Attorney Portrait Information

How Are Wrongful Death Settlements Paid Out

| Read Time: 2 minutes

If you have lost a family member due to the negligence of another party, you may be entitled to compensation through a wrongful death claim.  A wrongful death claim is a special type of legal claim that allows you to recover damages related to the death of a loved one. There are a number of situations in which a wrongful death claim might arise. For example, you may be able to recover on a wrongful death claim due to the negligent actions of a:  Driver,  Doctor,  Business,  Caregiver, or Manufacturer.  So long as the death of your loved one was a result of the negligent party’s actions, you may have a valid legal claim.  This can be extremely helpful in allowing you to recover from the death of your loved one. But how are wrongful death settlements paid out?  This article will discuss this important question that many wrongful death claimants have. For more information on this question and wrongful death claims in general, contact the Johns Law Firm today.  Who Pays the Wrongful Death Settlement Payment? Wrongful death claims will vary from case to case. However, insurance providers are typically the party that is responsible for paying out a wrongful death settlement.  It is important to note that although insurance providers will pay out claims on behalf of their insureds, their policies will often have a policy limit. Thus, depending on the extent and severity of the damages involved in your case, you may require more compensation than the insurance policy provides.  Further, many insurers will attempt to pay out as little as possible to satisfy a claim. Accordingly, it is important to speak with an experienced attorney to discuss whether a settlement payment is fair and equitable under the circumstances.   Are Wrongful Death Settlements Taxable? According to the IRS, settlements for wrongful death claims are generally non-taxable.  A wrongful death settlement is typically comprised of “compensatory damages.” The purpose of compensatory damages is to make a person whole or replace what was lost. Examples of compensatory damages in a wrongful death case include:  Loss of the deceased’s expected earnings;  Loss of inheritance; Loss of pension plans or medical coverage;  Mental anguish or pain and suffering; and  Loss of care, protection, guidance, love, and companionship.  Thus, it is important to look at the purpose of the damages. If the damages are meant to compensate the wrongful death claimant, it is likely that the damages are non-taxable. However, if the purpose of the damages is to punish the opposing party (punitive damages), the settlement may be taxable.  How Long Does It Take to Settle Wrongful Death Claims? Unfortunately, there is no easy answer to this question. Again, because each case is different, the length of time it will take to settle will depend on the specific circumstances of your case.  Some cases take only weeks or months to resolve. However, if your case involves complicated facts or a high amount of claimed damages, it may take much longer to reach a resolution.  Contact Our Team Today If you have questions about your potential wrongful death settlement, consider contacting an attorney today. An experienced wrongful death attorney can help you assess your damages, negotiate a potential settlement, and determine how your claim will be paid out.  At the Johns Law Firm, we want to help. Altogether, we are licensed in five states and have over 60 years of combined experience helping our clients get the compensation they deserve. Contact us today for a free consultation to discuss your case and see what we can do for you.

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Attorney Portrait Insurance

Secrets About State Farm Car Accident Claims

| Read Time: 3 minutes

One of the leading injuries, if not the leading injury of car accident victims, is whiplash. In fact, whiplash injuries affect more than one million people in the United States every year. To make matters worse, whiplash victims must also frequently deal with insurance companies like State Farm after their accident. If you have sustained whiplash injuries in a car accident, you might have questions such as: How long does it take State Farm to settle a claim?  What is my potential State Farm settlement for whiplash?  Will State Farm help me maximize my settlement? The purpose of insurance is to help provide compensation in the event of an accident. However, there are a number of things insurers don’t want you do know. So let’s dive in and discuss the three secrets about State Farm car accident settlements that you’ll want to know to help you maximize your State Farm settlement for whiplash. Secrets of State Farm Car Accident Settlements State Farm claims that its goal is to help injured victims recover. However, State Farm’s ultimate goal is to collect the maximum amount of premiums while paying the minimum number of claims. Thus, it is important to know how State Farm operates so that you can effectively get the compensation you are entitled to recover.  Secret 1: State Farm May Attempt to Use Your Past Against You State Farm will dig into an individual’s past to find information that could justify reducing or denying a claim. For example, consider a car accident victim who is involved in a rear-end collision and sustains serious whiplash. If the victim sustained a similar injury in the past that may have contributed to their symptoms, the State Farm settlement for the whiplash injury might be reduced. State Farm will often use this tactic to reduce an injury victim’s potential recovery. Therefore, it is important to be careful with what medical records you provide to State Farm. Every request for medical records made by State Farm should be reviewed by an attorney. In fact, it is prudent to engage an attorney to assist with the entire process. Secret 2: You Do Not Have to Accept State Farm’s Offer to Settle The issues following a car accident can range from physical to emotional to economic. Financial pressures are bound to present a hardship for most injury victims. Unfortunately, State Farm is aware of these financial burdens on victims and will often use them to its advantage. However, know that you do not have to accept any offer made by State Farm, let alone their very first offer. While any amount up front may seem appealing, you very well may be entitled to even more. An attorney can help you review your offer and determine whether it is a fair representation of the compensation you will need to recover.  Secret 3: Don’t Feel Pressured to Provide State Farm with a Statement State Farm adjusters will try to pressure you to make a recorded statement. However, despite their insistence, you do not have to provide one.  Regardless of whether you are navigating a State Farm rear-end collision settlement, whiplash settlement, or any other car accident settlement, don’t feel pressured by State Farm. If the adjuster has questions about the accident or injuries sustained, there are other avenues available to them.  If you don’t feel comfortable communicating with State Farm on your own, contact an attorney to help you communicate and negotiate your claims on your behalf. Not only will this relieve some pressure from your shoulders, but it may also allow you to maximize your ultimate recovery.  Contact Our Team Today Experienced attorneys are able to recognize when State Farm uses these “tricks” to offer a lower settlement. The attorneys at Johns Law Firm have six decades of combined experience helping clients in the most difficult times of their lives. Further, we know State Farm’s secrets and will fight to help you get the compensation you need to recover. Contact our team today to discuss your case and see how we can help you with your State Farm settlement for whiplash. 

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Attorney Portrait Houston Accident News

Truck Catches on Fire After Rear-Ending an 18-Wheeler in Lufkin

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Lufkin, TX (July 14, 2020) — One person was sent to the hospital Monday night after they crashed into the back of an 18-wheeler. The accident occurred around 9:00 p.m. at the 1100 block of John Reddit Drive just north of Webber Street. According to the Lufkin Police Department, 40-year-old Ronald Ulrich was driving his truck north on John Reddit Drive when he rear-ended an 18-wheeler with an empty chicken hauler. Ulrich’s truck then caught on fire and he couldn’t escape. When officers arrived, a few bystanders helped fee the driver from the vehicle. Emergency responders rushed Ulrich to a local hospital and then transferred him to Memorial Hermann in Houston where he is recovering in the hospital’s shock trauma ICU. The driver of the 18-wheeler did not sustain any injuries. Officers are still investigating the crash. While police worked the site, they noted that there were no skid marks on the road at the site of the crash, indicating that Ulrich did not attempt to stop.  Source: KETK Contact an Experienced Houston Car Accident Attorney Unfortunately, auto accidents like this happen far too often in Houston. Police must investigate these crashes thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims.  If you sustain injuries or lose a loved one in an accident, please contact one of our Houston car accident attorneys or call us at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve. Our deepest condolences go out to the families of the victims of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Houston Accident News

Crash on US 281 Near Fort Worth Kills Two People

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Lipan, TX (July 11, 2020) — Two people were killed Friday night after a driver failed to yield to right-of-way traffic. The accident happened around 6:20 p.m. at the intersection of US 281 and Farm-to-Market Road 4 in the town of Lipan. The Texas Department of Public Safety states that 19-year-old Tyler Colvin was heading east on Farm-to-Market Road 4 in his 2016 Toyota Corolla when he didn’t yield to a 2016 GMC 3500 heading north on US 281. The pickup truck hit the Corolla on the passenger side. Colvin was pronounced dead at the scene of the accident. His passenger, 20-year-old Rebekah Wendt, was flown to a hospital in Fort Worth where she later died from her injuries. Source: Fort Worth Star-Telegram Contact an Experienced Houston Car Accident Attorney Unfortunately, auto accidents like this happen far too often in Houston. Police must investigate these crashes thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims.  If you sustain injuries or lose a loved one in an accident, please contact one of our Houston car accident attorneys or call us at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve. Our deepest condolences go out to the families of the victims of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Houston Accident News

Bicyclist Killed in Northeast Houston, Driver Arrested

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Houston, TX (July 11, 2020) — A 63-year-old woman died Saturday night after being hit by an allegedly intoxicated driver while riding her bike. The crash occurred around 7:55 p.m. on John Ralston Road.  According to the Harris County Sheriff’s Office, the man driving the car, identified as 33-year-old Maikon Tabarez, lost control of his vehicle and hit the woman before coming to a stop in a drainage ditch. The victim died at the scene of the accident. Authorities arrested Tabarez after the crash for felony intoxication manslaughter and booked him into Harris County Jail on a $40,000 bond. Tabarez has a previous criminal record including assault on a family member in 2012 and 2019 as well as aggravated assault and murder in 2013 after hitting another man with a brick. The murder case was dismissed in 2014. Source: Houston Chronicle Contact an Experienced Houston Personal Injury Attorney Today Unfortunately, bicycle accidents like this happen far too often in Houston. Police must investigate them thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims. If you sustain injuries or lose a loved one to an accident like this, please contact one of our Houston personal injury attorneys at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve.  Our deepest condolences go out to the families of the victims of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Houston Accident News

Suspected Steet Racer Dead After Hitting Tree at 100mph

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Houston, TX (July 9, 2020) — A man died in Houston Wednesday night after a street race caused him to lose control of his vehicle and hit a tree at 100 miles per hour. The crash happened around 10:30 p.m. at 10198 North Houston Rosslyn Road. According to the Houston Police Department, the victim was a man in his early 20s. Witnesses say that they saw the man’s red Honda Civic street racing another car shortly before the incident. The vehicle then veered off the road and struck a tree, splitting in half. Police say the man was ejected from the vehicle and wasn’t wearing a seatbelt. The driver of the other vehicle fled the scene. Police are still investigating the cause of the crash. So far, it is unclear why the victim lost control of his vehicle. Source: News4SA Contact an Experienced Houston Car Accident Attorney Unfortunately, auto accidents like this happen far too often in Houston. Police must investigate these crashes thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims.  If you sustain injuries or lose a loved one in an accident, please contact one of our Houston car accident attorneys or call us at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve. Our deepest condolences go out to the families of the victims of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Houston Accident News

One Person Dead After Major Crash on Eastex Freeway

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Houston, TX (July 8, 2020) — A woman died in a major accident Tuesday afternoon after losing control of her vehicle. The crash occurred around 2:00 p.m. at 15900 Eastex Freeway. According to Houston Police, the woman was driving south on the freeway in her black Hyundai Genesis when she hit a wet spot on the road. She then lost control of the vehicle and veered across the freeway. A tractor-trailer attempted to avoid the woman’s vehicle but struck the driver’s side door.  The woman was pronounced dead at the scene of the accident. According to investigators, the driver of the tractor-trailer wasn’t injured in the crash. Source: KTRK Contact an Experienced Houston Car Accident Attorney Unfortunately, auto accidents like this happen far too often in Houston. Police must investigate these crashes thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims.  If you sustain injuries or lose a loved one in an accident, please contact one of our Houston car accident attorneys or call us at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve. Our deepest condolences go out to the families of the victims of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Houston Accident News

Motorcyclist Driving to the Store in Baytown Dies After Truck Turns in Front of Him

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Baytown, TX (July 1, 2020) — Police arrested a truck driver Wednesday night after he hit a motorcyclist that was heading to the store. The crash happened around 11:30 p.m. at West Baker Road and Hemlock Drive. According to the Baytown Police Department, the motorcyclist, a local father of a 2-year-old, was driving south on West Baker Road on his brand new motorcycle when a pickup truck made a left turn in front of him onto Hemlock Drive. The truck hit the motorcyclist, leaving him seriously injured. Emergency responders rushed the motorcyclist to the hospital where he later died from his injuries. Upon arrival, Baytown Police immediately took the driver of the truck into custody under suspicion of driving while intoxicated. If the truck driver’s toxicology reports come back positive, he may face vehicular manslaughter charges. The investigation is currently ongoing. Sources: News4SA, KTRK Contact an Experienced Houston Motorcycle Accident Attorney Unfortunately, motorcycle accidents like this happen far too often in Texas. Police must investigate these crashes thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims.  If you sustain injuries or lose a loved one in an accident, please contact one of our Houston personal injury attorneys or call us at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve. Our deepest condolences go out to the families of the victim of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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Attorney Portrait Information

Steps to Take After a New Orleans Car Accident

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After you experience a car accident in New Orleans, you may feel overwhelmed with all you need to do. You might face a lengthy task list that includes car repairs, medical treatment, filing insurance claims, and more. If you worry about your ability to negotiate with the insurance company for payment, know that an accident lawyer can help. At the Johns Law Firm, our New Orleans accident attorneys help clients injured in car wrecks. We negotiate with the insurance company for a maximum settlement and take negligent drivers to trial if needed. To speak to one of our knowledgeable attorneys, call us for a free consultation. If you want to know what to do after a New Orleans car crash, keep reading. Take These Five Steps After a New Orleans Car Accident When you experience a New Orleans car accident, you need to take these five steps to protect yourself. These steps give you the best chance of physical recovery and financial compensation. Call the Authorities Immediately after an accident, you should call New Orleans police and paramedics. If you can get out of your vehicle, wait for the police and paramedics at a safe roadside location. Do not leave the scene of the accident until authorities arrive. Seek Medical Treatment Your medical care should be your top priority. Once paramedics arrive, they will evaluate your physical condition and transport you to the hospital if necessary. Even if you don’t need emergency medical care, you should still seek a medical evaluation soon after your accident. This evaluation can identify any injuries and provide key evidence for insurance negotiations. Collect Evidence If you do not need urgent medical treatment, collect evidence at the scene of the accident. You should take photos of the damage to your car and the other driver’s car. Photos of the surrounding scenery and anything that may have contributed to the accident can help your claim. Also, request the names and contact information of any witnesses to the accident. Save All Receipts Save all receipts and medical bills. Receipts for everything from car repairs to crutches can provide evidence for fair accident compensation. Bring all documentation of your accident expenses to your consultation with an accident attorney. Call an Attorney You should contact an accident attorney soon after your New Orleans car accident. At the Johns Law Firm, our accident attorneys help injured motorists get the compensation they need. We utilize investigators who can uncover crucial evidence for us to use in insurance negotiations. Call our law firm soon after your accident to give us the best chance to recover accident evidence. Contact a New Orleans Accident Attorney for Legal Advice If you experienced a car accident in New Orleans, you may need a personal injury attorney. The attorneys at the Johns Law Firm can negotiate with the insurance company to try to win your maximum compensation. Call our accident lawyers for a free consultation where we can discuss your accident and advise you of legal options. Contact us today to secure experienced legal representation while you focus on your injury recovery.

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Attorney Portrait Louisiana Accident News

Child Dead, Two Others Injured After Box Truck Collides into a Disabled Vehicle on US 61

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Baton Rouge, LA (June 23, 2020) — A child was killed Tuesday morning after a box truck crashed into a disabled car in Baton Rouge. The crash happened around 7:30 a.m. in the southbound lane of US 61. According to Louisiana State Police, a car was stalled in the lane due to engine failure when a truck, driven by 27-year-old Treasure Charles, slammed into the back of the disabled vehicle. A child in the backseat of the car, identified as Wayne Ford, died at the scene of the crash. The driver and front passenger of the car sustained moderate injuries and were rushed to the hospital. Police have arrested Charles, who now faces charges of careless operation, negligent injuring, and negligent homicide. Impairment is not expected to be a factor in the accident, and investigators are unsure why Charles crashed into the disabled vehicle. Source: US News Contact an Experienced Louisiana Car Accident Attorney Unfortunately, auto accidents like this happen far too often in Louisiana. Police must investigate these crashes thoroughly to determine the cause and hold those responsible accountable. At The Johns Law Firm, we understand how devastating these accidents are for the families and friends of the victims.  If you sustain injuries or lose a loved one in an accident, please contact one of our Louisiana car accident attorneys or call us at 866-762-0302 to set up a free consultation. We will fight to get you the compensation you deserve. Our deepest condolences go out to the families of the victims of this horrible incident. If a family member would like the name of a person removed for any reason, please click the “Remove Post” link. REMOVE POST

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