Getting into an accident is by far one of the most unfortunate experiences that individuals can have. Depending on the severity of an accident, it can leave them in a tough state. An individual can experience a vast range of damages, particularly physical and emotional ones. These damages can be life lasting and can have a tremendous effect on their day to day lives. Although many of these victims find themselves in difficult circumstances, they are still alive. For the most part, they can speak, breathe, eat, and be amongst their loved ones. They can continue with life and can adapt to the changes they’ve gained. Sadly, there are individuals do who pass away due to an accident, leaving loved ones behind. If an accident resulted in the death of an individual, his or her loved ones could potentially file a wrongful death lawsuit. 

What is a Wrongful Death Claim?

Persons can file a lawsuit on a wrongful death basis. Wrongful death refers to a person who has died because of the negligence and reckless behavior committed by another individual or entity. Through wrongful death claims, survivors can seek compensation for a variety of damages. The damages that survivors are suffering can come in many ways, but proving a wrongful death claim can become difficult. Also, there are statutes of limitations regarding such claims. In Texas, for example, a claim must be filed within two years of the event. Because of this, survivors must obtain a capable attorney that will fight to receive the compensation they are seeking. 

Most common Types of Wrongful Death Cases

Below are some of the most common types of wrongful death cases:

Car Accidents:

In Texas, there are about 15.8 million licensed drivers. With that incredible amount of drivers, it is to no surprise that car accidents are occurring almost every single day. Unfortunately, because there are accidents that are frequently happening, many untimely deaths can occur each year. Car accidents can result because of many elements. Reckless driving is atop of the list. The driver perhaps was speeding and could not stop quick enough to prevent an accident. Perhaps the driver was distracted because they were on the phone, or was distracted for any matter, which ultimately caused the accident. 

Construction, not following road signs or laws, and drunk driving also can play a part in the wrongful death of a person(s).

Truck Accidents:

Although trucks are technically considered vehicles, there is a key difference. Their impressionable size can play a major role in an accident. Because these vehicles are so large and can weigh so much, any other smaller vehicles with passengers are even more likely to experience significant damage. Not only can they be completely wrecked, but the individuals within the automobile can also suffer severe physical damage and death. Truck accidents can occur because the driver did not turn properly, the trucks experienced mechanical issues, and the trucks had a load of products or material that was too high for the truck to manage. 

Truck accidents can also occur if the driver was under the influence of drugs or alcohol as well as sleep deprivation. 

Motorcycle Accidents:

A motorcycle is certainly an alluring vehicle. They can maneuver effectively when average size vehicles like sedans surround them. You perhaps have seen how quickly they can move when you witness one operate on the road. As fascinating as they are, drivers of motorcycles can experience severe consequences on the road. Many accidents that occur relating to this vehicle occur because drivers could not see an incoming motorcycle driver when switching to a different lane. A motorcycle driver can be left with serious injuries, such as paralysis, spinal cord injuries, back and neck injuries, and ultimately injuries can result in death. Also, many accidents of this nature occur because of construction hazards and not following road laws and regulations. 

Medical Malpractice:

Many people confide in medical professionals such as doctors and nurses to cure them of their ailments. They are admired for their intelligence, their compassion, and their diligence to save individuals under tremendous pressure. Although these professionals went through years of training to get to the positions that they are, they can also make great mistakes when in contact with a patient. They committed an act in which they did not follow certain directions and procedures, like in surgery, they misdiagnosed a patient, or they did not provide proper treatment to a patient. Medical malpractice can come with serious consequences for these professionals if found liable for the death of a patient. 

Defective Products:

People consume a variety of products every single day. They perhaps take prescription or over the counter medication, they eat certain foods that are packaged, such as vegetables and canned goods. Parents go to a store or purchase products online in order to obtain toys for their children. We depend on transportation, such as cars and buses to take us to work, school and other places. Almost all of these products go through a series of testing in order to make sure they are not defective. Unfortunately, they are cases in which items of this nature do become defective, and they can bring serious consequences to consumers, and that includes death. A wrongful death claim can certainly be filed for these reasons as well. 

Workplace Accidents:

Work accidents occur frequently in many different industries. Although this is certainly the case, workplace accidents frequently happen in industries where there are significant amounts of hazards, such as the construction industry or any other industry where workers perform significant manual labor. The damages that victims of such accidents can experience are immense. There are industries in which workers are exposed to certain diseases or ailments which ultimately can result in death. There are accidents that also occur in the most unexpected of places, such as jobs that are office or administrative based. If a person was assigned to work in an unsafe area of an office, they can certainly experience an increased risk of injury that can lead to serious consequences. 

Burden of Proof

The success of a wrongful death claim depends on the evidence presented to the court. Plaintiffs must demonstrate that there is a preponderance of evidence. What this means, is that quality of proof is much more substantial the quantity of it. Because of this, it can be difficult to achieve a positive result in a wrongful death case if evidence and other material are not up to par. We cannot stress enough the importance of a qualified lawyer to help you navigate a process such as this. Through evidence and witness accounts, individuals must prove that there was negligence due the reckless behavior or certain carelessness that came from the defending party. Individuals must also prove there was a breach of duty. For example that if a driver was not able to drive according to the law, he or she might have breached the duty of driving safely in accordance road laws and regulations. Other aspects that individuals should prove to the court is that whether the injury that the defending party, because of their reckless behavior, caused the death. This is known as causation. You must also prove that the death of the victim created significant emotional and financial damage such as medical expenses and loss of income.

Potential Damages

The damages that can be awarded to survivors can be classified in distinct ways. One of the most common types compensation for damages that are awarded are economic or financially based. Since the victim is no longer present to pay for certain expenses, damages are awarded to protect the financial interests of loved ones. Some of the damages that are compensated and recovered include medical expenses, funeral expenses, loss of the victim’s earnings, any pension plans, and an inheritance. Compensation is also provided if the victim’s loved ones suffered emotional and mental damages. When a victim dies, loved ones can be left without their care and guidance. This can create a significant impact on the lives of the survivors which is why compensation for emotional and mental damages can potentially be awarded. Attorneys fees that survivors accumulated can also be covered with damage compensation. 

Survival Actions

Before a victim died of significant injuries, he or she perhaps sought to obtain compensation for the damages suffered. Because death eventually resulted, the victim’s loved ones can seek to obtain the compensation the victim wanted to acquire through survival actions. The surviving family members can file such claims alongside a wrongful death claim for the benefit of the family’s estate. Survival actions claims can be awarded and can be determined in a variety of ways, such as the amount of pain inflicted and the duration of suffering the victim endured.

As you can see, being able to successfully receive compensation through a wrongful death claim can be a challenge for many families and loved ones. But it is certainly nowhere near being impossible. Loved ones who are seeking justice through this claim need to be surrounded by attorneys that will fight to obtain every cent they deserve. We understand that it is extremely difficult for loved ones to be concerned with legal matters when in reality, these individuals would simply prefer to heal on their own and at their own pace. Unfortunately, this simply cannot be the case. Because there are statutes of limitations, loved ones have to act quickly in order to receive compensation for damages. Although you may seem that you are alone in this process, we assure you that you are not. We are here for you. We will fight until the very end in order help you get the justice you deserve. 

If you would like more information on filing a wrongful death claim, contact the Law Office of Yates and Associates to speak to a legal counselor at your convenience.

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When experiencing an accident, the last thing on your mind is perhaps hiring an attorney. You are partially right. One of the first things that you should do include filing an insurance claim, and most importantly, seeking medical help. If you have achieved doing these steps, then you are on your way to getting back to your everyday life. For other individuals, successfully executing these steps can become an obstacle. Since it can become difficult to obtain such resources, the guidance and services of an attorney become an instrumental part of having financial, physical and emotional relief. Some people forgo having an attorney by their side: that is their right. Although individuals may have such a right, we would advise them to reconsider such a decision. There are significant reasons as to why people who have experienced an accident need the counsel of a legal professional.

Below are some of the most central reasons as to why:

Can’t Determine Who’s at Fault?

Sometimes, it’s not easy to determine which entity is actually at fault for influencing an adverse outcome such as an accident. There are many different forms of accidents in which multiple parties can be found at fault for causing such events. What if there was an accident that occurred on the road? It sometimes isn’t easy to determine which party was at fault, especially if there was an accident where multiple cars were involved. What if you were working in an area where there was a significant amount of hazards present, such as a construction zone, then you were perhaps at high risk of suffering an accident. What if you were injured in such an environment? Can you accurately pinpoint the reasons as to why you were hurt? You can say that a specific object or material caused your accident, which is true, but have you ever questioned if this material was defective from the beginning? Not only can a manufacturer be found at fault, but the organization that provided such products can be liable as well. As we have mentioned, many parties can be found at fault for many forms of accidents, such as a defective item that caused significant injury or a motor vehicle accident. An attorney can help you determine with accuracy which parties can be found liable for your physical and emotional and financial damages.

Insurance payout doesn’t cover everything?

We have all heard stories about how insurance companies do not provide the funds necessary to help their clients obtain some form of alleviation for their damages. Many people have to fight tooth and nail to get the most basic form of relief. Some individuals can successfully file a claim with a just payout, but for many other individuals, the same cannot be said. If you believe you were not provided with just coverage for your damages, then hiring an attorney is something that you may have to consider if you would like to obtain the best coverage from your insurance company. Below are some of the ways attorneys can be of help to your insurance concerns.

Severe Injuries:

The injuries that come with experiencing an accident can become detrimental to the livelihood of the individual who suffered such misfortune. The physical trauma is simply overwhelming. The injuries that a person can experience during an accident are of a vast range. Minor injuries can include cuts and bruises, but the most severe of injuries can change the course of someone’s life. Some injuries can lead to paraplegia, quadriplegia, second and third-degree burns, and other critical forms of trauma. The emotional and mental effect of having such injuries can be detrimental to the health of the person who has suffered such injuries. Knowing that the person has to live for their rest of their with such injuries, will not only leave permanent physical scars but perhaps the emotional wounds that were created will not be able to heal as adequately. An experienced attorney will help individuals get the justice their deserve by knowing exactly how to combat insurance companies with the right compensation for the severe injuries a person has suffered due to an accident or injury.

Costly Medical Bills:

Did you know that one of the biggest causes of bankruptcy in the United States is due to expensive medical expenses? There is a sea of individuals in this country who need constant medical care. A lot of these patients require ongoing care not only because they have a chronic disease that was perhaps caused genetics, but by an accident or injury that an individual has suffered. Life changes when a person suffers an accident, but this is especially true if an individual has suffered life-altering injuries. Many Americans live in constant fear that their medical insurance coverage will not be enough to cover the medical expenses of injuries sustained due to an unfortunate event such as an accident. If you individuals believe that an insurance company is not providing the funds necessary to cover medical expenses, they will need to partner with an attorney that will fight to obtain the funds necessary to cover expenses for the duration of an injury, including funds to cover expenses for injuries that require long-term medical care.

Loss of Job or Wages:

Suffering an accident can lead to having injuries that can prevent many individuals from doing work related responsibilities. Not having the ability to work can bring negative consequences to the individual who has suffered injuries, especially if he or she has a family to support. Everything from a mortgage, rent, utility expenses, food expenses, and other costs that are needed to be made in order to live a productive life may not be made because an accident prevented them from returning to work. There is a significant amount of Americans that live paycheck to paycheck, and they cannot afford to miss a single day of work because if they do, the consequences can be great. This can worsen if an accident occurs. Many Americans do not have an emergency account, where they can live on those funds for several months without having a reliable source of income.

Because of this, the individuals who suffered an accident may find themselves in the most unfortunate positions. These individuals are already emotionally troubled because of the injuries they have suffered. The stress can become overwhelming when they know that they cannot work and provide an income to their households. This exacerbates their mental and emotional health. An attorney can fight for wages lost and will help individuals get the best compensation possible in order for them and their dependent loved ones to have peace of mind.

Need to go to trial or file a lawsuit?

Having an experienced attorney by your side is necessary to obtain the best judgment regarding a personal injury case. Many individuals believe that they are not in need of an attorney and that they can represent themselves in the court of law. This can be a costly mistake. Attorneys know how to navigate the court system more efficiently than individuals who are not trained in law. When it comes to personal injury attorneys, they know how to combat insurance companies, and can identify with great accuracy if their client is not being given the proper funds to help them with the injuries obtained in an accident. They know what to say, they know the legal terminology, the research skills, the oratory skills, as well as knowing how to draft proper legal documentation to increase the possibility of having favorable judgment in the court. Also, personal injury attorneys work under a contingency manner, meaning that attorneys only obtain an earning if a client wins their case. This means that individuals will not be held responsible for any fees that an attorney may charge. So, if cost was something that an individual would be concerned about when considering in hiring an attorney, they need not worry.

Because of these reasons, we believe that victims of accidents or any other injuries should consider having the best attorneys by their side to obtain the maximum amount of compensation if going to trial or filing a lawsuit becomes the most reasonable option.

As you may know, dealing with an insurance company can be a hassle. This is especially true if you know that you are not getting enough resources necessary to deal with injuries suffered. When you have done all that you could, and you no longer have the ability to fight insurance companies, you will need the help of individuals whose lives are dedicated in fighting for the rights of individuals who have suffered injuries in an accident of any kind, from a motor vehicle accident, to an injury occurred in the workplace. Knowing that you have someone by your side, that is fighting for your rights and compensation brings peace of mind. The difference between hiring and not hiring an attorney is simple: With the Law Office of Yates & Associates, you will not be alone in the fight of obtaining fair compensation. We will fight to obtain the best outcome possible for your personal injury case.

Now that you have an understanding on how essential having an attorney by your side is, if our advice solidified your need to seek legal representation for your personal injury case, contact us to see how we can help you obtain the compensation and justice you deserve.

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Do you remember the first time you were behind the wheel? The emotions you feel when you first drive is exhilarating, yet intimidating. We are confident these feelings intensified when you received your driver’s license. Obtaining a license means that you are legally able to drive, and driving, in essence, signifies a sense of independence and liberty. It is merely enjoyable knowing that you achieved this significant step. You know that you’ve worked very hard to obtain your license. You’ve studied plenty during the course you took, you’ve practiced significantly for your driver’s test. But with all of that preparation, nothing prepares you for what you may experience when you are officially on the road with the rest. It is perhaps an experience that no one would like to know. This experience is a car crash. This event can be an unfortunate one, but we are here to provide you with some advice if you ever find yourself in such circumstance.

Top Do’s and Don’ts after an Accident

Below are some of the things that you should and should not do when you have experienced a car crash:

Do Get Off The Road (If You Can):

You should get off the road immediately, especially knowing that you have experienced significant damage to yourself or your vehicle. You may be at risk to suffer other forms of damages because of the danger that you submit yourself when you are on the road if there is no traffic created. This means that you may perhaps be more at risk of being hit by a car that is driving at a significant speed. Also, you need to make sure that you are not obstructing traffic. The car crash that you may experience can cause traffic to slow down, and that may cause more problems to other individuals. If you can’t get off the road, wait for a tow truck or for a police officer to arrive, and try your best to be safe on the roads with significant traffic.

Don’t Leave The Scene:

Although you may be afraid that you may experience certain consequences for an accident, especially if it is determined that you are the at-fault party, your situation can worsen if you do leave the scene of an accident. You may be charged with a hit and run charge. These charges should be taken seriously. In Texas, depending on the severity of the accident, a driver can obtain fines and up to long prison sentences for committing such act. Even though you are experiencing significant stress because of your accident, this stress can increase if you do decide to leave the scene. Don’t think that you can leave the scene of an accident and not get caught, even if you didn’t experience significant damage. Perhaps the other party did experience significant damage. You must take that into consideration as well. The authorities will find you, and your case can significantly worsen, so please, do not leave the scene of an accident.

Do Gather Information:

You are required by law in the state of Texas to gather information regarding the accident you have experienced. The following are some of the essential information that you must gather to successfully submit an insurance claim: The name, the address, and other contact details about the other driver. You must know the model and year your vehicle was manufactured. You must gather information regarding auto insurance from the other party or parties involved. Also, you must note the license plate numbers of the parties involved. If you can, it is highly suggested that you take photos of your vehicle to prove the extent of damage you may have experienced.

Don’t Forget to Document Anything:

It is essential to document the most information that you possibly can. As mentioned before, you must gather vital details such as the names of the parties involved in the accident, the contact information, the license plate numbers, photographs, etc. in order to present your case to an insurance entity or in some cases, legal authorities. It is essential to do so because if you do want to press charges or if the other parties involved would like to take legal action, there must be proof that can support your claims. You know how difficult it is to deal with insurance companies. Make it easier for yourself to document everything for your insurance claim process to go smoothly.

Do Watch What You Say:

This is something most drivers don’t think about when experiencing an accident. Drivers should never admit fault because it can be used against you. Saying the word “sorry” can be used as evidence that you did admit to being at fault of the accident. But are you actually at fault for the accident? Perhaps the driver that you hit is blaming you for causing the accident, but in actuality, the driver that is accusing you is actually to blame. He or she perhaps broke some of the traffic laws and regulations, and because of that, there was an accident that happened. This is why is it is highly suggested that you should not admit fault. Saying “I’m sorry,” “this is my fault,” and other words that suggest you may be at fault may be used against you, especially when dealing with the insurance companies and the court of law.

Don’t Forget Your Manners:

We can understand how you are feeling. You perhaps were driving in a hurry because you were late to work to give out a major presentation, or you were driving in a hurry because you knew that you were going to be late to meet with a friend, which caused you to be in an accident. After experiencing an accident, your emotions are running wild. Emotions that you perhaps experienced in an accident include shock, bewilderment, anger, and disbelief. Most accidents happen at the most inconvenient of times. This can multiply the intensity of your emotions. You and the other parties involved get out of your cars, and you are perhaps ready to express your frustrations. We suggest that you don’t do this. We know that this may be difficult. Even though this might be the case, you should always remain calm. Make sure that you and others involved are safe and make sure that you contact medical professionals at the scene.

Do Call The Police (and DOT):

If a police officer has not arrived at the scene, please contact and let the authorities know that you have experienced an accident. The police officer serves as an individual that will obtain information of both parties. He or she will know what traffic laws and regulations were broken and can identify who was at fault for the accident in the police report. Some of the information that can be in the report include the names and information of the parties involved, the summaries and perspectives of what happened from each party, as well as the information about how the accident may have occurred. You must also call the Department of Transportation. Most individuals don’t know that this step must be taken. If a police report was filed, you must complete and submit a Driver’s Crash Report within 10 days of an accident. You must also complete and submit a Driver’s Crash Report if the accident caused injury or death, and if property damage of one person totaled $1,000 or more.

Don’t Neglect the Aftermath:

As we have mentioned before, your emotions are at your most intense when you have experienced an accident. You are overcome with emotions, and that can lead to stress. Even though you are in a difficult state, the best way to alleviate some of the stress is to perform the tasks needed to effectively manage the aftermath of an accident. If you don’t submit an insurance claim, contact a lawyer, seek medical treatment, your situation will worsen. We understand that dealing with the mess that comes with an accident can become an ordeal, but we can guarantee that the stress that you are experiencing will be diminished if you take these steps.

Do File an Insurance Claim:

You can ask any person about what they think about insurance companies. Most will tell you that they are challenging to deal with, and they are right. Although this may be the case, it shouldn’t have to be. To reduce some of the tedious aspects of dealing with the insurance company, it is suggested that you file such claim as soon as you gather the most important information regarding your accident. Have your insurance policy number ready. Almost all insurance companies have representatives that are available every day, at any time. An insurance representative will come in contact with you, after your initial contact, to obtain all of the details necessary to correctly process an insurance claim.

Don’t Contact The Other Party’s Insurance Company Without a Lawyer:

Some of the ways insurance companies make profits is by providing the least amount of money possible when receiving claims. This can be done if you provide a statement regarding how an accident occurred. They can question you in ways that could make your statement seem invalid or have faults. This can be used against you. For this reason, it is essential that you should contact an attorney regarding any contact with the other party’s insurance company. A capable attorney will contact the insurance company on your behalf. Since an attorney will contact an insurance company on your behalf, risks regarding obtaining proper claims and conflicts with legal representatives are significantly reduced.

Do I Need A Lawyer?

Here are some of the questions that you may have to ask yourself if faced with the decision of contacting an attorney.

1. Did The Accident Cause Serious Injury, Damage, or Death?

   If the accident caused someone or a multitude of individuals to suffer damage to property, injury and even death, it is essential that an attorney should be contacted. The charges that can be made against you can be very severe. Multiple fines and lengthy prison sentences can occur if an experienced attorney does not appropriately represent you. When it comes to personal injury, there are many ways you can be sued and multiple charges can be brought up because of the accident if you happen to be at fault. If you were not found to be at fault, you will still need an attorney if you would like to pursue a case, particularly if it involved the loss of life. Because of these reasons, it is of great importance that you should be equipped with the best legal care regarding your personal injury case.

2. Were There Multiple Parties Involved?

   When individuals think of an accident, they think of the most common scenarios, where only two parties were involved. In many circumstances, multiple parties were involved, not just the drivers. Loved ones in the vehicles can be affected. Also, individuals who were not in the vehicles can be impacted as well. People that were perhaps merely walking can be hurt if the vehicles reach these individuals. Property damage to a business that was possibly impacted by crash can also be a party that was affected. If you were found to be at fault, you could face lawsuits from all of these entities.You will need an attorney what will be able to fight when all of these parties decide to seek compensation for their damages. An attorney will help you reduce or help you avoid some of the costs that you must pay to the parties affected.

3. Were Any of the Involved Parties Uninsured?

   It is perhaps one of the most unfortunate circumstances if it is found that the other party or parties involved in the accident are not insured. Some individuals have coverage in their insurance plans that protect them from individuals who don’t have insurance. What if you don’t have this form of insurance? What if you find that this form of insurance that you do have was not enough for you to pay for the damages that occurred? You will need an attorney that will fight to obtain your compensation that will be required to cover all of your losses.

4. Do You Need Help Collecting Evidence About The Crash?

   If you decide to contact an attorney regarding evidence about the car crash, it is appropriate to do so if you believe that you need assurance about whether or not you have enough evidence to obtain compensation for the damages that occurred. You may have information regarding the accident, such as photographs and a police report, but perhaps you may not know that you can use specific evidence that you were not previously aware of. Have you heard of a “black box”? Most individuals think that this device is only found on airplanes. That is no longer the case. Did you know that your vehicle may have “black box”? If your vehicle was recently manufactured, it is most likely that you have this device in your vehicle. The device can record the speed of the vehicle at the time of the accident and may record other information that can be of use when presenting your case. An attorney can help you obtain this data through a court order. Contact us if you would like to know what other evidence you can use that you may not have known about, to present it to the courts or insurance representatives.

5. Are There Talks of a Trial or Settlement?:

   When the possibility of a trial is presented, it can be an intimidating ordeal for many individuals. Whether you are a defendant or a plaintiff, the event of a trial can evoke certain emotions to the parties involved. A trial can be a long process, and you will need an attorney that can fight your rights if your case results in the possibility of being in litigation. Your attorney must be knowledgeable about your case, the law, and must be a great orator. There are cases in which going to trial is not needed. Therefore, the option to settle your case is presented. Resolving your case can reduce some of the stress that you are perhaps going through since you won’t have to go through a process that can be long, as well as reducing your expenses regarding your case. You will need an experienced attorney that will negotiate your case, so you can obtain a settlement that will be of great benefit to you.

Better to be prepared…

Experiencing an accident can be a stressful ordeal for anyone. There are so many changes that happen to you and the parties affected. Mental, emotional, and physical changes can occur to all involved. It can have a lasting impact. You will need to be able to navigate the aftermath of an accident, and we hope the information that we have presented may help you alleviate some of the concerns that you are experiencing as you seek legal remedies for your personal injuries. Accidents can happen to anyone. It happens to experienced drivers, and it can happen to novice drivers. When you are equipped with knowledge about what to do after an accident, as well as having an experienced attorney by your side, you will be able to manage your case regarding your accident much more efficiently.

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