This Blog is posted by The Bryan Woods Law Firm – Your San Antonio Construction Litigation Attorney

Bryan Woods Law Firm

1250 N.E. Loop 410, Suite 725
San Antonio, TX 78209
Phone: 210-824-3278
Fax: 210-824-3937

Construction Law San Antonio

Construction defects are not always easy to identify. There are numerous things that can go wrong in a house that are a result of the house settling or just expected wear and tear. When you begin to see electrical system issues that are affecting your heating and electrical flow or even causing HVAC issues, then there may be a potential construction defect. In this case, the culprit could be faulty wiring.

Faulty wiring can cause serious damage to a home. It can cause a fire, a blowout of the heating and electrical systems, general electrical system issues, or HVAC issues. Faulty wiring is not something you should ever try to fix. Contact a professional licensed technician to evaluate the problem. Once you have gotten the proper advice, make sure you document the problem. Keep all paperwork given to you by the technicians including their estimates for repairs.

Faulty wiring that is so severe that it causes electrical system issues or HVAC issues can be negligence on the part of the builder or the developer. There could also be some negligence on the part of the heating and electrical technician, but who chose this contractor or subcontractor is also relevant. It is difficult to speculate where exactly the responsibility of the cost of damages and cost of repair should fall. This is why documentation of every step you take is important. Since your first priority is to fix your house and to make it safe, having evidence of what the “before” situation was will be crucial for someone to determine who was at fault.

In addition, the builder could have used shoddy wiring and other inferior material. The builder could have used a second-rate electrical system or HVAC system that, when combined with faulty wiring, is bound to result in serious heating and electrical damage or HVAC issues. The reality is that the liability of these issues could very easily be the builder’s but to prove this can be quite challenging. Do not hesitate to contact an attorney today. Trying to fix your house and make it safe to live in but not miss anything that can help you hold the appropriate person or group responsible can be very daunting. Do not think you have to take care of this on your own. You need to contact an attorney today that will make sure you are taking the right steps to resolve these serious problems.

THE DIFFERENT STEPS THAT NEED TO BE TAKEN IN LAWSUITS

What Is Subrogation?
If an insurance company pays some of your medical or other expenses arising from your injury, the law provides “subrogation” which means that the insurance company stands “in your shoes” and can recover from the liable party some or all of the amounts paid on your behalf. If this is the case, they usually are required to pay their proportionate share of the attorney’s fee and costs in connection with the recovery. This is handled on a case-by-case basis.

WHAT SHOULD I DO ABOUT MEDICAL LIENS?
Some of our clients are involved in an accident where there is no medical payments insurance, worker’s compensation or private health insurance. In such cases, your doctor will expect to be paid by you at the conclusion of this case. Often they will require you to agree, in writing, to have us pay them directly from the proceeds you receive. State laws sometimes permit health care providers to file a “lien” which must be paid out of the proceeds of your case. If your doctor asks you to sign what is often called a “lien letter”, be sure to contact our office. In some cases, it may not be appropriate for you to sign such an agreement.

WHAT IF I CHOOSE TO FILE BANKRUPTCY?
If you are considering filing bankruptcy, you should know that you may lose all rights to your personal injury case. The Bankruptcy Court can take over your case, settle your case and give your settlement money to your creditors, and you will receive nothing. Be sure to talk to your lawyer before filing bankruptcy.

WHAT ABOUT CLAIMS THAT ARE FILED AGAINST THE GOVERNMENT?
Any injury claim, whether it stems from a car collision or other event that involves the government, is subject to special rules. The governmental entity involved may be the state, a city, a county, local government, or the United States. Generally, a Notice of Claim must be filed with the appropriate governmental agency very soon following your injury. If you believe that the government may be involved in your case, please notify us immediately.

THE LEGAL PROCESS
First Steps In Representing You

Your initial interview with our Law Firm will help us gather general information about your case. We will guide you on what you should and should not do, and give you the necessary materials to help you. Then, you will be asked to sign certain authorization forms to allow us to obtain your medical records and other pertinent information.

Our Law Firm will contact the person who was responsible for your injury and/or the insurance company and notify the parties that you have retained us as your attorneys. We will also contact all of the doctors and hospitals involved in your care to obtain your medical chart and billing information.

Filing A Lawsuit

Before filing a lawsuit, our Law Firm will obtain your permission and explain to you why we believe a lawsuit should be filed. The decision to file a lawsuit should be made by your attorney with your input. Filing a lawsuit may be necessary to obtain adequate monetary compensation for your injury.

A settlement is always possible and is a common alternative to filing a lawsuit. In fact, only a small percentage of cases make it to trial.

Accident Reporting and Procedures with the Insurer Principle

Your insurer will give you an “accident report”, which will help you in case of a traffic accident to be fully compensated for losses and injuries. To be compensated, you must meet deadlines for reporting this incident to your insurer. You must initially establish a statement or claim. The accident report is given to you by your insurance company. You can ask them for more copies at any time. It is strongly recommended to have at least one copy in your vehicle. This document specifies the information about the circumstances of the accident and in particular to determine the responsibility of the drivers involved.
Then you should submit this document to your insurer by registered mail (return receipt preferably) within 5 days of the accident. The accident report must be signed by each driver involved in the accident. You must complete the front (part observation) at the scene of the accident with the other driver, all in a single observation. The report must be signed by both drivers to be valid. Each party shall retain a copy of the statement after completing the common area. The back (declaration part) can be completed later by each driver individually. If the accident involves multiple vehicles, you must complete a joint report with the driver who preceded you and another report with the following you. You can also include photographs of the accident later after completing the first part. More on this website

Refusal to sign the accident report

If the other driver refuses to sign a joint report, you should record the tag number of the vehicle and get their license number if possible.

Try to get the testimony of those who witnessed the accident or the intervention of a police officer. If you have witnesses, try to get their contact information so they can be contacted possibly later. Complete the statement noting the refusal of the other driver. For this, use the “Comments” of the front of the statement. If the other driver flees after the accident, try to get the number of the license plate and call the police to inform them of the facts. In both cases, provide this information within 5 days to your insurer. See information on this website

Bodily injury

During a traffic accident, if a person has been injured, you must call the police and or an ambulance. After authorities secure the scene of the accident, establish a record of the circumstances of the accident. Get the identity of the drivers involved, passengers, pedestrians and witnesses if any. Even if the authorities establish a record, you should report the accident to your insurance company. If you are injured, you need to establish a medical record from the hospital or doctor stating your injury and contact your insurer by asking a provision for compensation for your injuries. If you did not report an injury in the accident report and you feel pain a few hours later, see a doctor as soon as possible and report it to your insurer. You may want to contact a car accident lawyer.