Texarkana Personal Injury Lawyer

Exploring the Ins and Outs of Personal Injuries

Being in any type of car accident can be devastating. No one ever expects it to happen to them. However, that doesn’t mean it isn’t going to. What might start off as a drive around town could leave you severely injured and struggling to recover.ins-outs-personal-injury

To help you along the way, here are a few tips to ensure you don’t get taken advantage of in your injury claim.

Know what the statute of limitations is for your particular injury.

Depending on what type of injury case you are dealing with, the amount of time you have to pursue damages is going to vary. While one type of case might have a 10-year timeframe, another might only have three.

The US has fairly strict statute of limitations, while other countries, like India or example, do not of statutes of limitations for car accident injury cases.

The key is knowing how long you have to file for compensation for your injuries to make sure you don’t end up missing out on an opportunity to pursue damages for your injuries. You don’t want to wait until the last minute to file either.

Waiting too long could make it where you don’t get all of the paperwork and necessary documentation together in time. You are better off filing your case as soon as you can to ensure you don’t lose out on money that you rightfully deserve.

This is why it is so important to have a legal professional working on your side. They can go over the statute of limitations with you to ensure you end up with the settlement you desire.

Make sure you follow what the doctor recommends.

If your doctor tells you that you need to go to physical therapy three times per week for the next three months, you need to make sure you are there. By cancelling appointments or showing up late, it makes it look like you don’t care about your recovery. It also makes it look like your injuries aren’t that bad to begin with. Make sure you arrive on time for each and every appointment your doctor schedules for you.

Follow-up appointments are crucial to the recovery process. Missing an appointment could end up causing you to delay your recovery. If something changed from the last appointment, you need to know about it as soon as possible. Putting off an appointment for a week or two could cause the issue to become worse. You need to go in and get checked up and follow through with everything your doctor says. Don’t assume that you are fine and you can do it on your own. Recovering from an accident takes time and cooperation on your part.

Avoid talking to anyone about your accident.

After being in an accident, it is only human nature to want to talk about it with anyone you come in contact with. However, that could be one of the worst mistakes you make. You never know who might be standing around and listening to your conversation. Even though you think you might be talking with your friend, someone who works with the insurance company could be right around the corner listening to what you have to say.

If someone overhears you say that you are feeling better or your injuries weren’t that bad to begin with, they could end up taking that information back to the insurance company. Once the insurance company gets that information, your whole case could end up being thrown out. This is the last thing you want. The best thing you can do is refrain from talking about specifics of the accident with anyone except your attorney. This way you know you are protected and nothing can be misconstrued. Once the case is over and you have your settlement, then things are different. Until then, silence is the key to success.

Don’t give a statement when on pain medication.

Insurance companies will often try to get you to give them a statement about the accident. The last thing you want to do is to give a statement to anyone, especially when you are still on pain medication. Pain medication can alter your way of thinking and cause you to struggle to remember what happened or what you are even saying to the insurance company.

Wait until your attorney is with you to speak to anyone from the insurance company. This way the attorney can tell you what to answer and what you shouldn’t answer. If your attorney feels that it is in your best interest not to answer a question, they will let you know. Their goal is to protect your best interest at all times. If the insurance company calls you and starts asking you questions, simply tell them that you aren’t willing to speak without your attorney being present.

Don’t forget to claim everything you can in your case.

Personal injury cases can be confusing and overwhelming. Many people end up neglecting to claim a number of different things in their case. Oftentimes, this is because they don’t realize that they are eligible to claim things like prescription costs, mileage to and from the pharmacy and doctor office, special equipment purchases to aid in your recovery and much more. All of these things can easily be added to your injury case and increase the amount of your payout. There is no reason why you shouldn’t be compensated for all of the extras stemming from your personal injury.

You want to keep detailed records of anything and everything you have to spend during your recovery. All of these receipts will come in handy when it comes time to go after the insurance company. Keep logs of what days your appointments were and how many miles it was to and from the appointment. Even the smallest of things can make a big difference in how much money you are going to receive. Your attorney can go through and determine what you can claim and what you can’t. You are better off giving them too much information than you are shorting yourself in the end.

Regardless of what your situation might be, you deserve to be compensated for your injuries. Spend some time going over everything with a licensed attorney to help you understand what it is that you are dealing with and what you need to do in your case. They will walk you through everything and make sure you don’t end up getting shorted on the amount of money you receive. Even though it can be a long and tiring process, it will all be worth it in the end when you receive your settlement.

Most Common Reasons For Medical Malpractice Lawsuits

There are 3 primary categories that most medical malpractice lawsuits fall under. Statistically, most doctors will be sued at some point in their professional careMedical Malpractice Lawsuitser. A survey was taken and results indicated that 80% of respondents in the age 60 and above age bracket had been party in a medical malpractice suit at least once.

Failure To Diagnose

Rated as the top category of medical malpractice lawsuits is the failure to properly diagnose — either altogether or within an acceptable time frame. Thirty one percent of respondents cited this as the cause of a medical malpractice suit.

Patient Suffered Abnormal Injury

The next rated most common claim in lawsuits against medical professionals occurs when patients claim that their treatment, or lack thereof, resulted in additional or abnormal injury. Tied with the previous cause at 31%, the procurement of greater discomfort has led patients to take legal action.

Failure To Treat

Twelve percent of malpractice suits result from a patient’s complaint of an inadequate treatment plan. Of the medical practitioners polled, an accusation of ineffective treatment of a condition was cited.

4,000 doctors were polled, 26% of causes of malpractice suits were credited to other categories such as death, surgical mistakes, cancer misdiagnosis, and birth defects.

Nursing Home Abuse Now on Social Media

 

Nursing Home Abuse on Social MediaYou can find just about anything on social media. Local events, the best restaurants, DIY instructions, helpful hints and tricks, and of course cat videos, are all a few finger taps away. Sadly, nursing home abuse can now also be found on social media.

An investigation by ProPublica found 35 cases of nursing home employees sharing picture of residents in compromising positions on social media. This investigation started in 2012.

At least 16 of the 35 cases happened through the social media platform Snapchat, which allows users to send photos and videos to friends that are only able to be viewed temporarily. After the intended viewer looks at the photo or video, it will be erased.

These photos and videos captured nursing home residents while they were partially or fully nude, and typically while they were unaware they were being photographed. This is a massive breach of resident’s privacy, safety, and trust.

Not only this evidence of possible sexual abuse, it also might violate the Health Insurance Portability and Accountability Act (HIPPA). The homes accused in the investigation are facing tough scrutiny from Congressmen and the public.

Most people think sexual abuse in nursing homes is rare, but studies show this kind of abuse isn’t as rare as most people think. The saddest part is that most of these cases go unreported.

The victims of abuse are typically reluctant to report abuse, but there are signs of nursing home abuse that loved ones can spot if they know what to look for. If one of your loved ones has been abused in a nursing home contact the Law Office of Flint & Soyars for a free consultation.

1% of Doctors = 32% of Malpractice Claims

 

Some unsettling news was released by The New England Journal of Medicine. A recent study found that a mere 1% of doctors account for 32% of all medical malpractice claims. The legal and medical community were both surprised by this disproportional distribution of claims.1% of doctors make up 32% of malpractice

There were 66,426 claims and 54,099 doctors studied between 2005 and 2014. The goal of the study to see how claims are distributed and if there are any ways to identify a doctor who is claim-prone. As it turns out, certain doctors do seem to be claim-prone. The study found:

  • 84% of doctors who paid claims only paid one claim during the years studied. This portion made up about 68% of the total claims paid.
  • 16% paid at least two claims, which is 32% of all the claims
  • The remaining 4% paid a minimum of three claims, 12% of all claims.

The Journal concluded that, “Over a recent 10-year period, a small number of physicians with distinctive characteristics accounted for a disproportionately large number of paid malpractice claims.”

This study shows some good news and some terribly frightening news. The good news is that you have a really good chance of getting a doctor who wouldn’t be considered claim-prone. The scary news is that if you do get a claim-prone doctor, the likelihood of having to file a medical malpractice claim is high.

The lesson is incredibly clear, avoid doctors with multiple claims. While this hopefully isn’t a new concept, it’s very important. Doing your homework on a doctor isn’t very hard, checking local court records will show if any legal action has been taken against a doctor or you can use DocInfo to see if any disciplinary action has ever been enforced. Healthgrades will show other helpful information like patient satisfaction.

5 Things to do After a Truck Accident

 

Big trucks make big accidents, which is why being involved in a truck accident is always a scary time. The panic, the fear, the confusion, and the pain all make it hard to know what to do and where to go for help. Once the dust has settled, here’s five things to do after a truck accident.

 

  1. Get to safety– After the accident the first thing you need to do is get to safety. This goes for you and everyone else. Make sure you’re not in a position where you can get hit by other cars or receive further injury.
  2. Call the Police– Once everyone is safe, contact the police so they can come to the scene and facilitate the process. You’ll want to make sure they fill out and file an official police report. If you end up filing a personal injury suite, this report can make or break your case.
  3. Go to the doctor– Even if you don’t think you’re not injured, it’s a good idea to have a doctor examine you. Some injuries take a few days to feel, but a doctor might be able to find and document some hidden injuries. This will also strengthen your case.
  4. File the claim– You’ll want to file a claim with your insurance company to help with medical bills and car repairs.
  5. Lawyer up– If things get hairy, as they often do with truck accidents, a lawyer will be your best friend. Truck accidents are different from car accidents, so you need someone who has truck accident experience. Different parties can be held liable in a truck accident, it could be the driver, the trucking company or the insurance company.  

Emotional Driving is Deadly Driving

Road rage is something we’ve all experienced once or twice. Whether we’re on the receiving end or giving end, road rage is a common experience. The good people at the Virginia Tech Transportation decided to see how road rage and other emotions affect our driving and the likelihood of a crash.Emotional Driving Is Deadly Driving

 

These researchers looked at crash data and tried to find a trend between emotional driving and crashes. What they found was quite surprising. When you get behind the wheel while experiencing emotions like, sadness, anger, frustration, you’re 10 times more likely to get in an accident.

 

The biggest surprise happened when the researchers compared these numbers to the data for driving while distracted (texting and driving, talking to passengers, or messing with the radio). Drivers who are distracted are only twice as likely to get in an accident. These results make it very clear that emotional driving is far more dangerous than distracted driving.

 

“We have known for years that driver-related factors exist in a high percentage of crashes, but this is the first time we have been able to definitively determine — using high-severity, crash-only events that total more than 900–the extent to which such factors do contribute to crashes,” said Tom Dingus, lead author of the study and director of the Virginia Tech Transportation Institute.

 

The study also found that the biggest influencing factor in crashes isn’t distractions or emotion. Speeding increases crashes by 13 times. Another interesting finding was that drivers will drive while distracted 50% of the times they drive.
This study provides great information for drivers all across the country. Hopefully drivers can take necessary steps to eliminate these factors when they sit in the driver’s seat.  If you’ve been injured in a car crash, call the lawyers at The Law Offices of Flint & Soyars for a free consultation.

1 in 5 Cars Have Open Recalls

 

For whatever reason, recalls on car parts are becoming more and more common. The Volkswagen emissions recall was in the spotlight for a while, and affected thousands of drivers. When the powers that be decide a recall is necessary, the car manufacturer is obligated to notify the owner of the car.
1-in-5-cars-have-open-recalls

 

However, the owner of the car isn’t obligated to take the car in to get it fixed. This can be problematic when that car is sold or when it’s blazing down the highway at 75 miles an hour.

 

Carfax estimates that 1 in 5 cars in America are under recall and have not been fixed yet.

 

without any warning. These recalls can be for just about anything, brakes, airbags, fuel lines and electrical problems.

 

When a driver sells a car to a used car dealer, that dealer is not required to fix the recalls, or inform potential buyer of any open recalls. This puts all the responsibility on the drivers.

 

There are a few websites and resources that car buyers can use to look for open recalls before they buy a used car. Safercar is a easy and free way to check for recalls on most major car manufacturers.
Recalls that are unfixed can cause serious injuries and even deaths. Do yourself and other drivers a favor by checking your car for recalls periodically. All you need is two minutes, your car’s VIN number, and an internet connection.

Top 5 Causes of Car Accidents

Car accidents happen every day for all sorts of reasons. Some accidents only cause minor damage and others are more serious.

 

  1. Distracted driving– This reason wasn’t always this high on the list, but with the rise of cellphones and texting, distracted driving now accounts for 25-40% of accidents. It’s not just cell phones, talking to passengers, changing the radio, doing makeup in the mirror and other distractions all contribute to this.Top 5 Causes of Car Accidents

 

  1. Drunk driving– Studies show that roughly 32% of accidents result from drunk driving. This is also one of the leading causes of car accident fatalities.

 

  1. Speeding– Like drunk driving, this is also a leading cause of fatal car accidents. Obviously, the faster the cars are going, the more serious the damage and injury will most likely be. When speeding is involved, the accident is rarely considered a minor accident.

 

  1. Weather– One cause of accidents that isn’t directly the driver’s responsibility is bad weather. Rain, ice, fog, winds, snow and other inclement weather all increase the chances for an accident.

 

  1. Car failure– This doesn’t cause as many accidents as the other reasons, but car failure can cause accidents if the conditions are right. Car failure can be a tire blow out, breaks not working, or batteries dieing.

If you’ve been injured in a car accident for any of these five reasons or any other reason, call the Law Offices of Flint & Soyars.

Is Damage to a Prosthetic Limb Personal Injury?

 

Prosthetic limbs have come a long way in the past few years. Today these limbs incorporate some of the most advanced technology in the world. From legs that react to brain waves to arms that are fused with bone marrow, prosthetics are slowly becoming less robotic and more human.Prosthetic Limb Personal Injury

 

This transition is great for medicine and amputees, but it does pose some interesting questions about personal injury law. Since prosthetic limbs aren’t technically a part of the human body, would personal injury laws apply when a prosthetic limb is damaged in a car wreck or other accident. If not, would it be considered property damage?

 

There have been a few cases in which the courts have been forced to answer this question and so far they have typically erred on the side of property damage. The reasoning behind these decisions have followed a logic that believes a prosthetic limb is something that is owned by the user, not something that is a part of the user’s body.

 

However, several legal and medical experts have started to campaign to change the court’s thinking about this issue.

 

This charge started as a result of technology and medicine advancing further, and the line between human and machine blurring. Experts are arguing that not only are scientific improvements forcing the change, but amputees are also developing emotional attachments to their limbs. Many amputees consider their prosthetic limb to be a part of their being and their identity.
It’s unclear how the courts will decide on this issue. Perhaps as medicine continues to push the limits of technology the day will come when prosthetics are so human we can’t tell the difference.

Top 5 Signs of Nursing Home Abuse

Nursing home abuse typically doesn’t get a lot of press, and most people are unaware of how important this issue is. If you have a loved one in a nursing home, there are several signs of nursing home abuse you need to be aware of. More than half a million senior citizens are abused in nursing homes every year.

Nursing home abuse is usually classified with one of six categories. Regardless of the category, here the top five signs of nursing home abuse.

  1. Fear– Often times the victim will be visibly fearful and unwilling to talk with you if their abuser is present. Be on the lookout for any staff members that make your loved one feel uncomfortable. The victim might not say anything about the abuse, so you need to be vigilant. 
  2. Hygiene– One of the telltale signs of neglect is poor hygiene. In this case, the victim might smell like feces or body odor because they are not getting the care they need.
  3. Behavior– Change in behavior can be a sign of old age, but it can also be a sign of abuse. Mood swings, depression, and anxiety can sometimes result from abuse. It’s best to let a doctor, who doesn’t work for the nursing home, determine if the change in behavior is old age or abuse.
  4. Malnutrition– Unexplained weight loss, dehydration, cracked lips, and dry mouth are all possible symptoms of malnutrition. This can be a serious problem because malnutrition can lead to a long list of other illnesses and conditions.
  5. Bedsores– Perhaps the most noticeable sign of abuse, bedsores happen when the victim is confined to their bed and the caretakers are not taking proper precautions.

These five signs are not the only signs of nursing home abuse, so if you think you’re loved one is being abused or neglected call the Law Offices of Flint & Soyars for a free consultation today.