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GET TO KNOW OUR Smith County ATTORNEYS

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We're Recognized As A Top Rated Accident Attorney in Smith County, TX

Protecting your rights is our top priority!

Smith County, Texas

Smith County is a hub for transportation and commerce in East Texas, making it a critical location for the movement of goods and services. One of the key components of this movement is the trucking industry, which plays a vital role in ensuring that the county’s economy stays strong and vibrant.

  1. Transportation of Goods: Trucks are the primary mode of transportation for the movement of goods in Smith. They transport a wide range of products, including raw materials, finished goods, and agricultural products, from one place to another, keeping the local economy moving. The trucking industry is responsible for the delivery of essential goods, including food, medical supplies, and other critical items, to residents of the county.
  2. Support for Local Businesses: The trucking industry provides support to local businesses by delivering raw materials, finished products, and other goods to them, allowing them to continue operating. Trucks are essential for the success of many businesses in Smith County, as they enable the efficient movement of goods and services, reducing costs and increasing profitability.
  3. Jobs and Economic Growth: The trucking industry provides employment opportunities for residents of Smith supporting the local economy and contributing to its growth. The industry is a major employer in the county, providing well-paying jobs to drivers, dispatchers, mechanics, and other support staff. The growth of the trucking industry is also an indicator of the overall health of the local economy.
  4. Improved Accessibility: The presence of trucks improves accessibility to goods and services. They ensure that residents have access to essential items, such as food and medical supplies, even in remote areas, providing a vital link between urban and rural communities.

Trucks have always been essential to the growth and success of Smith County. They play a critical role in the transportation of goods, support local businesses, provide employment opportunities, and improve accessibility. The trucking industry continues to be an important part of the local economy, and its continued growth and success are vital for the prosperity of the county and its residents.

Truck Accidents in Smith County

Because of the importance of what trucks transport throughout the county, many drivers are pressured to overspeed in order to meet deadlines and avoid spoilage of food. With this comes an increase in truck traffic on the roads and highways in the area. Consequently, this has also led to a rise in the number of truck accidents in the county.

According to data from the Texas Department of Transportation, there were over 200 truck accidents in Smith County in 2021, with nearly 20 of them resulting in fatalities. These numbers are alarming and suggest that something needs to be done to address this problem.

One of the main causes of truck accidents in Smith County is driver fatigue. Truck drivers are often under pressure to deliver their loads quickly and may drive for long hours without taking proper rest breaks. This can lead to fatigue, which can in turn result in slow reaction times, decreased awareness, and an increased risk of accidents.

Another major cause of truck accidents in the county is equipment failure. Trucks are heavy and complex vehicles that require regular maintenance to function properly. If a truck is not properly maintained, it can result in equipment failures such as blown tires, brake failures, and other problems that can lead to accidents.

To help reduce the number of truck accidents in Smith County, it is important for trucking companies and drivers to take steps to prevent fatigue and ensure that their vehicles are properly maintained. For example, trucking companies can provide drivers with regular rest breaks and ensure that they are not driving excessive hours. Additionally, companies can invest in technology such as onboard cameras and monitoring systems to help prevent accidents.

Finally, it is important for drivers to be aware of the risks associated with sharing the road with trucks. They can do this by allowing plenty of room for trucks to maneuver, avoiding sudden lane changes, and being patient when following a truck.

Contact a Truck Accident Lawyer

If you or a loved one has been involved in a truck accident, it is important to seek the help of a qualified truck accident lawyer. A truck accident lawyer can provide you with the legal guidance and representation you need to protect your rights and get the compensation you deserve.

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PERSONAL INJURY LAWSUIT
STEPS AND PROCESS

Play Video about Personal Injury Process | Step One Of The Process | Gathering Evidence or Investigation.
Play Video about Personal Injury Process | Step One Of The Process | Gathering Evidence or Investigation.
Play Video about Personal Injury Process | Step Two Of The Process | The Demand Letter
Play Video about Step Three Of The Personal Injury Case Process | Negotiation
Play Video about Filing a Lawsuit | Step Four Of The Personal Injury Case Process
Play Video about Discovery | Step Five Of The Personal Injury Case Process
Play Video about Mediation | Step Six Of The Personal Injury Case Process
Play Video about Trial | Step Seven Of The Personal Injury Case Process
Play Video about Settlement | Step Eight Of The Personal Injury Case Process
Play Video about The Appeal | Step Nine Of The Personal Injury Case Process

1

Collect All Available Evidence


Every case rests on the backs of investigators who dig deep. We’ll investigate your accident and find evidence like police reports, hospital records, and witness statements. Our injury attorneys go deep into each potential avenue of inquiry, leaving no stone unturned in their exhaustive search for justice.

2

Write a Letter of Demand


A demand letter will be addressed to the offender and their insurance provider or legal counsel. The full financial burden is considered, including future medical expenditures, wage losses, and other expenses.

3

Negotiation


By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.

4

Begin Filing a Lawsuit for Injury


By bringing a lawsuit on your behalf, we acquire bargaining power when an insurance company refuses to give fair compensation. In addition, by filing a case, we can obtain information on the defendants we would not have had access to before.

5

Discovery


Now that we have filed suit, we have the right to obtain information from the defendants that they were previously unwilling to release. By serving them with Requests for Admissions, Interrogatories, and Document Production, we can investigate the validity of their allegations.

6

Mediation


Once both parties have reviewed the facts of the case, a mediation session may be planned to see whether or not an amicable resolution may be reached. The defense will hear our position from a non-biased individual (Mediator), and we may continue bargaining with the insurance company over a reasonable payment.

7

Civil Trial for Injury


We will go to trial if a reasonable settlement cannot be reached. We’ll argue your case in court, using the information found through discovery and any necessary expert testimony. Many of us would rather have a jury decide our cases than a judge, as juries tend to be more compassionate in times of tragedy.

8

Settlement


A settlement has been reached if an agreement can be made before trial. In return for release of all personal injury claims, you should get a settlement that accounts for all your losses up to and including the date of your injury, fees, taxable cost, medical expenditures, lost wages, pain and suffering, etc.

9

Appeal


Suppose the jury decides against you. We will then file an appeal if we believe the defense or the court made a legal mistake. Additional data and legal arguments on our part will likely be required to convince the court of our position. The court, if we prevail, may decide to overturn its earlier ruling or even retry the case.

MORE QUESTIONS?

RESPONSE TO SOME GENERAL QUESTIONS

Who will pay for my medical bills after an accident?

Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?

Are There Any Hidden Attorney Fees That I Need To Be Aware of?

What does “No Recovery, No Fee” mean?

Who will pay for my medical bills after an accident?

Who Will Pay for My Car Accident Medical Bills

Determining who will be responsible for your car accident medical bills depends on several factors: the cause of the accident, your level of fault, and the insurance coverage held by the other driver. In such circumstances, seeking guidance and support from a personal injury lawyer, Dallas can prove invaluable.

Following a car accident and sustaining injuries, it is natural to wonder who will bear the burden of your medical expenses and treatment costs. While a car accident injury settlement or a trial verdict can provide financial relief, they may not offer immediate assistance in covering your medical treatment. The answer, in essence, relies on the accident’s nature, the relevant state laws, and the specific insurance policies involved.

General Rule – Ongoing Payment Responsibility Rests with the Injured Party

It is crucial to understand that, in most cases, if you are involved in an accident, you are responsible for paying your medical bills as they are incurred. The only exception occurs in “no fault” states, which will be discussed below. Even if the at-fault party is clearly responsible for your injuries, the law does not mandate them to cover your bills on an ongoing basis.

The law only requires them to provide damages to resolve your lawsuit, and in many instances, your medical claim is included in those damages. However, the defendant is not obligated to pay your medical invoice as they arise.

Car Accidents – “No Fault” States

In motor vehicle accident cases, the coverage of hospital bills depends on whether the accident occurred in a “no fault” state. In “no fault” insurance states, your automobile insurer will cover some or all of your hospital bills resulting from a car accident, regardless of fault. However, there is typically a limit to what your own automobile insurance company will pay, varying from state to state but generally around $10,000 or less.

Once your medical expenses exceed the state’s “no fault” limit, you become responsible for paying them. If you have health insurance, your provider will cover your bills. In the case of Medicare or a state-run health insurance program through Medicaid, these entities will handle the bills. If you lack health insurance, Medicare, or Medicaid, you will need to arrange payment agreements directly with your healthcare providers.

Motor Vehicle Accidents – Non-“No Fault” States (Dallas, TX)

If you are involved in a serious accident in a state without “no fault” insurance, you will generally be responsible for paying your expenses until you claim compensation from the at-fault party. However, some drivers in these states have medical payment or Personal Injury Protection (PIP) insurance coverage, commonly known as “med pay” and “PIP” coverage.

This coverage will pay for the fair compensation of drivers or passengers involved in a car accident with the insured party, up to the “med pay” policy limits, which are typically less than $10,000. Once your bills exceed these policy limits, you will be responsible for payment.

Medpay and PIP funds can be utilized initially to cover health insurance deductibles, co-pays, and lost wages until you recover from the at-fault party. If you lack such coverage, in most cases, you will need to find healthcare providers willing to treat you upfront and defer their bills until you receive compensation from the insurance company.

Premises Liability: Slip or Trip and Fall Accidents

In premises liability or slip and fall cases, the responsibility for payment of medical bills typically falls on the injured person, unless the premises owner’s property insurance policy includes “med pay” coverage.

Dallas personal injury attorneys with experience in handling personal injury claims related to premises liability understand that “med pay” coverage can be beneficial. If the premises owner has this type of insurance coverage, the injured person’s medical bills will be paid by the insurance carriers, up to the limits specified in the “med pay” policy. However, once the “med pay” limits are exhausted, the injured person becomes responsible for paying the remaining bills.

Boating Accidents

Boating insurance policies seldom include “med pay” coverage. Consequently, personal injury victims involved in boating accidents will likely be responsible for covering their own expenses. It is crucial for individuals who suffer injuries caused by boating accidents to consult the right lawyer in Dallas to understand their legal options and seek rightful compensation for their injuries.

Work-Related Accidents

In the unfortunate event of a work-related accident due to gross negligence, personal injury victims may find relief if their company carries workers’ compensation insurance. In such personal injury cases, the workers’ compensation insurer will cover all the medical bills incurred by the injured party. It is important to note that these victims involved in work-related accidents are not required to contribute any money towards their expenses, including bills or deductibles.

Moreover, our Fort Worth, Dallas personal injury lawyers who handle personal injury cases are well-versed in the laws pertaining to workers’ compensation and can ensure that victims receive proper reimbursement for transportation expenses related to medical appointments. However, if a company does not have workers’ compensation insurance, pursuing damages under Texas non-subscriber laws becomes necessary.

Reimbursement for Medical Bills Paid by Insurers

If health insurers, Medicare, or the state agency administering Medicaid benefits have paid for your medical bills in relation to the accident, they are entitled to reimbursement for the amount they disbursed to your healthcare providers. Skilled Dallas personal injury attorneys can help navigate the complexities of dealing with insurers and ensure fair reimbursement processes.

Worst-Case Scenario

In the worst-case scenario where an accident occurs, insurance coverage is unavailable, and it is determined that there is no personal injury case due to factors such as personal fault or insufficient evidence, the injured party becomes solely responsible for all medical expenses. These victims facing this situation have limited options and should seek legal counsel to explore any possible alternatives.

Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?

Who is Responsible for the Cost of Property Damage After a Car Accident in Dallas?

In Dallas, Texas, the responsibility for covering the cost of property damage resulting from a car accident lies within specific legal parameters. As a car owner, you have the right to choose the body shop for repairing your vehicle. However, determining who will foot the bill for your property damage depends on the urgency of your vehicle’s repair and whether the at-fault party has accepted liability.
In Dallas, as in most places, the responsibility for the cost of property damage after a car accident typically falls on the at-fault driver’s insurance company. Texas follows a fault-based system, meaning that the driver who caused the accident is generally responsible for covering the damages.

If you were not at fault in the accident, you can file a claim with the at-fault driver’s insurance company to seek compensation for your property damage. Their insurance should cover the cost of repairing or replacing your damaged property, such as your vehicle or any other damaged property involved in the accident.

It’s important to gather evidence and documentation of the accident, including photographs, police reports, witness statements, and any other relevant information that can support your claim. You should notify your insurance company about the accident as well, even if you are not at fault, to ensure they are aware of the situation.

If the at-fault driver does not have insurance or is underinsured, you may need to rely on your own insurance coverage, such as uninsured/underinsured motorist coverage, to help cover the property damage costs.

Are There Any Hidden Attorney Fees That I Need To Be Aware of?

Are There Any Hidden Attorney Fees That I Need To Be Aware of?

When you engage the services of our Dallas personal injury law firm, we ensure complete transparency regarding our fee structure. There are no hidden charges or surprise fees that catch you off guard. We take the time to explain the details of our contingency fee agreement, outlining all the fees and expenses involved.

In fact, paragraphs 1 and 2 of our agreement provide a comprehensive breakdown, and we require your initials next to each item to confirm your understanding. Our aim is to establish trust with our clients, providing them with peace of mind and alleviating any concerns. Our goal is not to profit at your expense but rather to obtain the best possible results for your injuries and damages.

Are My Medical Bills And Attorney Fees Combined?

It’s important to note that your medical bills and attorney fees are separate entities. While our law firm fees are based on the “No Fee, No Recovery” concept, your medical bills remain your responsibility. For instance, if you received a bill from the emergency room following your accident, it is your obligation to settle that bill as it does not fall within our purview to waive it.
However, when you enter into a contract with an experienced personal injury lawyer in Dallas, such as ourselves, you grant us permission to reimburse the medical providers from the eventual settlement or judgment you receive. This arrangement ensures that your expenses are appropriately handled while allowing us to pursue the compensation you rightfully deserve for your harm or serious injury.

Who Covers the Expenses of Managing My Case?

The good news is that, as experienced personal injury attorneys in Dallas, TX, we have provisions in our contingency contract that allow us to bear the expenses associated with your case. Our law firm agreement enables us to cover the necessary costs throughout the process, and once we secure a settlement on your behalf, we will deduct those expenses from the settlement amount.

It’s important to understand the typical expenses involved in a personal injury case, as they can be significant. For instance, the police department charges a fee for providing copies of the police report, collision videos, and the police call log. Medical providers charge per page to produce your medical records. Filing a lawsuit incurs fees imposed by the court.

What sets our law firm apart is our commitment to leveraging digital resources to streamline these requests and save you money at every turn. For example, our Dallas personal injury attorney makes digital requests for your medical records and bills, opting for a flat fee instead of a per-page charge.
Our communication is predominantly conducted through email and client portals, providing you with convenient and cost-effective access to our Dallas personal injury lawyers. This approach allows us to operate as a faster and more affordable law firm, dedicated to serving your needs.

What does “No Recovery, No Fee” mean?

What does “No Recovery, No Fee” mean?

“No Recovery, No Fee” or “No Attorney Fee if No Recovery” means that you will not be responsible for your attorney fees if we lose your case, or do not settle your case with the responsible party or their insurance company. We will charge you a percentage of the settlement instead of the typical retainer and hourly fees that attorneys charge.

Therefore, if we lose your case any percentage X $0.00 = $0.00 and you owe us nothing for attorney fees. This agreement allows you as a victim of a car accident to receive the proper medical attention that you need without worrying about the outrageous legal fees piling up. Also, this will give you the opportunity to handle your property damage much faster and get back to your daily lives.

In the other Sections, we explain that although there are no attorney fees if there is no recovery, your medical bills and expenses are still due and the medical providers will want payment irrelevant of the results. In addition, we explain in some rarer circumstances that if we lose you may be responsible for attorney fees and taxable court costs of the defendant if the judge exercises discretion and grants them.

In personal injury cases, many law firms operate on a contingency fee basis. This means that you will only be responsible for legal fees and case-related costs if your case is successful and you receive a settlement or award. In the event that your case is not successful, you typically will not be required to pay your attorney’s fees or cover the expenses incurred during the litigation process. It is important to discuss fee structures and any potential financial obligations with your Dallas personal injury attorney before proceeding with your case.

While it is possible to handle a personal injury claim on your own, it is highly recommended to seek the guidance and representation of an experienced personal injury lawyer. Personal injury cases can be complex, involving intricate legal procedures, negotiation with insurance companies, and thorough investigation of the accident and your injuries. Skilled personal injury attorneys have the knowledge and skills to navigate this complexities, protect your rights, and maximize your chances of obtaining fair compensation for your injuries and losses.

When choosing personal injury lawyers, it is essential to inquire about their experience handling cases similar to yours. Ask the personal injury attorneys if they have successfully litigated cases involving the same type of accident or injuries. An attorney with prior experience in handling cases like yours will have a better understanding of the legal strategies, challenges, and potential outcomes specific to your situation.

The value of a personal injury case varies depending on several factors, including the severity of your injuries, the impact on your life and future earning capacity, medical expenses, property damage, and more. It is important to remember that each case is unique, and no attorney can guarantee a specific outcome. However, a skilled attorney will work diligently to assess the damages and fight for fair compensation on your behalf.

The duration of a personal injury lawsuit can vary significantly based on various factors, including the complexity of the case, the cooperation of involved parties, and court schedules. Some cases may be resolved through settlement negotiations outside of court, while others may require litigation and potentially go to trial. The timeframe can range from several months to several years.

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LEGAL DISCLAIMER

Gosuits.com is a brand name for Chalaki Law P.C. The content of this website has been prepared by Gosuits.com, for informational purposes only and should not be construed as legal advice from a lawyer. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. The chat system is an automated system that provides general information and not legal advice. You should not rely on any of the information, nor should you ever disclose private information to anyone in the chat system. Our office will never ask you for your private information until you have retain our firm with a written contract. Until there is an established written contract there is no attorney-client relationship. The knowledge base section of this website is not to be used as legal advice or legal resources. This website contains attorney advertising. Prior results do not guarantee a similar outcome. Disclaimers.

* Best Lawyers Ones to Watch 2022 – Sean Chalaki
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* The National Trial Lawyers 2015 – Sean Chalaki

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