Texas Personal Injury and Insurance Blog

Lost wages or income due to personal injury

2011-06-22T13:25:00.000-07:00

If you are injured in a "tort" claim, you generally have the right to be compensated for your lost wages or lost income due to your inability to work or earn income due to your injury. In other words, if you cannot work due to your injuries, the at-fault party should be responsible to pay your lost income.

Generally, you are entitled to recover your lost income even if you use your sick leave and don't specifically lose any income. This is because you did lose something - the sick time that you would have had otherwise. Each state has its own specific rules about what lost income is recoverable

In Texas, you are entitled to be reimbursed your past wages with a reduction for the federal income taxes you would have paid on such wages. This means that in every case, an expert (usually an economist or a CPA) will be required to testify about your lost income and the taxes you would have paid on the income.

If there is evidence that it is probable that you will lose income in the future due to your injuries or the effects of the injuries, you can also be compensated for the probable future lost income. In this case you would have to have the expert testify to the present value of the lost future income with a reduction again for income taxes that would likely have to be paid on the income. (Generally, you would also want the expert to testify about the effect of inflation on your likely future income. This means that the expert would have to testify about probable future inflation, then discount the probable lost income for its present value and then reduce the income by probable taxes that would have been paid on the income.)

In summary, if you have any significant lost income due to injuries in a tort claim, you will likely need assistance from an experience personal injury lawyer who knows the law and can obtain the proper evidence to prove your lost wages as required by the law.

What damages can be awarded to me for a personal injury claim?

2011-06-20T15:08:00.000-07:00

If you are injured due to an act of negligence or other tort (torts are violations of standards of care that result in injury, such as an injury caused by someone being negligent, a product defect causing an injury or an intentional act such as an assault), you can be awarded damages for the medical bills incurred to treat your injuries, lost wages or income due to your injuries, compensation for your pain and suffering and mental anguish due to your injuries, compensation for any impairment due to your injuries and compensation for any disfigurement resulting from your injuries.

The first and many times most important element of damages is likely to be compensation to reimburse you or pay for medical bills you incur to treat your injuries. In an auto collision, you may injure your neck or back or suffer an injury or fracture to some other part of your body. The law generally allows you to seek an award of damages to compensate you for the cost of medical treatment for the injuries you incurred in the collision. Technically, you are entitled to be compensated for the "reasonable cost of necessary medical treatment." You are entitled to be reimbursed for the medical bills you incurred prior to any settlement or judgment and also for those medical bills that in "reasonable medical probability" you will incur for treatment of those injuries in the future.

Generally, the past medical bills are easy to determine. Complications in determining the amount of past medical bills necessary to treat your injuries occur when you have a pre-existing condition that was being treated or where your treatment includes unrelated other medical conditions.

Future medical bills are generally harder to establish. In order to prove future medical bills, a qualified medical provider will have to establish the necessity and the probability of the future treatment. Even then, it is not a guarantee since the term probability means that there is some chance that no treatment will be necessary. Generally, future medical bills have to be discounted (or reduced in amount) by the delay into the future in which they will be paid. In other words, if medical expenses are expected to be incurred 20 years from now, an economist will have to calculate and testify about what amount today, held in an interest bearing account, will pay for the medical bills in the future. (The economist should also take into account the effect of inflation on future medical costs and both increase and reduce the future medical expenses to "present value.")

In summary, although it would seem simple to determine the medical expenses that should be awarded to someone injured in a "tort" claim, in only the most insignificant injury claims is that the case. In claims involving significant medical treatment and cost and potential future medical treatment, the determination and proof of such medical bills is the task for an expert in personal injury law.

What damages can I be awarded if I am in accident

2011-06-14T12:06:00.000-07:00

Many folks wonder what they can obtain as far as compensation when they are in an accident. As usual when it comes to the law, it depends on the specific of the accident.

For example, if you are in an auto collision, you can generally recover damages for the property damage you incur, the medical bills you incur to treat your injuries, the wages or income you lost due to your injuries and compensation for your pain and suffering and mental anguish due to your injuries.

Today I will discuss the property damage aspect of your claim.

If you are in an auto collision and your vehicle is damaged due the fault of a third person, you are entitled under the law to recover either the repair cost or the market value of the vehicle. The insurer for the at-fault driver gets to decide which one. Generally, if the cost to repair and provide you a replacement vehicle during the reasonable time to repair the damaged vehicle is less than the market value of the damaged vehicle, the insurer will pay for the repairs to the vehicle. All the insurer owes is the cost to repair the vehicle to the condition it was in immediately prior to the collision. So, if there are pre-existing dents or rust, the insurer does not have to pay to repair those areas.

If the insurer decides to "total" the vehicle, the insurer owes the market value of the vehicle. Many times, with low down payments and long term payment schedules, I see vehicle owners who owe more money to the lien holder than the market value of the vehicle. (This is called "being upside down.") Even though the collision was not your fault, the law requires that only the market value be paid and not the amount owing to the lien holder. Finding this out can be quite traumatic on the innocent driver.

There are ways to try to protect yourself from being "upside down." You can make a larger down payment on the vehicle when you purchase it. You can purchase a used car - generally new cars sell at a premium and, when you drive the vehicle off the lot, you lose a substantial amount of market value. Or, you can purchase "gap" insurance when you obtain a loan to pay for the vehicle. "Gap" insurance is a relatively new loan product, and it does exactly what it says - it fills in any "gap" between the market price of the vehicle and amount owed to the lien holder. Someone buying an expensive new vehicle with a small down payment and a long payment schedule, should purchase "gap" insurance - you will be glad if you are in a collision.

If the vehicle is repairable, then by law you are entitled to a replacement vehicle during the reasonable time to repair the vehicle. If the car is "totaled" the law does not provide for a replacement vehicle until you can purchase another vehicle. This seems wrong, but, again, it is the law as determined by the Courts over the last 100 years.

So, in summary, property damage generally is relatively "cut and dried." The vehicle is either totaled or repairable. If totaled you get the actual market value for the vehicle. If the vehicle is repairable, you get the damage done in this specific collision repaired and a replacement vehicle during the reasonable time it takes to repair the vehicle.

Next time we will talk elements of damages for bodily injury claims.

Contigency Fee Contracts

2010-11-05T13:58:00.000-07:00

Most individuals who hire lawyers to represent them in personal injury claims enter into contingency fee contracts with the lawyer. A contingency fee contract means that the lawyer agrees to represent the person and will be compensated by receiving a portion of any recovery. The lawyer is not paid as the case goes along. Generally, the lawyer advances any costs necessary to pursue the injury claim. The client pays nothing until there is a monetary recovery. If there is no monetary recovery to the client, the lawyer does not get paid. Generally, in that circumstance the lawyer also is not reimbursed the expenses he has advanced.

Contingency fee attorney representation contracts allow individuals with little or no money or assets to hire a lawyer, when otherwise they would not be able to do so. Without the ability of the individual to hire a lawyer on a contingency fee basis, the individual would not be able to hire a lawyer. Basically, lack of the finances would mean that the individual would be unable to pursue his claim for monetary damages.

Corporations and insurance companies have plenty of money to hire and pay lawyers on an hourly basis. They can pay the lawyer as he or she does the work - generally their lawyers are paid based on the number of hours that he or she works on the case.

A person severely injured due to an auto collision, unless they are independently wealthy, will be unable to pay a lawyer like a corporation or insurer does. The only way the injured person can hire a lawyer to pursue their injury claim is by hiring the lawyer on a contingency contract.

A benefit of this method of representation is that the lawyer for the injured person will evaluate the chances of success early on during the representation. A lawyer who is only going to be paid if a successful monetary recovery is made will not continue working on a case if the case will not result in a fee proportionate to the work involved in the case.

For example, in a traffic intersection collision case, the lawyer hired by the injured person will have a great incentive to confirm that his client was injured due to the fault of the other driver. If he finds out that his client was the one at fault, the lawyer working on a contingency fee contract will withdraw from the case. This incentive to only take meritorious cases is strong reason to allow lawyers to be retained via a contingency fee contract. (A lawyer paid based on the hours worked on the case, regardless of the outcome, would have the incentive to continue to work on the case.

In summary, contingency fee contracts allow those without financial means to hire lawyers to represent them in pursuit of compensation for damages incurred. Additionally, contingency fee contracts have the desirable incentive of having lawyers refrain from pursuing non-meritorious claims.

Premise Liability - Slip and Fall - Part 3

2010-10-28T13:31:00.000-07:00

If you are classified as a licensee - or social guest - the owner of the premises only owes you the duty to warn you of dangers that the premises owner already knows about. In other words, the premises owner does not owe you a duty to reasonably inspect the premises for dangers. The premises owner can close his eyes to danger and then not be liable if the danger unknown to him because he closed his eyes injures you.

If you are classified as a trespasser, the only duty the premises owner owes to you is not to intentionally injure you. As I said in an earlier post, trespasser in this case means all others except invitees and licensees.

In an earlier post, I explained that you can be an invitee on the store's sales floor but become a trespasser if you enter into a non-sales area.

For example, you are having your tires replaced. If you leave the sales area or the waiting area to get a closer look at the tires - to make sure they are putting on the ones that you bought - you have become a trespasser. And the only duty the store owes you is not to intentionally injure you. They can know that there is a hidden danger with which you will come into contact and become injured and yet they do not owe you even the duty to warn you.

Most people would not think of themselves as trespassers if they went to assure themselves that the proper tires were being installed. But the law would. And it makes a huge difference in the duty owed by the premises owner.

This completes my posts on premises liability. Call me or email me if you have any questions.

Rick

Premises Liability - Slip and Fall - Part 2

2010-10-25T18:27:00.000-07:00

Part 2.

Once you are categorized with regard to your relationship to the premises, the duty of the premises owner to you is known. Then you can attempt to prove your claim.

Today I am going to discuss the most likely premises claim - that of an invitee (business customer) injured while on the business premises.

You are shopping and slip and fall injuring your knee. You call a lawyer wondering if the store is responsible for your medical bills and lost wages.

If the lawyer knows what he or she is doing, the first question asked will be: What caused you to fall? This is because the burden is on the injured person to prove what premises defect caused them to fall.

If you know what caused you to fall, the second question should be: How did it get there? This is because it is the burden of the injured person to prove how premises defect was created or how long it had been on the floor.

Texas law requires the injured person to prove that there was an unreasonably dangerous condition and that the condition was known by the premises owner or that the premises owner should have known of the danger - generally this second method (should have known) is established by proving how long the premises defect had existed before your injury.

The next question from the lawyer should be: Was there any warning of the premises defect to you? This is because the burden is on the injured person to prove that the premises owner had not remedied or warned of the dangerous condition.

If you gave the proper answers, the question then becomes: Was it negligent for the premises owner to fail to remedy or warn of the dangerous condition?

And, if it was negligent: Was that negligence a proximate cause of the injuries to you?

As you can see, there are large burdens on the injured person and no burden on the premises owner - until there is a finding of negligence and proximate cause.

Once there is such a finding, the burden is on the premises owner to prove that you should have seen or avoided the dangerous condition. This is called contributory negligence and whatever part you played in contributing to your injuries will be deducted from any damages awarded.

So, if you can prove what caused your fall, that the store knew or should have known of the defect, that the store failed to warn you of the defect, that the store's failure to warn you or fix the defect was negligence and that such negligence was a proximate cause of your injuries, the store may owe you damages - unless your fault contributed more to your injuries than the store's fault.

This is the burden of proof on the invitee - the store's business customer. The burden of proof is even greater on licensees and trespassers.

I will discuss more in my next entry - Part 3.

Slip and Fall and Premises Liability Claims - Part 1

2010-10-21T12:44:00.000-07:00

I get calls every week from people who have fallen or otherwise been injured due to a premises defect. Generally, these cases are called slip & fall claims. This is because many times a person has fallen due to a slick substance on the floor.

Premises liability claims are difficult claims to successfully pursue in Texas. This is because of the heavy burden on the person injured.

In order to be compensated for their damages, the injured person has to jump through several hoops. First, Texas law puts each person into one of three categories: You are either an invitee, a licensee or a trespasser. These are legal terms and don't mean what a lay person might think they mean.

An invitee is generally thought of as a business customer. If you go into a department store to shop, you are an invitee. To be an invitee there has to be a mutual benefit between the premises owner and the person coming onto the premises.

A licensee is generally considered to be a social guest. The benefit flows only one way - to the person coming onto the premises, not to the premises owner.

A trespasser is everyone else. For purposes of premises liability, there does not have to be a sign saying "stay out" or "posted." If you are not considered an invitee or licensee, you are a trespasser.

And, you can be an invitee for some purposes and a trespasser for others. For example, you go into the department store to shop. When you are in the sales area you are an invitee. But, if you went into the stock room, you would most likely become a trespasser. (Unless an employee invited you into the off-limits area.)

How you are classified determines what care a premises owner owes to you. If you are an invitee, the premises owner can be held liable for your damages if he knows or should have known of a dangerous condition that ultimately injures you.

If you are a licensee, the premises owner only owes you a duty to warn you of dangers he knows about.

If you are a trespasser, the premises owner only owes you a duty not to cause you injury due to his intentional act.

Once the court has categorized the injured person, it can begin the process of determining if the premises owner is legally liable for the injuries. That process will be explained in Part 2.

Work - Life Balance

2009-10-23T07:35:00.000-07:00

I always hear about the younger generations (the gen Y & millennials) making better decisions regarding their balance of work and the rest of their life than their parents have (the baby boomers). But it does not appear that ALL of them are on the program. See the memo below that came from a partner in a large law firm:

From: A William Urquhart.
To: Attorneys.
Time: 9:21 a.m.
Re: CHECK YOU [sic] EMAILS OFTEN

Now more than ever there are many talented lawyers and law firms competing for our business. Doing really good legal work is not enough. Clients expect that and well they should given what we charge for our services You must all realize that we are in a service business. In this day and age of faxes, emails, internet, etc. clients expect you to be accessible 24\7. Of course, that is something of an exaggeration—but not much.

LESSON NUMBER ONE: You should check your emails early and often. That not only means when you are in the office, it also means after you leave the office as well. Unless you have very good reason not to (for example when you are asleep, in court or in a tunnel), you should be checking your emails every hour. One of the last things you should do before you retire for the night is to check your email. That is why we give you blackberries. I can assure you that all of our clients expect you to be checking your emails often. I am not asking you to do something we do not do ourselves. I can assure you that John Quinn, Peter Calamari, Mike Carlinsky, Faith Gay, Fred Lorig, etc. all check their emails often.

Yesterday I was working with a relatively new associate on a project which both he and I knew was a rush. It was for a relatively new client whom we were trying to impress. The associate did a nice job under pressure. Before I left the office at about 7:30 I sent an email to this associate asking him to perform a task—fax a draft letter for review and comment. I assumed the task was done. Turns out the associate left the office and did not check his emails until this morning. I assumed the task had been completed. It had not been. In this case it was no harm no foul, but I think we can all imagine scenarios when this could be a disaster.

So much for work-life balance.....

Arbitration

2009-02-15T07:15:00.000-08:00

More and more individuals are confronting arbitration clauses when they have disputes. Arbitration clauses are contained in almost all credit card agreements, bank or consumer loan contracts, real estate contracts, and investment related contracts. In fact, it is unusual to find a consumer contract with a business that does NOT contain an arbitration clause.

Arbitration clauses require that most, if not all, disputes that "relate to" the consumer activity be arbitrated --in other words they are resolved outside the judicial system. A major factor in arbitration clauses is that a consumer's right to have a jury decide the dispute is abrogated.

Arbitration clauses are contractual agreements. The are usually contained in the contract wording. Sometimes they are clearly pointed out and the waiver of your rights to have a judicial resolution of any any dispute is highlighted. Other times, the arbitration clause is in the "fine print." Either way, courts usually enforce the arbitration agreement. Courts rarely find a reason to declare the arbitration clause void.

Suffice to say, arbitration is a dispute resolution system that is in vogue and will remain a large part of consumer and business contracts for the future.

In later entries, we will discuss the many aspects of arbitration and the good and bad of arbitration.

Workers Compensation and Third Party Claims

2009-02-02T07:14:00.000-08:00

If you are injured on the job by a third party (someone not also working for your employer) generally, you can make a claim for your injuries against that person -- and also accept workers compensation benefits. Here is how that is done......

If you are injured on the job and your employer carries workers compensation insurance, you have the right to receive workers compensation benefits including payment of your medical expenses and weekly compensation checks if you are off work due to the injury. There is an entire agency in Texas charged with administering the benefits as set out in the statutes.

If a "third party" was responsible for causing your injuries, that third party (individual or business) can also be held liable under standard tort law for compensating you for your injuries.

Under workers compensation law you are restricted in the elements of damages that you are entitled to and also those damages are generally capped at less than your full damages.

In the third party claim you can assert your rights to be fully compensated for all the elements of damages available to you. So, a third party claim will generally compensate you in amounts greater than you will receive under workers compensation.

Once you make a monetary recovery under your third party claim, you are required to pay back workers compensation what it paid to you. Also, any net you receive from the third party claim (net being defined as what you receive from the third party case after attorney fees and expenses are deducted) is considered an advance against any future workers compensation benefits that might be owed to you. In other words, you have to use up your net third party recovery before you can again receive workers compensation benefits.

In a later posting I will explain how workers compensation can be responsible for a portion of your attorney fees in the third party case -- allowing you to net out more from the third party claim.

Subrogation

2009-01-27T16:57:00.000-08:00

Subrogation is the legal term when one person or entity is entitled to "stand in the shoes" of another person. Generally, subrogation arises when an insurer makes a payment to a person and that person has a claim against a third party. If the person is successful in the claim against the third party, the insurer is entitled, under the ldoctrine of subrogation, to get its money back out of the third party's payment.

For example, Joe is in auto accident. Joe's health insurer makes payments on the bills Joe incurs for his medical treatment. Joe's health insurer has the right to subrogate against any claim that Joe has against Mary,the person who caused the accident. If Joe is successful in asserting a claim against Mary, Joe's insurer is entitled to be reimbursed what it paid on Joe's medical bills out of Mary's payment to Joe.

In addition, if for some reason Joe did not pursue a claim against Mary, Joe's health insurer could sue Mary in Joe's name, asserting its right of subrogation. This is generally a contractual right that Joe agreed to when he entered into the contract. Even if Joe did not want Mary to have to pay, Joe's insurer has the right to sue Mary, regardless of Joe's desires.

In theory, subrogation seems to be fair and equitable. But, in practice, many times it is not.

For example, many insurers refuse to pay their part in the pursuit of the claim against the third party. Many times these claims can be very difficult and expensive. If, in our example above, Joe had made a claim against Ford for a defective vehicle design that caused the accident, it might have cost Joe tens of thousands of dollars to successfully pursue the claim. Yet, under the doctrine of subrogation, as declared by the Texas Supreme Court, the health insurer would not have to pay its proportionate share of the cost to obtain the payment. In other words, the health insurer can freeload on Joe's effort and gain the benefit of his effort without taking any risk or even paying it share of the cost of the effort.

So, in practice, subrogation allows insurers to freeload on an injured person's efforts and obtain full reimbursement with no risk and no cost to the insurer.

Family Member Exclusion

2009-01-23T07:34:00.000-08:00

There is a terribly mean spirited provision in all Texas auto policies. The provision excludes from coverage under an auto liability policy coverage for damages caused by a family member to a resident family member in a collision. This is called the "family member exclusion."

Example: Grandmother is driving grandchildren to day care. Grandmother negligently causes collision resulting in severe injuries to one of the grandchildren.

If the injured grandchild doesn't live in the same house as the grandmother, the grandchild can make a claim under the grandmother's liability policy for the injuries and damages suffered by the child.

BUT, if the grandchild lives with the grandmother, the family member exclusion excludes the grandchild from the right to make a claim under the policy.

The family member exclusion acts to provide immunity to the liability insurer in situations where family members who live with the driver are injured. This exclusion has terrible consequences on the youngest and most innocent passengers.

Insurance companies argue that the basis of the exclusion is to keep family members from colluding to defraud insurance carriers. For some reason, insurance companies feel that resident family members are more likely to defraud insurance companies than friends or even family members who don't live together. There are no studies or other objective indications that that family members who live together defraud insurance companies. And, in every claim, the insurance companies investigate to make sure there is no fraud in the claim.

There is no basis for this exclusion, EXCEPT to increase profits of insurance companies.

How many of you knew about this exclusion? How many of you thought that your family members who live with you would be treated the same as a stranger who you negligently injure? In fact, in my experience, insureds think that their family members will be treated BETTER, since they are paying the premiums.

This exclusion has been enforced by the Courts for years, with no basis to uphold the belief that family members are defrauding insurance companies.

In fact, in my example above -- a real case I have seen -- can anyone believe that a grandmother would collude with her 4 year old grandchild and then subject her 4 year old grandchild to serious injury or death to obtain insurance benefits???? It baffles the mind!!!

But, until we get the legislature to prohibit this exclusion, resident family members will be excluded from coverage under the policies and considered, by the insurers, as frauds.

Contact your legislator and tell them to act to prohibit the "family member exclusion."

What auto insurance should I purchase?

2009-01-22T03:12:00.000-08:00

In my practice I get this question often -- but almost always after the need for insurance has already occurred. The "horses are already out of the barn" by then.

Here is what you should do to meet the law (specifically Texas law) and protect yourself and your loved ones:

1. Purchase at least the minimum required liability insurance and keep it paid up to date. You have to do this to legally drive down the road. Failure to carry at least the minimum coverage can be disastrous - legally, financially and emotionally, if you are in an accident that happens to be your fault. (And any of us can look away for a second and be in that accident.)

2. Once you have purchased the minimum liability coverage, you need to assess your needs. There are different coverages you can purchase and different needs you may have that someone else might not have.

3. You should select as much liability coverage as you can afford and evaluate how much you need to protect your assets. If you have a real estate or other property, cars, boats, money in the bank, retirement accounts, etc. That is potentially subject to being taken from you and applied to any judgment against you for an accident you caused. You should make sure that your assets are protected by purchasing high enough liability coverage to protect those assets. It is much cheaper to pay an insurance premium than it is to recreate all these other purchases, if they are taken from you to pay a judgment. (My father termed the failure to protect you assets in this manner "penny wise and pound foolish.")

4. The major coverages in addition to liability coverage are:

uninsured/underinsured motorist coverage
collision coverage
comprehensive coverage (also known as "other than collision coverage)
personal injury protection coverage
medical payments coverage
towing
death benefit

5. I put these in this order because this is the order in which you should evaluate purchasing them.

6. Uninsured/underinsured motorist coverage (UM) is a VERY important coverage to carry. Anyone driving on the roads today should have UM in the same amount as their liability coverage. UM covers you and your family and anyone in your vehicle in case an uninsured or underinsured person causes an accident in which you are injured. In other words, it acts as the other driver's liability insurer -- which provides coverage to you and your family if the person who causes the collision is not responsible and does not buy insurance. Unfortunately, those who lack the responsibility to carry liability coverage are more likely to lack responsibility when they drive down the road - thereby causing more accidents.

7. UM is the MOST important coverage to buy, once you have your liability coverage. And you should purchase it in the SAME amount as your liability coverage. Why would you buy $100,000 worth of insurance to protect your assets and buy only $25,000 to protect your self and your family -- they are worth much more than all your assets. And the BEAUTY of UM coverage is that it is CHEAP - compared to liability coverage. SO PROTECT YOUR FAMILY - BUY UM COVERAGE!

8. Collision coverage is just what it sounds like. If you collide with something, your insurer will cover the damage to the car or pay you the market value of the car -- reduced by whatever the deductible is. When you decide on the deductible, you have to compare how much the premium on the coverage is compared to how much you can afford to pay on the damage to the car. It is a balancing act. The larger the deductible, the smaller the premium. I generally see $500 and $1000 deductibles now days. You have to decide what you can afford when picking your deductible.

9. Comprehensive or other than collision coverage is also pretty self explanatory. This coverage provides payment if your vehicle is damaged in some way other than in a collision. For example a hail storm -- or a fire. The deductible work the same as in collision coverage.

10. Personal Injury Protection (PIP) is a type of coverage that is mandated by the law for the insurance carrier to provide to you, unless you reject it in writing. Once you reject it in writing that rejection applies to ALL policies you purchase from then on, unless you unreject it in writing. This is a VERY important coverage. It will provide reimbursement to you for medical bills and lost wages you suffer due to an injury in a collision -- in addition to any claim you have against another driver. (One of the few times you can make a double recovery of your damages.) This coverage is cheap and very important if you incur medical bills -- even if you have health insurance. (Because health insurance has higher and higher deductibles and co pays, PIP is great to have to assist in paying those.)

11. Many insurance agents advise NOT purchasing PIP. Don't listen to them. PIP is second only to UM in protecting yourself, your family and those riding in your car if you are in an accident. PIP is sold in increments of $2500. The minimum is $2500. I suggest pricing it and buying as much as you can afford. Medical expenses have gotten outrageous. There are many times I see hospital emergency room bills over $10,000 where the person is treated and released and has only soft tissue injuries.

12. Medical Payments (Med Pay) coverage is very similar to PIP but is not mandated in the statutes. PIP is a much better buy than Med Pay. If you are going to buy this type of coverage, make sure you buy PIP and not Med Pay. (Med Pay only reimburses medical bills and not lost wages and Med Pay has to be repaid to the insurer if you make a recovery against a third party - no double recovery - and it cost about the same as PIP.) You get more bang for your buck with PIP.

13. Towing is another coverage. It is not expensive but not used much. You have to decide whether you can pay a towing bill if one arises.

14. Death benefits is another less purchased coverage. If you are killed in an accident, it will pay a death benefit to your family, estate or designated person. Usually this payment is available to pay or assist in paying funeral costs. This is a coverage for which each individual has to assess his or her individual need.

These are the main coverages available to be purchased when you go to buy auto insurance. If you have questions about this are any other issue with regard to accidents or insurance, contact Rick Freeman.

What to look for when selecting a personal injury lawyer.

2009-01-21T13:58:00.000-08:00

An accident occurs -- someone close to you is injured or killed. What to do?

Many folks, once they have weathered the immediate storm, decide to hire a lawyer to assist them with investigating the accident and potentially pursuing a claim. As a lawyer with 30 years of experience representing individuals and family members, let me provide some insight into what you should be looking for when selecting a personal injury lawyer.

1. If you have a trusted lawyer, contact that lawyer about referrals. Lawyers generally know the reputations and qualifications of other lawyers and can give good advice. If the particular lawyer you know does not know someone, they will generally know who to contact to get good advice.

2. Many people don't have a trusted lawyer to contact. In that case, it takes more research to find a qualified personal injury lawyer. Don't turn to the first lawyer you see advertising on TV. And don't select the lawyer who has the TV ad you like the best. Most highly experienced and highly qualified lawyers don't need to advertise on TV to get their clients.

3. Having refused to select a TV advertising lawyer, the next step is to ask trusted friends or advisers if they know of any personal injury lawyers that they can recommend. If they do, that is the first step to selecting a lawyer.

4. Once you have a name or, even better, several names, start researching the lawyer's qualifications.

5. Are they Board Certified in Personal Injury Trial Law? Only approximately 3% of all lawyers in Texas are Board Certified in Personal Injury Trial Law. These lawyers have passed a specific test regarding personal injury lawsuits, have been recommended by other experienced lawyers and judges and have prepared and tried lawsuits involving personal injuries.

6. Does the lawyer have experience handling similar cases? Lawyers who have handled specific types of cases usually have greater knowledge about investigating and pursuing specific types of claims. This is especially true for complex cases, such as medical malpractice, defective products, construction related claims and trucking accident claims.

7. Contact the lawyer and find out who will be doing the work on the case. Will the experienced lawyer do the work or will some associate do the work?

8. Finally, research the background of the lawyer. Has the lawyer been involved in personal injury related organizations or associations. In Texas, the most well known organization of personal injury lawyers is called the Texas Trial Lawyer Association. If the lawyer has been extensively involved in that organization, he or she has been recognized by his or her peers as a highly qualified lawyer in the personal injury area.

9. Also, meet with the lawyer. See what the office and office staff are like. Do they meet you with a smile? Are the open to answering your questions? Do they seem to genuinely enjoy assisting persons? Or do they seem only interested in the fee they may earn?

10. If your friends or advisers don't have any names, then contact some lawyers who are Board Certified in Personal Injury Trial Law (you can find them listed in the yellow pages and by researching them on the internet) and follow the steps 6 - 9 above in researching those lawyers.

At the end of the selection process, hopefully you will have selected a well-qualified lawyer who you have confidence in and with whom you enjoy working.