Personal Injury Law – Car Accident Injuries – Auto Insurance

Oct 17, 2022AdminBlog

This Blog was brought to you by the Carabin Shaw Law Firm, Principal Office in San Antonio

Car Accident Law

Whether the Defendant is Insured or Uninsured Greatly Impacts your Case

State law mandates, without exception, that all drivers must have auto insurance. Over the past several years, law enforcement has incorporated some powerful technology to detect whether a motorist is insured instantly. Many dispense “street justice” by immediately towing non-insured vehicles and giving drivers expensive tickets. If the driver has been previously convicted of driving without insurance, he or she can lose their license for a long time and possibly even go to jail, especially if they are involved in a wreck. More on this website

Even when they know they’re apt to suffer the consequences if they drive without proof of liability insurance, at least one-in-four Texans still try to get away with it. Whether or not an insurance company is involved in your case makes a huge difference in the legal process and the ultimate outcome of your fatal auto accident claim. Some conditions surrounding your accident (and damages compensation) can be complex and often contentious. Other elements of the fatal car wreck can be relatively straightforward once you get past the initial complexities.

Suppose both drivers involved in the accident are insured. In that case, the company covering the driver that caused the accident is responsible for compensating your family for all legal damages up to policy limits. Whether they do or not is one thing. Generally, this can be good for plaintiffs; in most insured cases, there will be at least some money to compensate your family for the tragic loss of your loved one. Yet, most drivers with “street legal-only” liability insurance carry minimum coverage. Those minimums are 30/60/25. Each number is in thousands. The 30 is bodily injury per person, the 60 is bodily injury per accident, and the 25 is property damage (the value of the vehicle that was hit). Such policies fail to fully reimburse your family for this profound wrongful death loss. Notice there is no provision for pain and suffering or other survivor damages. So just because the money is theoretically available through the negligent driver’s policy doesn’t necessarily mean that you can quickly recover it, especially if the negligent driver carries minimum coverage.

Motorcycle Accidents – Personal Injury Law

Sep 14, 2021AdminBlog

Motorcycle Accidents

On a nice day, many citizens of Texas enjoy going for motorcycle rides and prefer a motorcycle as their main form of transportation. Many motorcyclists are skilled in their riding abilities and wear protective headgear because they are aware of the dangers of riding a motorcycle. More here. Additionally, most motorcyclists abide by the rules of the road and do not make poor decisions. However, motorcycle accidents still occur, and in many cases, it is the fault of another driver. Due to the lack of protection that a motorcyclist does not have because they aren’t in an enclosed vehicle, many motorcyclists wind up severely injured in any type of accident. Other times, the accident may end fatally for the motorcyclist.

Many times, it is the driver of another vehicle that is at fault in a motorcycle accident. This can be due to the driver:

Failing to See the Motorcyclist
Speeding
Driving While Intoxicated
Driving Recklessly
Simply Not Paying Attention

In some cases, a motorcycle accident is not the fault of the motorcyclist or the driver. It can sometimes be the result of a defect in the motorcycle. When a defect in a motorcycle is found, it is usually recalled. However, a recall may happen once it is too late and harm was already done to someone. Sometimes a person may be the owner of a recalled motorcycle but they are unaware of the fact that it was recalled, and they wind up getting into an accident due to riding a defective motorcycle.

The consequences of a motorcycle accident can be catastrophic. A motorcyclist that gets into an accident can wind up with brain injuries, paralysis, bone fractures, and severe burns that require skin grafts and years of surgery to repair. Other times, a motorcycle accident can result in death. If you lost someone in a motorcycle accident due to the negligence of another or due to a motorcycle defect, contact our attorneys today.

Have you or a loved one been injured in a motorcycle accident? Our attorneys can help. Contact our Motorcycle Accident Attorneys to schedule a free consultation.

Personal Injury Law – How Soon Do You Have To Contact An Attorney

Jan 12, 2021AdminBlog

Personal Injury Law – How Soon Do You Have To Contact An Attorney

One of the reasons why personal injury cases can be so complicated is because there are significant differences between state laws. Every state has its own laws that apply to personal injury cases. There are crucial differences in how these laws work, and what they mean for people who have been injured.

Statutes of Limitations

The amount of time you have to file a personal injury lawsuit is limited. Every state has a statute of limitations that creates a type of legal ticking clock. Once you have been injured, that clock begins counting down. Unless you act before that clock reaches zero, you are prevented from filing a lawsuit.

The amount of time you have differs significantly depending on the state in which you live. In some states, you might have as long as six years to file a personal injury lawsuit, while in other states you could be limited to a single year.

Damage Caps

Another significant difference between states when it comes to personal injury laws is how much damages people are allowed to recover.

Non-Economic Damages

Many personal injury lawsuits involve non-economic damages. These types of damages are possible when a person suffers an injury that isn’t easily given a dollar value. Non-economic damages include compensation for emotional distress, pain, and suffering, loss of enjoyment, or loss of the ability to engage in sexual relations, known as loss of consortium.

When it comes to these types of non-economic damages, many states have a maximum recoverable amount. Though this amount differs significantly, it can range from about $350,000-$700,000.

Fortunately, states usually have exceptions that allow injured people to exceed the maximum limit, or eliminate it completely, in some circumstances.

Punitive Damages

Punitive damages can apply in cases where someone’s wrongful action was so egregious that state law allows for damages that serve solely to punish the intentional behavior.

Like non-economic damages, punitive damages can also be limited. Depending on the state in which you live, the maximum punitive damage award might range between $250,000 to $10 million.

Liability

Who is responsible for compensating you for the harms you suffered? The answer to this question will depend entirely on the state in which you live.

Let’s say that you are injured in a car accident. Three other drivers were involved in the accident, and each is partially at fault. You suffer $100,000 in damages. Depending on the state in which you live, each driver might be responsible for only a portion of those damages (several liabilities), each could be held responsible for the entire amount (joint liability), or the group of defendants could be held equally responsible for the entire amount but have the right to sue each other to recover the share for which the others are responsible (joint and several liabilities).

Of course, knowing what the differences are and understanding how they might apply to your situation is something that only an experienced personal injury attorney can help you do. To find out how your state laws apply to an accident you may have been part of, contact a local personal injury attorney as soon as possible.

This Blog was posted By The Carabin & Shaw Law Firm. principle Office in San Antonio, Texas