Austin Texas Top Hispanic Attorney
We take pride in providing the level of attention you would expect from a family-owned, family-oriented Austin law firm. We treat every one of our clients with the same level of care and attention that we would expect if we were facing your same situation. Regardless of whether you have suffered bumps and bruises in a car accident or have been paralyzed by an act of medical malpractice, the personal injury attorneys and staff at Abogados Espanoles in Austin will make it clear that we care about you. We’re on your side. Contact us to arrange a free consultation to talk about how we can help.
The law requires negligent drivers and their insurance companies to pay fair compensation to innocent victims for all of their injuries and losses. The Austin Top Hispanic Attorney at Abogados Espanoles provide honest, aggressive and compassionate help to all their clients who have been injured in car crashes. Please contact our office today to speak with one of our car accident lawyers. There is no charge for the initial consultation and there is no charge for any attorney’s fees unless we win your case for you.
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Most often when a person is injured, let's say in a car accident, the at-fault party (or other driver) is held liable for their resulting economic damages and losses. Damages and losses include hospital bills, medical expenses, lost wages from time off work, prolonged therapy, mental anguish, pain and suffering, and much more. Damages and losses generally depend on the severity of the accident and resulting injuries, as well as, local jurisdiction. On the other hand, there are times when the faulted party's insurance company denies liability after a victim submits their claim because they say the law says the victim is responsible for the accident, and ultimately, any damages that may have been incurred as a result.
If they do send you something, be sure it is an official law rather than an excerpt from their own company's handbook or a written statement from their lawyer. Keep in mind that any law that may pertain to your claim does not include specific events and variables to your case. This means you may still not be liable. Talk to a personal injury lawyer to learn your rights.
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You've just been injured in an accident and treated in a hospital emergency room. Now the hospital is owed money for their treatment of your injuries. Assuming you have no health insurance, the hospital will probably file a hospital lien.
Under Texas law, hospital liens are permitted by Chapter 55 of the Texas Property Code. A hospital may file a lien on a personal injury claim if it provided treatment to a patient for injuries sustained in an accident. This means that, in the event you make a claim for injuries against any person or their insurance company, the hospital will be entitled to recover the amount of their charges from the settlement proceeds.
In order for a hospital lien to be valid, it must be in writing, filed with the county clerk in the county where the services were rendered, and be filed prior to money being paid on the claim. If money is paid before the lien is filed, then the lien does not attach to those funds.
Hospital liens can be tricky. If a hospital lien is filed in your case, your personal injury lawyer should contact the hospital and work out some sort of settlement of the lien amount. Some hospitals are more willing to negotiate the amount of their lien than others. But if the hospital lien takes most or all of the settlement funds, then there is no incentive for the patient/client to settle the case. Likewise, no one gets paid. So, it is important that you and your lawyer are aware if a lien is filed in your case so that it can be properly dealt with upon settlement of your case.
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"Should I tell them about my pre-existing condition?" "Will it hurt my case?" are questions injury clients often ask.
You don't want to hide anything about your medical history from the other side. First, you have an obligation to share the information. Second, a preexisting condition that is aggravated can mean more compensation than if you were completely healthy before the accident.
Take the case of Shannon whose car was struck from behind while sitting in traffic. There was no visible damage to her Toyota Supra. Ordinarily a low property damage case like this one would not be worth much.
However, she began to feel pain in her neck right after the accident and was taken to the emergency room. A CT scan revealed that a preexisting disc injury had been aggravated. Eventually Shannon required surgery.
When Shannon's lawyer presented a claim to the at-fault driver's insurance company they made no offer at all. This is often the case in accidents with no visible car damage.
After a lawsuit was filed and a trial date was set the insurance company settled the case for a significant amount.
These rules also apply to workers compensation cases. The rule is well established that when an industrial accident lights up or aggravates a pre-existing deficiency or disease, the aggravation is compensable as long as the industrial accident was the medical and legal cause of the injury.
Knowledge of the law of pre-existing conditions is a "must know" area for anyone handling an injury case. Be sure to research and understand the principles as they apply in your state.
This article is provided for informational purposes only and is not intended to take the place of competent legal advice from an experienced injury attorney in the state where you live.