In a jury trial, the defendant (at-fault, negligent party) always has insurance on their side.

The defendant's lawyers are provided by their insurance company to defend them from the lawsuit. However, during the trial - no one is allowed to even mention that insurance companies are involved. You can't even say the word "insurance" for fear of a mistrial.

This is one of the best kept secrets helping the insurance companies maintain their position as one of the most profitable industries in the world! Insurance companies are not keen to let this information out to their customers.

Even though liability insurance is a requirement in Texas, insurance companies don't want people to know that the defendants in a jury trial have liability coverage in case they are ever sued to avoid paying out big awards to the plaintiffs (injured victims).

They are preying on the sympathy of the jury - hoping they will assume the defendant can't possibly pay a big settlement on their own even though it is the insurance company who will pay.

Have a question of your own? Email us at info@seriousinjury.legal OR reach out to us on social media.

Responsible drivers will own their mistakes and should carry insurance to protect themselves and their passengers. We always recommend consulting with a personal injury attorney about your specific circumstance after a serious car accident.

In the best-case scenario, your driver has insurance.

You do not need permission from the driver in order to file a claim against them as their insurance company will be the ones responsible for paying for the damages they caused. However, we understand that there could be hesitation to pursue a claim and potentially sue the driver if they are someone you know personally.

There could be several reasons why someone might be hesitant to sue their driver if they were a passenger in an at-fault vehicle:

1. Relationship with the driver: The passenger may have a personal relationship with the driver, such as being a family member or close friend. This can create emotional conflicts and make it difficult for the passenger to take legal action against someone they care about.
2. Financial concerns: The passenger may worry about the financial implications of suing the driver. They may fear that the driver does not have sufficient insurance coverage or assets to cover the damages, which could result in a lengthy and costly legal process with little chance of recovering compensation.
3. Loyalty and guilt: The passenger may feel a sense of loyalty towards the driver and may not want to hold them responsible for the accident. They might also experience guilt, thinking that they contributed to the accident in some way or that they should have done something differently to prevent it.
4. Fear of retaliation: In some cases, the passenger may fear potential retaliation from the driver or their friends and family if they pursue legal action. This fear can discourage them from taking any legal steps, even if they are entitled to compensation for their injuries.
5. Lack of awareness of their rights: Some passengers may not be aware of their legal rights and options following an accident. They may not realize that they can seek compensation for their injuries and other damages, leading to hesitation in pursuing a lawsuit.

In the worst-case scenario, your driver was uninsured.

Causing an accident while uninsured means that the driver is subject to any monetary penalties, citations, punishments, and other consequences, such as a lawsuit. Though it is possible to win these types of lawsuits, it is important to keep in mind that someone who cannot afford insurance likely does not have any money or assets to pursue. So, even if you won, compensation could be minimal.

Ultimately, it is up to the passenger to decide if their physical and financial losses are worth suing the driver or not, regardless of relationship or loyalty.

If you decide that your injuries and financial losses are too much to handle on your own, call 844-CAR-WREX to consult with an attorney. Our law firm handles hundreds of injured passenger claims every year

Collateral insurance, also known as gap insurance, is a type of coverage that protects you financially in the event of a total loss or theft of your vehicle. It covers the difference between the actual cash value of your car and the amount you owe on your auto loan or lease. It does not cover any damages you may cause to other property or personal injuries.

How Does Collateral Insurance Work?

To understand how collateral insurance works, let's consider an example. Imagine you purchased a brand-new car for $30,000 and took out a loan to finance it. A few months later, unfortunately, your car gets stolen and is never recovered. At the time of the theft, you still owe $25,000 on your auto loan.

Without collateral insurance, your standard car insurance policy would only cover the actual cash value of the car at the time of the theft. However, due to depreciation, the actual cash value might be significantly lower than what you owe on your loan. This means you would still be responsible for paying off the remaining $25,000 even though you no longer have the car.

This is where collateral insurance comes into play. If you have this coverage, it will bridge the gap between the actual cash value and the outstanding loan balance. In our example, if the actual cash value of your stolen car is determined to be $20,000, collateral insurance would cover the remaining $5,000, ensuring that you are not left with a hefty loan balance to repay.

Is Collateral Insurance Necessary?

While collateral insurance is not legally required like liability insurance, it can provide valuable protection for car owners, especially those who have financed their vehicles. If you have a car loan or lease, collateral insurance can offer peace of mind by safeguarding your financial interests in the event of a total loss or theft.

How Can You Obtain Collateral Insurance?

Collateral insurance is typically offered by car insurance companies as an optional add-on to your existing policy. It's important to note that not all insurers provide this coverage, so it's worth checking with your insurance provider to see if they offer collateral insurance and what the terms and conditions are.

Understanding Disability Income

Before delving into the impact of settlements, let's first clarify what disability income entails. Disability income refers to financial assistance provided to individuals who are unable to work due to a qualifying disability. This assistance can come from various sources, such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

Impact of Settlements on Disability Income

When it comes to settlements, the effect on disability income depends on the specific type of benefit you receive.

1. Social Security Disability Insurance (SSDI)

If you are receiving SSDI benefits, a settlement generally does not affect your monthly payments. SSDI is based on your work history and contributions to the Social Security system. Therefore, any settlement you receive should not impact your eligibility or the amount you receive in SSDI benefits.

However, it is worth noting that if you receive a large lump sum settlement, the Social Security Administration (SSA) may consider it as income for the month in which you receive it. This could potentially affect your SSI benefits if you also receive them.

2. Supplemental Security Income (SSI)

Unlike SSDI, SSI is a need-based program that provides financial assistance to disabled individuals with limited income and resources. If you receive SSI benefits and receive a settlement, it can affect your eligibility and the amount you receive.

The SSA considers any income or resources you have when determining your SSI eligibility and payment amount. This includes settlements. If you receive a settlement, it is crucial to report it to the SSA promptly. Failure to do so may result in overpayments and potential penalties.

The settlement amount will be evaluated by the SSA, and they will determine how it affects your SSI benefits. In some cases, the settlement may result in a reduction or suspension of your SSI payments until the funds are appropriately spent.

Seek Professional Advice

Navigating the complexities of disability income and settlements can be challenging. It is always advisable to consult with a qualified attorney or disability advocate who specializes in these matters. They can provide personalized guidance based on your specific circumstances and ensure you make informed decisions.

Conclusion

In Texas, the impact of a settlement on disability income depends on whether you receive SSDI or SSI benefits. While SSDI benefits are generally unaffected by settlements, SSI benefits can be impacted. It is crucial to report any settlements promptly to the SSA and seek professional advice to understand how it may affect your eligibility and payment amount.

Remember, this blog post provides general information and should not be considered legal advice. Each case is unique, and consulting a professional is essential to address your specific situation.

Petitions can be filed in various types of cases, including civil, criminal, family, or administrative matters. The content and format of a petition may vary depending on the jurisdiction and the specific legal issue at hand.

In civil cases, a petition typically includes the names of the parties involved, a clear statement of the legal issue or claim, and a request for relief or remedy. This allows the petitioner to present their side of the case and ask the court for a resolution. For example, in a personal injury case, the petitioner may file a petition seeking compensation for their injuries.

In criminal cases, a petition may challenge a conviction or sentence, or request a pardon or commutation. This gives the petitioner an opportunity to bring attention to any errors or injustices that may have occurred during the trial or sentencing process. For instance, a person who believes they were wrongfully convicted may file a petition to have their case reviewed by a higher court.

Family law petitions often involve matters such as divorce, child custody, or adoption. These petitions allow individuals to formally request the court's intervention and decision on these sensitive and important issues. For example, a parent seeking sole custody of their child may file a petition outlining their reasons and requesting the court's consideration.

Administrative petitions, on the other hand, challenge decisions made by government agencies. These petitions provide a means for individuals or organizations to contest a decision that they believe is unfair or unlawful. For instance, if a business owner disagrees with a regulatory agency's decision to deny them a permit, they may file a petition seeking a review of the decision.

Regardless of the type of case, filing a petition is an essential step in the legal process. It allows individuals to assert their rights and seek resolution through the court system. By formally presenting their request or application, petitioners have the opportunity to have their case heard and considered by a judge or legal authority. This is an important avenue for seeking justice and finding a resolution to legal disputes.

The Responsibilities of Nursing Homes

1. Providing a safe environment: Nursing homes must maintain a safe and hazard-free environment for their residents. This includes regular maintenance of the premises, ensuring proper lighting, addressing any potential safety risks, and implementing security measures to prevent unauthorized access.
2. Assistance with daily activities: Nursing homes are responsible for assisting residents with their daily activities, such as bathing, dressing, eating, and medication management. Staff members should be adequately trained to provide appropriate care and support based on each resident's individual needs.
3. Medical care and supervision: Nursing homes must ensure that residents receive necessary medical care and supervision. This includes administering medications correctly, monitoring vital signs, arranging doctor visits, and promptly addressing any health concerns or emergencies.
4. Nutrition and hydration: Nursing homes should provide residents with nutritious meals and adequate hydration. They must accommodate special dietary requirements and ensure that residents receive the necessary nutrients to maintain their health.
5. Social and recreational activities: Nursing homes should offer social and recreational activities to promote mental stimulation and overall well-being among residents. Engaging programs and events can help prevent feelings of isolation and depression.
6. Maintaining accurate records: Nursing homes are responsible for maintaining accurate and up-to-date records of each resident's medical history, care plans, medications, and any incidents or accidents that occur. These records are essential for monitoring the resident's progress and ensuring continuity of care.

Identifying Negligence in Nursing Home or Elder Abuse Cases

Negligence in nursing homes can take various forms, including physical abuse, emotional abuse, neglect, financial exploitation, and medical malpractice. Here are some signs that may indicate negligence or elder abuse:

1. Unexplained injuries: Frequent unexplained bruises, fractures, burns, or pressure sores could be indicators of physical abuse or neglect.
2. Changes in behavior: Sudden changes in behavior, such as withdrawal, depression, anxiety, or fearfulness, may suggest emotional abuse or neglect.
3. Poor hygiene and living conditions: If residents appear unkempt, have poor personal hygiene, or live in unsanitary conditions, it could be a sign of neglect.
4. Malnutrition or dehydration: Unexplained weight loss, signs of malnutrition, or dehydration may indicate neglect or inadequate care.
5. Medication errors: Frequent medication errors, missed doses, or incorrect administration of medications can pose serious risks to residents' health and may indicate negligence.
6. Financial irregularities: Unexplained withdrawals from bank accounts, sudden changes in wills or power of attorney, or unauthorized use of funds may suggest financial exploitation.

If you suspect any form of negligence or elder abuse in a nursing home, it is crucial to take immediate action. Document any evidence, report your concerns to the appropriate authorities, and consult with an attorney specializing in elder law to protect the rights and well-being of your loved one.

In conclusion, nursing homes have a significant responsibility to provide a safe and caring environment for their residents. Understanding their responsibilities and being vigilant about identifying signs of negligence or elder abuse can help ensure the well-being and safety of our elderly population. By holding nursing homes accountable for their actions, we can strive to create a society where our seniors receive the respect, care, and dignity they deserve.

What does Med Pay cover?

Medical Payments coverage is always in effect for the policyholder, regardless of their mode of transportation. Whether you are walking, riding in a friend's car, or using public transportation, MedPay remains active. However, it is important to note that certain exclusions may apply based on your insurance provider and policy terms. MedPay may help pay for the following expenses:

• Health insurance deductibles and co-pays
• Doctor or hospital visits
• Ambulance and EMT fees
• Doctor visits and nursing services
• Injuries sustained as a pedestrian or bicyclist if hit by a car
• Surgery, X-rays or prostheses
• Dental procedures needed as a result of an accident
• Funeral costs

What's the difference between PIP and MedPay?

Personal Injury Protection (PIP) is similar to MedPay in that it helps cover medical expenses for you or your passengers after a car accident, regardless of fault. However, there are three key distinctions between these two types of coverage.

1. PIP helps cover medical expenses and other types of expenses such as lost wages, child care costs, or essential services due to your injuries after a car accident. MedPay does not.
2. PIP is sometimes required, and sometimes optional, depending on state law. Medical payments insurance is always optional. Texas requires that auto insurance companies, at the very least, offer PIP and UM/UIM when selling liability insurance.
3. MedPay is only available in states that do not have PIP.

How does MedPay work if I already have health insurance?

Covering this topic can be challenging as it varies based on your health and auto insurance policies. Initially, Med Pay coverage limits are typically low since they aim to cover immediate medical and funeral expenses or complement other insurance types.

Coverage may overlap so it may depend on how your health insurance policy is structured.

• If your health insurance covers car accidents and you don't have a deductible, then you don't need MedPay.
• If your health insurance policies excludes injuries related to a car accident OR you have to pay a deductible, you may want to add Medical Payment Coverage.
• Additionally, different auto insurers may consider your health insurance policy to be the primary coverage while others may consider MedPay to be the primary which plays a role in who pays first.

Check with your auto insurance company and ask if MedPay works as primary coverage in an auto accident. If it does, you would pay your medical bills upfront and ask your MedPay carrier for reimbursement. You won't have to pay for deductibles or copays, which are typically associated with health insurance.

If your MedPay is considered secondary coverage, then your health insurer would pay for the majority of your medical bills. You could use MedPay to cover your deductibles or copays.

Medical Payments Coverage Limits

There are limits to the amount your insurer will pay for a covered loss. You can choose your limit when you buy coverage. The minimum and maximum amounts available depend on your auto insurance carrier and how much insurance you can afford. Keep in mind that any medical expenses that exceed your coverage limit are your responsibility.

Insurance companies often ask questions that have hidden legal implications or try to manipulate your answers to make it seem like you weren't hurt. They may even try to shift the blame onto you. It's important not to disclose anything about your injuries to the insurance companies until you have consulted with an attorney.

We've seen this numerous times with people who try to handle their car accident cases on their own.

When you've suffered serious injuries, it's crucial to undergo a thorough medical evaluation and receive proper treatment to prevent or minimize long-term effects. The insurance companies are counting on your fear of high medical costs to discourage you from seeking the necessary treatment so they can avoid paying. Even your own insurance company will prioritize protecting its bottom line over providing a legitimate payout.

A personal injury attorney is your best defense and offense when you've been injured through no fault of your own. Our attorneys will assist you in obtaining the medical treatment you need and safeguarding your legal rights. Best of all, we work on a contingency fee basis. This means that you won't pay any attorney fees or expenses unless we win your case.

Stanley and Associates are here to help and guide you throughout the entire process. We fight for the policy limits for all our clients. Contact us at 844-227-9739 to schedule your free consultation today!

Accidents happen, and one of the most common mishaps is slipping and falling. Whether it occurs on a wet floor, icy pavement, or an uneven surface, a slip-and-fall incident can be both embarrassing and painful. However, it's important to know how to handle such situations to ensure your safety and protect your rights. Let's review the necessary steps to take if you find yourself in this unfortunate situation.

1. Assess Your Injuries

The first thing you should do after slipping and falling is to assess your injuries. Take a moment to check if you are hurt and determine the severity of any pain or discomfort. If you are seriously injured or experiencing intense pain, it is crucial to seek immediate medical attention. Call for help or ask someone nearby to assist you.

2. Stay Calm and Gather Information

Remaining calm is essential in any accident scenario. Take a deep breath and try to compose yourself. Once you feel ready, gather as much information as possible about the incident. This includes noting the exact location, time, and date of the fall. If there were any witnesses present, ask for their contact information. Their statements may prove valuable later on if you need to file a claim or report the incident.

3. Report the Incident

If you slipped and fell on someone else's property, report the incident to the property owner, manager, or supervisor immediately. Provide them with a detailed account of what happened and request that they document the incident in writing. Be sure to obtain a copy of this report for your records. Reporting the incident promptly helps establish a clear timeline and ensures that the responsible party is aware of the situation.

4. Document the Scene

If possible, take photos or videos of the area where you slipped and fell. Visual evidence can be crucial in supporting your case later on, especially if there were hazardous conditions that contributed to the accident. Capture any visible defects, spills, or other factors that may have caused your fall. Additionally, make a note of any warning signs or lack thereof in the vicinity.

5. Seek Legal Advice

Depending on the severity of your injuries and the circumstances surrounding the incident, you may want to consult with a personal injury attorney. They can provide guidance on whether you have a valid claim and help you navigate the legal process. An experienced attorney will ensure your rights are protected and assist you in seeking compensation for medical expenses, lost wages, and pain and suffering, if applicable. Call 844-227-9739 to see if your case qualifies for legal representation.

6. Follow Up on Medical Treatment

Even if your injuries seem minor at first, it is essential to follow up with medical treatment. Some injuries may not manifest immediately, and delaying medical attention could worsen your condition. Keep all medical records, bills, and receipts related to your treatment, as they will be important when pursuing a claim.

Conclusion

Slipping and falling can be a distressing experience, but knowing how to handle the situation can make a significant difference. By following these steps – assessing your injuries, staying calm, gathering information, reporting the incident, documenting the scene, seeking legal advice if necessary, and following up on medical treatment – you can protect yourself and ensure that your rights are upheld. Remember, safety should always be a priority, and taking the appropriate actions after a slip and fall incident is crucial for your well-being.

1. Seek Medical Attention

Your health and safety should always be your top priority. Even if you don't feel any immediate pain or discomfort, it's crucial to get checked out by a medical professional. Some injuries may not manifest symptoms right away, and early detection can prevent complications down the line. Additionally, having a medical record of your injuries will be essential if you decide to pursue a personal injury claim.

2. Gather Information

Collect as much information as possible about the accident. This includes the names, contact details, and insurance information of all parties involved, including the driver of the at-fault vehicle. Take photos of the accident scene, the damage to the vehicles, and any visible injuries you may have sustained. These pieces of evidence will be valuable when filing an insurance claim or seeking legal action.

3. Report the Accident

Notify the police about the accident, even if it seems minor. A police report will provide an official record of the incident, which can be useful for insurance purposes and potential legal proceedings. Cooperate fully with law enforcement and provide them with accurate and detailed information about what happened.

4. Contact Your Insurance Company

Inform your insurance company about the accident as soon as possible. Provide them with all the necessary details and follow their instructions regarding the claims process. Remember that your insurance policy may cover medical expenses and other damages, even if you were a passenger in an at-fault vehicle.

5. Consult with an Attorney

Consider consulting with a personal injury attorney who specializes in car accidents. They can provide you with expert advice on how to navigate the legal process and protect your rights. An attorney will help you understand your options, negotiate with insurance companies, and potentially file a lawsuit if necessary.

6. Document Your Expenses

Keep track of all expenses related to the accident, including medical bills, transportation costs, and any other out-of-pocket expenses. This documentation will be crucial when seeking compensation for your damages.

7. Understand Your Legal Rights

Educate yourself about your legal rights as a passenger in an at-fault vehicle. Depending on the circumstances, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other damages. Consulting with an attorney will help you fully understand your rights and options.

Conclusion

Being a passenger in an at-fault vehicle can be a challenging situation, but knowing what steps to take can make a significant difference in protecting your rights and obtaining the compensation you deserve. Remember to prioritize your health, gather evidence, report the accident, and seek professional guidance throughout the process. By following these guidelines, you can navigate this difficult situation with confidence and ensure a smoother road to recovery.

Don't let a car accident ruin your life. Call 844-CAR-WREX today to schedule a free consultation with one of our personal injury lawyers. We'll fight for your rights and help you get back on the road to recovery.