The Morris Law Firm Blog

June 1, 2012

Texas Injury Law

Filed under: General, Personal Injury, Workers' Compensation — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 8:18 pm

We talk to people every day that have been injured as result of an accident.  I doesn’t matter if they were injured in an auto accident, work related injury or any other accident.  There are certain facts that we share with our clients to help their claims to run smoother and are generally a good practice.

Report the Accident: Report all accidents.  Even if no one appears injured, it is good to fill out and incident report or contact your insurance carrier about the accident.  This will protect you if you later find that you have property damage that went unnoticed or if you find that you’re injured from the incident.  It is always easier to turn down assistance, then to request it for an incident that was not reported.

Get a Medical Examination: After a traumatic event, our bodies go into shock.  You may feel like it is nothing serious after the accident, only to find out later that you’re dealing with serious injuries.

Therefore, even if it does not feel that serious right after the accident, get examined by a medical provider.  If it is nothing serious, you’re out a just a little time of a day.  If it is a condition that will require treatment, the insurance is more likely to accept a condition that is discussed soon after the accident.

The Insurance Company is not your friend: It should come as no surprise to anyone that insurance companies are for profit businesses.  The huge profits made by insurance companies, are not made by paying premiums.  Profits are made by denying or minimizing claims.

Like any other business, there are good and bad people that work for insurance companies.  However, when dealing with an insurance claim, make sure that you provide only accurate information.  Do not state facts that you are not sure of or that you don’t remember.  They will record and use any inconsistencies against you.  Good legal representation will help to these problems.  Get legal advice early in your claim to avoid serious problems with your claim.

Conclusion: Most people prefer to have never been involved in an accident that caused injuries.  However, life happens.  When it does, follow the above steps to make your path to recovery as easy as possible.

Daniel L Morris

The Morris Law Firm, PLLC

(214)357-1782

info@themorrisfirm.net

March 8, 2012

WALMART GOES NON-SUBSCRIBER IN TEXAS

Filed under: Personal Injury, Workers' Compensation — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:14 pm

There is an old saying “Don’t piss on me and tell me it’s raining.”  This was my first thought when I read Walmart’s explanation of why they are becoming a non-subscriber in the State of Texas.  They claim “we want to be certain Walmart Associates have access to quality physicians and receive prompt, fair, and excellent care.”  (Page 5 of Texas Injury Care Plan).  Walmart does this by limiting in almost every aspect the ability their Associates handle they work injury claims.

Under their new plan, Walmart has changed the benefits to their Associates when injured in the Course and Scope of their employment.  There are many differences from the Texas Workers’ Compensation system.  Injured Associates should familiarize themselves with the requirements of the Texas Injury Plan.

Indemnity Benefits

The Plan limits salary replacement benefits to 120 weeks.  While, the Texas Workers’ Compensation system allows for up to 104 weeks of Temporary Income Benefits, three weeks of benefits for each point of impairment rating and supplemental income benefits for workers who receive over a 15% impairment rating, resulting in benefits for up to 401 weeks.  So, Walmart’s new plan provides less than 1/3 of potential weeks of indemnity benefits.

Medical Treatment

Walmart will also cap medical treatment at 120 weeks.  Under the Texas Workers’ Compensation system, workers’ have lifetime medical treatment to treat the effects of the compensable injury. Under the Plan, if an Associate disagrees with the Walmart doctor, the injured Associate may have a onetime evaluation with another doctor (paid for by the Associate), Walmart will review this record when they make treatment decisions.

Conclusion

Walmart has created a completely different system with very few of the benefits going to their injured Associates.  However, by going non-subscriber, Walmart has lost their statutory protection from being sued for claims of negligence. So, if an Associate is injured as the result of an act of Negligence, they potentially have a claim for damages against Walmart.

The Morris Law Firm (214)3571782 email info@themorrisfirm.net

May 6, 2011

Texas School Kids injured in Dart Escalator Accident

Filed under: Personal Injury, Uncategorized — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 12:50 am

An escalator at DART’s Mockingbird Station apparently malfunctioned today.  While riding the escalator down a group of students and their guardians felt the steps speed up as if there was nothing holding them back.  They all crashed together at the bottom of escalator.  One student appears to have suffered a broken leg.

The cause of the accident is currently under investigation.  However, there are reports that DART has not turned in any inspection reports for the last year, which violates the Texas Department of Licensing and Regulation Code.

Texas Health and Safety Code, Chapter 754, requires building owners to obtain an annual safety inspection on all elevators, escalators and related equipment every 12 months, or possibly be subject to administrative penalties of up to $5,000 for each violation of this law.

If it is found that DART was in violation, they could be found guilty of the fine and possibly negligent in the accident of the passengers.

The Morris Law Firm, info@themorrisfirm.net (214)357-1782.

April 12, 2011

Texas Auto Accident Negligent Entrustment

Filed under: Accidents, Personal Injury — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 3:44 pm

In the last few years we have seen a growing problem with defendants in auto accidents that do not own the vehicle.  The insurance carrier on the vehicle tries to deny the claim on the premise that their insured was not a party to this action

As you will hear from us quite often, you do not sue an insurance company; you sue a party who may be insured.  Your cause action against the defendant driver is clear.

If the defendant driver is an excluded driver on the auto policy, it is very unlikely that the insurance company will defend him/her.  The defendant driver may have an auto policy that covers him/her.  If it is found that the driver did not have insurance, he may lose his license.  But, it is unlikely that this will be discovered until the litigation process begins.

You may also have a cause of action against the owner of the vehicle for Negligent Entrustment.  The owner’s insurance company may then get involved to cover the owner.  To establish Negligent Entrustment you must show that:

1) The owner entrusted the automobile;
2) to a person who was an unlicensed, incompetent, or reckless driver;
3) who the owner knew or should have known was incompetent or reckless;
4) the driver was negligent; and
5) the driver’s negligence proximately caused the accident and the plaintiff’s injuries.

When it comes time to file a lawsuit, you need to discover all potential parties.  Next, find each defendant’s insurance carrier or at least make sure that the defendant is not completely judgment proof.

If you have any questions about your auto accident, call the Dallas office of The Morris Law Firm at (214)357-17872 or reach us via email at info@themorrisfirm.net.

November 9, 2010

Uninsured or Underinsured Motorist Coverage

Filed under: Accidents, Personal Injury — Tags: , , , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 8:12 pm

The Texas Insurance Code Title 10 §1952 provides for Uninsured and Underinsured motorist coverage. Underinsured/Uninsured pays the insured directly for property damage and bodily injuries, not to exceed the limit specified in the insurance policy. Payments for property damage will usually carry a $250.00 deductable.

An insured who has collision coverage and uninsured/underinsured coverage, may recover under both types of coverage. The insured shall designate one coverage as the primary coverage. When the primary coverage is exhausted, the insured may recover under the secondary coverage.

The insurer has the burden of proof as to whether a motor vehicle is uninsured. Cases should be handled in the county where the beneficiary instituting the action resided at the time of the accident or the county where the accident occurred.

If you have any questions as to your unisured/underinsured coverage, do not hesitate to contact the Morris Law Firm, at our Dallas office by calling (214)357-1782 or emailing us at info@themorrisfirm.net

October 27, 2010

Personal Injury Protection (PIP)

Filed under: Accidents, Personal Injury — Tags: , , , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 8:10 pm

Texas auto insurance policies are required to include Personal Injury Protection (“PIP”) coverage unless the policy owner specifically rejected that coverage in writing when the policy was purchased. (See Texas Insurance Code §1952). The benefits are paid without regard to whose fault the accident was and even when the party has a collateral source to pay the expenses.
The PIP benefits are paid for:
1) Necessary medical, dental, hospital, professional nursing or funeral services;
2) Replacement of income lost as a result of the accident; or
3) Reimbursement for expenses incurred for services ordinarily performed by the injured person.
The benefits are to be paid no later than the 30th day after the insurer receives satisfactory proof of a claim. The insurer may require proof as to the expense mandating the payment of the PIP benefits. If the insurer fails to timely pay the PIP benefits, the person entitled to the benefits is entitled to recover reasonable attorney’s fees, a penalty of 12% and interest.
The insurer shall exclude benefits in the insured’s conduct contributed through an intentional act which caused the injuries, while in the act of committing a felony or seeking to elude lawful apprehension by a law enforcement official.
Depending on the circumstances of your accident, you may be entitled to other types of benefits (i.e. workers’ compensation, short term disability, etc.). Do not hesitate to contact our Dallas office at (214)357-1782 or email info@themorrisfirm.net. Not all claims are straight forward. Have an experienced attorney on your side.

October 19, 2010

Family Member Expemption

Filed under: Accidents, Personal Injury — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 1:30 am

Hunter v. State Farm County Mutual Insurance Company of Texas, 2008 Tex. App. (Tex. App. — Fort Worth December 18, 2008, no pet.)(mem. op.)
A minor child was injured in an auto accident while riding in a vehicle driven by her sister. She settled a liability claim against her sister, insured through the family policy. She also made a claim against the underinsured motorist coverage, which State Farm refused, so plaintiff filed suit. The trial court granted State Farm’s motion for summary judgment.  The State Farm policy contained a family member exception. Exception is to definition of “uninsured motor vehicle.” It “does not include any vehicle or equipment:
Owned by or furnished or available for the regular use of you or any family member.”  Plaintiff argued exception violated public policy.  The Fort Worth court, citing many cases, found the policy language did not contravene public policy.

June 14, 2010

The Day of The Car Wreck

Filed under: Accidents, Personal Injury — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 2:23 pm

Most of us will get in at least one auto accident during our lifetimes. Sometimes the experience runs smoothly. However, the more common experience is one of frustration.

Your actions immediately following the accident will influence how your claim is handled and ultimately resolved.

At the scene of an accident, most of the people involved are in shock and may not be thinking clearly.  Though not usually admissible in court, do not make expressing fault or that you were not injured.  In my own car wreck, I claimed that I was fine, even though I needed twelve stitches across my forehead and woke the next morning unable to move my head for over a month.

At the scene of the accident

Get as much information as possible:

-Contact information from all the other drivers

-Title and insurance information from all the vehicles involved

-Name and contact information from all the witnesses

-Take pictures of the vehicles involved and the accident scene

Vehicle

What is the condition of your vehicle after the wreck?  Is it drivable?  Does your vehicle have to be towed?  There are storage lots that charge up to fifty ($50) dollars a day to store your vehicle.  Call (214)357-1782 at the scene of the accident; the attorney can contact a body shop that will give you a fair rate and quality work.

If your vehicle is totaled, take your personal items at the scene of the accident.  If it is not possible, do it as soon as you can.

Injuries

Even if you’re not taken to the hospital, you may have injuries that require medical attention.  Your attorney can assist you in finding the right clinic.  You will need a clinic that will provide proper care without over charging or providing services that you don’t need.

Make sure to get a medical exam as soon as possible.  Even if you only feel sore, some injuries manifest as soreness, and then get worse as time goes on.

Insurance

Contact your insurance company to report the claim.  However, do not contact the other driver’s insurance company.  Never give the other driver’s insurance company a statement or sign any paperwork without the attorney.

Conclusion

If you follow these simple but essential steps, you will avoid many of the pitfalls that people encounter after an accident.  At the Morris Law Firm we can assist you through the whole process.  Call us at (214)357-1782 Immediately, we are located in Dallas, but can serve clients throughout the state.



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