legal 12/26/22 – Personal Injury / FAQs for Claims / Insurance Company Secrets / Dog Bites / Personal Injury / Employment Law / Truck Accidents – gtg



When is the best time to hire a lawyer?
The best time to retain a lawyer in a personal injury or wrongful death case is immediate. Cases are won or lost on the evidence. The sooner the lawyer can get started taking statements from witnesses, shooting photographs of important things, and preserving essential evidence in the case, the better. The fee is a percentage of the recovery, so it does not cost more. In many cases, the price is lower if a claim is settled earlier without extensive litigation, which can result in more money to the client from the settlement.

How long will my case last?
At the outset, it is difficult to predict how long a case will go on before the final settlement because of many factors. Generally, cases in less severe injury matters are resolved in six months to a year, and in complex and catastrophic injury cases, many cases take two or three years to settle. Trial before a jury in most personal injury and wrongful death cases takes between one and two weeks. Some complex cases can take several weeks or even months.

Do I have to pay any attorney’s fees upfront if I hire your firm?
The easy answer is no. Our office works on a contingency fee basis and fronts all the expenses on your case. We get reimbursed for our costs out of the settlement proceeds. Our fee is generally 331/3 percent if the case settles before filing a lawsuit and 40 percent if a lawsuit must be filed. If we do not make a recovery on your case, then you owe our office nothing.

What type of costs can be expected in my case?
The first thing that costs money in handling a case is the investigation. Investigators are used to taking statements from witnesses, photographing the scene of the accident and the damage to the vehicles, and locating other important evidence. There are also fees for the reports obtained from police, fire departments, and other investigative bodies. Next, hospitals and physicians’ offices charge for copies of their medical records and bills. Experts, such as physicians, life-care planners, accident reconstruction, safety engineers, biomechanical engineers, economists, or others, may be necessary to prove the issues in your case. Expert charges are frequently the most expensive part of litigation, with hourly rates varying from $150 per hour to $1,000 per hour. In each case, the expenses are managed very carefully to accomplish the dual goals of proving all issues in the case and not spending more than necessary. The law firm is reimbursed for the case expenses from the funds recovered for the client.

How is a claim valued?
Every claim is valued individually, and many factors must be considered to reach a reasonable value range. There are three key factors in determining the value of a case.

LiabilityDamages – Available Coverage
Liability is who is at fault for the accident. In Texas, we have what is known as an at-fault state. Your claim can be decreased if you were partially responsible for the accident. The second factor in determining the value of your claim is the damages suffered by the injured party. The worse someone is injured, the more valuable the claim becomes. Some of the important considerations are: the type of injury, the length of the disability resulting from the injury, permanent residual pain, loss of function, scarring, past and future medical expenses, and loss of earnings and lost earning capacity. The last factor is the available coverage. This means how much available insurance coverage is there to compensate a person for his or her injuries, or is the defendant self-insured and able to pay the injured party?

Should I give the insurance company a tape-recorded statement?
Generally speaking, the investigators or adjusters for an insurance company that represents the wrongdoer that caused an accident to want to take a tape-recorded statement from the injured claimant to use later to limit the claim’s value. By getting the injured person to say on tape that they are not severely injured, or if the injured person forgets to describe any significant parts of the injuries suffered, the defense will later play the recording in court to say “the person didn’t have the problems being claimed in court at the time of this recording, so they are not real or not related to this accident.” In other words, the tape recording is used against the interests of the injured party and to try to prevent the injured person from claiming any injuries or losses later on that are not described in the recording. The best advice is never to provide such a recording!

How do I get my car repaired in an auto accident, and can I get a rental car?
The party at fault for the auto accident is responsible for the property damage to your vehicle. The insurance company must pay the vehicle’s fair market value if the car is a total loss. You are also entitled to payments for loss of use of your vehicle while it was inoperable. If the car is fixable and not determined to be a total loss, then the insurance company must provide you with a rental car while your vehicle is being repaired. Many times it is difficult to get the adverse insurance carrier to comply with these requirements, and it is necessary to have a personal injury attorney help you with these matters. Call us today so our office can help you through these difficult times.

Am I responsible for my medical bills?
The ultimate answer to this question is yes. However, different situations and various ways depend upon the type of accident in determining how the accounts should be paid. You can also be reimbursed for travel expenses through your insurance carrier. The party that caused your injuries is responsible for medical bills in personal injury protection. If you were involved in a slip and fall accident, the premises where you were injured might have medical payments coverage that will cover your medical expenses. Contact our office for a more in-depth conversation with our attorneys to discuss how medical bills would be handled as it relates to your particular situation.

10 Tips for Injury Victims
1. Obtain immediate medical assistance.
2. Hire an experienced personal injury lawyer as soon as possible.
3. Write a detailed summary of all facts surrounding the accident. (Only give this to your lawyer.)
4. Do not give representatives of insurance companies or adjusters written statements or tape-recorded statements when asked to do so on the telephone. Have them contact your lawyer.
5. Obtain a doctor’s note for all time taken off work due to your accident, even if you are self-employed.
6. Save all physical evidence, and mark them with some identification tag. This may mean the shoes involved in a trip and fall accident, the receipt for products purchased at a store where you fell, or material or foreign objects which caused a fall.
7. Obtain and save the names of all witnesses and persons involved in an accident. Be sure to get the telephone number and address of the witnesses.
8. Take photos of all damages. This means damages to any motor vehicle, motorcycle, etc. Also, take photos of all visible injuries. Be sure to develop these pictures immediately. If they do not come out well, retake the photographs before the physical wounds have healed. If a dangerous condition causes a fall, take pictures of the hazardous condition before it is changed or repaired.
9. Do not sign anything without the approval of your lawyer. Insurance companies and adjusters frequently request people to sign authorizations to obtain information or releases of all claims. Be sure to show these documents to your attorney before signing them.
10. Avoid gaps of time between medical treatments. The defense uses long periods between medical appointments to argue that the later treatment is unrelated to the accident. Also, be sure to give each doctor you see an accurate history of all the physical and mental problems experienced as a result of the accident.

What are the DOs and DON’Ts after an accident?
DO: Get medical care immediately, write a detailed account of what happened for your attorney, report the accident to the police and your insurance company, and keep a journal of how you are doing with your injuries and affecting you. Consult with a knowledgeable lawyer as soon as possible (this usually is free). Take photos of your injuries, damage to your vehicle, or the dangerous condition that caused your injury. Save the defective product that caused an injury and the receipt for it.
Don’t: Don’t give a tape-recorded statement to anyone from an insurance company or adjusting firm without first consulting your lawyer. Don’t delay in seeing a doctor for your injuries. Don’t negotiate with the other person’s insurance company without first talking to an attorney. Factually speaking, people represented by an attorney receive a settlement three times greater than those who try to obtain payment without the help of an attorney.



10 Secrets Of Insurance Companies Don’t You Want To Know About

Insurance is a BIG BUSINESS; these companies are in business to make money. The less they pay to injured victims on claims, the more money they make! So you must understand how large insurance companies get out of paying you.

This probably sounds like an attorney trying to get more cases, but unfortunately, this secret is true! Insurance companies actively discourage you from getting a lawyer. They usually suggest that the attorney’s fee is a waste of money and you can do it yourself. Bottom line: The insurance companies have attorneys, and so should you.

If you’re in an accident, you must seek immediate medical attention. Victims are often in some form of shock after an accident. The shock can often mask serious injuries, and the injured will not feel any pain. Most people deny being hurt because they don’t want to make a “big deal” out of the accident. This is a trick the insurance companies use against them when settlement time comes. They claim, “If your client was hurt in the accident, why didn’t he or she go to the doctor immediately.” Don’t let them win this argument; get the medical treatment you need as quickly as possible.

One of the most important aspects of your claim is the evidence. The longer you or your lawyer waits to collect the necessary evidence, the harder your case will be to prove. The case’s value may be substantially reduced if this evidence is lost because you cannot prove your claim. Additionally, you may be barred from recovering any money if you wait too long. This is called the Statute of Limitations. Sometimes, you must put a party on notice, and these time limitations can be very short. The insurance company won’t tell you that they don’t want you to recover a dime!

You’ve heard it said, “A picture is worth a thousand words.” A picture can also be worth a thousand dollars or even more in injury cases! I always take more pictures than I need, taking pictures of everything relevant. When in doubt, take a picture. Good photographs can make a case. Take photos of your car and any scar or bruises that occurred as a result of the accident.

Documentation is a major key to keeping an insurance company honest. You must show proof if you want to get paid for an expense and other items you are legally entitled to recover. Many people let legitimate expenses fall through the cracks. But remember, not only does this get these items reimbursed, but it also shows just how seriously you were injured. This may give the adjuster a better idea of what happened to you.

Make sure that you carefully follow your doctor’s instructions. Money cannot ever replace good health, so you want to follow your doctor’s advice and treatment plan. You want to recover from your injuries as quickly as possible. Your doctor will keep track of any missed appointments and deviations from his or her treatment plan. When we provide the medical records to the adjuster, they will be able to see these inconsistencies. Their philosophy is that hurt people get the help they need and follow through with it. So you can see how they may think you are not injured as seriously as you are if you do not follow through with your doctors and treat them consistently.

SECRET #7: INSURANCE ADJUSTERS ARE PEOPLE TOO. Remember that insurance adjusters are people, and people can be reasoned with. Insurance companies don’t want you to think of them as people, but that’s who runs these companies! They try to hide behind professionally-looking stationery, cold voicemail, and significant buildings. Still, when it all comes down to it, a person decides when and if to pay the claim and what amount to pay for your accident.

Sound strange? It’s true; adjusters try to befriend you and get you to take a small amount of money immediately, sign a release and send you on your way. This is taking advantage of people who may have serious injuries and are entitled to significantly higher amounts of money. If you have been offered a few hundred dollars to a couple of thousand dollars by the adjuster, you are in a dangerous place and should seek immediate counsel from a lawyer.

SECRET #9: THEY DENY LIABILITY. Insurance companies often deny claims that are real, substantiated, and factual. This is called a “bad faith” claim; until recently, insurance companies have never been called on this issue. They flat-out dent the claim and hope you will go away or get an attorney who is not very good. They are betting on the odds for which they have spent much money figuring out. It’s not fair, and you need to get a qualified attorney.

They don’t want to have a lawsuit filed against them. But sometimes, the best thing to do is skip the insurance adjuster and the insurance company. What happens is you get the claim out of the hands of an adjuster and into the hands of the insurance company’s attorney. More often than not, these attorneys are easier to deal with, return phone calls better, and are more willing to see the case move along. They will take the matter to a jury trial and often settle before the jury returns with a verdict.




According to the Centers for Disease Control and Prevention, nearly 2% of the U.S. population is bitten by a dog yearly. This translates
to almost 5 million dog bite victims per year, most of whom are children. If you or a loved one has been bitten by a dog and need to retain legal counsel, please contact us today. Our dog bite attorneys are experienced with dog bite information and litigation. Here are a few frequently asked questions about dog bites:

WHY DO DOGS BITE? There are many reasons why a dog bites. Dogs bite out of fear, to protect their territory, or to establish dominance over the person bitten. Some owners mistakenly teach their dogs that biting is acceptable to play behavior. Another factor could be how the owner has treated the dog over time. Lastly, it could be just due to dog breeds and genetics.

1. Identify the dog that bit you and see if you can get the address to the house where the dog bite occurred. If it’s a stray, you could
end up having to get rabies treatments, which is very painful. However, suppose the dog belongs to someone. In that case, you may not
have to get rabies treatment, and you may be eligible for a personal injury lawsuit against the owner.
2. Get medical attention quickly because any delay in getting medical attention could affect your eligibility for a claim.
3. As soon as possible after you’ve received medical attention, focus on finding out as much as you can about the dog and the owner,
including whether or not the owner has insurance (homeowners, renters, commercial, or landlords insurance).
4. Have good pictures of your injuries on the attack date at reasonable intervals afterward.
5. Interview witnesses (if there were any) at the location of the attack, taking down names, addresses, and phone numbers of any
witnesses to the attack.
6. Contact us for experienced and qualified dog bite attorneys to represent you and help you with your claim.

Landlord liability law differs from state to state. Some do not ever impose liability on the landlord. However, a landlord may be liable
for injuries and bites inflicted by dogs belonging to tenants and possibly others bringing dogs onto the landlord’s property. It all
depends on your state’s laws. As a dog bite victim, you may be entitled to damages and losses, ranging from medical bills and emotional
harm to failure of the opportunity to earn income in the future because of the injury. Only an experienced dog bite attorney can
determine if you are eligible for a lawsuit claim. State statute limitations apply, and you may have as few as 60 days to start your



Dog Bite Injury Law – Contact Us Today For a Free Consultation if you have been the victim of a dog bite or animal attack.
Serious dog bite injuries require a severe dog bite lawyer. To get the help of a dog bite attorney, please call us now. Whatever legal problem you have, our Texas dog bite attorneys want to help you. You can see us for free. Please get in touch with us now. You may be entitled to compensation for your injuries.

Dog Bites and Animal Negligence
Dog bites are dangerous, painful, and costly. The chances of being bitten by a dog in America are 2% every year. That means that every 40
people in the US, someone seeks medical attention for a dog bite. You may be entitled to compensation if a dog has bitten a dog or someone close to you. It is essential to consult with an attorney as soon as possible after the dog bites to preserve your rights in this matter. Legal responsibility for damages resulting in these attacks by dogs is generally considered under Personal Injury Law and
referred to as torts. A tort is a wrongful injury to a person or his or her property. Personal injury laws are enacted to prevent harm or to compensate for harm to a person or property. That harm or injury may include physical, mental, or financial damages. The bodily injury due to a dog or animal bite may even be secondary to the mental injury to a person who has been victimized to the extent of permanent scarring and disfigurement. Medical bills and loss of income due to dog bite injuries are examples of financial harm. Law recognizes a civil wrong, or a tort, as grounds for a lawsuit for damages or monetary compensation to injured parties. Damages may include both present and future expected losses. Considerations for actual liability in dog bite lawsuits are:

The owner of a dog or an animal is strictly liable for damage resulting from the animal’s trespass on land owned by the victim of a bite. The owner of a dog or an animal shown to be a prior danger is strictly liable for the injuries caused by the dog or animal.
The owner of a wild animal is purely responsible for harm arising from the dangerous characteristic of wild animals of its class.

Texas dog bite law, also referred to as Texas dog attack, Texas animal bite, and Texas animal attack, is a complicated legal system and difficult to understand. Our Texas dog bite lawyers and Texas dog bite attorneys can help you if you have been injured by an animal anywhere in Texas.




It does not matter if you are an employer or an employee; knowing as much as possible about employment law is vital. For an employer, it can help save you from lawsuits, and if you are an employee, it can help you know your rights and if they have been violated.

You would be surprised how many rules and regulations there are for employers. For example, there are 100 statutory instruments, 25 statutes, 36 European directives, and 20 codes of practice, that is, over 181 regulations involved with employment law. It can become a little overwhelming for employers trying to follow everything by the book.

Many do not know that it is not required to have a written contract of employment. When an employer has offered a job, and the employee accepts, an agreement has been created. Of course, it is in both parties’ best interests to have an actual written contract drawn up. If there needs to be a change in the contractual agreement, there will need permission from any party involved. There are many reasons for a change, such as a location switch, pay raise, job title, or hours. If either party disagrees on the changes, the contract cannot be changed.

Compromise Agreement
This is a legal document for terminating an employee’s job and means the employee revokes their right to file a suit or claim against the employer. This is given in exchange for the employer issuing a full and final settlement. There are also job loss situations due to the business deciding to stop trading, move to a different site, or a change in the need for the products or services provided.

Time Limits
There is generally a 3-month time limit on claims filed with the Employment Tribunal. This time limit begins on the day of an employee’s termination or the date the lawsuit was filed. However, exceptional circumstances allow a claim to be heard past the time limit. For example, the employee filing the claim was in the hospital, so the claim could not be made quickly.

Wrongful Dismissal
Some situations occur when employees feel the appropriate disciplinary process is not followed. Other cases involving certain circumstances leading up to the dismissal were not evaluated. These cases are justifiable for an employee to appeal their dismissal.

Monetary Limit
Many circumstances provide no limit to the compensation reward for matters such as age or race discrimination. Then other issues have a limit on the compensation received; each case is different.

Service Time
There are exceptional cases that require a specific time of service provided by the employee before they can file a claim. Discrimination cases have no minimum service time. Wrongful termination generally requires 12 months and redundancy 24 months for a claim to be filed.





12/26/22 legal – Vehicle Accidents / Car & Truck Accidents / Personal Injury / Construction Accidents / Wrongful Death / Premises Liability / Work Injuries / Commercial Litigation / Legal Terms – gtg


Personal Injury: Seeking Compensation for Accidents

Personal injury occurs when the body sustains harm or damage due to accidents. Every day, we witness people falling off bikes or being involved in car collisions, resulting in personal injuries. These injuries encompass physical harm, as well as mental distress. They may also extend to economic losses and damage to one’s reputation. The aftermath of an accident can cause significant trauma, which sometimes surpasses the physical injuries themselves.

Personal injuries can arise from various incidents, such as road accidents, accidents at home or work, during holidays, assaults, dental or medical mishaps, and more. While these accidents are often unintentional, they involve another party, giving rise to disputes. When these disputes are elevated to the legal realm, they become personal injury law cases. The injured party seeks monetary compensation from the individual deemed responsible for causing the injury. The accused party is legally held accountable for the harm inflicted. While these cases can proceed to civil courts, informal settlements are frequently reached prior to formalizing the case, aiming to avoid prolonged litigation.

Our team of lawyers specializes in tort law, which deals with civil wrongs. Although often referred to as “trial” lawyers, most of our cases are resolved through informal settlements rather than going to trial. The primary role of a personal injury lawyer is to ensure that their client receives rightful compensation for the losses endured. This can be achieved through persuasive oral arguments, counseling, or legal advice.

Advocacy is also employed in settlement negotiations. In cases where agreement cannot be reached, personal injury law cases may proceed to trial. Throughout the process, personal injury lawyers must uphold their clients’ best interests, maintaining confidentiality and ethical standards. The party responsible for the accident is known as the plaintiff, who must compensate the client for their losses or offer monetary restitution.

Consider a typical scenario involving accidents caused by drunk drivers. Once the lawyer has proven the plaintiff’s negligence, the plaintiff becomes liable to compensate the defendant for their wrongful actions. In some instances, the amount is straightforward to calculate, such as medical expenses or property damage. However, when emotional distress and trauma are involved, expert opinions may be sought to determine appropriate compensation. Personal injury lawyers representing the defendant may argue that the plaintiff was aware of the risks involved or failed to exercise due care. For instance, this defense may be valid for individuals injured during adventure sports or nighttime activities. Ultimately, the verdict is typically based on the truth of the matter. Civil lawsuits are increasingly common, and personal injury lawyers strive to resolve numerous tort cases. Exercising caution and avoiding accidents can spare everyone significant distress.





Truck Accident Lawyer
Collisions with Big Rigs – Tractor Trailer Accidents

Accidents with an 18-wheeler can be very different from a car wreck. We know that we must get critical information immediately, and even then, we may require the service of professionals who can reconstruct the accident factually. Being involved in an accident with an 18- wheeler tractor-trailer can result in serious injuries or death. We will work with you to ensure that your injuries, as in any accident, are documented. Our truck accident attorneys will do everything we can to get the justice you deserve.

There is so much involved when you are in a vehicular incident … all of which must be dealt with practically on the spot. We investigate these essential items (including obtaining 911 tapes, meeting with witnesses, interviewing the investigating officer, etc.) starting at the beginning.

Pain and Suffering
We know (as do insurance companies) that the pain and injuries resulting from an accident do not always show themselves immediately. Car wreck cases have their challenges, but our injury lawyers will handle your case with experience and assurance and promise that a successful result is imminent.

We only take cases involving severe personal injury. We are committed to your point and your satisfaction. We have a successful track record of success in the courtroom and negotiations. Insurance companies save money by denying, at worst, or delaying, at the very least, your claim. Their goal is always to pay you as little as possible. We won’t let them do that. We will fight for your damages.

Call Now for Your Free Consultation.




Construction Accident Attorneys

With new developments, high-rises, hotels, and tourist attractions built all the time, Texas’ human landscape is constantly under construction. The natural result of this is that accidents are going to happen. While most construction accident cases enable injured workers to seek only workers’ compensation benefits, many others involve defective products or negligence by people other than employers and co-workers.

Please discuss your accident with an experienced construction accident lawyer from our firm and find out your legal rights and options. Contact us to speak with our construction accident lawyers.

If you have suffered a severe injury, we can help you. Our firm has obtained verdicts and settlements of over $20 million for our clients. These results place us among the state and national leaders in personal injury litigation. Call us for a free consultation with our experienced construction accident lawyers.

Knowledgeable Construction Accident Lawyers With Over 20 Years of Experience In Protecting The Injured
We take on construction accident cases throughout Texas. We represent clients in negotiations with those responsible for their losses and litigation at every level of Texas’ state and federal courts. Our construction accident practice includes cases involving:
Construction injuries
Construction falls
Scaffolding falls
Falls from unsecured ladders
Damages caused by falling objects or debris
Crane accidents
Accidents and injuries caused by defective or malfunctioning equipment
Subcontractor or contractor negligence

Whether you were injured because a subcontractor’s employee failed to secure a ladder or a concrete mixer malfunctioned, our construction accident attorneys will investigate and prepare your case carefully and be aggressive in seeking to maximize compensation from ALL responsible parties. To accomplish these goals, we work with various experts and use state-of-the-art technology and courtroom exhibits to demonstrate precisely how and why the accident occurred. We also have an on-staff critical care nurse to assist us in evaluating injuries and arranging for clients to receive the best medical care available.

FREE Consultation/No Recovery = No Fee/Se Habla Español

If you’ve suffered a construction job site injury, call our construction accident lawyers toll-free or contact us via email for a free consultation. Our phones are answered 24 hours a day, seven days a week; convenient evening, weekend, and off-site appointments are available. You pay no fees unless we make a recovery on your claim.



Experienced Lawyers Serving Families In Wrongful Death Claims

Losing someone you love is never easy. When you’ve lost him or her needlessly because of the negligent actions of another, the grieving and personal recovery processes are even harder to go through. Close friends and family can help a great deal — so can experienced attorneys who can answer your questions and won’t let the negligence of those responsible go unchallenged. Let our family help your family. If you have suffered a severe injury, we can help you. Our firm has obtained verdicts and settlements of over $20 million for our clients.

Pursuing Compensation Through A Wrongful Death Lawsuit

Our firm represents families and individuals in the area who have lost people they’ve loved due to negligence involving car crashes, construction accidents, medical mistakes, and many other tragedies. Whether through negotiation and settlement or litigation at any level of our state and federal courts, we strive to maximize our client’s compensation and to help them get through this challenging process as quickly as possible.

Suppose a trial is necessary to secure fair compensation for emotional grief, pain and suffering, the loss of support and services, and other damages. In that case, you can feel confident in our ability to get results. Our firm uses sophisticated courtroom presentations and a well-developed network of experts, medical specialists, and other professionals to assist us in putting forward a clear and compelling story of what happened and why it happened to opposing counsel, juries, and judges alike.

FREE Consultation/No Recovery = No Fee/Se Habla Español

If you’ve suffered the loss of a loved one, call our wrongful death lawyers toll-free from anywhere in Texas or contact us via email for a free consultation. Our phones are answered 24 hours a day, seven days a week; convenient evening, weekend, and off-site appointments are available.



Premises Liability

Shopping center owners, building owners, landlords, and homeowners must ensure their premises are reasonably safe and secure for all who enter. When an individual is injured due to negligent security that led to an assault, our Law Firm will represent the victim in a premises or security liability case and other serious injury claims. Our attorneys consult safety experts and security professionals to expose negligence on the part of retailers, apartment managers, and parking garage companies. We identify what should have been done to increase security, explaining to jurors standard practices and concerns that constitute best practices in the security industry.
Contact us today to arrange a free consultation about your specific case.

Some Of Our Premises Liability Cases

Our Law Firm has handled a wide variety of premises and security cases, including:
* A young man suffered severe injuries diving into an unsafe pool. Experts were consulted to establish the negligent condition of the pool, including a lack of proper depth warnings.
* An individual was severely burned in an explosion. Our expert determined the cause and origin of the explosion and established that the blast could have been prevented.
* We have also established the negligence of bar owners in several cases, including a sexual assault case in which a woman was assaulted on the premises of a bar, even though she was later taken to another location.

Our attorneys and staff thoroughly investigate and prepare the details in premises and security litigation cases. This preparation allows us to offer powerful representation for our clients.

Gathering The Evidence, We Need To Build Your Case

Premises liability and security litigation require skill and experience in understanding safety requirements, including local, state, and federal building codes, and understanding foreseeable risks, hazards, and safety procedures on both business and residential properties.
Our firm offers the resources and the commitment needed to prosecute complex cases through trial and, when necessary, fully appeals.
Successful litigation of premises liability and security cases often involves engineering, safety, and medical experts who can testify on issues ranging from the coefficient of friction for flooring, and construction design, including proper lighting and railings, to the level of police and security protection required in public places.

Give us a call today to arrange a confidential consultation with a lawyer about your case.



Injured On The Job

If you’ve suffered work-related injuries, you may have two possible sources of financial compensation. The first is a workers’ compensation claim you make through your employer. The second potential source of income would be a third-party claim if your injuries were caused by a person or company other than your employer or co-worker.

The personal injury attorneys at our Law Firm help workers injured by third-party negligence on a job site. If you or someone you know was hurt on the job and you know or suspect another company was at fault, call our law office to schedule a free consultation with an attorney.

Handling Any Third-Party Injury Case

Some workplaces are more likely than others to have third-party claims for workers injured on the job.
Construction sites employ many different work crews on the same job site.
Warehouse loading docks or businesses with a lot of delivery traffic can be the site of trucking accidents.
Any employee who drives for work may be involved in a work-related car accident caused by another driver.
Any business using manufacturing or industrial equipment, mainly leased equipment, can experience accidents due to defective equipment or rented equipment that hasn’t been adequately maintained.
We have a strong record of verdicts and negotiated settlements that have made a difference in the lives of many seriously injured clients.

Expert Resources To Prove Job Injury Cases

Our lawyers work closely with engineering, safety, and medical experts to demonstrate to insurance companies and juries how accidents occur and injuries result. Our courtroom demonstrations involve scale models, computer animations, and accident reconstruction exhibits. Computer simulations help juries understand how product defects have caused severe injuries or death.


If you believe a third party caused your on-the-job injuries, call our law office toll-free or contact us online for a free consultation. Our phones are answered 24 hours a day, seven days a week, and convenient evening, weekend, and off-site appointments are available.
All personal injury cases are taken on a contingency basis; you will pay no attorney’s fees unless we can obtain a verdict or settlement on your behalf.

FREE Consultation/No Recovery = No Fee/Se Habla Español


Commercial Litigation

In addition to personal injury, wrongful death, nursing home abuse, and medical malpractice claims, our Law Firm is actively involved in commercial litigation. Call us for a free consultation to discuss how we can help you.

In today’s business climate, there is a constant need for attorneys to protect the interests of innocent business entrepreneurs who are wronged by the actions of others. Insurance companies often avoid paying claims when legally obligated to do so. This can result in substantial financial losses to individuals and businesses. Not only do individuals and businesses suffer a loss from various business ventures, but often, insurance companies fail to fulfill their obligations resulting in a loss. When this happens, our Law Firm represents clients in pursuing claims against insurance companies or other responsible parties to protect those clients’ interests.

In one instance, our Law Firm represented a homeowner accused of setting his house on fire to collect insurance proceeds. The firm argued that the homeowner did not commit arson and was entitled to appropriate insurance benefits. The jury returned a verdict in agreement and ordered the insurance company to pay the claim.

In another case, a small business owner entered into a contractual relationship with a large corporate security firm to provide golf carts for use as security vehicles. After the small-business owner incurred substantial expenses in providing properly maintained golf carts, the corporate security firm attempted to cancel the contract because it negotiated a better deal with another company. Our Law Firm successfully represented David against Goliath and honored the contracts. The small-business owner received the proper compensation based on the terms and conditions of the agreement with the significant security company.

The business world is rough, and sometimes harsh results come from fair and proper business dealings. However, our Law Firm represents companies and individuals taken advantage of by improper or illegal business activity. If you feel cheated, misrepresented, or mistreated in a business or commercial matter, contact our office to review your contract and provide the appropriate representation.


Action – Proceeding taken in a court of law. Synonymous with the case, suit lawsuit.
Adjudication – A judgment or decree
Adversary system – Basic U.S. trial system in which each opposing party can state his viewpoints before the court. Plaintiff argues for
the defendant’s guilt (criminal) or liability (civil). The defense argues for the defendant’s innocence (criminal) or against
liability civil)
Affidavit – A written or printed declaration or a statement under oath
Affirm – An appellate court’s assertion that the lower court’s judgment is correct and should stand.
Allegation – An assertion, declaration, or statement of a party to an action made in a pleading, stating what he expects to prove. Alleged – (allegation) Stated; recited; claimed; asserted; charged.
Answer- A formal response to a claim, admitting or denying the allegations in the lawsuit.
Appeal – Review of a case by a higher court.
Appearance – 1. The formal proceeding by which a defendant submits to the court’s jurisdiction.
2. An attorney’s written notification to the plaintiff stating he represents the defendant.
Arbitration – the hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to
At issue – The time in a lawsuit when the complaining party has stated his claim, and the other side has responded with a denial of the
the matter is ready to be tried.
Attorney at law- A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding.
Attorney of record – An attorney, named in the form of a case, who is responsible for handling the cause on behalf of the the party he
Bankruptcy – A legal proceeding where a person or business is relieved of paying certain debts.
Best evidence – Primary evidence; the best proof is available; any evidence falling short of this standard is secondary.
Brief – A legal document prepared by an attorney which presents the law and facts supporting his client’s case
The burden of proof – Measure of evidence required to prove a fact. The obligation of a party to probe points at issue in the trial of a
Calendar – List of cases arranged for hearing in court.
Caption – The caption of a pleading, or other papers connected with a court case, is the heading or introductory clause which shows the
parties’ names, the court’s name, the case number, etc.
Case – Any proceeding, action, cause, lawsuit, or controversy initiated through the court system by filing a complaint, petition,
the indictment or information.
Caseload – The number of cases a judge handles in a specific period.
Cause of action – A legal claim.
Certificate under penalty of perjury – A written statement certified by the maker as under penalty of perjury. In many circumstances, it
may be used instead of an affidavit.
Certiorari – Procedure for removing a case from a lower court or administrative agency to a higher court for review.
Challenge for a cause – A request by a party that the court excuse a specific juror on the basis that the juror is biased.
Citation – Summons to appear in court. 2. Reference to authorities in support of a legal argument.
Civil law – All law that is not criminal law. It usually pertains to settling disputes between individuals, organizations, or groups and
involves establishing, recovering, or redressing private and civil rights.
Claim – The assertion of a right to money or property.
Clerk of the court – An officer whose principal duty is maintaining court records and preserving evidence presented during a trial. Code- A collection, compendium, or revision of laws systematically arranged into chapters, table of contents, and index promulgated by
legislative authority.
Commit – To lawfully send a person to prison, a reformatory, or an asylum. Common law derives its power solely from the usage and customs
of immemorial antiquity or the judgments and decrees of courts. Also called “case law.”
Comparative negligence – Negligence of a plaintiff in a civil suit decreases his recovery by the percentage of failure compared to a
defendant’s negligence.
Competency – In the law of evidence, those characteristics render a witness legally fit and qualified to give testimony.
Complaint – 1. (criminal) Formal written charge that a person has committed a criminal offense.
2. (civil) Initial document entered by the plaintiff states the claims against the defendant.
Contempt of court – Any act meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed
in the court’s presence; indirect hate is when a lawful order is not carried out or refused.
Continuance – Adjournment of the proceedings in a case from one day to another.
Corroborating evidence – Evidence that is supplementary to that already given and tends to strengthen or confirm it.
Costs- An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney’s fees.
Counterclaim – Claim presented by a defendant in opposition to, or deduction from, the plaintiff’s claim.
Court- 1. Place where justice is administered.
2. Judges or judges are sitting on the court administering justice.
Court administrator – Manager of administrative and nonjudicial affairs of the court.
Court commissioner – A judicial officer at both trial and appellate court levels who performs many of the same duties as judges and
Court of appeals – Intermediate appellate court to which most requests are taken from a superior court.
Court, Superior – State trial court of general jurisdiction.
The court, Supreme – “Court of last resort.” The highest court in the state and final appellate court.
Courts of limited jurisdiction – Includes district, municipal, and police courts.
Crime – Conduct declared unlawful by a legislative body and for which there is a punishment of a jail or prison term, a fine, or both.
Criminal law – Body of law about crimes against the state or conduct detrimental to society. Violation of criminal statutes is punishable
by law.
Cross-examination – The questioning of a witness by the party opposed to the one who produced the witness.
Damages – Compensation recovered in the courts by a person who has suffered loss, detriment, or injury to his/her person, property, or
rights, through the unlawful act or negligence of another.
De novo- “Anew.” A trial de novo is an entirely new trial held in a higher or appellate court as if the original problem had never
Declamatory judgment – A judgment that declares the parties’ rights on a question of law.
Decree – Decision or order of the court. A final rule completes the suit; an interlocutory decree is a provisional or preliminary
decree which is not absolute.
Default – A failure of a party to respond promptly to a pleading; a failure to appear for trial.
Defendant – 1 (criminal) Person charged with a crime.
2. (civil) Person against whom a civil action is brought.
Defense attorney – The attorney who represents the defendant.
Deposition – Sworn testimony taken and recorded in an authorized place outside the courtroom, according to the court’s rules.
Direct examination – The questioning of a witness by the party who produced the witness.
Discovery – A pretrial proceeding where a party to an action may be informed about (or “discover”) the facts known by other parties or
Dismissal with prejudice – Dismissal of a case by a judge that bars the losing party from raising the issue again in another lawsuit.
Dismissal without prejudice – The losing party is
permitted to sue again with the exact cause of action.
Disposition – 1. Determination of a charge; termination of any legal action;
2. A sentence of a juvenile offender.
Dissent – The disagreement of one or more court judges with the majority’s decision.
Docket – Book containing entries of all proceedings in a court.
Due process – Constitutional guarantee that an accused person receives a fair and impartial trial.
En banc – “On the bench.” All judges of a court sit together to hear a case.
Enjoin – To require a person to perform, abstain, or desist from some act.
Evidence – Any proof legally presented at a trial through witnesses, records, documents, etc.
Exception – A formal objection of action of the court, during the preparation of a case, in refusing a request or overruling an
objection, implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.
Exhibit – Paper, document, or other object received by the court as evidence during a trial or hearing.
Expert evidence – Testimony was given by those qualified to speak with authority regarding scientific, technical, or professional
Fact-finding hearing- A proceeding where facts relevant to deciding a controversy are determined.
Fair Preponderance– Evidence sufficient to create in the minds of the triers of fact the belief that the party which bears the burden of
proof has established its case.
Felony – A crime of grave nature than a misdemeanor.
Fine – A sum of money imposed upon a convicted person as punishment for a criminal offense.
File – 1. The complete court record of a case.
2. “To file,” a paper is given to the court clerk for inclusion in the case record.
3. A folder in a law office (of a case, a client, business records,
Fraud – An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other
right or in some manner do him/her injury.
General jurisdiction – Refers to courts that have no limit on the types of criminal and civil cases they may hear.
Superior courts – are courts of general jurisdiction.
Grand Jury- A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected
Guardian – A person appointed by a court to manage the interests of a minor or incompetent person whose property is involved in
Hearing- An in-court proceeding before a judge, generally open to the public.
Hearsay – Evidence-based on what the witness has heard someone else say rather than what the witness has experienced or observed.
Hung Jury – A jury whose members cannot agree on a verdict.
Hypothetical question – A combination of facts and circumstances, assumed or proved, stated in such a form as to constitute a coherent
state of facts upon which an expert’s opinion can be asked by way of evidence in a trial.
Immunity – Freedom from duty or penalty.
Impeachment of a witness – An attack on the credibility of a witness by the testimony of other witnesses.
Inadmissible – That which cannot be admitted or received under the established rules of evidence.
Induction- Writ or order by a court prohibiting a specific action from being carried out by a person or group.
Informed consent – A person’s agreement to allow something to happen (such as surgery) based on full disclosure of facts needed to make
the decision intelligently.
Injure – 1. Hurt or harm
2. Violate the legal rights of another person.
Instruction – A judge gives directions regarding the applicable law in a given case.
Interrogatories – Written questions developed by one party’s attorney for the opposing party. Interrogatories must be answered under oath
within a specific period.
Intervention- Proceeding in a suit where a third person is allowed, with the court’s permission, to join the lawsuit as a party.
Judge – An elected or appointed public official with authority to hear and decide cases in a court of law.
Judgment- Final determination by a court of the rights and claims of the parties in an action.
Judge pro tem – Temporary judge.
Jurisdiction– Authority of a court to exercise judicial power.
Jurisprudence – The science of law.
Juror – Member of a jury.
Jury – A specific number of people (usually 6 or 12) selected as prescribed by law to render a decision (verdict) in a trial.
Law – The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and
established by local custom.
Law clerks – Persons trained in the law who assist the judges in researching legal opinions.
The lawsuit is a civil action; a court proceeding to enforce a right (rather than convict a criminal).
Lawyer – A person licensed to practice law; other words for “lawyer.” include attorney, counsel, solicitor, and barrister.
Lay – non-professional; for example, a lawyer would call a non-lawyer a layperson, and a doctor would contact a non-doctor as a layperson.
Lay advocate – a paralegal who specializes in representing persons in administrative hearings.
Leading question – One which suggests to a witness the answer desired. Prohibited on direct examination.
Limited jurisdiction – Refers to limited courts in the types of criminal and civil cases they may hear. District, municipal, and police
courts are courts of limited jurisdiction.
Litigant – One who is engaged in a lawsuit.
Litigation – Contest in court; a lawsuit.
Magistrate – Court official with limited authority.
Malpractice. Professional misconduct or unreasonable lack of skill. A claim of malpractice must prove two things. One, you must prove
that you could have won your case were it not for your lawyer’s negligence. And secondly, you must verify that your lawyer’s actions
were negligent.
Mandate – Command from a court directing the enforcement of a judgment, sentence, or decree.
Misdemeanor – Criminal offenses less than felonies; generally those punishable by fine or imprisonment of fewer than 90 days in a local
facility. A gross misdemeanor is a criminal offense for which an adult could be sent to jail for up to one year and pay a fine of
up to $5,000 or both.
Mistrial – Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury.
Mitigating circumstances – Those which do not constitute a justification or excuse for an offense but may be considered as reasons for
reducing the blame.
Motion – An oral or written request made by a party to an action before, during, or after a trial upon which a court issues a ruling or
Moot – Unsettled; undecided. A moot point is one not settled by judicial decisions.
Negligence – The absence of ordinary care.
Oath – Written or oral pledge by a person to keep a promise or speak the truth.
Objection – Statement by an attorney taking exception to testimony or the attempted admission of evidence and opposing its consideration
as evidence.
Of counsel – Phrase used to identify attorneys employed by a party to assist in the preparation and management of a case but who is not
the principal attorneys of record.
Offender – 1. A person who has committed a felony, as established by state law, and is eighteen years of age or older.
2. A person who is less than eighteen but whose felony case has been transferred by the juvenile court to a criminal court.
Offer – 1. To propose; to present for acceptance or rejection.
2. To attempt to admit something into evidence in a trial; to introduce evidence
3. An “offer” in contract law is a proposal to make a deal. It must be communicated successfully from the person making it to the
person to whom it is made, and it must be the person to whom it is made, and it must be definite and reasonably confident in its
Omnibus hearing – A pretrial hearing is usually scheduled at the same time the trial date is established. The purpose of the hearing is to
ensure each party receives (or “discovers”) vital information concerning the case held by the other. In addition, the judge may rule
on the scope of discovery or the admissibility of challenged evidence.
Opening statement – The initial statement made by attorneys for each side, outlining the facts each intends to establish during the
Opinion – statement of the decision by a judge or court regarding a case tried before it. Published views are printed because they
contain new legal interpretations. Unpublished opinions based on legal precedent are not printed.
Opinion, per Curiam – Is a phrase used to distinguish an idea of the whole court from a statement written by only one judge.
Overrule – 1. Court’s denial of any motion or point raised to the court.
2. To overturn or void a decision made in a prior case.
Parties – Persons, corporations, or associations who have commenced a lawsuit or are the defendants.
Peremptory challenge – Procedure parties in action may use to reject prospective jurors without giving a reason. Each side is allowed a
limited number of such challenges.
Petition – Written application to a court requesting a remedy available under law.
Petition for review – A document filed in the state Supreme Court asks for a review of a decision made by the Court of Appeals.
Perjury – Making intentionally false statements under oath. Perjury is a criminal offense.
Plaintiff – The party who begins an action; the party who complains or sues in action and is named as such in the court’s records. They
also called a petitioner.
Plea – A defendant’s official statement of “guilty” or “not guilty” to the charges made against him or her.
Pleadings – Formal, written allegations by the parties of their respective claims.
Polling the jury – A practice whereby the jurors are asked individually whether they agreed and still agree with the verdict.
Power of attorney – Document authorizing another to act as one’s agent or attorney (not an attorney at law).
Precedent – Previously decided the case, recognized as an authority for determining future issues.
The preponderance of evidence – The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.
The presiding judge – Chief or the administrative judge of a court.
Probate – The legal process of establishing the validity of a will and settling an estate.
Proceeding – Any hearing or court appearance related to the adjudication of a case.
Record – 1. To preserve in writing, print, or by film, tape, etc.
2. History or a case.
3. The word-for-word (verbatim) written or tape-recorded account of all trial proceedings.
Record on appeal – The portion of the history of a court of limited jurisdiction necessary to allow a superior court to review the case.
Reasonable doubt – An accused person is entitled to acquittal if, in the jury’s mind, his guilt has not been proved beyond a “reasonable
doubt.” That state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
Rebuttal – The introduction of contradicting or opposing evidence showing that what witnesses said occurred is not valid; the stage of a
the trial at which such evidence may be introduced.
Redirect examination – Follows cross-examination and is carried out by the party who first examined the witness.
Remand – To send back. A disposition by an appellate court that results in sending the case back to the original court from which it came
for further proceedings.
Reply – Pleading by the plaintiff in response to the defendant’s written answer.
Respondent – 1. Party against whom an appeal is brought in an appellate court. The prevailing party in the trial court case.
2. A juvenile offender.
Restitution – Act of giving the equivalent for any loss, damage, or injury.
Rests the point – When a party concludes his presentation or evidence.
Reversal – Setting aside, annulling, vacating, or changing the decision of a lower court or other body to the contrary.
Service – Delivery of a legal document to the opposite party.
Set aside – Annul or void, as in “setting aside” a judgment.
Settlement – 1. Conclusion of a legal matter.
2. Compromise agreement by opposing parties in a civil suit before judgment is made, eliminating the need for the
judge to resolve the controversy.
Settlement conference – A meeting between parties of a lawsuit, their counsel, and a judge to attempt a resolution of the dispute without
Statute – A law created by the Legislature.
Statute of limitations – Law, specifies when parties must take judicial action to enforce their rights.
Stay – Halting of a judicial proceeding by order of the court.
Stipulation – Agreement by the attorneys or parties on opposite sides of a case regarding any matter in the trial proceedings.
Subpoena – Document issued by the court’s authority to compel a witness to appear and give testimony or produce documentary evidence in a proceeding. Failure to appear or pay is punishable by contempt of court.
Suit – Any court proceeding in which an individual seeks a decision.
Summons – Document or writ directing the sheriff or other officer to notify a person that an action has been commenced against him in
court and that he must appear on a particular day and answer the complaint in such activity.
Testimony – Any statement made by a witness under oath in a legal proceeding.
Tort – An injury or wrong committed, with or without force, to the person or property of another, which gives rise to a claim for
Transcript – The official record or proceedings in a trial or hearing, which the clerk keeps.
Test – The presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the
Trier of points – The jury or, in a non-jury trial, the judge or an administrative body.
Venue – The specific county, city, or geographical area in which a court has jurisdiction.
Verdict – Formal decision made by a judge or jury (trier of facts).
Willful act – An intentional act carried out without justifiable cause.
Witness – A person who testifies under oath before a court regarding what he/she has seen, heard, or otherwise observed.
Write – A unique, written court order directing a person to perform or refrain from performing a specific act.


legal mixed 12/8/22 – Car & Truck Accidents / Personal Injury / Defective Seatbelts / Drug & Device Alerts / Legal Malpractice / Recreational Vehicle Laws – gtg








HAVE YOU OR A LOVED ONE SUFFERED A STROKE OR HEART ATTACK? Over 400 well-known over-the-counter and prescription drugs for Cold, Flu, Cough, Allergy and Sinus trouble, Diet Aids, and Energy/Metabolism Boosters have recently been pulled from the shelves. These products contained phenylpropanolamine, or PPA, which has recently been linked to stroke and heart attacks. PPA is used in cold and allergy medications to relieve nasal congestion and in diet, products to control appetite. Thousands of innocent consumers have suffered strokes and heart attacks, often resulting in death or disablement, from taking these popular medications. People taking products containing PPA are at an increased risk of hemorrhagic strokes or bleeding of the brain. It has recently been linked to causing up to 500 strokes each year, and the FDA has significant concerns because of the seriousness of a stroke and the inability to predict who is at risk. If you or someone you love has suffered a heart attack or stroke and may have been taking a medication containing PPA, please contact our office immediately for a free consultation or fill out our convenient online contact form.

According to Sulzer, an oily residue was left on the surface of the implanted shell due to a manufacturing mistake. This residue can cause inflammation and pain and can also prevent the patient’s bones from bonding usually with the implant, causing loosening of the shell. Some patients will require surgery to replace the defective implant with a new one. The number of patients who must have the replacement surgery is unknown, but the hip implant shell is implanted in approximately 17,500 patients annually. Sulzer estimates that most patients who implanted with the recalled hip replacements had surgeries in California, Texas, Florida, and Arizona.

Some of the symptoms caused by defective implants include:
Pain when rising
Pain when standing
Pain in the groin or inner thigh area
The inability to bear weight on your leg.

Call your doctor immediately if you are experiencing complications, discomfort, or pain due to a hip implant. If you or someone you care about has had a Sulzer Orthopedics hip replacement implant in the past and is experiencing pain and/or discomfort, call a physician and then call our Law Firm toll-free. We can help you recover additional surgery costs and compensation for your pain and suffering. Our Law Firm champions the Rights of Consumers and holds the Wrongdoers Accountable for their negligence. What we do is about making society safer and save lives. It’s not solely about the money, which significantly contributes to repairing the lives of our clients. We accomplish this by holding wrongdoers accountable for their negligence and assisting their victims in restoring their lives.

By holding wrongdoers accountable for the harm they cause, we create an economic incentive for people and companies to operate safely and prudently. Personal Injury Attorneys, who operate with this philosophy, are the great equalizers of our society. attack, see

Based on the firm’s excellent reputation in the legal community, many of our cases are referred by other lawyers. Our Law Firm takes pride in being the Personal Injury Department of many lawyers who practice other areas of law or do not have the resources or legal expertise to handle serious and catastrophic injury cases.

We limit the types and number of cases we accept to provide the best legal representation to our clients. Representation is limited to injury accidents and insurance bad faith claims, including auto, traffic, and aircraft accidents, nursing home negligence/abuse, dog bites, defective products, premise liability, failure to warn, and on-the-job injuries.



Legal or attorney malpractice can be described as a lawyer’s failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.

This does not mean that there has been malpractice every time there is a “bad” or “unfortunate” outcome in a case. It does not mean that he is liable for malpractice just because an attorney gave what turned out to be “bad” or “the wrong” advice. No professional is an insurer of a positive outcome for his client. What creates liability is the lawyer’s failure to act in the manner the ordinary or reasonable lawyer would handle that matter for his client.

Beyond establishing the lawyer’s negligence in rendering professional services, a plaintiff must also prove that the failure was the legal cause of some actual damage to the plaintiff. Injuries may not be based on sheer speculation or surmise, and the mere possibility or probability that damage will result from wrongful conduct does not render it actionable. It is not sufficient to allege that the underlying case should have settled for more or might have resulted in a higher verdict at trial. It is not sufficient to allege that “if” the plaintiff had been given the right advice, he might have spent less money in a transaction or received more.

For legal malpractice in litigation cases, the need to prove actual damages requires the plaintiff to prove what he would have recovered in the “underlying” action and that he was denied that recovery by the lawyer’s actions. The jury instruction read legal malpractice cases tells the jury that the law requires a plaintiff who establishes malpractice on the part of his or her attorney in prosecuting a lawsuit must also prove that careful management of it would have resulted in a favorable judgment and collection thereof. Because of this, the “new” attorney must litigate the “case within the case”: he must not only prove that the first attorney was negligent but also that there would have been a recovery in the lawsuit was hired to prosecute. If there was difficult or no liability in the underlying case, there is little chance of a recovery in a legal malpractice case. If the defendant had no insurance or assets from which a judgment could be satisfied, no actual damage could be recovered in the legal malpractice case.

If you would like further information or believe you are the victim of legal malpractice, contact us to evaluate your situation.



Our accident lawyers represent victims of Off-Road Vehicle (ORV) Accidents and All-Terrain Vehicle (ATV) accidents. Many accident victims are children and teenagers, and their injuries are often severe and even catastrophic. Restrictions affect the operation of the ORVs by children under the age of 16. Specific obligations also fall upon the parents or legal guardians of ORV riders under 16 and the owners of ORVs.
A. No person under the age of 16 may operate any 3-wheeled ATV
B. No child age ten may operate any 4-wheeled ATV, EXCEPT on private land while performing farm-related work operations.
C. Children 10 and 11 years old may use 4-wheel ATVs only when ALL of the following conditions exist:
Must be on land owned by the child’s parent or guardian;
Must be under visual supervision (see definition) of an adult;
Must possess a valid ORV safety certificate.

Children 12-15 years old may operate 4-wheeled ATVs only when BOTH of the following conditions exist:
Must be under the visual supervision of an adult;
Must possess a valid ORV safety certificate.

Children under 16 may operate other ORVs (trail bikes, for example) only when BOTH of the following conditions exist:
Must be under the visual supervision of an adult;
Must possess a valid ORV safety certificate.

No child under 12 may cross any street, highway, or county road while operating any ORV. Children at least 12 years old may cross streets and roads (only at right angles) Visual supervision is defined as having direct observation with the unaided eye and the ability to come to the immediate aid of another ORV operator. The parents and legal guardians of a child under 16 are legally responsible if they permit the child under their care to violate any of the above. The owner (or person in control) of an ORV is liable if a youngster operates his or her ORV. Victims of these accidents have legal rights and should contact an experienced accident and injury lawyer immediately after the accident.