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DWI

Discuss Your Case With An Attorney From Our Law Firm Following a DWI Accident Causing Injury or Death

What is a dram shop, you ask? In the United States, “dram shop” isn’t a term that people easily recognize. During colonial times, alcohol-serving establishments were referred to as “dram shops” because they used liquid measurement units called drams to serve alcohol. Accordingly, any drinking establishment where liquor is sold for consumption on the premises is known as a dram shop. Bars and, in some cases, restaurants are examples of dram shops. Dram shop laws dictate that the seller of liquor can be sued by an individual who an intoxicated person injures. These laws protect the injured third party against personal injuries and property damages resulting directly from the actions of the intoxicated individual (such as those resulting from drunken driving) but also against the loss of family support owing to such injuries. Generally, the person who became intoxicated cannot sue the seller if she or he is injured. The principle upon which the dram shop laws are based states that anyone who profits from alcoholic beverages should be held liable for any resulting damages. Provided that it can be proven that the seller sold liquor to a person who was already intoxicated, which is generally illegal, it is not necessary to show that the seller was negligent in proving his or her liability.

Dram Shop History
In the mid-1800s, dram shop laws were created during the Temperance Movement. The first of these laws was passed in 1872 and was amended in the decades that followed. By the 1990s, over forty states had either dram shop laws or court rulings that held a commercial server or seller of alcohol liable if an intoxicated patron caused an accident or injury upon leaving the seller’s establishment. More recent laws include limitations on the compensation amounts that may be awarded, the seller or server’s type and degree of responsibility, and a statute of limitations. During the late 1980s, a dramatic increase in liquor liability lawsuits arose due to the dram shop laws. Accompanying this rise was the increase in the number of damages that could be awarded to victims.

Consequently, liquor liability insurance became difficult to obtain and afford. To avoid costly dram shop lawsuits, alcohol vendors have implemented various strategies to prevent negligent behavior. These strategies include:

Eliminating “happy hours.”
Reducing late-night operation
Offering free Breathalyzer tests
Instituting designated driver programs
Training servers on how to deal with intoxicated customers

Many states have made these precautions mandatory. Additionally, many insurance companies now require that these preventive measures be implemented or provide incentive offerings for their use. Dram shop liability in many states has been expanded to include corporate or individual social hosts who provide free alcoholic beverages. As may have been expected, many lawsuits have resulted from this new source of liability. Owing to this, individuals wishing to host a social or business function in these states must take several of the same preventive measures that drinking establishments do. Specifically, they must obtain liquor liability insurance or hold their event at an insured bar or hotel.

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DWI

Drunk Driving Accidents

More than negligent drivers involved in common traffic accidents, stiffer penalties are often assessed to drunk drivers due to the severity of drunk driving accidents and the grossly negligent actions accompanying them. Much more physical damage and fatalities result from drunk driving accidents due to the driver’s inability to control his reflexes. Further, there are usually multiple parties at fault in the accident. Due to this, the guidance of a seasoned dram shop attorney who can bring independent lawsuits against all liable parties according to their degree of negligence is needed.

Drunk Driving Accident Defendants
In any drunk driving case, the obvious defendant is the driver. When on the road, all drivers have a legal duty to provide for the safety of all drivers, passengers, and pedestrians. If a drunk individual gets behind the wheel of a car, this duty has been violated, and he or she will be held accountable for any harm that may result. Texas law states that the level of intoxication is a blood alcohol concentration of .08 percent. Other third parties can be held responsible for the drunk driver’s actions. These parties include bars, restaurants, clubs, and other drinking establishments, which may be held liable under the dram shop laws found in the Texas Civil Practices and Remedies Code. These laws do not allow these establishments to serve a patron past the point of legal intoxication, and they can be held accountable for the patron’s negligent driving. Under these laws, a drunk driving accident is considered a chain of events that ends with the accident but begins when the driver starts consuming alcohol. The circumstances surrounding how the driver came to be intoxicated can have a bearing on the injured victim’s ability to file a civil claim against the drinking establishment. Dependent upon the bar’s percentage of liability in the accident, the victim may be eligible to seek compensation from the bar. This is crucial since many drunk drivers lack the resources to compensate the injured victims.

Should the Drinking Establishment be Held Accountable?
Due to a lack of knowledge based on the issues involved, many people disagree that drinking establishments should be held responsible for the actions of the patrons they serve. Further, individuals question how a drinking establishment can be held accountable for the patron’s actions after they leave the bar. Texas dram shop laws do not agree with this viewpoint.

Bars Must Provide for Everyone’s Safety
The dram shop laws of Texas expect the drinking establishments to act responsibly so that the roadways can remain safe for everyone. Holding the party that furnishes the drinks accountable reduces the number of drunk drivers on the road. With the state adopting a blood alcohol level of .08, the laws recognize that anyone who has reached this level can no longer make his or her own decisions and has already broken the law of public intoxication. Most individuals who oppose the dram shop laws are unaware that it is illegal for drinking establishments to serve anyone who has reached this level. When a bar over-serves a customer, it has violated the law. Consequently, if the patron leaves the bar and injures someone in an accident, the bar can be held partially liable for the accident because of its negligent over-serving of the patron. To comply with the laws of Texas concerning serving alcohol, businesses, and clubs must obtain a liquor license. Just as drivers are expected to obey the traffic laws of the state to keep their licenses, drinking establishments must obey the drinking laws. The consequences that result from over-serving patrons can be disastrous and harsh penalties have been established to reduce the number of violations. However, this has not stopped some drinking establishments from ignoring the laws and selling as much liquor as they want to patrons to gain as much profit as possible. Inebriated drinkers want to continue drinking, making it easy for the servers to take advantage of the situation. To make the roadways safer and encourage drinking establishments to avoid liquor law violations, they must be held accountable for over-serving.

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DWI

From a scientific point of view, an individual’s inhibitions and ability to make rational decisions are disrupted by alcohol. Therefore, decisions made by individuals while under the influence of alcohol would not have been made had the individual been sober. Further, intoxicated individuals lack the reasoning ability to determine if they can drive. As a result, the servers in drinking establishments must be held accountable for ensuring public safety. Drinking establishments have another responsibility to ensure that their servers can recognize when patrons have reached the legal limit for alcohol consumption. Bartenders must be properly trained concerning the effects and dangers of alcohol as well as how to identify drunks who should be cut off before they are allowed to serve alcohol in Texas.

Further, the drinking establishments are responsible for ensuring that all of their servers have received this training. This is done to prevent any bartender from claiming ignorance of the law to avoid liability for over-serving a customer before he or she became involved in a drunk driving accident. The drinking establishment’s responsibility for its customers’ actions can be likened to that of a dentist who sedates a patient before removing his or her wisdom teeth. Due to the wooziness experienced by the patient after the surgery, the dentist must not allow the patient to drive home afterward. It is easy to see that if the dentist let the patient drive home and was involved in an accident, the dentist should be held responsible. This same principle can be seen in a drinking establishment’s negligence contributing to the drunk driving accident.

Do Dram Shop Laws Hold the Drinking Establishment Completely Responsible?
Although untrue, many people believe that dram shop laws hold drinking establishments responsible for 100% of the damages that result from a drunk driving accident. Generally speaking, an experienced dram shop attorney will bring legal action against the driver and the drinking establishment and attempt to recover damages according to their proportionate negligence for the accident. For example, if a customer is over-served and then goes out and injures someone in a drunk driving accident, the drinking establishment becomes liable for a percentage of damages determined by the court. If the injured party sustains half a million dollars in damages and the bar is found to be twenty percent liable, then the bar owes $100,000. The drinking establishment is never held 100% responsible. The purpose of dram shop laws is not to allow drunk drivers to avoid responsibility for their actions but rather to make all negligent parties accountable for contributing to drunk driving accidents. States vary widely regarding the extent that drinking establishments may be held accountable for a drunken patron’s behavior. There are a few states that do not impose any dram shop laws at all. For example, Nevada’s tourist industry would likely become non-existent quite quickly if dram shop laws were enacted. A few other small states limit the liability of drinking establishments to illegal alcohol sales, such as serving drinks to minors or known alcoholics.

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DWI

What Constitutes Proximate Cause?
Most individuals who oppose the dram shop laws are aware of the impact of proximate cause on drunk driving accidents. In any drunk driving accident, the proximate cause is the individual who indirectly contributed to the cause of the accident. Although this possible defendant wasn’t involved directly in the accident, he or she did something to make the accident happen. To illustrate, if a driver swerves into oncoming traffic and another driver must swerve to avoid hitting him, which in turn causes this driver to ram into a storefront, the first driver is the proximate cause of the accident even though he was not actually in the accident. Dram shop laws require a bartender to be aware of the dangers of over-serving his customers and then letting them drive. If the customer injures or causes the death of another individual in a drunk driving accident, then the bar is the proximate cause of the injury or fatality.

Server and Bartender Responsibilities
Bartenders are responsible for regulating their patron’s drinking. As a result, the Texas Alcoholic Beverages Commission has set up rules and regulations to train bartenders and servers to recognize patrons on the verge of intoxication and to stop the sales when they have reached the point of public intoxication. The goal of these laws in dram shop cases is to do whatever possible to ensure the public’s safety. The law states that every establishment that serves alcohol must have a TABC liquor license and that all servers who are employed by a licensed bar be trained to know all the guidelines, rules, and expectations necessary to recognize the warning signs of drunkenness in patrons. Additionally, drinking establishments have put policies in place describing how servers must track the alcohol consumption of various customers. Tally sheets, hand signals, electronic tracking systems, and color-coded glasses or coasters are just a few methods used to monitor the quantity and potency of alcohol patrons consume. For the most part, these methods are usually adequate. However, there are those rare instances when other methods must be used to deal with intoxicated customers.

In most cases, a manager will intervene to cut off service. There are times in which the matter becomes more complicated when the patron sneaks in a flask to consume more liquor than the bar will allow. When this occurs, the manager should confiscate the flask and cut off service to the customer. Further, food should be provided to customers to assist with the absorption of alcohol. Finally, the manager should arrange a safe ride home for the patron. The only way the drinking establishment can avoid liability is to follow these steps.

Spotting Indicators of Intoxication
It is not difficult to recognize drunkenness, and servers are expected to be on the lookout for it. This TABC requirement states that all servers should watch for signs of “obvious intoxication” in their customers. Signs such as slurred speech, falling asleep in a chair or at the bar, swaying while walking, sitting or standing, inability to express thoughts, and aggressive or violent behavior are all signals that the customer has had enough to drink and should be cut off immediately. Recognizing signs of intoxication is more difficult with those who drink regularly and “hold their liquor” better than others. In these individuals, the signs of intoxication are not as easily seen. It is for this reason that servers must make a note of when they have served enough drinks to make the customer intoxicated. At this point, that service to the customer should be cut off. Generally, a patron should not be served more than two beers or glasses of wine or one shot or cocktail per hour. If this limit is exceeded, intoxication will very likely occur.

The Safe Harbor Defense
In cases where every precaution, according to TABC guidelines, was taken and the patron still becomes involved in a drunk driving accident, the drinking establishment can plead the safe harbor defense to avoid liability for the harm caused by accident. However, it should be noted that the defense must prove the bar met every state guideline to use the safe harbor defense. If they can do so, the drinking establishment is immunity from lawsuits.

On the other hand, drinking establishments try to use this defense even though they have not met all the safety guidelines for responsible serving. This being the case, it is very important to have experienced legal representation to receive your deserved compensation from the negligent drinking establishment. The dram shop attorneys with our Law Firm have years of experience with dram shop laws and know how to perform a thorough investigation and conduct depositions that will be used to prove that the drinking establishments failed to fulfill their duty to serve customers responsibly. Our firm can help you to prove your case and obtain fair and reasonable compensation from the negligent drinking establishment that served the patron who caused your injury.

Our Law Firm Can Help
The basic rules concerning drunk driving accidents in Texas are fairly straightforward. However, resolving cases involving dram shop laws can be very challenging. Drinking establishments that do not uphold their duty to serve their patrons responsibly should be held accountable for their liability in contributing to a drunk driving accident, injuries, or death. Unfortunately, this is not easy and should not be attempted without experienced legal representation. The dram shop attorneys with our Law Firm can provide the assistance needed in these cases. Give us a (toll-free) call today for a free consultation, and we will be happy to answer any questions you may have regarding your case and provide information on how we can help you recover from the injuries you have incurred.

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MEDICAL MALPRACTICE

Speak With Our Attorneys if a Loved one has Suffered Injury due to the Negligence or Neglect of a Nursing Professional.

When people consider medical malpractice, they typically think of lawsuits filed against doctors or surgeons. But the truth is that virtually any medical professional can be guilty of medical malpractice and end up as the cause for an insurance claim or become a defendant in a lawsuit. In modern medicine, nurses are given much greater responsibilities and are becoming much more involved in all aspects of patient care. While this is generally a good thing, it means that when nurses make mistakes, the consequences are much more severe. Due to these changes in the medical world, nurse malpractice lawsuits are becoming quite common compared to 20 years ago when they weren’t nearly as prevalent. Suppose you have been injured due to a nurse’s mistake. In that case, Our nurse malpractice lawyers can tell you what options are available and how you can seek compensation for your injuries.

Common Types of Nursing Malpractice Injuries
Any number of mistakes can result in nurse malpractice. Still, in general, as with all medical malpractice cases, nurses are guilty of malpractice if the care they provide fails to reach the standard set by other professionals in the nursing field. More specifically, this type of negligence commonly includes:

Failing to monitor a patient’s vital signs and report to doctors the changes in these signs.
Failing to collect test results promptly so that proper treatment can be given.
Failing to report any changes in a patient’s condition to the physician attending the patient.
Committing some mistake while administering medication or providing any other form of patient care.

Nursing malpractice can occur in various patient care environments:

In a hospital
A privately-managed care facility such as a nursing home
A retirement center
Even visiting nurses who care for patients in their homes have been found to have committed malpractice.

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MEDICAL MALPRACTICE

What are the Parameters of Medical Malpractice, and How do they apply to Nurses?

All medical professionals owe their patients a high “legal duty.” In medical malpractice terms, a legal duty is described as a “standard of care.” Medical professionals owe their patients a certain responsibility of care proportionate to their peers. More put, doctors, nurses, and all healthcare professionals must treat their patients as others in the same field would treat theirs. The healthcare industry falls into a category that calls for a very high standard of care (or “duty”) since medical professionals receive years of unique and highly-specialized training. They must undergo years of extensive education and rigorous certification to treat their patients safely. This education should also make them sensitive to their patient’s physical and emotional needs. This is why society, in general, expects medical professionals to not only be knowledgeable regarding their ability to properly and correctly diagnose; they must treat patients with sensitivity without causing these vulnerable people further injury or discomfort. All caregivers are held to higher standards than people in other professions due to their specialized occupations. This leads to lofty performance expectations in the eyes of the general public and the law.

Whether They Are Aware or Not, Medical Professionals Can Violate Their Legal Duty
Once a standard of care has been proven in a malpractice case, the next duty of the plaintiff is to clearly illustrate that the responsible medical professional(s) who violated that standard of care is specifically liable for your injuries. A simple example might find that a nurse breaches the standard of care if he or she erroneously gives a patient the wrong prescription or misreads vital data during surgery, causing the operating surgeon to make a mistake. Nurses can misread a patient’s chart and cause an attending physician to make a treatment mistake, which further harms the patient. Many of these same mistakes can occur in a managed care environment, causing mistakes in treatment that might lead to rapid wrongful death. In a home care environment, a nurse might not properly manage the paperwork on which the overall treatment of that home-bound patient is determined; again leading to a case of malpractice when this unfair treatment catches up with the patient. In any instance surrounding administering prescription drugs, any medical professional involved in this vital task must know to avoid taking negligent, incorrect steps in administering and recording the treatments given to the patient. Such a violation is reasonably considered to be outside of the norm for the standard of care. Sometimes, nurses may be the last to know when they make a mistake.

Did You Know? Our Law Firm has been fighting for medical malpractice victims` rights for over 20 years. Call to discuss your case.

Very few people like you have even the smallest amount of necessary legal insight to understand, or even know, why a nurse or some other medical professional chose to do what they did. This is why expert medical witnesses must be sought-out and retained by your nursing malpractice lawyer to determine whether or not a medical professional has violated the standard of care for their profession. These expert witnesses, usually doctors themselves, must have extensive experience in the same fields of medicine as the nursing defendants to be beneficial to your Texas medical malpractice claim. Specialized witnesses can properly and accurately determine whether or not a standard of care was violated, by whom, to what degree, and in what context if more than one healthcare provider might be a defendant, especially if some cover-up might apply to your malpractice lawsuit. We can help you locate these expert medical witnesses in Texas or across the U.S. who are lynchpins in proving your allegations of breach of the high medical standard of care: elemental to the success of your malpractice case. Since Texas has one of the highest concentrations of renowned medical professionals globally, chances are we won’t have to look very far.

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MEDICAL MALPRACTICE

Malpractice Lawsuits against Nurses can be Difficult without an Experienced Attorney.

Medical malpractice lawsuits can often be the most challenging forms of personal injury or wrongful death cases in Texas. One reason for this sad reality is that the medical profession is, by definition, highly technical and sophisticated and holds defendants to a higher standard of care (or duty). Another reason is that several liable parties responsible for the injury can cloud the issue of responsibility for your injuries. If malpractice is added to the original injuries that necessitated your treatment, laying appropriate blame is a very intricate task for your legal investigative team. It can sometimes be likened to looking for a needle in a haystack. These two reasons alone can help you understand why injured victims have no better than a little chance of winning a Texas medical malpractice claim without the legal help of an experienced nursing malpractice injury attorney. A skilled lawyer can locate the perfect medical experts to stringently review your treatment records and determine whether your malpractice lawsuit is justified. They are also very adept at detecting medical records that someone may have altered, which is an immediate tipoff that a case of nursing malpractice might be at the bottom of your injuries. If nothing else, altering medical records is a felony. Why would a medical professional risk going to jail for altering medical records unless some malpractice cover-up was involved? Our medical experts can also help determine the degree of responsibility on the part of everyone who is involved in your medical care.

Our experienced medical malpractice attorneys have the means and skill to thoroughly investigate your case and apply this substantial evidence to a compelling legal strategy for you. With over 20 years of experience in personal injury, malpractice, and wrongful death law, our Law Firm can help you identify all responsible defendants in your malpractice suit so that you can successfully ask for fair compensation from them for their negligent behavior that made your injury even more painful. Our Law Office can also work to ensure their careless actions will not be repeated and harm some other unsuspecting, trusting patient.

It is Far From Easy Proving Medical Malpractice in Texas: but it IS Done Every Day.

Negligent medical professionals believe they owe you nothing unless you legally compel them to pay you proper compensation through a personal injury or wrongful death lawsuit. To force those liable for your injuries to pay you this fair compensation, your legal advocate must build a compelling case; using strong and substantial evidence that forces all liable parties to accept responsibility by proving the parts they played within the following guidelines: A malpractice victim bears the burden of proof in a civil lawsuit to recover damages in Texas. You, the victim (and your legal counsel), must prove through a “preponderance of the evidence” that a medical defendant caused your injury. It is the plaintiff/victim’s responsibility to seek legal action against that liable party. You can’t simply wait around to be reimbursed for your injury by those who were negligent in your care out of the goodness of their heart. If you don’t have a solid case, defendants will relentlessly chip away at it. So there is a specific sequence of things you must prove to realize the success you wish for in a malpractice lawsuit or insurance claim.

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MEDICAL MALPRACTICE

A High Plaintiff “Burden of Proof” for so High a Medical Professional’s Legal Duty
As a plaintiff, your medical malpractice lawyer must effectively prove – in this case – that a nurse’s negligence was the cause of your additional injury or illness in a malpractice case. Even if some of those injuries are all too apparent, defense attorneys and insurance companies will demand specific and irrefutable proof that your injuries were sustained through the specific negligence of a medical professional. This is where the forensic skill of your investigators and medical experts comes into play as they provide the proof the defendants demand. You must prove this guilt of negligent treatment beyond a shadow of a doubt. So, fortified by your experts’ specialized knowledge, you and your experienced lawyer can clearly prove to a jury how an injury may have been sustained due to medical negligence by a nurse in a hospital, managed care center, or in your home, and can also work to convince those jury members that this series of events that led to your further injury or illness did indeed happen and that you should be fairly compensated for their wrongdoing. If your case is extreme, the chances of negotiating a reasonable settlement with the guilty defendants grow, which means that an expensive civil trial may be avoided.

Once Liability is Proven, the Malpractice Victim Must Ask for REASONABLE Damages
Damages is the legal term for financial losses sustained due to an injury or loss. Damages must have been incurred in some fashion by a plaintiff due to the injury experienced due to medical malpractice. They can be awarded for economic losses such as medical costs, lost wages, future earnings, and pain and suffering. Calculating damages is a crucial phase to Texas malpractice claims because the number of damages equals the amount of compensation you, as a plaintiff, are entitled to receive once you win your judgment. After all, what’s the value of winning a six-figure case and only being awarded five figures in damages because you didn’t correctly assess the value of the damages you have suffered?

There are two types of damages: economic and non-economic damages. Non-economic damages are subjective (like pain, suffering, or loss of affection for a loved one). Economic damages are clearer and involve medical bills, lost wages, and other items with a relatively consistent dollar value. You’ll certainly ask for some out of both categories. But calculating those damages to produce a total is best left to an experienced medical injury lawyer because if your total is excessive (or too little), it harms your case. Our Law Office’s experienced medical malpractice attorneys have over 20 years of experience calculating and then proving the proper amount of damages done to our clients. Hence, they can receive the best-negotiated settlement or civil trial award for their injury or loss. Our goal is to help you back onto the road to recovery through reasonable and appropriate compensation amounts.

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MEDICAL MALPRACTICE

Damage Caps and the Challenges you Face from Malpractice Insurance Companies

There is a limit to the number of damages awarded in any Texas malpractice lawsuit. Medical malpractice “damage caps” mean that if your injuries are disastrous or if they produce permanent injury (and untold years of expensive supplemental care), you might not receive truly reflective compensation for your malpractice-related pain and suffering, medical bills, lost wages, and other appropriate damages. You have the special insurance interests, along with THEIR lobbyists and recent tort reform legislation in Austin, to thank for that. Because of intense pressure from those special parties, the legislature passed several laws almost ten years ago. These tort-reform laws have tilted the medical malpractice playing field in their favor. Now, with very few exceptions, there are damage award caps in medical malpractice civil cases. “Non-economic damages” (again, pain, suffering, lost future income) are capped at $250,000. Economic damages (the actual cost of your medical bills due to the malpractice) must be an actual and to-the penny. Before tort reform, anyone could sue any doctor, hospital, CAT scan tech, or another licensed medical professional for as much as they wanted and often collect unreasonable damage amounts. When the medical professional was found guilty of negligence, juries would levy huge damage awards. Now we understand that over the years, many unscrupulous attorneys and their clients took advantage of what they saw as a license to print money. So yes, a certain amount of tort reform appeared necessary in many instances. The legislature failed to adequately address the problem when the insurance and medical lobbies began pressuring our lawmakers in Austin. So the result now gives us a series of malpractice laws that benefit Texas malpractice insurers: but at the expense of both the healthcare providers they serve and those with legitimate malpractice claims. Today, it’s much more difficult for malpractice victims to recover the true value of their injuries, pain, suffering, and lost wages in any lawsuit or insurance claim. That’s why it’s so important for your Texas medical and nursing malpractice lawyer to be adept at investigating all facets of alleged malpractice.

More than one injury claim (and lawsuit) can be sought if other caregivers are responsible for those injuries. Even with this tort reform, healthcare professionals are getting screwed by their insurers. Because tort reform has lowered the money, their insurance companies are paying out. But since 2003, when this tort reform became state law – on average – malpractice premiums have increased by more than one-third. How can insurance companies increase their rates if they pay out much less than they were ten years ago? We’ll let you figure that out, but the answer is obvious to anyone over eight years old.

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MEDICAL MALPRACTICE

The Challenges in Winning Nursing Malpractice Injury Lawsuits

Filing a lawsuit against a nurse or licensed healthcare professional is extremely complex, and a non-attorney has almost no chance of success. This is due to several hurdles that the plaintiff must overcome. The first comes from the simple fact that the medical field is complicated. Most patients (and most jury members) have very little knowledge of the modern medical world, and it can be almost impossible for a non-attorney to prove that he or she was the victim of negligence. It would be best if you had an attorney familiar with medical issues and with experience convincing juries of a medical professional’s negligence.
In many cases, this requires testimony from expert witnesses who helped investigate your case to argue that the defendant’s conduct does not meet the high standards of care expected of medical professionals in the defendant’s field. Our lawyers can ensure that you have the expert witnesses needed to build a strong case. We also speak the jury’s language, so we can explain even complex medical issues in a way that a jury can understand. In other words, we ensure that the jury knows what happened to you and why you need compensation. The second major hurdle you will have to face is the malpractice insurers themselves. Damage caps have encouraged many to offer substandard settlement offers because they are protected from high payouts. These insurance companies use adjusters and excellent attorneys to help build a sturdy defense wall to shield their medical clients. And they are very good at what they do, especially if you represent yourself or hire an inexperienced attorney who claims he can do the job for a smaller percentage of your damage award. Medical malpractice cases are held to a stringent standard of proof (another reason why expert witnesses are so vital). If you or your inexperienced attorney do not know how to present your case in such a way as to meet these standards of proof, you will walk away empty-handed. In the final analysis, an experienced malpractice attorney who can investigate your allegations, call on the right medical experts to assist in that investigation, and give testimony on your behalf presents the most solid case. Armed with that, your experienced medical malpractice lawyer can aggressively negotiate the most reasonable compensation settlement possible. The attorneys at our Law Firm have over 20 years of experience effectively negotiating reasonable settlements from insurance companies. Our reputation for tenacity on our client’s behalf, coupled with solid cases, often causes these insurance companies to offer the reasonable settlement our clients have been looking for all along.

Let the Nursing Malpractice Injury Lawyers at our Law Firm Help You Seek Justice
There are many malpractice attorneys in Texas. How can you decide which one is right to handle your case? Our respected Texas malpractice attorneys recommend interviewing at least two or three before choosing the lawyer you want to hire. Ask each one about his track record for settling and litigating malpractice insurance claims and cases. Find out what each attorney thinks the strengths and weaknesses of your case are. See if the lawyers can provide you with the names of former clients whose cases were similar to yours. Ask if you can contact them. Then, reach out to them and ask the same question you asked the prospective attorney. If you do all of these things to your satisfaction, you’ll be able to hire an attorney whose experience in handling cases such as yours gives you confidence and peace of mind that this is the lawyer you can trust with your case.

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

The legal professionals at our Law Firm are well known for investigating, prosecuting, and successfully resolving nursing malpractice cases. We understand the changes enacted by the recent tort reform and know how to build a strong case to hold nurses and other medical professionals responsible for their negligence. We have filed successful claims against almost every insurance carrier in the country, and their adjusters and defense lawyers know how successful our lawyers have been. They typically cooperate fully with our settlement demands, so they do not have to face us in court. If taking a case to trial is what it takes to get you the settlement you need, we are ready, willing, and able. We will do everything we can to help you get back on your feet. So if you have been the victim of nursing malpractice, contact our Texas nurse malpractice attorneys today for a free initial consultation. Put our years of experience to work for you. If you want to know your rights, how to proceed with your claim, and how much compensation you can secure from your malpractice injury case. Call our Law Office now for a free consultation and find out how we can help you. The legal professionals at our Law Firm will help you seek the justice you deserve and the settlement you need.

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FATAL WORKPLACE ACCIDENTS / WORKERS’ COMP

The Sole Proximate Cause Defense in a Non-Subscriber Work Fatality Case

Proving nonsubscriber employer negligence requires the strongest possible case through an intensive physical and forensic investigation of the accident scene, witness corroboration, and the testimony of expert witnesses. As soon as the accident occurred, the insurance company’s lawyers built their defense against you, trying to prove your loved one was liable for the fatal accident. However, in a nonsubscriber case, the decedent’s family is not required to prove gross negligence. Establishing standard negligence is sufficient to have a successful claim. The first liability defense afforded non-subscribers after a fatal workplace accident to one of their employees is to turn the tables of the sole proximate cause back on the deceased worker. They claim that the victim was the only one to blame for his or her injuries. To invoke the sole proximate cause defense, non-subscribing employers will try to defame your deceased loved one’s reputation by proving he or she was a careless or irresponsible employee and caused the fatal accident. They’ll often introduce other employees as witnesses to back them up. Sometimes they dive into your loved one’s private life to try and prove their “irresponsibility in life equals the same behavior on the job.” Since insurance companies are very astute and their attorneys very wise, when it comes to fighting your claim or civil case, your own cunning on-the-job wrongful death lawyer comes in handy when it’s time to turn the tables of liability back on the negligent employer. When you think about it, it is not only the burden of proof on the plaintiff but also the burden to “disprove” whatever the defense throws against the wall, hoping it will stick.

The Second Popular Defendant Tactic: Questioning the Employer-Employee Relationship
Once the sole proximate cause option has been exhausted by non-subscribers to avoid liability after a fatal workplace accident, many clever employers will change the argument and say that your loved one was technically not an employee but, rather, a contractor. They will then claim the issue of compensation does not apply because of this. Employers are not responsible for injuries that occur to their contractors. So, many of them hire their employees and say they’re contractors, going so far as to try and create a paper trail to back this up when that is not always so. The employer believes he can deny that an employer-employee relationship existed between your deceased family member and his or her company and deny your claim on that technicality. The simple logic is why they should be responsible for an injury to a person who was never an employee, to begin with. While many companies claim they hire their employees as contractors or as temp workers through a third-party, many times, the employer knows full well that an actual employer-employee relationship exists and the survivors of a fatally injured worker can still obtain compensation. So don’t be misled by this tactic: we certainly won’t. Even though the employer claims your family member was a contractor, he or she was likely still classified as an employee, which entitles you to recover compensation for your loved one’s fatal workplace injury. A skillful and well-seasoned fatal work accident attorney knows how to disprove this employer deception and verify the employer-employee relationship by meeting at least one of the following standards:

Social security or taxes have been withheld from your loved one’s paycheck by the employer.
The employer supplied the essential equipment for the job to your loved one.
Your loved one’s work was regularly managed, overseen, or inspected by the employer.
The employer sets a specific work schedule. Your loved one was not free to come and go as they pleased.
The employer required your loved one to sign a document that limited his or her rights while working for the employer.
The most common examples are taking a drug test or signing a document that states compliance with an employee handbook.
Your loved one was employed for an undetermined period, not just for a single job.
Your loved one was paid a salary or an hourly wage, not on a “by-the-job” basis.

In cases where a worker is borrowed from another company, or a third-party agency, the rules for determining the working relationship are related, but there can be some crucial differences. These conditions may include the following:

If the borrowing employer can hire or fire a borrowed worker at any time, the worker is an employee.
Most of the time, if the borrowing employer is allowed to pick a particular worker, the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.
If the worker must provide the tools and equipment necessary to do the job, that person is a contractor. If the employer offers them, the worker is likely an employee.
If a third party or agency can substitute the borrowed worker for another, the worker is a contractor. If the lending agency cannot, then the worker is an employee.
If the worker is borrowed indefinitely, then the worker is an employee. The worker is a contractor if the worker is borrowed for a specific project with a particular completion date.
If a worker is being borrowed or “leased” because of a unique or hard-to-find skill, then the worker is a contractor. But on the other hand, if an employer borrows a worker to fill a position that just about anyone can supply, then the worker is an employee.
If the borrowing employer agrees to pay the worker’s social security and withholding income tax, then the worker is an employee. The worker is a contractor if the borrowing employer does not accept this responsibility.

Our lawyers conduct a meticulous investigation to demonstrate the existence of one clearly, and usually, more of these standards to prove an employer-employee relationship existed for your loved one. We depose co-workers, review contracts and examine pay stubs to establish that your family member was an employee when the fatal work injury was suffered. Also, suppose your loved one was hired by an employment agency to work at an “employer’s” company and suffered a workplace-related accidental death. In that case, your attorney must determine if the employment agency has workers’ comp. If so, you would file a workers’ comp wrongful death claim against the employment agency, which would most likely make the company where your loved one performed the work a third-party contributor to the accident. Also, suppose your loved one’s employer loaned him or her to another company where the fatal accident occurred. In that case, the issue of a workers’ comp subscription with your loved one’s employer comes into play, and the company where your loved one was fatally injured will likely be treated as a third-party defendant in any civil claim or suit. This brings another important point to mind. As we have previously told you, workers’ comp claims are less than adequate when major injuries include wrongful death. So the traditional way for a deceased worker’s family to receive fair damage compensation is to file a workers’ comp claim and supplement it with the appropriate number of third-party claims or lawsuits, beginning with the company where your loved one was working time.

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FATAL WORKPLACE ACCIDENTS

Every Defendant Fights to Avoid Paying Damages in Wrongful Death Workplace Lawsuits

In all non-subscriber and third-party fatal workplace injury cases, many liable employers will have large insurance companies represented by many good attorneys to defend them aggressively. The rest will be “self-insured” or uninsured. Every defendant does everything they can to wiggle out of paying full wrongful death damages to surviving family members. Non-subscriber insurance companies are very good defenders of their clients against claimants like you who try to sue them. Insurance companies are belligerent in their resistance. From the opening round, they cry for relief from another nuisance lawsuit. They don’t always win, especially when you have an experienced lawyer who knows how to counter every one of the many obstacles they place in your path. As bad as the insurance companies can be in a fatal workplace injury claim or lawsuit, they are subject to certain regulations surrounding their legal defense. Such rules do not bind employers who are self-insured or have no insurance, or any rules for that matter, other than those surrounding criminal behavior. Some defendants don’t even respect those. So they will often blatantly display underhanded behavior when survivors of a fatally injured worker take legal action against them to recover damages. That behavior can be questionable, even downright illegal, if they think they can get away with it.

If the self-insured firm is small, you will likely deal directly with a company officer. This person’s salary is tied directly to company profits. Restitution paid for any injury comes directly from company funds (or a bond if they have one). So by compensating you, your deceased loved one’s employer is taking money out of his pocket. So it comes as no surprise when a sneaky, self-insured company officer uses any means to oppose your claim to protect his company and his assets. Many times we’ve seen self-insured companies deliberately destroy evidence as well as a bribe or intimidate witnesses. They’ll even occasionally resort to physical threats against witnesses or others they see as “friends of the plaintiff.” This is why every time we represent a client against a self-insured company, we file motions in court to prevent anyone within the company from behaving inappropriately against our clients. Sometimes these motions include clear demands that they do not attempt to communicate with our clients in any way without one of our attorneys present.

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FATAL WORKPLACE ACCIDENTS

The Dangerous Risks of Wrongful Death Self-Representation

Let us give you some facts as you deliberate whether or not to hire a lawyer to represent your grieving family. You are not an attorney and don’t have the depth of knowledge or experience to investigate a workplace accident thoroughly, negotiate a fair settlement with insurance companies, or successfully argue a complicated court case. And you certainly don’t have the time to do this by the “legal numbers” because there’s too much involved. The odds of success by lawyers with little or no experience in these matters aren’t much better than yours. Basic legal knowledge in such matters comprises little more than a third of what is fully needed to win fatal workplace injury cases against any employer or liable third party. Successful negotiation and, when necessary, litigation require a keen knowledge of civil procedure and the ability to develop the right strategy to battle the defendants, their insurance companies, and lawyers. Having your opponent’s respect is also a critical element. Do you think they’ll respect you or your neophyte lawyer? This is why highly regarded fatal workplace accident attorneys who have spent years taking on and defeating the insurance companies and their lawyers are the most powerful weapon in your fight for compensation. Doesn’t the memory of your loved one deserve this? You only have one chance at fair compensation for your loved one’s accidental death in the workplace. Make it your best shot.

We Help You Recover From the Shocking Loss of Your Beloved Family Member
The fatal work accident attorneys at our Law Office help you win the compensation you deserve. Our wrongful death lawyers have been litigating and resolving workplace wrongful death cases locally and all over Texas for over 20 years. We have successfully negotiated countless settlements and argued many cases against every major insurance provider in the nation. We have a history of success and won numerous fair settlements for our clients on behalf of their deceased loved ones. Insurance companies know our track record and don’t want to see us in court. As a result, they often offer our clients attractive settlements without the stress and uncertainty of a jury trial. The fatal workplace accident attorneys with our Law Office do whatever is necessary to help you obtain justice and fair restitution for the loved one that has been taken from you. To find out how we can help, call (toll-free) to schedule a free consultation that will be the first step to finding peace of mind in memory of your dearly departed family member.

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WRONGFUL DEATH / PERSONAL INJURY

Legal Areas of Practice for our Law Office

With over two decades of experience handling personal injury and wrongful death law, the tough and aggressive lawyers at our Law Office can help you when you have been wrongfully hurt or lost a loved one due to the carelessness or wrongdoing of another party. Over the years, we’ve enabled thousands of Texans to recover multiple millions of dollars for their injuries and the family members they have wrongfully lost. Our Law Office handles personal injury and wrongful death cases. Such cases can cover a wide array of different negligent actions. To let you know what we can do for you, we’ve provided some brief and basic information about many of our areas of expertise. By no means is this information all-encompassing, nor are these the only types of Texas personal injury and Texas wrongful death cases. To find out how we can help you with your issue or to get more information about your situation, call us any time for a free consultation (toll-free). We’re here to answer your questions at any time.

No matter how you were wrongfully injured, or your loved one was negligently killed, we can use our immense knowledge and experience to assist you in finding the compensation you deserve. We can help you with the following personal injury and wrongful death situations: Far too many Texans lose family members every year as a result of the negligent actions of others. When this happens, the victim’s loved ones can pursue restitution for their emotional suffering and financial losses with a wrongful death lawsuit. Due to the complex nature and the large amount of compensation usually at stake, defendants will often contest Texas wrongful death lawsuits. Thus, to get the compensation you are entitled to, you will likely need the help of a skilled and seasoned wrongful death lawyer. At our Law Office, our attorneys know how to protect the rights of grieving families, and we will do whatever we can legally to help them find the compensation they deserve. As we mentioned, wrongful death lawsuits can involve several different types of accidents, such as drunken driving accidents, fatal construction accidents, deadly 18-wheeler collisions, car wrecks, and fatal workplace mishaps a. Actionable negligence can occur intentionally or accidentally due to momentary carelessness or inattention.

In many cases, more than one party will have caused or contributed to the cause of the fatal accident. When a person merely suffers an injury due to someone else’s negligence, he or she still has the right to seek compensation from the responsible party with a personal injury lawsuit. To be actionable, the personal injury must have resulted from someone failing to provide a legal duty of care to another party. It must have caused measurable financial losses, such as medical expenses or lost income. Like wrongful deaths, Texas personal injury lawsuits can stem from several types of accidents, including construction accidents, medical malpractice, car wrecks, child abuse, nursing home abuse, 18-wheeler collisions, motorcycle wrecks, injuries from product defects, and many more. Any area in Texas sees plenty of traffic from 18-wheelers, so there will also be occasional accidents with semi-trucks. When injuries and deaths result from these accidents, the lawsuits to settle them are highly technical and challenging for non-attorneys to handle.

Since trucking accidents usually result in tremendous financial and physical harm, the insurance policies for commercial trucks have to be enormous. However, this doesn’t mean the victim will be adequately compensated. The opposite is often true, as the insurance company will expend more effort to protect a larger policy. This means that victims often need the help of a learned and experienced attorney to deal with an 18-wheeler accident. Thus, you should call our Law Office if you have been injured or someone you love has died in a Texas big rig wreck. We’ve dealt with many truck accident cases involving injuries and fatalities, so we know how to get you the compensation you deserve. Not only do we know how to prosecute these cases, but we have the all-important finely-honed investigative skills necessary to uncover the liable party in a complex semi-truck accident case.

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BURN INJURY

A Few Types of Burn Injury Cases and the Compensation Challenges They Pose

Burn injuries can occur in many different environments. They can happen at home, work, or road in a serious vehicle accident. They can suddenly strike someone down when they’re recreating or celebrating a holiday or while we’re guests on someone else’s property or in their home. Sometimes they happen for no reason, called force majeure (an act of God and a pretty neat defense if your opponents can pull it off). But most of the time, someone’s negligence is at the bottom of the immense pain and suffering, medical bills, and other legal damages that victims have a right to be compensated for. Here are some general issues and avenues of legal relief if one has suffered injury or wrongful death in a burn injury due to someone else’s negligence:

On-the-job burn injuries happen quite often. They can be electrical, fire, or chemically related. Texas Worker’s Compensation laws are the avenue that must be followed when seeking compensation for an on-the-job burn or wrongful death. And though we have an entire section that deals with this way of negligent damage compensation, what it boils down to is that often, without the benefit of an experienced burn injury lawyer, actual compensation might not approach the true value of the damages the victim (and his family) has incurred. An experienced local burn injury attorney can thoroughly investigate the accident and determine how many liable defendants had a hand in your burn injury, their level of insurance, and their actual net worth if some of your compensation comes from their own pockets. This is important because employers covered by workers’ comp pay out less in claims and are generally immune to civil lawsuits to make up the difference. But third parties are not covered by such restrictions.
In most cases, defendants will have insurance companies to handle the claim. Insurance companies are about protecting their assets as they protect their policyholders. This industry didn’t become as powerful as it is by universally paying out claims without an aggressive fight.

Vehicle accident burns are often accompanied by other serious injuries like broken bones, internal injuries, massive head trauma, and many permanent disabilities, as well as deaths. Suppose you’re the victim of burn injuries from a traditional vehicle accident (auto-on-auto). In that case, the vehicle liability insurance carriers will be the ones who will be responsible for compensating you. There are many levels (and types) of insurance coverage beginning with “minimum,” which wouldn’t cover the value of the average serious auto accident today. Usually, the more “minimum” the negligent driver’s coverage, the greater the gap between actual reimbursement and the damages you have suffered. And sometimes, your “good hands” insurance carrier might make it difficult to recover that difference should you carry uninsured/underinsured driver coverage. If your burn injuries were suffered when an 18-wheeler hit your vehicle, they, too, can be disastrous and debilitating. Big rig accidents kill more people than any other vehicle. Because of huge damage claims, these accidents get the insurers’ attention and their best people to oppose you.

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BURN INJURY

Recovering from a long list of injuries, including burns, is a lengthy and arduous road for many victims. And rehabilitation is costly; with many therapists (physical, occupational, etc.), rehab bills can sometimes eclipse those from your initial medical treatment and surgeries. Like on-the-job injuries, the same sort of intensive investigation gets to the bottom of liability. Often, identifying the proper employee ties that person to the trucking company through a notion of respondent superior, which means the employer is liable for the actions of its employees while they are working. Burn injuries while we’re just living our lives can also be traumatic. They can happen at a backyard barbecue, while we’re celebrating the holidays, or at many other times when such accidents are the furthest thing from our minds. Someone could negligently and incorrectly operate a gas grill, and it explodes. Or maybe the propane tank was substandard or manufactured or serviced incorrectly. There are a lot of fireworks injuries during the 4th of July holidays. Or some careless “bumper mechanic” didn’t put out that cigarette, a gasoline tank of gasoline, or some other flammable liquid that caught fire and burned someone. In some instances, homeowners insurance will be the avenue of fiscal recovery. Or maybe a defective product lawsuit against a company that manufactures or services such a device is appropriate. Sometimes, that careless bumper mechanic has the means to pay your damages, but he doesn’t want to, even if he might have a large personal liability policy or even if he doesn’t. The bottom line, no matter how you were negligently burned, Texas law allows you to identify all liable defendants and legally seek compensation because you have been harmed. Having the right to seek compensation doesn’t necessarily mean you’ll get your money because there will be someone who doesn’t want to pay you, even if it’s the defendant alone. So you have a choice. You can fight them alone and let them beat you at their own game, or find an experienced burn injury attorney.

Types of Damages Burn Injury Victims may File an Insurance Claim or Civil Case.

Burn injury victims must seek and retain an experienced attorney at their earliest opportunity to ensure their rights to secure fair compensation for their injuries suffered. And local is always better. This experienced legal counsel can secure the fairest payment for the claim or civil case that their client deserves. You already know that burn injuries typically produce exorbitant medical expenses. Just as often, other less-clear damages might be appropriate. The ability to prove these damages is a critical element that distinguishes your burn injury lawyer and assures that you, the plaintiff-victim receive the best possible fair compensation.

* Disfigurement – One thing that makes burn injury cases unique is that they often produce apparent – and often long-term – disfigurement. Most personal injury accident cases involve less-visible injuries to muscles, bones, or internal organs that are treated in ways that don’t often reveal the actual nature of the injury. Once the patient has healed, there are few visible scars, and the victim returns to a generally normal appearance. This is far from the case with burn injuries. The burn injury victim must receive proper compensation relative to their disfigurement. This is especially important when the burn victim is a small child or is in a business where looks are essential. Such mutilations can mentally and emotionally scar them for life. Some must, of necessity, find another form of work to support themselves and their family. If the victim’s livelihood is based on physical appearance, or ability that the burn injury prevents, this must also be taken into account. Not only the income immediately lost but also the future income that might never be realized.
* Mental Anguish – Most burn victims suffer long-term psychological trauma. This is even truer if these same victims also suffer from long-term disfigurement. They experience deep depression and anxiety. Left untreated, this woeful condition can become chronic and lead to other psychological problems. This underscores the need for costly psychological or psychiatric therapy – in addition to the already burdensome physical and occupational therapy – to help them deal with their catastrophic experience and return to them as positive a self-image as possible, especially if they have to deal with some lifelong disfigurement.
* Impairment – Virtually all major burn injuries produce pernicious damage to muscles, nerves, skin, and other body tissues in the victim’s arms and legs. This often makes it difficult for them to perform the most simple physical tasks we all take for granted. It is no surprise how this often negatively impacts the burn victim’s ability to earn a living. This is why an attorney must secure the fairest compensation the client deserves for a burn injury. The local burn attorneys at our Law Firm regularly consult with vocational rehabilitation experts to prove the long-term financial impact of burns injury impairments on the victim. We can also refer many of these experts to our clients as a part of their recovery. Damages are divided into several categories. They include all medical bills associated with the burn injury, including all surgeries and physical, occupational, and psychological/psychiatric rehabilitation.
* Pain and Suffering, including that of the deceased victim in a wrongful death claim or suit.
* Lost wages include income lost and future income if there is any form of an extended disability.
* Property damage, if any of the victim’s property was damaged or destroyed during the burn accident.
* Other disability damages.
The mechanics of recovering these damages are immense, specialized, and time-consuming. Those who represent themselves or rely on inexperienced counsel are destined to fight a losing battle. And that is a sad fact indeed.

The Many Difficulties in Securing Fair Compensation for Pain and Suffering without an Experienced Burn Injury Attorney
Sadly, Texas law has no special provisions that outline minimum compensation for your pain and suffering if you suffer a burn injury. In the eyes of the law, a burn injury is treated like any other injury when compensating the victim for their pain and suffering. In other words, the victim may only be entitled to “normal” compensation for pain and suffering, which can be many times greater than a “normal” injury. But that doesn’t mean that you aren’t entitled to these damages. It does mean that you need a highly-experienced legal advocate to represent your interests. This is precisely the area where the skill and experience of our Law Office can help. Our burn injury lawyers perform hundreds of tasks with the minute attention to detail that only the most knowledgeable legal advocate can perform. Many investigations must be conducted. As your case unfolds, an unbelievable amount of legal paperwork is generated. It must be perfect, down to the last “i” dotted and “t” crossed. We diligently research every possible issue that impacts your case. We tirelessly negotiate on your behalf because once your opponents come to their senses, they begin to realize that your strong case should be settled, so they don’t lose in court.

But most importantly, if your burn injury case must be litigated in court, we can make the right people understand the dreadful pain experienced by burn injury victims and the degree of their suffering. Our attorneys utilize various visual aid technology and descriptive explanations to clearly “show” the jury the anguish you experienced to get you the fairest judgment for your pain and suffering. There is a way to effectively codify your pain and suffering (and that of your family if this is a wrongful death case).

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BURN INJURY

Insurance Rarely Covers You Completely From an Expensive Burn Injury
You might think you have insurance covering your medical expenses. And maybe you do. But your insurance is the last line of defense. As we’ve previously said, most defendants have some form of insurance in most personal injury cases. Traditional policies, like your auto insurance if you are in an accident and suffer burns or a homeowner’s policy if you are burned in a home accident, might offer you some coverage. Most of the time, they fall short of full compensation for your medical bills. Almost all the time, your insurance company will do all it can to “inspire” you to exhaust all defendant insurance options before allowing you to hand them the bills. They’ll still squeal and try to evade their responsibility just because they can. If – for example – you suffer a burn injury in an auto accident that is the other driver’s fault who is uninsured, coverage gaps for medical expense reimbursement can range from inadequate to nonexistent. The same holds if you’re burned in someone else’s home. Will their homeowner’s insurance cover you properly? Do they even have homeowners insurance? And how hard will you have to work to satisfy the insurance provider that you have received every penny the defendant insurer owes you because you must do that before they even consider making up the difference?

Insurance adjusters love to take up a lot of your time and give you nothing: no answers or help. They might call you (or your family while you’re still in the hospital) several times, asking innocent-sounding questions about this burn accident. Their inquiries may seem harmless, especially if you convince them they’re working for you. But their “curiosity” is usually calculated to induce anyone on your end to say something that could be used against you to deny your claims. Count on whatever you say to them being recorded. They’ll find a way to twist your unassuming words to haunt you as evidence against your claim later when it’s time for them to deny you. It seems that the more serious the injury, the more adjusters try to come around “investigating” your case, which is what they’re doing for their bosses.

Many times an insurance company tries to quickly pressure you to settle your claim for less than it’s worth: often much less. We’ve heard of adjusters trying to settle a claim for peanuts the moment the victim comes out of the emergency room; and before the drugs wear off. Accepting an unfair settlement can be devastating for your legal rights. When you accept a settlement offer, you can’t sue the defendant for another dime once you discover you’ve been “played.” The settlement is all you will ever collect from the party who did this to you. So it’s important not to accept an offer unless it’s fair. How do you tell a good offer from a bad one? Insurance companies are very creative in finding ways to deny legitimate claims. And every time they win, they make more money (or, in your case, keep). One popular tactic is dragging their feet. Our clients have learned from us the best way to deal with anyone at an insurance company: ignore them altogether. When we get involved, insurance companies know they must deal with us. With us insulating you and your family from them, insurers can’t hang you with your own words or try to sneak into your hospital room at two in the morning.

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BURN INJURY

Fatal Burn Accidents and Wrongful Death Lawsuits
Sadly, we see many instances where a family member suffers fatal burn injuries from an accident. In addition to the high likelihood of staggering medical and funeral expenses, these families are often thrown into catastrophic financial need, especially if the family member is a husband or wife and responsible for generating income in today’s world, where both parents must work. Often insurance companies are involved – to varying degrees – in what “appears” to be a compensation settlement. But rare is the case where this settlement is fair to the family that must deal with not only the loss of a loved one but the disastrous financial fallout the survivors must deal with, not to mention the emotional scars. Our local burn attorneys know that insurance companies, when involved in these matters, have a view of “fair compensation” that often falls short of a fair amount. It makes no difference if the burn injury is suffered in an auto or truck accident, in someone’s home, or on the job. It’s the insurance company’s job to close this matter as fast as possible; and for as little as possible.

Additionally, third parties may often have direct or indirect involvement in the fatal burn injury accident. Fatal accident injuries are seldom simple. Burn fatal injury accidents can be even more complicated. And even rare is the case where the compensation offered by any single insurance carrier is simple or adequate. If more than one defendant is involved, “piggybacking” compensation is the most practical way of receiving fair compensation, mainly if workers’ comp is engaged. This is why our Law Offices’ deep experience in determining who is at fault, their actual liability, and a fair compensation amount is a most vital element in helping make Texas families again whole in the wake of a loved one’s loss of life due to a catastrophic burn injury at the hands of one, or many, negligent defendants.

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BURN INJURY

The Clear Advantages of Retaining an Experienced Burn Injury Attorney
The moment a serious burn injury occurs, someone’s insurance company will spring into action the moment they learn their policyholder might be in trouble. Their strategy and tactics are well-rehearsed because it’s a process that has been perfected through repetition. Their adjusters/investigators are on-the cases, usually while the victim is still in ICU. Shouldn’t someone be doing the same for you? Our experience is that most of the time, someone in the victim’s family ends up deciding on whether to hire an attorney and then doing so because the victim often cannot make that decision himself, at least initially. So if a victim or the family waits a day or two to hire us, we’re already behind. But we’re good at catching up. Because our experience tells us that all of the following are true, before you speak with an insurance company, accept even a single dollar of payment or compensation, sign anything, or attempt to file a lawsuit, you must contact an experienced attorney. It’s never a good idea to discuss any details of your intentions, or anything else surrounding your injury or case, with anyone other than your immediate family without a lawyer to protect your interests. The insurance company wants you to accept a “lowball” settlement to save your own money. Their lawyers are waiting in ambush to trip you up. Don’t be taken advantage of (again, it’s already happened to you once). Insurance companies have experienced attorneys on staff or permanent retainers. They’re just waiting to take on personal injury claimants like you: especially if you are underrepresented. They specialize in cases like yours and know every trick to tilt the case in their favor unless you take steps to stop them. The best way for a seriously burned victim to ensure full compensation is to quickly retain (or the “on the ball” family member if the victim is unable) the assistance of an experienced burn injury lawyer who knows how to prove defendant liability and win just and fair damages. You only get one bite at the compensation apple. And once it’s lost, you can never have it back. Under these circumstances, time is never on your side. We must take steps ASAP to preserve the evidence in your case and act quickly because the other side has already begun. No stone is left unturned to bring all the evidence that proves – beyond reproach – your legitimate damage claim. Our professional investigators: Conduct an in-depth investigation to determine the cause of the accident. This includes asset checks of all defendants to ensure they (and their insurance) can pay damages.

Our team will:
Gather evidence, including witness statements, photographs, forensic tests, and police reports, that we will need to prove your claims. Evidence can disappear every second you make that decision, sometimes very curiously. Witnesses’ memories fade. Or their stories “mysteriously” change. Or maybe they even disappear altogether. The accident scene changes either by the passing of just a few days or because your opponents change it themselves. Lies and missing evidence permanently cripple your legal right to fair compensation for a serious negligence-related burn injury from the moment it happens: but only if you allow it by doing nothing during the critical hours following your serious burn injuries.

Then, as you recover, we continue aggressively representing you by delivering the following effective services:
Ensure that our clients receive the medical care they require to recover from their injuries.
Respond to and send discovery requests.
Manage ALL the paperwork and phone calls related to your claims.
Use our stellar reputation to pressure the defendants into a fair negotiated settlement.
Act as mediators for our client’s cases.
File lawsuits and argue them aggressively to prove your damage case before a jury.
Fairly and accurately calculate all damages resulting from the car accident and demand fair compensation.

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BURN INJURY

Suppose you have a relative or friend who is a lawyer, even though he or she might be looking out for your best interests and pledges to fight for your legal rights. In that case, you might want to reconsider retaining anyone with difficulty emotionally disassociating from your serious burn injury claim or suit. Personal injury law is quite intense and, at times, very contentious. What happens if that friend or relative attorney doesn’t win the case or accepts a less-than-fair settlement because he knows how badly you need the money now and leaves even more on the table than an experienced attorney would certainly not? How will you feel about your friend or a relative then? An attorney best serves his clients when he is pragmatic, focuses solely on the facts of a case, and is calm under fire. Too much empathy is not always good if it clouds one’s thinking. The sooner you accept that fact, the better your chances of successful compensation.

The Experienced Burn Injury Attorneys with our Law Office is Here to Help
There are many burn accident attorneys for you to choose from. We suggest you interview at least two or three before choosing the lawyer to represent you. Try to find one who is local and experienced. Ask each member about his track record for settling and litigating severe burn civil cases. Find out what each one thinks the strengths and weaknesses of your case are. Ask about the attorney’s ability to negotiate fair settlements and ask them to give you at least two names of former clients whose cases were similar to yours. Then contact them and ask the same questions. Then you’ll be able to hire a local attorney whose experience in handling cases like yours instills confidence and peace of mind that this is the advocate/partner you can confidently trust. The burn injury lawyers at our Law Office have successfully represented victims like you for over 20 years. We’ve won favorable verdicts and settlements against nearly every major insurer in the country. They know who we are. Our reputation is the foundation for getting our clients the attention and compensation our clients’ claims deserve. Our goal is to make sure that you recover as much as possible from your injuries and make this oft-complicated legal process as easy as possible for you. Put our years of experience to work for you.

If you want to know your rights, how to proceed with your claim, and how much compensation you can secure from your auto injury case. Contact the burn injury attorneys with our Law Office (toll-free). We’ll get back to you quickly to arrange a free consultation wherever you need to see us. We’ll come to you. Find out how we can help you recover the total fair value of the damages you have suffered through the negligence of the rightful defendant(s). You’ve already been made a victim once. Make it stop now! Our deep experience in successfully representing clients with burn injuries makes our Law Office a well-known injury firm in Texas with a no-nonsense reputation for capably representing those who have suffered serious injury-related losses. We are just as well-known as sympathetic counselors to our clients who help enable their return to health as fast as possible.

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SWIMMING ACCIDENTS

IT TAKES LESS THAN 5 MINUTES AND UNDER 2 INCHES OF WATER FOR A CHILD TO DROWN

Swimming accidents claim the lives of over 1,000 children each year, and accidents in swimming pools account for over 1/3 of the fatalities. Thousands of adults will also die or suffer catastrophic injuries due to swimming mishaps. Owners of private “backyard” pools are responsible for providing a safe environment for children and adults alike and need to focus on accident prevention. Some essential safeguards listed below are based on common sense and should be implemented immediately by every pool owner:

* Do not accept the responsibility of pool ownership until you have completed a CPR training course.
* Make sure everyone in your household learns how to swim and knows pool safety.
* Never allow anyone, child or adult, swimmer or non-swimmer, to enter the pool unless a responsible person accompanies them.
* Never leave an accessible pool unattended. Remember, a child can drown in less than 5 minutes.
* Never leave swimming toys in the pool. They are too inviting for a young child.
* Insist that your adult guests supervise their children at all times.
* Never let intoxicated guests enter your pool.
* Remove the diving board from your private backyard pool. The risk of injury is too great.
* Surround your pool with a fence of no less than 5 feet in height, and make sure that the gate is equipped with a self-closing lock positioned beyond the reach of children.
* Cover your pool when it isn’t in use.
* Keep essential life-saving gear accessible, visible, and in proper working condition.
* Never assume that “floaties” and other floatation devices will protect you from drowning.
* Install an alarm system on the gate or pool to warn you that the pool area has been entered. You can also purchase wrist alarms for your children that will set off a signal if your child enters the pool.
* Develop a list of pool rules and insist everyone knows them and follows them.
* Ensure your homeowner’s insurance policy includes coverage that protects you against liability lawsuits resulting from swimming pool injuries. Don’t rely on posting signs such as “swim at your own risk,” “too shallow to dive,” etc., on protecting yourself against a lawsuit.

Your swimming pool may be considered an “attractive nuisance,” which means that people, especially children, will find it too tempting to resist. You must realize that anyone injured in your pool, even if they are trespassing, may have the legal right to file a claim against you for any damages resulting from injuries received while in your pool. Therefore, it is crucial that your homeowners’ insurance policy explicitly acknowledges the existence of a pool and protects you against any liability – regardless of the circumstances. Public pools such as community and hotel/motel pools, are also subject to the same guidelines. Suppose you have been injured in a swimming pool accident. In that case, you may file a “premises liability” claim against the responsible party of any pool if you can prove the following: They were negligent. Their negligence caused an injury. You were damaged as a result of the injury. If you want to know where to get swimming lessons in your area, surf the internet for “swimming safety.” Hundreds of sites provide informative and valuable information on this topic.

IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF AN EXPERIENCED PERSONAL INJURY LAWYER. CALL OUR LAW OFFICE TODAY FOR YOUR FREE CONSULTATION.

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BICYCLE ACCIDENTS

Over the past ten years, bicycling has become extremely popular in the United States. It is a convenient and inexpensive method of travel, especially in large cities where traffic is congested, and parking spaces are difficult to find. High-tech materials and fabrication have now made bicycle riding virtually effortless, and many families enjoy exploring the countryside on bicycles. Many cities now recognize the increase in bike traffic and have constructed special bike lanes. Parks have now made trails accessible to bicycles. Even some vehicle manufacturers are now offering bike racks as standard equipment. Sadly, however, many automobile drivers do not respect the bicyclists’ rights to share the roads. More importantly, young bike riders haven’t been educated on how to legally and safely share the roads with automobiles.

Uneducated drivers and bicyclists have resulted in some staggering statistics. Did you know that:

* A bicyclist is fatally injured every 6 hours.
* Nearly one million children are injured each year in bicycle-related accidents.
* 49% of all bicycle fatalities occur in children under 16.
* Head injuries account for 75% of all severe injuries and deaths.
* While collisions with automobiles account for only 1/3 of the accidents, they account for most catastrophic injuries.

Motor vehicle operators must be attentive to bicycle riders. They must equate a bicycle with a motor vehicle and observe the same laws. For example: if you are sharing the right lane with a bicyclist and planning to turn right at an intersection, you must yield to the bicyclist. You may not drive in a designated bike lane unless you immediately intend to turn off the road. There are many “new” traffic laws concerning bicycles, and ignorance of the rules will not protect you against negligence if you injure a bicyclist. Bicycle riders are also subject to the same traffic laws as motorists. If you are riding a bicycle, you must obey traffic laws. You can make your bicycle journey more enjoyable and reduce the risk of accidents and injuries by following these “common sense” rules:

* Many states require that all young riders wear an approved helmet. Even if your state does not have a bicycle helmet law, young riders should consider a helmet as part of their gear and wear one whenever they ride.
* Parents must teach their children about traffic laws and road safety. A “young drivers” handbook is an ideal resource for information. Children should know the appropriate hand signals for making turns, etc. (Parents: remember to teach only hand signals – not hand gestures!)
*It is never advisable to ride a bicycle after dark, but if you must, make sure your bicycle is equipped with headlights, taillights, and reflective tape, and always wear clothing that can be easily seen.
* Make sure that clothing, backpacks, accessories, etc., cannot get tangled in the spokes or chain.
* Always ride with the flow of traffic (on the right side of the road) and not against the traffic. Motorists are trained to react to other “drivers” following the same rules and may not respond quickly enough to avoid an accident if your presence isn’t anticipated.
* Always perform a pre-ride safety check before getting on your bicycle. Check the brakes and the alignment of the frame, and if you have “quick release” wheels, ensure your lock is in place.

IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF AN EXPERIENCED PERSONAL INJURY LAWYER. CALL OUR LAW OFFICE TODAY FOR YOUR FREE CONSULTATION.

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DOG BITES

Dog Bite Attorneys

We all need reasonable dog bite attorneys the moment those canines sink their canines into something else’s flesh, especially if that dog or that flesh happens to be yours. Dog bites are up 33% yearly, but there are only 2% more dogs each year – so obviously, dogs are getting more aggressive. This is bad news for owners and victims who need dog bite attorneys to help them out of their predicament.
Although an estimated five million Americans are bitten by dogs yearly, less than 1% of victims receive a payout from the dog owner’s insurance cover. So if you or someone in your family is bitten, you’ll need reasonable dog bite attorneys to bring an effective case against the dog owner.

Dog bite attorneys protect your dog.
If your dog bites someone, your legal position changes straight away. You need reasonable dog bite attorneys to protect your dog, which has now become a dangerous dog and is one step away from legal action in the future if it ever misbehaves again.

On your own, you will not know the right things to say to achieve a beneficial settlement. You will feel personally on trial and will resent the process. Insurance adjusters will offer an unrepresented person around 80% less than a person with reasonable dog bite attorneys represented.
Experienced dog bite attorneys will know all the best strategies and tactics; how to overcome all of the common defenses; how to plead defenses, and gain you the best result as a client. They will know how to handle and settle a case without having to resort to suing. Reasonable dog bite attorneys understand how to deal with insurance companies so that the claim gets settled without becoming a court case.

Dog bite attorneys can get you 5X more in a settlement.
So seek out reasonable dog bite attorneys who will take your case on a contingency basis with no up-front costs. And don’t forget that reasonable dog bite attorneys earn you up to five times more in settlement than you could get on your own.

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SLIP & FALL

Slip & Fall Attorneys

We hope it doesn’t, but it could happen to you anytime. For people to take a tumble and need an excellent slip-and-fall attorney, it doesn’t have to be a particular time of year or weather. It could be you. Tomorrow. Come rain or shine. You might need reasonable slip-and-fall attorneys.

How could it happen?
It doesn’t have to be ice and snow that brings you down. Slip and fall attorneys deal with all the following scenarios: You could get jostled in a crowd as you walk down the block. A piece of sidewalk sticking up unevenly could trip you. A sudden jolt or braking while riding the bus or train could send you crashing to the floor. Loose cables or wires on the floor at the store can easily send you sprawling. Poorly built steps and stairs could catch you out as you go up or down. Whatever the circumstances, you’ll need to get hold of slip-and-fall attorneys quickly.

Slip and fall attorneys – what you need to do.
If you’re injured, you need to get medical treatment right away. But imagine that you get to the hospital and you’re not covered for this emergency, and they won’t treat you? You need to contact reasonable slip-and-fall attorneys to help you fight your case.
Why? Well, it’s not just that you have an injury requiring immediate medical treatment. That’s important, and so is any income you might lose due to not being able to work usually. Or those tickets to the game or a pre-booked holiday that now you can’t go to because you need treatment and aftercare. Then add on any extra stress and distress caused, and you can see that you need to call in professional help in the shape of slip and fall attorneys.

These types of injuries are prevalent, and slip-and-fall attorneys always deal with them. The medical bills for treating them can soon add up, though. You don’t want to handle this yourself or settle early because undetected injuries might appear later. You need the assistance of trained and qualified slip-and-fall attorneys who deal with these situations daily.

What to look for in your slip and fall attorneys.
Experienced slip-and-fall attorneys will already have successfully fought and won cases that are similar to yours, and they should be handling a regular number of these continually. If you take a minute to ask any slip-and-fall attorneys about their track record in this area, they should have no trouble answering your questions and reassuring you. But if they don’t or sound hesitant, you might want to look for slip-and-fall attorneys that better meet your needs.

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PERSONAL INJURY

Why A Personal Injury Attorney Is A Requirement

Accidents, injuries, car accidents, slip and fall accidents, dog bites, and a host of other personal injury issues come into play at some time or another in the life of just about everyone. This is because today’s world is mobile and constantly on the move. This means that many are faced with injuries that can and do happen in all aspects of life.

Accidents and damages must be handled appropriately, from workplace injuries in car accidents to being hurt while walking in your neighborhood. This is why a well-trained and highly qualified personal injury attorney is required for anyone injured and needs to resolve their medical, emotional, and physical issues. The after-effects of a personal injury are far-reaching and, for many, impact all areas of life. This means that a personal injury attorney can help victims seek a solution to their needs as they are most likely faced with mounting medical bills, undue emotional stress and strain, and even lost wages from missed work. The adverse effects of an injury are vast and are based on the damage and the scenario itself. This is why the most prudent solution is to retain the services of a personal injury attorney as soon as possible following any accident or injury. The issue becomes even more crucial when the injury is life-altering, involves losing limbs or even results in death.

A well-trained personal injury attorney will be able to work with you one-on-one to get all the facts as they pertain to your case. The personal injury attorney will then discuss options with you so that you can best determine the right course of action based on your situation’s parameters and mitigating factors. This high level of detail and personal attention is only found when the right personal injury attorney is used for the case. The result is worked on by your attorney so that you can be comfortable with the process, get the medical bills you have accrued paid for by the party at fault, recoup lost wages and salary, and find the closure you need to get past the injury and on with the rest of your life in the most beneficial manner.

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PERSONAL INJURY

Personal Injury Lawyer Guide

Many individuals ask their animal attack attorney why their insurance provider should pay for their hospital bills and not the insurance company of the individual who was the reason behind the incident. This has often been a cause of misconception and misunderstanding between people, which is why it is worth discussing in this section.

Subjugation is the central concept. Not many people know about this. Still, it’s a principle that indicates that the person responsible doesn’t need to cover the finances and expenses of the injured person with his insurance company unless a final discharge of your claims can be signed. This is also a point because individuals have difficulty persuading their insurance company that they have been injured. It should spare the problem of having the person accountable for the incident handle the task instead. We’ve heard over time about how people tell lawyers what the insurance agent promises to cover such expenses. However, they won’t pay you if you call them to send the bills. This can be partly because, within the law, they’re not required to unless you are ready to approve a full and last discharge of your claims. This is how matters go, and you will have to find out how to deal with it.

So what becomes of your hospital bills? The physicians will not wait until you pay them; this is where automobile or health insurance coverage can be most helpful. Once again, you can sit with your lawyer inside his office and discuss your situation. You can talk about how the entire process works and some details on why the law and its functions work in such a way. There could be a lot of specific shifts when submitting your case or aiming for just compensation, but a seasoned lawyer will take you through the processes.

It’s a required method, and you should contact a personal injury lawyer on the concept of subjugation, what it is all about, and how you can utilize such a principle to your advantage. You do not want to waste time because you need to recover from your injuries and return to the outside world when possible.

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WRONGFUL DEATH

How Much Time Do You Have To File a Wrongful Death Case?

Medical Malpractice cases happen when someone dies because of the negligence of the medical expert. Several of these cases could be fatal, including exceeding the dosage limit or a particular medication or making the wrong diagnosis. Included in this category are certain acts of negligence, like a company’s bad warning about possible perils associated with an item, or perhaps deliberate, including murder. Loved ones may file a significant case for certain damages to keep up with the emotional and financial damages they are experiencing because of the death of a relative. A car accident attorney should know everything to know how long these cases take.
If you feel a person has wrongfully triggered a family member’s death, you will need to get aid immediately and use a limited time to file a lawsuit.

Medical negligence Statutes regarding Limitations
Each state has its statutes and limitations and brings in various lawsuits. Sufficient time should also be spent for one to file any medical negligence lawsuit; this usually takes one and three years. In many states, it takes two years, right after death occurs.
Unless you file a lawsuit in the allowed period, you won’t be capable of getting over your problems. But the time doesn’t always commence right after death. Sometimes time could be reset right from the beginning for the reasons of finding new details like:

Death can be declared from natural causes, but proof for medical malpractice cases can take years to process.
Someone deliberately undetectable and essential information regarding the cause of fatality can also be sorted out.
Uses of merchandise that have been later seen to be defective can also be important.

In these cases, the hands of time may turn at the opportunity when discoveries are found, although not everyone would agree with it. Several states exclude hazardous or malfunctioning products originating from the resetting of the clock. The limitations may also rely on which team you label as the offender.

Any time Death Takes place After Damage.
Whenever a particular person survives a car accident only to find problems linked to the accident in which the injury has occurred several years later, you could be hopeless about filing any medical negligence case. Because that one person initially survived, the occurrence falls beneath personal injury regulations of constraint. At that moment, it usually takes anyone six long months, according to the state where it has been approved. Contact an experienced auto accident attorney for better assistance until your case is done.

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DROWNING / BOAT ACCIDENTS

Dealing with Natural Water Drownings and Boat Accidents in Central Texas

Thousands of Texans enjoy relaxing on one of several nearby lakes, rivers, and streams. Boating, jet skiing, or fishing on lakes are popular and fun! Canoeing or kayaking is equally enjoyable. There are plenty of small private lakes and stock tanks to take a cool dip on a hot Texas afternoon. And don’t forget our Gulf shores are only a few hours’ drive away. But it’s also sad that accidents on the water in Texas occur quite frequently. Drownings, boating accidents, and other types of outdoor-water mishaps can cause severe injuries to the victims: even deaths. When such tragic events occur, several liable parties may hold some or all of the blame for such an accident. An injured victim of a lake mishap who was fortunate to escape with their life, or the bereaved family survivors of a person killed in a lake drowning, usually want to know if the accident was avoidable. Many also must know what caused such an accident and if negligent people were at fault. The drowning accident attorneys with our Law Office can help you find those answers and, if justified, help you win compensation damages for your loss in the event of a drowning accident on any Texas lake, pond, river, or beach.

Legal Issues That Can Arise in Natural Water Drownings in Texas
When drowning in natural water occurs, there can be several causes or other contributing factors to these fatal, often avoidable, tragic accidents. Someone may have been acting recklessly in some way, i.e., “playfully” holding a person underwater, and a drowning occurred. Or a boat “captain” may have been speeding through the water, striking a swimmer: debilitating them in some way, and causing them to drown. A crucial safety feature on a floatation device may not have worked as it was supposed to, in which case the surviving family might have a defective product case against the manufacturer or the company that sold the floatation device. Or a lifeguard may have been required to be present in a public area where a natural water drowning occurred. In this case, the lifeguard may be held liable for the accident. Also, the lifeguard’s employer may be held liable through “respondent superior.” This legal term essentially means that an employer is, by definition, responsible for all the actions of his employees when they are working for him. Liability can lie with a variety of defendants. It depends on the drowning accident’s specifics and who is to blame.

Suppose a child drowns while in the care of an adult; negligent supervision may be claimed. Sadly, tragic child drowning lake accidents are often a common event because of negligent supervision by a person whom the child’s parents have trusted with safely watching over their child. Some entrusted adults may incorrectly assume a child is a strong swimmer. Other adults may misguidedly allow a child in their care to wade into deep or dangerous fast-moving waters that suddenly sweep them downstream. Then, if the child becomes distressed and drowns, the person responsible for their care can be held liable for the fatal lake drowning accident through a wrongful death lawsuit. They might even be held criminally liable depending on the circumstances of the tragedy.

When one of our lake accident lawyers is quickly contacted in the wake of a lake drowning in Texas, our team immediately begins a thorough professional investigation of the accident to determine who the liable party or parties may have been. All liable defendants must be properly identified so the aggrieved family can receive full and fair compensation for their injury or loss. And since each defendant will be responsible for a percentage (or all) of the compensation to a plaintiff (in this case, the surviving family) based on their liability for the drowning accident, an additional investigation of the financial resources of each of these defendants is also undertaken by our Law Office investigators. This is to assure that each defendant can pay their portion of the damages once they are awarded to the surviving family plaintiffs. In such instances, an experienced investigative team has proven, time and again, to be a most crucial element in constructing as strong a case as possible on behalf of a surviving plaintiff.

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DROWNING / BOAT ACCIDENTS

Legal Issues That Govern Boating Accidents on Texas Lakes, Rivers, and Shores

Boating accidents in Texas are a common source of natural water drownings: especially on weekends when lakes, rivers, and the Gulf Coast shoreline are crowded with this small craft. These boaters often operate their craft recklessly, irresponsibly, or inattentive to their surroundings. A speeding boat can do as much physical damage to a swimmer as a motor vehicle can do to a pedestrian. The US Coast Guard tells us that on a pro-rata basis, many boaters are cited for operating their craft under the influence of alcohol as drivers on Texas streets and highways. On many weekends, some lakes can be as crowded with small craft as a big-city freeway during rush hour. Horseplay while behind the wheel of a boat can result in severe personal injury or death, both to the people on the boat and those in the close vicinity of the recklessly driven watercraft. It pities the poor skiers being pulled by a boat whose driver engages in horseplay, not paying attention to where he’s going or the skiers he is pulling. The same holds of a very swift, thousand-pound Jet Ski rushing atop the waves at 20 miles an hour. They can kill or seriously injure a swimmer just as fast as traditional watercraft at the hands of a careless or intoxicated operator. If a boat or some other watercraft is leased to a person who doesn’t know how to operate such a vessel properly, and that person then causes a lake accident resulting in injury or death, both the boat’s operator AND the boat’s owner may be held liable for the resultant injury or death: regardless of the legal release that boat owner may have required the borrowing operator to sign.

Operating a boat drunk or high on drugs can lead to devastating accidents. Many people enjoy resting and relaxing on our open-water Texas lakes by enjoying an occasional alcoholic beverage. And there’s nothing wrong with that, But it only takes one drunk person to wreak havoc on a small boat: the ripple effect from such irresponsible behavior can extend far past just the small craft itself.The results could end up being just as tragic. While the intoxicated boat operator can be held civilly liable for an accident, they cause that harms or kills an innocent lake visitor, Texas dram shop laws that hold the person or entity who got a driver drunk, who then was involved in a DUI auto accident, may also apply in certain circumstances to a lake drowning a drunk boat operator causes that. For example, if the careless defendant became intoxicated at a restaurant on a pier and then caused a drunk boating accident on a Texas lake or river, the restaurant could be held liable for its contribution to the accident. However, proving such a connection can sometimes be challenging, especially without knowledgeable legal help. With over two decades of experience in dram shop law personal injury cases, our boating accident attorneys can assist you in determining if such an unfortunate and tragic chain of events may have contributed to a boating accident at the hands of a drunk operator.

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DROWNING / BOAT ACCIDENTS

Winning Your Drowning Lawsuit is Never Easy

Regardless of how personal injury law is applied, in Texas, we all owe a general legal duty to others not to act in a way that can be dangerous to our fellow citizens. Sometimes, when we “recreate” on the weekends, we are tempted to allow that legal duty to take a “back seat” to our natural desire to relax and forget about the world’s cares. Sometimes, people can go nuts when they do that and overlook the people their actions can sometimes tragically affect. Does that relieve the thoughtless or careless of their legal duty to the rest of us? Of course, it doesn’t. Suppose some careless or inattentive someone has negligently caused a fatal accident on one of our area’s rivers or lakes. In that case, they deserve to be held accountable for their actions and pay the surviving family members in a drowning accident. Just because they owe doesn’t mean they automatically pay. The aggrieved surviving family members, acting as the plaintiff, must seek damage relief for their deceased loved one’s medical bills, their pain, and suffering (both the victims and their own now that the family member-victim is gone) as well as the value of this loved one’s lost wages. Disability had this loved one survive the accident but could not return to work due to the defendant’s actions. This negligent defendant (or defendants) will likely have some form of insurance. Insurance companies are collecting premiums and not paying out damage claims whenever they can. So you might face formidable opposition from insurance adjusters and some outstanding attorneys who defend their insurance company clients aggressively and use every trick in the book to get them and, by definition, the defendant off the hook. Yet, since the drowning accident occurred in a recreational setting, many of the charges you might make against the defendant to prove negligence might also be made against your deceased relative or even you specifically; because the defendant wants to avoid the shame of a guilty verdict, then made to pay legal damages. Since you are the plaintiff, not only is the burden on you and your attorney to prove the defendants’ negligence: but also to disprove all of the charges against your loved one. With a good boating accident lawyer fighting for you or your deceased loved one, all of these evasive countercharges that the defendant and his or her insurance carrier make to either get your case dismissed or convince the jury they believe your civil damage suit is without merit and frivolous, will be proven to be patently false.

If the liable defendant is not insured, this person might be fighting you for his financial life since losing such a case might bring monetary ruin to his or her family. All of these stark realities that happen in a contentious personal injury lawsuit should give you an idea of why you must retain an experienced lake drowning or boating accident attorney with our Law Office at the earliest possible moment: before crucial evidence begins to slip beneath the waves of the river or lake on which your family suffered its tragic loss.

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DROWNING / BOAT ACCIDENTS

Suppose You’ve Suffered a Tragic Loss in a Drowning or Boating Accident.

In that case, our Drowning Accident Lawyers can help.
Pursuing a civil lawsuit in the form of a personal injury or wrongful death claim following a lake accident in Texas can serve two equally important purposes. First, and once successful, you and your family will receive fair compensation from the defendants who caused the injury or loss of life. A successful personal injury lawsuit can relieve the burdens of medical bills and other likely incurred damages, such as property destroyed in the mishap or loss of familial love in the event of a tragic accidental death of a beloved family member. A successful lawsuit may produce compensation for the pain and suffering that is caused to both you and your loved one, and also to ease the burden of loss of your loved one, his or her lost income (and future wages), and any funeral expenses you may have incurred immediately after the mishap. To summarize, the compensation for legal damages that you can win as a result of a successful civil suit can help you (and surviving family members) get back on your feet after experiencing a sudden tragic lake accident or drowning: and put this disaster behind you and your family.

The second objective of a personal injury or wrongful death civil lawsuit is more emotional: it soothes the wounds of a lake accident, both the physical and emotional trauma. By bringing all liable parties to justice and ensuring they know the extent of their misconduct, you are making our lakes and reservoirs safer places for all your neighbors to enjoy. Through this civil action, your experienced drowning accident lawyer works hard to ensure that a defendant cannot continue reckless disregard for others while on Texas lakes. It will certainly make them think twice before causing irresponsible injury or harm to another person or family.

When you retain the drowning accident attorneys at our Law Office after a boating accident or natural water drowning, we will come alongside you to get to the bottom of the tragedy and ensure that not only is every liable party is held accountable for their negligent behavior but can pay the full damages that a jury awards you: or the proper settlement amount that we can negotiate with the defendant’s insurance company. These insurance companies know us. Because they respect us and the strong cases we historically develop, we have successfully negotiated very fair and appropriate settlement amounts on behalf of our clients for over 20 years: often avoiding the pain to a grieving family of an emotional and abusive civil trial. Contact our drowning accident attorneys for a free consultation and find out how we can help you. No amount of money truly can compensate you for the tragic loss of a loved one: or the debilitating life that a son or parent might be now forced to lead from a permanent drowning-related disability. We welcome your questions concerning your river or lake accident. You will compassionately receive the right answers you need. We’ll also apprise you of your possible legal options so that you can make the best decisions once you seek compensation and see justice served.

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