Tips For Injured Victims

Don’t rely on advertising alone
First and foremost, make sure you are dealing with a Board Certified attorney in the field of Personal Injury Trial Law. Did you know that one of the lawyers who advertises in the Texoma area has been disciplined by the State Bar of Texas? Ask if the attorney you are considering has ever been disciplined.

Find out who will be handling your claim
Are you going to be working with the attorney himself or will you be working with a paralegal? Will the attorney be handling and overseeing your claim or does he or she office out of town? Is your claim going to be handled by an experienced attorney in the firm or by someone with little if any trial experience?

All of these are legitimate questions to ask.

Hit by a drunk driver?
If you are a victim of a drunk driver, it is important for you to not delay in contacting a Board Certified Personal Injury Attorney. Did you know that often times a drunk driver when arrested will not only submit to a breathalyzer or blood test but also a field sobriety test as well? These tests are almost always videotaped and can really help a jury see just how drunk the driver truly was. This video is especially important when the drunk driver refuses the breath test.

However, the District Attorney’s office does not keep these tapes forever. It is imperative that an attorney take the proper steps to ensure that this critical piece of evidence is not destroyed.

It is important to have an understanding of criminal law to properly handle these types of cases. David Nix formerly prosecuted these cases when he served as an Assistant District Attorney. Attorney Ben Hoover is a former felony prosecutor as well. They have an understanding of the complex evidence which may be available from the criminal investigation of these types of cases.

It is important not to let this evidence slip away!

What should I do if I have been in a truck wreck?
If you have been in a truck wreck it is absolutely imperative that you seek legal advice right away! Some attorneys who lack experience in handling these type of claims treat these wrecks like typical car wrecks, which is a big mistake! While the same rules apply for you as listed in handling car wrecks claims, the investigation of a truck wreck claim is extremely important. It is typical that by the time you have been released from the hospital the insurance company for the trucking company has already had its own lawyers investigating the case.

Were you aware that most semi trucks have black boxes that show vital info just before and at the time of the collision? Delaying to talk to a qualified attorney may result in this information being lost forever.

Furthermore the Federal Motor Carrier Safety Regulations require certain documents be kept for only a brief period of time after a wreck occurs. There are several key questions which must be addressed as early as possible. Did the driver maintain a valid and true log? Did the trucking company turn its back on regular violations of the maximum hour rule and allow a tired driver to be on the road? Did the company obey federal law in the hiring of the driver and did they keep and maintain the mandatory drivers qualification file?

Previous truck crashes we have handled have revealed the following:

  • Falsified driver logs that do not match up with fuel receipts!
  • Falsified logs that were completed before the trips conclusion!
  • Trooper’s reporting of the logs being completed by the driver after the wreck!
  • Inspection of the interior of the truck that showed a torn up log record!
  • Falsified time records that put the driver over the maximum weekly hour limit!
  • Black box information that showed highly excessive speed just prior to impact!
  • Trucking companies failing to keep the mandatory drivers qualification file as required!
  • Gross negligence of the company in failing to abide by federal laws and many more!

The agencies governing trucking companies only require many of these records to be kept for a short period of time. So, contact a Nationally Board Certified attorney who can help you in these type of cases. The Nix Law Firm will be glad to visit with you free of charge during this time to help you avoid any potential problems in your case. David Nix has the experience necessary to take on the trucking companies and their insurance companies to see that you get the justice you deserve.

If you have any questions, give us a call and let us go to work for you. You have nothing to lose and we will be there to answer your legal questions.

What should I do if I have been in a car wreck?
If you have been in a car wreck, there are certain key issues that must be addressed right away.

First, it is always important to secure any photographic or video evidence of the wreck and your injuries. Do you have bruising or severe cuts? The impact of photos depicting these type of injuries far outweighs any description you may be able to give at some point in the future. Was your wreck on the nightly news? What about photos in the local newspaper? Often times the video is quickly disposed of by television stations and anything you can do to secure this evidence is very important. Photographs of your car and the scene can also be very important.

Second, seek medical attention right away. Insurance companies and their lawyers love to use any delays in medical treatment against you. Even though we all know you may be injured and not running to the doctor every time you experience pain, it is important that there are no significant gaps in your medical treatment.

Third, do not give the insurance company a blanket medical authorization. They are not entitled to this by law.

Finally, do not give a recorded statement to the insurance company. They will tell you that they need this to evaluate your case which is simply not true. The insurance company’s adjusters are trained to try and ask questions in an effort to trip you up and get you to say something that just doesn’t fit the facts of the case.

It is also very important to make sure that there are not any legal deadlines that may bar you from forever pursuing your case. While the normal statute of limitations is two years for car wrecks, some claims, such as those against governmental entities or school districts, have a much shorter time period that will operate to bar your case forever!

It never hurts to seek the help of an attorney during this early stage of your case. The Nix Law Firm will be glad to visit with you free of charge during this time to help you avoid any potential problems in your case. When seeking an attorney, always chose one who is Board Certified both Nationally and by the State Bar of Texas in Personal Injury Trial Law.

If you have any questions, give us a call and let us go to work for you. You have nothing to lose and we will be there to answer your legal questions.

Watch this helpful video to see what you should do if you have been in a car wreck.