How a car accident insurance claim works

The days following a car accident can be a confusing time. You have to deal with a damaged vehicle, paperwork, phone calls and, depending on the seriousness of the accident, you may be recovering from injuries as well.

 

Particularly if this is your first car accident, you may be unsure of how a car accident insurance claim works. The car insurance claims process is actually much more simple than it may initially seem. In fact, the whole process can be broken down into three basic steps:

 

  1. Submitting your car insurance claim: After you’ve been in a car accident, you should let your insurance company know as soon as possible, regardless of who was at fault. Submitting your car insurance claim starts with a phone call to your insurance company. You’ll then be asked to fill out a claims report where you’ll recount the details of the accident, such as how it happened and the contact information for the other drivers involved. You’ll be assigned a claim number, and an insurance adjuster will be appointed to investigate your case.
  2. Investigating the claim: The insurance adjuster’s job is to verify how the accident occurred and who was at fault. They will also evaluate the damage to your vehicle so that a settlement offer can be made.
  3. Paying out on the claim: Last, your insurance company will pay you the amount of money that represents how much it will cost to repair your car. If the insurance company decides to declare your car “totaled,” the amount paid will represent the value of your car before the accident occurred.

Difficulties, however, can arise during the car insurance claims process. For example, the insurance company may say that you were at fault when you believe the other driver caused the accident. Or, they may try to offer you a settlement that’s lower than what you deserve.

 

That is why an auto accident attorney is a valuable resource throughout the car insurance claims process. An auto accident attorney can relieve you of the burden of dealing with the insurance company and the adjuster. And an attorney will make sure that you receive a fair settlement.

 

If you have been involved in a car accident, contact Fears | Nachawati today for free legal advice about the car insurance claims process. To speak with one of our attorneys, email us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

 

Who is liable for my construction accident?

A single construction project could involve dozens of professionals, contractors and companies. As a result, when a worker is injured in a construction accident, there are numerous different people who may be liable. Depending on the size and complexity of the project, the people and/or entities responsible for the construction accident could include:

·         Property owners

·         General contractors

·         Sub-contractors

·         Engineers

·         Designers

·         Architects

·         Equipment or material suppliers

·         Construction managers

·         Safety consultants

In some cases, more than one party could be responsible for your construction accident. There are also times when the at-fault party is not immediately obvious. Every case is unique, and liability will depend on factors such as contractual agreements, legal duties and the circumstances surrounding your accident.

It is important that you identify all potentially liable parties from the outset of a personal injury lawsuit so that you do not lose your ability to seek compensation from them. A lawyer can review the facts of your case and determine who is at fault for your injuries.

If you have been injured in a construction accident, contact Fears | Nachawati today. We provide construction accident victims with free legal advice. To receive your free consultation with a Texas personal injury lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

What is the difference between special and general damages?

In legal terms, “damages” are the amount of money you are awarded if your lawsuit is successful. There are different types of damages, and they’re given different names to specify exactly what it is that the defendant is paying for. The two most common types of damages are special damages and general damages.

 

General damages represent the types of damages that can’t easily be assigned a monetary value, such as pain and suffering, loss of consortium and emotional trauma. There is no evidence, such as bills or receipts, of a specific dollar amount, but they are losses for which the plaintiff deserves compensation nonetheless.

 

Special damages, by contrast, can be assigned a specific monetary value because these are compensation for the expenses you incurred as a result of the accident. Special damages include things like medical bills and lost wages. These are your “out of pocket” expenses.

 

One easy way to remember the difference between general and special damages is to think of them this way – general damages are the damages that can “generally” be attributed to the defendant’s negligence, such as the pain and suffering that all accident victims suffer. Special damages, on the other hand, are unique (or “special”) to you because no other plaintiff will have the precise amount of financial losses as you do.

 

If you have been injured in a car accident, we can help you get the full and fair compensation that you deserve. To receive a free consultation from a Texas personal injury attorney at Fears | Nachawati, just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Causes of construction accidents

Causes of construction accidents vary depending on the type of job, the work environment and the equipment used in the course of the victim’s daily work. While there are numerous causes of construction accidents, there are certain types of on-the-job accidents that Texas personal injury lawyers come across on a regular basis.

 

One common cause of Texas construction accidents is faulty equipment due to regular wear and tear. After a while, equipment simply needs to be replaced or repaired due to the strain of daily use. Workers can be seriously injured on the job if they are using worn-out tools and equipment. Equipment needs to be serviced regularly to ensure that it is safe for use on the job.

 

Falls are another frequent cause of workplace injuries. According to the U.S. Department of Safety, falls accounted for 15% of all workplace fatalities in 2007. General research indicates that falls account for one out of every three construction accident deaths. The most common type is a worker falling from a roof, but faulty scaffolding is another frequent cause of falls in the workplace.

 

Other causes of construction accidents include:

 

  • Electrocution
  • Asphyxiation
  • Lack of proper training
  • Fires or explosions
  • Heavy machinery accidents, such as cranes and forklifts
  • Faulty safety harness
  • Welding accidents
  • Trench collapses
  • Falling objects
  • Failure to comply with OSHA safety standards
  • Exposure to caustic chemicals
  • Holes in the floor
  • Compressed gases
  • Lifting heavy objects

Sadly, many Texas construction accidents could have been avoided through basic safety measures. However, employers sometimes fail in their duty to provide their employees with a safe work environment. In these cases, the injured worker is sometimes eligible to bring a personal injury lawsuit and/or pursue a worker’s compensation claim.

 

If you have been injured in a construction accident, contact Fears | Nachawati today for free legal advice on whether you have a personal injury claim. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.