Category: General Posts

Automobile Accidents Are Among the most Common Reasons For Litigation

Car Accidents Are Among the most Common Reasons For Litigation

Automobile accidents are among the most common grounds for litigation. Here are some things you should know to help avoid a lawsuit or help increase your odds of prevailing if you are involved in a suit.

What You Need to Know About Automobile Insurance

When asked what type of automobile coverage they have, many people simply answer “full coverage,” but full coverage means different things to different people. In this article, we will address what full coverage actually is and why some people who believe they have “full coverage” actually leave themselves exposed. personal injury attorneys law requires that every owner or registrant of an automobile in the State possess automobile insurance. However, the only automobile insurance coverages required by law are property damage liability in the amount of at least $10,000.00 and personal injury protection (PIP) coverage. Many people mistakenly believe that if they meet the requirements under law, they have full coverage. As the descriptions of the various categories of automobile insurance below indicate, the requirements constitute a very bare minimum and rarely adequately protect those involved in automobile accidents. The statutory minimum alone does not constitute full coverage. Essential coverages, including bodily injury coverage, uninsured motorist coverage, and collision are not required by law.

Categories of automobile insurance coverage can be described as follows.

Most automobile insurance companies offer each of the preceding coverages. However, some automobile insurance companies sell you their company’s insurance policy based on low rate rather than coverage. While we all like to save money, be mindful that the lowest rate may not include full coverage, or even all of the coverages you need in the amount you need them. Some of the ways insurance companies offer low rates, but inadequate coverage, include having low policy limits of property damage liability (most cars are worth more than $10,000) and bodily injury coverage; selling PIP insurance with a deductible of up to $1000 (the deductible was originally included for people with other health insurance, but now means you must pay the first $1000 in medical bills); and not including collision, uninsured motorist coverage, or medical payments coverage in the policy. In our firm’s personal injury practice, we experience first hand the problems encountered by those who are inadequately insured. Having adequate amounts of both bodily injury coverage and property damage liability is very important. If you are the at-fault party in an automobile accident, having inadequate coverage can leave you personally liable for the other party’s property damage or personal injuries. Having uninsured motorist coverage is also very important. It is truly unfortunate how often in our practice we see people who are seriously injured in automobile accidents that are not their fault, but the at-fault party is uninsured or underinsured. In these instances, a person without uninsured motorist coverage is left with no recovery or insufficient recovery for their injuries and medical expenses. Whether or not you are the at-fault party, having a PIP deductible leaves you personally responsible for your medical expenses incurred as a result of the automobile accident up to the amount of the deductible. In conclusion, it is our experience that there is no exact definition of “full coverage.” However, if your coverage includes adequate amounts of property damage liability and bodily injury coverage, PIP coverage with no deductible, uninsured motorist coverage, collision and medical payments coverage, you should be properly insured if you are involved in an automobile accident. We suggest you review your automobile insurance policies to determine if you have adequate insurance coverage. If you find out that you have inadequate insurance after you have had an accident, it is too late. We would be pleased to review your coverages with you if you would call us.

What to Do If You Are Involved in a Motor Vehicle Accident

In the unfortunate event that you are involved in a motor vehicle accident, it is necessary to protect your legal rights. The items listed below are a few guidelines to assist you after an accident: Do not leave the scene of the accident You should leave your vehicle as close as possible to the place of impact, and, of course, out of the way of traffic. Notify emergency personnel and police You should contact the police first, and, if there are injured persons, have the police call for an ambulance or emergency personnel. Make the scene safe After an accident, there may be debris in the roadway, or there may be vehicles in the road that cannot be moved. You will need to protect other vehicles traveling in that area from these dangers. For example, put on your flashing or hazard lights, particularly if it is dark outside. If you have flares or reflectors in your vehicle, these should be placed so as to warn oncoming traffic of the dangers ahead. It is also a good idea to raise the hood of your vehicle, so long as there is not a concern that there may be engine-related damage (fire hazard). accident attorneys Identify witnesses In many accidents, there may be a question as to which party is at fault. Under these circumstances, it is very important to identify witnesses who can later testify regarding the facts of the accident. The potential witness should be identified immediately, as they could leave the scene before the police arrive, and may never be found at a later date. Do not admit responsibility for the accident Statements you make at the accident scene may later be used against you in the event that you make a claim or have your case heard before a jury. In many circumstances, an individual may feel responsible for an accident, only to later find out that the other vehicle was actually at fault or shared some responsibility for causing the accident. It is important to be honest with the police. However, this does not require the unsolicited statements regarding liability for the accident. Make notes of the accident scene You will want to make notes of the accident scene, including the time of day, weather conditions, road conditions, length of skid marks, and street lights. You may also want to make a diagram of the accident scene, including placement of crosswalks, traffic signals, stop signs and other traffic signs, etc. In addition, it is important to preserve evidence at the scene of the accident. For example, in many accidents, your vehicle’s seatbelts may not function properly. It is important to document that fact, and to have the vehicle examined by someone well versed in seatbelt safety. If your vehicle is totaled after the accident, you will want to have such an inspection before salvaging the vehicle. Exchange information After the accident, it is important to obtain information from the other drivers involved in the wreck. You will want to obtain the following information, at a minimum: Medical care If you are having any type of pain or physical problems at the scene, it is important that you seek medical care as soon as possible. If there is any concern regarding your ability to drive, or whether your vehicle can be safely driven after the accident, you may consider transport by ambulance to a local hospital. In any event, you will want to consult a doctor regarding the accident, as doctors are trained to recognize and treat injuries which sometimes are not readily apparent to you. personal injury law Consult an attorney If you have questions regarding your rights after an accident, you should contact an attorney who specializes in insurance or personal injury law. Most attorneys do not charge a fee for an initial consultation, and will be able to answer the questions you will have following an accident. Even if you were issued a ticket following an accident, that does not necessarily mean that you are guilty of the traffic offense or are responsible for the accident. You should not settle your injury claim until you have consulted a physician to understand the nature and extent of your injuries. Not all accidents result in a claim being made. However, you need to protect your legal rights in the event that it becomes necessary to pursue such a claim. Our firm has concentrated its practice on assisting those injured in automobile accidents, injured by defective products, and by the carelessness of others and obtaining fair compensation for their injuries.

Personal injury claim

If you have been injured due to the negligence of another, you may qualify to receive compensation for the damages you suffered. Whether you were injured in an accident, on the job or if you are the family member of a victim who was injured because of the carelessness of another party, you may be eligible to file a personal injury claim. With the help of the first-rate injury attorneys from our firm, you can ensure that you are well-informed throughout the entire claim process, which can greatly reduce your risk of being undercompensated or held responsible for causing an accident.

The Ferguson Law Firm, P.C. has more than 40 years of combined experienced and has recovered compensation for injured victims in the tens of millions. Our legal team is highly educated, experienced and dedicated to providing injured victims and their families with the recovery and compensation they deserve. Our close and genuine client relationships are unrivaled in the industry and when you choose to work with our firm, you can rest assured knowing that we will evaluate each case based on its particularities in order to develop the best and most appropriate strategy. If you are looking to file a personal injury claim for any of the following situations, our firm can be of assistance:

Auto Accidents Road traffic collisions are the leading cause of injury and death nationwide. Injuries suffered as the result or car or trucking accidents can greatly impact the lives of victims and their families. If you have been injured in an auto accident due to the negligence of another driver, you may be eligible to receive compensation by filing a personal injury claim.

Construction Accidents America is expanding rapidly and there is a constant need for new residential and commercial property. Because of the various machinery, large debris and heavy building supplies, construction sites can be very hazardous and dangerous places to work. Construction companies must keep sites safe for workers, and in the event an injury occurs because of their negligence, they must be held responsible.

Dangerous Drugs American consumers make up the largest market for prescription pharmaceuticals, and there is a constant barrage of pills being marketed when medical studies are still inconclusive. If you have experienced any injuries, illnesses or diseases as a direct result of prescription medication, over-the-counter drugs, vitamins or supplements, you have the right to file a claim and receive compensation.

Defective Products Product liability is a specific area of law that requires any manufacturers, distributors or others who make products available to the public to be held responsible for any injuries their products cause. Large companies have extensive resources to defend themselves against defective product claims, and it is beneficial to have legal aid and assistance when filing personal injury claims for defective products.

Drunk Drivers Drunk or intoxicated drivers have long been a serious threat to American roadways, and state and federal governments have begun to crack down on those who drive drunk. Innocent victims who have been injured by a person driving under the influence can suffer serious injuries and damages. Driving while intoxicated is illegal and drunk drivers must be held responsible for their careless actions.

Industrial Accidents Industrial facilities must provide safe conditions for their employees. Be it a chemical or refinery plant or any premises where industrial equipment and products are used or made, injuries suffered by workers may be grounds for personal injury claims and monetary compensation for any resulting damages.

Motorcycle Accidents The prevalence of motorcycle accidents has been extremely high ever since motorcycles first hit the roadways. Motorcycle riders are much more vulnerable to injuries and severe damage than people in passenger vehicles and statistics prove their chances of being hurt are also shockingly high. Despite these facts, motorcycle riders run the risk of being undercompensated or held at fault for causing accidents.

Offshore Injuries Texas and the Gulf region is host to a number of seaman, dockworkers, and oil and gas employees who are commonly exposed to dangerous working conditions. These offshore workers are often hurt on the job from explosions, dangerous machinery, and offshore platforms and their injuries have a high potential of being severe. A personal injury claim allows those injured offshore to be repaid for any damages suffered.

Premises Liability Any owner, operator or manager of a property is obligated to provide safe conditions and a healthy environment for any visitors or guests. When injuries or illnesses occur because property owners fail to act with reasonable care, owners must be held responsible. Victims can file claims based on premises liability laws in order to be fairly compensated for damages incurred on another's property.

Railroad Accidents Despite the common belief that trains are safer than other forms of transportation, train and railroad accidents are still a common occurrence. Whether it is conductor negligence, improper rail signals or faulty equipment, injury-causing railroad accidents place responsibility on rail and train companies. If your injury occurred as the result of a train accident or railroad related incident, you may be able to receive compensation.

Nursing Home Neglect There is nothing is more unfortunate and distasteful than the neglect or abuse of elderly victims in nursing homes. Nursing home employees may neglect residents' hygiene, basic needs or medical care and in some cases can be physically or emotionally abusive. Victims in these cases are often defenseless and it is up to family members and loved ones to speak up and hold those responsible for nursing home negligence liable.

Dram Shop Liability Dram shop is a legal term used to describe any establishment that serves or sells alcoholic beverages. Supplying minors with alcohol or over-serving visibly intoxicates individuals can lead to third-party accidents caused by drunk drivers. If your case involves a bar, restaurant, liquor store or other establishment that serves alcohol, you may be able to file a claim under dram shop liability law.

Evaluating Your Personal Case Each personal injury case and claim is different, and from our experience, there is no one size fits all when it comes to defending them or preparing a legal strategy. The Ferguson Law Firm, P.C. is prepared to handle any of the accidents listed and is willing to hear any other personal injury matter you may be experiencing. When handling any new case, we provide a free consultation and case evaluation for as long as it takes to get the story. We will then closely focus on your case's personal circumstances, heavily investigate, act to preserve evidence, collect statements and do whatever else is necessary to achieve the most favorable resolution.

We handle every personal injury claim on a case by case basis. Whereas other firms often work to move cases and get more clients, we do our best to ensure that you have all the information you need and that your case receives our best efforts and aggressive legal defense. If you or a family member has been injured in an accident, it is best to consult legal counsel early in your claim process. We work on a contingency fee basis and want you to feel confident about choosing us to represent you. You have nothing to lose by contacting us to learn more about your personal injury case and your right to be compensated.