Posted On: February 25, 2011

How to Maximize Your California Personal Injury Settlement

The Following article is a guest post from the California Personal Injury Lawyers at BestAttorney.com.

Car accidents have been known to leave victims with permanent and disabling injuries. Most Los Angeles car accident lawyers can tell you that injured victims involved in a serious accident may face dramatic changes in their lifestyle. If you have suffered from a serious personal injury accident, you want to recover a maximum settlement. A catastrophic injury accident can cause physical damages, medical expenses, loss of work, property destruction, pain, stress, and mental anguish.

How do injured victims get the money they deserve?

The key to receiving a fair settlement after your accident is to keep a detailed record of both your economic and non-economic damages. One of the cruel realities of dealing with a personal injury claim in Los Angeles is that you will be tested when you are at your weakest. In order to receive fair compensation from the insurance company you will need to be preparing your injury claim. The best way to do this is by recording all of your damages in great detail.

There will be two types of damages you can collect in a personal injury claim. The first is economic damages. Economic damages are any monetary costs that you have had to pay. This will include medical bills, loss wages, receipts for any purchases (including those paid for by the insurance company), and services that you are unable to perform because of your injuries, and any loss of property, and future loss wages.

The second type of damage you can collect are non-economic damages. Non-economic damages are not easily summed up with a monetary value. These can be opportunities you have lost out on, the pain and suffering you have endured, stress, mental anguish, and humiliation and loss of companionship.

As you record your damages it is important to keep an honest record. Do not over exaggerate your damages. This could disqualify you in the eyes of a jury.

If you would like to learn more about building your personal injury claim you can request a copy of "The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim." This book contains information every injured victim should have and is offered at no cost to California personal injury victims.

Posted On: February 23, 2011

Taxi Passenger Killed In Collision With Parked Truck

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A recent Fort Worth car crash makes for an intriguing personal injury case as the question of liability comes under investigation… On Sunday night, Richard Chu died when the taxi cab he was riding in smashed into an 18-wheeler which was parked on the service road shoulder along I-35W, just south of Meacham Boulevard. Chu had been visiting the Dallas area from Brick, New Jersey. The cabdriver was taken to hospital with non-life-threatening injuries and the cabdriver was not injured. The accident is currently under investigation but is particularly interesting to me as an attorney specializing in auto collisions for a number of reasons.

First of all, the truck was parked outside the Coors distribution center, waiting for it to open at the time of the wreck. Although that might not seem like the safest place to park, a city ordinance does actually allow oversized commercial vehicles to park on public streets - so long as they are not parked there for more than 2 hours. Police are currently trying to determine how long the truck was actually parked there, as if he exceeded the 2 hour limit then the truck driver could be found at fault. This time limit seems arbitrary to me. How is it safe for a big rig to be parked on a service road for up to 2 hours? I would argue that rather than haggling over minutes, a better rule would be that parked trucks must use cones and hazard lights to alert other motorists to their presence – if they should even be allowed to block the roadway at all.

The second interesting issue in this accident is that the driver of the taxi claims not to remember the events immediately leading up to the impact, although the police report that skid marks were found on the road which suggest that the cabdriver did indeed notice the truck was parked there before he ran into it. This concerns me. People take cabs in order to get where they’re going safely. I’ve advised friends and family members on many occasions to take a cab home if they’ve been drinking, and when someone does so they are effectively putting their life in someone else’s hands. So why doesn’t the cab driver remember the incident and the decisions he made over those crucial seconds? Could it be that he himself wasn’t in a fit state to be driving that night or wasn’t taking due care to get his passenger to his destination safely?

I have handled a lot of injury and wrongful death cases over the years and there is always the question of who is truly to blame for the tragedy occurring. My team and I thoroughly investigate the circumstances surrounding the accident and the moments leading up to it in order to determine liability. I will be very interested to learn of Ft. Worth PD’s conclusion in this case as it seems to be that both the truck and cab driver are partially responsible for Mr. Chu’s death.

Posted On: February 21, 2011

Is your child’s crib safe? According to a new study it may not be…

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Last week, I blogged about a major car seat recall and this week it appears car seats aren’t the only kids product under review. A new study in the journal of Pediatrics found that on average, 26 children are personally injured by cribs every day.

Researchers found that from 1990 to 2008, there were more than 181,000 children under the age of 2 taken to emergency departments around the country for injuries related to cribs, playpens and bassinets.

Even though the study found crib-related accidents have decreased since 1990, as a father and child injury attorney, the numbers of kids getting hurt by cribs are still too high for me. I vow to continue posting important child product recalls on my Web site and informing you on what you need to know if your child’s been injured. Our kids are the most important things in the world and it’s my mission to help them stay safe.

Posted On: February 17, 2011

Another Lawsuit for Jerry Jones?

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They say bad things happen in 3s. But this year for Cowboys owner, Jerry Jones, it’s been more like a never-ending series of bad things.

First came the humiliating losses, then the injured star QB and a mid-season head coaching change. Finally, the season ended and it seemed like we could put the bad days behind us, regroup and focus on the future – but not until we hosted what was supposed to be the largest Super Bowl in history.

When it rains, it pours….or actually, snows in the case of Jerry Jones and Super Bowl XLV. Snow and ice ruined so many Super Bowl activities and if that wasn’t bad enough, somehow about 1,000 people weren’t able to sit in their purchased seats the day of the game. A lawsuit has already been filed about the Super Bowl seating debacle. But to make matters worse, two days before the game an avalanche of ice and snow toppled off the roof of Cowboys Stadium injuring seven people. Will Jerry soon be facing a lawsuit over this as well?

My line of work as a Fort Worth personal injury lawyer tells me, it’s possible. I don’t even know who employed the poor folks who were injured. Hopefully, there is some worker’s compensation coverage since it was an on the job injury. But even if there is such insurance, it does not fully compensate injured folks and they often must look to other responsible parties to make sure that they are compensated for the lost wages, medical bills and ongoing disability brought on by the on-the-job injury. You’d think that after last year’s practice facility collapse, Jerry would begin to expect the unexpected when it comes to weather. Why weren’t precautions taken to ensure nobody would be injured by falling ice? Why was the “fall zone” area partitioned off? Did someone really mess up?

Posted On: February 16, 2011

New Rules Keep a Closer Watch on Sleepy Truckers

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Some of the worst auto accidents I've encountered as personal injury attorney are those involving 18-wheelers and other large trucks. Think about it, they're 80 feet long, weighing somewhere around 40 tons - and because of their size and weight it takes big rigs a lot longer to stop than a car or motorcycle. Wrecks involving trucks and tractor-trailers are typically much larger and cause more damage than your average traffic collision. Given Texas' proximity to the boarder and the convenience of major roadways around Dallas and Fort Worth, there are more truck accidents in Texas than any other state. Speaking as a lawyer, truck accidents are particularly messy. A thorough investigation is always a must, and the big truck companies always have their own legal team involved immediately following the incident.

A common reason for truck accidents is driver fatigue. Drivers are paid based the amount of miles they travel, so truckers are encouraged to drive as far as they can in the shortest time possible. Despite existing regulations designed to prevent overtired drivers on the road, there is motivation for truckers and truck companies to falsify log books so that it they are able to get more miles in while on paper it looks like they are in full compliance with laws.

Fortunately, the Federal Motor Carrier Safety Administration (FMCSA) recently mandated the installation of electronic on-board readers in approximately 500,000 commercial carriers nationwide. These readers will accurately track the true amount of time that a driver is on duty for in an effort to crack down on Hours of Service violations and help prevent fatigue among truck drivers. I certainly welcome these new regulations and I am hopeful that they will indeed have a positive result in that they make our highways safer for all road users.

Mark Anderson is a board certified personal injury lawyer with 20 years experience assisting truck accident victims throughout Tarrant County and the DFW area. For a no fee, no obligation consultation on your case call locally at 817-294-1900 or toll free at 800-354-MARK (6275).

Posted On: February 15, 2011

Bedford Residents Won't Be Kept Waiting At Red Lights

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How many times have you found yourself sitting at an intersection with no other traffic around, and yet you’re kept waiting for the red light to turn green before you can safely continue with your journey? Well, if you live in Bedford that frustration could soon be a thing of the past! The city council has approved a $2.3 million project which will put cameras at 26 intersections in order to detect whether a vehicle is kept waiting at an empty stretch of road. A computer at Bedford’s Public Works Center will analyze the data and tell signals when to change so that motorists aren’t kept unduly waiting.

As a board certified auto accident lawyer, I think that any initiative designed to cut down on drivers’ frustration and make everyone’s daily commute more convenient - and safer – is a good thing. A similar project went live in Grapevine last year and is reported to have shaved an average of 26% off commuters’ travel time. The Bedford system is expected to go live in December this year.

Considering the increase in road safety this system potentially offers, I am looking forward to seeing the new technology in action. You already know my thoughts on existing deterrents for offenders to blow through red lights, and I’m hopeful that if a driver knows that there is a system in place to turn their light green as soon as possible, then they might be willing to be more patient, and less likely to put others’ lives in danger. Time will tell.

Mark Anderson has assisted many personal injury and car crash victims in Bedford and throughout Tarrant County since 1991. The Anderson Law Firm is located in downtown Fort Worth and offers free consultations to those considering making a claim. Set up an appointment online or call 1-800-354-MARK. Lines are open 24 hours a day.

Posted On: February 10, 2011

Bedford Woman Helps Neighbors Who Lost Everything In Apartment Fire

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Winter is typically the worst time of year for house and apartment fires and we have already seen many such incidences on the local news over the last couple of months. Residential fires are a top cause of personal injuries and wrongful death in Dallas-Fort Worth, not to mention the property damage and sentimental losses one faces when their home burns down.

Amid all these tragedies, however, there is one positive story which has occurred. A Bedford woman by the name of Teresa McGill was so affected by the news of a fire at Copper Hill Apartments in January that she took matters into her own hands to help those residents that had not only lost the roof over their heads, but also all of their belongings. 20 years ago, McGill's own home was nearly destroyed by a fire and so says she wanted to let the people of Copper Hill know that they weren't alone.

McGill, a Bedford city employee, emailed coworkers asking for donations to help the fire victims and was overwhelmed by the response. People gave clothes, furniture and kitchen appliances. It wasn't long before the word spread across the metroplex and McGill drove around collecting the various donated items from which the residents of Copper Hill were then allowed to chose what they needed.

Teresa McGill is a remarkable example for everyone of us. We are all bombarded everyday in the news and online by misfortunes which have been fallen others within our community, but while we might all feel sympathetic towards those who have suffered, most of us simply continue living our lives. Teresa McGill took action and because of her the 16 families that lost everything have been able to regain some dignity and hope, knowing that someone out there does care.

One 35-year-old man was killed in the Copper Hill Apartments fire, and a further four injured. Fire officials are investigating the cause of the fire which appears to be accidental. There are many different ways in which a fire might accidentally be started around the home, so we must all be careful and responsible in order to avoid such dangers.

Mark Anderson specializes in personal injury and wrongful death cases. For a free consultation please contact us online or call toll free at 1-800-345-MARK - 24 hours a day.

Posted On: February 9, 2011

Fire Prevention Tips for National Burn Awareness Week

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As a Fort Worth Personal Injury Attorney I always welcome the opportunity to help people live safer lives and avoid accidents which might cause injuries or worse. This week happens to be National Burn Awareness Week, a country-wide endeavor to educate the public in fire prevention strategies. According to the Federal Emergency Management Agency 3,500 people die in fires and a further 18,300 are injured. Children aged 14 and under make up 10-15% of those fire-related deaths on average.

Winter is traditionally the worst season for house and apartment fires as the temperatures cool - as we saw last week and again today - so more people are heating their homes either by enjoying their fireplace or utilizing a space heater which then cause fires to start. FEMA suggests inspecting chimney and flue for leakages or blockage and disposing of ashes carefully when using a fuel-burning fire place. Space heaters should be positioned on a flat and level floor, but never on a rug or carpet. They should be placed out of the way of foot traffic and at least 3 feet away from bedding, drapes, furniture and other flammable materials.

Smoke alarms are also essential in the effort to ensure the safety of you and your family in the event of a fire and can provide vital extra seconds to get out of danger. Smoke alarms should be placed strategically on every level of your home. It is particularly important that you install them inside and outside sleeping areas in the event a fire starts in the middle of the night when everyone is asleep. You should test each alarm on a monthly basis and should replace batteries once a year.

Many fires are the result of someone’s negligence. Sometimes fires start due to defective products. Mark Anderson has 20 years experience helping clients with personal injury and wrongful death claims across the DFW Metroplex. If you or a loved one have suffered due to another’s negligence, contact Anderson Law Firm for a free consultation on your case toll free at 800-354-MARK, in Ft. Worth at 817-294-1900, or in Dallas at 214-327-8000.

Posted On: February 8, 2011

Keep Your Children Safe From the Dangers in Your Own Home

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February 6-12 2011, is National Burn Awareness Week – and a great opportunity to reeducate ourselves on the many potential dangers around our homes and how to best keep our families safe and prevent burn or scalds. As both a personal injury attorney and a father it was particularly disconcerting to learn that 60 percent of all scald injuries are to children aged younger than 4. The primary reason for this is that children that young are not necessarily able to perceive danger, so it is up to us as parents to ensure they are kept firmly out of harm’s way.

The kitchen is obviously one of the most dangerous rooms in the house so it is important that we consider the safety of our children whenever we are cooking and always keep kids well away from hot stoves and cooking appliances. Of course you still need to supervise your children so put them in their high chair where they are away from the oven but where you can still keep an eye on them. It is recommended to always use back burners where possible and turn pot handles away, towards the back of the stove so that a child can’t reach up and pull it down on top of themselves. Make sure cords for appliances are put up out of reach also.

When dining you should use non-slip placemats rather than tablecloths again in order to avoid your child pulling or spilling hot food over themselves. Toddlers are incredibly curious, and they don’t realize that the steaming vat of soup can really hurt them until it is too late. Never drink or carry hot liquids if you are already holding or carrying your baby – coffee scalds hurt and you don’t want the guilt of having hurt your child.

At bath time, you should always fill up the tub with cold water first, then top it up with warm water. The reason for this is that if someone falls in the bath the water would be cooler rather than hot. Mix the water thoroughly and check the temperature yourself before allowing your child to get in. Our children learn from us and so it is important that we teach them the importance exercising caution to avoid injuries around the house.

Information and commentary provided by the Anderson Law Firm in Ft. Worth. Call toll free at 800-354-MARK or locally at 817-294-1900.

Posted On: February 3, 2011

Red Light Cameras Make a Difference in Garland, TX

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I have written on red light cameras before and today a new study on the city of Garland, Texas confirms my belief in the system. During the 4 year study conducted from 2004-2008, researchers for the Insurance Institute for Highway Safety found that cities, including Garland, with red-light cameras had fewer fatal accidents caused by red-light runners than cities without them. In fact, Garland saw a 25 percent decrease in the number of fatal accidents involving red-light runners at intersections with cameras.

Even though these cameras seem to be working in Garland, they are still really controversial. A lot of folks out there seem to think the cameras are an invasion of privacy and just a way for cities to make money.

As for me, I’m for red light cameras because I think the good outweighs the bad. I think the cameras have a deterrent effect; people are aware of them and are less likely to blow through a light. As a car accident lawyer here in Dallas Fort Worth, I have seen the results of accidents when people run red lights. The collisions are usually bad and result in serious injuries. I think if a red light camera will keep people from getting hurt, then they are a good idea. What do you guys think?

Posted On: February 1, 2011

Four Years of Planning for Super Bowl Traffic

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As an experienced Fort Worth auto accident attorney, I am particularly interested to learn how TXDOT is dealing with the influx of people to our host city to take part in the weeklong festivities leading up to the Super Bowl this Sunday. Given the sheer number of car wrecks, motorcycle collisions and other crashes that occur on our roads every single day, the prospect of more people driving more cars was obviously a prime concern.

Everyday 6.5 million people travel on the roads around the Dallas-Fort Worth Metroplex. With hundreds of thousands of visitors pouring in over such a condensed period of time there is inevitably going to be a huge impact on the local transport systems.

Michael Morris, the Director of Transportation for the North Central Texas Council of Governments, recently spoke about the 4 years worth of planning that had gone into ensuring the DFW area was capable of effectively supporting all this extra traffic. In a demonstration of true collaboration and cooperation, all public and private sectors across various towns and counties worked together – along with the NFL – to plan for all possible contingencies including heightened security, bad weather and extremely high attendance during this year’s Super Bowl. As an added bonus, improvements were able to be made to the existing infrastructure which will continue to benefit resident commuters long after the Green Bay Packers and Pittsburgh Steelers head home.

I would like to offer my congratulations to everyone involved in the organization of the transportation plan and also remind my fellow North Texans to be good hosts during what could have easily become commuting chaos. Remember there are a lot of out-of-towners on our roads - so please be extra sure that you are signaling when changing lanes, leave plenty of room between vehicles and exercise generally polite driving behavior.

That’s good advice for us all year round!