If you have more than the most basic form of automobile insurance coverage, you are likely covered in the event that an uninsured or underinsured motorist injures you in an accident. However, following an accident, some insurance claims adjusters may fail to inform policyholders that they can recover medical expenses and lost wages under the terms of their policy. In some cases, an insurer may either deny coverage outright or attempt to reduce the amount you may receive by alleging that you were partially at fault for the accident.
At Khattar Law, PC, our injury lawyers work closely with people injured in car accidents involving uninsured and underinsured motorists. We help clients ensure that the claims process runs efficiently, and our office regularly contacts the Texas Attorney General’s Office to initiate bad-faith insurance practices cases when insurers drag their feet when processing a claim.
Do not allow your insurer to confuse you about your coverage or deny you the compensation to which you are entitled under your policy’s terms. Contact the Law Offices of Jason Khattar today to schedule an appointment regarding uninsured or underinsured motorist coverage.
Comparative Negligence in Texas
Texas is a “comparative negligence” state, which means that an accident victim may be eligible to recover a percentage of damages even if they were partially to blame for the accident. However, Texas also follows the doctrine of modified comparative fault, which means that a person is barred from recovering any damages if they are at least 51% at fault for causing the accident.
It is not uncommon for insurers to allege that a policyholder was at least 51% responsible for an accident involving an uninsured or underinsured motorist. If an insurer can establish that you were more than half responsible for an accident, it does not have to pay you anything. To combat these allegations, our attorneys work with experienced accident investigators to challenge insurers’ attempts to blame our clients for bearing most of the fault in accidents with uninsured or underinsured motorists.
When an Insurance Company Acts in Bad Faith
As personal injury attorneys, we have years of experience battling insurers and their expert witnesses. We are prepared for the tactics they commonly employ to assign fault and confuse issues in an attempt to reduce or avoid paying claims. If you have been injured by an uninsured or underinsured driver, contact Khattar Law, PC 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 the first laws designed to help injured employees recover lost income and expenses relating to medical treatments for injuries that they incurred at work.
The workers’ compensation system serves as a streamlined means of protecting injured employees, and it is unnecessary to prove negligence on the part of an employer or coworker. However, when negligence comes into play, there may be additional compensation to which you are entitled.
Do not assume that your right to financial recovery begins and ends with workers’ compensation. Contact a knowledgeable attorney about your rights in the aftermath of a serious workplace accident. We can advise you about how you can pursue personal injury damages under many different circumstances, including the following:
- Negligence of a driver, vendor, supplier, independent contractor, or other third parties unrelated to the employer
- Availability of supplemental insurance carried by certain employers to take the place of workers’ compensation
- Employers’ failure to carry either workers’ compensation insurance or supplemental insurance
If the employer carries supplemental insurance or no insurance at all, the general rule barring personal injury lawsuits against a company for workplace accident damages does not apply. However, these claims would require you to prove that the employer or someone under the employer’s control was negligent.
If you can demonstrate negligence, the full range of personal injury damages would 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 seasoned 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. A personal injury lawyer is ready to help you at the Law Offices of Jason Khattar in San Antonio.