and more legal 8/31/2020 – Truck Accidents – gtg

Texas Truck Accident Injury Lawyer Discusses Common Unsafe Trucking Practices

Unsafe trucking practices lead to approximately 100,000 injuries and 5,000 deaths per year in the United States alone. These astronomical numbers are a somber reminder that this necessary part of modern living has its price. Large commercial trucks, 18-wheelers, semis, big-rigs, and other types of commercial vehicles can cause immense damage when even a small error occurs. Trucking accidents in Texas can be caused by any number of unsafe trucking practices.

Asleep at the Wheel
Truckers earn their wages by spending time on the road and by quickly delivering their goods. This can be a recipe for disaster as it causes some truck drivers to overextend themselves and drive too long under poor, personal physical conditions. Likely causes of truck accidents often involve a driver falling asleep at the wheel, then causing devastating amounts of damage to both themselves and others. While these are well-known risks, Congress recently chose to actually extend the number of possible hours a truck driver is allowed to legally drive from ten hours to eleven hours. Adding that extra hour may not seem like much, but, in reality, it has been a continual cause for unsafe trucking practices.

However, there are rules and regulations stated by the Federal Motor Carrier Safety Administration, or FMCSA, that define the necessary limits of fatigue and other factors relating to commercial truck drivers:

Article 392.3 – Ill or fatigued operator
“No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.”

Breaking the Speed Limit
Because truck drivers can earn more the more quickly they deliver their products, the code also speaks to breaking the speed limit:

Article 392.6 – Schedules to conform with speed limits
“No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”

The Bottom Line
Despite these prudent regulations, truck companies and their employees tend to bend the rules in favor of earning a little more cash. Drivers want to cover the most amount of miles possible in the least amount of time because it will result in a better pay rate for themselves with more time off. In other words, even though they are mostly paid by the mile, truck drivers can increase their hourly wages, so to speak, by driving just a little bit faster. Their employers also stand to make more money if their drivers are able to cover long distances in a short amount of time. Unfortunately, it is this drive for more dollars than can oftentimes lead to fatal or injurious truck-related car wrecks.

Taking On the Insurance Company in a Truck-Related Accident
Trucking companies that encourage unsafe trucking practices should be held accountable for their actions, especially if their negligence results in the death of your loved one or personal injury to yourself. Many of these companies hold valuable insurance policies that they will defend to the teeth with aggressive lawyers, highly-trained insurance adjusters, and accident recreation specialists. Trained to rapidly respond to an accident scene, they will typically start building a case against you as soon as the accident has occurred, often before you might have even thought about contacting competent legal help. With years of experience behind them in being able to completely shut down legitimate insurance claims in trucking accident cases, these lawyers and insurance carriers show little remorse to the victims in need of fair compensation. In essence, they will do everything in their power to prevent you from getting fair compensation.

The Experienced Attorneys at our Law Office Can Help
On the other hand, with 20 years of hard-earned experience in Texas trucking accident cases, the lawyers at our Law Office will do everything in their power to ensure that you receive fair and just compensation. With hundreds of settled cases, including many multi-million dollar settlements, our reputation is so well-known with trucking accident insurance carriers that our clients are typically offered out-of-court settlements because these insurance companies know that we’re fully capable of winning a case should it go to court. While we are prepared to go to court should that best suit your case, we also want to lessen your time spent having to worry about the legal ramifications of being involved in such a traumatic event like a truck-related accident. For that reason, we seek to serve you best by attempting to gain a settlement out of court.

No matter the circumstances of your case, we will always keep you informed and help to guide you to the best possible route your case should take. If unsafe trucking practices have caused injury to yourself or someone you love, consider contacting the competent Texas attorneys at our Law Office. Let us help you receive full and fair compensation.

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If You’ve Been Injured in an Accident With an 18-Wheeler, Call Our Truck Accident Attorneys

There are many forms of commercial vehicles you’ll find on all the major roads. On any given day, you’ll see rock haulers, dump trucks, construction vehicles, buses, tankers, moving vans, and several other kinds of such vehicles on the road.

While these vehicles perform a variety of critical roles, transporting goods throughout Texas and the United States, they can also wreak havoc on fellow motorists when they collide with a car. The larger a vehicle, the more damage it can cause – and some of these commercial vehicles are obviously huge.

While there is a wide range of commercial vehicles, personal injury and/or wrongful death claims that emanate from accidents involving them share a few similarities:

As stated previously, they are larger, so they cause more damage than a typical passenger car.
They are subject to different laws than typical cars. Many of them are owned by large corporations with the deep pockets necessary to present a formidable defense and deny just restitution to plaintiffs.

A lot of truck accident lawyers can say they’ll handle your truck accident litigation, but precious few have tangible experience dealing with cases involving 18-wheelers and other commercial vehicles. Our truck accident attorneys have litigated these kinds of cases for two decades, and have won hundreds of them.

Our attorneys know how to fight just as hard as the opposition, and we have the resources, reputation, knowledge, and experience to either defeat that opposition outright in a trial or to compel them into offering a just out-of-court settlement. Many times, a trucking company or insurance provider will choose to give our client a fair settlement rather than risk losing a great deal more money by losing a case in court.

The truck accident attorneys of our Law Office will bring you many advantages should you decide to use us for legal representation. We not only have 20 of experience handling this type of litigation, but we have also won hundreds of them, as well as thousands of personal injury cases in general.

In this article, you will find information on how a commercial vehicle accident typically flows, and some of the hurdles you will have to overcome in successfully pursuing litigation in this kind of case. This information, however, is intended only to provide a general idea of how commercial vehicle accident litigation works. It is in no way intended to replace the advice of an attorney. Only an experienced attorney can listen to all the details of your case and provide a strategy for successful litigation.

The Process of Litigating 18-Wheeler Accident Cases
There are few motor vehicle accidents that can cause the devastating kind of damage an 18-wheeler accident can inflict. These behemoths can weigh up to 40 tons (80,000 pounds), so when they are involved in a collision with almost any other kind of vehicle you can find on the road, they’ll usually win. And truck drivers are usually paid by the hour, so in order to make as much money as they can, they will often drive for an extensive period of time without taking a break. This often leads to drivers experiencing concentration lapses, and even a momentary loss of consciousness. It’s only natural, then, that accidents, property damage, injuries, and deaths will often be the result of these drivers pushing the limits – and often exceeding the boundaries – of their endurance.

The truck accident lawyers at our Law Office have handled personal injury cases resulting from 18-wheeler accidents for two decades, so we are well aware of the many legal and medical questions people will have after they’ve suffered an injury – or a loved one has died. The most important thing you need to realize, obviously, is that you must be evaluated by a medical practitioner after the wreck. You need to do so not only for your health, but to also get any injuries you may have suffered documented. Don’t hesitate to get medical attention because you don’t have insurance or are under-insured. We can help you find a doctor who will take your financial means into consideration and come up with a payment plan that fits into your budget. Don’t let a lack of money keep you from getting the medical help you need.

After you handle Priority One, which is getting medical attention, then you can start to focus on getting fair restitution for the harm that has befallen you. In the State of Texas, those whose negligence resulted in the accident that caused your injury are not required to pay for your injuries and accompanying financial losses. Rather, the victim, known as the plaintiff in legal terms, bears the burden of proving he or she should be compensated for losses resulting from the accident. The only chance you have of getting the compensation you deserve is through the help of an experienced truck accident lawyer. We would like to tell you what legal avenues you may be able to pursue so that you can get the compensation you deserve.

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The following are some of the elements of a case involving an 18-wheeler accident. All of these will be explained in detail below.

Reasons to file a lawsuit.
Determine the negligent parties responsible for the accident.
A vital need for a thorough and quickly-launched investigation.
The hurdles people faced by those who choose to represent themselves.
How an experienced truck accident lawyer can help.

Again, we must stress before going any further that the information in this article is in no way intended to take the place of a skilled lawyer who can analyze the details that are specific to your case. Call the attorneys at our Law Office for a confidential and free consultation. We’ll be happy to answer any questions that you might have concerning the specifics of your litigation.

Reasons for Filing an 18-Wheeler Accident Injury Suit
Our attorneys know all too well the devastation that can result from an 18-wheeler accident, on both a physical and emotional basis. Through our two decades of experience in handling these cases, we have learned that many times, a victim of a truck accident will hesitate to pursue litigation. They often feel awkward trying to put a monetary value on their injury, and don’t want to have to, basically, re-live the accident all over again. As difficult as this may be, however, it is critically important to act quickly in order to have any chance at all of getting the compensation you have coming to you.

Pursuing legal action in order to get compensation for the injuries caused by a truck accident can serve two purposes: first, it helps those injured obtain the just restitution needed to cover medical expenses and other monetary losses suffered as a result of the crash. Secondly, pursuing litigation punishes those whose negligence led to the accident. Of course, no amount of money can properly compensate you for the physical and emotional trauma you’ve experienced. However, the reality is that your medical bills are accumulating, and you’ve lost wages since you probably haven’t been able to return to work since the accident. These are sizable losses, and the only way to recoup them – by seeking compensation from those who are responsible. Unless you file a lawsuit against the party or parties that caused your accident, it is very unlikely you will be able to pay your medical expenses, pay for the damage to your car, or fulfill any other monetary obligations you may have as a result of your accident.

In the long run, you may also wind up helping someone else if you file a lawsuit. A successful suit could force the company that owns the 18-wheeler to re-think its safety procedures. After all, the punishment it suffers by losing could be the wake-up call it needs. Thus, the likelihood of another accident could be reduced – the amount of money a trucking company loses in this kind of a suit isn’t a mere slap on the wrist. Companies notice when they lose lots of money, they tend to try and fix whatever problem led to the huge financial hit they’ve just taken.

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Negligence and 18-Wheeler Accidents
You cannot file a lawsuit in an 18-wheeler accident – at least not if you want to have a chance to win – unless you can identify how the wreck occurred and who caused it. There are several parties that have some involvement in any sort of trip involving the transportation of goods on a truck; it is very likely more than one of them either caused or contributed to the accident you experienced through their negligence. A seasoned truck accident attorney knows how to use that experience to accurately identify both the cause of your wreck and those whose negligence played a role.

There are several different parties they may eventually be held at least partially responsible for your accident through their negligence. They include the truck driver, the company that owns the truck, the manufacturer of the truck or trailer, the company in charge of planning the route the truck took, the company responsible for the loading of the truck, and other drivers or other third parties.

The truck driver – Truck drivers spend long hours driving and are normally liable, in part or in whole, for injuries that result from a truck accident. In some instances, truck drivers cause accidents due to intentional acts of negligence such as erratic driving, running stop signs, speeding, or even worse, operating their vehicle under the influence of either alcohol or drugs. A trucker’s chances of getting into an accident double when being behind the wheel for eight consecutive hours, studies show. Also, one in five truck drivers admitted to falling asleep at the wheel at least once in the month before they were surveyed. If the negligence of a truck driver – whether on purpose or by accident – caused the accident that injured you, then you can file a personal injury lawsuit against him or her.

The trucking company – Texas law operates under a legal doctrine called “respondeat superior,” which means that employers are responsible for the actions – or inactions, in some cases – of their employees. If a truck driver was negligent and the accident that injured you occurred as a result, the trucking company that hired that driver is liable as well. If a driver causes an accident while driving drunk, not only is he or she liable, but also the company that hired the driver is liable as well for your injury.

The company itself need not perform any sort of negligent act in order to be held liable for the negligent actions of its employee. As long as the truck driver exhibited negligence, that company can also be sued for damages. Most of the time, it is much more desirable for a plaintiff to pursue damages against a trucking company because it has a much greater amount of resources than will one of its truckers.

The truck manufacturer – There are thousands of interlinked parts found in a truck and the trailer attached to it. Should any one of them fail while the truck is in motion, a devastating accident may occur. If a design defect or manufacturing error leads to the malfunction and resulting accident, then an injury victim can pursue litigation from the manufacturer.

The company that planned the route the truck took – Many times, a truck will travel on a road not zoned for trucking, or in a neighborhood where trucks are not allowed. And there are a lot of bridges that have both weight restrictions and height constraints those trucks oftentimes violate. Trucking companies often hire independent companies to plan safe routes for those trucks to take. However, if a planning company falls short in this department, and plots an unsafe route, then that company could be held liable for any accident that results.

The company in charge of loading the cargo – Sometimes, one company that owns cargo loads it in the truck, other times that company will contract cargo loading to another company. Regardless of which company is in charge of the loading, if that job is improperly done, and an injury-causing accident occurs as a result, the company that loaded the cargo can be held liable. There is an 80,000-pound cargo limit for 18-wheelers, but a lot of times, companies try to overload a truck in order to transport more goods in a cheaper fashion. The reason weight limits are in place is that trucks that are overloaded have more of a chance to fall over and cause a much worse accident than a properly loaded truck.
Should a company charged with loading the cargo secure it in an unsafe manner, and that cargo comes loose while the truck is in motion, this could cause a shift in the load that will cause the trailer to topple and result in an accident with other vehicles. Cargo improperly loaded onto a flatbed truck can fall directly onto the road and into surrounding cars, causing a great deal of damage. Should an injury occur as a result, again, the company in charge of loading the cargo can be held liable.

Other drivers – Truck drivers aren’t the cause of every accident involving a truck. There are times where fellow motorists drive irresponsibly and cause an accident with the truck, and in turn, still more drivers are hurt and more property damage ensues. If this happens, an injury victim can initiate litigation against that irresponsible driver.

Either one of those parties or a combination of several of those parties could have, in part or in whole, been responsible for the accident that resulted in your injury. If you have been injured in an accident that resulted from someone else’s negligence, you need to enlist the services of a seasoned and effective truck accident attorney who can determine the cause of the accident and identify all potentially responsible parties. That way, you can obtain the restitution coming to you from all of those involved. Call us today for a free consultation.

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The Vital Need for a Thorough and Quickly Launched Investigation

One critical element to a successful personal injury lawsuit is fast action in launching an investigation into the accident that caused your injury. It is the only way to gather all the evidence a plaintiff needs to meet his or her burden of proof to identify the cause of the accident and determine the responsible parties involved. Because there are a large number of potentially responsible parties in this kind of case, an investigation is necessary to assign relative degrees of liability to those responsible. Evidence is needed to sway a judge or jury in a case, and that evidence can often disappear quickly. Witnesses’ memories get cloudy, or witnesses disappear completely. The accident scene undergoes physical changes due to weather. Any potential video footage of the accident can be quickly taped over. So it is imperative that you act quickly to get that investigation launched. The longer you wait, the higher the probability that the proof you need will evaporate. The longer you wait, the less of a chance you have of winning your case. The damage that is done by waiting too long can wind up being irreparable.

The truck accident lawyers at our Law Office have two decades of experience in launching thorough investigations of accident cases. Upon being hired, we immediately spring into action and get to the accident scene – with no charge to our client – so we can begin to gather the evidence that will satisfy the plaintiff’s burden of proof. We will take photographs, sequester and examine all vehicles involved, search for any existing video evidence (such as security video footage from a nearby business or any potential traffic control video, for example), pore through police reports, take measurements of the distance between skid marks and impact points, conduct forensic tests, find and interview witnesses, and catalog that evidence in a way that it is admissible in court.

Unfortunately, if you’re reading this, that probably means you haven’t yet hired a lawyer. And if that’s the case, you’re already falling behind in your case, because you can bet the defense has already started its own investigation. Usually, the company that owns the truck or its insurance company will immediately dispatch a team of investigators to the scene once the trucker reports an accident. Investigators working on behalf of the defense have no interest in determining how the accident took place. All they want to do is collect evidence that will help them prove your own negligence caused your injury. If you don’t have legal representation working on your side and conducting an investigation on your behalf, there will be no way you could possibly know if the defense might have tampered with evidence or conducted an honest investigation. Some defendants are not above altering evidence, especially when they know there is no investigation happening for the plaintiff. If the defendant gathers enough evidence to prove your negligence, your case can be easily defeated and your claim denied. Even if they can prove you were partially responsible because of your negligence, the amount you are rewarded could be significantly lessened.

In one recent case, our clients were the families of two men who were in a car that suffered a devastating accident with an 18-wheeler. The driver died and his passenger was critically injured when their car hit the truck while the truck was trying to make an awkward turn. The trailer of the truck stretched across the road and was difficult to pass. This kind of mistake happens more than you may think, even though you may assume all truck drivers are experts. It was dark when the accident occurred, and only the truck’s taillights on the side of the road were visible to oncoming traffic. Most of that trailer could not be seen.

Our clients’ car rounded a bend in the road and hit the trailer at full speed. The resulting impact tore the car’s roof off. The driver instantly died and the passenger went to an intensive care unit with massive injuries. Their families hired us within 24 hours and we immediately began an investigation, sending our investigators to the accident scene. The car was nearly obliterated, so it was sent to a nearby salvage yard. When our investigators inspected the car, they found that the car had no headlights. They weren’t just broken, they were completely missing. That obviously alarmed our investigators, and we began to worry about whether the case might have been irreparably damaged. Thankfully, however, there was a security camera in the salvage yard and we were able to obtain a copy of the video. Incredibly, that video showed a trucking company employee removing the headlights. When that company claimed the headlights of our clients’ car had been turned off, we were able to expose their blatant and malicious lie. They should have made a fair settlement offer before the trial. Because they didn’t we made them pay very dearly.

The point here is to underscore the vital importance of hiring a lawyer just as quickly as you possibly can after an accident occurs. The security system of that salvage yard we mentioned tapes over camera footage every 48 hours. If our clients had hesitated at all before hiring us, that critical bit of evidence would have been deleted, and the trucking company would have gotten away with their deception.

The only way to guarantee that evidence will be preserved, and that is to launch an investigation immediately following an accident. The only way that can happen is by hiring a lawyer as quickly as you possibly can.

The truck accident lawyers at our Law Offices routinely run into deception on the part of truck accident case defendants and know how to expose it. In order to have the best chance possible at doing so, however, you must act quickly so a thorough investigation can take place. There are some rare occurrences where our investigators have been able to gather evidence well after an accident happened, but, as we have said repeatedly, the quicker you begin an investigation, the better your chances at successful litigation. If you have not hired an attorney, please do not wait any longer.

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The Hurdles Faced by People who Choose to Represent Themselves

Pursuing a claim against those responsible for your truck accident injury isn’t like filing an insurance claim after a typical car wreck. This isn’t something you can do by yourself; it’s impossible for a layman, and tough for the novice attorney. The typical trucking company insurance policy is 50 times more than that of a regular car insurance policy. Because these policies are so large, the litigation surrounding them can be extremely intricate and complex. If you choose to go it alone, you could be making the biggest mistake of your life. That might seem like an exaggeration, but it’s not. If you do not have legal help, you can just about guarantee you will lose your case. Once that happens, you will be on the hook for any medical expenses you’ve accumulated and all those lost wages. You’ll never get that back unless you have an incredibly generous employer. What if you can’t ever work again because of the accident? You get one chance at litigating this kind of case. If you lose, you’ll never again have the chance to get compensated for lost potential future earnings. Think about that long and hard before setting off on this course by yourself.

There are several reasons you simply cannot try this by yourself. Some of them are: satisfying the burden of proof, dealing with insurance company operatives, self-insured trucking companies, and truck drivers who choose to lie.

Satisfying the Burden of Proof
In the State of Texas, the law does not require a defendant to pay a victim anything after he or she has been injured in a truck accident. The victim, or plaintiff, has to prove the defendant owes him or her compensation. In order to get that compensation, the victim has to produce compelling evidence to sway a judge or jury. Evidence still needs to be produced even when negotiating an out-of-court settlement. The defendant or the defendant’s insurance provider must be compelled to negotiate in good faith; that won’t happen if you don’t have evidence on your side. In order to meet the burden of proof, you need to establish duty, breach, causation, and damages. These are detailed below.

-Duty – The State of Texas has established that everyone owes everyone else a duty of care. In your case, you have to prove the defendant owed you the duty of providing for your safety by behaving in a responsible manner. There are different levels of duty of care that apply in different ways. In the case of motorists, all drivers owe all other drivers a duty of care to drive in a manner that is safe for everyone else on the road. In the case of a truck accident, this is a fairly easy element to establish.
-Breach – You must next prove that the defendant (or defendants) breached that duty of care that you were owed. This breach typically occurs when a defendant places others in danger, either through an action that a reasonable person would not be expected to do or through inaction where a reasonable person would be expected to do something. You have to produce evidence that proves the defendant in your case ignored that duty of care either through action or inaction. You will need a seasoned truck accident attorney who is adept at using evidence to convince a judge or jury that the defendant or defendants acted in an unreasonable fashion.
-Causation – To establish causation, you must prove that the injury you incurred happened as a direct result of the defendants’ breach of duty. There are many potentially liable parties in a case involving a truck accident. Because of this, it takes extremely compelling evidence to make the judge or jury believe that defendant’s breach and the subsequent harm that befell you have a causal relationship. That’s an important distinction to make because if you can’t the defendant can defeat your case by shifting blame for your injury to another party. Most of the time, a defendant’s best chance at winning a case is to shift the blame to the plaintiff for causing his or her own injuries through his or her own negligence.
-Damages – Successfully establishing the three components mentioned above is not enough to win your case. You must also prove the damages owed to you by the defendant for the injury you have suffered. “Damages,” from a legal standpoint, do not refer to destroyed property or injuries. The term instead means the monetary value assigned to those injuries or property damage. A plaintiff can seek damages for lost wages, pain and suffering, lost potential earning capacity, property damage, and other losses that were incurred by the plaintiff due to the accident.

You can’t just show up to court, stick out your hand, ask for a bagful of money, and get it. Again, you must bring forth rock-solid evidence that not only proves the losses you have incurred but how you calculated the value of the damages. Usually, a defendant will fight that amount and will provide their own estimated value of damages, and that will obviously be a lesser amount – at least that’s the case the vast majority of the time. However, to prove that the defendant is attempting to shortchange that amount of damages, you must present unassailable evidence to establish those calculations are legitimate.

Determining the value of those damages can be extremely perplexing for novice lawyers and basically impossible for the layman. Damages such as loss of future earning potential and pain and suffering are basically a matter of opinion, and very much open to interpretation. It’s very, very hard to, basically, put a price tag on pain and suffering, and extremely difficult to estimate lost potential earnings – especially when you try to take into account potential raises in future years and inflation. Again, you get one shot in court to calculate this amount, just as you have but one chance to win the case as a whole. The truck accident lawyers with our Law Office have been accurately determining the value of damages for 20 years. We have dealt with enough cases that are similar to yours to be able to make an accurate estimate of damages, thereby helping you get the compensation you have coming to you.

If you fail to meet any of the standards associated with any of the four above-mentioned elements, you will lose your case. And with it, any chance you’ll ever have at getting fair restitution for all the physical and emotional trauma you have experienced. There is no alternative – you simply must obtain legal representation. Our attorneys have years of experience pursuing legal action regarding truck accidents, and over those years have learned how to formulate a strong plan to meet all the necessary standards and compel any judge or jury to decide in your favor.

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Large Insurance Policies

Trucking companies are required by federal law to buy insurance policies to protect themselves from accidents involving their rigs that result in injuries and deaths. And these insurance policies are very expensive. For whatever reason, a lot of people think that, since these companies are so rich, they’ll fork over money really easily. That couldn’t be farther from the truth. As we noted previously, the average truck insurance policy is worth 50 times a typical car policy. So it only follows logically that an insurance provider will put at least 50 times more effort – and devote 50 times the resources – into defending a trucking insurance policy.

Hopefully we’ve gotten across the point that there is a huge amount of money at stake in this kind of case. So the insurance company will send its best adjustors to deal with settlement negotiations. These professionals are highly trained and highly paid. They are the best of the best in their field. They deal with people like you all the time. They are experts at preying on the confusion and shock victims go through after an accident and will use that to their benefit. Basically, they’re sharks. If you don’t have experienced legal representation by your side during negotiations, they’ll eat you for lunch. You may view one of these adjusters much in the same way you’d look at your neighborhood insurance agent, a friendly type who really doesn’t apply a lot of pressure. They’ll use that picture you may have in your mind against you.

At first they’ll act very nice and cordial. They’ll say they want to help you get compensated for all you’re going through. But first – and this could kill your case if you comply – they’ll say they just want you to answer a few basic questions. If you take nothing else away from this article, remember this – these people don’t want to help you in the least. All they want you to do is increase their company’s bottom line. And the way they do that is denying claims. They’ll say they only want you to answer a few simple questions, and when you agree, they’ll then unleash a torrent of questions aimed at getting you to admit responsibility for the accident. They’ll basically re-word the same question over and over and over again in an attempt to get you to make a mistake. And they’ll be recording your answers so that when you do slip up, they’ve got you. They’ll use that against you in court and your case will be thrown out. You’ll leave that courtroom with no more than which you entered it.

Aggressive insurance adjustors will sometimes try and get accident injury victims to forfeit their rights by making an insulting settlement offer. They might be waving what you think is a big check in front of you, but don’t fall for it. It will be a mere pittance compared to what you actually have coming to you in terms of fair compensation. You may not want to go through the uncertainty and headaches associated with a trial, and that check might be a fast way out. If you accept it, that check won’t come close to covering your medical bills, lost wages and all the other financial impacts of your accident. Do not accept any kind of monetary settlement from an insurance adjuster unless you have an experienced lawyer by your side.

In fact, the best rule of thumb is simply to NEVER talk to an insurance adjuster without an attorney present. The less talking you do in regard to your case with anyone on the other side, the better. That goes for your employer as well as the insurance company. Hire an experienced truck accident attorney and let him or her handle the insurance adjuster. That way you can rest easy knowing your rights will be protected.

The insurer will also try to avoid paying you for your injury through the use of a highly skilled team of lawyers that will look for any loopholes they can find, and present all kinds of procedural obstacles in your way. An experienced attorney knows how to deal with the tricks insurance companies like to play. We’ve won cases against every insurer in the United States, so we know what to expect, and how to deal with it.

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The Dangers of Self-Insured Trucking Companies

As formidable a foe as an insurance company can be, a trucking company that chooses to insure itself can be even tougher to deal with. Some companies set aside a certain amount of revenue in order to protect themselves from lawsuits. Many times, an officer of the company will be dispatched to deny your claim. These people differ from insurance adjustors in many ways, the most significant being that adjusters are licensed. As aggressive as they might be, at least adjusters are expected to conform to a certain standard of ethics. An officer with a self-insured trucking company, however, has no such constraints, and as a result, many of them have gained a reputation for acting dishonestly and being exceedingly difficult to negotiate with. A self-insured trucking company officer more than likely gets paid in part through a profit-sharing program. When such a company loses a personal injury or wrongful death lawsuit, those profits are lessened. It follows, then, that the officer loses money when that happens, so he or she will do whatever it takes to make sure you lose your case. Self-insurers have often resorted to underhanded tactics in an effort to kill cases, such as tampering with or altering evidence, threatening victims, and bullying witnesses.

If you feel that a self-insurer has threatened you in any way, a truck accident lawyer will put a stop to it. The attorneys at our Law Office know how to use litigation to convince self-insured companies to negotiate in good faith.

Never Trust a Truck Driver
While we all would like to think that all people are honest, the fact is that a lot of people aren’t, obviously. This can be especially true in the case of a truck driver who is responsible for an injury-causing accident. The driver basically has a very strong incentive to lie and claim that the wreck was your fault. Truck drivers who are found negligent in causing an accident are often fired from their jobs, and with that kind of black mark on their record, it can be extremely difficult for them to find other, similar employment. So in order to protect their livelihood, they may see no other choice but to lie, especially when you consider the state of both the economy and job market. These people may otherwise be trustworthy and honorable people, but when it comes to protecting their ability to provide for their families, it’s not surprising that some of them will resort to lying. But in order to obtain the compensation you deserve for the injury you’ve suffered due to a truck driver’s negligence, you’ll need help to prove he or she is not telling the truth.

The attorneys with our Law Offices are extremely adept at investigating accidents and collecting the necessary evidence to expose the lies of a truck driver. Our attorneys have interviewed thousands of witnesses in the last two decades, so we have learned how to ask the right questions and uncover the truth.

How We Can Help You
If someone’s negligence has led to a truck accident that has resulted in either an injury to you or the death of a loved one, you need the help of an experienced truck accident lawyer in order to get the compensation you deserve for everything you’ve had to go through. Our attorneys will take care of every single component of your case and keep you informed of developments so you can focus on what’s most important – healing from the accident, whether it be physically, emotionally, or both. Following is just a few of the services we provide our clients:

Launching an investigation into the cause of the accident.
Determining the parties responsible and pursuing the appropriate litigation against all of them.
Gathering the evidence necessary to fulfill your burden of proof requirement.
Putting our reputation to use in pressuring defendants to offer a fair settlement, or, if the case goes to trial, plotting an effective strategy to sway a judge or jury in our clients’ favor.
Shielding our clients from the aggressive and harassing tactics of insurance adjustors or officers affiliated with self-insured trucking companies.
Forcing self-insured trucking companies to negotiate honestly and behave in an ethical manner.
Ensuring that our clients get the medical assistance they need.
If you’re reading this, that probably means you have not yet hired a lawyer. You can guarantee the opposition has already put their game plan to defeat your case in motion. The longer you wait, the greater the chance you are doing harm to your case, and lessening the chances that you’ll get just restitution. Call us as soon as you possibly can for a confidential and free consultation. Find out how we can help you in the same way we’ve helped thousands of other Texans.

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more law 8/31/2020 – Construction Accidents, Wrongful Death, Car Accidents, Tire Blowout/Rollovers, Birth Injury – gtg

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Sole Proximate Cause
This only true defense a non-subscriber can use to avoid paying a claim is the Sole Proximate Cause defense – that the deceased employee was 100 percent responsible for his or her own death. The only way an employer can successfully prove this defense is by making your family out to be a habitually incompetent employee who was negligent on a regular basis. If successful in proving Sole Proximate Cause, the employer will be able to keep from paying your family the compensation that you deserve.

While it’s true the company did not see fit to pay for workers’ comp insurance, you can guarantee that company will open its checkbook and pay big money to a defense lawyer who is adept at dragging deceased construction workers through the mud. It is imperative you have an experienced and effective attorney by your side to defeat those lowdown tactics and protect your loved one’s reputation.

The Employer/Employee Relationship
A few employers will try and skate the rules by claiming the deceased worker was never really a “true employee,” but a contractor. In Texas, contractors are solely responsible for their own safety in the workplace. But merely making that claim does not mean that Texas law will view that worker as a contractor. Attorneys with our Law Office are very adept at proving that an employer/employee relationship existed by examining pay stubs and contracts and interviewing fellow workers in order to satisfy one of the several standards that prove an employer/employee relationship. These include:

The employer held back Social Security or taxes from the worker’s paycheck.
The employer was responsible for providing the equipment necessary for the worker to perform his or her job.
The worker was expected to follow a set schedule established by the employer.
Your family member either signed a document or performed a task, that limited his or her rights while working for that company. For example, he or she signed a document that stated he or she agreed to comply with an employee handbook or took a drug test.
The worker was not hired for an isolated, single job, but rather for an extended, undetermined amount of time.
Your loved one was paid via salary or hourly wage instead of job-by-job.

What Can You Do?
The first thing NOT to do is to ever, ever give up your right to sue by signing any sort of admission of your family member’s liability for the accident in exchange for a woefully inadequate settlement.

Next, you must act immediately to find a lawyer, or at least as soon as you can. It can be very difficult, and require a lot of proof, to protect the reputation of your deceased loved one.

Every minute you wait to hire an attorney is every minute that evidence disappears – witnesses’ memories become cloudy, and the physical characteristics of the accident scene itself begin to alter. The longer you wait to seek legal help, the more difficult time you’ll have unearthing the evidence that is crucial to prevailing in your case. A detailed investigation needs to immediately be launched. After all, the construction company, insurance provider, and defense lawyers will already be working for the other side. You need a tenacious and passionate attorney working on your side to match them stride for stride.

The wrongful death attorneys at our Law Office have helped the devastated families of construction fatality victims for two decades. We’ve won hundreds of wrongful death cases that resulted in millions of dollars in judgments for our clients. When hired, we will launch an immediate investigation into the circumstances surrounding your family member’s death and gather the evidence you will need to prove your case. We will not hesitate to pursue legal action against any liable third parties if necessary in order to ensure all of those responsible for the death of your loved one are held accountable. Our attorneys have either negotiated settlements with, or won lawsuits against, every major insurance company in the United States, so their high-powered operatives are well aware of our courtroom acumen. As a result, there are many times insurers will choose to make our clients a reasonable settlement offer rather than risk losing a much larger amount of money in a lawsuit. If they choose not to engage in negotiations, we’ll be well prepared to face them in court and make them regret that decision. If you have lost a family member due to a fatal construction accident, call our Law Office as soon as you can for a free and confidential consultation with an experienced wrongful death attorney and find out how we can help you get the justice and fair restitution your family deserves.

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Contact Our Tire Defect Attorney If You’ve Been Injured Due To a Tire Blowout

If you’ve been injured recently in a rollover accident because of a tire blowout, don’t anticipate the recovery compensation process for property damage and injuries suffered to be similar to seeking compensation for a typical car accident.

From a legal standpoint, there are several key differences between tire blowout accidents and other kinds of standard car wrecks. The only way to get the maximum compensation you deserve and to see all liable parties brought to justice is to contact a capable tire defect attorney you can trust.

Rollover accidents often lead to more serious damage to your vehicle and injuries to you and the passengers. Without the right legal representation, your insurance claim could very well be denied. If your case should go to court, there are slight differences in the way these cases are approached, which could confuse an inexperienced attorney and jeopardize your case’s chances for success.

How Are Rollover and Tire Defect Cases Different From Standard Auto Wreck Cases?
For one thing, the chances of multiple responsible or liable parties in a tire defect case are quite higher than a typical car accident. If a blowout causes a rollover, the manufacturer is likely to be held liable for the rollover. In addition, several other factors could have caused the tire to fail, including:

Improper installation and mounting of the tire.
Improper maintenance of the tire.
Whether or not the tire was intended for the vehicle it was installed on.
Besides the manufacturer, any party that was involved in the design, selection, installation, or maintenance of the faulty tire could bear partial liability, at least for the harm created by the blowout. Several other factors involving the manufacturer may have contributed to your accident, such as:

The design of the vehicle’s suspension regarding its resistance to rolling when both static and loaded.
The crash effectiveness of the vehicle related to the ability of its structure to withstand a rollover accident, and especially the firmness and compressive strength of pillars A, B, and C.
The presence and operating function of any additional safety equipment during a rollover.
Many other factors.

Selecting the Right Tire For a Vehicle Can be Crucial
You may be curious as to why choosing the right tire for your vehicle can be so important. It’s only a piece of rubber, you may be thinking. In reality, the modern tire is one of the most important and complex components on your car. Different layers of varied materials come together in the tire to allow for maximum heat treatment and friction resistance. The ability of the tire to function correctly often depends on a variety of chemical and molecular structures within the tire.

Four springs make up your vehicle’s suspension, and the tires are frequently called the fifth spring because they are very important for the absorption and release of energy throughout your car. Unlike the leaf or metal coil springs in the suspension, tires do not have a fixed spring rate. Basically, if the tire is in good condition and suited to your car, it acts as a good spring, allowing your vehicle to lean as you change lanes or turn, without the car turning over. However, if the tire is worn significantly or not suited for your car, then the tire becomes a poor spring, and the car may easily roll over when turning or even swerving quickly through traffic lanes.

As your car moves down the road, the vehicle’s weight pushes the tires downward into a flat spot that meets the roadway. This is called the contact patch. At the point where the tire stretches to meet the road at the contact patch, friction occurs, causing heat to be released into the tire. It’s similar to the phenomenon where a paperclip heats up as you bend it back and forth. With your tires, the rubber structure can become affected by the combination of heat generated on the contact patch, the heat created by compression of the air under load inside the tire, and the absorption of heat from the atmosphere.

Tires are actually the only parts on your car that make contact with the road. Taking into consideration all the ways heat builds up in and around the tire, and the small size of the contact patch (about the size of a shoe), manufacturers carry a tremendous responsibility for ensuring their tires perform as they are intended. If a manufacturer fails to supply the right tire for a particular vehicle, then rollover accidents are likely to happen.

Simply Deserving Compensation Is Not Enough
Just suffering an injury in a rollover accident isn’t an automatic guarantee you will be compensated for the harm done. You’ll need the help of a tire defect attorney to investigate your case, find the needed evidence, and support that critical evidence with expert testimony to secure your compensation.

Because there are so many potentially liable parties in your rollover accident, you will need an experienced tire defect lawyer that is familiar with investigating rollover wrecks to determine whose negligent behavior caused your wreck and then to hold them accountable with evidence. At our Law Office, we are aware of how quickly evidence begins to fade after an accident, so we conduct an extensive investigation immediately, sequester and examine all the vehicles involved, and focus specifically on the tires in rollover accidents. We evaluate forensic evidence from the scene, such as skid marks, and locate any witnesses or video evidence.

Yet merely having physical evidence is insufficient to win a case in court. You must also be able to convince a jury of the importance and validity of the evidence, and that often requires the testimonies of expert witnesses that interpret the wear and tear on the tires. At our Law Office, for the past twenty years, our tire defect attorneys have been handling rollover accident cases. We’ve developed consulting relationships with numerous experts who can influence the jury and sway them with facts to accept the evidence and conclusions presented to them.

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After a Rollover Accident, What Damages Can You Receive?

Although proving a rollover accident caused by a tire defect can be more complex than a standard auto accident, the types of personal injury and wrongful death damages an injured victim or their family can receive are similar to those for other types of accidents.

Injury Resolutions for Rollover Accidents
People injured in rollover accidents can seek compensation for the following:

Property damage
Pain and suffering
Past and future medical bills
Lost wages due to lost work while in recovery
Lost future earning capacity as a result of lifelong disabilities
Just like a wrongful death claim for medical malpractice or work-related accidents, families of those wrongfully killed in a rollover accident can seek compensation for both wrongful death damages and survival damages. The purpose of wrongful death damages is to compensate the loved ones for the losses they’ve personally suffered. These damages may be pursued by spouses, children, parents, and in some instances, siblings.

Wrongful death damages may include compensation for all of the following:

Any medical expenses paid by the deceased before they died
Funeral expenses
Loss of financial support supplied to the family by the victim
Mental and emotional trauma
Loss of the unique and irreplaceable familial love and consortium provided by the deceased.
Survival damages allow the closest living relative the opportunity to seek damages the deceased would have been able to pursue if they had survived the accident. This right passes down from the spouse to the children to parents and finally to siblings. It may include compensation for:

Property damage
Medical bills
Lost wages during the time the victim would have missed worked during the recovery process
Lost long-term earning potential because of possible disabilities
Pain and suffering experienced by the victim during the accident
Emotional and mental trauma the victim would have suffered during rehabilitation

The Tire Defect Attorneys at our Law Office Can Help
For an injured victim or the family of someone wrongfully killed in a rollover accident, there are various factors that complicate the process of securing the compensation deserved. Individuals without legal experience and attorneys with little experience have little chance of successfully wading through these highly technical cases. To ensure the best chances of recovery in a rollover case, you need a competent tire defect attorney who has a successful track record and who is familiar with all the complexities involved in these cases.

At our Law Offices, our tire defect attorneys have two decades of experience assisting victims of rollover accidents and their grieving family members secure the compensation they deserve for the injury done to them. If you’ve been injured, or a loved one killed in a rollover accident or any other type of tire defect accident, we can help. Call today for a free consultation with one of our tire defect attorneys. We’ll gladly answer any pressing questions you may have and help you start on the road to recovery.

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Our Auto Accident Lawyers Discuss Personal Injury Protection (PIP) Insurance After a Texas Car Accident

Texas car accidents occur every day and people injured in auto accidents often have several questions about how to file their insurance claims. No matter whether a demand letter is sent to your insurer or a lawsuit filed, anyone injured in any type of car wreck should file a claim under their Personal Injury Protection insurance, known commonly as PIP insurance.

Texas PIP insurance is a mandatory offering as part of regular auto insurance, but consumers can decline this coverage in writing with their car insurance company. Yet in Texas, many people hold misconceptions about PIP insurance.

The Truth about PIP Insurance in Texas
PIP insurance is no-fault insurance coverage. This means it does not matter who or what caused a car accident – just that there are injuries following the car wreck itself. Because of this form of insurance in no-fault, insurance companies cannot raise rates, premiums, or deductibles based on past or present PIP insurance claims.

PIP insurance covers you, the driver, and any other occupants in the vehicle. Additionally, if you were hit by a car while riding a bicycle or if you were hit by a car while walking across the street, your PIP insurance will cover any property damage or bodily injury you sustain as a result of the car accident, regardless of whether you were at fault for the accident.

PIP insurance reimburses you up to whatever your car insurance policy’s maximum PIP coverage amount is for any property damage, bodily injury, and 80% of your lost income as a result of the car wreck. In Texas, car insurance companies must offer you PIP insurance coverage of at least $2,500, but this amount can be higher at your request at the time the insurance policy is written.

PIP insurance claims do not affect any other insurance claims. Regardless of whether you have filed or will file additional insurance claims against your car insurance policy or another driver’s car insurance policy, you may still receive all compensation from your PIP insurance. Likewise, regardless of whether you file a personal injury lawsuit against another driver and the other driver’s insurance company, a PIP claim will never affect past, present, or future personal injury lawsuit nor a past, present, or future health insurance claim.

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

There’s a Catch
Insurance companies like to deny PIP claims made by their own insured and they often will do so based on odd technicalities. The best way to ensure that you receive the PIP benefits that you deserve is to have your attorney file the PIP claim for you, using the proper procedures, along with any personal injury claims that are filed against the defendant.

Our Law Office strongly recommends filing claims with PIP insurance immediately following any Texas car accident, regardless of reason or fault for the wreck. However, because PIP insurance maximums are often less than $5,000, this insurance coverage may not be enough to cover all medical expenses or property damage sustained during the accident. Contact us to speak with an experienced auto accident attorney about your personal situation following a car wreck. Call us for your complimentary consultation today.

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If Your Child has Been Hurt in a Car Accident, Don’t Delay, Call our Law Office Today

You probably have seen the car crash dummy videos. You know, the ones that simulate how a real person is likely to be thrown around the inside of a vehicle during a car crash. The replicated car wrecks are created for automakers and consumers to get the real scoop on how well their vehicles might react if it is involved in a real accident.

It helps potential car owners to evaluate how well a car’s safety features will respond to possibly save their lives. And it helps automakers know where they can improve their products and increase their sales compared to the competition. Depending on the speed of the vehicles on impact, those crash dummies are exposed to a lot of potential physical injury. And those are big dummies! What about the little children? Because children have less body mass they are more likely to sustain serious injuries if they are involved in a car accident. If you are the parent or guardian of an injured child in a car accident, it’s up to you to seek justice and compensation for that child. Call the personal injury attorneys at our Law Office today to discuss your child’s injuries.

Regardless of who is to blame for an injured child in a car accident, the use of child safety seats and other approved restraints provide greater protection in a crash than safety belts alone. According to The National Highway Traffic Safety Administration (NHTSA), child restraints decreased fatal injuries of infants younger than a year old by 58-71 percent and for toddlers, it decreased injuries by 54-59 percent compared to those who are not restrained. That means more than three hundred (300) children younger than 5-years-old were saved from sure death because they were restrained when the car they were riding in was involved in a collision.

The American Academy of Pediatrics (AAP) revised its suggestions about the safest way to transport children in passenger vehicles. Anyone who has a child riding in their vehicle should adhere to the following instructions:

Phase 1 – Infants from birth to thirty-five (35) pounds should be placed in a safety seat that is rear-facing and properly attached to the car’s back seat.
Phase 2 – After a child outgrows their rear-facing safety seat, which usually is when the child turns 3, the child can be placed in a safety seat that is forward-facing, but still in the back seat, until the child weighs no more than eighty (80) pounds and/or is at least 4-years-old. Remember to NEVER turn a child forward-facing before 12 months old AND 20-22 pounds.
Phase 3 – After age 4 and at least forty (40) pounds, children are allowed to ride in a booster seat with the car’s lap and shoulder belt used to secure them. Once the child is tall enough for the safety belt to secure them properly, usually when the child is 4’9″ tall, the booster seat no longer is needed.
Phase 4 – Once a child outgrows the booster seat, usually when he or she reaches 4’9″ and around 100 pounds, the adult safety belt should fit them properly. The lap belt fits low over the hips and at the top of the thighs. The shoulder belt fits across the center of the chest.
If you are unsure how to properly attach the child seat to the car’s seat, your local fire department personnel should be able to assist you with it. Or if you are leaving the hospital with an infant, medical professionals will instruct you on the proper use before you leave with your new family member.

The above regulations are national requirements. Additionally, in the state of Texas, a child who is less than 4’9″ tall is required to ride in a booster seat until he or she reaches 8 years old. And while the vehicle is in motion, anybody who is less than 17 years old is required to have their seatbelts buckled. If a law enforcement officer observes children riding unrestrained, the driver will be ticketed.

These national laws were implemented to save the lives of our youngest and most vulnerable citizens. Anyone who has children riding in their vehicles is required to have an age-appropriate safety seat in use. The use of safety seats has drastically cut back the number of injuries and deaths. More than 250,000 children suffered from injuries sustained in car accidents in one year alone. And approximately 2,000 of those children perished from their injuries. Don’t let your child become a statistic. Use proper age-appropriate restrains. If your restraints don’t prevent your child from being injured, or despite using proper restraints another driver is to blame for an injured child in a car accident, you have a parental obligation to seek justice for your child.

The state of Texas also leads the nation in the number of children – thirteen – who have died due to hyperthermia. Hyperthermia is another name for heat exposure or heat exhaustion. These littlest victims died when a caregiver, parent, or guardian forgot about them and left them strapped in their car seats for an extended amount of time in the hot Texas heat. The average outside temperature between June and September in Texas is 90 degrees. And that’s in the shade. Imagine how hot it can get inside an enclosed vehicle for thirty (30) minutes – let alone an hour – on a normal sunny day in Texas. If your child was injured or has died because of someone else’s negligence, you should seek the advice of an experienced personal injury attorney like the ones at our Law Office.

In the state Texas, there is a twenty-four (24) month statute of limitations that must be adhered to in order to file a personal injury claim if you were injured in an accident. When a child is the victim harmed, the statute of limitations ends two years after that child’s 18th birthday. It gives the underage child enough time to act on his or her own behalf just in case the parents or guardian did not fight for the child’s rights in a court of law at the time that the car wreck occurred.

Do not make the mistake of thinking that our Law Office is suggesting that it’s okay to procrastinate when it comes to filing a case against the person responsible for an injured child in car accident personal injury claim. In fact the sooner the claim is filed the better off your opportunities are of proving that your minor child has been injured in a car accident due to someone else’s negligence.

What is in the Child’s Best Interest?
Even though parents should know what’s best for their child(ren), if the parents are not attorneys, they probably do not know the best way to bring a guilty person to justice who is to blame for a child’s injuries or death in a car accident. That’s why parents of the minor should hire an experienced attorney who can present the best case now while all the evidence is still available.

In addition, the court could appoint a third party representative for the child, called an ad litem or child advocate. An advocate or ad litem is a neutral party who has no biological or personal connection to the parents or guardian of the injured child or the person responsible for the child’s injuries. The goal of the ad litem/advocate is to make sure the child’s interests are represented.

Calculation of Damages for a Child’s Injuries in a Car Wreck
The first thing you should do is to seek medical care for your child after an accident. If the crash is severe enough that an ambulance is called to the scene, it is in the best interest of your child to go to a hospital for a full medical diagnostic. Depending on the age of the child during the accident, any damage might cause the child’s physical development to be stunted or altered. Some injuries are not visible to the naked eye, but only in x-rays or through the examination by a medical professional. So even if your child is old enough to express his or her pain, don’t take their word for it. Allow them to get a full examination. It will be a part of your evidence should you decide to file a lawsuit against the person responsible for your injured child’s car accident. If money is a problem and your family is unsure how any medical bills will be paid, attorney might be able to help your child get the medical care he or she needs free of charge until after your injured child’s car accident claim is settled. Call our Law Office today to discuss your child’s injuries.

In addition to medical expenses, the negligent person or persons most likely will be required to pay general damages and special damages. The amount of damages will depend on the minor child’s age at the time of the accident. These cases often require certain legal presentations to win compensation from the driver who is at fault. The guilty person could be ordered to pay general damages and special damages.

General damages include pay off for physical pain and suffering and disfigurement if applicable. But if the child was permanently disabled in the car accident, the general monetary damage awarded could be higher than those for an adult. That’s because a child who is disabled will not be able to take care of themselves. So their financial support will depend on family members or they will become dependant on government assistance. As a disabled person he or she will need expensive medical care.

Special damages are the accumulation of the monetary damages suffered by the child. The amount could include medical bills, property damage expenses such as the vehicle the child was riding in or driving, any legal fees, and lost wages if the child was employed was working during the time of the car accident.

Our attorneys who represent children hurt in traffic accidents have more than twenty years of experience. Call our Law Office today to discuss your child’s injuries.

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Birth Injury Lawsuit Lawyer Discusses Brachial Plexus, Shoulder Dystocia, and Erb’s Palsy

Birth injuries can happen to anyone and can result in very serious medical conditions. Numerous factors, even seemingly unrelated ones like a rushed or tired physician, can result in life-threatening or long-term disabling injuries to both mother and child and can occur during pregnancy or childbirth.

While some birth injuries happen merely because of the statistical inevitability of nature, many other birth injuries occur because of the negligent actions of doctors, nurses, obstetricians, and other medical personnel, who have been given the incredible responsibility of safely delivering babies. Sadly, just a minor error by a physician can result in a lifetime of medical treatment, care, and special accommodations for a child who has suffered an injury.

Erb’s Palsy is one of the most serious medical conditions that can arise from a birth injury and is characterized by a significant decline of strength and range of movement in the child’s arm and shoulder. This injury can translate into mounting medical and treatment bills that can quickly overwhelm a parent or guardian. If you find yourself in this situation and struggling with these issues, and are suspicious that medical malpractice may have occurred in the injury to your child, you may potentially qualify for compensation for your financial losses and medical expenses, ranging from past bills to future or impending costs for medical care. Our Erb’s palsy medical malpractice attorneys have compiled this brief article to highlight specific kinds of birth injuries that can lead to life-long health issues for a child.

For the past twenty years, the birth-injury attorneys of our Law Office have learned the legal complexities of birth injury lawsuits. We can help you understand the intricate issues involving birth injuries and the litigation needed to solve them. Often in trying to decipher if the birth injury was a tragic natural occurrence or caused by someone’s negligence, parents have no medical-legal experience to turn to when an injury occurs. We can help make that determination and then work diligently to make sure your case is resolved to your satisfaction and that you receive the compensation you deserve.

Brachial Plexus Injuries
The brachial plexus is the bundle of nerves that connects the spine to the upper extremities, such as the shoulders, arms, and hands. Any excessive physical exertion or unusually difficult labor and delivery can injure both mother and child in different ways. Brachial plexus injuries can happen in exceptionally large babies, unusually small birth canals, awkward positioning of the baby in the womb, or abnormal activity in the uterus or womb. It is a fairly normal occurrence, afflicting nearly 20 percent of all childbirths. Dystocia is any excessive physical exertion or unusually difficult labor and delivery. It can injure both mother and child in different ways. Attending obstetricians and their medical staff have been trained to take reasonable care in delivering the baby without causing injury or harm because brachial plexus injuries frequently take place during childbirth.

In most cases, the medical staff bypasses vaginal delivery and performs an emergency caesarian section (c-section) or a high-forceps procedure. This can result in serious birth injuries to the brachial plexus nerve cluster that joins the hand, arm, and shoulder to the spine. In newborn babies, these nerves are clustered together in the shoulder before completely spreading throughout the entire arm in the adult arm and shoulder. The damage to these nerves can be significant, even to the point where the nerves become severed and lead to life-long debilities because of the way they’re bunched together. Sometimes surgery can be done to correct the damaged nerves.

Many doctors try to avert liability by telling the families of babies who suffered birth injuries, the harm that took place was unpreventable or was simply normal, under the circumstances. Some birth injuries happen just because of the statistical inevitability of nature, but others occur because of the negligent care from physicians, nurses, and other medical professionals, who were given the incredible responsibility of delivering the baby safely. Many of these injuries are diagnosed incorrectly. Many times a doctor will recognize the obvious signs, yet simply hope the injury or symptoms will go away. In some cases, the nerve damage does go away.

Shoulder Dystocia
Erb’s palsy usually happens when the baby’s shoulder getting stuck in the birth canal, which is a condition known as shoulder dystocia. If a weary or inexperienced doctor pushes or pulls too forcefully in attempting to dislodge the baby, shoulder dystocia can cause the shoulder to dislocate, which damages the brachial plexus nerve cluster. If an infant’s shoulder becomes immovable, the delivery process becomes quite risky, because of the extreme pressure put on the baby’s head, neck, and umbilical cord. If action is not taken immediately to readjust the shoulder, the baby could suffer severe brain injury because of the lack of oxygen to the brain. This lack of oxygen is called hypoxia. If too great a pressure is applied, the brachial plexus nerves can become stretched, bruised torn, or even severed. On many occasions, in these severe situations, medical malpractice occurs because of the aggressive or negligent behavior of health care professionals.

Erb’s Palsy
Erb’s Palsy most often arises from the condition of shoulder dystocia as mentioned above. Erb’s Palsy causes the muscles in the arm to lack adequate stimulation by the brain, which leaves the arm immobile or very weak, depending on the severity of the brachial plexus nerve injury.

Erb’s Palsy should be detected soon after birth by the attending physician and staff because the symptoms are immediately obvious. Babies can’t grip with the affected hand, lack voluntary movement in the affected arm, and hold their arm tightly pinned against their body, cocked at a 90-degree angle. Occasionally, less severe brachial plexus nerve injuries can be treated and corrected with proper treatment or specialized surgery by the attending physician. Erb’s Palsy, however, creates lifelong disabilities that require extensive treatment and therapy, including specialized adaptive technologies and accommodations. However, proper delivery techniques can prevent injuries to the brachial plexus nerves.

Call Our Erb’s Palsy Lawyer
The attorneys at our Law Office have been helping families recover from birthing process injuries for over twenty years. We understand how to navigate the rough waters of medical malpractice law, unlike many attorneys who simply avoid these type cases because they are too complicated and challenging to win. We will devote the time required to build a solid case to make sure those responsible for your baby’s shoulder dystocia, brachial nerve trauma, or Erb’s Palsy are made accountable. We’ve won millions of dollars in settlements from every major insurance carrier in the U.S. The insurance company adjusters and defense lawyers are familiar with our successful track record. As a result, our clients frequently receive fair settlement offers without having to go to trial. Our attorneys can ensure you get the best results possible so that your child receives the best treatment possible and compensation for the mental and physical trauma they have suffered in this ordeal. If your child has been injured in childbirth because of a medical professional’s negligence, call the birthing injury attorneys at our Law Office for a free consultation. We can answer your specific questions and help you make an informed decision.

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legal 8/31/2020 new – Personal Injury, Pharma Wrongful Death, Nursing Home Abuse, Birth Injury, Drunk Driving, Defective Products, Crane & Construction Injury – gtg

Our Texas Lawyers Discuss Mediation & Arbitration in a Texas Personal Injury Case

Alternative dispute resolutions are methods used by lawyers to attempt resolution of a case before it goes to a trial hearing. Many personal injury cases in Texas seldom go to court.

Attorneys choose mediation or arbitration, two forms of alternative dispute resolution, to achieve favorable results for their clients without the need for the time-consuming and oftentimes costlier prospect of a full trial. The Texas Alternative Dispute Resolution Procedures Act governs the methods used in alternative dispute resolution cases. While there are different methods to achieve resolution, in all cases both sides meet with a non-biased third party who works to bring both sides to a mutually beneficial agreement in order to prevent a case brought to trial. Our Texas personal injury law firm explains why alternative dispute resolution might be beneficial in your personal injury case.

Should I Choose Alternative Dispute Resolution?
The short answer is “maybe.” Depending on the nuances of your personal injury case, alternative dispute resolution might be beneficial for you. Our experienced attorneys can help you ascertain whether that might be the case for your case. Alternative dispute resolution is typically less stressful, less time-consuming, and carries fewer legal fees than taking a case to trial. Additionally, trial cases always possess a certain degree of the unknown due to the fact that an impartial jury is deciding your fate. When an experienced lawyer takes a personal injury case, they will typically begin building a lawsuit immediately, even if their client isn’t intending to file a lawsuit. However, this information can be put to good use when negotiating via alternative dispute resolution.

The Experienced Personal Injury Attorneys at our Law Office Can Help You Decide What’s Best
Alternative dispute resolutions can be beneficial to your case, but that might not be your best option. For instance, it’s possible that your best interests might better be served by a trial case. In other instances, alternative dispute resolutions might result in a deadlock, where neither party can agree to a mutually beneficial outcome, thus resulting in a trial case. Whatever the case may be, with twenty years of experience in personal injury law, the lawyers at our Law Office can help you understand your options and how choosing the correct route might help you receive just compensation in your personal injury case. Contact us for more information on whether or not alternative dispute resolution is right for your case.

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Legal Remedies For Injury or Wrongful Death From Pharmaceutical Error

All of us would like to think we can trust our bespectacled, smiling neighborhood pharmacist, but the raw reality is, nearly one in twenty prescriptions in the U.S. are filled in error and 100,000 people prematurely expire annually because of pharmaceutical mistakes or pharmacy misjudgment.

Although not every improperly filled prescription leads to injury or death, every time an error does occur, the needed medication is not given to the patient who is often in dire need of the proper medication for their condition.

If you have suffered an injury because of an incorrectly filled drug prescription or pharmaceutical error at your pharmacy, the medical malpractice specialists at our Law Office want you to understand the inherent complexities of these cases, so that you can make an educated decision about what legal options you should take.

How Do Pharmacy Mistakes Occur?
Most of the time, pharmaceutical mistakes occur because of the following:

The doctor incorrectly, or just not quite legible enough, writes a prescription that is difficult to read and results in a patient being given the wrong dose or wrong medication altogether.
A pharmacist makes an error in filling the prescription.
Often, the prescription drug itself can pose a danger. In that case, the drug pharmacy isn’t responsible if the correct medication was prescribed, the prescription was filled as instructed, and the drug was taken as advised. In these circumstances, the damages were caused by the drug itself, and the pharmaceutical drug company should be held liable or responsible for the injury.

Which Type of Lawsuit Should I File?
The type of lawsuit you file is dependent upon the type of pharmacy error committed. You will be filing a medical malpractice lawsuit, regardless of whether it was your doctor or your pharmacist that was responsible for you receiving the incorrect medication. Yet, the strategy involved in building an effective case is different, depending on if the liability arose from the doctor or the pharmacist.

Do I Need A Lawyer?
The medical and health care industry has been protected, in many cases, from illegitimate or frivolous lawsuits by recent tort reforms. Concurrently, those reforms have also resulted in legitimately injured individuals now finding it more difficult to get the compensation they deserve. It is very common nowadays, for cases without the proper documentation to be dismissed. Only an experienced, competent medical malpractice legal specialist in this field will understand how to locate expert medical testimony and the procedures for issuing subpoenas for the appropriate records.

We’ve won hundreds of cases against all the major insurance companies in the U.S. These firms are familiar with our success and reputation and in many instances will fully cooperate with our attorneys so they will not have to confront us later in court. We have a successful track record to stand up to your opposition and help you receive the justice and equitable compensation you deserve for your injury or loved one’s death.

Our Law Office attorneys are dedicated to providing you with the help you need to recover from your injuries incurred by the wrong prescription drugs. We have been litigating medical malpractice claims for two decades and have seen millions of dollars awarded to hundreds of injured clients. Call us today for a free consultation if you’ve suffered a prescription drug injury. We can discuss your legal options and the steps needed for you to recover physically and financially, so you can get back on your feet and move confidently into the future.

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Need An Attorney Experienced in Nursing Home Abuse?

As Americans start to age, some of them have health issues that keep them from being able to care for themselves or do the normal activities of an independent adult. These real-life issues, coupled with the fact that more American citizens are joining the ranks of senior citizens are the reason that the population of nursing home residents has exploded.

These days, moms and dads both must work outside of the home to make ends meet. So there is nobody available to stay home and take care of aging or ailing family members. Nearly everyone has a family member who has lived in a nursing home or is a resident of a nursing home right now. As much as we would like to think that the nursing home staff members treat our loved ones with kindness and patience, the reality is that nursing home abuse is a major problem in America so much so that there have been congressional hearings on the subject.

If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact our nursing home abuse attorneys. Call us for a free consultation. Traditionally elderly family members received care from their adult children and other members of the family. As married couples spent more time away from home working, nursing homes and daycare centers for adults and children who were unable to stay alone became a necessary part of society. As the cost of living goes up, some senior Americans don’t have enough money to cover their cost of living expenses plus their cost of the medicine that so many of them in this age range must take. So many senior citizens have had to give up their large homes and independent living to move into nursing care centers where they can receive medical care and the personal attention they deserve.

Advancements in medicine and in the healthcare industry have made it so that senior citizens are living longer and that’s why owning nursing home centers has become one of the most lucrative residential properties in the real estate business today. As profitable as this kind of business can be, some people only view the residents as dollar signs and potential paychecks rather than human beings who need extra care and patience.

For the elderly people who find themselves added to these numbers annually as they become nursing home residents, it doesn’t take them long before they realize their new environment is not as they envisioned. ‘Home’ should be a nurturing and peaceful environment. Statistics show that some nursing home residents endure mental or physical abuse because they are at the mercy of cruel healthcare workers. If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact our nursing home abuse attorney. Call us for a free consultation.

When nursing homes became popular some forty years ago they were not state-regulated and prospective employees were not screened. But as more senior Americans started to move into the nursing homes and abuse became a problem, more guidelines were put in place to address the issue. When applying for employment at nursing homes prospective employees were not required to have any formal training. Now, some forty years later prospective employees must go through a broad criminal and employment background check before they are allowed to start working. In the beginning, a drug test was just a visual inspection of how a person looked. Now drug tests are completed by medical personnel and the list of drugs tested for is extensive. Nursing home employers now put so much emphasis on drug tests because some believe that employees misbehave or mistreat their clientele because the employees are using drugs that alter their judgment. Also resumes help hiring managers to make better decisions on who will be a part of their staff so their elderly residents are more likely to receive adequate care.

As senior citizens continue to age they become less independent, more vulnerable, and less confident in their decision making. Their diminished capacity coupled with the overbearing behavior of the staff has subjected them to the demoralizing actions of nursing home workers on a regular basis. Some of the mistreatment includes slapping, pinching, being heavy-handed while grooming the patient’s hair, taking pictures of the patients in compromising positions and ignoring patients’ requests for help using the bathroom. Some residents have even reported that they were raped by nursing home caregivers.

The fact that elderly family members must live away from the family is the source of contention for many, especially since nobody can be sure how their loved one is being treated when they are not present. But here are some suggestions that will decrease the chance that your elderly family members will be victimized:

Relatives should make unannounced daily and weekly visits at various times.
If you can not make personal visits, be sure to make impromptu telephone calls.
Reassure the senior family member of your whereabouts and contact information in case they need help in an emergency.
Introduce yourself to nursing home staffers so they know you and other family members are concerned about the safety and happiness of your loved one.
If staff members know you and other family members are monitoring what happens to your loved one, they are more likely to treat that person with care and respect and less likely to act negligent or abusive. The nursing care industry also has worked to teach healthcare staffers proper techniques and more appropriate ways to care for infirmed senior citizens. That has added to the growing number of reliable nursing home employees working in the United States who are great at performing their jobs. Some of them even have earned degrees as Certified Nursing Assistants. Sadly though, some staffers have a history of domestic violence, drug addiction and some are unregistered pedophiles. It is clear that these questionable staffers who have managed to remain employed in this industry and have gone from job to job have preyed on the elderly for way too long. Senior Americans are in need of the same care that goes into protecting a child who is cannot defend him or herself.

If you have a loved one that is being abused or whom you suspect is being abused and who lives in a long-term nursing facility, call our Law Office as soon as possible. The longer you wait the more pain and suffering your loved one could be going through. Our attorneys along with our team of experienced investigators will do what it takes to uncover the suspected abuse. With more than twenty (20) years of courtroom success, our Law Office will help you protect your loved one against the ever-growing epidemic of nursing home abuse. The telephone call is free and the initial legal consultation is priceless.

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Nursing Home Abuse at Its Worse

The same as a child might not alert parents if she or he is being abused, some nursing home residents sometimes are too frightened to tell other staff members or family members for fear that the abuse will become more severe. That’s why nursing home management should do it’s part of let residents know that they are there to protect the rights of the residents and that any suspected abuse should be reported to them immediately without fear of retaliation. If a nursing home staffer is found to be negligent or abusive, the offending nursing home employee or employees could face criminal and civil charges.

The Legal Complexity Involved in Nursing Home Abuse Cases
Even if your loved one has told you that she or he is being abused by a staff member, most cases come down to what can be proven in a court of law. Pictures of physical wounds and other evidence is a good thing, but if the alleged victim is unable to testify to their experience or can not answer questions posed to them about the abuse, there is a slim chance that a personal injury lawsuit or even criminal charges will be filed.

Nursing home abuse personal injury charges are categorized as medical malpractice cases. In Texas, medical malpractice lawsuits payouts have been capped by Tort Reform laws. Tort reform was created to decrease the number of undeserving lawsuits that were clogging up the Texas court system. As a result of Tort Reform, it now takes an experienced and successful courtroom litigant who knows the ins and outs of proving personal injury in medical malpractice lawsuits. Our attorneys are such litigants. We are good at what we do best which is to use the law and our investigative skills to uncover the truth.

Some lawyers prefer not to litigate nursing home abuse cases because of Texas Tort Reform and because of the challenges involving these kinds of cases. The nursing home abuse attorneys at our Law Office know what to expect and will go to work for you. Contact us if you have a loved one that has been abused. The call is free as is the initial legal consultation.

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Giving birth is a significant time in the life of a parent. Sometimes, however, the joy of bringing a little one into the world is marred by birth injuries suffered while delivering the baby. Not only do you have to deal with the birth injuries, you probably have some serious questions, as well.

Who or what caused the injury to occur? What long-term effects will the birth injuries have on the child’s future development? What can I do legally? Is a medical malpractice lawsuit in the best interest of myself and my child?

Lawsuits pursued due to birth injuries are one of many types of medical malpractice lawsuits. These cases can be very complicated and are usually beyond the abilities of inexperienced attorneys or the average person. Our Law Office has 20 years of experience, during which we have helped many people with cases of birth injuries. We want to help you receive financial reimbursement for the pain and trauma that you have experienced.

Types of Birth Injuries and What Causes Them

The following is a list of a few of the types of birth injuries caused by negligence and medical malpractice:

Klumpke’s Palsy – paralysis of the child’s hands and forearms
Broken bones
Cerebral Palsy – injury of the brain often causes this motor condition, leading to the impairment of movement
Erb’s Palsy – this occurs when the shoulders and upper arms of the child are paralyzed. It is a type of Brachioplexus Palsy and can be caused by pulling excessively on the shoulders during delivery.
Brachioplexus Palsy – this can lead to paralysis of the child’s whole arm due to spinal nerve injury. It occasionally results from a forceps delivery.
Shoulder Dystocia – this happens when the head is delivered a long amount of time before the shoulders. This condition can then lead to Erb’s Palsy or Brachioplexus Palsy.
What Makes Birth Injury Lawsuits so Difficult to Pursue?

Tort reform has rendered medical malpractice lawsuits ever more difficult to pursue. The original purpose of this tort reform was to shield doctors from inconsequential charges against them. Thus, the standard of proof necessary to make a case for medical malpractice has been increased. This can present difficulties for those who have suffered birth injuries due to medical malpractice to receive appropriate compensation for their suffering. One result of this has been that many personal injury attorneys will no longer consider taking these cases, as they are so difficult to win.

Our Law Office has 20 years of experience fighting for families. We have experience dealing with these cases before and after the change in the laws. We have the knowledge necessary to build a rock-solid case against negligent medical professionals that result in birth injuries.

The process of giving birth can be incredibly complex. The tiniest blunder can lead to devastating birth injuries. Due to these factors, proving that negligence resulted in birth injuries requires an experienced attorney. Some of the key components of a successful birth injury lawsuit are the testimony of expert witnesses, assessment of the birth injuries sustained by the child, and inquiring into the circumstances of the delivery by asking the medical staff questions. Our Law Office has the expert witnesses you need to make sure your case is strongly constructed.

If You or Your Child Have Suffered from Birth Injuries Due to Medical Negligence, Our Law Office Wants to Help You

Our Law Office has the benefit inherent in twenty years of experience necessary to help you if you have suffered from birth injuries. We are familiar with the necessary components of a successful medical malpractice lawsuit. We know how complicated such cases can be, and we are committed to taking the time and making the effort needed to win them. We want to make sure that those medical practitioners whose negligent behavior resulted in your child’s birth injuries are held liable for the suffering they have inflicted. Our proven track record of winning settlements of millions of dollars for our clients is known to the insurance companies, adjusters, and their lawyers since we have faced every major insurance company in the country. We are often able to negotiate fair settlements for our clients without even having to bring the case to court since the insurance companies frequently wish to avoid the hassle of a court case. In the event that a settlement agreement is not reached, we are willing and able to take the case to court to resolve the dispute. If you are dealing with the after-effects of birth injuries caused by medical malpractice or negligence, give us a call for your free consultation. We can provide answers to your legal questions and inform you of the steps we can take to help you.

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Drunk Driving Accidents in Texas

If you or a loved one has suffered moderate, severe, or even fatal injuries due to an intoxicated or impaired driver, our experienced drunk driving accident attorneys may be able to help you recover the compensation you deserve. In this article, we’ll introduce the following topics:

Origins and purposes of Texas’ dram shop laws
Necessary proof in dram shop lawsuits
First-party vs. third-party dram shop claims
How our experienced DWI accident attorneys at our Law Office can help you recover compensation.

Origins of Texas’ Dram Shop Laws
The State of Texas has long been among the leaders in the nation in accidents caused by drunk drivers. Unfortunately, a large number of these accidents, and thus the catastrophic injuries that often accompany them, could have been prevented by a bar or restaurant refusing to over-serve intoxicated patrons. With that in mind, the Texas Legislature adopted the Texas Dram Shop Act, found in the Texas Alcoholic Beverage Code, in 1987 for the following purposes:

Allow injury victims and their families the opportunity to hold bars and restaurants responsible for their wrongful actions
To give injured victims another method of recovery besides the drunk driver themselves
To reduce the number of drunk drivers on the road by putting other alcohol providers on notice of the potential consequences of over-serving an intoxicated patron.

Necessary Proof in a Dram Shop Lawsuit
However, not every person hit by a drunk driver is automatically allowed to hold a bar, restaurant, or another alcohol provider responsible for their injuries. In fact, Texas’ liquor liability laws require injury victims alleging a dram shop cause of action to prove the following criteria before they can force a provider to provide monetary compensation for their injuries:

The alcohol provider served or sold alcoholic beverages to a patron, guest, or customer who was obviously intoxicated
As a result of over-service, the intoxicated patron was a clear danger to themselves, other patrons, and/or other drivers on the road
The individual’s over-service while intoxicated was the cause of the accident in which the victim was injured

First-Party vs. Third-Party Dram Shop Claims
Importantly, Texas law divides dram shop claims into two categories: first and third party claims. As its name suggests, 1st-party claims are those brought against an alcoholic beverage provider by the party who was over-served, or by their eligible family members in a wrongful death case.

Conversely, 3rd-party claims are those that are brought against a provider by a DWI accident victim or eligible family members for injuries suffered as a result of another party who was over-served.

Our Attorneys Have the Skill & Experience Necessary to Help you Recover the Compensation you Deserve
For more information regarding Texas’ dram shop laws and for a free and confidential consultation based on the facts and circumstances of your economic, emotional, and/or physical injuries, give our drunk driving accident lawyers a call today.

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Texas attorney Explains Drunk Driving Accidents & Texas Dram Shop Law

If you are not an attorney, liquor liability laws can be complex terrain to navigate. The validity of these cases is often criticized and misunderstood. However, legal statutes and case law support the fact that these laws stem from common sense ideas that we can explain here.

If you or a loved one has been injured, or someone close to you has been killed in a drunken-driving accident in Texas, call the drunk driver accident attorneys of our Law Office.

With more than twenty years of experience successfully litigating cases predicated upon a Texas Dram Shop Cause of Action, the attorneys at our Law Office are well-credentialed and can readily assist you in getting the justice you deserve.

This article, while here to inform you of your rights and responsibilities, is no substitute for the assistance one of our attorneys can provide. Below you will find useful information to help you understand Texas Dram Shop Laws that assign liability to parties that may be legally, entirely or in part, responsible for the death or injury of your loved one, what the challenges are in pursuing this kind of civil case, and some of the types of cases and claims we can initiate to afford you some relief for your anguish, pain, suffering, and related expenses.

The Basics
The legal implications and damages involved in a drunk driving accident are far more severe and intricate than the typical auto collision. The most noteworthy distinctions are:

Injuries sustained in accidents involving a drunk driver are typically more severe and have a higher fatality rate, which typically means there are more financial damages and, therefore, the legal battles become decidedly more aggressive, making having a competent legal representation of the utmost importance.
Often there are multiple parties who have violated laws that are in place to protect victims of this type of collision, which means you are best served by a multi-faceted strategy that assesses the value that can be recovered or gained by holding each party responsible.

Defendants in Intoxicated Accident Cases
Most people think that the most obvious person to pursue legal remedy from in an alcohol-related collision case is the driver, but often, individual drunk drivers who may bear the bulk of the responsibility for the incident are often not the most viable candidates if your immediate need is financial relief for medical or funeral related costs.

Under the Texas Civil Practices and Remedies Code, statutes state that in addition to suing the drunk driver for his or her negligence, victims also have the right, under what is referred to as “Dram Shop Law,” to pursue damages for the negligence of bars, restaurants or other persons or business entities that enabled the drunk driver to become intoxicated enough to cause the accident.

This liability was established under the theory that car accidents are not merely caused by the immediate action or reflex in the moment of the accident, but can be caused by a chain of events that led up to the accident. Under this logic, any entity that contributed to the chain of events that caused the accident can be held vicariously liable.

Why the Bar?
While most of us probably consider the personal responsibility of the driver to be most important on an emotional level, it is important from an ethical perspective, to ensure that bars and restaurants are not knowingly serving alcohol to drivers who get involved in these collisions when it is clear that someone who is leaving their establishment and may be operating a vehicle when their behavior or reflexes appear to be erratic, or they have consumed an amount of alcohol that puts their blood-alcohol-content (BAC) well above the legal limit. If these establishments were diligent in ensuring their patrons did not become overly intoxicated, drunk driving accidents could much more easily be avoided.

In addition to having greater means to provide financial remedies than the individual driver, the public message should be sent that the establishments and their employees should not be endangering the public by setting potentially dangerous drunk drivers out on the street simply because the bartender wants to keep collecting the patron’s generous tips or the bar wants to make more money.

In a lawsuit in which the driver and the bar are co-defendants, the court will assign damages for each party’s negligence, and the financial remedy coming from each source will be proportional to the court’s assessment of each defendant’s percentage of liability. Thus, while you may get more financial remedy by filing a case against both the driver and the bar, it is important to realize that this does not necessarily mean that you will get more money by digging into the pockets of the business over the means of the individual driver. It simply allows distribution of the responsibility which means, ultimately, you have a greater chance of actually getting the financial recovery that goes beyond what the individual driver would be able to pay.

Specific Rights and Responsibilities
Under Texas law, it is not only illegal to be behind the wheel of a car with a BAC of more than .08, but it is also illegal to be out in public with this level of intoxication, and it is also illegal for bars or establishments that serve alcohol to serve individuals an amount of alcohol that put them over this limit.

Science has proven that the consumption of alcohol impairs reflexes, judgment, and inhibitions, and thus, while a sober person may know his or her limit, once he or she has had a few drinks, that person may no longer be able to make a sound judgment of when he or she is too drunk to drive, and thus the serving party bears the responsibility of safeguarding the public and taking the appropriate action to prevent this from happening.

Many establishments have implemented programs to reward patrons who have a designated driver or have made partnerships with taxi companies to ensure that their clientele is not driving under the influence. That being said, there is nothing more motivating to the establishments who have not implemented such safeguards, than the potential negative publicity and financial cost of a lawsuit. In most cases, these establishments will likely be willing to settle and award financial remedy for medical, auto, and funeral-related expenses caused by a drunk driving incident for which they bear a portion of the legal responsibility, and with hope, they will then be more diligent in helping prevent public intoxication and alcohol-related accidents.

Proximate Cause
Because bartenders are reasonably expected to know that it is illegal to over-serve their patrons, if they choose to disregard this responsibility, they become the proximate cause of related injuries.

Legal Expectations
Bars are required to have all of their servers licensed by the Texas Alcoholic Beverage Commission, which entails each server’s participation in training that requires learning and understanding their rules and responsibilities and the consequences associated with failing to follow them. A bartender cannot simply be unaware of how they should transact their business.
Bars are expected to have written policies and procedures for handling the distribution and tracking of alcohol served.
Bars are required to have written policies and procedures for how to deal with overly intoxicated patrons.
Servers are expected to be on the lookout for signs of intoxication.

The Safe Harbor Defense
Provided a bar or alcohol-serving establishment has met the legal obligations outlined above, they cannot legally be held responsible for any degree of negligence in a drunk driving accident. However, many establishments may try to employ this defense whether or not it truthfully applies.

The unfortunate reality in preparing a case against an establishment using the Safe Harbor Defense is that the burden is on the victim or plaintiff to establish proof that there was a blatant disregard for the above guidelines. Dram Shop cases are not subjective, and therefore they can only be won if they clearly deserve to be prosecuted.

Next Steps
Deciding to get involved in a lawsuit can be an emotional experience, and you may have concerns about the cost, the time constraints, and in some cases, the consideration of the relationship you have with the person who caused the accident.

However, it would be unwise to allow time to slip by without looking out for the remedies you are entitled to and lose the evidence and opportunity to protect your interests in the matter because if you wait too long, your options may run out and the related expenses you incur could get beyond your control.

If you or a loved one was involved, injured, or killed in a DUI accident, call our Law Office for a free consultation, and we can discuss your concerns and help you find the right course of action to get the justice you deserve.

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Fatal Drunk Driving Accident attorney Explains What You Should Know in the Event of the Death of a Loved One in a Fatal Drunk Driving Accident

A fatal drunk driving accident has the potential to leave a tremendous amount of distress in its wake, ranging from incredible emotional/mental trauma and stresses and damage to the family fabric to financial destitution.

Texas citizens affected by fatal drunk driving accidents may be eligible for compensation for their pain, suffering, and financial losses via a wrongful death, or drunk driving accident lawsuit. If you have lost a loved one in a fatal drunk driving accident, please contact the knowledgeable attorneys of our Law Office to determine your legal rights and begin your appropriate course of legal action. Our firm has specialized in Personal Injury and Wrongful Death Law practice for over two decades and developed a nationally-renowned reputation for positive results. We have won cases against every major insurance company in the nation and helped thousands of our clients obtain just and fair compensation for their losses.

Wrongful Death and Fatal Drunk Driving Accident lawsuits often prove to be extremely difficult processes for the inexperienced lawyer, or non-attorney to successfully navigate. A proper and thorough investigation of the details of the accident can be the difference between having a claim dismissed, and receiving a fair settlement, or verdict, which effectively resolves your claim. If you have lost a loved one due to the negligence of a drunk driver, you need capable and experienced legal counsel to represent your interests and ensure that insult is not added to injury. Contact the attorneys of our Law Offices, today, for a free consultation.

Texas Dram Shop Law and What It Means to Your Wrongful Death, or Fatal Drunk Driving Accident Lawsuit
By definition, a “Dram Shop”, when utilized in context signifies a place where alcohol can either be obtained or is provided. The term is taken from its traditional use “dram”—the unit of measure roughly equal to 1/8th of an ounce utilized to describe the small amount of alcohol traditionally sold by shops serving alcohol in the early to late 20th century, as well as an apothecary unit of measure. In 1987, the Texas State Legislature passed the Texas Dram Shop Law Act, which effectively opened those responsible for serving alcohol to individuals to the point of, or exceeding the point of intoxication, to liability for damages arising from any accidents caused by that intoxicated individual.

The prevalence of alcohol and fatal drunk driving accidents in the State of Texas required action to be taken to better protect citizens, and facilitate justice in the event of a drunk driving accident, whether fatal or not. Before the passing of the Texas Dram Shop Law, Texas families suffering from the loss of a loved one in a fatal drunk driving accident had little other recourse for obtaining fair and just compensation for the full amount of losses incurred, other than suing the drunk driver. It was often the case that this narrow restriction did not result in an outcome where bereaved families obtained the full compensation needed to resume their lives and properly grieve for their lost loved one.

The Dram Shop Law operates under the duty of care, which all entities and individuals agree to, when obtaining a liquor license in the state, or when serving alcohol. For example, a bar serving alcohol to an individual must have safety protocols in place that allow them to regulate the amount of alcohol consumed by a patron and must be responsible for the safety of that patron in the event that he or she becomes intoxicated more quickly than anticipated by the employees of the bar. In many cases, if a person leaves a bar, restaurant, or other such entity while obviously intoxicated, then the bar, restaurant, or other such alcohol serving entity may be held responsible for any damages—including injuries and even deaths—caused by that intoxicated person.

Utilization of the Texas Dram Shop Law in cases of wrongful death lawsuits resulting from drunk driving accidents present a number of obstacles which may further complicate the legal process of successfully resolving your wrongful death lawsuit. There are four frequent legal obstacles you are likely to encounter in your pursuit of compensation, for the wrongful death of your loved one.

Jury misconceptions
An experienced defense team
The “Third Party” defense
And wealthy ruthless insurance companies

Jury Misconceptions Regarding Dram Shop Law
More often than not, juries hearing cases of accidents caused by drunk drivers, where the drunk driver has served time in jail for the breaking of the law, determine that justice has been served and that there is no further need for punishment. They often do not understand the financial ramifications that the wrongful death of a loved one often brings, such as funeral expenses, the detrimental financial impacts of income lost, medical or hospital expenses incurred (should the victim have been hospitalized before their death), or other such losses. It is necessary to have the aid of a well-informed and experienced legal representative, who will properly present factual evidence in support of your claim for compensation from responsible third parties. A knowledgeable and skilled Wrongful Death or Fatal Drunk Driving Accident Attorney will also take the time and effort necessary to convince the members of the jury of the need for the additional compensation sought from responsible third parties. The Wrongful Death and Fatal Drunk Driving Accident Attorneys of our Law Office have helped hundreds of our bereaved clients obtain fair and just compensation by successfully holding third parties responsible for their involvement in drunk driving accidents resulting in wrongful deaths.

Experienced Legal Defense Lawyers
In the passage of the Dram Shop Law, the Texas Legislature unwittingly created a culture of opposition, within both the legal and business worlds, in which bars, restaurants, and other such entities selling or serving alcohol and defense lawyers partner in attempts to deny liability for damages, arising from fatal drunk driving accidents. There has come into existence “Liquor Liability” defense law firms who exclusively handle the defense of Dram Shops held liable for damages in fatal drunk driving accidents. These law firms have developed a credible amount of experience in defeating the use of Texas’s Dram Shop Law, however, the skilled and well-informed attorneys our Law Office provide more than just a match for their tactics and arguments. Our Law Office has successfully defeated the legal arguments of every major Liquor Liability law firm and recovered thousands of dollars of damages for hundreds of our clients. If you have lost a loved one in a fatal drunk driving accident on the roads, contact our Law Office and let us be your shield against the defense law firms’ attempts to deny your claim for fair and just compensation for your loss.

The “Third Party” Defense in Fatal Drunk Driving, and Wrongful Death Accidents
Should your pursuit of compensation go to trial, the legal defense strategy will center, most certainly, on the drunk driver him/herself. It will be the goal of the defense lawyers to prove that the greater or greatest responsibility for the death of your loved one lies with the drunk driver (to diminish the apparent responsibility of their client(s), who served or sold the alcohol to the drunk driver). However, your Fatal Drunk Driving or Wrongful Death Accident Attorney from our Law Office will ensure that the members of the Jury fully recognize and understand the complicity of the Dram Shop(s) in the accident that took the life of your loved one. We will fight, at every turn, to skillfully overturn their lawyers’ legal arguments and expose the liability of their clients. With a nationally recognized reputation for obtaining results for our clients suffering, caused by the negligence of others, you can be assured that we will obtain the compensation due, so that you can resume your life.

Insurance Companies, and Their Potential Role in Your Pursuit of Fair and Just Compensation for Your Losses
We often encounter defense strategies dictated by insurance companies attempting to avoid having to pay damages on behalf of their clients. Be advised that it is in the best interests of the insurance companies to pay as little as possible to you, the victim in the event of an accident caused by the negligence of their policyholder(s). Tactics utilized by these companies range from tricking you into accepting a low-ball settlement (one which is wholly insufficient to fully recover your financial losses), to intentionally attacking the character of your lost loved on in an attempt to place blame upon them for their own wrongful death. Insurance companies facing the gauntlet of legal action, and the greater potential for subsequent awards of damages possible in the trial, enlist an entire range of strategies and arguments to either completely avoid liability, or decrease the amount they will have to pay. The attorneys of our Law Office want you to rest easy. We have successfully battled nearly every major insurance company in the country and recovered $1,000 in damages suffered by our clients. Every major legal defense law firm in the nation recognizes our reputation for a thorough investigation and aggressive litigation in pursuit of justice for our clients. Although recent judicial decisions and legislative actions have further restricted the successes of other law firms’ attempts to secure justice for their clients, our Law Office continues to be one of the most highly recognized legal practitioners known for successfully litigating cases and providing positive results for our clients. Do not allow your legal rights to be taken from you, or your entitlement to just and fair compensation for your losses to go unused. If you have lost a loved one in a fatal drunk driving, or wrongful death accident contact our office today, for a free consultation. Let us recover your financial losses, protect the memory of your loved one, and battle for your rights. We are here for you.

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If you’ve suffered moderate to severe injuries while using a defective product or as a result of someone else using a defective product, our experienced defective products liability injury attorneys may be able to help you recover the compensation for your injuries you truly deserve. Through over more than 20 years of experience, we’ve observed that many of our clients wished they had at least a working understanding of Texas’ product liability laws before contacting our firm. With that in mind, we’ve developed this introductory article and subsequent sister articles describing the following areas of Texas’ products liability laws:

Possible defendants in products liability lawsuits
Defectively designed products
Defectively manufactured products
Products featuring defective warnings
Car accidents caused by defective products

Possible Defendants in Products Liability Lawsuits
Injury victims should be glad to know that Texas law allows them the opportunity to hold all members of a supply chain who assisted in bringing a dangerously defective product to market for their injuries. A selection of common defendants in injury lawsuits premised on defective products include:

Product and component part designers
Product and component part manufacturers
Suppliers of the final product and its component parts
Retailers of the defective product and its component parts
Distributors of both the final product and the component parts from which it is composed.

Defectively Designed Products
Texas law holds that a product is “defectively designed” when, due to its design, it’s rendered unsafe for its intended and reasonably foreseeable uses or is inherently dangerous. Unlike manufacturing defects, design defects affect a product’s entire product line. Thus, design defects are often featured in product recalls and class action lawsuits.

Defectively Manufactured Products
Somewhat similarly, products are deemed “defectively manufactured” when, due to some departure from an appropriate design, a product is manufactured so that it’s unsafe for it’s intended and reasonably foreseeable uses.

Products Featuring Defective Warnings
Finally, Texas law considers products that lack warnings of non-obvious dangers to be “unreasonably dangerous” for consumer use. It’s important to note that warning defects can quickly become quite complex, and thus necessitate the attention and care of only the most experienced products liability attorneys, like ours at our Law Office.

Car Accidents Caused by Defective Products
Although discussed more fully in our article concerning defective products and car accidents, defective products are a leading cause of severe injury and fatal car collisions. Here’s a non-exhaustive list of defective products resulting in motor vehicle collisions:

Defectively designed and/or manufactured vehicle roofs in rollover collisions
Defectively designed and/or manufactured glass that shatters or doesn’t shatter as designed
Defective seat belts that fail to remain latched during a collision due to defective design or inferior materials
Tire tread separation due to defective design and/or manufacture
Defectively designed electrical components like cruise control sensors
Defectively manufactured mechanical components like braking systems and steering linkage

Contact Our Experienced Defective Product Injury Lawyers Today
If you suspect your or your loved one’s injuries were caused by a defectively designed, manufactured, or product that featured defective designs, our experienced product defects lawyers may be able to help you recover the compensation you deserve. Call us today for a free and confidential consultation based on the facts of your case and more information regarding how our Defective Products Lawyers can help you.

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Construction Industry Workers’ Compensation Law Explained by Attorney

Constant exposure to potential physical danger is unfortunately common in the construction industry as workers are called upon to work with heavy or dangerous equipment, handle potentially dangerous chemicals, or do physical labor high above the ground.

The dangers are everywhere, and while your employer may offer workers’ compensation benefits, this doesn’t always mean that your rights and interests are as protected as they should be.

There are many prevailing misconceptions about the process and complexity of how workers’ compensation actually works, and how it commonly plays out with construction-related accidents. We’d all like to believe that employers and workers’ comp insurers will always do the right thing, but it is important to remember that the employers and insurers are there to protect each other’s interests, not yours. To be sure that you receive fair and appropriate treatment, contact one of the attorneys at our Law Office for a free consultation and we can advise you of your rights and responsibilities, as well as help you determine if there are legal remedies that can help you get the compensation you need.

Why Would Your Employer Try to Deceive You or Omit Important Details in the Course of Helping You With Your Workers’ Compensation Claim?
In some circumstances, pure ignorance can cause an employer to fail to provide an injured worker with the proper resources to receive care under Workers’ Comp. The claim process is paperwork intensive and riddled with fine print and many construction managers simply do not have the time or the detailed orientation to devote to fully understanding the process.

In other cases, your company may intentionally be vague about Workers’ Compensation because they have no workers’ comp policy, and while it isn’t illegal for a construction company not to have Workers’ Comp Insurance, having it shields them from personal injury lawsuits so they may mislead you to believe that they are covered when in fact, they are not.

Finding the answer to this question is critical to determining how much compensation you may be able to receive, and if your employer does not carry the insurance, there are more legal remedies you can pursue than if your employer subscribes to workers’ comp insurance because the laws say that carrying the workers’ comp coverage allows employers a certain immunity to workplace injury lawsuits.

Thus, many employers may try to take care of the expenses and lost wages as would be covered by workers’ comp to give the illusion of having workers comp insurance in hopes they can avoid getting sued. If you have questions about the validity of your employer’s Workers’ Compensation Benefits, call us today.

Our firm has assisted countless construction workers who thought that they had a subscriber case when in fact they were dealing with a non-subscriber. As mentioned before, construction work is dangerous. Because of the risks, workers’ compensation is very expensive for construction companies. Therefore, they often choose not to subscribe. But when a worker is hurt, they may pretend to have workers’ compensation insurance in order to avoid a lawsuit. An experienced workers’ comp claim lawyer, however, can help you dig through any construction company tricks and determine precisely what options are available to you.

With over 20 years of experience in personal injury construction worker cases, the attorneys at our Law Office are poised and ready to investigate and ensure that you are not bamboozled by devious employers and you receive the full benefits you deserve.

How does Workers’ Compensation Apply to Workers in the Construction Industry?
The first thing you will need to find out is whether or not your employer is a Workers Comp Insurance Subscriber or Non-Subscriber. This may seem like a straightforward question and answer, but the truth is, many low to mid-level construction managers may not have the answer or understand the question. The higher your manager has to go up the chain of command to get an answer, the longer you will have to wait, and the response may be incomprehensible. The attorneys at our Law Offices are here to help you navigate through the bureaucratic mess and ensure that you are compensated fairly.

Workers’ compensation provides compensation to workers injured on the job while at the same time providing subscribers with a high degree of immunity to lawsuits, except in the rare case that a worker dies and the employer was grossly negligent. In this case, the worker’s family may file a wrongful death lawsuit. Due to the current legal structure of the workers’ compensation insurance system, if you are injured doing construction work for a company that carries workers’ compensation insurance, you cannot file a work injury claim.

If You Can’t Sue Your Employer Because he or she has Workers’ Comp Insurance, What Can You do?
You may be able to file a lawsuit against other parties to recover financial damages or get the relief you need. Other defendants in construction accident cases often include property owners who own or control the job site, other contractors, the general contractor, equipment manufacturers, and leasing companies.

Any of these other defendants could provide you with additional compensation to pay for your injuries. Our attorneys can conduct thorough investigations to determine exactly how your accident occurred, and identify all potential defendants in your case. We are dedicated to finding every possible source to secure the compensation you need.

What Benefits Should You Expect to Receive Under Workers’ Comp?
Up to 70% of any wages lost during recovery time in which you were unable to work.
Note: the max on this is capped at $600/week.
If the injury impairs you for life and renders you unable to return to work, you may be entitled to this benefit for the rest of your life.
Per diem compensation for mileage driven to and from places where you obtained medical treatment, prescriptions, and other necessary medical supplies.
100% coverage or reimbursement for any medical treatment, prescriptions, or over the counter medications and supplies related to the specific injury in question.

Non-subscriber Lawsuits
If your employer is not a Workers’ Compensation Insurance subscriber, you may pursue any of the following legal remedies:

Construction Accident Law Suit – This kind of lawsuit can help you recover:
Past and future medical expenses.
Lost wages from time spent recovering from injuries.
Compensation from lost earning capacity due to your injuries.
Compensation (damages) for your physical pain and mental anguish.

What if my Employer Thinks They are not Liable Because I was Working Alone and the Accident was my Fault?
Many construction companies may think that makes it a clear cut case in their favor, but the truth is, that even if you were working alone, your employer was responsible for providing you with the proper tools and safety training. Consider the following:

Did they provide you with proper training for lifting heavy objects, working high above the ground, or handling hazardous materials?
Did they provide you with proper safety equipment that was maintained and in good repair?
Did they fail to provide you with enough fellow employees to assist you in the task in which you were injured that the injury could have been prevented?
If the answer to any of these questions is NO, then your employer may still be liable for your injuries if they are a non-subscriber. Our experienced attorneys can trace back through the factors involved in your workplace accident and uncover any parties who may share liability for your injuries and help you assess which legal remedies are worthwhile for you to pursue.

Are You a Contractor or an Employee?
Because Texas law says only general employees may file are eligible to file construction work injury suits or workers’ comp claim, many employers in the construction industry believe that by having workers sign waivers that state they are contractors renders them immune to personal/workplace injury lawsuit.

However, the State of Texas has case laws that have been established that protect workers from falling into this trap by instituting standard criteria by which the existence of an employer-employee relationship is established regardless of whether you are listed by the company as a contractor or otherwise. These standard criteria evolved out of a volume of related cases in which similar determinations were made by the courts.

Based on Texas case law, an employer-employee relationship may be proven if:

The contract states the worker is an employee
The worker is working exclusively for that company
The employer provides the tools or materials the worker uses to complete the work
The employer manages the worker at various points throughout the project
The amount of time the employer is expected to continue working for the employee is not specified
If the worker is paid by the hour¸rather than by the project
The borrowing employer can hire or fire the employee
The borrowing employer requested to use a specific employee
The borrowing employer provides the tools and materials necessary for the worker to complete his or her job
The lending employer cannot interchange the borrowed employee with any other worker
The borrowed worker is used to fill a position that almost anyone could fill
The borrowing employer pays the worker’s taxes and social security
These very technical details along with your employer’s status as a subscriber are critical in determining what benefits you are eligible to receive and whether you have been receiving them fairly.

To ensure that you are not cheated out of the economic relief and potential damages you deserve, make sure that you absolutely DO NOT accept any offer of payment from the construction company. DO NOT sign any documents without having them reviewed by an attorney. DO NOT make or write out any statements detailing the incident.

Our Law Office has been handling construction accident injury cases in and around Texas for more than 20 years, and we are here to help you understand your rights and responsibilities so that you can get the best legal remedy you deserve.

If you think that you may be ineligible to recover benefits because you were a contractor, our construction law experts can review the criteria of your employment with the construction company and determine if you are actually still eligible for legal treatment as a general employee by meeting the credentials established in Texas state law.

Why Should I Choose Your Law Office to Help me With my Case?
We have been helping injured parties with both subscriber and non-subscriber cases all over the state of Texas for more than 20 years.
Our experienced lawyers can efficiently determine which kind of case you have and what potentially liable parties you should pursue to get the best possible outcome.
We have won cases against almost every major insurance provider in the United States and have a proven track record that encourages many defendants to make generous out of court settlements, which saves you time and money.
Our dedicated attorneys care about you and will do everything possible to get you through the process as quickly and painlessly as possible.
We will fight to ensure you get the compensation you need to get back on your feet and help ensure that the punitive remedies in your case encourage the construction company to be less negligent and understand that safeguarding their employees is of the utmost importance if they wish to remain in business.

Call us today for a free consultation.

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There are 125,000 cranes being used in America right now. We use them for transporting heavy objects and supplies to that we can have our skyscrapers, stadiums, and churches. Any complication that may arise will make operating the crane dangerous for its driver, the co-workers at the site, and any bystanders below the crane.

People can be easily killed if the crane loses its payload or if the line snaps. Buildings can be crushed if a crane falls or hits other structures. An operator can be electrocuted if a crane strikes a power line. That accident can be easily avoidable if the employer purchased a non-conductive hook and had it installed onto the crane. But, here are some other types of crane injuries and deaths that are unavoidable: Electrical shock, dismemberment, burns, spinal cord injury, and traumatic brain trauma.

Who was responsible if you have become a crane accident victim? There are numerous parties that are responsible. If your employer failed to provide a safe working environment to you, under a workers’ compensation claim, they will be held accountable. What if another party’s negligence caused the accident? A property owner may have had equipment that would have blocked the path of the crane, causing the accident. If negligence was the cause of the accident, you can file a lawsuit. The crane accident attorneys of our Law Office have been litigating lawsuit claims for twenty years. We can help you with your case.

The Occupational Safety and Health Administration (OSHA) have the following guidelines on the use of cranes on construction sites:

Regarding the operation of the crane, employers have to obey all manufacturer limitations and instructions.
Instructions about the crane’s load capacity and safety warnings must be visible to the crane operator.
The crane has been inspected by a safety inspector prior to operation. If there is anything broken or defective, it must be replaced immediately.
The employer’s responsibility is ensuring the crane is placed away from overhead power lines. If a crane must be operated near a power line, the employer must ensure the power line is shut down.
If an employer fails to comply with OSHA rules and guidelines on the use of cranes resulting in your injury, you have the right to file a lawsuit. However, depending on whether or not your employer has purchased a workman’s compensation will depend on the amount of compensation that you could demand. A Texas employer who buys workers’ comp is called a subscriber. A Texas employer who doesn’t buy workers’ comp is called a non-subscriber.

The state of Texas doesn’t require all employers to have worker’s compensation. But having workers’ comp is very expensive, so a lot of employers chose to turn it down. If an employee does get injured, an employer is willing to lie about having workers’ compensation in order to avoid a lawsuit. You can’t believe what an employer tells you. You need an experienced crane accident attorney in order to find out what the truth really is.

The real reason employers buy workmen’s compensation is because they are looking for protection from lawsuits. If you’ve been injured on the job or a loved one’s been killed on the job, you can’t sue your employer. The only way to sue a subscriber employer would be if the employee committed gross negligence. But it does not mean that this will end there. The insurance provider will be more than happy to provide for the injured and or family members of the deceased. They’ll pay for the medical bills and lost wages without a hassle. They’ll do all of that because they’re here to help their business. It only looks as though they’re helping you.

Every year, they’ve denied claims to countless employees. Insurance companies of non-subscriber employees will do anything to avoid providing compensation to injured employees. Workers’ compensation is needed in order to decrease lawsuits for injuries or accidental deaths in the workplace, but sometimes a lawsuit is the only way to get justice. It’s important that you have an experienced crane accident attorney on your side to take on the insurance companies.

The insurance companies will have a team of attorneys on their side. They’ll either try to convince you or force you into taking a poor settlement offer that couldn’t be enough to get you back on your feet. The attorneys at our Law Office will not only access your damages, we’ll determine if the insurance company is not being honest.

There are ways in which a victim can seek compensation from their subscriber employer or any third party:

If the gross negligence of the employer led to the death of your loved one, you can file a wrongful death lawsuit.
Someone else’s negligence, besides the employer, may have led to your injury suffered in a crane accident.
The property owner didn’t provide safe working conditions.
Manufacturers may be liable for malfunctioning machinery.
The operator may not have operated the crane properly.
Another contractor or employee could have negligently caused the injury. In this case, you can sue the responsible party.
It takes experience to identify all parties responsible and make them accountable for the injuries they have inflicted. If a worker suffers an injury due to the negligence of a subscriber employer and a negligent third party, the injured worker may seek compensation for both a workers’ compensation claim and a personal injury lawsuit.

Employers avoid buying workers’ compensation insurance because, in the construction business, insurance costs can be expensive. These employers are called non-subscribers. And when taking on a non-subscriber, you will need an attorney that will ensure that you get adequate compensation.

The Texas Government implemented workers’ compensation laws so that subscribers could be protected from lawsuits. Since you’re pursuing a lawsuit against a non-subscriber, you can look forward to greater compensation for your injuries or damages. You only need to prove standard negligence.

In a non-subscriber case, the law can be very complex. You would need an experienced crane accident attorney that can help you through this process.

The plaintiff will file a claim against the defendant that will inform them of the injury and the amount of compensation needed for damages. The easy way would be for the defendant to pay or negotiate with the plaintiff about the settlement. However, the defendant will contest the settlement and the parties will go to court. The plaintiff will have the burden of proving that the defendant was responsible for the injury leading up to medical costs, lost wages, and pain and suffering. Luckily, the plaintiff has to establish standard proof of negligence.

At this point, the non-subscriber employers will use some clever maneuvering to avoid paying you anything in court. Here are some examples:

A defense that the employer will use to their advantage is called sole proximate cause. They will claim that the plaintiff is 100 percent responsible for their own injuries. The defense lawyers are willing to destroy your name and credibility so that you will look like the negligent employee that was responsible for the accident.

The employer avoided paying for workers’ compensation, but they are willing to pay for the best attorneys that money can buy. Dragging an injured victim through the mud is a small price to pay for the employer who doesn’t want to take responsibility. You need an attorney with the expertise and the skills to defend your rights.

Do you know why many construction companies hire their employees as contractors? There is no obligation of safety for contractors. Your employer will deny that an employer-employee relationship exists between you two. How can they pay for your injuries, if there’s no evidence that states that you have been employed by them?

In some cases, the employer knows that an employer-employee relationship exists with the victim and they were able to secure compensation. The law sees you as an employee and you are entitled to compensation for injuries suffered on the job.

You need a crane accident attorney who can establish the employer-employee relationship between parties if they meet the following standards:

Social security and taxes were withheld by the employer
The employer provided equipment on the job
The employer provided a set schedule
You were managed, trained, and inspected by the employer daily
Documents that prove that you had to perform tasks in order to work for the employer: such as taking a drug test
You were hired for an undetermined period of time
You were was being paid on an hourly or salary wage
Our crane accident attorneys have the experience handling on the job injuries. We can help you identify all of the parties responsible for your accident and make them pay for all of the damages.

For twenty years, the lawyers of our Law Office have helped injured construction workers recovered millions in damages. We can handle any crane accident case, including those with many defendants. We know the OSHA regulations and can provide expert witnesses who can testify about the issues of workplace safety and operating heavy machinery. Call us today for a free consultation.

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