Fort Worth Injury Lawyer Blog

A 55-year-old man accused of trying to run down a Fort Worth police officer in a Stockyards alley last month was charged Tuesday with aggravated assault of a public servant. Police got an arrest warrant for William "Louie" Melear and found him Thursday morning after receiving a tip that he was at a friend's home.

The officer had been flagged down about 3 a.m. by a businessman reporting a suspicious vehicle in an alley in the 2400 block of North Main Street. About the same time, a caller to 911 reported that two men were "smoking drugs" in a Mercedes behind a bar on North Main.
The officer, unaware of the 911 call, was investigating the businessman's report when the driver of a Mercedes suddenly accelerated toward the officer. He dodged the car and fired several times at the Mercedes.

A civilian who heard the gunfire and thought the officer had been killed got a gun and also fired several times at the Mercedes as it passed him on West Exchange Avenue.

I am currently representing another local officer in a similar case, so I know these situations occur from time to time. Whether insurance will cover this accident will eventually depend on whether the act was found to be intentional or not. Car insurance policies do not cover intentional acts. But I guess that the car driver will not admit to intentionally trying to run over the officer, which will probably help the officer in trying to recover compensation for his injuries from that driver's liability insurance company.

Being a police officer is dangerous enough without someone doing something as crazy as this. The officer could have been seriously injured as a pedestrian. It is important to remember that there are laws that one must obey, and running over a police officer is certainly against the law. In 2007, 70,000 pedestrians were injured in vehicle collisions in the U.S. alone. Even though this accident seems more like a pre-planned attack, it is still a reminder to be aware of your surroundings while driving or walking as a pedestrian.

Information and commentary is provided by Dallas/Fort Worth Personal Injury Lawyer Mark Anderson. The Anderson Law Firm can be reached in Fort Worth at 817-294-1900 and in Dallas at 214-327-8000. If you have any questions concerning a pedestrian or car accident, please fill out our contact form online for a free consultation.

With car wrecks happening every few minutes around the country, it is important to be prepared in the case that you are involved in any kind of car accident. The following is a basic guideline that will help take care of several things that need to be done in the case that you are in a car crash.

1) Call 9-1-1 and then refer to your accident scene checklist that you should have handy in your glove box. It will help you know exactly what to do, including taking pictures of your accident.
2) Seek Medical Attention. This needs to be done immediately. The longer you wait to be treated, the worse your injuries may get.
3) Contact an experienced accident attorney. We believe that all accident victims need professional help with this process.
4) Investigate your Accident.
5) Have an Accident Report Made. This will be done by the local police department and help the give the insurance company information about the details of the car wreck. Read more on how to obtain a police report.

I hope this outline is helpful and has better prepared you for what to do in the case that you are involved in an auto accident. With over 6 million traffic accidents reported in the United States every year, it is vital to always be prepared. This information and commentary is provided by Fort Worth Personal Injury Lawyer Mark Anderson. Mark can be reached in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. If you have questions about a car accident, please fill out our contact form for a free consultation.

Last year, our Texas Legislature passes a new law that prohibited medical professionals from contacting people who have been injured in an accident for at least 30 days after the accident. The law was aimed at a few unscrupulous chiropractors who would call and mislead people who had been injured in car wrecks. Usually, the marketers, as they are called, working on behalf of the chiros would obtain the information from the publically available crash reports completed by the local police department. The marketers would then call the injury victims and mislead them that the insurance company had authorized a medical visit.

A chiropractor from Houston filed a federal lawsuit challenging the new law and on Friday, a federal judge from Austin overturned the law saying the law violated the chiropractor’s right to free speech. The Texas Attorney General’s office has 30 day to decide if it wants to appeal this ruling. I certainly hope the AG’s office files an appeal, as this law seems to me to be a reasonable restriction on free speech. After all, it is done to protect the consumers from this misleading conduct while they recover or possible grieve the loss of a loved one.

On a related topic, The Texas Department of Public Safety recently enacted a change in the way crash reports are written in order to address this issue. No longer are phone numbers included on the accident reports. While this is a small deterrent, it has caused some marketers to resort to going to the home of the accident victims. While that makes the marketers’ job harder, ultimately it makes the contact more invasive.

I think the best way to handle this is to make the crash reports unavailable to anyone accept the people involved in the accident. That way, the reports could never get into the marketers hands and the phone calls (or door knocks) could never happen. Of course, there is always the possibility of someone selling the reports out the back door of the police station, but that is a whole different problem.

Commentary by Fort Worth Injury Lawyer Mark A. Anderson, who can be contacted at 817-294-1900 or through his website at www.maafirm.com.

In my book 15 Mistakes that Will Wreck your Texas Accident Case, I address some of the most important issues I have observed over the years while helping thousands of injury victims. I believe that with this information, you can take control of your unfortunate situation.

Mistake No. 2: Failing to promptly obtain medical treatment

If you are hurt in an accident, it’s absolutely crucial that you seek medical attention immediately. If you do not seek medical treatment soon after an accident you probably will not have a viable injury claim. Insurance companies and juries assume that if you are hurt you would have gone to the doctor.

It is vital that you do not try to “tough it out” or “hope it gets better” because it not only delays your recovery from the injuries but it negatively affects the success of your personal injury claim. Depending on the extent of your injuries, your initial treatment might very well be taking an ambulance ride to the hospital or visiting the emergency room on your own.

Do not let a lack of health insurance stand in your way to cause you to endure pain unnecessarily. A good place to start is by visiting an urgent treatment car facility near you. You can also rely on the local public health system.

Another option is to contact an attorney who specializes in injury cases. When requested, I will happily provide the names of various doctors who will provide proper treatment and delay billing patients until their case is resolved.

No matter which option you choose, it is extremely important that you seek medical attention promptly. Failing to do so will almost certainly “wreck” your case.

Hopefully, this helps to educate and inform you about how and when to seek medical treatment after an injury. I hope this makes you more aware of how important it is to not make a mistake that can “wreck” your case!

Information provided by Dallas/Fort Worth Board Certified Personal Injury Attorney Mark A. Anderson, who can be reached in Dallas at 214-327-8000, in Fort Worth at 817-294-1900, or toll free across Texas at 877-294-1115. He can also be contacted by clicking here.

I was in Court yesterday in Tarrant County, Texas and the hearing before mine was about a lady who wanted to sell her structured annuity to one of those companies you see on TV, JG Wentworth. I don’t know the full history, but what I gathered is that she had been injured on the job with the railroad and had received a structured annuity as part of her personal injury lawsuit settlement. The lady was there alone and the only lawyer present was representing JG Wentworth. I learned that the lady received around $500 a month from the settlement (tax free) and that she was due to receive a lump sum payment of around $30,000 in 2017. Including that lump sum payment, she would receive a total of $72,000 over the next seven years. But in all her wisdom she had decided to sell her annuity for the whopping sum of $29,000. Wow, that was less than 50% of its present value.

The Judge quizzed her on her needs and it was not very clear why she needed the money. She had a job, had a car and had a house. The Judge made it very clear to her that he thought she was making a huge mistake. And he was absolutely right. She was truly making a horrible mistake and just giving away half her money. But ultimately, the judge approved it as she was an adult and if she wanted to make huge mistake, then that is her right.

My advice is to stay away from these type of companies. If you own a settlement and also need more money than the settlement stream provides, then do everything in your power to not sell the annuity—as you will lose over half its value in a sell. What can you do? Borrow money from others. Put a second lien on your house. Just don’t sell the annuity.

As an aside, I think structured annuities are great as they help make sure that the settlement money will still be there later. I encourage my clients that are receiving large settlement to at least consider the benefits of annuities. I refer them to Dirk Weeks at Structured Annuities, Inc. Dirk is extremely knowledgeable on these products and can provide lots of options depending on the future financial needs of the injury victim.

On a related topic, click here for my thoughts on Lawsuit Loan Companies.

Information provided by Texas Board Certified Injury Lawyer Mark A. Anderson, who can be contacted at 817-294-1900 in Fort Worth, at 214-327-8000 in Dallas and at 1-877-294-1115 across Texas. Also, please click here to contact online.

Seven people were injured in a car crash Sunday night at Mitchell Blvd and East Maddox Ave in Fort Worth. Everyone was taken to the hospital, but none of the injuries were life threatening, according to the Fort Worth Police Department.

The accident occurred when a Ford F-150 carrying four adults tried to make a left turn onto Mitchell from Maddox. The truck was traveling west and trying to turn south. Their vehicle hit a Mitsubishi Montero that was traveling east on Maddox. An adult and two children were in the Montero. According to Fort Worth Police, alcohol was not a factor in the wreck.

I sure hope all of those I injured in this wreck recover quickly. Even when the reports come out that the injuries are not life threatening, that certainly does not mean that no injuries occurred. Hopefully, there is enough liability insurance coverage available to fairly compensate the injured parties.

Information provided by Fort Worth Injury Attorney Mark A. Anderson, who can be contacted online by clicking here or by calling 817-294-1900.

A wreck last Monday afternoon on U.S. 67 in Cleburne involving two trucks sent three people to the hospital.

20-year-old James Hall of Godley was driving a pickup hauling a flatbed trailer carrying a washer and dryer when he made an illegal left turn from the access road onto U.S. 67. Diana Dillard was driving her truck on U.S. 67 and Mr. Hall struck her vehicle, his truck sliding on its side then eventually landing upright.

Mr. Hall and Ms. Dillard were immediately taken by CareFlite into Fort Worth hospitals. 19-year-old James Peabody of Burleson was transported by CareFlite to Harris Methodist Hospital in Fort Worth after being pulled from the truck when witnesses thought it was on fire. According to police, no one suffered life threatening injuries.

I am glad to read that no one suffered life threatening injuries. But that certainly does not mean that none of the occupants suffered injuries. A wreck of this magnitude certainly can result in severe and permanent injuries. I know from experience that the CareFlite bills are astronomical. Also, depending on the number of scans and type of treatment rendered, the hospital bills could also be staggering. I obviously don’t know the amount of insurance available, but I sure hope the driver not at fault, Ms. Dillard, carries under-insured motorist protection. In my opinion this is the best type of insurance to carry as it protects you, the policy holder, in case someone else causes an accident and does not have enough insurance.

Information provided by Dallas/Fort Worth Car Accident Attorney Mark A. Anderson, who can be reached in Fort Worth at 817-294-1900, in Dallas at 214-327-8000, or toll free at 877-294-1115. He can also be contacted by clicking here.

Motor vehicle accidents range from minor to severe. If another car taps your car at a stop sign going five miles per hour, and doesn’t leave a scratch on either vehicle, you probably aren’t hurt and, therefore, don’t need to seek medical treatment. But if you’re involved in a more serious accident with injuries, don’t try to ignore them; get medical treatment as soon as possible.

Unfortunately, it’s a fact that many people refuse medical treatment after an auto accident. Sometimes they think that they pain will go away. Sometimes they are worried about the huge hospital bill that they would incur. The bottom line is that your health is extremely important and should be a top priority.

Seeking medical treatment right away isn’t just a matter of taking care of your health, although that’s certainly the most important thing to consider after a car accident. It’s also about documenting your medical problems in the event that you need to prove they’re related to the car accident. If you have back problems after a car accident but wait two weeks to go to the doctor, it’s much more difficult to prove that it’s related to the car wreck than if you go the next day.

I have seen it time and again when folks tried to “tough it out” and they accomplish nothing. They endure pain unnecessarily and they “wreck” their potential insurance claim. Bottom line: seek medical treatment ASAP after a car accident. Not just for your case, but for your health.

Information provided by Fort Worth Texas Injury Attorney Mark A. Anderson, who discusses this topic and many others in his book, 15 Mistakes That Will Wreck Your Texas Accident Case. This book is available for free to Texas Residents at www.DontWreckYourCase.com.

This is a question I get from some of my new clients after they have been in some sort of an auto accident somewhere here in the Fort Worth Arlington area. The short answer to that is: yes, you absolutely should. PIP insurance is No-Fault insurance which you carry on your own automobile policy and it provides reimbursement to you (and any passenger in your car), for medical expenses and for documented wages up to the amount of the PIP coverage. In Texas, each insurance company must offer at least $2,500.00 in PIP coverage, but you can buy more. In order to turn down this coverage, you must reject it in writing.

The reason that PIP coverage is so good is that you are not penalized in any subsequent claim against the responsive party if you use PIP coverage. In other words, you can recover from the responsible party’s insurance company (if they were indeed at fault) and you can also recover on your own policy. You can also even use health insurance to pay for your bills, therefore utilizing yet a third type of insurance.

Some people are reluctant to make a PIP claim on their own policy, but it is against the law for an insurance company to raise your rates or drop you solely because you make a PIP claim. The reason, this is a no-fault claim. You can make this type of claim regardless of whether you were at fault or somebody else was responsible for your injuries.

So to me, a lawyer who focuses solely on personal injury, this is a no brainer. If you were fortunate enough to pay for the PIP coverage (and it is very cheap), you should definitely use it if you have been in an automobile accident.

Information provided by Fort Worth Arlington, Texas Board Certified Injury Attorney Mark A. Anderson, who can be contacted at 877 294 1115 or by clicking here.

If you have been involved in an automobile, truck or motorcycle accident in Fort Worth, Texas, you must make some decisions to protect your potential insurance claim or you could suffer the consequences of a “wrecked case.” Fort Worth’s Board Certified Injury Attorney Mark A. Anderson has recently authored a book which goes over the many ways an accident victim can destroy their own case, therefore making it harder to recover fair and reasonable compensation. This book, entitled 15 Mistakes That Will Wreck Your Texas Accident Case, is for sale on Amazon.com, but is made available for free to Texas residents at www.DontWreckYourCase.com.

In this book, Mistake No. 2 is the failure to obtain prompt medical treatment. Insurance companies and juries tend to operate under the assumption that if you are hurt, then you need to go to the doctor. And that makes sense. But the problem I see often is most people try to tough out their pain and not go to the hospital or doctor unless it is absolutely necessary. If you have a broken bone or are bleeding excessively, you will go to the hospital. But it is human nature to try to tough it out if you have a less obvious injury. You might take over the counter pain medications and see if the injury will heal on its own. You might wait an entire month before you go to the doctor.

The problem with this approach is that without good medical documentation, it may look to an outsider like you weren’t really hurt. So in order to not hurt your ability to recover fair compensation, you will need to seek medial treatment within the first few days after an accident. This will allow you to get on the road to recovery much faster and will serve as proper documentation of your injury.

Fort Worth Injury Attorney Mark A. Anderson can be contacted at 817-294-1900 or at www.maafirm.com.