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

June 23, 2011

Texas Driver Responsibility Program

Filed under: Criminal, General — Tags: , , , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:49 pm

What are the ramifications of getting tickets in the State of Texas?  If you get a moving violation, the first worry that we have is that our insurance premiums will go up.  The cost of auto insurance is a large percentage of our driving costs.

However, the insurance is only one of the costs.  Under the Texas Driver’s Responsibility Program, if you get a moving violation conviction, you receive 2 points and if the violation results in a wreck you’ll receive 3 points.  Once you are given the points they stay with you for three years.

If a driver has 6 points, there is a $100 surcharge assessed to the driver.  There is a $25 additional charge for each point beyond the six.  The charge is assessed for each year the driver has 6 or more points.  The surcharge is for each year that the driver has 6 points or greater.  No insurance or an invalid driver’s license will cost you an additional $250 per year, or $100 if your license has expired.

The highest charges are for convictions of driving while intoxicated.  If you are convicted of a first time DWI charge, you will receive a surcharge of $1,000 per year for three years.  A subsequent DWI charge will cost you $1,500 per year for three years.  And finally, if your blood alcohol concentration is over .16, it will cost you $2,000 per year for three years.

Do not ever plead guilty to any of these charges without consulting an attorney first.  If you need assistance or have any questions regarding criminal charges or a moving violation, contact the Dallas office of the Morris Law Firm at (214)357-1782 or via email at info@themorrisfirm.net

November 1, 2010

Wrongful Termination

Filed under: General, Workers' Compensation — Tags: , , , , — The Morris Law Firm 702 S. Beckley, Dallas, Texas, 75203 (214)357-1782 @ 7:06 pm

Sustaining a work related injury in Texas can be difficult and wrought with problems–navigating the Division of Workers’ Compensation, dealing with the claims adjuster, and finding a medical provider are just a few of the problems facing injured workers. One of the common but most ignored problems involves the discrimination an employee faces from an Employer after filing a workers’ compensation claim. Many employees are discharged shortly after filing a workers’ compensation claim, which creates all new problems for the injured employee once the workers’ compensation injury resolves. Moreover, many employees receive demotions, reduced hours, or reduced pay after a claim is filed. However, the Texas Labor Code provides protection for injured workers from retaliatory and discriminatory behavior by Employers and specifically prevents certain conduct by Employers.
Section 451 of the Texas Labor Code specifically prohibits anyone, including an Employer, from firing or discrimination against an employee because the employee (1) filed a workers’ compensation claim in good faith; (2) hired an attorney; (3) instituted an administrative proceeding in the DWC; or (4) testified or is about to testify in a Division of Worker’s Compensation Benefit Review Conference or a Benefit Contested Case Hearing.
If an Employer violates or takes any action contrary to Section 451, the employee has a cause of action against the Employer. This lawsuit is separate and distinct from the workers’ compensation claim and does not involve the insurance carrier or the DWC. This lawsuit is also separate from the Federal Equal Opportunity Employment Commission (EEOC) and does not involve any Federal claims, making the case fairly simple and straight forward. An injured worker can seek monetary damages for the lost income and the value of lost fringe benefits (such as health insurance) that resulted from the discharge or discriminatory action.
If you have any questions about a wrong termination claim, do not hesitate to contact us at our Dallas office (214)357-1782, email us at info@themorrisfirm.net , or www.themorrisfirm.net .

Powered by WordPress