Will Failure to Wear a Seatbelt Discredit my Case?

Texas law 545.413 states that everyone in the vehicle must be wearing a seatbelt.  Fines for not complying can be up to $250, and the driver is responsible for ensuring that passengers are wearing their restraints.

But what happens if you’re injured in a wreck while not wearing a seatbelt, but you’re not the at-fault party?  Do you still have legal grounds, or will the case be thrown out?

The Car Crash Captain weighs in on what your rights are, what needs to be done, and what the consequences can be for not buckling up.

Seatbelts Do Save Lives

More people are wearing their seatbelts than ever before.  In fact, in the last two decades we have reached, and surpassed, 90% usage.  Of course, that means 10% of people out there still don’t buckle up.

It’s hard to do a study on how many lives are saved with seatbelt use; there’s really no way to recreate an accident and see what would have happened buckled or unbuckled.  But with thousands of fatal accidents every year, investigators can make some pretty accurate predictions on what happens when you’re buckled vs. unbuckled.

The data shows that thousands of lives are saved using seatbelts, and thousands more can be saved if the other 10% would fasten their belts before driving.

Some studies show that half of fatalities are those who didn’t buckle their belts.  The conclusion: buckle up not just because it’s illegal not to do so, but because it’s in your own best interest.

Texas’s Modified Comparative Fault Rule

But we’re wondering what happens if you’re injured in a wreck, that wasn’t your fault, and you weren’t wearing your seatbelt.  What it comes down to is what is called the modified comparative fault rule.

This rule, simplified, means that it’s not an all-or-nothing wreck.  In some states the at-fault party is 100% liable, and the victim is 0% liable.  In Texas, however, it can be another percentage.

For example, a driver runs a stop sign in the middle of the night, and collides with another vehicle.  But that other vehicle didn’t have their headlights on.  The court could decide that the vehicle operating without headlights on was partially to blame for the wreck.

But does failure to buckle cause a wreck?  Of course not.  Failure to buckle, however, does cause greater injuries during a wreck.

If you aren’t buckled up when you’re in the wreck, the at-fault party could argue that your injuries were substantially worse than if you were buckled up.  Depending on the case, it could be argued that had you worn a seatbelt, you wouldn’t have suffered any injuries, and thus no compensation is awarded.

That doesn’t mean that’s the outcome every single time.  If a loved one is killed by being hit head-on by a semi-truck, the seatbelt isn’t going to make a difference.  But it does mean that extra work is going to be in order to prove that the seatbelt use, or lack of use, was a contributing factor to your injuries.

Come to Herbert Law Group after Any Accident

So, what are you to do if you’re in a wreck and you weren’t wearing your seatbelt?

You enlist the help of Herbert Law Group of course!  We are here to make sure that you receive the compensation you need to recover from your injuries.  Even if you weren’t wearing a seatbelt, you were still injured and you still deserve to be able to recover.

Give us a call at 214-414-3808, or fill out the contact form on our site and we’ll be in touch.  The first call has no obligation, we just need to get to know you first to make sure we’re a good fit.

Do I have to Honor the Verbally Accepted Offer?

After a car accident, the insurance company will call to discuss the details of what happened.  Their goal is to quickly settle the claim so they can clear it off their books with as little cash outlay as possible.  When the wreck is fresh, they expect that you won’t realize the full extent of your injuries, and they can get away with paying less than what is fully required to compensate you for your injuries.

The Car Crash Captain is here to help you full recover what you need.  A verbal acceptance can damage the final outcome of your settlement, so pay attention to what you say on the phone; especially when the line is recorded.

Is a Verbal Acceptance a Binding Acceptance?

In most cases a verbal acceptance isn’t a complete acceptance of the offer.  However, there are a lot of variables that go into the assessment.

When you verbally accept an offer, it is most likely on a recorded line (the company will tell you they are recording the conversation at the beginning).  If the verbal offer uses the same wording and structure as the official written offer that you sign, then it will be harder to re-open negotiations after the fact.

You still have options, and using a personal injury lawyer to help is essential.

However, if the offer is disguised, and hidden among other language, you have many more options.  It can be argued that your acceptance wasn’t for the settlement, but rather acceptance of something else that was told to you during the phone conversation.

Can I take back my Acceptance of the Initial Settlement Offer?

Suppose you do accept an offer, but then when you receive the paperwork (or the official documents online where you would e-sign them) you realize that the settlement offer isn’t going to fully compensate you for your losses, can you back out?

Usually you can back out of a verbal agreement.  But again, if the wording was very close to the final offer, it’s going to be harder.

A car wreck lawyer will help you receive the right amount of compensation, even after you have initially accepted an offer.  In the world of personal injury, there is a lot of wiggle room.  Knowing what to pursue and how to pursue it, however, comes with experience in these matters.  The attorneys at Herbert Law Group have that experience.

How will a Car Wreck Lawyer Help with my Settlement?

When you are injured, you have a lot going on.  Most people focus on recovering from their injury, missing work, and how they are going to replace the vehicle that was destroyed in the wreck.

What most people aren’t focused on, however, is the bigger picture.

They don’t realize that therapy might be necessary to mentally recover from the wreck.  They don’t realize that the recovery can take months, or even years, before their body is “back to normal.”  They don’t realize that they may never get back to normal.  Instead modifying how they live will become their new normal; a lifestyle that may need special equipment and ongoing medical care for the rest of their life.

Those are all concepts that you don’t want to have to deal with when you’re recovering.  They all add stress, which studies show slow down the physical healing process.

Instead, a car wreck lawyer will take all of that stress from you, so you know you’re getting the maximum settlement possible; even if you have made a verbal acceptance to an initial low-ball offer.

Get in Touch with Herbert Law Group

It all starts with a conversation.

We need to get to know you, and understand what happened in your wreck.  We need to find out if we can help first, then determine how we can help.

It’s a simple phone call.  Just call us at 214-414-3808, or fill out the contact form on our site; we’ll reach out to you shortly.

From there, we’ll determine the best way to move forward with your settlement.

After a Wreck, You May be Hit these Five Ways

Even a minor wreck, where you’re not injured, can end up costing a lot of money.  When it comes to wrecks where the bulk of the costs are property damage, insurance companies generally do a good job of making sure you’re taken care of.  Those kinds of car accident damages are easy to deal with.

But for others, those wrecks where you’re injured – or someone is killed – those wrecks get a little more complicated.

We’ve rounded up five kinds of car accident damages that you will incur after a major accident.

Car Accident Damages Range in Costs

There’s no particular order to this list, they’re all going to add up to a considerable sum.  That’s why you always want the Car Crash Captain on your side if you’re in a wreck.

1 – Out-of-Pocket Expenses

There are a lot of little expenses that add up over time.  A complicated claim that takes longer ends up having even more of these out-of-pocket expenses.

So, what are they?  If your vehicle is wrecked, you either need a rental or you need to take public transportation.  You might have to purchase a significant amount of over-the-counter medical supplies to aid in your ongoing recovery.  Parking fees, new clothing to replace that damaged in the wreck, and more all come out of your pocket.  Keep track of them as these are real costs to you after a crash.

2 – Property Damage

Every wreck involves property damage.  Vehicles collided, and they get damaged or ruined.  This type of car accident damage is actually pretty easy to account for.

Your vehicle is worth a certain amount of money.  An auto body shop will charge to restore it to its fully functioning capabilities, unless the cost to repair exceeds the value of the vehicle.  The negligent party’s insurance will pay for the repairs or replacement of that vehicle.

3 – Medical Expenses

Any accident that involves an injury will have medical expenses.  These can quickly accumulate into the many thousands of dollars, but they’re all traceable and trackable.  Just make sure that you seek medical attention right away so there is no argument that you might be claiming an injury that’s a pre-existing condition.

Medical expenses include everything from your hospital visit and follow-up doctor visits, to physical therapy, ongoing treatments, and disability costs (think of all the supplies you would need if you’re confined to a wheelchair).

4 – Pain and Suffering

Property damage and medical expenses are easy to calculate.  But where the insurance company will likely try to stiff you are with car accident damages that aren’t easy to see.

Pain and suffering is all about the mental anguish and distress that you go through after an accident.  How do you put a number on re-learning how to live if you’ve lost a leg?  What amount will help you if your spouse is killed in a wreck?  How much therapy does a person need to get back into a positive frame of mind?  Anxiety, loss of enjoyment in life, and stress due to these circumstances can greatly diminish your quality of life.

5 – Lost Wages

If you’re in the hospital after a wreck, you likely won’t be able to make it into work that day.  Depending on how severe your wreck is, you might not make it into work for quite a while.

In most situations you won’t have to worry about losing your job, but there are many times when your injuries make it so that you can’t perform your work duties anymore.  Then, if you’re put in a new position, you might not make the same wages.  If your pay drops a few thousand dollars per year, that adds up to a significant sum throughout your working career.

Let Herbert Law Group Help with Your Claim

Car accident damages aren’t always easy to see.  And that’s what insurance companies are counting on.  They are hoping that you won’t realize that your healing will take far more than the offer they are throwing out there.

That’s why you need Herbert Law Group on your side.  We have seen these situations before, and we know what your wreck is worth.

Let’s talk about it and see how we can help.  Call us at 214-414-3808, or fill out the contact form on our site and we’ll be in touch shortly to have a free initial consultation.

What Makes an Injury “Catastrophic”?

Every fifteen seconds someone is injured in a car accident.

Every thirteen and a half minutes someone is killed in a car accident.

Those statistics seem pretty daunting, but keep in mind that if you don’t drive under the influence, mind the speed limit, and use your seatbelt, your risks go way down.

But there are always those factors outside of your control.  Even though there are many crashes that don’t result in injury, there are a number that result in what is known as catastrophic injury.  It’s a term that many of us don’t fully understand, so let’s hear what the Car Crash Captain has to say about catastrophic injuries.

What Defines Catastrophic Injuries?

There’s a rather simple definition for catastrophic injuries.  But as we know, simple can be cause for open interpretation.  When it comes down to it, you need a car wreck lawyer to help you navigate the waters so insurance companies don’t downplay the serious nature of these injuries.

A catastrophic injury is any injury that causes permanent disability, or disrupts a major bodily function.

As you can see that definition leaves things open to interpretation.  A broken toe can cause you to walk with a limp, but it likely doesn’t meet the criteria for a catastrophic injury.

Examples of Catastrophic Injuries

To clear things up a bit, let’s go through a handful of examples of what could happen after a car wreck.  These examples are generally considered to be catastrophic injuries, and cause a diminished quality of life for those who sustain them.

• Loss of one or more senses
• Limb amputation
• Severe burns
• Organ damage
• Traumatic Brain Injuries (TBI)
• Spinal cord injuries

With any of these injuries it’s easy to see that the victim will have to dramatically change how he or she lives after the wreck.

What to do if You, or a Loved One, Sustain such an Injury

Immediately following any wreck that involves injury, seek medical attention.

If your loved one has sustained a catastrophic injury, they won’t want to refuse medical attention.  There will likely be surgeries, hospital stays, medical treatments, and specialty medical devices necessary.  While your loved one is undergoing treatment, your next step is to contact a personal injury lawyer.

Insurance companies will pay for the property damage, and likely they will pay for the bulk of the medical treatment.

But there’s going to be a lot more financial stress following an accident like this.  Your loved one might not ever work again.  Your home might need to be modified to accommodate diminished movement abilities, there will be ongoing treatment and therapy, and you may end up suffering emotionally as well.

It’s going to take far more than the insurance company is offering to ensure that you and your loved one can live a life of some normalcy.

Herbert Law Group is on Your Side After a Wreck

Personal injury lawyers are on your side after a wreck.  The goal is to make sure that you get the treatment you need, without the financial worry that comes with it.

Don’t try to take it all on yourself.  Let the experts at Herbert Law Group handle the insurance and legal aspects while you handle the intensive healing that comes after a major injury.

Call us at 214-414-3808, or fill out the contact form on our site, and we’ll be in touch for your free initial consultation.

What Complications can Arise after a Wreck?

After being injured in a car wreck, many people believe that they can receive treatment, heal from their injuries, and then get right back to life as they knew it before the accident.

Sure, there are some who have permanent disabilities, like being paralyzed or losing a limb, but those are the outliers, right?  Most people heal and move on?  Not exactly; a study published in 2004 found over 1.2 million adults were living with a disability due to crash related injuries.

What sort of long-term complications might be expected from a car wreck?  What should we be aware of if tragedy hits?  Herbert Law Group, Dallas area personal injury lawyers, breaks it down for you.

Head Injuries are some of the Most Common

15% of fatal car crashes are due to traumatic brain injuries (TBI).  But TBI isn’t the only head injury that can cause long-term complications or even death.  The head is a delicate vessel; when you are in a car wreck, the brain can be damaged easily.

• Concussions: Hitting your head hard causes the brain to move.  When it “bounces” around inside the skull it can cause severe headaches and concussions.
• Fractures: When hit hard enough your skull can crack.
• Coup Injuries: A coup injury is one where there is any damage to the brain at the point of impact (a concussion is a type of coup injury).
• Diffuse Axonal Injuries: Severe trauma causes connecting fibers to tear; these injuries often lead to coma.

Hitting your head, even if it doesn’t seem like a big impact, is a serious injury.  These can take a long time to heal, and in many cases your body may never fully recover.

Spinal and Joint Injuries Cause Lasting Pain

One of the most common injuries in a car accident is whiplash.  When your head jerks back and forth suddenly, it can pull, strain, or even tear ligaments in the neck.

This type of spinal injury can be intensely painful, and the only recovery is to wait and allow the body to heal.

But it can be even worse.  Severe car accidents can lead to broken bones, including spinal fractures, some may cause paralysis.

Long-term complications can include being confined to a wheelchair, intense physical therapy, and re-learning to walk over time.

Dismemberment or Loss of Limb Injuries

How would your life change if you had to live without a limb?

Severe car accidents can cause dismemberment.  Anything from losing a finger, to an arm or a leg, will drastically change your life.  Long-term complications can go far beyond just learning how to live life without that limb; but also include complicated follow-up medical procedures.

And no matter how complicated the physical injury, there are always mental effects that can linger.

Lasting Psychological Effects Can’t be Ignored

Often we don’t associate physical injuries with psychological injuries.  But when you go through a traumatic experience, one that results in injury or death, there will be impacts on your mental health.

Therapy and counseling to deal with the PTSD that comes with a massive car wreck are not uncommon.  These effects can last months and even years, causing you to suffer a diminished quality of life.

Many people try to “suck it up” and ignore these problems.  But if you are the victim of a car wreck, you shouldn’t have to “suck it up.”  You deserve healing.

Come to Herbert Law Group after Your Wreck

After a wreck, the insurance company will try to make a settlement offer as quickly as possible.  Their goal is to pay you off before you understand the long-term complications that could come with your injuries.

Herbert Law Group has been through this with a lot of clients.  We know what to expect, and how the complications can continue to pop up later in life.  Complications that you shouldn’t have to worry about let alone worry about how to pay for them!

That’s why we want to talk to you after your car accident.  We want to help you receive compensation that fully covers your injuries.

Give us a call at 214-414-3808, or fill out the contact form on our site, and we’ll be in touch for your free conversation.

When Sudden Braking Causes a Wreck

One of the classic demonstrations of road rage is the brake check.  You know the one, when a vehicle quickly brakes in front of another for no reason other than to cause frustration.

If you run into the back of someone, after they have brake checked you, who is at fault?

Unfortunately, without the proper evidence, fault isn’t as easy as it may sound.  Listen in as your Texas car accident lawyer explains what you need to know.

When Brake Checking isn’t Malicious

A brake check, by definition, is malicious.  If you were brake checked and it wasn’t malicious, then it’s what is called sudden braking.

These sudden brakes can happen for a number of reasons, which generally include:

• Animals running onto the roadway
• Vehicles pulling into the roadway
• Other obstacles seen at the last minute

If a vehicle brakes suddenly in front of you, so they can avoid a wreck, and you rear-end them.  You may likely be found at fault for failing to maintain a safe distance.

Why Someone May Brake Check You

If you were brake checked it’s probably the result of road rage.  You may have inadvertently (or perhaps intentionally) cut someone off in traffic.  They want revenge and are bent on making you suffer.  There are three primary reasons for brake checking.

1 – Insurance Fraud – There are some people out there that insist on making money through fraud.  By braking suddenly in front of you, they hope you rear-end them and they can file a claim where they profit.

2 – Road Rage – As mentioned earlier, you may be brake checked simply because someone is an angry driver.  You may not have even caused their anger, but you become the victim.

3 – Reckless Driving – Some drivers, are trying to have a bit of fun by riling up other drivers.  By brake checking they get a kick out of watching another driver panic.

Regardless of the reasons, the results are often the same: a situation that can end up deadly for other drivers on the road.

Determining Fault when Brake Checked

Without very solid evidence, it’s hard to determine fault in a brake check accident.

Did the other driver brake suddenly because there was an obstacle in the road, or because they were irritated with you and wanted revenge?  How will you prove that there was nothing in front of them?

This is one of the many reasons we recommend all drivers have a dash cam in their vehicle.  With solid video evidence, it’s much easier to disprove the lies of another motorist.

Without that video evidence, all is not lost.  You can still prove that you are the victim with witness statements, and sometimes the credibility of your word versus their word (do you have a history of poor driving habits?  Do they have a history of poor driving habits?  Are there other indicators that they might not be telling the truth?).

Get in Touch with Herbert Law Group Today

Because of the difficulty proving that you were the victim, and not the other driver, that is why you need a car accident attorney in Dallas after you have been brake checked.

Our lawyers know what to look for, how to spot the fraud, and how to argue that they were raging or manipulating you into a wreck.

Give us a call at 214-414-3808, or fill out the contact form on our website, and let’s get started with a simple conversation.  Let’s see if Herbert Law Group is a good fit, and let you pursue the justice that you deserve.

The Best Child Safety is Prevention; but Often that’s not Possible

Nobody is out there trying to get into a car wreck.  That’s especially true with parents who are transporting their children.

Our goal is to arrive safely, without any issues.  Because we care about our kids and their safety, we have a number of devices and best practices to ensure if an accident does happen the likelihood of them being injured is kept to a minimum.

Sometimes, however, life gets in the way and we forget how to ensure their safety.  So we’ve put together a refresher on how to keep children safe in a car accident.

Use the Proper Equipment for the Child

Safety equipment (that is car seats and booster seats) are designed to ensure a safe ride for young bodies.  This equipment doesn’t do as much good if it’s not the right one for the kid, or if it’s not used properly.

Car Seats – From infants to toddlers, a rear-facing car seat will provide maximum protection.  These seats cradle the child, and since most accidents are from the front, they provide the most support.

Booster Seats – Child safety doesn’t stop as they get bigger. As a child grows, they can’t sit in a rear facing seat anymore.  That car seat can be used facing forward, until they exceed the weight limit.  A booster seat will help lift the child up, so that a shoulder belt crosses in the right spot.

Old or Damaged Seats – Did you know that car seats have an expiration date?  All seats come with a sticker that show when they were manufactured.  If it was more than 7 years ago, it’s likely too old.  Along those same lines, any car seat that has gone through an accident already may have hidden damage and no longer be safe.

Your local fire department is trained on how to install a car seat.  If you’re struggling to get the seat into your vehicle just right, swing on by and ask if there is someone who can lend a hand.

Use the Proper Driving Technique for Safety

We could all benefit by driving safely no matter if there are kids in the back seat or not.  But when you’re hauling your precious cargo, it’s time to pay extra attention.

Keep an Eye on Them – As kids age, they get curious.  That curiosity can mean they’re intent on unbuckling themselves, opening windows, and opening doors.  Use the window lock and the child safety lock for the latter two; pull over if they come unbuckled.

Focus on the Road – Kids are distracting.  Just like using your phone while you drive, reading a book while you drive, or doing your makeup while you drive, distractions lead to accidents.  When you’re too distracted by the kids, pull over and get things under control before continuing.

Driving safely isn’t difficult.  Follow the laws of the road, and be extra diligent to pay attention to everything going on around you.

Use the Proper Checklist so Steps aren’t Missed

Parenting can be tiring.  And a tired parent can forget about their kids in the car.  Unfortunately it happens way too often.  A mental checklist whenever you get into the car, or exit the car ensures you don’t miss a step in your child’s safety.

A – Ask yourself if you’re alert enough to drive.

B – Buckle your child or ensure he or she has buckled up.

C – Check their seat belts, your seat belts, and the vehicle.

D – Distractions = eliminated.

E – Ensure you’re driving safely.

F – Follow the laws of the road.

G – Glance into the back seat.

Even if you’re driving without the kids in the car, check the backseat every time.  There are times when we get so into the zone, we forget what we’re doing.  Every time you enter or exit the vehicle, give a quick glance into the back seat to make sure you didn’t forget a kid!

Call Herbert Law Group if Your Child is Injured

Accidents happen.  If you’re being safe, driving with care, and making sure that your kids are safe, they can still happen when another inattentive motorist hits you.

Hopefully the accident will only cause property damage and no injuries.

But that’s not often the case.  If you, or your child, get injured in a car wreck, you need a car wreck lawyer to make sure everything is handled properly.  And that’s exactly what Herbert Law Group provides.

Give us a call at 214-414-3808, or fill out the contact form on our site, and we’ll be in touch.  Let’s find out what happened, and see how we can help.

9 Tips to Reduce Your Fuel Costs while Staying Safe

Gas in the DFW area is heading toward $5/gallon.  And it doesn’t look like it’s slowing down soon.

If you’re budget minded, then it’s time to take some action to reduce your fuel costs.  Fortunately, these aren’t drastic changes (we’re not going to suggest you ride a bike for your 20+ mile commute… unless you really want to, in which case you’re awesome!).  Instead, these are practical methods anyone can quickly and easily employ.

Change the Way you Drive

We all have some bad driving habits.  Sometimes they’re just annoying (like constantly tapping fingers on the steering wheel), others are dangerous (like changing lanes suddenly without signaling causing a car wreck), others cost you money (like revving the engine).  Here are three ways changing the way you drive can reduce your costs.

Carpool – There’s a good chance someone nearby is going the same direction as you are; probably more than one person.  Finding a carpool buddy reduces your gas usage by half; finding 3 reduces it to a quarter.

Take Public Transit – The DFW area has an incredibly robust bus system.  You can hop on a bus (or two) from just about anywhere in the Metroplex, and get to where you need to go.

Optimize your Route – Planning out your trip can mean saving dozens of miles every day.  Does it take a little extra work?  Sometimes, but saving a hundred gallons of gas each year is probably worth it.

Change the Way you Maintain

Vehicle maintenance not only extends the life of your car, but it can also ensure that you’re not burning through more fuel than necessary.  Check out the three ways that you can ensure your engine is running optimally.

Tire Pressure – Underinflated tires pose a risk.  Not only do you get worse gas mileage, but you risk blowing one out and causing a wreck.

Oil Changes – When was the last time you had your oil changed?  As your oil breaks down, your engine has to work harder.  A harder working engine consumes more gas.

Windows – No, it’s not about keeping them clean (although that’s important for safe driving).  It’s about keeping them up; especially on the highway.  The added drag can drastically cut down on your fuel economy.

Change the Way you Spend

Even if you’re spending less, it still hurts to see those dollars tick up and up at the pump when you do get gas.  Changing up how you spend (and where you spend) can help lessen the sting.

Use an App – There are great apps out there to help you find the cheapest gas around, and there are some that pay you cash back for using them.  Find one that’s convenient, so you can fill up at a lower cost.

Get Store Perks – Many gas stations reward their loyal customers.  Usually it’s as easy as plugging in your phone number to get a little discount per gallon.

Get Credit Card Perks – If you have a rewards based credit card, and the discipline to pay off the balance each month, you can rack up points quickly if you have to fill up often.

Herbert Law Group Helps Car Wreck Victims

Want to know what’s going to cost you far more than spending five bucks a gallon at the pump?

It’s taking a settlement from an insurance company that is looking out for their profits, and not your well-being.  A low-ball settlement might look good at first, but it likely won’t meet all of your needs.

Instead, you focus on healing from your injuries, and don’t worry about the stress of the settlement.  That’s why Herbert Law Group is here.  We’ll take on that stress, so you receive compensation after a car wreck that adequately covers your needs.

To get started, we just need to have a conversation to determine if we’re a good fit.  Give us a call at 214-414-3808, or fill out the contact form on our site and we’ll be in touch.  No obligation to become a client; let’s get to know each other first.

This is Why Your Car Wreck Results in a Total Loss

By its very nature a wreck is confusing, scary, and often causes physical injury or death.  But when you’re struggling with insurance after your wreck, and they have deemed your vehicle to be a “total loss,” what does that mean and what are you supposed to do?

As your Texas car accident lawyer, we’re here to help ensure that you’re not taken advantage of by the insurance companies.  Let’s start by understanding some of their lingo.

What is a Total Loss?

Total Loss is a term that insurance companies use when it’s determined that the cost to fix the vehicle exceeds the value of the vehicle itself.

For example, you have a car worth $10,000 and you’re hit by another motorist.  The body shop looks things over and determines that it would cost $10,001 (or more) to restore your vehicle.  Because it’s cheaper to replace it; the insurance company says it’s a total loss and cuts you a check for what they determine to be the replacement value.

There’s one big glaring problem here though.  A total loss, in the insurance’s eyes, is anything over 70% of the value of the vehicle.  So if your vehicle is worth $10,000 but will cost $7,000 to fix, it’s still a total loss.

What can You do about a Total Loss Car Wreck?

Let’s suppose you’re right there on the border.  And the insurance company has declared you to be at that 70% threshold, so they’re claiming the vehicle is totaled.

Now what?

You have a couple of options here.  You might still be able to have your vehicle fixed.

First Option: Have the value of the vehicle re-assessed.  Often insurance doesn’t account for everything on your rig.  So if you’ve updated wheels, added off-road lights, tinted the windows, or anything that increases the value of the vehicle, you can have it reassessed so that the repairs don’t go over that 70% mark.

Second Option:  Get a second opinion on repairs.  You can take your rig to any body shop that you want.  If another shop determines the repairs would cost less, you can show that repairs are below 70% of the assessed value.

Third Option:  When a car is totaled the insurance company buys it from you.  You can accept a lower offer for your vehicle, and maintain possession.  This usually isn’t a good deal; the offer usually drops by half, or more, and isn’t worth keeping a crumpled up vehicle.

When does an Attorney help with Your Car Wreck?

Generally speaking, if your wreck didn’t result in injuries, an attorney isn’t going to be able to help very much.  It comes down to the value of your property.

Property, like your vehicle, has a pretty hard and fast amount attached to it.  Even if we argue that the vehicle is worth more than it is on paper (due to sentimental attachment, value as a daily driver, and more), it’s not going to increase the amount you receive by enough to justify the time and effort put into your claim.

Your well-being is worth far more than a vehicle ever will be worth.  If you’re injured, the insurance company knows they can minimize the impact on your life, and throw out a settlement offer that’s not going to fully compensate you for loss.  But if you accept it, they wipe their hands and don’t owe you anything else.

Your car wreck attorney is going to show that you’ve suffered a major loss.  And the insurance company not only needs to pay for the property damage, but pain and suffering that you’re going through.

How to Work with Herbert Law Group

Herbert Law Group knows how to talk with insurance companies.  Your car accident lawyers can persuade and show that you’re suffering and you deserve to have the financial stress removed from your life.

Let’s get started.  Give us a call at 214-414-3808, or fill out the contact form on our site.  We’ll get to know you, find out the details of your accident, and then just let us handle the rest.

Mental Health can Take a Hit after an Accident

We know the issues that can come up after an accident.  There is a high risk of TBI, or traumatic brain injury.  Broken bones, back problems, lacerations, and more are often results of major car wrecks.  These physical impairments are often easy to see (some hidden injuries do exist).

Some of the most ignored, overlooked, and neglected injuries, however, happen to our mind.  Our mental health can take a serious hit when we’ve experienced trauma.  In order to heal completely, we have to make sure to heal the mind as well as the body.

Mental Health Problems after a Car Wreck

After most accidents, you will experience some form of shock.  Don’t worry, it’s your body’s natural response to trauma.  In the event that medical personnel don’t arrive for some time, that shock will keep you calm until they do.

Shock, however, doesn’t always fade away quickly.  It can last for days, and sometimes even weeks.  Prolonged shock needs to be addressed.

In addition, that traumatic experience can come back in the form of post-traumatic stress disorder (PTSD).  Usually ascribed to soldiers after being in battle, PTSD isn’t limited to just war-time.  Long after your wreck, flashbacks or nightmares may be triggered by seemingly benign factors.

Other psychological issues can arise after a car accident too.  Anxiety and depression may set in.

Anxiety shows up when it comes time to drive again.  Despite the majority of our time on the road going smoothly and without incident, you may become anxious behind the wheel.  In a state of constant worry that another wreck will happen.

Depression can be a result of being unable to come to terms with these mental health issues.  Hopelessness around the situation and being able to heal can compound and continue to make things worse instead of letting you get better.

How to Heal from Mental Health Problems

There’s no one solution for everybody.  One person may not have any problems after the wreck, while another might suffer for weeks, months, or even years.

No matter what the length of the mental health issues happens to be, the way to heal is the same.

There are counselors, therapists, and psychologists that specialize in helping people after major car accidents.  If you’re in need of mental healthcare after your wreck, it’s important to reach out to them right away so that you can get rid of some of that stress in your life.

How Herbert Law Group Helps you Heal

Healing from psychological wounds takes a lot of focus and time.  When you’re struggling with insurance companies that are trying to minimize your claim, you lose focus and run out of time.

That’s what Herbert Law Group is here for.  We take that battle off your plate, so that you have one goal: to come to terms with what happened, and be able to get on with your life as normally as possible.

If you’re struggling after a wreck, let us help you get on the path to healing.

Fill out the contact form on our site, or give us a call at 214-414-3808.

If you need assistance immediately, the National Suicide Prevention Lifeline is open 24/7 to help you through hard times.  You can call them at 1-800-273-8255.