I slipped and fell. Can I sue?

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I slipped and fell. Can I sue?

In Texas, slip and fall claims or premises liability claims can often be tricky. The burden of proof is on the injured party to show that that the property owner knew or should have known that the property posed a serious danger and that the property owner failed to exercise reasonable precautions to ensure the safety of their guests. So, the question, should not be whether you can sue but whether you can successfully prove the property owner had notice of the dangerous condition and failed to correct defaults.

Here are three things essential to any Texas slip and fall claim:

1. The property owner owed a duty of care to you and failed to perform the duty.

2. The property owner failed to exercise proper care and caused your injury.

3. You, the injured party, suffered a loss, you were severely injured and suffered damages as a result of the injury. These damages would include loss of wages or earnings, medical bills, prescription expenses and possible exemplary damages which are often referred to as “special damages”.

If you or a loved one have suffered a slip and fall and have been injured, contact Farrah Martinez Houston Slip and Fall Lawyer at (713) 853-9296. Farrah will review your claim. If she agrees to represent you, she will seek maximum compensation for the losses and injuries you have suffered.

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Texas Bad Faith Insurance Claims

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At some time or another, we all have to call on our insurance companies because we have suffered a loss covered by our insurance policy. That is the reason you purchased insurance “just in case” something happens.

What is a Bad Faith Insurance Claim?

An insurance company cannot simply deny your claim. If you have a legitimate claim, a denial of your claim or underpayment that directly contradicts your policy is generally considered a bad faith insurance claim. An insurance company through your insurance policy has made certain promises and failure to keep those promises may entitle you to a bad faith claim.

Also, policyholders should know, that Texas law protects policyholders and the law is written in favor of paying claims quickly. Here are a few key things you need to know.

Once you file a claim, the insurance company has 15 days:

  • To recognize getting your claim;
  • To start an investigation; and,
  • To request all items, statements, and forms related to the claim.
  • Once you provide all of the information requested, the insurance company has 15 days to accept or reject a claim unless more time is requested. More time is only permitted if special circumstances are involved.

Examples of Bad Faith:

  • A wrongfully denied auto, homeowners, life or accidental death claim
  • delay in payment of a claim
  • denial of coverage after an accident or loss

If you have been unfairly denied after filing legitimate Texas bad faith insurance claims, contact Farrah Martinez Houston Insurance Claim Attorney, at (713) 853-9296 to help you seek a full and fair settlement from your insurance company.

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Houston Dog Bite Lawyer Explains How to Prove an Animal Attack Claim

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HOW TO PROVE A DOG BITE OR ANIMAL ATTACK CLAIM

1. Find out who owned the dog or animal that bit you or your child. If possible, get their full name, address and telephone number.

2. Take pictures of the injuries caused by the dog or animal. It is important to take pictures of all of the injuries not just the worst of the worst.

3. Make a list of the names of anyone who saw the dog or animal attack. If possible, get their telephone numbers and addresses.

4. If you know the pet owner’s neighbors, make a list of the neighbors. Often, neighbors have information regarding the dog or animal’s past bad behavior and dangerous tendencies.

5. File a report with your local pet control agency. For the City of Houston Animal Control contact (713) 547-9400 or for Harris County Animal Control contact (281) 999-3191.

6. Hire a lawyer. Dog bite and animal attack claims are serious. You need a lawyer who can assist you with your animal attack claim and deal with the insurance company. If the pet owner, owns a home, then their homeowner’s insurance policy, will likely cover dog bites and attacks by domesticated animals. Some dangerous dogs and animals might be excluded from the policy. An experienced dog bite lawyer will provide you with the help you need to receive compensation for your medical bills, loss of wages or earnings, and any other actual damages you have suffered.

Houston Dog Bite Lawyer Farrah Martinez represents individuals that have been injured or suffered severe damage caused through a dog bite or animal attack. If you or your child has been attacked by a dog or animal, call Houston Dog Bite Lawyer Farrah Martinez at (713) 853-9296 for a free consultation.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you need legal advice, please consult with a competent attorney licensed to practice dog bite claim in your jurisdiction.

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How to Handle Flood Claims

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Harris County recently incurred some of the worst flooding in our county’s history. Many homeowners are still overwhelmed by the massive damage those flood waters left behind. This guide is our way to ease the burden by providing you a free overview of steps you need to take to protect the value of your property as you navigate the flood claim process.

Farrah Martinez, Injury and Accident Lawyer, A Guide on How to Handle a Flood Claim Process.

1. Contact your insurance agent right away. If you are unable to reach your agent, keep trying. Call every day until you speak with your agent. If you still are unable to speak with your agent, send written notice to your insurance company.

2. Take pictures and video. As with any incident involving loss or injury, it is always recommended to take pictures and video of every area and any item that has been damaged. This should be done before you remove anything.

3. Assess the damage. Go through your property and try to separate the damaged goods from the items that have not been damaged. DO NOT THROW OUT ANYTHING! Wait until your insurance company has sent out an adjuster before you get rid of anything.

4. Make a list. List out each item that has been damaged, the date you purchased the item and the place of purchase. Next, look for receipts, credit card bills, and bank statements to prove how much you paid for the damaged items. If you cannot find your receipt, look for those items online and print and picture along with the price. Look for the serial or model number on your item to find exact matches online. For larger purchases, contact the furniture or electronics store that sold you the product. If you have an account, the store is likely to have a record.

5. File your proof of loss form. Normally you have 60 days to file.  The proof of loss form is provided by FEMA. You must swear that the contents of the form are true and correct and return the proof of loss form with the necessary evidence to show the value of your loss. Review step four for details. The more evidence you have, the better. Below is a link to FEMA’s proof of loss form.

6. Don’t wait until the last minute. Start today gathering evidence, talking with your agent and reviewing the proof of loss form. The sooner you gather all the evidence you need, the sooner you can submit your claim.

7. For help and legal questions on how to handle flood claims, contact Farrah Martinez Insurance Law Attorney at (713) 853-9296 for a free consultation.

Link to proof of loss form provided by FEMA.
http://www.fema.gov/media-library-data/1404745070512-4523e347d5c3d5dd8a463ab3c6c9e15f/FEMA+Form+086-0-9.pdf

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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Injury & Accident Checklist

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Accidents and injuries occur in a variety of ways. It is not alway a car accident; sometimes it is a slip and fall at a grocery store, a fall from poorly maintained stairs at an apartment complex, an injury while at work, an animal bite by a neighbor’s dog, a serious chemical burn at a hair salon, or injuries from a recalled products. No matter the injury, these steps will help protect your rights.

1. Report. Always stop and report your injury at the place where the injury occurred. Speak with whoever is in charge. Ask for a manager or the owner.

2. Request a copy. Often companies have their own injury incident report forms. If the person in charge is completing a form detailing the facts of the injury, request a copy.

3. It’s not too late. If you discovered your injury later, call the establishment and make a report with someone in charge. If the injury occurred at work, report it immediately.

4. Get medical attention. If you have been injured, seek medical attention. Most of the time injuries from accidents do not disappear. In fact, as injuries mature, they can become more noticeable. If your injuries are serious, seek emergency care, then follow up with your family doctor. Be sure to tell your doctor how you were injured.

5. Contact a Lawyer. Yes, if you have serious injuries you need to seek the advice of a personal injury lawyer that handles all injury and accident cases. Do not try to do it yourself.

6. Do NOT sign anything. If you are asked to sign a release, waiver or authorization of medical records, say no. Request a copy for review, then take it to your experienced personal injury lawyer, Farrah Martinez.

I am Farrah Martinez a Houston, Texas personal injury and accident lawyer and I hold insurance companies accountable to ensure victims get the compensation they deserve through experienced, aggressive and smart representation. For a free consultation contact me at (713) 853-9296 or visit us online at www.InjuryLawyerHOU.com. Find us on Facebook, follow us on Google+ and twitter.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you need legal advice on injury and accident checklist, please consult with a competent personal injury lawyer licensed to practice in your jurisdiction.

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5 Secrets Insurance Companies Do Not Want You to Know

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1. The Insurance Company is not your Friend.

In fact, they are your adversary. The insurance company is a for-profit company. Their adjusters are trained to befriend you and later deny your claim or offer you the least amount of money possible, rather than giving you the money you deserve for the injuries and losses you have incurred as a result of their insured’s negligence.

2. If You Want the Money You Deserve, Hire a Lawyer.

Insurance companies do not want you to hire a lawyer. Studies show that injury victims that are represented by a lawyer recover 3 ½ times more money than those who are not represented by a lawyer. Personal Injury lawyers that handle injury and accident cases know the claim system in and out and can help your rights.

3. Do not Sign Anything Before you Speak with a Lawyer.

Insurance companies often ask injury victims to sign a medical authorization to release all medical records from doctors that have treated you since the accident. If you visited your normal family doctor all of the records from every visit would be released and many of these records are irrelevant to the accident and contain personal and highly sensitive information that the insurance company will later use to devalue your claim.

4. Do not Provide a Recorded Statement. Just say NO.

The insurance company will contact you and ask you to provide a recorded statement. This statement can and will be used against you at a later time. The adjuster will ask many questions about what happened and if you are not clear or you if do not remember the adjuster will ask you to guess and later use the fact that you cannot remember against you.

5. Everything is Negotiable.

Often times an adjuster will tell individuals who handle their own claims that “our policy” only allows for $20 per day for a rental car or we can only give you “x” amount of dollars for your vehicle despite that fact that you have enhanced the vehicle which increased its value. With the right type of evidence, you can increase your settlement through the negotiation process. Remember everything is negotiable!!!

I am Farrah Martinez personal injury and accident lawyer and I hold insurance companies accountable to ensure you get the compensation you deserve through experienced, aggressive and smart representation. For a free consultation contact me at (713) 853-9296 or visit us online at www.InjuryLawyerHOU.com. You can like us Facebook, follow us on Google+ and Twitter.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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Three Keys to an 18-wheeler Accident

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Have you or a loved one been involved in an accident with a commercial truck or an 18-wheeler?  Here are three keys to handling an 18-wheeler accident claim.

Commercial truck drivers are held to a higher standard than those who drive regular passenger vehicles.  Why?  Well, commercial truck drivers tend to operate very large vehicles that sometimes carry hazardous or even flammable materials.  Commercial vehicles are regulated by the Federal Motor Carrier Safety Administration (FMCSA) whose mission is to prevent commercial vehicle related accidents and injuries.

Here are three things keys to protecting your claim against a commercial vehicle.

1. Act Quickly

Accidents involving commercial vehicles, require you to act quickly to preserve information that is vital to your claim.  For example, federal regulations only require truck drivers to maintain driving logs for six months.  The fact the driver is involved in an accident does not automatically trigger a longer maintenance time.   Information contained within the log might be key to proving the driver did not follow federal and state regulations.

2. Just Say NO!

Often times, the insurance company of the commercial vehicle will contact the injured party in an effort to “help” resolve the claim. The claims adjuster will ask you to provide a recorded statement. In general, I advise my clients not to provide a record statement.  This is never a good idea if you have not consult an attorney.  These statement can and will be used against you at a later time.  Keep in mind that the insurance company is actively working to protect their interest and will even hire an investigator to collect evidence to fight your claim in an attempt to reduce the amount of compensation you receive.

3. Seek Medical Attention

As soon as possible, you should seek medical attention.  If you have sustained serious injuries, you should seek emergency care.  Follow any advice given to you by healthcare professionals and listen to your body.  Additionally, it is always a good idea to follow up with your primary care physician.  Your family doctor knows you, he or she is familiar with your body, and can refer you to other doctors if your injuries are beyond his or her expertise.

Farrah Martinez is a personal injury and 18-wheeler accident lawyer seeking maximum compensation for clients who have been injured in car accidents on the road or at work.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney.  If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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It’s all About Workers’ Compensation. What Every Texas Employee Should Know (Part 2)

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9. An injured employee must file an injury report with their employer within 30 days of the injury.  If the injury is not obvious, the employee has 30 days from when the employee should have known about the injury.

10. There are three main types of benefits: medical benefits, income benefits, and death benefits – each type is defined by law and the law limits the amount you can recover.

11. In Texas, the law places a heavy emphasis on return-to-work programs that encourage employees to return to work in some useful capacity.  However, prematurely returning to work can exacerbate the employee’s injury or illness if the employee has not had adequate time to recover and heal.

12. An employee’s refusal of light-duty work can stop the payment of workers’ compensation benefits.

13. A job related injury can involve other laws as well, such as the FMLA and the ADA.  In circumstances, where multiple laws apply, the law that provides the greatest protection to the employee should be applied.

14. The workers’ compensation law prohibits discrimination or retaliatory action against employees who have filed workers’ compensation claims.  An employee may not be fired for filing a claim or for hiring a lawyer.

15. An employer is not required to allow an employee on workers’ compensation leave to continue to accrue leave time, sick time or other benefits.  Your employer is required to treat you the same as any other employee that is on leave.

16. An employee may also lose health benefits or be required to pay weekly or monthly payments to cover the cost of the portion that is normally deducted from the paycheck.  Paying this portion is much cheaper than COBRA.  However, if health benefits are lost while on workers’ compensation leave, COBRA is an option.

17. If an employee files a workers’ compensation claim and later files an unemployment claim, the employee will be disqualified from unemployment benefits unless the workers’ compensation benefits are for a permanent or partial disability which is an impairment income benefit.  The employer can use this information against you in response to the unemployment claim.  Remember to obtain unemployment, you must be physically able to work, actively looking for work but unable to find employment.

If you have been seriously injured at work, contact Injury and Accident Lawyer Farrah Martinez at (713) 853-9296 to ensure you are getting all the benefits you deserve. Consultation are free.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney.  If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

 

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It’s all about Workers’ Compensation. Facts Every Texas Employee Should Know if They Have Been Injured at Work. Part One.

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It’s All about Workers’ Compensation.  What Every Texas Employee Should Know if They Have Been Injured at Work.  Part One.

  1. Texas does not require an employer to provide workers’ compensation coverage.  In a majority of states, it is required.  In Texas, it is optional.
  2. Workers’ compensation insurance puts a limit on the amount and type of compensation that an injured employee may receive – the limits are set in the law.
  3. An employer that chooses not to carry workers compensation insurance is left open to personal injury lawsuits by its employees who are injured on the job.
  4. At the time of hire, an employer is required to tell if the employer maintains workers compensation insurance and the employer must post signs throughout the workplace visible to all of its employees.
  5. An employer must also notify each new employee that they have five days to waive their right to workers’ compensation benefits and retain their common-law right to sue the employer for a work-related injury.   The notice must also tell  the employee if the choose to waiver workers’ compensation, the employee forfeits their right to receive medical or income benefits under the workers’ compensation law.
  6. An employer that terminates its workers’ compensation coverage, must immediately notify all of its employees and the Workers’ Compensation Division of the Texas Department of Insurance.
  7. In Texas, the workers’ compensation law covers an injury or illness regardless of fault, as long as the injury was sustained during the course and scope of employment.
  8.  The worker’s compensation law does not cover injuries if they were the result of  horseplay, willful criminal acts or self-injury, intoxication from drugs or alcohol, acts  of God, voluntary participation in an off-duty recreational activity, a third party’s  criminal act if directed against the employee for a personal reason unrelated to the  work, or acts of God.

Workers’ Compensation is a complex area of law.  This is part one of a two part series.  So, stay turned to learn more about workers’ compensation.  If you have been injured while at work, contact Farrah Martinez, Workers’ Compensation Lawyer who will aggressively protect your rights and seek the benefits you deserve.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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I was Hurt on the Job. Do I Qualify for Workers’ Compensation?

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What is Workers’ Compensation?

Workers’ Compensation Insurance, often referred to as workers’ comp, is a form of insurance coverage maintained by employers to provide medical and wage assistance to employees hurt as a result of performing their job.

I was hurt while at work. Do I qualify for workers’ compensation?

It depends.  In Texas, employers are not required to carry workers’ compensation insurance.  So, the first step is to find out if your employer carries workers’ compensation insurance coverage for employees.  Next, it depends on if your injury qualifies as a “compensable injury”.

Farrah I am not a lawyer, what is a compensable injury?

A compensable injury is a legal term.  In Texas, it is defined by law as an injury that arises out of and in the course and scope of employment for which compensation is payable under the Workers’ Compensation Act.  Simply put, the injury occurred as a result you performing your job.

I love my job; but, I was seriously injured at work and I need medical treatment. Can my employer fire me for filing a workers’ compensation claim?

You are not alone.  According to the Texas Department of Insurance, each year tens of thousands of employees file workers’ compensation claims. By law, an employer is not allowed to fire an employee that files a workers’ compensation claim in good faith.

The Texas Workers’ Compensation Act says you have the right to the following:

  • You may receive benefits for job related injuries if the injury was not the result of intoxication, an act of God, a planned accident, horseplay, off duty work, or a personal attack
  • You have the right to seek medical attention from the doctor of your choice either from an approved list or a doctor within the healthcare network
  • You have the right to keep your workers’ comp claim confidential
  • You have the right to hire a lawyer.

The Texas Workers’ Compensation Act also places responsibilities on an injured employee.  If you have been injured, you must:

  • Report the injury in 30 days.
  • Visit a doctor and explain your injuries or illness and tell you doctor the injury or illness is work related.
  • File a claim with the Division of Workers’ Compensation within one year of your accident.

If you have suffered a work-related injury or illness, contact Farrah Martinez at (713) 853-9296, Houston Personal Injury and Accident Attorney for a free consultation and review of your work-related injury.

Disclaimer: The information and materials provided here are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of a workers compensation lawyer. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

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Farrah Martinez, Personal Injury Lawyer

Farrah Martinez PLLC
700 Louisiana Street, Suite 3950,
Houston, TX, USA

(713) 853-9296

DISCLAIMER

The information and materials provided at www.injurylawyerhou.com are for general informational purposes only and are not intended as legal advice. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this website is intended to substitute for the advice of an attorney. If you need legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Farrah Martinez, Personal Injury Lawyer, Principal office is located in Houston, Texas.

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