Lost wages are commonly recovered in personal injury claims. Whether you have been injured in a car accident, while at work, etc., any length of time you cannot earn an income as a result, can be argued as lost wages. When it comes to proving lost income, you must be able to demonstrate the amount of time you missed from work due to your injuries, as well as how much money you would have made had you not missed work. Four Ways to Prove Lost Wages There are four options for demonstrating lost wages: W-2(s) from the previous tax year(s); Pay stubs from before and after the injury accident (proves the change in income); Wage verification from your employer: the insurance company can provide you with a “salary/wage verification form,” or you may ask your employer to write down your: Title and date hired; Statement confirming you were employed at the time of the accident; Normal wages or salary; The number of hours you typically work per week; Standard rate of pay for overtime; The dates you were/are unable to work; and, Bonus structure and any lost perks. Other income documentation if you are self-employed or a business owner: that can include tax returns, banking records for your business, checks received for your services, or accounts receivables. To protect your privacy, be sure to black line any account numbers. When submitting a lost wages claim, a doctor’s note confirming your injuries must also be included. The note must contain details of your disability and their recommendation as to how much time you should take off of work. What’s Covered Under Lost Wages? The types of compensation that are covered under lost wages are: Hourly Wages An estimate of your total lost wages can be calculated by adding up your missed hours from work and multiplying it by your standard rate of pay. For example, if you miss 10 days of work, and you generally work eight-hour shifts and earn $20 an hour, your lost hourly wages are 10 x 8 x $20 = $1,600. Tips If you held a job that came with tips, and you normally reported them, they can be included as lost income. However, you will need evidence of tips on your taxes or bank account deposits. Overtime Lost overtime can be included in your claim if you are regularly paid overtime. Past pay stubs are the best form of proof. Bonuses Proving you have or will lose bonus pay will require documentation of past bonuses, or a report from your employer detailing how bonuses are earned and any other compensation you will miss out on. Sick Days & Vacation Days Even if you use sick days or vacation time in order to receive payment while you recover, you have the right to recover compensation for those days. If it weren’t for your injury, you would not have been forced to use those benefits. Perks Missing or being unable to work may also mean you lost the perks that went along with your job. For example, you could claim the value of losing the use of a gym membership or company car. Speak to a Houston Lost Wages Lawyer Proving lost wages and the process for doing so can be complicated. An experienced Houston personal injury attorney at Milano Legal Group can help you by evaluating your lost wages claim and determining the amount of compensation you are owed. Call (713) 489-4270 or contact us online for a free consultation today.
A truck accident can change your world forever, making it impossible to return to the life you had before. As a result, you may be entitled to significant compensation if another party is to blame. However, the aftermath of a crash is stressful, and although there is no specific deadline as to when you should hire a truck accident lawyer, the sooner you do the better. Determining which parties can be held liable is often complicated. With the help of a Houston truck accident attorney, you can figure out how you need to approach your claim. Other things to consider when deciding at what point should you hire an attorney, including the following. How Much Time has Passed Since the Accident? Delaying contacting an attorney after a crash can result in a loss of critical evidence that proves fault. Ultimately, that can give the trucking company a considerable advantage, which may result in either the devaluing of your claim, or it being denied altogether. Examples of valuable evidence can include, traffic camera footage, inspection of the truck involved in the accident, proof that the trucker was under the influence of drugs or alcohol, the truck driver’s logbook, the truck’s black box data, photos of the scene and of any skid marks on the ground, eyewitness statements, etc. Additionally, the state of Texas has a statute of limitations in place for truck accident claims, that allows victims up to two years to pursue compensation. Have You Been Offered a Settlement by the Insurance Company? You don’t necessarily need an attorney if the opposing party’s insurance company offers you a settlement, but consulting with one before you accept it is highly recommended. Insurers are motivated to settle quickly and for as little money as possible, which means the first settlement offer will likely be low. If your injuries and medical costs are severe, that amount probably won’t be enough to cover your current and future financial losses. Truck accident victims often win 3.5 times more in settlement compensation when they are represented by an attorney, according to a study conducted by the Insurance Research Council. Are You Severely Injured? Unfortunately, truck accidents often result in severe injuries that require immediate and possibly ongoing medical attention. A truck accident attorney can thoroughly investigate your claim and handle all negotiations with the at-fault party’s insurance company on your behalf while you recover. If your injury is so serious that you’re unable to meet with a lawyer at their office, many are willing to come to you. Have You Decided to Sue? The legal process can be complicated and overwhelming. Even more so, if multiple parties are responsible for your injuries. For example, liable parties may potentially include the driver, the trucking company, truck manufacturer, or government entities. Trucking companies have a big budget to spend on legal representation. If you decide to sue, you will need a knowledgeable attorney at trial. Texas has a comparative fault law, which can affect your amount of compensation. As long as you are less than 50 percent at fault, you can recover compensation, but the amount awarded will be reduced by your percentage of liability. Your lawyer will help you determine a strategy that will ensure you receive fair compensation, and that comparative fault laws are applied correctly. Don’t hesitate to contact a skilled Houston truck accident lawyer today.
An accident of any kind can be terrifying, but especially so when an 18-wheeler truck is involved. These types of accidents are often devastating due to the size of the truck, and in some cases the weight of its cargo. If you or someone you love is ever hit by an 18-wheeler, it’s important to know what to do after. What to Do Immediately after the Accident Having guidance after an 18-wheeler accident is not only best for your health, but will also help you obtain the best results for your accident claim. Self-Check and Call 9-1-1 The highest priority is your wellbeing. Ensure you are not in any immediate danger, then call 9-1-1 and stay in your vehicle until emergency responders arrive. If you are in a dangerous situation, try to move to the side of the road. Check on your passengers and if they are injured, try not to move them and wait for first responders. Exchange Driver Information Get the most information you can about the truck driver and the company they work for, including: Name, address, and phone number for the people involved in the accident Insurance information and policy number Vehicle registration card Name, address, and phone number of the company the trucker works for. 18-wheeler year, make, model, color, and license plate number VIN number of the vehicle. It’s usually on the lower left front windshield and/or on the inside of the driver’s door. If you are immediately transported to the hospital, the police officers who arrive on the scene will file an accident report that should contain the above listed information in it. Document the Scene Write down the exact location of the accident, street names, and address, as well as the contact information for any witnesses. If you are physically able to, take photographs of: The accident scene and surrounding area from every direction and angle Any skid marks on the road Each vehicle involved in the crash and its damage The trucker’s drivers license ID Your injuries. If you have a dashcam, make sure to save any video footage. All of this information can eventually be used as evidence when it comes time to prove liability and obtain compensation. Contact an 18-Wheeler Truck Accident Attorney Take advantage of a free consultation with an experienced 18-wheeler truck accident lawyer in Houston. They will walk you through the next steps and advise you on what you need to do to obtain the compensation you will need for medical bills, to fix your vehicle, to cover lost income, and for any other accident-related expenses. Why 18-Wheeler Truck Accidents Often Happen in Texas The most common illegal actions that result in 18-wheeler accidents are: Distracted Driving: often due to talking on a cellphone, texting, eating and drinking, watching TV, or surfing the Internet. Violating hours of service requirements: if a trucker spends too many hours on the road, he may become drowsy, inattentive, or even fall asleep behind the wheel. Reckless driving: some truck drivers use drugs or alcohol while on the road, which can result in aggressive or unsafe driving maneuvers, or traveling over the speed limit. Improper maintenance: truckers must ensure that all parts of their vehicles, trailers, and cargo are in proper working order before beginning a journey. Overloading the trailer, improper fasteners, thinning tires, broken mirrors, and other maintenance problems can all lead to an accident. Poorly trained drivers or lack of experience. Trucking companies may engage in negligent hiring practices to get truck drivers on the road. For example, failing to perform background checks, drug testing, and adequate driver training. Speak to an Experienced Houston 18-Wheeler Truck Accident Lawyer If you or a loved one is hit by an 18-wheeler truck in Texas, you may be entitled to legal compensation. Contact Milano Legal Group so we can help you get your life back together. Call (713) 489-4270 or message us online to schedule a free consultation today.
After a car accident, figuring out how to handle medical bills is often a tremendous concern. Unfortunately, you will bear the responsibility for paying your medical bills, but only at first. If another party is at fault for your accident, they are responsible for paying your treatment. However, their insurance company is only going to make one payment to you once your claim is resolved, rather than reimbursing you on an ongoing basis for every appointment or procedure. Potential Sources of Payments for Your Medical Bills You are responsible for your medical bills after a car accident, but that doesn’t mean the payments have to all come out-of-pocket. There are a few potential sources that may cover your treatment. Personal Injury Protection (PIP) Coverage PIP is the most common source of payment for medical bills in Texas. It is a form of auto insurance coverage and will pay for your medical bills up to your policy limits. It will also pay for other things like lost wages and other non medical costs. Auto policies in Texas will automatically come with PIP, unless you inform your insurer in writing that you are opting out. Health Insurance Personal health insurance coverage is also a common source of payment for medical bills. It can be used on its own, or to cover the remaining expenses after your PIP has reached its limit, but you will still have to pay for any deductibles or copayments. Oftentimes, people make the mistake of not wanting their health insurance provider to cover their bills that arise from a car accident. However, more often than not, you should have all of your medical bills go through your health insurance provider if possible. Doing this can save you a lot of money in the long run. Even though your health insurer is entitled to recoup the payments made on your behalf from your settlement or judgement, your attorney can negotiate how much will come out of your award. Medical Payment Coverage (Med Pay) Med Pay is similar to PIP, as it is an optional form of auto insurance coverage, but it only pays for your medical bills after an accident. It does not come with stipulations, meaning it will cover fees from any licensed doctor, ambulance, hospital, etc. The one restriction is your policy limit. Policies often range from $1,000 to upwards of $100,000, but it will depend on the type of coverage you bought. Any costs for treatment beyond your coverage limit will be your personal responsibility. When to Expect Payment for Your Medical Bills Resolving your case with the at-fault party can be a long process, especially when it comes to obtaining payment for medical bills related to your injury. How quickly you recover payment will depend on the severity of your injuries and your requirement for ongoing care, as well as whether you settle outside of court or take the case to trial. Settling fast, however, might mean you will receive an amount of compensation that is 60 to 70 percent less than what you might be offered if your case makes it to trial. Speak to a Highly Qualified Houston Car Accident Attorney It can be incredibly frustrating to have to deal with medical bills after being hurt in a car accident that someone else is responsible for. To discuss your options and for help with your claim, call (713) 489-4270 or contact Milano Legal Group online. We offer free consultations, schedule one today.
Hundreds of car accident victims suffer whiplash injuries every day. If it happens to you, you are entitled to compensation. A whiplash injury can be debilitating for a long period of time, disrupting ordinary life. What Types of Compensation Can I Recover in a Whiplash Claim? The types of compensation available to whiplash injury victims will likely include: Current and future medical bills related to the injury Current and future lost wages if the victim is unable to work Pain and suffering Loss of enjoyment of life Any other out-of-pocket expenses related to the injury How Much Compensation can I Receive for a Whiplash Injury? There are many factors taken into account when whiplash compensation is being calculated. The severity of the injury, your financial losses, and how the injury has impacted your way of life will influence your claims’ value. The majority of whiplash injuries are classified as minor, with an average recovery time of around 4-5 weeks. Ninety percent of people fully recover within three months. For these cases, the approximate range of compensation is between $2,500 and $10,000. Most of the other 10 percent or so of cases, where there is permanent or recurring pain that lasts for years, the amount may escalate to around $30,000. At the other end of the scale, a small minority of car accident victims suffers permanent cervical spine damage. This type of whiplash injury can result in chronic pain, headaches, and a variety of other symptoms. For these cases, there may be a six-figure settlement or more. What are the Symptoms of Whiplash? Whiplash neck injuries occur when the impact of a car accident causes the head to violently and abruptly be thrown backward and then forward. Symptoms can include: Stiffness in the neck – soreness and difficulty moving the neck, especially when trying to turn the head to the side. Blurred vision – a lack of sharpness of vision resulting in the inability to see fine details. Headaches – a tightening around the head and neck, followed by aches. Lower back pain – any pain between the bottom of your rib cage down to the top of your legs. Dizziness – a sensation of spinning and losing one’s balance. Ringing in the ears (tinnitus) Sleep disturbances Irritability Tingling or numbness in the arms Difficulty concentrating Rear-end car accidents are the most common cause of whiplash. Do I Need a Lawyer for My Whiplash Injury Claim? Insurance companies will typically offer an amount of compensation for a whiplash injury that is a fraction of how much you may legally be entitled to claim. Speaking to a car accident lawyer before accepting any type of settlement offer will protect you from recovering less than what you’ll need for the injury’s impact on your life. Although whiplash injuries typically heal, they leave victims in pain with reduced mobility, and a decreased overall quality of life. As a result, they may require ongoing medical care and may also miss days, weeks, or even months of work. Most Houston car accident lawyers offer free consultations to discuss your case and learn its value.
Whether or not you should sign a release after a car accident depends on the specifics of your case. Any time you are injured in a collision caused by the careless or reckless behavior of another person, the insurance company for the at-fault party will ask you to sign a release of liability. However, it could be a mistake to do so before consulting with an attorney. What is a Release of Liability? Signing a release form basically means you are letting go or releasing the responsible party from further liability. In other words, you are giving up your right to sue for any future damages resulting from the accident. For instance, you may not be compensated for future medical bills, lost income, or pain and suffering. Do Insurance Companies Require a Signed Release Form? The at-fault driver’s insurance company may ask you to sign a release form before paying you any compensation, or paying the body shop you have chosen to repair your vehicle. It is a final payment, so you must review the form carefully to make sure that you are only releasing liability for the aspects of your claim which you have settled. For instance, if your claim has not been finalized with regard to your injuries suffered in the accident, make sure the form does not release liability for your injury. If your own insurance company is paying you for the accident, they will also require a signed release of liability. What To Do Before Signing a Release of Liability Before signing a release of liability, schedule a free consultation with an attorney to discuss your case. Insurance companies will often pressure car accident victims to sign a release and accept a quick settlement offer. They do this in an attempt to minimize payouts on a claim. A car accident attorney can advise you on if you are recovering the maximum amount of compensation allowable for your claim. Additionally, you may need permission from your own car insurance company before signing a release of liability. This is typically the case when your insurer must pursue a subrogation claim. Subrogation refers to the process by which your insurance company recovers money from the at-fault party or their insurer for funds they, or you have already paid. For instance, if you are hit by an underinsured driver whose policy limits aren’t enough to fully compensate you for your losses, your own insurer may be able to make up the difference under your underinsured motorist coverage. Your insurer will then use your legal right to go after the other driver or their insurer to recover the money they paid you. If you sign a release without your insurer’s permission, they will not have the ability to go after the other driver for reimbursement. Your insurer may then try to deny your claim for benefits under your underinsured motorist coverage. We Can Help Our Houston car accident attorneys have extensive experience helping injured victims navigate their claims. Contact us today through our website or by calling (713) 489-4270 to schedule a free consultation.
When you have been involved in a car accident, certain evidence will be particularly important for your personal injury or property damage claim. This evidence varies in form, and will help protect your right to compensation. Here are the types that can strengthen your case: Photo and Video Evidence If you can, take pictures and/or video of the following from varying distances and different directions: The damage to all cars involved (external and internal) Final position of the vehicles after the collision Road conditions Weather conditions Skid marks Road signs and/or traffic lights Your injuries These photos/videos can corroborate and support your version of how the accident occurred. They may contain clues about the direction from which your vehicle was struck, the speed of oncoming vehicle(s), and possibly the distance to a traffic sign or signal. Any debris, such as shredded tires or brake lines could indicate a manufacturer defect or other contributing factors. The top priority after an accident, however, is seeking medical care. If you are seriously injured you may need to ask someone else or hire an attorney to document the scene for you. Police Reports Calling the police to the scene is vital to proving who is at fault. Texas law also requires you to report an accident to the police when someone is injured or if there is more than $1,000 in damage to one or more of the vehicles involved. A police report will provide an official record of the accident and will contain details of their investigation. The officer will speak to each party, take notes, possibly draw a diagram of the scene, and will give their opinion as to what, where, and when they believe the collision occurred. Depending on the circumstances of the accident, they may also arrest a driver or ticket them for a moving violation. Witness Statements Witnesses can give honest accounts of exactly what they saw, demonstrating your lack of fault to an insurance company or a court. Write down the details of and contact information for as many witnesses as you can find. This information will also likely be found in the police report. Medical Records Ongoing medical evidence pertaining to your injury will establish how the accident has impacted your life. The most important proof is regular consultations with medical professionals and completing the ongoing treatment they advise. Doctors will keep detailed records on your visits, condition, and advised treatment plan. These records are key pieces of evidence for an insurer or at trial. If you do not seek medical care or stop treatment, you may not receive the compensation you need and deserve for your injury. Speak to an Experienced Houston Car Accident Attorney If you were recently injured in a car accident, contact Milano Legal Group for a free consultation. We will help you collect the evidence you need to prove that the accident was not your fault, that you were injured, and how your life has and will be impacted as a result.
If a chain reaction of car accidents is caused when one car strikes another and in turn pushes that car into a third, and so on, determining fault can be challenging. Several cars may be damaged, and one or more parties involved injured. Leading to a tangle of liability claims with multiple insurance companies that may result in lengthy legal disputes. If you have suffered an injury in a multi-vehicle accident, you may be wondering if you are entitled to compensation and how to go about collecting it. A reliable car accident lawyer in Houston can help you navigate through the process and ensure you have ample evidence to prove fault. How Fault is Assigned in a Multi-Vehicle Accident Oftentimes, it is the car in the back or the first drivers who hit one another that are assigned the most liability in a multi-vehicle accident. However, who started the domino effect and failed in their duty of care to keep others on the road safe is not always obvious. Several drivers may be partially to blame. Each incident is unique and will require an investigation to produce an extensive breakdown of the events that took place, before a decision on liability is made. Factors that may be considered are: Witness statements. Police reports. Any available video surveillance, or black box data if a large truck was involved. If a state or local traffic law was violated by one of the drivers, or if a citation was issued. Where the accident took place and the position of the vehicles once they came to rest. The severity and location of damage to the vehicles. Road conditions at the time of the accident and whether a driver was traveling at an unsafe speed for the conditions. If one of the drivers was making a left turn. Timing is also everything. In general, the closer in time your car crashes to the original accident, the less at fault you are. If your car crashes after an accident has already occurred, you may have been able to avoid the accident and could be found responsible for your injuries and property damage. How Texas’ Rule of Comparative Negligence can Affect Your Financial Award Texas follows the rule of modified comparative negligence, which can impact the amount of compensation you receive after a multi-vehicle accident. You still have the right to collect an award, even if you are partially at fault. However, you must be found to be 50 percent or less responsible, and your award will be reduced by your percentage of liability. The way that works is as follows: If you are found between 1%-50% at fault, your compensation award will be reduced by that percentage. For example, if you are 30% responsible and awarded $100,000, you will receive only $70,000 in compensation. If you are more than 50% at fault, you will not be allowed to recover compensation. If you are 0% at fault, your compensation is unaffected. Call Our Houston Car Accident Lawyers Today Working with a Houston multi-vehicle accident lawyer will ensure you have the evidence you need to demonstrate why other parties are responsible for your injury. Our team at the Milano Legal Group PLLC is dedicated to representing victims of negligence. We are prepared to carry the legal burden for our clients and their families, so they can focus on recovery. Contact us today for a free consultation, by reaching us online or calling (713) 489-4270.
There are various legal defenses that a defendant may use in an attempt to avoid liability in a Houston personal injury case, including the assumption of risk. Assumption of risk means the injured party voluntarily and knowingly engaged in an activity that carries with it a high risk of injury. Understanding this type of affirmative defense is vital, as it can be devastating to the outcome of your claim. An experienced Houston personal injury lawyer can assess your case and determine if the assumption of risk defense could potentially have an impact on your compensation. How Assumption of Risk Can Affect Your Personal Injury Claim When assumption of risk is introduced as a defense, the defendant is claiming that the plaintiff (victim) cannot obtain damages since they should have known about the danger of injury. It asserts that the plaintiff either gave implied consent or expressed consent: Implied Consent: had knowledge of the risks involved in taking part of that activity and/or service. An implied assumption of risk is typically used in cases involving premises liability or dangerous activities, such as skydiving, amusement park rides, sporting activities, trampoline parks, etc. Expressed Consent: Knowingly accepted the risks associated with the activity and/or service through an agreement or their actions. Expressed consent is often associated with a waiver of liability that is agreed to and signed prior to the risky activity (though in some cases verbal express consent is permitted). In these cases, it can be particularly difficult to recover compensation, since waivers of liability can excuse the defendant from being held responsible for any injuries. A successful assumption of the risk defense can impact your recovery by leading a judge or jury to find you partially or completely responsible for your injury. Each case is unique, and the defense’s effectiveness will hinge on the facts and evidence presented by both sides. Exceptions to the Rule There are exceptions to the assumption of risk defense, as the injury suffered must be “foreseeable.” The foreseeability test determines proximate cause— or a party’s liability—for an act of negligence that resulted in injury. Basically, it asks whether a person of ordinary intelligence should have reasonably foreseen the potential consequences of his or her conduct. For example, an assumption of risk defense might not work if a plaintiff was injured on a roller coaster caused by damaged safety equipment. That’s because the injured party didn’t know about the risk posed by the damaged equipment prior to getting on the ride. Additionally, the assumption of risk defense will not protect a defendant from liability for reckless or intentional behavior. For instance, if the defendant knew about the roller coaster’s damaged safety equipment and still allowed people to ride it. Modified Comparative Negligence Laws in Houston Under Texas’ modified comparative negligence laws, you can still recover damages when you are partially at fault, but only as long as it is less than 51 percent. The amount of compensation you are awarded will be reduced by the percentage of liability assigned to you. As an example, if a jury awards you $100,000 and you are found 20 percent at fault for your injury, then you will receive $80,000. If you are found more than 50 percent liable, you cannot recover damages. Get Help From a Houston Personal Injury Attorney Personal injury cases where an assumption of risk defense is used are often tough fights in court. A skilled injury lawyer in Houston can evaluate your case to see if the assumption of risk applies and help you explore your legal options. Schedule your free consultation with an attorney at the Milano Legal Group PLLC today for help obtaining the best recovery possible.
After an injury accident, there are essentially two types of damages that plaintiffs (victims) can pursue: compensatory and punitive. Depending on the circumstances of the case, you may have the right to recover these types of compensation, if negligence and causation are established. Understanding the difference between them is important to your personal injury claim, especially since not every case qualifies for punitive damages. Compensatory Damages The purpose of these damages is to make the injured party whole, by compensating them for both economic and non-economic losses. Economic losses can include: Property damage Past, current, and future medical bills and expenses Past, current, and future lost wages Legal fees On the other hand, non-economic losses are those that cannot be proven outright or calculated with a receipt. They are damages that you have suffered because of the other party’s negligence. Those can include: Loss of enjoyment of life Pain and suffering Emotional distress Loss of consortium or damage to a relationship with spouse or children Compensatory damages (both economic and non-economic) are the most commonly awarded type of compensation. To obtain a fair amount, it is imperative to calculate your losses accurately, so that no expenses are overlooked. The task of calculating future costs may require testimony from medical and accounting experts. Punitive Damages Punitive damages are not as common and are intended to punish the defendant. They are awarded when the court feels that the negligent party committed an egregious act or demonstrated a willful disregard for the health and safety of others. With the hope that the punishment will deter them and others from engaging in similar behavior in the future. Punitive damages are often awarded in car accident cases involving a drunk driver. Since driving while under the influence of alcohol is illegal, a driver might pay punitive damages as their penalty for consciously deciding to engage in harmful behavior, in addition to compensatory damages. The amount of punitive damages will not be based on your losses, but rather the amount that the court deems as adequate enough punishment. Caps on Damages Many states place caps, or limits, on the amount of damages a plaintiff can recover. Under Texas law, compensatory damages are not capped in most personal injury lawsuits, unless it is filed against a government entity or it is a medical malpractice lawsuit. That means many victims are entitled to pursue and may receive full compensation for their economic and non-economic losses. However, punitive damages are capped. They cannot exceed: Two times the amount of economic damages awarded plus the amount equal to their non-economic damages award (up to $750,000); or, $200,000 in cases where no economic damages are awarded. As an example, a victim is awarded $50,000 in economic damages and $25,000 in non-economic damages. If punitive damages are available, they would be capped at $125,000 (two times $50,000 plus the $25,000 in non-economic damages). Speak to a Houston Personal Injury Lawyer About Your Compensation The circumstances and losses specific to your case will determine its worth. Explore your legal options and discuss your claim’s value with an experienced Houston personal injury lawyer at the Milano Legal Group PLLC. Contact us online or call (713) 489-4270 to schedule a free consultation.