What is the Collateral Source Rule? – Personal Injury Lawyers

What is the Collateral Source Rule? – Personal Injury Lawyers

How the Collateral Source Rule Applies to a Personal Injury Case

If you’ve been injured by someone else’s negligent or reckless conduct, you may have heard of the “collateral source rule” and are curious if it applies to your personal injury case. Before diving into the nuances of the collateral source rule, it’s important to note that determining if the collateral source rule applies to your case is a complicated process that requires a detailed analysis of the particular facts of your case by a personal injury attorney. Simply put, retaining an experienced personal injury attorney like ours is the best way to determine if the collateral source rule applies to your personal injury case.personal injury lawyers

The Collateral Source Rule Prevents Personal Injury Defendants from Asserting the One-Satisfaction Rule to Insurance Proceeds

The collateral source rule is a rule developed and adopted by courts across Texas that prevents the party responsible for inflicting personal injuries on another to offset compensation to their victim because they have received benefits from an insurance policy. The reasoning behind the rule is that the responsible party shouldn’t unfairly benefit in a personal injury case just because their victim had the foresight to purchase a health insurance policy and is designed to encourage Texas residents to purchase private insurance.

The collateral source rule has serious implications for personal injury cases: namely, juries can’t know or consider that the injured party has health insurance when determining the defendant’s liability and the amount of damages the defendant should pay the victim.

An Illustrative Example of How the Collateral Source Rule Applies to Personal Injury Cases

You may find this illustrative example helpful in parsing out the nuances of the collateral source rule in personal injury cases. Assume that you have suffered personal injuries in a truck accident due to the negligent driving of the semi-truck’s driver. After seeking medical attention for any emergency injuries, you should immediately contact an experienced personal injury attorney, like ours.

Our firm has been fighting for victims` rights for over 20 years. Call to discuss your case.

Our attorneys and staff will then begin collecting the evidence needed to win your case and maximize your compensation. Our attorneys will then contact the responsible truck driver and his employer, and if a favorable settlement can’t be reached, we’ll file a lawsuit on your behalf. Click here @ https://truckaccidentattorneysa.com/

At trial, the defendant may attempt to assert the one-recovery rule to avoid a portion of their liability for your injuries. Although some experienced attorneys and law firms may miss this crucial error, our experienced attorneys know your rights under Texas’s personal injury laws and will assert the collateral source rule on your behalf so that the parties that caused your injuries won’t unfairly benefit from your foresight to purchase an insurance policy.

As you can see, determining if the collateral source or one-satisfaction rule applies to your case can be difficult. To ensure that your rights are fully represented, you need a smart and aggressive personal injury attorney on your side. Our experienced personal injury attorneys are committed to securing the compensation you deserve for your injuries, and are available any time, day or night, to provide a free consultation regarding your potential personal injury lawsuit and if the collateral source rule applies to your case. More information here: @https://www.attorneys-sa.com/

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Personal Injury Attorneys : Choosing a TBI Lawyer

Personal Injury Attorneys : Choosing a TBI Lawyer

Few of us realize how pervasive the law is in our lives until we get into a dispute with someone else. Then we are amazed to discover what a tangled web of law there is, and how complex and endless the rules seem.

The threshold question in many situations involving the law is whether you can “do it yourself” or whether you need a lawyer to advise you on your rights or handle the matter for you completely.

While many “minor” disputes can adequately be handled without need of a lawyer – using Small Claims Court or Alternative Dispute Resolution – if you, a friend, or loved one sustained a catastrophic personal injury such as a traumatic brain injury, there can be no question but that you are in need of the services of a competent lawyer. More here @ https://no1-lawyer.com/

Unfortunately, we live in a day and time where millions of dollars have been spent persuading the general public (prospective jurors) that should an injured victim exercise their fundamental constitutional right by bringing suit, that individual is merely adding to an already “sue happy” society. Nothing could be further from the truth.

Where a lawsuit is not pursued, unless the injured victim is independently wealthy, the taxpaf
yers will bear the brunt of financial responsibility. Indeed, in catastrophic cases the victim may end up institutionalized unless sufficient funds are secured in order to meet the victim’s medical and support needs.

Complicating matters further, many victims of traumatic brain injury, especially mild traumatic brain injury, are in a state of denial regarding the profound impact of the injury itself. While victims of “mild” TBI have not sustained the “catastrophic” injuries, which may cause an individual to be institutionalized, they have nonetheless sustained injuries which will have a significant impact on their vocational capabilities. In denial, job after job is lost.

Combining denial with the current disfavor regarding lawsuits may very well prove to be a recipe for disaster for the injured individual. Only a lawyer can assess the “legal health” of the injured victim – by investigating the facts, researching the latest developments in the law, applying his or her legal training and experience, and then advising the victim of his/her alternatives. A good lawyer can spot the “jagged rocks” that may lie below the waters of a seemingly simple dispute and can help the victim plan a course of action to avoid them. More here @ https://www.attorneys-sa.com/
The sad truth is, however, that all lawyers are not created equal. It is a very sad fact of traumatic brain injury life that many survivors will not receive adequate recompense for their injury because their lawyer did not have enough experience to know how to analyze, prepare and present a legitimate claim for damages. Many times, the blame is directly traceable to the attorney who is not forthright in the first place regarding his/her lack of experience handling cases involving traumatic brain injury. Time after time the inadequate result rests with the attorney who did not understand the seriousness of the injury simply because of its “invisible” nature.personal injury cases

Unfortunately, even where an injured victim has overcome denial, and has further overcome the social stigmas associated with bringing a lawsuit, s/he may nonetheless experience further “hurt” due to an association with a lawyer having no idea how to properly present claims involving traumatic brain injury. BEWARE: EDUCATION, TRAINING, AND EXPERIENCE VARIES BETWEEN LAWYERS.

At our Law Group, we represent injured victims on a contingent fee arrangement. This means that we do not receive any fee or payment unless money is recovered on behalf of the injured person, and then the attorney fee is paid as a percentage of the amount recovered.[Contingent Fee].

What this means is that you have the absolute ability to hire the most qualified attorney specializing in representing individuals sustaining traumatic brain injury. Through the use of the Contingent Fee Agreement, and given that there are excellent attorneys around the United States willing to advance the expenses in connection with the prosecution of a TBI case, injured victims have the ability to hire the most qualified attorneys and need not settle for or accept inexperienced attorneys to handle their cases.

Through the contingency fee, you have the ability to hire a qualified attorney in a crucial situation, and you need not pay that attorney unless they successfully perform. This is a powerful position to be in. Do not underestimate your position. After all, the results of your lawsuit will have an important and long-term impact on your quality of life. Just as you would not rush to purchase any item of consumer goods, nor should you hastily choose a lawyer to represent you.

Our Law Group is committed to handling claims of individuals sustaining traumatic brain injury. We are committed to spending the time with you and your family members to gain a deep understanding for each and every way the injury has affected your life. We are committed to spend the necessary time in order you understand your rights in the progress of your case. Our staff is committed to trying to make your life easier, and we will endeavor to put you in contact with support groups and treating doctors as your case may require.

Given the importance of your choice of counsel, you should be prepared to meaningfully question prospective lawyers in order to ascertain his or her qualifications to handle your case. For example, you should determine how many TBI cases that lawyer has been involved in as principal attorney during the last three to five years. You should determine what percentage of the lawyer’s practice is devoted to cases involving TBI. You should not hesitate to inquire of the settlements/verdicts obtained by the lawyer on TBI cases. (This should be done with a recognition that every case is different.)

You want to make sure that the lawyer is current. In this regard, ask the lawyer how many seminars or conferences s/he has attended over the past several years involving TBI issues. Review that lawyer’s website, or ask the lawyer to provide you with any articles written over the past three years involving any aspect of TBI.

You are about to embark on one of the most important decisions of your life, to wit: The choice of the right lawyer to represent you. You are armed with a powerful tool, the Contingency Fee Agreement. This Agreement allows you to retain experienced counsel without having to pay hundreds of dollars per hour up front. Please, do not make your decision cavalierly. Ensure that you are comfortable with the counsel of your choice. Ensure that counsel has the confidence and experience to properly handle your case. The path is a difficult one, and the choice of counsel can make all the difference in the world. Look up more on this site @ https://caraccidentattorneysa.com/

Personal Injury Lawyer – Workplace Accident Attorneys

Personal Injury Lawyer – Workplace Accident Attorneys

Being injured due to a workplace accident can turn into a nightmare. Protection of your legal rights is a very important matter that must be diligently pursued. Under law, you are afforded certain important recourses to benefits should you become injured on the job. workplace accident attorneys - construction accident lawyers - personal injury attorneys
Unlike in personal injury lawsuits, workers’ comp claims are decided on a “no-fault” basis. This means that fault will not have to be proven in most cases to obtain benefits if you are injured at work, whether your injuries or illness resulted from a single or repeated incident or emerged from continuous exposure. It also means that you will not be able to file a lawsuit against your employer in most circumstances. For further information about your rights as an injured worked, knowledgeable guidance is available from a personal injury lawyer. More information from our construction accident attorneys here

The Labor Code contains guidelines for workers’ compensation benefits. If you can prove that your injury or disability is work-related, then your employer’s insurance company (or in some cases, your employer directly, if they are legally self-insured) will cover your medical bills and lost income at no cost to you.

Personal Injury Attorney

Obtaining benefits and ensuring that your rights are protected to the fullest after sustaining a work injury can be complicated, frustrating and difficult to accomplish fully without the help of a skilled legal team. Our attorneys have a combined 40 years of legal experience and success in a wide range of personal injury and workers’ compensation cases. Procuring the services of our firm can help you rest easier and allow pressure to be taken off of you and your family as we aggressively fight for what you deserve.

Protecting your rights can be enhanced by making a simple phone call. Contact a Personal Injury Attorney today for trusted legal help.

Personal Injury and Social Security Disability Lawyers

At our law office, we are committed to helping people who have suffered a personal injury as a result of the negligence and wrongdoing of others. We also assist individuals who have been hurt on the job and those who are seeking to file Social Security Disability claims. We aggressively seek maximum compensation for our clients to help them receive the relief they need.

Based in Texas, we have more than 50 years of experience and represent clients throughout Texas in a wide range of matters. If you are suffering from injuries or have Social Security questions, we are pleased to offer a free consultation to discuss your legal rights and options.

Car Accidents Attorneys You Can Trust When It Matters Most — Serving Texas

Serious injuries require the assistance of an experienced personal injury attorney. Our attorneys are skilled negotiators and trial lawyers who have recovered millions of dollars for injury victims throughout Texas. We have extensive experience handling a variety of personal injury claims, including:

  • Car accidents
  • Commercial vehicle accidents
  • Motorcycle accidents
  • Workers’ compensation and on-the-job injuries
  • Slip-and-fall accidents
  • Premises liability
  • Dog bites
  • Nursing home negligence and abuse

Insurance Disputes and Social Security Disability Claims

Our firm is also skilled at handling insurance disputes. If you are feeling overwhelmed or confused by all the phone calls and inquiries coming from your car insurance carrier, or from your long-term disability insurance carrier regarding ERISA benefits, reach out to us for help. We can deal with your insurance company so you can focus on more important matters.

Many individuals come to our office for guidance with Social Security Disability claims as well. Our attorneys have assisted numerous clients in their pursuit of compensation and have the proven abilities to help you.

Thorough and Aggressive Attorneys Seeking Maximum Compensation for You

To give clients the best opportunity for maximum recovery, we aggressively pursue all claims and seek all available forms of recovery allowed by law. We thoroughly prepare for the possibility of trial in each case and negotiate with your best interests at heart. If a defendant or insurance company will not make a fair settlement offer, we are always willing and prepared to take a case to trial to pursue full and fair compensation for our clients — and we do this on a “no recovery, no fee” basis.

Attorneys offer caring, practical counsel. When you or a loved one needs solid legal knowledge and strength on your side, we can help.