Why sue if I have health insurance?
First off, the majority of health insurance plans do not cover 100% of your medical expenses. At bare minimum, you are responsible for deductibles, co-pays, and on top of that, many types of procedures are simply not covered at all. More importantly, your health insurance carrier does NOT reimburse you for non-tangible or non-medical-related losses such as lost wages, pain and suffering, reduced earning capacity, loss of consortium, etc, etc.
Remember that medical bills are only one part of your claim. If you’re now unable to return to work at full capacity, the damages related to your reduced earning capacity will likely FAR exceed the cost of your medical bills. We all know that a serious injury impacts a victim in more ways than the hospital bill, but these type of losses will never be covered by any health insurance plan. Only a personal injury lawyer can assist you in collecting these types of damages through a personal injury claim or lawsuit.
How long will my case take?
While a personal injury attorney may be able to give you a “ballpark estimate” on the time frame you’re looking at, it is simply impossible to provide an accurate answer without having all the facts connected to your case. Some types of cases settle within weeks, while some can take well over a year to play out.
At Rasansky | McKenzie Law, we make it a point to explain exactly what to expect, and can give you a good idea on how long it might take to either reach an out of court settlement or go to trial.
One factor which does play a significant role with regard to time is medical treatment. An attorney will never begin negotiating with the insurance company until after you complete your regimen of medical treatment. After you complete treatment, your attorney will work everything out and present the total demand to the other side. This must be done after treatment is completed because you simply won’t know how much the total damages are until you have completed treatment and been assessed by a medical professional.
For more information, or to speak with us about your situation, call (214) 651-6100 today.
Can I afford a lawyer?
Yes you can afford a lawyer for your personal injury claim. That is because the attorneys at Rasansky | McKenzie Law work on what is called contingency.
Contingency fees make quality legal representation accessible to everyone
Personal injury attorneys only get paid if the client receives money from those responsible for causing them harm. The attorney gets a percentage of whatever compensation they win for the client, plus any costs associated with pursuing the case. The client gets the rest. Most personal injury lawyers who handle accident injuries such as car accidents are contracted on a contingency fee basis.
If a lawyer takes the case and does not win in court the lawyer will absorb the cost out of pocket, not the plaintiff. This makes contingency fees work well for the plaintiff because the lawyer is paying all the cost, doing the work and taking the risk. Personal injury lawyers can put in hundreds of hours of work and hundreds of thousands of dollars in costs to prepare a case for trial. If they don’t win, they don’t get paid.
What are contingency fees?
A contingency fee is a prior arrangement between lawyer and client in which the lawyer receives a set percentage of the amount of recovery awarded to the plaintiff in a case. In most cases, monetary recovery is obtained through settlement, mediation, arbitration or trial. Generally, when a lawyer takes a case on contingency a client has no obligation to pay the lawyers fee unless the case is successfully resolved. Most lawyers usually have a contingency fee near 30-50% (depending on if the case is settled or goes to trial).
Personal injury lawyers who work on contingency take all risks in order to share in the rewards when the case settles in or out of court. The financial risk for an attorney working on contingency can be significant because in many cases the upfront fees can run into the tens of thousands of dollars, an amount the average person just cannot afford. There is a mutual benefit to this type of arrangement for both clients and the personal injury attorneys. The more compensation an attorney can settle the case for, the more the client receives and the more attorneys make. The attorney takes the risk, does all the work and collects a percentage of the settlement in return while the client receives justice, quality representation and a settlement to compensate for damages and injuries.
No upfront fees means little or no financial risk
A contingency fee arrangement means there is no financial risk to the injured person. Very few people could afford a lawyer if they had to pay attorney’s fees upfront or by the hour. Contingency fee gives common people access to quality representation, justice and compensation.
When you are injured because of someone else’s negligence or carelessness, you have a legal right to be compensated, or paid, for the damages you have suffered. Damages can include medical bills, pain and suffering, lost wages, loss of future earning capacity and property damage. These damages can be recovered, or paid back to you, by filing a personal injury claim in civil court.
Many insurance companies have their own lawyers and insurance adjusters who work diligently to minimize the payout you receive. Having an attorney on your side with resources to level the field could significantly increase the amount paid in a settlement.
What is "premises liability?"
Premises liability simply means that a landlord or property owner is responsible for injuries and accidents that take place on their land. If a person is seriously injured while on another person’s property, and that property owner was negligent in keeping their land reasonable safe from hazards, he or she may be responsible for damages related to the injury, such as medical bills, lost wages, future medical costs, pain and suffering, or mental anguish.
Examples of premises liability cases include dog bite lawsuits, slip and fall cases, swimming pool drownings, inadequate security lawsuits, and more.
If you believe you have a potential premises liability case, contact Rasansky | McKenzie Law today at (214) 651-6100.
Can I sue after a slip and fall injury?
Whether or not you can secure a monetary award from a property owner following a slip and fall accident depends on the particulars of the case. In all trip and fall cases, you must prove that the owner of the property was negligence and that your injury would not have occurred if the owner kept their property reasonably safe. In most cases, either the property owner knew about a danger and did not remedy it, or the owner was generally negligent in maintaining the safety of the property The best action to take after a serious slip and fall injury is to contact an experienced Texas premises liability attorney and ask for a free consultation regarding your case.
Can I sue after being bitten by a dog?
Whether or not you can sue a dog owner or property owner after being attacked by a dog depends on the circumstances of the dog bite incident. In Texas a dog’s owner may be liable for dog bite damages if he knew about the dog’s aggressive and dangerous history; was violating a local leash law; the dog attack was intentional; or if the owner was in some way negligent. To find out for sure whether or not you could receive compensation for damages such as medical bills, lost wages, and pain and suffering, consult a Texas dog bite attorney.
Who’s responsible for a dog bite or animal attack?
The responsibility for dog bites and animal attacks sometimes depends on the state in which the incident took place. In other words, some states operate on a strict liability clause that places legal responsibility on the owner – even if (s)he did nothing wrong regarding their obligation to protect others from an attack. In other states, the owner can only be held liable for injuries his/her animal inflicts if (s)he knew (or should have known) that the animal had the potential to attack someone.
These type of personal injury claims are generally covered by the animal owner’s homeowner’s insurance policy.
There are some cases in which contributory negligence may play a role as well. If the owner secured the animal on his/her property yet someone climbs a fence or wall or deliberately provokes an animal, the victim may be unable to recover compensation.
The truth is that these cases are complex and you really need to discuss the facts of your unique case with an attorney in order to understand what options are available to you. Our law firm will consult with you for no cost by calling (214) 651-6100 or emailing us using the contact form on this page.
Follow this link for more information about dog bite injuries.
What are the laws regarding texting and cell phone use while driving in Texas?
As of September 1st, 2017, texting and driving within the state of Texas is officially illegal. The offense is punishable by a fine of $25-99 for first-time offenders, and $100-200 for repeat offenders. Additionally, many Texas cities, towns, and municipalities have passed additional local ordinances regarding phone use while driving. In fact, at least 75 cities have enacted hands-free ordinances which go much further than banning texting while driving.
A few additional laws regarding the use of mobile devices while driving in Texas:
- All novice drivers are banned from using their cell phone (or any wireless communication device) while driving until their 18th birthday.
- All school bus drivers (those carrying passengers under the age of 17) are banned from speaking on the phone or texting while driving, and all bus drivers are banned from texting. In fact, the FMCSA has recently instated a federal rule prohibiting commercial vehicle drivers (including 18-wheelers, tank trucks, etc.) from texting while driving, even while stopped at a red light.
- No person may talk on a cell phone or text while driving in a school zone, though hands-free devices may be used in these areas.
For a more-complete rundown, see our page on Texas’ texting & driving laws.
Am I eligible for social security disability benefits?
If you cannot work because of an injury, condition, and illness, you may qualify for Social Security Disability benefits. However, you must apply for benefits through the Social Security Administration, who will determine whether or not you are disabled through examining your medical records and reviewing your paperwork.
Under the SSA’s guidelines, your condition must either last for more than one year or be ultimately fatal. In addition, your age, work experience, education, will also be factored in to their decision. Finally, they will analyze whether you are still able to do certain types of work, such as sedentary work or light work, as opposed to heavy work. You can be certain of whether or not you qualify for SSDI benefits from speaking with a Dallas Social Security Disability lawyer and applying for or appealing your application for benefits.
Why was my social security disability claim denied?
Far too many people assume that their initial application for Social Security Disability benefits was denied simply because they do not qualify for disability payments. However, it is important to understand that two out of three disability claims are initially rejected and denied for a variety of reasons other than eligibility.
Many people have their disability claim rejected simply because they do not follow the direction on the application process – they leave out important information or do not complete the application correctly. Others have their disability claim rejected because they do not thoroughly prove that they suffer from a disability or that their disability prevents them from working. Many people who are rejected are indeed disabled and can’t work, but do not provide the medical history and medical records proving these two facts.
Some people have their disability applications denied for valid reasons. These reasons include the fact that your disability was caused by a substance abuse issue, the fact that you have a criminal past, the fact that your disability is a short-term issue, or the fact that you earn too much income to qualify.
If your Social Security Disability claim was denied, speak with a Texas disability benefits attorney today to pinpoint exactly why your application was rejected and to understand whether or not it is worthwhile to appeal your case. Call Rasansky | McKenzie Law today at (214) 651-6100 to schedule a free, private consultation.
How long does it take to get social security disability benefits?
The amount of time it takes to successfully receive your social security disability benefits from the Social Security Administration depends on several factors.
If you have been diagnosed with a very serious and ultimately fatal disease that appears on the Social Security Administration’s List of Compassionate Allowances, your application for benefits will be fast-tracked. However, if your application is initially denied, you will need to go through the appeal process, which takes significantly longer.
Recently, the number of disability applications has been rising significantly and the SSA has been falling further and further behind in examining applications. But while the process may take a frustratingly long time in some cases, it is always worth the fight to get the Social Security Disability benefits that you rightfully deserve.
Does Texas have bicycle helmet laws?
Unlike many states, Texas does not require cyclists of any age to wear helmets while riding their bike. However, some individual cities in Texas have instated bicycle laws for kids and teens. For example, bicycle helmets are required for children when riding their bikes on public streets, sidewalks, or park property in Arlington, Austin, Dallas, Fort Worth, Houston, Benbrook, Bedford, Coppell and Southlake.
Until June of 2014, Dallas required all bike riders to wear a helmet, now the law only applies to those under the age of 18. In Dallas, it even used to be illegal to “remove both hands from the handle bars or feet from the pedals, or practice any acrobatic or stunt riding upon any street,” or to “participate in any race for speed or any endurance contest.” That’s right, it was actually illegal to pop a wheelie!
Twice in recent years, Texas lawmakers have attempted to institute a statewide law that would require minors to wear helmets while riding a bike, but both laws failed to pass.
Even though bike helmets are not required by law for most Texans, it is always a good idea to wear a properly fitted and buckled regulation helmet while riding your bike. Ask anyone who’s been in a bicycle accident and they’ll tell you the same. While helmets do not completely prevent head injuries or traumatic brain injuries, they greatly reduce damage done to the head during bike accidents and minimize injury. Very simply, regardless of the law, bike helmets save lives.
Do I need a license to drive a scooter in Texas?
A scooter does not fall under the classification of a normal passenger vehicle, so it is necessary to register it as a moped or motorcycle, which requires a class M license. Under the legal definition of a moped, it must meet the following criteria:
- Must be unable to achieve speeds more than 30 miles per hour.
- The piston displacement must be no more than 50 cubic centimeters.
- The operator must not be required to shift gears.
If a two-wheeled vehicle fails to meet all three of the above criteria, the owner must register it as a motorcycle. If the scooter or moped DOES meet those three requirements, you’re eligible for a “K” restriction. This basically means that you are exempt from taking a motorcycle test, but you’re also restricted from driving a motorcycle (even though you possess an M license).
What is proximate cause?
Proximate cause can be defined as an act from which an injury results as a natural, direct, uninterrupted consequence, and without which, the injury would not have occurred. It may not necessarily be the closest cause or the first event, which can make proving proximate cause a complex affair.
Courts use the “but for” rule in order to assess proximate cause and determine whether an injury would have occurred without the negligence of the defendant. Making the determination that the injury would not have occurred without the negligent factor then makes a particular act the “proximate cause” of the injury, although this alone does not establish liability.
Some jurisdictions choose to use what they call the “substantial factor” formula in order to determine proximate cause. This means the court considers whether the conduct of the defendant was a substantial factor in causing the damage; in this case the defendant will be held liable for resulting damages unless he or she can prove otherwise.
In order for a plaintiff to receive an award for damages because of negligence or another wrongful act, it is essential to determine fault and prove the negligent actions of the defendant were the proximate cause of damages to the plaintiff (and not some other action).
Can I fire my current attorney and hire you?
In most cases, a client is free to change attorneys at just about any time. However, the problem is if you are already represented, it may be difficult to find another attorney who is willing to discuss your case at all due to ethical concerns that may exist from speaking with a client who already has legal representation.
If you are thinking of firing your current lawyer, the first thing you should do is schedule an appointment to address the concerns you have. If you are still unhappy after meeting with your lawyer, you’ll want to send a letter terminating the services of the law firm and requesting your case files. Keep a copy of this letter, as your new lawyer will likely want to see it as proof you have legally and properly terminated the contract.
What are your disclaimer terms?
Full disclaimer terms can be found here: https://jrlawfirm.com/disclaimer-terms/