Oberg Law Office

November 21, 2022 by Oberg Law Office

You really need to consult with an attorney before you give a statement to the other party’s insurance company. It’s a really important part of the process, and it will be used against you should you say something that hurts your case, either as to how the incident happened or how your injuries have affected you. What you need to look at is why did the adjusters want to take your statement? The answer is to lock you down on your story. Do they really need to hear from you about how the wreck happened? Chances are no. They’ve probably already heard from their own driver as to how it happened if it’s a car wreck or their own business if it was a premises case.

If you give them your statement, while you are usually not under oath, you will likely be asked if your answers are true or correct to the best of your knowledge at some point during the recording; and because of that, it’s likely to be used against you. So why would you want to help them do that? The things that are said in a recorded statement can be taken out of context and used against you. For example, a recent client was rear-ended at an intersection, which resulted in over $6,000 worth of damage to the rear of her car and over $4,000 damage to the front of the defendant’s car. She was not bleeding and did not ask for an ambulance due to her concerns about how it would be paid for.

The defendant asked at the scene if she was “okay”, and she responded that she was. So her answer was that she was okay but what was that based on? Compared to what? She had just been rear-ended while stopped with no indication that she was about to get hit. She thought she could have been killed, could have broken her neck, and could have been in the hospital for days and unable to work, unable to play with or care for her kids: All these thoughts ran through her mind right after the wreck. So when asked about how she was doing when she got out of the car, she said she was okay. Compared to what she could’ve been, she was okay, but that doesn’t mean she was free of injury.

So how does that play out? A year later, in her deposition, the lawyer for the at-fault driver pulled out her recorded statement and pointed out to her that she said she was okay at the scene, so therefore there must not have been a significant injury. Another thing is that people sometimes are too forgiving of the actions of others. I’ve had recorded statements where the injured person bent over backward to point out that the defendant didn’t mean to do it or it could’ve happened to anybody; and while these are nice things to say, these quotes can come back later and be used as an excuse to deny responsibility for your loss.

When you go to trial in these cases, the question is always about negligence. Negligence is a hard, mean-sounding word, but that’s what has to be proven to win at trial. If you give a statement right after the wreck stating that no one was at fault or negligent, it’s going to be used against you at trial.

Is Filing A Personal Injury Claim A Relatively Easy Process Or Not?

A long time ago a lawyer much older and wiser than me explained to me the concept of the three-legged stool. For a stool to stand on its own, you have to have a minimum of three legs. If any of those three legs is missing, then the stool will fall over and not support the weight that you place upon it. The three legs of a stool necessary to have a viable personal injury claim are:

Liability, which is how it happened and why it’s someone else’s fault. This includes the carelessness or the violation of safety rules that caused the injury.

Damages, which is how it has impacted you and that’s where we talk about your injury, your medical expenses, your impairment, your lost wages, the way this has affected your personal life, your family and your work life.

The ability to pay, which is usually determined by the availability and the amount of insurance. The ability to pay leg generally depends on the level of insurance, how much of it there is or if there is a corporate payer. If you have your choice and you are going to get hit, you want to get hit by someone who has the ability to pay you. Truck wrecks have a tendency to result in larger settlements because they have larger insurance policies. If you are hit by someone with no insurance, then they likely don’t have the ability to pay you; you may have a million dollar loss, but that doesn’t mean you have a million dollar lawsuit against the person that caused you harm if he doesn’t have the ability to pay you. The damages kind of speak for themselves. You have to have damages in order to have a claim.

What I tell my clients is if you stop at a light and a drunk driver blows through the light going at 80 miles an hour and almost hits your car, you almost have a claim because you weren’t injured or you weren’t damaged and it hasn’t impacted your life. Finally, the liability, which is who is responsible for the rule violation or the fault that forces the other person to pay, is usually what we end up fighting about. How an incident happened is always the source of a lot of difference of opinion, depending upon whether you were the bad actor or the victim. Those are the three things that you have to look at; and if one of those legs of the stool is missing, weak or damaged, then that’s going to be the part of the case that the insurance company and the defense lawyer focus on to prove your claim is not liable.

For more information on Dealing With Insurance Companies, a Complimentary Strategy Session is your next best step. Get the information and legal answers you are seeking by calling today.

November 20, 2022 by Oberg Law Office

Don’t take anything for granted. Many people assume that the police will do a full and thorough investigation after a collision. Unfortunately, that isn’t always the case. Your safety and health are the primary concern after a wreck, so if you need medical care, get it taken care of by going to the hospital or seeking medical help as soon as possible. If you are physically able or have someone with you who can do it, get the name, address, phone number and driver’s license number of the truck driver. Take photos of the vehicles involved, including any signage on the truck or trailer. Take photos of the license plates of all vehicles involved, as well as the damage to the vehicles. Photos of any skid marks or gouges in the pavement may be helpful.

Get the contact information of any witnesses who are at the scene. Take photos of the witnesses also; it may be helpful when you need to find them later. Get whatever information you can at the scene and get it to your lawyer as soon as possible.

The police agency hopefully will do a full and complete investigation that may result in a lot of things being duplicated with your own efforts. However, there are many times that the police reports generated after a wreck are just plain wrong. Having collected your own information helps when we need to correct any errors or misunderstandings that appear in the police report.

How Important Are Witnesses In These Cases? What Is The Best Way To Utilize Them?

Witnesses come from a couple of different categories. Of course, witnesses to the actual collision itself are very important to the investigation of the rack. These witnesses can provide information regarding the speed, direction, and any movements of the vehicles that were involved. The guy witnesses can also talk about the damage to the vehicles and the injuries that they saw they were caused by the wreck.

The other type of witnesses that are of utmost importance are what we call “before and after” witnesses. These are the people in your life who can come in and talk about how this collision has impacted your daily activities, physical health, mental health and outlook on life. These witnesses are typically family members, close friends, co-workers and others in our life on a day-to-day basis. These witnesses are key in showing a jury ultimately the full impact that these injuries and damages I’ve had on your life.

What Are The Biggest Challenges Involved In A Trucking Accident Situation?

Some of the biggest challenges that you will face following a collision have to do with getting the appropriate professional medical care that you deserve. Many people assume that their health insurance will not pay for medical expenses caused by a truck crash that was someone else’s fault. Some doctors will even tell you that they are not allowed to bill your health insurance for charges as a result of an automobile or truck collision. That’s simply is not true. Health insurance as an obligation and responsibility to pay for your medical expenses, regardless of how they are caused. Most health insurance policies contain a subrogation clause which allows the health insurance company to seek reimbursement from the wrongdoer’s liability insurance. The reason you want to use your health insurance, in my opinion, is so that you can get quality medical care immediately.

Health insurance companies usually have a list of quality medical care providers who have previously agreed to accept the payment of the health insurance company. Often times, the health insurance rate is a rate reduced from the full rate that would be charged by the doctor to a “cash” customer. Unfortunately, some medical care providers do not like to get involved in an auto collision or truck college in cases.

I believe they stay away from those types of injuries because they do not want to be involved in the litigation where they may be forced to give their deposition or gift trial testimony regarding their care and treatment. If your doctor refuses to treat under your health insurance for auto injuries, then your options are somewhat limited. That is why it is important to retain a lawyer early in the process to help you navigate this medical care situation.

The next biggest challenges they face and a truck collision cases dealing with the trucking companies adjuster or claims service. Trucking companies are involved in claims on a daily basis. These people are professionals. They keep their jobs by paying as little as possible on claims. The profitability of the company and the insurance company involved is based on paying as little as possible for claims. Period because these people are professionals and deal with this type of situation all the time, they know all the tricks of the trade to Minimize the value of your claim and minimize your loss. They will lie to you, they will trick you and they will try to convince you that your injuries are “no big deal”. They will also try to convince you that you do not need to hire a lawyer. Now, why would they do that?

The reality is that claimants who are represented by skilled, competent attorneys recover more money for their injuries and damages the people who are not represented. They are not saving you money by telling you to not hire a lawyer. Instead, they are saving themselves money by dealing with you directly.

For more information on Evidence In A Trucking Accident, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

November 20, 2022 by Oberg Law Office

Yes. Generally speaking, a statute of limitations for the claims of a minor does not begin to run until they turn the age of majority which is 18 in Texas. So from that date of 18 years old, you have two years for the minors’ claims to be filed if a lawsuit is necessary. However, you don’t want to rely upon that too heavily because it may surprise you that parts of the claim that arises out of a normal auto collision don’t really belong to the minor but are the right and the responsibility of the parents. For example, the medical expenses that are incurred by a minor are the parents’ responsibility and therefore they are the ones entitled to make a claim.

So if you have a 12-year old child and medical expenses, the parent has to make the claim to recover the medical expenses within two years of the date of the wreck because the two-year statute of limitations applies to the parents claim. The minor’s claim which is more for personal things like pain and suffering and impairment, the clock doesn’t start ticking until the minor turns 18. It’s a very confusing area of the law and the safer bet is to go ahead and just use the general two years from the date of the loss in order to protect everyone’s rights.

What Steps Does Someone Need To Take After Being Involved In An Auto Collision?

The more information you’re able to gather at the scene, the better. Obviously, if there are eyewitnesses that can be identified and get contact information, that would be great. Follow the police and most importantly ask the police to do a report. Often, officers are reluctant to do crash reports following a collision based upon frankly their misunderstanding of how the insurance system works. I’ve had officers tell me before they believe that if they don’t do a report that the insurance companies will just “work it out”. Nothing could be further from the truth. Actually, the lack of a police report can make it very difficult to get a claim to resolve with an insurance company.

You have to keep in mind that the insurance company is likely to adopt their insured version of the incident and you have to do something to change their mind and that’s where the help of independent witnesses or a police report comes into play. The next thing is if hurt people go to the doctor, so you need to get medical care as soon as possible. Obviously if you’re hurt severely, you need to go on an ambulance and go to the emergency room but if possible, have a friend or a loved one get out to that scene and take photos as soon as possible, things like damaged auto parts that are in the street or skid marks, things like that can disappear rather quickly.

If it’s possible, get some photos taken, that’s helpful. But finally, go to the doctor, get the care that you need and listen to the doctor’s advice with regard to the nature and the duration of the treatment. They are the medical professionals and you need to use them.

Should I Notify My Own Insurance Of The Collision?

Yes, you should notify your own insurance company. That doesn’t always mean asking for them to set up a claim per se but you need to give them that option. You have a duty to cooperate with your own company under your own insurance policy. So ask them what they need you to do. You’re not technically required to notify the other driver’s insurance but if you’re wanting to make a claim and ultimately get paid on your claim, someone needs to start the process. What if the other driver doesn’t notify his insurance company? It’ll only add to the delay in getting the claim process started.

The downside of notifying the other party’s insurance company is they will likely want to take a recorded statement from you which we strongly advise against unless you have spoken to a lawyer.

How Does A Gap In Medical Treatment Impact An Auto Collision Claim?

In my experience, gaps in care are case killers. If you wait to go to the doctor, you better have a darn good reason. I thought I would be okay or I thought I could shake it off probably isn’t going to be a good reason. While the medical literature indicates that the worse symptoms from a sprain and strain type injury may not show up for 48 to 72 hours after a wreck, an average juror is going to be very suspicious of treatment that didn’t start several days to weeks later. Each injury has to be evaluated on its own. If you need neck surgery and you didn’t have symptoms of tingling or numbness in your arms for a few days or weeks, you’ll probably be okay with that claim.

If your complaint is more of a sprain and strain type of injury and you don’t get started on your treatment for a week or two, it’ll be more difficult to convince an adjuster and ultimately a jury that the injuries are significant and long-term. The final thing that you have to take into account is the severity of the collision itself. While there is no medical literature that links the amount of property damage to the severity of an injury in an auto collision, the reality of the courthouse is that jurors expect to see a lot of twisted metal and broken glass. If there is not a lot of damage to the vehicles, they are going to be even more suspect of a possible injury claim.

If you have very little damage to the vehicles involved and a gap in care from the time of the wreck until medical treatment starts, those are two very big hurdles that you’re going to have to jump in order to get a recovery.

For more information on Statute Of Limitations For Minors, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

November 19, 2022 by Oberg Law Office

Auto accidents or auto collisions come in all shapes and sizes. However, as a general proposition, the root cause of all collision is usually following to one of three categories. One, distracted driving; two, lack of sleep, or three, impaired or drunk driving. 94% of all clashes are caused by human choice or error, according to the National Highway Traffic Safety Administration. That’s the fatal decision to get behind the wheel after drinking. It’s the decision to speed through the intersection as the light is changing. It’s the decision to drive after a sleepless night.

It’s the decision to send one more text from behind the wheel to let someone know you are on the way. If you look hard enough, the cause of almost any collision is a choice made by the defendant to violate the safety rule that all drivers know of and that all drivers know the consequences of.

What Are The Top Misconceptions People Have About Auto Collisions?

One of the most common misunderstandings is the speed with which things will get resolved. A lot of people have been bombarded over the years with the commercials on TV, talking about the good neighbor and the good hands folks and how quickly they resolve things and the reality is that it rarely happens that fast. The second most common misconception is that it’ll — that the insurance companies are there to help them. Insurance companies are based upon a business model to resolve claims as cheaply and as quickly as possible. They’re not there to treat you fairly.

They’re not there to be your friend, they’re not particularly interested in justice or fairness; they’re interested in paying as little money as possible and closing the claim. Sometimes they attempt to do their job by quickly rushing and offering you money before you realize the nature and extent of your injuries. That happens fast. It also happens very unfairly. So it’s important to understand that in order to be able to evaluate your own claim, you need to know what’s the nature and extent of your injury and how long is it going to last. Until you have that information from your medical providers, you have no business trying to settle or resolve your claim.

What Are The Statute Of Limitations For Bringing An Auto Collision Lawsuit In Texas?

In Texas, the personal injury claims are governed by a 2-year statute of limitations. That means that a lawsuit must be filed and served upon the defendant within the 2-year anniversary date of the date of your injury, which is the date of your wreck. Of course, you don’t want to wait that long. A suit needs to be filed well in advance of that 2-year anniversary date in order to make sure that you have all the proper defendants identified and served.

Sometimes defendants can be difficult to locate and serve suit papers on, sometimes corporate defendants can be difficult to figure out exactly who is responsible and whose employees are actually responsible for the negligence that caused the occurrence. But as a general proposition, you have 2 years to get your lawsuit filed. That does not mean that your case or your lawsuit has to be settled within 2 years but if you don’t get your case settled before that 2-year date, you have to file a lawsuit to protect your rights or else they will be barred by the statute of limitations.

For more information on Auto-Collision Claims In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today.

November 18, 2022 by Oberg Law Office

It’s everything with regard to an injury case. The best storyteller of an incident or of the impact of the incident on the person’s life is someone other than the victim. Unfortunately, a lot of times, we don’t have any of those other witnesses. Many times, in auto collisions there are plenty of other drivers who have actually witnessed the collision, but either they don’t give any information, or they don’t stay around. Without that, it’s why insurance companies tend to give so much weight to a police report. Ninety-nine times out of 100 the police officer didn’t actually witness the incident. All he is doing is regurgitating what he heard from other people at the scene, but you have to have something.

Photographs of the vehicles involved can be very important; now that everyone has a cellphone, there really is no good reason to at least get some photos at the scene of the collision that shows the relative position of the vehicles and their damage.

Of course, if you are transported in an ambulance, you might not have a chance to do that, but it’s always important to be able to show the significance of the impact if it’s a car wreck or the layout of the intersection. Ultimately, if you are on a jury, what would you like to see? You’d like to see pictures showing the way that it happened and how it happened. Gathering that evidence upfront is critical.

Do You Recommend That Your Clients Keep A Journal Of Events After An Accident?

I advise them to live their life as best they can as if there is no claim or there is no lawsuit. If you are the kind of person that keeps a diary or a journal to help keep track of your thoughts, I urge you to do that. If it’s not something that you do or are comfortable with doing, then don’t do it. It’s probably a good idea to keep some sort of a record of what happens because, with the passage of time, you are going to tend to forget about things. If you end up having several visits for physical therapy, two years from now — when you are giving your deposition about it — you are probably not going to remember every visit you had or which visit you may have missed, so it’s nice to keep a journal of that.

Your focus needs to be on getting better and getting your life back together; so if that’s the kind of thing that’s going to be hard for you to do or you are not going to do it very well, then you’re probably better off not doing it at all.

November 17, 2022 by Oberg Law Office

The great State Fair of Texas is just around the corner! Dallas plays host to this annual event, which is great fun for all.

Here’s a few simple rules to keep in mind to stay safe doing your visit to this Texas tradition:

Stay Hydrated – drink plenty of fluids – it gets hot out there
Keep a watchful eye on your kids – big crowds mean opportunities for children to get separated. Consider dressing in matching brightly colored shirts to help keep track of everyone.
Be sure to wash your hands after petting the animals. Touching the farm animals is one of the favorite activities for kids. Just make sure we clean up before we move on to the food!
Avoid amusement rides if your see broken parts or an inattentive operator. It doesn’t happen often, but people can be seriously hurt bon the amusements if they malfunction or fail.

Most of all, HAVE FUN! The great State Fair of Texas is a real treat and Dallas is blessed to host this great event!

November 16, 2022 by Oberg Law Office

We thoroughly investigate the details of your crash to prove if:

Trucking Industry Regulations Were Broken

Trucking companies are required to keep extensive driving logs and records. If the driver who caused the wreck was not following procedure, he or she could be held accountable for causing the crash.

The Truck Was Not Maintained Properly

In the event that the driver or trucking company failed to make necessary repairs to the truck that led to the wreck, one or both parties may be held responsible for the crash.

The Truck Driver Failed To Obey Traffic Laws

A truck driver can be held responsible if he or she was speeding, failed to obey posted signs, or was driving carelessly at the time of the crash.

As a Texas-based professional lawyer for semi-truck wreck claims, we have cases pending all across north and east Texas, with our principal office in Dallas County, Texas.

Dealing With Another Party’s Insurance