Do It Yourself (DIY) Personal Injury Claims

, , , ,

Do it Yourself?

We live in the age of do it yourself (DIY).  I am all for learning new things, cutting costs, and doing things for myself; however, there are some tasks that require a professional.  This is necessary if you want to achieve the best possible results.   I might watch a YouTube video to learn how to make a school craft project for my four-year-old or even learn to arch my own eyebrows.  I would not Google to learn “how to repair my roof” or “perform a root canal” in hopes that one day I might do these tasks myself. This blog will tackle whether you need a Houston Personal Injury Lawyer like Farrah Martinez to help you with your personal injury claim or car accident case.

In my mind, some tasks are too important, and there is too much at stake to go at it alone.

As a consumer, you must decide which tasks you are willing to learn to do and which tasks you determine that require a professional.

Should I Handle my Personal Injury Claim?

Studies show that individuals involved in a car accident tend to recover more when they hire a lawyer than those claimants who did not hire a lawyer and handle the settlement alone.  Insurance companies are for-profit companies, and their goal is to make money and keep their stockholders happy. Most of us can appreciate that a company needs to make a profit or else they will go out of business.  However, in the state of Texas, drivers are required to carry insurance.  So the majority of drivers, just like you, purchase insurance with the expectation that if involved in an accident the insurance company will cover it.  “Covered” is a broad term when you are dealing with accident or injury claims. Covered is often in the eyes of the beholder.

Every month you pay your insurance with the promise that if something happens to you that your insurance company will pay your medical bills, loss of wages, pain and suffering, and for any other expense or loss you incur as a result of your injury.

Is this a Level Playing Field?

The insurances companies are hoping you do a DIY personal injury claim since studies confirm that the insurance companies win financially when you DIY.  Take note; insurance companies do not go at it alone they have a team of lawyers that work on their behalf to get the best results for them–NOT you.

If you have started your car accident or personal injury claim, it might not be too late to hire a skilled personal injury attorney.  At Farrah Martinez, PLLC, Houston Personal Injury and Houston Car Accident Lawyer, we hold insurance companies accountable. Contact Farrah at (713) 853-9296 for a free consultation and review of your claim.

/0 Comments/by

Personal Injuries Over the Holidays From Out of State Car Accidents to Bed Bugs (Part 1)

, , , , , , ,

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.  http://www.statutes.legis.state.tx.us/SOTWDocs/CP/htm/CP.15.htm

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.

/0 Comments/by

How much is my accident claim worth?

, , , , , , , ,

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 www.InjuryLawyerHOU.com. Farrah will evaluate your personal injury claim at no cost to you.

/0 Comments/by

Injured by a Drunk Driver; Drunk Driving Lawsuit

,

Injured by a Drunk Driver; Drunk Driving Lawsuit

If you have been injured by a drunk driver or a drunk driver damaged your property, you can seek monetary compensation.

1. It is Negligent
Most of us know driving drunk is illegal, but it is also negligent. People who drink and then decide to drive are more likely to be involved in an accident because their physical and mental abilities are impaired.

2. How to Recovery
A drunk driver that causes a car accident or crashes into a property is charged criminally for driving while intoxicated and face jail time, license revocation and hefty fines. You have to file a civil claim in order to recover compensation for the damages you have personally suffered.

3. Types of Damages Recoverable
You can seek compensation for a number of damages including:
a. Bodily injury
b. Damage to Property (car, house, fences, etc….)
c. Loss wages
d. Medical bills
e. Funeral expenses
g. Counseling

4. Bars, restaurants and liquor stores
The drunk driver may not be only party responsible for the impaired driver’s negligent acts.  In Texas, drunk driving accident victims may pursue a legal claim against the bar, restaurant or liquor store that sold alcohol to the drunk driver.  It is called the dram shop law which holds a Texas business responsible for injuries or wrongful deaths caused by a drunk driver if the establishment continued to serve alcohol to a visibly intoxicated person or it served alcohol to a minor.

Farrah Martinez is a personal injury and accident lawyer seeking maximum compensation for clients who have been injured by the negligent acts of another. She is experienced, aggressive and tough. For more information visit www.InjuryLawyerHOU.com or call (713) 853-9296.

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 a drunk driving lawsuit, please consult with a competent attorney licensed to practice in your jurisdiction.

/0 Comments/by

A Visitor’s Slip and Fall is not a Health Care Liability Claim

, , , , , ,
 I slipped and fell. Can I sue?

This is an article written by Farrah and published by The Houston Lawyer Magazine.

Ross v. St. Luke’s, is a significant case for claims by visitors, not patients, hurt while visiting hospitals or medical care facility. Personal injury lawyers, this blog is for you.

A Visitor’s Slip and Fall is not a Health Care Liability Claim
 
By Farrah Martinez

In Ross v. St. Luke’s Episcopal Hosp., No. 13-0439, slip op. (Tex. 2015) the Supreme Court addressed whether a slip and fall premises liability claim, by a visitor, constitutes a health care liability claim (HCLC).  Lezlea Ross, a visitor at St. Luke’s Episcopal Hospital, slipped and fell as she approached the exit doors of the hospital.  She was not a patient of the hospital and was there only to provide companionship to a friend.  As a result of the fall, Ross suffered injuries and filed suit against the hospital under a premises liability theory.  The hospital moved for summary judgment, alleging that Ross’s claim was a HCLC under the Texas Medical Liability Act and her failure to file an expert report under Chapter 74 of the Texas Civil Practice & Remedies Code required dismissal by the law.  The trial court granted the motion and Ross appealed.

The court of appeals affirmed the trial court’s decision, citing Texas West Oaks Hospital, L.P. v. Williams 312 S.W.3d 171 (Tex. 2012).  Previously, the Court decided in Williams that when a safety standards-based claim is made against a health care provider, the Texas Medical Liability Act does not require the safety standards to be directly related to the provision of health care in order for the claim to be a health care liability claim.  Ross appealed to the Texas Supreme Court.

Before the Court, the hospital advanced two primary arguments to support the lower court’s ruling that Ross’s claim is a HCLC.   First, the hospital argued that any slip and fall incident at its facility is directly related to health care because it encompasses the safety of its patients.  Secondly, the hospital asserted that Ross’s claim falls within the health care purview since she specifically alleged that the hospital breached standards applicable to maintain a safe environment for its patients. 

Ultimately, the Court rejected both arguments and concluded that there must be a substantive nexus between the safety standards allegedly violated and the provision of health care.  That nexus requires more than a “but for” relationship.  Ross was a visitor; she was not a patient and received no medical services while on the premise.  She was injured only as a result of physically being present on hospital grounds.

As noted by the Court, the lines between a safety standards-based claim that is not a HCLC and one that is a HCLC are often blurred; the Court provided a lengthy list of nonexclusive factors to consider when evaluating whether a plaintiff’s claim is related to a defendant’s provision of medical or health care and is therefore an HCLC.   

In Ross’s case, the Court held that there was “no substantive relationship to the hospital’s providing of health care,” so Ross’s claim was not a HCLC.   In light of the Court’s finding, Ross was not required to file an expert report and her case was improperly dismissed.  The Court reversed the decision of the court of appeals and remanded the case to the trial court.   
 
Farrah Martinez is the owner of Farrah Martinez, PLLC, where she focuses her practice on personal injury and insurance law.  She is an associate editor for the Houston Lawyer.  

/0 Comments/by

Rules of the Road for Runners, Joggers, and Walkers

, , , , , ,

Attorney Farrah Martinez Celebrating Her
 Completion of the Galveston Diva Dash Half Marathon
**Rights Reserved**




Like many of you, I am a runner.  However, most of Houston and Harris County is not setup to travel by foot.  If you do not live near one the city’s amazing running trails, navigating the traffic and dodging cars is often a challenge.  
Running or walking with cars can be dangerous.  The Texas Transportation Code, Chapter 552, outlines the rules of the road for pedestrians aka runners, joggers, and walkers.  This blog post will also tackle the biggest question among those on foot versus those traveling by vehicle:  Who has the right of way?
Here are some tips to avoid an accident and to ensure you are on the right side of the law?
1. Sidewalks.  When there is a sidewalk, you must use it!  A pedestrian may not run, walk or jog along and on a roadway if an adjacent sidewalk is provided and is accessible to the pedestrian. 

2. No Sidewalks.  When there is NO sidewalk, a runner, jogger or walker that is traveling along and on a highway must, if possible, run, walk or jog on: (a) the left side of the roadway; or (b) the shoulder of the highway facing oncoming traffic.       

3. Traffic Control Signals.   A traffic control signal, displaying green, red, and yellow lights or lighted arrows, apply to a pedestrian unless the pedestrian is otherwise directed by a special pedestrian control signal.

4. IF a Control Signal is Present, Pedestrian Right of Way. (a) A pedestrian control signal displaying “Walk,” “Don’t Walk,” or “Wait” applies to a pedestrian;  (b) a pedestrian facing a “Walk” signal can walk, run or job across a roadway in the direction of the signal.  A driver must yield the right-of-way to the pedestrian; and (c)  a pedestrian cannot start to cross a roadway in the direction of a “Don’t Walk” signal or a “Wait” signal.  A pedestrian who has partially crossed while the “Walk” signal is displayed can continue to run, walk or job to a sidewalk or safety island while the “Don’t Walk” signal or “Wait” signal is displayed.

5. Pedestrian Right-of-way at Crosswalk. (A) Drivers must yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if:
       
(i) there is no traffic control signal or if it is not working properly; or
(ii) the pedestrian is:
          (a) on the half of the roadway in which the vehicle is traveling; or
          (b) approaching so closely from the opposite half of the roadway as                        to be in danger.

TWO BIG No-Nos
(1) A pedestrian cannot suddenly leave a curb or a place of safety and                   proceed into a crosswalk in the path of a vehicle 

(2) A driver approaching from the rear of a vehicle that is stopped at a                   crosswalk to permit a pedestrian to cross a roadway cannot pass the                   stopped vehicle.
These rules are here to protect the runner as well as the driver.  By staying on the side of the road facing traffic, you can see approaching cars and bicycles and they can see you.  Wear reflective gear when running in the dark.  Stay on the sidewalk when you can and never ever assume that a vehicle is going to stop for you.  If possible, make eye contact with the driver before you proceed.  Let them go by unless they yield to you, and then continue your workout.  

If you or a loved one have been seriously injured while walking or running, call Houston Accident and Pedestrian Lawyer Farrah Martinez at (713) 853-9296.  It takes a runner to understand one!

/0 Comments/by

Rules of the Road for Cyclists

, , ,

 

 
 
By Farrah Martinez
Houston Personal Injury & Accident Lawyer
Houston Cyclist Attorney
Image result for cyclist picturesI love to go for long calorie burning bike rides, but I also enjoy taking my kids out for a fun leisurely ride.  But it can be unsettling in certain parts of our community, especially where no sidewalks exist and fellow riders or drivers do not know the rules of the road.  Believe it or not, Chapter 551 and Chapter 552 of the Transportation Code, are dedicated to rules that apply to cyclists and pedestrians.
Most people believe that cars should just yield to pedestrians and that is always a good rule of thumb to ensure safety for cars and pedestrians alike.  However, when an unfortunate accident occurs, fault must be decided and it usually comes down to which operator violated the rules of the road.  Here are some helpful tips to avoid an accident and to make sure you as a cyclist follow the rules of the road
1.  Bikes are entitled to the same rights, duties and responsibilities as motor vehicles.
2.  One person per bike rule–if your bike only has one seat; then you can only carry one person.
3.  You must sit on the seat of your bike while riding and that seat must be attached to the bike.
4. You cannot carry anything that prevents you from keeping at least one hand on the handlebars at all times.
5. A bicyclist must use hand signals to signal their planned course of action–just like cars.  Here are the signals:
  • STOP:  Extend the left hand and arm downward
  • LEFT TURN:  Extend the left hand and arm horizontally
  • RIGHT TURN: Extend the left hand and arm upward, or extend the right hand and arm horizontally.
6.  Bicyclist cannot ride at night unless the bike is equipped with the following:
  • A headlamp located on the front of the bike that emits a white light visible from a distance of at least 500 feet.
  • A red reflector or red lamp located on the rear of the bike or a red lamp visible from a 500 feet distance from the rear.
If you or a loved one has been seriously injured while riding your bicycle contact Farrah Martinez Houston Cyclist Attorney at (713) 853-9296.  Farrah will evaluate your case at no cost to you.

/0 Comments/by

I slipped and fell. Can I sue?

,

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.

/0 Comments/by

Texas Bad Faith Insurance Claims

,

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.

/0 Comments/by

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

,

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.

/by

3 + 4 = ?

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.

© 2024 Powered by KYBREE