Serious and sometimes fatal truck accidents are on the rise. Our law firm’s Texas truck accident attorneys want citizens everywhere to practice driving with extra care when sharing the road with a tractor-trailer or semi-truck. Below are safety guidelines compiled by our firm to ensure safe passage for you and your loved ones on Texas highways and roads throughout the nation:
Avoid blind spots.
Truck and bus drivers have large No-Zones (blind spots) on both sides. A rule of thumb is that if you cannot see the driver’s face in the side-view mirror, the driver cannot see you. If your car is next to a large truck, drive past the truck if you can do so safely or maintain a safe distance behind the truck. If you are passing, drive your car on the left side where the blind spot is smaller.
Never cut in front of a truck.
They require a greater stopping distance, and a serious accident could result if you force a semi-truck to stop quickly. When passing, look for the front of the semi-truck in your rear-view mirror before pulling in front.
Always wear your seat belt.
Never follow a large truck too closely. Keep 20 to 25 car lengths between the front of your vehicle and the back of a large truck. This extra distance will allow you to see in front of the truck. If there is congested traffic or an accident up ahead, you will see it in time to stop or safely steer your car away from danger.
Don’t get squeezed.
Semi-truck drivers must swing wide to the left to negotiate a right turn. When truck drivers make wide right turns, they can’t see smaller vehicles directly behind or beside them. Never get between the truck and a curb, or you may be in a “squeeze” and suffer serious injuries.
Never drink and drive.
Use extra caution when passing.
After passing, do not pull your car back into the truck’s traffic lane until you can see its headlights in your rearview mirror.
Watch brake lights.
When sharing the highway with a big rig, pay close attention to its brake lights and signals and act accordingly.
Always remember that a loaded tractor-trailer or semi-truck needs as much as 100 yards — the length of a football field — to come to a complete stop. No matter how crowded the highway is, maintain this safe distance. If the truck driver ignores this margin of safety and follows your car too closely, do not take a chance. Move your car into another traffic lane.
Be cautious of others on the roadway.
Aggressive and inattentive drivers place others at risk. They can also contribute to a semi-truck accident that involves an innocent and safe-driving third party.
Stay away from aggressive and inattentive drivers.
Always use your turn signals when changing lanes. Drivers around you need to know what you are doing to maintain safe driving distances.
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Truck accident injuries are both common and severe. The size and weight of a large truck or tractor-trailer, along with the tendency of the trailer to overturn or “jackknife”, means that injuries suffered in a truck accident can be particularly catastrophic. Brain injuries, amputations, broken limbs, and paraplegia frequently result from these accidents. If a semi-truck happens to be carrying hazardous or flammable materials, the dangers only multiply. Burns can further compound a victim’s injuries, and respiratory problems can occur if toxic cargo is inhaled during the collision. These factors contribute to the unfortunate reality that many truck accident injuries can be fatal. Victims of truck wrecks who survive are often left with lifelong disabilities that may impact their ability to earn a living and accomplish everyday activities.
Because truck accident injuries can have such dire consequences, establishing the cause of the accident and who is to blame is important. Compensation may be needed to pay for expensive medical bills, loss of income, property damage, and sometimes the pain and suffering caused by losing a loved one. An immediate investigation of a tractor-trailer accident is critical to preserve evidence relevant to any accident claim. The semi-trucks maintenance records, the driver’s log book, the truck’s “black box,” which records data before, after, and during the crash, and any eyewitness accounts, can all play a key role if a personal injury victim brings a lawsuit. A thorough investigation will also evaluate any prior violations of relevant trucking regulations on the part of the trucking company or driver that may have contributed to the truck wreck. An injured victim cannot be expected to collect all of this information. An attorney with experience in truck accident injury cases can be invaluable. A law firm with access to medical experts and other specialists will be able to prepare a more effective case and recover necessary damages.
If you have been involved in a truck wreck and suffered severe injuries, you have a right to determine who was at fault – and to hold them responsible. Injuries caused by a truck accident can alter your life permanently, so obtaining compensation can be critical to securing your future. Our Law Firm has experience handling truck accident injury cases. If you or a loved one has been injured or killed in a truck wreck, contact the personal injury lawyers at our Law Firm today. For more information on trucking accidents in Texas, please review our Trucking Accidents page and Trucking Accidents Frequently Asked Questions (FAQs). If you or a loved one has been injured in a truck accident, please fill out our online Vehicle Accident Evaluation Form.
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Our Law Office maintains this website representing people across Texas for 18-wheeler truck injury cases. We have attempted to provide useful information for those harmed by 18-wheeler accidents. In a survey by the National Highway Traffic Safety Administration (NHTSA), most drivers admit to falling asleep while driving, and 8% of those surveyed admitted to driving while drowsy within the past six months. Sixty percent confessed to falling asleep when driving on highways with speed limits of 55 miles per hour or higher. Traffic fatality rates based on mileage were 3.2 times higher at night than during the day.
Motorists should be aware that drowsy driving decreases awareness, impairs judgment, and slows reaction time comparable to driving while under the influence of drugs or alcohol. The following are symptoms of fatigue:
Persistent yawning
Eyes going in and out of focus
Restlessness and irritability
Impatience
Thoughts that are disconnected or wandering
No memory of driving for the last few miles
Drifting onto the shoulder
Drifting between lanes
Failure to obey traffic signals and signs
Tailgating
Driving at an abnormal speed
Burning eyes
Back tension
Inattentiveness
The following are safety tips for avoiding driving while fatigued:
Avoid driving between midnight and 6 a. m.
Regularly maintain a schedule of sleep that provides adequate rest.
When you begin to show signs of fatigue, get off of the road safely as soon as you can, find a well-lit area that seems safe and secure, and take a brief nap. Never simply stop on the roadside.
The following are tips for when you are planning to take a lengthy trip in which you will likely deal with fatigue:
Start the trip during the early daylight hours.
Share the responsibility for driving with a companion.
About every 2 hours or 100 miles, stop and walk around because exercise is a great way to combat fatigue.
Keep the car’s interior cool.
Stop to enjoy snacks and light meals.
Keep your legs flexed at about a 45-degree angle, your shoulders back, and your head up.
Large commercial vehicles such as 18-wheelers must be well-maintained, but many types of equipment failures and malfunctions occur on Texas roads. Brake failure, engine malfunction, and tire blowouts are among the problems. Because of the size of large trucks, the results of such malfunctions are often catastrophic, causing lives.
According to the Texas Department of Transportation (TxDOT), the number of fatal crashes in Texas involving a commercial rig jumped nearly 19% from 2019 to 2021. A total of 4,480 people were killed on Texas roads in 2021, making it the second deadliest year since TxDOT began tracking fatalities in 1940. There are many reasons that 18-wheeler tractor-trailers are involved in crashes on Texas roads every year, and driving while fatigued is one of them. Statistics show that a large segment of the general population admits to falling asleep while driving. Still, the threat of commercial drivers being behind the wheel without adequate rest is much greater. The industry’s competitiveness is the major factor that leads drivers to violate federal regulations regarding the number of hours they can drive within certain time frames. Driving while fatigued is comparable to driving while intoxicated.
Crashes involving highway transportation are the leading cause of fatal injuries for the general population and truck drivers in the United States. In 2020, 37.3 percent of all work-related fatalities were transportation incidents. Reports show, however, that most fatalities caused by 18-wheeler accidents are occupants of passenger vehicles. Smaller vehicles are vulnerable because they are outweighed by big rigs by as much as 30 times their weight. Because of the high ground clearance of large trucks, smaller automobiles often underride them in crashes. Another factor in 18-wheeler crashes is braking capability. If a tractor-trailer is loaded, the stopping distance can be 20% to 40% further than the distance it takes for a car to stop. The stopping distance is even greater if roads are slippery and wet or the truck’s brakes are poorly maintained.
Fatigue is a crash risk factor among truck drivers. Federal regulations limit the hours a truck driver can work without sleep, but those guidelines are frequently violated. All drivers must be alert and careful, especially regarding 18-wheeler drivers. The vehicles are huge, require a lot more distance to stop, are more difficult to maneuver, and can weigh 26 times more than the average vehicle on the roads. Driver errors are, unfortunately, not uncommon among 18-wheeler operators and drivers of other commercial vehicles, which means trouble for everyone on Texas roads. Driving while fatigued is a widespread problem among commercial truck drivers because of the competitive nature of the industry and despite federal laws which seek to curb the activity. The following are among the other driving behaviors that are dangerous and yet which many big rig drivers have been known to practice:
Making lane changes in an unsafe manner.
Cutting off other vehicles.
Driving at speeds that are unsafe for road conditions.
Making turns in an unsafe manner.
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The State of Texas experienced an increase in motor vehicle traffic fatalities. The 2021 death toll of 4,489 was an increase of 15.22% from the 3,896 deaths were recorded in 2020. Texas had 15,764 serious injury crashes in 2021, with 19,448 people sustaining serious injuries. While these car accident statistics are shocking, the costs and losses associated with these accidents and their impact on those involved are even more staggering once the total impact and losses are calculated.
Car accidents happen for many reasons, not just irresponsible drivers. Bad weather is a major cause of car accidents. Dangerous roads or road conditions and poor roadway planning and signaling design are often found to be the cause of car accidents. Poor vehicle maintenance and malfunction are also major contributing factors to car accidents. And, of course, driver behavior. Driver distractions such as using cell phones and texting while driving, loud music, other passengers in the vehicle, and being too tired to drive safely are all common causes of car accidents. Regardless of why an accident happened, anyone involved in a car accident should seek the advice of an experienced lawyer before speaking to the other parties involved, their representatives, or their insurance company. The driver’s responsibility in the State of Texas is to safely operate their vehicle. Driving within the speed limit, paying close attention to other drivers, taking into account road conditions while driving, not driving aggressively, and obeying all traffic signals and signs are the responsibility of every driver. Any driver who operates their vehicle in an unsafe or careless way is breaching their legal responsibility as the driver of a motor vehicle. And breaching this responsibility is called negligence. Suppose an accident is caused by a person who is found to be legally negligent because they did not operate their vehicle reasonably safely and, as a result, is found to be responsible for an accident. In that case, that person can be held responsible for the costs of all injuries, damages, and losses that occurred because of the accident.
If you have been involved in or injured in a car accident, collecting as much information as possible from the other driver(s) is important. Especially if you believe the other driver was the cause of the car accident. You and your attorney must establish negligence on the other driver’s part before they can be held responsible for the accident. To claim damages, lost wages, medical bills, and any other associated costs or losses, your attorney will need to formulate a claim based on medical records, pay records and work attendance records, vehicle repair or replacement costs, and other information. Often our clients do not fully realize how the accident affects their lives. We believe it is our responsibility as your lawyer to help you consider all possible effects that your accident will have on you and your family, initially and for months or possibly years. We aim to ensure that you are made whole again and properly compensated for all damages and injuries resulting from your car accident.
The car accident lawyers at our Law Firm are experts in negotiating fair settlements with insurance companies and winning lawsuits for our clients when necessary. We have a thorough knowledge of personal injury laws and how they apply to car accidents. Our experienced legal team can help you through the process of being fairly and adequately compensated for all of your losses, damages, and injuries. Call the car accident lawyers at our Law Firm for a free case evaluation.
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MEDICAL NEGLIGENCE AS A CAUSE FOR AMPUTATION.
Surgical amputation is sometimes the only option, for example, when there is extensive nerve damage in a person suffering from diabetes or when the bone of a limb is affected by cancer cells. In both of the above cases, amputation is considered a life-saving option. If you had to have a limb amputated for medical reasons, that is not a cause to claim compensation. However, there are certain circumstances under which you may be entitled to claim. When diseases such as diabetes or cancer are diagnosed and treated during the early stages, further complications related to these conditions may be prevented. Failure to diagnose these conditions early on can result in the disease becoming more advanced, necessitating amputation of a body part. You had to have a surgical amputation if you did not receive the appropriate treatment because of a wrongful or missed diagnosis. As a result, the medical professional may be found to be negligent. In this case, you may be legally entitled to file a compensation claim for the damage that the delay caused.
4 TIPS FOR CHOOSING THE RIGHT PERSONAL INJURY LAWYER
Experience. Never ignore the value of a lawyer’s experience when assessing and examining a claim. Working with a personal injury lawyer who knows exactly what to search for, where to search for it – and understands exactly what it suggests to your case – can make all the difference. For example, every state has particular laws or standards associated with statutes of limitation, negligence, causation, contributing negligence, the presumption of the threat, and others that may be appropriate to your case.
Part of that knowledge and proficiency also includes picking the proper venue for your scenario, which can affect how much settlement you get. While it’s clear that a slip and fall case would be submitted where the accident occurred, not all personal injury accidents are that clear-cut.
Focus. The focus of an attorney’s practice can make a big difference in the result of your case. An injury lawyer has special skills in determining liability problems such as negligence and causation – and is most likely much better equipped to precisely value the compensation for which you are entitled.
Roughly 95% of injury claims settle before trial, so knowing how to negotiate a fair and reasonable settlement is essential as many factors are involved.
Reputation. A lawyer’s reputation can go a long way to solve your case quickly and fairly due to their previous transactions with insurers and other legal representatives in the area and in the court system(s) in which they practice.
An attorney’s reputation provides that included value as it will precede them – not just from a plaintiff’s viewpoint, but from the accused’s point of view and the court’s perspective for handling cases and doing things the proper way. It puts clients in the best situation to recover as much as they deserve due to exactly what happened to them.
Objectivity. Objectivity can not be understated when it happens to compensate for your injuries. Ensure your attorney is objective and isn’t planning to settle your case too quickly to carry on to the next client.
THE BEST WAYS TO SUBMIT AN ACCIDENT CLAIM?
An injury accident claim represents a complaint presented by an individual in concern to an injury – or injuries – from which they feel or believe they have suffered.
As soon as a personal injury accident claim is created and submitted, a court of law must determine the credibility of the claims and the compensation – if any – awarded to the plaintiff. If you feel you have suffered injuries due to another individual – or party’s – negligence, you have the legal right to submit an injury accident claim. It is suggested that legal counsel be consulted; this will not only enable you some clarity in concerns to your case and injuries; however, the process of filing an injury accident claim can oftentimes be a complicated prospect.
Individuals experiencing injuries are suggested to gather all pertinent evidence, records, and reports that show the nature of their injuries; cop’s reports, eyewitness statements, and documents from medical specialists verifying all injuries significantly increase the possibilities of solidifying the credibility of personal injury accident claims. Lawyers specializing in injuries can be consulted for legal support, yet the statutes of limitations on the credibility of personal injuries and the period in which they can be declared differ from state to state; a lawyer can help clarify your alternatives.
The best accident lawyer service is near. Just call us for instant help on every issue. Get out of trouble in no time…
DAMAGES ARE NOT CAPABLE OF EXACT CALCULATION IN A MEDICAL MALPRACTICE CASE.
Non-economic damages include pain, suffering, mental anguish, and a loss of consortium. There are no guidelines for determining the value of an injured person’s pain and suffering. A jury cannot look at a chart to figure out how much to award for pain and suffering.
How to Value Pain and Suffering.
Valuing pain and suffering can be difficult. You may have read about a multiplier in personal injury in medical malpractice cases. Using a multiplier means that insurance companies calculate pain and suffering as being worth some multiple of your special (economic) damages. But that is only true up to a point. Juries do not use multipliers when they are in the jury room trying to determine your damages, and many other factors affect a case’s outcome. Some factors that can greatly impact the value of a plaintiff’s pain and suffering damages are the following:
whether the plaintiff is a good or bad witness
whether the jury likes the plaintiff
whether the jury thinks that the plaintiff lied
whether the jury thinks that the defendant or the defendant’s witnesses lied
whether the plaintiff has a criminal record
whether the plaintiff’s injuries are easy for the jury to understand
One more thing that, sadly, affects the value of pain and suffering in a medical malpractice case is whether the plaintiff is alive and in the courtroom. Juries’ pain and suffering awards can be lower for a deceased plaintiff than for a living, suffering plaintiff. You must ask your lawyer to give you his/her frank opinion about what the jury is most likely to do with your case and your evidence.
Loss of Consortium
Loss of consortium refers to the intangible benefits the injured person provided to his/her spouse or (in some states) children. It is often thought of as the effect of injury on a sexual relationship. Still, it refers to the injury to the entire relationship between the injured person and his/her family.
DEMANDING PROFESSIONAL ACCOUNTABILITY.
Many families are in emotional turmoil following the unexpected and premature death of a loved one in a hospital. They do not feel ready to face a legal battle right away. Or they may have always held the medical profession in high esteem and are reluctant to blame the doctor or hospital for the death, even in the face of compelling evidence of wrongdoing. Unfortunately, the reluctance of survivors to hold incompetent, negligent healthcare professionals accountable for the wrongful loss of human life only helps to perpetuate the problem. More people will die unnecessarily if we don’t insist on professional accountability.
WHAT TO EXPECT DURING YOUR FIRST MEETING WITH AN INJURY ATTORNEY?
The lawyer:
* May ask you to sign a form authorizing the release of your medical information from health care providers so that he or they can obtain your medical records on your behalf.
* Will want to know about all of your insurance coverage.
* I will ask if you have talked to any insurance adjustors and if so, what you have said, and whether you provided a recorded or written statement about the accident or injury.
* I will ask if anyone else has interviewed you about the accident or your injuries, and if so, with whom you spoke and the details of what was discussed.
* May ask about the current status of your injuries – whether you are in pain, your prognosis, etc.
* May advise you to see your doctor if you have any lingering physical problems or complaints.
* May consider your case and contact you shortly after the meeting to discuss your legal options. This is a common practice in injury cases, so you should not read anything into it.
* May decline to take your case. He or she may do this for many reasons, such as his or her current caseload, capabilities or specialties, economic situation, or family responsibilities.
* May refer you to another lawyer. This happens when the lawyer cannot take your case for any number of reasons or when he or she thinks the other lawyer can do a better job under the circumstances.
* May ask you to sign a retainer contract or other form of agreement for representation. You should be able to take the contract home to study it before signing.
* Will tell you what the next steps are. There may be a factual investigation before a lawsuit is filed or settlement is considered, and the lawyer may be able to give you a rough estimate of how long it will take to resolve the case.
* Will tell you not to talk about the case with others and that you should refer questions back to him or her. Stray comments can ruin your case in the courtroom.
* Will probably give you an idea of how he or she intends to keep you informed of progress in your case.
SOME PERSONAL INJURY LAW TERMINOLOGY
Negligence
Within Personal Injury Law, negligence is defined as the degree of culpability and responsibility for an accident; normally, upon the mention of the classification ‘accident’ about an injury claim, the appropriate judicial evaluation will mainly regard that incident to result from negligence instead of recklessness.
Intent
Within Personal Injury Law, injury resulting from a manner of action or behavior where the purposeful desire to cause individual harm, injury, or damage is implicit within the actions of the offender – in contrast to a decision of negligence, the presence of intent and premeditation is the main element within the decision of intent.
Recklessness
Within Personal Injury Law, the determination of recklessness – instead of negligence – involves the degree of lawfulness latent within the particular operation or behavior within a particular circumstance or activity; usually, the decision will arise from the undertaking of legal activity in an unlawful or overdue manner.
Liability
Within Personal Injury Law, the determination of liability includes the examination of the respective adherence to the implied expectation of behavior, actions, or provisions latent within a scenario, circumstance, or occasion – the party cited as the ‘liable party’ is identified as per the degree of the accident sustained in concert with their respective degree of obligation.
Personal Injury Law Assistance
In case you, a member of the family, or a loved one have sustained a personal injury, you are motivated to get in touch with legal counsel – through a personal injury lawyer or personal injury lawyer – for additional assistance in submitting a personal injury claim.
WHAT SHOULD YOU DO IF YOU’RE HURT IN AN ACCIDENT?
Call an Attorney
* Do not admit fault. An admission of fault to a police officer or insurance coverage agent could be hard to overcome if you were not at fault and choose to pursue a claim.
* Look for medical attention immediately. Even if you believe your injuries are minor, you must seek advice from a medical professional as quickly as possible. Some symptoms of injuries, such as headaches, dizziness, and pain, do not appear for hours and even days following a crash.
* Keep a journal of your signs. Discuss them and other concerns with your doctor.
* File the accident scene and your injuries. Do not count on police evidence or insurance provider pictures. If possible, take pictures of all vehicles involved and the surrounding streets. Get the names and contact details of any witnesses. Take pictures of your injuries as quickly as possible after the accident.
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According to the National Highway Traffic Safety Administration, automobile accidents account for the most number of Personal Injury Cases in the United States. Owe it to the propensity of most people to ignore road courtesy and traffic laws, automobile accidents have figured on the tally board as one of the leading causes of deaths, too. Therefore, it is unsurprising that a car accident lawyer and an insurance adjuster could never be far behind whenever there is an automobile accident. A person injured in an automobile accident or any family member would certainly find a good lawyer, the family’s best ally during a crisis. A competent lawyer with experience in handling personal injury cases, specifically automobile accidents, protects the rights of the injured in his bid to receive just compensation for the harm or injury he sustains during the accident. Without a competent lawyer, the injured person may not be justly compensated; failure to receive fair judgment for the harm or injury could be worse than the automobile accident itself.
“Law of Negligence”
Proving guilt in an automobile accident rests on the “Law of Negligence”, which defines that any person who acts negligently and causes damage or injury to another must compensate him for the same. The law requires that anyone driving an automobile must observe a “reasonable degree of care”, and failure to do so gives rise to negligence. For a claim to suffice, it should be proven by the person injured that the person driving the automobile failed to apply reasonable care, as such, acted negligently under the circumstances, and that the injuries suffered by his person or property were the direct result of such negligent act or series of acts. In the list given, some factors may cause automobile accidents that exonerate the driver from a negligent act, such as inherent defects on the vehicle itself and road hazards like a poorly-lit intersection, bad roads, defective traffic systems, etc. A product liability attorney has to be consulted before filing a claim for damages against a car manufacturer. Also, an injury or harm against someone who has
as a proximate cause, bad roads and faulty traffic systems may give rise to a claim against the state.
What to do in an automobile accident?
A person in an automobile accident should never disregard prompt medical attention, no matter how minor the accident was. As some cases have proven, some injuries manifest only after several hours, and to dispense the chance to seek immediate medical response right after an accident may prove fatal. Police presence at the scene of the accident may also be necessary. For obvious reasons, the importance of getting the plate numbers of vehicles involved in automobile accidents can never be underrated. When you witness a vehicular accident, you should immediately jot down the plate numbers in case the perpetrator plans to speed away from the incident scene. Note the names, addresses, phone numbers, and other contact details of all persons involved in the accident, including witnesses. Witnesses’ narratives of the incident, if possible in writing, can go long ways to secure a tight lid on legal action for damages that will proceed later. Take pictures. As pictures “speak a thousand words”, successful “reconstruction” of the incident using computer graphics based on available photos taken from the crime scene will prove handy. Contacting your insurance company at once may prove helpful. However,
above all, contact a Personal Injury Lawyer. Your lawyer can handle inquiries and interviews, so you should better leave it to his expertise and knowledge of the law to handle your case skillfully.
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Why Do You Need a Dog Bite Attorney?
If you or a loved one has suffered injuries in a dog attack, you need experienced dog bite lawyers to help you pursue the compensation you are entitled to. Why Do You Need a Dog Bite Attorney? There are more and more dogs. With so many dogs and humans thrown together in all of these situations, it is no wonder that dog attacks have become a common occurrence. Thousands of people are bitten by dogs every year, and someone seeks medical attention for a dog bite-related injury every few minutes. Children are especially prone to suffering from dog and animal bites. More than 50% of those that suffer dog attacks are children, and 1 out of 10 injured is a sleeping baby! Dog bites are a greater health threat for children than whooping cough, mumps, and measles combined. Even more frightening for parents of young children is that almost two-thirds of injuries among children ages four and younger are to the head and neck region.
When Should you Select a Dog Bite Attorney?
In most cases, the owner of a dog is responsible for the injuries caused by the dog, regardless of any actual negligence. Your ability to recover from dog bite damages with the help of a dog bite lawyer depends upon your injuries and any medical care you receive for the treatment of those injuries. Due to statutes of limitations, the time to bring a dog mauling injury claim is limited, which makes it imperative that you contact an experienced dog bite attorney as soon as possible.
What you do immediately following a dog bite can strongly affect your ability to get compensation from those responsible later. Once a dog bite victim is safe and is receiving proper medical attention, it is important to do the following:
1. Determine the name and address of the dog’s owner
2. Determine the name and breed of the dog
3. Get the names, addresses, and phone numbers of any witnesses to the incident
4. Take photographs of the wound
5. Take photographs of the incident location
6. Have the doctor who treats you perform an in-depth evaluation of the wound
7. Do not permit the dog to be destroyed until you have consulted with an attorney there is evidence that can be gathered from the dog while it is alive that could help with your dog bite lawsuit.
How to Find the Right Dog Bite Lawyers?
Dog bite lawsuits can be complicated because they involve the collection of medical records, animal control records, and previous citations, checking for violations of local leash law ordinances, getting witness statements, and obtaining expert testimony regarding the extent and long-term prognosis for a victim’s recovery. An effective dog bite lawsuit can allow victims to collect damages to help pay for the cost of medical treatment stemming from the dog attack and other expenses such as lost wages and pain and suffering. Victims need to contact an experienced dog bite lawyer to discuss what legal remedies may be available in their case.
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1. Why Should I Use Your Service? Because you’re about to make an important decision, which will likely have a significant impact on your life from this point forward. Most referral services are not owned and managed by lawyers who understand what attributes are most important in an attorney to obtain the best possible result for the client. They simply refer clients to those lawyers who pay the referral service for their cases. As for trying to search for a lawyer on your own, the reality is that unless you know the right questions to ask, you won’t know until your case is over whether or not the lawyer you choose has the expertise, work ethic, or respect of their adversaries, all of which are necessary to get the job done right.
2. How much does your service cost?
I do not charge you any money at all. I am paid a portion of the fee earned by the attorney I refer you to. I will be a party to the fee agreement between you and your lawyer and will maintain professional responsibility on your file through its conclusion. This arrangement ensures that I will refer you to the attorney who I believe will get you the best possible
result.
3. Do you handle any cases yourself?
Generally, I do not. However, there are some cases in that I am very confident I can convince the defendant’s insurance company to tender their policy limit without the threat of a lawsuit and with minimal pressure. In these cases, I offer clients the opportunity to
have me handle the case for a 20% fee. This can significantly save the client, as most other attorneys will give a little discount from their full 33% fee.
4. Will you answer my legal questions before referring me to one of your lawyers? Absolutely. As a practicing attorney in good standing with the Texas Bar, I can give legal advice. This is not the case with almost all other lawyer referral services.
5. I already spoke to a law firm because everyone knows them and everyone says they’re the biggest and best, and they turned me down. How can one of your lawyers help me?
It is important to note that even if a law firm has already declined your case, it does not necessarily mean you do not have a viable claim. The fact is that many big-name law firms simply do not take cases that are not big enough for them. If you have a whiplash-type injury and do not have broken bones, torn ligaments, or the need for surgery, these firms feel that they will not make a large enough fee to make it worthwhile. Those people who find a big-name law firm that is willing to accept their case are often disillusioned when among other things, their phone calls go unanswered, they are pawned off on a paralegal or secretary, or their settlement leaves them with less money than the law firm and doctors made. I cannot stress enough the importance of an attorney’s attention to a client’s case. Unfortunately, the dynamics of a large firm dictate that the average case, which the vast majority of cases are, is not given the same attention as the large cases in such a firm. As a result, cases that appear average on their face are never allowed to reach their true value, even though many cases that seem average are anything but. For instance, it is very rare for an attorney who handles multi-million dollar cases to bother reading the medical records on an average case until it is time to discuss settlement with the defendant’s insurance company. Failure to review medical records as they come in makes it impossible for a good attorney to make appropriate suggestions for referrals to specialists if symptoms are displayed that indicate a more serious injury than what appears to be a simple whiplash injury. For example, where a client is complaining about pain or numbness traveling into their arms or legs, the first thing a good lawyer should suspect is a disc injury in the client’s neck or back. A disc is like a shock absorber that is sandwiched between each of the vertebrae in the spine. When a disc is ruptured or herniated, it can put pressure on the nerves that go from the spine to the arms or legs, thereby causing the pain and/or numbness that the client is complaining of. The first thing a lawyer should look for is whether an MRI has been performed on the client to diagnose whether a disc has been injured. An MRI is a device that takes pictures of the soft tissue in the body that cannot be seen in an x-ray. If an MRI has not been performed, the lawyer should find out why and if the treating physician intends on prescribing one (by now, you should be asking yourself why it is a lawyer’s job to direct a client’s medical care and not the doctor’s. Well, that is a great question, and I will discuss that below, as the answer is not a simple one). If an MRI has been performed and a disc injury is discovered, a good lawyer will see if the client has been referred to an orthopedic surgeon or a neurosurgeon. Suppose a client is referred to a specialist or is considering such a referral. In that case, they must see a doctor who is not only qualified but one whose reputation among insurance adjusters and defense attorneys will not negatively impact the client’s case. Unfortunately, some surgeons will operate on just about anyone, whether they truly need it. Knowing what doctor you are being referred to before seeing that doctor is a must. If your lawyer is too busy to monitor your care, you could end up in the office of someone who can hurt your case, even if they are a quality doctor.
6. Will my lawyer refer me to a doctor?
Most people who come to me for representation do not have physicians they can turn to even if they suffer a sudden injury. Therefore, most clients ask me, or the lawyer I refer them to, to refer them to a doctor. The doctors my network of attorneys and I refer our clients to have been carefully screened and are well known by us. Thus we can be confident that our clients will receive the best care available to get them as healthy as possible, as well as provide the best possible witness for their case. Those clients that come to us who already have their doctor, or were referred to a doctor via the emergency room, a primary care physician (PCP), or a friend, must be able to rely on their attorney to keep a close eye on their care in the event we do not know that doctor. While most of these clients do not experience problems, a client must understand that people who seem anxious or insistent that you see their doctor are not always motivated by their concern for your well-being. The fact is many of these people are motivated by one thing: Money. Yes, some doctors pay people to refer them to their offices in return for money. These people can be tow truck drivers, body shop employees, emergency medical personnel, and even “friends.” More often than not, these doctors are not the best, and it is a good idea to seek a second opinion if you have already seen a doctor that you were referred to by someone who you do not trust 100 percent. If a doctor, or someone acting on behalf of the doctor, offers you any money or gifts to treat that doctor, leave that office immediately and inform your lawyer or me immediately. Over my 15 years of practicing law, I have seen too many people with indisputable, unquestionably serious injuries receive little or no compensation, all because their doctor was caught participating in fraudulent activities. Another important consideration is your doctor’s willingness to work with your lawyer when trying to resolve any remaining balances owed to the doctor when your case settles. All of the doctors to whom we refer our clients are willing to reduce significantly or, on many occasions, entirely waive their balances if we do not receive a substantial settlement on your behalf. Unfortunately, many doctors out there will demand payment of their entire bill, even if that means the client will receive little or no money from their settlement. These doctors tell clients they will treat them for free if they have no health insurance and wait until the client’s case settles for payment. However, for various reasons, settlements or verdicts do not always produce enough money to cover their medical bills and attorneys’ fees and leave money for the client. In these cases, we expect the doctor who treated you for free will share the risk you and your lawyer accepted when the case was opened and reduce their fee accordingly. Unfortunately, a doctor is entitled to seek payment in full, and if we do not know that doctor and you were referred to them by a stranger or acquaintance, the doctor may be the only one who makes any money as a result of your injury.
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Riding Dangerously: Law on Motorcycle Accidents
Touring across the United States on two bike wheels powered by a reliable engine has become not just an all-consuming hobby of the free-spirited individual who loves the outdoors but also a national pastime for those who find themselves inside office cubicles for at least 40 hours each week. Their weekend on a motorcycle gives them the sense of freedom to “smell the flowers” and recharge their batteries, so to speak. This “fever on bikes” has caught on many people that “tourism on motorcycles” has become a passion for Americans and Europeans alike.
There are lots of advantages one can think of motorcycles:
One, they come in different styles, which makes them the most flexible mode of transportation. You can ride on them during interstate travels; they are also unbeatable on congested streets. You can cruise with them, race with them or ride on them towards off-beaten paths for a sense of adventure (and misadventure).
Two, the economic advantage of motorcycles over other modes of transportation is the common reason why they are mostly preferred nowadays. Running on motorcycles is cheaper; you can run lots of mileage on them for weeks on the same amount of gas you would usually spend for fuel in your car daily.
Third, they are perfect during high traffic and where to look for parking space is less of a headache.
Motorcycle Accident: How bad can it get?
Road mishaps can happen anytime, most frequently involving motorcycles and commonly fatal. Past surveys showed that deaths on the road tallied a higher count among motorcycle riders than passengers on other types of vehicles. Perhaps, this is because more and more people are taking the road now on motorcycles, with fewer precautionary measures. Most times, however, accidents involving motorcycles are not due to the impaired judgment of their drivers but that of others.
The Law on Motorcycle Accidents
1. Who is at fault? The general law on personal injury, as most Texas car accident lawyers would tell you, provides that whosoever causes an injury to another due to negligent acts shall be held liable for any damage or harm resulting from such negligence. This principle of law applies to motorcycle accidents, slips, and falls. Other related cases provided these three (3) requisites concur: There is a duty of care required by law from the defendant (the person accused) to be provided to the plaintiff (person injured); The defendant failed to perform or refused to perform the standard of care required of him; Due to negligent acts, committed an injury or caused an accident; As a direct result of such negligent acts, the injury was inflicted on the plaintiff.
2. Law on Manufacturer’s Defects
There are instances when accidents happen due to some defects in the vehicle itself. When this happens, it is always best to consult
with your attorney who has the knowledge and competence to deal with issues about the product liability, including recalls, if
any. Only a competent, experienced lawyer can determine if the motorcycle driver can press charges and collect claims against the manufacturer for any damage or injury he suffers due to a product defect.
3. Law on Helmets
Most states in the US require all motorcycle drivers and their passengers to wear helmets when they are on the road to avoid fatal consequences when accidents happen. Surveys have shown that among those wearing safety helmets and those without, brain injuries encountered by head protection are less severe than those fully exposed to danger on the road. Laws about the wearing of helmets and other protective equipment differ from state to state. There has been a noticeable lack of support among motorcycle operators. Failure to wear a helmet while riding a motorcycle constitutes an act of negligence, which may affect the amount of recovery being sought by the motorcycle driver or his passenger.
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In the world of plastic surgery, there have many horror stories of surgeons who preyed on people’s sense of self-worth and emotions. There have been countless personal injury lawsuits filed against many surgeons who were properly certified, this is why you should always do extensive research on any surgeon you are planning on going with. Below is a conversation between 2 board-certified plastic surgeons (one does facial surgery and the other does body surgeries) that gives some good advice.
Dr. Face: Read anything interesting lately in the professional press for plastic surgeons or doctors?
Dr. Body: Odd you should ask. Just finished an article in Plastic and Reconstructive Surgery.
Dr. Face: Sure. Wasn’t that the one that took a survey of 1,867 cosmetic surgeons who were offering Restylane or Juvederm injections? Dr. Body: Right.
Dr. Face: I’m thinking the researchers picked that service of facial fillers because many physicians think it is easy to learn and is done, after all, on a cash upfront basis.
Dr. Body: Then they looked at all 1,867 doctors training. Would you care to guess how many had been certified in plastic surgery and could legally advertise themselves as plastic surgeons?
Dr. Face: If memory serves, it was 495.
Dr. Body: That’s right. The idea of the study was to point out how many non-plastic surgeons are providing cosmetic services.
Dr. Face: But, wait. Wasn’t there something in that same study about liposuction providers?
Dr. Body: In the same area but concentrated in the urban centers, the researchers noted 834 people offering liposuction.
Dr. Face: How many had been fully trained in surgery or as cosmetic plastic surgeons?
Dr. Body: Just about 333, or 40 percent.
Dr. Face: Breaking the statistics down a little further, the researchers found that physicians trained in primary care were the third largest group giving Juvederm and Restylane injections. In contrast, the same lot of primary care physicians were the fourth largest group of liposuction providers.
Dr. Body: So the state of the industry is in a place where if you throw a dart at a list of all cosmetic surgeons, you will likely hit a person who has had no surgical or plastic surgery training?
Dr. Face: Somewhat! Plastic and cosmetic surgery offices offer both surgical and non-surgical treatments. But any doctor doing surgical procedures in an operating room will have had some formal training. It’s one thing to do injections and quite another to perform cutting and sewing. That’s important because many things can go wrong in several different areas. There are issues with anesthesia that can cause problems; there are various types of bleeding that can indicate trouble and other potential unexpected medical woes that rear their ugly heads in the middle of a procedure.
Dr. Body: A board-certified plastic surgeon or board-certified face and neck surgeon will have four to seven years of training after medical school. The part about board certification means the doctor has been tested, grilled, and examined in every way known to science to establish his or her knowledge and skills about plastic surgery procedures. That person cannot leap tall buildings or outrun a speeding bullet but is as safety-conscious and dependable as science can make him. He or she has passed all the tests worth passing. Dr. Face: In America, any physician with an M. D. degree and a medical license can call him-or-herself a cosmetic surgeon.
Dr. Body: You can even check on your personal computer.
Dr. Face: Then, go to that surgeon’s website, and look at his or her training after medical school, fellowships, and the before and after plastic surgery pictures. There should be many of the procedures you want.
Dr. Body: When you email the surgeon, ask how many times a month he does the procedure you want. You might also ask when was the last time he had a surgical complication, how it was handled and what he learned from it.
Dr. Face: Excellent suggestion! About one percent of the time, surgical complications happen in the best hands. So you’ll quickly find out if the surgeon is leveling with you and if he is still open to the idea of learning. That is very important for any medical professional.
Additional Tip: Make sure to disclose any medication or supplements you are currently on before surgery, even if it’s all-natural such as a prescription for ADHD or Thyax thyroid support, so the Dr. can proceed accordingly.
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“Slip and Fall” accidents are categorized under personal injury cases and may be caused by any obstruction on the floor or pathway that is the direct result of skidding or tripping; uncovered holes on pathways, wet surfaces, etc. that may be stepped upon, and cause an accident, including other barriers or hindrances on the walking path. The above conditions may either be permanent or temporary. When filing for damages incurred due to a slip and fall incident, one has to prove that there was sufficient time for the owner of the building before the accident to rectify the error on the flooring or surface and eliminate the hazard and that he had sufficient knowledge that those potential hazards exist, but did nothing to correct those.
Who may be held legally responsible?
The property owner and the person injured may be held responsible for their respective levels of negligence. As a general principle of law on slip and fall cases, the court shall establish degrees of responsibility arising from a slip and fall incident and determine levels of “comparative negligence” on the part of the person injured by the act or omission or negligence on the part of the property owner. By this, the court shall establish the degree of responsibility that the property owner has exercised to ensure safety on his premises, in direct proportion to the responsibility of the injured to be mindful of where he is going and what he is stepping upon. When the courts have determined comparative negligence, they will decide on the percentage of accountability for both the injured and the property owner, which will become the basis of payment for damages. A person injured in a slip and fall accident or his immediate family should consult a competent accident attorney with a proven track record in handling personal injury cases, specifically slip and fall accidents, for thorough advice.
“Talk to my Lawyer”
In a slip and fall accident, as in all other personal injury cases where insurance can be an issue, it is best to direct the insurance adjuster to your lawyer. Your lawyer should handle whatever questions the insurance adjuster may have. He has the expertise to handle issues that, when left alone to you to discuss with an adjuster, may become inimical to your interest.
What to do right after a slip and fall incident.
* Here are some random things to do right after a slip and fall incident that can help you justify your claim for damages:
Take pictures. Capture the place of the incident on film. Focus on the hazard or obstruction on the path which caused you to slip and fall. If possible, capture photos of the vicinity to establish that it is prone to traffic and that anyone else could experience the same fate unless the hazard is addressed properly.
* Secure a report about the incident. Gather details of the incident as much as possible, or in your incapacity, a member of your immediate family or someone with you when the incident happened. Keep track of those who may have witnessed the incident and request a written account. This can bolster your claim for damages.
* Seek immediate medical attention. A medical finding regarding injuries you sustained during the incident is the strongest evidence you can have when you decide to file a legal action for damages. If you need help finding the right Physician, we can help you with
that.
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Even if you are not the kind of person who often gets involved in accidents and the like, you can never tell when you will encounter such cases. It is better to know what should be done to implement things right when you have encountered anything that will cause you personal injury. Why is this important? This is because no matter how careful you are, you cannot help other people’s
There are many possibilities for how you can sustain injuries that will affect you in many ways depending on the extent of the damages. If your injuries require you to stay in the hospital to get treated, you must file the claims so that the other party will shoulder your expenses. If this is the case, aside from staying in the hospital, this would mean that you won’t be able to attend to your regular duties or jobs. You will have less income because of what happened. You will also suffer from anguish and worry, and your family and loved ones will feel the same things. So before you settle and agree to forgive and forget the accident and what it had caused you, you must first try to see the injuries and look at the matter to understand its long-term effects.
If you can do so on the spot, you must gather as much evidence as possible. This must be accomplished even if you are still unsure whether to pursue a case or not. If you have to be taken to the hospital, ask someone to help you record the things that can help you with your case later. Pictures should be taken at the scene. You must capture all the angles of the damages and the injuries you have sustained. You should also jot down important things and details that you might forget later, like the accident’s date, time, and location.
After you have enough materials, you must seek the services of an attorney for these cases. They can help you regarding the matter and explain what should be done to ensure you will get what you deserve. The consultation fees are usually free; just make sure you seek the help of the right person who is knowledgeable about the matter and will truly try to help you through it all. Initial research to prepare yourself for these situations so that you will be confident about what you must do when these happened to you; you must indulge in various resources to help you know more about the topic. Here are some things you can easily do to accomplish this.
1. Try to find printed books that tackle this subject. You must browse through the books’ pages before you borrow or buy these because you need to ensure that you can easily understand how the concepts were written.
2. You must also try to read related websites that will give you good ideas about personal injury. You may want to check out personal blogs, professional sites, and online forums. The latter will be able to help you in terms that you can ask your queries to the forums posters about the things that are still unclear to you.
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When is death considered “wrong”?
In the mind of a hapless family member who just lost a husband, a brother, or a son, death at any angle is never right. It robs children of a father who could have nurtured them and provided for their needs; for a sister, a brother she could always run to when the “goings get rough,” and to a mother – nothing or nobody can comprehend the sorrow that a mother feels when she loses her child. All who may have loved the deceased lost something upon his death; not only the companionship and the affection he could have continuously given them but also the financial help he had provided for them when he was alive and could have continuously provided for them had he not died. This is what the law on wrongful death tries to compensate and the exact remedy a competent accident lawyer called by the family to represent them in court should try to accomplish. A wrongful death lawsuit is brought to court as a consequence of an injury inflicted on a person, which resulted in his death, and the effect of loss that his death caused upon the lives of people who depended on him for support, both in financial and emotional aspects. In wrongful death cases, the wrongful act could be a product of negligence or recklessness, or deliberate intent to harm someone.
What differentiates wrongful death from murder and medical malpractice?
Murder is a criminal offense; the guilt of the person charged with the offense must be proven “beyond a reasonable doubt,” while wrongful death is a civil case, necessitating only a “mere preponderance of evidence” to charge a person with the offense. In a criminal case, the person charged with an offense is considered innocent until proven otherwise, and the burden of proof rests upon the jury to prove beyond reasonable doubt that the person charged indeed committed the crime. If there is an iota of doubt, the law rules in favor of the acquittal of the accused. There should be a tight-lid conviction of the accused; otherwise, the court will have no recourse but to rule for an acquittal. Murder as a criminal offense carries the penalty of incarceration; wrongful death is for monetary compensation of the victim’s family members and does not necessitate imprisonment of the person charged with the offense. In medical malpractice cases, the negligent act of a physician may result in wrongful death, but not all wrongful deaths are caused by medical malpractice. It is best to consult an accident attorney for a thorough explanation of this matter, including recoverable damages that the aggrieved party should seek through the courts.
What action for damages does the Law on Wrongful Death provide?
The reason for a wrongful death lawsuit is to determine the amount of compensation for damages that the family of the deceased incurred, such as but not limited to actual medical and burial expenses; the economic loss that the family has to endure due to the wrongful death of a loved one who could have been the family’s provider, including damages for pain and suffering, as the law explicitly provides. The following factors determine the compensation of the number of damages to economic loss: Earnings that the person could have earned if he did not die; Estimates of his earnings in the future.
Statute of Limitations
Statute of limitations refers to the period provided for by state law as to when a claim can be filed in court. When the period lapses, the right to file the claim in court is lost permanently. As a rule, shared by most states, the period commences when the incident happens.
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