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Any traffic accident, no matter how small, is already stressful and frightening enough. However, accidents involving large commercial vehicles such as a lorry or 18-wheeler are far more dire. Such accidents can often have disastrous consequences due to the size of the truck and, in some cases, the weight of its cargo. If you or someone you love gets hit by a large vehicle like a truck or 18-Wheeler, it’s important to know what to do next.

What to Do Immediately After the Accident

Getting legal advice on accidents involving large commercial vehicles such as a lorry or 18-wheeler is primarily best for your health, but also helps you get the best results regarding your claims with the insurance company.

First Make Sure You Are Well And Safe And Call 9-1-1 Immediately

Your top priority is your health and safety. First make sure you are safe and then call 9-1-1. Remain in your vehicle until the response teams arrive. If you are not in a safe position, try to move to the area where you can be safe. If there are other people in the vehicle than you, check their health status. If injured, try not to move them and wait for first responders.

Exchange Information / Documents With The Other Driver

Get all kinds of information about the driver of the commercial vehicle that hit you and the company he works for, including the following:

• Name, address and telephone number of persons involved in the accident
• Insurance information and policy number
• vehicle registration card
• Name, address and phone number of the company where the truck driver works
• The make, model, year, color and license plate of the truck
• VIN number. It is usually located on the lower left windshield and/or inside the driver’s door.

If you are urgently referred to the hospital without obtaining the above information, the police officers arriving at the scene will obtain the above information and prepare an accident report containing this information. Therefore, when you receive the accident report, you will be aware of the above information.

Note All Details About The Accident Site

Make a note of the exact location of the accident, the street names and address, as well as the contact details of each of the witnesses, if any. If you are physically able, take photos of:

• The accident site and its surroundings from all sides and angles
• Any skid marks on the road
• Every vehicle involved in the accident and damage to these vehicles
• Truck driver’s license
• Your wounds.

If you have a dash cam, make sure it records all video footage. All this information will help you a lot in proving that the responsibility in the accident belongs to the other party and in your claims for compensation.

Contact An Experienced Accident Attorney In 18-Wheeler Accidents Within No Time

Get free advice in no time from an experienced accident lawyer in truck and 18-Wheeler accidents. An experienced accident lawyer will guide you through the next steps and to get the maximum compensation for the treatment costs, vehicle damage, loss of salary/wage and all other damages you incurred as a result of the accident.

Why Are Traffic Accidents Caused by Large Commercial Vehicles such as Trucks or 18-Wheels Often Occur?

The most common and illegal actions that cause truck or 18-wheeler vehicle accidents are:

• Not Paying Attention to the Road: Talking on a cell phone while driving, texting, eating / drinking, watching TV or surfing the Internet.
• Long Hours with the Driver on the Road: A truck driver being on the road for long hours can cause him or her to be drowsy, drive carelessly or even fall asleep at the wheel.
• Improper Driving: If the driver uses drugs or alcohol while on the road, there may be aggressive or unsafe driving maneuvers or speeding.
• Failure of the Vehicle to Have Necessary Maintenance: Before starting a journey, especially commercial vehicles such as trucks or 18-Wheelers, it should be ensured that the trailers and all parts of the vehicle are working properly and safely. Overloading the trailer, unsuitable fasteners, deflated tires, broken mirrors and other missing vehicle maintenance can cause serious accidents.
• Poorly Trained Drivers or Lack of Experience. Companies can be negligent when hiring truck drivers. In other words, the drivers who are hired without researching the driving history of the drivers, without the necessary tests on the use of prohibited substances and without a good driving training can cause major accidents.

18-Talk to an Experienced Accident Lawyer About Wheeler Accidents

If you or a loved one is involved in an accident with a vehicle such as a truck or 18-Wheeler, you may be entitled to legal compensation. Contact Milano Legal Group Accident Lawyers who are experienced in this type of accident so we can help you get your life back together and get maximum compensation. Call (855) 720-0495 for a free consultation. Our legal team is at your service 24/7. You can reach us every day of the week and at any time of the day.

A deposition is a witness’s sworn testimony outside of court, and a legal tool used to discover and establish facts relevant to a personal injury case.

Essentially it is an opportunity for the attorneys from both sides to learn what the plaintiff (victim) and defendant (at-fault party) know about the case, the extent of the injuries, the damages being claimed, and to have questions about their backgrounds answered. By getting the complete story at depositions from both, you and the at-fault party, the attorneys involved will be able to develop a strategy for the remainder of the case.

What Types of Questions are Asked at a Deposition?

A deposition can be the key to many personal injury cases, so it is vital to be prepared. The information obtained may not only impact how much compensation a victim receives, but can also decide the case’s outcome. You can expect to answer questions regarding the following:

• What happened to you?
• Was anyone with you when the injury occurred?
• Were there witnesses?
• Did you file an insurance claim?
• Did you call the police?
• Did you see a doctor?
• Did you receive treatment?
• How have you been feeling since your original treatment?
• Has the injury affected your life in any specific way?
• What injuries have you had in your life?
• What illnesses have you had?
• Have you ever been involved in litigation before?
• Do you have a criminal record?
• What do you do for work?

Questions must be answered honestly, as you will be under oath during a deposition. If you lie, there is a risk of being charged with the crime of perjury. Lying can also destroy your credibility as a witness. When you are asked a question, it’s best to give a simple and precise answer, without providing any additional information.

Do I Have to Attend a Deposition?

Depositions can be stressful, but they are an important part of the legal process. If you have been subpoenaed to a deposition, there aren’t too many options for avoiding it. If you just don’t show up, you potentially subject yourself to contempt of court or other sanctions. On top of that, you would still be forced into deposition.

Who is Present at a Deposition?

At a deposition, you can expect to see the attorneys representing the involved parties, a court reporter, and the witness. If you are being deposed as the plaintiff in a case, the assigned insurance adjuster will sometimes attend as well. The deposition may be done at your attorney’s office, opposing counsel’s office, or another agreed upon location.

When is a Deposition Taken?

If the parties to a personal injury claim cannot reach a fair settlement, the plaintiff (victim) has the option of filing a personal injury lawsuit against the defendant (at-fault party). A summons must be served to the defendant, and they have a chance to file an answer. Once that occurs, signaling they intend to defend the case, the discovery phase of litigation begins. Discovery gives each party the chance to obtain documents from each other, send written questions (interrogatories), get documents from third parties, hire experts to testify, and depose witnesses under oath. Reasonable notice must be given to all parties when either side wants to schedule a deposition.

We Can Help

As experienced litigators, the Houston personal injury attorneys at Milano Legal Group are well-versed in the dos and don’ts of depositions. If you are subpoenaed to give testimony for a personal injury case, call (713) 489-4270 and schedule a free consultation.

If you are injured in a personal injury accident in Texas, you may be surprised to hear that there could be a cap on the amount of compensation you can recover. A damage cap limits the total amount of damages that plaintiffs (victims) can be awarded in some personal injury cases. These caps are set by legislators, usually on a state-by-state basis, to avoid excessive verdicts that aren’t based on reason. Texas does have caps in place for certain types of damages or cases.

Caps on Economic and Non-Economic Damages

Fortunately, the state of Texas does not impose a cap on economic and non-economic damages in most personal injury claims. That means there is no limit on medical costs, lost wages, diminished earning capacity, damage to property, pain and suffering, emotional distress, etc. For example, if you suffer a serious injury resulting in $500,000 in medical expenses, you will recover compensation for those losses.

Non-economic damages that compensate victims for their physical and emotional suffering, can be difficult to put a price tag on. Many insurance companies and personal injury attorneys use a somewhat standardized method of calculating non-economic damages, known as the multiplier method. It takes the known economic damages and multiplies it by a number, typically between 1.5 and five. The multiplier will vary depending on the details of the case and severity of the injuries. If a claim makes it to court, the value of these damages will be subjectively evaluated and decided by a judge or jury.

Caps on Medical Malpractice Claims

The rules do change for Texas medical malpractice claims. Here are the damage caps imposed by the state:

• A healthcare facility cannot be sued for more than $500,000 total
• An individual doctor cannot be sued for more than $250,000 total
• Non-economic damages cannot exceed $750,000 in a medical malpractice claim

Caps on Punitive Damages

Plaintiffs are allowed by the state to recover punitive damages in cases involving gross negligence, malice, or fraud. Punitive damages are awarded with the intention to punish the defendant and warn against similar behavior by them and others in the future. Texas caps these damages at the large of:

• $200,000, or
• Twice the amount of economic damages, but no greater than $750,000.

The cap does not apply if the personal injury was a result of a felony.

Caps on Government Claims

Lastly, damages cannot exceed $100,000 in personal injury claims filed against the government. For example, if you are hit by a city bus, fall down some faulty stairs in a government building, or slip at the DMV, the amount of compensation you recover is limited by the state.

Discuss Your Case With an Experienced Houston Personal Injury Lawyer

If you have been injured by someone else’s negligent or reckless actions, contact the Milano Legal Group. Our highly skilled Houston Personal Injury Lawyer will ensure you recover the maximum amount of compensation available under the law. Call (713) 489-4270 and schedule your free initial consultation today.

A truck accident can change your world forever, making it impossible to return to the life you had before. As a result, you may be entitled to significant compensation if another party is to blame. However, the aftermath of a crash is stressful, and although there is no specific deadline as to when you should hire a truck accident lawyer, the sooner you do the better. Determining which parties can be held liable is often complicated. With the help of a Houston truck accident attorney, you can figure out how you need to approach your claim. Other things to consider when deciding at what point should you hire an attorney, including the following.

How Much Time has Passed Since the Accident?

Delaying contacting an attorney after a crash can result in a loss of critical evidence that proves fault. Ultimately, that can give the trucking company a considerable advantage, which may result in either the devaluing of your claim, or it being denied altogether. Examples of valuable evidence can include, traffic camera footage, inspection of the truck involved in the accident, proof that the trucker was under the influence of drugs or alcohol, the truck driver’s logbook, the truck’s black box data, photos of the scene and of any skid marks on the ground, eyewitness statements, etc.

Additionally, the state of Texas has a statute of limitations in place for truck accident claims, that allows victims up to two years to pursue compensation.

Have You Been Offered a Settlement by the Insurance Company?

You don’t necessarily need an attorney if the opposing party’s insurance company offers you a settlement, but consulting with one before you accept it is highly recommended. Insurers are motivated to settle quickly and for as little money as possible, which means the first settlement offer will likely be low. If your injuries and medical costs are severe, that amount probably won’t be enough to cover your current and future financial losses. Truck accident victims often win 3.5 times more in settlement compensation when they are represented by an attorney, according to a study conducted by the Insurance Research Council.

Are You Severely Injured?

Unfortunately, truck accidents often result in severe injuries that require immediate and possibly ongoing medical attention. A truck accident attorney can thoroughly investigate your claim and handle all negotiations with the at-fault party’s insurance company on your behalf while you recover. If your injury is so serious that you’re unable to meet with a lawyer at their office, many are willing to come to you.

Have You Decided to Sue?

The legal process can be complicated and overwhelming. Even more so, if multiple parties are responsible for your injuries. For example, liable parties may potentially include the driver, the trucking company, truck manufacturer, or government entities. Trucking companies have a big budget to spend on legal representation. If you decide to sue, you will need a knowledgeable attorney at trial.

Texas has a comparative fault law, which can affect your amount of compensation. As long as you are less than 50 percent at fault, you can recover compensation, but the amount awarded will be reduced by your percentage of liability. Your lawyer will help you determine a strategy that will ensure you receive fair compensation, and that comparative fault laws are applied correctly.

Don’t hesitate to contact a skilled Houston truck accident lawyer today.

Personal injury victims are often shocked when they discover that something called a “medical lien,” must be paid to health care providers before they can receive their settlement. A medical lien is a legal claim against your personal injury settlement that is filed by a doctor, hospital, your health insurance company, or some other entity that provided you with medical care or services in response to your injuries from the accident. Essentially, it is a demand for reimbursement.

How is a Medical Lien Used?

Some states allow medical liens to be filed in the following situations:

• Medical Provider or Hospital Lien: if you do not have health insurance and are unable to pay up front for the medical treatment rendered, a hospital, doctor or other provider may agree to defer payments until you settle your case. They may even ask or require you to sign off on a lien, stating that repayment for their services will come from their personal injury settlement or award.
• Healthcare Lien: if you use your own health insurance to cover medical bills after an accident, rather than waiting for the at fault party to pay. Your health insurer may then attempt to recover those costs by filing a medical lien.
• Government Lien: when a government agency, such as Medicare or Medicaid, is used to cover the costs of your medical care related to an accident, they also have the right to file a medical lien for reimbursement.
• Workers’ Compensation Lien: if you are injured while at work, and your workers’ compensation benefits are paying for your medical bills, but a third party is at fault. If you successfully sue the third party, the workers’ comp insurance company has the right to collect their money back.

There are specific requirements and state laws that must be followed in order for a medical lien to be valid, which means in some instances a medical lien may not be enforceable in a court of law.

How Can an Attorney Help with Medical Liens?

It is entirely possible for a lienholder to accept less than the amount of money they are seeking reimbursement for. In most cases, a skilled attorney can help you get a medical lien reduced, waived, or voided altogether. If a medical lien turns out to be enforceable, an attorney can help you negotiate in an attempt to lower the amount of money you owe.

Negotiating before your case settles will likely increase your net recovery and can save you money in the long run. Certain lienholders have more of an incentive to accept a lower pay out prior to your case’s resolution. Given that there is a chance your personal injury claim may be unsuccessful.

However, medical liens can be extremely technical, which is why an experienced personal injury lawyer is recommended for their advice and to help guide you through the negotiation process.

Consult with a Knowledgeable Houston Personal Injury Lawyer

When it comes to personal injury cases, the attorneys at Milano Legal Group have extensive experience in medical lien litigation and negotiation. Discuss your situation with us today in a free consultation, by calling (713) 489-4270 or filling out our contact form online.

Lost wages are commonly recovered in personal injury claims. Whether you have been injured in a car accident, while at work, etc., any length of time you cannot earn an income as a result, can be argued as lost wages. When it comes to proving lost income, you must be able to demonstrate the amount of time you missed from work due to your injuries, as well as how much money you would have made had you not missed work.

Four Ways To Prove Lost Wages

There are four options for demonstrating lost wages:

• W-2(s) from the previous tax year(s);
• Pay stubs from before and after the injury accident (proves the change in income);

Wage verification from your employer: the insurance company can provide you with a “salary/wage verification form,” or you may ask your employer to write down your:

• Title and date hired;
• Statement confirming you were employed at the time of the accident;
• Normal wages or salary;
• The number of hours you typically work per week;
• Standard rate of pay for overtime;
• The dates you were/are unable to work; and,
• Bonus structure and any lost perks.
• Other income documentation if you are self-employed or a business owner: that can include tax returns, banking records for your business, checks received for your services, or accounts receivables. To protect your privacy, be sure to black line any account numbers.

When submitting a lost wages claim, a doctor’s note confirming your injuries must also be included. The note must contain details of your disability and their recommendation as to how much time you should take off of work.

What’s Covered Under Lost Wages?

The types of compensation that are covered under lost wages are:

Hourly Wages

An estimate of your total lost wages can be calculated by adding up your missed hours from work and multiplying it by your standard rate of pay. For example, if you miss 10 days of work, and you generally work eight-hour shifts and earn $20 an hour, your lost hourly wages are 10 x 8 x $20 = $1,600.

Tips

If you held a job that came with tips, and you normally reported them, they can be included as lost income. However, you will need evidence of tips on your taxes or bank account deposits.

Overtime

Lost overtime can be included in your claim if you are regularly paid overtime. Past pay stubs are the best form of proof.

Bonuses

Proving you have or will lose bonus pay will require documentation of past bonuses, or a report from your employer detailing how bonuses are earned and any other compensation you will miss out on.

Sick Days & Vacation Days

Even if you use sick days or vacation time in order to receive payment while you recover, you have the right to recover compensation for those days. If it weren’t for your injury, you would not have been forced to use those benefits.

Perks

Missing or being unable to work may also mean you lost the perks that went along with your job. For example, you could claim the value of losing the use of a gym membership or company car.

Speak To A Houston Lost Wages Lawyer

Proving lost wages and the process for doing so can be complicated. An experienced Houston personal injury attorney at Milano Legal Group can help you by evaluating your lost wages claim and determining the amount of compensation you are owed. Call (713) 489-4270 or contact us online for a free consultation today.