Houston, Texas, is a sprawling metropolis known for its busy highways, high-speed interstates, and bustling local roads. With millions of vehicles commuting daily, it’s no surprise that car accidents are frequent across the city. Understanding the most common causes of crashes and establishing legal fault are critical for any Houston driver involved in a collision.
Distracted driving is consistently ranked as the top cause of accidents across the state of Texas, and Houston is no exception. Distractions range from texting and talking on the phone to eating, adjusting the GPS, or interacting with passengers. In 2023, the Texas Department of Transportation reported that nearly 1 in 5 crashes involved distracted driving.
Distracted drivers often veer out of their lanes, fail to stop quickly, or miss changing traffic signals, leading to rear-end and T-bone collisions. Attorneys investigating these accidents may request cellphone records, analyze vehicle telemetry, and use surveillance footage to prove the at-fault driver was not paying attention.
Speeding—especially on I-10, I-45, and Loop 610—is a major contributor to fatal car accidents in Houston. Drivers traveling above the posted limit or too fast for conditions reduce their reaction time and dramatically increase crash severity. Speeding often correlates with aggressive driving behavior such as tailgating, weaving through traffic, or brake-checking other drivers.
Proving speeding requires evidence such as police citations, dashcam footage, or black box data from the vehicles involved. Skid marks and the severity of damage can also help reconstruct the crash scene.
Houston sees hundreds of DUI-related crashes every year. Alcohol and drug impairment slow reaction time, cloud judgment, and reduce motor skills, all of which increase the risk of a serious accident. Drunk driving accidents are most common late at night and during weekends or holidays.
Police reports, breathalyzer or blood test results, and prior convictions help attorneys establish negligence. In DUI-related injury cases, victims may also pursue punitive damages due to the driver’s reckless behavior.
Intersection collisions are hazardous and often the result of drivers running red lights or stop signs. These incidents frequently lead to side-impact or T-bone crashes, which can cause severe injuries to passengers, especially when vehicles are struck at high speeds.
Surveillance footage from traffic cameras or nearby businesses, along with witness statements and police reports, is often used to prove fault in intersection accidents.
Driver fatigue, especially among commercial vehicle operators and rideshare drivers, is growing in Houston. Exhausted drivers may experience microsleeps or delayed reaction times, increasing the likelihood of rear-end or head-on collisions.
Fatigue-related accidents are more complex to prove, but attorneys may examine logbooks (in commercial cases), time-stamped rideshare records, or employer documentation to demonstrate negligence.
Improper lane changes and unsafe merging—especially on congested freeways and feeder roads—are common in Houston. Many accidents occur when drivers fail to signal or check blind spots before moving across lanes. These crashes often involve sideswipes, rollovers, or vehicles pushed into medians.
Determining fault in these scenarios relies on witness statements, dashcam footage, or accident reconstruction.
Houston’s heavy rains and flooding can lead to hydroplaning and decreased visibility, which can cause numerous accidents. Inadequate signage, construction zones, potholes, and poorly marked lanes also contribute to crashes, particularly in areas undergoing frequent repairs.
In some cases, third parties such as road maintenance contractors or city entities may share liability for accidents caused by unsafe infrastructure. An experienced attorney will explore all possible avenues of compensation.
Mechanical failures, such as brake malfunctions or tire blowouts, can lead to sudden and unavoidable accidents. If the vehicle defect is due to poor maintenance or a manufacturing error, a product liability claim may be filed in addition to the standard personal injury case.
Attorneys often partner with forensic mechanics to examine vehicle systems and determine whether defects contributed to the crash.
In Texas, the at-fault driver is legally responsible for paying damages. But proving fault requires more than just pointing fingers. Your Houston car accident attorney must show that the other driver was negligent and that their actions directly caused your injuries.
Evidence often used includes:
Police crash reports
Photographs from the scene
Medical records linking injuries to the accident
Witness statements
Expert opinions from accident reconstructionists
Traffic camera or surveillance footage
Vehicle damage and debris patterns
Texas follows a modified comparative fault rule. If you are partially responsible for the accident, your compensation may be reduced by your percentage of fault. For example, if you are 20% at fault and your damages total $100,000, you would receive $80,000. You cannot recover compensation if you are more than 50% at fault.
This makes proper legal representation essential. Your attorney will work to minimize your share of liability and maximize the damages you receive.
Proving fault becomes more complicated in multi-vehicle accidents, pileups, or crashes involving rideshare drivers or commercial vehicles. These cases often involve multiple insurance companies, conflicting reports, and higher stakes. An experienced Houston car accident attorney understands the nuances of these claims and knows how to identify all liable parties.
Time is a critical factor. The longer you wait, the more likely it is that evidence will disappear, and witnesses will forget important details. Contact a local attorney as soon as possible to protect your rights.
Houston roads can be dangerous, but when you know the most common causes of car accidents and how to prove fault, you're better equipped to protect yourself, legally and financially. Whether your accident was caused by a distracted driver, unsafe lane change, or impaired motorist, the right legal team can gather evidence, assign fault accurately, and secure the compensation you deserve.
If you or a loved one has been injured in a Houston car accident, don’t face the legal process alone. Call a trusted attorney to review your case and begin building a strong claim.
If you’ve been injured in Washington, D.C., Regan Zambri Long is the personal injury law firm locals trust to fight for maximum compensation.
Catastrophic injuries can instantly and permanently change the course of a person’s life. These are not just minor injuries that heal over time—they are severe and often irreversible, requiring long-term or lifelong medical care. For injury victims in Washington, DC, understanding what to expect after such a life-altering event is essential to both planning your recovery and securing the compensation you deserve.
At Regan Zambri Long Personal Injury Lawyers, we’ve helped countless victims of catastrophic injuries access the medical support they need, build sustainable life care plans, and fight for full and fair compensation. If you or a loved one is facing a long-term recovery after a catastrophic injury, this guide outlines what that journey may look like and how our firm can support you every step of the way. More about our Catastrophic Injury Lawyers here
What Is a Catastrophic Injury?
Catastrophic injuries are those that result in long-term, disabling conditions that prevent the victim from returning to their prior quality of life or employment. Examples include:
Traumatic brain injuries (TBI)
Spinal cord injuries resulting in paralysis
Severe burns and disfigurement
Amputations
Multiple orthopedic fractures
Severe organ damage
Blindness or loss of hearing
These injuries typically require not just emergency treatment, but a lifetime of care and monitoring.
The First Phase: Emergency and Acute Care
Immediately following a catastrophic injury, the victim typically undergoes emergency treatment at a trauma center. This may involve care at hospitals such as MedStar Washington Hospital Center or George Washington University Hospital in Washington, DC. Acute care may include:
Surgery
Trauma stabilization
Intensive care monitoring
Diagnostic imaging and testing
Life support or ventilator use
These interventions aim to stabilize the patient and prevent further harm, but they are only the beginning of a long road to recovery.
The Rehabilitation Phase
Once stabilized, most patients are transferred to an inpatient rehabilitation facility. In DC, this could be the National Rehabilitation Hospital or another regional facility that specializes in spinal cord or brain injury recovery.
Rehabilitation services may include:
Physical therapy to rebuild strength and coordination
Occupational therapy to regain daily life skills
Speech and cognitive therapy for those with brain injuries
Respiratory therapy for patients with lung damage
Psychological counseling to address trauma and mental health
Depending on the severity of the injury, patients may spend weeks or months in inpatient rehab. In some cases, outpatient services will continue for years or indefinitely.
Long-Term and In-Home Care Needs
Many catastrophic injury victims are left with permanent disabilities. As such, long-term care becomes part of everyday life. This may involve:
Home health aides or nursing support
Use of mobility aids such as wheelchairs, walkers, or prosthetics
Medication management
Frequent visits to specialists, including neurologists, orthopedists, and pain management professionals
Medical devices like ventilators or feeding tubes
Some individuals may need to modify their homes to accommodate their new mobility needs—installing ramps, hospital beds, bathroom railings, or other adaptive technology.
Lifetime Medical Costs
The costs of long-term care after a catastrophic injury are staggering. Studies show that:
Lifetime care for a person with paraplegia can exceed $2 million
Someone with high-level quadriplegia may incur more than $4 million in lifetime expenses
Severe brain injury victims may face upwards of $3 million in lifetime care and loss of income
These costs include hospital bills, long-term care providers, prescription medications, equipment, home modifications, and loss of earning capacity. A personal injury lawsuit is often the only way to recover the compensation necessary to fund this care.
The Importance of a Life Care Plan
A life care plan is a detailed, medically supported document that outlines the injured person’s future medical and support needs. It’s typically prepared by a certified life care planner, often in collaboration with medical experts, therapists, and legal counsel.
This plan may include:
Expected future surgeries or procedures
Projected rehabilitation and therapy costs
Medical equipment and assistive devices
Transportation assistance
Home care or facility care
Medication and mental health support
Projected lifespan and health outlook
At Regan Zambri Long, we work with respected life care planners to ensure our clients’ needs are fully documented and included in their compensation demand.
Fighting for Full Compensation in Washington, DC
You need a law firm that knows how to litigate catastrophic injury claims to cover these enormous costs. In Washington, DC, this means working within local laws that govern personal injury and medical damages. Our legal team thoroughly investigates every case to identify all liable parties—a negligent driver, an employer, a property owner, or a defective product manufacturer.
We fight to recover damages for:
Current and future medical expenses
Lost income and diminished earning capacity
Pain and suffering
Emotional distress
Loss of consortium or companionship
Loss of enjoyment of life
Permanent disability and disfigurement
We also prepare every case for trial, which positions our clients for stronger settlement outcomes and ensures the defense knows we won’t back down.
Why You Need a Washington, DC Catastrophic Injury Lawyer
Not all personal injury lawyers handle catastrophic injury cases. These claims require:
Medical knowledge and access to experts
Understanding of DC injury law and damage caps
Experience with life care planning and economic loss calculations
Courtroom trial skills and negotiation leverage
At Regan Zambri Long, we’ve secured millions in verdicts and settlements for victims of catastrophic injuries. We understand your situation’s gravity and are committed to ensuring the financial support you need to live with dignity, independence, and access to care.
Conclusion
Long-term medical care after a catastrophic injury is overwhelming in every sense—physically, emotionally, and financially. But with the right support system and an experienced legal team, you can focus on your recovery while we focus on securing the resources you need to thrive.
If you or a loved one has suffered a catastrophic injury in Washington, DC, don’t wait to get help. Contact Regan Zambri Long Personal Injury Lawyers today for a free consultation. We’ll guide you through your legal options and begin building a case that prepares for the short term and your entire future.
Munley Law is your trusted local law firm in Pittsburgh, dedicated to providing expert legal representation to personal injury victims and helping you get the justice you deserve.
Employers Who Do Not Subscribe to Texas’ Workers’ Compensation Insurance Have Only a Few Available Defenses to Skirt Liability
Not all employers in PA subscribe to workers’ compensation and those that don’t are referred to as nonsubscribers. Our legislature has created laws that encourage employers to subscribe to the state-run workers’ comp program and when an employer chooses not to they may face certain difficulties when asserting a claim against you. The primary advantage to you as an injured worker is that your non-subscribing employer is limited in their defenses against you. This article will discuss the defenses they are allowed to plead and their attempts to limit your chances of obtaining compensation. More information here
One defense they can use is that the employee intentionally caused his injury. If an employee tried to hurt themselves to gain benefits, the employer is clearly not liable. This means if you intentionally dropped a large, heavy object on your foot, crushing it, then your employer is not responsible for your resulting medical bills and lost wages. An employer, even if they are not protected under a subscriber status, is only responsible for injuries that result from the company’s negligence. If you intentionally injure yourself, you have absolutely no claim for damages.
If the employee was intoxicated, they would not have a valid claim for their injuries. In Pennsylvania, intoxicated generally means under the influence. This means if you have consumed alcohol, cocaine, marijuana, or anything that is deemed to impair your judgment and physical capabilities.
For example, say you work for a construction company driving large vehicles like a bulldozer. If you consume alcohol while on your lunch break and then operate heavy machinery, you could easily be injured due to your impairment, even if you are not above the legal limit. If you have consumed any alcohol, your judgment and capabilities can be considered impaired, and your employer will not be responsible for your injuries that were the result of your intoxication.
You also may be prevented from having a valid claim if you entered into an enforceable post-injury liability waiver. Employees can sign these forms after their accident to receive medical benefits and payment for their treatment from a non-subscribing employer. If you have signed one of these waivers, you may be prevented from filing a claim against your non-subscribing employer for further damages. However, it is important to note that not all of these contracts are enforceable. You must speak with one of our knowledgeable personal injury attorneys to assess whether your post-injury liability waiver is an enforceable contract in order to determine whether this can legitimately be used as a defense by your employer.
Lastly, the defense is derived in the form of an inferential rebuttal known as the sole proximate cause. Essentially, the employee was solely responsible for their own injury due to their own carelessness and the employer did nothing wrong. In this instance, even though you may have been injured while working, your injury was in no way the employer's or another employee's fault. As a result, your employer cannot be held liable for your damages. Sometimes people are simply careless or clumsy and they are injured due to no one else’s fault but their own. The court recognizes that it would be illogical and unjust to sue another person for your own negligence or carelessness, and this is commonly cited as a defense for non-subscribing employers.
Even though non-subscribing employers are limited in the defenses they can use against you, they still have a great deal to work with. Most nonsubscribers mainly rely on the sole proximate cause defense. They will use this allegation to the best of their ability, which often means attacking you personally. They will research your past, question co-workers, and resort to the worst kind of character assassination to deflect blame. If you have been injured while on the job and your employer is a non-subscriber, they would likely use this tactic to reduce or completely eliminate their liability. You need the attorneys at Our Law Office to assist you with these defense attorneys' underhanded strategies. To learn more about how a nonsubscribing employer may try to attack your claim and to schedule a meeting with one of our skilled attorneys, contact Our Law Office.
Trusted by Laredo residents for decades, Carabin Shaw delivers experienced legal help after car accidents, workplace injuries, and more.
When you experience a back or spinal cord injury from a work accident in Laredo, understanding how settlements work becomes fundamental for your recovery. You'll need to gather necessary documentation and accurately calculate your damages, but maneuvering through the settlement process can be complex. Insurance companies often start with lower offers, so knowing how to negotiate effectively is key. Engaging with an experienced attorney can make a significant difference in your outcome. As you consider your next steps, it is essential to explore what factors may influence your settlement amount and how you can maximize it.
More information here
Understanding work injury settlements can often feel overwhelming, but they're fundamental for securing the compensation you need. When you suffer an injury at work, it's essential to know how settlements operate to guarantee you receive fair compensation for your medical expenses, lost wages, and pain and suffering.
First, gather all relevant documentation, including medical records, incident reports, and witness statements. This information will be pivotal in building your case.
Next, consult with a qualified attorney who specializes in work injury cases. They'll guide you through the complexities of the legal process and help you understand your rights.
After evaluating your situation, your attorney will work on negotiating a settlement with your employer's insurance company. It's important to remember that the initial offer mightn't reflect the full extent of your damages. Don't hesitate to negotiate for a better settlement if it seems inadequate.
Back and spinal cord injuries come in various forms, each affecting your body and recovery differently. Understanding these injuries can help you better navigate your recovery process.
One common type is a sprain or strain in the back muscles or ligaments, which can cause pain and limited movement. A herniated disc occurs when the cushioning between your vertebrae bulges or ruptures, potentially pressing on nerves and leading to pain or numbness.
Another serious injury is a spinal cord injury (SCI), which can result from trauma like falls or accidents. SCIs can lead to partial or complete loss of movement and sensation below the injury site. Fractures in the vertebrae are also significant, as they can compress the spinal cord and cause severe complications.
You might also experience sciatica, pain radiating down the leg due to nerve compression. Finally, cauda equina syndrome is a rare but severe condition that requires immediate medical attention, as it can lead to permanent damage.
Recognizing the different types of back and spinal cord injuries is essential for effective treatment and rehabilitation.
Several key factors influence the settlement amounts in work injury cases, impacting what you might receive for your injuries and losses.
First, the severity of your injury plays a vital role. More severe injuries typically lead to higher settlements due to increased medical expenses and long-term effects on your life.
Next, the extent of your medical treatment will also be considered. If you require surgery or ongoing therapy, the costs will accumulate, increasing the settlement amount.
Additionally, lost wages due to time off work can greatly affect your claim; if you cannot perform your job, that loss is factored in.
Other important elements are your age and overall health before the injury. Younger individuals may receive larger settlements because they have a longer recovery and working life ahead of them.
The settlement process in Laredo involves several key steps that can significantly impact the outcome of your work injury claim.
First, you'll need to gather all relevant documentation, such as medical records, police reports, and any evidence of your injury. This information will support your case and help establish the extent of your injuries.
Next, you'll want to calculate your damages. This includes medical expenses, lost wages, and any pain and suffering you've experienced. Having a clear understanding of your total damages will help you during negotiations.
Once you've prepared your case, you'll typically submit a demand letter to the insurance company. This letter outlines your injuries, the circumstances of the accident, and the compensation you're seeking. After receiving your demand, the insurer will review it and may respond with a counteroffer.
Negotiations often follow, where you'll discuss and potentially adjust the settlement amount. Be prepared for this back-and-forth process, as it may take time to reach an agreement.
Once both parties agree on a settlement, you'll sign a release form, finalizing the agreement and ensuring you receive your compensation.
To guarantee you get the best possible settlement, consider these tips that can strengthen your negotiating position.
First, document everything related to your injury. Keep detailed records of medical treatments, expenses, and any correspondence with your employer or insurance company. This evidence will support your claims and provide a clear picture of your situation.
Next, don't rush the process. Take your time to assess the full impact of your injury on your life, including lost wages and future medical needs. This will help you establish a fair amount for your settlement.
Additionally, consult with a knowledgeable attorney who specializes in work injury cases. They can provide invaluable guidance and help you navigate the complexities of the settlement process. Having legal representation can greatly increase your chances of securing a higher settlement.
Lastly, be prepared to negotiate. Understand the initial offer might be lower than what you deserve. Stay firm on your demands, and don't hesitate to counteroffer based on your documented evidence.
With these strategies, you'll improve your chances of obtaining a settlement that truly reflects your needs and losses.
Steering a work injury settlement is like steering a ship through stormy waters. You need to gather maps, medical records, and incident reports and chart your course carefully.
Each wave represents the negotiations, where counteroffers can help you avoid the rocky shores of unfair compensation.
As you sail toward a fair settlement, remember that having a skilled captain and attorney by your side can mean the difference between reaching a safe harbor and being tossed adrift.
When you’ve been injured at work, J.A. Davis & Associates in San Antonio and McAllen is here to help you with your workers' compensation claim and ensure you receive the financial relief you need.
The workers' compensation system can provide benefits to help injured workers pay for medical expenses and tide them over financially while they cannot return to work. However, the system has many requirements, and if you miss specific deadlines or technical details, you may find it challenging to get the benefits you deserve when you need them. Documenting and reporting every doctor's visit and expense related to the injury is essential. More Information here
Workplace accident reporting is critical. If you are injured on the job, you typically must report to your employer immediately after the injury to get the workers' compensation claim process started as soon as possible. Request paperwork and fill it out, using specific details to document your case. If there were witnesses to the accident, tell your employer. If you are knocked unconscious, require immediate medical treatment, or are otherwise unable to report the injury immediately, someone else must report the injury. More about Work Injury Lawyers San Antonio here
To have your medical expenses covered by workers' compensation benefits, you must go to a doctor your employer authorizes. In an emergency, you can seek treatment from the nearest emergency location, but you must go to approved medical providers for follow-up visits.
In some cases, after injured workers visit an employer-authorized doctor, they feel that the doctor has not taken the injury seriously enough. This can result in not getting the benefits you deserve. In these cases, a workers' compensation lawyer may be able to help.
Our Law Firm has been handling workers' compensation cases for over 25 years, representing employers and employees. Our experience provides insight into how workers' compensation cases work, how insurers try to avoid paying for benefits, and how employees can get the help they need.
We help clients through workers' compensation claims, the appeals process, and other matters to ensure they get the benefits they deserve after being injured at work. Call or contact us online to discuss your case and set an appointment.
More Great Law Blogs Here:
https://www.gultanoff.com/workplace-accident-injuries-fatal-forklift-accidents/
https://www.jlezman.com/advocating-for-injured-workers/
https://www.michiganlawattorney.com/champions-for-injured-workers/
https://www.griffithlaw.net/lawyers-specializing-in-workplace-accidents/
https://www.leslie-gladstone.com/a-guide-to-workplace-injury-lawyers/
https://www.dirfirm.com/workplace-accidents-the-safety-net-you-deserve/
https://www.kimpersonalinjury.com/why-you-need-work-related-injury-attorneys/
https://www.mcdowellforster.com/navigating-injuries-with-lawyers-specializing-in-workplace-accidents/
https://www.jividen-wehnert.com/workplace-injury-lawyers/
https://www.daytonlitigators.com/when-work-turns-risky-finding-workplace-accident-legal-help/
https://www.enniscoleman.com/blindsided-by-a-workplace-injury/
https://www.sandrajpeake.com/the-importance-of-workplace-injury-legal-representation/
As you know Carabin Shaw is a prominent San Antonio Law Firm representing injury victims of all kinds of accidents in Texas!
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Call Shaw if you or a family member were injured in an accident
You have the option to find out the experience of the personal injury lawyer you are selecting. It will allow you to learn if this type of lawyer or attorney is skilled in dealing with your case. Therefore, make certain you obtain the best responses here. Are you aware of what exactly constitutes an accidental injury? Actually, personal injury refers to the injuries or fatalities caused by any type of carelessness caused by someone else. You can claim damages due to this, and an attorney will help you. More on this website
It’s not a good thing to get injured and, at the same time, disqualified from making a claim simply because you did not adhere to the Statutes of Limitation (SOL). This can be avoided by processing your case very early. Get a personal injury lawyer as soon as possible to start the process for you. Get the services of a personal injury attorney to help you claim the compensation you are due. You will need to search around for the top personal injury attorney.
Accidental injury takes a variety of forms. These may include attacks by pets, exposures to toxins, home accidents, professional malpractices, flight handling disasters, etc. When you find yourself involved in any personal injury, it is possible to file a claim for damages, and the best way to get this done is through the assistance of an injury attorney.
Personal injury lawyers, in many cases, can save you from the greed of most insurance companies. These companies have used the common practice of adding one or two incoherent guidelines with your insurance claims that will cause you to obtain lesser compensation for your settlement. A good personal injury attorney can save you from this.
There are certainly different kinds of compensation for personal injury claims. They usually are lost wages, medical costs, pain and suffering, and perhaps others. It depends on the situation.
Learn more about our personal injury lawyers and what they can do for you. Call to schedule a free consultation.
When a person loses a loved one due to a tragic accident, that person loses an incredibly important part of his or her life and is left with a lot of unanswered questions. Who is to blame for this? How did the accident happen? Do I have grounds for a wrongful death lawsuit to hold those responsible for the accident accountable? Do I need a seasoned and skilled Texas wrongful death attorney? The lawyers at our Law Office have been handling wrongful death litigation for two decades, so we are all too familiar with the feelings you are experiencing after the loss of someone close to you. If you want to pursue legal action, we want to make sure you are as well informed as possible regarding the legal options you have, and the hurdles you will have to surmount in order to succeed in your case and obtain the just restitution you have coming for the loss of your loved one. More on this website
There are three main purposes for the initiation of any wrongful death lawsuit in Texas:
Make sure the negligent party or parties responsible for negligent actions or inaction that led to the death of an innocent person are being held accountable.
Forcing negligent parties, through the use of monetary incentives, to change their behavior so more people do not suffer injury going forward.
Ensure that the loved ones of the victim obtain fair compensation so they are not subjected to monetary stress as well as the mental trauma they are already experiencing.
Of course, no amount of monetary compensation can come anywhere close to replacing your lost loved one. If the deceased family member was the main provider, however, then your family is experiencing some major monetary problems because of your loss. The Texas wrongful death lawyers with our Law Office can help alleviate the monetary problems you are going through. Our lawyers are passionate about helping ease the financial burdens faced by families who are going through an incredible loss. We not only want to make sure those responsible for your tragedy are brought to justice and held accountable for their wrongdoing, but we also want to help you recover monetarily. By getting the just restitution you have coming to you, you can concentrate on recovering, both emotionally and physically, from the loss you have experienced.
From a legal perspective, the term damages refer to financial compensation that the loved ones of a deceased family member can recover not the actual harm that was experienced by the family member. In a comprehensive wrongful death civil suit, there are two kinds of damages that can be pursued: wrongful death and survival damages. Wrongful death damages are designed to provide compensation to a grieving family for the emotional and financial strain they have experienced since the death of their family member. Spouses, children, parents, and other dependents can all seek to obtain wrongful death compensation, and there can be multiple wrongful death damage claims in a single wrongful death lawsuit. Wrongful death damages that can be obtained include compensation for:
Medical bills the victim incurred prior to his or her death.
Funeral expenses.
The loss of financial support the victim provided prior to his or her death.
The emotional and mental trauma the family suffers due to the loss of the family member.
The loss of unique love and consortium only the deceased family member could provide.
On the other hand, survival damages are designed for only the closest living relative to obtain compensation commensurate to the value of a lawsuit the deceased could have filed had he or she survived the accident and had been injured. Basically, the deceased's closest living relative serves as, more or less, a proxy for the victim, and inherits the personal injury lawsuit that the deceased would have been able to file. Anyone seeking survival damages can also pursue wrongful death damages. However, a victim's brother or sister can only seek survival damages if he or she is the victim's closest living relative. The right to pursue survival damages starts with the spouse, then goes to the children, parents, and then siblings. Again, only one family member can pursue a survival damages suit, but all family members can seek to obtain wrongful death damages.
This Blog was brought to you by the CS Law Firm, Principal Office in San Antonio
Why should you consult with a lawyer when you have been injured as a result of someone else's negligence? It may seem to be very ‘cut and dried’ to you – the other party was clearly negligent and you may feel as if you have witnesses that can help you prove this. Shouldn't you be able to merely communicate with the other party and get the rightful amount of compensation for your hardship? Unfortunately, we don’t live in an ideal world where these situations could be settled by a handshake, an apology, and an appropriate amount of compensation. Unfortunately, it can be quite a lot more complicated than that.
Somebody else may have run into the back of you when you were stopped at a red light minding your own business. They may have been distracted, not paying attention or there may even have been some failure with a braking system. The net result is the same, your vehicle was damaged and so were you. In these situations, the insurance companies are now involved. One of the first things that they tell their clients is not to admit responsibility, even if it was plainly their fault. Thus, the other driver will refer you to the insurance companies and this may turn into a long-winded affair.
In many cases, the insurance company involved will want to fight the amount of compensation that may be payable and will want to minimize their exposure. They have very competent legal representation on their side and they do this kind of thing all the time. It may well not be as straightforward as you might have thought, therefore, to try and get a rightful amount of compensation in your case, by yourself.
Sometimes, insurance companies are not necessarily involved
At times like these, you might have to pursue the individual or entity concerned for compensation as a result of their negligence and these situations maybe even more complex.
You could find that trying to navigate your way through a process of making a complaint and seeking compensation by yourself can be just as much of a pain in the neck as the actual pain in the neck that you received during that rear-end collision. This is why you should talk with personal injury lawyers who have considerable experience in helping people like yourself to get the compensation that they so rightfully deserve.
You may well be tempted to approach the other party to try and make a complaint yourself and see if you can get compensation, but in the vast majority of cases, you may find that your request falls on deaf ears. A formal approach should be conducted by your lawyer and your representative will help you to navigate a claim all the way through the legal system if necessary. Sometimes these cases have to go to court, but in many cases, a competent lawyer on your side will be able to help you settle this before that needs to happen.
