The Practice areas for Our Law Office
With over two decades of quality experience in personal injury and wrongful death law, the injury law firm of our Law Office continues to help thousands of victims win fair damage compensation for their injuries or losses in negligence-related accidents. The primary avenues of winning such compensation are either through successful negotiation with defendants, their insurance companies and/or attorneys, or forceful litigation in civil court. We primarily specialize in personal injury cases and wrongful death lawsuits in Texas. These forms of civil action cover a broad range of specific circumstances and environments unique to each case.
This page is intended to share specific information about our areas of practice and a few general answers regarding personal injury law and other facts that surround our practice areas. If you or someone you love has suffered from an accident like those we will share below, our Law Office’s knowledge, experience, and reputation can protect your rights, help you win your case, and deliver the proper damages compensation you need and deserve. We want to make a difference in your life, at a time when you need someone to do just that.
When a person suffers death due to someone’s negligence, surviving family members have a legal right to seek compensation and pursue justice for their loss through a wrongful death lawsuit against any (or all) negligent person or entity. Having the right to ask for this compensation doesn’t make getting it a cinch. Rare is the time when a Texas wrongful death lawsuit is not highly technical, not only in its general nature but in the way it is pursued. Not only must we quantify the value of someone’s life in cold financial terms, but we must also clearly prove that someone else is directly responsible for it.
Such cases are emotional for all parties involved, and very hotly contested if they end up in a courtroom. This is why surviving family members always require the assistance of a capable wrongful death attorney to ensure that their rights are vigorously protected and asserted so the family can receive justice for the death of their loved one. A wrongful death lawsuit can be brought when a family member is killed from injuries arising from a fatal 18-wheeler accident or some other fatal commercial truck crash, a drunk driving accident, a fatal construction accident, a fatal workplace accident, or any incident in which a person dies due to the negligence of another entity, regardless of whether that negligence is willful, or just the product of a series of unfortunate, but preventable, circumstances leading up to the death.
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Personal injury lawsuits cover instances where a person has suffered harm that is most often due to the negligent behavior of another person or entity. If an injury victim chooses to pursue damage compensation through a personal injury lawsuit or insurance claim, the injury must have resulted in some type of financial loss, such as medical bills, time lost from work, or lost income due to an extended disability. Personal injury lawsuits can be brought against a liable party for a wide and diverse variety of reasons such as car wrecks, construction accidents, work injuries, medical malpractice, commercial truck accidents, product defect injuries, motorcycle wrecks, child abuse, and negligent child supervision, etc. If you have been injured because of the careless behavior by another person or entity, you need an attorney to help you seek, and win, fair compensation for your legal damages that were produced by that injury, including your pain and suffering. And more often than not, a well-prepared case can result in successful negotiations with liable defendants in your lawsuit, thereby avoiding a civil trial.
Our Law Office is known far-and-wide for our track record in protecting the rights of victims of big rig truck accidents. These particular kinds of commercial vehicle accidents very often produce terrible amounts of property damage, injury, and high loss of life. With so much at stake, such cases often require the work of an experienced truck accident attorney to assure that a victim (or the victim’s survivors) is able to win fair compensation for the full amount of their incurred damages, including wrongful death, that are caused by a truck wreck. Often, there can be additional liable third parties that must be identified and also brought to justice. If you have suffered a serious injury due to a wreck involving a semi, or worse, have lost a loved one in a fatal 18-wheeler accident, our proven track record can help you receive the fairest compensation available to you during this difficult time in your, or your family’s, life.
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The drunk driver accident lawyers at our Law Office have over 20 years of relevant experience at winning drunk driving injury cases. We have a reputation for aggressively bringing negligent bars, restaurants, and the drunk drivers they cause, to justice through drunk driving accident lawsuits. We have expert knowledge of the new dram shop laws in Texas which hold negligent alcohol-serving establishments liable for their involvement in our a drunk driving accident. Our lawyers work hard to ensure that both the drunk driver who hit you and the drinking establishment that over-served the driver are held fully accountable for their actions and owe you significant legal damages for the harm they caused you and your passengers.
If you have been injured due to the reckless behavior of a drunk driver in any part of Texas, or if you are experiencing the devastation of suddenly losing a loved one due to the careless actions of a drunk driver anywhere in the area, our practical experience and aggressive stance against drunk driver accidents will help you seek deserved fair compensation and civil justice against those responsible for your injury or loss. Together as we fight for your compensation, we also work to make our roads safer from not only those who drink and drive but those who willfully or carelessly get them drunk, then allow them to get behind the wheel.
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If you’ve experienced an injury while at work, you have learned how they can produce a number of difficulties that add to the actual injury you have suffered. One of the major complicating factors for injured workers is the unique differences in each state’s workers’ compensation laws. Texas workers’ comp laws make it easier for employers to hide from liability for such injuries. Insurance companies work to deny your injury claim. Texas does not mandate that all employers carry workers’ compensation insurance. So, all job injury claims and cases must answer that very important question first.
As a result of determining that answer, this quest for winning job-related damages can often lead to misinformation given to injured workers for a wide variety of reasons. Not the least of those being whether or not your employer even has workers’ comp or any employee liability insurance at all. Our work injury attorneys have helped thousands of work-related accident victims. We can quickly help you find out if your employer has workers’ comp or not, and what their workers’ compensation status means in regards to your legal options. We can also investigate your case to determine if there are others beyond your employer who must share blame, and the legal responsibility to reimburse you for your injuries on-the-job. It is not unusual for more than one civil claim or case to arise out of a single workplace accident due to the fact that more than one third-party might have been responsible for a portion of your accident, as well as your employer, regardless of whether that employer is covered by workers’ comp or not.
Construction accidents can cause severe injury or death simply due to the hazardous nature of the construction industry and the physical risks construction employees assume every day they are at the construction site. In addition to the initial need of knowing whether or not a construction employer has workers’ comp insurance, a construction company may also attempt to hide their liability for a job site accident by asserting the injured worker is a contractor rather than an employee. In such cases, the construction company tries to claim they are not responsible for compensating them for any construction site accident. They do this because contractors do not generally fall under their insurance coverage.
With over two decades of fairly-won experience in helping injured construction workers see fair compensation, our construction accident attorneys can investigate these employer claims and help you prove conclusively that an employer/employee relationship does indeed exist, and assure that fair compensation for your injury-related damages can be fairly won. And our comprehensive investigations can identify all third parties who are liable for your injuries and responsible to pay you for all of your lost wages, medical bills, pain and suffering.
Car wrecks and the injuries they cause are a daily danger throughout Texas. If you or your family has been injured in a car wreck, or a loved one has been killed at an accident caused by a negligent driver, the legal assistance of an experienced car accident attorney with our Law Office can protect you from an insurance company that hopes to take advantage of you. Without an experienced auto accident lawyer on your side, you may think that the inferior settlement amount they offer which is intended to make you forgo any civil action is a fair offer and acceptable amount. Regardless of whether it’s fair or not, once you accept it, this means you permanently give-up your right to ask for further damage compensation. Insurance companies, by their nature, are more concerned with their profits than paying your fair benefit claim. Our attorneys can help you understand the true value of your case and will strongly assert your rights to the highest and fairest amount of damages you deserve, either through negotiations or in a civil damages trial.
The personal injury lawyers with our Law Office also help those who have been injured in other vehicle mishaps, such as car accidents, ATV crashes, train wrecks, cyclists or pedestrians struck by vehicles, and motorcycle wrecks. Each of these forms of injury-related accidents has very unique elements when it comes to determining negligence and proving defendant liability. This can make seeking fair compensation from those who are negligent, and the defendants’ insurance companies if they are involved, a serious challenge without the help of a knowledgeable, aggressive and experienced accident attorney. Our Law Office regularly assists victims (where many other law firms hesitate) against defendants such as government entities, public landowners, large insurance agencies, or aggressive defense lawyers. We’re not afraid of any defendant, their insurance company or representing attorneys. With us at your side, you won’t be either.
Medical malpractice can occur at the hands of any healthcare professional or assistant. When the person, staff, or hospital that you have entrusted your healthcare and your very life, ends up causing you even further harm than the injuries they are treating you for because of some form of negligence, they can, and should, be called to account for your damages, pain and suffering through a medical malpractice lawsuit. Medical malpractice can include birth injuries, dental injuries, pharmacy injury, surgical mistakes, improper rehabilitation, or aftercare by any licensed healthcare professional who is a party to your treatment.
However, recent tort reforms in Texas have made medical malpractice personal injury lawsuits a great challenge to bring against medical professionals. And there are now limits (or “caps”) on the damages any plaintiff can win in any single malpractice case. This is one reason why many attorneys in Texas now refuse to take on medical malpractice cases due to these additional restraints placed on such cases by tort reform. The medical malpractice attorneys at our Law Office are ready to help if you’ve experienced further harm due to medical negligence in either state.
Product manufacturers have a legal duty to make products that are safe for the public to use. They must also immediately make the public aware when they are not safe. When their products cause harm to a person due to negligence in either the product’s development or its manufacture, or if the product owner fails to notify the public if there is a problem that requires a recall, a product liability lawsuit can be brought against the company. These types of personal injury lawsuits can be very challenging due to the often deep-pockets of a manufacturer, and sometimes the company that sells the product.
Our product liability attorneys have a great deal of experience with many types of these particular cases. We’ve represented clients against companies, for faulty products such as defective tires, defective fireworks, contaminated food, defective crib injuries, or mesothelioma cancer. And we’ve successfully managed many of these cases in connection to on-the-job and other injury or wrongful death issues and have been the attorney of record in some class action suits as well. Occasionally, some of these cases have grown into class-action suits. So we understand all the unique ins-and-outs of those cases as well.
Even if daycare abuse isn’t as prevalent as it used to be, it still does happen. If the victim is your child, those low percentages offer little comfort if your child and family must deal with an abusive or neglectful daycare worker. When a person or entity responsible for the care of a child, subsequently harms that child, through either physical or psychological abuse or neglect, both the offending daycare worker and their employer can be held civilly liable for the consequences of the worker’s actions.
Our daycare abuse attorneys will discretely investigate your abuse suspicions, and hold those responsible for causing harm to your child when we find them. Many child abuse or neglect claims reveal that the worker and the employer are legally liable for damages, even if the employer was not a direct party to the harm done to your child. And often our thorough investigations lead to even further criminal charges against the defendants once we hand those results over to law enforcement. Our vigorous legal energies on behalf of your child bring all offenders to justice and hold them properly accountable for the pain and suffering they have caused to both your child and to you.
With summer temperatures that hover around the century mark from May through September, finding relief from the heat can lead to tragic drowning accidents. There are thousands of pools, rivers, streams, large lakes, stock tanks water parks, and quite a few private lakes to jump into to escape our oppressive heat that are minutes away. Unfortunately, water park drowning accidents, hotel pool accidents, boating, water skiing and lake drownings come with our summer heat as well.
In certain instances, issues like negligent supervision, the total absence of supervision, the failure to clearly warn of risks or post-no-trespassing signs, violating pool safety ordinances, intoxication, recklessness, a product defect, or other forms of negligence may directly contribute to a drowning fatality anywhere in Texas. Our accident attorneys can thoroughly investigate a drowning accident and clearly determine if the injuries or fatality could have been prevented. We will then represent your family in the lawsuit against all negligent parties whose actions took your loved one away from you or left them seriously debilitated.
Why it’s Important to Call Our Law Office if You Have Been Injured
The best solution if you have suffered an injury comes when your attorney has so strong a case that it produces as fair a settlement as possible with the defendants. That only happens when you call an attorney the moment you suspect you need legal representation.
So if you or someone you love has been hurt anywhere in Texas, the personal injury lawyers of our Law Office can help you win the fairest damage compensation you need and deserve. We’ll fight the insurance companies for you and take-on the lawyers who represent these negligent defendants and bring the defendant to justice through either a successful damages negotiation, or clearly prove their negligence in civil court.
The first step is for you to contact us for a free consultation to find out every legal option that is available to you which will keep you from becoming an even more tragic victim of accident injury. Don’t let the negligence of others that harmed you worsen by letting them elude the reimbursement you are legally entitled to receive from them by law.
What Is the Statute of Limitations in Texas? Our Attorneys Explain
In the State of Texas, there is a relatively small period of time following an incident whereby the plaintiff may file a suit or pursue other legal action against the defendant. The amount of time available is dependent on the type of case as well as several secondary factors. The deadline whereby the plaintiff loses the right to pursue legal action is known as the statute of limitations.
Generally speaking, the statute of limitations is 2 years from the date of the incident. The statute of limitations applies to the following cases accordingly:
General Personal Injuries – 2 years from the date of injury
Car Accidents — 2 years from the date of injury
Work Accidents where Workers’ Comp is not present – 2 years from the date of injury
Wrongful Death – 2 years from the date of death;
Product Liability Cases – 2 years
The exception to the Statute of Limitations – Minor Child
The most common exception to the conventional statute of limitations is that of an injury sustained by a minor. Since minors are not of age to make important legal decisions, The State of Texas extends the statute of limitations, regardless of the child’s age at the time of the accident, until 2 years from the date of the child’s 18th birthday. In other words, the count down does not begin until the child becomes an adult.
For example, if a five-year-old child is injured in a car accident, they would not lose the right to pursue legal action until the date of their 20th birthday.
The same extension of the statute applies to the wrongful death benefits or claim that a child is entitled to following the death of a parent. For example, if a construction worker is killed on the job and he has a 19-year-old child and a 15-year-old child, the eldest has two years from the date of the incident to file a claim, while the younger of the two would have approximately five years to file a similar claim.
Other Exceptions to the Statute of Limitations – Lack of Common Knowledge
In some cases, the statute is said to begin on the date that a reasonable person would have become aware of the injury. A perfect example of this would be an asbestos exposure/ mesothelioma case. In most of these types of cases, the victim was exposed to asbestos years or decades prior to the discovery that such exposure results in the deadly disease mesothelioma. Most victims of mesothelioma would go many years before they were diagnosed as having this disease. The law provides a special exception and the statute is extended and starts to run, on the date that the victim is diagnosed with the disease, even though the actual exposure happened many years before.
Extenuating Circumstances
If there is some compelling force that renders the plaintiff incapable of pursuing legal action, the statute of limitations may be extended. For example, if the victim is in a coma for the normal period of the statute of limitations, they may be granted an extension because they were incapable of filing a lawsuit while they were unconscious.
Establishing a Reasonable Standard
The term “reasonable” is often used in the legal world. If there are extenuating circumstances that would keep a reasonable person from starting a legal case, the statute can be extended. In the example above, the mesothelioma victim was given a drastically extended statute of limitations because it is perfectly reasonable to assume that they were unaware they were affected. Had that person been diagnosed with mesothelioma and then waited for 3 years to contact an attorney, it would not be likely that the statute of limitations would be extended because it is not reasonable for a person to wait that long.
Furthermore, ignorance is not an excuse. For example, if an accident victim did not know that he or she could file a lawsuit, that would not be considered reasonable in the eyes of the law.
There’s Always a Catch
With most things that sound appealing in life, there is always a catch. The legal world is not immune to this phenomenon. Although you technically have two years before the statute of limitations expires, waiting until the end of that two year period CAN RUIN YOUR CASE! The earlier a personal injury attorney gets involved in your case, the better the chances are of securing the maximum possible recovery. The longer you wait before you hire an attorney, the options available to the attorney will become fewer and fewer and it will likely hurt the value of your case.
So why is that exactly?
Contrary to popular belief, a trial is usually a last resort. A trial is generally considered as the “silver bullet” to be used if other measures fail to result in a fair settlement. Ideally, your attorney will have plenty of time to fully investigate your claim and gain a thorough understanding of all of the facts and circumstances involved which they can use to determine the best course of action. When the attorney has such an abundance of time, they are able to build a strong case in your favor and they can use the threat of taking your case to trial against the defendant while attempting to use alternative methods of resolution. With any trial, there is a substantial amount of risk for both sides since the outcome is in the hands of the jury who are perfectly capable of making an irrational decision. To recap, the attorney will best be able to serve you if they have plenty of time to try alternative methods of resolution while using the threat of taking the case to trial as a motivator to keep the defendants interested in resolving the case.
By waiting until the end of the statute of limitations, you are putting the attorney in a position where they have no choice but to file a lawsuit and proceed toward a trial. It’s a bit like waiting until the last few minutes of the game to send in your star player.
What’s Happening While You Wait to Speak to an Attorney?
While you may be waiting to make a decision, the defense side is already forming a case against you. This is simply a normal operating procedure in the world of legal defense. Any time there is a potential for a lawsuit to be brought against them, an insurance company, or other defendants will start preemptively building a case against the plaintiff, even if the plaintiff has not indicated that they are going to file a claim or lawsuit.
In many instances, you will not be able to find an attorney that is interested in your case once too much time has passed. It is always a good idea to at least talk to an attorney and get a no-obligation consultation just to hear all of your options and make an educated decision prior to letting your statute run its course.
You’ve got nothing to lose by getting some free advice, and everything to lose by not doing so.
You are Probably Damaging Your Own Case
Additionally, most plaintiffs unknowingly say things to damage their case any time they speak with the defendants or their insurance adjusters or attorneys. The sooner you get an attorney involved, the sooner you will be insulated from the tricks and deceptive practices used by the defendants and their insurance adjusters.
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An Explanation of the Various Types of Personal Injury Cases, from Our Law Office
In the state of Texas, there are three categories that all personal injuries fall into; they are Intentional Torts, Strict Liability, and Negligence. Any type of accident, be it a work injury, a car accident, or a product liability injury, will be classified as one of these three.
Each category has different standards and processes for obtaining compensation. The expert attorneys at our Law Office are here to help you understand the differences and determine what type of personal injury you have suffered.
Negligence
Negligence is the most common of personal injury cases. Citizens have an obligation to adhere to certain laws, such as traffic laws, and practices. When they break these laws, by speeding for example and cause another person harm they are held legally responsible for the damages they caused. Texas law states that we are legally culpable for our actions and have a duty not to put another person in danger.
Proving negligence is not always as easy as pointing a finger and saying, “It’s your fault.” If you or a loved one has been hurt by another person’s negligent behavior, the attorneys at our Law Office have 20 years experience in helping victims get the compensation they deserve and bringing the guilty parties to justice.
Strict Liability
Strict liability often relates to faulty products or product liability injuries. When a company manufactures and distributes a product they are directly responsible for any injury incurred as a result of the use of their product. For example, if a car seat company makes a faulty car seat and a child is hurt because of it, the car seat maker is held liable and responsible for the damages. The manufacturer did not directly cause the injury, but as a result of their connection to their product, they are held to be at fault by default. The expert Personal Injury Attorneys at our Law Office can help you ensure that you receive the maximum compensation from a company after the use of their product brought harm to you or your loved one.
Intentional Torts
Intentional torts go beyond negligence in that the act that caused harm to the victim was intentional. Every citizen has an obligation not to act in such a way as to put another person in danger. If someone is injured as a result of someone’s failure to observe this duty, the victim can sue for personal damages.
Intentional acts of violence are often handled through criminal courts, but in the state of Texas, a victim can file a personal injury lawsuit as an intentional tort in civil court. If you or a loved one has been directly harmed by another person, you can seek compensation for the damages suffered.
The O.J. Simpson trial is the most famous example of an intentional tort case. Simpson was acquitted of the criminal charges relating to the death of his wife Nicole Brown-Simpson, but the family of Ms. Brown successfully filed a civil suit against Simpson. The family received a large settlement after the courts judged that Simpson had committed an intentional tort against Ms. Brown that brought about her death.
It is also important to remember that an intentional tort case is filed against an individual. Insurance policies do not cover intentional tort claims. For example, if you are hurt as a result of slipping on someone’s stairs entering their home, you could file a suit against their homeowner’s insurance. In the event that the actual homeowner deliberately hurts you, you can file an intentional tort against the individual but not against the homeowner’s insurance.
In either situation, it is best to get qualified legal counsel, such as the experienced lawyers at our Law Office can provide. We are proud to boast of 20 years experience in successfully helping people get the justice they deserve after suffering a personal injury.
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Texas Personal Injury Lawyers Explain the Process of Subrogation
You may have heard the term subrogation and wondered what it meant. Sounds like something out of a spy movie, but the reality of subrogation has nothing to do with subterfuge. Subrogation is the process in which one insurance company receives recompense from another insurance company for funds spent related to a loss for its insured customer.
Commonly, people mistakenly believe that subrogation enables the injured victim to receive greater compensation, but that’s not the case. Subrogation doesn’t benefit or harm the injured party. It’s merely a means by which the insurance company can recoup expenses in relation to the victim’s loss.
Some people hold the misconception that subrogation is a means by which an injured party can receive just compensation through his or her own insurance carrier. That’s not the case either. Your insurance carrier has no more interest in helping you than the insurance company for the party who injured you does. The only way to get just compensation is to hire an experienced attorney to look out for your rights.
The Subrogation Process
Normally, the subrogation process follows one of two patterns:
An insurance carrier believes that another entity will have to repay them in the long run, so they will “front” for an expense and then subrogate to the other party for reimbursement.
An insurance carrier will think that it needs to pay for damages incurred by an injured party, only to discover at a later date that another party was negligent and should have paid the money, so they will subrogate to attain reimbursement.
While personal injury is likely new to you, chances are you’ve had to deal with car insurance. To illustrate the first example of subrogation: when you have an accident and your auto insurance policy pays for damage to your vehicle and a rental car as soon as the accident occurs even when the other party is at a fault. The other party’s auto insurance may take weeks to admit fault and pay for your damaged vehicle. In the meantime, how are you supposed to get around? Sometimes, your insurance company might even pay for repairs and then subrogate this expense to the other insurance company after the fact. The same principle holds true with a work-related injury. Often, your health insurance carrier will pay for medical bills, knowing that it can subrogate to the workman’s compensation policy when the time comes.
Did You Know?
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The second example of subrogation can be illustrated by looking at a case where an insurance company is unaware that another party is liable for an accident, or in some cases, that another liable party even existed. Recently, our firm won a convoluted work injury case in which the injured victim was working for a temp agency. He was placed with another company where he was injured. The company that was borrowing the worker didn’t have workers’ compensation insurance, but the temp agency did. The temp agency acted responsibly and paid the worker to the tune of a six-figure settlement. However, our investigations later revealed that the other company was liable, and the workmen’s compensation insurer for the temp agency was able to subrogate the settlement against the liable party they previously didn’t know existed.
In most cases, subrogation neither hurts nor helps an accident victim. It’s just a way by which insurance companies divert the expense of paying benefits between each other. The only way an accident victim can be further victimized by subrogation is when he or she falsely concludes that they don’t need to consult with a lawyer because their needs are being met by subrogation.
If you’ve suffered a personal injury, and you have more questions about subrogation, call our Law Office today for a free consultation.
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In any personal injury lawsuit, the plaintiff must prove proximate cause. Proximate cause is the event without which the accident would not have happened – the sine qua non.
Proximate cause is not necessarily the first event in a series of events that led to the plaintiff’s injuries, nor is it necessarily the event that happened immediately before the injury. Proximate cause has to do solely with causing an accident. As an example, if a speeding motorist crashes into another car and the driver in that vehicle is injured, the speeding motorist’s reckless driving would likely be considered the proximate cause of the plaintiff’s injuries. That is, if the driver had not been speeding, then the other driver would not have been hurt.
However, proximate cause is not always so straightforward, as there can sometimes be multiple proximate causes to an accident. For example, consider a theoretical case wherein a pedestrian is struck by a drunk driver. Obviously, the drunk driver’s reckless action (driving while intoxicated) is one proximate cause of the pedestrian’s injuries. Texas law allows victims injured by intoxicated persons to (in some cases) hold the bar or establishment that served the intoxicated person responsible for any damages that intoxicated individual causes. In other words, if a bar or other establishment serves a person to the point of intoxication, that bar is thereby liable for any damages caused by the intoxicated person’s actions. This means that the bar where the driver got drunk in our example would also be a proximate cause of the victim’s injuries, and he or she could bring a lawsuit against the bar as well through a dram shop cause of action.
Whenever our firm takes a case, we conduct a thorough investigation of the details surrounding your accident. We work hard to identify every possible defendant so that you can be fully compensated for your injuries. We have a proven track record, with twenty years of experience in all personal injury practice areas.
Insurance adjusters and defense law firms know who we are, and they often cooperate fully with our settlement demands, simply because they do not want to face our attorneys in court. In other words, we can get you back on your feet quickly so that you can get on with your life. So if you or someone you love has been injured in an accident due to another person’s negligence, contact our Texas personal injury attorneys today, and let us help you bring those responsible for your injuries to justice.
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Our Attorneys Discuss A Victim’s Legal Duty to Mitigate Damages
Duty to mitigate damages may be a foreign phrase to you, but it’s an important concept to understand if you’ve been injured as a result of the negligent behavior of another person. When broken down into its parts, the phrase is easily understood. Duty means that a victim has a responsibility. Mitigate means to lessen. Damages, in the legal realm, refers to the financial losses that accompany an injury, such as medical bills or lost wages.
Together, a duty to mitigate damages means that an injured victim has a responsibility to lessen the amount of financial losses they sustain as a result of an injury. Such a responsibility means that the victim must seek out proper medical attention within a reasonable amount of time after suffering an injury.
As an example of a victim failing to mitigate damages, consider Craig’s plight. Craig’s construction site co-worker accidentally cut Craig’s hand with a saw while the two were working to erect a new building. Craig did not think the injury to be serious, so he continued working. After a week, the injury had become noticeably worse, but Craig didn’t want to take time off from work. Another week passes and the hand has become discolored. Craig is in immense pain, so he finally sees a doctor, only to learn that the injury has become infected and he must endure an amputation. In such a dire instance, Craig would not be able to pursue legal action against a liable party for the full extent of his injuries since he did not take reasonable measures to seek medical help. In other words, he failed at his duty to mitigate damages.
The Notion of Reasonable Care in Regards to Mitigating Damages
Texas personal injury law does not require that a victim take unreasonable steps in the aftermath of sustaining an injury. For example, Craig would not have been required to seal himself off in a sterile room until his injury was healed as that would be considered an unreasonable effort. However, the law does state that reasonable steps must be taken by an injured victim in order to minimize the extent of their sustained injury.
Working to ensure that your injuries do not worsen is vitally important for two reasons: your health and your possible personal injury case. If you’ve been in any type of accident that may have resulted in an injury, it’s in your best interests to be checked out by a medical professional as soon as possible after the accident. Some injuries may not be readily apparent at an accident site, or even in the hours after an accident has occurred. Furthermore, some injuries can take weeks or months to develop. By getting checked out by a medical professional as soon as possible, you can work to ensure that a more serious condition does not develop in the future. Your health, after all, should never be risked by simply choosing not to seek proper medical attention.
Furthermore, should you desire to seek compensation for your injury from the parties responsible for causing it, you will have a legal duty to mitigate damages. If your injuries are allowed to progress to a poor state due to failure to seek medical attention, the amount of compensation you could receive from a liable party could be drastically reduced. If a jury is able to assess you with more than 50% liability for your injury, recovery of fair compensation may be completely denied. In these instances, a defense attorney is tasked with the burden of proof. In other words, this affirmative defense means that the defendant’s legal representation must be able to prove that you failed at your duty to mitigate damages. By seeking proper medical attention after an accident, such a claim cannot then be brought against you.
If you’ve suffered an injury due to the negligent behavior of another person or entity, be sure to seek medical help within a reasonable amount of time. Often, seeking medical attention as soon as possible is in your best interests. Should you have questions regarding your duty to mitigate damages so that your right to seek compensation is preserved, contact the attorneys at our Law Office today.
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Understanding What Personal Injury Means and What a Personal Injury Attorney Can do for You
“Personal injury” is a legal term relating to a classification of law involving any sort of physical injury along with any and all “damages” suffered by the injury victim. Taken altogether, damages include physical and emotional distress and other elements that can be considered compensatory that produce the victim’s personal loss.
The person or entity that caused the accident can be legally required to pay to the victim. This person’s liability for the damages can be the result of an overt act on the liable defendant’s part (known as willful action) or inaction (negligence). When someone suffers an injury, Texas Law states that person, or plaintiff, who suffered the injury has the legal right to seek monetary relief from the defendant responsible for the injury.
However, the personal injury laws in Texas are based on rules known as the Texas Civil Practices and Remedies Code. And nowhere in the code does it say that an injured party (or plaintiff) is automatically owed anything by the defendant. Or to put it another way, just because someone hurt you, doesn’t mean you can’t get the money without a fight. Where do you think the popular words “sue me” came from? This most important, aspect of Texas personal injury law is also the most generally misunderstood. Just because someone owes you money for damages and harm done to you that they are responsible for, doesn’t mean they’ll just say “sure, how much do I owe?” Instead, according to these laws, the victim only has the right to seek fair and satisfactory compensation from the perpetrator (or defendant), for the injury they suffered. And that’s why you recover your damages through a civil lawsuit.
Personal injury laws in our state, like all civil and criminal laws in every state throughout the US, assume the innocence of the accused until proven guilty. This is why defendants are not automatically forced to give up their money. Rather, the laws require the plaintiff to convince the jury that the other person is guilty. This is called the “burden of proof.” It is also necessary for the plaintiff to disprove the defense tactics of defendants as they try to avoid paying the damages the plaintiff seeks. And some call this “burden of dis-proof” the other half of the plaintiff’s job in a personal injury case. And until your burdens satisfy the jury, you won’t be paid a dime.
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Many Have the Right to File a Personal Injury Claim or Lawsuit
The only people who can successfully sue another person or business entity for their injuries are those who were owed a legal duty that the defendant has somehow violated. Legal Duty is also a legal term that essentially states we all owe each other a certain level of responsibility to exercise a “reasonable amount of care and good judgment” in order to avoid harming others. Take, for example, yourself when one is driving a car. We are all expected to operate our vehicles in a manner that best protects not only us but everyone else within the path of our autos and not cause an accident. Driving recklessly, even if it’s just a few seconds, or making the decision to get behind the wheel of our car after having too much to drink, then getting into a wreck likely means we have violated our clear legal responsibility to not harm others and we will probably be asked to pay legal damages to anyone we hurt.
When someone harms us, just like the burden of proof, it is up to us victims to gather enough relevant evidence to show that the defendant who harmed us owed that legal duty, and then violated it, in order for our personal injury case to have the best possible outcome. But there are different levels of legal duty that depend on the circumstances of the accident. There are some areas of duty that are much higher than the traditional form we have just discussed. An example of this difference might be effectively illustrated by imagining the standard of care owed to you by your neighbor, and that of a doctor. Although you probably trust your friend and longtime neighbor with the keys to your house while you are on vacation, a doctor holds your very life in his or her hands. So, according to Texas law, the standard of care is much higher for that physician than it would for your friend and neighbor.
The degree of legal duty can also be different depending on the circumstances. Let’s say that the same doctor walks up to you in the grocery store and for some unexplained reason, pulls out a pocket knife and slices your hand. In this event, he has violated a lower legal duty because the encounter had nothing to do with a doctor/patient encounter than he would have if you were on the operating table, and he performs malpractice by operating on your left leg when he should have performed surgery on the right one. Legal duty is about circumstance and context.
Most personal injuries occur when someone clearly violates their acceptable legal duty depending on the environment and circumstances. Some legal duties can be clear-cut. Others can be a bit more obscure. Imagine, for example, if one company’s employee drops a hammer on the head of another. The legal duty of the employer to the injured employee has been violated because the work site was not safe, since that employer allowed that employee on the job site to cause the injury that he caused. But another portion of that same legal duty can be found in a legal concept in Texas law called “respondeat superior.” It states that employers of those found to be liable for an accident of any kind may be ultimately held responsible for the actions or inaction of their employees. But on the other hand, if the same exact injury situation occurred to a contract laborer or subcontractor of that employer, the company that hired them would not owe anything to the victim because there is no legal duty owed to individuals hired as contractors.
As a rule, the most proper and efficient way to decide if your case is a valid cause of action against the perpetrator or not is to speak with an injury lawyer at our Law Office. We clearly understand the various legal duties that people and other legal entities owe one another. We can clearly explain them to you and help you determine if a specific injury event warrants a personal injury lawsuit.
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The Three Ingredients That Make up a Successful Personal Injury Case
When it comes to successfully litigating personal injury cases the elements that must exist in order to win damage compensation are very clear. The first aspect is liability, either through negligence or another violation of legal duty. Second are damages to the victim’s estate. And finally, you must have a solvent defendant who can be made to pay the damages owed to you.
A more detailed explanation of these elements would include:
1) Liability: Once a defendant has violated their legal responsibility to another person, it is grounds for some liability, either a percentage along with other defendants or complete liability if that person or entity is completely responsible. In legal terms, they are responsible for any damages incurred on the plaintiff in proportion to their involvement in the harm suffered by the plaintiff. The main situation in which a defendant breaches their legal duty towards a plaintiff is through negligence, which is primarily considered irresponsible or brash actions, that have caused an “accident,” which can take on many shapes and forms.
It’s easiest to think of negligence as the means to the end, or to method through which the violation of the legal duty occurred. And there are degrees of that negligence. The most common form of negligence is simply not paying attention. When “gross negligence” breaches the defendant’s legal duty, then it is not a careless accident but in legal terms is called “willful intent.” A defendant who caused the injury through gross negligence has behaved in a way he or she knew could likely result in some kind of harm, such as drinking and driving. But he or she just didn’t care. On a different note, “intentional or deliberate torts” (a tort is a legal term for the violation of a civil duty) are constituted by intentionally inflicting trauma on another human being, including assault. This brief explanation should illustrate to you how negligence is often the most common form of violations against others’ legal rights. However, it doesn’t alter the fact that the victim/plaintiff must prove negligence, or some other form of disregard of their legal duty, was the cause of the plaintiff’s injuries from which the defendant is liable.
2) Damages: This is another word for any monetary loss of value that the plaintiff has a legal right to legally claim because of the defendant’s negligence. Damages do not include specific injuries to the victim. It is a general legal term that sums up all of the harm done to the plaintiff to denote financial injuries, as opposed to physical injuries. In the instance where the victim fractured his collar bone, the collar bone is the injury. For the examples, the damages would be any monetary costs and, or, losses that result from the injury. Damages will either fall into the category of General Damages or Special Damages.
General damages are of those deemed to be non-economic. This means they are much more subjective and should be handled and presented very carefully before a jury if you want to have the best chances of winning your civil trial. Some common examples of General Damages include:
o Pain and suffering
o Disfigurement
o Loss of consortium (or partnership, this can be classified as either a professional or marital partnership)
o Emotional distress
o Physical disability (either short-term, long-term or permanent)
Because of the subjectivity of these damages, a clear and effective explanation of your general damage suffering, to the degree that you sustained any, is a vital aspect of filing (and winning) a personal injury claim. General damages and the amount awarded for them differ with every case, even when the injuries are alike.
To better understand the subjectivity of general damages, imagine that two victims are in a blowout accident caused by defective tires where the vehicle rolled over and exploded. Both were badly burned. But one plaintiff was unconscious during the explosion. And though he suffered horrible burns, in his unconscious state he was not alert to experience the pain as it happened. But the other plaintiff was just as badly burned, and was fully alert enough to experience the full and terrible agony of being burned. So even though both of these victims may end up with similar injuries and medical expenses, each experienced a different level of pain and suffering. So it is quite likely that the monetary damages each victim is entitled-to would be different.
Hopefully, you better-understand why every accident will be different from the next and you should get an injury lawyer to help you correctly establish the right amount to demand, based on the details of your suffering and background.
Special damages involve the actual economic cost of your accident, which makes them much more objective because the amounts are easy to assess, although this is not always the case. In an event where the resulting injuries are absolutely disastrous to the victim’s state of well-being, the attorney will not be capable of determining how much longer their client will live, which makes lost wages damage extremely difficult to calculate based on their previous salary earnings and what they might have expected to earn through future promotions, or leaving that job to take a better one. So great consideration must be given to the more technical nature of the victim’s earning potential, like changes in a job description, pursuing higher education levels, or more specialized certification. All of these variables, and others would inevitably lead to a higher pay scale throughout the years.
Some examples of general damages are listed below.
Wages or earning capacity lost
Court costs
Medical costs, incurred in the past and future
Damages to the family’s property
Since winning compensation from the defendant is proportionate to special damages, it is very crucial to the plaintiff’s recovery for these damages are handled with care because they will most often take the form of monetary expenses previously paid or owed by the plaintiff, or maybe even the defendant if the injury is work-related or the plaintiff has some form of insurance to defray these costs; in which case, once the plaintiff wins damages, some of those monies might be owed the insurance carrier who paid those initial medical bills.
All of the damages that the plaintiff claims to have suffered from must be accounted for. The injury attorneys at our Law Office spend a large amount of time on each case creating what is called a demand packet. This is an itemized account of all the client’s damages, which is generally submitted to the defendant’s insurance company, plus a request for a specified amount of compensation.
Solvent Defendant: Though liability and damages are elemental in building a successful personal injury case, probably the most important is to have a financially solvent defendant. Without someone who can afford to pay your damages, it makes little sense to sue them in court. Financial solvency means they have the means to reimburse you for their negligent liability that caused the wrong you are now suffering. For example, if a driver accidentally crashes his car into you while swerving to avoid hitting a homeless person who was jaywalking, there is certainly provable liability and damages to your vehicle. There is no way to sue the homeless person who caused the accident because he has no financial worth. If the driver who hit you has no insurance, then you’re out of luck when it comes to collecting damages from those who caused the accident. It is unfortunate that some cases involving defendants without monetary resources will leave victims hurt and with no way to seek compensation for the damages suffered. You don’t like it but sometimes compensatory justice falls through the cracks of our legal system.
Such instances are more the exception than the rule which is why identifying solvent defendants is an area where an experienced attorney can be a great asset to you in getting the justice you deserve. While many defendants often attempt to shed their financial liability by claiming hardship and the lack of monetary means, many of them are simply trying to hide their true worth by stashing their money in separate, maybe even offshore, bank accounts, or closing all their accounts and hiding the cash in a safe deposit box, or falsifying their lack of insurance. We see many insurance falsifiers because some defendants are fearful that their carrier, having recently paid a claim or two, will drop them if they have to pay one more.
Regardless of what liable defendants do to prevent you from finding out their true worth, our experienced legal team won’t be denied from identifying, then recovering all possible monies that they may be trying to hide from you (and the court). An intensive asset check of all defendants is the most effective way to discover financial means that they try to hide. Luckily for our clients, many of these asset investigations turn up money that the defendant hoped we would never find, and often enough to pay your fair damage claim. Coupled with an equally stringent investigation of the events leading up to your accident, the asset check produces all the evidence necessary to bring your injury claim or case to a successful conclusion.
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There Are Many Benefits of Having an Experienced Personal Injury Lawyer On Your Side
Most Texans commonly assume that state law will magically deliver to them equitable financial recovery for their injuries. This assumption, in and of itself, is actually false. Personal injury victims have the right to ask for financial recovery. But they must secure it for themselves. It’s never given to them outright.
Texas Civil Practices and Remedies Codes state only that personal injury victims in the case of an accident may seek out compensation. They must follow specific legal guidelines and accept the fact that the burden of proof is on them, the victims. In order to be compensated, they must convince the jury that the defendant’s decisions can be considered the proximate cause or reason for the injuries that they sustained and by doing so, justify the amount of damages they ask the court (and the civil jury) to award them. Personal injury cases can get extremely touchy, especially if there are very large sums of defendant money (or defendant’s insurance money) at stake. It takes a special kind of attorney to be successful in this law environment. Until you hire an experienced injury lawyer, a host of less than knowledgeable friends and family are more than willing to give you “free legal advice” (which is rarely worth its no price tag value.)
You also might have a relative or friend who is a lawyer who wants to protect your best interests and represent you in a personal injury claim or lawsuit. And though we don’t want to stick our nose in your personal relationships, we must tell you that when it comes to legal representation of any type, it is certainly in your best interests to avoid retaining anyone who might have a difficult time emotionally disassociating him or herself from your case. Personal injury law can become quite passionate at times. And your attorney must be pragmatic, focus solely on the facts of a case, and be cool under fire in order to win your case, or successfully negotiate a just and fair settlement on your behalf. What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement and leaves even more money on the table due to that inexperience, or thinking more with their heart than their head? How will you feel about your friend or relative then? Very rare is the case where family members or friends belong in your legal business. And you would be wise to keep this in mind.
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Knowing the Law is Only Half the Battle
One of the reasons why there’s a lot of “free legal advice” from people who think they know the law, is that many feel that all one needs to do in order to represent themselves effectively in a lawsuit is to simply have the knowledge. So they think all they have to do to be a good lawyer is to read the law. Well, contrary to what you might think, knowing the law itself is only about 25 percent of the equation that will lead to a successful personal injury case. Let us ask you – if you know how to do math, work a 10-key calculator, and are a whiz at using bookkeeping software, does this qualify you to be a CPA? Of course not. There’s more to success than just knowing the tools to use. Most legal triumphs are a result of experience and knowing how to execute the procedures, proving the damages properly, and establishing a strong tie between the defendant’s actions and the victim plaintiffs injuries. Most importantly, however, your lawyer must have the knack of being able to convince a jury in an injury liability case. This is how to win a personal injury trial. Knowing the law is one thing. Applying it is altogether different. When it comes to any profession, from CPA to personal injury lawyer, experience wins every time.
Now you might be able to read a law book (although you’ll quickly learn that such reading can get awfully boring to non-lawyers). You might even have pride in your ability at being a tenacious negotiator in life, and in your gift for “doing deals.” But when it comes to personal injury law, someone on your side must know how to apply the law by using the proper procedural methods. Without it, you’re a legal accident waiting to happen and you will be lucky if your lawsuit isn’t thrown out on some obscure technicality long before your day in court
Sadly, many people don’t call an attorney until they learn, often by the experience of botching their case, that their chances of winning have become extremely low. Those who are successful in their personal injury case will tell you that if you call us quickly, you have a much better chance of winning your damage claims and cases than if you call us as a last resort after too much time has passed. By first attempting to represent themselves, and handle the issue alone victims are often misled by the insurance companies they have been corresponding with. Insurance companies know how to shed injury claimants and entice them with low-ball compensation amounts. We are aware of many people who have settled, and then called us, too late, when they realize they’ve been fooled into thinking they won, when not only did they lose, they got slaughtered. And after you sign that release attached to that check, the defendant (and his insurance company) simply skate away, with big smiles on their faces after victimizing you. You only get one shot at fair compensation. An experienced personal injury attorney helps you make it your best shot.
Insurance companies and their defendants are motivated by only one thing, to settle with you, hopefully for pennies on the dollar. If you are represented by a lawyer who has a winning track record and commands their respect and fear, your settlement magically becomes dollar-for-dollar. Non-attorneys rarely, if ever, create fear in the minds of an insurance company, despite their empty threats. Insurance companies have many ways to defeat you and your inexperienced legal counsel.
Do you know how you would need to respond to a motion for summary judgment or how you’re supposed to answer interrogatories? Can you effectively take witness depositions that get to the bottom of the facts in your case? Can you investigate an accident scene? Can you follow the paper trail of defendants who try to hide their assets and appear insolvent so they can avoid paying damages? What recent rules of Texas personal injury law apply to your situation? What should you do if a countersuit is filed against you, which calls for quick and proper action to prevent your civil damage suit from being dismissed? These scenarios are only a sampling of the common obstacles to a personal injury liability lawsuit we see every day. And they’re the same challenges your, or your attorney’s inexperience can bring doom to your damage case long before it’s time to appear in court.
Call the Injury Lawyers at our Law Office to Help You
If you or someone you love has suffered from a personal injury, the injury lawyers at our Law Office will assist you and bring to you the justice and fairest reimbursement you deserve. We have been fighting for our injury clients for over 20 years and won thousands of personal injury damage claims and cases. Like those we have won judgments for, we’ll do whatever it takes to help you, too
Put our years of experience 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 secure from your personal injury case, regardless of how it happened or who is liable, we can answer all of your questions. Call our Law Office now for a free consultation and find out how we can help you.
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Accident Attorneys Discuss Denied Insurance Claims
Having to deal with an insurance company, unfortunately, often follows being hurt in an accident. Victims of accidents expect to be fairly compensated for their damages. This expectation conflicts with insurance companies’ overriding interest in their own profits. In two decades of representing injured individuals, our Law Office has helped countless people who have had their insurance claims unjustly denied.
While individuals sometimes make procedural errors that result in claims being denied, especially when trying to represent themselves, it is not at all uncommon for insurance companies to mistreat accident victims and deny meritorious claims. An insurance company may deny a claim citing obscure, unintelligible jargon, and tell you that there is nothing at all you can do. The truth is that insurance company denials can be and are overturned regularly. Our experienced attorneys and legal professionals have years of experience helping injured individuals reverse insurance company denials. We would be happy to help you determine whether or not you could have your insurance company denial reversed. Our experienced attorneys are here to help you understand your options.
Our attorneys have experience helping individuals get insurance company denials reversed in many areas, including:
Auto Accident Claim: This kind of claim arises from a typical auto accident or car wreck involving passenger vehicles, such as a sedan or a pickup truck.
18-Wheeler Accident: An 18-wheeler accident is an accident involving a large commercial vehicle (as opposed to accidents involving only passenger vehicles).
Workplace Injuries: Any accident that occurs when you are on the job is a workplace injury.
Motorcycle Accidents: Motorcycle accidents involve one or more motorcycles.
Personal Injury Cases: This kind of case arises when a person has been negligent in their actions, or lack of actions, toward you.
Premises Liability: If you are injured on someone else’s property, you may have a claim for premises liability.
If you have been injured in any of these situations, but an insurance company has denied your claim or refused to compensate you for your injuries, our firm could investigate your case and determine whether we may be able to force the insurance company to reverse its denial and get you the justice you deserve. We also may be able to help identify additional parties who may be liable to pay for your injuries, so that you can be fully compensated.
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How can Your Law Office Help me if my Insurance Claim has Already Been Denied?
Insurance companies create their own rules for approving and denying claims. In many cases, their internal policies run afoul of applicable state laws and regulations. This means that insurance companies sometimes deny people’s claims illegally. Even if an insurance company’s policies are ostensibly legal, they are often unfair and unjust and leave injured individuals inadequately compensated for their losses. Our Law Office has years of experience taking on every major insurance company in the country. We go against insurance companies and carriers every day, and we know how they operate. We can use our expertise and knowledge to discover areas where insurance companies may be bending or even breaking state law in order to prioritize their profits overcompensating you for your pain and loss. We use this type of attack to compel insurance companies to reconsider and often reverse your denial.
Did You Know?
Our attorneys have won thousands of cases. Call us today to discuss your case.
Additionally, we can quickly assess whether an insurance carrier is taking advantage of you. Often we can get insurance company denials reversed without even having to go to court. This is because the companies are aware of our reputation, experience, and expertise, and they would prefer not to face us in court in front of a jury if we are forced to sue them over their unethical behavior. To put it another way, our knowledge combined with our track record means that we have a lot of leverage with insurance companies when it’s time to negotiate your claim.
Our attorneys also investigate claims. Sometimes we can uncover additional details of which you or the insurance company were not aware, or did not fully appreciate. New facts and more complete interpretations can cause insurance companies to reverse themselves and approve claims they initially denied.
Let our Legal Professionals Help get Your Claim Approved
Your insurance company is not telling you the whole story if they say that your claim is denied and there’s nothing you can do. You don’t have to just take their word for it and walk away. The truth is they can reconsider your claim and change their minds. Our attorneys can help you get an insurance company denial overturned. We have twenty years of experience handling all types of denied claims, and we know how to negotiate with insurance companies so that they give you a fair settlement. Don’t let your uncompensated injuries fatten an insurance company’s bottom line. If you have been denied, our experienced denied insurance claim attorneys would be honored to consult with you today to see whether there is anything he and his staff can do to help secure the justice and compensation you deserve.
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