law 4/19/22 – Vehicle accident-Medical malpractice-Ins. claims/bad faith-Defective products-Burns-Slip&Fall-Premises liability-Truck-Motorcycle-DWI-Boat-Commercial vehicles-Railroad/trains- Wrongful death – gtg

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Medical Malpractice
Medical malpractice has become increasingly challenging over the last several years. Many lawyers have decided not to take these cases, but at our Law Firm, we continue to pursue medical malpractice claims for our clients.

Medical Malpractice Lawyer
We know how to investigate medical malpractice injuries and wrongful deaths, working closely with medical experts. Our founder is a Board-certified civil trial lawyer with extensive medical malpractice experience. You can rely on his skill as a litigator and his dedication to clients. For a free consultation with a medical malpractice attorney, please call us toll-free today.

What Is Medical Malpractice?
Many medical malpractice claims involve either misdiagnosis of a medical condition, mistreatment of a diagnosed condition, or failure to obtain informed consent from the patient. When we evaluate a claim, we look for evidence of negligence by the doctor, nurse, or hospital.

Misdiagnosis of a Medical Condition – When you go to your doctor’s office or the hospital because of a medical problem, you expect to be treated with the best of care. You expect to hear a diagnosis and then a treatment plan that lays out a course of remedies or medication. To create that plan, your doctor will take your medical history, ask you about the duration and severity of your symptoms, and then order tests and/or blood work, if necessary, to determine what your actual diagnosis is.

But what happens to you or a loved one if the doctor doesn’t follow all of the steps required in standard care and offers up a misdiagnosis? What happens if that misdiagnosis leads to further physical complications, injuries, or even death?

That’s where our Law Firm comes in. If you suspect that your doctor did not follow standard care procedures in diagnosing a medical condition and you’ve suffered because of it, contact the medical malpractice attorneys at our Law Firm. We will evaluate your situation and determine if you have a viable medical malpractice case.

A Formidable Legal Ally
At our Law Firm, we hold medical professionals accountable for their actions in your medical care. If you feel you have suffered further injury or missed time from work and your life because of a medical misdiagnosis, contact us today. Our medical malpractice lawyer now offers complimentary medical malpractice and medical negligence consultation to clients. If we accept your case, we will fight for compensation for medical bills and other medical costs, lost income, and pain and suffering. We can also seek funeral expenses and emotional distress damages for families who lost a loved one to wrongful death.

If you have any questions regarding our services, call our office to speak with a dedicated attorney.

An Injury & Business Law Firm
Our Law Firm is a proven personal injury & business litigation firm serving victims of auto accidents, truck accidents, motorcycle accidents, boat accidents, medical malpractice, dangerous product injuries, premises liability, slip and fall injuries, insurance claim disputes, wrongful death, and severe injuries as well as corporate and commercial litigation, real estate litigation, securities fraud and negligence, and other areas of business law.

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Insurance Claims / Bad Faith

Do You Know Your Rights in Insurance and Financial Disputes?
An insurance policy is a contract between the client and the insurance carrier. If the insurance company fails to meet its obligations, you may be able to file a bad faith claim and receive compensation for your losses. Do not settle any insurance claim before you know your rights and have been treated fairly and honestly by the insurance company.

Insurance Claims Lawyer
At our Law Firm, we know how to fight insurance companies. We have dedicated our careers to protecting individuals from insurance company greed. In addition, we represent people who are experiencing problems with financial advisors, stockbrokers, or accountants. To learn how we may be able to help you, please call us toll-free. Your consultation with an attorney for insurance claim litigation is free.

What is Bad Faith?
When you buy insurance, you expect to get a fair deal. Should an event occur for which you have coverage, you expect your insurance company to pay you promptly and fully. Unfortunately, that is not always the case.

Insurance bad faith is a situation in which your insurance company fails to deal with you in an honest and timely manner. The two most common types of bad faith are:

Denial of a legitimate claim
Excessive delay in payment of a legitimate claim
Insurance policies are intricate and complex legal documents. Some insurance companies play to the fact that most people don’t read through the documents or understand what their coverage fully entails. Remember, every time an insurance company pays out a claim, they lose money, and that isn’t in their best interest.

Sometimes an insurance company will acknowledge your claim, but take an unreasonable amount of time to pay you. This is an internal situation with the company. Often, if the company delays a claim long enough, they are able to stall negative financial reports to its stockholders.

An attorney that is on your side, rather than the side of the insurance company, can really help. When your insurance company realizes that you are prepared, able, and willing to go to court, it becomes in their financial best interest to settle your claim as quickly as possible. A long court case is the last thing an insurance company wants.

If you are having any type of difficulties settling a claim with your insurance company, please contact our insurance bad faith lawyer today for a free consultation. Once we understand the specifics of your case, we will be able to help you more fully explore your legal options.

Talk To Us First
Before you accept a settlement from an insurance company or another party, it is important to consider the short and long-term expenses of your loss. Although the insurance company may pressure you to make a decision quickly, you do not have to accept the initial offer. You have a right to consult an attorney first to make sure you are receiving adequate compensation and not signing away critical rights.

If you are being treated unfairly, we can protect your rights. Call our Law Firm to speak to an experienced insurance claims / bad faith attorney.

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Defective Product Injuries

Defective Product Attorney
Successfully arguing a product liability claim is a complex process. You must understand mechanical, engineering, and medical issues. There are usually numerous parties involved such as the manufacturer, distributor, and seller. Determining liability takes thorough investigative work.

At our Law Firm, we have experience with defective products and unsafe drug claims. We work with engineers and medical experts to build strong cases. We also identify the companies involved in producing and selling a defective product and hold them accountable for their negligence. For a free consultation, please call us toll-free.

Injured by a Defective Drug or Product?
Our founder is Board Certified in civil trial law by the Texas Bar. As a civil trial law expert, he has the knowledge and skill to litigate complex product liability cases, whether they involve household appliances, vehicles, drugs, toys, tools, or other devices.

The firm’s product liability practice includes:

Product liability
Manufacturing and design defects
Car rollover defects
Drug recalls

We represent injury victims and their families in injury and wrongful death claims against negligent corporations. Our experienced attorneys will fight for the compensation you are entitled to receive for losses such as medical bills, lost income, monthly expenses, and pain and suffering.

Product Liability
Product liability law involves any injury sustained from the use of a defective product. This is much more complicated than it sounds. A product can be any item that, when properly used, causes injury. An example would be a barbecue grill that catches fire or a wrongfully filled prescription drug by a pharmacy that causes serious side effects.

Manufacturing Defects / DESIGN DEFECT / Defective Product
our Law Firm specializes in manufacturing and design defect liability law. Any time a product has a design or manufacturing flaw, the item is considered defective. When a product you buy is defective, it can cause a range of potentially harmful problems.

It is a manufacturer’s responsibility to ensure that its products are safe and fit for their intended use. This is known as product liability. When they sell defective products to the public, they can be held liable for the resulting injuries and damages. Many times, a large number of defective products are being used in the public realm at the same time. When this happens, all of the victims who have been injured or harmed by the same product can join together and bring a class-action lawsuit against the manufacturer responsible.

Here are a few examples of products that have caused harm in the past:

Defective automobiles, like defective tires
Defective saws, tools, blenders, and toys
Defective heart and hip replacements
Contaminated foods
A product liability claim can be brought against any party involved in the chain of manufacturing distribution. This can be the original manufacturer, the manufacturer of any component parts, the distributor, or the retailer.

In the case of prescription drugs, the medical professional or pharmacy that prescribed the drug may also be legally negligent if they prescribed or filled the wrong prescription.

If you have been injured by a consumer product or prescription drug and feel you were not properly warned of the dangers, please contact our product liability attorney today. You deserve compensation for lost wages, medical bills, pain, suffering and more. Our Law Firm will ensure you get what law entitles you to.

Who is held accountable for product and manufacturing defects? – It depends on who is specifically proven to be negligent. This could be any party involved in the chain of manufacturing, a distributor who caused damage to a product, or even a doctor who has prescribed a drug without warning his or her patient of potential dangers.

What is informed consent? – Informed consent means that you have been made aware of all the risks and side effects involved in using a product or medication before you use it.

If you have any questions regarding our services, call toll-free to speak with a dedicated attorney.

An Injury & Business Law Firm
Our Law Firm is a proven personal injury & business litigation firm serving victims of auto accidents, truck accidents, motorcycle accidents, boat accidents, medical malpractice, dangerous product injuries, premises liability, slip and fall injuries, insurance claim disputes, wrongful death, and severe injuries as well as corporate and commercial litigation, real estate litigation, securities fraud and negligence, and other areas of business law.

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Burn Injuries

Severe burns are horrifying and can be extremely painful. They often require expensive, long-term health care. Intricate medical procedures, such as skin grafts, may be necessary, requiring extended hospital stays. Often, the burn victim will be unable to work during recovery.

The primary cause of burn injuries is auto accidents. Another major cause of burns is the use of unsafe and defective products.

There are six degrees of burns with first-degree burns being the least severe and sixth-degree burns being the most severe. Typically, lawsuits only involve second-degree burns or higher. It is important to contact an injury lawyer as soon as possible to help determine your best course of legal action.

If your burn is the result of someone else’s actions or inactions, you have the right to file a lawsuit against the responsible party. Our Law Firm will help you seek restitution for medical expenses, lost wages, court costs, and pain and suffering.

At our Law Firm, we operate on a strictly contingent basis. We will never charge you anything up-front, nor will we charge you anything if we don’t win your case. If you’ve been burned in an accident, you deserve to explore your legal options. Relief is available. Call or email our injury lawyers today.

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Slip & Fall Accidents

Broken Bones, Back or Head Injuries?
Slip-and-fall accidents are one of the most common sources of injury. While some accidents result in bumps and bruises, other slip-and-falls or trip-and-falls cause serious injuries. If you hit your head when you fall, you could suffer a traumatic brain injury. Broken ribs, arms, and legs are also common fall injuries. In some cases, people injure their spinal cord, back, or neck.

Slip and Fall Attorney
To recover compensation after a premises liability injury such as a slip and fall, it is best to work with an attorney. Proving liability for slip-and-fall/trip-and-fall cases can be challenging. At our Law Firm, we have considerable experience with these cases and understand what it takes to get results. As your attorney, we provide compassionate service while fighting the insurance company on your behalf. For a free consultation with a slip-and-fall injury lawyer, please call us today.

The Dangers of Unsafe Property
A slip-and-fall accident can happen on surfaces that are wet, slick, uneven, or unstable. Trip-and-falls may occur when an object is in the path of a pedestrian. This may include items such as fallen merchandise, power cords, garbage, tools, or building materials. People also trip and fall when a walking surface is broken or defective. Broken steps, ripped or bunched carpet, missing tiles, and cracked pavement are good examples of defective surfaces.

You may have encountered these problems on public or private property such as:

Hotels
Pools
Theme parks
Parking lots and parking garages
Restaurants
Gas stations
Retail, discount, and grocery stores
Malls
Restrooms
Sidewalks
Stairs
Apartment complexes and homes
If the property owner’s negligence caused your injury, you may be entitled to compensation. We seek damages for your losses, including medical bills, lost wages, monthly expenses, and pain and suffering.

How do I know if I am to blame for a slip and fall accident?
If it took place in your own home, there is no legal action you can take. If the fall occurred on property other than your own and the walkway was flawed or unsafe, you may have a case.

What if the owner of the property did not know it was unsafe?
He or she can still be held accountable for negligence if there is evidence he or she should have reasonably known about the danger.

Call a Trip-and-Fall Accident Lawyer
To schedule a free consultation, please call us toll-free.

If you have any questions regarding our services, call to speak with a dedicated attorney.

An Injury & Business Law Firm
Our Law Firm is a proven personal injury & business litigation firm serving victims of auto accidents, truck accidents, motorcycle accidents, boat accidents, medical malpractice, dangerous product injuries, premises liability, slip and fall injuries, insurance claim disputes, wrongful death, and severe injuries as well as corporate and commercial litigation, real estate litigation, securities fraud and negligence, and other areas of business law.

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Premises Liability Issues

Seeking Compensation for Injuries and Other Losses
Accidents that occur on another party’s property and are caused by the property owner’s negligence are called premises liability accidents. If the accident or injury was the result of inadequate security measures, it is referred to as negligent security.

Premises Liability Lawyer
Premises liability and negligent security are serious issues that can cause catastrophic or fatal injuries. If you or a loved one has been injured on another party’s property, you may be entitled to compensation for your losses, including medical bills, lost income, monthly expenses, and pain and suffering. Working with an experienced personal injury lawyer can make the process easier as you focus on recovering. For a free consultation with our premises liability attorneys, please call our Law Firm today.

Hurt on Another’s Property?
Our premises liability and negligent security practice cover a range of issues, including:

Slip-and-fall/trip-and-fall accidents
Injuries to tourists
Dangerous premises
These types of accidents can happen just about anywhere, from parking lots and gas stations to hotels, grocery stores, and homes. Whether it is private or public property, you may be able to hold the owner liable for negligence resulting in injury or wrongful death.

What if I was injured on government property?
The same laws apply to injuries that occurred on government properties as on other privately owned properties. The only exception is that there could be a statute of limitations concerning the amount of time you have to notify them of the injury and your intention to sue.

Are the laws different if I was invited to the property where I was injured?
Yes. An invitation to the property is taken into account during the court proceedings. If you were invited to the premises where you were injured, the owner may be liable for more in terms of damages.

What if the owner didn’t know his property was dangerous?
Owners can be held responsible for any dangerous condition on their land or property, whether they were aware of the danger or not. If they were unaware of a dangerous condition, they are considered negligent according to the law.

What kinds of properties are usually involved in dangerous premises cases?
There is no restriction as to the type of property. Cases have taken place involving hotels, restaurants, commercial and office buildings, private residences, government properties, or anywhere an injury has occurred excluding the victim’s own home.

We represent residents and tourists who have suffered injuries such as paralysis and brain injuries, back and neck injuries, broken bones and amputations, assault, robbery, or wrongful death from drowning. With 30 years of experience, we have handled nearly every type of injury case. You can rely on our dedication to clients and our thorough case preparation.

Contact a Negligent Security Attorney
To schedule a free consultation, please call us today.

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Motorcycle & Bicycle Accidents

Experienced Trial Lawyer Who Will Fight for You
No matter where they occur, motorcycle or bicycle accidents are almost always serious. Even when there is no collision with another vehicle, the cyclist can suffer severe or fatal injuries.

At our Law Firm, we understand that you may be seeking compensation for a seriously injured family member or because you lost someone to wrongful death. We have represented many motorcycle and bicycle accident victims and their families over the years. You can be certain that our attorneys will diligently pursue your claim and will take it to trial if that is in your best interests. To schedule a free consultation with a motorcycle accident lawyer, please call us today.

Get the Compensation You Need
Many motorcycle and bicycle accidents are the results of collisions with cars or other vehicles. With no protective steel structure surrounding them, cyclists can be severely injured by a relatively minor collision. Injuries common to these accidents may include:

Broken bones and amputations
Back injuries
Neck injuries
Brain injuries and paralysis
Burns and road rash
These injuries may result in scarring or other disfigurements, as well as temporary or permanent disability. The accident victim may need surgeries, rehabilitation, long-term care, and cosmetic procedures. Because the medical expenses will be significant, we will argue for full and fair compensation to cover your losses. When necessary, we utilize medical and economic experts to calculate the costs of current and future medical bills, lost income, and additional expenses.

Contact an Accident Lawyer
To schedule a free consultation, please call us today.

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DUI/DWI Accident Victims

You May Be Entitled to Additional Damages
If were injured by a driver who was under the influence of alcohol or drugs, we can argue for punitive damages in addition to compensatory damages. It does not matter whether the driver is convicted of DUI/DWI in criminal court. In civil court, we just need to show that the driver had a blood alcohol content (BAC) near or over the legal limit.

DUI/DWI Accident Lawyer
Our Law Firm represents DUI accident victims and their families. Our experience with vehicle accidents means we are prepared to handle claims involving drunk drivers. There is no excuse for drunk driving, and we will hold the negligent driver accountable for the damage he or she causes. For a free consultation with an attorney for DUI accident victims, please call us toll-free today.

We Can Help You Fight Back
Accidents caused by drunk drivers are usually serious because their attention is not on the road and their reflexes are slowed. Drunk drivers tend to swerve into other lanes and miss traffic lights or stop signs. The result can be dangerous head-on collisions, high-speed collisions, rear-end collisions, or T-bone collisions.

The victims of these collisions often suffer severe injuries such as:

Brain injuries
Back injuries
Paralysis
Broken bones and amputations
Burns
In the worst cases, wrongful death is the result of an accident.

Victims of catastrophic accidents often need long-term care from specialists. They may suffer temporary or permanent disability and be unable to return to work. The cost of such accidents may be in the millions of dollars.

We fight hard for our client’s rights to recover adequate compensation to cover their losses. In addition, in DUI cases, we argue for punitive damages.

Contact a Drunk Driving Accident Injury Attorney
To schedule a free consultation, please call us today.

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Bus Accidents

There are two types of bus accidents related to legal situations:
You were a passenger on a bus that was involved in an accident.
You were driving or riding in a passenger vehicle that collided with a bus.
An auto accident lawyer with our Law Firm can help in both instances.

If you were a passenger on a bus that was involved in an accident, obviously the accident was not your fault. You may still deserve compensation for injuries sustained through no fault of your own. Legally, however, you must prove negligence on the part of the other parties, which can include the bus driver, the owner of the bus, and the operators of any other vehicles involved in the collision.

Negligence is a legal definition involving the comparative inattention towards a potentially dangerous situation that a reasonable, prudent person would have avoided. Proving negligence is not something easily done. That’s why you need an attorney on your side. Our Law Firm has the resources and skills necessary to investigate your bus accident-related injuries and subsequent legal claims.

If you were driving a bus or were a passenger in a vehicle that collided with a bus, you should also hire legal representation. It can be difficult to obtain compensation from a bus company after a bus accident because it’s difficult to prove who was legally responsible. The negligent party could be the bus driver, the owner of the bus company, the bus maintenance supervisor, or a combination of these people.

Frequently Asked Bus Accident Questions

Fortunately, if you enlist our Law Firm, you enlist an experienced lawyer. We will help determine who was at fault, why, and what settlement you deserve. Then we will pursue that settlement and, as with all our cases, we’re fully prepared to go to trial and win.

If you’ve been involved in a bus accident, please contact our auto accident lawyer today for a FREE CONSULTATION!

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Boat Accidents

Injured on the Water? Your Lawyer Must Know Maritime Law.
In Texas, boating, water skiing, and swimming are popular pastimes for residents and tourists. Boating and other water sports can be extremely dangerous, however, especially if alcohol is involved. If you or a family member has been injured in a boat accident, an experienced personal injury lawyer can help you seek compensation.

Boat Accident Lawyer
At our Law Firm, we have years of experience representing injury victims and their families in marine accident claims. We understand the special maritime laws that govern boating accidents, and we have experience trying cases in federal district court. You can rely on our knowledge in this area of law. To schedule a free consultation, please call a boating accident attorney at our Law Firm.

Handling Serious Injury and Wrongful Death Claims
Boating accidents can result in severe injuries such as brain injuries and paralysis, broken bones and amputations, neck injuries, and back injuries. Passengers who are thrown from the boat in a collision or who fall overboard are at risk of drowning, especially if they are not wearing life jackets.

Accidents involving boats and other recreational watercraft can happen because of issues such as:

Capsizing
Sinking
Running aground
Colliding with other watercraft
Lack of safety equipment on board
Operating under the influence of alcohol or drugs
Children operating a watercraft
Whether you were the operator or a passenger, you may be entitled to compensation if another party’s negligence caused your injury. We fight for our client’s rights to collect damages for medical bills, pain and suffering, lost wages, and related expenses.

Contact a Boating Injury Attorney
For a free consultation, please call us toll-free today.

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Railroad & Train Accidents

It is fairly often that we read about some type of accident involving trains and the railroads. The three most common types of train accidents are:

Derailment – when the train leaves the track and damages people or property
Collision – when the train damages people or property in either a properly or improperly operating railroad crossing
Environmental – this is when a train accident results in toxic cargo solid, liquid, or airborne entering the ground or atmosphere

Due to the size and sheer weight of even a single train car, the destruction that can result from a train accident can be severe, if not deadly. In order to receive a settlement for any injuries suffered as the result of a train accident, you must prove that the responsible party was negligent.

The responsible party can be:

The actual train conductor
The owner of the train company, who is ultimately responsible for the proper maintenance and safety of the train
Some other party such as another driver, depending on the specifics of your situation
Investigating a train accident to its fullest requires someone with years of experience and a wide range of resources. Frankly, without a personal injury lawyer on your side, you don’t have much chance of getting a settlement for medical bills, damages, and injuries that is truly in your best interest.

Railroad Disasters
When railroad companies act responsibly and meet their safety obligations to passengers and the public, railroad disasters are rare. Unfortunately, as budgets are slashed by corporations and by government overseers, safety personnel may be cut back, inspections may be hurried or even eliminated, and safety suffers.

If safety suffers, hundreds of people can be killed or injured in railroad disasters. Our Law Firm can make the difference between devastation and the justice that injured victims and their families deserve.

We know the laws and safety standards that apply to railroad disaster cases.
We can provide victims of railroad disasters with the confidence that they will be treated fairly and justly because we have litigated cases similar to theirs. Our team of experts knows the laws and safety standards that apply to railroads and rail companies.

When you or your family members have been harmed in a railroad disaster, or as the result of an accident involving a vehicle and a train, we move aggressively to find the cause. We know that rail carriers sometimes neglect proper maintenance of train steps and passageways, or speed over unsafe or congested stretches of track. We know that warning systems are sometimes neglected, and that locomotives are not always properly maintained.

One of our strengths in handling railroad disaster cases is our meticulous investigation and attention to detail. For example, we investigate whether crossing guards may have malfunctioned, or if warning devices may have failed.

Each case is different, and we give each one our serious, undivided attention.

We are ready to help if you or a loved one has been involved in a railroad disaster.

If a loved one has died, or you or a family member has been injured, because of a railroad disaster, we are prepared to discuss your case and seek justice on your behalf.

Free consultation with an experienced train accident lawyer
Please fill out our Contact Form, or call us to learn more and arrange for a confidential free consultation.

If you’ve been involved in any type of train accident or railroad work-related event, the law limits the amount of time you have to process a claim. A personal injury lawyer with our Law Firm offers free consultations. Contact us Today!

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Wrongful Death

Put 30 Years of Experience on Your Side During This Difficult Time
If you have lost a loved one to wrongful death, you know that money cannot undo the damage that has been done. However, you also know that you and your family may be facing serious financial difficulties in the aftermath of this tragedy. Will you be able to pay funeral expenses and monthly bills?

Bringing a wrongful death claim against the negligent party is a way to secure financial compensation for your family. It is also a way to seek justice for your loved one. Holding an individual or corporation responsible for its actions may prevent the same thing from happening to another family in the future. You will still have suffered a terrible loss, but some people find comfort when their loved one’s death has an impact on safety regulations, personal responsibility, or corporate policy.

How We Can Help
The wrongful death attorneys at our Law Firm provide compassionate support to families while aggressively pursuing wrongful death claims. We take the time to get to know you so we can truly understand your family’s needs and goals. As experienced trial lawyers, we are prepared to go to trial when that is in your best interests.

Wrongful death damages may be awarded to compensate the family for financial and emotional losses such as:

Medical bills
Funeral expenses
Lost future income for dependents
Emotional distress
Depending on the specifics of the case, damages may also be awarded as a punitive measure against the negligent party.

Who Can File a Wrongful Death Claim?
Depending on the type of case, the following people can file wrongful death claims:

Spouses
Children
Parents
Siblings
Wrongful death is described as any death that is another person’s fault. The most common cause is auto accidents, Rollover, unsafe products, unsafe premises, truck accidents, bus accidents, marine accidents, medical malpractice accidents, and railroad accidents although any other type of death is a potential wrongful death case, as well. Survivors of the deceased typically file a lawsuit in order to seek financial compensation. The amount awarded is based upon the deceased’s projected potential earnings and medical costs, as well as emotional anguish.

While someone usually files a wrongful death case in the immediate family, other people may file a lawsuit in special situations. For instance, if the litigant is under 18, a guardian ad litem is usually appointed to conduct legal matters on their behalf.

Also, stepchildren and other non-adopted children can also be awarded certain rights regarding wrongful death lawsuit filings. Much of who is allowed to file suit is dependent upon the specifics of the situation.

What sort of compensation can I receive?
It depends on the situation. Generally, the deceased’s projected future earnings are calculated and then divided proportionally by the number of dependents. The compensation varies, however, based on how the person died. Additionally, punitive damages for pain and suffering can be awarded.

What if the death occurred in a medical setting?
Wrongful death claims are still applicable.

How much does a wrongful death lawsuit cost?
Nothing. Our consultations are free, and if we take your case, you won’t pay us until it has been resolved.

Our wrongful death lawyer serves clients with free consultations! Contact our Law Firm today to set up an appointment.

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2/15/2022 – Medical Malpractice – gtg

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Medical Malpractice

I receive over 250 requests to evaluate potential medical malpractice claims a year. Most of these requests appear to have valid claims against a healthcare provider for errors in providing medical services or failure to provide services. In most situations, in order to properly evaluate a potential claim, records need to be obtained and the records need to be reviewed by a medical expert. The cost of time and money to obtain records and have them reviewed generally is between $1,500 and $2,500. About one in fifty of these potential claims appear to be “economically viable”.

It is therefore essential that I pick through the requests and evaluate only those that have a high probability of being “economically viable” unless the potential client pays for the evaluation. To properly evaluate all apparently valid claims that I receive, I would be spending about $500,000 a year ($2,000 X 250). From years of experience, I know that I will only find about five cases out of 250 that will be “economically viable”. “Economically viable” means that the chance of winning and the amount of the potential award are high enough to offset the enormous costs of time and money to pursue the case.

The cases that are potential “economically viable” are those cases that are the most outrageous, include clear liability on the part of the healthcare provider, and whose “economic damages” are in excess of a million dollars. The reason that the threshold for “economically viable” is so high is due to the roadblocks to medical malpractice lawsuits created by the healthcare industry and its insurance companies to keep YOU from successfully pursuing just and proper claims against healthcare professionals. Who benefits from this law? Who is prejudiced by this law? Who do you think was behind getting the legislature to pass laws that DO NOT hold healthcare providers liable for their errors in the same way as every other professional?

What is Medical Malpractice?
Medical malpractice or medical negligence occurs when a doctor or other healthcare provider breaches his or her duty to a patient to perform treatment in accordance with the “standard of care”. The “standard of care” requires that a healthcare provider exercise adequately the skill, knowledge, and care ordinarily possessed and exercised by other members of the profession acting under similar conditions and circumstances.

What can I recover in a Medical Malpractice Case?
As in any other personal injury case, the damages which can be recovered in a medical malpractice case fall into two classifications: “special damages” and “general damages”. “Special damages, or “economic”, damages, are the “cost” of medical care, the “cost” of special medical devices, “costs” the plaintiff will incur in on order to continue to function, the loss of future earnings, and other “out of pocket” expenses/losses. “General Damages” or “non-economic” damages, are the compensation to the plaintiff for the pain, suffering, disfigurement, embarrassment, loss of enjoyment of life, and so on.

Legislative Limit on “Non-Economic/General” Damages
The Texas Legislature limited the plaintiff’s ability to recover “non-economic” damages to $250,000. No matter how much pain the plaintiff has/will suffer, no matter how their future life has been altered, no matter the disfigurement, no matter that they will never walk again, hold their child, or enjoy the normal functions and joys of life, the limit on “non-economic damages” is $250,000.

Proving Medical Malpractice
It is expensive to gather and present the evidence needed to prove that a provider had fallen below the standard of care. Plaintiffs in medical malpractice cases need to hire expert witnesses to testify on the issues of (1) the “standard of care”; (2) the provider’s breach of that standard; (3) the causal relationship between the negligence and the injuries caused; and (4) the cost of the future care for the injuries caused; and (5) any loss of earnings over the lifetime of the plaintiff. Most plaintiffs cannot afford the cost of hiring these experts ($50,000 – $100,000+), especially at a time when they are dealing with the changes in their life caused by the malpractice. Plaintiffs are left to rely on attorneys to advance these litigation costs in the hope that the recoveries in their cases will repay those costs. The only part of the recovery by the plaintiff that can repay the costs without compromising that plaintiff’s future medical care, nursing care, equipment needs, or lost income is the “non-economic damages” portion of the recovery which has been limited by Texas law.

The Economics of a Medical Malpractice Case
When considering the costs of pursuing a medical malpractice case ($50,000 to $100,000+ in costs) plus attorneys fees and the projected outcome of a jury award, it becomes apparent that the only “economically viable” medical malpractice cases are those with very large “economic damages”.

What about a Death caused by Medical Malpractice?
In cases involving a death, the same basic analysis applies like any other personal injury case, except for the non-economic damages and the attorney’s fees. Non-economic damages remember are limited to $250,000. In addition to non-economic damages, the hires are entitled to recover the incurred medical and funeral expenses as well as loss of income that they would have otherwise received but for the death. This situation results in most death cases of a relative that was not supporting someone, being not “economically viable”, even though life has been wrongfully taken.

Why are Plaintiffs Law Firms reluctant to take Medical Malpractice Cases?
In the vast majority of cases, the profit margin is too low or non-existent. It is much more expensive to pursue medical malpractice claims than it is for almost every other type of personal injury claim with the exception of products liability claims against automobile manufacturers and drug manufacturers. The amount of work required by the plaintiff’s law firms in a medical malpractice case is as high as in auto and drug manufacturer cases. The plaintiffs’ law firms don’t want to work on and invest their money in cases that are substantially more difficult, are substantially riskier, and pay substantially less. Generally, juries are much more likely to hold an automobile or drug manufacturer accountable for their wrongdoing than they are the local doctor or healthcare provider.

What are my options?
If I believed your claim was “economically viable”, meaning it includes clear liability and/or outrageous conduct on the part of the healthcare provider and “economic damages” are in excess of a million dollars (medical expenses and lost income), I would have undertaken an evaluation of your claim at my expense and you would not have received this letter. However, I do not believe that the claim that you presented to me is “economically viable” for my firm to take on.

I suggest that you shop with other law firms. See if another attorney evaluates your claim differently than I do. Your other option is to pay a law firm to fully evaluate your claim. Some law firms will fully evaluate medical malpractice claims for a fee, generally $1,000 to $5,000 depending upon the complexity of the facts. We do not evaluate claims for a fee. If I thought it was a good idea for you to spend your money on an evaluation, I would have spent mine. If you want a full evaluation for peace of mind, then it may be worth the cost to you to pay a law firm to fully evaluate your claim.

I think you have misjudged my claim.
If you believe that I have misjudged your claim, please bring to my attention any facts or circumstances that I may have not properly considered.

Please Keep In Mind
Please keep in mind, in Texas for medical malpractice claims in almost every situation (other than minors), failure to file a lawsuit within two years of the injury results in the loss of all ability to pursue legal rights through the court system. Further, please keep in mind, that until I formally accept a case (a written retainer agreement is signed), I am not your attorney nor am I representing you. The fact that we may be corresponding about possible representation does not make me your attorney.

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Immigration 1/21/22 – gtg

Immigration

Individuals concerned with US Immigration Law and Immigration to the US as related to Green Cards typically ask the following questions: What is a Green Card? What is a Green Card For? How do you get a Green Card? How can I get a Green Card? What is the Green Card Application Process? These questions and several more will be addressed below.

WHAT IS A GREEN CARD?
A Green Card is essentially your ticket to living the American Dream. While a Green Card DOES NOT qualify you as a U. S. citizen, it brings you one step closer to becoming one. A Green Card is US Government-issued Permanent Resident Card. Your Green Card will be proof of your legal status in the US. In other words, a Green Card is valid proof of your legal US permanent resident status.

WHAT IS A GREEN CARD FOR?
A Green Card is for several things. Primarily, a Green Card allows you to live and work in the US, and travel in and out of the US–subject to certain exceptions. A few of the benefits of a Green Card are listed below:
-Live and work permanently anywhere in the US
-Apply to become a US citizen once eligible
-Request visas for your husband or wife or unmarried children to live in the US
-Get Social Security, Supplemental Security Income, and Medicare benefits, if eligible
-Own property in the US
-Apply for a driver’s license
-Attend public school and college

HOW TO GET A GREEN CARD?
Obtaining a Green Card comes as a result of an arguably arduous process. While an individual could accomplish the task without assistance or advice, there are lots of legal nuances that make obtaining and maintaining a Green Card a job best left to experienced professionals. Making a mistake on your application could ruin your chances of ever receiving one. This is where the immigration attorneys and green card lawyers at our Law Firm can help. Some organizations hold themselves out as competent immigration consultants, experts, or even specialists. Others consider you nothing more than a paycheck. These are not principles of the immigration lawyers and green card attorneys at our Law Firm. We are here to make this process as easy, quick, and strain-free as possible. We do this because we come from immigrant backgrounds. We want to help you live the American Dream better than those who helped us. Nonetheless, you can obtain a Green Card in any of several ways as long you qualify. For example, you could obtain a:
-Green Card Through Family
-Green Card From Marriage/Visa From Marriage
-Green Card Through Work/Visa Through Work
-Special Immigrant Green Card
-Entrepreneur Immigrant Green Card
-Green Card Through Asylum and Refugee Status
-Green Card Through Diversity Visa Lottery
-Green Card Through Amnesty Proceedings

WHAT IS THE GREEN CARD APPLICATION PROCESS?
As stated, the Green Card Application Process can be quite overwhelming and frustrating if you do not understand how things work. However, this is where we come into the picture. Our immigration attorneys pride themselves on carefully preparing and presenting your application to make the Green Card Process as burdenless on you as possible. Feel free to contact us with all of your Green Card questions. Nonetheless, here is a general summary of the permanent resident application process. The application process is lengthy and complex.

If seeking to obtain a Green Card through an employer, you will not be doing much work. Rather, you will wait while the employer completes the necessary steps. For example, the employer will have to complete a prevailing wage request and receive a prevailing wage determination from the US Labor Department. The prevailing wage determination informs the employer of the wages normally paid to individuals in similar jobs. Then, your employer will need to attempt to hire an American worker for the same position. Assuming that hiring fails, the employer will then file a labor certification on your behalf. Whether you are seeking a Green Card through employment or through family, be prepared to wait a little longer.

Step two for an employment-based Green Card/Step one for a family-based green card is for either your employer or US family member to complete a Visa Petition on your behalf. This Visa Petition is called Form I-140 for employers and Form I-130 for families. Not every Green Card applicant is given priority when applying. In other words, depending on the category under which you apply, you might need to wait until the people who filed before you have received their Green Cards. This is commonly referred to as an applicant’s “priority date.

Now comes the time when you fill out your respective application forms and gather the necessary various documents. Depending on the circumstances, you will follow the procedures related to consular processing or adjustment of status, minus the steps already discussed above. Also depending on the circumstances, you–and possibly your family member–will need to attend an interview either at the US consulate in your native country or the designated USCIS office. During this interview, you will be asked questions and your application will be reviewed.

Next is the moment where you cry tears of joy or sadness; we always hope for tears of joy. If everything goes accordingly and depending on the circumstances, you will receive either a visa to enter the US or a letter of approval. If things go amiss, you will receive a letter of denial with an explanation stating why your application was denied. If you have any Green Card questions, please do not hesitate to contact our experienced immigration attorneys. As stated, the Green Card application process is not a simple task and, in our experience, is best left to competent professionals with a substantial understanding of the laws and bureaucracy concerning US immigration law such as our staff. Best of luck. We wish you the best, as we always have and always will.

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The Immigration and Nationality Act (INA) is the governing law that allows for you to change your status from temporary to permanent. The INA provides two primary paths for foreign nationals to obtain green cards. One path is adjustment of status, while the other is consular processing. While the INA furnishes you with several specific ways to obtain permanent resident status in the United States, the procedures are different for a person who is eligible in the United States and a person either ineligibly in the United States or outside of the United States.

For those eligible in the United States, “adjustment of status” is the proper procedure. For those either ineligibly in the United States or those outside of the United States, “consular processing” is that proper procedure. The following material will be a brief description of the steps to complete consular processing. For specific ways to obtain permanent residence, continue searching this website or contact us to discuss the circumstances concerning your case.

Determine Your Basis to Immigrate
As stated before, there are several ways to obtain permanent resident status. However, the important question when starting your path toward permanent residence is “which specific immigrant category best fits my situation? ” For example, are you petitioning through a family member? Could you get your green through first obtaining refugee or asylum status?

File the Immigration Petition
After learning which immigrant category you best fit into, more often than not, an immigrant petition must then be filed on your behalf. Because immigrant categories have varying forms and procedures, specific categories will not be addressed here. For more information, contact us to discuss the circumstances concerning your case.

USCIS Makes a Decision on Your Petition
The USCIS will notify you of its decision after it reviews your petition. If denied, USCIS will provide you with reasons for the denial and any rights to appeal. If, on the other hand, the petition is approved, USCIS will send your approved petition to the National Visa Center (NVC).

Notice from the National Visa Center
The NVC will notify you when it receives your petition from USCIS. NVC will also contact you if you are required to pay processing fees or if it requires additional documents from you. Prior to receiving your green card, NVC will notify you when an immigrant visa number is about to become available.

Interview
Before you are issued a green card, the consular office will schedule you for an interview. Following this interview, the consular office will decide if you are eligible for an immigrant visa.

Your Visa Packet
After you are granted your immigrant visa, the consular office will provide you with a packet of information known as the “visa packet. ” The visa packet should remain closed until you arrive in the United States. Upon arrival, you should give your visa packet to the customs officer.

GREEN CARD
After you have been admitted into the United States, you will have the authority to live and work in the U. S. permanently. Following admission, you will be mailed your green card generally within 30 days.

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The Immigration and Nationality Act (INA) is the governing law that allows for you to change your status from temporary to permanent. The INA provides two primary paths for foreign nationals to obtain green cards. One path is consular processing, while the other is the adjustment of status. While the INA furnishes you with several specific ways to obtain permanent resident status in the United States, the procedures are different for a person who is eligible in the United States and a person either ineligible in the United States or outside of the United States. For those eligible in the United States, “adjustment of status” is the proper procedure. For those either ineligibly in the United States or those outside of the United States, “consular processing” is that proper procedure.

The following material will be a brief description of the steps to complete adjustment of status. For specific ways to obtain permanent residence, continue searching this website or contact us to discuss the circumstances concerning your case.

Determine Your Basis to Immigrate
As stated before, there are several ways to obtain permanent resident status. However, the important question when starting your path toward permanent residence is “which specific immigrant category best fits my situation? ” For example, are you petitioning through a family member or employer? Are you intending on first obtaining refugee or asylum status?

File the Immigration Petition
After learning which immigrant category you best fit into, more often than not, an immigrant petition must then be filed on your behalf. Because immigrant categories have varying forms and procedures, specific categories will not be addressed here. However, it is worth mentioning that depending on which category you choose to adjust under, you may qualify to file your petition at the same time you file your Application to Register Permanent Residence or Adjust Status, Form I-485; this is commonly referred to as “concurrent filing. ” For more information, continue searching this website or contact us to discuss the circumstances concerning your case.

Check Visa Availability
Assuming you do not qualify for concurrent filing, you may not file your Form I-485 until an immigrant visa is available in your category. In other words, you may properly file your Form I-485 once a visa becomes available to you.

File the Application to Register Permanent Residency or Adjust Status Form I-485
Regardless of whether you are allowed to file your Immigration Petition concurrently or not, you must apply for permanent residence on Form I-485 in a timely manner. It is important to note that some immigrant categories may require a form different from Form I-485. Moreover, it is important that the proper documentation and evidence be provided along with your pertinent form. For more information, contact us to discuss the circumstances concerning your case.

Biometrics Collection
After the aforementioned processes, you will be notified by U. S. Citizenship and Immigration Service (USCIS) to appear at an Application Support Center. While at this center, you will usually have your picture and your fingerprints taken along with providing your signature. The biometrics collection process if for the purpose of conducting required security checks and the creation of a green card, work permit, or advanced parole document.

Possible Interview
Depending on your case, you may be notified by USCIS to appear for an interview. Not all applicants require an interview. If you have been notified of an interview, it is extremely important that you attend. Interview circumstances and requirements are not uniform throughout all immigrant categories. For more information, contact us to discuss your case.

FINAL DECISION
After all the necessary procedures have been completed, USCIS will provide you with a written decision ultimately stating approval or denial.

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