Jul 25, 2019 | By Anthony Milano | Read Time: 2 minutesA wrongful death action allows certain family members to receive compensation when a loved one dies. There are many different examples of wrongful death, including accidental deaths in car accidents. If a family member has been killed in a crash, you might be interested in the average wrongful death settlement. However, there is no average wrongful death settlement in Texas. No one has kept that information, since settlements are usually private. Also, each case is different and must be understood based on its own facts. Below, we run down through the considerations that help an attorney estimate the amount a client can receive in a wrongful death settlement. Wrongful Death Damages Damages are awarded to family members to compensate for the loss of their loved one. Depending on the circumstances, you could be entitled to compensation for: Lost earnings Loss of support or services your loved one provided Loss of care the deceased provided Loss of comfort, companionship, society, and love Loss of an inheritance Calculating the amount you can receive in a settlement is difficult. For example, to calculate lost income, an attorney will need to know your loved one’s age, the amount he or she made while living, as well as education and experience. Other losses are harder to put a price tag on. No amount of money can make up for the loss of love and companionship that you have suffered. However, a jury cannot bring your loved one back to life, so giving an award of money is the only other option. Limitations on Settlements You can’t always get 100% of what you deserve after a car accident. One common reason: the driver did not carry enough insurance to fully cover your losses. For example, your husband might have died at age 26. This means he probably had 40 years (at least) of working life ahead of him. The amount of income he could have made during those four decades probably totals more than $1 million and sometimes much more. Unfortunately, few drivers have an insurance policy large enough to cover this amount of loss. Instead, Texas law requires that those registering a motor vehicle carry only the minimum amount of liability insurance, which is currently $30,000. If the defendant has other assets—such as investments or money sitting in a bank account—then it makes sense to sue to recover more money than the insurance policy provides. However, many people don’t have any other assets, so the insurance policy represents the maximum recovery. Questions about the Average Settlement for a Wrongful Death Lawsuit? Contact Us At Milano Legal Group Accident Attorneys, we have helped countless motorists just like you get the money you deserve after a devastating accident. In your moment of grief, call us. We can handle all the legal issues and allow you to focus on what matters most—your family. To schedule a free consultation, please contact out firm today.
Read More Jul 25, 2019 | By Anthony Milano | Read Time: 2 minutesGetting your vehicle damaged in an accident can be frustrating in both your personal and professional life. You need a car to get to work, run errands, and do a number of other day-to-day tasks. In many cases after a car accident, the victim is entitled to a rental car, but who pays for a rental car after a car accident? An experienced Texas car accident attorney can ensure that the insurance company covers those costs following an accident, and at the Milano Legal Group our office is here to help. Call or contact the office today to learn more about your legal options after a car accident. Rights to a Rental Car Case law dictates that victims of a car accident are legally entitled to a rental vehicle after an accident. Furthermore, the costs of a rental vehicle can be included as part of an overall settlement in a car accident legal case. The insurance company should cover the costs of a rental vehicle, but you will need to follow specific steps in order to ensure that the insurer will pay for the rental car expenses. An experienced attorney will be able to help you through the process to make sure that you will not bear the burden of paying for your own rental vehicle. Steps for Getting a Rental Car After an accident, it is important that you collect the name of the other driver, their address and phone number, their insurance company information, and the policy number. If there are any witnesses to the accident, get their names and contact information, as well. Pictures and videos of the accident scene are also incredibly helpful to this process, so if possible, try to also document the scene. The next step is to contact both the insurance company as well as the police to report the accident. The insurance company will begin the claims process while the police will create an accident report that can be used as evidence later in a legal case. Many states legally require police notification if the damage is over a certain value or if anyone was injured as a result of the crash. Depending on the specific facts of your case, either your insurance company or the insurer of the other driver will cover the costs of your rental vehicle. If the other driver was clearly at fault, the other insurance company should cover the costs. If you have rental coverage as part of your auto insurance, your insurer may pay for the rental vehicle and go after the at-fault driver for compensation of the costs. Rental reimbursement coverage is an additional liability coverage you can purchase for your vehicle. A knowledgeable car accident attorney will be able to communicate and negotiate on your behalf with the insurance companies as well as arrange your rental car so that you can focus on what is most important – your recovery. Call or Contact the Office Today To learn more about payment for rental vehicles or other issues that arise from car accidents in the Houston area, call or contact the Milano Legal Group today to schedule a free consultation of your case.
Read More Jul 25, 2019 | By Anthony Milano | Read Time: 2 minutesOne of the fastest growing options for transportation are rideshare companies like Uber and Lyft. Rideshare companies allow people to use their personal vehicles like taxis, driving passengers to their destinations for a set fee. However, with the advent of ridesharing comes rideshare accidents, and confusing questions can arise about who is liable in a rideshare accident as well as what a Lyft or Uber settlement amount is worth. With experience handling all types of auto accident cases in the Houston area, our office is here to represent you in your rideshare accident and help you understand what a rideshare settlement might be worth. Uber and Lyft Insurance Policies Uber, Lyft, and other rideshare companies carry auto insurance coverage for the vehicles operating under their company banner. Both Uber and Lyft carry third party liability coverage up to $1 million for personal injuries and property damage per accident. In addition, these companies maintain uninsured/underinsured coverage up to $1 million per accident. The policies only apply during a ride, from the time that a driver picks up a passenger to when the passenger is dropped off, and not in between rides. However, these policies only apply in certain situations when a rideshare accident occurs. What Insurance Coverage Applies? Determining what insurance coverage applies is based on the specific facts of your case. A typical auto insurance policy has an exception for business use, which means that the insurer will not cover damages that occur while the driver is using the vehicle in a for-profit way unless the driver has a commercial driving provision that covers their vehicle as a rideshare driver. In an accident where the rideshare driver is at fault, the insurance policy of the driver applies first, and the rideshare company’s third party policy kicks in if the total compensation exceeds the driver’s personal policy limits. If the accident is caused by the driver of the other vehicle and not the rideshare driver, then the insurance policy of the at fault driver will apply to your claims. All drivers in Texas are required to carry minimum auto insurance coverage while on the road. If the driver at fault is uninsured, underinsured, or is unknown due to a hit and run accident, the rideshare company’s uninsured/underinsured policy may apply to your case. You should only trust a knowledgeable car accident attorney with a case involving a rideshare company due to the potentially complex nature of your claims against multiple entities that could cover the damages caused by the accident. Talk to a Qualified Attorney Today Accidents involving rideshare companies like Uber and Lyft can be complex and fact-specific to your case. To learn more about Uber and Lyft settlement payouts as well as a free review of your claims, call the office or contact us today at the Milano Legal Group in Houston to speak with a knowledgeable Texas auto accident attorney now.
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