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Personal
Injury
Auto
Accidents
Medical
Malpractice
Nursing
Home Neglect
Personal
Injury
AUTO
ACCIDENTS
If you have been injured in an automobile accident which was the other
driver's fault, of if you were a passenger in a vehicle and suffered
injuries as a result of the negligence of the driver, you mae have a claim
against that driver's automobile insurance company for compensation for
your losses. Your losses will include your medical expenses, any lost
earnings and earning capacity due to your injuries, physical pain and
mental anguish,disfigurement and any permanent impairment. In order to
protect your claim, you should seek immediate medical attention, either at
the emergency room or with your family doctor, as soon as possible
following the injury, depending on the circumstances and the extent of
your injury. You should also let your employer know why your are not able
to work and obtain a doctor's note for your absence.
Some insurance companies will try to convince you to not hire an attorney
by promising to pay your medical expenses and lost wages. The insurance
adjuster will assure you that she or he will negotiate a fair settlement
of your claim, but it will only be fair to the insurance company. We do
not recommend that you deal with an experienced claims adjuster from the
other party's insurance company without the benefit of your own attorney.
You may also be entitled to Underinsured Motorist, Personal Injury
Protection or Medical Payments benefits from your own policy. Certainly,
you should not give a recorded or written statement to anyone without
consulting with a qualified attorney first. Choosing an attorney to handle
your claim responsibly and effectively is the most important decision you
will have to make following a accident. Remember, retaining an attorney to
file an accident claim does not mean that you are filing a lawsuit against
the other driver. The vast majority of insurance claims are settled before
a lawsuit has to be filed. However, it is important to hire an attorney
that is Board Certified in Personal Injury Trial Law in case the claim
needs to be litigated and possibly tried.
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MEDICAL MALPRACTICE
Medical malpractice is negligence committed by a professional health care
provider - a doctor, nurse, technician, hospital, or hospital worker -
whose performance of duties departs from a standard of care of those with
similar training and experience, resulting in harm to a patient.
In order to file a lawsuit against a physician or other health care
provider, you should have a permanent, significant injury and be able to
present evidence from a medical expert that malpractice was in fact
committed. Some states have passed laws capping damage awards, limiting
attorneys' fees and shortening the time period in which plaintiffs can
bring malpractice suits.
Talk to an attorney as soon as you think you have a medical malpractice
claim and first ask about the deadlines to file a claim in your specific
case. Tell the attorney exactly what happened to you, from the first time
you visited your doctor through your last contact with him or her. What
were the circumstances surrounding your illness or injury? How did your
doctor treat it? What did your doctor tell you about your treatment? Did
you follow your doctor's instructions? What happened to you? Answers to
these and other relevant questions become important if you think your
doctor may have committed malpractice.
Remember, there are important deadlines associated with the filing of a
medical malpractice claim. You may have a deadline of six months or less,
such as giving notification to a government supported hospital. You may
have a deadline of two years from the date of the malpractice, or it could
be extended in your case. If there is concern that there may have been
medical malpractice, it is most important that an attorney Board Certified
in Personal Injury Trial Law be consulted as soon as possible.
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NURSING HOME NEGLECT
A nursing home is a facility that provides skilled nursing care and
related services for residents who require medical or nursing care, above
the level of room and board, that can be made available only through
institutional facilities. Usually, these facilities provided care for the
elderly, but such health-related care and services can also include
rehabilitation services for injured, disabled, or sick persons.
Although institutional care, by its very nature, substantially limits
one's lifestyle and scope of privacy, one should nevertheless expect high
quality, compassionate and dignified care from nursing facilities. Federal
and state laws protect residents in nearly all nursing facilities. These
laws require that nursing homes meet strong basic standards for the
quality of life of each resident and for the provision of services and
activities.
There are many specific rights guaranteed by law, including (1) to be free
from abuse and exploitation; (2) to safe, decent, and clean conditions;
(3) to be treated with courtesy, consideration, and respect; (4) to
complain about the nursing home without retaliation; (5) to retain
services of a physician the resident chooses; (9) to refuse treatment; (7)
to manage the resident's own finances; and, many others.
If a nursing home resident suffers serious injury due to lack of proper
care or negligence, a Board Certified Personal Injury Law Attorney should
be consulted about a potential damage claim.
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PERSONAL INJURY
If you have been seriously injured due to the negligence of another, you
probably have a claim for damages. The first thing you should do is seek a
free consultation with a Board Certified Personal Injury Attorney. Only 3%
of Texas attorneys are Board Certified in Personal Injury Trial Law. If
you hire a Board Certified attorney you will know that he or she has
special competence to handle your claim. Your attorney will probably
represent you based upon a percentage of the recovery plus claim expenses
when the case is concluded.
You should not give a recorded statement to anyone unless your attorney
approves it. Your statement may be used against you to nullify or reduce
your claim for damages.
You should get quality medical care as soon as possible to treat and
document your injuries. If your attorney has a registered nurse on staff,
the nurse can answer your questions about the type of doctor that you
need. You should use your health insurance to pay for your treatment. If
your health carrier refuses to pay since it is a personal injury claim,
your attorney may be able to enforce this coverage that you have. The cost
to you will be much lower.
When seeking medical treatment, be sure to be honest and accurate in the
forms that you complete and in what you tell the doctor and staff. The
insurance company of the negligent party will get this information. Your
credibility is very important.
Your attorney should promptly and thoroughly investigate the occurrence
that caused your injuries. He or she will see that appropriate photos and
statements are taken before the insurance investigator does it, if
possible. The cost of the investigation would normally be paid by the
attorney until a recovery is made. The medical bills are your obligation,
regardless of recovery.
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