The Process of Subrogation

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Texas Personal Injury Lawyer Explains the Process of Subrogation

You may have heard the term subrogation and wondered what it meant. Sounds like something out of a spy movie, but the reality of subrogation has nothing to do with subterfuge. Subrogation is the process in which one insurance company receives recompense from another insurance company for funds spent related to a loss for its insured customer.

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Commonly, people mistakenly believe that subrogation enables the injured victim to receive greater compensation, but that’s not the case. Subrogation doesn’t benefit or harm the injured party. It’s merely a means by which the insurance company can recoup expenses in relation to the victim’s loss. More about our Car Accident Lawyer here
Some people hold the misconception that subrogation is a means by which an injured party can receive just compensation through his or her own insurance carrier. That’s not the case either. Your insurance carrier has no more interest in helping you than the insurance company for the party who injured you does. The only way to get just compensation is to hire an experienced attorney to look out for your rights.

The Subrogation Process

Normally, the subrogation process follows one of two patterns:

An insurance carrier believes that another entity will have to repay them in the long run, so they will “front” for an expense and then subrogate to the other party for reimbursement. 

An insurance carrier will think that it needs to pay for damages incurred by an injured party, only to discover at a later date that another party was negligent and should have paid the money, so they will subrogate to attain reimbursement. 

While personal injury is likely new to you, chances are you’ve had to deal with car insurance. To illustrate the first example of subrogation: when you have an accident and your auto insurance policy pays for damage to your vehicle and a rental car as soon as the accident occurs even when the other party is at a fault. The other party’s auto insurance may take weeks to admit fault and pay for your damaged vehicle. In the meantime, how are you supposed to get around? Sometimes, your insurance company might even pay for repairs and then subrogate this expense to the other insurance company after the fact. The same principle holds true with a work-related injury. Often, your health insurance carrier will pay for medical bills, knowing that it can subrogate to the workman’s compensation policy when the time comes.

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The second example of subrogation can be illustrated by looking at a case where an insurance company is unaware that another party is liable for an accident, or in some cases, that another liable party even existed. Recently, our firm won a convoluted work injury case in which the injured victim was working for a temp agency. He was placed with another company where he was injured. The company that was borrowing the worker didn’t have workers’ compensation insurance, but the temp agency did. The temp agency acted responsibly and paid the worker to the tune of a six-figure settlement. However, our investigations later revealed that the other company was liable, and the workmen’s compensation insurer for the temp agency was able to subrogate the settlement against the liable party they previously didn’t know existed.

In most cases, subrogation neither hurts nor helps an accident victim. It’s just a way by which insurance companies divert the expense of paying benefits between each other. The only way an accident victim can be further victimized by subrogation is when he or she falsely concludes that they don’t need to consult with a lawyer because their needs are being met by subrogation.

If you’ve suffered a personal injury, and you have more questions about subrogation, call our Law Offices today for a fee consultation.

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Personal Injury Law – Car Accidents

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Personal Injury Law – Car Accidents

Backup collisions are when a driver puts the automobile in reverse and runs into an object, person, or other car. All cars are equipped with rearview mirrors which are adequate for detecting vehicles behind a car, but they are often inadequate when it comes to detecting small children or objects that are low to the ground and fall in the car’s blind spot. Large trucks have much larger blind spots that can hide entire vehicles and large adults. According to research by Kids and Cars, an organization devoted to preventing (non-traffic) motor-vehicle-related deaths and injuries to children, 49% of the non-traffic, non-crash fatalities involving children under 15 were caused by vehicles that were backing up. The Centers for Disease Control (CDC) report that in a two-year period, an estimated 7,475 children under the age of 15 were treated for automobile back-over incidents.More about our Car Accident Lawyer in San Antonio here

The US National Highway Traffic Safety Administration found that backup collisions most often occur in residential driveways and parking lots, involve sport utility vehicles (SUVs) or small trucks, and occur when a parent, relative, or someone known to the family is driving, particularly affect children less than five years old. Typically the driver of the car backing up and hitting an object, a person, or another car is usually considered to be at fault. More on this website

Prevention organizations suggest that parents use common sense and also take safety measures such as installing cross-view mirrors, audible collision detectors, rear-view video cameras, and/or some type of reverse backup sensors. In addition, safer backing up is done when the driver turns completely around and looks out of the rear window of the car, rather than relying on mirrors. This provides a wider field of vision and better control of the vehicle. At this time, rear-end cameras, audible warning sensors, and other technologies that might reduce the number of fatalities are not considered standard safety equipment by automakers and are offered only as optional parking aids in some high-end vehicles. It may be years before they become as ubiquitous as seatbelts and airbags. Audible warning sensors and/or rear cameras are standard in some luxury brands. Warning sensors can add $100 to a vehicle’s price, and a camera system costs about $300. Aftermarket cameras and sensors range from $150 to over $1,000.

Last November the National Highway Traffic Safety Administration reported to Congress that backover accidents are not a recent phenomenon but disputes the idea that the number of accidents is increasing as the size of automobiles and their rear blind spots grow (such as SUVs and minivans). But a study by Consumer Reports magazine suggests that SUVs, pickups and minivans are longer and taller and that their blind zones extend as much as 50 feet from the rear bumper and contribute to poor visibility.

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When You Are Injured In A San Antonio Car Accident

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When You are Injured in a San Antonio Car Accident, Call Our Auto Injury Attorneys

Texas is no different from any other place in the world that experiences a lot of vehicle traffic. Wherever large numbers of cars, trucks, buses and other motorized vehicles congregate, accidents are going to take place. Whether it’s a relatively innocuous fender-bender or a life-altering major accident, it’s inevitable that mishaps are going to occur.

Should you be involved in an automobile accident, the main thing you want to know is that your rights will be protected, and you get whatever compensation you have coming to you for any injuries you may have experienced as a result of the wreck. All of these kinds of cases are different, so to be ensured that your rights will be protected, you need to call on the experienced auto injury attorneys at our Law Offices. In this article, we provide some basic information in regard to how to win any litigation that may arise from your accident, plus other information you should seriously consider before you hire an attorney to handle your accident claim. More on this website about “Car Accident Lawyers San Antonio

Basics of Automobile Accident Law

There aren’t too many grey areas concerning what you need to successfully prove in regard to winning your automobile accident litigation. You, the victim, will be considered the plaintiff, and as such you bear the burden of proof in your case. From the start, the court will assume that the other driver will not owe you anything. You have to prove to the judge or jury that you deserve to be paid for your claim. If you fail to do so, you’ll leave the courtroom with no more than you entered it with. In order to prove you are entitled to payment, you have to fulfill three requirements: 1. You have to prove the defendant behaved in a manner in which a reasonable person would not behave. 2. You suffered harm as a result. 3. The defendant’s behavior caused that harm.

Here are some more details involving those three requirements:

1. Proving the unreasonableness of the defendant – Every driver on the road is required to operate his or her vehicle in a way that any reasonable person would be expected to do. You have to prove that the defendant in your case did not drive as a reasonable person would be expected to drive. In legal terms, all drivers have a “duty of care” to act in a reasonable manner. If a driver does not, he or she is said to have breached that duty of care. Examples of not driving in a reasonable manner include speeding recklessly, running red lights or driving without headlights at night.

2. Proving you suffered harm as a result of the other driver’s unreasonable actions – You must not only prove that you were harmed by those unreasonable actions, you must also prove the monetary worth, or damages, of that harm. It is obvious to you that you’ve suffered a significant injury, but you’ll still have to prove it to the court. Establishing the level of damages can be very difficult, especially when you’ve suffered a soft tissue injury such as a back injury or whiplash. Often, judges and juries will look at such injuries with a doubtful eye. They’ll be much more skeptical of that kind of injury than they would a more “tangible” injury such as a broken or severed limb, for example. The auto injury attorneys at our Law Offices are experienced in helping clients establish the value of their damages, know what kind of evidence needs to be gathered to do so, and know how to present that evidence effectively in court. More here about auto accident Lawyer

3. Proving the defendant caused you harm – Finally, in order to prevail in your accident claim case you will also have to prove the other drivers actions (or in some cases, inactions) led to your injuries. This is referred to as “causation” in legal terms. This causation can often be proven through evidence such as video footage, photographs, measurements at the accident scene, police reports and the testimony of witnesses. It is vital to your case to gather that evidence as quickly as you can, because it is easy for evidence to disappear. The auto accident attorneys with our Law Offices know how to thoroughly investigate the accident scene and preserve the evidence you will need to prevail.

Car Accident Law – Auto Accidents Can Create A Lot Of Issues

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Auto Accidents Can Create A Lot Of Issues

If you were recently involved in an automobile accident, you may have incurred thousands of dollars in car repairs and medical costs. You might also be coping with lost wages and stability. You need not bear the expenses for a mishap that is not your fault. More about Car Accident Lawyer San Antonio here

A victim of any sort of accident can file a claim making the other party liable to compensate them for injuries and damages.

Seeking compensation, also called injury settlement, is a long and tiring process. After all is said and done, you might only get a part of what you are actually entitled to. For this reason, experts always advise working with a car accident lawyer.

What does a Car Accident Attorney do?

A personal injury lawyer handles the legal formalities ensuing from your car crash. Failure to provide necessary documents can cost you a huge portion of the payment you are entitled to. A legal professional evaluates a claim before submitting it. He examines bodily injuries and vehicle damage to rule out foul play or purposeful damage. An auto accident attorney prepares and compiles the essential legal documents to be submitted for a claim to be processed.

Not all, but a handful of insurance companies give lawyers a hard time. These people inform lawyers that the policy will cover either medical expenses or car damages but not both. They convince the victim of the accident to settle for a small compensation rather than not getting anything at all. An experienced attorney, having worked on similar cases before, knows how to deal with insurance providers. The attorneys put pressure on the insurance company and ensure you receive your rightful compensation. They save time and work. Personal injury lawyers arrange experts to give testimony during courtroom proceedings.

An accused in a car accident can also use the services of a personal injury attorney. As an agent of the accused, the attorney will try to get the minimum penalty. He will mention facts in your favor and therefore work to reduce the compensation amount. He will scrutinize medical and auto bills to be sure to do not pay more than you are liable for. Generally, attorneys will try to settle cases out there of court.

It is simple to find a car accident lawyer. Most legal professionals work for a firm but a few practice independently. Locating one should not be difficult. You can search phone directories. Attorneys are often categorized according to their specializations. Online professional directories are another destination to look at.

The expense of hiring a personal injury legal professional works out to approximately the same as finding a foreclosure attorney or bankruptcy lawyer. However, total costs may differ based on how the attorney charges you. Some attorneys charge on an hourly basis while others charge a percentage of the total compensation awarded to the client. The client needs to pay costs for office supplies, distance phone calls or expert witness used during litigation.

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