Texarkana Personal Injury Lawyer

Archive for Personal Injury

Top Ranked Law Firm in Personal Injury Texas, Arkansas, and Louisiana

It only took a second, and your life changed. What seemed to start out as a normal day has now ended with you in the hospital? Sadly, the injury that you suffered will cause you a lot of physical, emotional, and financial pain. Now what do you do?
This is a scenario that the attorneys at Flint & Soyars, PC have heard many times. A person is injured unexpectedly, and at no fault of their own, and now their life is in chaos. It is for this reason that Flint & Soyars has dedicated our practice helping those who have been injured as the result of negligence by another person or entity.Flint & Soyars has been successfully representing clients in Texas, Arkansas, and Louisiana for over 30 years. We believe in helping everyone who has been injured, and we often take, and win, cases that other attorneys decline. It is our belief that everyone has the right to be compensated for their losses when negligence caused an injury.

Overview Of Personal Injuries

Personal injuries are any type of injury that is caused by the negligent act of another person or entity. These types of injuries can range from mild to severe. The most common personal injuries include:

• Slip and Fall Injuries
• Car and Truck Accidents
• On The Job Injuries
• Animal Attack
• Dangerous Medicines and Medical Devices
• Medical Malpractice
• Nursing Home Abuse

Of course, there are not the only places that an injury can occur. The types of injuries suffered will vary based on the type of accident.

What Is A Catastrophic Injury?

Catastrophic injuries are the most serious type of injury. These are life-changing injuries which may include:

• Loss of Limb(s)
• Paralysis
• Loss of Vision, Hearing or Speech
• Traumatic Brain Injuries
• Spinal Damage
• Disfigurement

These types of injuries will require the victim to undergo lifelong medical treatment, will change their potential to earn a living, and will most likely cause significant emotional trauma to the victim and their loved ones.

Catastrophic injuries can happen in any type of situation. There are no set standards on how this type of injury has to occur. The determining factor is the severity of the injury.

Wrongful Death

A wrongful death occurs when a person dies from the injuries that they received as the result of an accident. Wrongful deaths do not have to happen instantly at the accident. However, when a wrongful death does occur at a later time, it must be shown that the death was a direct result of the accident and injuries.

In most cases, the surviving spouse and dependent children are the only people that can qualify to file a wrongful death claim. Some instances will allow additional family members to seek a wrongful death claim if the deceased provided over 50 percent of their income and support. When the accident involves a minor, the parents or legal guardians may have the right to file a wrongful death suit.

How We Can Help

Things may seem hopeless after you have been involved in an accident. The physical injury is causing you to miss work, you have what seems like endless doctor visits, and the bills associated with the accident are piling up on the coffee table. What makes matters even worse, no one from the insurance company seems to understand the seriousness or extent of your injury.

The insurance company is continually declining medical treatment options and sending reps to your home to try and negotiate a settlement. You keep telling them that you are not interested in a settlement because you are not even done with your treatments. The vicious circle continues and the emotional strain from everything surrounding the accident is taking its toll on you and your family.

Enter Flint & Soyars, PC

Attorney Bruce Flint and his partners understand how accidents change lives. They understand the suffering of their clients and the frustration they feel when dealing with the insurers. They know that their clients deserve compassionate and aggressive representation, regardless of the size or difficulty of their case.

When we represent a client we will:

• Listen Carefully. It is very important for an attorney to take the time to listen to everything about the accident and the injury. The attorney needs to be able to connect with their client so that they can effectively represent their case. Our attorneys will always take the time to learn and understand the events that caused your injury and how this injury has impacted your life.
• Be Understanding. We know that injuries received in an accident can often cause problems for our client that makes them feel embarrassed or uncomfortable. We will give our clients the compassion they deserve when dealing with these delicate subject matters.
• Give Compassion. When a loved one loses their life in an accident, the family members are left behind to deal with the aftermath and the emotional pain. We will work with you to help you get through this legal process as gently as possible. We know that you have suffered tremendously and do not want to inflict additional pain.
• Use Our Resources. We have built many professional relationships in the community and we will access all of our resources to represent your case. This may include calling in accident reconstruction specialists, medical experts, expert witnesses, or investigators.
• Negotiate Aggressively. A large part of working with an insurance company is having the ability to negotiate with the insurance adjustor. Our attorneys have specific skill sets that enable them to work with adjusters to the advantage of their clients.
• Ensure Fairness. We will make sure that the insurance company treats you with fairness and the respect you deserve. Our attorneys will make sure that the insurer honors all of the state laws that apply to your case as well as all of the terms of the insurance policy that covers the accident. We will also make sure that any settlement that is offered is complete and fair and covers your actual losses, not just those perceived by the insurer.

Never Any Up Front Legal Fees

There are many people who have been injured in an accident that never seek compensation for their losses. These victims believe that they cannot afford legal representation. In an effort to make sure that everyone has quality legal representation, regardless of their financial situation, our firm works on a contingency basis.

A contingency basis means that we do not require any up-front legal fees for our services. We only charge for our services once your case has been finalized. Our “No Fee Unless We Win” method of charging our customers guarantees that everyone has equal legal representation and that our attorneys will always fight hard to win.

If you have been injured in an accident that was the result of another person’s negligence, you are encouraged to contact our office for a free case evaluation. There are no cases too big or too small for us to handle. We will gladly review your case and provide you with the information you need to determine if you can qualify for compensation for your losses.

How to Solve Insurance Disputes in Texas, Arkansas, and Louisiana

Flint & Soyars Law Firm is a principal Law Firm licensed to operate in Texas, Arkansas, and Louisiana. The firm provides legal services on personal injury and all kinds of insurance disputes. The firm consists of a highly experienced team of lawyers with exceptional skills on navigating any legal issue in the Ark-La-Tex region.
The firm has an enviable reputation for handling complex legal matters. The company’s attorneys are known to go an extra mile on behalf of their clients. This includes hiring investigators and other law experts from other companies to ensure that clients get the best possible outcome.

Why you need an attorney to help you file a successful claim

After filing a claim, an insurance company may give you a feedback that you had not anticipated. In such a case, the insurance claim may end up as a legal dispute between you, the policyholder, and the insurance company.

The differences often result from insurance companies being profit-making enterprises that sometimes seek to hold some claims to avoid losses. Insurance companies often train their adjusters and agents to offer little claim settlements to maximize their profits. In some instances, they even fail to uphold fairness while apprehending settlements.

For this reason, clients are forced to look for legal assistance to settle the resulting disputes. Some of the legal services that require an experienced attorney’s intervention include uninsured or underinsured motorist claims, personal injury protection claims, life insurance claims, and property and casualty claims. Without the help of a lawyer, insurance-related disputes can cause financial and emotional stress to claimants.

Qualities of a Good Legal Advisor on Insurance Disputes

When choosing an agent to file a claim, it is recommended that you choose lawyers who have successfully settled numerous insurance-related disputes. The attorneys must also possess reliable experience on handling disputes related to life insurance claims, property damage claims, disability benefits, health care claims, undervalued claims, and bad faith insurance practice. An experienced attorney is able to establish all insurance liabilities.

Moreover, attorneys should have a passion for advocating for their clients’ rights. They should ensure that claimants get a fair and meaningful insurance compensation. Their services must also be affordable and standard.

The most common insurance disputes are;
• Little compensation
• Policy cancellations
• Healthcare denials
• Poor interpretation of policy plans
• Deceptive advertisements
• Insurance fraud

How to File a Successful Insurance Claim

To process your claim, legal officers will require you to provide them with any information necessary for making a successful and fair settlement. The information requested includes;
• Contact address of the client
• Name of the insurance company
• Names of agents and adjusters
• The customer’s policy number
• Customers claim number and date of loss
• Copy of insurance card
• Statement of the customer’s issue
• The clients desire on the problem
• Supporting documents such as invoices and advertising materials.

Our attorneys will then use the information as evidence to fight for the rights of their clients. Upon receiving a customer’s request, the attorneys contact the insurance company and ask for appropriate information regarding the claim of the customer.

The attorneys evaluate if the insurance company settled a client’s issue as required using their policy regulations concerning coverage. The lawyers then decide if the insurance company was in line with the specific state’s regulations before taking a legal action.

Besides filing claims, Flint’s lawyers will also assist their clients to legally determining who was at fault when an accident or loss occurred. They also give legal advice and medical judgments that are necessary for fair compensation.

Insurance-related Disputes on Personal Injury

Personal injuries can induce suffering to clients and their family members. Customers will face a burden in meeting their medical bills due to the time spent off duty. If personal injuries arise due to negligence, clients have a right to be compensated for all losses and suffering. At Flint & Soyars, personal injury lawyers will follow up on the case from the onset till a positive outcome is achieved.

While most legal companies are sympathetic towards a client’s interruption of their normal life due to an accident, customers still face many problems while recovering, filing insurance claims and negotiating for fair compensation from insurance companies. Subsequently, our attorneys are dedicated to fighting for a client’s rightful compensation to help them to recover from injuries. The lawyers will investigate the accident, come up with the type of medical care and financial support required, and fight for a settlement that will take care of their clients’ needs.

Our firm’s major areas of specialization in personal injury include settling disputes related to car accidents, truck accidents, train accidents, wrongful death, disability resulting from accidents, and premises liability.

Car accidents

In cases of personal injury arising from car crashes, car crash attorneys with reliable experience on all insurance liabilities concerning car accident cases will take over the case. The lawyers advocate for the rights of persons injured in car accidents and families who lose their loved ones in fatal auto accidents.

The attorneys have a wealth of experience in identifying insurance liabilities in car crashes that other general practice attorneys may not identify. For instance, most general practice attorneys will see liabilities from public car insurance policies but skilled lawyers are able to determine additional obligations such as uninsured and underinsured motorist’s coverage.

Drunken Driving Accidents

Lawyers should be aggressive when dealing with cases involving drunk drivers. Often, drunk driving cases result in higher compensation compared to other cases of negligence. If a drunk driver is held guilty before a court of justice, their insurance policies should be held liable to compensate for medical expenses of those injured, lost wages, pain and suffering among other losses.

Our lawyers will look for tangible evidence of drunk driving with supporting evidence from the driver’s traffic violations records. If the attorneys establish that the driver had a history of negligence, they will utilize the evidence to help clients get maximum compensation.

Truck Accidents

In cases where persons or a member of their family has died in an accident involving heavy or light trucks, lawyers who are specialized in trucking company liabilities will take charge of the case. They will move to establish obligations that would lead to a meaningful compensation for the client.

Train Accidents

In most accidents involving a train and a car at the railroad crossing, insurance providers accuse car drivers of not obeying traffic rules. General attorneys often shy away from such cases because due to the difficulties involved in getting evidence to prove liability.

Despite the difficulties, experienced lawyers have dealt with such cases and succeeded to identify negligence in part of the train driver or the railway company. Our lawyers often have to generate evidence from the train’s data recorder such as speed and time when the whistle was blown.

Permanent Disabilities Resulting From Personal Injury

Traumatic brain and spinal cord injury from accidents can lead to disabilities. For this reason, the affected parties are forced to live a life of dependency. Our lawyers will strive to ensure that clients get fair insurance compensation for lost wages, pain and suffering, and costs for the current and future medical expenses that they will incur.

Wrongful Death
Our attorneys help families that have lost loved ones to auto accidents, trucking accidents, motorcycle accidents, and other types of accidents. They also provide legal advice before signing any insurance form concerning wrongful death. On agreeing to represent the family, the attorneys move to establish how the death occurred. They hire investigators who help in exposing the truth.

Nursing home abuse

Some insurance companies place little value on death or injury of an elderly person in a nursing home. They support their low compensations for such acts by the fact that the elderly are economically unproductive.

Our lawyers treat all cases of nursing negligence with the weight they deserve. The elderly may not have a long lifespan but it does not mean they should suffer wrongful deaths. Our lawyers will help our clients to hold nursing facilities accountable for negligence where wrongful deaths occur within them.

Some of the cases of nursing negligence that our attorneys have handled include bed sores that may lead to infections or injuries, deaths caused by patient restraint, falls and injuries caused by nursing negligence, and improper medication.

Do not allow an insurance company to take advantage of your situation. If you feel that you have been denied a fair settlement or your claim has been undervalued, contact Flint & Soyars law firm for legal advice. Our lawyers will fight to ensure that you receive the best outcome possible. Our attorneys are passionately dedicated to protecting the rights of policyholders’ throughout Texas, Arkansas, and Louisiana.

Consulting our legal advisors is free. In case a customer wants a home or hospital visit, our lawyers are always ready to visit upon request. We also give clients enough time to decide whether they will work with us. Our success at achieving the best outcomes for our clients prove that we are committed to setting the highest standards in the industry.

Spinal Cord Injury: Causes and Symptoms

Although Flint & Soyars P.C. routinely helps clients that have suffered from spinal cord injuries, we’ve found that a large number of people are unaware of the symptoms that are normally associated with spinal cord injury. Given the variety of causes that can result in a brain & spinal cord injury, we felt it was important to go over both the causes and symptoms of spinal cord injuries.
What is a Spinal Cord Injury?As the term implies, a spinal cord injury is the result of damage applied directly to the spinal cord. Unfortunately, the spinal cord has a far greater impact on the motor function of the body than virtually any other component. This means that a spinal cord injury can have lasting effects on a person’s life.

The reason that the spinal cord is so much more valuable than other parts of the body largely has to do with the way in which it is constructed. The spinal cord is largely a collection of various nerves that the spine is designed to protect. Since the spine contains many nerves and is directly connected to the brain, it is largely responsible for the transmission of these nerves back and forth between the brain and other parts of the body.

When the spinal cord then suffers from an injury, it effectively prevents the body from properly sending signals back and forth from the brain to anywhere else. For the person, this lack of signals translates into an inability for them to properly move their muscles. The actual severity of this paralysis largely depends on where the injury took place. If the spinal cord was damaged in a lower section of the back, then it will translate into an inability to move the legs. If a different part of the back is hurt, closer to the neck and brain, then it can unfortunately result in the person losing control of their entire body below the neck.

What Are The Usual Causes of Spinal Cord Injuries?

Although a spinal cord injury can occur from virtually anything, there are a few common events where a spinal injury is far more likely to occur. These types of situations include a violent attack, a swimming pool accident, a car accident, a severe impact from a fall from a great height, and an accident involving electricity. Although most people recognize these types of accidents as potentially doing damage to a spinal cord, not many people consider how dangerous electricity can be. Still, accidents can occur from the least likely of sources, which just emphasizes how prepared people should be at all times. No one wants to dwell on the possibility of injuries from unforeseen events, but that doesn’t mean you should willingly ignore any opportunity to prepare yourself and your family for any possibility.

What Are The Symptoms Associated With Spinal Cord Injuries

As previously mentioned, spinal cord injuries can often result in a person losing all motor function of their body below the source of the injury. This includes an inability to walk, control their bowels and bladder, move their arms, or control the movement of their head. In addition to these common symptoms, there are also plenty of lesser symptoms that can develop as a direct result of a person being incapable of moving their body properly. This can translate into an increased frequency of headaches, pain in the back of the neck beyond the injury, and even unconsciousness. If a person is exhibiting signs of an injury such as shock or unconsciousness, then it’s important to get them medical attention as soon as possible.

Although most people can recognize the effects of a spinal cord injury after the fact, that doesn’t mean people always get the medical attention they need right away. This is why it’s important to seek medical attention immediately following a car accident or other unfortunate event. Even if you think you’re fine immediately after the fact, when your adrenaline is still pumping, you may arrive at the doctor only to find out that your body has been dealing with significant damage that you were simply unaware of. In order to minimize the amount of permanent damage to your body, it’s always a good idea to seek out a doctor and have them give a professional diagnosis, as well as any recommended treatments.

What Should I Do With A Spinal Cord Injury

If an accident has just occurred, and you believe that you or someone you know might be suffering from a spinal cord injury, then your next step should be to call 911 immediately. As mentioned before, medical attention is heavily time-dependent. The sooner you can get help to yourself or to someone else, the better the chances of them emerging relatively unscathed.

While waiting for medical teams to arrive, don’t move the person you suspect of having a spinal cord injury. Yes, this also includes attempting to remove any helmet or alter the position of their head in anyway. Let the experienced medical personnel handle any re-positioning that might need to occur. Instead of manipulating the victim after the accident, you should instead devote your time to recording everything that has happened. If it was an accident where liability needs to be determined, you should contact a personal injury lawyer and start having a discussion about possible legal actions.

After speaking to a lawyer, your next step will be to start recording everything that has taken place. Regardless of whether you think the information will be relevant, it’s always a good idea to note down anything and everything that occurred after the accident. This will not only help you in the future, it will also give your lawyer plenty of information to build your case around. By being studious after an accident, you can also greatly improve your chances of receiving a larger payout from your insurance company. If you or someone you know is dealing with a spinal cord injury, then every bit of financial help will be welcomed.

In addition to stopping yourself from moving the victim, make sure you tell them to stay still as well. Even if they insist that they’re not in as bad shape as it seems, convince them to stay still. Moving after a serious injury can make an injury far more severe than it already is. Of course, there is one exception to this rule. If someone is no longer breathing, then it is entirely appropriate to move their body in the course of CPR. In this case though, it’s important not to move the head all the way back. Instead, simply tilt their jaw forward to help gain access to their breathing passageway.

After trained medical personnel have arrived on the scene, they will take the victim back to the hospital, at which point doctors can then perform more rigorous tests to determine the extent of the damage.

How Can I Prevent a Spinal Cord Injury?

Although it’s been said for many years now, one of the most important things you can do to protect your spine is to wear a seat belt in the car. Although many states have laws related to riding in a car with a seat belt, there are still far too many cases of people ignoring the law and putting their lives in serious jeopardy. Don’t be one of those people.

Aside from car accidents, the other most popular causes of spinal cord injuries are typically sporting events and swimming pools. In the case of the former, wearing the proper protective gear at all times is highly recommended. Sports are a great way to relieve stress, but that doesn’t mean you should get so carefree that you put your body at an unnecessary risk. In regards to swimming pools, the simplest advice is to never go diving into a pool that’s less than at least six feet deep. If you want to be especially safe, don’t dive into any pool that you haven’t at least examined first. Of course, this applies even more so to lakes and ponds, where hidden rocks can cause serious damage to an unaware driver.

Who to Contact After a Spinal Cord Injury

If you or someone you know has suffered from a brain & spinal cord injury, whether it was from a workplace accident, a car accident, or a different issue altogether, then please do not hesitate to contact Flint & Soyars P.C. We have many years of experience in helping victims get the money they deserve, whether it be from a lawsuit, an insurance claim, or any other legal arbitration they require. We’ll fight for you through each phase of the claims process and make sure that you’re properly taken care of in the end.

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Legal Options After a Texting and Driving Car Accident

A National Crisis

What do a twenty-one year old construction worker headed to a temporary job, a twelve year old boy on an errand with his mother, and a thirty-five year old off-duty police officer have in common? They are part of a tragic group of national statistics that represents fatalities of distracted driving. In all three cases, the operator of the other vehicle involved in the accident was operating a mobile device at the time of the accident. While the real-life accidents described above happened across the country, Texas is certainly no stranger to similar tragedies. Records going back to 2011 show that on average, thousands of accidents occur annually in Texas that are directly attributable to the driver at fault having been distracted by using a mobile device.

A Crisis That Isn’t Improving

But, you may be thinking, in addition to hearing a lot about this horrible kind of accident, I’m also hearing a lot about laws that have been or that are about to be passed, to stop this kind of behavior. Surely, these horrible statistics are dropping? However, a study conducted by the Texas Department of Transportation (TXDOT), showed that in one year alone (2011), more than three thousand people were in vehicle accidents as a direct result of distracted driving, either as passengers in a vehicle being driven by a distracted driver, or as a result of coming into contact with one. And while some of these accidents were caused by “traditional” methods like “light in the eyes” or “kids fighting in the backseat”, a disturbing number of them were caused by a driver having a conversation or reading and writing (texting) with a mobile device prior to the accident. A few years after the release of the TXDOT study, a National Highway and Transportation Safety Administration study indicated that highway fatalities during 2014-2015 were up eight percent nationally overall. While other factors like low gas prices and nice weather may have played a role here, many safety and law enforcement experts pointed fingers at texting while driving.

A Crisis That’s Deadlier Than Drunken Driving

If you’re thinking that reading and writing while driving, an activity that requires the vehicle operator to be looking directly at the road at all times while operating the vehicle is a bad idea, you’d certainly get no complaint from the experts. You are six times more likely to get into a car accident while texting and driving than you are while operating a motor vehicle intoxicated. Driving a car is an activity that requires extreme mental concentration. Research has shown that while texting, drivers are taking far longer to read and send messages than they think they are, and during that time, their eyes are not where they should be. So since drivers are bad at both multi-tasking and unfortunately, texting self-control, the law will protect us from those texting while driving, correct?

A Crisis That’s Being Slow To Be Resolved

Yes and no. Despite pressure from both parties of an otherwise partisan Congress, no national laws currently exist to address this type of distracted driving. A number of states have drafted such restrictions, many of them amended in recent years to address growing problems with texting while driving. But distracted driving laws vary greatly state by state. Texas has no state-wide cell-phone driving law, unless one is a novice driver. However, communities can establish their own regulations, and more than sixty jurisdictions across the state have approved ordinances forbidding the use of hand-held devices while driving, texting while driving, or using mobile devices in a school zone for drivers of all ages and classes. Fines range from two to five hundred dollars, and depend on the community the infraction occurs in. Some Texas communities continue to have no driving and device prohibitions at all.

Defending Yourself Against Device-Distracted Drivers

Since Texas legislators seem to be reluctant to issue regulations concerning texting and driving, it’s not surprising that busy law enforcement officers in some communities don’t feel that apprehending texting scofflaws is a priority. In any case, it’s difficult to prove that a driver was texting, looking at GPS, playing Candy Crush, or watching a movie instead of the road. This means drivers have to protect themselves against those who text and otherwise while driving. This can be accomplished by driving defensively, and keeping a keen eye peeled for drivers who swerve unexpectedly into other lanes, drive well below posted speed limits, ignore stop and other warning signs, and are oblivious to changing traffic signals. They can abstain from texting themselves while driving, refuse to be the passengers of those who do, and monitor their children’s own cell phone and driving use, and always present them with the best examples. But unfortunately, even being proactive won’t always protect one from being the victim of a texting driver. Victims finding themselves in such situations may well need the services of a Texas personal injury lawyer.

Why Protecting Yourself After Such An Accident Can Be Difficult

To the victims of a “texting car accident”, the facts seem pretty obvious. But as a Texarkana car accident lawyer could tell them, things are not quite that simple. Texas’s sporadically enforced “texting and driving laws” mean that victims can’t expect compensation from a law with lesser penalties than some traffic violations. But that doesn’t mean that victims of such accidents don’t experience real pain and suffering. And those problems don’t end after impact. The results of car accidents often include repair expenses, lost income, and medical problems. Some of these unfortunately remain issues for years. But, you’re thinking, that’s why we have auto insurance. Surely their policies pay for damages in this type of accident. And indeed they do. But remember, insurance companies are huge, for profit companies that aren’t going to make payments unless they absolutely have to. It’s the job of insurance investigators not just to collect facts, but to dispute the cause of accidents to avoid these payouts. When they do agree to make these payouts (called settlements), it’s their job to convince victims to take as small a settlement as possible. In many cases, pressured, frightened, victims agree to settlements worth thousands less than what they were entitled to.

How Personal Injury Lawyers Can Help

And texting while driving accidents can often offer opportunities for insurance investigators to dispute the cause of an accident, especially if there are no independent witnesses to it. In such cases, the help of an El Dorado car accident lawyer can be invaluable. Such attorneys can interview witnesses, review official law enforcement documents, and work with experts to reconstruct accident scenes and collect evidence. It’s been said that there are three real witnesses to an accident involving texting while driving: the operator of each vehicle, and the device being used for texting. You can’t issue a request for the driver’s device to be examined to see if it was used in such a way that contributed to your accident. But your lawyer, as an officer of the court, can. And your attorney can also file paperwork, schedule court dates, deal with insurance companies for you, and assist you with getting money for medical and living expenses as your case pends, as well.

 

Contact Us Today For A Consultation

As wonderful as the digital highway is, it’s impossible to constantly avoid irresponsible drivers on it. And while more and more Texas communities are continually adding device and driving laws to protect motorists and passengers, it’s a big state. If you or a loved one finds yourselves in the unfortunate situation of being victims of such an accident, don’t hesitate to call a Texarkana personal injury lawyer. He or she will help you in the aftermath of such an accident, and get you back on the literal road again as quickly as possible.

Personal Injury Protection Cover

If an individual has personal injury protection insurance and he/she are hurt in an accident, the person can receive all maximum benefits even though the accident was or was not their fault. Apart from lost wages and medical bills, PIP insurance can cover expenses such as transportation, medical appointments and even lawn repair.
It is a feature of automobile insurance which covers health care expenses connected with treating injuries gotten in a vehicle accident. Using personal injury protection, the holder, and his or her passengers, who are injured in the vehicle accident will have all their medical expenses covered by the insurance company even if they do not have any health insurance. If the cost of essential medical care surpasses the auto policy’s personal injury protection limits, then health insurance might cover additional expenses.

Automobile insurance features and requirements may differ from state to state. The personal injury protection is existing primarily in the no-fault states. This implies that if a person is injured in a crash, their insurance policy has to pay for their medical care irrespective of whether they caused the accident or the other driver did, provided that the insurance policy covers the accident. Nevertheless, if the other driver does not have insurance cover, the individual will still be covered on condition that his/her own policy covers personal injury protection. This form of coverage is affordable and in addition to ensuring medical care, it can also offer payments for child care, lost income, and funeral expenses which are related to the accident. These payments are not typically covered by an automobile policy’s medical expenses coverage. Medical payment coverage is available in a few of these no-fault states but usually has low limits. The highest a policyholder can receive from filing a claim under personal injury protection is the policy’s limit and nothing more.

States that require personal injury protection

Personal injury protection is a requirement in Washington, DC and about 15 other states. The states are Florida, New York, Kentucky, Delaware, Hawaii, Minnesota, New Jersey, Massachusetts, Utah, Michigan, North Dakota, Oregon, Pennsylvania, Kansas, and Texas. However, minimum coverage requirements may vary by state; the maximum amount depends on what the insurance firm is willing to offer, and this is usually not more than $25,000. When a policyholder’s health insurance coverage provides cover for rehabilitation and injuries associated with a vehicle accident, the policyholder perhaps only needs to buy the least amount of personal injury protection which is required by the state. Note that personal injury protection does not serve as a substitute for liability coverage that most states require and also pays for injuries that are caused to another party, like a pedestrian or driver and the occupants of another automobile.

Auto insurance

Personal injury protection is a mandatory coverage in a few states, even though the coverage may vary in terms of what is covered by the policy and what kinds of treatments are deemed medically reasonable and necessary. For instance, in Utah, it is permissible to use acupuncture as a medical treatment, while in California this is not a requirement. In Texas, on the other hand, personal injury protection coverage will cover the medical expenses, as well as 80 percent of lost wages, and a person to take care of the incapacitated party. Some states may also permit personal injury protection claims even though a workers’ compensation claim is in existence, while other states do not. Also, some states personal injury protection is the first resort insurance to pay for all medical bills when a person is hurt in an auto accident.

In few states, the personal injury protection is subrogatable, and this implies that an insurance carrier will remunerate a loss, regardless of the liability, and then subrogate or recover what it paid from the insurance carrier of the party who is liable. This leaves the insured person in a better financial position, as his or her medical bills will be paid, and afterward, the insurance carriers will fight it out among themselves. Personal injury protection can cover, within its specified time and dollar limits, the funeral and medical expenses of an insured person, others in the car at that time of the loss and a first party where the person was hit as a pedestrian by any car. The initial coverage is for the insured person’s injuries, without regard to liability on a first-party basis. Again, this is only available in few states. A pedestrian who is hit by a vehicle is typically covered under the vehicle’s liability.

A lot of states that don’t have personal injury protection have auto medical payments coverage, but some states have both coverages. The AMP is a first-party coverage as well, without any regard to liability. However, it is only subrogatable in few states, and usually optional. The PIP and AMP limits range from about $1,500 to $250,000, although this is dependent on the state and the injury. Many insurance providers currently have a moderately low limit of approximately $5,000. A no-fault policy in Michigan provides extensive rehabilitation and medical benefits. Claimants who have been affected by an auto accident will be wise to submit their personal insurance information to the medical providers since third party carriers are not under any legal obligation to pay the claimant’s medical bills, but first party carriers are under obligation.

Third party carriers may be subject to payment after a judgment is given against them. Any payments which are made before that time are considered voluntary. Also, settling a claim with the third party carrier is deemed a voluntary payment.

What does personal injury protection cover?

Personal injury protection provides vital protection from the expensive medical costs after an accident. Since it is such a significant coverage, the policyholder must check the specifics of their work-loss coverage and health insurance plan. This can help to determine how much personal injury protection coverage to add to the existing car insurance policy. Personal injury protection coverage can only be claimed in certain states. Although the specifics can differ substantially by state, personal injury protection covers the policyholder, drivers listed on the policy, and the passengers as well.

In the case of any accident-related injury, this personal injury protection can cover the following;

Medical expenses

Medical expenses and surgical treatment, as well as dental and optometric treatment, are covered by PIP. Some other expenses include nursing and ambulance services, medication, prosthetic devices and medical supplies.

Lost wages

Even though this applies in some cases, if the policyholder or his/her passengers are not capable of working due to the accident-related injuries, personal injury protection can help them recover the lost wages.

Substitute services

If accident-related injuries prevent the holder or those covered from carrying out household tasks, such as cleaning, PIP assists them and pays for alternative services, such as a cleaning crew.

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.

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.

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.

Exploding E-cig Causes Semi-Truck Crash

Exploding-E-cig-Causes-Semi-Truck-CrashE-cigs, vapes, electronic cigarettes or whatever else you call them, are all flying off the shelves. These smoke-free cigarette alternatives came on the market a few years ago and sales have continued to skyrocket month after month.

Controversy about the long term effects of e-cigs has been swirling around, but so far the controversy has had little to no effect on sales with roughly 9 million Americans using e-cigs every day.

One of those 9 million Americans is Christian Starasinch, a truck driver from Orlando, Florida. Starasinch was driving through Indiana on I-65 when his e-cig exploded without any warning. The sudden burst caused Starasinch to lose control of his semi-truck and crash into the guardrail.

Luckily there were no other drivers in the area so Starasinch was the only injured person. His injuries were mainly from the explosion of the e-cig not from the crash. He was taken to a local hospital and treated for injuries to his face.

This is not the first documented case of an exploding e-cig, but these cases are rare. The Federal Emergency Management Agency (FEMA) claims it has documented at least 25 e-cig explosions between 2009 and 2014. As a result of these 25 incidents nine people were injured, two of whom suffered serious burns.

A handful of lawsuits have been filed against e-cig manufacturers and dealers, but it is unclear whether these suits will be heard in court or even taken seriously by manufacturers at all.

If you’ve been injured and need an experienced personal injury lawyer call the Law Offices of Flint & Soyars for a free consultation.