Statute of Limitations for Filing Auto Accident Claim in Midland

Unfortunately, car crashes happen almost every day in Midland and throughout Texas. Most of these collisions lead to brain injury, paralysis, burns, catastrophic consequences, and in worst cases, death. After an accident, filing a car insurance claim is certainly an option. However, any lawsuit you decide to pursue is governed by statute of limitations.

>> What is Statute of Limitations?

To put it in simpler words, statute of limitations is the deadline to file a lawsuit. There’s usually a different time limit for a legal case related to vehicle damage. In Texas, the time period to initiate legal proceedings is two years from the date of accident. This statute of limitations applies to all the injuries stemming from car, truck, motorcycle, pedestrian, and bicycle accidents.

In most of the auto accident cases, the clock starts ticking from the day of injury. One of the most trusted ways to be mindful of the closing date is to consult an attorney.

If you’ve lost a loved one in a car tragedy and wish to file a wrongful death claim, you again have two years from the day the deceased passed away. However, for fighting a wrongful death case, you may even be considered an exception.

>> Importance of Filing Lawsuit within Statute of Limitations

If a particular case is not filed as per the statute of limitations, the courts may refuse to listen to the claimant. To ensure that you do not miss the cut-off date, it’s crucial to consult an attorney.

>> When Should You Hire the Services of a Lawyer?

It’s true that not every car accident requires you to seek the assistance of a lawyer. The injury attorneys in Midland and Odessa at the Law Offices of L. Clayton Burgess can help protect your legal rights and ensure your family receives maximum compensation. Midland auto accident attorneys have an in-depth understanding of all the nuances of law and this helps us analyze cases properly and come up with the most effective solution.

For further information and evaluation of your case, get in touch with us.

Time Limit To File Workers’ Compensation Claim in Texas

If you are injured at a workplace, you are entitled to receive compensation. For this, you need to find out if your employer has insurance coverage. All the injuries and occupational diseases must be reported within one year from the day they came to notice. Ideally, an injured victim’s failure to file a workers’ compensation claim in the stipulated time may have no legal effect unless:

  • The victim establishes a cause for failing to file the claim.
  • The employer or insurer refuses to file a report.
  • The insurance carrier accepts their liability for payment of medical bills and other income benefits.

To seek compensation, the victim has to follow the standard process, which is as follows:

  • Report injury:

After any injury, the first step is reporting the matter to your employer. If there’s no intimation within one month of the incident, you may end up availing no benefits.

  • File claim:

To file an official claim, you can do the same in person or by mail. Once the concerned department receives your request, it will notify your employer and the insurance company.

  • Handle disputes:

If the insurance company turns down your claim, it’ll be advisable to seek the assistance of trained attorneys. Our personal injury lawyers in Midland, Texas at the Law Offices of L. Clayton Burgess leave no stone unturned to make sure that your rights are protected and you receive rightful benefits. In fact, our workers’ compensation attorneys in Midland & Odessa will do a thorough analysis of your case.

In extenuating circumstances, there could be extensions and exceptions for filing workers’ compensation claims. However, if you’re injured at work, time is obviously of the essence. Hence, it’ll be wise to consult an attorney who has in-depth understanding of all the nuances of workers’ compensation laws in your state.

Our workers’ compensation attorneys in Midland & Odessa have more than two decades of experience in handling and resolving complicated cases. For further information, you can get in touch with us without the slightest delay!

Things to Know About Red-Light Camera Tickets

Most States have automated cameras installed at traffic intersections to identify red-light violators. If you have red-light cameras mounted in your locality, you may still not understand if you’ve got a ticket. There could be innumerable reasons that may cause you to get a red-light ticket — traffic signal could be obscured or duration of yellow light could be too short. Irrespective of the reason, running a red-light is a traffic offense. Unlike criminal offenses which are tackled in criminal court, for a red-light ticket you need to go to traffic court. Here’s all you need to know about red-light camera tickets:

Accuracy of Red-Light Cameras

Accuracy of Red-Light Cameras

Usually, the readings of red-light cameras are accurate but not perfect. For instance, if there’s a flash of the camera going off, you may not get a ticket. Before you get a ticket, a person will check the footage and will make the final decision to issue a citation.

How Red-Light Cameras Work

Red-light cameras usually have three important components — signal, cameras, and pavement sensors. The camera captures traffic going in one direction, and sensors in the pavement are installed to estimate the speed of vehicles. If the traffic light is red and the pavement sensors estimate that the vehicle is going too fast, the camera gets triggered. It’s then that the camera captures shots and videos of the driver going through the red light.

How Red-Light Camera Tickets Are Issued

Red-light camera tickets are issued and mailed to the registered owner of the vehicle. It may take around 30-60 days to receive the ticket in the mail. Usually, the red-light violation notice includes:

  • Time, date, and location of violation
  • Photographs and information of the violation
  • Cost of the ticket
  • Methods of payment
  • Your rights and options of contesting the ticket

Though State laws vary, there are many States which have specific defenses for drivers who prove that they were not driving the vehicle when the violation occurred. Only a seasoned attorney has an understanding of the specific nuances of the law and can effectively contest the ticket. Car accident attorneys in Midland, at the Law Offices of L. Clayton Burgess have an in-depth understanding of all the nitty-gritties of law and this helps them to fight for your rights efficiently. If you have a valid case, get in touch with our injury attorneys in Midland without the slightest delay!

Find Out When You Need a Personal Injury Lawyer

Personal injury cases encompass

After a person suffers a severe injury, insurance companies might exploit the law to serve their vested interests by sending their own investigators and attorneys, who would then try to minimize the damage you have suffered. This is why you need a dedicated injury attorney who can fight for your just cause.

  1. Automobile Accidents
  2. Premises Liability,
  3. Boating Accidents,
  4. Construction Accidents,
  5. Gas Explosions,
  6. Bus Accidents,
  7. Wrongful Deaths,
  8. Motorcycle Accidents,
  9. Trucking Accidents and Bicycle Accidents.

What does Personal Injury Encompass?

An efficient personal injury lawyer will do his best to analyze the losses suffered by the victim, documenting important details and demanding maximum compensation for losses such as:

  1. Mental distress
  2. Property damage
  3. Pain and suffering
  4. Medical expenses
  5. Lost income
  6. Disfigurement or disability

Common Types of Claims Personal Injury Lawyers Handle

Not all personal injury accidents give victims the right to pursue a monetary compensation. Certain types of accidents and injuries are considered more serious than the others. The personal injury attorneys in Midland, TX, however, have a firm grasp of the local tort laws and are willing to take up cases that have made you suffer grave injuries or resulted in the death of a loved one in scenarios such as:

  1. Auto accidents of the kind where car mishaps are the most common due to the distractions and recklessness of drunk and drowsy drivers, who are mainly responsible for the collisions.
  2. Slip and fall cases due to hazardous conditions and forming the basis of premises liability lawsuits.
  3. Workplace accidents that result in costly medical bills, loss of income or, at times, even permanent disability.
  4. Medical or nursing malpractices including medication mistakes, surgical errors, unsanitary premises, negligent patient care, and hospital/emergency room malpractices.
  5. Wrongful deaths

While a fatal injury can be devastating for the victim’s family, such cases have high financial stakes, involving costly medical bills, loss of income or a permanent inability to earn at all in the future. Such incidents leave victims and their families with undue stress, heartaches and financial hardships for a long, long time to come. Compassionate personal injury lawyers in Odessa, TX understand these financial challenges and believe that you should be able to receive the best legal representation possible.

Contact Injury Attorneys in Midland and Odessa

 Personal injury attorneys have helped many accident victims get their lives back on track. Their knowledge and competence can help you pursue the maximum compensation for all the damages you have suffered. The goal of the personal injury attorneys in Midland, TX is to resolve their clients’ cases, no matter how tricky or complicated they be. These attorneys believe that accident victims should never have to worry about whether they would be able to afford quality legal representation.

The personal injury attorneys at the law firm of L. Clayton Burgess are dedicated to helping their clients to help the latter retrieve the optimum compensation possible.

How to Negotiate With an Insurance Company Post Injury

Injured in an accident in Odessa or Midland? It is very likely that you will get to connect with the insurance company of the party at fault, who would want to ensure that the matter gets settled financially. However, most people are unfamiliar about their rights, especially in the aftermath of an accident and how they should converse with an insurance adjuster.

Injured in an accident in Odessa or Midland? It is very likely that you will get to connect with the insurance company of the party at fault, who would want to ensure that the matter gets settled financially. However, most people are unfamiliar about their rights, especially in the aftermath of an accident and how they should converse with an insurance adjuster.

In such situations, Odessa injury lawyers help the accident victims to pursue a compensation through a personal injury claim. They know how to deal with insurance adjusters and help you understand your rights during the claims process. However, there are several tips one can follow when an insurance adjuster contacts you.

  1. Think before you speak:

Saying something inappropriate to the insurance adjuster can make you vulnerable and can cause your claim to be either denied or lead to a reduction in the amount of compensation.

  1. It’s prudent to not accept the first offer:

Insurance companies habitually try to resolve personal injury claims as quickly as possible by proposing an initial settlement amount, hoping that you will not hire a lawyer or seek to find the true value of your claim. The first offer made is usually a low amount that may not be adequate to cover your medical expense or vehicular damage.

  1. Never apologize:

The injury attorney in Midland and Odessa advice against attempting to apologize to the person responsible for an accident as it can be misinterpreted as your acceptance of fault which can weaken your case.

  1. Avoid opinionated talks:

Brooding over the occurrence of the accident should be avoided. Only the insurance adjuster needs to be narrated your version of the events as you recall it happening.

  1. Remain calm and polite:

Speak to the insurance adjuster to provide him or her the basic facts about your accident and injury while being calm and polite. Do not reveal too many details about your medical treatment either.

  1. Do not provide a recorded statement to the adjuster:

When an adjuster first contacts you, s/he might demand a recorded statement. Do not go on record and deliver a statement unless and until you consult an attorney or else it could affect your claim adversely.

  1. Understand the value of your claim:

Accident victims often undermine the value of their claim and accept the settlement offers made by the insurance companies. They forget to take into account the already incurred medical expense and the future expense due to your injury, lost income resulting from absence at workplace, rehabilitation costs, and cost incurred during hospital visits, and cost of medical transportation. Therefore, do not accept settlement offer.

If you have been contacted by an insurance adjuster after an accident, it is in your best interest to get in touch with a trusted accident attorney in Midland, TX. The accomplished legal team the Law Firm of L. Clayton Burgess is proficient enough to handle different types of personal injury claims. They are experienced and know how to obtain fair compensation.