7/7: Personal Injury Law with Lee, Gober, and Reyna

Ask The Experts
Saturday, July 7th
Ask The Experts, for July 7.
00:46:49

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

Welcome and thank you for joining us on another episode of ask the experts right here on talk thirteen seventy. This is show about your health your life and much more with our rotating cast of experts. To catch up on past episodes you can visit our web site. Talk thirteen seventy dot com slash experts and of course if you have a question for any of our experts ask at any time feel free to email us. Ask the experts I talk thirteen seventy dot com. Joining us on the program to air the attorneys from league over and Reina law firm. In the studio with me is trade go over and morrow Reyna morrow tray over into the program and you act as Richard. Of course if you have any questions or he would like to get in contact with. The governor and rain you can visit their website. LG art law firm dot com again that's LG art law firm dot com and of course your name called at 512808000. Gentlemen let's go ahead and start the program. By letting our listeners get to know a little bit about shall. Tells much ourselves. My name is an old arena and with me is gonna go over we are partner attorneys that law from of me go over and Rainer. We handled primarily personal injury accidents. Than from automobile accidents it could be even premises liability case is richer. Slip and falls or accidents on other people's property. We do some criminal defense and we also do uncontested divorces but we try to focus primarily on those. Personal injury accidents. Accidents as a result of somebody else's. Negligence or accidents and all. No we're located. At 11940. Jolly of a road. It's suite 220. Cache S presence out it's the back building. It's in north Austin Nero one Adrian. Duvol area. So we live in central Texas and we have a heavily Hispanic population do you have any Spanish speaking attorneys have may be able to help. I'm the attorney moto that handles. The majority of the Spanish speakers. You and I'm not exclusive to the Spanish community but most. Of the Spanish community. They elect to speak to attorney directly if they can and since they have that out with me I usually take the Spanish speakers but I'm not obligated to take them. They can be shared between the other attorneys because we do you have Spanish speaking. Legal assistants paralegals are receptionists. And their help let's at a half of our. Team actually speak Spanish at a law firm so. We handled. Both Spanish and English. And I'd do most of my clients are the Spanish speakers we don't cater to the Spanish community but I really feel like me. Like to hear the attorney speak directly through them. And they have that option when they come they're offering to actually sit down and the attorney look at them as beat them directly and answer any questions in my. And Spanish inspection do you find that there's a level comfort one and they can speak more freely and honestly with you. Yes because is known lost in translation and is just a regular conversation they can have. Which means without having to use it's somebody from our office a translator so sometimes they bring in a family member or friend transit with diamond. That's unnecessary to come there are firm. Gentlemen I have my first legal question for you if I was in an accident and injured. What are the key things I need to do to protect myself if I decide to pursue a case legally. When it's so my friends or family that are an accident. Many times they call mean nearly after. While he might not be thinking about con attorney nearly after you don't know one as of my friends and we do. I tell them to collect evidence you're on the scene right now you wanna document. Whatever happens immediately after the accident when I take photos of any property damage any. Photos of the damage there vehicle voters of any. Being that caused you harm. Photos of the other person's insurance company photos of their driver's lessons. You wanna beat us 21 on the scene you want to collect all of that evidence for this gonna go away the second that seems. God and that seems gone after the police officer comes and doesn't read ago. Afterward came from said the police be called yes always contact the police after an accident regardless. How might you might think it is because everybody's definition of minor major's going to be different. You might be feeling OK immediately after the accident but what is okayed its defined by how you feel. Everyone's different and why you might think you're OK after an accident. It's because you may be in shock you might just be surprised by what happened in your whole body stands up and you just don't know what to do which are not dead so he seemed okay yeah. So you wanna. And photographs of any ski in march of debris and property damage and then you wanna contact the police there's no exact order of that. But you can do it on the scene at the same time and end the peace officer come out. You know swap out there and transformation between union the party. Eight down any witness statements sometimes if there are witnesses. And they're going to be the immediate data collectors they're gonna be the ones on the scene. Saying how. Where the accident occurred with the time and date was booed. Always involved in the accident whether it was the driver passengers. The names everybody ages of everybody so if you don't call the police you lose out on the opportunity to get all that data collected. An official. So you're absolutely when a caller please. Immediately after an accident. While I imagine after an accident you or someone at. You know and a different state of mind maybe a little to come Bobby played in not being able to pink streak in all that stuff to. Absolutely and if you call the police. Part of our jobs is is to investigate. The accident you have like collecting now one phone cause as well and so we will hear it. All and I want phone cause a racer car accident and then all goes into. Our client's case file and without she'd taken that step on the police do lose out and audit information follows Obama. And sees addition at the names and numbers of witnesses is while and write down what I remember happening. You probably don't want to. Take note of what you think happened my writing it all down a you want to have the police officer there. Interviewing witnesses because what could end up happening is. You made a mistake you remember something differently. And you wrote that down in accurate that down Akers. He discovered later on and if you have to follow lawsuit. Because it's a written document that you've made. It's best to just call an attorney. Speak here to call it yeah specifically you guys it's best to caller law firm you can speak with us directly will take notes down. Will hope you with the process. You're job is going to be either caught or please give better. Let us investigate the accident. What is Pippen how to eclectic. It is an abbreviation. Or insurance coverage caught personal injury protection which she put on your own policy. It's a no fault insurance coverage that can be used whenever year. In. Accident involving a motor vehicles and you don't have to be in a motor vehicle necessary that collective you can be walking across street. And if you're hit by a motor vehicle it would. Come in the play at that point but you you wanna put on your own insurance policy. And I don't know the exact stat on the amount of uninsured motors that are driving Nestor and osment there's a lot of them. If you haven't have an accident with somebody without insurance would be there at a minimum to. Come in and cover some of your medical treatment of two. Specific amount that you put on here at his interest policy. The amount men on the put on your policy is 2500. But it can also be 50101000. Thirty Dow then there might be interest policy out of their rights a million dollars in coverage of personal injury protection. And that's there on your own policy to protect you in case you're in an accident with a motor vehicle. And you collected by submitting your bills and also. In case is lost wages two year old insurance covered an insurance carrier. Whoever you cheers. And for the amount that you have on the policy is going to be the maximum amount you can collect. You don't always have to have an attorney to collective but there are some carriers are two other. That are much worse than others that will fight you even if they're your own insurance company insurance companies or businesses they make profit off of not pain. Total value on planes are in May profit up enough pain. Absolutely and so you want somebody on your side to help you collect any interest coverage whether it's against another person or your own insurance. Because there's a possibility that they're going to try to pay out. The minimum out policy. Well at and the best way to collect your personal injury proceeds is by contacting our office. Hearing us through the details of your interest policy we can go ahead and research what coverages you have available. And we will collect the maximum amount under the covers that you have on the policy if the bill is matched and I covers that you. And again that number to contact the league go over and Reina law firm is 512808000. It and that's 512808000. Gentlemen we have time just for one more question before we head to our first break what is UN or U I am on my policy. The stands for and insured motorist and under insured motorists this would ever use if you are involved in an accident. Auto accident that is caused by in that fall of another party. And that person. Who caused the accident. Either did not have any auto insurance or did not have sufficient auto insurance. To cover the medical bills so the situation we talked about earlier where. You know million dollars in medical bills but the apple driver only has 30000 dollars in insurance coverage. That would be underinsured motorist coverage. And and like it. You in you I am and that the personal injury protection which moral justice goes. These are two policies especially the person and protection insurance companies are quick 200. Agents are quick to cut. Quick to not offer you. And they're not as good of a bet for the insurance company. And so that's why actually the legislature in Texas has stepped and protect insurance consumers. And requires that all insurance companies offered to. And in four order for you to not have this on your policy you have to sign and say I'm aware of the UN you I am policy being offered I'm aware of it personal into action being offered and I reject those coverages. And if the insurance company can't produce that and they have to at that time provide those coverages to you. Even if you've not been paying those premiums and so would that be something I can purchase foreign policy. Absolutely. It's actually usually very inexpensive compared to the other endorsements that you have on your policy. It's something people overlook they don't understand the necessity for it. And it's something you should be buying. Higher limits on because we all know how expensive medical care is today. It is extremely easy to go to the hospital on one to 300000 dollar bills and who you should have even if you have health insurance. Should have coverage in that amount. You know I've I would I would always recommend to friends and family you know look at 250000. Dollars or more management and. We're sitting down way train go very MR rain now where is the the league go over and rain a law firm to get hold of them you can visit their website. LG art law firm dot com or you might call 512808000. We're gonna step aside for a quick break and we'll be back with mark ask the experts are right here on talk thirteen seventy. It. You're tuned in to ask the experts right here on talk thirteen seventy to show about your health your life and much more with our rotating cast of experts. Today's guests are tomorrow rain and a and trade go over with they've leaned over and rain a law firm. Gentlemen welcome back to second segment. So I have a question. If I wasn't an accident incited to bring a claim against the person responsible. While they have to pay any money out of pocket you. There. They're probably not going to this is a question we get quite often. Frankly I think as a testament. Southern hospitality of our clients. They they're injured. We know the FO party is but they just would to a really bad if they were to have to make that person to cause the accident pay for these injuries. That's not Merkel our goal is to seek recovery from the app fall parties insurance from the apple parties insurance. Carrier. And so we're doing that by presenting the clinic here here in and making it in Germany them. If I was an an accident and need to go to the hospital. What insurance should give them. It depends on the case. But there's two routes is gonna happen the first round is you give them the other drivers car insurance. And then the house was gonna go against the other person's car insurance. This is in case you don't have health insurance or if you prefer not to get your health insurance and barred because. Washing your health insurance have to pay out for when somebody else caused you harm and racked up your medical those. Why should they benefited from the fat and yeah publishers. If he'd go that route of giving the hospital to another person's car insurance and they can follow what's caught a hospital mean it goes against any. Proceeds you recover from their automobile accident claim. And they're going to basically build the other person's car insurance but also in. Find that mean ensures that they are actually going to get paid that's something that we will help them resolve in the end we you'll help at the hospital mean it doesn't go against. Your personal property is as I lean on your house or your job it's just so lean on any proceeds that you received from the auto accident claim. So it's not gonna mess of your creditor anything and that's the route as if if you answer out of presenting the other driver's car insurance and hostile. Yet and I'll chime in their two is it's a situation where. I think it's again dynamic to the specific facts that case it's a reason why you would wanna call us. Early on a case. To to help make these decisions with in many cases it is a good ideas Maro mention. To provide the auto insurance information. There are some cases where it is better to provide your health insurance. Let's. Let's talk about that case re have a million dollars and medical bills and there's only 30000 dollars and coverage in that case you're probably better to use your health insurance. Then to use the auto insurance even though there's going to be an adjustment on the bill. From your health insurance. Now home that will then put you at risk of having what's called a segregation claim. What's important you know as you don't have to know anything about any of that when you it is involved early on the case were taking care of all of this stuff for you. But depending on the case Hume you may wanna have your auto insurance information hospital you may want to have your health insurance information. And if you don't know the difference of wing you would want to use those two things that's a perfect reason to contact us. And how long do I have to pursue a case legally. Well. You know the this thing first thing I tell you in moss goes there's there's a general rule and then there's an exception. And the fact that there's always an exception is his lawyers making the law complicated so that we have. Job security. They're there's are really a simple answer this question. The general rule of thumb is after a personal injury you have two years to bring a claim. There are certain things that can limit that amount of time. We could talk a long time about those one of them being statue were pros for example you can have less than two years to record. If however were talking about an injury to a child and there's not some other limitation like a statute or were those on a product Klein. Then we're talking about two years after that child turns eighteen. So we it if we have one Euro. Then we would in theory have you know it was an accident happened on their one year birthday. You would have nineteen years to bring them. Now just because you have nineteen years doesn't mean you should wait nineteen years you're gonna lose a lot of evidence he but as a general rule of thumb claims must be brought within two years. But you know we wouldn't advise someone to wait two years to call our office to get involved and the sooner the better. And in terms. Again to contact the league Dover and rain a law firm you can call the map 512808000. Again that's 512808000. Gentlemen if a drunk driver word to cause an accident who can they injured party make the claim against. And our law firm we love. And get these cases we've all gavel and in some come along the fence and when you have a car accident with a drunk driver we know that elements. Of the criminal side of the case properly addressed the on the personal injury side of the case. The answers the question is you can make a claim against that driver you can make a claim against the vehicle owner. The person driving their vehicles they're not always gonna own the vehicle of the driving. You can also make a claim against. Whoever was serving in the alcohol. Last he could be the bar owner and a committed potentially be. Someone's homeowner's insurance policy if they were you know on drinking at a buddy's house in the really jump there and they're driving home. But. Then maintain you could make is against the it's because the over serve that person at the bar they knew they were John. They kept on serving him drinks is charging for those rings has is trying to make money and then they sent to about there were way home. Right after they just gave a bunch of drinks and at that point you can hold the driver responsible. The vehicle owner responsible. And then the last bar that serves them responsible for putting that John driver behind the wheel of the car. And I'll just add in there so the bar that's responsible that it's called what we call a dram shop claim dram is an ounce of Flickr's notes that's where that word comes from. There can be social host liability if if the drinking. Occurred at someone's private home. There's really only liability Portman and underage driver at that point in in Texas under current and shop. By building statute and that the one other area of recovery for our drunk driving victims is crime victim compensation. So I have a case right now where my client unfortunately did not have the uninsured underinsured motorist protection. Did not have the personal under protection which we talked about earlier. Doesn't have any kind of coverage on her own policy it was hit run drunk driver who was later caught the didn't have any auto insurance owner of the vehicle didn't have any auto insurance. So our only source recovery there is crime victim compensation. Are firm doesn't take a fee on Nike's Olympic competition doesn't paint and he. But the clients not going to is we just do as Packers to a term writing them. And that compensations only differ. Your medical bills it's a last resort it's cause the recovery of last resort because it's a native. O pay your medical bills. So that way you don't end up in debt. Exactly so what if someone's assaulted at San nightclub or another business and no one knows the assignments identity is there anyone to see you. There's there's certainly can be is it just depends again on the on the circumstances. So if I'm if I'm at a bar. Or nightclub and some unknown third party attacks mean. There's there's very possibly a claim against the promus holders of the nightclub the bar. Especially if we believe that the assailant. It is was intoxicated because of alcohol served by the hour. So that goes back to our conversation about dram shop liability the bar is responsible for the actions of an overly intoxicated. Patron but also their could be a situation where there was atoms inadequate security. If the bar knows that they attract the type patrons there in the type of location. Where there's perpetual violence and assaults are right there on their patrons or by random third parties coming into their parking for example. Then they have to provide security for for their customers for their basement where the people who were there. If he you have a location or can mean store bank. Any any any business owner has a duty to the the persons to its customers to provide them a safe environment and if they know of dangers. To those customers they have to provide adequate security. Against the criminal acts of third parties. And maybe this answered as applied to the sex question as well but. If an individuals assaulted by an intoxicated person are entitled to compensation for their injuries and pain suffering from the individual who assaulted them. And at the establishment. Where the incident of the assault took place. Yes and in that scenario which you would do is you go against the person and that committed the acts if you knew they were and you would also make a claim against. The business that was over serving them or the business of where. This assault occurred. Because both could be at fault for this type of accident if the Bard did. Over served as persons of apart when they got rowdy and then they started beating up people within they're probably both at fault. So that they claim would be made against both of them and then and that at in this instance you would be entitled. Or medical goes pain suffering. Lost wages are the traditional elements of damages a come from these personal injury accidents. And you listing the person and he's you or the bar her astonishment. As. Person or place or going against. Many of them have interest policies so that that's also going against going against the person's insurance because most businesses. Are assured most bars have interest policies but let's say they don't. You would still hold the bar themselves responsible because. If they didn't pay for the insurance and that's their mistake but they should also be over convoy regardless her over certain people. Again that number to contact faith lead over and rain a law firm as I went to 808000. That's I went to 808000. They were up against another break but don't go anywhere we have more ask the experts coming up. Right here on talk thirteen seventy. This is ask the experts right here on talk thirteen 78 the show about your health your life and much more for our rotating cast of experts. For sitting down with the attorneys simply go Burke and rain along for an gentlemen before the break we were on the topic. On a personal injury. And different places like bars and nightclubs and so on but what should I do after following him. Store or someone's property as a result of something on the floor or a defects in the property itself. Well if tree went to you after you get up off the floor or whenever you release from. The hospital ER a one or contact our laugh from directly because. Evidence has a tendency to go missing. Immediately after any kind of acts in their claim. That are fallen so yes of property and we want to. Cute that evidence. Many store obviously a surveillance cameras. The relapse over themselves out there's a set amount of time whether to Gaynor we yeah depending on the amount of accordance based to have. And he might he race accidentally erased immediacy wanna contact us immediately after so we can send out letters. Of a preservation of evidence letters so that none of this potential evidence is. As we're gonna wanna get hands on it as if there's a video whatever happened. Or we're gonna want them video. And also. There is it's a legal term but it's caused subsequent remedial measures. And it's a good thing and it's a bad thing because it's good if there's a deep at the somebody's property they go in there and fix it. It's that's a good thing. But to go on their fix it Demi is gone and we can no longer document whatever defects was there. If he slipped on. Agree they're probably gonna go on their pick it up right away but let's say there's a big hole on the floor. And it's still there or whatever broke in cause you to fall. We wanna get pictures of it or collective entirely before they get in there and fix it. And then make a face because you want them to fix these dangerous. Things but if you don't cost and time and and a community Q whatever evidences and you might visit. In which he lose it you could lose a case. And what if what if I don't have the money to pay for the necessary medical treatment it's actually a vast majority of our clients. Certainly some of our clients are current financial position where they can they have health insurance they can afford co pay in deductibles. But many of our clients down. So in in a situation where client doesn't have the means to cover the medical bills or word the expense of pursuing case. Our firm is coordinating. So that may be. Opening the client I'd enough by doctors who will treat. In such ways that the doctor is in heat until there's recovery from the insurance company. In in the same measure our firm as it advancing expenses. We actually don't have a measure for bringing for taking payments from personal declines. The money room closed in one direction from the farm trust account to the client. And so that for that reason. A client should not at all feel as those they're financially. At risk Mike calling us work or engaging us. Were making sure that they're not out of pocket expenses or medical bills that they was born. What do they run up a lot of medical bills and you lose case. That's going to ultimately be between them and the doctors. That they're getting treatment from. IE I know that a lot of the doctors were treating accident injury clients. That we know of they work with with. Patience our clients. If there was a case. And those now and in money maker currently on. I'm not aware of any clients. Having ever had to pay those bills later. But like you said it it's this situation. Between every doctor and work on every case. And we work our hardest mixtures that no one's ever put in the position. And do you tell clients which doctors to go to or the freedom to any doctor they want. A doctor the relationship between a doctor patient and our clients is always between. We're never telling someone you'd have to go to this country you'd view. This is the doctrine it. Our clients may ask us if we know of doctors that will. Treats someone who's in and now accident we certainly are aware of all of those doctors. But alternately decision of who treat with not tree which is the clients and we respect that decision. And who pays the expenses to pursue a case. That's going to be paid by the firm. Pursuing a case can cost tends to even hundreds of thousands of dollars. And so. The cost pursue the case is often something that and he. And insurance carrier world leverage against a client doesn't turn. Once the client has an attorney. The insurance company will get a different Chester involved they know that the case it's gonna be pursued. And they know that were going to. Demand a fair compensation for clients in and be there to pay the expenses. To see if that happens. And again to contact the league over and during a law firm you can visit their website LG art law firm dot com argument call 512808000. What is over nation and how do you guys help with that that's that's. Probably about a third of my practice in terms of hours every day. It is the things that clients and potential clients know the least of now. We could we could spend days on this topic but it generally somber occasion. Is where one company. In and most of our case that your open churns company. Is asking to be paid back dollars that it paid for your injuries where you made your recovery from some third party so if you're in an auto accident. Your health insurance pays for your medical bills. And then we make recovery against the apple parties auto insurance. Or health insurance main cast be paid back so. The way we help with that is one trying to avoid the segregation claim at all. If there's not a claim asserted and not down by. And to. If there is a server nation claim that asserted identify whether it is subject to federal law or state law again we could spend a lot of time on the it's not something that any of our clients need to understand were always have to explain it. And then once we identified that segregation claimants objective federal law or state law. We will negotiator reduction on the aggregation climb to see that the health insurance companies is not receiving an unjust and now recovery. Relative to the but generally are our approaches to maximize every dollar to our client and and explain to me. Uh oh what your approach would be to settle my case that's a good thing about coming to our law firm as we are not. Which some would call a mill law firm. Where we take on. Thousands of cases at times with the attorneys completely overworked when you come there are law firm we pick and choose. Our cases and you get a more detailed Taylor representation. You were for partners going through this whole case together. So when we signed you up you gotta be able to note where women to go to this as a file a lawsuit on it. The client's involvement is going to be. Getting better. Our job is to. Investigate the accident. Collect on the evidence and all the photos and talk to the witnesses. You're Joseph is to get better in the united Goodyear and doctors' appointments you've got to follow your doctor's orders you've got to. Pitchers so. In a position where a year almost as good as you were before the accident how you feel release as good as. You can get to a new job as of fuel. Better because this is the only chance you have to make the other person before. Then once you get better is when we make the other person's insurance pay for it that's when that's the second part of her job after an incorrect and evidences. It all your medical treatment paid for by the other person's car insurance so. Our jobs to do that you just to get better and allow cities that. It's a do you till it approached him we have a case by case basis. And at the end it's the make the client happy it in the very end there are going to choose whether or not to accept an offer. For settlement or continue on a follow lawsuit in litigation team to long rooms at the shore road. It's up to decline we can give them. Our advice we can tell them this is a reasonable offer or into other in your case is more valuable in this and we should go foreign follow Aussie. Some people don't wanna file a lawsuit and that's completely fine. Then we'll approach it with a sense of us just maximize another and each unit. And it's the approach is going to be based on what the client wants and there expectations. And it's our job to let them know. This is. The reason offer. Or. There you know not doing what they should be and I compensating you just what we should go our lawsuit and make them pay for it. But it's going to be clients. Decision. And how much involvement would decline have. They won't be communicating. We're going to be taking charge of all communication between. Car insurance. And them there connect communicate with us we're going to be. The quarterback of their case and doing all the communication with insurance company that there in the majority of there involvement is going to be going to doctors' appointments. Following a doctor's orders. If the don't feel better after a couple weeks circle wants of their achievement is that they just don't feel like it's helping. They have to let us know with the doctors now and and can get on the right path to recovery. Their job they give better yeah that's going to be there involvement and they can contact our loft from directly whenever they choose it's not going to be one of the law firms were they. Only speak with apparently I've caught five times and I have minority to my attorney once he's always on the office is always busy. They caller off from their going to speak with us directly. Our legal assistance might know. More about a particular matter of the case but. If you wanna speak to us they can call in whenever they choose to speak with us directly schedule time to come and sit down face to face. They're not going to be just a 50 or number. To our firms they're going to be our client beaten contact us whenever they want to. And again that number to contact them directly as I have one to 808000. Again as I went to 808000. I'd jump and it's time for our final break from the show. We have one more segment coming up. Right after these messages stay tuned. You're listening to ask the experts yeah. Welcome back to the final segment for this episode of ask the experts right here on talk thirteen seventy. We're sitting down with the attorneys have leaned over and rain a law firm. Gentlemen summer is well under way everyone's out on the lake what should someone injured in a boating accident you know. About how to protect themselves legally. As with all of these answers are. Potential clients don't know what they don't now. You know boating accident could be something as simple as. And auto accident you know of one of those that runs into another vote and in persons are injured that kind of claim kind of makes sense and and of itself that. A lot of boating accidents are single vote single water craft accidents I'd jet ski for example over. And so there could be a claim against the operator of the or one aircraft. And maybe an operator is intoxicated. Remember that the intoxication. On law statute is lower for Bo and vehicle. It could be that the operator was negligently entrusted with the owner of the vote media about thirteen year old. Who's operating his parents vote that causes an injury to to someone else. So there's there could be some claim there. There could be a knee boating accident where. A person falls over border that it is ran over. By the operator. And that person suffers injuries from the propeller that that's actually a fairly common injury and it's this severe century when when it happens. You lake water rushing into an open. And so there could be a product claim against the manufacturer of that of that boat though motor. And then the other Teva claim that we often see you with with boating accident. Is failure to warn claims so with the property owner on the late as asserted time. Control over a certain area. And fails to more and it's time unknown underwater key fact. In that area just like the premise place cases we talked about earlier. That property owner could be responsible for the injuries of that of that latent effect. Hiding just under the water that they felt more. We've spoken quite a bit about evidence. How do you make sure someone responsible for your client's injuries. Doesn't destroy any evidence you may need to prove your case will preventing them from destroying it could be difficult but. Holding them accountable for destroying it. It's certainly something that. Will familiar with the and the first thing that we're going to do on a case where there could be evidence that could be lost. Let's say we have a trucking accident and we don't want trucking company. And destroying files worthing news that they had a driver who's driving. While he was too tired word writing with with defects or problems of this truck. We're going to tell them to preserve all of that information. So much like mama talked about earlier preserving video evidence slipped her painful case we're going to ask them to preserve that information. If they later destroy that information. And we can have an instruction to injury that is the only reason destroyed this information was because it was going to be very bad for them. So it creates a presumption that the evidence would have been very bad for them. So it it's kind of the benefit of the evidence and having it. If but it and in word and in and they essentially to destroy evidence after we gave them a notice to preserve. And we what is the most important safety think. People make after being injured by someone else. There are a lot of common mistakes and it's not the fault of the person in the accident is nobody knows what to do immediately after an accident in the Symbian in them before. But one of the first mistake you can make is not calling the police. Somebody might not think that the accident was severe enough to warn car on the police that's not that's not. We should make that decision you wanna call the police right away you wanna make sure. That they come out the proper information is exchanged. And have been document what actually happened out there. One of the second things that that they can. The mistake that you make is. Saying that there okayed immediately after the accident. Because if they suited to an insurance company and they're contacting the insurance company directly after an accident. Almost all the conversations are going to be recorded are gonna say. If we have your commissioner record and you say your cake as you wanna trust these people on and on the other foot and the phone but. They're recording the conversation because they won. Almost trap you into whatever you say. So if you say. I'm OK right now I'm okay. And they're gonna use it against you and if the next day you start feeling pain. Not every car accident laws are broken them. Or a major concussion nurtured at a hospital. Times you know certain feeling pain toe on 2448 hours after the accident. And in the meantime a senior you know time. But later on certain feeling pain they can try to use your own words against. It's going to be. One of the main reasons why he won a contact us immediately after an accident as we're gonna being charged of the communication. Another thing you can do is. Post too much under social media. Did that can be very problematic if you're. In things out there that you shouldn't because they're gonna have a right to get that Mitterrand. And you could damage your case significantly. If you're seeing that you're too injured to. Go to work. Within. You had a trip planned already go on vacation you went on vacation anyway and there's. Voters have you smiling happy at the beach. They're gonna use setting interest in look he's a pitcher review on the beach. The week after the accident and you look fine. Well the pictures just. Is it shows what you interpret show. My campaign this is the one time he got to take a picture and they're gonna use it against it so you wanna keep the social media posting. Out of the equation don't. Post things you don't know if you ship us when a contest contact us directly. And we're gonna populate that so oversized knock on the please. Saying Europe a person's social radio. It's an interest coming directly. You win two on contact us those are the main things you want to avoid doing immediately after. Car accident while tray morrow we have just a few minutes before the end of the show. Would you. Mind telling us familiar most memorable cases and why you know I think the one that's most memorable to me is because it happened to me. And it certainly the reason why sorry. Do what I do today. When my family when I was ten years old Mike Stanley was it an on by a truck driver. While we were down vacation Galveston. It was his second drunk driving off on. Since then he's had leave three of her from driving arrests including another drunk driving accident. And at the time I lived in Dallas you lived in here is counting Houston. And now today after his fourth or fifth do you BI. He lives about two miles away from so that's certainly a reason why you why you will hear passion from us our firm. Representing driving victims or auto accident. And we just in along we know it from the personal experience. The no other type of case it's memorable or another case to me it's memorable. Is a client who was hit by an eighteen Wheeler. At first it looked like it was a relatively minor impact I mean if it did significant damage to your vehicle but it wasn't the type of crashed it. You drive past and think wow I hope that they live. In it was atop a case where. Because of the adrenaline that was rushing through her immediately after the accident having just been hit mine eighteen Wheeler. She would have gone now the vehicle and said you know I feel relatively fine I think McCain. But by the time that case was done. We've helped her get over 200000 dollars and medical care. That she wouldn't nailed afford you know pocket. We're we were able to go toe to toe with a billion dollar insurance company that had the money to pay the expenses to drag case on litigation. And we resolve the case favorably in federal court with which they drag us into mountains they they didn't want to a state state court case. In May really substantial recovery for our client because we were able to demonstrate. It weren't we will not take or result that's not fair it's not just for the injuries to our client. And so is really happy with that not just for what we are able to recover worker for the client. But for the fact that we were able to. Hope forget the medical recovery that she otherwise would not been able to get it in in Q that was the thing she was most appreciative of it wasn't checked this year at the end of the day because I think a lot of times people have this perception of you know our clients are just greedy people trying to hit when the lawsuit laundering money off of this. But really we're trying to bring a client back to the positions they were hurt in the accident. Using using established Texas law as it's. Well trade morrow wanna thank you both for joining me on the program today and lend our listeners know about your practice and what you do in the Austin community again thank you again. They experience it. If you like to reach the leaned over and rain a lot from you can give Mo call 512808000. Again that's five went to 808000. Their web site. Is elf genes are law firm dot com that's LG art law firm dot com. I've been here Houseman all Burris you've been listening to ask the experts and will be back. Next week.
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