Six Things Essential For Out of State Car Accidents:

Holiday Cheer sometimes causes those around us to be reckless and those negligent acts often impact us in a harmful way.  Here is what you need to do in case your holiday is interrupted by an accident or injury such as car accidents, dog bites beg bugs and more.

What do you do if you have been involved in an out of state car accident?

  1. Call the Police. Make sure you call the police, request the officer file a report and obtain the car accident or report number.
  2. Seek Medical Attention.  If you are injured, seek medical care immediately.
  3. Take Pictures.  Take a lot of picture of the entire screen, your car, the other drivers car, damage to any surrounding property and of any visible injuries.
  4. Obtain Witness Information.  If there are witnesses at the scene get their first and last name, telephone number, and email address.
  5. Get the At-Fault Driver’s Insurance.  Ask the other driver for their insurance and contact information.  If multiple parties are involved, obtained their information also.
  6. Call Your Personal Injury Lawyer.   Call a lawyer who handles car accident cases.  Once the lawyer obtains some basic information she will be able to assess whether you need a Texas Lawyer or a lawyer licensed in another state to handle the case for you.  It depends on “venue” which means the proper place to file a lawsuit.  The venue is generally determined  by (a) where the defendant (at-fault driver) lives; (b) the place where the accident happened or if the defendant is not a person, the place where the company has its principal office.   For more information about venue see Texas Rules of Civil Procedure, Chapter 15.002.

Farrah Martinez Houston Car Accident Lawyer  represents individuals that have been seriously hurt in auto collisions.  If you have been involved in a motor vehicle accident, contact 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 in your jurisdiction.

Calculating Damages and Medical Expenses in a Personal Injury Claim

The value of your personal injury claim depends on the different types of losses you have suffered. This blog will focus on how to calculate medical expenses in a personal injury claim.  Now for medical expenses, you must consider your past medical bills, your current medical bills and any future medical bills you might incur from an ongoing problem related to a serious injury.  Then, you gather all of your medical bills, prescription medication costs, physical therapy and chiropractic care bills, and any other medical bills you received as a result of the bodily injury you sustained as a result of a car accident, a dog bite or animal attack claim, a slip and fall claim, or any other type of personal injury claim.  From there, most people think you just add them all together and presto out jumps your total medical damages.

Well over the years Texas case law has complicated the process of calculating costs and rather than quoting a bunch legal mumbo jumbo, I have provided the case reference if you want to read more.  See Haygood v. Escabedo, 09-0377 (TEX. July 1, 2011).  In the meantime, I will provide you with some examples you can understand.

Example 1.  John Doe is involved in an car accident and he rushed to the hospital from the scene.  John provides the medics with his health care information.  His healthcare plan picks up the $25,00 bill.  His insurance company has a preexisting agreement with the hospital so, it recalculates the costs and his healthcare plan only pays $9,000 for John’s hospital bill.    Now when John’s claim is evaluated by the at-fault party’s car insurance company,  it will only look at the $9,000  rather than the $25,000.

More importantly, if John’s case goes before a jury he can only provide evidence of the $9000 paid versus the $25,000 actually billed by the hospital.  This is significant because juries often look at the total medical expenses to calculate pain and suffering.  A bill of $25,000 indicates a more serious injury than a $9,000 bill.

Example 2.  Now look at Sally Doe who is involved in a similar accident and she incurred $25,000 in medical bills and has no insurance.  She is able to present evidence to show the total $25,000 in medical bills and the jury has all the medical information needed to make a decision as to the seriousness of the injury and the pain she suffered.

This is not true for John’s personal injury claim; he is essentially penalized for having insurance because the jury is not given all of the information to determine the pain and suffering John experienced as a result of the wrongdoer.

Calculating medical expenses is no longer a matter of taking all your medical bills and simply adding them together.  You must know the law surrounding medical damages and how to accurately calculate those damages in personal injury claims.  Then you must be able to provide evidence to show the seriousness of certain injuries even when the bills do not add up.

For more information, contact Farrah Martinez, PLLC at (713) 853-9296 or visit us at Farrah will evaluate your personal injury claim at no cost to you.