Our Defective Tire Lawyers Fight for Your Accident Injury Compensation Rights

If you or a loved one have recently been involved in a serious vehicle rollover accident, it’s possible that your tires might have played a part, or even been the cause of the mishap. And because of the injuries and other damages you’ve experienced from this unfortunate event, you have a right to seek fair compensation from any party whose negligence played a role in causing that wreck. Might your tires have been defective either in the way they were designed, constructed, or maintained? If so, then this article about the part tires play in rollover accidents will be of great benefit to you as you consider your legal options.

Tires are a vital safety system on your car because they are literally your first line of defense against the road itself. So if a blowout suddenly happens, especially if you are traveling at high speeds, and some sort of tire defect or negligent service work is the culprit, the results can be catastrophic when that tire causes you to lose control. These accidents also endanger the people and the property that is in your uncontrolled path of careening destruction.

Defective tire accidents usually display a different series of characteristics not found in other vehicle mishaps. Tire blowouts, and their subsequent rollovers can be quite complicated due to the forensic difficulty and many different factors that can come into play. More than one party could be liable for the injuries (or deaths) to the vehicle’s occupants, and property damage. So your ability to find and retain the right Texas tire defect attorney who understands all nuances of these contributing elements and how they relate to each other in your accident. When you think about it pragmatically, the only realistic strategy for you to recover fair compensation through a civil action against all responsible defendants involves just such a lawyer.

More expensive legal damages commonly arise in defective tire and blowout wreck. They usually create serious, even gruesome injuries to their victims. And an unusually large number of deaths are found in defective tire and rollover accidents: more than in any other kind of vehicle wreck, with the possible exception of those involving 18-wheelers.

But it is not unusual to find many denied claims by the involved insurers, which means the numbers of civil actions arising from defective tire/rollover accidents can be high simply because of these denials. And therein lies a problem for the victims since there are so many discrete factors in identifying the causes of defective tire and blowout accidents. These injury cases are very tricky to successfully settle, or adjudicate in your favor without a skilled defective tire attorney at your side.

Put our years of experience 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 secure from your auto injury or death case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damage or loss you have suffered.

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Reasons Why Tire Defect Accident Cases are Different from Other Vehicle Accidents

There could be more than a single defendant in a tire blowout/rollout accident: which probably comes as little surprise. Sometimes it is due to a manufacturing defect, which means the company that made your tire bears some liability. But it is also possible that your tires’ inability to perform properly was caused by any number, or a combination of other reasons such as:

The tire may not have been properly installed or mounted when you purchased it.
The tires may not have been maintained properly by your car care center’s professional tire technicians.
The tire on your vehicle may not have been properly matched to your vehicle’s needs, in which case your auto manufacturer, or the retailer who sold and installed your tires, might share some blame.
Other factors may have also contributed to the accident. This is why all potentially liable defendants must be subjected to a very thorough investigation, in addition to the physical evidence from the accident itself in order to fully understand why a tire’s failure caused your rollover accident. But one other thing: if you think we’re only talking about tires on your vehicle that might have caused a serious wreck, what part might defective or improperly serviced tires played in a wreck in which you were the victim? What if you were hit by a vehicle with bad tires and how do you identify them? Keep that thought in the back of your mind as you read on.

Any one of a host of different parties that have a part in the design, selection, installation, manufacture, and maintenance of a tire that caused your accident may be liable for your injuries and other damages. The Firestone Tire rollover accidents on Ford Explorers years ago is a perfect example of several seemingly unrelated factors combining to produce rollover tragedies, tens of millions of dollars in property damage, many injuries, and some deaths. Media attention first cast suspicion on Firestone itself as the cause. Then as investigations unfolded the spotlight shifted to Ford. But when the investigation was complete, no single reason for this higher-than-normal number of wrecks could be found.

Rather, the full investigation, which took almost a year, they found a combination of liability factors involving the tires themselves, incorrect tire specifications by Ford, and even some incorrect aftermarket service (and in some cases, the wrong tire inflation specifications) as all having played prominent parts in this confluence that produced this multitude of rollover tragedies.

Intensive investigations can reveal many reasons that point to the vehicle’s manufacturer’s liability. Other evidence can be attributed to different liable defendants in the “tire aftermarket chain.” Some (but not all) of the entire list of possible manufacturer roles in defective tire-induced rollover accidents involve:

The vehicle’s suspension design, relative to roll resistance in both the static (empty) and loaded state may have contributed to the defective tire accident.
The vehicle’s crashworthiness in a defective tire rollover accident. Some are better at protecting their passengers better than others, over and above-mandated vehicle safety standards.
Did the seat belts operate as-designed to protect everyone in the vehicle? And if the auto had airbags, did they operate as designed?
How well does any supplementary safety equipment protect the vehicle’s passengers in a defective tire accident?
…along with a host of other factors that may come into play once a thorough investigation of your rollover accident is complete.

Though Tires are Meant to be Durable, Human Error Makes Nothing Perfect or Infallible
Unless they need immediate attention or suddenly fail, just how often do you think of your tires: not much? We thought so.

Very few really understand how complex today’s vehicle tires are. Many think of them as little more than “just another car part,” and nothing more. And though a tire might seem a simple device that rarely comes to mind, it is actually a very sophisticated mechanism in both the way it functions and the manner in which it is created. Tires must put up with a lot of physical stress such as extreme heat and cold, unforgiving road conditions, and just as often, unexpected extreme driving hazards like sudden starts, stops, and violent maneuvers by the driver to avoid the many sudden dangers found on today’s roads and highways.

Tires are made up of a wide variety of materials that are fused-together through the very sophisticated heat treatment process known as vulcanization. Their complex material makeup (rubber, steel, and heat-resistant fabric), molecular structure, and construction methods notwithstanding, an awful lot goes on into the design and creation of your tires, much more than you might think.

Consider the life of the lowly tire for just a moment. It might further inspire you to steer clear of that next pot-hole infested street and find an alternate route. Think about your tires when you must make a sudden, violent swerve to avoid something in the road or have to suddenly stop on a dime to avoid rear-ending the driver in front of you who also suddenly stops-short. And what about all those nails or screws in the road that find their way into your tread without your knowledge? You know it happens all the time. The life of a tire is filled with daily hazards. Even if it is a marvelous and very durable invention that most of the time is designed and manufactured correctly, if it is defective or improperly serviced, it could be a tragedy waiting to happen, on your car or the one headed your way.

Automotive engineers design their tires to perform as your car’s “fifth spring.” This is due to its natural tendency to absorb and release the energy that normal contact with the road causes. This spring-type elasticity makes them behave much like the heavy springs that make up every car’s suspension system. We simplify this important fact because, unlike those metal coil or leaf springs, your tire does not have what is known as a “fixed spring rate” which is a mathematical formula used in determining its ability to absorb road or driver-induced stress.

This is why, depending on the tire’s physical condition, it may behave like a “good spring.” It helps support your car’s aversion to roll (or lean or yaw when you corner or suddenly change lanes). But your tires can also behave like a “bad spring.” And this can have a significant, sometimes disastrous, effect on the way your vehicle handles. It feels “soft” or “mushy” when you drive normally or react quickly, and can actually encourage your car to roll. “Bad spring” tires can make a vehicle look like its ever-so-slightly crabbing to one side as it drives down the road.

Put our years of experience 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 secure in the event of an accident, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Your Tires are Your Vehicle’s “Shoes” and the First Line of Defense in Preventing Accidents
Tires experience wide temperature variances as they heat and cool when your car accelerates, brakes, or turns corners. A well designed, well-maintained tire can withstand these heat cycles just fine. But where does the heat come from? Have you ever bent a paperclip back and forth until it broke? You probably noticed that at the point where it broke, the metal became noticeably hot. This release of heat is a basic property of physics which states that the natural displacement of any physical energy is heat. This is the basic equivalent to what occurs in your tire, though at much higher rates. The flat spot on the underside of the tire is called the “contact patch:” which actually grips the road. It can be likened to that “hot part” of that paperclip we just mentioned. When your vehicle brakes, accelerates, and maneuvers, tremendous amounts of heat are generated in the contact patch. That heat then spreads very quickly throughout the tire, which is actually designed to displace it.

But then, and very quickly, that heat buildup begins to spread throughout the tire, not only from the contact patch, but the friction of the wheel itself turning. Just think of the heat that is generated in a “burn out” when someone accelerates so hard that smoke comes from the tire. And if that isn’t enough heat, even more is generated inside the tire as those compressed air molecules constantly collide with each other under pressure that is also caused by the weight of the vehicle itself. So, three sources of energy and heat are all being absorbed by your tire: a LOT!

These multiple sources of heat produce tremendous stress on the tire, which is why it is constructed to withstand it, to begin with. But over a period of months or years, these heat cycles will ultimately break down any tire, no matter how well it is constructed. And yet, a common type of defect within a tire is where heat causes rapid or unexpected degradation of the tire’s carcass. This is a huge safety hazard. It also explains the “recommended mile rating” for tires. A tire that has a 40,000-mile rating will begin to physically break down at that point, no matter how well-maintained it is or how safe the driver operates his or her vehicle. So if you are a reasonable driver, and your 50 thousand mile rated tires are showing quicker than normal wear-and-tear at 25 thousand, you might have a problem. And if you ignore that problem, is a tragedy just around the corner? Or did it just happen?

Understanding the properties that govern tire performance is important. A tire’s many characteristics, the many different stresses they are subjected to, how durable they are meant to be, and how defects in the way they are made, mounted or maintained, along with whether the tires you have are the right ones for your car, minivan or pickup, can all directly or indirectly contribute to a serious defective tire rollover accident.

Put our years of experience 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 secure in the event of an accident, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Defective Tire Blowouts Cause Serious Accidents and Often Involve Many Liable Parties
Defective tire accidents often begin as product (or service) liability cases. You, the plaintiff, ideally through the efforts of your tire and rollover accident lawyer must prove negligence by any, or a combination of:

The tire manufacturer.
The auto manufacturer.
Anyone who has serviced your tires: be they the corner garage to a national auto center.
If your attorney’s investigation reveals more than one liable defendant, you’ll have a basket full of insurance companies, adjusters and lawyers coming at you from all directions and all at once. So if you have an experienced defective tire legal mind fighting for you who knows how to juggle a lot of opponents simultaneously and is not be fazed by this mob of opponents, and can keep them off your back, then you are already ahead in the game of winning compensation.

Defective tire blowout accidents often produce the most serious, even catastrophic, injures and tragic fatalities in many of them. And with the possibility of multiple defendants, your attorney must begin investigative action immediately. Physical and forensic evidence must be quickly collected and preserved. We need to know the history of the tires from the moment they came off the production line, how they were serviced and your auto itself. Industry experts on tires, the causes and results of the accidents they produce must be sought-out. All this is done so those who are liable for your accident are properly identified among a large roster of possible defendants. And while your attorneys do this for you, your opponents are doing the very same thing together, for you are their common enemy. And they often jointly mount an aggressive defense against your insurance claim or lawsuit.

The Texas tire defect attorneys at our Law Office have successfully argued many accident cases caused by defective tires and blowouts. We have been down this road many times and know all the steps you must take to counter the tricks your opponents play in their attempts to frustrate and deny your claim. And again, we remind you, what if none of this applies to your vehicle, but the one that hit you and caused your injury, or another’s death? Do you think the insurance companies and their lawyers want you to know this? Of course not: which is why you need an experienced defective tire attorney to investigate this for you.

Put our years of experience 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 secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Damages That Can Be Sought in the Wake of Injury From a Defective Tire (and Rollover) Accident

There are two different types of damages in personal injury cases in the State of Texas. They are general damages and special damages.

Because general damages do not have a tangible value associated with them, they can be subject to a certain amount of interpretation when establishing their value and differ from situation to situation in the way they are calculated. Some, but not all, examples of general damages can include pain and suffering, mental anguish, physical impairment, emotional suffering, injury to your reputation and disfigurement.

To better understand the subjectivity of general damages, imagine two victims of a blowout accident caused by defective tires where the vehicle rolled over and exploded. Both were badly burned. But one plaintiff was unconscious during the explosion. And though he suffered horrible burns, he was not mentally alert to experience the pain as it happened. But the other plaintiff was just as badly burned and fully alert enough to experience the full and terrible agony of his burns as they happened. So even though both of these victims may end up with similar injuries and medical expenses, each experienced a different level of pain and suffering. So it is likely that the monetary damages each victim receives will be different: and the victim who was conscious will receive higher compensation for comparatively more pain and suffering.

Another reason general damages can be subjective is because every person is affected differently by, their injuries. If a 30-year-old beauty contestant has a large scar on her face from a rollover wreck caused by defective tires, she is more apparently affected by her mutilation than a 35-year-old firefighter; and has a right to higher compensation. Some people are not as concerned about their physical appearance as others whose reputations rely more heavily on their looks. The beauty queen’s damage is a more traumatic event in this comparative case, and justifies a higher compensation amount.

The other classification, special damages (also known as economic damages), is any form of damage that has a specific dollar amount. A few examples of special damages include lost wages, past, present, and future medical expenses, property damage, court costs, and the loss of present and future earning capability.

Imagine that same 35-year-old firefighter who made $60,000 a year is no longer able to work after losing a leg in a defective tire rollover accident. He can’t perform the job-related physical tasks that he has done so for many years; and would have been able to perform for many more. This fireman will lose a significant amount of future income he normally would have earned over his remaining 30+ years of expected firefighter employment. Texas law recognizes this and allows him to ask for (in this case) at least $1.2 million in damages due to lost earning capacity, in addition to any other special and general damages that might apply to his case.

But just because that fireman or beauty queen has a right to ask for these significant damages, proving it to a jury, or convincing a multitude of defendants to fairly settle a defective tire rollover accident injury case is not automatic, especially if you do not have the assistance of a defective tire and rollover accident lawyer with our Law Firm.

Your Insured Opponents Work to Deny Your Rightful Damages
Since a lot of money is involved in your personal injury case against the identified defendants from your defective tire rollover accident it is certain that insurance companies will be at the bottom of your opposition. They have a lot of money which they will fight tooth-and-nail to keep. They have excellent lawyers, either on-staff or on-retainer. And these lawyers work with the insurance companies’ adjusters to foil you from collecting reasonable damage for your medical bills, pain and suffering, lost wages, future income if you are disabled and property damage.

This is why you must have an experienced personal injury attorney who specializes in tire defect/rollover accidents: including the capability to mount a thorough investigation and call on whatever expert witnesses are necessary to produce the strongest possible case for you.

With over 30 years of experience fighting the insurance companies, Our Texas defective tire and rollover accident investigative specialists and attorneys meticulously build strong cases that actually encourage insurance companies to reasonably settle your case: which means they (and you) avoid the dubious risk of an expensive trial and you are able to receive the money you are entitled to: money that you need to resume your life and recover from this tragedy as best as you can.

Put our years of experience 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 secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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What Survivors Must Consider When a Family Member Dies in a Defective Tire Accident

Our lawyers even more thoroughly appraise every wrongful death case in order to maximize its potential value when filing a claim on behalf of surviving family members. Any good personal injury or wrongful death attorney has this refined ability to properly identify and calculate all the damages that a client is entitled to.

Your family’s lawyer must win the highest fair compensation to you – the family of the deceased – and prevent future similar accidents by bringing charges against all negligent parties. Under Texas civil law, defendants who are not held legally accountable for a death under criminal law, can still be held fiscally accountable for deaths they may have caused through a civil lawsuit for damages. Occasionally, our investigations into a tire-related wrongful death lawsuit arising from defective tires might reveal evidence that proves the death was the result of an intentional act. When that happens we hand that information over to district attorneys if they wish to pursue criminal charges against the perpetrators.

Surviving family members in wrongful death lawsuits can win the same types of damages we have already outlined for accident victims who do not die for not only traditional injury damages but also wrongful death damages owed the surviving family members who lose a loved one in a tragic and needless defective tire accident. Only spouses, children, parents, and, in rare cases, dependent siblings are allowed to seek wrongful death damages in most Texas car accident cases. Damages often include the victim’s medical expenses prior to the death, funeral expenses, loss of future monetary support the deceased victim would have provided to his or her family, compensation for mental and emotional trauma to the family as well as and the emotional loss of the unique familial love that the deceased victim can no longer share with the family.

The closest living relative may purse survival damage compensation, with the spouse typically being the first one who can rightfully claim. If there is no spouse (in most cases ex-spouses cannot file) the right to file for survival damages then passes to the children with the oldest being first. If there are no living children, the next in line are the deceased victim’s parents and finally, fellow siblings.

A wrongful death suit is the only way to bring those who caused the death of your loved one to full civil justice. But it is not unusual for some of the laws governing wrongful death to overlap with other, more general damages. This can at times complicate the issue of appropriate compensation, and is another reason why you need assistance by an experienced defective tire lawyer to win the fair value of the compensation you seek, either through a civil trial or insurance settlement.

Put our years of experience 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 secure from the loss of your loved one, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the loss you have suffered.

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Getting Back on the Road to Recovery after a Vehicle Accident Involving Defective Tires
The first thing you need to understand when it comes to any accident injury, regardless of the circumstances and if you wish to seek legal damages:

Did You Know?
Our Texas Defective Tire attorneys have won thousands of cases. Call us today to discuss your case.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. Failure to do this will irreparably damage your legal position!

We hope you better understand why rollover and tire defect accident cases are so difficult to win. They demand an experienced attorney if you expect any chance of success. They can be very labor-intensive and require hundreds of hours to investigate, negotiate, and if-necessary, favorably litigate in civil court. When your Texas defective tire and rollover accident attorney has the experience and track record to understand each one of every complex element of your defective tire injury claim, your chances of winning significantly increase.

Once you and your lawyer agree that you have suffered significant harm that justifies pursuing a legal claim for damages in an accident involving defective tires, blowouts and/or rollovers, the next step is to determine who caused it. Was there negligence and if so, whose fault is it? Then, once you know who is liable for the accident and its tragic consequences, how do you counter the underhanded and aggressive tactics of the attorneys, insurance companies and their adjusters who wish to deny your rightful compensation? They work together to deny their clients’ responsibility. And since defective tire accidents can involve many potentially liable parties who owe you fair compensation, you can appreciate your need for an experienced defective tire lawyer to champion your cause.

For over 30 years our Law Firm has helped many victims, and their families, of a defective tire, or a blowout or rollover accident. If you or a loved one has suffered from such an accident, it is best for you to call us today for a free consultation with our team of experienced accident injury lawyers who are adept at representing victims of wrecks caused by defective tires and blowouts. We can answer any of your questions about the specific details of your case and help you on the road to recovery.

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Did a Tire Blowout injure You or Your Family in a Rollover Auto Accident?

When a tire blowout accident occurs (or if a blowout results in a rollover accident to a passenger vehicle), it is more than possible that victims who suffered injuries have the right to seek compensation for their injuries, pain, suffering, and other accident-related damages. That is why it is essential for you to know a few things as you carefully reflect on whether or not to seek compensation for damages and injuries. Because of the negligence of another is the root cause of this disaster, compensation by those liable parties for your damages is not only appropriate, it’s a necessity.

With over 30 years experience dealing with tire blowout and rollover accident cases, the attorneys at our Texas Law Offices can certainly help you navigate the hazards ahead regarding the complex legal process of filing, and winning a fair damage amount for your injuries, pain, suffering and the many other legal damages owed to you by such negligence.

One of the most vital elements of a vehicle’s safety is the tires. If your moving vehicle isn’t safely in contact with the road, many things can happen: most of them bad. If a blowout suddenly happens, especially if you are traveling at high speeds, it can be catastrophic for you and all your passengers: possibly even fatal. But blowouts also endanger the people and the property that are nearby when such horrific accidents occur.

There are quite a few different types of motor vehicle-related accidents. And liability cases that apply to them are all different. Such is the case in a blowout/rollover. Blowout wrecks usually display a different, usually more violent, series of characteristics not found in most other accidents. Tire blowout mishaps, and the rollover injuries they often cause, tend to be quite gruesome. And part of the complication, past greater and more terrifying injuries wrought from such wrecks is the distinct fact that there might be many different contributors to them. By definition, this means there may be a LOT of liable defendants for the injuries to the occupants and physical damage resulting from them So your ability to find and retain the right rollover accident lawyer who understands all of these diverse, subtle causes, and how they paint the picture of total liability to injuries that can be some of the worst a human can experience in a vehicle, is the only way for you to recover fair compensation through a civil action against these negligently responsible defendants.

A dramatic increase in damage and injury is common in tire blowout and rollover accidents when compared to many other auto accidents. Cars can quickly become airborne and hurtle toward buildings, highway support beams, over guardrails headed for 30-foot free-falls or plow into other cars with the impact of a howitzer shell. Very serious and unbelievably gruesome injuries are associated with them. Even a larger percentage of deaths can arise from a blowout/rollover accident than you might find in any other kind of vehicle accident, with the possible exception of those involving 18-wheelers or other large commercial trucks.

But it is also not uncommon to find lower insurance payouts to those who file insurance claims for blowout/rollover accidents – at least in proportion to the injuries and damages that occur. Nor is it uncommon to find many denied claims by the involved insurers, which means the numbers of claims that are litigated are higher than normal due to these arbitrary denials. These are but a few of the factors can illustrate why you must quickly engage an experienced accident liability lawyer if you are injured in a tire blowout accident or the rollovers they cause.

Because there are so many discrete factors in a blowout/rollover accident, and because of the complications of claiming and proving fair damages, these accident injury cases can be extremely difficult to successfully settle, or adjudicate in your favor without a skilled Texas defective tire attorney at your side.

Put our years of experience 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 secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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More Reasons Why Tire/Rollover Accidents Can be Very Different From Other Wrecks

One outstanding difference between a blown tire auto accident and the more traditional types is that the number of responsible defendants is usually higher; especially if an immediate primary cause continues to elude investigators. Granted, they may be looking at a blown tire. But how did it get that way? And in accidents where the rollover is due to a tire defect or some other explainable malfunction, it is possible that manufacturers might have to bear some liability. But it is also equally conceivable that the tires’ inability to perform properly was caused by any number, or a combination of, additional reasons such as:

The tire may not have been correctly installed or mounted when it was purchased new, or might have been the object of improper maintenance by an auto service company.
The tires may not have been maintained properly by professionals at, for example, a full-service gas station (yes, there are some still around).
The tire in-use may not have been suitable for your vehicle’s specifications, in which case your auto manufacturer or the retailer who sold and installed your tires must share some (or all?) of the blame.
Or several other subtle factors not listed above may have been present. And because a plethora of liability factors must each be weighed, and possibly attributed to a different party, a very thorough investigation of all events that contributed to a tire’s failure which caused your serious blowout- rollover wreck must be stringently probed.

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

The famous Firestone Tire rollover accidents on Ford Explorers are a classic example of shared responsibility. In the beginning it was not known that several contributing factors responsible for that rash of blowout accidents that produced many rollovers, a lot of property damage and injuries, as well as some deaths. The initial suspect was the tires alone. Then it shifted to the automaker. But after a lot of random speculation and finger-pointing, it was ultimately learned that there was no single reason for this higher-than-normal number of wrecks. Rather, the gaggle of experts pointed to a combination of liability factors involving Firestone tires, incorrect tire specifications by Ford, and some aftermarket service practices on the part of auto centers all led to incorrect maintenance (and in some cases, the wrong inflation specifications) as having played prominent roles in most of these mishaps involving Firestone Tires and Ford Explorers.

This shows why any of the often many companies that have a part in the design, selection, installation, manufacture, and maintenance of a tire that caused your accident may be forced to bear some liability for your injuries.

Thorough investigations can reveal a bevy of reasons that point to the vehicle’s manufacturer’s liability. Some of the reasons listed below were found to be Ford’s portion of blame in the above mentioned Firestone/Explorer investigations.

But the entire list of possible manufacturer liability for blowout/rollover accidents involves:

The vehicle’s suspension design, relative to roll resistance in both the static (empty) and loaded state which may have contributed to the blowout, rollover accident.
The vehicle’s crashworthiness in a rollover accident may come into play. Some are more durable and protect their passengers better than others.
And what about the seat belts? Did they operate as-designed to protect the vehicle’s occupants? And did the airbags – if the vehicle has them – operate the way they were supposed to?
How well does any supplementary safety equipment protect the vehicle’s passengers in the event of a rollover?
…and a host of other dynamics that may come into play once a thorough investigation of your rollover accident is complete.

Put our years of experience 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 secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Tires Are Supposed to be Durable: But That Doesn’t Always End up Being the Case
Let’s face it. We NEVER think about our tires: until we need them, or when they fail.

Few understand how complex today’s vehicle tire is. Many see it as little more than something that touches the road and think nothing more about a tire. It seems to be such a simple device that we rarely consider that it is actually a very sophisticated thing in both its function and the way it is constructed. Tires must absorb a lot of stress that includes extreme heat and cold, brutal road conditions, and just as often, sudden extreme driving conditions like sudden starts; stops and abruptly violent maneuvers by the driver in order to avoid sudden encounters with many hazards found on today’s roads and highways. We all assume they will work: and that’s that. No worries; Right? Not so fast there.

Tires are composed of a wide variety of materials that are fused-together through an involved heat treatment process known as vulcanization. And the vulcanization process itself has undergone many changes since it was invented not long after the Civil War. So in addition to their complex material makeup, molecular structure, and construction process, a lot goes on into the design and manufacture of your tires, much more than you might ever comprehend.

Consider the fate of the lowly tire for a moment as you drive around the pot-holed streets and highways, or when you must make a sudden, violent swerve to avoid an obstacle, or have to stop on a dime to avoid rear-ending the driver in front of you who also suddenly stops-short: and what about that nail or screw in the road that your tire picks up that you know nothing about? There are times when a tire is a blowout time-bomb just waiting to go off. Life for a tire is filled with daily hazards, even if it is a marvelous and very durable invention that you trust without thinking; because you assume it was manufactured and serviced correctly.

Those who build and service cars and trucks for a living will tell you that the tire is designed to perform as your car’s “fifth suspension spring.” This is due to its natural tendency to absorb and release energy. This spring-type elasticity makes tires behave much like the four heavy springs that are elemental to your car’s suspension system. And though we don’t want to appear too technical, we share this important fact because, unlike the metal coil or leaf springs that are part of your vehicle’s traditional suspension system, your tire does not have what is known as a “fixed spring rate” which is a mathematical factor used in determining its ability to absorb road or driver-induced stress. Sometimes it’s great; occasionally greater than the designers might have envisioned, which is certainly good.

This is why, depending on the tire’s physical condition, it may behave like a “good spring” (or very good spring). It keeps your car from swaying (in other words, to lean or yaw when you corner or suddenly change lanes). But your tires can also behave like a “bad spring.” And this can have a significant, sometimes disastrous, impact on the way your vehicle handles. It feels “soft” or “mushy” when you handle it or react quickly, and can actually encourage your car to roll over if great lateral forces suddenly push it to one side or the other.

Put our years of experience 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 secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Think of Your Tires as Your Vehicles Shoes

And here’s another factor to consider. The weight of your car or truck on the tire presses its’ surface into a flat spot where it comes into contact with the road. This area where “the rubber meets the road” is known as the “contact patch.” As the round shape of the tire is bent in response to the road surface, the contact portion of the tire becomes compressed into a flat one. This compression produces energy that is released in the form of heat on the tire’s surface. Anyone who understands simple physics knows that whenever energy is released due to any sort of physical activity, it produces heat: sometimes a lot of it.

This tire compression’s heat combines with the additional heat that is generated inside your tire itself, which is another source of friction that is caused by compression of the air itself under the weight of the vehicle as it rolls. So the combined heat generated by a rolling tire and the weight it must bear as your vehicle moves, forces a drastic change, and increased stress on your tire’s mostly rubber structure. This stress is bad enough during the winter. But in summer, it’s brutal. Some hot August afternoon after you’ve parked your car after driving it for several hours straight, touch one of your tires. This heat can be as high as 400 degrees Fahrenheit. We guarantee your hand won’t be there for longer than a nanosecond. You could literally fry an egg on the surface of your tire.

We’ve taken the time to explain the properties that govern tire performance because it’s important for you to understand a tire’s many characteristics, the many different stresses they are subjected to, how durable they are meant to be, and how defects in the way they are made, mounted or maintained, along with whether the tires you have are the right ones for your car, minivan or pickup, can all directly or indirectly contribute to a serious blowout or rollover accident. No wonder there are so many different explanations for why a tire suffers a blowout, and why there can be so many defendants if yours did blow and injured you or your family, or killed a loved one.

When thinking about all of these different elements and considering that the contact patches on four tires are little more than four cubic feet, you can better-appreciate just how crucial the tire is in terms of safe handling. So in addition to tire durability, it is also the job of your car’s manufacturer to perform the right calculations to determine the best tire for each vehicle. And sometimes the manufacturer or the store that sold you the tires simply makes the wrong choice. Maybe such a mistake was made to yours.

Put our years of experience 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 secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Rollover Accidents Are Complicated and Often Involve Many Liable Parties

Most of the time tire rollover accidents begin as product liability cases. And the foundation for any successful product liability case involves the plaintiff (you with the assistance of your Texas defective tire accident lawyer} being able to prove negligence by any, or a combination of, the tire manufacturer, the auto manufacturer, or anyone who has serviced your tires, be it the corner garage or a national auto center chain. And because the defendant’s table is likely to become quite crowded with many liable parties, you must have the most experienced legal minds in your corner.

We also have mentioned that rollover accidents caused by a tire blowing-out often produce the most serious, even catastrophic, injures and tragic fatalities in all too many cases. The stakes are extremely high when so many parties and contributing factors to the blowout meet under the emotional circumstances surrounding an insurance claim or civil suit. And things can quickly get extremely contentious and stressful.

Once retained, your experienced law firm must spring into investigative action immediately. Evidence must be quickly collected and preserved. Thorough research must be undertaken into the history of your tires, how they were serviced, and your auto itself. Industry experts on tires, rollover accidents, and any other conceivable facets that may have caused your accident must be sought-out. Forms must be filled out. Motions must be filed, and considered by the court. And all this is done so those who are liable for your accident are correctly identified among the many possible culprits. And don’t forget the asset checks in order to determine who is solvent.

And while your attorneys and staff members are doing this for you, your opponents are doing the same thing. Because you are their common enemy, they often compare notes on what they find so they can jointly mount an aggressive defense against your insurance claim or lawsuit.

Our rollover accident lawyers have successfully argued many blowout and rollover accident cases. We have been down this road many times and know all the steps to take to counter the tricks your opponents play in their attempts to frustrate and deny your claim.

Put our years of experience 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 secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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The Damages you May Seek After Injury or Wrongful Death From a Rollover Accident Involving Defective Tires

The State of Texas allows plaintiffs to seek two distinct types of damages in a personal injury case. They are general damages and special damages.

Because general damages do not have a tangible value associated with them, this makes them subject to not only interpretation, but possible scrutiny by both defense attorneys and the court. They can differ from situation to situation in the way they are calculated. Some, but not all, examples of general damages can include pain and suffering, mental anguish, physical impairment, emotional suffering, injury to your reputation, and disfigurement.

To better understand the subjectivity of general damages, imagine that two victims are in a blowout accident where the vehicle rolled over and exploded. Both were badly burned. But one plaintiff was unconscious during the explosion. And though he suffered horrible burns, in his unconscious state he was not able to experience the pain as it happened. But the other plaintiff was just as badly burned and fully alert-enough to experience the full and terrible agony of being burned. So even though both of these victims ended up with similar injuries and medical expenses, each experienced a different level of pain and suffering. So it is quite likely that the monetary damages each victim is entitled to for pain and suffering would be different.

Another reason general damages can be subjective is because every person experiences, and is affected differently by, their injuries. Let’s say a 30-year-old beauty contestant has a scar on her face once her treatment of blowout accident injuries is completed. She is certainly more apparently injured by her disfigurement than, for example, a 35-year-old firefighter and has a right to higher compensation. Some people are not as concerned about their physical appearance, while others depend more heavily on their reputation or appearance. And sometimes that makes the damage to that person’s reputation a more traumatic event; and therefore justifies more significant compensation.

The other classification, special damages (also known as economic damages) is any form of damage that has an explicit dollar amount. A few examples of special damages include lost wages, past, present, and future medical expenses, property damage, court costs, and the loss of present and future earning capability. Special damages tend to be more objective and easier to calculate

Imagine that a 35-year-old plaintiff, who worked as a lineman for the electric company and made $60,000 a year, is no longer able to work after losing a leg in a blowout rollover accident. He can no longer climb electrical poles or do other job-related physical tasks that he has years of experience doing. He will lose a significant amount of future income he normally would have earned over his remaining 30+ remaining years of expected employment as a lineman. So Texas law allows him to ask for at least $1.2 million in damages (30 years times $60,000) due to lost earning capacity, in addition to any other special and general damages that might apply to his case.

But just because that lineman or beauty queen has a right to ask for these significant damages, proving it in court, or convincing a multitude of defendants and their insurance companies and attorneys to fairly settle a blowout or rollover accident injury case is far from guaranteed, especially if you do not have the assistance of a rollover accident lawyer with our Law Firm.

Put our years of experience 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 secure from your auto accident or injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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What Survivors Must Consider When a Family Member is Killed in a Blowout/Rollover Vehicle Accident

An essential trait found in a good personal injury or wrongful death attorney is a refined ability to properly account for, and calculate ALL of the damages that a civil litigant is entitled to. Our lawyers thoroughly appraise every case in order to maximize its potential value in filing a wrongful death claim on behalf of surviving family members after the wrongful negligence-related death of a loved one.

Two primary goals lie at the heart of such lawsuits. The plaintiff’s lawyer must secure adequate financial compensation to the family of the deceased and prevent such future accidents by bringing charges against all negligent parties. Under Texas civil law, defendants who are not held legally accountable for a death under criminal law can be held fiscally accountable for deaths they may have caused through a civil lawsuit for damages.

Sometimes, when investigating to establish grounds for a civil lawsuit to resolve a wrongful death, our lawyers might find evidence that proves the death was the result of an intentional act, and we are able to assist district attorneys in pursuing criminal charges against the perpetrators. Aside from that, the monetary damages we secure further prevent the responsible parties from repeating their negligent, and sometimes reckless, behavior. And if criminal charges are brought against negligent parties in connection with your deceased family member’s blowout/rollover accident, even if a guilty verdict is not rendered in the criminal case, the very fact that charges were filed tends to strengthen the position of any subsequent civil actions against those same defendants.

Surviving family members in wrongful death lawsuits can win the same types of damages we have already outlined for accident victims who do not die. But these traditional injury damages can be awarded in addition to supplementary wrongful death damages that are rightfully due to the surviving family members whose loved one dies in a blowout or rollover accident: such as pain and suffering by the deceased family member as well as that suffered by the surviving family members.

In Texas, only spouses, children, parents, and, in rare cases, dependent siblings are allowed to seek wrongful death damages in most car accident cases. These damages may include the victim’s medical expenses prior to the death, funeral expenses, loss of future monetary support the deceased victim would have provided to his or her family, compensation for mental and emotional trauma as well as the emotional loss of the unique familial love that the deceased victim’s family will no longer receive.

The closest living relative may purse survival damage compensation, with the spouse typically being the first one who can rightfully claim such damages. If there is no spouse (in most cases ex-spouses cannot file) the right to file for survival damages then passes to the oldest child (oldest first). If there are no living children, the next in line are the deceased victim’s parents and finally, fellow siblings.

A wrongful death suit is the only way to bring those who caused the death of your loved one to full civil justice. But it is not unusual for some of the laws governing wrongful death to overlap with other, more general damages, making the issue of appropriate compensation quite complicated at times. This is why you need assistance by an experienced rollover accident attorney to win the fair compensation you seek, be it through a settlement or a civil trial.

Put our years of experience 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 secure from your loss, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the loss you have suffered.

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Getting Your Life Back After a Blowout/Rollover Vehicle Accident

Tire defect accident cases are difficult to assign liability in order to win. They demand an experienced attorney in order to offer any chance of success. They can be very labor-intensive and require hundreds of hours to investigate, negotiate and if necessary, litigate in your favor. When your attorney has the necessary experience and proven track record to understand every one of the complex elements that come into play and how they relate to each other, your chances significantly increase that you will win your case.

If you have been in such an accident, you need to contact an attorney who can give you the best results possible. Our rollover accident lawyers suggest that you speak with two or three before choosing the one to handle your case. Ask him about their experience in handling cases similar to yours. Make sure to discuss their record in litigating and settling blowout and rollover vehicle accident cases. Also ask the attorney to provide you with the name and contact information of a former client or two with cases similar to yours. And then call them. Do not hire the attorney unless you trust him or her and are confident in their ability to handle your case in the same manner as you would if you were an attorney.

They should be prepared to provide services that we do, which include:

Ensure that our clients receive the medical care they require in order to recover from their injuries.
Conduct an in-depth investigation to determine the cause of the car accident. This includes asset checks of all defendants to make certain they can pay damages.
Gather evidence, including witness statements, photographs, forensic tests, and police reports that we will need in order to prove your claims.
Respond to and send discovery requests.
Manage ALL the paperwork, filings, responses and all phone calls related to your claims.
Use our stellar reputation to pressure the defendants into a fair settlement.
Act as mediators for our clients’ cases.
File lawsuits and argue them aggressively to prove your damage case in front of a jury.
Fairly and accurately calculate all damages resulting from the car accident and demand fair compensation for you.

Once you and your lawyer agree that you have suffered significant harm that justifies pursuing a legal claim for damages in a tire blowout and rollover accident, the next step is to determine who caused it. Was there negligence and if so, who was at fault? And once you know who is liable for the wreck, how do you counter the underhanded and aggressive tactics of the attorneys, insurance companies and their adjusters who wish to deny your rightful compensation? Their lawyers will do everything to deny their clients’ responsibility for the damages and injuries to you, your family, or even the death of a beloved spouse or child. And since, as you now know, blowout/rollover accidents can involve many potential liable parties who owe you fair compensation, you can appreciate this “stacked deck” against you and your need for an experienced local rollover accident attorney to champion your cause.

For over 30 years our Law Firm has helped many victims, and their families, of a tire blowout and rollover accidents. If you or a loved one has suffered from such an accident, it is best for you to call us today for a free consultation with our team of experienced tire blow out and rollover accident injury lawyers.

If you have been injured, then call a specialized rollover accident attorney with our Law Firm and find out how we can help. We can answer any of your questions about the specific details of your case and help get you back on the road to recovery.

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Our Texas Defective Tire Attorneys Fight for Your Accident Injury Damage Compensation

It’s a little known fact that tires are a primary cause of many passenger vehicle accidents, especially those involving rollovers, which lead to the victims suffering serious injuries. Many times, even with NHTSA-rated safer vehicles, those injuries can be catastrophic and produce many wrongful deaths. These injured drivers and passengers often have the right to seek fair compensation if negligence is proven to have had a hand in causing the tire blowout/rollover accident.

When you or a loved one is seriously injured in a defective tire blowout or rollover accident, you must be aware of several issues that will impact your quest for compensation for the injuries and damages you have suffered.

A most vital element to a vehicle’s safety is the tires. And if your vehicle isn’t firmly in contact with the road, many things can happen, and none of them are good. If a blowout suddenly happens, especially if you are traveling at high speeds, it can be a catastrophe for you the driver, and all your passengers. But accidents due to defective tires and blowouts also endanger the people and the property that are nearby when such unforeseen and tragic wrecks suddenly occur.

There are many types of vehicle-related accidents. And how liability cases are applied to them can vary greatly. Because of that, defective tire wrecks usually display a unique series of characteristics not found in most other vehicle accidents. And the injuries and damages are often much more serious than many traditional vehicle accidents. Tire mishaps, and the rollovers they often cause, tend to be quite complicated because there might be a variety of contributing factors to them and just as many sources of liability for the injuries to the occupants and physical damage they cause. So your ability to find and retain the right defective tire lawyer who understands all of these subtle elements and how they relate to each other is the only way for you to recover fair compensation through an insurance claim or civil action against the responsible defendants.

A dramatic increase in damage and injury are common in blowout accidents caused by defective tires. Very serious and even gruesome injuries are associated with them. Even a larger percentage of deaths can arise from a defective tire rollover accident than you might find in just about any other kind of vehicle accident, with the possible exception of those involving 18-wheelers.

Nor is it uncommon to find lower damage awards to those who represent themselves and file insurance claims for defective tires and blowout accidents, relative to the injuries and damages that occur. And it is not unusual to find a great many denied claims by the involved insurance companies. These factors clearly illustrate why you must quickly engage an experienced accident injury lawyer if you are injured in a defective tire accident or the rollovers they cause.

And since there are so many discrete factors when it comes to defective tires and blowouts, and because of the complications of claiming and proving fair damages, these accident injury cases are very tricky to successfully settle, or adjudicate in your favor without a skilled defective tire personal injury attorney to represent you.

Put our years of experience 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 secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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What Makes Rollover & Tire Defect Accidents so Different From Other Accidents?

One big difference between a blown tire auto accident and the more traditional types is that the number of responsible defendants can be higher. In serious wrecks where the rollover is due to a tire defect or some other explainable tire malfunction, the manufacturers of the tires might need to bear some liability through a defective product lawsuit. And it is quite conceivable that the tires’ inability to perform properly was caused by any number, or a combination of, additional reasons such as:

The tire may not have been correctly installed or mounted when it was purchased.
The tires may not have been maintained properly by professional tire technicians during routine maintenance at a dealer or some other vehicle service company.
The tire may not have been suitable for your vehicle’s specifications, in which case your auto manufacturer or the retailer who sold and installed your tires might share some, or all, of the blame.
And there are several other factors not listed above may have been involved in your defective tire accident. And because each of a large number of factors must each be weighed, and possibly attributed to a different party that is only revealed after-the-fact, a very thorough investigation of all events that contributed to a tire’s failure which caused your rollover accident must be rigorously conducted.

The well-known Firestone rollover accidents on Ford Explorers years ago focused on several factors that were suspected for that rash of accidents that caused many rollovers, a great deal of property damage, many serious injuries, and some deaths. In spite of what was initially reported in the media, it was ultimately discovered that there was no single reason for this higher-than-normal number of wrecks. Instead, investigations pointed to a combination of liability factors involving Firestone tires, incorrect tire specifications by the Ford Motor Company that resulted in mismatched tires being mounted on Ford Explorers, and even some aftermarket service practices on the part of auto centers that led to incorrect maintenance (and in some cases, the wrong inflation specifications). The final conclusions pointed to all of these factors as having played roles in most of these unfortunate events. And it also reinforced the notion that accidents involving defective tires are very difficult to investigate, and then prove in court, which liable parties owe the accident victims legal damages.

This shows why any one (or several) from a host of possible defendants that have a part in the design, selection, installation, manufacture and maintenance of a tire that caused your accident may be forced to bear some liability for your injuries.

Thorough investigations reveal all of the true reasons that point to the vehicle’s manufacturer’s liability. Some (but not all) of the reasons listed below were found to be Ford’s portion of blame in the above mentioned Firestone/Explorer investigations, while other factors were attributed to other liable sources in the “tire aftermarket chain.” But the entire list of possible manufacturer liability for defective tire accidents involves:

The vehicle’s suspension design, relative to roll resistance in both the static (empty) and loaded state which may have contributed to the blowout, rollover accident.
The vehicle’s crashworthiness in a defective tire rollover accident. Some are more durable and protect their passengers better than others.
And what about the seat belts? Did they operate as-designed to protect everyone in the vehicle? And did the airbags, if the auto has them, operate the way they were supposed to?
How well does any supplementary safety equipment protect the vehicle’s passengers in a defective tire accident?
A host of other factors may come into play in your insurance claim or civil case once a thorough investigation of your rollover accident is completed by your defective tire/rollover accident attorney.

Put our years of experience 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 secure from your accident or auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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We trust the Durability of our Tires: Even if Sometimes That Trust is Misplaced
We tend to take our tires for granted; that is, until we need them, or when they fail.

Few people really appreciate how complex today’s tires are. Many see them as little more than something that touches the road and think nothing more about it. And though a tire might appear to be a simple piece of a car’s equipment that we rarely think about, they are actually very sophisticated in both their function and the way they are created. Tires must absorb a lot of stress such as extreme heat and cold, sometimes brutal road conditions and very often, unexpected and extreme driving demands like sudden starts, stops and abrupt maneuvers by drivers when they must abruptly react in order to avoid the many hazards found on today’s roads and highways: not to mention the occasional nail that finds its way into your tires’ tread, which if left unrepaired, can be a disaster waiting to happen to you and your family.

Tires are composed of a wide variety of durable materials that are literally “melted” together through vulcanization, a very complicated heat fusion process. Aside from their complex material makeup, molecular structure and construction process, a lot of time and thought goes on into the design and manufacture of your tires, much more than you might think. And if that design is to be maintained for the life of your tire, it must be inspected and serviced regularly; past the simple task of regularly checking the air pressure.

Consider the life of the lowly, unappreciated tire for a moment. Think about your tires when you must make a sudden, violent swerve to avoid an obstacle or have to stop on a dime to avoid rear-ending the driver in front of you who also suddenly stops short. And let’s not forget the many metal hazards in the road that become embedded in your tire without your knowledge, or cut deep gashes in the tread, often without your knowledge as you continue down the road. How often do you take time to regularly inspect your tires? But even with the daily hazards, they must deal with, tires are marvelous and very durable inventions that most of the time are designed, manufactured and serviced properly.

Those who build and service motor vehicles for a living will tell you that the tire is designed to perform as your car’s “fifth spring.” This is due to its natural tendency to absorb and release the energy that normal contact with the road, and its many hazards, causes. This spring-type elasticity makes tires behave much like the four heavy springs that are make up your car’s suspension system. And though we don’t want to get too technical with our explanation, we share this important fact because, unlike the metal coil or leaf springs that are part of your vehicle’s traditional suspension system, your tire does not have what is known as a “fixed spring rate” which is a mathematical factor used in determining its ability to absorb road or driver-induced stress that is used in evaluating auto suspension systems.

This is why, depending on the tire’s physical condition, it may behave like a “good spring.” It helps reinforce your car’s aversion to roll (or lean or yaw when you corner or suddenly change lanes). But your tires, if they are worn, or defective or improperly serviced, can also behave like a “bad spring.” And this can have a significant, sometimes disastrous, impact on the way your vehicle handles. It feels “soft” or “mushy” when you handle it or react quickly. It can even encourage your car to roll or “drift.” “Bad spring” tires can make a vehicle look like its slightly crabbing as it drives down the road. And this is certainly not good.

Put our years of experience 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 secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Did Your Vehicle’s “Shoes,” (Your Tires) Cause Your Rollover Accident?

The weight of your car or truck on the tire presses its’ surface into a flat spot when it comes in contact with the road. This area where “the rubber meets the road” is known as the “contact patch.” As the round shape of the tire bends in response to the road surface, the contact patch becomes compressed. This compression produces energy that is released in the form of heat on the tire’s surface. A rule of simple physics states that whenever energy is released due to any sort of physical activity, it produces heat. With tires, that heat can be very high.

This rolling tire compression’s heat combines with even more heat that is generated inside your tire, which is another source of friction that is caused by compression of the air inside the tire itself under the weight of the vehicle as the tire rolls over the road. So the combined heat generated by a rolling tire and the weight it must bear as your vehicle moves, forces a drastic change, and increased stress on your tire’s rubber outer structure. This combined stress is bad enough during the winter. But in summer, the typical Texas heat can make a tire’s surface absolutely brutal. Some hot summer afternoon after you’ve driven your car for a few of hours and then park it, touch one of your tires. Its surface heat can be as high as 400 degrees Fahrenheit. You could fry an egg on the surface of your tires. We guarantee your hand won’t be there for longer than a nanosecond.

Understanding the properties that govern tire performance is important. A tire’s many characteristics, the numerous different stresses they are subjected to, how durable they are meant to be, and how defects in the way they are made, mounted or maintained, along with whether the tires you have are the right ones for your car, minivan or pickup, all directly or indirectly contribute to a serious defective tire rollover accident.

When thinking about all of these different elements and considering that the contact patches on four tires are little more than three or four cubic feet, you can better-appreciate just how crucial the tire is in terms of safe handling and supporting a two, three or four thousand pound auto. So in addition to tire durability, it is also the job of your car’s manufacturer to perform the right calculations to determine the best tire for each vehicle. And sometimes the manufacturer or the store that sold you the tires simply makes the wrong choice. Maybe such a mistake was made to yours. Sometimes in a tire retailer’s effort to give you a price you will accept, they might sell you the wrong tire must just to make the sale.

Put our years of experience 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 secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Defective Tires and Blowouts Cause Serious Accidents Can Often Involve Many Liable Parties

Tire rollover accidents usually start out as product liability cases where the plaintiff you, along with your rollover accident injury lawyer, must prove negligence by any, or a combination of, the tire manufacturer, the auto manufacturer, or anyone who has serviced your tires, from the corner garage to a national auto center chain. And because there could be a lot of defendants, that translates into a lot of obstacles and many opponents (along with their own interests) that stand in your way to just damage compensation. It’s also a very clear reason why you must have the most experienced legal minds in your corner. Because your defective tire lawyer must know how to juggle a lot of balls and not drop a single one.

We also have mentioned that accidents caused by a defective tire blowing-out often produce the most serious, even catastrophic, injures, and tragic fatalities in many cases. So not only is any civil action against multiple defendants (and their insurance companies) complicated, it can get extremely expensive when it comes to ultimate damages awarded by a jury. The stakes are extremely high when so many parties and contributing factors to the defective tire meet under the emotional circumstances surrounding an insurance claim or civil suit. Things can quickly get quite “chippy” and very stressful.

Once your experienced lawyer is retained, he must spring into action immediately with an investigation. Evidence must be quickly collected and preserved. Thorough research must be researched into the history of your tires, how they were designed, sold, and serviced as well as your vehicle itself. Industry experts on tires, rollover accidents, and any other conceivable facet that may have caused your accident must be found. Reams of legal forms must be filled out. Motions must be filed, and considered by the court. All this is done so those who are liable for your accident are properly identified from what can initially be a large number of possible culprits. And all defendants must have their assets (and insurance coverage) confirmed so you’ll know you can be compensated by solvent defendants. After all, what’s the point of suing someone who cannot afford to pay you?

And while your attorneys do this work for your case, our opponents, their insurance carriers and their lawyers are doing the very same thing. For you are their common enemy. So they often will mount a coordinated and very aggressive defense against your insurance claim or lawsuit. And there’s one other thing about multiple defendants. Once we rule them out, it’s not unusual for them to “change sides” and become allies. Strange things can sometimes happen in a lawsuit. Today’s enemy can become tomorrow’s ally.

The local defective tire attorneys at our Texas Law Office have successfully argued many accident cases caused by defective tires and blowouts. We have been down this road many times and know all the steps to take to counter the tricks your opponents play in their attempts to frustrate and deny your claim.

Put our years of experience 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 secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Seeking Damages After Surviving Injury From a Defective Tire (and Rollover) Accident
There are two distinct types of damages in personal injury law: general damages and special damages.

General damages do not have a tangible value associated with them, which makes them subject to a great deal of interpretation when calculated. They can also differ from case to case. Most examples of general damages can include pain and suffering, mental anguish, physical impairment, emotional suffering, injury to your reputation and disfigurement.

To better understand the subjectivity of general damages, imagine that two victims are in a blowout accident caused by defective tires. They were trapped in the vehicle when it exploded and were badly burned. One plaintiff was unconscious during the explosion. And though he suffered horrible burns, unconsciousness allowed him to not have to suffer even worse pain as it happened. But the other was just as badly burned and fully conscious to experience all the terrible agony. It can be effectively argue that even though both of these victims ended up with virtually identical injuries and medical expenses, the conscious plaintiff suffered more pain and suffering and can rightly ask for greater pain and suffering damages.

Another reason general damages can be subjective is that every person experiences and is affected differently by their injuries. Let’s say a 30-year-old beauty queen has a scar on her face from a defective tire rollover wreck. She is certainly more apparently injured by her disfigurement than a 35-year-old firefighter. In the eyes of the law, if she is represented by a compelling attorney’s arguments; she can anticipate higher compensation. Some people are not as concerned about their physical appearance, while others depend more heavily on it. And sometimes that makes the damage to that attractive person’s reputation a more traumatic event and justifies more significant compensation.

Special damages (also known as economic damages) is any form of damage that has an explicit dollar amount. A few examples of special damages include lost wages, past, present, and future medical expenses, property damage, court costs, and the loss of present and future earning capability.

Imagine that a 35-year-old plaintiff who worked as an electrician or lineman and made $60,000 a year is no longer able to work after losing a leg in a grisly defective tire accident. He can no longer climb electrical poles or do other physical tasks necessary for his job that he has years of experience doing. This lineman stands to lose a significant amount of future income he normally would have earned over his remaining 30+ years of expected employment as a lineman. Texas law recognizes this and allows him to ask for at least $1.2 million in damages due to lost earning capacity, in addition to any other special and general damages that might apply to his case.

But again, having an experienced lawyer to make a compelling case for such a damage insurance claim is the lynchpin to a successful personal injury case. Just because that lineman or beauty queen has a right to ask for these significant damages, proving it in court, or convincing a multitude of insurers to fairly settle a defective tire accident injury case is far from guaranteed.

Put our years of experience 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 secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Insurance Opposition and Their Adjusters

Most every opponent will be covered by some sort of private liability business insurance. In league with their insurers, aggressive adjusters and sharp attorneys, they will oppose you to the end of the earth. And they’re a very effective team at denying your right to compensation. The adjusters are the front line and hope to fool you into thinking they’re on your side. And the lawyers are either on-staff or retainer, and wear very expensive suits. Plus, you’re playing their game by their rules on their field. How’s that for an obstacle?

Adjusters bug you at all hours, record your conversations without telling you (bad news), and can never seem to tell you your claim is about to be paid. That’s because it won’t unless you force them by quickly retaining an even sharper vehicle accident injury attorney who knows all the tricks and how to counter them. Do you? One thing, you won’t have to talk to any adjusters because that’s our job. Then they can’t hang you with your own words and use them as their excuse for denial.

And then when your opponents sic their lawyers on you, they’ll return with news that your case has been investigated, is sound, and they should settle, eventually, after a few more trick attempts at us. And we’ve seen those too.

The deal is this. In these kinds of cases, most of the time both sides find a fair figure in the middle. If that figure reflects your true damages, then we settle together. If it’s not, we take your good case to court highly confident that you will get that amount.

Put our years of experience 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 secure from your auto injury case, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered.

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Survivors Have Even Greater Rights When a Family Member Dies in a Defective Tire Vehicle Wreck

When a loved one has been killed in a defective tire and/or rollover wreck, two primary objectives lie at the heart of a wrongful death claim or lawsuit. The plaintiff’s lawyer must secure adequate financial compensation to the family of the deceased. The attorney must also work to prevent future similar accidents by bringing civil charges against all negligent parties. Under Texas civil law, defendants who are not held legally accountable for a death under criminal law can still be held fiscally accountable for deaths they may have caused through a civil lawsuit for damages. This is because negligence is not always a crime, unless it is willful, purposeful or malicious.

Surviving family members in wrongful death lawsuits can win the same types of damages we have already outlined for victims in a defective tire accident who do not die. Even more wrongful death damages are rightfully owed the family who’s loved one dies.

In Texas, only spouses, children, parents, and, in rare cases, dependent siblings are allowed to seek wrongful death damages in most wrongful death cases. They include the victim’s medical expenses prior to the death, funeral expenses, loss of future monetary support the deceased loved one would have provided to his or her family, compensation for mental and emotional trauma (to both the deceased victim and surviving family member) as well as and the emotional loss of the unique familial love that the deceased victim’s family will no longer receive.

The closest living relative may purse survival damage compensation, with the spouse typically being the first one who can rightfully claim such damages. If there is no spouse (in most cases ex-spouses cannot file, unless it is in the “name” of a surviving child) the right to independently file for survival damages then passes to the children (oldest first). If there are no living children, the next in line are the deceased victim’s parents and finally, fellow siblings.

A wrongful death suit is the only way to bring those who caused the death of a loved one to full civil justice. But it is not unusual for some of the laws governing wrongful death to overlap with other, more general damages, making the issue of appropriate compensation quite complicated at times. This is why you need assistance by an experienced defective tire lawyer to win the fair value of the compensation you seek, be it through a settlement or civil trial.

But let’s not stop there. Sometimes, when investigating to establish grounds for a civil lawsuit to resolve a wrongful death, our defective tire wrongful death lawyers might find evidence that proves the death was the result of an intentional act. We’ll quickly hand that information over to district attorneys who might then also pursue criminal charges against the perpetrators of the fatal accident.

Put our years of experience 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 secure from the loss of your loved one, call our Law Firm now for a free consultation and find out how we can help you recover the full fair value of the loss you have suffered.

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Begin Your Road to Recovery after a Vehicle Accident Involving Defective Tires

Just a few hours ago, one of your family members, or more, was involved in a serious vehicle accident. We truly hope all will recover. And we cannot impress on you enough that you are at the foot of a very large legal mountain that you cannot climb yourself. We do hope you have an appreciation of why rollover and tire defect accident cases are so difficult to win; even for experienced accident lawyers like our Law Firms. Take it from us, it is NOT easy. And we do this for a living.

They demand an experienced attorney in order to offer any chance of success. They can involve a lot of legal and investigative time, not to mention settlement negotiations, dealing with adjusters, computing damages, filing motions, replying to motions, and cobbling a successful case; often against many defendants and, if necessary, litigate in your favor. When your attorney has the necessary experience and proven track record to understand every one of the complex elements of your defective tire accident and how they relate to each other, the chances that you will win your case significantly increase.

Once you and your lawyer begin pursuing a legal claim for damages in an accident involving defective tires, blowouts and rollovers, the first step (which needs to begin now) is to investigate to learn who caused it. Was there negligence and if so, whose? Once you know who the defendants you or your loved one’s tragic accident, how do you counter the underhanded and aggressive tactics of the attorneys, the insurance companies and their adjusters who wish to deny your rightful compensation? Those guys will do everything short of breaking the law (most of the time) to deny their clients’ responsibility for the damages and injuries to you, your family, or even the death of a beloved spouse or child. And since, defective tire accidents can involve many potential liable parties who owe you fair compensation, you can appreciate just how “stacked” the deck is against you and your need for an experienced defective tire lawyer to fight for your rights.

For over 30 years our Law Firm has helped many victims, and their families, of a defective tire, or a blowout or rollover accident. If you or a loved one has suffered from such an accident, it is best for you to call us today to arrange a free consultation with one of our experienced accident injury lawyers. We answer all of your questions and explain the ramifications from the specific details of your case. If we agree to work together, we can help you on the road to recovery by relieving you of the vital task of winning the rightful damage compensation you need and give justice and peace of mind to you and your family.

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Only experienced Attorneys can Help You Understand and Decide What to do After a Car Wreck

After a car accident involving you or a loved one, you must protect your legal rights against those who would deny you fair injury compensation. Car accidents are a common occurrence and can be little more than a minor fender bender in a parking lot. But just as often, they can be destructive wrecks that cause devastating injuries and deep scars, physically and psychologically. The lives of the victims and their families are thrown into chaos after a serious auto accident in which they were reluctantly involved.

After a serious accident involving injuries, you are entitled to seek compensation for the financial, physical, and emotional injuries you suffered from the car crash. But without intimate knowledge of your case it is impossible to compute the amount you may be entitled to, because the damages you have a right to seek depends on the unique circumstances of your case. We’re here to help you understand the clear need to hire an attorney, any attorney with demonstrated experience in personal injury, if you wish to receive the fairest legal damages. Now you’re welcome to try and handle this matter on your own if you wish, or hire your nephew who just passed the bar. What we hope to do is explain some of the basics of auto personal injury cases for you. And if you’ve been involved in a little fender-bender with no complications or injuries other than a headache, you can probably handle things on-your-own, so long as you’re cautious. But if you call your auto accident a “car wreck,” we strongly urge you to quickly retain an experienced local auto accident attorney who knows the ropes surrounding Texas car accident litigation.

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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Just Who do you have a Claim Against?

How do we know whether or not we have a successful personal injury case against a defendant who should reimburse us for our injuries? All true accident victims have a legal right to collect damages by proving the four elements of a car accident claim. Since you will be the one asking for compensation, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendants who only have to deny and disprove your claim.

There are four elements to proving injuries against a defendant. You must clearly demonstrate your charges are true. They are duty, breach, causation, and damages. A brief overview of each is below:

Duty – The defendant owed you a duty of care to exercise a certain level of caution in order to ensure that you would not get hurt. Texas Civil Codes and Procedures set the level of duty that a person or organization owes to another depends on the circumstances of the situation that are considered, within the relationship of the parties involved at the time. Proving that the defendant owed you at least some duty of care will probably be fairly uncomplicated since nearly all drivers owe each other the general duty to drive reasonably in order to keep others safe. Unless there are unusual circumstances, and there are a few, the chances are that a general “reasonable person standard” applies to the defendant (or defendants) in your case.

Breach – In a great majority of personal injury cases, plaintiffs and their attorneys need to clearly show that the defendant drove in a way that a reasonable person would not have driven. If the defendant in your case drives unreasonably only for the moments immediately leading up to your car wreck, he can be held responsible for the consequences of his negligent actions that caused you harm. Successfully proving that the defendant breached his duty of care is done when you and your attorney present evidence to the court to remove any doubt that what the defendant did (or failed to reasonably do) caused the car wreck. The jurors in your case will consider your charges of breach along with additional evidence that clearly illustrates the defendant’s actions (and malicious intent if it was present). Then during their deliberations, they rule the defendant behaved either reasonably or unreasonably. Offenses such as speeding, recklessness, driving at night without headlights, running through red lights, driving while intoxicated, and more can constitute a breach of the defendant’s duty of care, even if they may not have been legally charged for these offenses in criminal court.

Causation – You must now demonstrate that the defendant breached his duty of care through negligence. But simply showing that this person might have been negligent isn’t always enough to win your charges that the defendant is responsible for your auto wreck. Because in his attempts to deny causation, a defendant will often argue “unforeseeable circumstances” such as other drivers, pedestrians, or even you, caused the wreck instead. This is the last resort for an accident defendant to wiggle out of liability for your injuries. So expect them to swing from the floor and claim anything from a homeless person stepped in their way and forced them to hit your vehicle, to their toddler threw a bottle of apple juice at the driver. Maybe it happened, maybe it didn’t. But how do you disprove the defense? It’s up to you and your accident injury lawyer to thwart their excuses, or the happy defendant skips out of the courtroom. So it’s terribly important to have sufficient evidence to prove any defense that is thrown at you and nail down the defendant’s conduct that seriously hurt you.

Damages – It’s now time to establish the amount of money you are entitled to collect from the defendant and hand him the bill in court. The term “damages” isn’t limited to just your injuries and the bills that must be paid. It refers to the entire monetary value of your injuries (the sum of money) you’ll recover from the defendant if you win your case. Damages often include pain and suffering arising from your injury, present lost wages as a result of it, loss of future earning capacity if your injury leads to long-term disability and of course, the repair, or replacement bills to your auto and any items of worth that are also destroyed in the wreck. All these and even more might be available to surviving family members if the victim dies in the wreck. So you’ll need to calculate exactly what you’re owed and provide airtight evidence to support your calculations.

But you have your figure and the defendants have theirs (often less than your price tag). Damage amounts are almost always the most contentious issue in a car accident case or insurance claim. Defendants typically argue that they really owe you much less than you might claim (if anything at all). They’ll accuse you of asking for a handout and say your requested amount is far higher than traditional payouts. Often the accusation that you’re filing a frivolous lawsuit isn’t far away either. This is usually the last stand a negligent defendant makes. So you must clearly show the jury that your requested damage amount is realistic and proportional to the harm done to you and finish your case strongly with clear evidence that proves your losses are the true sum total of your damages.

Accurate determination of damages is as important as the other three burdens of proof since you have only got one shot to receive compensation from any single defendant. There are no do-overs. But computing every single loss is a challenge without an experienced auto wreck injury attorney who knows the value of personal injury losses and how to effectively calculate them. How do you accurately represent an intangible loss such as pain and suffering, or that of your child? When calculating the loss of earning capacity if you are permanently disabled, how do you account for hypothetical raises and promotions you would have earned had you continued to work, or gotten a promotion, or were hired away by another company at double your current salary? How can you calculate how much all of your medical bills will amount to if your treatment is not yet complete, and your doctor can’t tell how long it will last? We at our Texas Law Office know how to account for and calculate every one of your damages, and make doubly-certain that you recover as much as possible for your injuries.

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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Insured and Uninsured Defendants

In Texas, and without exception, all drivers must have auto insurance. Powerful technology allows law officers to instantly know this important fact, and mete-out “street justice” by immediately towing non-insured vehicles and give them very expensive tickets. But still, one-in-four drivers remain uninsured. If an insurance company is involved in your case or not make a huge difference in the legal process and the ultimate outcome of your claim. But certain conditions surrounding your accident (and compensation) can become intricate, and contentious.

Suppose that both drivers involved in your accident were insured and an insurance company is responsible for compensating you for your injuries. This is generally good news for you because it usually means there will be some amount of money available to compensate you for your losses if you’re successful in bringing your claim. And yet, most drivers with “street legal-only” insurance carry minimum coverage on their vehicle, and the insurance policy may not fully reimburse you for your losses if your accident was especially severe. Additionally, just because there is money theoretically available under an insurance policy to compensate you doesn’t mean that that compensation check is easy to come by. Anyone who has carried minimum coverage understands that some companies pay better (meaning quicker) than others. And some, with claimants as well as customers in-general, aren’t generally very responsive to any process other than taking in premiums. And in just about any accident where an insurance company is involved, it means that you’ll be up against aggressive adjusters, accident recreation specialists, defense attorneys, and investigators who all work to see that you lose.

Then there’s the 25 percent chance (at least!) that the other driver involved in your wreck was uninsured. Hopefully you have uninsured/underinsured (UI/UnI) motorist coverage. But since the other driver is responsible for paying you for your injuries, you’re primary interest is, if he is uninsured or underinsured, will your insurer step up to the plate and cover you (or pay the difference) when the negligent driver comes up-short at compensating you. You also must know how solvent this negligent driver is. If a defendant is insolvent, it means that the defendant does not have the money to completely compensate you for your injuries: or even compensate you all. When a defendant is insolvent there’s little value in pursuing litigation against him, no matter how strong your case is in proving he should otherwise be held liable for your losses. This is a sad but regular reality that some accident victims are unable to recover compensation from insolvent defendants.

Sometimes, the other driver will take steps to hide his assets in order to appear insolvent. He might also try and hide this wreck from his insurance company that threatens to drop his coverage if he gets in one more. The car accident attorneys at our Texas Law Office traditionally perform an asset check on any defendant to find out how much he’s really worth and also get a clear picture of his actual insurance coverage. If there’s money available, we’ll find it and work to make sure you get what is owed you.

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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The Odds are Nearly Even That Your Injury Claim Will be Denied: Regardless of the Insurer

A popular tactic of some auto liability insurers is to suddenly find an excuse to cancel the policy of its customers once they are involved in an injury-related accident. There are many for them to choose from. But some cancel them for no reason, or say that the monthly premium payment didn’t arrive before the wreck was reported, even if it did arrive a day or two later during the mandated 10 day grace period.

The Texas Department of Insurance keeps records on how insurance companies honor claims and they’ve recently revealed some very sobering data. One Texas minimum coverage insurer took-in over $271 million in premiums in one year. But it has a claims complaint index that is two-and-a-half times higher the state complaint average. Another took in $575 million and had a complaint index of nearly four times the state average. The TDI also has a “top 10” list of insurers that have the highest total complaints in the way they handle claims.

A recent analysis of the Insurance Department’s consumer complaint figures showed that 11 of the 25 largest auto insurers in the state, all of whom are supposed to be honoring over 100,000 policies, had a complaint index that was above average. Complaints that drivers filed with the state included such practices as delays in processing claims, “low-ball” offers and settlements, denial of claims, and liability disputes.

Another favorite trick of some insurance companies in denying an injured claimant is for an adjuster for the company to tell the injured party that if the claim isn’t paid, the person will have to hire a lawyer and will probably wind up with little money for the trouble. At that point, the driver feels forced to take 50 percent or less of the claim for damages. This excuse is patently false. But since the driver probably hasn’t talked to an experienced auto accident attorney, he’s probably unaware of this fact, feels that he’s alone against the big bad insurance company, and accepts the substandard offer.

In one year, Texas consumers filed more than 6,600 complaints against auto insurers. More than half were filed by drivers who said they were not at fault in an accident but had trouble getting an insurer to pay their claims. Texas Watch is a watchdog consumer group that has turned more of its attention to auto insurance issues and their trend of higher denials: but UM/UIM and the more reputable firms as well. The group says that unethical companies have an advantage because they undercut regular insurers on price largely because of their claims payment practices. A spokesman says “the business model is they drag their feet and make it as difficult as possible for the claimant to collect in hopes they will take a low-ball offer or give up.”

Texas Watch completed a survey of customer complaints when filing damage claims against auto insurers in Texas. The largest complaint types and their percentages were:

Delays in handling claims – 36.7%
Unsatisfactory offers – 21.8%
Denial of claims – 16.3%
Denial of claims – 16.3%
Customer service – 10.5%

In an underinsured motorist coverage claim, things can get very complicated for non-attorneys. In order for an underinsured claim to be valid you have to show that you exhausted the other available policies. In other words, if you have $100,000 in total damages and the negligent driver has only $60,000 to fully cover, you have to get all $60k or your UIM claim is viewed by your insurance company (if you have UM/UIM coverage) as invalid.

It is very easy for the defendant’s insurer to pay you only 70% of the value of their policy. But the fact that you didn’t collect full value makes it impossible for your UIM claim for the difference to be honored by your carrier. And there are a few well-known insurance carriers on that top-10 list that is kept by the Texas Department of Insurance; firms you would think would not be on that list.

In short, it is all the more important to have an experienced vehicle accident injury attorney help you with both claims (the liability claim against the other party and the UIM claim against your own insurance) since your success lies in collecting full damage value from both. In cases where you successfully get the other party to tender policy limits, thereby exhausting that policy, you still encounter the difficulties of your company’s insurance adjuster’s alleged ignorance with regard to Texas laws, particularly the Texas Deceptive Trade Practices Act.

So your claim then becomes a contract issue between you and your carrier rather than a tort issue. And our Law Firm knows how to leverage a TDTPA violation claim against an insurer (either the other guy’s or yours) to do the right thing and pay both of your legitimate claims when you have been hit by an underinsured motorist.

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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Insurance Company Tactics are Designed to Deny Your Rightful Compensation

Insurance companies can be extremely difficult to negotiate with. And they take up a lot of your time without an experienced attorney on your side. Insurance companies are out to protect their own interests. Those interests are about premiums and paying out as little as absolutely necessary. And if you’ve been seriously injured, their interests are the opposite of yours. They’ll use adjusters to try to find ways to deny your claims. These adjusters may call you repeatedly, asking innocent-sounding questions about your accident. Their inquiries may seem at worst, harmless. But they’re usually calculated to induce you to say something that could be used against you to deny your claims. Whatever you say to them will probably be recorded and could come back to haunt you as evidence against your claim in the future.

Our clients quickly learn from us the best way to deal with insurance adjusters: and that’s just don’t deal with them at all. Adjusters don’t call our clients, but rather, us. And when adjusters can’t talk to our clients, they don’t have a chance to twist our clients’ words around to use against them.

Many times, especially if they know you have a good case, an insurance company pressures and even harasses you to settle your claim for less than your it is worth. Sometimes it’s much less. Now we believe accepting a fair settlement offer if it truly benefits an accident victim. But accepting an unfair settlement offer can be devastating for your legal rights. When you accept an offer, you forever waive your right to sue the defendant ever again. The settlement on the table is all that you will ever collect from that defendant (and his insurance company). So it’s important to not accept an offer unless it’s truly fair. And the only way to determine a fair settlement from an insurance company that wants to victimize you is with the assistance of an experienced car accident attorney.

Insurance companies know that most accident victims are everyday people who, as a result of this accident, are often strapped for cash. They have hefty medical bills and auto repair bills that need to be paid quickly. And perhaps they are unable to work as a result of their injuries so their reduced income is used for monthly expenses, which means there’s little, if any, leftover to pay accident-related expenses. So their obvious strategy is to entice accident victims with small amounts of fast cash that might get them back to even. But what if that’s not the end of your expenses? Insurance companies are banking on you not figuring that out until they’re out of the picture and off the hook. Don’t let the defendant in your case (and his insurer) get away with paying you less than you deserve.

Here are a few more insurance company tricks they would never try to pull on our clients.

They offer you a settlement before the full extent of the medical treatment you’ll need is known.
They offer you less property damage money than what’s due on your car loan.
The insurance company doesn’t offer you a rental car while your vehicle is in the shop being repaired.
The insurance company tells you they’ll pay your claim when you submit your bills, but then refuse either to do so or keep stalling you when you ask for payment. (by the way, we never submit original bills to an insurance company, only copies).
The insurance company takes too long to respond to your inquiries (this could mean that they’re investigating your claim behind your back or just “shining you on” and haven’t yet told you they’re not going to pay your claim).
The insurance company, usually the adjuster) tells you that a settlement offer is “all that you’re entitled to” or “the best you’re going to get”.
Can you think of another reason why you shouldn’t call an experienced Texas auto accident injury lawyer to shield you from insurance companies and fight for your fair compensation rights?

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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Do or Don’t You Need an Auto Accident Injury Lawyer?

In most instances, it takes an experienced lawyer to make sure that accident victims recover the actual worth of their medical bills, pain, suffering, and damages to their vehicle and its contents. And as we said at the beginning of this section, depending on the circumstances surrounding the accident and its coverage level, it’s possible for a reasonably intelligent accident victim to handle his or her claim on their own, without the assistance of a lawyer. Aside from the general challenges presented by defendant insurers, below are a few more instances that illustrate how your interests are best served with the assistance of a local, experienced car accident attorney.

You’ve Suffered Bodily Harm in the Wreck – If you suffered any sort of bodily injuries in your accident, it’s best for you to have an experienced lawyer handle your claim. A good rule of thumb is whether you need to make a return visit to your doctor after being treated for your injuries. When you seek damages for bodily injuries, insurance companies don’t have to abide by any preformed guidelines when deciding how much to pay you. Because, by their very nature, insurance companies are more about premiums than claims, they can legally decide to pay you nothing by default. This is the first benefit of having a lawyer who is looking out for your interests regarding your claim. If you’ve suffered broken bones, head injuries, back injuries, or any other sort of injury in your wreck, do the smart thing and call a good attorney quickly.

The Other Driver is Hard to Deal With – It’s also a good idea to call an attorney if the other driver involved in your accident gives you a hard time either at the scene of the wreck or later, or if that other driver doesn’t want to give you his contact or insurance information. Belligerent accident “victims” usually have something to hide, either from the law or their insurance company. This could be an early indication that he’ll make it as difficult as possible for you to recover what you deserve. If you dealt with this kind of behavior, this could be a big red flag that you need to seriously consider hiring a lawyer, or at least have a serious visit with one.

You Can’t Afford to See a Doctor or Pay your Medical Bills – Many people don’t have health insurance which would help them afford the treatment they need after they’ve been involved in a wreck. Even if an accident victim does have health insurance, the odds become less every day that their treatment needs may not be covered under their health benefits. Whether or not they have health insurance, many accident victims are reluctant to get treatment for their injuries because they don’t think they can afford to take the time off of work that they’ll need to see a doctor, or they have higher-than-normal deductibles which preclude even using their health insurance.

Seeing a doctor and getting treatment for your injuries after an accident is not only essential to your health, it’s absolutely necessary to your injury claim or lawsuit. If you can’t afford treatment, or if you already have medical bills that you can’t pay, there’s probably something that our personal injury lawyers can do to help. We regularly work with doctors and healthcare professionals and can hook you up with the right doctor who will take your personal situation into consideration. We have helped many of our clients receive necessary medical care after an auto accident at no out of pocket cost to them. Additionally, we can explain how the time you take off from work to get medical care may be computed in the damage compensation owed to you by the defendant in your case.

If you’re lucky, and none of those circumstances applies, the odds are pretty good that you can handle your case on your own, without the assistance of a lawyer, and reasonably resolve it. Sometimes, plaintiffs can successfully protect their own rights when they’ve been involved in a wreck which resulted in property damage only. If your car was harmed, but you’re not injured, insurance companies are bound by strict guidelines that tell them what they have to pay you in compensation for the damage to your car. Since these guidelines give them little wiggle room, insurance companies have very little opportunity to rip you off when they reimburse you for your repair bills. But if there are serious injuries, no guidelines exist. And that’s when you need legal help in defending your compensatory rights.

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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How to Choose the Local Personal Injury Lawyer who’s Right for Your Case

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

The auto accident injury lawyers at our Texas Law Office have been handling car accident insurance claims and civil cases for over 30 years. We’ve won favorable verdicts and settlements against nearly every major auto insurer in the state. Insurance companies recognize our name. And the reputation that precedes us is very helpful in securing special attention to our clients’ claims from these insurers. Our goal is to make sure that you recover as much as possible for your injuries and make this sometimes complicated legal process as easy as possible for you.

Put our years of experience 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 secure from your auto injury case. Call our Law Firm now for a free consultation and find out how we can help you.

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Our Law Firm Helps You Understand What to do After a Fatal Car Accident in Texas

If you and your family are suffering, and dealing with the loss of a beloved family member after a fatal car accident, our hearts go out to you. Dealing with the sudden loss of a loved one, regardless of the circumstances, is an ordeal that none of us deserve, but many must endure.

But in the midst of your grief, it is likely that this sudden loss was caused by negligence by the driver, or someone else. And though it might seem inappropriate to think of anything but mourning your loss, this accident is certainly affecting you and yours financially. And contrary to what your family might think, it is certainly appropriate to consider how your family will be appropriately compensated for your damages and those that your deceased loved one suffered. Someone needs to help you handle this part of your family’s business before someone who doesn’t care about those interests does and victimizes your family during its time of profound sorrow.

Most of us drive responsibly. We obey traffic laws, use our seatbelts and child car seats, and are alert to our surroundings when driving. But no matter what we do to keep ourselves, our families and other motorists safe, that responsibility is not always shared by other drivers. Drivers who are thoughtless, careless, drunk, tired, or distracted can come crashing into our lives with no warning, no matter what we do. All we can do is watch out for them and hope to avoid them in time when they come careening, out of control, into our lives.

So after an auto accident that kills someone you love, there’s a lot you can do to protect your rights with the help of the right fatal car accident attorney. You can rightfully seek compensation for the financial, physical, and emotional damages surrounding the tragic fatal auto accident that took your loved one from you and yours. But in fighting for that right you are opposed by powerful forces. They have one goal in mind, to deny the rightful financial remedy you and your family deserve, by law: rights that, with the help of an experienced fatal auto injury lawyer, you can effectively protect and keep you safe from the fiscal disaster this wrongful death can become.

If you wish to receive the fairest legal damages that your insurance claim or civil case can bring, we hope this Web page will help you understand the clear need to hire an attorney, any attorney, who has experience in personal injury and wrongful death auto accident cases. Some might try and handle this matter themselves, or hire inexperienced counsel who talks a mean game. But we feel obliged to explain some of the basics of wrongful death auto accident cases as a service to our visitors.

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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What Compensation Damages are Available after a Fatal Car Accident?

If your loved one has been taken from you because of a fatal car accident, whether they were with you in your auto or in someone else’s, you are entitled to seek monetary damage compensation for that horrible loss. We truly understand why no amount of money can compensate a family for the loss of a beloved member in a tragic car wreck. But money is the only remedy that the law can provide, especially if no criminal charges are filed against the other driver or drivers. And given the high price of funeral expenses and medical bills alone, the civil remedy is a useful tool to help families get back on their feet after a heartrending fatal car wreck and give their loved one a fitting memorial. But even more: recovering damages from a defendant punishes them for his or her negligence. It also serves as a reminder of the financial and legal consequences to which negligent people expose themselves when they drive irresponsibly, and it can inspire them to never do it again.

In a fatal vehicle accident lawsuit, there are two types of damages. They are wrongful death damages and survivor damages. Below is a general overview of both.

Wrongful death damages are those directly incurred by the family members that have lost a loved one due to a fatal accident. These damages can be sought by multiple immediate family members such as a spouse, parents, or children, either separately or collectively. Wrongful death damages will often, but not always, include compensation for items such as the deceased family member’s medical bills prior to death and funeral expenses, along with a family member’s pain and suffering due to their loss. Also included in wrongful death damages is the loss of financial support that had been provided by the decedent and loss of consortium (or unique familial love that is lost). Sometimes that consortium can be both personal and professional if, for example, a father was in business with his wife, or his son, or all members were part of a family business. They include:

Compensation for mental and emotional distress caused by the loss of a family member.
Compensation for loss of companionship.
Compensation for loss of the financial support of your deceased family member.
Compensation for funeral and medical expenses your family member incurred due to the accident.
Survivor damages are collected from the defendant by a surviving family member, usually on behalf of the entire family in the name of the deceased family member. Survivor damages are those that the victim would have been able to sue the defendant for, had he or she survived. And those are damages that any personal injury plaintiff may file against a negligent defendant. But in this case, only one family member can seek survival damages since that family member effectively acts as a proxy for their deceased relative in a wrongful death case. In Texas, It the family member who seeks survival damages can also seek wrongful death damages, which isn’t the case in many other states.

Survivor damages include:

Compensation for lost wages due to time spent in the hospital after the accident.
Compensation for loss of earning capacity.
Compensation for medical expenses incurred due to the accident.
Compensation for physical pain and suffering.
Compensation for emotional and mental suffering.

Your insurance claim or civil case will most likely demand that you seek damages for both wrongful death and survival. The proof required for these two types of damages is discretely different. The wrongful death attorneys at our Texas Law Office are skilled and experienced in developing cases to prove all the damages our clients are entitled to, and maximize your opportunity to recover all the damages you and your family rightfully deserve on behalf of your deceased loved one

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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The Four Required Elements of a Successful Fatal Auto Injury Accident Insurance Claim or Lawsuit

If you’re reading this, you certainly want to know whether or not your family might have a successful personal injury case against a defendant who must reimburse you for the loss of your loved one in a fatal car wreck. In most auto accident cases, the victim, or in this case, the victim’s surviving family has a legal right to collect damages. But Texas law says that rightfully asking for, and actually collecting, damages are two different things. As plaintiffs you have the burden of proving all four necessary pillars of defendant liability for the fatal car accident claim in court. In the U.S, we all know that all defendants are innocent until proven guilty. So all who will judge your case (or evaluate your insurance claim) must clearly understand why you are owed these damages by the defendants. And all your opponents have to do to win is effectively deny or disprove any one of these four elements to get off the hook.

In civil law, each of these four essentials of proving rightful civil liability against a defendant must clearly demonstrate your charges are true and appropriate. They are duty, breach, causation, and damages. Below, we’ll briefly discuss each of these elements in order to give you a better appreciation what it will take to prove that you’re entitled to damage compensation.

Duty: The first task thing your fatal auto injury lawyer must do is prove is that the defendant owed your loved one a duty of care. This means the defendant must exercise an acceptable level of caution in order to prevent people from being hurt or killed as they drive. Texas Civil Codes and Procedures establish the level of the duty of care that a person or organization owes to another in personal injury cases. This duty depends on the circumstances of the situation in-question that are considered relative to the relationship of the parties involved. Proving that the defendant in your case owed your loved one at least some duty of care is relatively straightforward since nearly all drivers owe each other the duty to drive as a reasonable person would in order to keep others safe. Unless there are unusual circumstances (and there are a few) the chances are that a moderate “reasonable person standard” applies to the defendant (or defendants) in an auto accident case that caused your loved one’s untimely death.

Breach: If the defendants drive unreasonably only for the moments immediately leading up to the fatal car wreck, they can be held responsible for their negligent actions that caused this tragedy. Offenses such as speeding recklessly, driving at night without headlights, running through red lights, driving while intoxicated, driving while distracted (by cellphone or texting) and more can constitute a breach of the defendant’s duty of care, even if they may not have been legally charged for these offenses in criminal court. Proving that the defendant breached his duty of care is typically accomplished when your attorney presents evidence from an investigation that removes any doubt what the defendant did, or failed to do in causing the fatal car wreck. The jurors in your case will consider your breach of duty evidence along with additional evidence that clearly illustrates the defendant’s negligence. Many times this element can be the most difficult to prove, and calls for a great deal of investigation by your lawyer. But once that breach is successfully proved, the rest of your civil action might not be so difficult.

Causation: Simply showing the defendant might have been negligent isn’t always enough to win your charges that the defendant owes your family a long list of damages arising from the fatal auto wreck. Because if a defendant is forced to deny causation (a term used in proving breach of duty), often he will argue “unforeseeable circumstances” such as other drivers, pedestrians, or even your loved ones were the actual cause of the fatal wreck. Most often, this tactic is the defendant’s last stand if he or she hopes to wiggle out of being held liable for legal damages. So expect the defendant’s lawyers to claim anything from the sudden appearance of an obstacle in the road that forced them to violently swerve and hit your loved one’s car, to their toddler threw a bottle of apple juice at them while they were otherwise driving safely. You know that this is untrue. But how do you expose this defense for what it is? And what happens if they introduce a perfect driving record, no accidents or tickets, that dates back to the Reagan Administration? It’s up to you and your Texas fatal auto wreck lawyer to prove your accident claim, and disprove any untruthful defense. This is why it’s terribly important to have more than sufficient evidence to disprove any defense that is thrown at you, and that it was the defendant’s conduct behind the wheel that caused the car accident that took your loved one.

Damages: The term “damages” isn’t limited to just the actual cost of injuries and medical or funeral expenses of your loved one. It’s a legal term that refers to the total monetary value (the actual sum of money) the defendant owes you and your family in the wake of your loved one’s fatal auto accident. So in addition to the above expenses, damages might also include your deceased loved one’s pain and suffering, present lost wages (present and projected earnings), you and your family’s pain and suffering and, of course, the repair or replacement bills for any vehicle or items of worth that are destroyed in the wreck. In order to prove what you’re entitled to collect, you and your attorney must correctly calculate exactly what you’re owed by the defendant and provide clearly irrefutable evidence of all your family’s injuries and losses in order to clearly support your damage claim.

While you and your fatal car accident lawyer establish your true damage amount, the defendants also work on the very same thing, but they call it “totaling up our losses.” Civil damages-owed can be the most contentious issue of any personal injury case. Defendants use their own “creative accounting” to determine how little they think they owe fatal accident victims in the event that the jury finds that they are responsible for the wreck. They’ll accuse you of asking for a handout and beg the court to see that your requested amount is unreasonably higher than traditional payouts in similar cases. This very convenient defendant argument is also often accompanied by a charge that you are bringing a frivolous lawsuit against them. This is where you must clearly show the jury that your requested damage amount is realistic and proportional to the actual harm done to you and your family by the negligent defendant. Contesting the compensation amount is usually their last gasp at wiggling out of paying reasonable damages. You must strongly finish your case with clear evidence that proves your family’s losses are true, and that the amount requested is the full and reasonable sum total of your damages.

Determining the proper amount of damages can be as important as the other three elements of proof because you are approaching the end of your family’s quest. And you have only one shot to receive fair compensation from any single negligent defendant. But computing every single loss can be challenging unless you have an experienced auto injury attorney who knows the value of personal injury losses arising from fatal auto accidents and how to effectively calculate them: both tangible and intangible. How do you put a price tag on a beloved family member? In calculating loss of earning capacity how do you account for hypothetical raises and promotions your loved one would have earned had he or she continued to work, or been promoted, or hired away by another company at double tomorrow’s salary? These and other damage calculation issues are a reason why you need an experienced Texas fatal car accident attorney with our Law Firm who knows how to account for and calculate every damage claimed as a result of losing a loved one to a fatal auto wreck.

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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Whether the Defendant is Insured or Uninsured Greatly Impacts your Case

State law clearly mandates, without exception, that all drivers must have auto insurance. Law enforcement has incorporated some powerful technology in order for them instantly detect whether a motorist is insured or not. Many literally dispense “street justice” by immediately towing non-insured vehicles and giving the drivers very expensive tickets. If the driver has been previously convicted of driving without insurance, he or she can lose their license for a long time and possibly even go to jail, especially if they are involved in a wreck.

But even when they know they’re apt to suffer the consequences if they drive without proof of liability insurance, at least one-in-four Texans still try to get away with it. Whether or not an insurance company is involved in your case makes a huge difference in the legal process and the ultimate outcome of your fatal auto accident claim. Some of the conditions surrounding your accident (and damages compensation) can be complex and often contentious. But other elements of the fatal car wreck can be relatively straightforward once you get past the initial complexities.

If both drivers involved in the accident are insured then the company covering the driver that caused the accident is responsible for compensating your family for all legal damages up to policy limits. Whether they actually do or not is one thing. But generally, this can be good for plaintiffs; because in most insured cases there will be at least some amount of money to compensate your family for the tragic loss of your loved one. And yet, most drivers with “street legal-only” liability insurance carry minimum coverage. Those minimums are 30/60/25. Each number is in thousands. The 30 is bodily injury per person, the 60 is bodily injury per accident and the 25 is property damage (the value of the vehicle that was hit). Such policies typically fail to fully reimburse your family for this deep wrongful death loss. Notice there is no provision for pain and suffering or other survivor damages. So just because the money is theoretically available through the negligent driver’s policy doesn’t necessarily mean that you will be able to easily recover it; especially if the negligent driver carries minimum coverage.

Additionally, anyone who has dealt with “minimum coverage insurance carriers” understands that only a few of them pay better (and quicker) than others. Many however, are less than responsive with claimants (not to mention their customers’ in-general, even if they still take-in those monthly premiums like clockwork). And in just about any fatal auto wreck where an insurance company is involved and with so much money at stake, you’re certain to encounter aggressive insurance company adjusters, accident recreation specialists, defense attorneys and their investigators as well. All are working to see that you lose your case, should you choose to sue that driver’s insurance company in order to collect your rightful damages.

And sometimes, a driver who has been involved in a wreck will take steps to hide his assets in order to make you think he or she is insolvent if your requested damages exceed the amount of their insurance coverage. Or he might try to hide the fact that he is insured altogether because of fears that his carrier will drop his coverage if there’s another car wreck on his ledger. Regardless of the reasons behind this defendant’s behavior, the Texas fatal car accident attorneys at our Texas Law Office perform a thorough asset check on every one of the defendants – including the value of their insurance – in order to find out how much he or she’s really worth. If there’s money available, we’ll find it and work to make sure you get the compensation you deserve for the loss of your loved one.

It’s also a good idea to immediately call an experienced auto accident attorney if the driver who caused the accident is less than forthcoming either at the scene of the wreck or later. Or maybe the other driver doesn’t want to provide his contact or insurance information. Belligerent accident “victims” such as these usually have something to hide, either from the law or their insurance company. This behavior is also a very good early indicator that he’ll also make it difficult to recover the damages you deserve because of his or her negligence in causing the death of your loved one. If the other driver displays this kind of behavior, treat it as a big red flag that you need to quickly talk to a lawyer.

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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Insurance Companies Will Constantly Pressure you to Settle for an Unfair Amount

Even on a good day, insurance companies can be extremely hard to negotiate with. It seems impossible to get either the straight story, or a reasonable sum of money out of them. Why waste your time and patience with their tactics designed to frustrate you at every turn? Let your lawyer handle the insurance companies that are out to protect their own interests. If you’ve lost a loved one in an auto accident and seek legal damages, their interests and yours are polar opposites. They’ll use adjusters to try and deny your claims, even if they appear to be on your side. our Law Firms’ former accident injury clients have learned through experience that the best way to deal with insurance adjusters, especially during your time of unfathomable grief over the sudden loss of your loved one. Their remedy is to simply ignore them. Adjusters don’t call our clients. Without exception we make them call us instead. When adjusters can’t talk to you, they don’t have a chance to twist your words around and use them to deny your legal rights.

Many times an insurance company will try to pressure you to settle your claim or lawsuit for less than it is worth: sometimes, much less. Under some circumstances our attorneys believe that accepting a fair settlement offer is beneficial to the grieving victim’s family. But an unfair settlement can be devastating, especially if that same grief is used to victimize surviving family members. And don’t forget that when you accept a settlement you permanently give up your right to sue the defendant again if it turns out that more was justified. The settlement is all that you will ever collect so it’s important not to accept an offer unless it’s fair. And the only way to determine a fair settlement from an insurance company that wants to victimize you is with the assistance of an experienced fatal auto accident injury lawyer.

Insurance companies know that most families of accident victims are most likely bleeding cash due to all those unanticipated expenses arising from the fatal wreck. They have hefty medical, funeral, and other emergency expenses that need to be paid quickly. And if their loved one was also earning family income, their budget is suddenly much smaller and there’s little, if any, left over to pay these new, and very large, accident-related expenses.

An insurance company wants to entice you with just enough fast cash that might get you back to even. But what if that’s not the end of your financial distress? Settlements you accept from an insurance company before you have an experienced lawyer on your side never benefit your surviving family in the long run. Don’t let the defendant and their insurance company get away with paying you less than you deserve for your wrongful auto accident fatality claim. Reach out to our Law Firm quickly to learn what your case is really worth. Then you’ll know whether the defendant’s insurance company’s offer is truly fair.

If you have a bad feeling about how the insurance company appears to be handling your case, trust your instincts. You’re probably right. In spite of their protests to the contrary, insurance companies aren’t really in business to help people, but to make money. And the more creative they are in finding ways to deny legitimate claims, the more money they make. This is especially true with most insurers who aggressively market themselves as “minimum coverage” firms, who take in premiums but drag their feet when it’s time to pay a legitimate (and full) claim, although we have been able to deal fairly with a few of them. Regardless, it’s best for you to call a lawyer, sooner than later, if you have a bad feeling, or if any of these circumstances apply.

Put our years of experience 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 secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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With Stakes This High, You Need an Experienced Attorney to Defend Your Family’s Rights

Almost any lawsuit is more effective when it is argued by an experienced attorney, but a claim as serious as wrongful death can especially benefit from a lawyer’s assistance. If you experience any of the following after the accident, it is probably a harbinger that successfully winning legal damages through either an insurance claim or a civil lawsuit, may be much more difficult than you expect.

If the other driver doesn’t want to give you his insurance information, contact information, or file a police report, he or she is probably uninsured. Or the other driver might claim to be insured, but you’ve never heard of his insurance company. The negligent driver’s insurance company might quickly offer you a settlement that seems unreasonably low or unfair, or its adjuster keeps calling you to ask you questions, wants to record all of your answers, then tells you nothing.

Among the insurance company’s most effective tactics are bombarding you with questions and trying to badger you into signing a settlement agreement while you and your bereaved family members are still trying to recover from the shock over your loved one’s death (and before you’ve had the opportunity to consult with an attorney). It’s important that you never sign anything an insurance company puts in front of your without talking with an attorney first. You’re just asking for trouble if you do.

And, if you have a relative or friend who is a lawyer, even though he or she might be looking out for your best interests and is inspired to fight hard for you, it might be a good idea to reconsider retaining anyone who might have a difficult time emotionally disassociating him or herself from your emotional case. A pragmatic attorney best serves his clients when he focuses solely on the facts of a case and is cool under fire. Too much empathy is not always a good thing if it clouds one’s thinking.

What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement because he knows how badly you need the money now, and leaves even more on the table than an experienced attorney would not? How will you feel about your friend or relative then?

When we take a case, we handle every aspect of it. Our Law Firm deals directly with the insurance company so that you won’t be bothered by their tricky and harassing tactics. We conduct a thorough investigation of the accident scene, determine which defendants were at fault, and know whether they have the ability to pay a reasonable claim. Then we file claims against everyone responsible. We calculate your damages and send a demand packet to the defendants. We aggressively negotiate with all liable defendants and their insurance companies to get the rightful settlement you and your family deserve from your loved one’s shocking and untimely fatal auto accident. But we’re also prepared to litigate your case to the end, and keep you informed of every development. We know your case is important to you. It’s important to us as well.

If you’d like to learn more about fatal car accident law, or you have questions about what we can do in your particular case, call our Law Firm to arrange a free consultation. We are available 24 hours a day, seven days a week to serve you. Our Texas fatal auto wreck lawyers understand why this is a most tragic time for you and your family. And we want to do everything it takes to make sure that you are fairly compensated for you and your family’s unnecessary and tragic loss; without the fiscal fear that only delays the healing process that you and your family deserve.

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Are You Aware of the Legal Ramifications and Signs of Common Birth Injuries?

All licensed medical professionals are subject to the Texas laws of medical malpractice and medical negligence. In Texas, medical malpractice is a general term describing any type of medical injury a patient sustains. Birth injuries are one of several types of medical malpractice. They cover injuries or negligent behavior toward both expectant mothers and their babies.

Birth injuries are usually caused by obstetricians, delivery teams, nurses, hospitals, and intake personnel, but may also include midwives and other birthing professionals.

Birth “defect” cases can affect an entire family. But those who are harmed the most are the mother and/or the child. Sometimes a single act may cause a birth injury and also harm the mother. This is one of a large list of reasons why birth injury cases are inherently complex and require highly experienced birth injury attorneys (along with an exemplary investigative team) to properly sort through medical records and all other forensic evidence to identify the negligent parties responsible for injuries sustained by mother and child: leading up to, including and after the birth.

Birth injury cases generally fall into two types. A doctor, nurse, or other medical professional fails to properly diagnose or provide adequate treatment to an expecting mother, fetus, or newborn baby, resulting in harm to the mother or child. The other occurs when a doctor, nurse, or other medical professional or health institution acts outside accepted professional treatment norms which, either negligently or recklessly, results in harm to the mother or child.

Within the first type of birth injury case are the harms suffered while a baby is in utero, such a maternal medication interactions or the failure to properly diagnose or treat injuries to the mother or child immediately after birth. Many birth injury cases affecting the mother usually fall into this category.

The second type of birth injury case usually surrounds injuries occurring at or around the time of birth: to include labor, delivery, or immediately following the child’s birth. Most birth injuries affecting the newborn fall into this type of case. It can include subsequent diagnoses of cerebral palsy, brachial plexus nerve injuries, shoulder dystocia, brain injuries, disfigurement, and other neurological, skeletal, or muscular injuries.

Often, birth injuries are suspected or identified by medical professionals at the time of birth, but this information is rarely shared with the new parents. Medical personnel fearfully wait to disclose this information usually out of embarrassment or the fear of a lawsuit. This withholding of vital information can delay a diagnosis until the child is old enough to indicate something is wrong when developmental challenges become more evident in the child: even if sometimes the injury heals itself.

A delay in diagnosis is like a ticking bomb – the earlier a diagnosis, the sooner a mother or child can undergo treatment and begin recovery. Delay of a diagnosis may be a sign of obstetrician (OB) medical malpractice or other birth professional medical malpractice.

Do you suspect a possible birth injury occurred during pregnancy, or labor, delivery, or the birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. Though these injuries are most-often preventable or more easily treated with timely diagnosis, when they occur, they can be life-altering (or life-threatening): not only for you, but your child and devastating to your entire family.

Our Law Firm has seen many cases where the afflicted family did not want to sue or litigate against their doctor. Not wanting to litigate a claim did not mean that the family didn’t seek compensation – they preferred a mediated settlement and apologies with the parties responsible for the birth injuries and cerebral palsy. Our birth injury attorneys and medical support team pride themselves on providing a variety of options for you and your family. One will certainly be comfortable, and appropriate for you to pursue.

In many cases, the doctor responsible may have been a family friend or the aggrieved family was part of a small community and wasn’t comfortable pursuing a lawsuit – even if the family still needed and wanted answers and some level of compensation for their child’s injuries and resulting long-term care. We empathize with the struggles a family has when caught between the rock of community and the hard place of trying to make the best decision for their child. And under these circumstances, we agree with clients who prefer discretion as well as a quiet, firm resolve in securing rightful compensation in a dignified manner.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Signs of Normal Birth Injuries to a Newborn

We at our Texas Law Office frequently hear the same questions from concerned parents time and again: how can we tell if there is a birth injury? How can we tell if our child’s injury is a normal injury or abnormal? How can we tell if these injuries are the result of medical malpractice?

Our answer: it’s very difficult to answer these questions without reviewing all the medical records, transcripts and witness accounts. Each birth is special and very different from other experiences. Babies are born with soft, flexible bones and travel through a tight birth canal. Minor injuries are to be expected in the birthing process, especially for vaginal birth deliveries.

We have put together a list of some common signs and symptoms for both normal and abnormal injuries that occur during pregnancy, labor, delivery, the birth, and after birth of the child.

Bruising – The birthing process will often result in minor swelling and bruising along the newborn’s scalp, forehead, nose and neck. If the baby is delivered in a breech position, bruising may occur on the baby’s hips, buttocks, and legs. Bruises usually clear up in a matter of days after birth. Bruises lasting longer than a week are a sign for concern. But an abnormal sign might be if the bruising is widespread or causes lumps or depressions in the skull. The newborn should be carefully monitored for several days until bruising recedes or other medical action is taken. Abnormal bruising can suggest birth injuries from instruments used to extract the newborn and may be a cause for medical malpractice.
Pink marks – These marks are usually referred to as “stork bites,” and are merely small clumps of dilated capillaries that form a small birthmark on the skin. Stork bites are usually present along the forehead, eyelids, and back of the neck. These birthmarks usually fade on their own as the infant grows older and are not a cause for concern.
Milia (small white cysts) – These may appear as tiny pimples across the nose, cheeks, and forehead of a newborn child. They are simply clogged sweat gland ducts. This condition clears up on its own in a few weeks.
Broken bones – newborns with broken collarbones (clavicle bone) are rare, but don’t usually suggest malpractice on the part of the delivery team. However, other broken bones, especially arms, legs, and shoulders, are a warning sign for future long-term birth injuries.

Signs of an Abnormal Pregnancy, Delivery or Possible Birth Injury Malpractice

During pregnancy, did your obstetrician (OB), birthing consultant, or another medical professional adequately track, treat, or warn you of developing or existing medical conditions and their effect on your child, including hypertension, preeclampsia, diabetes, prolonged nausea and vomiting leading to malnutrition, or other long-term, treatable maternal conditions?

Did your OBGYN, pregnancy caregiver not adequately track, treat, or warn you of any complications or dangers present in your pregnancy? Did they or did they not take steps to prevent harm to you and your child, including any medicine or drug side effects and their effect on your baby? This is often seen in patients who take medication (prescribed or otherwise) for depression, asthma, other conditions requiring prescription medication, other drugs, or general decreased bodily functions such as poor kidney function, weakened hearts and other conditions.

During labor, did the medical staff and delivery team at the hospital or birthing center delay hooking the birth mother up to fetal monitors. Or did the medical staff or delivery team disregarded data from the fetal monitors that may have shown fetal distress, or did that data reveal an abnormally high or low heart rate that went untreated?

Was an epidural inappropriately, negligently, or recklessly administered, resulting in harm to the mother or newborn child? Such form of injury to the child is often evident with decreased breathing at the time of birth, or failure of the lungs to inflate properly.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Problems During Delivery That, if not Treated Properly, Might Suggest Malpractice

The baby may have been abnormally positioned. Abnormal positions cause a vaginal delivery to be difficult and dangerous, often leading to a birth injury to both the mother and child.

The baby might have been abnormally large and/or the birth canal was too small for the baby to pass through normally, yet the doctor performed a vaginal delivery anyway rather than the traditionally accepted delivery method of Cesarean section (C section). In cases where the baby is too large to pass through the canal, instrumentation and complicated maneuvers are used, often to the detriment of mother and child.

The doctor may have used instrumentation such as forceps, a pressurized vacuum, or other instrumentation that forcibly pulled the baby through the birth canal and risk significant injury to both the mother and child, often in the form of head or brain injuries or brachial plexus injury.

At the time of birth:

The baby shows symptoms of asphyxia (no oxygen in the blood): is pale in color, listless- weakly breathing or not breathing at all, and has a dangerously slow heart rate. The baby might also show symptoms of hypoxia (too little oxygen in the blood) and present with a bluish skin color, weak or no breath, slow heart rate.

The baby may have low APGAR scores, or the doctor does not perform APGAR scoring. These scores are often significant evidence of injury to the child. Scoring takes place one minute after birth; a score of less than 5 strongly indicates the baby needs medical attention. Scores less than 4, at later intervals could suggest long-term neurological damage and a heightened risk for cerebral palsy.

After the birth of the child:

The baby has no interest or little interest in feeding or exhibits problems with the instinctual feeding mechanics (suckling, grappling). The baby is lethargic, sluggish, or exhibits asymmetrical movements in the face, arms, or legs.

After the birth, the baby shows signs, symptoms, or is diagnosed with neurological seizures. Symptoms of newborn seizures include repetitive movements, prolonged or continuous sucking, drooling, or sticking the tongue out, rapid eye movements, long pauses in breathing, and rapid muscle jerks.

These are a few of the major warning signs that an injury may have occurred during pregnancy, or labor, childbirth, or after the birth of the child. This list is not conclusive, but a general overview of clues that might suggest birth defects: possibly as the result of malpractice. A full review of your specific situation is critical to determining whether a birth injury is due to medical malpractice or medical negligence.

Our advice to parents is to trust your instincts. If something doesn’t seem right with your child or the way the medical staff is treating you or your child, start asking questions. Request your medical records from your prenatal doctor and all records from the hospital or birthing center where the child was born. Regardless of what the staff or administrators at the birth hospital might tell you, seek a second medical opinion, preferably with a doctor who does not use the hospital where the birth took place.

If you are not satisfied by that second opinion, or if that second medical opinion confirms your suspicions of malpractice-related birth defects in your infant, then call the birth injury malpractice lawyers at our Texas Law Office and have our independent medical experts review everything you’ve collected. Our staff can begin asking questions and getting answers. We have more than twenty years of experience working with parents and families affected by medical malpractice. If nothing else, you and your family deserve answers.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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The Most Common Situations that Can Produce Malpractice-Related Birth Defects

During pregnancy, the two most typical birth injuries to mothers and fetuses can be traced to drug interactions or the failure of the prenatal doctor to monitor or treat existing conditions appropriately.

Teratogenic medicines are drugs given to mothers that are known to produce side effects in a developing fetus. First identified in Thalidomide during the 1950’s, these types of prescription drugs are sometimes administered to expectant mothers with little regard for their effects on the fetus, and can lead to significant detrimental effects on the baby: including improper organ development and altered blood or brain chemistry. Some medications have no known effects on developing babies. But many drugs are listed as teratogenic and it is the doctor’s responsibility to not prescribe them, or discontinue their use, or warn the mother of potential birth defects due to these medications. If the doctor or pharmacist fails in this responsibility, these medical professionals may be liable for resulting birth defects, birth injuries, and medical negligence.

Common drugs which should not be prescribed during pregnancy include: Albuterol, Singulair, Celexa, Lexapro, Effexor, Paxil, Prozac, Wellbutrin, Zoloft and Accutane. Common maternal medical conditions which require significant warnings or different treatment during pregnancy include asthma, diabetes, depression, stress and anxiety, most cancers, skin conditions, hypertension, heart disease, bacterial infections that require antibiotics, inflammatory bowel disease, and chronic nausea and vomiting during pregnancy aside from traditional morning sickness which usually disappears before the end of the mother’s first trimester.

If a pregnant mother has a pre-existing condition or was diagnosed with a particular condition during pregnancy, such as hypertension, preeclampsia, or diabetes, it is a doctor’s responsibility to ensure that resulting treatment will minimally affect the developing child. Failure to monitor either maternal condition or the developing fetus’ condition may lead to medical negligence for any resulting injuries, harms, or aggravated conditions to the baby.

It is vital that both expectant parents be proactive in these situations. If that doesn’t happen, at the time of birth, there are several possible serious physical injuries that may result from medical negligence or medical malpractice arising from mismanagement of teratogenic prescription drugs.

Birth injuries that occur to the mother during delivery are often recognizable and usually caused by ripping, tearing, and disfigurement as a result of the baby passing through the birth canal. On their own, these injuries are rarely a result of medical negligence; however, improper diagnosis or treatment of these injuries can have life-long effects and these effects are legally actionable.

Birth injuries to a newborn child are much less recognizable by new parents. These physical injuries can include nerve damage, broken bones, severe bruising, blood clots and hemorrhages, head and brain injuries, and significant neuroskeletal damage. These serious injuries can lead to a later diagnosis of cerebral palsy, Erb’s palsy, brain damage, retardation, developmental delays, and disfigurement – all of which may have been preventable.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Birth Injury: Cerebral Palsy

Cerebral palsy (CP) is an umbrella term used to describe a group of conditions affecting the coordination of muscles, bodily movement, and posture. Cerebral palsy is often caused by a brain injury that typically occurs anytime beginning the second trimester of pregnancy through two years of age. Injuries leading to cerebral palsy are to a very specific area of the brain.

Signs of cerebral palsy generally occur by the first year of the child’s life, though there may be early hints of the condition beginning at the time of birth, including low APGAR scores, presence of seizures, and uneven or asymmetrical movements. All forms of cerebral palsy can be managed to some extent with continuous therapy. However, cerebral palsy is incurable.

There are four major types of cerebral palsy:
Spastic cerebral palsy, characterized by stiff, spasm-like movement.
Ataxic cerebral palsy, characterized by a lack of depth perception and lack of balance.
Dyskinetic cerebral palsy, characterized by a lack of control of bodily movements.
Mixed cerebral palsy, characterized by stiff, involuntary movements.
These types of cerebral palsy are correlated to the specific location of the brain that is injured during its development. This brain injury may have been caused by a number of factors. In about a third of the reported cases, this specific injury is sustained during the birth of the child. In many instances, the mistake or negligence of a doctor, obstetrician, nurse, or other medical professional may have caused the brain injuries resulting in cerebral palsy.

A diagnosis of cerebral palsy requires a lifetime of therapy, treatments, and accommodations for your child and your family. These costs can spiral into the hundreds of thousands of dollars, even for mild forms of CP. Few families can handle the costs associated with treatments, even those families with excellent health insurance. And many parents wonder whether their child’s CP was preventable.

The answer can be complex. A total review of your pregnancy, labor, delivery, and birth by an experienced birth injury malpractice attorney is essential to determine whether cerebral palsy could have been preventable and whether it can be attributed to medical malpractice. At the very minimum, your family deserves answers and options after a cerebral palsy diagnosis. Our birth injury attorneys and our medical-legal support team can help you to learn more about your family’s options after a cerebral palsy diagnosis, and help you receive the most appropriate damage compensation available to you.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Birth Injury: Shoulder Dystocia & Brachial Plexus Injuries

Shoulder dystocia is a childbirth condition where one shoulder of the baby gets caught and stuck in the birth canal. This condition occurs in about 30% of vaginal deliveries and often involves serious, dangerous, risky maneuvers and techniques in order to free the shoulder and birth the baby completely.

Dystocia may be preventable in some instances by using ultrasound to determine whether the baby is at risk because of his or her size, or position or in mothers who have an unusually narrow birth canal. If an ultrasound shows any of these conditions, a C-section is the recommended method of delivery. If a doctor does not utilize an ultrasound or proceeds with a vaginal delivery, shoulder dystocia may be evidence of medical malpractice. But most of the time, there is usually evidence of a separate birth injury to the child in addition to the shoulder dystocia that will suggest medical malpractice.

Some of the birth injuries that may result from shoulder dystocia, will be to the shoulder itself or the surrounding bones, muscles, and nerves. Erb’s palsy, also referred to as brachial palsy, is a specific type of injury to a nerve bundle known as the brachial plexus. If this nerve bundle is injured during birth, the resulting injury is characterized by a loss of movement in the arm and shoulder with the affected nerves. In cases of Erb’s palsy, the nerve damage is caused by pulling the head away from the neck, a clear mistake on the part of the delivering doctor. Erb’s palsy is severe and has long-term effects. Often, this condition can be directly correlated to dystocia. The child will never operate that shoulder and arm normally, nor will muscles fully develop in that shoulder and arm, creating a certain amount of lifelong disability. Significant therapy, accommodations, and treatment may help the condition, but in many cases, these injuries and resulting conditions may have been preventable: and are caused by a doctor’s mistake or negligence.

Other injuries resulting from shoulder dystocia can include head and brain injuries. When the baby is stuck in the birth canal, the child rarely receives adequate oxygen to the brain. The longer the child goes without adequate oxygen, the more that infant is at risk for serious brain injury that will affect the child for his or her entire life. Fetal monitors will often show abnormally high heart rates when the baby is distressed or not receiving enough oxygen. If this continues for more than a minute or so, the fetal heart rate will quickly plummet, endangering the baby’s life. A situation where shoulder dystocia occurs and results in low APGAR scores, as well as a white or blue appearance and lack of or minimal breathing at birth, is a clear warning sign for serious brain and neurological injuries.

After a devastating diagnosis or risky delivery situation, you need answers and options following shoulder dystocia at the birth of your child. Our experienced birth defect attorneys can give you the answers and options your family needs as you choose your compensation strategy for medical bills, adaptive technology, and other immediate and long-term needs for your child. This will likely include long and costly physical therapy bills your family will incur as a result of a preventable Erb’s palsy, shoulder dystocia or brachial plexus injury. Our birth injury attorneys, investigators and medical experts stand ready to help you every step of the way.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Head and Brain Injuries that May Occur During a Difficult Delivery

Head injuries are a typical occurrence in the birth and delivery process. Swelling and bruising of the scalp and forehead are common minor injuries, the direct result of traveling through a tight birth canal. Newborns may also exhibit a pointed head due to the soft cranial skull bone surrounding the brain. And even though most of the time, these conditions are temporary and return to normal within a few days of the birth, because the skull is soft and flexible, brain injuries are quite possible: sometimes with traumatic results.

Overzealous use of forceps, improper canal pressure, and the baby becoming stuck in the birth canal can lead to blood clots and hemorrhages in the brain, hypoxia (lack of oxygen) leading to brain damage, skull fractures, and other serious brain-related injuries. Though many of these injuries may be preventable, improper diagnosis or treatment of these injuries could have serious effects on the life and abilities of your child. Because of this, these injuries may be a form of birth injury medical malpractice.

One of the most common symptoms of brain injury is asymmetrical (uneven) body movement in your newborn child. Mothers will notice that one side of the face or the body does not respond or match the movements of the other side. This is described as a droopy smile or uncontrolled reflex movements rather than symmetrical (even and coordinated) body or facial movements. The affected side may be more sluggish to respond or does not respond at all in many forms of brain injuries. Correct and timely diagnoses are important while the child is developing so that treatments and therapies can begin as early as possible: which will hopefully minimize any effects from the brain injury.

If your child exhibits any or all of these types of injuries, or you suspect your child may have several characteristics of any of these symptoms of possible birth injury, contact our Texas birth injury attorneys and medical-legal team immediately. Our Law Firm retains highly-skilled medical experts to determine whether a doctor, nurse, or medical professional was a fault for these injuries and resulting conditions. If this is so, your family and your child are entitled to legal compensation for these injuries and you need to contact us as soon as possible to discuss your situation or birth injury case with our specialized attorneys.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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The Difficulty of Determining if Birth Injury Has Occurred and Identifying the Liable Defendants

Because birth injury cases are legally complex, a highly experienced birth injury attorney, a medical malpractice lawyer, birth injury medical experts, and a full support team are essential to your case’s success. This team works together with one goal in mind: to provide your family with answers and a full array of effective options for the injuries you, your child, and your family have sustained: and must endure every day.

Birth injury cases are classified as medical malpractice and medical negligence. This means that birth injury legal cases have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments, or actions. In addition, nurses, pharmacists, hospitals, clinics, and anyone else working in a health-related capacity who might have been negligent in the care of the mother or child, and if their negligence resulted in an injury to you or your child might also be liable. However, determining who held the “smoking gun” requires expert legal investigators, doctors and medical professionals to identify with certainty, just whose negligence led to this disaster.

As you can imagine, assessing negligence can be very difficult, and just as tough to prove. The medical community is very reluctant to point fingers and declare anyone liable for their actions. The medical community also likes to hide behind its science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm.

It’s also difficult to prove what happened during the pregnancy, labor, and birth of the child. But our medical experts are very gifted at reviewing and interpreting medical records of the mother and child as well as any notes, admissions, or statements made by medical staff or delivery team: whether they’re formal (on-the-record) or informal (off-the-record). The longer a doctor or medical professional waits to diagnose an injury or determine its extent which led to the harm done, the less likely that the evidence of malpractice will exist. This is why it’s so very important to retain an attorney who specializes in birth injury malpractice as soon as possible. Parents and their legal investigative team must act quickly to preserve as much evidence as possible. Proactive measures such as pregnancy journals are a great way to refresh your memory about the nine months prior to the birth of the child. Plus, such journals also serve as a record of what is usually a very memorable time in the lives of both parents and their child: once he or she is old enough to appreciate the experience.

Here’s why: as soon as questions are asked about your pregnancy, the labor stage, the delivery and birth of your child, medical professionals overreact and alert their insurance companies to a possible future lawsuit, even if nothing was inappropriate or wrong. Then the medical malpractice insurance company launches its own investigation, gathering all evidence, from the tiniest details to the largest actions – all with a single goal: to show that any injuries or resulting harms sustained by you or your child were NOT the result of medical malpractice or medical negligence by any medical professional involved at any point through your pregnancy, labor, or delivery.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Medical Malpractice Insurers, and the Doctors they Cover, Work against Your Claim or Case from the Moment They Know Something is Wrong

Here’s why: as soon as questions are asked about your pregnancy, the labor stage, the delivery and birth of your child, medical professionals immediately alert their insurance companies of a possible future lawsuit, even if nothing was inappropriate or wrong. Then the insurance company launches its own investigation, gathering all evidence, from minute details to the largest actions – all with a single goal: to show that any injuries or resulting harms sustained by you or your child were NOT the result of medical malpractice or medical negligence by any medical professional involved at any point through your pregnancy, labor, or delivery.

Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause a doctor to lose his medical license and causes the insurance company to lose the money that doctor paid for his or her premiums. So the insurance company – and the excellent defense attorneys who represent them – twists the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family as a result of birth injury medical malpractice.

But that’s just one series of challenges. The other surrounds the fact that Texas has enacted tort reform measures that make medical malpractice cases harder to prove. But even if you and your birth injury attorney prove your case, your monetary recovery amounts are capped: in most cases at $250,000 from any single malpractice defendant, no matter whether a jury believes the amount should be much higher based on the facts of your case. Regardless of whether the court believes you and your family deserve compensation for pain and suffering, disfigurement of you or your child, or emotional turmoil brought on in your family as a result of these injuries, the state decides how much you will receive: not the jury.

However, this is where investigation can come in handy. As often as not, medical malpractice can be the product of several instances of negligence by more than one healthcare professional. So if – for example – our investigation reveals four liable defendants, each might be forced to pay the full capped amount ($250,000) which produces a total damage recovery of $1 million.

This is why you must have an experienced and shrewd birth injury malpractice attorney who can properly investigate, then prove your case against a powerful partnership of medical professionals and their insurance company following a preventable birth injury brought on by medical malpractice.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of options for you and your family. Our clients are family at our Texas Law Office and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Birth Injury Attorney. Our lead attorney Discusses Brain Injuries that Occur During Labor

It is possible that during a difficult delivery that your child could have suffered a traumatic brain injury due to the negligence of a medical professional. If this has happened to you, Texas law allows you the right to seek compensation for damages incurred through an insurance claim or possibly a civil lawsuit if your claim is denied. The attorneys of our Law Firm are here to help your family receive the justice they deserve.

It is not unusual for a birth injury to be suspected or even identified by medical professionals at the time of birth. But sometimes these medical professionals will keep that fact to themselves and not share this news with the parents. We find this negligence in diagnosing this condition is often due to embarrassment or a genuine fear of a lawsuit. But withholding of vital information can delay a diagnosis until the child is old enough to indicate something is wrong, when developmental challenges become more evident in the child: even if sometimes, the injury heals itself.

A delay in diagnosis can be a ticking bomb that brings greater harm simply because the earlier the diagnosis, the earlier a mother or child can undergo treatment and begin recovery. Delay of a diagnosis may be a sign of obstetrician (OB) medical malpractice or other birth professional medical malpractice.

Do you suspect a possible birth injury occurred during labor, delivery, or birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. Though these injuries are most-often preventable or more easily treated with timely diagnosis, when they occur, they can be life-altering, or life-threatening, not only for your child but devastate an entire family.

Our birth injury attorneys and medical support team pride themselves on providing a variety of options for you and your family. One will certainly be comfortable, and appropriate for you to pursue. It is in that spirit that we share this valuable information about birthing brain injuries so you and your family can make the best, most informed decisions on how to handle your medical malpractice civil action and deliver the rightful damage compensation that will pay for the medical care you and your family need, and discourage repeated behavior by the medical professionals who caused this catastrophe.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Several Different Types of Brain Injuries can Occur at Birth

Brain injuries at birth range from minor to severe; each carrying its own characteristics and consequences. The birthing process is inherently traumatic. And every woman’s ability to physically conduct a normal vaginal birth is different. During birth, babies are pushed via uterine and lower abdominal contractions through a tight birth canal. Complications can arise quickly and without much warning.

Most often, these difficult “normal births” are due to either an even smaller than normal birthing canal, or opening in the lower “saddle” of the mother’s pelvis which makes it difficult to impossible for the baby’s head to pass through. Women often refer to it as trying to “push a basketball through a garden hose.” Newborns often exhibit facial and cranial bruising from the travel through the birth canal, their heads slightly pointed due to soft, flexible skull and bone structure. And the proper thing to do is for the delivery team to perform a Caesarean section (C-section).

Because the skull is not hard and calcified, many types of brain injuries are easily incurred – some with greater consequence. Most of them can be avoided. Some of these occurrences are just a sad and statistically likely event and “just happen” in spite of the best efforts of the obstetrician and the delivery team. However, many brain injuries are the direct result of negligence on behalf of the doctors and support staff that help deliver the child. When such an event has occurred the parents of the child have every legal right to seek compensation on behalf of their child in order to compensate the child for his or her injuries (and the family who must pay for any and all subsequent treatment). Even minor mistakes in the delivery room can result in millions of dollars in extra healthcare, loss of earning potential throughout the life of the child and in extreme cases, debilitating, life-long physical and mental defects.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Birth Injury: Skull Compression

Because the skull of a newborn is soft specifically so it can pass through the mother’s pelvis and birth canal, compression of the bony structure into the brain matter often occurs. And an infant’s skull seems magically capable of being able to compensate for a short period of physical pressure on the brain and recover: call it the magic of birth. But if that pressure lasts for longer than a minute or two, this extended pressure on the brain can disrupt the child’s development, resulting in retardation, changes in head muscle structure and performance, changes in neural and sensory development, changes in speech and vision, and disruption of the circulatory system. One or more of these conditions can become present in an infant as a result of a long period of cranial compression due to a complicated birth. And this compression of the baby’s skull can lead to many different forms of birth-related brain injuries, including:

Caput Succedaneum – This is a medical term for what is essentially a bump on the head. These often take the form of large knots on the scalp of the newborn, but rarely have much effect than to provide the newborn a pounding headache. Typically these bruises are observed, but often treat themselves within a day or two of birth. Rare is the case when this condition can leave the child with major injuries.

Cephalohematomas are small blood clots between the skill and the scalp of a newborn baby. These clots are usually brought on by a prolonged labor or by use of a vacuum to pull the newborn’s head through the birth canal. Cephalohematomas are typically not too worrisome either. But in severe cases, they may lead to jaundice, anemia, or hypotension, or may be indicative of a skull fracture and resulting infection. And any infection in a newborn can quickly become a Petri dish of other secondary infections that, if improperly treated, can threaten the baby’s life, or lifelong well-being.

Did You Know?
Our attorneys have been fighting for birth injury victims` rights for over 30 years. Call us to discuss your case.

Birthing injuries like the ones above are not all that unusual. And since they are easily recognizable by the parents, the OB/Gyn or delivery team members are more apt to be up-front in sharing diagnosis sooner than later since most of them clear-up rather quickly or can be normally treated, with the odds of secondary problems being very low. But the three below are a bit more sinister and most often, the source of many of the delivery brain injuries suffered by newborns.

Subgaleal Hemorrhage/ Hematoma are two terms that refer to bleeding between the scalp and skull. Typically, subgaleal hemorrhages develop two-to-three days after the birth: but if the condition is severe, symptoms may become evident much sooner. Because this space can hold up to 50% of a newborn’s blood supply, medical personnel must carefully observe the growth of the hematoma across the scalp. And failure to properly monitor or treat this condition early can lead to shock or the sudden death of the newborn. Additionally, this affliction can also lead to hyperbilirubinemia, a condition associated with significant brain injury, retardation, and potential death of the newborn. Though existence of the hemorrhage itself is not a legally actionable birth injury, failure to treat it (and any resulting detrimental conditions due to that failure) is.

Epidural Hemorrhage/ Hematoma is a very serious form of traumatic brain injury. These hematomas occur between the skull and brain matter, putting growing pressure on a portion of the brain. This condition as the potential to permanently damage the functions that area of the brain controls. These hematomas are often due to blunt impact on a portion of the brain, but can be also fueled by intracranial bleeding. Often, newborns will have a lucid interval for a day or so after birth as the blood slowly seeps into the brain, creating pressure that builds against the skull, then reverse-pressures the newborn’s brain, quickly rendering them unconscious. This type of severe brain injury most often directly points to medical negligence in many cases as the level of trauma required for an epidural hematoma is higher than most typical birth injuries.

Hydrocephalus was once referred to as “water on the brain.” It is is the accumulation of spinal fluid between the skull and the brain. Signs of hydrocephalus include an abnormally large head or rapidly growing head, a rounded soft spot on the scalp, eyes that look downward, and seizures that can be as small as barely-perceptible shudders to all-too-apparent uncontrollable shaking. The treatment for hydrocephalus is simply to surgically remove excess fluid and insert a small shunt in the skull to help regulate cranial pressure.

Though hydrocephalus itself is not a birth brain injury, again, the key to preventing resulting injury from cranial pressure, the buildup of fluid, or infection is early detection and quick treatment. A doctor, pediatrician, or obstetrician who fails to notice these symptoms (or fails to take timely action on these symptoms) risks serious consequences for the child, including development delays, organ system problems and failure, and paralysis. These injuries are clearly viewed as birth injuries and if your child’s doctor was negligent in diagnosing, treating or monitoring this condition, it is often medical negligence.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Birth Injury: Hypoxic-Ischemic Encephalopathy

(HIE) is also called Hypoxia or decreased oxygen in the blood. The blood carries oxygen to all cells and organs. Some also refer to it as ischemia, which means decreased blood flow through the baby’s circulatory system. However it is referred to, this condition can result in severe consequences – most of which are preventable. HIE means that during pregnancy, labor, delivery, or birth, the baby did not receive enough blood or oxygen to the brain, resulting in significant injury. During labor and delivery, the proper use and monitoring of fetal monitors are essential to determining the general health and state of the baby prior to and during delivery. These monitors keep track of the baby’s heart rate and temperature – if the baby’s heart rate or temperature takes a sudden sustained jump, the baby is in distress and emergency action must be taken.

In many cases of HIE, fetal monitors are not utilized, not monitored properly or completely disregarded: a clear form of medical negligence. The resulting injuries to the child can be catastrophic. Without enough blood or oxygen to the brain over an extended period (which can be as short as a few minutes, the risks of retardation, epilepsy, learning disabilities, cerebral palsy, seizures, and other lifetime brain and neurological conditions grow exponentially. These permanent injuries occur to approximately 30% of newborns diagnosed with HIE and an additional 30% even face death before birth because of continued lack of oxygen. HIE is often diagnosed twelve to twenty-four hours after birth, usually at the onset of uncontrollable seizures. But the birthing team might begin to see signs of HIE within a few hours of the birth. HIE Babies are often referred to as “blue babies” or “ischemic”. And if normal color doesn’t begin returning to the newborn almost immediately, this should be a clear warning sign for mothers, fathers, and medical personnel that something has gone wrong during the birthing process.

If any of the above serious conditions occurred during or shortly after the birth of your newborn, you need to ask questions: hard questions. And if the answers don’t satisfy you, for the sake of your child and family, contact an experienced birth injury attorney quickly. The health and well-being of your infant child is at-stake: maybe even at-risk.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Birth Injury: Cerebral Palsy

The causes of this condition can be traced to Hematomas, Hydrocephalus or HIE. Cerebral palsy (CP) is an umbrella term used to describe a group of conditions affecting the coordination of muscles, bodily movement, and posture. Cerebral palsy is often caused by a brain injury that typically occurs anytime beginning the second trimester of pregnancy through two years of age. Injuries leading to cerebral palsy are to a very specific area of the brain.

Signs of cerebral palsy generally occur by the first year of the child’s life, though in more acute cases, they can reveal themselves within days of the birth. The first hint might include low APGAR scores (Appearance, Pulse, Grimace, Activity, Respiration), presence of seizures, and uneven or asymmetrical movements. All forms of cerebral palsy can be managed to some extent with continuous therapy. But others can be catastrophic and come with few treatment options (but years of continuous and expensive therapy). But today, in all cases, cerebral palsy is incurable.

There are four major types of cerebral palsy:

Spastic cerebral palsy, characterized by stiff, spasm-like movement.
Ataxic cerebral palsy, characterized by a lack of depth perception and lack of balance.
Dyskinetic cerebral palsy, characterized by a lack of control of bodily movements.
Mixed cerebral palsy, characterized by stiff, involuntary movements.
These types of cerebral palsy are correlated to the specific location of the brain that is injured during its development. This brain injury may have been caused by a number of factors. In about a third of the reported cases, this specific injury is sustained during the birth of the child. In many instances, the mistake or negligence of a doctor, obstetrician, nurse, or other medical professional may have caused the brain injuries resulting in cerebral palsy.

A diagnosis of cerebral palsy requires perpetual therapy, treatments and accommodations for your child and your family. And it’s a life sentence for all of you. These costs can spiral into the hundreds of thousands of dollars, even for mild forms of CP. Few families can handle the costs associated with treatments, even those families with excellent health insurance. And many parents wonder whether their child’s CP was preventable.

The answer can be complex. A total review of your pregnancy, labor, delivery, and birth by an experienced birth injury malpractice lawyer is essential to determine whether cerebral palsy could have been preventable and whether it can be attributed to medical malpractice. At the very least, your family deserves answers and if appropriate, legal and options after a disastrous cerebral palsy diagnosis. Our Law Firms’ birth injury attorneys and our medical investigative and support team can help you to learn more about your family’s options after a cerebral palsy diagnosis, and help you receive the most appropriate damage compensation available to you.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Some Reasons Why Head and Brain Injuries May Occur During a Difficult Delivery

Head injuries are a typical occurrence in the birth and delivery process. Swelling and bruising of the scalp and forehead are common minor injuries, the direct result of traveling through a tight birth canal. Newborns may also exhibit a pointed head due to the soft cranial skull bone surrounding the brain. And even though most of the time, these conditions are temporary and return to normal within a few days of the birth, because the skull is soft and flexible, brain injuries are quite possible: sometimes with traumatic results.

Overzealous use of forceps, improper canal pressure, and the baby becoming stuck in the birth canal can lead to blood clots and hemorrhages in the brain, hypoxia that remains after the birth can lead to brain damage. Skull fractures and other serious brain-related injuries can often occur. Though many of these injuries may be preventable, improper diagnosis or treatment of these injuries could have serious effects on the life and abilities of your child. Because of this, these injuries are often seen as a form of birth injury medical malpractice.

One of the most common symptoms of brain injury is asymmetrical (uneven) body movement in your newborn child. Mothers will notice that one side of the face or the body does not respond or match the movements of the other side. This is described as a droopy smile or uncontrolled reflex movements rather than symmetrical (even and coordinated) body or facial movements. The affected side may be more sluggish to respond or does not respond at all in many forms of brain injuries. Correct and timely diagnoses are important while the child is developing so that treatments and therapies can begin as early as possible: which will hopefully minimize any effects from the brain injury.

And yet, it is also possible that the injury could be the result of defective monitoring devices or other sophisticated equipment used to make birth’s easier to perform or less-dangerous to the mother and newborn-to-be. If our investigators find this to be the case, then there’s the likelihood of filing a defective product lawsuit against the manufacturer of the machinery. Or if it was improperly maintained, the provider who sells and services the apparatus could become a defendant: even the hospital.

Our Law Firm has deep experience in executing successful defective product insurance claims and civil cases over the past 30 years.

If your child exhibits any or all of these types of injuries, or you suspect your child may have several characteristics of any of these symptoms of possible birth injury, contact our birth injury attorneys and medical investigative team immediately. Our Law Firm retains highly-skilled medical experts to determine whether a doctor, nurse, or some other healthcare professional was a fault for these injuries and resulting conditions. If this is so, your family and your child are entitled to legal compensation for these injuries and you need to contact us as soon as possible to discuss this with our specialized attorneys.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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The Difficulty of Determining if Birth Injury Has Occurred and Identifying the Liable Defendants

Because birth injury cases are legally complex, a highly experienced medical malpractice lawyer, birth injury medical experts, and a full support team are essential to your insurance claim or civil case’s success. This team works together with one goal in mind: to provide your family with answers and a full array of effective options for the injuries you, your child, and your family have sustained: and will likely have to endure every day from now on.

Birth injury cases are classified as medical malpractice and medical negligence. This means that birth injury legal cases have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments, or actions. In addition, nurses, pharmacists, hospitals, clinics, and anyone else who works in a health-related capacity may have been negligent in the care of the mother or child. However, determining who held the “smoking gun” requires expert legal investigators, doctors and medical professionals to clearly identify exactly whose negligence led to this disaster.

As you can imagine, assessing medical negligence can be very difficult, and just as tough to prove. The medical community is very reluctant to point fingers and declare anyone liable for their actions. It also likes to hide behind the “mysteries” of its science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm.

They also claim the difficulty in proving with any certainty, what happened during the birth of the child. But our experienced medical experts and investigators are very gifted at reviewing and interpreting medical records of the mother and child as well as any notes, admissions, or statements made by medical staff or delivery team: whether they’re formal (on-the-record) or informal (off-the-record). The longer a doctor or medical professional waits to diagnose an injury or determine its extent which led to the harm done, the less likely that the evidence of malpractice will exist. This is why it’s so very important to retain an attorney who specializes in birth injury malpractice as soon as possible! Parents and their legal investigative team must act quickly to locate and preserve as much of the evidence as they can; even that which might have been hidden. Proactive measures such as pregnancy journals are a great way to refresh your memory about the nine months prior to the birth of the child. Plus, such journals also serve as a record of what is usually a very memorable time in the lives of both parents and their child: once he or she is old enough to appreciate the experience.

Here’s why: as soon as questions are asked about the delivery and birth of your child, medical professionals overreact and alert their insurance companies to a possible future lawsuit, regardless of whether such a claim is ultimately filed or not. Then the medical malpractice insurance company launches its own investigation, gathering all evidence, from the tiniest details to the largest actions – all with a single goal: to hopefully show that any injuries or resulting harms sustained by you or your child were NOT the result of medical malpractice or medical negligence by any medical professional involved in your labor or delivery.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Medical Malpractice Insurers, and the Doctors they Cover, Work against Your Claim or Case from the Moment They Know Something is Wrong

Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause this person to lose his or her medical license and causes the insurance company to lose the money that the doctor paid for their premiums. So the insurance company – and the excellent defense attorneys who represent them – twist the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family if they must pay a claim or civil judgment from a birth injury medical malpractice civil offense.

But that’s just one series of challenges. The other surrounds the fact that Texas has recently enacted tort reform measures that make medical malpractice cases harder to prove. But even if you and your birth injury attorney prove your case, your monetary recovery amounts are capped: in most cases at $250,000 from any single malpractice defendant, no matter whether a jury believes the amount should be much higher based on the facts of your case. Regardless of whether the court believes you and your family deserve compensation for pain and suffering, disfigurement of you or your child, or emotional turmoil brought on in your family as a result of these injuries, the state decides how much you will receive: not the jury.

However, this is where investigations can come in handy. As often as not, medical malpractice can be the product of several instances of negligence by more than one healthcare professional. So if – for example – our investigation reveals four liable defendants, each might be forced to pay the full capped amount ($250,000) which produces a total damage recovery of $1 million. But FYI – in a defective product lawsuit, there are no damage caps in Texas.

This is why you must have an experienced and shrewd birth injury malpractice attorney who can properly investigate, then prove your case against a powerful partnership of medical professionals and their insurance company following a preventable birth injury brought on by medical malpractice.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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The Best Weapon in your Fight for Birth Injury Malpractice Compensation is an Experienced Attorney

Since tort reform was enacted, there is a smaller pool of law firms that are willing to take on plaintiff malpractice cases. But our Law Firm believes that all victims deserve the right to recover legal damages, and need the right assistance, to seek and win fair damage compensation for any negligent medical malpractice.

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

Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your child’s birth injury malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert witnesses to assist in the investigation and testify on your behalf.
Deal with all communications with all involved parties, compose, receive, and manage all correspondence. We take care of ALL the paperwork and every contact.
Clearly prove all liability and damages to help you win the best and fairest compensation amount on behalf of your child and family.
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 malpractice case possible for you in court if a trial is necessary and compute a fair and representative damage request.
If your child was born hypoxic or ischemic, or was diagnosed with HIE, call our Law Firm to speak to our attorneys today

The attorneys at our Texas Law Office have over 30 years of experience with every type of medical malpractice case. We have an intimate knowledge of the changes enacted by the tort reform. All of our attorneys know how to secure expert witnesses and present your case in such a way that all the relevant conditions for success are met. In other words, we can ensure that the true extent of your child’s injuries is known, and we can convince a jury that your newborn was the victim of medical malpractice or medical negligence.

We have a successful track record in successfully negotiating and litigating hundreds of malpractice cases. All malpractice liability insurance companies know how successful we are at constructing bulletproof civil claims. Often, once they know we’re on the case, they usually offer our clients a favorable settlement without even taking a case to court, which means we can help you get back on your feet even quicker.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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