No. Texas is an at-fault state, meaning that the at-fault party is liable for damages in an accident. This fault-based system allows injured individuals to pursue claims against the liable party’s insurance, offering the opportunity for a more comprehensive recovery compared to no-fault systems.

Understanding how this affects personal injury cases in San Antonio is critical to recovering a fair settlement after a wrongful injury. Under state law, the injured party (“plaintiff”) bears the burden of proof in personal injury cases. This means that you are responsible for showing that the at-fault party (“defendant”) directly caused the accident and your resulting injuries.

Failure to meet the standard of proof can result in the loss of eligibility for damages, making it crucial to seek experienced representation as soon as possible. Our attorneys have extensive knowledge of personal injury law to help you identify liable parties, accurately calculate damages, and prove negligence in your claim.

Texas follows the modified comparative negligence rule. This system allows victims to recover compensation even if they are partially at fault for their injuries, as long as they are less than 51% at fault for the accident.

However, the final settlement will be reduced by the plaintiff’s percentage of the fault. For example, if you are 20% at fault for a car accident totaling $100,000 in damages, you would only be eligible to collect $80,000 in compensation (20% less than the original total).

Consulting with an experienced personal injury attorney is paramount to maintaining eligibility for compensation and preventing insurance companies from placing undue blame on you. As skilled negotiators, our lawyers can tirelessly protect your rights while advocating for the maximum compensation you’re entitled to.

In Texas, the statute of limitations for personal injury cases is two years from the date of the accident. This means you have a limited amount of time to file a claim and seek compensation for your injuries. However, rare exceptions may apply depending on the circumstances of your case, making it crucial to consult with a skilled personal injury lawyer who can advise you on specific deadlines and help you navigate any complexities that arise in your claim.

It depends. While most personal injury cases are settled out of court, others may undergo litigation to reach a settlement. While it can be frustrating and stressful to prepare for a trial, especially while recovering from a serious injury, litigation can mean the difference between recovering full compensation and walking away with less than you deserve. When you partner with The Packard Law Firm, you can expect personalized representation that prioritizes your unique legal needs. We have decades of experience to advise your legal steps wisely and are always prepared to represent your best interests at trial if necessary.

Absolutely! Our firm offers complimentary case evaluations for your convenience. We can discuss the details of your case and provide an honest assessment of your legal options at no cost to you. Our goal is to help you understand your rights and give you the confidence to make informed decisions for your claim.

Car accident victims can have to deal with an insurance company. If you were not at fault for the accident, you may be able to get compensated for your damages, both physical and mental. This is especially true if the accident resulted in traumatic injuries or death. Some of the things you may be able to get compensated for include the following:

Economic Damages

Economic damages include financial losses that you can prove with bills and receipts. When you recover compensation for economic damages, you will provide documents showing the losses you’ve sustained. Economic damages include:

• Medical bills
• Lost wages due to being unable to work
• Property damage repair or replacement costs
• Funeral and burial expenses (in the event of a death)

Non-Economic Damages

Non-economic damages have more to do with your emotional well-being during and after the accident. These damages cannot be proven with bills; instead, our team will help you calculate the total sum of your losses. Non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Mental anguish

Car accidents are, unfortunately, all too common. With an average of over 16,000 accidents daily, drivers should know how they are caused. There are many different reasons why auto accidents happen. However, some causes are more common than others. Here are the five most common reasons for car accidents:

• Distracted driving: With the advent of technology, there are more distractions than ever before. From texting to using GPS, drivers are not paying attention to the road. Distracted driving is one of the leading causes of auto accidents.
• Speeding is another major cause of car accidents. When drivers speed, they have less time to react to hazards on the road, which can lead to serious accidents.
• Driving under the influence: Driving under the influence of drugs or alcohol is extremely dangerous. It impairs a driver’s ability to make sound decisions and react quickly.
• Drowsy driving: Driving while tired is almost as dangerous as driving under the influence. Tired drivers have slow reaction times and may even fall asleep at the wheel.
• Failing to yield: Failure to yield the right of way can cause sideswipes and T-bone accidents. Drivers who do not yield properly may also run into other cars.
• Reckless driving: Reckless driving includes things like tailgating, weaving in and out of traffic, and running red lights. This type of driving is extremely dangerous and can lead to accidents.
• Weather: Bad weather can make driving conditions more difficult. Rain, snow, and ice can make it hard to see and make roads slick, leading to accidents.
• Road conditions: Bad road conditions like potholes can cause drivers to lose control of their vehicles. Mislabeled road signs or poor lighting can also cause accidents.
• Tire blowouts: Old or faulty tires may blow out and explode, especially while traveling at high speeds. This can cause drivers to swerve or spin out of control, leading to accidents.
• Failing to obey traffic laws: When drivers do not stop at stop signs or stop lights, they create dangerous conditions on the road. This can lead to intersection accidents and even multi-car accidents.

The most common type of car accident is a rear-end collision. This happens when one car hits the back of another car. Rear-end collisions are usually caused by distracted driving or following too closely. If you are rear-ended, you must see a doctor even if you don’t think you are injured. Often, injuries from rear-end collisions do not appear immediately.

If you have been in a car accident, you may be entitled to compensation. An experienced car accident lawyer will be a tremendous advocate for you. The Packard Law Firm has helped many people who have been in car accidents. We will fight for you and get you the compensation you deserve. Call us today for a free consultation.

Similar to the cause of a car accident, the type of car accident you’re in can impact the other driver’s liability and who is at fault.

The most common types of car accidents include:

Sideswipes

Sideswipes happen when the side of one vehicle “swipes” the side of another vehicle. In most cases, both cars are traveling in the same direction. This type of accident often causes minor injuries but extensive property damage.

T-Bone Collisions

In a T-bone accident, the front of one car collides with the side of another car. This type of accident often happens at intersections when one car fails to stop or yield properly.

Head-On Collisions

When two cars traveling in opposite directions collide, it results in a head-on collision. These types of accidents are often fatal and can cause extensive injuries.

Rear-End Collisions

Rear-end accidents happen when one car hits the back of another car. Rear-end collisions are common and often occur when the rear driver is going too fast to stop. Most rear-end collision cases hold the rear driver at fault.

Hit-and-Run Accidents

When one driver leaves the scene of the accident without exchanging information with the other driver, it’s a hit-and-run accident. Hit-and-runs are against the law and can lead to both civil and criminal charges.

Multiple-Vehicle Accidents

Multi-car collisions can cause extensive injuries to multiple parties. Because of the many parties involved, these types of accidents are difficult to resolve legally.

Car accidents are one of the leading causes of personal injury in the United States. While some car accidents are not serious and result in only property damage, others can be much more severe, resulting in life-threatening injuries or even death. When auto accidents do result in personal injuries, it is often the victim’s family members who suffer the most emotionally and financially.

If you or a loved one has been involved in a car accident that resulted in the following personal injuries, you may have a personal injury case available to you. Contact an experienced personal injury lawyer today.

Whiplash

One of the most common injuries following a car accident is whiplash. Whiplash occurs when the head and neck are suddenly and forcefully jerked forward and then backward, causing the neck muscles and ligaments to stretch beyond their normal range of motion. Whiplash can occur even in low-speed collisions and is often seen in rear-end collisions.

Symptoms of whiplash can include neck pain and stiffness, headaches, dizziness, fatigue, ringing in the ears, difficulty concentrating, irritability, and sleep disturbances. In some cases, symptoms may not appear for days or weeks after the accident. If you are experiencing any of these symptoms, you must see a doctor as soon as possible.

Back Injuries

Car accidents can also result in back injuries, ranging from mild strains and sprains to more serious injuries, such as herniated discs and spinal cord damage. Back injuries can be extremely painful and may require extensive medical treatment, including surgery, physical therapy, and medication. In some cases, back injuries can lead to permanent disability.

Spinal Cord Injuries

Spinal cord injuries happen when the spine is damaged upon impact. Spinal cord injury victims may suffer from chronic pain, temporary paralysis, or permanent paralysis. In most car accident cases, spinal cord injuries take extensive medical treatment and years of recovery time. Spinal cord injuries can result in permanent disabilities.

Amputation

In severe car accident cases, victims may injure their limbs so severely that it results in amputation. Losing a hand, arm, leg, or foot impacts the way you complete daily tasks. Amputation may require extensive surgery and physical therapy, leading to thousands of dollars in medical bills.

Brain Injuries

Brain injuries are another common type of injury following auto accidents. Even minor brain injuries can cause significant cognitive impairments, mood swings, and sleep disorders. More severe brain injuries can cause coma or even death.

Broken Bones

The significant impact from a car accident can lead to bone fractures and breaks. Some broken bones heal with the help of a cast, but other broken bones require surgery and physical therapy. Broken bones can cause life-long pain and symptoms, especially if they do not heal correctly.

Burns

Many cars heat up or even catch on fire after a wreck. Being stuck in a car while it’s on fire can cause severe burns across the entire body. Burn injury victims may require skin grafts and other medical treatments to heal fully.

Permanent Scarring

Any type of injury has the potential to cause permanent scars or disfigurement. In a car accident, the debris from the vehicle can fly into your face and arms, causing permanent scars. These life-long marks can impact you for years and may require surgery.

If you or a loved one has suffered any type of personal injury in a car accident, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. An experienced personal injury attorney can help you understand your rights and options and fight for the maximum compensation available to you.

The answer to this question is not always simple, and it may take some investigation to determine what happened. There are a few things to keep in mind that can help you figure out who was at fault in your car accident.

One of the best ways to determine who was at fault in a car accident is to find witnesses who saw what happened. These witnesses can provide valuable information about how the car wreck unfolded for the accident report. If you can’t find any witnesses, or if the witnesses you do find aren’t helpful, there are other ways to figure out who was at fault.

One of these ways is to look at the evidence. This includes things like skid marks, damage to the vehicles, and any other physical evidence that can be used to piece together what happened. This evidence can be used to support the testimony of witnesses, or it can be used to contradict it.

In some cases, the police report can also help determine who was at fault in a car accident. The police report will often include a description of the accident and will sometimes assign blame to one of the drivers involved. However, it’s important to keep in mind that the police report is not always accurate and should not be considered definitive proof of who was at fault.

If you’re still not sure who was at fault in your car accident, you may want to consult with an experienced car accident attorney. An experienced auto accident attorney can review the evidence and help you determine who was really at fault. Insurance companies will also hire personal injury attorneys to help them figure out who was at fault, assign blame, and pay out claims properly.

Being in a car accident is traumatic. On top of your physical injuries, you’re likely experiencing anxiety, fear, and stress. Understanding the steps to take immediately after a car accident can help you seek compensation later.

If you’ve been in a car accident, be sure to do the following:

Move to a Safe Location

If your car is driveable, move it to the side of the road and out of the flow of traffic. If you can’t move your car, leave it where it is until the police arrive.

Contact Emergency Services

Call the emergency line and tell them that you’ve been in an accident. The police will create an accident report that you can use in your personal injury claim. If anyone is hurt, ask for an ambulance as well.

Exchange Information

You will need personal information from the other driver to file a claim. Get their name, number, insurance company name, and driver’s license number to use in your claim. If there are any witnesses to the accident, get their contact information as well.

Take Photos

Your photos and videos of the accident can be used in your claim. Take pictures of both vehicles, the area where the accident happened, and any injuries you sustained. Be sure to include any road signs in your photos.

Do Not Admit Fault

When you get into an accident, it’s a natural reaction to say, “I’m sorry,” or otherwise admit fault. However, this can impact your chances to recover compensation. When talking to the other driver or the police, stick to the facts and don’t admit fault.

Seek Medical Care

Even if you don’t feel hurt right away, it’s likely that you have at least minor injuries. Injury victims often go into shock, sending a wave of adrenaline through their bodies. That adrenaline can mask pain signals, making you believe that you’re unharmed. Always get medical attention after an accident to get the care you need.

File an Insurance Claim

Contact your insurance company and the other driver’s insurance company to begin the claims process. The sooner you file a claim, the faster you can receive compensation for your injuries. Never admit fault when speaking to an insurance agent.

Contact a San Antonio Car Accident Lawyer

Our team is here to help you get the compensation you deserve after an accident. When you contact us, we will immediately begin working on your case so you get the outcome you deserve.

rking with a San Antonio car accident lawyer is the best way to recover the compensation you deserve after an auto accident. When you work with our team, we will immediately begin taking steps to get you the best possible outcome.

As your attorneys, we can do the following:

• Gather evidence, including photos, videos, witness statements, and accident reports
• Investigate liability, especially in multi-party car accidents
• Negotiate with insurance adjusters on your behalf
• Calculate your total damages and argue for a higher settlement
• File a lawsuit and take your case to court, if necessary
• Fight until you get the outcome you deserve

If I don’t pay them upfront, if I don’t pay them from my benefits if I won’t get billed, and if I don’t pay when I lose, then how does my lawyer ever get paid? If you win your Social Security case, you’ll likely be paid in two ways. First, you’ll be paid an ongoing monthly benefit. Nothing from your monthly checks goes to your lawyer.

Second, most cases are also given a lump sum called “back pay.” This back pay is a reimbursement check for all the months that the Social Security Administration should have been sending you checks but wasn’t. Your attorney will charge 25% of this back pay. Typically when the Social Security Administration goes to disburse your back paycheck, it will actually send a check for 25% to your lawyer, and the remaining 75% will be sent to you so that you don’t even have to worry about it yourself.

If you are preparing to file a claim or appeal for disability, you may be wondering what your chances of winning are. The most accurate answer will be complicated and specific to you. This FAQ will give you a general idea of how frequently disability cases are won at each level and what you can do to increase your odds of winning.

The state of Texas requires that a Medicaid applicant have no more than $2,000 in countable resources. The key point here is whether or not your resource is countable. The Medicaid program allows you to exclude for application purposes many things, including the value of your homestead (up to $500,000), one automobile of unlimited value, your home furnishings, burial plots, up to $1,500 for burial expenses, and other enumerated items. If, after accounting for your exempt resources, you still have more than $2,000 in countable assets, you will not be able to qualify for Medicaid benefits until those funds are spent for your care, or you undergo some type of Medicaid planning with your attorney.

To be considered disabled, individuals must have a medical or psychological condition that makes working difficult or even impossible. The applicant’s impairment must have kept them from doing a substantial gainful activity (SGA) over a 12-month period. Keep in mind that having symptoms is not enough. The applicant must have medical or psychological evidence (medical records) to prove to the Social Security Administration that the symptoms actually exist.

It is possible to qualify for both SSI and SSDI, although it is unlikely. If you qualify for both forms of benefits, that is called concurrent benefits. Unfortunately, SSI stands for Supplemental Security Income and will only apply if your income is low enough to be supplemented. In other words, you would only get SSI if your SSDI benefits are too low. At that point, SSI would step in and supplement your benefits to bring them up to a combined total of $710 a month.

No. In fact, without proper planning for such a gift, that may be the worst thing you can do. Medicaid has instituted a five-year look-back period, which means any uncompensated transfer of property (a gift) occurring within five years and one month of your application date will be looked at and will create a penalty period. During the time of the penalty, Medicaid will not pay for vendor payments (payments to the nursing facility). Instead, you or your family will have to make those payments to the nursing home. The penalty’s length is determined by the amount of transferred property (gift amount).

To qualify for SSDI, the answer to each of the following questions must be no:

• Can you do the same job you did before?
• Can you adjust to working in another job?
• Are you earning more than $1180 per month (this is the 2018 amount; it rises slightly each year) from
  any work?
• Will your disability last less than 12 months?

If the answer to any of those questions is yes, you probably do not qualify for SSDI. But there are a few special circumstances.

The first step to knowing if you have enough work credits is to know what counts as a work credit. You earn work credits every year that you work. In a year, you can earn up to four work credits. Each year, the Social Security Administration sets the amount that you must earn for each credit. In 2018, the amount was $1320. Once you’ve made four times the amount for that year, you’ve received the maximum four credits for that year.

Only income that you pay Social Security taxes on qualifies. So how many work credits do you need to qualify for SSDI? It depends on your age.

• Under 24 years old, you need to have six credits in the last three years.
• Between 24 and 31 years old, you need to have two credits for every year since you turned 21.
• Between 31 and 42 years old, you need to have 20 credits in the last 10 years.
• Older than 42 years old, you need to have 20 credits in the last 10 years, plus one additional lifetime credit for every year you are older than 42.

If you are related to someone who qualifies for SSDI, you may also qualify. You usually qualify for SSDI if you are:

• A dependent child or stepchild of a disabled worker
• A spouse or ex-spouse caring for the child of a disabled worker
• A spouse of a disabled worker who is over 62 years old and doesn’t qualify for Social Security benefits on his or her own

Getting a notice that you owe the SSA money can be frightening, especially if you don’t have the money to pay them back. But don’t worry. If you receive an overpayment notice from the SSA, you have several ways to move forward.

The amount you receive from SSDI depends on the amount you paid into the system. The formula for figuring it out is complicated and changes every year. In essence, you receive most of the initial money you pay into the system, and the smaller the percentage, the more money you paid into the system. The maximum SSDI payment in 2018 was $2,788 and increases each year.

Family members can receive up to 50% of a disabled worker’s monthly disability amount. The total paid to all family members cannot be more than 150% of the amount the disabled worker receives.

If you receive a notification from the SSA that it is seeking money because of a past overpayment, you have three basic paths forward:

• Appeal the overpayment
• Pay the SSA the requested funds
• Request a waiver

The option to appeal is only available if the SSA did not, in fact, overpay you. So if the notification is correct, your only options are to pay or to request a waiver.

Absolutely nothing. Attorneys do not charge any fees upfront to work on your Social Security case. They do not charge to meet with you. They do not bill you hourly. There is no financial risk in speaking with a Social Security attorney since the service is free.

When the SSA determines if you can repay, it looks at whether your current income is being spent on things like:

• Food
• Clothing
• Utilities
• Medical expenses
• Rent or mortgage

If, however, you still have the funds from the overpayment or receive a back-pay settlement, the SSA will likely determine that you have the ability to repay.

There are many dangers on the road, but few are as deadly as a truck accident. In 2021, 5,601 large trucks and buses were involved in fatal crashes in the United States, according to the National Highway Traffic Safety Administration (NHTSA). That’s an increase of 13 percent from the year before.

Various factors can cause truck accidents, but some are more common than others. Here are some of the most common causes of truck accidents:

Driver Error

One of the most common causes of truck accidents is driver error. This can include things like speeding, driving while fatigued, or driving while under the influence of drugs or alcohol. When someone else is at fault for your accident, you may be able to file a personal injury lawsuit against them to recover damages.

Poor Vehicle Maintenance

If a truck isn’t properly maintained, it can lead to accidents. This can include things like bald tires, faulty brakes, or broken lights. Trucking companies are required to inspect their vehicles and regularly make repairs as needed. If they fail to do so, they can be held liable for any accidents that occur.

Poor Road Conditions

Another common cause of truck accidents is poor road conditions. This can include things like potholes, loose gravel, or icy roads. Holding the government responsible for accidents caused by poor road conditions can be difficult, but it’s not impossible. An experienced lawyer can help you understand your legal options.

Weather Conditions

Bad weather can also be a factor in truck accidents. This can include things like high winds, heavy rain, or snowstorms. Truck drivers are required to slow down and exercise caution when driving in bad weather. If they fail to do so, they can be held liable.

If you’ve been involved in a truck accident, it’s important to contact an experienced truck accident attorney who knows personal injury law on an intimate level. The Packard Law Firm has experience handling truck accident cases and can help you get the justice you deserve. Whether you need to deal with an insurance company, have serious injuries, or inquire about the information in a personal injury case, our truck accident law firm can help you seek compensation. Refer to this link for some additional big rig crash causes that you might find interesting.

Truck accidents can be some of the most devastating crashes on the road. These vehicles are often much larger and heavier than passenger cars, which can result in catastrophic injuries or even death for those involved.

Some of the most common injuries sustained in truck accidents include:

Brain Injuries

A brain injury can have a variety of short and long-term effects, from confusion and headaches to memory loss and paralysis. These injuries can be difficult to recover from, and they often require extensive medical treatment.

Spinal Cord Injuries

A spinal cord injury can cause paralysis, loss of sensation, and loss of mobility. These injuries can be permanent and life-changing. Dealing with a spinal cord injury can be difficult, both physically and emotionally. Holding the responsible party liable can help you get the compensation you need to move on with your life.

Broken Bones

Broken bones are some of the most common injuries in truck accidents. They can range from minor fractures to serious breaks that require surgery. If you’ve been involved in a truck accident, it’s important to get checked out by a doctor to make sure you don’t have any broken bones.

Soft Tissue Injuries

Soft tissue injuries include things like sprains, strains, and whiplash. These injuries can be painful and debilitating. They often require extensive medical treatment, including physical therapy.

Internal Injuries

Internal injuries can be difficult to identify, as they don’t always have visible symptoms. These injuries can be life-threatening and require immediate medical attention.

If you’ve been involved in a truck accident, it’s important to seek medical attention as soon as possible. These injuries can be serious, and you’ll need to document them to hold the responsible party liable.

Many different parties can be held liable in a truck accident. Depending on the circumstances of the accident, one or more of these parties may be held responsible.

The Truck Driver

The truck driver is often the first party that comes to mind when considering who can be held liable in a truck accident. If the driver was speeding, driving recklessly, or under the influence of drugs or alcohol, they can be held liable for any accidents or injuries that occur.

The Trucking Company

The trucking company can also be held liable in a truck accident. This is especially true if the company failed to maintain the truck properly or if they didn’t properly train the driver.

The Truck Manufacturer

If the truck was defective somehow, the manufacturer can be held liable. This is most often seen in cases where the brakes or tires are defective.

The Cargo Loader

If the cargo is not loaded properly, it can shift during transport and cause an accident. In these cases, the cargo loader can be held liable.

Determining fault is important because it can help you get the compensation you need to cover your medical bills, property damage, and other expenses. If you can prove that the other party was responsible for the accident, they will be liable for all of these costs.

Determining who is at fault in a truck accident can be complicated. If you’ve been involved in a truck accident, the experienced attorneys at the Packard Law Firm can help. We’ll investigate the accident and determine who is liable so you can get the compensation you need to cover all the expenses incurred after dealing with this difficult situation.

All truck drivers and trucking companies are bound by federal regulations. These rules can affect commercial truck accidents, as the Federal Motor Carrier Safety Administration (FMCSA) can hold individuals in violation.

The FMCSA regulations state that:

• Truck drivers must undergo proper training for specific types of cargo
• Truck drivers must take rest periods after driving a certain number of hours
• Drivers must maintain a blood alcohol concentration (BAC) of 0.04% or less
• Cargo must be secured properly
• Trucks must be inspected regularly

These rules are meant to keep truck drivers and passenger vehicles safe on the road. If trucking companies encourage their drivers to break the rules, they can be penalized. Our team is familiar with the FMCSA and how they regulate drivers so we can help you after a San Antonio truck accident. 

After a truck accident, you are likely dealing with many expenses related to your injuries and property damage. By working with a San Antonio truck accident lawyer, you can recover compensation for all of your financial losses.

Generally, you can seek compensation for the following:

Economic Damages

Economic damages are financial losses that you were forced to pay out of pocket because of the accident. Typically, these are related to your truck accident injuries. Economic damages may include:

• Medical expenses
• Lost wages from time off work
• Property damage repair
• Loss of future income

Non-Economic Damages

Non-economic damages are more subjective and may require calculations. These losses are more about your emotional state and your mental health as a result of the accident. Non-economic damages could include:

• Emotional distress
• Pain and suffering
• Mental anguish
• Permanent injury

Under certain circumstances, you may also qualify for punitive damages. These damages are additional damages that are awarded when the defendant is found to have behaved with malice or intent. In most truck accident cases, these damages would be given if a driver was found driving under the influence. Punitive damages could also be awarded if a trucking company was encouraging their drivers to break laws or rules of the road. If you’re interested in learning more about punitive damages for a semi-truck accident, contact our law office today.

Trucking accidents are scary and not something most people are prepared for. If you’ve recently been in a truck accident, taking the right steps now can help you when filing a claim later.

Keep yourself safe by doing the following:

Exchange Information

Talk to the truck driver and get their name, number, trucking company, and insurance company information. It’s illegal to leave the scene of an accident without exchanging information, and you’ll need it later when you’re filing your claim.

Call the Police

Law enforcement will come to the scene of the accident and file a police report. Not only will this keep you and your passengers safe, but it will also allow you to have your own record of the accident and initial liability.

Take Photos

Photos and videos of the accident scene can be used to bolster your claim. If there are any witnesses of the accident, get their information, too.

Seek Medical Attention

Even if you don’t feel hurt now, getting medical care is important. You may have internal injuries that are not immediately obvious. Get checked out by a medical professional to seek the treatment you need.

File an Insurance Claim

Contact your insurance company and the trucker’s insurance provider as soon as possible. The faster you file a claim, the faster you can recover compensation.

Because of their large size relative to other vehicles, fatal truck accidents are unfortunately common. If your loved one died as a result of their truck accident injuries, you and your family may be able to pursue a wrongful death claim. In a wrongful death claim, you can seek compensation for the loss of your loved one and hold liable parties accountable for their actions.

The compensation in a wrongful death claim can be used to pay for:

• Funeral costs
• Burial expenses
• Medical expenses from before your loved one’s death
• Property damage repair
• Loss of companionship
• Loss of future income
• Loss of benefits, including emotional support

Losing a loved one is incredibly difficult. Our team understands that no amount of money will bring your loved one back to you. However, our San Antonio truck accident lawyers are here to help you hold guilty parties responsible for their actions. Many families find that seeking justice through a wrongful death lawsuit helps bring them closure and peace. If you’d like to learn more about filing a wrongful death claim, contact our law firm.

Even in relatively straightforward cases, truck accident claims may not go as planned. Pursuing an insurance claim while recovering from your injuries can be challenging, especially if there are multiple liable parties involved.

Frequent issues with truck accident cases include:

Claim Denials

Insurance companies are not on your side. Insurance adjusters will do everything in their power to get you to admit fault so they can deny your claim. Talking to an insurance company without legal representation is not recommended.

Low Settlement Offers

It’s common for insurance agents to reach out after your accident and offer you an insultingly low settlement offer. Unfortunately, many people accept this low settlement because they believe it’s better than nothing. The truth is that by working with a San Antonio truck accident lawyer, you can recover full and fair compensation to cover all your losses.

Multiple Insurance Companies

If more than one party is responsible for your accident, you may be dealing with multiple insurance companies. Juggling more than one insurance claim is challenging, especially when you are resting and recovering from your injuries. You deserve a legal team who will take care of all your insurance needs.

Under the Texas Labor Code, several defenses are available to non-subscriber employers who are sued after a work injury. However, this law also protects workers by forbidding employers from using certain defenses that would otherwise be allowed in injury cases, including:

• Contributory negligence. Most personal injury cases allow victims to recover lower damages, or even no damages at all if they are found to be partially liable for the injuries they suffered. However, non-subscriber employers are not allowed to use an employee’s fault against him. It doesn’t matter if the employee is 99% to blame for the accident; if the employer is 1% liable for the injury, the employer is liable for the full costs of the injury.
• Assumption of risk. Many jobs and career paths in Texas are inherently dangerous, carrying an above-average risk of injury. In some injury cases, employees are said to “assume the risk” of dangerous activities, such as acknowledging that construction work at heights or near heavy machinery is dangerous, and any injuries that result cannot be blamed on the employer. This protection is removed from non-subscribing employers.
• Coworker negligence. When an injury is caused by the actions or negligence of a coworker, an employer may avoid liability by encouraging the victim to sue the coworker instead of the company. This defense, also known as the fellow servant doctrine, can no longer be used by non-subscriber employers.
• Pre-injury waivers. People are often asked to sign waivers before engaging in activities that can cause injury or death, such as skiing or skydiving. These waivers are a contract stating that the person signing will not sue the company if they are injured since they realize there is a risk of injury. Some employers may attempt to protect themselves from liability by making employees sign waivers when they are hired, even before an injury has occurred. While these may be binding in other cases, pre-injury waivers are not admissible in cases against non-subscriber employers.

Even if your injury involved one of these defenses—if a coworker caused your injury or if you acknowledged that there was a risk of danger in your work—it does not affect liability. In other words, if any of these statements are true, the employer is still responsible for covering the costs of the injury and any other costs due to negligence.

If your non-subscriber case is valid, you may be able to recover a significant amount for past medical bills, lost wages, future disability, and pain and suffering. However, you should ask an attorney to look over the details of your case to see if there are any potential weaknesses that could affect the outcome of your claim. Generally speaking, whether or not you should file a non-subscriber case will depend on your employer’s:

• Insurance benefits. Some employers who do not offer workers’ compensation will carry an alternate benefit plan to pay for employee injuries. If the benefits you receive through your employer’s insurance are adequate to cover your injury costs, you may not need to pursue a further non-subscriber claim. It is worth noting that these plans can differ greatly from the state-mandated workers’ compensation, offering only the benefits that the employer has chosen. As these plans are also under the total control of the employer, they may offer limited payments and fail to provide employee protections (such as protection from retaliation or demotion) that are standard under workers’ compensation.
• Evidence of your injuries. Your employer will likely attempt to defend against any claim you make using your own medical records. You should always tell the truth about the injuries you have suffered, the treatment you have undergone, and the medical bills you have paid. If your injury has caused permanent disabilities that can prevent you from earning as much as you have previously or stop you from participating fully in the things you enjoy, a non-subscriber case may be your only chance at fair compensation for your losses.
• Case against you. One of the benefits in non-subscriber cases is that the employer loses the right to certain defenses, such as blaming the worker for causing the accident. The employee only has to prove that the company was one percent at fault for the accident to be liable for damages. However, your actions during and after the accident can affect the amount of compensation you receive. If you were not taking recommended safety precautions before the accident or failed to go to the emergency room to treat your injury, a judge might assume that you were not doing everything possible to protect your own health.
• Illegal practices. A judge will likely look unfavorably at an employer who put his employees at risk or willfully broke the law. Proof of inadequate safety measures, illegal company policies, failure to post a notice about the employer’s workers’ comp status, and other negligent activities can strengthen an employee’s case.
• Contractors. Sometimes, an injured worker’s claim can be paid through someone other than the employer. Such “third-party” claims are typically filed against a person or company that worked on the same site as the employer or provided equipment used in the workplace. Builders, supervisors, painters, training providers, security firms, or even makers of uniforms and safety equipment can all be named in a third-party work injury claim.

If you are involved in a personal injury lawsuit and are considering a settlement, you may be curious about the potential tax implications. Generally, a case is taxed the same way regardless of whether it settles or gets a judgment in court. However, these settlements or judgments can be structured in a way to take advantage of certain tax laws.

Most settlements or judgments can be broken down into categories. For example, an agreement or judgment might include emotional distress, lost wages, medical bills, or attorney fees. The taxes due will ultimately depend on the type of damages or category that is being paid out.

The most important thing to remember in your injury claim is that you are looking for compensation for how your accident has affected you. Injuries can have very different effects on different people, and even so-called “minor” injuries can result in high medical bills and weeks off of work. The first step in estimating your potential damages is to total all of your expenses and losses, including:

• Medical bills. Your case should take into consideration how much you have paid for medical treatment, including emergency room costs, x-rays and scans, prescription medications, follow-up appointments, co-pays, physical therapy, and any other costs you paid out-of-pocket.
• Lost income. You should add up your lost wages for the total time you were unable to work due to your injury, including any overtime opportunities, bonuses, and other benefits you were not eligible for.
• Disability. You should calculate the value of any limitations that have resulted from your injury, such as those that prevent you from working in your old job, make it more difficult to live independently or have full enjoyment of your life.
• Future costs. You must consider whether your injury could cause you to incur any expenses in the future, such as additional surgeries or replacements for wheelchairs, braces, or assistive devices.
• Pain and suffering. Victims may be able to get additional payments depending on the amount of physical and mental anguish they have endured.

Subrogation is a legal term that means “substituting one party for another.” For example, when you file an injury claim, you seek payment from an at-fault party’s insurer rather than the individual. Similarly, one insurer can seek repayment from another insurance company if their customer is ultimately found to be at fault for an accident.

For example, let’s say you are hurt in a work accident, and your employer is a non-subscriber. You receive benefits through your spouse’s medical insurance to pay for medical costs. After you recover, you file a lawsuit against the employer and win. Now, your spouse’s insurer has a right to ask you to pay back the amount it has spent on your injury out of your damages.

Texas is the only state in the U.S. where workers’ compensation coverage is not mandatory for employers. The biggest reasons companies choose not to provide state-regulated insurance are that the program is expensive and it provides a lot of protection to the employee. Under workers’ compensation, employees are guaranteed to receive payment for lost income and injury-related medical bills when they suffer a work-related injury or illness.

Millions of Texas employees are covered under their company’s privately-insured injury policy instead of workers’ compensation. Although these employers are still considered “non-subscribers” to federal workers’ compensation, they do allow injured workers to collect some benefits after an illness or accident on the job. However, these alternative policies typically offer less protection to the employees.

Companies may benefit by offering alternative coverage plans because:

• Workers do not know that their “workers’ comp” is actually an alternative policy. Employers who provide workers’ compensation have limited liability if an employee files an injury claim. This can be another good reason why an employer would lead a worker to believe that the company has workers’ compensation insurance. A company can provide limited injury benefits under an alternative policy and refer to the payments as “workers’ comp,” telling the worker that he cannot sue if he accepts the payment.
• These policies may be limited. Unlike federal coverage, where all injury-related expenses must be covered, private insurers can impose both dollar and time limits on their policies. If the employer does not want to pay out of pocket after a claim’s coverage limit has been reached, the employer may simply stop benefits.
• They are not government-regulated. The policies and coverage provided through workers’ compensation have clear regulations set forth by lawmakers. Private insurance is not licensed or regulated by a governing body, making it less likely that the employee will be protected.
• The employers can set their own rules. There are many ways employers can make it as difficult as possible for employees to qualify for benefits through private policies, including requiring mandatory injury reporting within 24 hours of an accident or requiring a supervisor to attend an employee’s doctor’s visits.
• There are no disability or death benefit requirements. Workers’ comp offers the possibility of lifetime benefits after a permanent disability, as well as death benefits if an employee is killed on the job. Private insurance does not offer any such guarantees.
• There are no job protection requirements. Workers’ compensation law includes a provision to prevent retaliation or termination of an employee who seeks job-related injury compensation, while non-subscribing employers are free to demote employees at will.

Failure to provide workers’ compensation benefits is a good reason to sue an employer, but there are also additional situations where the company you work for is liable for damages, including:

• Intentional harm. Employees have the right to sue employers whose conduct caused direct and intentional harm. In these cases, employees must show that the employer was trying to hurt the worker on purpose, such as if an employer assaults a worker or trips him at the top of a flight of stairs.
• Defective product injuries. If a worker is injured by tools, machinery, or other equipment in the workplace, he or she can file a lawsuit against the employer or the manufacturer of the object that caused harm. Employers and manufacturers could both be liable if the risks of using the equipment were not minimized, if the equipment failed to work properly, or if employees were not properly warned of the danger of injury.
• Toxic substance injuries. Employees who work around dangerous chemicals or toxic substances are at high risk of developing severe medical conditions. Compounds such as silica, asbestos, benzene, radium, or chromium have all resulted in illnesses that have formed the basis of toxic tort lawsuits. Toxic injuries may happen suddenly (such as a chemical burn or eye injury), but they can also take years of exposure before symptoms appear (such as asbestos-related cancers). Workers may sue an employer who was aware of the potential side effects of toxic exposure, and they may also sue the manufacturer or distributor for the harmful product.
• Third-party injuries. Employees may be able to name multiple parties in a personal injury lawsuit, especially if each party played a role in the injury. There are many people on a job site who may be responsible for a worker’s injuries, including engineers, contractors, project managers, architects, drivers, or other non-employer entities.

Your estate is all of the money and property you own. This includes, but is not limited to:

• Your home and any other real estate you own
• Investments
• Retirement accounts
• Life insurance policies
• Your share of any joint accounts
• Trust property over which you have control
• Interests you have in any business

Without an estate plan, the Texas court system will decide how to manage your affairs. If you become disabled, the court appoints a guardian of the estate, who manages your finances, and a guardian of the “person,” who makes your medical decisions. The court may or may not appoint a family member to be a guardian. This process is costly, time-consuming, and open to the public.

If you pass away without an estate plan, your estate is distributed according to Texas intestacy laws. The court will determine who becomes the guardian of any minor children or children with disabilities upon your death or disability. This process is long, expensive, and frustrating, but you can avoid it all by speaking with Alison Packard at Packard Law Firm and creating an estate plan.

Estate planning is not just for the “retired.” While many people do not consider estate planning until they are older, it is wise to begin the process early in the event of an accident or medical condition that results in unexpected death or disability.

Determining what estate planning documents you should have depends partly on your family circumstance and financial situation. While it is rare for someone to have all of these documents, a comprehensive traditional estate plan may include the following:

• Will: A will is a legal document that identifies a person’s wishes regarding the distribution of his or her assets after death. It can also include instructions regarding the disposition of one’s body after death, a designation of guardians to care for minor or incapacitated children, and provisions for contingent trusts if necessary.
• Living will: In Texas, a “living will,” “health care directive,” or “advance directive” is formally known as a “Directive to Physicians and Family or Surrogates.” This legal directive instructs a doctor to either use or not use life support to extend the natural process of dying if the individual who signed the directive is in a “terminal” phase of an illness or has an “irreversible condition” as defined by Texas law.
• Living trust: A revocable living trust (also called an “inter vivos trust”) is an instrument that provides lifetime and after-death property management, usually without the necessity of court involvement. A living trust is established by a “settlor” (the person who places the assets in the trust), who then names a “trustee” to manage the property. The trust instrument identifies successor trustees and provides instructions about the management and distribution of property during one’s lifetime and upon death or incapacity.
• Pour-over will: If you have a living trust-based estate plan, you also need a pour-over will. A pour-over will allows the executor to transfer any assets owned by the decedent into the decedent’s trust so that they are distributed according to its terms.
• Declaration of guardian for minor children: If you have minor children and have strong feelings about who should be their guardian after you pass away, it’s typically best to use a separate guardian designation to name a guardian for your children upon your death or disability. Most people use a declaration of guardian if there is an individual they wish to explicitly deny any possibility of becoming a guardian for their minor children.
• Declaration of guardian in advance of need: A declaration of guardian in advance of need is for adults who wish to express who they want as their guardian if, at any point, they become incapacitated and require a guardian.
• Power of attorney: A power of attorney is a legal document appointing a person or organization to act for another person according to the specific instructions of the document. The appointed “agent” has designated powers, including authorization to manage real and personal property, gift money, employ professional services, and make business and financial decisions. A separate medical power of attorney appoints an individual to make healthcare decisions. In Texas, medical power of attorney is effective only upon a medical determination of incapacity, whereas a general durable power of attorney can be effective immediately or upon incapacity, according to the wishes of the person making the appointment.
• HIPAA release: The 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits the release of medical information to anyone without written authorization. Some medical providers refuse to release information on these grounds, even with medical power of attorney. It’s generally safe to sign a simple HIPAA authorization form that allows the release of medical information to whomever you appoint.

Any legally competent adult may be appointed as an agent or attorney, in fact. Most people appoint a close family member such as a spouse, sibling, or adult child, but any person such as a close friend or colleague who you trust works well. You can designate more than one agent to serve separately or simultaneously. It is generally best to appoint one agent to serve at a time, as simultaneous agents must both be able to sign when needed and must always agree on a decision regarding the principal or individual who signed the power of attorney.

There are two types of guardianships. A guardian appointed to take care of the physical well-being of an incapacitated individual is called “guardian of the person,” while a guardian appointed to take care of the individual’s property is called “guardian of the estate.” In some cases, only one type of guardian is appointed for a particular person. In many cases, both a guardian of the person and a guardian of the estate is appointed.

Texas law provides a priority list for choosing the guardian of an incapacitated individual, beginning with the person identified by the incapacitated individual (before his or her incapacity) in a “designation of guardian” legal document, or some cases, the person identified by the last-surviving parent of the incapacitated individual in his or her designation of guardian. If no designation exists, the court looks to the incapacitated person’s spouse, if any, and then to the next of kin, followed finally by a nonrelative. The priority list for guardian of a minor begins with parents, followed by the person designated by the last-surviving parent, and then the nearest ascendant (grandparents, great-grandparents, etc.), next of kin, and finally, a nonrelative.

If more than one person of the same priority wishes to be guardian, the court chooses the person who is best qualified to serve. In considering priority, the court has the authority to skip over a person higher on the priority list if the court determines that the person is ineligible due to a conflict of interest, lack of experience, notoriously bad conduct, or other reasons of unsuitability.

Guardianship law is designed to protect the rights and well-being of individuals who lack the capacity to protect themselves. Some many steps and procedures provide this protection and assure that all parties comply with the law. These procedural safeguards necessitate a significant amount of attorney involvement and resultant legal fees. In addition to the proposed guardians’ attorney fees, applicants for guardianship usually pay the attorney fees for court-appointed attorney ad litems (and sometimes guardian ad litems), as well as court filing fees, service of process fees, legal notice costs, and bond premiums.

The state of Texas requires that a Medicaid applicant have no more than $2,000.00 in countable resources. The key point here is whether or not your resource is countable. The Medicaid program allows you to exclude for application purposes many things, including the value of your homestead (up to $500,000), one automobile of unlimited value, your home furnishings, burial plots, up to $1,500.00 for burial expenses, and other enumerated items. If, after accounting for your exempt resources, you still have more than $2,000 in countable assets, you will not be able to qualify for Medicaid benefits until those funds are spent for your care, or you undergo some type of Medicaid planning with your attorney.

Probate is the court-involved process that proves the validity of a will, determines the proper heirs of an estate, and ensures that creditors are paid from assets of the estate and that heirs receive the estate property to which they are legally entitled. The probate process often involves standing in front of a judge to become appointed as a personal representative. Afterward, the assets are gathered and distributed according to instructions of the will or according to state intestacy laws when there is no will.