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7Oct 2020

If there’s one thing you should know after a car accident it’s that your insurance company is NOT on your side. Whether you’ve been severely injured or your car has been totaled, insurance companies, like Geico, have an arsenal of strategies to decrease or flat out deny your claim. In most cases, the denial letter for your claim is just the first step in their negotiation process. We were always told, “Hadi Law, you won’t change the insurance companies,” Until August 28, 2020.

The Hadi Law Firm recently initiated and assisted in a case against one of the largest insurance companies in America; Geico. Geico failed to pay claims to their client in a timely manner and when they did pay they neglected to pay the interest on late payments. We uncovered over 10000 first-party claims that were mishandled by GEICO. In many cases, although they knew there was coverage and the Insured was entitled to compensation, the case was closed. After a long investigation through the Texas Department of Insurance, Geico was forced to pay out $2,178,963 in claims and interests. They also had to pay a 3,000,000.00 administrative penalty, and Change their entire Claims Handling Process; Nationwide.

The Hadi Law Firm forced Geico to change its unethical practices. After this case, Geico had to implement systems, monitoring, process changes, and hired compliance personnel to address these allegations. The Hadi Law Firm has been fighting these large insurance companies since 2009.

Read more on GEICO at www.DontTrustTheGecko.com. Don’t let the insurance companies take advantage of you. Give The Hadi Law Firm a call today and let us fight for you.


CLICK HERE TO DOWNLOAD THE TEXAS DEPARTMENT OF INSURANCE (TDI) ORDER A AGAINST GEICO.

 

30Sep 2020

Tort claims are commonly known as injury claims wherein a person who suffered from damages or loss would file a lawsuit and the person responsible are obliged to make the victim ‘whole’. Tort claims are usually monetary compensation for damages encountered by the victim.

Lawsuits against the government or claims against government hospitals for negligence are most commonly forbidden by what is called “sovereign immunity”. The most common tort claims against the government are Legal Malpractice, Medical malpractice, or breach of Fiduciary duty. However, sovereign immunity is renounced in Texas where you can file a case under certain specific limited circumstances defined under The Texas Tort Claims Act.

The Act defines government as any agency or organization at either the state or a local level, including all state agencies and all departments, bureaus, boards, commissions, offices, agencies, councils, and courts.

Doctors since then became easier targets for lawsuits which led them to flee from Texas. But in 2003, a major tort reform bill passed which was meant to protect the entities by including caps on many personal injury lawsuits, with limits on punitive damages and medical malpractice lawsuits.

Liability is an important element that needs to be proven to validate the whole tort claim. It is a legal responsibility or obligation to do or make good while Civil liability is the term that is used when someone commits a tort (personal injury) and must face the consequences.

Tort claim indicators:

  1. You have to establish that someone has a duty and that they breached that duty to you.
  2. The breach resulted in harm or foreseeable damages.
  3. Causation – one incident leading to another incident that causes more harm or damage.
Three major types of torts leading to legal liability include:

Intentional torts

This is not an accident but an act that was committed with a clear plan and purpose of causing harm. It is applicable to a person or property.

Examples:

Battery – Hurting a person through physical acts or by using an object. Assault – Threatening to commit battery, although no injury occurred. Defamation – Speaking lies about another person that results in some kind of harm.

Negligence torts

It is the most common type of civil liability and can also be considered as accidents that occur when a person fails to take proper precautions.

Examples:

Criminal negligence – when someone gets killed unintentionally. Like when a person is driving at top speeds while texting or when drunk. Civil negligence – When a person does not exercise due diligence in their responsibilities or acts less responsible than the normal or expected. Ex. The landlord who failed to replace the broken stair railings that then collapsed and injured the victim.

Strict liability torts

Automatic liability for someone whose actions or product caused damage even if the incident was out of his control.

Examples:

Product liability – if a product causes damage or injury because of defective design, the company will be held strictly liable even though they had no direct hand in the accident. Animal/ Pet owner liability – If an animal gets out of the house and bites someone while the owner is not present, the owner will be held liable.

Exceptions to the Texas Tort Claims Act

Just like any other lawsuit, there are always exceptions to any lawsuit. To better explain this, let us use a car accident as an example. If a person is hurt by a negligent driver, there is no liability on the part of the government under these situations:

Emergency Exception – the actions of a government employee while responding to an emergency call to an emergency situation, is immune from liability unless they acted with disregard for public safety.

Safety Officer Exception – designed to protect police officers and firefighters in the execution of their duties.

Intentional Injury or Intentional Tort Exception – there is no waiver of governmental immunity for a claim arising out of assault, battery, false imprisonment, or any other intentional tort. This exception has been upheld with assault by members of law enforcement. This exception does not apply to instances where the police officer did not intend to kill or injure the victim but rather was negligently supervised or trained in the execution of his duties.

When a tort is committed by the government, you may sue them but there are strict rules and notice requirements you must follow. The State of Texas is entitled to a “notice of claim” before anyone pursues a lawsuit. Meaning, The plaintiff must notify the governmental entity within 180 days of the incident providing the following information:

  • Description of the damages incurred
  • Suffered Injuries
  • Identity of the parties injured
  • The incidents that led to the injury
  • Time, date and setting of the accident

The notice is a prerequisite or condition precedent, necessary to proceed with a lawsuit.

The Texas Tort Claims Act Limitations on Damages

There’s a maximum amount that the plaintiff may recover depending on what type of government unit is being sued. The state and municipalities allow up to $250,000 per person and $500,000 per incident. All other levels of government allow for $100,000 per person and $300,000 per incident. There is no waiver of immunity for exemplary damages and does not apply to the government.

Who Benefits From Tort Reform?

Texas is a tort reform state which means It limits a person’s right to get full compensation for serious injuries, property damage, and loss of a loved one. This may sound devastating for the victims but one can also view it as a way to prevent the increase of frivolous lawsuits.

It aims to create a balance for the damage caps on medical malpractice suits in order to improve healthcare availability in Texas instead of scaring away health professionals and government employees. In return, support the economy by encouraging more people to invest, create businesses, and provide service in Texas.

This law is more favorable to insurance companies and many people may ask why tort reform is constantly undergoing changes. Although the tort reform seems unfair for the victims, there’s still a chance to get compensation. This is why it’s important to have an experienced personal injury lawyer if you care for your personal injury claim in Texas.

23Sep 2020

Thousands of vehicles are damaged each year in traffic accidents. The cost of repairs can sometimes be astronomical. Even after you repair your vehicle the value of your vehicle dramatically drops. The only way to recoup those losses would be through what is known as a diminished value claim.

The term diminished value is any form of monetary value that was lost from your vehicle after an accident even after it has been repaired. The diminished value of a vehicle is the difference between the price of the vehicle after repairs and the price you would sell it if there had been no accident or damages. This value is considered a loss and can be added to the settlement claim.

Even after your car is repaired perfectly it would not hold its original value. In most cases, vehicles that have been in an accident will have some form of diminished value or “depreciated value”.

Insurance claims adjusters will do everything to manipulate, frustrate or stall claimants especially if they know that you still don’t have a personal injury attorney to process your settlement. Diminished value is not something insurance companies account for in their payouts after an accident and will never mention it to their customers. They will usually argue that proper repairs will return full value to the vehicle but the accident itself will always be present in the vehicle’s history which affects the vehicle’s resale value.

The 3 types of diminished value


1. Repair related diminished value

Cost for any flaws related to the substandard quality repair of the vehicle. This includes cosmetic or visual imperfections such as misaligned doors, dings, wrong color match, or mechanical repair flaws that fail to bring the vehicle to its standard operation. Some examples of mechanical repair flaws are difficulty in steering, electrical problems and more. The use of generic parts rather than OEM parts also lowers the value of the car.

2. Claim related diminished value

Cost for when insurance companies deny you of certain types of repair or parts necessary to restore your vehicle to perfect working condition.

3. Inherent diminished value

Cost for lost value in the resale market due to the accident. Nowadays, it’s easier for people to know the history of the vehicle they are planning to buy just by searching it on the internet. This means, even if it was only minor damage, the resale value can now be easily affected and potential customers would rather opt for cars without any accident history.

According to Texas state law, you are entitled to file an insurance claim for diminished value within 2 years from the date of your loss if you were the not-at-fault party in a car accident. Once you have filed your claim, you will need to prove that your vehicle has lost a specific amount of value. Your insurance company will need to pay for the diminished value of your vehicle.

If you want to know the true market value of your vehicle, you will need a professional automobile appraiser to determine the diminished value for your claim. They are able to take into account the full history of the vehicle and provide you with an expert opinion on the vehicle’s value that you can then present to insurance companies.

To solidify your claim, you must remember to keep receipts, estimates and other documents from the shop that did repairs on your vehicle.

All vehicles are different and the diminished value will also vary depending on the make, model and other factors that influence the calculation of your vehicle’s diminished value such as:

  • Prior accident history
  • The vehicle’s condition before the accident
  • Mileage of the vehicle
  • Age of the vehicle
  • Undamaged value of the vehicle
  • Marketplace demand

Sure, it may seem easy to calculate the diminished value but without legal support, it may be difficult for you to convince the adjusters of your claim compared to having an attorney experienced with car accident claims to properly calculate and battle it out for you.

It’s your right to protect your investment. Contact The Hadi Law firm and we will be glad to assist you with your diminished value claim.

16Sep 2020

Amazon has revolutionized how we buy goods on the internet. Just a few years back it would take a week or two for us to get our perfect sweater or that new iPhone. Today you can have your order in your hands the same day you ordered it. A few clicks from the comfort of your home and you can have whatever your heart desires the same day. Amazon’s gigantic selection of products and unrivaled delivery time definitely has its pros but an important question we should ask ourselves is how is all this possible. How does Amazon offer what we would have said is impossible a few years ago and still remain a viable business model? It’s called a “Hiring Frenzy.”

A major aspect of Amazons processes is the delivery drivers that get your product to you. Mostly, in part to its rapid growth, Amazon oftentimes acquires the services of independent contractors. Amazon’s drivers have full access to private customer information and are in constant contact with Amazon’s customers. You would think any job with so many sensitive functions has a strict and clear vetting system. Unfortunately, this isn’t the case with Amazon’s delivery drivers. This doesn’t necessarily mean that every driver is not hard-working or that some individuals with criminal records don’t deserve a second chance but it’s important to understand the need for organizations to vet all working personnel; especially when it pertains to your personal home and life.

The horror stories of Amazon’s drivers are increasing daily. You’ve probably heard stories of frustrated, overworked drivers like 22-year-old, Derick Lancaster, who quit and left his truck full of packages at a gas station.

Ironically, there is a website devoted to Hiring Felons, that consider’ Amazon a good place to start when looking for a career as a felon.

The Hadi Law Firm is currently handling a case against Kirkland Demouchet, a dangerous member of the Gremlin Gang in Abbeville, Louisiana, was indicted on charges of Racketeering, Conspiracy to Commit Racketeering, and Engaging in a Criminal Street Gang. Demouchet is represented by AKERMAN, who has done a great job of hiding him through the entire 19 month litigation process. We suspect they have no idea where he is and are posturing to intimidate the firm. Kirkland Demouchet delivered for Amazon through Teal Logistics, LLC. Teal Logistics is just one of Amazon’s many contractors who were obviously not properly vetted by Amazon; let alone prepared and organized to work with Amazon. Every business has its bad employees but it seems like this has become a trend with Amazon’s delivery drivers. No matter how large a corporation, Amazon, like every other business, needs to be held accountable for its negligence and endangering people’s lives. Kirkland Demouchet currently has an open Failure to Appear charge for a weapons arrest pending. If and when he presents for his deposition, he will be arrested.

What’s worse is that Amazon seems to turn a blind eye to the plight of its own customers. When Will Brown’s Amazon packages were stolen by the driver delivering them, Amazon sided with its driver asking Brown “How do you know it’s our driver?” Brown found video evidence of the theft and the Philadelphia police are currently investigating. Amazon was quick to point out that the driver is a contractor and not a direct employee, but businesses are responsible for vetting their contractors just as they are for their employees.

Amazon’s lack of vetting practices and refusal of accountability puts its own customers in peril. Want to read more Amazon horror stories? Check out the links below.

https://www.businessinsider.com/amazon-delivery-drivers-reveal-claims-of-disturbing-work-conditions-2018-8
https://www.forbes.com/sites/brittainladd/2018/09/13/hell-on-wheels-what-its-like-to-be-a-delivery-driver-for-amazon/#34fa6927219a
https://www.nbcnews.com/news/us-news/amazon-drivers-part-10-million-theft-ring-fbi-says-n1038421
Sources
https://www.businessinsider.com/amazon-driver-quits-tweet-leaves-delivery-van-at-gas-station-2020
https://kpel965.com/monday-night-shootings-in-abbeville-thought-be-linked/
https://archive.vermiliontoday.com/local/another-alleged-gremlin-arrested
https://6abc.com/amazon-delivery-driver-online-shopping-steals-packages/5836562/

9Sep 2020

Driving becomes second nature after a few years behind the wheel and most drivers become easily distracted while operating their vehicles. It only takes a second of distracted driving for an accident to happen that could change your whole life. In 2019, there were 377 people killed in crashes involving distracted driving in Texas alone. On September 1st, 2017, texting and driving was made illegal in Texas and currently every state prohibits the use of a cell phone while driving except for Montana and Missouri.

Distracted driving is defined as “any activity that takes your attention away from driving. Distractions can include anything from texting and talking on a mobile phone to eating and drinking, putting on makeup, shaving, reading, programming a navigation system, watching a video and even adjusting the radio.”

Texting is easily one of the most dangerous things you can do while operating any vehicle. It takes the driver’s eyes off the road, their hands away from the steering wheel and their focus shifts to their phones. The Texas texting while driving law prohibits the use of handheld electronic devices for sending, reading or writing messages behind the wheel. The law includes texting as well as emails, instant messages, Facebook chats and other forms of text communication.

What are the exceptions to the Distracted Driving Laws in Texas?

  • Drivers under 18 and adults with learner’s permits are permitted to use wireless devices for making emergency calls to the following:
    • Emergency response service
    • Hospital
    • Fire department
    • Health clinic
    • Medical doctor’s office
    • Individual to administer first aid treatment
    • Police department
  • Texting is permitted only when using voice-to-text hands-free technology.
  • Using GPS or other navigation systems is permitted.
  • Drivers can use their devices for the purpose of playing music.
  • The state’s distracted driving laws do not apply to drivers who are operating an authorized emergency vehicle and using their device while acting in an official capacity.
  • How does Texas enforce the Distracted Driving Laws?

    Primary enforcement: Police can pull you over if they see you violating state distracted driving laws.

    Secondary enforcement: Police can cite you for violating distracted driving laws only if you break another law while doing so.

    In Texas we use primary enforcement, meaning the police officer does not need another reason to stop the driver. Having a reasonable suspicion of texting while driving is enough.

    Penalties for Distracted driving laws in Texas.

    1st offense: $25 to $99
    2nd and following offense: $100 to $200

    There’s also an additional amount for court costs and fees. Anyone convicted of texting and driving who happened to also cause serious injury or death to others may face one year in jail and a fine of up to $4,000.

    There are some debates regarding the effectiveness and enforceability of these laws but data shows that do deter drivers from texting and driving. Distracted drivers are 5.36 times more likely to cause a car crash than other drivers. That text can wait, Drive Safe!

28Aug 2020

Planning for a vacation can take weeks to months of preparation from scheduling to budget allocation and the last thing you would want is to get into an accident that may ruin your whole trip. It’s unfortunate enough to be involved in a car accident but it’s even more complicated to deal with as a tourist while you are on vacation. Whether you’re in a different state or a different country you are still protected by legal rights against harm caused by the negligence of others. You may find yourself asking these questions:

– Who do I call for help?

– Where should I go to file a report?

– Will I be able to go home as scheduled?

Of course, you’ll never know when accidents may happen but it’s always better to be prepared if in case this happens to you while on vacation. Depending on the severity of an accident, even if it is a minor fender bender or a major collision, here are some guidelines you need to keep in mind if you ever get in a car accident while on vacation:

Call the emergency hotline

Call for help immediately. If you are not able to call, you may ask someone from the area or any witness nearby to call for you.

Check for injuries

Even when there are no apparent symptoms, you should consider having yourself examined in the emergency room after an accident to make sure there are no hidden injuries and get a copy of your medical report.

Secure a copy of the Police Report

You should ask the police officers who responded to the scene of the accident to give you a copy of the police report to avoid the hassle of dealing with an out of state police department when you are back home.

Document the accident

Take photos or videos of the accident scene, damages on the vehicle and your injuries for evidence. Don’t forget to exchange information with the other parties involved including the witnesses as it may be impossible to find them after or when you have already returned home.

Call the car rental company

Inform them of the accident and discuss your insurance options. They may also be able to guide you through your next steps after the accident or provide assistance for car replacement (if needed). And remember: Don’t throw away transportation tickets or rental receipts. You may need these documents when you decide to pursue legal claims in the future.

Seek legal advice from your attorney

If you or any of your companions are injured in the car accident, call your personal injury attorney as soon as possible. Laws vary for different states so its best to consult with a lawyer knowledgeable of the laws that govern the place where your accident has happened. Your car accident attorney can help carry out the investigation and help you with all the necessary actions needed to process your legal claim.

Additional tips before going on a vacation that can help you in case of an accident while on vacation:

1.Research the nearest hospital and police station near your place of accommodation.

2. Save local emergency numbers of the place you are traveling to on your phone and write a copy for your wallet.

3. Educate yourself on local traffic laws and driving procedures of the location you are traveling to. For example, when you get into a car crash in Texas, you should move the vehicle out of the roadway to a safer spot so you can exchange the necessary information with the other driver and avoid further accidents from happening.

4. Check the routes of your itinerary before you proceed with your tour.

5. Familiarize yourself with the car you rented, especially if renting something you don’t often drive.

Hopefully, if there are no major injuries and everything has been settled with the other party accordingly, you can carry on with your vacation.

21Aug 2020

Despite the many things you should be worrying about during a personal injury claim, your health shall always be your priority. The most important part of your recovery is making sure you are treated and cared for accordingly. The Letter of Protection is a written agreement that guarantees your medical bills will be paid using the money you’ll be getting from your settlement and the hospital agrees to wait until the case reached a verdict.

If you do not have health insurance, you may request your lawyer to write a Letter of Protection (LOP) as long as you were not the at-fault party.

LOPs are not always necessary, but it can be very useful even if you have health insurance. Sometimes, they will refuse to pay for your medical bills and would insist that the at-fault party’s insurance should be the one to pay instead or if the doctor or if the hospital refuses to provide you medical services because they doubt your capability to afford the bill.

Benefits from LOPs


Assurance

Get all the required medical treatment that you need and guarantee that the full cost of your medical expenses will ultimately be covered by your settlement.

Save time and money

You won’t have the need to use a credit card or loan money that would take forever to get approved by the bank. You can immediately start with treatment and focus on your recovery plus, there won’t be interest charges.

It’s Legal

LOP is a legal binding document. Insurance companies will try to discredit your use of the LOP as an attempt to make it look like your lawyer and your doctor are conspiring to minimize your settlement.

What happens if you lose the case?

LOP can sometimes be used to delay the hospital or physician from immediately charging the plaintiff’s credit until the case is resolved.

But just like any other debt, the hospital or physician will now have the cue to the demand for the payment and you are still obligated to pay the medical bills.

Insurance companies would delay the process as much as they can until you give in to a much lower settlement. If you want to get fair treatment and compensation from an accident and you think a Letter of Protection would help your case, seek legal help immediately. A lawyer can draft an agreement with your medical provider so that you can begin or continue treatment.

8Aug 2020

Racing has been one of the most exciting forms of entertainment and competition. There’s formula racing, sports car racing, and other types of professional racing.

Now I know most people think street racing is cool and entertaining since the idea of having fast fancy cars racing against each other has been popularized by the media. However, there is not much emphasis on the risks and how something this dangerous can turn into a serious crime.

Texas Transportation Code, Section 545.420 – Racing on Highway

A person may not participate in any manner in:

(1) a race;

(2) a vehicle speed competition or contest;

(3) a drag race or acceleration contest;

(4) a test of physical endurance of the operator of a vehicle; or

(5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record.

(1) “Drag race” means the operation of:

(A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or

(B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.

(2) “Race” means the use of one or more vehicles in an attempt to:

(A) outgain or outdistance another vehicle or prevent another vehicle from passing;

(B) arrive at a given destination ahead of another vehicle or vehicles; or

(C) test the physical stamina or endurance of an operator over a long-distance driving route.

Penalty

Before, street racing in Texas was only considered a simple traffic violation. But in 2003, the law implemented a stricter penalty depending on the cause of the accident.

The first offense of racing on a highway is: a Class B misdemeanor

A second offense of racing is: a Class A misdemeanor

A third conviction for racing is: a state jail felony

For Drivers

Your participation in a street race in Texas is now considered a Class B misdemeanor.

-Racers can face jail time of up to 180 days with a fine of up to $2,000, or both.

– Street racers can have their driver’s license suspended for up to a year and they must complete 10 hours of community service.

For Repeat offenders

For repeat offenders, the punishment is much higher and can also make its way to becoming to a second-degree felony.

– Suspension of the driver’s license.

– 2 to 20 years in prison or a fine of up to $10,000 or both.

If found guilty after receiving two-second felonies for illegally racing, the next offense can lead to life in prison.

For Drunk street racers

In Texas, You will automatically have your license suspended for a year and will merit you a class B misdemeanor with a $1,000 fine for drinking and driving. But is a street racer is caught illegally racing while drunk or if open containers of alcohol are found within the racing vehicle, regardless of the blood alcohol level of the driver, the punishment can increase from a class B misdemeanor to a second-degree felony.

Passengers

Passengers are not an exemption. They will also receive the following punishments:

-class B misdemeanor that includes a $2,000 fine

-up to six months in jail

– or both.

Spectators

Even if you were only caught watching or attending these events, you can also receive:

-a fine up to $500

– have the vehicle towed

if someone gets accidentally killed during these illegal racing events, spectators can also face manslaughter charges and additional felony penalties.

What happens to the car?

If the illegal street race resulted to personal injury or damages in property, a peace officer will take the vehicle to the nearest licensed vehicle storage facility unless it is seized as evidence.

Other Penalties

There are many other charges with designated penalties that a street racer may be liable for such as, damaged property, caused injuries, or evading a police officer for refusing to stop. You will be paying thousands of dollars for fines, your license can either be suspended or revoked or spend some time in jail.

If any person whether he or she was involved in the race or just merely a pedestrian walking in the street who suffered bodily injury because of the offense of racing the defendant can be charged with a third-degree felony.

If a person gets killed or suffers severe bodily injury, you may face a second-degree felony with a penalty range of 2 to 20 years.

Such misdemeanors and felonies will affect your chances of future employment because it will go on your permanent record.

Prosecutors provide serious consequences for street racing because it puts society at high risk and grave danger making cases like these very hard to win.

If you were caught in a street racing event, make sure to hire an experienced criminal attorney that will help you in giving you the best possible deals. You may consider doing a plea bargain for a reckless driving charge which has lighter punishments and penalties than those for illegal street racing or worse, you may be charged with a second-degree felony if a person is killed or suffers serious bodily injuries from the street race.

1Aug 2020

WHAT IS A HOSPITAL LIEN?


Lien – is a legal right that guarantees an underlying obligation

Hospitals and other emergency medical providers in Texas are required to provide treatment for accident victims. They are protected by the state, by allowing them to file a hospital lien for medical bills. The lien gives them the right to claim payment for rendered services from the money recovered by the injured person in a personal injury claim against someone who caused the injury. If you were recently in an accident and were injured due to another person’s negligence, you will probably get a bill in the mail.

It is common for health insurance companies to refuse to pay for emergency medical treatment when the injury was caused by a negligent party with no insurance. While in some cases, insurance companies will not pay your settlement until they are satisfied the hospital lien has been resolved, which can result in huge delays before you receive your money.

EXCEPTIONS


  • It only applies the first 100 days of the injured individual’s hospitalization.
  • The physician can request the hospital to act on their behalf to collect the lien for all necessary medical charges for the first seven days of hospitalization.
  • The lien only applies if you are treated in a hospital or emergency medical services within 72 hours of the incident.
  • The hospital should only collect money from a third party, and not your own insurance company.
  • The lien cannot be attached to the person at fault for the injury. It’s only attached to the person who claims compensation from the injury you are involved with.
  • It is important for the hospital to file the lien before the insurance company pays the injured party. Otherwise, the hospital will lose a claim against the insurance company.
  • You are still obliged to pay your hospital bills even without a lien.

How TO VALIDATE HOSPITAL LIENS?

The hospital must comply with all requirements for filing a lien. They will first send a notice of the claim by filing it with county records.

After a hospital or provider receives notice from the county clerk that the lien is filed, the hospital has five business days to send a written notice to the injured individual or the legal representative of the injured individual by mail to the last known address.

The injured party will need to check with the county clerk to see if any notice of a hospital lien has been filed. If they lose track of the lien, the hospital will have grounds against all parties for not settling the lien first.

If you can prove the amount charged to you is higher than the actual rate of the hospital, you can challenge the hospital lien and have it reduced. Suing the hospital and proving their bills are unreasonable can invalidate the hospital lien.

If the provider fails to follow these guidelines, the validity of the lien can be called into question.

HOW TO DEAL WITH HOSPITAL LIENS?


NEGOTIATE

The key to negotiating the maximum possible reduction on the charges is to have a seasoned attorney who knows the law and the strategies in battling Texas hospital liens.

Depending on the amount of liability insurance coverage available and the amount of the hospital lien, most hospitals are willing to negotiate down on the amount they recover from the liability insurance proceeds and sometimes, the hospital may reduce their charges in exchange for prompt payment.

USE YOUR HEALTH INSURANCE

If you have health insurance, you may seek their assistance in reducing the hospital’s bill and the lien.

Always ask for legal counsel, explore your options to ensure that your personal injury claim is processed as fair as possible.

If you find the hospital bills to be reasonable and you are left with enough settlement money that covers all of your damages, you can either pay the bill or instruct the insurance company to pay the bill out of the settlement.

24Jul 2020

The term “good samaritan” originates from a parable from the Bible. The story is about a man which they call a Samaritan (resident of Samaria), who stopped to help a man who had been robbed and injured while even the Priest and the Levite passed by and simply ignored him. It basically tells us a lesson on how we should “love our neighbors as we love ourselves”.

The Texas Good Samaritan law protects good Samaritans from costly claims of negligence in the event that they provided emergency assistance to another individual involved in an emergency situation. This law also promotes an overall helpful disposition for the citizens to care and protect one another from further injury.

Good samaritans have the best intentions when responding to an accident or emergency situation. Unfortunately in some high-stakes and high-pressure situations these individuals may make some mistakes due to confusion, panic and the survival mindset. The Good Samaritan Law protects these individuals when these unfortunate mistakes are made.

The Good Samaritan Law applies to civilians, first responders and unlicensed medical personnel who act in good faith.

The Good Samaritan Law does not protect individuals whose motive was only to help someone with the intention of receiving a reward.

Car accidents are a common example. A bystander at the accident scene may try to help the driver by pulling him out of a totaled vehicle and may injure him in the process of removing him from the vehicle.

Unfortunately, it’s not unusual to sustain additional injuries during this process. Without the Good Samaritan law, the driver might sue the good samaritan for additional injuries or negligence, even if the person was only trying to help.

Another example could be an injured driver in a single-car accident who will accuse a Good Samaritan of causing their injury. This can happen when he needs someone to blame so he can get compensation for his injury, even if he is fully aware that the accident is his own fault.

Texas Good Samaritan Law Exceptions


Willful or Wanton Conduct

This protection does not apply if the person was negligent or reckless when offering aid in any kind of emergency situation.

Expectation of Remuneration

This protection does not apply if the person or medical professional offered service while expecting to be paid or solicited business at the scene of the emergency.

Medical Professionals

This protection does not apply to a person who works in the care industry, the hospital or the emergency room.

Including, a treating physician or admitting physician of a patient with a health-care liability claim.

Cause of Harm

This protection does not extend to a person who was responsible for causing an emergency situation. For example, if a driver crashed with another vehicle and then rendered aid to the other driver, he or she could still be held liable for damages that resulted from lending aid.

Good Samaritan 911 call

A fraudulent or misleading call to the police can potentially lead a person to civil liability.

Good Samaritan Law for CPR

A person can face liability if he or she performed unnecessary emergency CPR on the victim.