Malpractice & Vehicle Accident & legal glossary 3/26/2020 – gtg

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.

The experience of our Law Office 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 if the harm 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 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 involves 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 the required information, such as your name, address, and how the accident happened, do not talk to anyone 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. Our Personal Injury Firm is experienced at unraveling the complications and chain of events leading to the accident, which include an 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. Our attorneys will take every step necessary to obtain 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
Our Firm represents 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 Our Office Today
We take 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 call to schedule an appointment for 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.

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Legal Terms – Glossary

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 set 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 that 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 that logically lead to a conclusion of fact.

exclusionary rule – The rule that excludes, from the 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 a 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; an 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 a 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.

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 personal injury laws. Our Law Firm will help in this regard, so that you can protect yourself and seek relief.

Our attorneys handle 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. Our 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, Our Law Office will try to prove liability by the defendant. While the majority of personal injury cases are settled outside of court, as experienced litigation attorneys, we will represent you in court, should the parties fail to reach an agreement.

If you need help with a Personal Injury Case, please contact our office 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. Our Law Firm 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 our attorneys so that we can help protect your interests. We 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 owner 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 our office 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 with a slip and fall case, please contact our office 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. The severity of 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 proven 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 the 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) were 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 and procuring of accident report), location of place of accident, and events leading to the auto accident. You should 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 or person concerned was 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. It is important that you immediately obtain medical care from doctors, otherwise, you may not be able to obtain benefits for your injuries.

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Vehicle accidents are common and these can happen to all drivers, 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 lawyers who have taken the time to study the ins and outs of 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 vehicle accidents. Even cautious drivers themselves can be placed in the middle of a vehicle accident. The article below contains a series of steps that any person can use when 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 an accident resulting in 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 an 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 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 vehicle accident, 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 car accident law, drivers should not admit fault right away as opposed to taking the blame for everything. The 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 anyone 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 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 assured 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 advises 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 this 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 fewer 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 interest 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 dried. 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 officer 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 12,000 miles on it?
If you answered yes to any of these questions, then, unfortunately, Lemon Law does not apply to you. 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 12,000 miles on the odometer. And it only applies to the original owner – no used cars allowed.

Seems backward, 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 the 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 as 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 upfront. 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 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 to 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 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 smartphones?
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 upfront will help avoid misunderstandings and hassles down the road.

Good luck!

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drunk driving – drugs – 3/26/2020 – gtg

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.

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.

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 Firm can provide the assistance that is needed in these cases. Give us a call today for a free consultation 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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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 are 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 to 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.

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 Firm can provide the assistance that is needed in these cases. Give us a call today for a free consultation 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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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 Firm 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 fair and reasonable compensation from the negligent drinking establishment that served the patron who caused your injury.

Our Law Firm 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 Firm can provide the assistance that is needed in these cases. Give us a call today for a free consultation 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 bloodstream 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 transdermal 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
A number of fatal Fentanyl overdoses have been directly tied to the drug over the past years: most of them pertaining to the time-release patches. While the narcotic itself that is contained in the patches was safe, 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.

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.

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. 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.

If you have been harmed or lost a loved one to this drug, our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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.

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

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 the 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.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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.

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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, misprescribed 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 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 crosshairs. 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
The defective drug injury lawyers at our Texas Law Office can help if you or a loved one has suffered a physical injury resulting from a defective Fentanyl pain patch or the misprescribing 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 of victims in Texas. And our experienced injury lawyers can help you win the best compensation possible for you.

Call us today for a free consultation to continue your road to total recovery and resume your life.

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Texas Lawyers Discuss 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. Our pharmacy malpractice attorneys are 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 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.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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. Call us today for a free consultation.

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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 filling a prescription, resulting in the same issues.
We are not including any problems relating to the prescribed drug itself, so long as the prescription was correctly written, dispensed, and filled. 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 Office 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 lawsuits. This tort reform established a number of specific conditions that 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. 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 try.

But you are not without a stout-hearted ally. The pharmacy malpractice lawyers of our Law Firm can help you build the strongest possible pharmaceutical malpractice lawsuit. They are intimately familiar with medical malpractice laws: both before and after the recent tort reform and have successfully resolved hundreds of medical malpractice cases for his clients.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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.

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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, is 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 minuscule 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.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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. Call us today for a free consultation.

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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.

Some 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.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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. Call us today for a free consultation.

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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.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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.

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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 the 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 pharmacy malpractice lawyer to fully investigate all features of malpractice. As we mentioned, other caregivers may also be responsible for those injuries.

We want to tell you that Texas tort reform benefit caps also make the insurer behave more arrogantly in negotiations. This should give you an idea of 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.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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. Call us today for a free consultation.

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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 is 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 a case of pharmacy malpractice.

There’s only one way to stop insurance adjusters in their tracks. Hire an experienced 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 retainers. 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 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.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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. Call us today for a free consultation.

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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. 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 the plaintiff and defendant, the better a fair settlement looks to both. Many times we and our clients have 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 you won’t get another chance.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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. Call us today for a free consultation.

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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 Office for a free and confidential consultation.

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 Office 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 the pharmacy malpractice lawyers with our Law Firm today. Let us help you seek the settlement you need and the justice you deserve.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them 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.

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product liability & Work Accidents 3/26/2020 – gtg

A Products Liability Lawyer Can Help If You’ve Been Injured by a Defective Product in Texas

Any day, any time, you could be hurt or seriously injured by a product you believe in, and maybe even rely on. People like you are injured every day when they use what turn out to be defective products. They can range from commercial equipment to the over-the-counter headache medicine you use to a prescription drug to the crib that your infant sleeps in.

Physical injuries can range from ongoing, yet subtle symptoms over long periods of time if you are taking a defective drug, to immediate, catastrophically gruesome wounds suffered from a defective piece of machinery. Deaths often occur because of defective products. If you have been injured because of a defective or unsafe product, or if a loved one has suffered a wrongful death under these circumstances, you are entitled to claim liability damages against the manufacturer of that product. And one effective way to win your suit is with the help of a Texas defective product attorney with our Law Firm to be your legal partner who fights for the compensation you deserve.

Federal laws clearly require companies that design and manufacture products to follow precise guidelines unique to each product itself to assure that every one which is sold and used by the public is safe. This includes both consumer and industrial products or devices. Any time during the normal life of this product, if it is proven to be defective or unsafe to use, anyone who can legitimize a claim of injury from these products has every legal right to seek fair compensation for their injuries through a personal injury damage lawsuit against its manufacturer.

There are two types of general product liability cases. One surrounds negligence by the manufacturer. The other is known as strict liability, which essentially means that the product simply was a bad idea from the beginning. Familiarize yourself with the dynamics of product liability law and arm yourself with information to help you ask the right questions that must be satisfactorily answered by the lawyer who is the right one for you. Because you will certainly need one if you are seriously considering filing a product liability damage suit.

A product liability attorney with our Law Firm understands the subtleties of product liability law. We can quickly determine the best legal option that is available to you if you believe you have a legitimate damage claim on which to file a product liability lawsuit. We can thoroughly investigate the circumstances surrounding your injury and help you be fairly compensated for the harm done to you by dangerous products.

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Deciding Which Negligence-Based Product Liability Claim to file is the First Step

For most people, understanding a negligence-based product liability lawsuit is relatively simple. A manufacturer can be in error in designing the product or the manner in which it was manufactured or developed. Deciding which of these two general areas of the product development process is responsible for the failure of the product is a very important starting point. And when our law firm takes on a product liability case, this is our very first question. But once a manufacturer is legally cited to be liable in either development process, those who are injured by it must be compensated if they ask for it.

When a product is inappropriately designed, the reasons involved are often the owner’s unacceptable disregard for its safety when it is used in the manner in which it was intended. Maybe one of a large series of substandard fluorescent light bulbs exploded during installation. You suffered chemical burns to your hands and head, and flying-glass cuts that produced nerve and eye injuries. The tubes may have been properly manufactured according to design specifications, but the specs turned out to be incorrect. In this case the design of the fluorescent lighting tubes was most likely improper. So the manufacturer was negligent when designing the tubes and can be held liable for any injuries that are caused by use of the product in the manner intended when it exploded when it was installed.

But what if a product is designed properly, but still causes an injury? The focus then turns to the way the product itself was manufactured, which is where the majority of defective product lawsuits are filed. In order to deliver their goods to the marketplace to meet demand, these days manufacturers find themselves cutting corners wherever they can in order to lower their costs (and raise their profits). Their profit margins are already very small to begin with. Saving even a half-cent per manufactured unit can make a difference between profit and loss when you factor in a half a million units. So if they find they can trim costs by using less-durable materials or cutting corners during assembly of the product, then they are able to meet their targeted unit cost. One consistent way to do that might involve the use of employees who don’t know their job as well as they should, or maybe uncertified workers are operating complicated manufacturing machinery, which means they work for a lower wage (and maybe longer hours at lower efficiency)..

Regardless of the reason, if there is negligence in the product’s design, or the way it was constructed, the owner and/or manufacturer is legally liable for injury damages when an unsafe product was used under the normal circumstances that were expected by the injured person. But proving your case in a manner acceptable to actually win that fair defective product compensation is an entirely different matter: and that is why you need an experienced Texas product liability lawyer.

A product liability attorney with our Law Firm understands the subtleties of product liability law. We can quickly determine the best legal option that is available to you if you believe you have a legitimate damage claim on which to file a product liability lawsuit. We can thoroughly investigate the circumstances surrounding your injury and help you be fairly compensated for the harm done to you by dangerous products.

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Some Defective Product Lawsuits Surround Whether or Not You are Warned of a Product’s Dangers

Not only can negligence in a products design and manufacture be cited in a product injury lawsuit, the owner of the product (or the domestic distributor of a foreign-made product) can also be subject to civil liability for not warning the public of its dangerous product immediately upon learning of this matter. Manufacturers have been found guilty of negligence when they don’t meet their legal obligation to warn those who buy their products of the possible risks that may be connected to that product. And such failure to inform the public of these dangerous situations surrounding their goods makes them responsible for damages suffered when people are injured through normal use of their product.

This is why if there is even the remotest chance that a manufacturer’s product poses even the slightest possible danger to its consumers, you see or hear of a recall. As a matter of course, drug manufacturers’ television commercials with all their disclaimers and warnings are one example. It’s gotten to the point where the commercials take-up more time warning of a drug’s side-effects than the actual benefit of the product Fine print at the bottom of advertisements in magazines and newspapers is another example. Fast-talking announcers who you can barely understand during the last five seconds of a radio commercial are also complying with a manufacturer’s legal responsibility to warn customers of the potential risks associated with their product, even if the letter of the law that necessitates the warning sometimes falls short of the spirit to which the law is intended.

All of these examples exemplify the evidence that companies have learned the hard way that they must warn their customers of any dangers associated with their products, even if they are remote. And at least some of them learned this lesson first-hand, the hard way, at the end of a product liability lawsuit to them, or another company in their particular industry.

Strict Liability Claims: or Sometimes a Product Simply Wasn’t a Good Idea to Begin With
There are instances where a manufacturer has exercised reasonable due diligence in designing and creating a product. But once it hits the market they discover that something unforeseen has made it a dumb idea. This might happen when some people use it improperly, or in a manner not originally anticipated by the manufacturer. In these cases, they just didn’t think things through from the user’s perspective or if the product ends up being used in a way the manufacturer did not intend, or foresee, injuries occur. Even if the manufacturer issues a recall, they are still legally responsible for their products as long as they are in the hands of the consuming public. A recall is not a shield from liability for those who suffer an injury by using a product, although quick recalls can lessen some of the damage amounts that can be awarded because the manufacturer acted quickly to warn the public and moved heaven-and-earth to correct the problem. But even after all of that, people who are injured may still be awarded damages through a strict liability claim.

One famous example of a product that fell under strict liability guidelines occurred when a company manufactured and sold a game called “Lawn Darts.” The object of this outdoor game was for players to throw large darts with sharp, pointed ends across a lawn toward some target on the ground. But it doesn’t take much imagination to understand how dangerous this game could be if used improperly, or the players aren’t paying attention to those hazardous missiles. One person’s “harmless” game dart can become another’s perilous weapon. And though the manufacturer quickly issued a recall and then changed the front end of the darts from a sharp pointed edge to a large suction cup, it didn’t relieve them of responsibility for damages from injuries that arose from this “game.”

This example of a product that’s designed and manufactured properly, but is still a danger to the public, regardless of how it is used, is a classic example of how an experienced Texas product liability lawyer applies a strict liability claim when a product on the market is unsafe. People can be injured by well-made products that shouldn’t be on the market to begin with. It makes no difference if they are used properly or improperly.

Another example, many years ago, arose from the simple clip-on roller skates many children used in the ‘50’s and 60’s. Some enterprising kiddos attached them to pieces of wood and the skateboard was created. Several successful injury lawsuits arose from this “unintended use” of roller skates. However, it did create a new industry (skateboards) that came with very strong warnings and also the legal assumption that when the product was bought, that the user (or the parents) accepted the heightened danger of injury. This also brings to mind another issue of “assumed liability” on the part of the buyer of the product: which is another issue that must be taken into account when it comes to defective product lawsuits.

A product liability attorney with our Law Firm understands the subtleties of product liability law. We can quickly determine the best legal option that is available to you if you believe you have a legitimate damage claim on which to file a product liability lawsuit. We can thoroughly investigate the circumstances surrounding your injury and help you be fairly compensated for the harm done to you by dangerous products.

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Class Action Suits: Some Lawyers Work for Their Money, but Others? Not so Much

You’ve probably seen a lot of commercials from Texas attorneys who ask if you’ve been hurt because of some substandard product. But if you take time to read some of the fine print at the end of the commercial, you might notice that the lawyer you are supposed to call is in Connecticut or Delaware or some other state other than Texas.

This is a commercial in the interests of a class-action lawsuit, which is basically getting a lot of people who have been similarly injured by a particular product and are suing the manufacturer on behalf of this “class” of people. Class action suits have their advantages in some states because a collection of plaintiffs often gets to go to the front of the line when it comes to filing their case and being placed on the court’s docket sooner. A class-action suit can be a remedy for you. But it’s not a free ride. Nor is it one of those situations where you just get on the filing list, then sitting back and doing nothing, hoping you’ll be on the “check mailing list” when it’s all over: even if that might be the implied message of the commercial.

The law firm that 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 every state. Many times, these local or “front” attorneys in each individual state do very little work when it comes to preparing the case, but still get a nice fee (in this instance we like to call it more of a sales commission rather than a legal fee) to essentially do client intake work because all they do is fill out forms, maybe take a preliminary deposition or two and probably get a few thousand dollars per-client they send “up the line” for their trouble. For these firms it’s a low work/high return proposition. Some “easy money” law firms only handle these kinds of cases for out-of-state class action firms.

We’ve been asked to participate in these kinds of “assembly line” lawsuits by out of state class action firms many times. But unless there is real legal work involved, we respectfully decline these offers of “easy money” for a very simple reason. We represent clients. We don’t bird-dog for some other law firm. We prefer to represent clients rather than just signing them up and letting someone else do all of the work. We feel there are synergistic elements to class actions that can make them very satisfying to the law firms that are involved. But only if they are true legal participants and not just doing pseudo-legal work and shuffling papers (and plaintiffs) up the line. And we believe this kind of “faux legal representation” is not always ethical, or the out of state attorney-of-record might not have the sort of reputation we are comfortable with. And in law (like life) you are judged by the company you keep.

We are, however, very experienced in filing and arguing class-action suits. But those we are involved in finding your Texas product liability injury attorney with our Law Firm as the primary legal counsel of-record. Who knows? Your product liability case might be the first wave of what could become a class-action suit. In the long run though, it doesn’t really matter. We DO want you to know that you will never be a number to us. So if you see a commercial that leads you to an out-of-state lawyer remember what you might be getting into and call someone local. It’s always your best bet. If your injury is legitimate, fight the manufacturer on your own home turf, not someone else’s.

If you suspect you have been injured by a defective product, contact a product liability attorney in our Texas Law Office. We provide a free, comprehensive, and fully confidential legal consultation. We encourage you to ask any and every question you can think of in order to completely understand your defective product injury case and how it is best pursued. If you deserve to be compensated, we’ll help you get every penny you deserve.

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Effective Legal Assistance is the Right Antidote to the Poison That a Manufacturer’s Insurance Company Attorneys Will use Against You

Those who pursue a product liability claim without a competent product liability lawyer (or worse, by themselves) have about as much chance of winning compensation from the manufacturer as those who play Lawn Darts or ride skateboards if they’re 50. They can’t get out of their own way and end up stuck by lawyers who know what they’re doing. You will find yourself up against the manufacturer who’s worried about profits, a courtroom full of excellent attorneys, and finally the manufacturer’s insurance company. All work together to fight your claim at every twist and turn.

The opposing attorneys use every trick in the book, legal or otherwise, to convince a jury that your lawsuit has no merit; or if it does, that the damages you seek are unreasonably excessive. They also do everything they can to delay your day in court, while at the same time, the insurance company offers you a “low-ball” settlement amount that doesn’t come close to paying your medical bills, pain, suffering, lost wages and other damages the defective product has caused you or someone in your family, or maybe even your small child if that is the one who is injured or killed.

And sometimes these manufacturers, lawyers and insurance companies know a product is unsafe, but months before the injury caused by their product, some insurance actuary somewhere determined it was more cost-effective to pay a bunch of “low-ball damage claims” than to fix the product. But even in light of that fact, that still doesn’t stop them from trying to frustrate you at every turn. If you fight them alone, or with an attorney who is not well-versed in product liability law, you could be in for a very rude awakening, and no money that you rightfully should receive to pay the damages.

Isn’t your best strategy one that involves retaining a competent product liability lawyer in Texas who has experience arguing and winning cases involving defective product lawsuits?

The Texas Product Liability Lawyers of our Law Firms Stand Ready to Help You
The defective product lawyers of our Law Firm have helped many people who have been hurt by unsafe and defective products for more than 30 years. We’ve seen every trick that manufacturers and their attorneys try to pull in order to prevent you from collecting the damages you deserve if your injury justifies bringing such a liability claim

We thoroughly investigate every case, making it the strongest possible. We also investigate every defendant’s assets so we know who can afford to pay your legitimate legal claims of product liability. We are dedicated to your full recovery, physical and financial, by getting the largest, and fairest, damage award possible. Our Law Office has a long and rich history of successfully representing our clients, not only in court, but negotiating fair settlements without the need to litigate. And because most of these opposing lawyers and their insurance companies know us and our reputation for aggressively representing our clients, many of them would rather settle than take us on in a courtroom.

We help provide you with all of the legal leverage you need to force manufacturers of dangerous products to be responsible for their actions and compensate you and your family fairly for any injuries caused by their products.

If you suspect you have been injured by a defective product, contact a product liability attorney in our Texas Law Office. We provide a free, comprehensive, and fully confidential legal consultation. We encourage you to ask any and every question you can think of in order to completely understand your defective product injury case and how it is best pursued. If you deserve to be compensated, we’ll help you get every penny you deserve.

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Were You Hurt in a fall at a Construction Site? You May Be Owed Compensation for Your Serious Injury

Construction sites can be hazardous places. Those in the business know that. They also understand that one of the most common hazards facing even the most careful worker is on, around, or under construction scaffolding.

It doesn’t matter if the project is a two-story mansion, an industrial or retail building, a low-rise office, or a towering skyscraper: at some point, scaffolding is necessary in the construction (and maintenance) of most types of buildings. With all the building going on in Texas, there are likely as many scaffolds as there are construction workers.

You’re a conscientious worker. You do your best to stay safe at work and keep a safe work area. But that doesn’t mean you can’t still become a victim to a workplace injury anywhere on or near scaffolding. But this article is not limited to just that. You may have suffered some sort of injury from any construction or building maintenance site fall. Accidents happen, and, in many cases when the injuries are serious and caused by someone else’s negligence, you’re entitled to some form of fair reimbursement under Texas law for the financial losses you’ve incurred from the mishap. Such legal entitlements can include your medical bills, the pain you’ve endured, and your emotional distress. If the accident produces disability in some form, that too is a justifiable request. When your construction site fall injury is very serious, it can put a strain on your body, your finances, and of course, your family.

In the case of whether you fell from scaffolding, or scaffolding collapsed on you, or scaffolding collapsed while you were on it. You’ve been injured and you need help; real help. You are not without your rights. You must, of course, focus exclusively on your recovery. That’s important. But you can’t take short cuts that could hurt your claims and your legal case further down the road. The laws that made workers’ comp more complex in Texas are a serious challenge to your ultimate compensation when all this is done. And often there are parties that may talk a good game in pledging they have “your best interests” at heart. If this is you: one who has suffered an injury while working on a construction site by falling from scaffolding or some other height, or it collapsed on or under you, then you are right to consider seeking legal restitution to recover all appropriate damages.

Personal injury claims and lawsuits involving construction companies are complicated. The best legal strategies for your case differ because they are based on whether you are a subcontractor, contractor, or employee: and whether the construction company subscribes to workers’ compensation insurance or not. It’s a lot of territory to cover. And no two cases are mirror images of the other.

For instance, you should know that the laws which make non-subscribers liable for their employees’ injuries don’t apply directly to contractors. Often, construction companies think they can escape legal liability for injuries without even paying for workers’ compensation insurance by hiring contractors instead of employees. Unfortunately, this strategy all-too-often works for the companies, especially when they don’t have an experienced construction injury and workers’ comp attorney like our lead attorney when one is injured in a scaffolding accident.

It’s hard not to feel that the laws surrounding Texas workers’ comp and the contractors who benefit from it the most work to allow them to avoid all liability. Many personal injury firms will drop your case immediately upon initially learning you are not an employee, but not having the curiosity to really investigate that point. You hear so many urban myths about how a workers’ comp subscriber company makes them immune to lawsuits; or how employers can sometimes evade an actual “employer-employee” relationship by diving through a loophole in the law. But when held to the light of truth, they don’t always hold up when you have a team of experienced falling accident injury attorneys like those at our Texas Law Office advocate your case.

You can put the experience of a construction site/falling injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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Seek Medical Attention Immediately After Your Construction/Scaffolding Accident

If you’ve been hurt while on the job, the first thing you need to do is seek the proper medical attention. The doctor who treated your wounds has told you to continue your recovery treatment. Do it! We might be together for several months. And we’ll tell you right off the bat that our successful clients are typically those who do everything they can to recover from their injuries. After all, if you don’t care about your health why should they be asked to pay? Think about it.

Your health is of the utmost importance. Being examined by a medical professional is important both for your life and your case. If you need assistance seeking medical help that can take your personal and financial status into consideration, let us help. We have a large network of trustworthy medical professionals that we can point you to. In addition, we may be able to help you see a doctor at no cost to you. We can even show you how the time you take off from work to get care may be compensable by the defendant. Once you have left the emergency room or trauma center, whether you’ve been admitted to the hospital for a few more days or are recovering at home, your next step involves seeking legal assistance in order to assess your employer’s workers comp status, and begin the road to fiscal recovery as well.

Assessing Your Workers’ Comp Status Properly Dictates the Game Plan
The Texas Legislature enacted the Workers’ Compensation Act in 1992 and, according to that law; employers who choose to purchase workers’ comp get special incentives and unusual protection. These incentives don’t necessarily work in your favor if the injury is serious. The chief protection for employers who pay for workers’ comp coverage is that – with one most unusual exception – they cannot be sued for any more than a capped amount of compensation money. Essentially, one-in-two Texas employers subscribe to workers’ comp. It is optional for employers: not the norm for a majority of states in the state. Considering the benefits of workers comp, that’s a pretty low number. We suspect the percentage is even a bit lower than half in the construction industry.

Did You Know?
Our Texas Texas attorneys have won hundreds of construction accident cases. Call us today to discuss your case.

You need to know your Texas employer’s workers’ comp status. It determines your legal options in regards to what typically begins as your insurance claim. An employer that has workers’ comp is called a subscriber. An employer who does not have such liability coverage is labeled a non-subscriber. Knowing that simple fact makes a big difference in your case and determines how we approach it. It determines the starting point in how your claim is filed and what compensation you may be entitled to receive.

The right answer about whether an employer is a subscriber or a non-subscriber to Texas workers’ comp law is not always forthcoming. Very often employees of a company don’t even know. Sometimes employers give the wrong answer when asked. Sometimes the answer to the question is not clear and sometimes the company doesn’t have a clear cut policy for dealing with accidents on the job.

Workers’ comp is an expensive program and some companies choose not to buy it, reasoning that they can save money as long as no one is injured. If they were smart, they’d look at their business like all successful people when they financially protect their home and hearth. The first check every month goes to the mortgage company. The second goes for the insurance. That’s a smart plan. You might see the irony of it as we visit further. Even if it’s not cheap, workers’ comp rates, across the board, are less than market rates; even if the cost of workers’ comp for an employer is related to how risky the job is: the same holds true for commercial underwriters; just higher premiums.

However, inevitably there will be an accident that produces serious injuries. As a workplace attorney with more than two decades of experience working on behalf of scaffolding accident victims, our Texas work accident attorneys have encountered situations where companies have blatantly answered falsely when asked if they are a subscriber to Texas workers’ comp.

When the odds catch-up with these “subscribers in sheep’s clothing,” they try to avoid a lawsuit when there’s a serious injury. These employers may try to quickly pay victim’s benefits normally received from workers’ comp and ask them to sign what they may represent as a “standard workers’ comp release” in order to further their deception and get off the hook. Some of these forged forms look pretty professional too. But it’s a trick so don’t fall for it

You can put the experience of a construction site injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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Sometimes Workers’ Comp Benefits Work Well: Especially if Viewed as a Compensation Foundation

Workers’ comp benefits originate from a “pool” of funds. The pool is replenished by private insurance carriers that participate in the program. It protects subscriber-employers from lawsuits and generally disregards the legal rights of employees to be fairly compensated in the case of severe injury when the employer is truly negligent. This is because it limits, or “caps,” the monetary compensation an injured employee can receive. If your employer subscribes to workers’ comp, it provides some reimbursement to injured employees who are hurt on the job site: primarily expenses directly linked to medical bills and compensation for a certain amount of lost income during recovery. It’s basically “no-fault” insurance because those covered by workers’ comp are reimbursed, no matter how the accident occurred or whose fault it was. But many times the amount of money you receive doesn’t cover the actual expenses of an on the job injury, especially if it is severe. And we’ll go over that in greater detail later.

But on the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must file a lawsuit in civil court. Fortunately, for the injured party, the prerequisites that encourage companies to subscribe to “no-fault” workers’ comp insurance are somewhat relaxed. And these same lower standards of proving subscriber negligence also apply against a non-subscriber in a civil case. So it’s not as difficult to lay the true liability at the feet of a non-subscribing employer for serious on-the-job accidents.

This is what we meant when suggesting that your construction site injury lawyer know how to work both sides of the workers’ comp street in order to get to the bottom of your injury compensation status. That’s because there’s a trump card to all of this. And it surrounds third parties to your scaffold or other fall injuries. If workers’ comp creates a void between what you’re getting and what you need to recover, third party defendants who had a hand in your injury could be exposed to our filing insurance claims or lawsuits against them. Rare is there a time where there is a single negligent act that contributes to your injuries and massive expenses like medical bills, pain and suffering, lost wages, and rightful disability payments. Those same damages, and more, are available to the surviving family members of a loved one who was fatally injured in a scaffold or some other construction fall.

Much of the time, a total compensation package finds workers’ comp is the foundation and a successful third party claim or (judgments) to bringing the total damages received to a more appropriate level as the best legal recourse is available to seriously injured workers like you. you. Once we identify the nature of your employer’s workers’ comp standing and conduct a thorough investigation of all facets and parties involved, we can then move forward together to secure your fair injury and damage compensation.

You can put the experience of a construction site injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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The Type of Compensation that Injured Workers can Expect from Subscriber Companies

Workers’ comp does not include coverage or reimbursement for any pain, suffering, or even general damages, aside from the income and medical expenses specified. Wages you lost while you were absent from work, recovering from your accident, capped at a maximum of $600 per week, may be paid to you. Let’s say you’re a carpenter who earns $1,300 a week for 50 hours of work. It takes a month for you to recover enough to return to work. That means you earned 50 percent of what you normally take home. So your monthly budget has taken a big hit.

You are also entitled to complete reimbursement for all your medical costs, such as those surrounding medical treatment, prescription and over-the-counter drugs, and other medical supplies you needed to recover from your injury. Ongoing treatment and medical needs are also potentially reimbursable. If you incur travel expenses in seeking medical treatment, supplies and prescriptions, those may likewise be recovered

But if you become disabled, other than a four figure initial payment sum, this formula and cap amount holds true even in the case where you’ve been permanently disabled and are unable to work for the rest of your life. In other words, you may have to make do with such paltry benefits for the rest of your life. You and your family might never get out of that “void” for if your compensation package is limited only to workers’ comp. Are you beginning to see the value of negligent third parties who can be proven liable and a become a rightful supplemental compensation source?

Liable Non-Subscribers to Workers’ Comp Can be Employers or Third Parties
Non-subscribing companies have an almost unlimited liability to be sued while a subscriber employer is protected against lawsuits and the damages assessed against them are much more limited. By choosing to not be forthright about their worker’s comp status, a liable employer may lead an injured employee to think that he or she has little in the way of redress and that the employer has little in the way of liability.

As we’ve mentioned, a non-subscribing (or uninsured) company may even try to pay an injured employee out of pocket (and usually off-the-books, while saying that the money is actually coming from an insurer or workers’ comp. Accepting such an explanation (and quick settlement which is a low-ball attempt) is certainly never in your best interest. Always keep this in mind: if you are injured or hurt in a scaffolding or other construction fall, you’re probably entitled to far more compensation than you would be receiving, regardless of the coverage. The hush money offered is almost certainly a pittance compared to what the law would likely find in your favor.

In order to further punish non-subscribing employers, Texas workers comp laws remove the damage cap that would be in place if the employer had purchased workers comp insurance. The crane accident victim must merely prove standard negligence, even if the employer only committed a momentary lapse in safety. As you can guess, the laws governing these principles are extremely intricate. So in order to succeed you will need a crafty crane-related accident lawyer to assist you through every complexity of this challenging legal process.

However, just because there’s no workers’ comp court red tape, that doesn’t mean it’s any easier to ensure your right to compensation. It’s a legal action like any other, and as with any such serious matter you need professional representation. The non-subscriber employers (actually, their insurance companies) will almost always contest your claims.

There are two special challenges that you need to anticipate when trying to collect from, or sue a nonsubscriber. The first one is this: even though they don’t carry workers’ comp non-subscribers usually carry some form of insurance, if they’re smart. It will be responsible for paying at least part of your claim: certainly larger than workers’ comp awards. Therefore, not only will your employer have an interest in defending against your claim, so will his or her insurance company because that’s what it’s for: to get them off the hook or pay the claim if their adjusters and lawyers fail in their attempt.

They have a team of sophisticated attorneys in thousand-dollar suits and insurance adjusters ready to attack your case. The adjusters you’ll see in a lawsuit like yours aren’t the same “friendly” adjusters who handle your fender-benders. For high-dollar cases like yours, insurance companies usually use their best people. The adjusters who work on these injury cases are highly trained and very experienced pros who have gotten to their current positions by denying claims and saving their employers money.

They will have teams of attorneys to try to pick apart your claims. They contest your statements. They file nuisance motions. They will do everything they can to make an accident look like you were the sole proximate cause, i.e. wholly responsible for the construction site accident. They will try to undermine any evidence you bring to prove the elements of your claim since you have the burden of proof. All they have to do is say “prove it.” If you can’t, everything stops right there. Here’s where your falling accident injury attorney’s investigative prowess and experience at countering even the most frivolous counter-charge turns the spotlight of truth back where it belongs: the spot where their client-defendant stands.

This is even more complex than it sounds. You must show that the defendant; be it your employer or that third party; is at least partially responsible for the accident, that the defendant’s negligence caused the injuries, and that you are entitled to a specific amount of damages as compensation for your injuries. It might seem like a one-strike-and-you’re-out system most of the time. If you miss evidence on even one of these points, your claim could stand to be dismissed. An experienced legal “pinch hitter” at least gets you three strikes; and a better chance of winning.

You can put the experience of a construction site injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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The Other Non-Subscriber Defense: Questioning the Employer-Employee Relationship

The sole proximate cause defense is not the only option non-subscribers use after an injury has been suffered by an employee. Many clever employers begin avoiding liability even before accidents occur by trying to distance themselves from you as an employee, and their responsibility to fairly compensate you. Some even begin constructing that paper trail to prove their argument from the first day you show up for work.

Texas Employers are not responsible for what happens to contractors if they are injured at work. So, many companies will claim to hire their employees as contractors. By calling you a contractor, your employer believes it’s possible to deny that an employer-employee relationship existed; and then tell you that you don’t have a legal claim for your injury-related damages. Their logic is simple: why should they be responsible for an injury to a person who was technically never their employee to begin with?

While many employers try to claim they hire their employees as contractors or as temp workers through a third-party, many times they know an actual employer-employee relationship exists and an injured worker has a right to fair compensation. So don’t be fooled. Even though your employer claims you are a contractor, you are likely still an employee in the eyes of the law and are due compensation for injuries suffered on the job.

A skillful and well-seasoned Texas accident injury lawyer knows how to prove the employer-employee relationship by meeting at least one of the following standards:

Social security or taxes have been withheld from your paycheck by your employer.
The essential equipment or tools used for the job was supplied to you by your employer.
Your work has been regularly managed, overseen, or inspected by your employer.
A specific work schedule has been set for the job by your employer. You are not free to come-and-go as you please.
Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.
You have been employed for an undetermined period of time and not just for a single job.
You are paid by a salary or an hourly wage and not on a job-by-job basis.
In cases where a worker is borrowed from another company, or a third-party agency, the rules for determining the working relationship are generally similar. But there can be some crucial differences. Some of these conditions may include:

If the borrowing employer has the power to hire or fire a borrowed worker at any time, the worker is clearly an employee. Otherwise, the worker is a contractor
Most of the time, if the borrowing employer is allowed to pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.
If the worker must provide tools, that person is a contractor. If the employer provides them, the worker is an employee.
If the employment agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.
If the worker is borrowed indefinitely, then the worker is an employee. If the worker is borrowed for a specific project with a specific date of completion, the worker is a contractor.
If a worker is being borrowed or “leased” because of a skill that is unique or hard-to-find, then the worker is a contractor. But on the other hand, if an employer borrows a worker to fill a position that just about anyone can fill, then the worker is an employee.
If the borrowing employer agrees to pay the worker’s social security and income tax, then the worker is an employee. If the borrowing employer does not accept this responsibility, then the worker is a contractor.
We conduct a thorough investigation to demonstrate the existence of one of these standards and prove an employer-employee relationship exists. We depose co-workers, review contracts, and examine pay stubs to establish that you were in fact an employee when you suffered your workplace injury.

A couple of other important “things to consider:” If you were hired by an employment agency to work at an “employer’s” company and suffered a workplace-related injury (or a relative was accidentally killed) your attorney must determine if the employment agency has workers’ comp. If so, then you would file a workers’ comp claim against the agency, which would then make the company where you actually performed the work a third-party contributor to the accident. Also, if your employer loaned you out to another company where the accident occurred, the issue of workers’ comp subscription with your employer must first be clarified, then the company where you suffered your injury will likely be treated as a third-party defendant in any civil claim or lawsuit.

This again brings another important point to mind. As we have previously told you, workers’ comp claims are less-than-adequate when major injuries are involved, including wrongful death. So the traditional way for an employee to recover fair damage compensation is to file a workers’ comp claim against the employer of record (assuming that employer subscribes) and then supplement the claim with the appropriate number of third party claims or lawsuits.

You can put the experience of a construction site injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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My Case Seems Open and Shut. Why Do I Need Representation?
Oh Really: who told you that?

In all non-subscriber and third party workplace injury claims defendants can have large insurance companies and lots of attorneys to oppose you. Or your employer will be “self-insured” or uninsured. At this point it makes little difference as all fight very hard to avoid paying for your injuries.

Non-subscribers are represented by insurance companies who have attorneys either on-staff or on permanent retainer. And they are very skilled at defending insurance companies from people like you. Insurance companies are in the business of collecting high premiums, and then avoid paying claims. That’s great news for policyholders when they get in trouble, right? They are confrontational and intimidating from the start. But they don’t scare an experienced work accident attorney like those with our Law Firm who know every trick they pull, and how to counter it.

But self-insured employers who are liable for workplace injuries or those who have no insurance whatsoever are a different animal altogether. They resort to anything that will work for them once an injured worker takes legal action to recover damages. Some of their tricks are shameful at best. Others are nothing but illegal.

You will seek a settlement from an officer of the self-insured company or maybe even directly from your employer if it is a small company. In either event, the income of whomever you deal with is likely tied directly to company profits. Any damage amount paid to you for an injury comes directly out of those profits. So by compensating you, your employer literally takes money out his own pocket. We are rarely surprised when a sneaky, self-insured company officer uses any and all means to deny your claim in order to protect his company’s (and his personal) assets.

Self-insured or uninsured employers can deliberately dispose of evidence and sometimes even pay witnesses to “disappear.” Other times they’ll bribe or intimidate witnesses, even you: sometimes going so far as resorting to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court that prevents anyone with the company from behaving inappropriately against our clients. Sometimes these motions include a clear demand that they make no attempt to communicate with our clients in any way without one of our attorneys present.

Take Action: Contact our Law Firms after a Scaffolding Construction Site Fall
While your employer may have been too cheap to buy worker’s comp coverage, you can be certain that he or she will think nothing of paying tens of thousands of dollars for an experienced and shrewd attorney who knows how to make victims appear negligent for their own injuries, especially in a crane accident case. So not only are you saddled with the “burden of proof,” but you also must bear the burden of DIS-proving all these counter-charges that only serve to cloud the issue of liability. Here’s where your own cunning attorney to place fault back where it belongs, the negligent employer becomes a powerful weapon in your fight for fair damage compensation

Don’t accept a settlement from any defendant or any insurance company that waives those parties’ liability, and your right to ask for more if it becomes necessary. These types of offers are rarely fair. Unfortunately, they are usually legally binding. If you sign one of these documents without a lawyer or accept fast cash from one of the defendants, there may be little we can do to salvage your legal rights. Don’t do anything that is binding after your scaffolding accident until you’ve spoken to a lawyer.

You can put the experience of a construction site/falling injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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