Sole Proximate Cause
This only true defense a non-subscriber can use to avoid paying a claim is the Sole Proximate Cause defense – that the deceased employee was 100 percent responsible for his or her own death. The only way an employer can successfully prove this defense is by making your family out to be a habitually incompetent employee who was negligent on a regular basis. If successful in proving Sole Proximate Cause, the employer will be able to keep from paying your family the compensation that you deserve.

While it’s true the company did not see fit to pay for workers’ comp insurance, you can guarantee that company will open its checkbook and pay big money to a defense lawyer who is adept at dragging deceased construction workers through the mud. It is imperative you have an experienced and effective attorney by your side to defeat those lowdown tactics and protect your loved one’s reputation.

The Employer/Employee Relationship
A few employers will try and skate the rules by claiming the deceased worker was never really a “true employee,” but a contractor. In Texas, contractors are solely responsible for their own safety in the workplace. But merely making that claim does not mean that Texas law will view that worker as a contractor. Attorneys with our Law Office are very adept at proving that an employer/employee relationship existed by examining pay stubs and contracts and interviewing fellow workers in order to satisfy one of the several standards that prove an employer/employee relationship. These include:

The employer held back Social Security or taxes from the worker’s paycheck.
The employer was responsible for providing the equipment necessary for the worker to perform his or her job.
The worker was expected to follow a set schedule established by the employer.
Your family member either signed a document or performed a task, that limited his or her rights while working for that company. For example, he or she signed a document that stated he or she agreed to comply with an employee handbook or took a drug test.
The worker was not hired for an isolated, single job, but rather for an extended, undetermined amount of time.
Your loved one was paid via salary or hourly wage instead of job-by-job.

What Can You Do?
The first thing NOT to do is to ever, ever give up your right to sue by signing any sort of admission of your family member’s liability for the accident in exchange for a woefully inadequate settlement.

Next, you must act immediately to find a lawyer, or at least as soon as you can. It can be very difficult, and require a lot of proof, to protect the reputation of your deceased loved one.

Every minute you wait to hire an attorney is every minute that evidence disappears – witnesses’ memories become cloudy, and the physical characteristics of the accident scene itself begin to alter. The longer you wait to seek legal help, the more difficult time you’ll have unearthing the evidence that is crucial to prevailing in your case. A detailed investigation needs to immediately be launched. After all, the construction company, insurance provider, and defense lawyers will already be working for the other side. You need a tenacious and passionate attorney working on your side to match them stride for stride.

The wrongful death attorneys at our Law Office have helped the devastated families of construction fatality victims for two decades. We’ve won hundreds of wrongful death cases that resulted in millions of dollars in judgments for our clients. When hired, we will launch an immediate investigation into the circumstances surrounding your family member’s death and gather the evidence you will need to prove your case. We will not hesitate to pursue legal action against any liable third parties if necessary in order to ensure all of those responsible for the death of your loved one are held accountable. Our attorneys have either negotiated settlements with, or won lawsuits against, every major insurance company in the United States, so their high-powered operatives are well aware of our courtroom acumen. As a result, there are many times insurers will choose to make our clients a reasonable settlement offer rather than risk losing a much larger amount of money in a lawsuit. If they choose not to engage in negotiations, we’ll be well prepared to face them in court and make them regret that decision. If you have lost a family member due to a fatal construction accident, call our Law Office as soon as you can for a free and confidential consultation with an experienced wrongful death attorney and find out how we can help you get the justice and fair restitution your family deserves.

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Contact Our Tire Defect Attorney If You’ve Been Injured Due To a Tire Blowout

If you’ve been injured recently in a rollover accident because of a tire blowout, don’t anticipate the recovery compensation process for property damage and injuries suffered to be similar to seeking compensation for a typical car accident.

From a legal standpoint, there are several key differences between tire blowout accidents and other kinds of standard car wrecks. The only way to get the maximum compensation you deserve and to see all liable parties brought to justice is to contact a capable tire defect attorney you can trust.

Rollover accidents often lead to more serious damage to your vehicle and injuries to you and the passengers. Without the right legal representation, your insurance claim could very well be denied. If your case should go to court, there are slight differences in the way these cases are approached, which could confuse an inexperienced attorney and jeopardize your case’s chances for success.

How Are Rollover and Tire Defect Cases Different From Standard Auto Wreck Cases?
For one thing, the chances of multiple responsible or liable parties in a tire defect case are quite higher than a typical car accident. If a blowout causes a rollover, the manufacturer is likely to be held liable for the rollover. In addition, several other factors could have caused the tire to fail, including:

Improper installation and mounting of the tire.
Improper maintenance of the tire.
Whether or not the tire was intended for the vehicle it was installed on.
Besides the manufacturer, any party that was involved in the design, selection, installation, or maintenance of the faulty tire could bear partial liability, at least for the harm created by the blowout. Several other factors involving the manufacturer may have contributed to your accident, such as:

The design of the vehicle’s suspension regarding its resistance to rolling when both static and loaded.
The crash effectiveness of the vehicle related to the ability of its structure to withstand a rollover accident, and especially the firmness and compressive strength of pillars A, B, and C.
The presence and operating function of any additional safety equipment during a rollover.
Many other factors.

Selecting the Right Tire For a Vehicle Can be Crucial
You may be curious as to why choosing the right tire for your vehicle can be so important. It’s only a piece of rubber, you may be thinking. In reality, the modern tire is one of the most important and complex components on your car. Different layers of varied materials come together in the tire to allow for maximum heat treatment and friction resistance. The ability of the tire to function correctly often depends on a variety of chemical and molecular structures within the tire.

Four springs make up your vehicle’s suspension, and the tires are frequently called the fifth spring because they are very important for the absorption and release of energy throughout your car. Unlike the leaf or metal coil springs in the suspension, tires do not have a fixed spring rate. Basically, if the tire is in good condition and suited to your car, it acts as a good spring, allowing your vehicle to lean as you change lanes or turn, without the car turning over. However, if the tire is worn significantly or not suited for your car, then the tire becomes a poor spring, and the car may easily roll over when turning or even swerving quickly through traffic lanes.

As your car moves down the road, the vehicle’s weight pushes the tires downward into a flat spot that meets the roadway. This is called the contact patch. At the point where the tire stretches to meet the road at the contact patch, friction occurs, causing heat to be released into the tire. It’s similar to the phenomenon where a paperclip heats up as you bend it back and forth. With your tires, the rubber structure can become affected by the combination of heat generated on the contact patch, the heat created by compression of the air under load inside the tire, and the absorption of heat from the atmosphere.

Tires are actually the only parts on your car that make contact with the road. Taking into consideration all the ways heat builds up in and around the tire, and the small size of the contact patch (about the size of a shoe), manufacturers carry a tremendous responsibility for ensuring their tires perform as they are intended. If a manufacturer fails to supply the right tire for a particular vehicle, then rollover accidents are likely to happen.

Simply Deserving Compensation Is Not Enough
Just suffering an injury in a rollover accident isn’t an automatic guarantee you will be compensated for the harm done. You’ll need the help of a tire defect attorney to investigate your case, find the needed evidence, and support that critical evidence with expert testimony to secure your compensation.

Because there are so many potentially liable parties in your rollover accident, you will need an experienced tire defect lawyer that is familiar with investigating rollover wrecks to determine whose negligent behavior caused your wreck and then to hold them accountable with evidence. At our Law Office, we are aware of how quickly evidence begins to fade after an accident, so we conduct an extensive investigation immediately, sequester and examine all the vehicles involved, and focus specifically on the tires in rollover accidents. We evaluate forensic evidence from the scene, such as skid marks, and locate any witnesses or video evidence.

Yet merely having physical evidence is insufficient to win a case in court. You must also be able to convince a jury of the importance and validity of the evidence, and that often requires the testimonies of expert witnesses that interpret the wear and tear on the tires. At our Law Office, for the past twenty years, our tire defect attorneys have been handling rollover accident cases. We’ve developed consulting relationships with numerous experts who can influence the jury and sway them with facts to accept the evidence and conclusions presented to them.

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After a Rollover Accident, What Damages Can You Receive?

Although proving a rollover accident caused by a tire defect can be more complex than a standard auto accident, the types of personal injury and wrongful death damages an injured victim or their family can receive are similar to those for other types of accidents.

Injury Resolutions for Rollover Accidents
People injured in rollover accidents can seek compensation for the following:

Property damage
Pain and suffering
Past and future medical bills
Lost wages due to lost work while in recovery
Lost future earning capacity as a result of lifelong disabilities
Just like a wrongful death claim for medical malpractice or work-related accidents, families of those wrongfully killed in a rollover accident can seek compensation for both wrongful death damages and survival damages. The purpose of wrongful death damages is to compensate the loved ones for the losses they’ve personally suffered. These damages may be pursued by spouses, children, parents, and in some instances, siblings.

Wrongful death damages may include compensation for all of the following:

Any medical expenses paid by the deceased before they died
Funeral expenses
Loss of financial support supplied to the family by the victim
Mental and emotional trauma
Loss of the unique and irreplaceable familial love and consortium provided by the deceased.
Survival damages allow the closest living relative the opportunity to seek damages the deceased would have been able to pursue if they had survived the accident. This right passes down from the spouse to the children to parents and finally to siblings. It may include compensation for:

Property damage
Medical bills
Lost wages during the time the victim would have missed worked during the recovery process
Lost long-term earning potential because of possible disabilities
Pain and suffering experienced by the victim during the accident
Emotional and mental trauma the victim would have suffered during rehabilitation

The Tire Defect Attorneys at our Law Office Can Help
For an injured victim or the family of someone wrongfully killed in a rollover accident, there are various factors that complicate the process of securing the compensation deserved. Individuals without legal experience and attorneys with little experience have little chance of successfully wading through these highly technical cases. To ensure the best chances of recovery in a rollover case, you need a competent tire defect attorney who has a successful track record and who is familiar with all the complexities involved in these cases.

At our Law Offices, our tire defect attorneys have two decades of experience assisting victims of rollover accidents and their grieving family members secure the compensation they deserve for the injury done to them. If you’ve been injured, or a loved one killed in a rollover accident or any other type of tire defect accident, we can help. Call today for a free consultation with one of our tire defect attorneys. We’ll gladly answer any pressing questions you may have and help you start on the road to recovery.

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Our Auto Accident Lawyers Discuss Personal Injury Protection (PIP) Insurance After a Texas Car Accident

Texas car accidents occur every day and people injured in auto accidents often have several questions about how to file their insurance claims. No matter whether a demand letter is sent to your insurer or a lawsuit filed, anyone injured in any type of car wreck should file a claim under their Personal Injury Protection insurance, known commonly as PIP insurance.

Texas PIP insurance is a mandatory offering as part of regular auto insurance, but consumers can decline this coverage in writing with their car insurance company. Yet in Texas, many people hold misconceptions about PIP insurance.

The Truth about PIP Insurance in Texas
PIP insurance is no-fault insurance coverage. This means it does not matter who or what caused a car accident – just that there are injuries following the car wreck itself. Because of this form of insurance in no-fault, insurance companies cannot raise rates, premiums, or deductibles based on past or present PIP insurance claims.

PIP insurance covers you, the driver, and any other occupants in the vehicle. Additionally, if you were hit by a car while riding a bicycle or if you were hit by a car while walking across the street, your PIP insurance will cover any property damage or bodily injury you sustain as a result of the car accident, regardless of whether you were at fault for the accident.

PIP insurance reimburses you up to whatever your car insurance policy’s maximum PIP coverage amount is for any property damage, bodily injury, and 80% of your lost income as a result of the car wreck. In Texas, car insurance companies must offer you PIP insurance coverage of at least $2,500, but this amount can be higher at your request at the time the insurance policy is written.

PIP insurance claims do not affect any other insurance claims. Regardless of whether you have filed or will file additional insurance claims against your car insurance policy or another driver’s car insurance policy, you may still receive all compensation from your PIP insurance. Likewise, regardless of whether you file a personal injury lawsuit against another driver and the other driver’s insurance company, a PIP claim will never affect past, present, or future personal injury lawsuit nor a past, present, or future health insurance claim.

Did You Know? Our car accident attorneys have won thousands of cases. Call us today to discuss your case.

There’s a Catch
Insurance companies like to deny PIP claims made by their own insured and they often will do so based on odd technicalities. The best way to ensure that you receive the PIP benefits that you deserve is to have your attorney file the PIP claim for you, using the proper procedures, along with any personal injury claims that are filed against the defendant.

Our Law Office strongly recommends filing claims with PIP insurance immediately following any Texas car accident, regardless of reason or fault for the wreck. However, because PIP insurance maximums are often less than $5,000, this insurance coverage may not be enough to cover all medical expenses or property damage sustained during the accident. Contact us to speak with an experienced auto accident attorney about your personal situation following a car wreck. Call us for your complimentary consultation today.

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If Your Child has Been Hurt in a Car Accident, Don’t Delay, Call our Law Office Today

You probably have seen the car crash dummy videos. You know, the ones that simulate how a real person is likely to be thrown around the inside of a vehicle during a car crash. The replicated car wrecks are created for automakers and consumers to get the real scoop on how well their vehicles might react if it is involved in a real accident.

It helps potential car owners to evaluate how well a car’s safety features will respond to possibly save their lives. And it helps automakers know where they can improve their products and increase their sales compared to the competition. Depending on the speed of the vehicles on impact, those crash dummies are exposed to a lot of potential physical injury. And those are big dummies! What about the little children? Because children have less body mass they are more likely to sustain serious injuries if they are involved in a car accident. If you are the parent or guardian of an injured child in a car accident, it’s up to you to seek justice and compensation for that child. Call the personal injury attorneys at our Law Office today to discuss your child’s injuries.

Regardless of who is to blame for an injured child in a car accident, the use of child safety seats and other approved restraints provide greater protection in a crash than safety belts alone. According to The National Highway Traffic Safety Administration (NHTSA), child restraints decreased fatal injuries of infants younger than a year old by 58-71 percent and for toddlers, it decreased injuries by 54-59 percent compared to those who are not restrained. That means more than three hundred (300) children younger than 5-years-old were saved from sure death because they were restrained when the car they were riding in was involved in a collision.

The American Academy of Pediatrics (AAP) revised its suggestions about the safest way to transport children in passenger vehicles. Anyone who has a child riding in their vehicle should adhere to the following instructions:

Phase 1 – Infants from birth to thirty-five (35) pounds should be placed in a safety seat that is rear-facing and properly attached to the car’s back seat.
Phase 2 – After a child outgrows their rear-facing safety seat, which usually is when the child turns 3, the child can be placed in a safety seat that is forward-facing, but still in the back seat, until the child weighs no more than eighty (80) pounds and/or is at least 4-years-old. Remember to NEVER turn a child forward-facing before 12 months old AND 20-22 pounds.
Phase 3 – After age 4 and at least forty (40) pounds, children are allowed to ride in a booster seat with the car’s lap and shoulder belt used to secure them. Once the child is tall enough for the safety belt to secure them properly, usually when the child is 4’9″ tall, the booster seat no longer is needed.
Phase 4 – Once a child outgrows the booster seat, usually when he or she reaches 4’9″ and around 100 pounds, the adult safety belt should fit them properly. The lap belt fits low over the hips and at the top of the thighs. The shoulder belt fits across the center of the chest.
If you are unsure how to properly attach the child seat to the car’s seat, your local fire department personnel should be able to assist you with it. Or if you are leaving the hospital with an infant, medical professionals will instruct you on the proper use before you leave with your new family member.

The above regulations are national requirements. Additionally, in the state of Texas, a child who is less than 4’9″ tall is required to ride in a booster seat until he or she reaches 8 years old. And while the vehicle is in motion, anybody who is less than 17 years old is required to have their seatbelts buckled. If a law enforcement officer observes children riding unrestrained, the driver will be ticketed.

These national laws were implemented to save the lives of our youngest and most vulnerable citizens. Anyone who has children riding in their vehicles is required to have an age-appropriate safety seat in use. The use of safety seats has drastically cut back the number of injuries and deaths. More than 250,000 children suffered from injuries sustained in car accidents in one year alone. And approximately 2,000 of those children perished from their injuries. Don’t let your child become a statistic. Use proper age-appropriate restrains. If your restraints don’t prevent your child from being injured, or despite using proper restraints another driver is to blame for an injured child in a car accident, you have a parental obligation to seek justice for your child.

The state of Texas also leads the nation in the number of children – thirteen – who have died due to hyperthermia. Hyperthermia is another name for heat exposure or heat exhaustion. These littlest victims died when a caregiver, parent, or guardian forgot about them and left them strapped in their car seats for an extended amount of time in the hot Texas heat. The average outside temperature between June and September in Texas is 90 degrees. And that’s in the shade. Imagine how hot it can get inside an enclosed vehicle for thirty (30) minutes – let alone an hour – on a normal sunny day in Texas. If your child was injured or has died because of someone else’s negligence, you should seek the advice of an experienced personal injury attorney like the ones at our Law Office.

In the state Texas, there is a twenty-four (24) month statute of limitations that must be adhered to in order to file a personal injury claim if you were injured in an accident. When a child is the victim harmed, the statute of limitations ends two years after that child’s 18th birthday. It gives the underage child enough time to act on his or her own behalf just in case the parents or guardian did not fight for the child’s rights in a court of law at the time that the car wreck occurred.

Do not make the mistake of thinking that our Law Office is suggesting that it’s okay to procrastinate when it comes to filing a case against the person responsible for an injured child in car accident personal injury claim. In fact the sooner the claim is filed the better off your opportunities are of proving that your minor child has been injured in a car accident due to someone else’s negligence.

What is in the Child’s Best Interest?
Even though parents should know what’s best for their child(ren), if the parents are not attorneys, they probably do not know the best way to bring a guilty person to justice who is to blame for a child’s injuries or death in a car accident. That’s why parents of the minor should hire an experienced attorney who can present the best case now while all the evidence is still available.

In addition, the court could appoint a third party representative for the child, called an ad litem or child advocate. An advocate or ad litem is a neutral party who has no biological or personal connection to the parents or guardian of the injured child or the person responsible for the child’s injuries. The goal of the ad litem/advocate is to make sure the child’s interests are represented.

Calculation of Damages for a Child’s Injuries in a Car Wreck
The first thing you should do is to seek medical care for your child after an accident. If the crash is severe enough that an ambulance is called to the scene, it is in the best interest of your child to go to a hospital for a full medical diagnostic. Depending on the age of the child during the accident, any damage might cause the child’s physical development to be stunted or altered. Some injuries are not visible to the naked eye, but only in x-rays or through the examination by a medical professional. So even if your child is old enough to express his or her pain, don’t take their word for it. Allow them to get a full examination. It will be a part of your evidence should you decide to file a lawsuit against the person responsible for your injured child’s car accident. If money is a problem and your family is unsure how any medical bills will be paid, attorney might be able to help your child get the medical care he or she needs free of charge until after your injured child’s car accident claim is settled. Call our Law Office today to discuss your child’s injuries.

In addition to medical expenses, the negligent person or persons most likely will be required to pay general damages and special damages. The amount of damages will depend on the minor child’s age at the time of the accident. These cases often require certain legal presentations to win compensation from the driver who is at fault. The guilty person could be ordered to pay general damages and special damages.

General damages include pay off for physical pain and suffering and disfigurement if applicable. But if the child was permanently disabled in the car accident, the general monetary damage awarded could be higher than those for an adult. That’s because a child who is disabled will not be able to take care of themselves. So their financial support will depend on family members or they will become dependant on government assistance. As a disabled person he or she will need expensive medical care.

Special damages are the accumulation of the monetary damages suffered by the child. The amount could include medical bills, property damage expenses such as the vehicle the child was riding in or driving, any legal fees, and lost wages if the child was employed was working during the time of the car accident.

Our attorneys who represent children hurt in traffic accidents have more than twenty years of experience. Call our Law Office today to discuss your child’s injuries.

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Birth Injury Lawsuit Lawyer Discusses Brachial Plexus, Shoulder Dystocia, and Erb’s Palsy

Birth injuries can happen to anyone and can result in very serious medical conditions. Numerous factors, even seemingly unrelated ones like a rushed or tired physician, can result in life-threatening or long-term disabling injuries to both mother and child and can occur during pregnancy or childbirth.

While some birth injuries happen merely because of the statistical inevitability of nature, many other birth injuries occur because of the negligent actions of doctors, nurses, obstetricians, and other medical personnel, who have been given the incredible responsibility of safely delivering babies. Sadly, just a minor error by a physician can result in a lifetime of medical treatment, care, and special accommodations for a child who has suffered an injury.

Erb’s Palsy is one of the most serious medical conditions that can arise from a birth injury and is characterized by a significant decline of strength and range of movement in the child’s arm and shoulder. This injury can translate into mounting medical and treatment bills that can quickly overwhelm a parent or guardian. If you find yourself in this situation and struggling with these issues, and are suspicious that medical malpractice may have occurred in the injury to your child, you may potentially qualify for compensation for your financial losses and medical expenses, ranging from past bills to future or impending costs for medical care. Our Erb’s palsy medical malpractice attorneys have compiled this brief article to highlight specific kinds of birth injuries that can lead to life-long health issues for a child.

For the past twenty years, the birth-injury attorneys of our Law Office have learned the legal complexities of birth injury lawsuits. We can help you understand the intricate issues involving birth injuries and the litigation needed to solve them. Often in trying to decipher if the birth injury was a tragic natural occurrence or caused by someone’s negligence, parents have no medical-legal experience to turn to when an injury occurs. We can help make that determination and then work diligently to make sure your case is resolved to your satisfaction and that you receive the compensation you deserve.

Brachial Plexus Injuries
The brachial plexus is the bundle of nerves that connects the spine to the upper extremities, such as the shoulders, arms, and hands. Any excessive physical exertion or unusually difficult labor and delivery can injure both mother and child in different ways. Brachial plexus injuries can happen in exceptionally large babies, unusually small birth canals, awkward positioning of the baby in the womb, or abnormal activity in the uterus or womb. It is a fairly normal occurrence, afflicting nearly 20 percent of all childbirths. Dystocia is any excessive physical exertion or unusually difficult labor and delivery. It can injure both mother and child in different ways. Attending obstetricians and their medical staff have been trained to take reasonable care in delivering the baby without causing injury or harm because brachial plexus injuries frequently take place during childbirth.

In most cases, the medical staff bypasses vaginal delivery and performs an emergency caesarian section (c-section) or a high-forceps procedure. This can result in serious birth injuries to the brachial plexus nerve cluster that joins the hand, arm, and shoulder to the spine. In newborn babies, these nerves are clustered together in the shoulder before completely spreading throughout the entire arm in the adult arm and shoulder. The damage to these nerves can be significant, even to the point where the nerves become severed and lead to life-long debilities because of the way they’re bunched together. Sometimes surgery can be done to correct the damaged nerves.

Many doctors try to avert liability by telling the families of babies who suffered birth injuries, the harm that took place was unpreventable or was simply normal, under the circumstances. Some birth injuries happen just because of the statistical inevitability of nature, but others occur because of the negligent care from physicians, nurses, and other medical professionals, who were given the incredible responsibility of delivering the baby safely. Many of these injuries are diagnosed incorrectly. Many times a doctor will recognize the obvious signs, yet simply hope the injury or symptoms will go away. In some cases, the nerve damage does go away.

Shoulder Dystocia
Erb’s palsy usually happens when the baby’s shoulder getting stuck in the birth canal, which is a condition known as shoulder dystocia. If a weary or inexperienced doctor pushes or pulls too forcefully in attempting to dislodge the baby, shoulder dystocia can cause the shoulder to dislocate, which damages the brachial plexus nerve cluster. If an infant’s shoulder becomes immovable, the delivery process becomes quite risky, because of the extreme pressure put on the baby’s head, neck, and umbilical cord. If action is not taken immediately to readjust the shoulder, the baby could suffer severe brain injury because of the lack of oxygen to the brain. This lack of oxygen is called hypoxia. If too great a pressure is applied, the brachial plexus nerves can become stretched, bruised torn, or even severed. On many occasions, in these severe situations, medical malpractice occurs because of the aggressive or negligent behavior of health care professionals.

Erb’s Palsy
Erb’s Palsy most often arises from the condition of shoulder dystocia as mentioned above. Erb’s Palsy causes the muscles in the arm to lack adequate stimulation by the brain, which leaves the arm immobile or very weak, depending on the severity of the brachial plexus nerve injury.

Erb’s Palsy should be detected soon after birth by the attending physician and staff because the symptoms are immediately obvious. Babies can’t grip with the affected hand, lack voluntary movement in the affected arm, and hold their arm tightly pinned against their body, cocked at a 90-degree angle. Occasionally, less severe brachial plexus nerve injuries can be treated and corrected with proper treatment or specialized surgery by the attending physician. Erb’s Palsy, however, creates lifelong disabilities that require extensive treatment and therapy, including specialized adaptive technologies and accommodations. However, proper delivery techniques can prevent injuries to the brachial plexus nerves.

Call Our Erb’s Palsy Lawyer
The attorneys at our Law Office have been helping families recover from birthing process injuries for over twenty years. We understand how to navigate the rough waters of medical malpractice law, unlike many attorneys who simply avoid these type cases because they are too complicated and challenging to win. We will devote the time required to build a solid case to make sure those responsible for your baby’s shoulder dystocia, brachial nerve trauma, or Erb’s Palsy are made accountable. We’ve won millions of dollars in settlements from every major insurance carrier in the U.S. The insurance company adjusters and defense lawyers are familiar with our successful track record. As a result, our clients frequently receive fair settlement offers without having to go to trial. Our attorneys can ensure you get the best results possible so that your child receives the best treatment possible and compensation for the mental and physical trauma they have suffered in this ordeal. If your child has been injured in childbirth because of a medical professional’s negligence, call the birthing injury attorneys at our Law Office for a free consultation. We can answer your specific questions and help you make an informed decision.

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Our Texas Lawyers Discuss Mediation & Arbitration in a Texas Personal Injury Case

Alternative dispute resolutions are methods used by lawyers to attempt resolution of a case before it goes to a trial hearing. Many personal injury cases in Texas seldom go to court.

Attorneys choose mediation or arbitration, two forms of alternative dispute resolution, to achieve favorable results for their clients without the need for the time-consuming and oftentimes costlier prospect of a full trial. The Texas Alternative Dispute Resolution Procedures Act governs the methods used in alternative dispute resolution cases. While there are different methods to achieve resolution, in all cases both sides meet with a non-biased third party who works to bring both sides to a mutually beneficial agreement in order to prevent a case brought to trial. Our Texas personal injury law firm explains why alternative dispute resolution might be beneficial in your personal injury case.

Should I Choose Alternative Dispute Resolution?
The short answer is “maybe.” Depending on the nuances of your personal injury case, alternative dispute resolution might be beneficial for you. Our experienced attorneys can help you ascertain whether that might be the case for your case. Alternative dispute resolution is typically less stressful, less time-consuming, and carries fewer legal fees than taking a case to trial. Additionally, trial cases always possess a certain degree of the unknown due to the fact that an impartial jury is deciding your fate. When an experienced lawyer takes a personal injury case, they will typically begin building a lawsuit immediately, even if their client isn’t intending to file a lawsuit. However, this information can be put to good use when negotiating via alternative dispute resolution.

The Experienced Personal Injury Attorneys at our Law Office Can Help You Decide What’s Best
Alternative dispute resolutions can be beneficial to your case, but that might not be your best option. For instance, it’s possible that your best interests might better be served by a trial case. In other instances, alternative dispute resolutions might result in a deadlock, where neither party can agree to a mutually beneficial outcome, thus resulting in a trial case. Whatever the case may be, with twenty years of experience in personal injury law, the lawyers at our Law Office can help you understand your options and how choosing the correct route might help you receive just compensation in your personal injury case. Contact us for more information on whether or not alternative dispute resolution is right for your case.

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Legal Remedies For Injury or Wrongful Death From Pharmaceutical Error

All of us would like to think we can trust our bespectacled, smiling neighborhood pharmacist, but the raw reality is, nearly one in twenty prescriptions in the U.S. are filled in error and 100,000 people prematurely expire annually because of pharmaceutical mistakes or pharmacy misjudgment.

Although not every improperly filled prescription leads to injury or death, every time an error does occur, the needed medication is not given to the patient who is often in dire need of the proper medication for their condition.

If you have suffered an injury because of an incorrectly filled drug prescription or pharmaceutical error at your pharmacy, the medical malpractice specialists at our Law Office want you to understand the inherent complexities of these cases, so that you can make an educated decision about what legal options you should take.

How Do Pharmacy Mistakes Occur?
Most of the time, pharmaceutical mistakes occur because of the following:

The doctor incorrectly, or just not quite legible enough, writes a prescription that is difficult to read and results in a patient being given the wrong dose or wrong medication altogether.
A pharmacist makes an error in filling the prescription.
Often, the prescription drug itself can pose a danger. In that case, the drug pharmacy isn’t responsible if the correct medication was prescribed, the prescription was filled as instructed, and the drug was taken as advised. In these circumstances, the damages were caused by the drug itself, and the pharmaceutical drug company should be held liable or responsible for the injury.

Which Type of Lawsuit Should I File?
The type of lawsuit you file is dependent upon the type of pharmacy error committed. You will be filing a medical malpractice lawsuit, regardless of whether it was your doctor or your pharmacist that was responsible for you receiving the incorrect medication. Yet, the strategy involved in building an effective case is different, depending on if the liability arose from the doctor or the pharmacist.

Do I Need A Lawyer?
The medical and health care industry has been protected, in many cases, from illegitimate or frivolous lawsuits by recent tort reforms. Concurrently, those reforms have also resulted in legitimately injured individuals now finding it more difficult to get the compensation they deserve. It is very common nowadays, for cases without the proper documentation to be dismissed. Only an experienced, competent medical malpractice legal specialist in this field will understand how to locate expert medical testimony and the procedures for issuing subpoenas for the appropriate records.

We’ve won hundreds of cases against all the major insurance companies in the U.S. These firms are familiar with our success and reputation and in many instances will fully cooperate with our attorneys so they will not have to confront us later in court. We have a successful track record to stand up to your opposition and help you receive the justice and equitable compensation you deserve for your injury or loved one’s death.

Our Law Office attorneys are dedicated to providing you with the help you need to recover from your injuries incurred by the wrong prescription drugs. We have been litigating medical malpractice claims for two decades and have seen millions of dollars awarded to hundreds of injured clients. Call us today for a free consultation if you’ve suffered a prescription drug injury. We can discuss your legal options and the steps needed for you to recover physically and financially, so you can get back on your feet and move confidently into the future.

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Need An Attorney Experienced in Nursing Home Abuse?

As Americans start to age, some of them have health issues that keep them from being able to care for themselves or do the normal activities of an independent adult. These real-life issues, coupled with the fact that more American citizens are joining the ranks of senior citizens are the reason that the population of nursing home residents has exploded.

These days, moms and dads both must work outside of the home to make ends meet. So there is nobody available to stay home and take care of aging or ailing family members. Nearly everyone has a family member who has lived in a nursing home or is a resident of a nursing home right now. As much as we would like to think that the nursing home staff members treat our loved ones with kindness and patience, the reality is that nursing home abuse is a major problem in America so much so that there have been congressional hearings on the subject.

If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact our nursing home abuse attorneys. Call us for a free consultation. Traditionally elderly family members received care from their adult children and other members of the family. As married couples spent more time away from home working, nursing homes and daycare centers for adults and children who were unable to stay alone became a necessary part of society. As the cost of living goes up, some senior Americans don’t have enough money to cover their cost of living expenses plus their cost of the medicine that so many of them in this age range must take. So many senior citizens have had to give up their large homes and independent living to move into nursing care centers where they can receive medical care and the personal attention they deserve.

Advancements in medicine and in the healthcare industry have made it so that senior citizens are living longer and that’s why owning nursing home centers has become one of the most lucrative residential properties in the real estate business today. As profitable as this kind of business can be, some people only view the residents as dollar signs and potential paychecks rather than human beings who need extra care and patience.

For the elderly people who find themselves added to these numbers annually as they become nursing home residents, it doesn’t take them long before they realize their new environment is not as they envisioned. ‘Home’ should be a nurturing and peaceful environment. Statistics show that some nursing home residents endure mental or physical abuse because they are at the mercy of cruel healthcare workers. If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact our nursing home abuse attorney. Call us for a free consultation.

When nursing homes became popular some forty years ago they were not state-regulated and prospective employees were not screened. But as more senior Americans started to move into the nursing homes and abuse became a problem, more guidelines were put in place to address the issue. When applying for employment at nursing homes prospective employees were not required to have any formal training. Now, some forty years later prospective employees must go through a broad criminal and employment background check before they are allowed to start working. In the beginning, a drug test was just a visual inspection of how a person looked. Now drug tests are completed by medical personnel and the list of drugs tested for is extensive. Nursing home employers now put so much emphasis on drug tests because some believe that employees misbehave or mistreat their clientele because the employees are using drugs that alter their judgment. Also resumes help hiring managers to make better decisions on who will be a part of their staff so their elderly residents are more likely to receive adequate care.

As senior citizens continue to age they become less independent, more vulnerable, and less confident in their decision making. Their diminished capacity coupled with the overbearing behavior of the staff has subjected them to the demoralizing actions of nursing home workers on a regular basis. Some of the mistreatment includes slapping, pinching, being heavy-handed while grooming the patient’s hair, taking pictures of the patients in compromising positions and ignoring patients’ requests for help using the bathroom. Some residents have even reported that they were raped by nursing home caregivers.

The fact that elderly family members must live away from the family is the source of contention for many, especially since nobody can be sure how their loved one is being treated when they are not present. But here are some suggestions that will decrease the chance that your elderly family members will be victimized:

Relatives should make unannounced daily and weekly visits at various times.
If you can not make personal visits, be sure to make impromptu telephone calls.
Reassure the senior family member of your whereabouts and contact information in case they need help in an emergency.
Introduce yourself to nursing home staffers so they know you and other family members are concerned about the safety and happiness of your loved one.
If staff members know you and other family members are monitoring what happens to your loved one, they are more likely to treat that person with care and respect and less likely to act negligent or abusive. The nursing care industry also has worked to teach healthcare staffers proper techniques and more appropriate ways to care for infirmed senior citizens. That has added to the growing number of reliable nursing home employees working in the United States who are great at performing their jobs. Some of them even have earned degrees as Certified Nursing Assistants. Sadly though, some staffers have a history of domestic violence, drug addiction and some are unregistered pedophiles. It is clear that these questionable staffers who have managed to remain employed in this industry and have gone from job to job have preyed on the elderly for way too long. Senior Americans are in need of the same care that goes into protecting a child who is cannot defend him or herself.

If you have a loved one that is being abused or whom you suspect is being abused and who lives in a long-term nursing facility, call our Law Office as soon as possible. The longer you wait the more pain and suffering your loved one could be going through. Our attorneys along with our team of experienced investigators will do what it takes to uncover the suspected abuse. With more than twenty (20) years of courtroom success, our Law Office will help you protect your loved one against the ever-growing epidemic of nursing home abuse. The telephone call is free and the initial legal consultation is priceless.

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Nursing Home Abuse at Its Worse

The same as a child might not alert parents if she or he is being abused, some nursing home residents sometimes are too frightened to tell other staff members or family members for fear that the abuse will become more severe. That’s why nursing home management should do it’s part of let residents know that they are there to protect the rights of the residents and that any suspected abuse should be reported to them immediately without fear of retaliation. If a nursing home staffer is found to be negligent or abusive, the offending nursing home employee or employees could face criminal and civil charges.

The Legal Complexity Involved in Nursing Home Abuse Cases
Even if your loved one has told you that she or he is being abused by a staff member, most cases come down to what can be proven in a court of law. Pictures of physical wounds and other evidence is a good thing, but if the alleged victim is unable to testify to their experience or can not answer questions posed to them about the abuse, there is a slim chance that a personal injury lawsuit or even criminal charges will be filed.

Nursing home abuse personal injury charges are categorized as medical malpractice cases. In Texas, medical malpractice lawsuits payouts have been capped by Tort Reform laws. Tort reform was created to decrease the number of undeserving lawsuits that were clogging up the Texas court system. As a result of Tort Reform, it now takes an experienced and successful courtroom litigant who knows the ins and outs of proving personal injury in medical malpractice lawsuits. Our attorneys are such litigants. We are good at what we do best which is to use the law and our investigative skills to uncover the truth.

Some lawyers prefer not to litigate nursing home abuse cases because of Texas Tort Reform and because of the challenges involving these kinds of cases. The nursing home abuse attorneys at our Law Office know what to expect and will go to work for you. Contact us if you have a loved one that has been abused. The call is free as is the initial legal consultation.

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Giving birth is a significant time in the life of a parent. Sometimes, however, the joy of bringing a little one into the world is marred by birth injuries suffered while delivering the baby. Not only do you have to deal with the birth injuries, you probably have some serious questions, as well.

Who or what caused the injury to occur? What long-term effects will the birth injuries have on the child’s future development? What can I do legally? Is a medical malpractice lawsuit in the best interest of myself and my child?

Lawsuits pursued due to birth injuries are one of many types of medical malpractice lawsuits. These cases can be very complicated and are usually beyond the abilities of inexperienced attorneys or the average person. Our Law Office has 20 years of experience, during which we have helped many people with cases of birth injuries. We want to help you receive financial reimbursement for the pain and trauma that you have experienced.

Types of Birth Injuries and What Causes Them

The following is a list of a few of the types of birth injuries caused by negligence and medical malpractice:

Klumpke’s Palsy – paralysis of the child’s hands and forearms
Broken bones
Cerebral Palsy – injury of the brain often causes this motor condition, leading to the impairment of movement
Erb’s Palsy – this occurs when the shoulders and upper arms of the child are paralyzed. It is a type of Brachioplexus Palsy and can be caused by pulling excessively on the shoulders during delivery.
Brachioplexus Palsy – this can lead to paralysis of the child’s whole arm due to spinal nerve injury. It occasionally results from a forceps delivery.
Shoulder Dystocia – this happens when the head is delivered a long amount of time before the shoulders. This condition can then lead to Erb’s Palsy or Brachioplexus Palsy.
What Makes Birth Injury Lawsuits so Difficult to Pursue?

Tort reform has rendered medical malpractice lawsuits ever more difficult to pursue. The original purpose of this tort reform was to shield doctors from inconsequential charges against them. Thus, the standard of proof necessary to make a case for medical malpractice has been increased. This can present difficulties for those who have suffered birth injuries due to medical malpractice to receive appropriate compensation for their suffering. One result of this has been that many personal injury attorneys will no longer consider taking these cases, as they are so difficult to win.

Our Law Office has 20 years of experience fighting for families. We have experience dealing with these cases before and after the change in the laws. We have the knowledge necessary to build a rock-solid case against negligent medical professionals that result in birth injuries.

The process of giving birth can be incredibly complex. The tiniest blunder can lead to devastating birth injuries. Due to these factors, proving that negligence resulted in birth injuries requires an experienced attorney. Some of the key components of a successful birth injury lawsuit are the testimony of expert witnesses, assessment of the birth injuries sustained by the child, and inquiring into the circumstances of the delivery by asking the medical staff questions. Our Law Office has the expert witnesses you need to make sure your case is strongly constructed.

If You or Your Child Have Suffered from Birth Injuries Due to Medical Negligence, Our Law Office Wants to Help You

Our Law Office has the benefit inherent in twenty years of experience necessary to help you if you have suffered from birth injuries. We are familiar with the necessary components of a successful medical malpractice lawsuit. We know how complicated such cases can be, and we are committed to taking the time and making the effort needed to win them. We want to make sure that those medical practitioners whose negligent behavior resulted in your child’s birth injuries are held liable for the suffering they have inflicted. Our proven track record of winning settlements of millions of dollars for our clients is known to the insurance companies, adjusters, and their lawyers since we have faced every major insurance company in the country. We are often able to negotiate fair settlements for our clients without even having to bring the case to court since the insurance companies frequently wish to avoid the hassle of a court case. In the event that a settlement agreement is not reached, we are willing and able to take the case to court to resolve the dispute. If you are dealing with the after-effects of birth injuries caused by medical malpractice or negligence, give us a call for your free consultation. We can provide answers to your legal questions and inform you of the steps we can take to help you.

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Drunk Driving Accidents in Texas

If you or a loved one has suffered moderate, severe, or even fatal injuries due to an intoxicated or impaired driver, our experienced drunk driving accident attorneys may be able to help you recover the compensation you deserve. In this article, we’ll introduce the following topics:

Origins and purposes of Texas’ dram shop laws
Necessary proof in dram shop lawsuits
First-party vs. third-party dram shop claims
How our experienced DWI accident attorneys at our Law Office can help you recover compensation.

Origins of Texas’ Dram Shop Laws
The State of Texas has long been among the leaders in the nation in accidents caused by drunk drivers. Unfortunately, a large number of these accidents, and thus the catastrophic injuries that often accompany them, could have been prevented by a bar or restaurant refusing to over-serve intoxicated patrons. With that in mind, the Texas Legislature adopted the Texas Dram Shop Act, found in the Texas Alcoholic Beverage Code, in 1987 for the following purposes:

Allow injury victims and their families the opportunity to hold bars and restaurants responsible for their wrongful actions
To give injured victims another method of recovery besides the drunk driver themselves
To reduce the number of drunk drivers on the road by putting other alcohol providers on notice of the potential consequences of over-serving an intoxicated patron.

Necessary Proof in a Dram Shop Lawsuit
However, not every person hit by a drunk driver is automatically allowed to hold a bar, restaurant, or another alcohol provider responsible for their injuries. In fact, Texas’ liquor liability laws require injury victims alleging a dram shop cause of action to prove the following criteria before they can force a provider to provide monetary compensation for their injuries:

The alcohol provider served or sold alcoholic beverages to a patron, guest, or customer who was obviously intoxicated
As a result of over-service, the intoxicated patron was a clear danger to themselves, other patrons, and/or other drivers on the road
The individual’s over-service while intoxicated was the cause of the accident in which the victim was injured

First-Party vs. Third-Party Dram Shop Claims
Importantly, Texas law divides dram shop claims into two categories: first and third party claims. As its name suggests, 1st-party claims are those brought against an alcoholic beverage provider by the party who was over-served, or by their eligible family members in a wrongful death case.

Conversely, 3rd-party claims are those that are brought against a provider by a DWI accident victim or eligible family members for injuries suffered as a result of another party who was over-served.

Our Attorneys Have the Skill & Experience Necessary to Help you Recover the Compensation you Deserve
For more information regarding Texas’ dram shop laws and for a free and confidential consultation based on the facts and circumstances of your economic, emotional, and/or physical injuries, give our drunk driving accident lawyers a call today.

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Texas attorney Explains Drunk Driving Accidents & Texas Dram Shop Law

If you are not an attorney, liquor liability laws can be complex terrain to navigate. The validity of these cases is often criticized and misunderstood. However, legal statutes and case law support the fact that these laws stem from common sense ideas that we can explain here.

If you or a loved one has been injured, or someone close to you has been killed in a drunken-driving accident in Texas, call the drunk driver accident attorneys of our Law Office.

With more than twenty years of experience successfully litigating cases predicated upon a Texas Dram Shop Cause of Action, the attorneys at our Law Office are well-credentialed and can readily assist you in getting the justice you deserve.

This article, while here to inform you of your rights and responsibilities, is no substitute for the assistance one of our attorneys can provide. Below you will find useful information to help you understand Texas Dram Shop Laws that assign liability to parties that may be legally, entirely or in part, responsible for the death or injury of your loved one, what the challenges are in pursuing this kind of civil case, and some of the types of cases and claims we can initiate to afford you some relief for your anguish, pain, suffering, and related expenses.

The Basics
The legal implications and damages involved in a drunk driving accident are far more severe and intricate than the typical auto collision. The most noteworthy distinctions are:

Injuries sustained in accidents involving a drunk driver are typically more severe and have a higher fatality rate, which typically means there are more financial damages and, therefore, the legal battles become decidedly more aggressive, making having a competent legal representation of the utmost importance.
Often there are multiple parties who have violated laws that are in place to protect victims of this type of collision, which means you are best served by a multi-faceted strategy that assesses the value that can be recovered or gained by holding each party responsible.

Defendants in Intoxicated Accident Cases
Most people think that the most obvious person to pursue legal remedy from in an alcohol-related collision case is the driver, but often, individual drunk drivers who may bear the bulk of the responsibility for the incident are often not the most viable candidates if your immediate need is financial relief for medical or funeral related costs.

Under the Texas Civil Practices and Remedies Code, statutes state that in addition to suing the drunk driver for his or her negligence, victims also have the right, under what is referred to as “Dram Shop Law,” to pursue damages for the negligence of bars, restaurants or other persons or business entities that enabled the drunk driver to become intoxicated enough to cause the accident.

This liability was established under the theory that car accidents are not merely caused by the immediate action or reflex in the moment of the accident, but can be caused by a chain of events that led up to the accident. Under this logic, any entity that contributed to the chain of events that caused the accident can be held vicariously liable.

Why the Bar?
While most of us probably consider the personal responsibility of the driver to be most important on an emotional level, it is important from an ethical perspective, to ensure that bars and restaurants are not knowingly serving alcohol to drivers who get involved in these collisions when it is clear that someone who is leaving their establishment and may be operating a vehicle when their behavior or reflexes appear to be erratic, or they have consumed an amount of alcohol that puts their blood-alcohol-content (BAC) well above the legal limit. If these establishments were diligent in ensuring their patrons did not become overly intoxicated, drunk driving accidents could much more easily be avoided.

In addition to having greater means to provide financial remedies than the individual driver, the public message should be sent that the establishments and their employees should not be endangering the public by setting potentially dangerous drunk drivers out on the street simply because the bartender wants to keep collecting the patron’s generous tips or the bar wants to make more money.

In a lawsuit in which the driver and the bar are co-defendants, the court will assign damages for each party’s negligence, and the financial remedy coming from each source will be proportional to the court’s assessment of each defendant’s percentage of liability. Thus, while you may get more financial remedy by filing a case against both the driver and the bar, it is important to realize that this does not necessarily mean that you will get more money by digging into the pockets of the business over the means of the individual driver. It simply allows distribution of the responsibility which means, ultimately, you have a greater chance of actually getting the financial recovery that goes beyond what the individual driver would be able to pay.

Specific Rights and Responsibilities
Under Texas law, it is not only illegal to be behind the wheel of a car with a BAC of more than .08, but it is also illegal to be out in public with this level of intoxication, and it is also illegal for bars or establishments that serve alcohol to serve individuals an amount of alcohol that put them over this limit.

Science has proven that the consumption of alcohol impairs reflexes, judgment, and inhibitions, and thus, while a sober person may know his or her limit, once he or she has had a few drinks, that person may no longer be able to make a sound judgment of when he or she is too drunk to drive, and thus the serving party bears the responsibility of safeguarding the public and taking the appropriate action to prevent this from happening.

Many establishments have implemented programs to reward patrons who have a designated driver or have made partnerships with taxi companies to ensure that their clientele is not driving under the influence. That being said, there is nothing more motivating to the establishments who have not implemented such safeguards, than the potential negative publicity and financial cost of a lawsuit. In most cases, these establishments will likely be willing to settle and award financial remedy for medical, auto, and funeral-related expenses caused by a drunk driving incident for which they bear a portion of the legal responsibility, and with hope, they will then be more diligent in helping prevent public intoxication and alcohol-related accidents.

Proximate Cause
Because bartenders are reasonably expected to know that it is illegal to over-serve their patrons, if they choose to disregard this responsibility, they become the proximate cause of related injuries.

Legal Expectations
Bars are required to have all of their servers licensed by the Texas Alcoholic Beverage Commission, which entails each server’s participation in training that requires learning and understanding their rules and responsibilities and the consequences associated with failing to follow them. A bartender cannot simply be unaware of how they should transact their business.
Bars are expected to have written policies and procedures for handling the distribution and tracking of alcohol served.
Bars are required to have written policies and procedures for how to deal with overly intoxicated patrons.
Servers are expected to be on the lookout for signs of intoxication.

The Safe Harbor Defense
Provided a bar or alcohol-serving establishment has met the legal obligations outlined above, they cannot legally be held responsible for any degree of negligence in a drunk driving accident. However, many establishments may try to employ this defense whether or not it truthfully applies.

The unfortunate reality in preparing a case against an establishment using the Safe Harbor Defense is that the burden is on the victim or plaintiff to establish proof that there was a blatant disregard for the above guidelines. Dram Shop cases are not subjective, and therefore they can only be won if they clearly deserve to be prosecuted.

Next Steps
Deciding to get involved in a lawsuit can be an emotional experience, and you may have concerns about the cost, the time constraints, and in some cases, the consideration of the relationship you have with the person who caused the accident.

However, it would be unwise to allow time to slip by without looking out for the remedies you are entitled to and lose the evidence and opportunity to protect your interests in the matter because if you wait too long, your options may run out and the related expenses you incur could get beyond your control.

If you or a loved one was involved, injured, or killed in a DUI accident, call our Law Office for a free consultation, and we can discuss your concerns and help you find the right course of action to get the justice you deserve.

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Fatal Drunk Driving Accident attorney Explains What You Should Know in the Event of the Death of a Loved One in a Fatal Drunk Driving Accident

A fatal drunk driving accident has the potential to leave a tremendous amount of distress in its wake, ranging from incredible emotional/mental trauma and stresses and damage to the family fabric to financial destitution.

Texas citizens affected by fatal drunk driving accidents may be eligible for compensation for their pain, suffering, and financial losses via a wrongful death, or drunk driving accident lawsuit. If you have lost a loved one in a fatal drunk driving accident, please contact the knowledgeable attorneys of our Law Office to determine your legal rights and begin your appropriate course of legal action. Our firm has specialized in Personal Injury and Wrongful Death Law practice for over two decades and developed a nationally-renowned reputation for positive results. We have won cases against every major insurance company in the nation and helped thousands of our clients obtain just and fair compensation for their losses.

Wrongful Death and Fatal Drunk Driving Accident lawsuits often prove to be extremely difficult processes for the inexperienced lawyer, or non-attorney to successfully navigate. A proper and thorough investigation of the details of the accident can be the difference between having a claim dismissed, and receiving a fair settlement, or verdict, which effectively resolves your claim. If you have lost a loved one due to the negligence of a drunk driver, you need capable and experienced legal counsel to represent your interests and ensure that insult is not added to injury. Contact the attorneys of our Law Offices, today, for a free consultation.

Texas Dram Shop Law and What It Means to Your Wrongful Death, or Fatal Drunk Driving Accident Lawsuit
By definition, a “Dram Shop”, when utilized in context signifies a place where alcohol can either be obtained or is provided. The term is taken from its traditional use “dram”—the unit of measure roughly equal to 1/8th of an ounce utilized to describe the small amount of alcohol traditionally sold by shops serving alcohol in the early to late 20th century, as well as an apothecary unit of measure. In 1987, the Texas State Legislature passed the Texas Dram Shop Law Act, which effectively opened those responsible for serving alcohol to individuals to the point of, or exceeding the point of intoxication, to liability for damages arising from any accidents caused by that intoxicated individual.

The prevalence of alcohol and fatal drunk driving accidents in the State of Texas required action to be taken to better protect citizens, and facilitate justice in the event of a drunk driving accident, whether fatal or not. Before the passing of the Texas Dram Shop Law, Texas families suffering from the loss of a loved one in a fatal drunk driving accident had little other recourse for obtaining fair and just compensation for the full amount of losses incurred, other than suing the drunk driver. It was often the case that this narrow restriction did not result in an outcome where bereaved families obtained the full compensation needed to resume their lives and properly grieve for their lost loved one.

The Dram Shop Law operates under the duty of care, which all entities and individuals agree to, when obtaining a liquor license in the state, or when serving alcohol. For example, a bar serving alcohol to an individual must have safety protocols in place that allow them to regulate the amount of alcohol consumed by a patron and must be responsible for the safety of that patron in the event that he or she becomes intoxicated more quickly than anticipated by the employees of the bar. In many cases, if a person leaves a bar, restaurant, or other such entity while obviously intoxicated, then the bar, restaurant, or other such alcohol serving entity may be held responsible for any damages—including injuries and even deaths—caused by that intoxicated person.

Utilization of the Texas Dram Shop Law in cases of wrongful death lawsuits resulting from drunk driving accidents present a number of obstacles which may further complicate the legal process of successfully resolving your wrongful death lawsuit. There are four frequent legal obstacles you are likely to encounter in your pursuit of compensation, for the wrongful death of your loved one.

Jury misconceptions
An experienced defense team
The “Third Party” defense
And wealthy ruthless insurance companies

Jury Misconceptions Regarding Dram Shop Law
More often than not, juries hearing cases of accidents caused by drunk drivers, where the drunk driver has served time in jail for the breaking of the law, determine that justice has been served and that there is no further need for punishment. They often do not understand the financial ramifications that the wrongful death of a loved one often brings, such as funeral expenses, the detrimental financial impacts of income lost, medical or hospital expenses incurred (should the victim have been hospitalized before their death), or other such losses. It is necessary to have the aid of a well-informed and experienced legal representative, who will properly present factual evidence in support of your claim for compensation from responsible third parties. A knowledgeable and skilled Wrongful Death or Fatal Drunk Driving Accident Attorney will also take the time and effort necessary to convince the members of the jury of the need for the additional compensation sought from responsible third parties. The Wrongful Death and Fatal Drunk Driving Accident Attorneys of our Law Office have helped hundreds of our bereaved clients obtain fair and just compensation by successfully holding third parties responsible for their involvement in drunk driving accidents resulting in wrongful deaths.

Experienced Legal Defense Lawyers
In the passage of the Dram Shop Law, the Texas Legislature unwittingly created a culture of opposition, within both the legal and business worlds, in which bars, restaurants, and other such entities selling or serving alcohol and defense lawyers partner in attempts to deny liability for damages, arising from fatal drunk driving accidents. There has come into existence “Liquor Liability” defense law firms who exclusively handle the defense of Dram Shops held liable for damages in fatal drunk driving accidents. These law firms have developed a credible amount of experience in defeating the use of Texas’s Dram Shop Law, however, the skilled and well-informed attorneys our Law Office provide more than just a match for their tactics and arguments. Our Law Office has successfully defeated the legal arguments of every major Liquor Liability law firm and recovered thousands of dollars of damages for hundreds of our clients. If you have lost a loved one in a fatal drunk driving accident on the roads, contact our Law Office and let us be your shield against the defense law firms’ attempts to deny your claim for fair and just compensation for your loss.

The “Third Party” Defense in Fatal Drunk Driving, and Wrongful Death Accidents
Should your pursuit of compensation go to trial, the legal defense strategy will center, most certainly, on the drunk driver him/herself. It will be the goal of the defense lawyers to prove that the greater or greatest responsibility for the death of your loved one lies with the drunk driver (to diminish the apparent responsibility of their client(s), who served or sold the alcohol to the drunk driver). However, your Fatal Drunk Driving or Wrongful Death Accident Attorney from our Law Office will ensure that the members of the Jury fully recognize and understand the complicity of the Dram Shop(s) in the accident that took the life of your loved one. We will fight, at every turn, to skillfully overturn their lawyers’ legal arguments and expose the liability of their clients. With a nationally recognized reputation for obtaining results for our clients suffering, caused by the negligence of others, you can be assured that we will obtain the compensation due, so that you can resume your life.

Insurance Companies, and Their Potential Role in Your Pursuit of Fair and Just Compensation for Your Losses
We often encounter defense strategies dictated by insurance companies attempting to avoid having to pay damages on behalf of their clients. Be advised that it is in the best interests of the insurance companies to pay as little as possible to you, the victim in the event of an accident caused by the negligence of their policyholder(s). Tactics utilized by these companies range from tricking you into accepting a low-ball settlement (one which is wholly insufficient to fully recover your financial losses), to intentionally attacking the character of your lost loved on in an attempt to place blame upon them for their own wrongful death. Insurance companies facing the gauntlet of legal action, and the greater potential for subsequent awards of damages possible in the trial, enlist an entire range of strategies and arguments to either completely avoid liability, or decrease the amount they will have to pay. The attorneys of our Law Office want you to rest easy. We have successfully battled nearly every major insurance company in the country and recovered $1,000 in damages suffered by our clients. Every major legal defense law firm in the nation recognizes our reputation for a thorough investigation and aggressive litigation in pursuit of justice for our clients. Although recent judicial decisions and legislative actions have further restricted the successes of other law firms’ attempts to secure justice for their clients, our Law Office continues to be one of the most highly recognized legal practitioners known for successfully litigating cases and providing positive results for our clients. Do not allow your legal rights to be taken from you, or your entitlement to just and fair compensation for your losses to go unused. If you have lost a loved one in a fatal drunk driving, or wrongful death accident contact our office today, for a free consultation. Let us recover your financial losses, protect the memory of your loved one, and battle for your rights. We are here for you.

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If you’ve suffered moderate to severe injuries while using a defective product or as a result of someone else using a defective product, our experienced defective products liability injury attorneys may be able to help you recover the compensation for your injuries you truly deserve. Through over more than 20 years of experience, we’ve observed that many of our clients wished they had at least a working understanding of Texas’ product liability laws before contacting our firm. With that in mind, we’ve developed this introductory article and subsequent sister articles describing the following areas of Texas’ products liability laws:

Possible defendants in products liability lawsuits
Defectively designed products
Defectively manufactured products
Products featuring defective warnings
Car accidents caused by defective products

Possible Defendants in Products Liability Lawsuits
Injury victims should be glad to know that Texas law allows them the opportunity to hold all members of a supply chain who assisted in bringing a dangerously defective product to market for their injuries. A selection of common defendants in injury lawsuits premised on defective products include:

Product and component part designers
Product and component part manufacturers
Suppliers of the final product and its component parts
Retailers of the defective product and its component parts
Distributors of both the final product and the component parts from which it is composed.

Defectively Designed Products
Texas law holds that a product is “defectively designed” when, due to its design, it’s rendered unsafe for its intended and reasonably foreseeable uses or is inherently dangerous. Unlike manufacturing defects, design defects affect a product’s entire product line. Thus, design defects are often featured in product recalls and class action lawsuits.

Defectively Manufactured Products
Somewhat similarly, products are deemed “defectively manufactured” when, due to some departure from an appropriate design, a product is manufactured so that it’s unsafe for it’s intended and reasonably foreseeable uses.

Products Featuring Defective Warnings
Finally, Texas law considers products that lack warnings of non-obvious dangers to be “unreasonably dangerous” for consumer use. It’s important to note that warning defects can quickly become quite complex, and thus necessitate the attention and care of only the most experienced products liability attorneys, like ours at our Law Office.

Car Accidents Caused by Defective Products
Although discussed more fully in our article concerning defective products and car accidents, defective products are a leading cause of severe injury and fatal car collisions. Here’s a non-exhaustive list of defective products resulting in motor vehicle collisions:

Defectively designed and/or manufactured vehicle roofs in rollover collisions
Defectively designed and/or manufactured glass that shatters or doesn’t shatter as designed
Defective seat belts that fail to remain latched during a collision due to defective design or inferior materials
Tire tread separation due to defective design and/or manufacture
Defectively designed electrical components like cruise control sensors
Defectively manufactured mechanical components like braking systems and steering linkage

Contact Our Experienced Defective Product Injury Lawyers Today
If you suspect your or your loved one’s injuries were caused by a defectively designed, manufactured, or product that featured defective designs, our experienced product defects lawyers may be able to help you recover the compensation you deserve. Call us today for a free and confidential consultation based on the facts of your case and more information regarding how our Defective Products Lawyers can help you.

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There are 125,000 cranes being used in America right now. We use them for transporting heavy objects and supplies to that we can have our skyscrapers, stadiums, and churches. Any complication that may arise will make operating the crane dangerous for its driver, the co-workers at the site, and any bystanders below the crane.

People can be easily killed if the crane loses its payload or if the line snaps. Buildings can be crushed if a crane falls or hits other structures. An operator can be electrocuted if a crane strikes a power line. That accident can be easily avoidable if the employer purchased a non-conductive hook and had it installed onto the crane. But, here are some other types of crane injuries and deaths that are unavoidable: Electrical shock, dismemberment, burns, spinal cord injury, and traumatic brain trauma.

Who was responsible if you have become a crane accident victim? There are numerous parties that are responsible. If your employer failed to provide a safe working environment to you, under a workers’ compensation claim, they will be held accountable. What if another party’s negligence caused the accident? A property owner may have had equipment that would have blocked the path of the crane, causing the accident. If negligence was the cause of the accident, you can file a lawsuit. The crane accident attorneys of our Law Office have been litigating lawsuit claims for twenty years. We can help you with your case.

The Occupational Safety and Health Administration (OSHA) have the following guidelines on the use of cranes on construction sites:

Regarding the operation of the crane, employers have to obey all manufacturer limitations and instructions.
Instructions about the crane’s load capacity and safety warnings must be visible to the crane operator.
The crane has been inspected by a safety inspector prior to operation. If there is anything broken or defective, it must be replaced immediately.
The employer’s responsibility is ensuring the crane is placed away from overhead power lines. If a crane must be operated near a power line, the employer must ensure the power line is shut down.
If an employer fails to comply with OSHA rules and guidelines on the use of cranes resulting in your injury, you have the right to file a lawsuit. However, depending on whether or not your employer has purchased a workman’s compensation will depend on the amount of compensation that you could demand. A Texas employer who buys workers’ comp is called a subscriber. A Texas employer who doesn’t buy workers’ comp is called a non-subscriber.

The state of Texas doesn’t require all employers to have worker’s compensation. But having workers’ comp is very expensive, so a lot of employers chose to turn it down. If an employee does get injured, an employer is willing to lie about having workers’ compensation in order to avoid a lawsuit. You can’t believe what an employer tells you. You need an experienced crane accident attorney in order to find out what the truth really is.

The real reason employers buy workmen’s compensation is because they are looking for protection from lawsuits. If you’ve been injured on the job or a loved one’s been killed on the job, you can’t sue your employer. The only way to sue a subscriber employer would be if the employee committed gross negligence. But it does not mean that this will end there. The insurance provider will be more than happy to provide for the injured and or family members of the deceased. They’ll pay for the medical bills and lost wages without a hassle. They’ll do all of that because they’re here to help their business. It only looks as though they’re helping you.

Every year, they’ve denied claims to countless employees. Insurance companies of non-subscriber employees will do anything to avoid providing compensation to injured employees. Workers’ compensation is needed in order to decrease lawsuits for injuries or accidental deaths in the workplace, but sometimes a lawsuit is the only way to get justice. It’s important that you have an experienced crane accident attorney on your side to take on the insurance companies.

The insurance companies will have a team of attorneys on their side. They’ll either try to convince you or force you into taking a poor settlement offer that couldn’t be enough to get you back on your feet. The attorneys at our Law Office will not only access your damages, we’ll determine if the insurance company is not being honest.

There are ways in which a victim can seek compensation from their subscriber employer or any third party:

If the gross negligence of the employer led to the death of your loved one, you can file a wrongful death lawsuit.
Someone else’s negligence, besides the employer, may have led to your injury suffered in a crane accident.
The property owner didn’t provide safe working conditions.
Manufacturers may be liable for malfunctioning machinery.
The operator may not have operated the crane properly.
Another contractor or employee could have negligently caused the injury. In this case, you can sue the responsible party.
It takes experience to identify all parties responsible and make them accountable for the injuries they have inflicted. If a worker suffers an injury due to the negligence of a subscriber employer and a negligent third party, the injured worker may seek compensation for both a workers’ compensation claim and a personal injury lawsuit.

Employers avoid buying workers’ compensation insurance because, in the construction business, insurance costs can be expensive. These employers are called non-subscribers. And when taking on a non-subscriber, you will need an attorney that will ensure that you get adequate compensation.

The Texas Government implemented workers’ compensation laws so that subscribers could be protected from lawsuits. Since you’re pursuing a lawsuit against a non-subscriber, you can look forward to greater compensation for your injuries or damages. You only need to prove standard negligence.

In a non-subscriber case, the law can be very complex. You would need an experienced crane accident attorney that can help you through this process.

The plaintiff will file a claim against the defendant that will inform them of the injury and the amount of compensation needed for damages. The easy way would be for the defendant to pay or negotiate with the plaintiff about the settlement. However, the defendant will contest the settlement and the parties will go to court. The plaintiff will have the burden of proving that the defendant was responsible for the injury leading up to medical costs, lost wages, and pain and suffering. Luckily, the plaintiff has to establish standard proof of negligence.

At this point, the non-subscriber employers will use some clever maneuvering to avoid paying you anything in court. Here are some examples:

A defense that the employer will use to their advantage is called sole proximate cause. They will claim that the plaintiff is 100 percent responsible for their own injuries. The defense lawyers are willing to destroy your name and credibility so that you will look like the negligent employee that was responsible for the accident.

The employer avoided paying for workers’ compensation, but they are willing to pay for the best attorneys that money can buy. Dragging an injured victim through the mud is a small price to pay for the employer who doesn’t want to take responsibility. You need an attorney with the expertise and the skills to defend your rights.

Do you know why many construction companies hire their employees as contractors? There is no obligation of safety for contractors. Your employer will deny that an employer-employee relationship exists between you two. How can they pay for your injuries, if there’s no evidence that states that you have been employed by them?

In some cases, the employer knows that an employer-employee relationship exists with the victim and they were able to secure compensation. The law sees you as an employee and you are entitled to compensation for injuries suffered on the job.

You need a crane accident attorney who can establish the employer-employee relationship between parties if they meet the following standards:

Social security and taxes were withheld by the employer
The employer provided equipment on the job
The employer provided a set schedule
You were managed, trained, and inspected by the employer daily
Documents that prove that you had to perform tasks in order to work for the employer: such as taking a drug test
You were hired for an undetermined period of time
You were was being paid on an hourly or salary wage
Our crane accident attorneys have the experience handling on the job injuries. We can help you identify all of the parties responsible for your accident and make them pay for all of the damages.

For twenty years, the lawyers of our Law Office have helped injured construction workers recovered millions in damages. We can handle any crane accident case, including those with many defendants. We know the OSHA regulations and can provide expert witnesses who can testify about the issues of workplace safety and operating heavy machinery. Call us today for a free consultation.

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Common Challenges You Will Face

The most common obstacle on the way to compensation is the insurance adjuster. If your injuries are severe and expensive, you may rely on the adjuster being hard on your case. These insurance adjusters do it for a living, and they know how to throw the blame on the victim or to deny the claim if they may show that the victim was even remotely liable for the damage. They may lessen the compensation if it is shown the victim was the cause of a part of the accident. By placing the blame on you, the insurance adjuster may stand to save his firm thousands, perhaps millions, of dollars that you would be entitled to. Insurance firms measure success in terms of profits, not harmed victims that they aid.

Insurance adjusters will many times give the unsuspecting victim a settlement offer, which is not adequate compensation for the damages you have incurred – especially when the victim is not an attorney. The sole reason the insurance firm makes this kind of settlement is to low-ball you. They already know that eventually, they will pay more if it goes to trial, and are trying to save themselves money. Most probably, if you received such a settlement offer, then you are entitled to much more than they offer. Do not sign any documents that will give the insurance firm a waiver from future suits without first consulting an attorney. If you sign the waiver of responsibility or agree to give up your legal right to sue, then there is nothing any attorney in the world may do to aid you.

Eyewitness Accounts and Testimony
Reality as recalled by witnesses is a matter of perception, and in most crashes, there will be more than one version of what occurred and who is liable. If this is the case in your vehicle accident, you must have physical evidence to substantiate your story. Finding this physical evidence requires the trained eye of a professional investigator. Without adequate legal help, victims many times may not discover vital physical evidence. If you try to rely solely on your testimony, you will not be able to show your case and recover the compensation you deserve. Our vehicle accident attorneys are skilled in the art of investigation, and our firm undertakes a thorough review of all the facts of your case as soon as our firm is hired. Our firm discovers the physical evidence and testimony to prove your claim.

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The Elements You Have To Establish in a Claim
The first thing a vehicle accident attorney has to show that the defendant owes you a duty of care to use precaution to make sure that they don’t harm you. The law establishes this level of care, owed from one party to another, depending on the circumstances of the situation. Showing that the defendant in your case owed you at least a basic duty of care would very probably be quite easy since nearly all the drivers have an obligation to drive safely as a reasonable person would. Chances are that this “reasonable party standard” applies to the defendant here.

After your vehicle accident attorney establishes that the defendant in your case owed a duty, you must show he has breached that duty. In almost all cases, it will require showing that the defendant was driving in a manner that a reasonable party would not. If the defendant drove unreasonably, even for a moment, he may be liable for consequences. Showing that the defendant breached the duty of care requires that you bring proof to the court of law to establish exactly what the defendant did or did not do. The jurors in your case will consider the physical evidence and proof that the rest of the circumstances surrounding the defendant’s actions to decide whether the defendant’s conduct was unreasonable.

When the parts of duty of care and breach have been shown, you must show that the defendant was negligent and that negligence was the cause of your injury or loss. Showing negligence is not enough to hold the defendant liable for any injuries. You must also show that the negligence was the cause of the wreck. In a motor vehicle accident, there are many times several parties who may be responsible. The defendant, as an excuse, may use other drivers, or pedestrians, and even something in the road. The defendant in his case very probably will not be the sole one who may escape responsibility by convincing the jurors that a third party was the cause of the accident, that you had a preexisting injury, or that you have was the cause of your own accident. It is vital to have sufficient physical evidence to show that it was the defendant’s behavior that harmed you. It is another reason you need a knowledgeable vehicle accident attorney.

Compensation for Damages
You must then have your vehicle accident attorney show damages. “Damages” does not refer to your bodily injuries. Instead, it refers to the financial value of your injuries you want to receive from the defendant if you win. To show what you deserve to receive, you calculate exactly what you need to pay all your losses and injuries and provide physical evidence of your injuries and losses to support your calculations. Losses such as pain and anguish, lost wages, loss of earning capacity, health care bills, and repair bills may be recovered. When you’re busy calculating how much you think you have in damages, the defendant is doing likewise. They always calculate it as less than what you figure. The defendants argue that in reality, you want more than you deserve for your damages and that you’re looking for easy money. To show the jurors that the amount you requested is legal, right, proper and that the defendant’s statement is nothing but a last-ditch attempt to escape the responsibility, you must have proof of loss available to support your calculations.

Figuring the total amount of compensation is critical because you have one chance to claim whatever you’re entitled to. This may be hard unless you have the knowledge to do so. How may you put a price tag on intangible losses such as pain and anguish? In calculating the loss of earning capacity, how to account for hypothetical raises and promotions you would have earned if you had continued to work? How do you calculate how much all your health care fees will amount to if your treatment is still continuing? Our vehicle accident attorneys know how to justify and calculate all your damages to make sure that you recover as much as possible.

In some kinds of cases, the jurors may be wary to view your request for compensation in a positive light, even if the claim is justified. In particular, it happens in regard to soft tissue injuries like muscle strains, tendon hyperextensions, sprains, and things like whiplash because they cannot easily be shown to other injuries such as broken bone or cut limb. Soft tissue injuries may many times hide most of the injuries that could take several months of rehabilitation to recover. If you have incurred a soft tissue injury, you need a vehicle accident attorney to convince the jurors of the seriousness of the harm to you. Our lawyers have developed a Rolodex filled with expert witnesses in every branch of medicine that may really attest to show their injuries, to even the most skeptical members among the jurors, so that our firm may show the damages that are owed to you.

Many Parties Could Be Liable

In many road wrecks, several parties can be the cause of or what contributed to the chain of events that was the cause of the vehicle accident. If your vehicle accident was the result of a drunk driver, whoever served the driver beyond the point of intoxication may be held liable because of Texas dram shop laws. If a mechanical problem was the cause of the wreck, the manufacturer may probably be held liable in case of product liability. If several parties were the cause of a crash, then separate lawsuits must be brought against them, and damages must be determined by the degree of responsibility of each party. Properly allocating blame and the exact amount of damage is very complex, and it takes a well-seasoned vehicle accident attorney to make sure you get what you deserve.

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When the Vehicle Accident Was Fatal

Losing someone in your life to a fatal vehicle accident is a devastating event. Our firm understands that you’re probably dealing with more than you think you can handle. The fact of the matter is that you deserve compensation so that you may take care of surviving family members and loved ones. Under Texas wrongful death law, a civil legal action for negligence and/or wrongful death will usually involve two kinds of damages and the possibility of several different claims. The damages available are damages for wrongful death or survival damages.

Compensation for wrongful death will include all the pain and anguish (and that means both financial and emotional) that the plaintiff has incurred and still incurs because of the death of the victim. The deceased’s loved ones can claim these sorts of damages. Any number of claims for damages may be applied for in a wrongful death legal action. These sorts of injuries frequently are:

Funeral bills
Compensation for the absence of companionship and consortium by reason of the death of the victim
Absence of financial support provided by the victim before death
Compensation for psychological and emotional anguish that was the cause of by the absence of a family member
Survival damages are all the damages the victim might have claimed in compensation if he had survived the vehicle accident. The plaintiff who is a survivor has the ability to pursue injury damages, standing up for the victim who died and representing them in court. In most claims, the plaintiff who is pursuing these survival damages will of course also seek damages for wrongful death. There may be sole one survival damage claim for a wrongful death legal action since there is sole one personal injury legal action to inherit, and the closest and most direct living relative typically inherits that claim. These are:

Physical pain and anguish
Loss of future earnings potential
Any damage to property
The mental and emotional damage that was caused by the incident
Any health care bills paid before the victim’s death
Compensation for disfigurement or any other long-term injuries
Absence of wages from time spent in the hospital

Wrongful death damages and survival damages claims are different and each must be sought through unique legal and strategic tactics. Also, each legal action of wrongful death is sought in a trial and must be treated separately as plaintiffs generally have basically little variance in the amounts of damages. Such damages must be shown on an individual basis. Before examining your legal opposition, the prosecution of such lawsuits is complex and technical. Most non-lawyers simply do not have the knowledge and or knowledge of administrative procedures needed to file these sorts of lawsuits effectively. Our firm has seen countless tragic stories about non-lawyers filing their own legal action for wrongful death and then forgetting a minor detail, resulting in a court of law order to lessen damages or even cause the claim to be thrown out.

Do not let it occur to you. Texas fatal vehicle accident attorneys and the other lawyers in our Law Office have over twenty years of knowledge in Texas wrongful death law, and our firm will be sure to cover all the bases at your trial and not have any loopholes that allow a defense attorney to get your claim thrown out. Our firm may aid you to obtain proper compensation for your family members. However, our firm will also do everything to force the defendants to reform their actions so that your family member’s death was not in vain. Our firm hopes to make sure they avoid such fatal auto wrecks in the future. It is an important part of the Texas wrongful death legal action, and our attorneys do not let it to go neglected.

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Vehicle Accident attorney Offers Options

Our vehicle accident attorneys will aid you in recovering from your vehicle accident and injuries by making sure that damages you deserve. Our firm may facilitate the hard legal process by offering a variety of services for you, including:

Filing your legal claim, or assume the negotiations if you’ve already filed.
Acting as a buffer between you and the insurance firm, intercepting all communications with the insurer on behalf of the client.
Take on all the casework, so you may focus on recovery.
If you are without health insurance or may not afford a doctor, our firm will discover health care with a payment plan that is manageable.
Conducting thorough investigations by providing a photographic or video documentation, getting the location of witnesses and taking testimony, examining all vehicles involved in the wreck, measuring the distance between the skid marks, scouring police reports, collecting forensic physical Evidence and cataloging of all physical evidence so it may be used in a court of law.
Helping you avoid the uncertainty of facing the jurors by obtaining a just settlement of the insurance company.
For two decades, our lawyers have dedicated our practice to doing everything in our power to fight for the legal rights of our clients. We seek to get them the compensation they deserve for their injuries. Our firm will aid you in getting the compensation to which you are entitled, as our firm has for many others injured Texans.

Vehicle Accident Attorneys Can Help
Without the advice of a qualified vehicle accident attorney, you will probably be disappointed. Our vehicle accident attorneys have been helping auto accident victims to receive the compensation they are seeking for two decades.

If you or a family member has been injured, contact us for a free consultation and learn how our firm may help you too. Our firm will answer all your concerns and questions about your case and help you to feel more comfortable with this situation you’re facing.

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If you’re searching for a team of skilled and dedicated attorneys to lead you through your legal maze look no further than our Law Office. Our team has been recognized by our peers. It has taken our Law Office twenty years of hard work to get there.

Our capable team has built a reputation among our clients and colleagues as dedicated, ethical and fierce defenders who capitalize on every personal injury case to get the fairest compensation allowed.

Our Law Office has successfully litigated thousands of cases including personal traffic accidents, commercial vehicle wrecks, on-the-job accidents, and wrongful death cases to name a few. Take a look below at some of our most notable cases. These are cases where we successfully sought justice for victims and in turn, gained the respect of some well-known insurance companies that were brought to justice as well.

Some of Our Most Recent Successful Cases

– Confidential Recovery – Wrongful Death / Commercial Vehicle Accident(policy limits) – Our firm was hired by the wife and children of a retired Army Colonel who was killed in an underride 18-wheeler accident. In addition to being a decorated veteran, the decedent worked both professionally and on a voluntary basis to establish numerous learning institutions and vocational programs for at-risk youths. The accident occurred as the decedent was traveling on a rural highway when an 18-wheeler failed to yield the right of way and made a rolling stop through a stop sign.

This placed the trailer of the 18-wheeler in a position whereby it blocked the entire roadway and shoulder, leaving the decedent no option but to collide with the trailer. Witnesses on the scene attempted to revive him but to no avail. Furthermore, while two female eyewitnesses struggled to pry open the decedent’s door to provide emergency care, the truck driver stayed in his truck and offered no assistance. Despite what appeared to be an incredibly apparent case of negligence on behalf of the defendant, defense counsel refused to accept liability resulting in rather lengthy litigation.

The defendants initially denied the claim based on the allegation that the decedent was speeding and the truck driver therefore could not adequately gauge the amount of time he had to pause at the stop sign. The physical evidence contradicted this notion entirely, notwithstanding the fact that even if the decedent had been contributorily negligent, that would not have outweighed the severe degree of negligence on the part of the defendant. Nevertheless, our attorneys were able to conclusively refute this argument based on eye-witness testimony and the testimony from police investigators who calculated the decedent’s speed to be precisely at the posted speed limit. In a desperate and largely unprecedented move, the defendants then designated the state as a responsible third party.

Generally speaking, a defendant will often threaten to designate a third party in order to leverage their position but it is rare that such an arbitrary and arguably frivolous designation is actually carried out. However, that is precisely what occurred and the state was thusly incorporated into the lawsuit by the defendants. The basis of the defendant’s argument was that the state erected a large street sign that obstructed the truck driver’s view of approaching traffic.

Several months of intense litigation were required before the defendant finally acquiesced in regard to this argument. The argument was finally abandoned by the defendants when in the first mediation our attorneys presented video footage shot (in a controlled setting) from the perspective of an 18-wheeler driver which showed that the sign simply did not obstruct enough of the roadway in order to be a hazard. The case was ultimately resolved through litigation.

– Confidential Recovery – Wrongful Death / Commercial Vehicle Accident(policy limits) – Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.

– Confidential Recovery – Wrongful Death / Automobile Accident (policy limits) – Our firm was hired to pursue an intoxicated driver who killed an elderly school crossing guard. The fatal accident occurred as the decedent was escorting a woman and her child across the roadway through a crosswalk. The defendant then sped through the school zone, in an intoxicated state, and struck the decedent who died on the scene.

The family hired our firm to investigate and pursue the defendant under a wrongful death cause of action. Following our investigation and preliminary vehicle inspection, our attorneys issued a Stowers’ demand to the defendants. A significant factor in resolving this claim is that merely days before we submitted our demand to the defendant’s insurance carrier, we won a large case against the very same insurance carrier, which was one of several such victories secured against the carrier in our firm’s history. Our threats of litigation were therefore heeded and the defendants offered policy limits to settle the claim without the need to file suit.

– Wrongful Death / Automobile Accident – Our attorneys were hired to represent the family of a middle-aged woman who was killed in a car accident. The incident occurred as another vehicle struck the car that the decedent was a passenger in, head-on on the passenger side. The impact resulted in catastrophic injuries that claimed the life of the decedent.

Our attorneys were hired soon after the accident and we launched a full investigation. Through the course of our investigation, it was soon determined that the head-on collision was caused a failed component in the defendant’s vehicle (the particulars of which cannot be elaborated upon per the resolution agreement). A suit was filed against the manufacturer of said component and litigation commenced. The case was successfully resolved through litigation.

– Wrongful Death / Truck Accident – An elderly man was killed when a criminally negligent truck driver rear-ended his vehicle as the man yielded the right of way to other traffic. Throughout the course of litigation, the defendants fought to deny liability. Through our diligent investigative efforts, we unearthed damning evidence and mounted an aggressive litigation strategy. Arguments were so persuasive that by the conclusion of litigation the defendant’s attorneys acquiesced wholly with regard to liability.

– Wrongful Death (Workplace Accident) – The family of a deceased factory worker hired our firm following a fatal loading dock/ 18-wheeler accident. The events unfolded as an unqualified driver reversed an 18-wheeler into the loading area of a major manufacturing concern and backed over the decedent, crushing his body. The case was filed in arbitration and litigated for approximately one year. The defendants asserted that the decedent was the sole proximate cause of his injuries. To support this assertion, they pointed to a number of allegations, but primarily counted on the claims that the decedent was not wearing a provided safety vest and that an audible reverse indicator was present in the reversing vehicle. Through discovery and an exhaustive investigation and onsite inspection, we were able to successfully counter these arguments and determine the number of theories of liability.

The safety vest argument was diffused through the testimony of our consulting expert witness who verified that the type of vest that was offered by the defendants was not of the variety that was OSHA approved and that even if the vest had been worn it would have proven entirely ineffective due to several optical shortcomings. In particular, the reversing truck had to back through a doorway that resembles a garage door found in a mechanic shop. The width of the door relative to the width of the tractor-trailer left only a narrow valley of visibility on either side of the trailer by which the mirrors could only reflect what was immediately in line with the space between the door frame and the trailer, on either side of the vehicle. Therefore, for the mirrors to be effective, the decedent would have had to have been standing in one of the two narrow valleys, which would have placed him in a position that where could not have been injured in the first place. In other words, the only place that the mirrors would allow the driver to see was the very place that there was no danger. Furthermore, if the mirrors could not see the worker wearing the vest, then clearly the vest was inconsequential, notwithstanding the fact that the vest was not approved for such use. Additionally, even if the mirrors could display the area where the worker was standing and even if the worker was wearing the vest, the type of vest in question was of the variety that it only reflected light back to the source. As such, the overhead lighting was not sufficient to illuminate the vest. Only headlamps, or other such projected light sources, would have illuminated the vest. The final blow to this argument was that in deposition testimony the defendant admitted that he did not use his mirrors. With regard to the audible reverse alert system, our consulting expert in the field of audiology analyzed sound measurements taken on location and concluded that the ambient noise of the facility drowned out the noise of the alert system such to render its effects nil. Additionally, we contended that the noise-canceling headphones worn by the decedent in compliance with stated company policy rendered the alert system doubly ineffective.

Through discovery, we learned that the defendant driver did not have a commercial driver’s license and the defendant’s liability arguments waned. The case was eventually resolved through litigation. The decedent had signed a binding arbitration agreement prior to his death which, naturally, resulted in the lawsuit being filed in arbitration as opposed to the conventional court. Also featured in the binding arbitration agreement was an option for the surviving spouse to accept a one-time payment in lieu of filing suit against the employer. At our recommendation, she declined their initial offer and we were eventually able to recover 10 times greater compensation.

– Wrongful Death / Commercial Vehicle Accident – The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.

Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.

Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant’s launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver’s best efforts.

We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.

The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer, we established that there was absolutely no indication at the scene of the accident that a tire had blown out.

Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent’s death was that she was essentially pummeled by cargo that broke through the trailer and struck her person.

Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.

– Confidential Recovery – Wrongful Death / Premises Liability – Facility sued for negligent contribution to the death of an innocent bystander. A fatal shooting occurred on the property after the facility failed to appropriately respond to outbursts of violence & gang activity. Following the young man’s death, his parents hired our firm to pursue the facility for their negligent actions including failure to provide adequate security. The case was successfully resolved through litigation.

– Commercial Vehicle Accident (Back Injury Requiring Surgery) – Plaintiff suffered a back injury resulting in spinal fusion surgery when her car was rear-ended by an 18-wheeler. The defendants argued that the accident was unavoidable, thus denying liability. Litigation commenced and the case was satisfactorily resolved soon thereafter.

Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries) – A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.

Wrongful Death / First Party Dram Shop – A young woman lost her life after a bar over-served her to more than three times the legal limit resulting in her burning to death in a single-vehicle accident. Witnesses stated that she was so intoxicated that she could barely make it to her vehicle without assistance. Through litigation, our attorneys ascertained the necessary evidence to prove that the establishment provided alcohol to an obviously intoxicated person, thus resulting in her ultimate demise.

– Workplace Accident (Closed-Head Injury) – A painter fell from an apartment balcony resulting in a closed-head injury and other minor bodily injuries. The case was successfully resolved through litigation against the plaintiff’s employer and the general contractor.

– Commercial Vehicle Accident (Back and Neck Injury) – Recovery for driver struck from behind by 18-wheeler: Driver sustained back and neck injury.

– Commercial Vehicle Accident (Back Injury Requiring Surgery) – Plaintiff, a delivery driver, suffered a back injury resulting in spinal fusion surgery when he was injured in an accident involving falling cargo from an 18-wheeler. The defendants cited the plaintiff’s failure to take evasive action as a source of contributory negligence and litigation commenced accordingly which culminated in an acceptance of liability and eventually satisfactory resolution.

– Commercial Vehicle Accident / Motorcycle Accident (Shoulder Injury Requiring Surgery) – An airline pilot suffered a shoulder injury resulting in surgery when he was sideswiped by an 18-wheeler. The case was resolved through litigation, as establishing liability was a contentious matter. The defendants claimed that the plaintiff made an illegal passing maneuver, but the evidence showed that the defendant made a sweeping turn and intruded upon our client’s right of way.

– Wrongful Death / Medical Malpractice – A young handicapped woman lost her life when a long-term care facility failed to provide her with treatment for obvious symptoms of severe illness. The defendants maintained that there were no outwardly visible signs of illness. The medical evidence showed otherwise. The case was successfully resolved through litigation, though damages caps imposed by tort reform were a factor.

– Premises Liability (Brain Injury) – Our attorneys sued an apartment complex in relation to a brain injury sustained by a toddler when he fell through a balcony railing. The apartment complex denied liability, asserted that their railings were in spec at the time of the building’s construction (some 20 years prior), and they claimed that the child’s mother was contributorily negligent in that she did not notice that her child was playing near the railing.

Through litigation, our attorneys countered the defendant’s arguments by showing that the case law does not support the notion of any safety-related concerns in the building code being “grandfathered” in. On the contrary, a property owner has an obligation to keep safety features such as balcony railings within the specs at all times. The railings in this complex were spaced at 7-inch intervals, which was at odds with the now-standard 4-inch interval.

Additionally, our attorneys countered the claims of contributory negligence as a practical matter in that the mother was indeed monitoring the child’s activity and the child literally ran up to the railing and immediately fell through the rails. Alternatively, we argued that the doctrine of parental immunity applied and that the contributory negligence, if any such negligence ever even occurred, of the mother would not be admissible. The case was satisfactorily resolved through litigation.

– Commercial Vehicle Accident (Back Injury Requiring Surgery) – Our client, a middle-aged woman, was injured when an 18-wheeler rear-ended her vehicle. As a consequence of the wreck, she sustained a back injury that required surgery to remedy. Naturally, the defendants denied liability and argued that the accident was unavoidable. Our attorneys filed suit. The defendant driver initially claimed that our client suddenly changed lanes in front of his tractor-trailer and then inexplicably slammed onto her brakes. When confronted with eye-witness testimony and other physical evidence that reflected an entirely different scenario, the truck driver ultimately recanted. The case was successfully resolved through litigation.

– Wrongful Death / First Party Dram Shop – Our firm was hired by the minor child and parents of a young man who was killed in a motorcycle accident after being over-served alcohol at a bar. The plaintiffs hired our firm to investigate the claim on the basis that the decedent was over the legal limit at the time of his death. In initial attempts to settle the case out of court, the defendants denied liability. Suit was filed soon thereafter.

The defendants initially argued that the decedent never consumed alcohol on their premises. Through physical evidence and deposition testimony to the contrary, we were able to conclusively prove that the decedent had indeed been drinking at the establishment.

The defendants then asserted allegations that the decedent’s minor child was not actually his biological child, which would bar his claim entirely. A DNA test was performed and this argument was defeated.

The defendants then asserted the safe harbor defense. Our attorneys argued that the defendants did not qualify for safe harbor protection due to the fact that their servers were not all licensed providers. However, while this element was being addressed, our attorneys focused their attention on addressing the second element of the safe harbor defense regarding the bar’s encouragement of the over-service of alcohol. The defendants claimed that they would never serve the double-shot Bacardi cocktails that witnesses claimed the decedent drank several of. We sent private investigators into the bar to order the same drinks that the decedent consumed on the night of his death and the very same bartenders who over-served the decedent, without hesitation, served copious amounts of alcohol to the investigators, all of which was captured on hidden camera.

Once the safe harbor defense was defeated, the defendants argued that the decedent’s BAC was low enough at the time of his death (as recorded by the hospital) that he would not have necessarily appeared obviously intoxicated to the servers and therefore the bar should not be held liable even if he had been over-served. Eyewitness testimony refuted this.

Additionally, our firm’s testifying medical expert reviewed the medical records related to the emergency helicopter flight that transported the decedent to the hospital after his accident. She determined that the EMS technicians administered numerous blood transfusions while in flight. Armed with this newfound data, our medical expert reverse extrapolated and determined conclusively that the decedent’s BAC was actually in the range of .19-.21 at the time of the accident, though it was drastically diluted by the time he arrived at the hospital, which accounted for the relatively low BAC found in the hospital’s medical records. This testimony proved to be pivotal in the case, resulting in a successful recovery for our clients.

– Product Liability (Back Injury Resulting in Surgery) – A young woman suffered a back injury that required corrective surgery following a boating accident. The boat in question sped out of control and crashed into a landmass, throwing our client from the boat, as the result of a stuck throttle. Upon inspection of the boat, it was determined that a poor design led to the malfunction and a product liability lawsuit was brought against the manufacturer. The defendants argued that the boat was inappropriately piloted, however, the physical evidence depicted the cause of the accident quite clearly and the case was successfully resolved.

– Third-Party Dram Shop Accident (Punctured Colon and Soft Tissue Injuries) – Our client suffered a punctured colon and numerous soft tissue injuries in an alcohol-related car accident. The accident occurred as the defendant driver crashed his car into a concrete median. The plaintiff, a passenger in the vehicle, alleged that the defendant driver was over-served alcohol to such an extent that he was several times the legal limit. As such, a claim was brought against the defendant driver and the bar which over-served him. A settlement was reached with the defendant driver and the plaintiff turned his focus on the bar in question. The case was resolved successfully through litigation. Based on the egregious conduct of the bar and it’s numerous TABC violations, the defendant’s liquor license was revoked soon after the case was resolved.

– Wrongful Death/ Commercial Vehicle Accident – The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.

The plaintiff’s mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.

– Commercial Vehicle Accident (Back Injury Requiring Surgery) – A delivery driver hired our firm to pursue a negligent trucking company following a collision with insecure cargo. Our client was driving his work vehicle when numerous large metal pipes fell from the back of a flatbed trailer onto the roadway. Our client took evasive action but was unable to avoid the debris, which resulted in a fairly severe accident. As a result, our client sustained lower back injuries including two herniated discs which required surgery to correct. The defendants conceded liability early on but would not make a reasonable settlement offer. As such, a suit was filed and the case was ultimately successfully resolved through litigation.

– Wrongful Death / Third Party Dram Shop (policy limits) – An incredibly intoxicated driver drove head-on into a vehicle, killing several of the vehicle’s occupants. The defendants had limited assets, yet an alternative policy was uncovered, which the defendants argued was non-applicable. Under threat of litigation, our attorneys negotiated a settlement for the policy limits.

– Commercial Vehicle Accident / Work Injury (Facial Fractures and Head Trauma) – A loading dock worker suffered serious including numerous facial fractures and minor brain trauma when an 18-wheeler back into him, crushing him against the loading dock. The plaintiff’s employer was a subscriber to Texas Workers’ Compensation coverage, thus a claim was rightly filed against the third party trucking company whom the truck driver operating the reversing 18-wheeler worked for.

The plaintiffs asserted the position that the trucking company in question was liable on the basis of respondeat superior and negligent retention. The defendants argued that the plaintiff was the sole proximate cause of his injuries by virtue of the plaintiff putting himself in harm’s way. They maintained that the plaintiff simply walked behind the reversing tractor-trailer as it pushed back toward the loading dock.

It was later determined through deposition testimony that the truck driver had indeed instructed the plaintiff to stand behind the trailer in order to determine the vehicle’s proximity to the dock. Once this fact came to light, the defendants agreed to mediate whereby the case was satisfactorily settled.

– Wrongful Death / Commercial Vehicle Accident(policy limits) – A young mother was killed in an accident involving two commercial vehicles, one an 18-wheeler. The accident occurred as the young woman was a passenger in a vehicle that was traveling down a highway in the early morning hours. Without warning, the vehicle in which she was a passenger collided with a stalled 18-wheeler that parked in the right of way, resulting in catastrophic injuries that claimed the young woman’s life soon thereafter.

The authorities initially faulted the driver of the vehicle in which the victim was a passenger, stating that he was using an electronic device rather than paying full attention to the roadway. However, the 18-wheeler was indeed blocking the roadway and the plaintiff alleged that the vehicle did not follow the requirements of the Federal Motor Carrier Safety Act in regard to providing adequate reflective or laminated warning at specific intervals. Further, the plaintiffs alleged that the defendant failed to remove his vehicle from the roadway when he first noticed signs of mechanical failure.

Had he simply moved to the shoulder of the road, plaintiffs argued, his lack of adequate warning signs would have been inconsequential. An initial settlement has been obtained in this case, yet litigation has commenced in full against the remaining defendant and is currently ongoing.

– Wrongful Death / Commercial Vehicle Accident – Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.

Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant’s accusations of contributory negligence on behalf of the driver of the vehicle did appear to be valid and the plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.

Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent’s vehicle, which was of consequence irrespective of the decedent’s own contributory negligence.

– Workplace Accident (Shoulder Injury Requiring Surgery) – Our attorneys were hired by a delivery driver who sustained a serious shoulder injury when a worker for a third party negligently operated a forklift. The accident occurred as the plaintiff delivered a load of hay bails to a commercial farm.

An employee of said facility attempted to unload the trailer with a forklift. In doing so, he pushed several bales of hay off of the flatbed, over the side opposite the forklift. Consequently, several of the 400 lb (est.) bales of hay struck the plaintiff who was working to disconnect tie-downs on the opposite side of the trailer. This resulted in serious injury to the plaintiff’s shoulder.

The defendants took an aggressive stance and denied the claim, asserting that the plaintiff was the sole proximate cause of his own injuries by virtue of the fact that he was standing in a known dangerous area. The suit was filed soon thereafter. Our attorneys argued that the plaintiff’s ordinary work duties, and indeed the normal protocol for all flatbed delivery drivers, consists of letting loose the materials to be unloaded. We maintained that the true cause of the plaintiff’s injuries was that the forklift operator rushed into unloading the trailer.

Furthermore, the manner in which he unloaded the trailer was itself a contributing element of the defendant’s negligence. The forks that were incorporated into the forklift in question were not compatible with stabbing hay bails; they were ordinary forks that were designed to be positioned below a heavy object that was to be lifted. The case was successfully resolved in mediation.

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Texas Lawyer Discusses Personal Injury Lawsuits

If you have been injured in an accident, you may be eligible to seek compensation for your injuries through a personal injury lawsuit. The state of Texas defines a personal injury lawsuit as a suit brought through a court of law wherein a plaintiff claims to have been somehow injured due to negligence on the part of the defendant. The plaintiff is thereby requesting some sort of financial restitution for those damages.

Put simply, the victim tells the court what happened in an accident and then asks the court to enforce the law and make the defendant compensate the victim for his or her injuries. An experienced personal injury attorney from our Law Office is here to give you a brief overview of how personal injury lawsuits work.

Elements of a Legitimate Personal Injury Lawsuit
In order to have a strong case, your lawsuit must have three factors:

A solvent defendant
Liability
Damages

A solvent defendant means that the defendant in your case has some means of compensation you for your injuries. This can be an insurance policy (most common) or personal assets, including money or physical assets. Without a solvent defendant, you cannot be compensated. For example, if you are somehow injured by a homeless person who has no money, insurance, or physical assets, that person may be liable for your injuries, but he or she has no means with which to compensate you.

Note that in some cases, defendants will attempt to hide their assets from the court in order to appear insolvent. Our attorneys have years of experience investigating personal injury cases, and we have seen every trick in the book. We can make sure that the defendant in your case does not escape justice by hiding his or her assets.

Liability and Negligence
In order to have a successful case, you must also prove that the defendant was (at least in part) liable for your injuries. Contrary to common belief, there are often multiple liable parties in a personal injury case. In some situations, the plaintiff may be partially liable. In these situations, the jury determines the percentage of liability for which each party is responsible. For instance, imagine person A is hurt in a three-car accident involving person B and person C. The jury finds that person A is 10% liable for the accident, person B is 50% liable, and person C is 40% liable. Person A’s damages amount to $100,000. Person A would then receive $90,000 in damages — $50,000 from person B and $40,000 from person C. Person A would be liable for the last $10,000 since he or she was 10% liable for the accident. Our attorneys can help you identify all potential defendants in your case so that you can be fully compensated for your injuries.

Damages
Finally, a strong personal injury case must have damages. If you are involved in an accident caused by a solvent defendant but you are not hurt and you receive no property damage, then you do not have a lawsuit because there are no damages for which you need compensation. But damages include a wide range of injuries. For example, accident victims are commonly compensated for their medical expenses, any property damage, their lost wages from time spent recovering from their injuries, and any lost earning capacity due to long-term or permanent damage caused by the accident. But victims can also receive compensation for the physical pain and suffering or the emotional turmoil caused by an accident.

The amount of compensation a plaintiff can ultimately receive is in the hands of the jury. The plaintiff’s attorneys will present a list of requested damages, and the defense counsel will likely argue that many of these damages are not valid. But the jury determines the total amount of damages, so you need an attorney who can speak the jury’s language and convince them that you deserve compensation for all of your injuries.

Let our Firm of Experienced Legal Professionals Help You
Our firm has been helping victims file personal injury lawsuits for twenty years. We know how to identify defendants, prove that they are solvent, and then convince a jury that you deserve full compensation. We have successfully investigated and litigated hundreds of personal injury lawsuits, and we know how to build a case that will cater to your specific needs. We offer free consultations in which we will thoroughly explain your options to you so that you can make the best decision for your case. In other words, our attorneys are dedicated to helping you get back on your feet as quickly as possible. So if you have been hurt in an accident, do not let the guilty party’s negligence go unpunished. Contact attorneys from our Law Office today, and let us make sure you receive the compensation you deserve.

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Burn Injury Attorney Can Help With Your Situation

Fire is one of the natural elements of the universe that was created by God and it’s probably the most destructive force on earth. An average summer day in Texas can reach as high as 100 degrees Fahrenheit.

Now imagine touching something ten (10X) times as hot. Scientists say the temperature of an average fire can reach 1,000 degrees Fahrenheit. There are only a few things on earth that can withstand the heat of fire and human skin is not one of them. In fact burn victims have been known to suffer nerve damage, disfigurement, and even death as a result of exposure to fire. If you or someone you know has been injured or died in a fire due to someone else’s negligence, call our burn attorneys today for a free consultation.

There are more than two (2) million burn injuries reported every year in the United States. About twenty (20,000) thousand people are admitted to the hospital because their burns cover at least twenty-five (25%) percent of their body. And some of their injuries are so severe that about ten (10,000) of those victims will die from their wounds.

According to the Bureau of Statistics:

Burn injuries are the top cause of accidental death in America after car accidents.
Children who are fourteen and under die in accidental home fires more than any other age group. And it’s the third leading cause of death for adults.
Adults over 55 are injured in house fires more often because they fall asleep by smoking.
The kitchen is the deadliest place in the house for people ages 75 and above because it’s where they are injured most. And people ages 75 and older are more likely to die in a house fire because they might be unable to escape.
Children from birth to 4 years old suffer from hot water scalds more than any other age group.
Newborn to 2-year olds have more emergency room visits due to burn injuries they received in the kitchen and bathroom than any other age group.

Because of the debilitating nature of burns, they are the most expensive injuries to treat. The more of a person’s body that is exposed to burns, the more it will cost to treat them. For instance, a burn that covers just ten (10%) of a person’s body can cost more than $100,000 in hospitalization and physician fees. If the wounds are more extensive, more costs could apply for reconstructive surgery and possibly rehabilitation. In addition to the cost to treat the burns the injured person has to miss days from work. So the accumulation of their injuries, medical bills, and lost wages often can lead to psychological stress and depression. If you or someone you know is suffering from burn injuries due to someone else’s negligence and you need legal assistance, call our burn attorneys today for a free consultation.

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How Burn Injuries Happen
You might have heard about Dallas Wiens’ story. He is the Texas man who received a full face transplant – the first in the United States – after he was disfigured in a work-related accident. Wiens had his face practically melted away and he lost his eyesight after he accidentally touched a power line while he was painting. He recently received a new nose, lips, and the underlying nerves in his face so that he could feel his daughter’s touch on his face again, thanks to advancements in burn injury treatment.

More than one million people in America suffer from burn injuries every year. Whether or not medical treatment is needed depends on the severity of the burn. Most people suffer from simple household burns while they’re cooking, while others might work in an occupation where they are exposed to high temperatures such as in welding, in machinery, or in a restaurant of course. Wounds from a curling iron burn or even sunburn can range from a minor first-degree blister that can be healed by applying aloe vera to fourth-degree life-threatening wounds that require extended treatment.

The severity of the burn depends on how hot the skin gets and the length of time the skin was exposed to the burn. If the skin was exposed to the heat for an extended amount of time there could be nerve damage that prevents the victim’s arms and legs from functioning normally. It also depends on where the burn occurred on the body because the thickness, water, and oil content are different in some parts of the body such as the hands and feet. The skin is thinner around the face, neck, and belly area. All these variations make each burn unique. If a person is exposed to extreme heat or a chemical agent, their wounds might be different than if he or she is burned in a vehicle accident or an explosion. Boiling water, gasoline spills, and electrocutions also can cause different effects on human skin. That’s why there are hospitals that have special burn units that treat only burn injuries. If you or someone you know are suffering due to burn injuries because of someone else’s negligence, call our burn attorneys today for a free consultation.

How Burn Injuries Are Treated
There are more than 130 burn units across the United States. Most of them are housed at hospitals across the country. Some of them only work with children. Long-term treatment for serious burn injuries involves skin grafts. Skin grafts are the process of taking skin from one part of the body and attaching it to the damaged area of the body. Short-term treatments for burns include bandages, antibiotics, and other methods. The effect of these treatments depends on whether or not there were previous health issues that need to be considered.

Insurance policies and Burn Injuries
More than a million people suffer from burn injuries every year which requires emergency treatment due to the negligence of someone else. Burn injuries could lead to nerve damage and limited use of the arms and legs, which is why the cost of treatment is so expensive. A majority of insurance policies are not worth enough money to pay for the average serious burn injuries. It’s because there is a specialized treatment that is needed to repair burn damage. So you might think there would be a special category of compensation for someone who is victimized in this way, but there is not. Some victims suffer disfigurement, mental anguish, and depression because of their injuries. Our self-esteem is based on mostly how we look – or more specifically, how others look at us. So if a person is disfigured by their injuries it could be a life-altering experience.

Burn Survivors of Personal Injury Accidents in the U.S.
If you’ve ever experienced a burn, even for a second, you know how painful it can be. So for someone who is injured in a car accident or exposed to fire for an extended period of time, it can be excruciating. Some people might think they are being burned alive. And that probably is the highest form of mental anguish. It’s hard to bounce back from something like that. In fact, getting back to work can be tough. For some people returning to work is medically impossible.

Personal Injury Lawsuits and Long-Term Burn Care
When someone is burned badly, even if they have insurance most policies don’t have enough value in them to cover the expense it normally takes to treat someone. So the victim is left to figure out how he or she is going to foot the medical bills and if they have been disfigured there will be emotional scars that also should be addressed. Serious burn injuries don’t just heal by themselves. They need to be treated by professional specialists trained in this area. If your burn injuries are due to the negligence of someone else, you owe it to yourself to hire a personal injury attorney who can help you outline your options. Who is to blame for your injuries and how could it have been avoided? Our burn attorneys can help you to figure it out. Our team of experienced litigators will do a full investigation of your case so that you know what your next move should be.

There are three must-haves to a personal injury case:

The victim must show he or she suffered some type of physical, mental, or emotional injury. And in the case of a burn victim that should be easy to do.
The victim must show that the defendant had a duty to do no harm. If the burns came as a result of a car accident, this can mean that the guilty party failed at their duty and caused the victim’s wounds.
The victim must show an economic loss, known as damages, because of the injuries. Damages include financial losses including medical expenses, property damage, and lost wages.

What to Watch Out For: Stories vs. Evidence
Even though a judge and or jury will be emotionally moved by the sight of a victim’s injuries and the story behind the injuries, it’s important to make sure your personal injury lawsuit has all the elements (named above) needed to win the case. When some people attempt to go it alone and pursue legal action by themselves, they may be left without the resources to conduct the best investigation. So it may then prove impossible for anyone to know what truly happened. However, with the help of our burn injury lawyers, our clients can be assured of having a thorough investigation conducted into their accident scene so that the truth of the accident’s cause can be assessed, regardless of what the liable driver may be saying.

Contact our Law Office for a free consultation to discuss the merits of your personal injury burn injury case. We will answer any lingering questions you may have. And we will evaluate your possible legal options in light of the specifics of your case. By starting the process to seek compensation for your injury or loss today, you can start on the road to recovery that much sooner.

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