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Traumatic Brain Injury Lawyer

A Traumatic Brain Injury (“TBI”) as defined by the Center for Disease Control is “a disruption in the normal function of the brain that can be caused by a bump, blow, or jolt to the head, or penetrating head injury.” The CDC further explains that, “everyone is at risk for a TBI, especially children and older adults.”

Approximately 20% of traumatic brain injury emergency room visits for persons in age groups 15–44 years, are caused by assaults, slip and falls, and car crashes. Id.  For this reason, seeking medical attention promptly is very important when you or your loved one has sustained an injury to the head.When involved in a car crash, the CDC reports that among all age groups, motor vehicle crashes and traffic-related incidents result in the largest percentage of TBI-related deaths (31.8%). Many brain injuries go undiagnosed and therefore untreated. Your well being is important to us, this is why here at the Caquias Law Group, PLLC we tell our clients to #seekcounsel

WHY HIRE A BRAIN INJURY LAWYER?

If you believe that you or your loved one has suffered from a brain injury or you or your loved one has been diagnosed with a traumatic brain injury caused by the negligence of someone else, call Caquias Law today.

Speaking to legal counsel wit professional experience in the effects that a brain injury can have on a person long term is vital to the strength of a personal injury case. When seeking compensation for your damages it is important to have all of the facts. It is even more important that all of those facts are presented and properly articulated to a jury at trial.  The reality is that TBI’s can be very serious, can result in long term damage that will lead to other health concerns and even death.

THINGS TO LOOK OUT FOR WHEN YOU HIT YOUR HEAD: Do I have a brain injury? – Some symptoms to look out for …

  • Did you suffer loss of consciousness?
  • Do you suffer from dizziness, headaches or nausea?
  • Do you have ringing in the ears?
  • Do you suffer from fatigue and/or sleepiness?
  • Do you suffer from loss of memory after the accident?
  • Sudden onset of Depression and/or suicidal thoughts?
  • Do you suffer from headaches that do not go away?
  • Do you have trouble waking from sleep?
  • Do you have dilated eye pupils or sensitivity to light?
  • Slurred speech (or other sensory problems such as having a bad taste in the mouth or changes in the ability to smell)?
  • Convulsions or seizures?
  • Loss of coordination and/or balance?
  • Repeated vomiting or nausea?
  • Numbness in a certain part of your body or numbness in the arms and legs?
  • Confusion, agitation and/or other unusual behaviors?
  • Chronic headaches?
  • Temporary memory loss?
  • Short term memory loss?

LEARN MORE ABOUT HOW CAQUIAS LAW CAN HELP.

If you were involved in an accident and/or sustained an injury to the head, look out for some of the signs. Seek immediate medical attention in order to be properly diagnosed with the severity and type of injury that you sustained. And, do not hesitate to reach out to the Caquias Law Group, PLLC. We are here to help you in your time of need.

 

HELPFUL LINK: Center for Disease Control – Traumatic Brain Injury Facts

  • The information above is not provided to treat and/or diagnose any person or ailment. The information provided is not intended to be legal and/or medical advice. The sole purpose of the information provided on this site is for information purposes and should not be construed as anything further.

 

 

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Hail Damage and Home Claims

SPRING IS THE TIME FOR MASSIVE AND DESTRUCTIVE STORMS

We have all heard that Spring showers bring May flowers, but did you know that they sometimes bring hail, wind, and property damage? On occasion, these Spring storms cause serious damages to property, homes, and businesses.

DID A RECENT STORM GO THROUGH YOUR NEIGHBORHOOD? Speak to a Hail Damage Lawyer Today.

Property Damage and Insurance Claim Lawyer

  • Roof Damage
  • Broken Shingles
  • Water Damage and Mold
  • Structural Damage
  • Broken Windows
  • House Fire

 

The insurance companies have now made it harder for people to file their respective home insurance claims, however, here at the Caquias Law Group, our experienced staff, public adjusters and investigators are ready to help you throughout the process in order to obtain the settlement needed to fix your home.

TYPES OF INSURANCE COVERAGE

Flood Damage:

Just because you have homeowner’s insurance coverage does not mean that you have the coverage needed to protect yourself in case your home sustains damage from a wind or a hail storm.

A common misconception of this coverage is that if you have “flood coverage” you are covered if your home has interior damage due to excessive rain. Flood coverage generally implies that water came in through the floor (doorway) and not through the roof. It is best practice to check your policy.

Hail and Wind Damage:

How to determine whether you have the proper insurance coverage to file a wind or hail damage claim (Your Insurance Policy Will Govern Your Coverage)

  • Contact your insurance agent and review the type of coverage you have.
  • Ask your agent to explain what exactly is covered;
  • Ask your agent to explain which specific type of insurance policy you have (ACV or RC explained below).

TYPES OF INSURANCE POLICIES – GENERAL INFORMATION

ACTUAL CASH VALUE (ACV) VS. REPLACEMENT COST (RC)

When reviewing which of the two types of policies to consider, the insurance agent may not give you a detailed explanation of how the different policies work. The agent may simply tell you that an Actual Cash Value policy is cheaper and that in most situations; all you need. Arguably, a Replacement Cost policy is in most cases the better policy as it will get you paid for the actual amount needed to replace your items lost or damaged.

Here are some questions to consider asking your insurance agent (see below):

What is Replacement Cost? (Verify with your policy)

Replacement cost is the amount needed to replace your destroyed, damaged or stolen items after a loss. The replacement cost is often calculated as the initial amount you paid for the item.

(CHECK YOUR POLICY – Your Insurance Contract May Say)

If the item is no longer available, your replacement cost policy  may pay you the price of the item that way you are free to find a similar replacement. If the item you purchased is still available but at a reduced price, your claim may reflect this change in value.

Ask Your Insurance Agency – How Will I Be Paid?

A replacement claim may sometimes be paid out in two installments. Often, the insurer will send one payment for the ACV of the item/component or half of its total replacement cost. Once you’ve done with repairs or bought a replacement, you can send proof to your insurer to recover the remaining reimbursement.

What is Actual Cash Value (ACV)?

Actual cash value (ACV) is a policy that covers your home and possessions for market value when lost. Since your items are used, “market value” means that depreciation will be factored in when your insurer pays your claim.

There is wisdom in seeking legal counsel.

Hiring a Storm Lawyer, Hail Damage Lawyer, Insurance Claims Lawyer, or Home Claims lawyer when filing your insurance claim can help to ensure you get just compensation for your damage. Let us know how Caquias Law Group can help you with your storm damage claim.

FILING AN INSURANCE CLAIM

Recent changes in the law require that the Homeowner file a timely claim (it is expected that it be done within three weeks from the date of the storm or earlier) with his/her insurance carrier. BE CAREFUL to document everything and consider speaking to a Home Claims Lawyer because in many situations the claim may be underpaid or denied.

The following are relevant steps to take when filing an insurance claim:

  • Contact your insurance agent and file your claim;
  • Take pictures of all noticeable damage (roof to include missing or damaged shingles, leaks inside the home (roof and walls);
  • Be sure that you are home when the insurance adjuster goes to inspect your property. If you are not going to be home, make sure that someone over the age of 18 that who has specific knowledge of the damages will be home;
  • Once you receive your partial payment or your denial, consider calendaring 90 days AFTER you receive your partial payment or denial so that you will be prepared to retain an attorney.

THE DO’S AND DON’TS THAT YOU NEED TO KNOW WHEN FILING A HOME INSURANCE CLAIM

  • DON’T be afraid to ask questions.
  • DO keep a copy of the insurance estimate that will be sent to you, along with a copy of the insurance check (if applicable);
  • If you receive a partial check DO keep copies of all receipts for materials or labor paid to repair the damages;
  • DO keep a list that includes all names of insurance company representatives that you talk to from the day you file your claim to the day you retain an attorney;
  • DO cooperate with your attorney by assuring that you disclose any and all prior home claims, including the date and years the claims were filed, the exact damages to the home, the name of the insurance carrier, policy and claim number, the outcome of each claim (settlement) and have all documents regarding each claim available for your attorney;
  • DON’T use the money paid to you as a partial payment for anything other than partial repairs to your home;
  • DO consider seeking counsel.

CAQUIAS LAW GROUP IS HERE TO HELP.

DOCUMENTS TO HAVE AVAILABLE WHEN YOU MEET WITH THE ATTORNEY

  • Copy of your insurance policy enforced on the date of the accident;
  • Copy of the insurance company’s estimate sent with your partial payment or denial;
  • Photographs that depict the damages to your home (interior and exterior); and
  • Copies of all prior home claims filed, including but not limited to all prior denials, partial payments, photographs, receipts for prior materials and labor paid for each repair.

HELPFUL LINK: Texas Department of Insurance

7 Things To Ask About Your Car Insurance Coverage

7 THINGS TO ASK ABOUT YOUR CAR INSURANCE COVERAGE

Scenario:

It is 5 pm, you just got out of work and you are headed down the same roads you take everyday. You pull up to an intersection when that new song you like just starts playing on the radio and BOOM! Someone slammed into the back of your car. They smashed your rear bumper and now, your muscles and back are tense with pain. You are hurt. You are scared. You need help. You were just in a car accident.

 

WERE YOU HURT IN A CAR ACCIDENT?

First thing is first, (1) call the police, (2) seek medical attention, (3) document everything.

When you are involved in a car accident it is important for you to take your own notes of what happened, pictures of the vehicles and scene, and record of the other driver’s license plate and (if possible) insurance and VIN number.  You might not be in pain immediately, but it is always wise to see a medical doctor or go to the emergency room for your safety and wellbeing.

 

CAR CRASH STATISTICS IN TEXAS:

Most injured drivers are unaware of what their insurance policy coverage includes until it’s too late. In the great state of Texas, there were 551,971 reported vehicle accidents in 2016 with an economic loss totaling an estimated $38,600,000,000.  It is pretty safe to say, that all of these drivers did not have car insurance which adequately covered the economic losses sustained when in a car accident.

 

Car Wrecks By Region:

Austin (Travis County) – 20,038

Dallas (Dallas County) – 55,797

Houston  (Harris County) – 112,728

Rio Grande Valley (Cameron, Hidalgo, Starr, Willacy County)  – 23,598

San Antonio (Bexar County) – 52,633

 

When selecting an insurance policy here are 7 THINGS TO ASK ABOUT YOUR CAR INSURANCE COVERAGE.

 

Does it include:

  1. Underinsured motorist coverage steps in when you’re in an accident with an at-fault driver whose liability limits aren’t enough to cover post-accident damage or medical expenses.
  2. Uninsured motorist – coverage can help pay for medical expenses and lost wages of policyholders, authorized drivers, and passengers when the accident-causing driver is uninsured.
  3. No bodily injury insurance or not enough bodily injury – When you are found legally responsible for a car accident, bodily injury liability coverage is the part of your insurance policy that pays for the costs associated with injuries to the other person or people involved. This coverage also provides a legal defense in the event that you are sued for damages.
  4. Medical payments coverage covers accident-related medical expenses (including funeral expenses) for you, other drivers on your policy, and passengers. As cycling has become more popular, it’s important to note this also offers coverage if you’re struck by a car as a pedestrian or cyclist.
  5. Towing and labor coverage offers towing assistance and other roadside service fees, which can add up quickly. We have seen towing expenses as high as $5000 for one of our clients.
  6. Rental car coverage coverage reimburses you for the cost of your rental car if your insured vehicle is unavailable due to an accident.
  7. Reputation of insurance company Not all insurance companies are created equal. What may seem like a good deal on the front end, may cost you more long term. Research your insurance company for reviews. (list credible place to read reviews)

 

 

If you have been injured in a car accident, you may be entitled to financial compensation for your damages. For a free consultation contact Caquias Law Group.

Wisdom in Counsel

Just the other day I consulted with a business owner whom had been suffering to his financial detriment for over 3 years from the actions and antics of another member of their limited liability company. The business owner did not want to sue the other member and so the business owner waited for years before ever stepping into a lawyer’s office to seek legal advice.

The business owner had all of the standard agreements and paperwork in order as required by the Texas Secretary of State, but he did not understand what any of the documents meant or what his rights were because he had simply paid an online legal forms website to open up the company, draft the documents, and pay the fees. He thought that talking to a lawyer simply would be too costly and unnecessary because he could just fill in the blanks online and press send. But, just the opposite happened. He had built a business without competent legal counsel, entering himself into a relationship with a “business partner” whom he thought he knew and trusted without ever understanding how his relationship would work if things didn’t work out. Well, throughout that relationship, that business partner was taking advantage of the business owner’s lack of knowledge and good heart which ended up costing the business owner unnecessary lost time, sleep, and profits.

BUILD YOUR BUSINESS WITH LEGAL EXPERTS ON YOUR TEAM EVERY STEP OF THE WAY.

Many people today believe that there isn’t a reason to hire an attorney unless they are being sued, they have been arrested, or they are going to sue someone, and so they wait until things get bad before they get a lawyer. Don’t be that person. Seek counsel.

When you involve experienced legal counsel in good standing with their state bar, you mitigate your risk of failure, lawsuit, loss or damages, and other complicated issues. Involve your attorney early in the game so that they can guide you through your situation and thoroughly explain to you the legal implications of each action you are planning to take.

The Caquias Law Group, PLLC represents businesses, start-ups, inventors, and entrepreneurs at every stage of the business growth cycle. Contact us today to learn more.