Uninsured / Underinsured Personal Injury Breakdown
If you have more than the most basic form of insurance coverage, it’s more than likely you’re covered when injured by an uninsured / underinsured motorist. However, not all insurance claims adjusters inform policyholders they can recover medical expenses and lost wages under the terms of their policy’s uninsured / underinsured coverage. In some cases, an insurer may either deny coverage altogether or attempt to reduce the claim amount by alleging you were partially at fault for an accident.
At the Law Offices of Jason Khattar, our lawyers work closely with people injured in auto accidents involving uninsured / underinsured motorists. When insurers take an inordinate amount of time to process a claim, our office may contact the State Attorney General’s Office to initiate a bad faith insurance practices case.
Don’t let your insurer confuse you or deny you the compensation you’re entitled to under the terms of your own policy. To schedule an appointment, contact uninsured / underinsured insurance coverage attorneys at the Law Offices of Jason Khattar today.
Comparative Negligence in the State of Texas
Texas is a “comparative negligence” state. Generally speaking, this means that even if a person was partially to blame for an accident, he or she is still eligible to recover some form of damages. However, Texas also follows the “modified comparative fault – 51% rule” in regard to comparative negligence. This means that if a person is found to be more than half at fault (51% or more responsible for causing an accident), he or she is barred from recovering any damages.
It’s not uncommon, then, for insurers to allege policyholders were at least 51% responsible for causing an accident when uninsured / underinsured coverage comes into play. If an insurer can establish that you were more than half responsible for an accident, they don’t have to pay you anything. That’s why our attorneys work with experienced accident investigators to challenge attempts on the part of insurers to blame our clients for bearing a majority of fault in accidents involving uninsured / underinsured claims.
When an Insurance Company Acts in Bad Faith
As personal injury attorneys, we’ve had years of experience in battling insurers and their expert witnesses. We’re prepared for the kinds of tactics they employ to assign fault and confuse issues in an attempt to reduce or avoid paying claims. If you’ve been injured by an uninsured or underinsured driver, contact the Law Offices of Jason Khattar today to schedule a free consultation to discuss your case.
Extra Recovery beyond Workers Compensation in Workplace Accidents
About a century ago, when factories and other workplaces were far more dangerous than they are today, state legislatures across the United States passed what was then known as workman’s compensation laws to help injured employees recover lost income and medical treatment for injuries suffered at work. The workers’ compensation system was and remains intended to serve as a streamlined means of protecting injured employees — while it is not necessary to prove negligence on the part of an employer or coworker, neither are many elements of personal injury damages available to injured employees under workers’ comp laws in Texas and elsewhere.
Don’t assume that your right to a financial recovery begins and ends with workers’ compensation. Contact a knowledgeable attorney at the Law Offices of Jason Khattar & Associates for a free consultation about your rights in the aftermath of a serious workplace accident. We can advise you about your right to personal injury damages under many different circumstances, including the following:
- Negligence of a driver, vendor, supplier, independent contractor or other party unrelated to the employer
- Availability of supplemental insurance carried by certain employers to take the place of workers’ compensation
- Employer’s failure to carry either workers’ comp insurance or supplemental insurance
If the employer carries supplemental insurance or no insurance at all, the general rule against a personal injury lawsuit against the company for workplace accident damages does not apply. On the one hand, you’ll need to prove negligence against the employer or someone under the employer’s control. On the other hand, the full range of negligence damages will be available to you upon establishing the employer’s liability. These include payment for pain and suffering as well as other losses that the workers’ compensation system does not cover.
In some cases, especially accidents suffered in the construction industry, you will be able to pursue a personal injury lawsuit against a third-party defendant even while your workers’ compensation claim is being paid. Our expert workplace accident lawyers can advise you about all the different sources of payment that might be available in your case.
Contact us HERE for a free consultation about your rights if you or someone in your family has suffered a serious injury on the job, contact a personal injury lawyer at the Law Offices of Jason Khattar in San Antonio.