The dangers of distracted driving have been known since the dawn of the automobile. No matter how coordinated you think you are, there’s no excuse for messing with your phone or tablet while you’re behind the wheel.

Don’t believe us?

No need to trust our opinion—trust the data instead.

Decades’ worth of scientific research on multitasking while driving points to the fact that driving is best done when your attention is undivided.

If you’re distracted, you’re always going to be worse off for it.

The effects of multitasking while driving include:

• slow reaction times
• increased stress levels
• impaired memory formation and retention

There’s no denying it: multitasking makes you a worse driver.

In this article, we’ll take a deep dive into the effects of multitasking while driving, the research behind it, and how you can do your part to combat distracted driving and make our roads a little bit safer.

Distracted Driving 101

We’re often asked, “what does multitasking while driving mean?”

The answer is straightforward: multitasking while driving is any time you’re operating a motor vehicle while performing a secondary task unrelated to the act of driving.

Well, maybe it’s a bit more complicated than that. Distracted driving doesn’t necessarily involve every single secondary action unrelated to driving.

For instance, driving while chewing gum or talking to your passenger is usually not considered grounds for distracted driving. However, getting into a loud verbal argument with several passengers in the vehicle can be considered distracted driving.

In other words, there is some degree of subjectivity when it comes to determining what is or isn’t multitasking while driving. As a rule, however, if you ever doubt whether your driving is considered “distracted,” you can assume that it probably is. If you have to ask, there’s your answer.

Examples of Multitasking While Driving

There are all-too-many examples of multitasking while driving. If you’re still wondering, “what does multitasking while driving means,” then note the examples listed below.

If you drive while also performing any of these secondary tasks while behind the wheel, you should immediately recognize that your behavior is distracted driving:

• Eating meals
• Texting on your phone or tablet
• Playing a handheld video game
• Talking on the phone without a hands-free device
• Applying makeup or styling your hair in the mirror
• Zoning out and daydreaming

Distracted Driving in Texas

In Texas, distracted driving has an explicit definition codified in law.

We’re frequently asked, “how does Texas define multitasking while driving?”

The State of Texas considers any driving featuring an activity that “takes your attention away from driving” to be distracted driving.

Therefore, eating, texting, shaving, or tinkering with a navigation system to be distracted driving.

Sadly, many of Texas’s 500,000 annual auto accidents occur as a result of distracted driving. Although some distracted driving activities are more conspicuous and enforceable than others (e.g., talking on the phone), to be on the safe side, you should always eliminate secondary tasks while driving and keep your eyes on the road.

The Texas Department of Transportation has issued a statement advising drivers always to err on the side of caution. As the Department states, it’s still a good idea to “drive and use your cell phone later” rather than do both at the same time.

How Dangerous is Distracted Driving?

Distracted driving is extremely dangerous.

A 2010 study by the National Safety Council found that drivers who were using their phones (i.e., texting or driving), were responsible for 21 percent of all auto collisions or accidents in the United States.

As smartphones have become more common since then, we can only assume that even more auto accidents are caused by cell phone usage while driving.

An earlier study by National Public Radio found that teenager drivers who were distracted had significantly impaired cognitive capacities. In other words, distracted teens have a fraction of their mind at their disposal when they were using their phones while driving.

Whenever we perform a task as important as driving a vehicle, wouldn’t you agree that it’s important we use our minds to the fullest extent possible?

It’s a common misconception that distracted drivers are better than drunk drivers. Distracted drivers, however, are hardly different from drivers with high blood alcohol content (BAC). The University of Utah found that the overall reaction times of drivers on their cellphones were actually slower than drivers with a .08 BAC, which is above the legal limit in all US jurisdictions.

It’s a scientific fact that driving while distracted is dangerous—and not just a little risky, it’s just as dangerous as drunk driving.

The Roots of Driver Inattention

It should come as no surprise that driver inattention kills. Only driving while under the influence of drugs or alcohol comes close to causing as many car accidents as texting and driving. It’s no wonder, then, why rookie drivers often refuse to listen to music on the radio or hold conversations while learning how to drive a car.

If you can remember your first time driving a vehicle, it was probably with a parent in an empty parking lot, open field, or a backcountry road. You didn’t have music blaring, your phone on the dashboard, or have any commotion going on in the car.

There’s a good reason behind that: it’s difficult to learn or be responsive while dividing your attention between multiple stimuli.

Experts classify inattention as one of four leading causes of serious car crashes, alongside speeding, fatigue, and drunk driving.

However, inattentive driving is often considered to be less risky than those other factors, which causes more drivers to drive while distracted because they think it is socially acceptable.

To reduce distracted driving incidents, we must stigmatize the act of driving while multitasking. One of the main drivers behind distracted driving is that it is somewhat normalized behavior. By recognizing that distracted driving is against the law and can cost someone their life, we can collectively reduce the number of distracted driving-related accidents.

Distracted Driving Statistics: What You Need to Know

Cell phone use while driving is a pandemic issue that’s only getting worse.

To illustrate the extent of the problem, we’ve listed multitasking while driving statistics below.

For your convenience, we’ve grouped each statistical category into various sections.

Cell Phone Distracted Driving Statistics

• 94 percent of drivers support banning cellphone use while driving
• 74 percent of drivers support banning text messaging while driving
• Almost 400,000 injuries are caused by texting while driving in the United States
• Cell phone use while driving causes up to 1.6 million vehicle collisions per year
• Answering a text while driving requires at least five seconds of your attention, which is enough time to travel the length of a soccer field at 50mph
• Some studies suggest that texting while driving results in 6x the likelihood of being in a car accident than drunk driving

US Distracted Driving in 2017: A Retrospective

Although it’s been a few years, the most recent and reliable nationwide distracted driving data was released in 2018 for the previous year. Find the aggregate data for distracted driving in the US below.

• Distracted driving killed 3,170 in 2017
• There were over 34,000 distracted driving incidents on record in 2017
• Over 15,000 drivers between the ages of 15 and 29 were involved in fatal car accidents due to cell phone use while driving
• Young parents were over 10 percent more likely to be involved in a distracted driving incident than adults without children in 2017

Teen Distracted Driving Statistics

• Over 90 percent of teenage drivers in the US recognize that distracted driving is a serious issue, yet over one-third regularly drive while distracted
• Teen drivers with passengers are twice as likely to be killed in a distracted driving incident
• The likelihood of a teenage driver being involved in a car accident rises four-fold when they are talking on the phone
• Over one-fifth of all teen drivers involved in fatal car accidents were multitasking while driving at the time of the incident

Distracted Driving in Texas

There’s no denying that distracted driving is a grave concern in the State of Texas, as well as the rest of the United States.

However, the data suggests that Texas is one of the worst states for distracted driving.

In 2018, there were over 95,000 car accidents in Texas. Of these incidents, over 4,300 were caused by cell phones and other electronic devices, over 84,000 were caused by inattention such as daydreaming, and the remaining 6,400 were caused by other distractions in the vehicle.

It’s safe to assume, then, that distracted driving is a major problem in the State of Texas.

Tragically, texting while driving caused over 2,300 serious injuries in Texas alone. In addition to these injuries, nearly 400 fatalities in Texas were caused by accidents related to distracted driving.

Experts suggest that nearly one-fifth of all auto accidents in Texas are caused by distracted drivers who cannot fully pay attention to road conditions.

The 2017 Texas Distracted Driving Law

In the State of Texas, it is now illegal to drive a vehicle while texting.

According to the new law, which was passed in September 2017, drivers over the age of 18 are now outright banned from using electronic devices to “read, write, or send an electronic message” as the vehicle is moving.

Drivers are only permitted to use their phones for texting or messaging when the vehicle is stopped or if the driver has a reasonable belief that they are in an emergency.

However, there is ambiguity as to how the courts will interpret the term “emergency” and how they will identify the factors that constitute an emergency situation.

Interestingly, there are no codified exceptions for minors who are driving a vehicle that has stopped.

In other words, underage drivers cannot use their cellphones to talk or text, even when their vehicle is no longer moving.

However, the emergency exception still applies to minors.

What Can You Be Fined For Texting and Driving in Texas?

Under the new law, the fines and penalties for texting and driving vary according to one’s criminal record and their driving history.

First-time offenders can expect to pay for a misdemeanor offense punishable with a fine of up to $100.

Repeat offenders are reliable to receive a fine of up to $200.

If a driver causes an accident when texting and driving, they may be liable for paying damages to the victims.

Accidents that cause serious injury or death can result in a Class A misdemeanor punishable by one year of jail time and a $4,000 fine.

Using Hands-Free Devices

Most late-model vehicles come with hands-free smartphone capabilities built into the infotainment console. These devices are designed to eliminate the driver’s need to operate their smartphone manually while driving. To prevent multitasking while driving, hands-free devices should be used at all times behind the wheel.

There are a host of features that hands-free smartphone devices can offer drivers.

For example, most devices include push-to-talk functionality, voice-operated AI assistants, speakerphones, and intelligent text-to-speech translators. In other words, they allow the driver to use their smartphone to easily send and receive messages without having to physically touch the device.

Multitasking While Driving: Not Worth The Risk

Tens of thousands of lives are claimed every year due to multitasking while driving.

Unfortunately, far too often we are asked “what does multitasking while driving mean?” and “how does Texas define multitasking while driving?”

These questions prove that too few of us understand distracted driving and recognize the seriousness of the offense.

It is a myth that you can drive safely while multitasking.

Instead, the scientific evidence is clear that drivers should be solely focused on the road if they want to maintain a safe reaction time. Therefore, it’s important that we all do our part to eliminate the dangers of distracted driving by keeping our phones, food, and fiery arguments far from the driver’s seat.

Were you in a Car Accident due to a Distracted Driver?

If so, the Fort Worth car accident lawyers at Hutchison & Stoy can help with your case. We will help answer any questions you have, talk to the insurance companies, and make sure you get the proper treatment and compensation.

Hutchison & Stoy also has a law office in Lubbock if you are located closer to that location.

Our team of attorneys and staff and here to help. Give us a call or submit the contact form to get any of your questions answered today.

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Accidents happen. It’s just a part of being alive. But an auto accident or truck wreck doesn’t have to spell disaster for you, your family, and your finances. A hardworking and knowledgeable attorney can make all the difference.

We’re excited to announce that Hutchison & Stoy has opened a new law office in Lubbock, Texas!

Though we can’t always predict or prevent terrible things from happening, it’s more than possible to face every challenge with confidence.

A consultation with one of our Lubbock attorneys can help you get your life back on track!

Personal Injury Lawyer in Lubbock

Have you recently been involved in an auto accident?

Whether you were behind the wheel of a sedan, truck, or motorcycle, you deserve the best personal injury care and protection. Though you may be feeling overwhelmed, pained, or confused, it’s important to seek legal counsel as soon as possible.

Hutchison & Stoy personal injury lawyers in Lubbock can help you with your case, no matter the cause. They assist clients who are currently dealing with:

• Automobile accidents
• Slips and falls
• Medical malpractice
• Defamation of character
• Canine attacks and bites
• Assault and/or battery

Our attorneys have a wealth of education and experience that can save you precious time, energy, and money.

Have you been in a motorcycle accident?

Are you searching for a motorcycle accident attorney?

We can help.

Had a recent slip and fall? Our lawyers are ready to assist you with your case.

Not only can our attorneys advise you on the proper course of action, but we may also be able to secure a satisfactory settlement. These services are vital to your path to physical, mental, and financial recovery after a personal injury.

Lubbock Harassment and Employment Attorneys

It’s difficult to discuss workplace harassment. Not only does it bring up feelings of shame, disloyalty, or anger, it can be a tricky situation to manage.

The harassment lawyers at Hutchison & Stoy are eager to help you. No person should have to suffer from unfair and unfit treatment, especially from an employer. Though you may feel nervous or afraid to seek action against your employer, it’s crucial to speak out and seek help.

Sexual and other types of harassment can cause serious mental harm. If left unaddressed, your employer will likely continue their actions unabated.

A highly experienced Lubbock employment attorney can assist you in suing your employer or taking up legal action against them in cases of harassment.

If your employer is urging you to do unsafe or illegal tasks, please contact an attorney right away. It is your right to say no to your employer, and any pressure from them to do otherwise can be dealt with in a court of law.

Whistleblowing legislation is not clear-cut, which leads many to simply keep quiet about harassment or illegal activity within the workplace. The best course of action is to contact an educated and experienced attorney before proceeding.

You are sure to have a far better outcome than attempting to go it alone.

Civil Rights Attorney in Lubbock

People may say and do things that cause us pain and suffering, and this extends to violations of our civil rights.

Knowing your civil rights is the first step to defending them. All Americans have the right to free speech, as protected by the First Amendment. If you feel your First Amendment rights have been violated or infringed in any way, it’s important that you contact an attorney immediately.

There are some key exceptions to our right to free speech. Types of dialogue that are not protected by the First Amendment include child pornography, obscene language, and threats of violence.

However, if your speech does not fall under these three categories, and you feel that you are being silenced, a civil rights attorney may be the way to go.

The civil rights attorneys in Lubbock, Texas, can help you fight for your rights. They handle many different types of civil rights cases.

In addition to protecting your right to free speech, they also handle cases involving:

• Discrimination and hate crimes
• Abuse while jailed or imprisoned
• Wrongful arrests, convictions, and police misconduct
• Racial profiling

As an American citizen, you have the right to receive equal treatment. Your ethnicity, income, and educational background are factors that should influence your ability to vote, speak, and live freely.

If you feel that you, a family member, or friend has suffered a civil rights injustice, do not hesitate to call the Hutchison & Stoy office.

The sooner you act, the greater chance you have of successfully taking your case to court.

The statute of limitations, which is the amount of time allowed to pass before a crime cannot be taken to court, varies from state to state. Be aware of these limitations and remember that time is of the essence when filing a claim or seeking legal counsel.

The attorneys in Lubbock want nothing more than to see win back your confidence, peace, and security. However, if you wait too long, they may be unable to help you with your case.

Attorneys in the Lubbock Area

Are you searching for an attorney in Lubbock, Texas area? The new Hutchison & Stoy office is only a short drive or walk away!

Though their main office is in Fort Worth, Hutchison & Stoy are proud to be offering their services to the Lubbock community. Our office is centrally located and easy to find.

If you wish to visit our office, you can drive on over to 1312 Texas Ave, or simply give them a call at (806) 491-4911.

When life gets tough, you need an equally tough legal team supporting you through it. The attorneys Hutchison & Stoy are here to be that fighting force on your behalf.

Contact us today or fill out the free case evaluation form.

The post Hutchison & Stoy Opens New Office in Lubbock, Texas appeared first on Hutchison & Stoy.

In October of 2018, Susan Hutchison and Chris Stoy of Hutchison & Stoy, PLLC tried a case in Tarrant County against a Dallas based insurance defense law firm.

Ms. Hutchison and Mr. Stoy obtained a verdict for $1.13 million for their client after a long, hard-fought, two-and-a-half-year battle.

The Incident Giving Rise to the Lawsuit

On January 21, 2016, Hutchison & Stoy’s client, Phil was working at his place of employment, CFW in Gainesville, Texas.  At the time of the incident, Phil was the shipping supervisor for CFW.  On the day in question, a truck owned by KLD and driven by Tevita H., arrived at CFW to pick up church chairs that were to be delivered to customers.

When Tevita arrived at CFW, he immediately noticed something wrong with the cargo door of the 20-foot box truck.  Instead of stopping operations, Tevita asked Phil to see if he could determine what was wrong with the door.  When Phil stepped into the box area of the truck, the overhead door fell on him causing significant injuries.

Through diligent discovery, Phil’s lawyers found out that KLD had no policies and procedures in place to discover defects with their equipment.  The lawyers also discovered that prior to the date of the incident, the same truck came out to CFW with the same defective door; and that KLD knew or should have known of the defect.  In addition, Mr. Stoy was able to prove that KLD failed to timely produce documents that tended to prove all of KLD’s shortcomings (i.e., that it may have attempted to hide evidence).

The Injuries and Treatment

As a result of the accident, Phil suffered injuries to his lower back, left shoulder, and neck.  In addition, and most significantly, Phil suffered a mild traumatic brain injury.  For the back and neck injury, Phil underwent physical therapy and eventually a transcutaneous discal resection of the L5-S1 vertebrae.  However, the symptoms of the mild traumatic brain injury were probably the most devastating.

For at least three months post-accident, Phil experienced debilitating anxiety and paranoia caused by the mild traumatic brain injury.  For days on end, Phil would lock himself in his room or garage and refused to interact with his wife and son.  In addition, according to a neuropsychologist who tested Phil, Phil sustained permanent impairment in his cognitive functioning and chronic depression and anxiety.  In layman’s terms, the neuropsychologist said that someone that did not know Phil, would perceive him as normal, but people that knew him pre and post-accident would consider Phil a “different person.”

Phil also missed almost three months of work.  Thankfully, CFW was a compassionate employer who helped him through this troubling time, allowed him to remain as an employee.

Discovering the Story

As personal injury trial lawyers, it was Chris and Susan’s job to “discover” Phil’s story so that they could tell it to the jury at trial.  This proved more difficult than usual because of Phil’s mental condition.  Phil tended to be closed off and could not recall many things with particularity.

Chris and Susan employed techniques founded in psychodrama that they learned at the Trial Lawyer’s College in Dubois, Wyoming.  These techniques, such as reenactments, listening exercises, role reversals, and chair backs, allowed the lawyers to discover the harms and losses Phil suffered.  It was telling the stories of these specific harms and losses that allowed the jury to relate to Phil’s injuries.

The Defense’s Arguments

The defense lawyers never seemed to believe that Phil was injured. They spent over $50,000 on experts to opine that Phil’s injuries were not caused by the incident. However, at trial, during Mr. Stoy’s cross-examination, even the defendants’ paid experts admitted that Phil sustained a mild traumatic brain injury.

In addition, the defense tried to argue that Phil and his employer were the negligent parties.  Not once did they accept even a portion of the liability.

The jury didn’t buy the defense’s arguments one bit.

The Verdict

After seven days of trial, a Tarrant County jury returned a verdict of $1,134,000.00.

The verdict was distributed as follows: 90% liability on KLD, 10% liability on Tevita.

For damages, the jury divided the money as follows:

Past Physical Pain – $75,000
Future Physical Pain $25,000
Past Mental Anguish – $450,000
Future Mental Anguish – $200,000
Past impairment – $10,000
Past meds $104,000
Future meds $250,000
Future loss of earning $20,000

The Future

Phil will never be the same person he was before this incident.  And no amount of money would ever truly compensate Phil for what he went through.  But, the jury’s award validated Phil’s harms and losses.  It allowed him to move on with his life.

The lawyers at Hutchison & Stoy, PLLC are relentless trial lawyers.  The defense lawyers and insurance company in Phil’s case had ample opportunity to settle but refused to ever acknowledge their clients’ role in the incident, and most importantly, they refused to understand how much this incident affected Phil.   Many lawyers would have thrown in the towel and settled for pennies on the dollar.  But Hutchison & Stoy recognized the value of justice in Phil’s case and never backed down.

If you or a loved one have been injured by the negligence of a trucking company or some other entity or individual, contact the personal injury lawyers at Hutchison & Stoy, PLLC at (817) 820-0100 or filling out a case evaluation form.

*** Please note that some of the names in this article were shortened for purposes of anonymity

The post Hutchison & Stoy, PLLC Secures $1.13 Million Verdict Against Trucking Company for Client’s Personal Injuries appeared first on Hutchison & Stoy.

Imagine being the victim of a car accident in which you weren’t the at-fault driver. You need to seek medical treatment at the nearby hospital because the other car rear-ended your vehicle causing your head to swing forward, and you now have pain in your back and neck.

You can’t afford to think about money at a time when your health is more important.

Unfortunately, these situations often come with strings attached.

The strings come from the hospital that treated you in the form of a hospital lien seeking a claim on any money you might receive from a lawsuit settlement involving the accident.

A personal injury hospital lien in Texas is common, and the Texas hospital lien statute currently doesn’t always protect the well-being of the injured.

What Does It Mean When You Have a Hospital Lien?

If you’ve received papers from the hospital explaining that it’s placed a lien against you, you’re probably wondering, “What is a hospital lien?”

A hospital lien is a common practice after treating car crash victims who were not at fault for the accident.

The lien comes from the hospital to recover the money you owe for treating you in the emergency room or admitting you as a result of the accident. The hospital places a lien on the money you should receive from your future lawsuit or insurance monies from the accident.

Liens often happen if you’re not able to self-pay or don’t have enough insurance coverage to pay the bill, but hospitals may elect not to bill your insurance even if you have it. The hospital will likely skip the process of billing your insurance if it believes it will get a more substantial payment from placing a lien on your insurance or lawsuit settlement payment. 

How Does a Hospital Lien Work?

Once a hospital treats you after an accident and draws up your bill, it can start the process of filing a lien.

Currently, Texas law provides that the hospital can file a claim against your settlement if you’re admitted to the hospital after examining you after your accident.

“Admission,” as it relates to a hospital lien in Texas, means being treated by the hospital in almost any way. Admission applies whether you were treated in the emergency room or admitted for a stay.

When you receive your bill for treatment, you may receive the notice of a lien along with it. The notice will explain your bill and how the hospital seeks compensation via the lien.

In most cases, a hospital can file a claim only if you signed the paperwork allowing them to do so, which you’ll often need to sign before the hospital staff begins treatment. You can usually find this document in your discharge paperwork.

What is the Texas Hospital Lien Statute?

The Texas hospital lien statute is the legislation that governs how a hospital can file and use a lien against you and your claim settlement following treatment. The current Texas hospital lien laws are notorious for being relatively lax in their protections for victims of car accidents.

What the Texas Hospital Lien Law Says

Texas modified its hospital lien statute in 2019 to give a more precise explanation of admission to a hospital to include treatment in any area of the hospital rather than just admission for a stay. The law states that a lien can only attach to your property when it admits you within 72 hours after your accident, meaning that you must begin treatment at the hospital within that time for the hospital to file the lien.

In Texas, a hospital lien can attach to the money owed to you in a settlement against the at-fault driver or another accident-related settlement.

However, hospitals are not allowed to place a lien on a worker’s compensation claim or your non-public liability insurance policy claim.

If the at-fault driver of your car accident was an uninsured motorist, you could file a claim with your insurance company against that driver. Texas hospital lien uninsured motorist regulations state that the hospital doesn’t have any claim on the money you receive from that settlement.

You might be legally responsible for a second lien if the first hospital transferred you to another hospital. The second hospital is also allowed to file a claim in this case.

Can a Hospital Lien Be Invalid in Texas?

If you’ve received notice of a personal injury hospital lien in Texas, you should do some research to find out if the lien is valid. Hospitals sometimes try to skirt around the law to file a lien without having the right to do so.

Texas says that hospitals have a legal right to a lien if you:

• Were treated in or admitted to the hospital within 72 hours of your accident
• You weren’t at fault for the accident, and you file a personal injury claim

If one or more of these factors don’t apply to you, then you’re not legally responsible for the lien and should contact legal representation for guidance.

It’s also important to note that hospitals must adhere to billing guidelines to file a valid lien.

Texas statute, for example, states that the hospital’s charges can’t exceed a reasonable rate. Look over your bill and research the average fees for services you received to determine if the hospital might be overcharging you.

You might be wondering, “Can a hospital put a lien on your house?”

A hospital can put a lien on your home for some past-due medical bills, but not for a personal injury hospital lien. These liens are strictly attached to the money you receive from a lawsuit settlement relevant to your car accident.

Hospital Liens and Insurance Claims

Hospitals issue you a lien without billing your insurance because your insurance company would require the hospital to settle for less than the full amount of the bill before it pays. Hospital bills related to car accidents can be hefty, so it’s not surprising that the hospital would want to receive the full charge.

However, this is unfortunate for people who have insurance that would cover most of the bill. You can, however, fight for your right for the hospital to bill your insurance for the cost by speaking with a billing supervisor.

How Can I Get a Hospital Lien Removed?

To remove a lien from your property, you’ll need to seek the help of a personal injury lawyer who’s experienced in helping clients remove or settle their hospital liens. Your lawyer can explain to you the legalese contained in the notice and work with you to negotiate the claim with the hospital.

In some cases, we may find discrepancies with the law that make the lien invalid, therefore removing its stake on your property.

In other cases, we can work out a settlement with the hospital that’s best for you. You must have money left from your settlement to pay for the injuries and damages you incurred, and we’ll negotiate with the hospital on your behalf to make sure that happens.

What to Do When Faced with a Hospital Lien

It’s important to remain calm if you receive a hospital lien notice. After reading the notice, understanding its terms, and doing some research, there are a few things you can do to get through the process:

Negotiate with the Hospital

First, you can try to negotiate the bill yourself.

In some cases, this may be all you need to do to settle with the hospital on a lower amount or convince the hospital to bill your insurance company. If you do agree with the hospital after negotiations, make sure that you get the agreement in writing.

Pay Your Bill

You also have the option of paying your bill yourself, but this is only a good idea if you’re uninsured and the bill is an amount you’re comfortable paying.

Try to negotiate with the hospital first to come to an amount you agree to, and ask for payment plans to reduce the financial burden.

Challenge the Lien

Finally, you can challenge the lien. This is the right option for people who have found faults in the lien that could prove the claim is invalid.

If you think this is the case, it’s best to contact a car accident attorney who can walk with you through the process and negotiate on your behalf. You may even earn the right to sue the hospital if you have enough proof stacked against the lien.

Texas hospital lien statute doesn’t favor the victims of car accidents, but you may still have the right to challenge a lien that you feel the hospital has placed unfairly.

A personal injury hospital lien in Texas has the power to wipe out your full settlement, leaving you with none of the money you need to get back on your feet.

Contact Stoy Law Group

At Stoy Law Group, we can help you navigate the lien process and get you the money you deserve.

Our personal injury lawyers are well-versed in these claims, as well as Texas law and statutory limitations that can challenge the lien.

Call us at (817) 820-0100 for a free case evaluation.

The post Texas Hospital Lien in Personal Injury Settlements appeared first on Stoy Law Group, PLLC..

Whether you’re caught in a legal battle and fighting for your rights after a car accident, or for your job in an employment issue, a good relationship with your lawyer is a must.

If you find that you don’t feel as though you can trust your lawyer, worry that he or she may not have your best interests in mind, or you struggle to communicate with them, you’ll be making an already stressful situation even worse.

You may also be compromising the odds of a verdict in your favor.

When contracts are involved, or a case is already underway, it can be easy to feel as though you’re stuck and have no alternatives available to you.

Keep reading to learn what you need to know about breaking up with your personal injury lawyer before, or during a case, how to deal with voiding contracts, and finding a new attorney in the middle of a legal battle.

Odds are, the process is more viable than you may have thought initially.

Questions to Ask Yourself If You’re Not Happy with Your Personal Injury Lawyer

Before you start weighing your options as far as what it takes to fire your attorney, it’s important to make sure that you’re ready to cut ties for the right reasons.

First, you need to ask yourself whether you’re upset with your situation, rather than your lawyer.

When your case isn’t going the way that you hoped, it’s normal to feel frustrated. But oftentimes, it isn’t your attorney’s fault. The last thing you want to do is let go of a good lawyer who you’ve already built a solid rapport with just because things aren’t trending in your favor.

If your case is already occurring, it’s even more important to assess your reasons for wanting to change out your legal team. Making the change amid a trial already underway does make things increasingly more complicated, so it’s important to keep that in mind.

Defendants who have already changed lawyers at least once in the past during a case may also seem suspicious if they make another change.

Additionally, changing your personal injury lawyer during an active legal case can be expensive and difficult, and may delay your case.

That said, if you truly feel that your lawyer is hurting your case, you should go forward with replacing your attorney, regardless of the challenge.

Your legal outcome deserves precedence.

What Can I Do if My Attorney Is Not Doing His or Her Job?

If you have decided that your attorney is not doing their job, it is time to begin the process of terminating your relationship with him or her and seeking new representation.

The first thing that you need to do is to review your contract with your current lawyer. It is likely that your contract includes instructions for what you need to do if you choose to end your relationship with that attorney before your case is finished.

You will need to follow any outlined steps very closely and read the fine print.

Before you begin to take the necessary steps to terminate your current contract with your lawyer, it is a good idea to go forward with finding new representation.

There are several reasons for taking this step right away.

First, it gives you a chance to start looking for the right lawyer for your case. Failing to do so before you end your contract with your current attorney will leave you with a lapse in representation, leaving you scrambling to find the right new lawyer, which can lead to rushing your decision and choosing the wrong lawyer for your case again.

Once you handle the process once, you’re not going to want to do it again. You need to be certain you’re making the right choice and have performed due diligence.

Finding a new attorney right away will also allow you to go over your current contract and discuss your options for terminating it with their assistance so that you don’t need to do it alone.

Retainer contracts with attorneys can be complicated and difficult to decipher, especially if you have no legal background. Having another lawyer look over your contract and discuss the steps that you need to be taking can help you ensure you do not make any mistakes that could come back to hurt you later.

Can I Fire My Personal Injury Lawyer and Represent Myself?

When you have had a bad relationship with a lawyer, it can be tempting to avoid working with another one. You might find that after one subpar experience, you’re hesitant to risk it again.

But if you are in the middle of a legal case, and aren’t a legal expert, this is probably not a wise route to choose.

Not only will you want a lawyer’s help terminating your old contract, but you will also need help reviewing your case and the work your previous attorney already did.

On your own, you would have to deal with the legal side of getting rid of your attorney in the middle of your case. In a legal battle, the other side may also take advantage of your lack of legal knowledge and use it to against you.

If you are in court because you were injured in a car accident or other incident, you will also be left dealing with your own injuries and emotional turmoil while also trying to learn how to handle legal proceedings on the fly.

Sending a Letter to Fire Your Lawyer

Let’s say you’ve now found your next attorney, have set the wheels in motion, and are happy with your choice.

Congrats! You’ve taken a very important step forward.

What’s next?

If you have reviewed the steps outlined in your current contract, you already know the legal steps you will need to take.

But first, you will want to let your lawyer know that you do plan to end your contract.

The best way to do this is by sending a certified or registered letter to your attorney. This letter should only let your lawyer know to cease any work on your case.

Do not go into the specifics of why you want to break ties with them or any issues you have had with their work or with them personally. Your letter should be professional and to the point. Be formal, and don’t say any more than is necessary.

Changing Attorneys During a Case

Once you have let your current lawyer know that you will no longer be working with them and you have followed any termination steps written out in your contract, it is time to start the process of handing your case over to your new legal team.

If you have already met with your new attorney while you were in the process of terminating your previous one, they likely already have a general overview of your case. Now, they will need all of the paperwork from your old attorney.

Determine who is responsible for getting this paperwork. They may ask that you contact your previous attorney to gather this paperwork, or they may do so for you.

If you are responsible for requesting your paperwork, be sure to set a deadline for when you need to receive it. The sooner you get your paperwork, the sooner your new attorney can begin work on your case.

Otherwise, your legal proceedings may wind up delayed, which can cost you money and even hurt your case.

If you paid your attorney for his or her work in advance, you would also want to request a refund for any time that has been paid but not yet worked.

If your agreement was for a contingency case, meaning that your attorney would get paid based on the settlement you receive in court, it would be up to your new lawyer to pay your old one after your case is settled.

What Not to Do When Changing Lawyers in the Middle of a Case

Following the steps outlined in your contract to terminate your agreement with your old attorney is important. But even more important is remaining professional while you are changing lawyers, especially if you are in the middle of a court case.

It doesn’t matter what the circumstances with your previous lawyer were, or what he or she might have done to hurt your case.

Never bad mouth your previous attorney to your new one, or anyone else involved in your case. You can be honest and forthcoming with your new attorney about the previous issues that you had, concerns that you still have going forward, and mention that it wasn’t a positive experience, but keep it professional and to the point.

Avoid exaggerating or making your concerns overly personal.

Failing to do so could end up hurting your court case. It also won’t help you start building a strong relationship with your new lawyer.

Ensuring a Smooth Transition to a new Attorney

Choosing to change lawyers in the middle of a personal injury case is never an easy decision. But while doing so can put even more stress on you during your case, if you feel that you are not being properly represented or that your best interests are not at the forefront of your current attorney’s mind, you have no choice but to make a change.

If you do decide to change representation during a legal case, make sure that your new personal injury attorney is the right choice for you.

The last thing you want to do is make the same mistake twice and end up stuck in a similar situation.

Find an experienced lawyer that you can trust to carry your case through to the end.

Contact Hutchison & Stoy

If you have any questions about your personal injury or employment case, the lawyers at Hutchison & Stoy are here to help.

Simply give us a call at 817.820.0100 or submit your information in the form on the contact page.

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