THE ERICA ROSE LAW FIRM - Houston, Texas Personal Injury and Family Law Firm THE ERICA ROSE LAW FIRM - Houston, Texas Personal Injury and Family Law Firm THE ERICA ROSE LAW FIRM - Houston, Texas Personal Injury and Family Law Firm THE ERICA ROSE LAW FIRM - Houston, Texas Personal Injury and Family Law Firm THE ERICA ROSE LAW FIRM - Houston, Texas Personal Injury and Family Law Firm

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Mistakes You Should Avoid in a Personal Injury Case

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Mistakes You Should Avoid in a Personal Injury Case

Do you think that it is legit to face the consequences of someone else’s wrong attitude or negligence? Do you deserve to pay hefty hospital bills just because you slipped on a slippery super store’s floor? Or did you deserve to get hit by an over-speeding car despite that you were following all traffic rules? Did you rightfully get bitten by an unleashed dog while taking a stroll in the block? And are you worthy of facing aggravated medical conditions because of the medical malpractice of a doctor? Hopefully, your answer is ‘no’! And if I am guessing it right, then you will also agree that you have every ethical and legal right to claim for the compensation of wrongdoings of other people under ‘personal injury law’.

A personal injury law gives the right to file a lawsuit and ask for compensation from the person at fault. You don’t have to undergo financial, emotional, psychological, and physical losses all alone. Pull that person down who shoved you in this aggravated condition. Hire a personal injury attorney prove the wrongdoing of that person and get compensation. But to get the maximum out of your claim, and enhance the possibility of your win, here are given some mistakes you should avoid because they can turn the table against you:

Allways Be Active on the Scene of the Accident:

Accidents are not something like every day’s routine, and they can leave a dire impact on even strong hearts. You can get frightened and confused due to shock, even if you get just minor bruises. Most people give up on their nerves and senses and can’t come up with a rational decision on the scene. And that’s where things might start going wrong for you. Being passive will not do any good for your personal injury claim later.

Understandably, you are under shock and terrified because you didn’t expect all this to happen. But still, try to gather your senses and be active. Being active doesn’t mean to start fighting with the party at fault. Being proactive means that until corps arrive, you should gather essential information on your own.

Quickly scan the site, note down important points, take a picture of the site and your injuries, and take information from eyewitnesses. This is also essential because the party at fault might try to distort the facts. Like, the store owner might wipe out the floor. So, how will you claim if there isn’t any camera or eyewitness? Your every action counts, and your passive attitude might end you up in missing the opportunity to claim the compensation. Don’t do that!

Avoid Social Media:

Social media might be a fancy platform to show others all the occurring in your life, but it can become your life’s biggest mistake in this situation. You might end up posting information on the platform that the party at fault might use against you. Like, you might post a smiling picture right after the accident just to show your friends that you are okay, and they don’t need to worry. That smile can later become a dagger for you.

You have to protect your position in the court by every possible means because the other party will use all means to pull your position down. So, stay away from social media as much as you can and don’t give up any information or sign that the other party can use against you in the court.

Don’t Handle Things on You Own:

You don’t know anything about the personal injury law, just reading a few postulates can’t give you a real picture of the court. You don’t know all the possible legalities of the case, even if you have tried to secure the facts on the scene. So, don’t think that you can handle the situation on your own. Even if you deserve and you have hospital bills and eyewitnesses to prove you right, you don’t know about the preparations of the other party. You can also not predict what is hiding in the kitty of the other party’s lawyer. So, it is better to hire an experienced attorney and let them handle everything.

A lawyer knows the law better than you, and he can analyze the situation in ways you can’t even think of because he has handled such things before – you haven’t. Don’t goof around with your life by blindly trusting your abilities. It is good to believe in your skills but now is not the right time.

Ask Questions from Lawyers:

It is good that you believe in your lawyer, and you are going as per his directions. But it is even better to ask questions from your lawyer to eliminate ambiguities and remove the possibilities of any future misunderstandings. After all, you are going to pay a hefty fee to the lawyer, and this hefty fee also includes charges of the time your attorney is investing on you. So, ask him as many questions as you can because it is a matter of your life, and you should have a clear picture of it. Even if you feel like asking “How much time will this case take?”, ask it.

Discuss your concerns regarding the case or talk about different dimensions of the case. Such mutual discussions can help you both get a better picture of the scenario, along with saving you from any unexpected scenario that you might face if you avoid asking questions.

Allways Choose Your Lawyer Carefully:

Just like there is a good doctor and a not-so-good doctor. Similarly, all lawyers are not equal. You just don’t need a degree in law to become a good lawyer. The experience, professional ethics, attitude, and capabilities of a lawyer also matter in defining whether a lawyer is good or not. Consider these things while choosing a doctor.

Most people don’t choose lawyers carefully. They either randomly pick a lawyer or think of going with a lawyer offering a low fee. You might save some money by hiring a lawyer with low rates, but it can also deprive you of the huge compensation amount. So, instead of thinking about saving money in the beginning, think of the bigger picture, and hire a professional and experienced lawyer.

Do Not Ignore Your Doctor’s Advice:

Ignoring a doctor’s advice in a personal injury case can cost you a lot. First things first, if you are injured, even if you got minor cuts, go to the doctor immediately. Don’t delay your visit because your delay can be projected wrong in the court by the defendant. Moreover, follow whatever your doctor says. Don’t miss appointments. Don’t ignore prescriptions. Don’t overlook therapies. And don’t shorten your recommended hospitalization time period. Follow each and every advice. One of the biggest mistakes that people make is to take things according to themselves. If they believe that they are okay and don’t need to carry on the prescribed medication, they leave them. It can later become an issue for you in court. You have to prove in the court that you were really hurt, concerned for your betterment, and wanted to improve your condition.

It is also better to keep a record of every single doctor’s prescription, including your braces, casts, and anything that can be used as evidence of your injury. Every single action and thing counts, and you should keep their record.

Do Not Sign Anything without Consultation with the Lawyer:

Sometimes, the at-fault party’s insurance company approaches you. They might try to convince you to waive your claim. Don’t fall for their trap, and don’t sign on any paper whatsoever. They might also try to trap you and try to trick you into signing on papers saying that you don’t want to get compensation. I mean, come on, this is a freaking dangerous world, and you can expect anything from them. So, never meet someone from the defendant’s side without your lawyer. And also, don’t sign on anything without consulting things with your lawyers. Be careful of things for your good.

Do Not Assume Things Will be Easier:

Some cases are pretty straight, like road-accidents, but still, you never know what might happen in the end. Don’t take things lightly just because you think that things are pretty clear. Sometimes, people start handling things carelessly when they feel that they are standing on the winning end. And due to this, they begin making blunders that aggravate their case. So, if you are also someone who believes that things are going to be easier, get your act together. You never know how the other party will approach things, so you should be ready for any situation because, in the court, there isn’t any thing like easy.

Do Not Settle Claim Quickly:

Understandably, you need money if you have paid hefty hospital bills, or you have lost your job due to the accident. And it is also clear that you can feel like settling for the claim on the less compensatory amount. Don’t do that. Never settle for the less compensation just because things are pretty hard on you. Things are difficult, sure, but wait because your patience can bring better results for you. Let your lawyer handle the situation; cooperate with him because you can get a lot more by winning the case

Do you know what to do after a car accident? Ten immediate steps to take.

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Do you know what to do after a car accident? Ten immediate steps to take.

Most people don’t think about car accidents when they get into the car. Unfortunately, Texas roads are no stranger to collisions, and worse, some people don’t know what to do after one happens. Car accidents can leave you with injuries—physical, emotional, or psychological, and you have rights that need to be protected. While it’s frightening to think about, always being prepared for an automobile collision can make the aftermath as well as the claims process less stressful.

Here are 10 important steps you can take following an automobile accident that can help ensure the safety of you and your loved ones and protect your legal rights as an accident victim:

  1. Stop immediately after the crash. Even if a collision is minor, it is important to remain at the scene. Never flee from the scene of an accident as it is illegal and will only make matters worse.

 

  1. Assess the situation. Car crashes can be disorientating. It is important that you take a moment to assess the situation. Check yourself and your passengers for injuries. Determine if it is safe to exit your vehicle and see what routes are available for a safe exit. Refrain from moving anyone who has suffered a back, neck, or spinal injury if at all possible.

 

  1. Make the accident visible. Accidents are an unexpected disruption to traffic flow, and numerous accidents occur by drivers crashing into the site of a previous collision. You can prevent further accidents and hazards by turning on your vehicle’s warning lights, setting out reflectors, or activating road flares. It is also smart to keep a flashlight in your car – should an accident occur at night, you can carry the flashlight after exiting your vehicle to make yourself more visible.

 

  1. Notify the police If there is an emergency, contact 911.  Otherwise, contact your local police department – even if there are no serious injuries. A detailed police report will go a long way when you file a claim with your insurance company. If there is an injury, call paramedics to the scene. If there is any confusion whether or not an injury has occurred, err on the side of caution and have an ambulance respond to the scene.

 

  1. Record the facts. Speak with the responding officers and be as accurate and forth coming as possible. Do not feel like you have to have all the answers. Do not speculate at the facts of the accident or whether you sustained an injury. If you are unsure how the accident occurred or unsure if you have sustained an injury, it is okay to respond with “I don’t know.

 

  1. Take pictures.  A major benefit that has come with the popularity of cell phones is that the vast majority of people have a camera with them at all times. Take photos of your vehicle, any visible damage, the scene of the accident, and any injuries that you or a passenger may have suffered.

 

  1. Gather and exchange information.  More often than not, the responding officer will obtain insurance information from all drivers involved. If this does not occur, gather the name, phone number, and addresses of all persons involved in the accident, including passengers and witnesses. You should also obtain the insurance information of all driver involved by requesting to see each vehicle’s insurance card.

 

  1. Seek medical attention.  Pain and injuries may not be immediately evident following an accident. In fact, much of the pain will occur a day or two following the crash. Again, if there is any uncertainty whether you have sustained an injury, err on the side of caution. There is no harm in getting a check up at your local emergency room or in making an appointment with your primary physician. Let them have the final say, even if only for peace of mind.

 

  1. Report the accident to your insurance.  Contact your insurance company as soon as you can following a crash – most policies actually require immediate reporting of an accident. This will also let you discuss your medical benefits as well as get your claim under way. As your claim is process, keep a detailed log of any medical bills, updates, changes in health, and crash related expenses such as rentals.

 

  1. Contact an experienced auto accident attorney.  The role of your attorney is not simply to file a lawsuit. An attorney is responsible for protecting your rights and for making sure insurance companies are acting in your best interest. A good attorney will help you obtain and protect valuable evidence, provide legal advice before you provide a statement to the insurers, ensure you receive the medical attention you need, and press insurers to process your claim in a timely and fair manner. Should your rights be infringed upon, the best attorneys are those who are willing and ready to go to trial.

Our experienced auto accident attorneys are available 24/7 to hear your case. Contact us at 713-221-3773 for a free consultation.

Business Interruption Insurance: What You Need to Know

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Business Interruption Insurance: What You Need to Know

Any time a natural disaster or man-made crisis strikes, businesses often must suspend operations or operate at reduced capacity for a time. Business interruption insurance can protect business owners against financial losses in these situations. However, it doesn’t normally cover every kind of disaster or every kind of loss. That’s become clear during the coronavirus pandemic, as business owners have learned their policies don’t cover losses related to a disease. In this blog post we’ll discuss what is, and isn’t, covered by this type of business insurance.

What is Business Interruption Insurance?

Business interruption insurance is a type of coverage that can be added onto a commercial property insurance policy. It may also be included in a commercial package policy. This type of coverage is not sold separately.

Business interruption insurance provides extra coverage in addition to policies protecting against damage to property caused by perils such as fire and windstorms. It can help businesses replace lost income and cover the extra expenses created when disaster strikes.

Among the losses interruption insurance can compensate businesses for are lost revenue, rent and lease payments, mortgage payments, other loan payments and taxes. Employee payroll may be covered, along with costs of having to relocate temporarily or permanently to new premises.

When Business Interruption Can Help

Compensation under a business interruption policy is triggered when the business must vacate its normal premises due to disaster-related damage covered by the property insurance policy. Fire, for instance, is normally covered by these policies.

This sort of coverage can be very important for businesses impacted by disasters, especially ones with major economic shocks. It can help them start back up quickly after the event is over, avoiding losing business to competitors and otherwise maintain operational continuity. Unfortunately, there are many potential disasters that aren’t likely to be covered by business interruption insurance.

What Is and Isn’t Covered

A disaster, such as a hurricane, that inflicts financial damage on physical property is most likely to be covered by business interruption insurance. Fires and destructive winds are risks often covered by commercial property and, therefore, are likely to be covered by many business interruption policies.

Other risks are less likely to be covered. For instance, in addition to causing loss of life, a pandemic can be very costly to businesses by disrupting supply chains, causing employees to miss work because of illness, keeping customers from shopping due to quarantines and more. But, while their impact in human terms can be tremendous, pandemics don’t cause property damage resulting in income loss. They sicken people, but don’t directly harm property. So pandemic-related losses are not likely to trigger payouts under standard business interruption insurance policies. Risks for such a disaster are not well understood and pricing is difficult.

However, one recent exception is PathogenRX, a product launched by insurance broker Marsh in 2018 to provide financial protection for companies hit by an infectious disease outbreak. The policy is underwritten by Munich Re.

Many other potential causes of loss may not be covered either. They include power failures, nuclear hazards and pollution. Some policies offer endorsements that will cover earthquakes and floods, but these are generally not included in standard policies.

Other Interruption Insurance

Different types of business interruption insurance protect against related losses. For instance, contingent business interruption insurance can compensate businesses for covered losses to a supplier or customer.

However, losses caused by a pandemic are not likely to trigger payouts on contingent business interruption insurance policies. Again, the reason is that a disease outbreak doesn’t directly cause property damage.

Supply chain risk insurance is special coverage against business interruption caused by disruptions to the business’ supply chain. Unlike other business interruption, it can be triggered when there is no damage to physical property. Many businesses faced just this sort of risk when the coronavirus, which originated in China, forced the closure or isolation of many Chinese factories supplying goods.

Another endorsement that may be added to a commercial property policy is extending civil authority coverage. This can provide business interruption coverage if the government orders businesses to shut down, as has happened in past pandemics such as the Ebola outbreak and again with the coronavirus episode.

Yet another sort of pandemic-related loss a business can incur is they are found liable for enabling the spread of a disease. This sort of loss is likely to be covered by a standard commercial general liability.

Environmental insurance is a type of coverage that some businesses have and that may protect against pollution-related losses. This type of insurance has paid out to businesses impacted by diseases in the past – specifically Legionnaire’s disease – but much depends on the exact terms of the policy.

Bottom Line

Business interruption insurance can provide essential financial assistance to commercial enterprises forced to shut down due to physical damage to covered property caused by a disaster. Not all disasters are covered, however, and in most cases pandemics like the coronavirus outbreak will not be covered.

There is debate regarding whether business losses caused by the Coronavirus outbreak or mandatory closures are covered under these insurance policies.

Whether or not your business is covered for loss of income resulting from COVID-19  is a complex question that requires a review of your insurance policy. If you are interested in exploring your options please call The Erica Rose Law Firm at (713)-221-3773 today for a free consultation.

What To Do If You Are In An Accident Involving An Uber, Lyft?

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What To Do If You Are In An Accident Involving An Uber, Lyft?

It only takes the press of a button on your smartphone to order an Uber, Lyft, or another ridesharing service, but before you grab that next ride, take a few minutes to educate yourself in case an accident occurs.

Ridesharing is a rapidly growing industry. Uber reports that they have 91 million monthly active platform consumers, 3.9 million drivers, and 14 million trips completed each day. Lyft is not far behind in their numbers. While these services were designed to offer customers a safe and reliable method of transportation, with so many ridesharing drivers and passengers on the road, accidents are bound to happen.

According to TechCrunch, Uber’s recent safety report shows a low fatal accident rate compared to the national average, but it still doesn’t provide an accurate accounting of accidents. As a passenger of an Uber, Lyft, or any rideshare service, what happens after an accident and who is responsible if you are injured are crucial points to consider.

So, what do you do if you are involved in an accident with an Uber or Lyft?

  1. Determine who is at fault.

 

  1. If you are a rideshare passenger and the rideshare driver is at fault, then you are covered up to $1 million for bodily injuries from the rideshare’s insurer.

 

  1. If you are a rideshare passenger and another driver is at fault for a collision with your rideshare, then the at-fault driver’s insurance is responsible, and the rideshare insurance will provide underinsured motorist coverage up to $1 million.

 

  1. If a rideshare driver causes a collision with you while you are driving your own car, then the rideshare driver is insured for $50,000 per person and $100,000 per incident for death and bodily injury and at least $25,000 for property damage. This applies from the moment the rideshare driver logs into the app. If the rideshare driver has accepted a ride/has a passenger in their car, the driver is insured up to $1 million.

 

While it’s somewhat comforting to know that rideshares are insured, you should also consider your own medical payments coverage (Medpay). Medpay covers medical expenses for injuries you sustain in an accident, regardless of fault. Medpay will reimburse their insured the amount the insured and their health insurance have paid.

If you have health insurance, Medpay may seem unnecessary, but it actually will help cover co-pays and deductibles for visiting hospitals or using emergency services. Medpay coverage is optional and is not offered in every state, but it is highly recommended. It definitely can provide great benefits to you in the case of a rideshare accident.

So, the next time you tap your smartphone to request an Uber, Lyft, or another rideshare service, remember that accidents do occur. Be smart, be safe, and know what to do if you ever find yourself in this unfortunate situation.

If you or a loved one have been injured in an accident involving an Uber, Lyft, or another rideshare service, call us at (713)-221-3773, email Charles@ericaroselaw.com, or visit us at ericaroselaw.com and we can help you navigate your potential legal options.

 

 

The Danger of Tired Truck Drivers

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The Danger of Tired Truck Drivers

One of the leading causes of commercial truck accidents is driver fatigue. Truck drivers tend to work long, monotonous hours and prefer to drive late at night; therefore, it should come as no surprise that fatigue and drowsiness can easily set in. While it is difficult to pinpoint exactly how many accidents are caused by fatigued driving, the National Highway Traffic Safety Administration (NHTSA) estimates that fatigue and drowsiness plays a role in 56,000 accidents each year, resulting in 40,000 injuries and over 1,500 fatalities. Even if those figures slightly exaggerate the number of truck accidents, it is still clear that driver fatigue presents a significant danger to other motorists on the road.

WHY IS DRIVER FATIGUE SO DANGEROUS?

While estimates regarding the number of fatigue-related accidents vary, there is universal agreement that tired driving is dangerous. Per a study by the Adelaide Centre for Sleep Research, drivers who have been awake for 24+ straight hours display driving capabilities that are the equivalent of a person with a 0.1 blood alcohol content. This means a severely fatigued driver presents the same threat as one who is legally drunk.

Fatigue affects driving in the following ways:

  • Slows down reaction times
  • Decreases Situational Awareness
  • Impairs Judgment
  • Lack of Focus

ARE THERE REGULATIONS THAT HELP PREVENT DRIVER FATIGUE?

Yes. The Federal Motor Carrier Safety Administration (FMCSA) regulates the number of hours a truck driver can be behind the wheel. These are aimed at preventing tired drivers from being on the road. As of 2013, new hours-of-service regulations were put in place.

The hours-of-service-rules include these provisions:

  • The average work week for a truck driver may not exceed 70 hours.
  • Once a driver has reached the limit, he or she may not drive for 34 consecutive hours, including at least 2 nights from 1 to 5am.
  • Truck drivers must take a 30-minute break within the first 8 hours of a shift.

After much pushback from the trucking industry, particularly regarding the 34-hour restart rule, those hours-of-service regulations have been temporarily suspended while a study is conducted to determine how effective the regulations were during their first 18 months.

WHAT IF I WAS IN AN ACCIDENT CAUSED BY A FATIGUED TRUCK DRIVER? CALL THE ERICA ROSE LAW FIRM!

If you have been in an accident with a commercial truck, you should consult with an experience truck accident lawyer as soon as possible. Determining liability in a truck accident is much more complex than it is for accidents that only involve passenger vehicles. A skilled attorney at The Erica Rose Law Firm can conduct an investigation into the possible causes of the accident. For example, a review of the truck driver’s hours-of-service log may reveal that the driver had exceeded the legal limit of driving hours. In that case, the driver and/or trucking company could potentially be held liable.

The Corona virus is affecting just about every industry and law is no exception!

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The Corona virus is affecting just about every industry and law is no exception!

Jury trials have been canceled in Harris County for the month of March. Also, clients who are divorcing have been forced to put that on hold indefinitely if a spouse is away on business in countries such as Iran or Italy. It remains to be seen if nonjury trials and hearings are going to be rescheduled as well.

Different Signs That You Might Be Entitled To A Personal Injury Claim

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Different Signs That You Might Be Entitled To A Personal Injury Claim

Thousands of people suffer from a personal injury each year. It applies to liability claims like motor vehicle accidents, slip-and-falls, negligent security, as well as medical malpractice, abuse, neglect.

The legal team from The Erica Rose Law Firm recommends that if you experienced these types of events, it is best to consult capable lawyers to help you navigate the complexities of litigation and be compensated for your suffering.

These types of cases are best handled by professionals who can represent you, especially against big entities. Here are some signs that may indicate that you are entitled to Personal Injury Claim:

Many of the claims are made on the basis of negligence. You may have a strong case if these conditions are proven:

  1. You are entitled to care

If you want to file a medical malpractice suit against a physician because of a wrongful assessment and/or diagnosis, there must be an established duty of care between both parties. This may be in the form of a record of appointment or any records that show that the defendant owed a duty of care.

  1. The defendant was careless or reckless

A case against the defendant’s duty of care can be claimed in some circumstances. It must show that the defendant failed to exercise that duty which caused your personal injury.

This is common for vehicular accidents where the driver was distracted, drunk or unfit to drive. Also, for slip-and-fall cases in establishments where there was negligence on the part of the defendant that could have prevented the accident.

  1. The Incident Occurred Within the Past Two Years

In Texas, personal injury lawsuits have a standard statute of limitations of 2 years from the date of injury. The plaintiff must take the necessary legal action within that time.

The main thing about getting compensated for an injury claim is to be able to get legal advice as soon as possible. The Department of Justice estimates roughly 16,000 tort cases went to trial, which is a meager 4% of the total claims that were made. Most of the cases were settled out of court. This means that people are willing to settle.

Legally Brunette

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LEGALLY BRUNETTE

Kim Kardashian Esquire?

So, I am not sure if you guys have heard the news, but the world’s favorite reality star, Kim Kardashian has announced that she plans to take the California Bar Exam in 2022.

This has many people confused considering that she did not graduate college and is not currently enrolled in law school.  However, there is a caveat.

California is one of three states that allows individuals to sit for the Bar Exam without attending law school if they meet other requirements.  Specifically passing an exam known as the “baby bar” and completing a minimum number of hours of verified legal work.

According to Kim, she is in the first year of a four year apprenticeship with a firm in San Francisco, and she plans on taking the “baby bar” some time in the summer of 2019.

This announcement has met with some general skepticism as well as other attorneys feeling as though she is diminishing the hard work and diligence that it takes to become an attorney and especially to pass the California Bar Exam, which has the lowest pass rate in the country.

But you know what I say?  Good for her!  I mean this woman is a millionairess mogul and has accomplished everything else that she has set her mind to.  I passed my Bar Exam when I was nine months pregnant with my second daughter, so I personally believe we reality star mamas are capable of anything!  Also, as an attorney, I love that she is bringing a bit of glam to our profession.