March 26, 2020February 3, 2022 Frank PichenLeave a comment

Medical Malpractice – gtg

Should the Drinking Establishment be Held Accountable?

Due to a lack of knowledge based on the issues involved, many people disagree with the notion that bars should be held responsible for the actions of the patrons they serve. Further, individuals also question how a drinking establishment can be held accountable for the patron’s actions after they leave the bar. The dram shop laws in Texas 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. By holding the party that furnishes the drinks accountable, the amount of drunk drivers on the road is reduced. With the state adopted blood alcohol level of .08, the laws recognize that anyone who has reached this level is no longer capable of making 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.

Did You Know?
Our Texas Texas attorneys have won hundreds of drunk driver accident cases. Call us today to discuss your case.

To obtain a liquor license, businesses and clubs must maintain compliance with the laws of Texas concerning the serving of alcohol. Just as drivers are expected to obey the traffic laws of the state in order 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 selling as much liquor as they want to patrons in order to gain as much profit as possible. Inebriated drinkers want to continue drinking and this makes it easy for the servers to take advantage of the situation. In an effort to make the roadways safer and encourage the drinking establishments to avoid liquor law violations, they must be held accountable for over-serving.

Scientifically speaking, 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 are capable of driving. As a result, the servers in drinking establishments must be held accountable for ensuring public safety.

Another area of responsibility for the drinking establishments is to ensure that their servers have the ability to 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, it is the responsibility of the drinking establishments to make certain that all of their servers have received this training. This is done to prevent any bartender from claiming ignorance of the law in an attempt to avoid liability for over-serving a customer before he or she became involved in a drunk driving accident.

The responsibility of the drinking establishment for the actions of its customers 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 did let the patient drive home and the patient was involved in an accident, then the dentist should be held responsible. This same principle can be seen in relation to a drinking establishment’s negligence that contributes to the drunk driving accident.

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 an easy task and it should not be attempted without experienced legal representation. The Texas drunk driving attorneys with our Law Firm can provide the assistance that is needed in these cases. Give us a 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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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 Texas drunk driving accident attorney will bring a 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 that are determined by the court. If the injured party sustains a half of 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 their roles in contributing to the occurrence of drunk driving accidents.

What Constitutes Proximate Cause?
The majority of those 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 despite the fact that he was not actually in the accident.

Dram shop laws require that a bartender must 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 have a serious responsibility in the regulation of their patron’s drinking. As a result, the Texas Alcoholic Beverages Commission has set up rules and regulations to train bartenders and servers to be able to recognize patrons who are on the verge of inebriation 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 safety of the public.

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, color-coded glasses, or coasters are just a few of the methods used to monitor the quantity and potency of alcohol being consumed by the patrons.

For the most part, these methods are usually effective. 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 in order 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 for 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 on a regular basis 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 note of when they have served enough drinks to make the customer intoxicated. It is at this point, that service to the customer should be cut off. As a general rule, 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.

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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 the accident. However, it should be noted that the defense must be able to prove the bar met every state guideline in order to use the safe harbor defense. If they are able to do so, then the drinking establishment is provided immunity from any lawsuits.

On the other hand, there are drinking establishments that 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 an experienced legal representation if you want to receive your deserved compensation from the negligent drinking establishment. The Texas drunk driving 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 in a responsible manner. 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, the actual resolution of cases involving dram shop laws can be very challenging.

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Fentanyl Pain Drug Accident Injuries and Fatalities – Were You or a Family Member Harmed by this Powerful and Addictive Drug?
Fentanyl is a powerful pain medication – 100 times more potent than morphine. It is often used to treat chronic pain in cancer patients. Fentanyl is also used in surgery and ICUs as both an anesthesia and analgesia, typically in conjunction with benzodiazepine in which the two combine to be a potent painkiller.

While Fentanyl can be received through a lozenge, nose spray, or inhaler, its most common method of introduction is through a Fentanyl timed-release trans-dermal pain patch whereby the drug is administered through the skin and released into the bloodstream over a time period of 48 to 72 hours.

Unfortunately, the power of this drug that brings relief to thousands of pain sufferers across the state also has the ability to cause death if it is administered improperly, if taken by those without need for it, or if a Fentanyl transdermal patch leaks. In fact, the Food and Drug Administration has received hundreds of reports regarding Fentanyl fatalities due to fentanyl gel leaking from the patch, causing patients to overdose when they receive much more of the drug than their bodies can handle. Multiple fentanyl lawsuits have been brought against various manufacturers for their involvement in fentanyl deaths in the past few years: including several class-action lawsuits.

Several Major Fentanyl Duragesic Patch Recalls Have Been Made
A number of fatal Fentanyl overdoses have been directly tied to the drug over the past years: most of them pertaining to the time-release patches. While the narcotic itself that is contained in the patches was safe, excessive amounts of Fentanyl ended up being absorbed by patients, resulting in life-threatening side effects and even some deaths. Consequently, the makers of Fentanyl have issued multiple recalls for the Fentanyl trans-dermal patches. But even though recalls may be in effect, the manufacturers of these patches are still responsible for their products that are still circulating in public.

Janssen Pharmaceuticals issued the first recall of Fentanyl due to possible leaks in one lot. The company later recalled additional lots for the same issue, known as “fold-over defects.” Other defects were later discovered by the FDA, known as “stringer leaker” defects.

Alza Corporation recalled about 32 million Duragesic patches due to the fact that small incisions in the gel packets could cause leakage leading to Fentanyl overexposure to patients. Even small amounts of exposure to the drug could cause death in people considered intolerant to opioids.

Just a few days following the Alza recall, Actavis Inc. recalled 14 lots of Fentanyl transdermal patches. PriCara, a Johnson & Johnson unit, recalled Duragesic pain patches due to leakage issues that can lead to Fentanyl overdoses. Other affected Fentanyl manufacturers who have also issued recalls include the international pharmaceutical corporations of Sandoz and Cephalon, Inc.

If you have been harmed or lost a loved one to this drug, our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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Fentanyl Brand Names and Alternative Delivery Systems
Some of the recognizable brand names by which Fentanyl (or Fentanil) includes:

Durogesic or Duragesic, made by Alza Corp., a subsidiary of Johnson & Johnson;
Generic versions of Duragesic are made by Sandoz, Mylan, Watson, and Actavis;
Actiq, a Fentanyl lollipop made by Cephalon, Inc.;
Sublimaze, made by Janssen Pharmaceutical;
Fentora, made by Cephalon, Inc.;
Onsolis, an inner-cheek Fentanyl adhesive made by Aveva Drug Delivery Systems;
Instanyl, a Fentanyl nasal spray made by Nycomed;
Abstral, sublingual Fentanyl tablets made by ProStrakan, Inc.;
Fentanyl patches are sold in five different dosage strengths: 12.5 mcg/hr, 25 mcg/hr, 50 mcg/hr, 75 mcg/hr, 100 mcg/hr. Patches deliver Fentanyl continuously for three days.

General Fentanyl Side Effects
The side effects of long term Fentanyl usage can include any of those listed below. If one is suffering from an overdose, any of the following symptoms can become highly acute within a very short period of time:

Abdominal pain
Anxiety
Confusion
Constipation
Difficulty walking
Dizziness
Drowsiness
Dry mouth
Headache
Indigestion
Itching
Nausea
Vomiting
Weight loss

Severe Fentanyl Side Effects can Include:
Allergic reactions
Rash, hives, swelling of the mouth, face, lips, or tongue
Hallucinations
Rigid muscles
Seizures
Slow heartbeat/irregular heartbeat
Slowed breathing
Trouble breathing
Weakness

Actiq Lollipops
In addition to the issues outlined above in regards to Duragesic patches, the active ingredient in Actiq lollipops is also fentanyl. And the drug has also caused these candy-flavored suckers to become problematic in regards to proper prescription and safe usage of this particular type of painkiller. While Actiq has been found to be highly beneficial toward assisting acute pain sufferers in receiving relief in a short amount of time, these Fentanyl lollipops have reportedly been improperly prescribed to patients who are not suffering from severe pain. It is also common for those who are legitimately prescribed this pain medication delivery to overuse the narcotic.

Consequently, the overuse of Actiq lollipops has resulted in injury and harm to those who never should have been prescribed the drug in the first place. Additionally, Cephalon, Inc. has been questioned as to its marketing practices for the drug and been forced to answer allegations that they describe the drug as purposeful for such common issues like headaches or chronic back pain. Actiq lollipops are intended to be used only by those suffering from pain related to cancer. However, such patients account for only a small portion of users of Actiq. Those who suffer serious consequences as a result of using Actiq due to the misleading of a doctor may have grounds for a medical malpractice lawsuit in Texas.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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What Sort of Liability Lawsuit Might be Filed on Your Behalf

Depending on the circumstances surrounding your case, your general legal options find you filing a malpractice suit against the doctor or other prescribing medical professional who, through negligence, misprescribed fentanyl to you: maybe the lollipops for pain other than that normally associated with cancer treatment pain management. Maybe it was prescribed because you have terrible migraines or some other chronic condition and the physician read in some bulletin that fentanyl might be advisable, but did not consider your entire pain management regimen.

The other option surrounds defective Duragesic patches that might have done you extensive harm. Compensation relief is usually sought in such cases through a defective product lawsuit.

Drug Companies, Doctors and Their Insurers Will Fight your Negligent Liability Case Very Aggressively
When you take on the “medical-industrial complex” you must accept one thing. The healthcare industry has very deep pockets and some of the most powerful insurance companies on the planet to protect them from lawsuits. These insurance companies also have very good lawyers either on-staff or on permanent retainer. And the moment they know you’re on the warpath against their employers (and the doctors and drug companies they underwrite) be prepared for a back alley fight by people who don’t like to lose and aren’t used to being beaten.

Another thing to consider, especially if you are considering a malpractice lawsuit is the fact that tort reforms in Texas now limit the damages that can be paid by any guilty negligent healthcare provider to $250,000. So if the worth of your lawsuit exceeds this amount, you have little chance of receiving what you ask, even if the medical defendant ends up being guilty of the charge of malpractice.

Class Action Product Liability Suits: We Represent You, Not Someone in Some Far Away State
These days, if you watch any television at all, you can’t avoid seeing some of the many lawyer commercials who are “trolling for clients” who might have been hurt because of some substandard product. Lately, a lot of them surround defective product class-action suits on behalf of those harmed by Fentanyl Duragesic patches or Actiq lollipops. But if you take time to read some of the fine print at the end of the commercial, you will note that the lawyer of record is in California or New Jersey or some other state outside of Texas.

This is likely a commercial for a defective product class-action lawsuit. A class-action suit is just what it sounds like. It involves a “class” of people, in this case, those who have suffered an injury of either the same type, or at the hands of the same manufacturer, and suing that manufacturer as a group. Class action suits have their advantages in some states because a large “class” of plaintiffs often gets more attention and interest from the courts when filing their case and can be placed higher on the court’s docket. Then, when the class-action suit wins (or their lawyers have settled) all plaintiffs get to take a fair piece of a very large monetary compensation package. Some class-action suits have produced eight and even nine-figure injury awards. A class-action suit can be a remedy if you can find enough people who have suffered the same injuries or have the same manufacturer in their crosshairs. But it’s not one of those situations where you just get on the filing list, hoping to get a nice payday when it’s all over.

The law firm who produced and aired the commercial will often recruit a firm or two in each state where the commercial appears, because that lawyer is not licensed in that state. Many times, these “front” attorneys in each individual state do almost no work when it comes to preparing the case, but still get a nice fee to do little more than “client intake” work. The way we see it, such intake firms are really getting nothing more than a sales commission, not actual legal fees. All that these “intake firms do is interview prospective plaintiffs to the class action suit, fill out forms, maybe take a deposition or two, send the paperwork up the line, then get a “cut” of the legal fees for their minimal contribution to the class action lawsuit.

We’ve been approached by many out of state class action firms many times. But we decline all overtures unless we do real legal work on behalf of OUR clients that we take on the case’s behalf. Short of that, we don’t bird-dog for other law firms. There are synergistic elements to class-action lawsuits that can make them very satisfying to the law firms that are truly involved and not just pushing papers (and clients) up someone else’s line. We also believe this kind of “faux legal representation” is not always ethical. Sometimes the out of state attorney-of-record might have the sort of reputation we are uncomfortable with. And we are all judged by the company we keep.

We have enough experience by ourselves to handle a class-action product liability suit. And we have been the attorneys of record in class-action suits in the past, when it was appropriate. But we prefer to be the primary counsel of record. With the help of a defective drug attorney with our Law Firm, your case will be investigated, argued, and judged on its own merits: not lumped in with others that could ultimately endanger your rights. Plus, if the class action case you’re involved in turns out badly, there’s a pretty good chance that double-jeopardy might attach itself to it and you have lost your only opportunity at winning rightful damages. That’s why you will never be someone else’s number to us. So if you see a commercial for an out-of-state lawyer, think of what you might be getting yourself into and call someone local. It’s always your best bet.

Call Us Today
The defective drug injury lawyers at our Texas Law Office can help if you or a loved one has suffered a physical injury resulting from a defective Fentanyl pain patch or the misprescribing of Fentanyl when the facts of your medical problem did not justify it.

Our Law Firm has over 30 years of quality and successful experience in handling personal injury litigation regarding medical malpractice and defective product prescription drug cases. If you or a loved one has been a victim of Fentanyl or any other dangerous or defective drug, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of victims in Texas. And our experienced injury lawyers can help you win the best compensation possible for you.

Call us today for a free consultation to continue your road to total recovery and resume your life.

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Texas Lawyers Discuss Pharmacy Errors, Pharmaceutical Mistakes & Pharmacist Malpractice

In the world of modern medicine, pharmacy error accounts for about 10,000 deaths and several times that number of serious injuries every year. Studies estimate that as many as 1 in 30 prescriptions are incorrectly filed. Even in cases when the mistake does not directly cause injury to a patient, it does prevent that patient from receiving the medication he or she needs.

This is one reason why there are virtually no victimless pharmaceutical mistakes. Our pharmacy malpractice attorneys are here to tell you how these cases work, what you are up against, and how an experienced, unruffled attorney can benefit your claim.

Pharmacists are the final line of quality control between your doctor and you, the patient. Doctors write prescriptions. Pharmacists fill them. And there’s more to the job than mixing pills in a bottle properly. They also compound medications from time-to-time as well as counsel and teach people about them. Sometimes instead of going to a doctor for a minor pain or to learn more about a specific drug you’re taking, you talk to your pharmacist. But sometimes they can be careless or negligent. There are several professional areas of responsibility where pharmacist negligence could cause you harm. They can incorrectly dispense the wrong dosage, or give you the wrong medication, or incorrectly transcribe the wrong dosage or other instructions that go on your medication container.

There is a pharmacist shortage in this state that approaches the critical stage. This is why pharmacy technicians and other support personnel are used to stretch the limited number of pharmacists available; especially among the largest pharmacy retailers in the state. These “Pharm-techs” must be supervised by a pharmacist, without exception!. Pharmacist negligence involving supervision causes many medication errors each year.

Because of these responsibilities, there are four areas in which a pharmacist (and by-definition, his or her employer) can cause medical malpractice (with pharmacy error being a sub-category) and be found legally negligent:

The compounding of prescribed medications.
The dispensing of prescription medicines.
Teaching and counseling their customers.
Improperly supervising the employees who work for them.

It’s sometimes very difficult to tell if a health problem you are experiencing might have been caused by negligence by your pharmacist. But an experienced local malpractice lawyer can help you determine whether or not it might be the case.

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Pharmaceutical Errors Typically Fall in One of Two Broad Categories

There are two primary ways in which pharmacy errors of negligence will trigger a malpractice investigation. They are:

When a doctor commits an error writing a prescription, leading to a patient receiving the wrong medication or an incorrect dosage of the correct medication.
When a pharmacist commits an error in filling a prescription, resulting in the same issues.
We are not including any problems relating to the prescribed drug itself, so long as the prescription was correctly written, dispensed, and filled. Those injuries fall under product liability claims. And those are sought separately against the drug’s manufacturer.

The type of lawsuit you must file depends on the type of pharmacy error committed, though in either case, you will be filing a medical malpractice claim. In some cases, you will be filing a case against both the doctor and the pharmacist if they both committed a mistake. Either way, the simple answer to your quandary is your need for an experienced legal professional.

Medical malpractice lawsuits are some of the most complex in the personal injury world. In the 30+ years that our Texas Law Office has been practicing, we have heard of many people trying to represent themselves in medical malpractice cases. And we’ve yet to hear a success story. Medical issues are extremely complex. These cases often involve assistance and testimony from expert witnesses in order to grant legitimacy to your negligence claim. In addition, lawmakers recently revised many of the laws surrounding medical malpractice claims in order to make medical professionals more resistant to lawsuits. This tort reform established a number of specific conditions that your case must meet in order to be successful. And if you are, there is a cap on the amount of money that any jury can award; even if it would like to give you more. But a non-attorney has little – if any – understanding of or experience with these conditions, much less how to meet them. And few under-experienced attorneys are willing to try.

But you are not without a stout-hearted ally. The pharmacy malpractice lawyers of our Law Firm can help you build the strongest possible pharmaceutical malpractice lawsuit. They are intimately familiar with medical malpractice laws: both before and after the recent tort reform and have successfully resolved hundreds of medical malpractice cases for his clients.

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Pharmacy Malpractice and the Investigations that Unmask it

Medical malpractice is a broad term that covers the types of cases that can find any of the following healthcare providers (and their employers) as defendants against an injured plaintiff.

They are:

A primary-caregiver (doctor) or surgeon, anesthesiologist, or obstetrician.
Any nurse, or specialized hospital technician, who was involved in the injured patient’s care.
Chiropractors and some aftercare therapists.
The hospital or healthcare facility itself.
Dentists, dental hygienists, and other dental care specialists.
A nursing home attendant.
A private nurse.
A pharmacist or pharmacist assistant.

It makes no difference if these offenders worked alone or together, whether they were aware of anyone else’s error or not. If they helped produce additional injury, illness in the patient, or created further pain and suffering, the victims of that malpractice (or the surviving family members if the negligence caused a death) can seek damages from each liable party, in proportion to their contribution to this pharmacy malpractice injury.

One reason that malpractice lawsuits are often the most challenging forms of personal injury or wrongful death cases that you will find in Texas is the simple fact that the medical profession is by its very nature, is highly technical and very sophisticated. In short, a lot of finger-pointing goes on between multiple defendants. And players can even change sides if, for example, you begin filing a claim or lawsuit against a pharmacy corporation, and then an FDA warning bulletin is released saying the drug in question is not safe. Then suddenly, your corporate opponent becomes an ally against the makers of the drug. That scenario aside, laying the proper blame for a pharmacy error can be a very difficult order for your legal investigative team. These are only a few of the many reasons why injured victims have no better than a minuscule chance of winning a Texas pharmacy malpractice claim without the legal help of an experienced lawyer.

A skilled attorney knows how to locate and retain the ideal pharmacological experts to thoroughly review your prescription records, determine whether your lawsuit is justified, and then back up your claims in court. These experts can also help determine the degree of liability from everyone who was involved in your inferior prescription malpractice case. Our experienced attorneys have the means and the skill to apply that thorough investigation of your claim and assemble this evidence into an effective strategy that gives you the best chance to be compensated for your damages.

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The Even Greater Difficulty of Proving Pharmacy Malpractice in Texas
All personal injury lawsuits have their difficulties. But there are several that are unique to any malpractice case when a plaintiff decides to seek compensation for an injury through a Texas malpractice lawsuit. Probably the most prominent impediment is the limit on the amount of damages that can be awarded in malpractice-related injury lawsuits for your pain, suffering, medical bills, lost wages and other appropriate damages.

Some years ago under a cause they called “tort reform,” and due to intense pressure by doctors, the insurance industry and their lobbyists, the Texas legislature passed several laws which together, have clearly tilted the medical malpractice playing field in the favor of the doctors, pharmacy corporations and their workers. Simply-put, when it comes to any malpractice civil case, with very few exceptions, there are now some damage award caps. That means if a pharmacist is legally liable for $500 thousand in damages, the judgment awarded will be no better than half that amount. But there are remedies for this “damage cap” challenge which we’ll discuss in a moment.

As the plaintiff in a civil case, the victim of medical malpractice (or the family survivors if the negligence produced the death of a loved one) bears the burden of proof in any civil lawsuit in Texas. You the victim, along with your malpractice lawyer, must prove that one, or several, medical defendants caused your injury. And 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 it from those who were negligent in your care out of the goodness of their heart. You must force them to pay, either in court or out-of-court negotiations.

It is possible that some other negligent medical professional was involved in your injuries that the pharmaceutical malpractice merely amplified. There could be several other defendants. We’ll never know until we investigate your injuries. But one thing is certain. All defendants in any sort of malpractice claim or case believe that they owe you nothing unless you legally compel them to properly pay for your damages through a personal injury or wrongful death lawsuit. And in order to force those liable for your injuries to pay you fair compensation, your local medical and pharmacy malpractice lawyer must build a compelling case; using strong and substantial evidence that forces all liable parties to accept responsibility by proving the parts they played in your injury.

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Medical Professionals Owe You a Very High Legal Duty and can Sometimes Violate that Duty Inadvertently

In malpractice, a legal duty is described as a “standard of care,” as opposed to most other legal duties that simply involve standards of behavior. Medical professionals owe their patients a certain standard of care that is in proportion to their peers’ standard of care. More simply-put, doctors and all healthcare professionals must treat their patients as others in their same field of specialization would treat theirs. Due to its superior position in society, the medical profession is held to a much higher standard since these professionals receive years of highly-specialized (and very expensive) training. Doctors receive up to 10 years of education and extremely rigorous certification in order to be qualified to safely treat their patients. They are also supposed to acquire what is hoped will be a great sensitivity to their patients’ physical and emotional needs during that care. This is why society in-general needs for its medical professionals to not only be knowledgeable when it comes to their ability to properly and correctly care for a patient. And though lesser-educated medical professionals might have a modestly lower standard of care, pharmacists are generally held to a higher standard of care usually reserved for doctors; since licensed pharmacists receive up to six or seven years of formal education in pharmacology and must continue their education as more and more sophisticated drugs are released to the public in order to retain their accreditation.

Once a standard of care has been legally established, the next duty of the plaintiff in a malpractice case is to clearly prove that the responsible medical professional (in this case the pharmacist or one of their employees) who violated that standard of care is particularly liable for your injuries. But very few people have even the minimal required knowledge to understand, or even know, why a pharmacist chose to do what they did. This is why expert witnesses and other experts must be retained by your malpractice lawyer to determine whether or not any pharmacy professional has violated their professional standard of care. These expert witnesses, usually doctors and pharmacists themselves, must have years of parallel experience in the same fields as the defendants in order to be of value to your Texas pharmacy malpractice claim.

Specialized witnesses properly and accurately determine whether or not a standard of care was violated, by whom, and the degree of that violation. We can help you locate these expert medical witnesses, either in Texas or across the U. S. in order to clearly prove your allegations that a pharmacy professional actually breached their required standard of care. This is vital if your malpractice case is to be a success.

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How Tort Reform has Changed the Texas Malpractice Landscape, Especially When it Comes to Collecting Damages

As we mentioned, one of the real-life challenges to full compensation in medical malpractice is the “damage cap” limit. This is why it is most important to have an excellent investigative team on your side that can identify every liable party to your malpractice. If three medical professionals are found to have been negligent in your care, the chances of receiving reflective compensation go up by combining the damage amounts from all three defendants.

But in each individual case, “non-economic damages” (such as pain, suffering, lost future income, and the like) are capped at $250,000. “Economic damages” (the actual cost of your medical bills as a result of the malpractice) must be specific and may not be punitively raised.

Before tort reform, anyone could sue any medical or pharmacy professional for as much as they wanted and there was no limit to the amount they could collect. At times, this led to juries awarding unreasonable damages. But, aggressive medical, pharmacy, and insurance industries pushed back, along with the legislators they influenced, with a series of laws that helped the medical-industrial complex, but failed to adequately address the problem of legitimate malpractice victims. So the result of creating damage caps ended up benefiting these powerful industries to the detriment of malpractice victims who have legitimate damage claims.

Today, it’s much more difficult for any malpractice victim to recover true value, in both the short and long run, of their injuries, pain, suffering, and lost wages from any single malpractice civil action, including pharmacy malpractice plaintiffs. That’s why it’s so important for your pharmacy malpractice lawyer to fully investigate all features of malpractice. As we mentioned, other caregivers may also be responsible for those injuries.

We want to tell you that Texas tort reform benefit caps also make the insurer behave more arrogantly in negotiations. This should give you an idea of how hard it is to negotiate a fair settlement with these companies. Damage caps embolden malpractice defendants, their attorneys and the insurance companies to act more belligerently toward your case. They know it’s easier to bully you into accepting a ridiculously low settlement, especially if you’re representing yourself or your legal counsel is inexperienced. They’ll lead you down the painful path to defeat.

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Your Opponents: A Large Pharmacy Retailer and Their Insurance Companies

How many large corporate pharmacies do you see when you drive around town? We can think of three mega-pharmacy companies that have about 2/3 of the national prescription market locked-up. And they have an arrogance about them, especially when you try and get them to right a wrong; especially if it involves them paying you for legal damages. These companies and all pharmacy chains. But for a few holdouts, the local pharmacy landscape no longer has any more “corner drug stores.” These corporate megaliths have the best lawyers and the highest-priced insurers to run to their rescue when one of their employees harms you. And they know they are responsible due to the legal notion of respondent superior which basically means that while those employees are on-duty, the corporation that employs them is ultimately just as liable as the employee (and pharmacist) who made the critical prescription error.

The insurance companies are excellent and aggressive at defending these negligent pharmacies as well. Their adjusters are just as dangerous to a malpractice victim as the defense lawyers who represent their companies; maybe even worse. Adjusters’ goal is to help their employer, not you. They are interested solely in saving their companies money by denying your claim or underestimating the cost of the malpractice, or placing obstacle after obstacle in your way and make that just compensation just barely out-of-reach. An adjuster acts like your sympathetic friend and constantly assures you that all of your needs are met; only to cut you off at the knees when it’s time to pay-up.

Insurance adjusters are very clever. They ease you into a false sense of security. Often they might innocently try and record you saying something that is later twisted into sounding like your filing a nuisance lawsuit, or that your real injuries are not as bad as you legally claim. Remember, insurance companies are in business for themselves, not you. Some unscrupulous adjusters even convince uninformed injury victims of any type – often deceptively – to sign away the legal right to sue in exchange for a small settlement that never comes close to compensating the victim’s injuries or other losses from a case of pharmacy malpractice.

There’s only one way to stop insurance adjusters in their tracks. Hire an experienced Texas pharmacy malpractice lawyer. That way you don’t have to deal with them at all. Our clients know that adjusters deal with us. And they can record us all they want. We’ll never say anything that can come back to haunt you. And the words you don’t say to an adjuster, no matter how innocent, will never be used to hang you in court.

Insurance companies are even prepared to fight your claims before malpractice even occurs. Their experienced attorneys are either on staff, or permanent retainers. They’re just waiting to take on personal injury claims because they do it for a living. They specialize in cases like yours and know every trick imaginable to tilt the case in favor of their insurance company employers. This is why you mustn’t hesitate in finding a pharmacy malpractice law firm to help you. You only get one bite at the compensation apple. So you must make it the proper one because once you’ve taken it, you’ll never get a second bite.

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Your Pharmacy Malpractice Case and Civil Trial Juries
No more than a third of all personal injury claims in Texas actually make it to the courtroom. The rest are either dismissed due to technicalities (possibly from the actions of inexperienced plaintiff attorneys or result in a negotiated settlement. In the world of personal injury, trials are the last, and least attractive, resort. Every avenue of reaching a fair settlement has been exhausted, usually because the defendants and those who represent them resist. A trial is the only way left to sort it out. Tort reform damage caps might make insurance companies in malpractice cases less-willing to settle. But if the malpractice investigation reveals obvious negligence (which is relatively easy to prove in court if the case is strong) and your damages appear to fall under that cap amount, the odds of a settlement are better. Pharmacy malpractice insurers also know that trials cost money and time and if the evidence is against them, it’s an unattractive gamble. So it eventually comes down to the question of, what costs the insurer more: losing the case in court (on top of the trial’s cost) or a fair settlement?

So it’s possible for both sides to see reason and settle because when it comes to civil juries, you just can’t trust them to do what you hope. Registered voters are chosen as potential jurors in both civil and criminal cases. When they show up for jury duty, it’s usually reluctantly. And if they’re chosen, these empaneled citizens would rather have a tooth pulled than be cooped-up in a courtroom, listening to a bunch of lawyers drone on-and-on about your complicated legal case. They find it hard to constantly have to pay full attention to minute facts surrounding a technical malpractice case. And malpractice trials involve a lot of technical experts who aren’t very engaging when it comes to explaining complicated things with polysyllabic words that are hard for some jurors to understand. We’ve see jurors “rest their eyes” a few times. And once or twice we’ve even heard a juror quietly snore.

The ambiguity of juries alone is enough for most to appreciate why a jury trial is a very risky proposition for both sides. And it’s not hard to appreciate why only around 10 percent of all civil cases eventually reach their logical end with a verdict. Yes, the longer the legal argument goes on between the plaintiff and defendant, the better a fair settlement looks to both. Many times we and our clients have agreed to 11th-hour settlements and they are typically worth the protracted effort.

Enlisting the Assistance of an Experienced Pharmacy Malpractice Lawyer is the Smart Move
We hope you don’t learn too late that you should have hired a capable local pharmacy malpractice attorney after an insurance company and its attorneys have destroyed your claim of liability: because you won’t get another chance.

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In Texas, malpractice lawsuits (and pharmacy negligence in particular) are very complex and pose too many obstacles for a victim to represent themselves, or unwisely choose the wrong legal counsel. The amount of information you must first find, then present in order to prove your claim is a huge burden. The crucial ability to properly investigate the facts of the case and call on expert witnesses, not to mention the skill to see a complicated malpractice lawsuit through to a successful damage award, is clearly beyond the limited legal knowledge of a layperson, as well as the many law firms that do not specialize in personal injury. And sadly, tort reform has thinned-out the number of law firms who are willing to represent plaintiffs in malpractice cases.

But we do have some valuable free advice for you, regardless of what malpractice lawyer you hire.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact an experienced attorney. If you contact us for a free consultation, we will quickly tell you all your legal options and how we can help you recover the rightful damage compensation for all harm done you by every negligent healthcare defendant who’s liable for this malpractice.

Once our Law Firm is on the case, we will:

Help you seek proper medical attention if you still need it.
Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your Texas pharmacy malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert witnesses to testify on your behalf.
Deal with all communications with all involved parties (including aggressive insurance adjusters) compose, receive and manage all correspondence. In other words, we take care of ALL the paperwork and every contact.
Clearly prove all parties’ liability and the damages they caused to win the best and fairest compensation amount for your pharmacist’s negligent injury.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies, and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best case possible for you in court if a trial is necessary.

We are Here to Help You Forcefully Defend your Malpractice Compensation Rights
Rare is the instance where these medical defendants are not covered by various insurance policies. And though this is good news because you know the money is there to compensate you, it’s certain that a malpractice lawsuit which is filed against any (or multiple) liable parties will draw aggressive opposition from every insurance corporation involved in the case. If you or a loved one has suffered injury or illness as the result of pharmacy malpractice, contact the malpractice attorneys at our Texas Law Office for a free and confidential consultation.

We want to help you win justice and the compensation you need for your full recovery, and hold every negligent healthcare professional responsible for their negligent behavior so this won’t injure or harm other unsuspecting patients in the future. If your claim is legitimate and your injuries are significant enough to reasonably justify bringing a malpractice claim, we can share the actual merits of your case with you and outline the steps that we need to take together in order to realize success.

The experienced pharmacy injury attorneys of our Law Office have over 30 years of experience in calculating, then proving, the correct amount of our clients’ damages, in addition to aggressively representing them against negligent healthcare professionals of all types, their well-funded employers, insurance companies and the powerful lawyers who represent them. This enables you to receive the fullest and fairest negotiated settlement, or civil trial award for your malpractice-related damages. We can help you on your road to recovery. And the damage compensation we can win for you is vital to you and your family’s healing.

Pharmacy companies and healthcare providers, along with the insurance companies that protect them know how successful our firm has been. So, when they learn that we are on your team, they may offer you a sizable settlement just to avoid facing our attorneys in court. We are dedicated to doing whatever it takes to get you back on your feet as quickly as possible. So if you or someone you love has been hurt due to a pharmacy error, contact the pharmacy malpractice lawyers with our Law Firm today. Let us help you seek the settlement you need and the justice you deserve.

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March 26, 2020February 3, 2022 Frank PichenLeave a comment

3/26/2020 – Product Liability / Work Accidents/ Defective Products / Workers Comp – gtg

A Products Liability Lawyer Can Help If You’ve Been Injured by a Defective Product in Texas

Any day, any time, you could be hurt or seriously injured by a product you believe in, and maybe even rely on. People like you are injured every day when they use what turn out to be defective products. They can range from commercial equipment to the over-the-counter headache medicine you use to a prescription drug to the crib that your infant sleeps in.

Physical injuries can range from ongoing, yet subtle symptoms over long periods of time if you are taking a defective drug, to immediate, catastrophically gruesome wounds suffered from a defective piece of machinery. Deaths often occur because of defective products. If you have been injured because of a defective or unsafe product, or if a loved one has suffered a wrongful death under these circumstances, you are entitled to claim liability damages against the manufacturer of that product. And one effective way to win your suit is with the help of a Texas defective product attorney with our Law Firm to be your legal partner who fights for the compensation you deserve.

Federal laws clearly require companies that design and manufacture products to follow precise guidelines unique to each product itself to assure that every one which is sold and used by the public is safe. This includes both consumer and industrial products or devices. Any time during the normal life of this product, if it is proven to be defective or unsafe to use, anyone who can legitimize a claim of injury from these products has every legal right to seek fair compensation for their injuries through a personal injury damage lawsuit against its manufacturer.

There are two types of general product liability cases. One surrounds negligence by the manufacturer. The other is known as strict liability, which essentially means that the product simply was a bad idea from the beginning. Familiarize yourself with the dynamics of product liability law and arm yourself with information to help you ask the right questions that must be satisfactorily answered by the lawyer who is the right one for you. Because you will certainly need one if you are seriously considering filing a product liability damage suit.

A product liability attorney with our Law Firm understands the subtleties of product liability law. We can quickly determine the best legal option that is available to you if you believe you have a legitimate damage claim on which to file a product liability lawsuit. We can thoroughly investigate the circumstances surrounding your injury and help you be fairly compensated for the harm done to you by dangerous products.

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Deciding Which Negligence-Based Product Liability Claim to file is the First Step

For most people, understanding a negligence-based product liability lawsuit is relatively simple. A manufacturer can be in error in designing the product or the manner in which it was manufactured or developed. Deciding which of these two general areas of the product development process is responsible for the failure of the product is a very important starting point. And when our law firm takes on a product liability case, this is our very first question. But once a manufacturer is legally cited to be liable in either development process, those who are injured by it must be compensated if they ask for it.

When a product is inappropriately designed, the reasons involved are often the owner’s unacceptable disregard for its safety when it is used in the manner in which it was intended. Maybe one of a large series of substandard fluorescent light bulbs exploded during installation. You suffered chemical burns to your hands and head, and flying-glass cuts that produced nerve and eye injuries. The tubes may have been properly manufactured according to design specifications, but the specs turned out to be incorrect. In this case the design of the fluorescent lighting tubes was most likely improper. So the manufacturer was negligent when designing the tubes and can be held liable for any injuries that are caused by use of the product in the manner intended when it exploded when it was installed.

But what if a product is designed properly, but still causes an injury? The focus then turns to the way the product itself was manufactured, which is where the majority of defective product lawsuits are filed. In order to deliver their goods to the marketplace to meet demand, these days manufacturers find themselves cutting corners wherever they can in order to lower their costs (and raise their profits). Their profit margins are already very small to begin with. Saving even a half-cent per manufactured unit can make a difference between profit and loss when you factor in a half a million units. So if they find they can trim costs by using less-durable materials or cutting corners during assembly of the product, then they are able to meet their targeted unit cost. One consistent way to do that might involve the use of employees who don’t know their job as well as they should, or maybe uncertified workers are operating complicated manufacturing machinery, which means they work for a lower wage (and maybe longer hours at lower efficiency)..

Regardless of the reason, if there is negligence in the product’s design, or the way it was constructed, the owner and/or manufacturer is legally liable for injury damages when an unsafe product was used under the normal circumstances that were expected by the injured person. But proving your case in a manner acceptable to actually win that fair defective product compensation is an entirely different matter: and that is why you need an experienced Texas product liability lawyer.

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Some Defective Product Lawsuits Surround Whether or Not You are Warned of a Product’s Dangers

Not only can negligence in a products design and manufacture be cited in a product injury lawsuit, the owner of the product (or the domestic distributor of a foreign-made product) can also be subject to civil liability for not warning the public of its dangerous product immediately upon learning of this matter. Manufacturers have been found guilty of negligence when they don’t meet their legal obligation to warn those who buy their products of the possible risks that may be connected to that product. And such failure to inform the public of these dangerous situations surrounding their goods makes them responsible for damages suffered when people are injured through normal use of their product.

This is why if there is even the remotest chance that a manufacturer’s product poses even the slightest possible danger to its consumers, you see or hear of a recall. As a matter of course, drug manufacturers’ television commercials with all their disclaimers and warnings are one example. It’s gotten to the point where the commercials take-up more time warning of a drug’s side-effects than the actual benefit of the product Fine print at the bottom of advertisements in magazines and newspapers is another example. Fast-talking announcers who you can barely understand during the last five seconds of a radio commercial are also complying with a manufacturer’s legal responsibility to warn customers of the potential risks associated with their product, even if the letter of the law that necessitates the warning sometimes falls short of the spirit to which the law is intended.

All of these examples exemplify the evidence that companies have learned the hard way that they must warn their customers of any dangers associated with their products, even if they are remote. And at least some of them learned this lesson first-hand, the hard way, at the end of a product liability lawsuit to them, or another company in their particular industry.

Strict Liability Claims: or Sometimes a Product Simply Wasn’t a Good Idea to Begin With
There are instances where a manufacturer has exercised reasonable due diligence in designing and creating a product. But once it hits the market they discover that something unforeseen has made it a dumb idea. This might happen when some people use it improperly, or in a manner not originally anticipated by the manufacturer. In these cases, they just didn’t think things through from the user’s perspective or if the product ends up being used in a way the manufacturer did not intend, or foresee, injuries occur. Even if the manufacturer issues a recall, they are still legally responsible for their products as long as they are in the hands of the consuming public. A recall is not a shield from liability for those who suffer an injury by using a product, although quick recalls can lessen some of the damage amounts that can be awarded because the manufacturer acted quickly to warn the public and moved heaven-and-earth to correct the problem. But even after all of that, people who are injured may still be awarded damages through a strict liability claim.

One famous example of a product that fell under strict liability guidelines occurred when a company manufactured and sold a game called “Lawn Darts.” The object of this outdoor game was for players to throw large darts with sharp, pointed ends across a lawn toward some target on the ground. But it doesn’t take much imagination to understand how dangerous this game could be if used improperly, or the players aren’t paying attention to those hazardous missiles. One person’s “harmless” game dart can become another’s perilous weapon. And though the manufacturer quickly issued a recall and then changed the front end of the darts from a sharp pointed edge to a large suction cup, it didn’t relieve them of responsibility for damages from injuries that arose from this “game.”

This example of a product that’s designed and manufactured properly, but is still a danger to the public, regardless of how it is used, is a classic example of how an experienced Texas product liability lawyer applies a strict liability claim when a product on the market is unsafe. People can be injured by well-made products that shouldn’t be on the market to begin with. It makes no difference if they are used properly or improperly.

Another example, many years ago, arose from the simple clip-on roller skates many children used in the ‘50’s and 60’s. Some enterprising kiddos attached them to pieces of wood and the skateboard was created. Several successful injury lawsuits arose from this “unintended use” of roller skates. However, it did create a new industry (skateboards) that came with very strong warnings and also the legal assumption that when the product was bought, that the user (or the parents) accepted the heightened danger of injury. This also brings to mind another issue of “assumed liability” on the part of the buyer of the product: which is another issue that must be taken into account when it comes to defective product lawsuits.

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Class Action Suits: Some Lawyers Work for Their Money, but Others? Not so Much

You’ve probably seen a lot of commercials from Texas attorneys who ask if you’ve been hurt because of some substandard product. But if you take time to read some of the fine print at the end of the commercial, you might notice that the lawyer you are supposed to call is in Connecticut or Delaware or some other state other than Texas.

This is a commercial in the interests of a class-action lawsuit, which is basically getting a lot of people who have been similarly injured by a particular product and are suing the manufacturer on behalf of this “class” of people. Class action suits have their advantages in some states because a collection of plaintiffs often gets to go to the front of the line when it comes to filing their case and being placed on the court’s docket sooner. A class-action suit can be a remedy for you. But it’s not a free ride. Nor is it one of those situations where you just get on the filing list, then sitting back and doing nothing, hoping you’ll be on the “check mailing list” when it’s all over: even if that might be the implied message of the commercial.

The law firm that produced and aired the commercial will often recruit a firm or two in each state where the commercial appears, because that lawyer is not licensed in every state. Many times, these local or “front” attorneys in each individual state do very little work when it comes to preparing the case, but still get a nice fee (in this instance we like to call it more of a sales commission rather than a legal fee) to essentially do client intake work because all they do is fill out forms, maybe take a preliminary deposition or two and probably get a few thousand dollars per-client they send “up the line” for their trouble. For these firms it’s a low work/high return proposition. Some “easy money” law firms only handle these kinds of cases for out-of-state class action firms.

We’ve been asked to participate in these kinds of “assembly line” lawsuits by out of state class action firms many times. But unless there is real legal work involved, we respectfully decline these offers of “easy money” for a very simple reason. We represent clients. We don’t bird-dog for some other law firm. We prefer to represent clients rather than just signing them up and letting someone else do all of the work. We feel there are synergistic elements to class actions that can make them very satisfying to the law firms that are involved. But only if they are true legal participants and not just doing pseudo-legal work and shuffling papers (and plaintiffs) up the line. And we believe this kind of “faux legal representation” is not always ethical, or the out of state attorney-of-record might not have the sort of reputation we are comfortable with. And in law (like life) you are judged by the company you keep.

We are, however, very experienced in filing and arguing class-action suits. But those we are involved in finding your Texas product liability injury attorney with our Law Firm as the primary legal counsel of-record. Who knows? Your product liability case might be the first wave of what could become a class-action suit. In the long run though, it doesn’t really matter. We DO want you to know that you will never be a number to us. So if you see a commercial that leads you to an out-of-state lawyer remember what you might be getting into and call someone local. It’s always your best bet. If your injury is legitimate, fight the manufacturer on your own home turf, not someone else’s.

If you suspect you have been injured by a defective product, contact a product liability attorney in our Texas Law Office. We provide a free, comprehensive, and fully confidential legal consultation. We encourage you to ask any and every question you can think of in order to completely understand your defective product injury case and how it is best pursued. If you deserve to be compensated, we’ll help you get every penny you deserve.

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Effective Legal Assistance is the Right Antidote to the Poison That a Manufacturer’s Insurance Company Attorneys Will use Against You

Those who pursue a product liability claim without a competent product liability lawyer (or worse, by themselves) have about as much chance of winning compensation from the manufacturer as those who play Lawn Darts or ride skateboards if they’re 50. They can’t get out of their own way and end up stuck by lawyers who know what they’re doing. You will find yourself up against the manufacturer who’s worried about profits, a courtroom full of excellent attorneys, and finally the manufacturer’s insurance company. All work together to fight your claim at every twist and turn.

The opposing attorneys use every trick in the book, legal or otherwise, to convince a jury that your lawsuit has no merit; or if it does, that the damages you seek are unreasonably excessive. They also do everything they can to delay your day in court, while at the same time, the insurance company offers you a “low-ball” settlement amount that doesn’t come close to paying your medical bills, pain, suffering, lost wages and other damages the defective product has caused you or someone in your family, or maybe even your small child if that is the one who is injured or killed.

And sometimes these manufacturers, lawyers and insurance companies know a product is unsafe, but months before the injury caused by their product, some insurance actuary somewhere determined it was more cost-effective to pay a bunch of “low-ball damage claims” than to fix the product. But even in light of that fact, that still doesn’t stop them from trying to frustrate you at every turn. If you fight them alone, or with an attorney who is not well-versed in product liability law, you could be in for a very rude awakening, and no money that you rightfully should receive to pay the damages.

Isn’t your best strategy one that involves retaining a competent product liability lawyer in Texas who has experience arguing and winning cases involving defective product lawsuits?

The Texas Product Liability Lawyers of our Law Firms Stand Ready to Help You
The defective product lawyers of our Law Firm have helped many people who have been hurt by unsafe and defective products for more than 30 years. We’ve seen every trick that manufacturers and their attorneys try to pull in order to prevent you from collecting the damages you deserve if your injury justifies bringing such a liability claim

We thoroughly investigate every case, making it the strongest possible. We also investigate every defendant’s assets so we know who can afford to pay your legitimate legal claims of product liability. We are dedicated to your full recovery, physical and financial, by getting the largest, and fairest, damage award possible. Our Law Office has a long and rich history of successfully representing our clients, not only in court, but negotiating fair settlements without the need to litigate. And because most of these opposing lawyers and their insurance companies know us and our reputation for aggressively representing our clients, many of them would rather settle than take us on in a courtroom.

We help provide you with all of the legal leverage you need to force manufacturers of dangerous products to be responsible for their actions and compensate you and your family fairly for any injuries caused by their products.

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Were You Hurt in a fall at a Construction Site? You May Be Owed Compensation for Your Serious Injury

Construction sites can be hazardous places. Those in the business know that. They also understand that one of the most common hazards facing even the most careful worker is on, around, or under construction scaffolding.

It doesn’t matter if the project is a two-story mansion, an industrial or retail building, a low-rise office, or a towering skyscraper: at some point, scaffolding is necessary in the construction (and maintenance) of most types of buildings. With all the building going on in Texas, there are likely as many scaffolds as there are construction workers.

You’re a conscientious worker. You do your best to stay safe at work and keep a safe work area. But that doesn’t mean you can’t still become a victim to a workplace injury anywhere on or near scaffolding. But this article is not limited to just that. You may have suffered some sort of injury from any construction or building maintenance site fall. Accidents happen, and, in many cases when the injuries are serious and caused by someone else’s negligence, you’re entitled to some form of fair reimbursement under Texas law for the financial losses you’ve incurred from the mishap. Such legal entitlements can include your medical bills, the pain you’ve endured, and your emotional distress. If the accident produces disability in some form, that too is a justifiable request. When your construction site fall injury is very serious, it can put a strain on your body, your finances, and of course, your family.

In the case of whether you fell from scaffolding, or scaffolding collapsed on you, or scaffolding collapsed while you were on it. You’ve been injured and you need help; real help. You are not without your rights. You must, of course, focus exclusively on your recovery. That’s important. But you can’t take short cuts that could hurt your claims and your legal case further down the road. The laws that made workers’ comp more complex in Texas are a serious challenge to your ultimate compensation when all this is done. And often there are parties that may talk a good game in pledging they have “your best interests” at heart. If this is you: one who has suffered an injury while working on a construction site by falling from scaffolding or some other height, or it collapsed on or under you, then you are right to consider seeking legal restitution to recover all appropriate damages.

Personal injury claims and lawsuits involving construction companies are complicated. The best legal strategies for your case differ because they are based on whether you are a subcontractor, contractor, or employee: and whether the construction company subscribes to workers’ compensation insurance or not. It’s a lot of territory to cover. And no two cases are mirror images of the other.

For instance, you should know that the laws which make non-subscribers liable for their employees’ injuries don’t apply directly to contractors. Often, construction companies think they can escape legal liability for injuries without even paying for workers’ compensation insurance by hiring contractors instead of employees. Unfortunately, this strategy all-too-often works for the companies, especially when they don’t have an experienced construction injury and workers’ comp attorney like our lead attorney when one is injured in a scaffolding accident.

It’s hard not to feel that the laws surrounding Texas workers’ comp and the contractors who benefit from it the most work to allow them to avoid all liability. Many personal injury firms will drop your case immediately upon initially learning you are not an employee, but not having the curiosity to really investigate that point. You hear so many urban myths about how a workers’ comp subscriber company makes them immune to lawsuits; or how employers can sometimes evade an actual “employer-employee” relationship by diving through a loophole in the law. But when held to the light of truth, they don’t always hold up when you have a team of experienced falling accident injury attorneys like those at our Texas Law Office advocate your case.

You can put the experience of a construction site/falling injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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Seek Medical Attention Immediately After Your Construction/Scaffolding Accident

If you’ve been hurt while on the job, the first thing you need to do is seek the proper medical attention. The doctor who treated your wounds has told you to continue your recovery treatment. Do it! We might be together for several months. And we’ll tell you right off the bat that our successful clients are typically those who do everything they can to recover from their injuries. After all, if you don’t care about your health why should they be asked to pay? Think about it.

Your health is of the utmost importance. Being examined by a medical professional is important both for your life and your case. If you need assistance seeking medical help that can take your personal and financial status into consideration, let us help. We have a large network of trustworthy medical professionals that we can point you to. In addition, we may be able to help you see a doctor at no cost to you. We can even show you how the time you take off from work to get care may be compensable by the defendant. Once you have left the emergency room or trauma center, whether you’ve been admitted to the hospital for a few more days or are recovering at home, your next step involves seeking legal assistance in order to assess your employer’s workers comp status, and begin the road to fiscal recovery as well.

Assessing Your Workers’ Comp Status Properly Dictates the Game Plan
The Texas Legislature enacted the Workers’ Compensation Act in 1992 and, according to that law; employers who choose to purchase workers’ comp get special incentives and unusual protection. These incentives don’t necessarily work in your favor if the injury is serious. The chief protection for employers who pay for workers’ comp coverage is that – with one most unusual exception – they cannot be sued for any more than a capped amount of compensation money. Essentially, one-in-two Texas employers subscribe to workers’ comp. It is optional for employers: not the norm for a majority of states in the state. Considering the benefits of workers comp, that’s a pretty low number. We suspect the percentage is even a bit lower than half in the construction industry.

Did You Know?
Our Texas Texas attorneys have won hundreds of construction accident cases. Call us today to discuss your case.

You need to know your Texas employer’s workers’ comp status. It determines your legal options in regards to what typically begins as your insurance claim. An employer that has workers’ comp is called a subscriber. An employer who does not have such liability coverage is labeled a non-subscriber. Knowing that simple fact makes a big difference in your case and determines how we approach it. It determines the starting point in how your claim is filed and what compensation you may be entitled to receive.

The right answer about whether an employer is a subscriber or a non-subscriber to Texas workers’ comp law is not always forthcoming. Very often employees of a company don’t even know. Sometimes employers give the wrong answer when asked. Sometimes the answer to the question is not clear and sometimes the company doesn’t have a clear cut policy for dealing with accidents on the job.

Workers’ comp is an expensive program and some companies choose not to buy it, reasoning that they can save money as long as no one is injured. If they were smart, they’d look at their business like all successful people when they financially protect their home and hearth. The first check every month goes to the mortgage company. The second goes for the insurance. That’s a smart plan. You might see the irony of it as we visit further. Even if it’s not cheap, workers’ comp rates, across the board, are less than market rates; even if the cost of workers’ comp for an employer is related to how risky the job is: the same holds true for commercial underwriters; just higher premiums.

However, inevitably there will be an accident that produces serious injuries. As a workplace attorney with more than two decades of experience working on behalf of scaffolding accident victims, our Texas work accident attorneys have encountered situations where companies have blatantly answered falsely when asked if they are a subscriber to Texas workers’ comp.

When the odds catch-up with these “subscribers in sheep’s clothing,” they try to avoid a lawsuit when there’s a serious injury. These employers may try to quickly pay victim’s benefits normally received from workers’ comp and ask them to sign what they may represent as a “standard workers’ comp release” in order to further their deception and get off the hook. Some of these forged forms look pretty professional too. But it’s a trick so don’t fall for it

You can put the experience of a construction site injury lawyer to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now for a free consultation and find out how we can help you.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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Sometimes Workers’ Comp Benefits Work Well: Especially if Viewed as a Compensation Foundation

Workers’ comp benefits originate from a “pool” of funds. The pool is replenished by private insurance carriers that participate in the program. It protects subscriber-employers from lawsuits and generally disregards the legal rights of employees to be fairly compensated in the case of severe injury when the employer is truly negligent. This is because it limits, or “caps,” the monetary compensation an injured employee can receive. If your employer subscribes to workers’ comp, it provides some reimbursement to injured employees who are hurt on the job site: primarily expenses directly linked to medical bills and compensation for a certain amount of lost income during recovery. It’s basically “no-fault” insurance because those covered by workers’ comp are reimbursed, no matter how the accident occurred or whose fault it was. But many times the amount of money you receive doesn’t cover the actual expenses of an on the job injury, especially if it is severe. And we’ll go over that in greater detail later.

But on the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must file a lawsuit in civil court. Fortunately, for the injured party, the prerequisites that encourage companies to subscribe to “no-fault” workers’ comp insurance are somewhat relaxed. And these same lower standards of proving subscriber negligence also apply against a non-subscriber in a civil case. So it’s not as difficult to lay the true liability at the feet of a non-subscribing employer for serious on-the-job accidents.

This is what we meant when suggesting that your construction site injury lawyer know how to work both sides of the workers’ comp street in order to get to the bottom of your injury compensation status. That’s because there’s a trump card to all of this. And it surrounds third parties to your scaffold or other fall injuries. If workers’ comp creates a void between what you’re getting and what you need to recover, third party defendants who had a hand in your injury could be exposed to our filing insurance claims or lawsuits against them. Rare is there a time where there is a single negligent act that contributes to your injuries and massive expenses like medical bills, pain and suffering, lost wages, and rightful disability payments. Those same damages, and more, are available to the surviving family members of a loved one who was fatally injured in a scaffold or some other construction fall.

Much of the time, a total compensation package finds workers’ comp is the foundation and a successful third party claim or (judgments) to bringing the total damages received to a more appropriate level as the best legal recourse is available to seriously injured workers like you. you. Once we identify the nature of your employer’s workers’ comp standing and conduct a thorough investigation of all facets and parties involved, we can then move forward together to secure your fair injury and damage compensation.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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The Type of Compensation that Injured Workers can Expect from Subscriber Companies

Workers’ comp does not include coverage or reimbursement for any pain, suffering, or even general damages, aside from the income and medical expenses specified. Wages you lost while you were absent from work, recovering from your accident, capped at a maximum of $600 per week, may be paid to you. Let’s say you’re a carpenter who earns $1,300 a week for 50 hours of work. It takes a month for you to recover enough to return to work. That means you earned 50 percent of what you normally take home. So your monthly budget has taken a big hit.

You are also entitled to complete reimbursement for all your medical costs, such as those surrounding medical treatment, prescription and over-the-counter drugs, and other medical supplies you needed to recover from your injury. Ongoing treatment and medical needs are also potentially reimbursable. If you incur travel expenses in seeking medical treatment, supplies and prescriptions, those may likewise be recovered

But if you become disabled, other than a four figure initial payment sum, this formula and cap amount holds true even in the case where you’ve been permanently disabled and are unable to work for the rest of your life. In other words, you may have to make do with such paltry benefits for the rest of your life. You and your family might never get out of that “void” for if your compensation package is limited only to workers’ comp. Are you beginning to see the value of negligent third parties who can be proven liable and a become a rightful supplemental compensation source?

Liable Non-Subscribers to Workers’ Comp Can be Employers or Third Parties
Non-subscribing companies have an almost unlimited liability to be sued while a subscriber employer is protected against lawsuits and the damages assessed against them are much more limited. By choosing to not be forthright about their worker’s comp status, a liable employer may lead an injured employee to think that he or she has little in the way of redress and that the employer has little in the way of liability.

As we’ve mentioned, a non-subscribing (or uninsured) company may even try to pay an injured employee out of pocket (and usually off-the-books, while saying that the money is actually coming from an insurer or workers’ comp. Accepting such an explanation (and quick settlement which is a low-ball attempt) is certainly never in your best interest. Always keep this in mind: if you are injured or hurt in a scaffolding or other construction fall, you’re probably entitled to far more compensation than you would be receiving, regardless of the coverage. The hush money offered is almost certainly a pittance compared to what the law would likely find in your favor.

In order to further punish non-subscribing employers, Texas workers comp laws remove the damage cap that would be in place if the employer had purchased workers comp insurance. The crane accident victim must merely prove standard negligence, even if the employer only committed a momentary lapse in safety. As you can guess, the laws governing these principles are extremely intricate. So in order to succeed you will need a crafty crane-related accident lawyer to assist you through every complexity of this challenging legal process.

However, just because there’s no workers’ comp court red tape, that doesn’t mean it’s any easier to ensure your right to compensation. It’s a legal action like any other, and as with any such serious matter you need professional representation. The non-subscriber employers (actually, their insurance companies) will almost always contest your claims.

There are two special challenges that you need to anticipate when trying to collect from, or sue a nonsubscriber. The first one is this: even though they don’t carry workers’ comp non-subscribers usually carry some form of insurance, if they’re smart. It will be responsible for paying at least part of your claim: certainly larger than workers’ comp awards. Therefore, not only will your employer have an interest in defending against your claim, so will his or her insurance company because that’s what it’s for: to get them off the hook or pay the claim if their adjusters and lawyers fail in their attempt.

They have a team of sophisticated attorneys in thousand-dollar suits and insurance adjusters ready to attack your case. The adjusters you’ll see in a lawsuit like yours aren’t the same “friendly” adjusters who handle your fender-benders. For high-dollar cases like yours, insurance companies usually use their best people. The adjusters who work on these injury cases are highly trained and very experienced pros who have gotten to their current positions by denying claims and saving their employers money.

They will have teams of attorneys to try to pick apart your claims. They contest your statements. They file nuisance motions. They will do everything they can to make an accident look like you were the sole proximate cause, i.e. wholly responsible for the construction site accident. They will try to undermine any evidence you bring to prove the elements of your claim since you have the burden of proof. All they have to do is say “prove it.” If you can’t, everything stops right there. Here’s where your falling accident injury attorney’s investigative prowess and experience at countering even the most frivolous counter-charge turns the spotlight of truth back where it belongs: the spot where their client-defendant stands.

This is even more complex than it sounds. You must show that the defendant; be it your employer or that third party; is at least partially responsible for the accident, that the defendant’s negligence caused the injuries, and that you are entitled to a specific amount of damages as compensation for your injuries. It might seem like a one-strike-and-you’re-out system most of the time. If you miss evidence on even one of these points, your claim could stand to be dismissed. An experienced legal “pinch hitter” at least gets you three strikes; and a better chance of winning.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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The Other Non-Subscriber Defense: Questioning the Employer-Employee Relationship

The sole proximate cause defense is not the only option non-subscribers use after an injury has been suffered by an employee. Many clever employers begin avoiding liability even before accidents occur by trying to distance themselves from you as an employee, and their responsibility to fairly compensate you. Some even begin constructing that paper trail to prove their argument from the first day you show up for work.

Texas Employers are not responsible for what happens to contractors if they are injured at work. So, many companies will claim to hire their employees as contractors. By calling you a contractor, your employer believes it’s possible to deny that an employer-employee relationship existed; and then tell you that you don’t have a legal claim for your injury-related damages. Their logic is simple: why should they be responsible for an injury to a person who was technically never their employee to begin with?

While many employers try to claim they hire their employees as contractors or as temp workers through a third-party, many times they know an actual employer-employee relationship exists and an injured worker has a right to fair compensation. So don’t be fooled. Even though your employer claims you are a contractor, you are likely still an employee in the eyes of the law and are due compensation for injuries suffered on the job.

A skillful and well-seasoned Texas accident injury lawyer knows how to prove the employer-employee relationship by meeting at least one of the following standards:

Social security or taxes have been withheld from your paycheck by your employer.
The essential equipment or tools used for the job was supplied to you by your employer.
Your work has been regularly managed, overseen, or inspected by your employer.
A specific work schedule has been set for the job by your employer. You are not free to come-and-go as you please.
Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.
You have been employed for an undetermined period of time and not just for a single job.
You are paid by a salary or an hourly wage and not on a job-by-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 generally similar. But there can be some crucial differences. Some of these conditions may include:

If the borrowing employer has the power to hire or fire a borrowed worker at any time, the worker is clearly an employee. Otherwise, the worker is a contractor
Most of the time, if the borrowing employer is allowed to pick a particular worker, then 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 tools, that person is a contractor. If the employer provides them, the worker is an employee.
If the employment agency can substitute the borrowed worker for another at-will, 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. If the worker is borrowed for a specific project with a specific date of completion, the worker is a contractor.
If a worker is being borrowed or “leased” because of a skill that is unique or hard-to-find, 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 fill, then the worker is an employee.
If the borrowing employer agrees to pay the worker’s social security and income tax, then the worker is an employee. If the borrowing employer does not accept this responsibility, then the worker is a contractor.
We conduct a thorough investigation to demonstrate the existence of one of these standards and prove an employer-employee relationship exists. We depose co-workers, review contracts, and examine pay stubs to establish that you were in fact an employee when you suffered your workplace injury.

A couple of other important “things to consider:” If you were hired by an employment agency to work at an “employer’s” company and suffered a workplace-related injury (or a relative was accidentally killed) your attorney must determine if the employment agency has workers’ comp. If so, then you would file a workers’ comp claim against the agency, which would then make the company where you actually performed the work a third-party contributor to the accident. Also, if your employer loaned you out to another company where the accident occurred, the issue of workers’ comp subscription with your employer must first be clarified, then the company where you suffered your injury will likely be treated as a third-party defendant in any civil claim or lawsuit.

This again brings another important point to mind. As we have previously told you, workers’ comp claims are less-than-adequate when major injuries are involved, including wrongful death. So the traditional way for an employee to recover fair damage compensation is to file a workers’ comp claim against the employer of record (assuming that employer subscribes) and then supplement the claim with the appropriate number of third party claims or lawsuits.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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My Case Seems Open and Shut. Why Do I Need Representation?
Oh Really: who told you that?

In all non-subscriber and third party workplace injury claims defendants can have large insurance companies and lots of attorneys to oppose you. Or your employer will be “self-insured” or uninsured. At this point it makes little difference as all fight very hard to avoid paying for your injuries.

Non-subscribers are represented by insurance companies who have attorneys either on-staff or on permanent retainer. And they are very skilled at defending insurance companies from people like you. Insurance companies are in the business of collecting high premiums, and then avoid paying claims. That’s great news for policyholders when they get in trouble, right? They are confrontational and intimidating from the start. But they don’t scare an experienced work accident attorney like those with our Law Firm who know every trick they pull, and how to counter it.

But self-insured employers who are liable for workplace injuries or those who have no insurance whatsoever are a different animal altogether. They resort to anything that will work for them once an injured worker takes legal action to recover damages. Some of their tricks are shameful at best. Others are nothing but illegal.

You will seek a settlement from an officer of the self-insured company or maybe even directly from your employer if it is a small company. In either event, the income of whomever you deal with is likely tied directly to company profits. Any damage amount paid to you for an injury comes directly out of those profits. So by compensating you, your employer literally takes money out his own pocket. We are rarely surprised when a sneaky, self-insured company officer uses any and all means to deny your claim in order to protect his company’s (and his personal) assets.

Self-insured or uninsured employers can deliberately dispose of evidence and sometimes even pay witnesses to “disappear.” Other times they’ll bribe or intimidate witnesses, even you: sometimes going so far as resorting to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court that prevents anyone with the company from behaving inappropriately against our clients. Sometimes these motions include a clear demand that they make no attempt to communicate with our clients in any way without one of our attorneys present.

Take Action: Contact our Law Firms after a Scaffolding Construction Site Fall
While your employer may have been too cheap to buy worker’s comp coverage, you can be certain that he or she will think nothing of paying tens of thousands of dollars for an experienced and shrewd attorney who knows how to make victims appear negligent for their own injuries, especially in a crane accident case. So not only are you saddled with the “burden of proof,” but you also must bear the burden of DIS-proving all these counter-charges that only serve to cloud the issue of liability. Here’s where your own cunning attorney to place fault back where it belongs, the negligent employer becomes a powerful weapon in your fight for fair damage compensation

Don’t accept a settlement from any defendant or any insurance company that waives those parties’ liability, and your right to ask for more if it becomes necessary. These types of offers are rarely fair. Unfortunately, they are usually legally binding. If you sign one of these documents without a lawyer or accept fast cash from one of the defendants, there may be little we can do to salvage your legal rights. Don’t do anything that is binding after your scaffolding accident until you’ve spoken to a lawyer.

You’ve been hurt once. Don’t let those who negligently caused your work accident injury victimize you and your family even further.

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March 26, 2020February 3, 2022 Frank PichenLeave a comment

legal- 3/26/2020 -Daycare Abuse & Accidents – gtg

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Your Opponents in a Daycare Abuse or Negligence Lawsuit Vigorously Defend Themselves

When an employee of a daycare center is found liable for an incident of child abuse or neglect, the employer’s themselves, and their parent company (if it is a chain) can be held legally liable for this matter. But sometimes finding out who the actual owner of a daycare center is can pose several challenges. While some daycares are privately owned, many others are owned by parent corporations with substantial legal clout on their side. And some daycare centers can be owned by “shell corporations” where the actual owner is not readily known without a great deal of intense investigation. Without an experienced Texas daycare abuse attorney to investigate the case, and represent you, justice for your child could end before it begins.

In addition to any legal investigation, it is possible that discovering the actual owner of a daycare facility may require the work of investigators to uncover the truly responsible owner who bears the financial liability for your child’s daycare abuse. And then all liable parties must have their finances investigated in order to understand those who will be able to pay legal damages once they are awarded to you.

That company’s insurance carrier is all but certain to be responsible for the defendant compensating you in a daycare liability case. But be aware that insurance companies all-too-often have experience in dealing with similar cases brought against the defendants they represent, as well as civil liability cases in general. Insurance carriers – and their attorneys – are well-armed to aggressively defend their interests to the fullest; because if they are successful, the insurance carrier stands to save a great deal of money.

But the strength of your case coupled with our very persuasive attorneys can just as easily produce an acceptable compensation amount, which means your family and abused child will not have to live through the ordeal of a civil trial. In fact, once they see just how strong your case is, the insurance carrier and their defendant are more apt to settle for a reasonable amount just because they don’t want the media notoriety represented by a civil child abuse or neglect trial. Many times, such trials end up being the death of the defendant daycare center.

If you suspect your child may be suffering from physical abuse, emotional abuse, or sexual abuse at a daycare center, contact Our daycare facility abuse liability attorneys. We provide a free, comprehensive, and fully confidential legal consultation. We encourage you to ask however many questions you need in order to completely understand your child’s daycare abuse injury case and how it is best pursued.

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Contact Our Law Firm to Speak with a San Antonio Daycare Facility Abuse Liability Attorney

Aside from the fact that these defendants might also have to answer criminal charges, a personal injury lawsuit can be brought against those same responsible people for child abuse at a Texas daycare facility. And even though no amount of money may seem fair compensation for the suffering your child and family must bear, that damage award the center and its insurance company are forced to pay will seem like “just desserts” for their behavior. By winning your case or winning negotiations against those who are negligent or abusive to your child, you are working to fight daycare abuse or neglect all over Texas and the state: and helping to save other families from the agony and pain you and your child are now dealing with.

If you suspect your child may be suffering from physical abuse, emotional abuse, or sexual abuse at a daycare center, contact our daycare facility abuse liability attorneys. We provide a free, comprehensive, and fully confidential legal consultation. We encourage you to ask however many questions you need in order to completely understand your child’s daycare abuse injury case and how it is best pursued.

Once we learn more about the facts surrounding the case and your needs, we can share all possible legal options with you and their likely result. Once you engage our Law Firm, we will conduct an in-depth investigation of every aspect surrounding the daycare provider, its workers, and the abuse you suspect. If we happen to find additional criminal evidence, we will certainly turn it over to the proper legal authorities for them to investigate further, because if criminal charges apply, not only will the abusive defendants be facing prison time, it significantly strengthens your civil case. We will aggressively negotiate with all of your opponents, their insurance companies, and lawyers, to reach a fair settlement for you. And if they don’t want to settle, we’ll just as forcefully represent you and your child in court.

We also despise those who abuse and neglect children and believe these monstrous people must be held fully accountable for their actions. They deserve to be brought to full justice for their offenses. Your violated child deserves a chance to heal from this terrifying ordeal, as does your entire family.

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