hands.
An attorney’s experience is important when handling a personal injury case. A well-trained, critical eye in evaluating the damage can help identify key evidence that you may miss. Experience filing legal paperwork can prevent a potentially devastating clerical error. Hiring an attorney helps to level the playing field because the other side will almost always have its own legal representation.
When a Personal Injury Attorney May Not Be Required
If you are not injured, or not injured seriously, then there are little to no damages to collect from the party responsible for the accident. If that is the case, then there is no reason for you to hire a personal injury attorney. However, before you make the decision, be sure you get an evaluation from a doctor. Sometimes the symptoms of a serious injury may be delayed, and you may not realize that you are hurt badly until after you have accepted a settlement, at which point it is too late to file a lawsuit.
Before you decide to hire a personal injury attorney, you should understand how you will be billed. Rather than charging by the hour, personal injury attorneys usually bill on a contingency basis. This means that you pay nothing if you lose your case, but if you do win, your attorney takes a portion of your award or settlement. The percentage can vary, but assume that the attorney asks for 33%, or one-third, of the damages you recover. To justify the expense of hiring the attorney, he or she will have to improve your expected results by more than 50%.
If you feel the initial settlement the insurance company offers you is fair, then you can simply accept it without hiring an attorney or filing a lawsuit. However, you should know that the initial settlement offer is almost never really fair, and you might want to think about it before agreeing to it.
Remember that the first offer is almost never the last offer, and once you accept a settlement, you forfeit your right to take any further legal action. A lawyer would be happy to assess your situation and determine what you really deserve when you contact a law office.
Auto Accident Lawyer
Personal injury cases depend on evidence to prove that a careless driver is responsible for paying compensation. Evidence can come in the form of testimony, but when a bicyclist and a driver collide, a jury might have difficulty deciding which person has a more accurate perception of how the injury occurred. Physical evidence, combined with the testimony of neutral witnesses, makes a bicyclist’s injury claim stronger.
To maximize the opportunity to obtain full compensation for a bicycle accident injury, it is important to preserve evidence. Taking some simple steps can help a bicycle accident lawyer bring a successful injury claim.
Making a Police Report After a Bicycle Accident
Every state requires drivers to report a traffic accident to the police if the accident causes an injury. Not every driver follows that rule. An injured bicyclist should either contact the police or make sure that someone else contacts the police. Ask the driver to say at the scene until the police arrive.
It is also wise to ask to see the driver’s license of the person who caused the accident. Making a note of the driver’s name and the license plate will discourage the driver from leaving before the police arrive.
The police will conduct an accident investigation. The officer will gather information to determine how the accident occurred. The accident should take the names of witnesses, but the bicyclist should ask witnesses for their names and phone numbers, just in case they leave before the officer arrives.
The officer might take measurements of the accident scene and will probably draw a sketch. If you think the officer is getting it wrong, make your side of the story known.
Take Photographs After a Bicycle Accident
A bicyclist who is carrying a smartphone should use the camera app to take pictures of the accident scene. Try to take pictures before the car or the bicycle are moved. If the collision dented or scratched the car, take photos of the damage.
Also take some pictures of the bicycle. The photographs will help you prove that the bicycle damage was caused by the collision, not by something that happened later.
If there are skid marks, glass from a broken headline, or scattered debris from the damaged bicycle, photograph them. Since that evidence could be lost with the passage of time, documenting it is the best way to assure that all the facts are known.
Keep Your Damaged Bike for Evidence After a Bicycle Accident
Car crashes often destroy bicycles. Don’t junk the bike. A mangled bicycle makes a powerful exhibit at trial.
Even if the bicycle can be repaired, don’t repair it without first getting legal advice. The bicycle damage can hold clues to how the accident happened. An engineer who examines the bike may be able to draw conclusions that will help you prove your case. For example, if there is a dispute as to which party collided with the other, the nature of the bicycle damage might help you prove that the driver crashed into the bicycle.
In addition, the insurance company that insures the driver must be given an opportunity to inspect the bike. If that inspection might shed light on who was responsible for the collision, you have a legal obligation to maintain the bike in its post-accident condition.
A legal principle known as spoliation allows judges to punish parties who fail to preserve relevant evidence. The judge might tell the jury that it can presume you failed to preserve the bike because you wanted to conceal its condition from the insurance company. A jury might then decide that your failure to preserve the bike proves that you were responsible for the accident.
Before you do anything to alter physical evidence of the accident, talk to a bicycle accident lawyer. Your lawyer can tell you whether and for how long the evidence needs to be preserved.
Personal Injury Lawyer Deer Park, TX
Every now and then, we receive a call from someone who is desperate for legal help, but cannot find any personal injury lawyer to take on their case. Often, these people are feeling hopeless and frustrated because they believe they have a valid case, but yet are only receiving responses such as “We’re sorry, but we are unable to help you at this time. Please consult another personal injury lawyer.”
If you are in a similar situation, we understand that you might be annoyed, but there may be a few reasons as to why you are having a hard time finding a lawyer.
The Reason for Generic Answers
If a lawyer has denied your claim, they most likely did not give you a reason why. In fact, you probably got a very general reply. First and foremost, many lawyers have different expectations for a case. For example, some lawyers will only handle cases that involve large corporations and others will focus on small claims cases. Even if you have been denied by a handful of lawyers, does not mean you don’t have a case. It just means you might be asking the wrong lawyer for help.
To add to this, a lawyer won’t say you have a “bad” case, especially while the statute is running. To say that could mean that you immediately lose hope. It is in the best interest of a lawyer to provide you with a generic response; something like:
“Thank you for contacting our firm. We reviewed your case and are unable to help you.”
If you have received responses like the above, it may be worth your time and effort to keep searching for a personal injury lawyer. Bare in mind, if you were reaching out to any lawyer, such as a general lawyer, it may be a good idea to try talking with a lawyer who focuses on personal injury law. Finally, if you feel like you have exhausted your efforts, the following information may explain why you are unable to find a lawyer for your personal injury claim.
Why Your Case Might Not Have Been Accepted by a Personal Injury Lawyer
- The injuries you sustained were not serious enough
- It is not clear who is responsible
- You were completely at fault
- The anticipated recovery of compensation is not much more than the cost of building your case
- There are relevant damage caps or tort reforms associated with your case
- There are location or proximity issues
- You are not filling a claim for money, but rather as a method of “revenge”
- You have exceeded the statute of limitations
- You did not provide the lawyer with enough information
Potential Problems with Your Medical Care
The lawyer you talk to might ask you about the medical care you have received following the accident. When you received it and through which method can affect the value and strength of your case.
It is your right to seek compensation for your medical care; however, you cannot ask for an amount that cannot be backed up by the doctors’ diagnosis and recommendations. In other words, it has to be reasonable. If you have received any questionable care, a lawyer or defending side may challenge this care. Furthermore, questions might be raised if your medical bills are higher than the average amount of a similar service. If a lawyer is denying your case based on medical care, it may be because:
- You underwent experimental procedures for treatment
- You sought care for unrelated medical issues
- There are significant gaps between your treatment
- You waiting an excessive period of time to get treatment
- You have not followed your doctor’s orders
- You’re being treated by a doctor who has been investigated for fraud
- You have not seen a medical doctor yet, and there is a large gap in time between now and the accident
All lawyers have different expectations. As a general rule of thumb, you should consult 3-8 lawyers before you choose one, or give up. If you would like to talk with a personal injury lawyer Deer Park, TX relies on, call today.
Contact John K. Zaid & Associates for their insight into personal injury claims and why you might be struggling to find a lawyer.
Having a PIP, or personal injury protection, policy while traveling can help the policyholder cover the costs of medical bills and lost wages for himself and his passengers. As opposed to standard automobile insurance, PIP insurance is no-fault auto insurance that covers the driver and associated parties despite who caused the accident. In some states, PIP insurance is a mandatory extension of standard car insurance.
Per the particular policy, personal injury protection insurance may pay up to 80 percent of the driver and passengers’ medical bills, including rehabilitation. Sometimes, PIP covers the injuries of other drivers and pedestrians. If necessary, PIP also covers funeral costs.
Personal Injury Protection Versus Medical Payments Coverage
Medical payments coverage, or Med Pay, is another type of automobile insurance. While medical payments coverage and personal injury protection coverage share similarities, they differ in several ways. Like PIP, Med Pay covers the driver and passengers’ medical bills. Unlike PIP, Med Pay will not cover funeral costs, lost wages and other expenses. Therefore, many drivers prefer PIP.
Claims and Settlements
Generally, a policyholder who has personal injury protection insurance receives a settlement faster than a policyholder who has another type of automobile insurance. However, insurance companies do not always handle claims fairly and quickly. Anyone who is tired of dealing with their insurance company should seek advice from one of the personal injury attorneys at zaidlaw.com. Usually, PIP cases can be resolved without going to court, but if necessary, the attorney can file a lawsuit in order to seek a favorable settlement for the client.
Driving is dangerous, and anyone who spends a lot of time behind the wheel should consider personal injury protection insurance. Besides providing coverage for the policyholder, PIP insurance covers any passengers such as the policyholder’s spouse, children, friends or coworkers. The decision to forego PIP insurance is simply not worth the risk.
Many times a person in an auto accident hasn’t clue what to do especially if damages are involved. Oh, sure, medical and the police may be involve but that’s only to insure that the people involved know who to contact. The first step a person should remember is to keep your mouth shut and don’t admit anything. The second step is to contact a personal injury lawyer who handles cases like this for a living. However, in some cases, people are hesitant to contact a personal injury lawyer for many reasons. Here are few myths you should remember that are not true:
When hiring a lawyer who specializes in personal injury cases it will cost a fortune.
The truth is that most cases of this type are taken on a “contingency” basis which simply means if your lawyer loses the case and the judge does not rule in your favor, you owe nothing.
Another myth is that a personal injury lawyer spends his or her time running around town looking for car accidents.
Actually, in most cities a personal injury lawyer is forbidden from contacting any accident victims prior to thirty days. It’s a rule in most states.
A personal injury lawyer can file a false law suit claim.
Oh, please. A personal injury lawyer is not going to file a frivolous lawsuit and lose their license that may or may not have any chance of being awarded a small or large settlement.
Payouts on a personal injury claim is guaranteed.
You wish. Insurance companies will fight your claim, so your lawyer, if they have a case, should build a good, strong case.
As of 2014, there are about 318.9 million people living in the United States. Now, we all know that no human being is perfect 24/7, which means that with all of these people there are bound to be some accidents. However, you are lucky that every person has the ability to protect his/her legal rights after an accident or injury. This article is for those who may be unfamiliar with personal injury law, or how to proceed after an accident or injury occurs.
A personal injury case is a legal dispute that occurs when a person suffers harm from an accident or injury that someone else may be legally responsible for. It can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment. Formal lawsuits are started when an individual files a civil complaint against another person, business, corporation, or government agency, claiming that they acted carelessly in connection with the accident or injury. However, it is common that such disputes are resolved through an informal settlement before any lawsuit is filed. These informal settlements occur among those personally involved in the dispute, their insurers, and attorneys representing both sides. It is a negotiation that is followed by a written agreement in which both sides agree to resolve the matter through an agreed upon amount of money.
If you have had an accident that has impacted your life, you will want to consult with an experienced attorney to see if you should pursue a lawsuit or reach a settlement. It is advised to do so as soon as you can after the accident/injury due to statutes of limitations. Statutes of limitations are like deadlines in which you have to pursue legal action or else you can no longer do so. They are established by state law and often vary by type of injury. For example, in Texas, it is two years for an injury, but five years for sex crimes and one year for libel or slander.
If you believe that you have the potential for a personal injury case, it is very important to consult an experienced attorney. It is good to know as many details as you can about the events that led up to the accident/injury and all that were involved. Gather all the information you can before consulting an attorney. The more facts you can provide him/her, the better they can work to help you out.