Articles Posted in Automobile Accidents

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“How can I be injured if my car bumper only seems to have some cosmetic damage? “

“My airbag didn’t deploy, so that must mean that the accident wasn’t serious enough to get really hurt, right?”

“My car doesn’t look very damaged, doesn’t that mean that a judge or jury won’t believe that I was actually hurt in the accident?”

After a car accident, questions like these can run through the minds of the victims. After all, the other driver may seem entirely unaffected by the incident, and may likely be pressuring the victims to accept a cash payment for the damages to their vehicle or to simply handle reparations in the future. Despite any temptation otherwise, however, it is important that you call the police and proceed to handle the accident as if it were just as severe as any other–since it very well might.

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When the pressures to lower cost and properly supervise residents collide, nursing homes are all too often become the source of accidents resulting from negligence. In a more unusual case, however,  a Central Texas family was awarded $16.7 million following a suit against the Tarrant County based Senior Living Properties nursing home, which allegedly neglected to prevent an employee from leaving her workplace while intoxicated. The nursing home employee, 43 year old Alisa Prueitt, was several times the legal limit when she was involved in an auto accident that claimed the life of 37 year old Sam Graham.

Graham is survived by his wife, daughter, and son, the former of which spoke out this past February 4th, shortly after the Fort Worth jury reached its verdict. “This was never about money…It was about getting answers. It was about right is right and wrong is wrong. I didn’t want my husband’s life swept under a rug.”

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oak-cliff-wreckOn Wednesday, May 13, 2015 a tragic accident occurred in Oak Cliff, Dallas Texas on 10th Street   taking the lives of three people.  Dallas police confirmed that the driver of a SUV was traveling northbound on South Waverly Drive when the driver of the SUV struck a parked vehicle and then crashed into a house near the 1800 block of West 10th Street.

The Dallas police stated that the three people in the SUV were family members and that there were no survivors.  They were identified as Lucinda Rosas De Esparza, Evelina Maltos, and Paul Maltos.

The family of the deceased were heartbroken by the accident.  It is unknown regarding how the accident happened.

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The short answer is that your claim is worth what a jury would award you if you tried your case in court. Of course, most injury claims do not reach the court house.  At our office, we do not recommend our client to settle until they have completed their medical care and their future medical needs are understood.  Then at that point in time, the insurance company must offer a settlement that is comparable to what a jury would likely award you.  If they fail to make you a fair offer, we will advise you to reject the offer and file suit if necessary. Some of the damages you can collect regarding your injury claim include

  1. Medical bills
  2. Lost wages
  3. Mental anguish
  4. Physical pain and suffering.
  5. Physical impairment.
  6. Disfigurement

The value of your case is the total amount that a jury could award you for all of these damages.  That is why it is vital to retain an experienced trial lawyer that knows what a jury will likely award you with your particular case.  Any claims adjuster that tries to tell you what your claim is worth immediately after your accident is simply misleading you.  We do not honestly know the value of your case for two months, six months, or even longer if you’ve suffered a serious injury.  In short, every case is different, and only an experienced trial lawyer, like myself, can advise you what is fair regarding your case.

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Since 1988, I have been helping ordinary people just like you who have been injured by the negligence of others. Consequently, my adversary is the insurance company who pay on behalf of the party that caused the accident.  Now, the insurance company is not in the business to pay the injured victim what is fair.  Their objective is to make a profit.  In short, the less money they pay in claims, the more profit they make.  Our goal is much different, as we are seeking a settlement that will fully compensate my client for their injuries.  This situation is much more challenging for an unrepresented victim, a victim who already faces pain, mounting medical bills, and lost wages, only to be thrown into an arena of doctors and lawyers working together to damage or destroy the victims claim.  My goal in any personal injury claim is to thoroughly investigate the claim, preserve the evidence, protect my clients’ rights and recover a fair settlement, without my client going to court.  In fact, the vast majority of my clients agree to a settlement without the risk, delay, or expense of trial.  This is accomplished because my office has a reputation of going all the way to the courthouse whenever the insurance company refuses to cooperate.  It is exactly this threat that forces the insurance company to pay my clients what is fair.  If you’ve been injured in an accident, the insurance company is probably working on your case right now, looking for evidence to damage your claim.  You need an aggressive, experienced attorney on your side, who will fight for your rights.

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Imagine this: you are at your kitchen table, trying to figure out how you are going to pay your medical bills, the doorbell rings, and it is the insurance adjuster at the door. The adjuster has a settlement check, or a tape recorder ready to tape your recorded statement. What do you do? There are four reasons why you need an attorney to handle your claim.

1. The insurance companies are experts at what they do:

The insurance companies are in the business of negotiating claims. They have a team of adjusters, investigators, doctors and lawyers who are all working together to achieve one goal: to pay you as little as possible. Remember, the insurance company is under no legal obligation to inform you of your legal rights. Insurance companies frequently make inaccurate statements regarding your rights without being subject to any legal or financial penalties.

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A lawsuit was filed on November 14, 2013 in Galveston District Court by bicyclist Jennifer Gorberg against automobile driver Jade Puckett for broken bones suffered in an accident with a motor vehicle driver.

bicycleBoth parties are residents of League City, Texas, where the accident occurred on October 28, 2013.  While riding her bicycle, Plaintiff Gorberg entered the intersection of West League City Parkway and Westover Park Avenue. Defendant Puckett, according to Plaintiff’s pleadings, “failed to yield the right-of-way” and struck Plaintiff Gorberg as she was bicycling through the intersection. The lawsuit alleges that Plaintiff Gorberg suffered broken bones which required surgical intervention.

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After an automobile accident, a New Orleans-based nun is suing the allegedly responsible driver, the car’s owner and the owner’s insurer. This claim is a good example of a situation where there are multiple sources of responsible parties liable for damages sustained in an accident. Additionally, the laws of Louisiana are different than Texas laws regarding the parties that can be sued as a result of a motor vehicle accident.

Nun Statue Holy Hill WIA New Orleans-based nun, Sister Vincent Marie Wilson, filed a lawsuit against driver Christian Green who made a left turn against a traffic light and struck Sister Wilson, totaling her vehicle and causing serious injury. In her lawsuit, Sister Wilson accuses the adverse driver of

” . . .  negligence, including failure to maintain a proper control of the vehicle, operating a vehicle in a careless and reckless manner, failing to obey the traffic laws of Orleans Parish and traveling at too great a speed.” Sister Wilson alleges that the collision caused serious and permanent personal injury which included “. . .  back, neck, shoulder, and pelvic injuries.”  Plaintiff has undergone extensive medical treatment and physical therapy. (Ibid)

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An insured driver, Jimmy R. Valsin, has filed a lawsuit against his own auto insurance carrier for damages after he was injured in an multi-vehicle auto accident.  His auto insurance carrier, Farmers Texas County Mutual Insurance Company, refused to pay a claim under Valsin’s Uninsured – Underinsured Motorist Coverage policy. The lawsuit alleges that Brittney Renee Vasquez lost control of her vehicle causing her to strike another vehicle which became disabled on the road.  According to the complaint, Plaintiff Valsin then struck the disabled vehicle in the road and was then rear-ended by another vehicle.  Vasquez was driving a vehicle owned by Edder Espinoza.  The vehicle that Vasquez was driving was uninsured.

B & W Crashed CarAfter the accident, Valsin was treated for injuries sustained in the auto accident and presented a claim for damages to his own auto insurance carrier under his Uninsured Underinsured Motorist Coverage policy.  Farmers failed to pay on Mr. Valsin’s personal injury claim.

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Bedford, TX 76021
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