Question:
I work for a roofing company in Dallas, Texas. I fell off the roof and suffered injuries to my neck and back. My employer did not carry workers compensation insurance. Two days after the accident, I signed a release when my employer paid me $500. When I signed the release, I had not even had a chance to see a doctor. My back now hurts and I want to go see a doctor but my employer refuses to pay for the medical bills. I live in Fort Worth Texas. What are my rights?
Answer:
I was injured in a car accident in Dallas, Texas on January 2, 2016, by someone else’s negligence. Who pays for my medical bills from this car accident ?
There is a misconception that if someone causes your injuries from a motor vehicle accident that they must pay your medical bills as you incur them. Unfortunately this is not true. Your medical bills are always your legal responsibility. However, the responsible party (we call this person a third-party) is legally liable to reimburse you for your medical bills at the time of settlement or as ordered by a court in the form of a judgment after trial. Normally, a person that causes the accident has liability insurance to pay the medical bills as well as the other damages that you suffered in the motor vehicle accident.
There is no legal process that transfers the responsibility to pay the medical bills to the negligent party. Instead what normally happens is you will be reimbursed for the medical bills that you paid out of your pocket or what you owe the medical provider or the third party (group insurance company, Medicare, Medicaid etc.) that paid your bills.
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On October 30, 2015, Eric Reyes received his Board Certification in Civil Law by the National Board of Trial Advocacy ( NBTA). He is already Board Certified in Personal Injury Trial Law by the Texas Board Of Legal Specialization (TBLS). A person injured in an auto accident or other type of accident caused by someone else’s negligence in the Fort Worth and Dallas area can rest assure that Mr. Reyes is fully qualified and highly trained to represent them regarding their claim.
What is civil trial law? First, civil trial law includes the body of law that regulates the legal duties and responsibilities between individuals and corporations. This includes personal injury litigation which he is already board certified in by the TBLS. Second, civil law normally involves monetary damages that are in dispute.
The NBTA is the first American Bar Association-accredited attorney board-certifying organization. The NBTA offers board certification in civil trial law, civil pretrial practice, criminal trial law, family trial law and Social Security disability law.
On April 26 2015, a fatal accident occurred on the southbound ramp of the Dallas North Tollway at the President George Bush Turnpike at approximately 5 AM.
According to the Dallas Police Department, a Nissan Sentra crashed causing the vehicle to turn upside down on the roadway on the southbound exit ramp. Two motorcyclists who were traveling behind the Nissan Sentra when they were unable to avoid the collision with the disabled vehicle and crashed into the Sentra.
One of the motorcyclists was killed in the collision and died at the scene of the accident. The driver of the Nissan was taken by ambulance to the Medical Center of Plano with serious injuries. The other motorcyclist was taken to Baylor Hospital in Plano also with serious injuries.
Why is it important to hire a board-certified lawyer?
The legal profession, like the medical profession, contains a very large body of knowledge that makes it impossible for one lawyer to concentrate in all areas of the law. The Texas State Bar that regulates the legal profession does not require an attorney to complete any formal board certification or training to practice in any particular field of law. In Texas, the attorney’s decision to be board certified in any area of the law including personal injury law is purely voluntary.
The medical profession by comparison has embraced specialization for over a hundred years. Over 94% of all doctors are board-certified in their area of expertise. Consumers therefore have the confidence that the doctor treating their condition is truly qualified to treat their health care problem.
Historically, medical errors have been chronically underreported and underdocumented; those judged to be insignificant are normally dismissed with that very same justification. Those errors judged to be worthy of documentation are nonetheless sometimes discarded as doctor, nurses and other hospital employees attempt to distance themselves from any implications of negligence. As recently as 2004, the Institute of Medicine maintained its estimate of as few as 44,000 deaths per year, in line with prior estimates. A new study from the Journal of Patient Safety suggests otherwise, however. In the study “A New, Evidence-based Estimate of Patient Harms Associated with Hospital Care,” the researcher’s most conservative estimate of otherwise preventable deaths due to hospital error was over 200,000 deaths per year.
With this in mind, we’ve compiled some of the notable medical errors that may be found to be malpractice.
Fort Worth Injury Attorney Blog