I was in a car crash. Could I have a concussion?

              Yes. A concussion (mild traumatic brain injury) can be caused by a car collision. Concussions can be caused by a bump, blow, or jolt to the head or by a hit to the body that causes the head and brain to move rapidly back and forth. This sudden movement can cause the brain to bounce around or twist in the skull, creating chemical changes in the brain and sometimes stretching and damaging brain cells. https://www.brainline.org/article/facts-about-concussion-and-brain-injury https://www.cdc.gov/traumaticbraininjury/basics.html What are the symptoms of Concussion (Traumatic Brain Injury)? Effects on Thinking • Difficulty thinking clearly • Feeling slowed down • Difficulty concentrating • Difficulty remembering new information Physical Symptoms • Headache • Nausea or vomiting (early on) • Balance problems • Dizziness • Fuzzy or blurry vision • Feeling tired, having no energy • Sensitivity to noise or light Emotional Effects • Irritability • Sadness • More emotional • Nervousness or anxiety Sleep Disturbance • Sleeping more than usual • Sleeping less than usual • Trouble falling asleep https://www.brainline.org/article/facts-about-concussion-and-brain-injury According to the CDC, symptoms following a mTBI typically include one of more of the following: difficulty in, focusing, organizing thoughts, remembering, or processing new information; problems with dizziness or balance; sensitivity to light or noise; sleep disturbance (including sleeping more or less than normal, or difficulty getting to sleep or staying asleep); irritability or temper outbursts; and becoming emotional, tearful, or anxious. https://www.cdc.gov/traumaticbraininjury/symptoms.html Fatigue is one of the most frequently reported symptoms after Mild Traumatic Brain […]

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Drunk Driving Facts

Drunk Driving Facts Driving drunk impairs the driver’s judgment, vision, and reaction time.  The statistics compiled by the National Highway Traffic Safety Association (NHTSA) tell the story of just how dangerous drunk driving is: Nearly 30 per cent of all traffic fatalities in the U.S. involve drunk driving. In 2017, drunk driving took  the lives of 10,874 Americans—one death  every 49 minutes.  And one of us is injured as a result of drunk driving every 2 minutes. https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812630 What do we know about drunk drivers?  On average, a driver drives drunk 80 times before before their first arrest for drunk driving. https://www.dosomething.org/us/facts/11-facts-about-driving-under-influence Statistics show that between 50% to 75% of drivers whose licenses have been suspended for drunk driving continue to drive on a suspended license. https://www.madd.org/statistics/  Texas law—legal remedies for victims of drunk driving  A driver who drives while intoxicated and causes an injury is liable for negligence.  In addition, the driver may be liable for gross negligence and exemplary damages. Under Texas law, gross negligence requires a showing that the driver’s conduct, when viewed objectively from the standpoint of the driver, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others and that the driver had actual, subjective awareness of the risk involved, but nevertheless proceed in conscious indifference to the rights, safety, or welfare of others on the road. Transp. Ins. Co. v. Moriel, 879 S.W.2d 10, 23 (Tex. 1994).   Montgomery County leads Texas in driving under the influence fatalities per […]

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ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS

ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS If you or a loved one is seriously injured or killed while on the job, there are two critically important questions that need to be answered: Was the employer a subscriber to Workers Compensation Coverage; and Was the injury caused by someone other than the employer or a co-worker? What is a “Non-subscriber?” Under Texas law, if an employer subscribes to Workers Compensation Coverage, the injury claim is subject to a very strict set of rules, and the potentially recoverable damages are strictly limited by statute.  However, if the employer does not provide Workers Compensation Coverage for its employees, the employer is considered to be a Non-subscriber, and a very different set of rules applies, and a completely different measure of recoverable damages is available. Why does “Non-subscriber” status make a difference?  Instead of being limited to recovery of medical expenses plus 70% of your average wages during the time you are unable to return to work, the potential damages recovery in a Non-subscriber claim is much higher.  https://www.tdi.texas.gov/wc/employer/cb007.html A Non-subscriber claim allows for the recovery of: 100% of your lost wages; future diminished earning capacity due to the injury; full damages for physical and cognitive impairment; loss of earning capacity in the future; pain and suffering. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm What is a “Third Party” claim? Even if an on the job injury claim is subject to the damages limitations of Workers a Compensation Coverage, your attorney should evaluate the potential for a “Third Party” […]

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What are Personal Injury Protection and Medpay?

What are Personal Injury Protection and Medpay?  Personal Injury Protection (PIP) PIP coverage is required by statute to be part of any auto policy written in Texas, unless it is rejected in writing. PIP covers everyone in the insured auto up to PIP coverage limits. PIP will cover every insured regardless of the vehicle they are in. PIP will cover losses incurred within three years of the date of an accident. PIP is available regardless of fault or other available benefits. If PIP benefits are not timely paid (within 30 days) attorney’s fees and interest are recoverable. PIP coverage will pay medical bills, reimburse you for out of pocket coverage and reimburse you for lost wages. You do not have to pay your insurer back for the money you received from PIP. The PIP carrier must pay “reasonable expenses that are for necessary medical services”. This means that the carrier can pay less than what the medical provider billed. PIP covers 80% of lost income. PIP coverage limits are often $2,500, but may be $5,000, $10,000 or even higher. PIP coverage is generally affordable and can help offset out of pocket costs.  https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm   Medpay Medpay covers only medical expenses, and you may have to pay it back. Medpay has no statutory basis and no legal restrictions on its terms.   The lawyers at Wham & Rogers can help with your PIP claim.  Call us at 832-592-1108, or fill out a form on our contact page:  https://www.whamandrogers.com/contact/   The information […]

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What is Personal I

  Personal Injury Protection (PIP) PIP coverage is required by statute to be part of any auto policy written in Texas, unless it is rejected in writing. PIP covers everyone in the insured auto up to PIP coverage limits. PIP will cover every insured regardless of the vehicle they are in. PIP will cover losses incurred within three years of the date of an accident. PIP is available regardless of fault or other available benefits. If PIP benefits are not timely paid (within 30 days) attorney’s fees and interest are recoverable. PIP coverage will pay medical bills, reimburse you for out of pocket coverage and reimburse you for lost wages. You do not have to pay your insurer back for the money you received from PIP. The PIP carrier must pay “reasonable expenses that are for necessary medical services”. This means that the carrier can pay less than what the medical provider billed. PIP covers 80% of lost income. PIP coverage limits are often $2,500, but may be $5,000, $10,000 or even higher. PIP coverage is generally affordable and can help offset out of pocket costs.  https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1952.htm Medpay Medpay covers only medical expenses, and you may have to pay it back. Medpay has no statutory basis and no legal restrictions on its terms. The lawyers at Wham & Rogers can help with your PIP claim.  Call us at 832-592-1108, or fill out a form on our contact page:  https://www.whamandrogers.com/contact/   The information in this blog is not, nor is it […]

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ON THE JOB INJURIES—TWO CRITICALLY IMPORTANT QUESTIONS

If you or a loved one is seriously injured or killed while on the job, there are two critically important questions that need to be answered: Was the employer a subscriber to Workers Compensation Coverage; and Was the injury caused by someone other than the employer or a co-worker? What is a “Non-subscriber?” Under Texas law, if an employer subscribes to Workers Compensation Coverage, the injury claim is subject to a very strict set of rules, and the potentially recoverable damages are strictly limited by statute.   However, if the employer does not provide Workers Compensation Coverage for its employees, the employer is considered to be a Non-subscriber, and a very different set of rules applies, and a completely different measure of recoverable damages is available. Why does “Non-subscriber” status make a difference?  Instead of being limited to recovery of medical expenses plus 70% of your average wages during the time you are unable to return to work, the potential damages recovery in a Non-subscriber claim is much higher.  https://www.tdi.texas.gov/wc/employer/cb007.html A Non-subscriber claim allows for the recovery of: 100% of your lost wages; future diminished earning capacity due to the injury; full damages for physical and cognitive impairment; loss of earning capacity in the future; pain and suffering. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm What is a “Third Party” claim?  Even if an on the job injury claim is subject to the damages limitations of Workers a Compensation Coverage, your attorney should evaluate the potential for a “Third Party” claim. A Third Party claim is […]

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Why You Need Uninsured and Underinsured Motorists Coverage

  What is Uninsured Motorists Coverage? Uninsured motorists “UM” coverage protects you if you are injured by a driver with no insurance.   You may assume that other drivers will follow the law and will buy auto insurance just like you do.    However, this is not always the case.  There are many uninsured drivers on our roads.  Some drivers never buy auto insurance and take their chances on being ticketed. Some drivers have coverage but miss their monthly payment so the coverage lapses. In other cases, the owner of the car may have coverage, but may allow an excluded driver (usually a family member with a bad driving record) to drive the car, so there is no coverage. What you may not realize is that even if a driver does have auto insurance, if the driver does not “cooperate” with his insurance company, the insurance company can deny coverage. If you are injured by a driver with no insurance coverage and you do not have UM coverage, you may have no way to collect from the at- fault driver.   Typically, drivers with assets to protect have auto insurance.  It’s usually those drivers with nothing to lose who do not carry auto insurance. To protect yourself and your family from uninsured drivers, it’s important to carry uninsured motorists coverage, with limits high enough to protect you should the worst happen. What is Underinsured Motorists Coverage? Underinsured Motorists Coverage “UIM” coverage protects you in the event the at-fault driver does not have enough […]

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