accident legal 3/26/2020

Medical Errors | Pharmaceutical Negligence | Misdiagnosis | Defective Drugs | Birth Trauma
Modern medicine has become highly specialized. Advances in medical technology often make it increasingly difficult for the average patient to assess a doctor’s recommendations for medicine, treatments and therapy, then evaluate the quality of care they receive.

The medical profession upholds a standard of care that healthcare practitioners are obligated to meet. When doctors, nurses, chiropractors, and other healthcare professionals fail to meet industry standards, they are subject to allegations of medical malpractice.

What is Medical Malpractice?
Medical malpractice is an area of personal injury law that covers any injury or harm a patient suffers because a doctor, nurse, psychologist or other medical practitioner failed to perform his duties according to acceptable medical practices.

Medical malpractice occurs when a negligent act or omission by a medical professional results in damage or harm to a patient; and laws governing medical negligence or liability are designed to protect patients’ rights to pursue compensation if they are injured.

Liability for medical malpractice can arise from:

A delay or failure in diagnosing a disease
A surgical or anesthesia related mishap occurs during an operative procedure
A doctor’s failure to gain informed consent from a patient for an operation or surgical procedure
A physician making a correct diagnosis, but failing to properly treat the injury or illness
An incorrect prescription
Improper drug prescription for, or surgical insertion of, a medical device or implant
A medical malpractice case can be filed against:

The doctor, if his actions deviated from generally accepted standards of practice
The hospital, for problems such as improper care, inadequate training, poor sanitation or dispensing of incorrect medications.
Local, state or federal agencies that operate hospital facilities
As with all personal injury cases, state law limits the time during which legal action must take place. Lawsuits filed against healthcare providers must be filed within two years of the date that the act causing the injury occurred. Children under 18 must file a medical malpractice action by their 20th birthday.

In order to evaluate if you have been a victim of medical negligence, you will need an experienced lawyer particularly skilled in representing medical malpractice cases.

At the Law Office of Matt Uhrig, in Ashland, Missouri, our experience enables us to effectively handle medical malpractice claims. Our firm has access to private investigators and medically trained expert witnesses who can assess medical malpractice cases and determine how the hard m you suffered was created by the medical professional’s negligence.

Contact Us for Legal Help
If you believe you have a medical malpractice claim, it is important to consult with an attorney as soon as possible to help you determine your best options. When you need legal advice and guidance regarding medical negligence, please contact our office at (573) 657-2050 or toll free at (877) 657-2050 to take advantage of our no cost, no obligation case evaluation and learn how we can help.
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Trucking accidents pose slightly different issues than auto accidents. A fully loaded tractor-trailer can weigh as much as 80,000 pounds. Because the majority of tractor-trailers travel on interstate highways, at high speeds, with vehicles such as your car or SUV that are significantly smaller, a car-truck accident typically involve more damage, more serious injuries and a greater likelihood of permanent disability or death. Given the great disparity of size and weight, collisions between an 18-wheeler and the average passenger car, truck or SUV result in a high incidence of serious injuries and death. Additionally, many of the larger trucking companies are self-insured, meaning they are much more reluctant to discuss fair settlement offers because the money is coming out of their own pocket, not from an insurance company.

When tractor trailer accidents occur, trucking company representatives frequently arrive at the scene shortly after the crash, and start gathering evidence to protect the interests of their company. Company representatives will debrief the truck driver. The truck will be retrieved by the company; its data recorders will be “reset” and global tracking devices will be cleared or erased so that crucial evidence such as truck speed, braking and hours of operation prior to the crash, are lost.

If you are involved in an accident, trucking company or insurance representatives may try to get you to give them a statement, which they typically record. Other than providing an investigating law enforcement officer with required information, such as your name, address and how the accident happened, do not talk to any one else, even your own insurance company, until you have consulted an attorney. Because trucking accidents typically involve multiple vehicles, more than one party may be liable for damages, and several insurance companies will be involved. Missouri Personal Injury Attorney Matt Uhrig is experienced at unraveling the complications and chain of events leading to the accident, which include in depth investigation of the accident scene, obtaining witness statements, photos of the accident scene and your injuries, as well as background research on the truck driver’s driving records, travel logs, and trucking company policies. The Law Office of Matt Uhrig will take every step necessary to obtain the compensation for your medical costs, rehabilitation, pain and suffering. If you are injured or a family member dies from injuries sustained in a trucking accident, you will need an attorney experienced in trucking accident litigation to help you pursue recovery of damages for the harm you suffered.

Our Expertise
At the Missouri Law Office of Matt Uhrig, we represent clients who have been injured or who have lost a loved one in a trucking accident. With extensive experience in dealing with tractor-trailer collisions, we work to aggressively pursue the compensation our clients deserve.

For A Free Case Evaluation Call or E-Mail Our Office Today
Attorney Matt Uhrig takes personal injury cases on a contingency basis, which means you do not owe us a fee, unless we recover damages on your behalf. Feel free to l Injury Attorney Matt Uhrig” href=”https://web.archive.org/web/20110417001409/http://missouricaraccidentlawyer-personalinjuryattorney.com/contact-us/sumbission-form/” target=”_blank”>e-mail Missouri Personal Injury Attorney Matt Uhrig to schedule an appointment. Or you can call our Missouri law firm at (573) 657-2050 or toll free at (877) 657-2050 to arrange a no cost, no obligation consultation to discuss how our experience in personal injury law can benefit you. If your injuries prevent you from traveling, home and hospital visits are available. Matt Uhrig accepts cases throughout Missouri.
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Legal Terms – Glosary
acquittal – What an accused criminal defendant receives if he/she is found not guilty. It is a verdict (a judgment in a criminal case) of not guilty.
arraignment – To bring a criminal defendant before the court, at which time the charges are presented to him/her, the opportunity to enter a plea is given, a determination of whether the party has a lawyer is made (or whether a lawyer needs to be appointed), if necessary setting the amount of bail, and future appearances are scheduled.
arrest – To take or hold a suspected criminal with legal authority, as by a law enforcement officer.
bail – The money or bond put up to secure the release of a person who has been charged with a crime. The theory is that bail guarantees the appearance of the defendant in court when required.

booking – Procedure at a jail or police station following an arrest in which information about the arrest (as the time, the name of the arrested person, and the crime for which the arrest was made) is entered in the police register.

change of venue – The transfer of a case from one county or jurisdiction to another for trial.

circumstantial evidence – Evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact.

complaint – The first document filed with the court (actually with the County Clerk or Clerk of the Court) by a person or entity claiming legal rights against another.

concurrent – “Concurrent sentences,” in which the prison time for more than one crime is served at the same time and only lasts as long as the longest term.

consecutive – “Consecutive sentences,” in which the terms for several crimes are served one after another.

conviction – The result of a criminal trial in which the defendant has been found guilty of a crime.

crime – A violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties.

cross examination – The opportunity for the attorney (or an unrepresented party) to ask questions in court of a witness who has testified in a trial on behalf of the opposing party.

defendant – The party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution.

defense attorney – The attorney representing the defendant in a lawsuit or criminal prosecution.

deposition – The taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom before trial.

direct examination – The first questioning of a witness during a trial or deposition.

disposition – The court’s final determination of a lawsuit or criminal charge.

duces tecum (dooh-kess-take-uhm) – A court order requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time. Failure to respond to a subpoena duces tecum may subject the party served with the subpoena to punishment for contempt of court for disobeying a court order.

evidence – Every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case. It can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs and depositions (testimony under oath taken before trial). It also includes so-called “circumstantial evidence” which is intended to create belief by showing surrounding circumstances which logically lead to a conclusion of fact.

exclusionary rule – The rule that excludes, from trial of the accused, evidence illegally seized or obtained.

felony – A crime sufficiently serious to be punishable by death or a term in state or federal prison.

grand jury – A jury, usually composed of from twelve to twenty-three members, that determines whether or not a suspect should be charged with an offense.

hearsay – Second-hand evidence in which the witness is not telling what he/she knows personally, but what others have said to him/her.

indictment – A written accusation filed against the defendant, voted on by a Grand Jury based upon a proposed charge, witnesses’ testimony and other evidence presented by the prosecutor and signed by the Grand Jury Foreperson. To bring an indictment the Grand Jury will not find guilt, but only the probability that a crime was committed, that the accused person did it and that he/she should be tried.

information – An accusation or criminal charge brought by the prosecutor without a Grand Jury indictment. This “information” must state the alleged crimes in writing and must be delivered to the defendant at the first court appearance (arraignment).

misdemeanor – A lesser crime punishable by a fine and/or county jail time for up to one year. Misdemeanors are distinguished from felonies, which can be punished by a state or federal prison term. They are tried in the lowest local court such as municipal, police or justice courts.

motion for mistrial – A motion filed by the defense seeking dismissal of the charges because of improper conduct on the part of the prosecution, judge, jury, or witnesses during trial.

parole – The release of a convicted criminal defendant from imprisonment, but not from legal custody, for rehabilitation outside of prison under such conditions and provisions for supervision as the Board of Probation and Parole may determine. Parole is an administrative act and follows incarceration.

plea bargaining – In criminal procedure, a negotiation between the defendant and his attorney on one side and the prosecutor on the other, in which the defendant agrees to plead “guilty” or “no contest” to some crimes, in return for reduction of the severity of the charges, dismissal of some of the charges, the prosecutor’s willingness to recommend a particular sentence or some other benefit to the defendant.

plea of guilty – An admission of guilty in open court.

preliminary hearing – In criminal law, a hearing to determine if a person charged with a felony, should be tried for the crime charged, based on whether there is some substantial evidence that he/she committed the crime.

pre-sentence investigation (SAR) – A report prepared by the Board of Probation and Parole detailing the facts of the offense, the defendant’s prior record, social history, and other pertinent information to assist the court in sentencing the defendant.

probable cause – Sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime.

probation – A chance to remain free (or serve only a short time) given by a judge to a person convicted of a crime instead of being sent to jail or prison. Probation is only given under specific court-ordered terms, such as performing public service work, staying away from liquor, paying a fine, maintaining good behavior, getting mental therapy and reporting regularly to a probation officer. Violation of probation terms may result in the person being subjected to the original sentence disposition.

prosecutor – Generic term for the government’s attorney in a criminal case, including Prosecuting Attorney, District Attorney, States Attorney, U.S. Attorney, Attorney General, Solicitor General, or special prosecutor.

public defender – An elected or appointed public official (usually of a county), who is an attorney regularly assigned by the courts to defend people accused of crimes who cannot afford a private attorney.

release on own recognizance (ROR) – The basis for a judge allowing a person accused of a crime to be free while awaiting trial, without posting bail, on the defendant’s own promise to appear and his/her reputation.

sentence – The punishment given to a person convicted of a crime. A sentence is ordered by the judge, based on the verdict of the jury (or the judge’s decision if there is no jury) within the possible punishments set by state law).

subpoena – An order of the court for a witness to appear at a particular time and place to testify and/or produce documents in the control of the witness (if a “subpoena duces tecum failure to appear as required by the subpoena can be punished as contempt of court if it appears the absence was intentional or without cause.

summons – An official order notifying the person named that she/he is required to appear in court on a day named and answer the complaint stated in the summons.

suspended execution of sentence – A disposition where the defendant receives an actual sentence for a specific period of incarceration or fine, but is placed on probation for a period of time generally with special conditions, in lieu of serving the sentence. Violations of any of the conditions of probation may result in the defendant’s sentence being ordered served.

suspended imposition of sentence – A disposition where the defendant does not receive an actual sentence for a specific period of incarceration or fine, but is placed on probation for a period of time generally with special conditions, in lieu of serving the sentence. Violations of any of the conditions of probation may result in the court imposing a sentence on the defendant and ordering it served.

verdict – The decision of a jury or judge after a trial.

voir dire – The questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts; acquaintanceship with parties, witnesses or attorneys; occupation which might lead to bias; prejudice against the death penalty; or previous experiences such as having been sued in a similar case.
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We are a network of personal injury attorneys who represent victims of serious motorcycle accidents. Several of our lawyers are experienced motorcycle riders and know the unique perils and prejudices facing each motorcycle driver. We know that there is a high incidence of people pulling out in front of motorcycles without regard to their safety. At times motorcycles seem to be unnoticed until an accident occurs. This year thousands of Americans will be injured in motorcycle accidents caused by someone else’s negligence. Serious motorcycle accident injuries account for a disproportionately high percentage of all accidents on the road.

Many of these victims will need medical attention, and lose time on their jobs. Others will experience financial hardships as insurance companies fail to cover medical and lost wage on most motorcycle riders. Some injuries will be permanent, debilitating injuries. For some motorcycle accident injury victims, the future medical prognosis and employment status will be clouded by traumatic brain injury or a closed head injury.

Whether you are a passenger or a motorcycle driver, we can help you get fully compensated for your personal injuries. For years our attorneys have successfully handled motorcycle accident claims and recovered millions of dollars for clients. We have access to the best motorcycle accident experts to prove your injury claim.. Knowledge of what to do at the scene and immediately after the accident can make a huge difference and greatly improve your likelihood of a successful financial recovery. If you or someone you know has been in a motorcycle accident, we also offer free online consultation . We can help you. Put us on your side.

Don’t forget to check out our motorcycle accident links. Please contact us to ask a lawyer about your rights to injury compensation. Thank you for visiting the Car Accident Lawyers Network.

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Thousands of Americans will be injured in car crash accidents this year. Many of these victims will need medical attention. Other car crash victims will experience financial hardships as they wait for insurance companies to reimburse lost wages and mounting medical expenses.

Some car crash injuries will be permanent, debilitating injuries. The average car crash victim trying to settle a claim is overmatched by the highly trained insurance adjuster and will receive much less than attorney assisted recoveries for car accident injuries.

Whether you are a pedestrian, a passenger or car operator, our car crash lawyer referral network can help you get adequate compensation for your personal injuries. Our national network of experienced car and motorcycle crash attorneys know the complexities of insurance laws and will obtain for you every available benefit that the car insurance policy provides. Our car crash lawyers are familiar with all aspects of bodily injury claims and know how to prepare your case to maximize your financial recovery.

We will promptly investigate and determine the amount of insurance of the person who caused the car crash . Our lawyers have successfully handled hundreds of car and truck accident claims and recovered millions of dollars for our clients. Our network Attorneys have experience and expertise in processing medical and wage claims for you.

Whether you were in a car accident caused by a drunk driver or someone talking on a cell phone who was not paying attention, we will promptly gather information to help establish liability on your behalf. Our lawyers have access to the best car accident reconstruction experts in the country. See our free “car accidents guide”to help you at the early most critical stages of your car accident case.

We can help you. Put us on your side. Contact us to find out how to increase the value of your serious car accident case.

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When someone hurts you through recklessness or negligence, you may be entitled to compensation, per California’s personal injury laws. Armen Sefyan will help in this regard, so that you can protect yourself and seek relief.

Armen Sefyan handles personal injury cases of all sorts, including vehicle wrecks, slip and fall accidents and dog bites. The basis of these cases is that a person seeks damages when an individual, company or organization causes or contributes to their harm. Armen Sefyan’s role in this process is to prove negligence, in accordance with personal injury laws.

When taking your case to court, the focus is on ensuring that you receive monetary compensation for your injury and damages. To do this, the Sefyan Law Offices will try to prove liability by the defendant. While the majority of personal injury cases are settled outside of court, as an experienced litigation attorney, Armen Sefyan will represent you in court, should the parties fail to reach an agreement.

If you need help with a Personal Injury Case, please contact Armen Sefyan at (323) 488-4649 for a free consultation.

Wrongful Death Cases

Wrongful death cases are those in which a person’s life is taken, due to an accident or the negligence of someone else. The compensation garnered from these cases can pay for funeral expenses, loss of potential income, pain and suffering and other types of situations. Armen Sefyan can try these cases on behalf of the surviving family.

Car Accidents

Vehicle wrecks are some of the most common personal injury cases taken to court. When trying these cases, attorneys must prove that the other driver was responsible for the wreck. In these situations, it’s best to seek the help of Armen Sefyan, so that he can help protect your interests. Mr. Sefyan will acquire and review police reports and accident records, comb through the statements of witnesses and gather all relevant information needed to prove that you were not responsible for the accident, and you should be compensated for your injury and damages, if any.

Dog Bites

When a person owns a dog, they are responsible for making sure the dog behaves and doesn’t cause harm to another individual. If the dog leaves the physical custody of the dog and bites another person, the owner might be responsible for paying for any damages suffered. However, though many people feel that the dog owner is always responsible, this may not be the case. Get in touch with Armen Sefyan to learn more about proving fault in dog bite cases.

Slip and Fall Cases

A substantial number of personal injury cases result from slip and falls. When a person is walking on a surface that is slippery, damaged or otherwise not stable, and is injured, he or she may be entitled to compensation for medical bills and other damages.

If you need help for a slip and fall case, please contact Armen Sefyan at (323) 488-4649 for a free consultation.
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Auto accidents though unfortunate are pretty common. It is often opined that the term accident is not quite appropriate as over ninety percent of auto accidents are caused by negligence on the part of the drivers. Severity of the auto accidents determine the legal consequences that are to follow subsequently. All the common law jurisdictions impose some sort of requirement that the parties involved in any collision/accident must stop at the scene even though the collision may involve only stationary property. The parties concerned are to stop at the scene and exchange insurance or identification information or summon the police. The failure to comply with such requirements leads to the incident being termed as hit and run and is a criminal offense.

It may be noted that most car claims are settled without involving an attorney. The parties involved in an auto accident can be facing criminal liability or civil liability or even both. The state may also start a prosecution in certain cases like when someone is severely injured or killed or when one of the drivers involved has been proved beyond doubt to be grossly negligent or intoxicated or impaired otherwise during the occurrence of the auto accident.

The right course of action in keeping with legal safeguards should be-

o Staying at the scene of auto accident until the police confirms that you can leave the scene. Leaving the scene of an accident beforehand may affect the driver’s license sanctions and even lead to criminal charges being framed.

o If some person(s) have become injured as a result of the auto accident then you may try and help if you are trained in administering first aid. However, the injured person must not be moved and the police are to be called up and the accident reported together with mention of the number of people injured. This will help provide enough emergency personnel to be attending to the scene. In case the accident takes place on the roadway then the flashers are to be turned on or flares used for warning approaching traffic of the accident.

Important information including the other driver’s name and other details are to be taken down together with details of witnesses, police officers (for facilitating procuring of accident report), location of place of accident and events leading to the auto accident. You ought to be careful not to admit fault or liability as there may be factors you are unaware of that have led to the accident being caused. It may become quite evident that the other driver/other person concerned were actually more at fault.

It is to be remembered that it is unnecessary to make statements to any person at the auto accident scene. Statements are to be made only to the police. Simply relating the facts to the police will be enough as they can draw their own conclusions from the facts that become apparent.

It is crucial to seek medical care and attention as soon as possible. In certain states of the US like Michigan there is the no fault insurance law that covers medical treatment necessitated by an automobile or auto accident and it is important that you immediately obtain medical care from doctors for otherwise you may not be able to obtain ‘no fault’ benefits for your injuries.
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Vehicular accidents are common and these can happen to all drivers alike and so pretty much all people who place themselves behind the wheel have grown to take this risk. There are basic requirements that need to be addressed when a car accident happens and these are not affected by either the presence or the absence of injuries. Court cases in relation to vehicular articles are best handled by lawmen who have taken the time to study the ins and outs of this accident law.

A car accident law exists in order to help people address the possible concerns or issues that can arise from the onset of vehicular accidents. Even cautious drivers themselves can be placed in the middle of a vehicular altercation. The article below contains a series of steps that any person can use when a this accident happens whether he or she is simply the witness or the driver.

Car accident law specifies that anybody who finds themselves involved in a car accident should not go anywhere without the permission of proper authorities that are present at the site. This is very important especially when the driver gets involved in a this accident resulting to substantial property damage. Leaving or fleeing from the scene of an accident can easily get punished by suspension of the driver’s license or even lead to criminal charges.

Car accident law also pertains to the safeguarding of the injured wherein the question of who is at fault for the accident should temporarily be set aside. First aid should be given to any injured person involved in a this accident and as much as possible they should not be moved until the proper medical team arrives. In addition, if the driver is unable to do so then someone should immediately report the accident to the police.

Car accident law mentions that there are this accidents that lead to a series of injuries to the people involved thus there is a need for people assisting in the accident to know if any injuries have indeed occurred. Each injured individual needs proper medical attention and by telling authorities this will make sure adequate supplies are brought to the scene. Whenever a driver is in an accident while on the road, then attracting the attention of passing traffic using flashers, flares or other similar devices is essential.

For any kind of vehicular altercation, car accident law tells about how people should be mindful of the events that occurred. It is necessary to have information pertaining to a driver’s personal data plus the license plate number and insurance policies. Drivers should be mindful of other people who might have seen the incident happen as well as the authorities who assisted later on.

According to the car accident law, drivers should not admit fault right away as opposed to taking the blame for everything. A this accident may easily be attributed to a different cause far from the actions done by the driver of the vehicle. Do not make any statement to other people on the scene but the police and allow them to draw their conclusions with the facts provided in the testimony.

It is necessary to address car accident injuries with much urgency regardless of the details of the accident that ensued. When a person attains medical assistance after a car accident he or she can rest assure that a comprehensive insurance policy should shoulder their medical expenses given that they do have insurance. Even more, a person cannot expect to change the decision of an independent insurance company with the accident law.

The car accident law advices people to get insurance for instances such as these. A driver who does not seek immediate medical help might have no case against another driver when the concern of injuries takes them to court. If a driver follows these advice he or she shouldn’t have any problems with the law or insurance companies.
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“Should I hire an attorney after I’ve been in a car accident?”

One of the emotions most people describe after they’ve been in a car accident is confusion. They don’t know what they should do, they’re not sure if they’ve taken the proper steps to protect themselves, and they don’t know if their case is something they should talk about with an attorney. Perhaps you can relate to these feelings and you’ve had similar thoughts. Thoughts like:

When you get hit by a car, what happens? Should you immediately call an attorney?
How long after getting hit by a car can you sue?
What kind of lawyer helps people with car accident cases?
I got hit by a car. Can I file a lawsuit?
I got hit by a car, but I only got the car’s license plate number. Is that enough?
If any of these questions sound familiar to you, you’re in the right place. In this section, we’re going to talk about the importance of contacting an attorney after you’ve been in a car accident.

Representing Yourself

At first, it might seem like it’s a good idea to represent yourself in your car accident case. After all, you’re sure that hiring a lawyer to represent you is very expensive, and you’re not prepared to pay a high price for legal help. You may even do a quick search engine search and find out everything you need to know to get started. The problem is that insurance companies rarely work well with individuals, and they often try to manipulate the situation so that they end up not being held responsible at all. It’s also a lot of work to represent yourself in a car accident case, and it’s difficult to get the quick results you desire.

Hiring an Attorney

When you work with an attorney for your case, the first thing you discover is that lawyers are not as expensive as you probably thought. Many of them work on contingency fees, which means you don’t pay anything upfront to get their services. They will meet with you for a free consultation and then if they decide to take your case, they get paid only when and if you get paid. Your attorney will immediately compile all of the information that’s necessary to put together a strong case against the insurance company, which sometimes involves doing quite a bit of legwork. It can take some time, but insurance companies tend to take attorneys seriously, so they work much faster with them than they do with individuals. Once you’re offered a settlement, your lawyer will consider it and ask you to do the same. You’ll decide together if you think it’s fair and then you’ll either accept it or reject it and ask for more. That step is difficult to do when you’re working on your own because you don’t really know what’s fair and what’s not.

A qualified car accident attorney who has worked with other clients for their car accident cases is your best bet if you want to get a fair settlement. You don’t have to fight this fight alone. Contact us and start working with a lawyer who can fight to get you the compensation you deserve.
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“I was just in a car accident and I need an attorney. What is the initial consultation going to be like?”

If you’ve recently been in a car accident and you’ve decided to hire an attorney to represent you as you pursue a settlement, your first meeting with him is what’s known as your initial consultation. That’s when you’ll talk about everything that happened and present your evidence for your case; or as much evidence as you have, anyway.

Many people are nervous about this initial meeting because they’re not sure what to expect. Perhaps you’re feeling the same way, and you have a lot of questions, such as:

How much can you get for being the victim in a car accident?
If I go to the ER after a car accident, is the bill covered?
Is hiring an attorney after a car accident really necessary?
I hurt my back in a car accident. When do I get paid?
How long after a car accident can you sue?
Your initial consultation with your attorney will answer all of these questions for you, as well as some that haven’t even entered your mind right now. Let’s talk about what you can expect the first time you sit down with your lawyer.

Your Story

The very first thing your lawyer is going to want to know is your side of the story. Keep in mind that he may have had the time to contact the other driver’s insurance company to hear their side of the story; especially if you waited a long time to get in to see him. Make sure you tell him the entire truth of what happened. If you’re not certain about something that you think happened, say it. He may be able to talk to a witness who can validate what you’re saying, or he may need to find proof through another method. Give as many details as you can remember. He’ll be taking notes and he’ll want to refer back to those notes later on.

Your Documentation

Secondly, he will want to see any documentation you may have on the accident. He’ll need the police report and if you had the chance to interview any witnesses, he’ll need to see those recordings or transcripts as well. It’s important to bring your medical bills and your proof of your loss of income to this first meeting too. If your lawyer needs any additional supporting documentation, he’ll ask you for it. He may even obtain it himself if he thinks he can do it a little easier than you can. The more documentation you can give him, the more evidence he’ll have to support your case.

The Plan

When you leave, your lawyer will decide whether or not he’s going to take your case. In most instances, lawyers are eager to take on car accident cases when the victim is clearly not at fault. Most likely, he will agree to work with you. He’ll let you know when he’d like to talk with you again, and he’ll give you an idea of what his next moves are. You may even get a sample car accident timeline so that you can tell what to expect in the coming weeks or months as he works on your case.

The Follow-Up

Once some time has passed and your lawyer has heard back from the insurance company, he may ask you to come in and talk about their proposed settlement. Be prepared. It might not be a number you’re happy with, and your lawyer might not be happy with it either. However, it’s his duty to let you know what they have offered to you. Together you’ll decide whether to accept it or to reject it and ask for additional money.

When you meet with your lawyer the first time, you won’t have to pay him anything for the consultation. You also won’t have to pay him to start working on your case. He gets paid when and if you get paid.

If you’ve been in a car accident, your lawyer will fight hard to get you the compensation you deserve. If you’d like more information about how an attorney can help you, please contact us.
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“Do I need to hire a lawyer after a car accident, or can I represent myself and still get a good settlement?”

When you think about hiring a lawyer after you’ve been in a car accident, the first thing that probably comes to your mind is feeling concerned about the cost. You certainly don’t have a lot of money to pay for an expensive attorney, and your injuries and the damage that has been done to your car should be evidence enough to bring you a settlement, right?

Perhaps you’re thinking:

My car accident wasn’t that bad, but I was injured a little. Do I need a lawyer?
I feel fine after my car accident. Is it really necessary to hire an attorney?
What can a lawyer do for me after my car accident?
I can’t afford a car accident lawyer. Is representing myself an alternative?
Will I get a car accident settlement if I act as my own lawyer?
These questions are all very typical for someone in your situation. In this section, we’re going to talk a little bit about what you’ll experience if you decide to represent yourself versus what you’ll experience if you hire a lawyer for your car accident case.

Representing Yourself

You were pretty busy before you got into your car accident, but now that you’ve been injured, you have even more on your plate. You also have less resources to accomplish everything you need to do. You may have had to take some time off from work, so you’re missing out on some much-needed income. You probably don’t have a vehicle either, which places a huge burden on you and on your family. Representing yourself in your car accident case is an even bigger burden because it will be up to you to prove why you deserve a settlement. Insurance companies often take advantage of people who represent themselves in car accident cases because they know that you don’t know everything there is to know about the law. You might not realize that you qualify for money for pain and suffering, or you might not know you can get money to compensate you because you were unable to accept a new position at work due to your injuries. These are only a few of the details that go into creating your car accident settlement, and if you’re not aware of them or if you don’t ask for them, you lose out on that money. It’s also much easier for insurance companies to manipulate individuals into accepting the blame for an accident that wasn’t their fault. If you do that, you won’t get a settlement at all.

Hiring a Lawyer

Hiring a lawyer offers you every possible advantage you can think of for your car accident case. Your lawyer will take over your case and make sure you have a strong position to fight for a fair settlement. He will compile all of the evidence and even do extra work to get more information if it’s necessary. Your lawyer will work very hard on your behalf, and he only gets paid when and if you get a settlement. That means you won’t have to pay him any money upfront.

It is certainly in your best interests to hire a lawyer for your car accident case. Doing so gives you the best chance of getting a fair settlement. If you would like to talk with a lawyer about your case, please contact us.
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“Do I really need a lawyer to represent me in my car accident case?”

In your opinion, your car accident case is really kind of cut and dry. Yes, you were injured, but your injuries were fairly minor. You missed a little time from work and your car needs to be repaired. It’s not like you were forced onto disability or anything. You’re probably thinking:

Shouldn’t I be able to handle your accident case on my own?
What can a lawyer do for my car accident case that I can’t do myself?
Is hiring a lawyer for my car accident case really necessary?
I was in a car accident and I have a lot of medical bills. Should I bother hiring a lawyer?
I had a car accident a few weeks ago, but it was minor. How would a lawyer help me?
The problem is that there is so much that goes into putting together a successful car accident case that results in a fair settlement. A lawyer can facilitate all of that for you, but there are many other reasons you should choose to have a lawyer fighting for your case too.

Car Accident Law

Regardless of how much time you spend doing research on your own, you’ll never understand car accident law the way your lawyer does. That’s because he has spent time studying car accident law. He knows exactly what you’re qualified for and what you’re not qualified for. He is your best asset when it comes to getting you a settlement because every case is different. It’s impossible to believe you can find out what you need to know from a quick search on the Internet. Your case is going to be different from someone else’s case, which makes a basic overview very unhelpful at best.

Authority

The most important trait your lawyer possesses is authority, and the car insurance company you’re fighting against knows that. It’s possible that the insurance adjuster has even worked with your lawyer in the past, so they may even know what to expect when he contacts them. You need his authority just as much as you need his expertise in this field because authority translates into respect. The insurance adjuster will know that your lawyer knows what you’re entitled to and you’re not only going to see that this translates into a quicker review process for you, but it will also translate into more money for your settlement.

Experience

In addition to your lawyer’s knowledge and authority, you will also need his experience. He’s probably worked with hundreds, if not thousands of car accident cases. That means he’s seen just about everything. He knows the various pieces of the puzzle that he will need to put together to present a strong argument to the insurance company. Only experience will provide you with an excellent case that dots all of the i’s and crosses all of the t’s. You don’t want to waste time and you need his experience to get the job done.

If you’ve recently been in a car accident, you deserve justice for what happened. Whether your accident was major or minor, a lawyer can help you get the best possible settlement from the other driver’s insurance company.

If you would like to talk with a lawyer, please contact us today.
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“I have so many questions since my car accident. Who can give me the answers I need?”

When you’ve been in a car accident, it’s normal to have a myriad of questions; especially if this is your first accident and you’ve never experienced anything like this before. Fortunately, you’re in the right place to find the answers you need.

To help you, we’ve put together a list of some of the most frequently asked questions we hear regarding car accidents. Hopefully, these answers will serve as informational for you as you decide what you’re going to do after your car accident has occurred.

What should I do first after my car accident?

The first thing you should do after your car accident is call 911. You need to report the accident to the police and you or the other driver might need medical attention. If you’re physically unable to call or you don’t have your cell phone with you, perhaps a witness who saw what happened can call for you.

Should I go to the ER after a car accident?

It’s possible that the paramedics will arrive on the scene of your accident if it’s necessary. They will assess you right there to make sure you’re OK or to recommend additional treatment for you at an area hospital. If they release you, it’s still a good idea to go to the doctor or to your local emergency room for a more in-depth assessment. Some injuries don’t surface right away and your health is very important. Get the medical treatment you need before you worry about anything else.

I’ve been in a car accident and it wasn’t my fault. Can I sue?

If you’re in a car accident and it wasn’t your fault, you absolutely have the right to sue for your injuries as well as for any damage to your vehicle. If your car was totaled, you have the right to sue for car replacement. Rather than take on your own case, it’s best to contact an attorney who can help you. He will know exactly how to proceed once he hears your story and reviews the evidence for your case.

Who pays for my car repairs after an accident if I was a victim?

If you’re the victim in a car accident, it is the other driver’s insurance company’s responsibility to pay for your car repairs. You may need to get one or two estimates, but you should be able to choose the shops you go to for them. In the same way, if your car was totaled, you have the right to sue for car replacement based on the value of your car.

Do I really need to hire a lawyer for my car accident case?

Some people do handle their own car accident cases, but unfortunately, it rarely turns out well for them. That’s because they lack the knowledge and expertise they need to pursue the case correctly. A lawyer who has experience in car accident law will be your best asset in your case. He understands what needs to be done, and he knows how to go about getting you a fair settlement.

How long do I need to wait to find out about a car accident settlement?

Once you sit down with your lawyer for your initial consultation, it might take a few months for you to get a settlement, but every case is different. If yours is more complicated and you still require extensive medical treatments, it might take longer. Your lawyer will go over all of the details of your case with you so that you know what to expect for your case.

Are car accident lawyers expensive?

The best thing about hiring a car accident lawyer for your case is that you don’t have to pay anything upfront in most cases. Your lawyer will work on a contingency fee, which means he only gets paid if and when you get a settlement for your case. He will generally take a percentage of your settlement money, which will be right around 30%.

My car accident was a few months ago, but now I’m in pain. Can a lawyer help me?

Even if a few months have passed since your accident, it’s not too late to get in touch with a lawyer to talk about suing the other driver’s insurance company. In fact, this type of situation happens all the time because many people do feel fine right after an accident. However, injuries don’t often become apparent until a few weeks or months later. Contact a lawyer and get started on your case, even if it’s been a few months since the accident happened.

If I’m injured in a car accident, who pays my medical bills?

If you’re injured in a car accident case, the other driver’s insurance company is responsible for paying your medical bills. You should not need to submit anything to your insurance company, and everything should be covered 100% as a part of your settlement.

What evidence do I need for my car accident case?

You will need many different pieces of evidence for your car accident case if it’s going to be successful. You’ll need to present your lawyer with the police report, your statement of lost wages, your medical bills and any other documentation you might have that supports your story.

These are just a few of the questions we hear most often. You might have many others, and those questions deserve answers. Your lawyer will be happy to answer all of them for you, and he’ll work hard to get you compensated for your car accident.

If you would like to connect with a car accident lawyer, please contact us.
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“I was in a car accident that wasn’t my fault…or was it?”

Determining who was at fault is a major part of any car accident case. If you’re dealing with the aftermath of a car accident yourself, then you understand how important it is to maintain your stance that the accident was not caused by you. Even so, it can be difficult to maintain that stance when the other driver’s insurance company is pressuring you to admit that you did something wrong. You might even be thinking:

I had a car accident and I don’t think I did anything wrong, but I’m not sure.
I was hurt in a car accident that wasn’t my fault, but I can’t remember exactly how it happened.
I’ve been in a car accident and I’m being pressured to admit fault. What do I do?
Should I hire a lawyer for my car accident if it wasn’t my fault?
If I’m hurt after a car accident, what grounds do I have to sue?
Fortunately you’re in the right place to get the support you need for your car accident. Let’s talk a little bit about what it means to be at fault and what you can expect from the other driver and his insurance company.

Fault Explained

When you’re at fault after a car accident, it basically means that something you did caused the accident to happen. No one wants to admit fault because that means that person’s insurance company will have to pay for the damages and injuries that resulted from the car accident. When that happens, in most cases, the driver experiences an increase in his insurance rates. It also means the driver most likely will get a ticket from the police office who filled out the police report at the scene. Tickets translate into points on your license.

In short, being at fault for your car accident is not a good thing, which is why it’s important for you to maintain your story that the accident was not your fault when you know you’re innocent.

The Other Driver

In most cases, the other driver is going to be very angry about the accident. He probably immediately started to panic because he knew he would be getting into a lot of trouble. He may have even tried to blame the accident on you in an attempt to twist the story around. Some people are really good at manipulating and, believe it or not, they’re able to convince the other driver that they were to blame for the accident.

The Other Insurance Company

In the same way, the other driver’s insurance company also can cause you a lot of headaches after a car accident. They stand to lose a lot of money if your car accident case is successful, and they do not want to pay you a settlement. It’s not uncommon for insurance companies to try and contact victims for the purpose of getting them to admit they did something wrong. They’ll even record conversations so that they have proof. If you’re in a situation where the other driver’s insurance company tries to contact you, the best thing you can do is refer them to your attorney and hang up the phone.

Having an attorney on your side is the best thing you can do for yourself after a car accident. Your attorney will protect you at all times and he will guide you every step of the way so you know what to do. If you’d like to talk with an attorney about your case, please contact us.
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“I was in a car accident and I don’t know what to do. Can someone help me with the first steps?”

Every moment is crucial after a car accident has taken place. You need to know what you should do so that you can protect the integrity of your case. Knowing the proper first steps to take right after the accident happens will save you a lot of headaches later on. Right now you probably have plenty of questions and thoughts plaguing your mind. Things like:

If my car accident wasn’t my fault, can I sue?
I just had a car accident. What do I do if the other driver tries to blame me?
Should I hire a lawyer for a car accident case?
How much will my car accident settlement worth?
When you’re hurt in a car accident can you go to the doctor?
Hopefully this page will offer you plenty of helpful information that will serve as a guide for you over the next few weeks and/or months.

Call 911 – It might seem to be self-explanatory, but sometimes people are in so much shock, it never occurs to them to contact 911 to report their accidents. Perhaps the accident was a minor one and the other driver talked them out of reporting it, or maybe the other driver even possibly offered to simply pay for the damage that was caused in an effort to avoid involving the police. Regardless of what happened that caused your car accident, calling 911 is a very important first step that should never be skipped. You may need to be checked out by paramedics for any injuries. You should also talk with a police officer about what happened so that you can get a police report filed. Don’t let anyone talk you out of calling 911 if you’re in an accident.
Get Medical Attention – You need to be seen by a doctor after a car accident. It’s possible that the paramedics will come to the scene and assess you. They may decide to take you to the local hospital in an ambulance. Even if you feel fine, don’t resist them. Go along with them and get the treatment you need. They may notice something that just isn’t right, or they might simply be erring on the side of caution. They may even tell you that you seem to be OK and not recommend any other treatment for you. If that’s the case, either make an appointment with your own medical doctor and ask to be seen right away, or go to your local emergency room. It never hurts to be sure, and it’s always a good idea to have documented proof of any injuries.
Take Pictures – If it’s possible for you to take pictures, do it. You need pictures of any damage to your car as well as the damage that was done to the other driver’s car. You should also try to take pictures of any injuries you sustain during the accident. Your cell phone camera will work fine, but if you don’t have one with you or it gets damaged, you can try to ask a witness to take pictures and email them to you. Pictures are very useful pieces of evidence, and if you decide to pursue a legal case against the other driver’s insurance company, you’ll be glad you have them.
Talk with a Lawyer – Many people attempt to take on their own car accident cases, but they do so to their own detriment most of the time. The truth is that insurance companies rarely take individuals seriously because they know that, for the most part, they don’t know much about car accident law. They don’t know how much they’re entitled to in a settlement, and they don’t know what factors into coming up with an amount for a settlement. A lawyer offers you the best opportunity for a fair settlement for your case.
If you are careful to follow these four steps, your lawyer will tell you how you should proceed after he talks with you. Of course, every case is going to be different, and what’s true for you might not be true for someone else. In the same way, the things that affect the amount of your settlement are going to be different from someone else too.

Regardless, you should always talk with a lawyer after you’ve been in a car accident. If you’d like to get started on your case, please contact us.
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Everyone knows what the term “lemon” means in the automobile context – it’s a car that turns out to be a piece of you-know-what shortly after you buy it. No big deal, though – you just take it back to the seller and they have to take it back and refund your money, right? ‘Cause there’s this thing called a Lemon Law, right?

WRONG. (Well, most of the time.)

Is your car more than two years old?
Is it used, meaning someone else owned it before you?
Does it have more than 18,000 miles on it?
If you answered yes to any of these questions, then unfortunately, Montana’s Lemon Law does not apply to you. In Montana, the term “Lemon Law” actually refers to the “New Motor Vehicle Warranty Act.” The law only applies to new vehicles less than two years old, with under 18,000 miles on the odometer. And it only applies to the original owner – no used cars allowed.

Seems backwards, right? After all, used cars are much more likely to have mechanical problems!

Doesn’t matter. The Lemon Law is geared more toward manufacturing defects in new cars that can’t be fixed after several attempts – not the clunkers sold by shady used car dealers.

Do you know how many times that car you’re buying has been wrecked? The used car salesman may not tell you…
So what rights DO you have when buying a used car? Well, that depends on whom you ask. According to the disclosures you sign at most used car lots, you are taking the car “AS IS.” According to them, this means that if steering wheel comes off in your hand after you leave the lot and pull out on the street, too bad. That’s your problem.

But this isn’t always entirely true. Even used car dealers have to inspect vehicles before they put them on the lot for sale, and they can’t lie about or cover up a dangerous condition. So, many times, the question then comes down to whether they performed a reasonable inspection, whether they knew about any problems, and whether you can prove that knowledge.

This can be hard to prove. And the more time that has passed between the date of purchase and the date that the engine starts smoking, the harder it becomes to show that the condition existed when you bought the car.

My advice?

If possible, don’t buy from a used car dealer. At the very least, check out their reputation around town. Some are better than others. Some are blood-sucking vultures who will high-five each other as you drive away dragging a muffler in a cloud of smoke. I think private sellers tend to be more honest about problems with the car, and at least you will save a lot of money cutting out the middle man.
Take your time and do your homework. Blue Book the vehicle on your own to see what it is really worth. And ALWAYS have an INDEPENDENT mechanic check out the car before you buy it. Not the mechanic across the street from the car dealer, that the car dealer “conveniently” recommends! Who’s to say they aren’t getting a kickback for giving the car a thumbs-up? Find your own mechanic. That’s not legal advice, that’s just common sense. I know the used car salesman may seem like your best friend, but trust me, he’s not. He will also act like if you don’t buy the car today, it will be the end of the world, but it’s not. It will still be there tomorrow, leaking oil and over-priced.
Don’t pay for the car in cash. That way, if problems arise, you can stop making the payments and use the remaining balance as leverage to negotiate with the car dealer for repairs or a modified price. If you pay with cash or take out a loan through your bank, the car dealer gets all their money up front. You know how helpful they will be when you come back a week later with a grinding transmission? Not helpful at all. They won’t care.
Don’t believe me? Think I’m exaggerating about used car dealers? I’m not. They’re in a cutthroat business, and it’s your throat or theirs. And it’s not just financial and legal problems at stake – it can be your safety, too.

There’s a well-known case in Montana where the buyer ended up a paraplegic after a bad tire combined with a damaged transverse link caused her car to swerve uncontrollably into oncoming traffic on the highway. Turned out the used car dealer had turned the bad tire around (so the whitewall was facing in) so the buyer couldn’t see that the tread was separating, and sold the car to the buyer “as is” without inspecting it whatsoever.

Now that you know there is no Lemon Law protecting you in buying a used car, be a smart consumer and proceed with caution. And next time you hear someone going on about how someone should sue a used car dealer under the Lemon Law, you can tell them, “Sorry, there’s no such thing when it comes to used cars.”

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You say you have over 600 years of experience?

If you need a lawyer, chances are you are already smack-dab in the middle of a stressful legal situation, or about to be. What many people don’t realize is that the lawyer they choose can have a direct effect on making that situation bearable, or a nightmare of lost sleep and money.

Right now, you might be focused on just finding a lawyer to take your case, or finding someone you can afford. However, remember that hiring a professional should be a two-way street. Assuming you have a decent case, you should be asking the lawyer some questions of your own. (If you don’t have a decent case, convincing a less-than-stellar attorney could make a bad situation worse – you may lose the legal battle and still owe the attorney your hard-earned money for his or her fees.)

Here are some very important questions you should ask a prospective attorney:

Do you have experience with this type of case, and if so, what is it? The attorney should be able to describe her familiarity with this area of law. Or if the attorney is new to this area, she should just let you know that. This doesn’t mean she’ll do a bad job – a smart attorney will do the necessary research and will also have a network of other attorneys she can call with questions in their practice area.
How would you bill me for this type of case? Attorneys can use any number of billing arrangements. The most common are hourly fees, flat fees, and contingency fees. Hourly fees are still the standard for many attorneys, although they are beginning to give way to more flexible, client-friendly billing arrangements.
How much would you charge me for this case? Once you know the attorney’s preferred billing arrangement for your type of case, the next logical question is how much are they going to charge you under that arrangement? Attorneys’ fees can vary widely based on years of experience, expertise in a certain area, and how interested they are in your case. If it seems like an attorney is quoting you a fee on the high end, you can ask them if the fee is higher because of one of these factors. The attorney might admit that it really isn’t his cup of tea, in which case you might want to continue in your search. Or she might share that she is very interested in your case but charges a higher fee because she is the foremost attorney in the state in that area of the law, in which case you might want to consider whether it is worth it to pay the extra money for your peace of mind.
How available are you to your clients? Very few attorneys are going to provide you with a daily update on your case or heart-to-heart talks at 10:30 at night. However, most clients want to know that if they call their attorney, they will get a prompt call back. Does the attorney have a 24-hour callback policy? If not, how soon will he return your call? The most common complaints to attorney disciplinary bodies involve attorneys who won’t call their clients back. Don’t get stuck with a non-communicator. Also, if you like email (like me), will the attorney communicate with you by email? (Be aware though that email is generally not a secure means of communication, especially if you are emailing from a public wi-fi hotspot. You might as well call your attorney on the phone and talk really, really loud so that everyone can hear you, because it’s that easy for see what you are doing over unsecured wireless. Which brings me to my next two questions . . . )
How tech-savvy is your firm? Since you are reading this blog post online, I assume you are somewhat comfortable using modern technology. Does the attorney use technology to practice law, or is he still plunking away on a typewriter? I don’t mean to poke fun at older generations of attorneys who weren’t weaned on an iPad, because their experience in the trenches is invaluable. However, I believe attorneys are ethically obligated to keep up with at a least a basic level of technology, to provide efficient and secure representation. For example: How do they do their research – do they use Westlaw, LexisNexis, or some other fast, efficient online research database? Do they include social networking sites in their research? Or are they still hitting the books and ignoring the online world happening around them? Also, how do they communicate with clients and other parties – are they still using paper letters on expensive stationery and the faxosaurus rex? Or do they use online faxing, Skype, and email or a secure client portal to communicate and send you documents? A few casual, “curious” inquiries in this regard should give you an idea of how their practice operates. This isn’t just a matter of being modern or “cool.” A modern, efficient firm can provide more cost-effective (read: cheaper) services. It will also conserve natural resources, which may be important to you as well.
Finally, how secure is your firm? How does the client protect your confidential information and your attorney-client privilege? Do they have security policies in place regarding data encryption, cloud storage, emailing sensitive information, and employee laptops and smart phones?
These are just a few questions you could ask an attorney. You can probably think of more, and should add them to your list before you go in for your initial consultation.

Asking these questions will help you compare your options, if you are speaking with more than one attorney. Equally important, having clear expectations up front will help avoid misunderstandings and hassles down the road.

Good luck!

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wrongful death 3/26/2020

Can I File a Wrongful Death Claim in Texas for an Elderly Family Member’s Death?
In most of Texas wrongful death claims, there are often large financial losses that the family members who have lost a loved one may have incurred. And sometimes that wrongful death may go undetected (or even hidden) for a long period of time.

But on the other hand, in the event of a wrongful death of an elderly loved one who is living in a nursing home (which are commonly referred to these days as “assisted living” or “elderly care” centers) the comparative financial losses incurred may be less severe. But that does not mean that a wrongful death lawsuit against a negligent care giver cannot be pursued if negligence or some other civil tort was the cause. In such claims, damages sought are often for the emotional or mental stress experienced by the victim or the victim’s family. This and other physical pain and suffering can be compensated for through a wrongful death lawsuit in the event of an elderly family member’s wrongful, untimely death.

The Common Causes of Elderly Wrongful Deaths
Wrongful deaths that result in the passing of an elderly loved one can happen in a variety of ways. Most of them arise from the negligent behavior of healthcare givers entrusted with providing for such a person. All-too-often we see tragic news stories about unneeded deaths involving nursing home abuse or neglect. Lack of proper care can also be a contributing factor, such as when bed sores form and cause infection leading to a death. Additionally, your elderly loved ones may have suffered a wrongful death because of medical malpractice, in which the medical professional (doctor or nurse) responsible for their care can be held liable for their death, depending on the specifics of your parent or grandparent’s passing.

When it comes to medical malpractice suits, it should be noted that recent tort reform has made seeking compensation through such a lawsuit much more challenging than a few years ago. These changes were enacted in order to prevent frivolous lawsuits from being brought against medical professionals. But the changes also made it more difficult for a legitimate medical malpractice suit to be brought against a negligent medical or other licensed healthcare professional (or assisted living center).

And to further complicate matters, wrongful death medical malpractice lawsuits have certain financial “caps,” which means that surviving family members could only stand to see a certain amount in compensation if their insurance claim or civil case produces a successful outcome. And yet, with such a cap in place, the compensation received through such a claim is often less than what will usually adequately cover the actual damages. An experienced wrongful death attorney with our Law Firm can assist a family seeking compensation for their loss through other possible legal routes, especially if more than one defendant (a third party) is identified through an attorney’s investigation. So the financial shortfall sometimes experienced by the malpractice benefit caps in the wake of a medical malpractice lawsuit might be supplemented through legitimate third party negligence lawsuits to produce a more accurate total damage award.

Calculating Damages in a Wrongful Death Case
When specific financial losses have occurred, calculating fair compensation is relatively straightforward since a specific dollar amount is tied to the damages incurred. However, in a wrongful death case, the plaintiff’s lawyer must be able to justify the surviving family members’ (the plaintiff’s) amount of damages sought. And since emotional or mental stress, as well as pain and suffering (all known as “non-economic damages”) can often be quite subjective and subject ot interpretation, Almost universally, it takes the knowledge and assistance of an experienced Texas wrongful death lawyer malpractice attorney like those with our Law Firm to place clear value on these damages and help a plaintiff justify the total and true value of the harm they, and their recently deceased elderly loved one, has experienced to a civil judge and jury.

It is certain that the defendants in any wrongful death or medical malpractice suit involving a senior citizen will be disputed by the defendants’ their insurance company and the attorneys who represent them. They will without doubt try and paint a much less than threatening environment provided by their assisted care client than it actually is: then ask for complete relief, or a much smaller damage payment to the plaintiffs than they seek.

But the courts do take physical pain and emotional stress into consideration when awarding compensation in regards to a wrongful death, especially one that involves medical malpractice or elderly care. But it often requires the help of an experienced legal professional to ensure that a plaintiff is fairly compensated for their loss: either through fair negotiation or a civil trial should the latter be necessary.

Investigations into the Circumstances Surrounding the Death of an Elderly Loved One who Lived at an Assisted Care Center are the Sole Responsibility of Surviving Family Members
The cold hard truth of the matter when it comes to the death of an elderly person is this. Old people die. And because of this, something must be clearly out-of-line in order for that death to come to the attention of the County Medical Examiner. In two recent news stories on 60 Minutes, both of which surrounded the investigation of suspicious elderly deaths in Southern California and Louisiana nursing homes, it was discovered that less than five in 100 such deaths were even investigated by the Los Angeles County and Orleans Parrish Medical Examiners.

They just took the word of the doctor-of-record at each center that the causes of all deaths were natural and nothing out of the ordinary happened. So the attention of these medical examiners never came into play immediately after all of those deaths. Besides, they had backlogs of cases due to the fact that their undermanned and overworked staffs had plenty of on their plate already without opening that “assisted care center” wrongful death can-of-worms.

But when 60 minutes producers took a sample of suspicious deaths in both locations and investigated on their own, they found one-in-fifteen to be of “suspicious cause” and investigated further. Three of the Southern California deaths were found to have been caused by a minimum wage employee who was tired of “putting up with old people who complained all the time.”

This was a stark lesson indeed. And it underscores the problem that unless there are absolutely glaring inconsistencies in the death of your elderly loved one and it’s stated cause, a third-party investigator (like 60 Minutes) with solid experience in getting to the bottom of such tragic deaths is a necessity in proving malpractice or wrongful death of a loved one who died while living in assisted care.

our Law Firm has over 30 years of investigating wrongful death and medical malpractice cases. In addition to our solid investigative team, we also have an honor roll of medical experts who can get to the bottom of your deceased elderly loved one’s suspicious death. And if your fears have merit, our investigations are critical elements as we build the strongest medical malpractice or wrongful death case for you and your family.

The Current State of the Assisted Care Industry: and Why it’s Important in your Wrongful Death or Malpractice Claim
Choosing to admit your elderly loved one in a nursing home or some other assisted living center was probably a decision that you did not easily arrive at. And as you investigated the possible centers, attempting to choose the best one for your loved one, it is certain that you saw many that proudly pointed to happy residents who were active and well-cared for. But it is certain that with some of them, some “managed care centers” were little more than “managed image marketing.” And they do it quite well, especially to the uninitiated.

Monthly fees at assisted living centers range from $1,500 – $7,500: with the majority falling in the $2500-$3500 range. That’s well over $30,000 a year for “average” care. And rare is the instance where more than half that amount is covered by Medicare, Social Security or some other reasonably-priced supplemental insurance (all combined). The rest comes out of your family’s pocket. With so much money being spent, you certainly expect the best care and service possible for your loved one. Many times you get it, or seem to. But just as often, when you lift the veil and peek into the nursing home and assisted care industry, you’ll find that you don’t always get what you pay for.

Usually, no more than 10% of assisted living center employees make more than $35,000 a year (on-average). The rest serve as “assistants,” which is a nice way of saying “minimum wage employee.” These are the people who have the most contact with your elderly loved one. And their jobs are not easy. That employee in Southern California who was charged in those three wrongful deaths was just such a “minimum-wage point person” who just got tired of making $300 a week (with overtime) to perform a thankless and sometimes unpleasant job. When he was on trial, he said, under cross-examination, “I just finally had it with emptying bed pans and giving sponge baths to all those old people who did nothing but complain all the time.”

Under such environments like this, is it any wonder that so many wrongful deaths occur in assisted living centers? Like we said, what you are sold isn’t always what you get when the assisted care center, is either lax in its duty to care for your grandparents or parents, or the “suits” cut corners in trying to squeeze every dime out of their facility by cutting corners. And if their center’s negligence caused a wrongful death, they assume that their general chances were excellent that no one would listen to the complaints of these elderly patients, or their families because they were covered by medical examiner inaction. Had it not been for a private investigation their offenses would have never been detected.

Insurance Company Opposition to your Civil Damage Claims will be Very Aggressive
Just about every wrongful death lawsuit that involves medical malpractice will likely involve some type of insurance coverage for the assisted living center, the doctor-of-record and other healthcare staff members because the nursing home laws of the State of Texas require it. As a result, an insurer that holds such a prominent policy will likely attempt to do whatever they can to avoid being judged responsible for paying out damages in the event of wrongful death due to negligence by an assisted living center’s healthcare or general staff.

This callous behavior, even if the evidence clearly proves the insured party was negligent in causing the wrongful death rarely changes, regardless of the bereaved family’s obvious need for proper compensation. This is a prominent reason why your wrongful death or medical malpractice case requires aggressive legal representation. These insurers (along with their adjusters and the lawyers who defend the insurance companies in court) typically attempt to make such blame disappear and claim that “this old person died of natural causes,” then ask for relief from what they are certain to charge as a frivolous lawsuit.

Unless you and your Texas medical malpractice attorney wrongful death lawyer have meticulously built a strong case with relevant evidence discovered through a stringent investigation that can speak for your elderly loved one who now cannot, an insurer may be able to argue themselves out of liability for this unfortunate, negligent death, and get their clients off the hook of paying no compensation whatsoever to your family. And this means no justice against the defendant. It also means this defendant feels safe in continuing this reprehensible behavior against someone else’s beloved parent, grandparent aunt or uncle, and make their families suffer.

With over two decades of experience in taking on these types of insurers, our Law Firm is well-acquainted with their methods and tactics, and how to counter every one of them. This means that we can make sure that you’re treated fairly by the insurance companies that have no interest at all in anything other than keeping their money.

Wrongful Death and Malpractice Statute of Limitations in Texas
The statute of limitations for a Texas wrongful death lawsuit is two years from the date of death. While this period can be extended in certain situations if gross negligence can be proven, or if criminal charges have been filed against a liable party, a victim’s family most often only has two years to seek legal action against a liable negligent defendant. While this may sound like a long time, it is not that long when a thorough investigation must be conducted. Deaths surrounding elderly people historically take longer than normal because sometimes the forensic evidence or the document that produces the “smoking gun” against the defendant may be very deeply hidden. One trick we find in such situations is altered documents, usually excellent Xerox copies of original forms that have been altered. It takes a very clever forensic document expert to spot the one or two pieces of paper buried under a mountain of forms; just like you see on CSI; but the document expert spent hours for his fifteen seconds on the show. It’s very difficult, tedious and time-consuming, with a lot of dead-end trails leading to nowhere.

Some of these kinds of investigations can take more than a year, depending on the circumstances surrounding the death, the number of liable parties, and determining which liable parties will be able to pay their share of the damages. Plus, once we find the “smoking gun document” we have to convince the county medical examiner to reopen a closed case (which they are loathe to do to begin with) and perform an autopsy. This is why we respectfully suggest that if you have any inkling your elderly loved one died suspiciously at a nursing home or assisted living center, and you have no religious convictions that preclude preservation, take steps to preserve the body prior to burial so that the medical examiner can conduct a fruitful examination. If our investigation inspires the medical examiner to reopen the case, and the cause of death is ruled as not being from natural causes or specifically matches the forensic or documented evidence we uncover, you will suddenly have a very strong case. And it becomes quite possible that a negotiated settlement may be reached as none of the defendants want to end up in court against our overwhelming evidence of neglect.

The longer you wait to contact a Texas/ Texas wrongful death attorney, the more harm you may unintentionally be doing to your case. Evidence can disappear, or can even be removed by those who wish to avoid being held accountable for their actions, or covertly altered. Witnesses become increasingly difficult to track down. Or they may forget critical details in connection to the wrongful death. Or they may have been “encouraged” by defendants to “take a long vacation;” even take a job with their employer in another state. This is why it is critical for investigators to begin their work as soon as possible so your Texas wrongful death lawyer can build a strong legal case toward fair compensation for your loved one’s wrongful death.

Wrongful death cases in Texas are subject to the “discovery rule” which states that the two years does not begin until the time that a reasonably prudent person would have known they had a cause of legal action. A perfect example if the differences in this discovery rule would be to compare a fatal auto accident and a wrongful death at an assisted care center. Wrongful death from an auto accident usually doesn’t take very long to determine if someone’s negligence led to the death of your loved one. So the discovery process usually begins relatively quickly.

But on the other hand, imagine that your elderly loved one and dies due to complications from taking the wrong drug (or dosage) administered by a nurse at the assisted living center. Then, ten years after this death it is determined that the drug was defective and that this defect was a direct cause of your loved one’s death. There might have even been medical bulletins released during the time your elderly loved one was being administered this drug. In this case, the family could likely file a wrongful death claim (in this case, not only against the nursing home but the maker of the drug) even though the standard two year window had expired. The idea behind this is that the plaintiff-surviving family did not know that they had a case until years later: which would extend the statute of limitations.

All plaintiffs have the right to a reasonable period of “discovery,” which means a good investigation into the causes of such deaths. Keep this in mind, especially if someone with the assisted care facility tries to shuffle you off quickly after the sad event of your elderly family members passing. They may want to close things out quickly to avoid suspicion.

Another Example of How the Statute of Limitations Can Be Extended
In cases where the defendant deliberately concealed their involvement or culpability in a death, the statute may be extended to allow the family of the deceased to pursue civil action against the defendant. In some situations, this concealment may be criminal. Or the concealment may have been part of a larger criminal enterprise. When this happens, the defendant may also be subject to criminal charges in addition to civil charges. And when a defendant must answer criminal charges as well, it invariably strengthens your civil case, even if the defendant is ultimately exonerated in criminal court.

You may not know that, since healthcare records are also legal records, that if a wrongful death has occurred at a hospital or assisted living center, and the patient-record documents have been altered to hide negligence as cause of death, in addition to civil action, the healthcare employee (and maybe the employer) is also subject to felony charges of altering a legal document by citing “respondent superior:” which states that employers of their employees’ illegal acts while at work are, by legal-definition, every bit as responsible for the criminal action or inaction of their employee. And with all the public interest in the state of nursing homes and elderly healthcare facilities, the Bexar County District Attorney will be very interested if we find legitimate evidence of a criminal cover-up by a senior care center in the event of your loved one’s negligence-based wrongful death.

Texas/ Texas Malpractice and Wrongful Death Attorneys at our Texas Law Offices Can Help You in the Event of a Suspicious Death of Your Elderly Loved One
Losing a loved one can be an emotionally trying time, especially if they were advanced in years and endured suffering at the end of their time in your lives. If your elderly loved one suffered a wrongful death due to the negligence of a person or entity, you likely have merit in seeking compensation for your loss. Through a wrongful death lawsuit (or accompanying medical malpractice or defective product suits), you could stand to be compensated for your loss, but you will also be working to ensure that the guilty defendant is held accountable for their negligent behavior – in both civil court and criminal court if the latter applies – so that a future death does not have to occur as a result of their poor or careless decisions.

We have a bit of free advice if your beloved grandparent, parent, elderly aunt or uncle has recently passed, and you feel uncomfortable about the circumstances surrounding the passing.

When it’s time to make that last visit with the center’s owners to pick-up your loved one’s belongings and sign the legal documents that end your relationship with the center, review them very carefully. And if you see anything resembling a liability release form, consider that to be unusual under the circumstances and ask if them to provide a copy for your attorney to review, prior to signing it. In fact, maybe you should have a wrongful death lawyer accompany you to this meeting to give you his view of the situation and also review everything you should sign. Remember, deception and fraud can extend the statute of limitations. But a good investigative and legal mind can usually tell you right away if he or she “smells something fishy.”

Texas wrongful death lawyer our lead attorney and his Texas/ Texas team at our Texas Law Offices have 30 years of experience in litigating wrongful death cases arising from negligent elderly care centers. We can help you secure a fair settlement (or court judgment) for your loss, even if it might appear minimal or nonexistent at-a-glance, after your elderly loved one’s passing.

We can tell you this. If you have a just case in which – upon investigation – proves negligence contributed to the sad demise of your elderly family member at the center, contact our Law Firm at 1(800) 862-1260 (toll free) for a free legal consultation. We work on contingency, and can apprise you of all your practical legal options. With experience in bringing cases against every major insurer in the state, and with a strong reputation among many defense attorneys, our Law Firm is well-positioned, highly-respected, and a firm that assisted care centers, their insurers and lawyers strongly wish to avoid.

We’ll use our “rep” and experience to help you get the justice you deserve for your loved one’s untimely passing. Your grandparents or parents, elderly aunts or uncles lived rich lives. Don’t allow them to be victimized in their last days by negligent people who still took them from you too-soon.

drunk driving – drugs – 3/26/2020

Should the Drinking Establishment be Held Accountable?
Due to a lack of knowledge based on the issues involved, many people disagree with the notion that bars should be held responsible for the actions of the patrons they serve. Further, individuals also question how a drinking establishment can be held accountable for the patron’s actions after they leave the bar. The dram shop laws in Texas do not agree with this viewpoint.

Bars Must Provide for Everyone’s Safety
The dram shop laws of Texas expect the drinking establishments to act responsibly so that the roadways can remain safe for everyone. By holding the party that furnishes the drinks accountable, the amount of drunk drivers on the road is reduced. With the state adopted blood alcohol level of .08, the laws recognize that anyone who has reached this level is no longer capable of making his or her own decisions and has already broken the law of public intoxication. Most individuals who oppose the dram shop laws are unaware that it is illegal for drinking establishments to serve anyone who has reached this level. When a bar over-serves a customer, it has violated the law. Consequently, if the patron leaves the bar and injures someone in an accident, the bar can be held partially liable for the accident because of its negligent over-serving of the patron.

Did You Know?
Our Texas Texas attorneys have won hundreds of drunk driver accident cases. Call us today to discuss your case. 1(800) 862-1260

To obtain a liquor license, businesses and clubs must maintain compliance with the laws of Texas concerning the serving of alcohol. Just as drivers are expected to obey the traffic laws of the state in order to keep their licenses, drinking establishments must obey the drinking laws. The consequences that result from over-serving patrons can be disastrous and harsh penalties have been established to reduce the number of violations. However, this has not stopped some drinking establishments from selling as much liquor as they want to patrons in order to gain as much profit as possible. Inebriated drinkers want to continue drinking and this makes it easy for the servers to take advantage of the situation. In an effort to make the roadways safer and encourage the drinking establishments to avoid liquor law violations, they must be held accountable for over-serving.

Scientifically speaking, an individual’s inhibitions and ability to make rational decisions are disrupted by alcohol. Therefore, decisions made by individuals while under the influence of alcohol would not have been made had the individual been sober. Further, intoxicated individuals lack the reasoning ability to determine if they are capable of driving. As a result, the servers in drinking establishments must be held accountable for ensuring public safety.

Another area of responsibility for the drinking establishments is to ensure that their servers have the ability to recognize when patrons have reached the legal limit for alcohol consumption. Bartenders must be properly trained concerning the effects and dangers of alcohol as well as how to identify drunks who should be cut off before they are allowed to serve alcohol in Texas. Further, it is the responsibility of the drinking establishments to make certain that all of their servers have received this training. This is done to prevent any bartender from claiming ignorance of the law in an attempt to avoid liability for over-serving a customer before he or she became involved in a drunk driving accident.

The responsibility of the drinking establishment for the actions of its customers can be likened to that of a dentist who sedates a patient before removing his or her wisdom teeth. Due to the wooziness experienced by the patient after the surgery, the dentist must not allow the patient to drive home afterward. It is easy to see that if the dentist did let the patient drive home and the patient was involved in an accident, then the dentist should be held responsible. This same principle can be seen in relation to a drinking establishment’s negligence that contributes to the drunk driving accident.

Do Dram Shop Laws Hold the Drinking Establishment Completely Responsible?
Although untrue, many people believe that dram shop laws hold drinking establishments responsible for 100% of the damages that result from a drunk driving accident. Generally speaking, an experienced Texas drunk driving accident attorney will bring a legal action against the driver and the drinking establishment and attempt to recover damages according to their proportionate negligence for the accident. For example, if a customer is over-served and then goes out and injures someone in a drunk driving accident, the drinking establishment becomes liable for a percentage of damages that is determined by the court. If the injured party sustains a half of a million dollars in damages and the bar is found to be twenty percent liable, then the bar owes $100,000. The drinking establishment is never held 100% responsible. The purpose of dram shop laws is not to allow drunk drivers avoid responsibility for their actions but rather to make all negligent parties accountable for their roles in contributing to the occurrence of drunk driving accidents.

What Constitutes Proximate Cause?
The majority of those individuals who oppose the dram shop laws are aware of the impact of proximate cause on drunk driving accidents. In any drunk driving accident the proximate cause is the individual who indirectly contributed to the cause of the accident. Although this possible defendant wasn’t involved directly in the accident, he or she did something to make the accident happen.

To illustrate, if a driver swerves into oncoming traffic and another driver must swerve to avoid hitting him, which in turn causes this driver to ram into a storefront, the first driver is the proximate cause of the accident despite the fact that he was not actually in the accident.

Dram shop laws require that a bartender must be aware of the dangers of over-serving his customers and then letting them drive. If the customer injures or causes the death of another individual in a drunk driving accident, then the bar is the proximate cause of the injury or fatality.

Server and Bartender Responsibilities
Bartenders have a serious responsibility in the regulation of their patron’s drinking. As a result, the Texas Alcoholic Beverages Commission has set up rules and regulations to train bartenders and servers to be able to recognize patrons who are on the verge of inebriation and to stop the sales when they have reached the point of public intoxication. The goal of these laws in dram shop cases is to do whatever possible to ensure the safety of the public.

The law states that every establishment that serves alcohol must have a TABC liquor license and that all servers who are employed by a licensed bar be trained to know all the guidelines, rules, and expectations necessary to recognize the warning signs of drunkenness in patrons.

Additionally, drinking establishments have put policies in place describing how servers must track the alcohol consumption of various customers. Tally sheets, hand signals, electronic tracking systems, color-coded glasses or coasters are just a few of the methods used to monitor the quantity and potency of alcohol being consumed by the patrons.

For the most part, these methods are usually effective. However, there are those rare instances when other methods must be used to deal with intoxicated customers. In most cases, a manager will intervene to cut off service. There are times in which the matter becomes more complicated when the patron sneaks in a flask in order to consume more liquor than the bar will allow. When this occurs, the manager should confiscate the flask and cut off service to the customer. Further, food should be provided to customers to assist with the absorption of alcohol. Finally, the manager should arrange for a safe ride home for the patron. The only way the drinking establishment can avoid liability is to follow these steps.

Spotting Indicators of Intoxication
It is not difficult to recognize drunkenness and servers are expected to be on the lookout for it. This TABC requirement states that all servers should watch for signs of “obvious intoxication” in their customers. Signs such as slurred speech, falling asleep in a chair or at the bar, swaying while walking, sitting or standing, inability to express thoughts, and aggressive or violent behavior are all signals that the customer has had enough to drink and should be cut off immediately.

Recognizing signs of intoxication is more difficult with those who drink on a regular basis and “hold their liquor” better than others. In these individuals, the signs of intoxication are not as easily seen. It is for this reason that servers must make note of when they have served enough drinks to make the customer intoxicated. It is at this point, that service to the customer should be cut off. As a general rule, a patron should not be served more than two beers or glasses of wine or one shot or cocktail per hour. If this limit is exceeded, intoxication will very likely occur.

The Safe Harbor Defense
In cases where every precaution, according to TABC guidelines, was taken and the patron still becomes involved in a drunk driving accident, the drinking establishment can plead the safe harbor defense to avoid liability for the harm caused by the accident. However, it should be noted that the defense must be able to prove the bar met every state guideline in order to use the safe harbor defense. If they are able to do so, then the drinking establishment is provided immunity from any lawsuits.

On the other hand, there are drinking establishments that try to use this defense even though they have not met all the safety guidelines for responsible serving. This being the case, it is very important to have an experienced legal representation if you want to receive your deserved compensation from the negligent drinking establishment. The Texas drunk driving attorneys with our Law Firms have years of experience with dram shop laws and know how to perform a thorough investigation and conduct depositions that will be used to prove that the drinking establishments failed to fulfill their duty to serve customers in a responsible manner. Our firm can help you to prove your case and obtain the fair and reasonable compensation from the negligent drinking establishment that served the patron who caused your injury.

The our Law Firms Can Help
The basic rules concerning drunk driving accidents in Texas are fairly straightforward. However, the actual resolution of cases involving dram shop laws can be very challenging.

Drinking establishments that do not uphold their duty to serve their patrons responsibly should be held accountable for their liability in contributing to a drunk driving accident, injuries or death. Unfortunately, this is not an easy task and it should not be attempted without experienced legal representation. The Texas drunk driving attorneys with our Law Firms can provide the assistance that is needed in these cases. Give us a call today for a free consultation at 1(800) 862-1260 (toll free) and we will be happy to answer any questions you may have regarding your case and provide information on how we can help you recover from the injuries you have incurred.
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Fentanyl Pain Drug Accident Injuries and Fatalities – Were You or a Family Member Harmed by this Powerful and Addictive Drug?
Fentanyl is a powerful pain medication – 100 times more potent than morphine. It is often used to treat chronic pain in cancer patients. Fentanyl is also used in surgery and ICUs as both an anesthesia and analgesia, typically in conjunction with benzodiazepine in which the two combine to be a potent painkiller.

While Fentanyl can be received through a lozenge, nose spray, or inhaler, its most common method of introduction is through a Fentanyl timed-release trans-dermal pain patch whereby the drug is administered through the skin and released into the blood stream over a time period of 48 to 72 hours.

Unfortunately, the power of this drug that brings relief to thousands of pain sufferers across the state also has the ability to cause death if it is administered improperly, if taken by those without need for it, or if a Fentanyl trans-dermal patch leaks. In fact, the Food and Drug Administration has received hundreds of reports regarding Fentanyl fatalities due to fentanyl gel leaking from the patch, causing patients to overdose when they receive much more of the drug than their bodies can handle. Multiple fentanyl lawsuits have been brought against various manufacturers for their involvement in fentanyl deaths in the past few years: including several class-action lawsuits.

Several Major Fentanyl Duragesic Patch Recalls Have been Made Since 3004
A number of fatal Fentanyl overdoses have been directly tied to the drug over the past several years: most of them pertaining to the time-release patches. While the narcotic itself that is contained in the patches was safe, a excessive amounts of Fentanyl ended up being absorbed by patients, resulting in life-threatening side effects and even some deaths. Consequently, the makers of Fentanyl have issued multiple recalls for the Fentanyl trans-dermal patches. But even though recalls may be in effect, the manufacturers of these patches are still responsible for their products that are still circulating in public.

In 3004, Janssen Pharmaceuticals issued the first recall of Fentanyl due to possible leaks in one lot. The company later recalled additional lots for the same issue, known as “fold-over defects.” Other defects were later discovered by the FDA, known as “stringer leaker” defects.

In February of 3008, Alza Corporation recalled about 32 million Duragesic patches due to the fact that small incisions in the gel packets could cause leakage leading to Fentanyl overexposure to patients. Even small amounts of exposure to the drug could cause death in people considered intolerant to opioids.

Just a few days following the Alza recall, Actavis Inc. recalled 14 lots of Fentanyl transdermal patches. In late 3008, PriCara, a Johnson & Johnson unit, recalled Duragesic pain patches due to leakage issues that can lead to Fentanyl overdoses. Other affected Fentanyl manufacturers who have also issued recalls include the international pharmaceutical corporations of Sandoz and Cephalon, Inc.

Fentanyl Brand Names and Alternative Delivery Systems
Some of the recognizable brand names by which Fentanyl (or Fentanil) is include:

Durogesic or Duragesic, made by Alza Corp., a subsidiary of Johnson & Johnson;
Generic versions of Duragesic are made by Sandoz, Mylan, Watson, and Actavis;
Actiq, a Fentanyl lollipop made by Cephalon, Inc.;
Sublimaze, made by Janssen Pharmaceutical;
Fentora, made by Cephalon, Inc.;
Onsolis, an inner-cheek Fentanyl adhesive made by Aveva Drug Delivery Systems;
Instanyl, a Fentanyl nasal spray made by Nycomed;
Abstral, sublingual Fentanyl tablets made by ProStrakan, Inc.;
Fentanyl patches are sold in five different dosage strengths: 12.5 mcg/hr, 25 mcg/hr, 50 mcg/hr, 75 mcg/hr, 100 mcg/hr. Patches deliver Fentanyl continuously for three days.

General Fentanyl Side Effects
The side effects of long term Fentanyl usage can include any of those listed below. If one is suffering from an overdose, any of the following symptoms can become highly acute within a very short period of time:

Abdominal pain
Anxiety
Confusion
Constipation
Difficulty walking
Dizziness
Drowsiness
Dry mouth
Headache
Indigestion
Itching
Nausea
Vomiting
Weight loss
Severe Fentanyl Side Effects can Include:
Allergic reactions
Rash, hives, swelling of mouth, face, lips, or tongue
Hallucinations
Rigid muscles
Seizures
Slow heartbeat / irregular heartbeat
Slowed breathing
Trouble breathing
Weakness

Actiq Lollipops
In addition to the issues outlined above in regards to Duragesic patches, the active ingredient in Actiq lollipops is also fentanyl. And the drug has also caused these candy-flavored suckers to become problematic in regards to proper prescription and safe usage of this particular type of painkiller. While Actiq has been found to be highly beneficial toward assisting acute pain sufferers in receiving relief in a short amount of time, these Fentanyl lollipops have reportedly been improperly prescribed to patients who are not suffering from severe pain. It is also common for those who are legitimately prescribed this pain medication delivery to overuse the narcotic.

Consequently, the overuse of Actiq lollipops has resulted in injury and harm to those who never should have been prescribed the drug in the first place. Additionally, Cephalon, Inc. has been questioned as to its marketing practices for the drug and been forced to answer allegations that they describe the drug as purposeful for such common issues like headaches or chronic back pain. Actiq lollipops are intended to be used only by those suffering from pain related to cancer. However, such patients account for only a small portion of users of Actiq. Those who suffer serious consequences as a result of using Actiq due to the misleading of a doctor may have grounds for a medical malpractice lawsuit in Texas.

What Sort of Liability Lawsuit Might be Filed on Your Behalf
Depending on the circumstances surrounding your case, your general legal options find you filing a malpractice suit against the doctor or other prescribing medical professional who, through negligence, mis-prescribed fentanyl to you: maybe the lollipops for pain other than that normally associated with cancer treatment pain management. Maybe it was prescribed because you have terrible migraines or some other chronic condition and the physician read in some bulletin that fentanyl might be advisable; but did not consider your entire pain management regimen.

The other option surrounds defective Duragesic patches that might have done you extensive harm. Compensation relief is usually sought in such cases through a defective product lawsuit.

Drug Companies, Doctors and Their Insurers Will Fight your Negligent Liability Case Very Aggressively
When you take on the “medical industrial complex” you must accept one thing. The healthcare industry has very deep pockets and some of the most powerful insurance companies on the planet to protect them from lawsuits. These insurance companies also have very good lawyers either on-staff or on permanent retainer. And the moment they know you’re on the warpath against their employers (and the doctors and drug companies they underwrite) be prepared for a back alley fight by people who don’t like to lose and aren’t used to being beaten.

Another thing to consider, especially if you are considering a malpractice lawsuit is the fact that recent tort reforms in Texas now limit the damages that can be paid by any guilty negligent healthcare provider to $250,000. So if the worth of your lawsuit exceeds this amount, you have little chance of receiving what you ask, even if the medical defendant ends up being guilty of the charge of malpractice.

Class Action Product Liability Suits: We Represent You, Not Someone in Some Far Away State
These days, if you watch any television at all, you can’t avoid seeing some of the many lawyer commercials who are “trolling for clients” who might have been hurt because of some substandard product. Lately, a lot of them surround defective product class action suits on behalf of those harmed by Fentanyl Duragesic patches or Actiq lollipops. But if you take time to read some of the fine print at the end of the commercial, you will note that the lawyer of record is in California or New Jersey or some other state outside of Texas.

This is likely a commercial for a defective product class action lawsuit. A class action suit is just what it sounds like. It involves a “class” of people, in this case, those who have suffered an injury of either the same type, or at the hands of the same manufacturer, and suing that manufacturer as a group. Class action suits have their advantages in some states because a large “class” of plaintiffs often gets more attention and interest from the courts when filing their case and can be placed higher on the court’s docket. Then, when the class action suit wins (or their lawyers have settled) all plaintiffs get to take a fair piece of a very large monetary compensation package. Some class action suits have produced eight and even nine figure injury awards. A class action suit can be a remedy, if you can find enough people who have suffered the same injuries or have the same manufacturer in their cross hairs. But it’s not one of those situations where you just get on the filing list, hoping to get a nice payday when it’s all over.

The law firm who produced and aired the commercial will often recruit a firm or two in each state where the commercial appears, because that lawyer is not licensed in that state. Many times, these “front” attorneys in each individual state do almost no work when it comes to preparing the case, but still get a nice fee to do little more than “client intake” work. The way we see it, such intake firms are really getting nothing more than a sales commission, not actual legal fees. All that these “intake firms do is interview prospective plaintiffs to the class action suit, fill out forms, maybe take a deposition or two, send the paperwork up the line, then get a “cut” of the legal fees for their minimal contribution to the class action lawsuit.

We’ve been approached by many out of state class action firms many times. But we decline all overtures unless we do real legal work on behalf of OUR clients that we take on the case’s behalf. Short of that, we don’t bird-dog for other law firms. There are synergistic elements to class action lawsuits that can make them very satisfying to the law firms that are truly involved and not just pushing papers (and clients) up someone else’s line. We also believe this kind of “faux legal representation” is not always ethical. Sometimes the out of state attorney-of-record might have the sort of reputation we are uncomfortable with. And we are all judged by the company we keep.

We have enough experience by ourselves to handle a class action product liability suit. And we have been the attorneys of record in class action suits in the past, when it was appropriate. But we prefer to be the primary counsel of record. With the help of a defective drug attorney with our Law Firm, your case will be investigated, argued and judged on its own merits: not lumped in with others that could ultimately endanger your rights. Plus, if the class action case you’re involved in turns out badly, there’s a pretty good chance that double-jeopardy might attach itself to it and you have lost your only opportunity at winning rightful damages. That’s why you will never be someone else’s number to us. So if you see a commercial for an out-of-state lawyer, think of what you might be getting yourself into and call someone local. It’s always your best bet.

Call Us Today
defective drug injury lawyer our lead attorney and his legal team at our Texas Law Offices can help if you or a loved one has suffered physical injury resulting from a defective Fentanyl pain patch or the mis-prescribing of Fentanyl when the facts of your medical problem did not justify it.

our Law Firm has over 30 years of quality and successful experience in handling personal injury litigation regarding medical malpractice and defective product prescription drug cases. If you or a loved one has been a victim of Fentanyl or any other dangerous or defective drug, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds victims in Texas. And our experienced injury lawyers can help you win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll free) or fill out the form at the top of this page for a free consultation to continue your road to total recovery and resume your life.
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Texas Lawyer our lead attorney Discusses Pharmacy Errors, Pharmaceutical Mistakes & Pharmacist Malpractice
In the world of modern medicine, pharmacy error accounts for about 10,000 deaths and several times that number of serious injuries every year. Studies estimate that as many as 1 in 30 prescriptions are incorrectly filed. Even in cases when the mistake does not directly cause injury to a patient, it does prevent that patient from receiving the medication he or she needs.

This is one reason why there are virtually no victimless pharmaceutical mistakes. pharmacy malpractice attorney our lead attorney is here to tell you how these cases work, what you are up against and how an experienced, unruffled attorney can benefit your claim.

Pharmacists are the final line of quality control between your doctor and you, the patient. Doctors write the prescriptions. Pharmacists fill them. And there’s more to the job than mixing pills in a bottle properly. They also compound medications from time-to-time as well as counsel and teach people about them. Sometimes instead of going to a doctor for a minor pain or to learn more about a specific drug you’re taking, you talk to your pharmacist. But sometimes they can be careless or negligent. There are several professional areas of responsibility where pharmacist negligence could cause you harm. They can incorrectly dispense the wrong dosage, or give you the wrong medication, or incorrectly transcribe the wrong dosage or other instructions that go on your medication container.

There is a pharmacist shortage in this state that approaches the critical stage. This is why , pharmacy technicians and other support personnel are used to stretch the limited number of pharmacists available; especially among the largest pharmacy retailers in the state. These “Pharm-techs” must be supervised by a pharmacist, without exception!. Pharmacist negligence involving supervision causes many medication errors each year.

Because of these responsibilities, there are four areas in which a pharmacist (and by-definition, his or her employer) can cause medical malpractice (with pharmacy error being a sub-category) and be found legally negligent:

The compounding of prescribed medications.
The dispensing of prescription medicines.
Teaching and counseling their customers.
Improperly supervising the employees who work for them.
It’s sometimes very difficult to tell if a health problem you are experiencing might have been caused by negligence by your pharmacist. But an experienced local malpractice lawyer can help you determine whether or not it might be the case.

Pharmaceutical Errors Typically Fall in One of Two Broad Categories
There are two primary ways in which pharmacy errors of negligence will trigger a malpractice investigation. They are:

When a doctor commits an error writing a prescription, leading to a patient receiving the wrong medication or an incorrect dosage of the correct medication.
When a pharmacist commits an error (in any four of the areas previously mentioned) in filling a prescription, resulting in the same issues.
Note that a third option is not listed. We are not including any problems relating to the prescribed drug itself, so long as the prescription was correctly written, dispensed and filed. Those injuries fall under product liability claims. And those are sought separately against the drug’s manufacturer.

The type of lawsuit you must file depends on the type of pharmacy error committed, though in either case, you will be filing a medical malpractice claim. In some cases, you will be filing a case against both the doctor and the pharmacist if they both committed a mistake. Either way, the simple answer to your quandary is your need for an experienced legal professional.

Medical malpractice lawsuits are some of the most complex in the personal injury world. In the 30+ years that our Texas Law Officess has been practicing, we have heard of many people trying to represent themselves in medical malpractice cases. And we’ve yet to hear a success story. Medical issues are extremely complex. These cases often involve assistance and testimony from expert witnesses in order to grant legitimacy to your negligence claim. In addition, lawmakers recently revised many of the laws surrounding medical malpractice claims in order to make medical professionals more resistant to lawsuit. This tort reform established a number of specific conditions which your case must meet in order to be successful. And if you are, there is a cap on the amount of money that any jury can award; even if it would like to give you more. We’ll talk about all of these difficulties again in a bit. But a non-attorney has little – if any – understanding of or experience with these conditions, much less how to meet them. And few under-experienced attorneys are willing to even try

But you are not without a stout-hearted ally. pharmacy malpractice lawyer our lead attorney of our Law Firms can help you build the strongest possible pharmaceutical malpractice lawsuit. He is intimately familiar with medical malpractice laws: both before and after the recent tort reform and has successfully resolved hundreds of medical malpractice cases for his clients.

Pharmacy Malpractice and the Investigations that Unmask it
Medical malpractice is a broad term that covers the types of cases that can find any of the following healthcare providers (and their employers) as defendants against an injured plaintiff.

They are:

A primary-caregiver (doctor) or surgeon, anesthesiologist or obstetrician.
Any nurse, or specialized hospital technician, who was involved in the injured patient’s care.
Chiropractors and some aftercare therapists.
The hospital or healthcare facility itself.
Dentists, dental hygienists and other dental care specialists.
A nursing home attendant.
A private nurse.
A pharmacist or pharmacist assistant.
It makes no difference if these offenders worked alone or together, whether they were aware of anyone else’s error or not. If they helped produce additional injury, illness in the patient, or created further pain and suffering, the victims of that malpractice (or the surviving family members if the negligence caused a death) can seek damages from each liable party, in proportion to their contribution to this pharmacy malpractice injury.

One reason that malpractice lawsuits are often the most challenging forms of personal injury or wrongful death cases that you will find in Texas is the simple fact that the medical profession is by its very nature, highly technical and very sophisticated. In short, a lot of finger-pointing goes on between multiple defendants. And players can even change sides if, for-example, you begin filing a claim or lawsuit against a pharmacy corporation, and then an FDA warning bulletin is released saying the drug in question is not safe. Then suddenly, your corporate opponent becomes an ally against the makers of the drug. That scenario aside, laying the proper blame for a pharmacy error can be a very difficult order for your legal investigative team. These are only a few of the many reasons why injured victims have no better than a miniscule chance of winning a Texas pharmacy malpractice claim without the legal help of an experienced lawyer.

A skilled attorney knows how to locate and retain the ideal pharmacological experts to thoroughly review your prescription records, determine whether your lawsuit is justified and then back up your claims in court. These experts can also help determine the degree of liability from everyone who was involved in your inferior prescription malpractice case. Our experienced attorneys have the means and the skill to apply that thorough investigation of your claim and assemble this evidence into an effective strategy that gives you the best chance to be compensated for your damages.

The Even Greater Difficulty of Proving Pharmacy Malpractice in Texas
All personal injury lawsuits have their difficulties. But there are several that are unique to any malpractice case when a plaintiff decides to seek compensation for an injury through a Texas malpractice lawsuit. Probably the most prominent impediment is the limit on the amount of damages that can be awarded in malpractice-related injury lawsuits for your pain, suffering, medical bills, lost wages and other appropriate damages.

Almost ten years ago under a cause they called “tort reform,” and due to intense pressure by doctors, the insurance industry and their lobbyists, the Texas legislature passed several laws which together, have clearly tilted the medical malpractice playing field in the favor of the doctors, pharmacy corporations and their workers. Simply-put, when it comes to any malpractice civil case, with very few exceptions, there are now some damage award caps. That means if a pharmacist is legally liable for $500 thousand in damages, the judgment awarded will be no better than half that amount. But there are remedies for this “damage cap” challenge which we’ll discuss in a moment.

As the plaintiff in a civil case, the victim of medical malpractice (or the family survivors if the negligence produced the death of a loved one) bears the burden of proof in any civil lawsuit in Texas. You the victim, along with your malpractice lawyer, must prove that one, or several, medical defendants caused your injury. And it is the plaintiff/victim’s responsibility to seek legal action against that liable party. You can’t simply wait around to be reimbursed for it from those who were negligent in your care out of the goodness of their heart. You must force them to pay, either in court or out-of-court negotiations.

It is possible that some other negligent medical professional was involved in your injuries that the pharmaceutical malpractice merely amplified. There could be several other defendants. We’ll never know until we investigate your injuries. But one thing is certain. All defendants in any sort of malpractice claim or case believe that they owe you nothing unless you legally compel them to properly pay for your damages through a personal injury or wrongful death lawsuit. And in order to force those liable for your injuries to pay you fair compensation, your local medical and pharmacy malpractice lawyer must build a compelling case; using strong and substantial evidence that forces all liable parties to accept responsibility by proving the parts they played in your injury

Medical Professionals Owe You a Very High Legal Duty and can Sometimes Violate that Duty Inadvertently
In malpractice, a legal duty is described as a “standard of care,” as opposed to most other legal duties that simply involve standards of behavior. Medical professionals owe their patients a certain standard of care that is in proportion to their peers’ standard of care. More simply-put, doctors and all healthcare professionals must treat their patients as others in their same field of specialization would treat theirs. Due to its superior position in society, the medical profession is held to a much higher standard since these professionals receive years of highly-specialized (and very expensive) training. Doctors receive up to 10 years of education and extremely rigorous certification in order to be qualified to safely treat their patients. They are also supposed to acquire what is hoped will be a great sensitivity to their patients’ physical and emotional needs during that care. This is why society in-general needs for its medical professionals to not only be knowledgeable when it comes to their ability to properly and correctly care for a patient. And though lesser-educated medical professionals might have a modestly lower standard of care, pharmacists are generally held to a higher standard of care usually reserved for doctors; since licensed pharmacists receive up to six or seven years of formal education in pharmacology and must continue their education as more, and more sophisticated drugs are released to the public, in order to retain their accreditation.

Once a standard of care has been legally established, the next duty of the plaintiff in a malpractice case is to clearly prove that the responsible medical professional (in this case the pharmacist or one of their employees) who violated that standard of care is particularly liable for your injuries. But very few people have even the minimal required knowledge to understand, or even know, why a pharmacist chose to do what they did. This is why expert witnesses and other experts must be retained by your malpractice lawyer to determine whether or not any pharmacy professional has violated their professional standard of care. These expert witnesses, usually doctors and pharmacists themselves, must have years of parallel experience in the same fields as the defendants in order to be of value to your Texas pharmacy malpractice claim.

Specialized witnesses properly and accurately determine whether or not a standard of care was violated, by whom, and the degree of that violation. We can help you locate these expert medical witnesses, either in Texas or across the U. S. in order to clearly prove your allegations that a pharmacy professional actually breached their required standard of care. This is vital if your malpractice case is to be a success.

How Tort Reform has Changed the Texas Malpractice Landscape, Especially When it Comes to Collecting Damages
As we mentioned, one of the real-life challenges to full compensation in medical malpractice is the “damage cap” limit. This is why it is most important to have an excellent investigative team on your side that can identify every liable party to your malpractice. If three medical professionals are found to have been negligent in your care, the chances of receiving reflective compensation go up by combining the damage amounts from all three defendants.

But in each individual case, “non-economic damages” (such as pain, suffering, lost future income and the like) are capped at $250,000. “Economic damages” (the actual cost of your medical bills as a result of the malpractice) must be specific and may not be punitively raised.

Before tort reform, anyone could sue any medical or pharmacy professional for as much as they wanted and there was no limit to the amount they could collect. At times, this led to juries awarding unreasonable damages. But, aggressive medical, pharmacy and insurance industries pushed back, along with the legislators they influenced, with a series of laws that helped medical industrial complex, but failed to adequately address the problem of legitimate malpractice victims. So the result of creating damage caps ended up benefiting these powerful industries to the detriment of malpractice victims who have legitimate damage claims.

Today, it’s much more difficult for any malpractice victim to recover true value, in both the short and long run, of their injuries, pain, suffering and lost wages from any single malpractice civil action, including pharmacy malpractice plaintiffs. That’s why it’s so important for your Bexar County pharmacy malpractice lawyer to fully investigate all features of malpractice. As we mentioned, other caregivers may also be responsible for those injuries.

We’ll talk more about the insurance companies that the pharmacy-industrial complex uses against you in a moment. But we do want to tell you now that Texas tort reform benefit caps also make the insurer behave more arrogantly in negotiations. This should give you an idea how hard it is to negotiate a fair settlement with these companies. Damage caps embolden malpractice defendants, their attorneys and the insurance companies to act more belligerently toward your case. They know it’s easier to bully you into accepting a ridiculously low settlement, especially if you’re representing yourself or your legal counsel is inexperienced. They’ll lead you down the painful path to defeat.

Your Opponents: A Large Pharmacy Retailer and Their Insurance Companies
How many large corporate pharmacies do you see when you drive around town? We can think of three mega-pharmacy companies that have about 2/3 of the national prescription market locked-up. And they have an arrogance about them, especially when you try and get them to right a wrong; especially if it involves them paying you for legal damages. These companies (and all pharmacy chains. But for a few holdouts, the local pharmacy landscape no longer has any more “corner drug stores.” These corporate megaliths have the best lawyers and the highest-priced insurers to run to their rescue when one of their employees harms you. And they know they are responsible due to the legal notion of respondent superior which basically means that while those employees are on-duty, the corporation that employs them are ultimately just as liable as the employee (and pharmacist) who made the critical prescription error.

The insurance companies are excellent and aggressive at defending these negligent pharmacies as well. Their adjusters are just as dangerous to a malpractice victim as the defense lawyers who represent their companies; maybe even worse. Adjusters’ goal is to help their employer, not you. They are interested solely in saving their companies money by denying your claim or underestimating the cost of the malpractice, or placing obstacle after obstacle in your way and make that just compensation just barely out-of-reach. An adjuster acts like your sympathetic friend and constantly assures you that all of your needs are met; only to cut you off at the knees when it’s time to pay-up.

Insurance adjusters are very clever. They ease you into a false sense of security. Often they might innocently try and record you saying something that is later twisted into sounding like your filing a nuisance lawsuit, or that your real injuries are not as bad as you legally claim. Remember, insurance companies are in business for themselves, not you. Some unscrupulous adjusters even convince uninformed injury victims of any type – often deceptively – to sign away the legal right to sue in exchange for a small settlement that never comes close to compensating the victim’s injuries or other losses from an case of pharmacy malpractice.

There’s only one way to stop insurance adjusters in their tracks. Hire an experienced Texas/ Texas pharmacy malpractice lawyer. That way you don’t have to deal with them at all. Our clients know that adjusters deal with us. And they can record us all they want. We’ll never say anything that can come back to haunt you. And the words you don’t say to an adjuster, no matter how innocent, will never be used to hang you in court.

Insurance companies are even prepared to fight your claims before malpractice even occurs. Their experienced attorneys are either on staff, or permanent retainer. They’re just waiting to take on personal injury claims because they do it for a living. They specialize in cases like yours and know every trick imaginable to tilt the case in favor of their insurance company employers. This is why you mustn’t hesitate in finding a , Texas pharmacy malpractice law firm to help you. You only get one bite at the compensation apple. So you must make it the proper one because once you’ve taken it, you’ll never get a second bite.

Your Pharmacy Malpractice Case and Civil Trial Juries
No more than a third of all personal injury claims in Texas actually make it to the courtroom. The rest are either dismissed due to technicalities (possibly from the actions of inexperienced plaintiff attorneys) or result in a negotiated settlement. In the world of personal injury, trials are the last, and least attractive, resort. Every avenue of reaching a fair settlement has been exhausted, usually because the defendants and those who represent them resist. A trial is the only way left to sort it out. Now we mentioned a few paragraphs ago that tort reform damage caps might make insurance companies in malpractice cases less-willing to settle. But if the malpractice investigation reveals obvious negligence (which is relatively easy to prove in court if the case is strong) and your damages appear to fall under that cap amount, the odds of a settlement are better. Pharmacy malpractice insurers also know that trials cost money and time and if the evidence is against them, it’s an unattractive gamble. So it eventually comes down to the question of, what costs the insurer more: losing the case in court (on top of the trial’s cost) or a fair settlement?

So it’s possible for both sides to see reason and settle because when it comes to civil juries, you just can’t trust them to do what you hope. Registered voters are chosen as potential jurors in both civil and criminal cases. When they show up for jury duty, it’s usually reluctantly. And if they’re chosen, these empaneled citizens would rather have a tooth pulled than be cooped-up in a courtroom, listening to a bunch of lawyers drone on-and-on about your complicated legal case. They find it hard to constantly have to pay full attention to minute facts surrounding a technical malpractice case. And malpractice trials involve a lot of technical experts who aren’t very engaging when it comes to explaining complicated things with polysyllabic words that are hard for some jurors to understand. We’ve see jurors “rest their eyes” a few times. And once or twice we’ve even heard a juror quietly snore.

The ambiguity of juries alone is enough for most to appreciate why a jury trial is a very risky proposition for both sides. And it’s not hard to appreciate why only around 10 percent of all civil cases eventually reach their logical end with a verdict. Yes, the longer the legal argument goes on between plaintiff and defendant, the better a fair settlement looks to both. Many times we and our clients agreed to 11th hour settlements and they are typically worth the protracted effort.

Enlisting the Assistance of an Experienced Pharmacy Malpractice Lawyer is the Smart Move
We hope you don’t learn too late that you should have hired a capable local pharmacy malpractice attorney after an insurance company and its attorneys have destroyed your claim of liability: because as we’ve mentioned, you won’t get another chance.

You now know that in Texas, malpractice lawsuits (and pharmacy negligence in particular) are very complex and pose too many obstacles for a victim to represent themselves, or unwisely choose the wrong legal counsel. The amount of information you must first find, then present in order to prove your claim is a huge burden. The crucial ability to properly investigate the facts of the case and call on expert witnesses, not to mention the skill to see a complicated malpractice lawsuit through to a successful damage award, is clearly beyond the limited legal knowledge of a layperson, as well as the many law firms that do not specialize in personal injury. And sadly, tort reform has thinned-out the number of law firms who are willing to represent plaintiffs in malpractice cases.

But we do have some valuable free advice for you, regardless of what malpractice lawyer you hire.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact an experienced attorney. If you contact us for a free consultation, we will quickly tell you all your legal options and how we can help you recover the rightful damage compensation for all harm done you by every negligent healthcare defendant who’s liable for this malpractice.

Once our Law Firm is on the case, we will:

Help you seek proper medical attention if you still need it.
Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your Texas pharmacy malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert witnesses to testify on your behalf.
Deal with all communications with all involved parties (including aggressive insurance adjusters) compose, receive and manage all correspondence. In other words, we take care of ALL the paperwork and every contact.
Clearly prove all parties’ liability and the damages they caused to win the best and fairest compensation amount for your pharmacist’s negligent injury.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best case possible for you in court if a trial is necessary.

We are Here to Help You Forcefully Defend your Malpractice Compensation Rights
Rare is the instance where these medical defendants are not covered by various insurance policies. And though this is good news because you know the money is there to compensate you, it’s certain that a malpractice lawsuit which is filed against any (or multiple) liable parties will draw aggressive opposition from every insurance corporation involved in the case. If you or a loved one has suffered injury or illness as the result of pharmacy malpractice, contact the malpractice attorneys at our Texas Law Officess for a free and confidential consultation. Our toll-free number is 1(800) 862-1260. Or you can fill out the contact form by clicking the Contact button at the top of this page.

We want to help you win justice and the compensation you need for your full recovery, and hold every negligent healthcare professional responsible for their negligent behavior so this won’t injure or harm other unsuspecting patients in the future. If your claim is legitimate and your injuries are significant enough to reasonably justify bringing a malpractice claim, we can share the actual merits of your case with you and outline the steps that we need to take together in order to realize success.

The experienced pharmacy injury attorneys of our Law Offices have over 30 years of experience in calculating, then proving, the correct amount of our clients damages, in addition to aggressively representing them against negligent healthcare professionals of all types, their well-funded employers, insurance companies and the powerful lawyers who represent them. This enables you to receive the fullest and fairest negotiated settlement, or civil trial award for your malpractice-related damages. We can help you on your road to recovery. And the damage compensation we can win for you is vital to you and your family’s healing.

Pharmacy companies and healthcare providers, along with the insurance companies that protect them know how successful our firm has been. So, when they learn that we are on your team, they may offer you a sizable settlement just to avoid facing our attorneys in court. We are dedicated to doing whatever it takes to get you back on your feet as quickly as possible. So if you or someone you love has been hurt due to a pharmacy error, contact pharmacy malpractice lawyer our lead attorney and his Bexar County associates with our Law Firms today. Let us help you seek the settlement you need and the justice you deserve.

our Law Firms can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions, and harm some other unsuspecting patient.