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Posted by on Aug 6, 2017 in Personal Injuries | 0 comments

Drunk Driving in Texas

Across the United States, there is a starting number of drunk driving accidents that occur each year. Although drivers are aware of the serious consequences that can come from driving while intoxicated, this does not prevent many people from driving even when they are over the legal alcohol limit. Due to the high number of injuries and deaths that occur each year as a result of drunk driving, many states are facing complaints that they do not take drunk driving seriously and that the consequences for driving drunk are too lax. However, according to a recent article by My San Antonio, Texas has some of the strictest drunk driving laws in the country.

Texas has ranked as the 13th toughest state for DWI charges, due to the severe penalties these drivers face and the significant number of prevention tactics in place across the state. In July of 2017 alone, Bexar County saw 43 DWI arrests according to country records. This number increases the number of DWI arrests in the county to 355 in the first half of 2017. For just one county in the entire state of Texas, this is a significant number of people who are facing consequences for their reckless actions. In all of 2016, there 590 DWI arrests in the county, and 2017 numbers indicate that the area is on track to meet or beat their previous year’s DWI arrest numbers. This indicates the county’s dedication to catching and penalizing individuals who engage in drunk driving. Across Texas, the penalties for a DWI arrest are severe and will result in a minimum of three days in jail after a first offense and a minimum of 30 days in jail after a second. Additionally, Texas is the only state where prior convictions will always be considered in future sentencing, no matter the length of time between arrests. Although Texas does not have any minimum fines associated with DWI arrests, drunk drivers will still face a significant financial cost, as insurance rates increase on average 44% after a DWI. With these penalties in place, Texas is working to end the number of serious accidents caused by drunk driving.

Although strict penalties are not a perfect solution to end drunk driving, they are an important step in the process. All states across the nation should require penalties at least as strict as those that Texas has in place, in order to discourage people from driving drunk. Although not all accidents can be prevented, stopping people from driving while intoxicated can prevent a large percentage. No one should have to face the physical or emotional losses that come from a serious accident.

Fortunately, individuals and family members harmed by a drunk driving accident can take action to help manage their financial losses.

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Posted by on May 29, 2017 in Personal Injuries | 0 comments

Your Rights as a Long-term Disability Insurance Claimant

Insurance is a business after all, so it is not surprising that insurance companies will do everything they can to minimize the money they put out and maximize the money they put in. So, they may deny claims, and there are instances where even legitimate claims are denied. This can be a moral and legal issue, but that is for another article.
According to the website of Fields Disability, it is possible to make an appeal, so the insurance company can reconsider its decision of denying your claim. But before making an appeal, it is important to know your rights as a person who is claiming for long-term disability coverage.

Right to get a copy of your insurance policy

You and your employer or insurance company have agreed upon on an insurance policy, indicating the terms and conditions of the insurance, such as what constitute as a disability and what doesn’t. It is important to get a copy of this insurance policy so you can know what aspects of your claim you can improve so your claim will be more viable.

Right to check your medical records

Of course, one of the most important things in a long-term disability insurance claim is evidence that you are actually disabled. You have the right to take a look at your medical records, such as X-rays, MRI’s, reports regarding emergencies, medications, surgeries, and other documents that may bolster your claim. This is because there is a chance that the medical professional and insurance company has missed a significant part of your medical condition, resulting into the denial of your claim.

Right to check your file in the insurance company

If your claim has been denied, you can go to the insurance company and request for a copy of your claim document and their denial letter, so you can better pinpoint the parts where the denial may have risen from. This way, you can specifically target these parts for improvement to better your chances of being granted coverage.

Right to appeal the denial of your claim

This is arguably the most important right you have as a long-term disability insurance claimant. Whether your claim is weak or strong, you have the right to appeal to the insurance company to reconsider their decision to deny your claim. Yes, this can actually change things, especially if you exercise your other rights and improve your claim.

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Posted by on Apr 29, 2016 in Personal Injuries | 0 comments

How To Seek Damages For A Dog Bite

They say that dogs are a man’s best friend. They can protect your property, your belongings, and they make a great companion. But things can get out of hand sometimes and in one moment you could find yourself embroiled in a dog bite lawsuit. Getting bitten by a dog can be fatal due to the rabies that could easily spread throughout your body. Before anything else, you need to seek medical attention as you can get seriously injured, infected, or worse, die. In fact, the Cleveland Clinic says that outside of the United States, dogs are the most common source of rabies transmission to humans.

Once medical treatment has been done, you can try to hold the owner of the dog liable for damages. According to the website of Karlin, Fleisher & Falkenberg, dog bites can be traumatic because it will require extensive medical and rehabilitative treatment. If you plan to file a lawsuit against the owner of the dog, you may first need to understand the laws in your state regarding dog bites. Aside from that, it is important to know that these lawsuits are not resolved quickly and may take a few months or years to have a conclusion.

Proving Liability

Proving liability is the main concern when it comes to dog bites. You and your lawyer will have to work hand in hand to show in court that the owner of the dog was liable for the injuries you sustained due to the dog’s behavior. Depending on the state you are in, holding the owner liable can be a real challenge.

In some states such as in California, dog bites are governed by strict liability laws. This means that any injuries that result from the dog bite will make the owner at fault. The only time the owner will not be held liable in a strict liability law state is when you were trespassing in the property of the owner or if it can be proven that you were taunting the dog.

Likewise, in other states, liability is governed by the “one bite” law. In a state like Texas, for example, a dog owner is not responsible for any injuries, if it was the first time you were bitten by a dog. However, succeeding bites will make the dog owner liable. According to the website of the Benton Law Firm, the owner of the dog can also be charged with second-degree felony or imprisonment of up to 20 years if the victim dies after the dog bite.

It is worth noting that even if your case does not comply with the requirements to make the owner liable in a strict liability or one bite state, you can still prove negligence on the part of the owner. You can still charge them due to their violation of the leash law, which allowed the dog to attack you. This way, you can still charge the owner even if it is the first time that their dogs bit you.

The Process

The dog bite lawsuit commences when your lawyer sends a demand letter to the owner of the dog informing them of your intention to press charges, your injuries, the argument, and the acceptable settlement amount.

After sending of the letter, the period of negotiation comes. Your lawyer will try to negotiate a settlement agreement that is favorable to you. If the other party does not agree, then your lawyer will now file the formal lawsuit against the owner of the dog.

At the trial stage, the prosecution and defense will now proceed with the presentation of their evidences by presenting their witnesses. The jury will then deliberate and give their verdict.

Dog bite lawsuits can be a long and draining process so you need to ask yourself whether it is worthwhile to pursue a case against the dog owner.

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