October 29, 2026 Frank PichenLeave a comment

2020 – gtg workplace

Understanding Workers’ Comp Non-Subscriber Compensation and Your Legal Rights in Texas

If you’ve recently been hurt on the job it is extremely important that you seek the help of an experienced legal professional who specializes in work-related injuries, especially if there are negligent parties who do not subscribe to Texas Workers’ Compensation. Without an experienced work injury lawyer, you have virtually no hope of receiving the fair compensation you deserve.

Work injury cases can be some of the most complex in the legal world. The precise approach in handling your case depends on a large number of variables. The most important point is first learning the truth of whether or not your employer subscribes to workers’ compensation. If he or she does subscribe, the employer is protected from further litigation and all you must do is file a claim through the workers’ comp program. Because it greatly benefits them, a lot of Texas employers may tell you they have workers’ comp, even when they are actually non-subscribers.

Though some aspects of workers’ comp law do apply to a non-subscriber case, a clear understanding of it is essential in your understanding of the specific strategy that your work injury attorney with our Law Firm can craft for you. So, if you want to receive every compensation dollar you deserve from a workplace injury, regardless of whether workers’ comp covers your employer or not, you must get help from an experienced attorney.

Understanding Workers’ Comp is Necessary, Even if it Might Not Apply to Your Work Injury Lawsuit
Workers’ compensation is essentially state-sponsored group insurance. It is nothing like a privately underwritten liability insurance policy that a non-subscriber to workers’ comp would purchase. Due to intense pressure by the insurance industry and their lobbyists, the legislature created and modified original (over 50-year-old) state workers’ injury compensation program. Today, workers comp is a complicated government bureaucracy. It protects employers from lawsuits and generally disregards the legal rights of employees to be fairly compensated for serious injuries when the employer is truly negligent. Workers’ comp benefits come out of a “pool” of funds that are provided by private insurance carriers. In Texas, employers may elect not to subscribe to workers’ compensation insurance.

Employers who participate in workers’ comp fund this insurance pool through the premiums they pay through the participating insurance companies which, in turn, band together to provide “umbrella insurance coverage” to the workers of the participating employers. Today, around half of Texas’ businesses participate in the state’s workers’ comp program and are virtually bulletproof when it comes to civil actions being filed against them for workplace injuries. It is assumed (but again, not required) that non-subscribers get their liability coverage from a commercial insurance carrier. So if you are injured on-the-job and your employer is a workers’ comp non-subscriber, you have every right to seek a claim from their insurance underwriter if they have private coverage, or in court from them directly through a civil action if it turns out they have no coverage at all.

Workers’ comp insurance provides some benefit to injured employees: and if their injuries are not serious, it can be pretty good for them. If your employer subscribes to workers’ comp and you are injured on the job, you will receive some reimbursement. It doesn’t matter how the accident occurred or whose fault it was because it’s “no-fault” insurance. But many times the amount of money you receive doesn’t cover the actual expenses of a serious job-related injury. And since employees of subscribers cannot file a lawsuit those employers, but still need the payment for their injuries, we have helped many identify all liable third parties from which they can receive a more equitable settlement, in addition to their workers’ comp claim. More often than not there are third parties involved in such serious injuries that an investigation by the injury attorney will reveal.

For example, if you are hurt at a construction site and your employer’s workers’ comp covers your injury claim, you can’t file a lawsuit. But many construction site injuries are often the fault of at least one third-party and maybe more. Let’s say you are hurt in a scaffolding collapse and the equipment belongs to a subcontractor who didn’t properly assemble it. The subcontractor is liable. The company that built the scaffolding might also be liable if your injuries are due to a defect in the equipment and you can likely file a product liability claim against the scaffold’s manufacturer. So even if you cannot file a lawsuit against your workers’ comp-covered employer, you may have non-subscriber options that allow you to seek fair compensation for your job-related injuries over-and-above a workers’ comp claim. Our work accident injury attorneys will help you identify all likely defendants in your case.

And don’t forget that your employer may claim to have workers’ comp when he or she in fact does not. Employers may even try to quickly pay you benefits you would receive from workers’ compensation insurance and ask you to sign what they may represent as a “standard release” in order to further their deception. Your Texas non-subscriber work injury attorney will thoroughly investigate your employer and determine whether or not he or she has workers’ comp coverage. If your employer doesn’t and you have a very strong claim, we can help you file and win a powerful non-subscriber lawsuit.

If a third party is a workers’ comp subscriber for his employees but is involved in your injury claim, you can file a work injury lawsuit against this person or company because you are not an employee, And of course, any third party may also be named a defendant in a non-subscriber lawsuit.

The best outcome for your workplace injury produces a fair settlement for you without having to go to trial. But if a trial is necessary, we are more than willing to vigorously argue your case in order to win the fair judgment that you deserve from ALL defendants. We represent you to the best of our skill and ability. And if we’re able to secure fair compensation for you without taking your case to court, you can get back on your feet faster and resume living your life.

So if you or someone you love has been hurt on the job, our attorneys can help you collect the compensation you need and deserve, and bring those responsible for your work injuries to justice. Call us at 1(800) 862-1260 for a free consultation.

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Is the Money Paid by a Workers Compensation Claim Really That Bad?
To us, workers’ comp payouts for serious injuries can be described in one word: appalling.

Victims of a job-related accident whose employer has workers’ comp receive no-better-than 70% of their lost income. There is a $600 weekly cap. So a carpenter who earns $70,000 a year and suffers a serious job-related injury, his workers’ comp coverage pays no more than a measly $600 per week in lost wages as he recovers from your injuries until he returns to work. And even that benefit runs out in 26 weeks unless he files for permanent disability. With such little compensation, hopefully, that carpenter will recover quickly.

There is another glaring danger to employees who are awarded workers’ comp claims. The amount they receive does not take into account the true value of lost future potential income. If you were to suffer long-term disability and cannot return to work, the most you would ever get from your employer’s workers’ comp disability is that same $600 workers’ comp amount per week for the rest of your life, through you previously earned about $1400 every week. Now you may receive an additional disability one-time lump sum, but that total amount of workers’ comp disability is insignificant when compared to the total amount of your lost future income.

For some, it gets even worse. Let’s say you’re an employee at a warehouse in the evenings while you work your way through graduate school during the day to become a CPA. You suffer a serious spinal injury on the job and are physically unable to work or even continue your education. You still receive only the same 70% of your warehouse salary for the rest of your life. And since healthy CPAs often earn ten times that of a warehouse worker ($10-$12 an hour if you’re lucky) you lose a huge amount of potential income: certainly seven figures or more, from the many years you would have earned that huge accountant salary. This poses disastrous consequences for injured workers and their families. Lost future earnings are where the insurance companies that contribute to the workers’ comp coverage pool make a killing at worker-expense because they are immune to fairly compensating you for lost future earnings.

Is it any wonder why you must have an experienced Texas work injury lawyer who can effectively investigate your case and represent you? If your employer does not have workers’ comp, you must know so that you can recover a fair settlement for your injuries. And regardless of whether or not your employer has workers’ comp or not, you and your attorney must immediately begin the search for every third party who’s liable for the injuries you have suffered at work so that together we can aggressively pursue all legitimate claims against them. Our workplace injury lawyers build strong cases. And we tirelessly fight for your right to win the fairest compensation you deserve.

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Here’s How Non-Subscriber Lawsuits Work to Fairly Compensate You

In non-subscriber injuries, you have a right to file a traditional personal injury lawsuit against your employer to compensate you for a variety of damages. They may include:

The income you lost for the time your injury prevented you from working.
Your diminished earning capacity if there is a long-term disability.
All of your medical expenses, including long-term healthcare if there is a disability.
Property damage.
Your physical pain and suffering.
The mental or emotional distress that you suffer due to your injuries.
With the help of their experienced attorneys and insurance companies (if they are insured) liable employers try to frustrate an injured employee’s claims by alleging that you and only you, the employee, are responsible for your workplace injury. In your plaintiff lawsuit, you are accusing defendants of being the proximate cause of the accident. Your insurance and legal opponents are essentially turning the tables and accusing you of the very thing they have done: You did it to yourself. You and your attorney must disprove those allegations and keep the spotlight where it truly belongs, your employer.

If you suffer a lifting injury at work, your employer might claim that since you were working alone at the time and there are no witnesses, your injury is your fault. But if our attorneys can connect the responsibility for your injury back to your employer, it’s much easier to prove negligence and the odds of winning your case get much better.

One way to prove employer negligence finds your attorney proving your employer’s inability – or refusal – to give you proper safety training or the right safety equipment. Or another might reveal that your boss didn’t tell another employee to help you lift an obviously heavy object and caused your injury. There are several other ways a skilled attorney can turn the tables on your employer and prove negligence as the cause of your on-the-job injury, not you. The burden of proof is on the plaintiff (you). So is the burden to disprove everything that defendants accuse of you. Sometimes those countercharges can be patently false and ridiculous.

Proving employer liability for an injury usually calls for intricate tactics so a jury understands the more discrete standards of legal liability. Our experienced attorneys are thoroughly familiar with non-subscriber work injury law, know how to prove your injuries were caused by your employer’s negligence and lay the real blame for them at your employer’s feet. The work injury attorneys at our Texas Law Office effectively help you prove your case and win the fair compensation you need in non-subscriber injury cases against your employer and any liable third-parties who contribute to your on-the-job accident.

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Are You Really an Employee? Non-Subscriber Defendants Love to Claim You are Not

Many employers, regardless of whether they are workers’ comp subscribers or not, mistakenly believe (or purposefully claim) that their employees are “contractors:” which allows them to escape liability in work injury cases. This is because Texas work injury law states that only “traditional” employees are eligible to file work injury lawsuits, not contractors. Texas law does not provide clear guidelines for determining employee status for the purposes of civil liability. This means an experienced work injury attorney must rely on previous rulings to determine whether a worker is an employee or contractor. In Texas, the sum of the current “case law” is very clear. “In terms of civil liability, an employer-employee relationship is determined by the actual working relationship between employer and employee, not by a contract.”

Numerous conditions can establish an employer-employee relationship. The most straightforward is a variety of different documents that either state you are an employee or gives a clear public indication on the part of the employer that you indeed are. One clear-cut example is if a worker is performing services that are unique to an employer’s business. For instance, if a person works at Wal Mart, wears a Wal Mart shirt and badge, and serves Wal Mart customers, that person is a Wal Mart employee, regardless of the presence or absence of any sort of “contract” this person might have signed.

Over the past ten years, the line between who is “technically” an employee and who is not has become very confusing for non-attorneys or inexperienced lawyers and, in some cases, very murky. Sometimes you, or your employer, might think you are an employee when you are, in truth, not. Many employers make the mistake of believing that by hiring contractors, they can automatically escape liability in work injury cases. Other non-subscriber employers may know full-well that you’re an employee but purposely mislead you into thinking you are a contractor.
This general topic brings a couple of other important points that may or may not apply to your specific case. If you were hired by an employment agency to work at an “employer’s” company and suffered a workplace-related accident, your attorney must determine if the employment agency has workers’ comp. If so, then you would file a workers’ comp claim against the agency, which would then make the company where you actually performed the work a third-party defendant in your accident injury civil case. If the agency is a non-subscriber, then it’s non-subscriber claims across-the-board.

Also, if your employer loaned you out to another company where the accident occurred, the issue of workers’ comp subscription is the primary determiner of your legal strategy, and the company where you suffered your injury will likely be treated as a third-party defendant in any civil claim or suit. Again, if all defendants are non-subscribers, then workers comp will not apply in any way.

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Why Should I Fear my Opponents In a Workplace Injury Case?

In all non-subscriber and third party injury claims or cases, the defendants often have large insurance companies with gifted attorneys to fight your compensation rights at every turn. And other times your employer is either “self-insured” or uninsured. They too fight just as hard and are capable of underhanded and sometimes vile tactics to avoid paying for your workplace injuries.

Non-subscribers are represented by insurance companies most of the time. Their carriers use complicated delaying tactics and dispute you at every turn. Their attorneys are usually either in-house, or on-retainer. They are very good at defending insurance companies from people like you every day. Insurance companies are in the business of collecting high premiums and stubbornly avoid paying reasonable claims. They make you prove every little point of your case, file “nuisance motions” until – or if – they are persuaded that you and your attorney have a strong case. They won’t give up, even if they lose in court as they will then attack the amount of compensation you ask for and accuse you of filing a nuisance lawsuit. But they don’t always win, especially when you have a work injury attorney who knows every trick they pull, and how to counter it.

Aas bad as insurance companies can be in an injury claim or lawsuit, employers who are liable for workplace injuries and are self-insured, or have no insurance altogether, are the most shameful. The shocking tactics we’ve seen some of them use in defending themselves against legitimate civil actions are disgraceful and sometimes, downright illegal.

Together, we will seek a settlement through an officer of the company or maybe even directly from your employer if it is a small company. This person’s salary is tied directly to the company’s profits. Any amount paid to you for an injury comes directly out company coffers. So by compensating you, your employer literally takes money out of his own pocket. We are rarely surprised when a self-insured company officer uses any and all means for denying your claim in order to protect his company, and personal, assets. Often, their lawyers turn a blind eye to such shameful behavior and will claim ignorance of their clients’ devious actions. If you take on one of these defendants by yourself, you’re just asking to get creamed.

Self-insured companies can sometimes deliberately dispose of damning evidence, bribe witnesses, and even intimidate you. They sometimes resort to physical threats to you and your family. Over the years we’ve seen hundreds of tricks self-insured defendants use against our clients. And it’s the reason why, when we represent a client against a self-insured company, the first thing we often do is to file motions that prevent anyone with the company from behaving inappropriately against our clients. Sometimes a motion includes demands that they make no attempt whatsoever to communicate with our client unless one of our attorneys is present.

We will not be intimidated. And we will not allow our clients to be intimidated either as they pursue justice for the serious work injuries they suffer. It’s their right to be fairly compensated. It is our mission to protect them, and make it happen.

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Starting at the Beginning: Determining the Employer’s Workers’ Compensation Status

We can thank our lawmakers (and the insurance lobby who pays for their lunches and nice vacations) for today’s difficulty in understanding workers’ compensation laws. No employer is required by the state of Texas to purchase workers’ comp insurance. Roughly one in two employers subscribe to the program. So, workers’ comp injury cases are divided into two separate types that require altogether different methods and strategies to resolve. Employers who carry worker’s comp are known as “subscribers.” Those who don’t are “non-subscribers.” In order to know how to proceed with your serious injury reimbursement, the first order of business is to determine whether or not your employer is one or the other.

Workers’ comp benefits are paid out of a “pool” of funds. This pool is stocked by private insurance carriers that participate in the program. It pays injury claims while it protects subscriber-employers from lawsuits and generally disregards the legal rights of employees. Whether the employer is negligent does not figure into the equation. Workers’ comp reimbursement amounts are limited or “capped.” So when an employee is seriously hurt, the monetary benefits they can receive often fall way short of what is actually needed to return to physical and fiscal health. Now workers’ comp does provide some compensation to employees who are injured on the job site. But it’s basically “no-fault” insurance because those covered by workers’ comp are reimbursed, no matter how the accident occurred or whose fault it was. And subscribing employers cannot be directly sued for the more appropriate amount of fair damage compensation.

On the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must first file a claim with the employer’s private liability insurance company or a lawsuit in civil court if the employer is not covered or has no insurance at all. Fortunately, for the injured party, the prerequisites that have been established to encourage companies to subscribe to “no-fault” workers’ comp insurance are not as stringent as they once were. And these same lower standards of proving subscriber negligence, also apply against a non-subscriber in a civil case. So it’s not as difficult to assess true liability against a non-subscribing employer for on-the-job accidents due to these relaxed standards.

Since workers’ comp is cheaper than traditional employer liability insurance, one would assume all companies would be wise and purchase workers’ comp instead. There’s no accounting for those who live dangerously (and pay higher rates) by not subscribing to workers’ comp because it is comparatively cheaper than private liability coverage. So many employers still choose to roll the dice and take the risk of being a non-subscriber. Then, when the odds catch up with them, they try to avoid a lawsuit and lie to you by claiming that they have workers’ comp when a worker is injured. These employers may try to quickly pay you benefits you would normally receive from workers’ comp, then ask you to sign what they may represent as a “standard workers’ comp release” in order to further their deception and get off the hook for the actual damages you are owed. But we don’t fall for this oft-used employer trick and neither should you

This is one of many examples of how you benefit from an experienced Texas workers compensation lawyer to get to the bottom of your company’s workers’ comp status, so you know what legal avenues are available to you. Once we have identified the nature of your employer’s workers’ comp standing, we then move forward together to secure your injury compensation.

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You Deserve Compensation If You Have Been Injured on-the-job: But Getting it is Another Matter

Have you recently been hurt on the job? If you have, it is critical that you seek the help of a Texas truck work injury attorney who specializes in these types of civil actions if you expect to receive the fair compensation you deserve. Most on-the-job injury cases are quite complicated. They can be some of the most difficult to win because there can be many diverse factors that impact a work injury case. In Texas, the greatest issue in determining if you can be successful in recovering fair damages for your injury is whether or not your employer subscribes to Texas workers’ compensation insurance. You must start here.

If your employer subscribes to “workers’ comp” then the employer is likely shielded from a workplace injury civil lawsuit. Workers comp cases are called subscriber cases. By law, they are not subject to civil lawsuits in state court, although there is an exception. If your employer does not subscribe to workers’ comp, one option is to file in a non-subscriber case through the state’s Division of Workers Compensation. Just as often, filing a civil case against the defendant is appropriate. You must know where (and how) to file before anything can be done.

Employers pay a portion of their income to the state for this “umbrella insurance coverage” and though it is not inexpensive for them, they find that the amount of money they pay to this state-run “insurance pool” is often less than what they would pay to a traditional commercial liability insurance company. Today, not quite half of Texas’ businesses participate in the state’s workers’ compensation program.

The rest of Texas businesses are considered non-subscribers to the program. Many – but not all of them – carry some form of workplace liability insurance. So if you are injured on-the-job, and the injuries are significant enough to justify bringing a suit, you are certainly within your rights to seek legal compensation in court for your injuries, pain and suffering, lost wages, disability, and other damages through a civil lawsuit.

Some employers neither subscribe to the state workers’ compensation insurance program nor do they carry liability insurance for their business. When that happens you may be able to file a lawsuit against your employer, and possibly even other third parties who might also have been found to be liable for your injuries. Even if your employer subscribes to workers comp, but your on-the-job injury is caused by a third party, you can bring suit against them, even if you can’t sue your workers’ comp subscribing employer.

Complicated, isn’t it? Of course, it is.

This is why you need the help of an experienced attorney to determine whether your injury falls under the state workers’ compensation subscription rules or not. The attorneys at our Law Office can effectively help you protect your rights as a worker and help win a fair settlement for your on-the-job injuries. But first, you need to know who is financially obligated to pay the damages owed to you.

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How Workers’ Comp Works: Sometimes it Doesn’t Work Very Well for Those Who Are Seriously Injured

Think of workers’ compensation as a form of state-managed insurance. It is nothing like a normal business liability insurance policy.

Thanks to recent tort reform on the part of business and insurance lobbyists, workers’ compensation are now designed to protect employers from lawsuits filed by their employees by basically eliminating their right to seek high compensatory damages directly from their employer and their insurance companies.

Workers’ compensation benefits are paid from a state-managed fund; even if the insurance policies themselves are provided by private insurance companies. Not all Texas employers subscribe to workers’ compensation insurance.

This insurance “pool” can benefit injured employees, but only to a point. If you are injured on the job and your employer subscribes to workers’ compensation, then you will likely be compensated; regardless of how the accident occurred or whose fault it was. The downside for you, the employee, is that the amount of money a seriously injured worker receives through workers’ compensation is VERY limited and doesn’t always cover your medical bills, nor all of you lost wages due to the injury. So if your injury is a major one and you’re not able to work for several months, workers’ compensation can produce hardship for your family. Workers’ comp essentially works best and most efficiently for minor injuries where the injuries aren’t severe and the employee is able to return to work relatively quickly.

There might be some good news. For seldom are on-the-job injuries cut-and-dried, even if many, primarily in the insurance industry, might want you to think they are. There are often other sources of compensation revenue that do fall under the workers’ comp injury liability umbrella that may have played a part in your injury, and are legally available to compensate you for your damages. But they’re not easy to find: nor is holding the defendants accountable a simple matter.

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Third-Party Responsibility for On-The-Job Injuries Justifies Additional Civil Action

You cannot directly file a civil suit against your employer who subscribes to workers’ compensation, and much of the time workers’ compensation cannot fully pay for your medical expenses and lost wages. This is where an experienced work accident attorney can help you find third-parties who may carry some responsibility.

We investigate every work accident site, review paperwork, interview witnesses, and collect forensic evidence that points to every liable contributor to your accident. After careful review of all of the data, most of the time we find another liable defendant or two who are treated as third party defendants to your accident. They can be sued in open court.

For example, let’s say you work in a warehouse. A truck that is owned by a transportation company hits you. You aren’t entitled to receive damages from your employer past those offered by worker’s compensation if he or she is a subscriber. You can bring a lawsuit against the transportation company for your injuries. Here’s another example: let’s say instead, that you are injured by a piece of machinery or other equipment that your employer owns. Again, you can’t sue your employer. But if the equipment that caused your injury is proven to be defective, the manufacturer is liable for damages through a product liability lawsuit.

Sometimes multiple third-parties can combine to cause your injury. And regardless of whether your employer subscribes to workers’ compensation or not, these guilty third parties have a responsibility to compensate you for your at-work accident.

Construction site injuries often involve multiple third-party contributors to a work accident. The general contractor might participate in workers’ compensation. So he’s covered. With so many other contractors and subcontractors scurrying around the job site, many accidents are bound to happen. Not all are covered through workers’ compensation. If a scaffold collapses and you are injured, the company that built the scaffolding could be liable. If defective construction equipment causes you injury, you can likely file a product liability claim against the product’s manufacturer.

The bottom line is that you may have options in addition to workers’ comp to seek payment for damages from your workplace injury. Our injury lawyers assist you in identifying all likely defendants in your case.

One other thing: we’ve seen many examples where employers “pretend” to have workers’ compensation, but actually don’t. This employer might even further the charade and “pay” you workers’ compensation benefits after your injury. The first thing we do is investigate your employer’s claim of being a subscriber to the workers’ comp program. If this claim turns out to be false, and again, if your injuries are significant enough to justify legal action, we will help you file a very strong non-subscriber lawsuit in civil court, and then vigorously represent you.

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What Are the Deficiencies of Workers’ Compensation and What Are My Options?

If you suffer a job-related injury and your employer has workers’ compensation insurance, you typically receive up to 70% of your lost income. But there is a cap on this amount of $600 a week. So if you are a carpenter and earn $70,000 per year, are injured on the job and your employer has workers’ compensation insurance, you will receive only $600 per week for lost wages while you recover.

If you suffer long-term disability and can never return to work, you will STILL ONLY RECEIVE $600 per week for the rest of your life, even though you previously earned about $1400 every week. Now you might receive an additional lump sum payment at the end of your recovery, but most of the time these payments are very small when you compare them to your total lost income, or any lost future wages if the disability is permanent.

There is another disadvantage to employees who are awarded workers’ compensation claims. The amount you receive does not account for lost future potential income. Let’s say you work at a grocery store while attending graduate school at night to earn a graduate degree in business. You are seriously injured on the job, unable to work, and are also physically unable to continue your education. You will still receive ONLY 70% of your GROCERY STORE salary FOR THE REST OF YOUR LIFE (which is probably minimum wage or close to it) rather than the much higher salary you would have earned once you received your MBA.

This is why it is vital for you to have an experienced workplace injury attorney to investigate your case. If your employer does not have workers’ comp, you must know so that you can seek a more reasonable settlement. If your employer does have workers’ comp, you and your attorney need to immediately begin the search for third parties that are liable for the injuries suffered in your work accident, and aggressively pursue any legitimate claims you have against them. Our workplace injury legal professionals build very strong cases and fight for your right to receive the fairest compensation you are owed.

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Third-Party and Non-Subscriber Workplace Injury Defendants Work Hard to Wiggle Out

If your employer does not subscribe to the state’s workers’ compensation insurance program, you have a right to file a traditional personal injury lawsuit against that employer to compensate you for a variety of damages. They may include:

The income you have lost for the time you spent in the hospital.
Your diminished earning capacity if the injury produces long-term disability.
All of your medical-related expenses.
Property damage.
Your physical pain, suffering, and discomfort.
If you can prove that you are suffering mental or emotional distress due to the injury, you may also receive damages to cover these expenses.
One popular defense that is used by your employer (and his attorney) if he or she does not have workers’ compensation insurance and you file suit against that employer in civil court is a very simple one. Your employer will say that you were solely responsible for your injuries: the sole proximate cause. Since the burden of proof is on you, the plaintiff in your civil injury case, it is also on you to DIS-prove all countercharges.

Employers, with the help of their experienced attorneys and insurance companies (if they are insured) usually build a case against an injured employee’s claims by alleging that you alone are at fault for your workplace injury. You and your attorney must turn these allegations and the court’s attention around to where it belongs; your employer. Employers, with the help of their experienced attorneys and insurance companies (if they are insured) usually build a case against an injured employee’s claims by alleging that you alone are at fault for your workplace injury. You and your attorney must turn these allegations and the court’s attention around to where it belongs; your employer.

Let’s say you suffer a lifting injury while you are at work. Your employer will probably say that, since you were working alone at the time and there are no witnesses, your injury must be your own fault. If our attorneys can link your actions and your injury back to your employer, it’s much easier to prove negligence by your employer and you the odds of winning your case rise significantly.

A couple of ways of proving employer negligence include focusing on their inability or refusal to provide proper safety training or equipment, or they didn’t find another employee to help you lift the heavy or cumbersome object. These are only two – of several – ways to possible employer negligence as a direct cause of your on-the-job injury.

In order to punish non-subscribing employers, Texas workers comp laws enable workplace accident victims to secure much greater damages than if the employer had purchased workers comp insurance. The workplace accident victim must merely prove standard negligence to win their case, which means the employer only committed a sole error or momentary inability to maintain safety. In a way, once you get them into court, you’ve won more than half the battle because you have a lower standard to prove in order to win your case. As you can guess, the laws governing these principles are extremely intricate. So in order to succeed you will need a crafty accident lawyer to assist you through every intricacy of this challenging legal process.

There are times when connecting your injury to your employer this way can involve other difficult to understand forms of legal liability. Our attorneys, who are thoroughly familiar with work injury law, know how to prove to a jury that your injuries were caused by your employer’s negligence and are not your fault but that of the defendants: non-subscribers or third-party defendants.

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A Popular Defense Tactic: Claiming You are Not Really an Employee

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

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

While many employers try to claim their employees are contractors or temp workers who are employees of a third-party, the employer knows an actual employer-employee relationship exists in many of these cases, and an injured worker can still obtain compensation. So don’t be misled by this ploy. Even though your employer claims you are a contractor, in the eyes of the law you are likely still considered an employee, and are entitled to recover full and fair compensation for injuries that you have suffered on the job.

A skillful and well-seasoned Texas workplace injury accident attorney knows how to prove the employer-employee relationship by meeting at least one the following standards, and often more of them.

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

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Your Opponents Fight Very Hard to Deny Your Accident-Related Legal Damages

In most non-subscriber and third party workplace injury claims or civil cases, defendants can have large insurance companies and lots of attorneys to oppose you. Or your employer will be “self-insured” or uninsured. Regardless, all fight very hard, to avoid paying for your injuries.

Most non-subscribers are represented by insurance companies that have attorneys who are either on-staff or on permanent retainer. They are very good at defending insurance companies from people who try to sue them. They’re especially successful against opponents who have no attorney to represent them, or those who hire an attorney who is overmatched against them. Insurance companies are in the business of collecting high premiums, and then avoid paying legitimate claims. They are confrontational and intimidating from the very beginning. They can be dangerous and frustrating. They don’t scare an experienced injury attorney like those with our Law Firm who know every trick they pull, and how to neutralize each one.

Self-insured employers or those who have no insurance whatsoever, who are liable for workplace injuries are a different animal and very hazardous to your case. They resort to anything that will work for them once an injured worker takes legal action to recover damages. Some of their tricks are shameful while others can be viewed as downright illegal.

You will be seeking a settlement from an officer of this self-insured company or maybe even directly from your employer if it is a small company. In either event, the salary of whomever you deal with is certainly tied directly to company profits. So, any damage amount paid to you for an injury comes directly out of company income, not a policy or security bond. So when he or she compensates you, your employer literally takes money out of his own pocket. We stopped being surprised long ago when we see a sneaky, self-insured company officer use any and all means to deny your claim in order to protect his company’s (and his personal) assets.

Self-insured companies have been known to deliberately dispose of evidence as well as a bribe or intimidate witnesses; maybe even you. They sometimes resort to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court that prevents anyone with the company from behaving inappropriately against our clients. Sometimes these motions include a clear demand that they make no attempt to communicate with our clients in any way without one of our attorneys present.

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Win the Compensation Your Deserve from Your Job-Related Accident by Hiring an Experienced, Local Workplace Injury Attorney with our Law Firm

Our lawyers can help you effectively seek fair compensation for being hurt on the job, through no fault of your own. If your employer has workers’ compensation insurance (or not), we will help you identify, then seek the proper compensation from liable third parties; even if their liability can only be proven based on obscure legal case law. If your employer does not have workers’ compensation insurance, we can help you build the strongest non-subscriber lawsuit possible and counter the arguments that are used time and again by these employers and their shifty defense lawyers who help them avoid liability. We will immediately and thoroughly investigate your employer to clearly establish whether or not he or she has workers’ compensation insurance, and plan an effective strategy once that is learned.

But for your sake, please consider this bit of “free” advice.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation from your employer, or sign anything, or attempt to file a lawsuit on your own, you MUST contact a competent lawyer. If you don’t do this, then you will be at the mercy of those who wish to deny you your rights to fair injury compensation.

If you contact us for a free consultation, we will be able to quickly tell you what your legal options are and how we can help you recover the appropriate compensation for your work-related injury.

The injury attorneys at our Texas Law Office have regularly secured fair and just compensation amounts for injured workers who were refused assistance by other firms. Not long ago we successfully handled a case for a worker who was injured on the job but had initially signed-on to his job as an independent contractor. Eight different law firms told him he had no case because the company that hired him used contract workers. And yet, our firm still was able to successfully establish an employer-employee relationship. Because of that small fact, we won a seven-figure settlement for this injured – and very grateful – worker.

The legal professionals at our Texas Law Office have been helping injured workers receive the compensation they deserve for over 30 years. We have successfully investigated and resolved hundreds of high-profile work injury cases in our clients’ favor. We have faced-down virtually every major insurance carrier and work injury defense firm in the state. These corporations know how successful our attorneys are. Based on this, they often offer our clients sizable – yet fair – settlements once we take on the case. This is because past experience tells them they don’t want to face our lawyers in court.

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May 19, 2020February 2, 2022 Frank PichenLeave a comment

law 5/19-2020 – Vehicle Accident / ATV & Off Road Vehicles / Train / Negligence / Workers Comp / Civil Lawsuit / Offshore Drilling – gtg

Insurance Companies Use any Excuse to not Pay Your Injury-Related Damages

There is a “cultural popularity” of blaming those who operate “non-traditional” vehicles for any and all accidents they are involved in. That bias makes many feel that people who operate bicycles should automatically accept this high risk “it comes with the territory” behavior as part of their lifestyle. And that preconception is warmly embraced by insurance companies as another in a long line of excuses they seem to come up with in order either not to pay accident claims, or to drag their feet and pay as little as possible. This is the real business that insurance companies are in.

Many times, the injuries to bicycle and other similarly injured victims are often very expensive, cause some form of disability, a lot of pain and suffering, and usually prevent these people from working for months or years as they recover. That means money, a lot of money, must be paid to the injured victim: nine-times-out-of-ten, by some insurance company, or the defendant if insurance isn’t there or the policy comes-up short. So the insurance companies fight tooth and nail to avoid paying a claim or civil suit.

They use adjusters to make you think they’re on your side, only to trick you into saying something that can be used against you later. They use delaying tactics to pay what are clearly justifiable claims. They offer woefully inadequate compensation settlement packages that don’t come close to paying your medical bills, pain and suffering, and lost wages because you can’t return to work immediately or disability if you can’t return to work at all. The insurance companies have very good attorneys to hide behind in their efforts to not pay your claim.

Just because they think they can treat you this way if you’ve been involved in a non-traditional vehicle accident like a bike, doesn’t mean the insurance companies are right in doing it. But the only real way to defeat them is with an experienced personal injury attorney who understands the subtle nuances of liability when it comes to these many types of mishaps.

Additionally, defense attorneys hired to protect an insurance company or a liable party’s assets are well-trained and experienced at defending their client’s interests, especially if it could result in a sizable payday for themselves. Our goal is to aggressively and tirelessly seek the fairest compensation on your behalf because we understand it can help you in the recovery process. Furthermore, proper compensation is often necessary in the event of a fatal bike or pedestrian accident that claims the life of a primary wage-earner for a family.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We provide a free, comprehensive and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued.

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Our Law Firm Will Fight for Your Injury Rights from Any Vehicle Accident

If you expect to be compensated for injuries you sustained in an accident while biking or simply walking around, your case is significantly strengthened when you retain an experienced accident attorney who knows how to investigate such accident scenes to uncover – then present – evidence that proves your injuries resulted from someone else’s negligence.

Our Law Firm has a great deal of experience investigating all sorts of vehicle accidents. Insurance carriers, along with their attorneys, know that when we’re on the case that we won’t go away as we pursue justice for our injured clients. Steadfastly negotiating fair settlements with insurance companies and, if necessary, taking them to court in order to win damage compensation often inspires your opponents to see discretion as the better part of valor: which usually produces a fair settlement that will relieve you of this sudden financial pressure. We have won just compensation for hundreds of clients against every major insurance company in the state. They know us and our reputation. Once they see the handwriting on the wall, insurance companies are often inspired to offer a fair settlement rather than risk an even higher civil judgment from a jury, in addition to the cost of a trial. We use our intimate understanding of the laws in question, coupled with state-of-the-art investigative techniques to devise the perfect strategy to serve the specific needs of your case. This can deliver fair restitution for your injuries.

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When Railroad & Railway Safety Measures are not Met or Adhered to, People can be Hurt or Killed – Our Lead Attorney Explains

Unfortunately, there are times when people are involved in an accident with (or on) a train. If you have been seriously injured (or a family member has been killed) in a train accident due to someone’s negligence – as often happens – then you as the victim or surviving family members may be entitled to seek compensation from the negligent people or other parties who are responsible for the accident.

There are many ways an innocent victim can be injured by a train. The first example that comes to mind is vehicle/train mishaps, which produce serious injuries and a high number of wrongful deaths. People are hurt and killed when they are passengers on trains, either the national AMTRACK rail system or metro rail systems that are becoming more popular in large Texas metropolitan areas and already move hundreds of thousands of passengers every year. Then there are serious injuries that occur to railroad workers as well, which can at times be a very hazardous occupation.

No matter how, or in what context, the injury occurred, it is safe to assume that something went wrong because of the inattentiveness of someone, or the callous disregard for the public’s safety. In either event, you, the injured victim are entitled to recover legal damages for injuries, pain and suffering, lost wages while you recover, lost future wages if the injury produces disability, property damage, and even higher damages if the accident killed your loved one.

Our Law Firm has over 30 years of experience handling personal injury litigation in railroad accident cases. If you or a loved one has been injured by one of these huge, lumbering trains, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been seriously injured in a train accident in Bexar County or anywhere else you might have been visiting in Texas, our experienced accident lawyers can help win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Being Around – or on – a Train Can Be Hazardous to Your Well Being

Trains have been part of the American landscape for almost 175 years. They are largely responsible for making the U.S. what it is today by opening up this vast nation to settlement and civilization. For many years trains were the backbone of this state’s transportation system and its supply chain. Today, trains are still a foundation of our economy. They transport goods over long distances and after declining passenger numbers since World War II, trains as people movers are experiencing a renaissance with the advent of metropolitan transit authorities in large cities. However, all those trains (and railroad crossings) produce a lot of accidents. And since trains are so large, the accidents in which they are involved often cause very serious injuries. Thousands of people are injured by trains in the United States every year.

The Federal Railroad Administration Office of Safety Analysis keeps track of railroad-related accidents in the U.S. Their research reveals the following information.

In one year, from January through September, there were 7,269 train accidents of vehicle-train and train-train (or one train alone) which produced over 2,000 injuries and 492 fatalities. Of that number, there were 1,275 incidents involving motor vehicles and trains, producing 639 injuries and 298 deaths. Another significant category of the total number of accidents fell in the “other” category, which involved people and trains, many of these affecting train employees or others around the trains that might be, for example, sitting on a siding or traveling at slow speeds in a switching yard. There were 4,688 of these “other incidents” that produced 4,485 injuries and 308 deaths. And the number of railroad workers who were involved in these events currently stands at 2,653.

These numbers tell us two things. It is generally safe to be around trains. But when an accident does happen, the consequences to the victims can be catastrophic. Your road to compensation can find you opposed by many powerful forces that use a variety of state and national laws to deny you that fair financial remedy. You have no chance of success by handling this matter on your own or with under-experienced legal counsel. An experienced train injury attorney increases your odds of success against the railroads or transit authorities who are certain to oppose your claim or civil case.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Autos and Trains

Most train accidents occur happen when a motor vehicle finds its way on the tracks at the wrong time. Accidents between trains and passenger vehicles happen more often than most people believe. But most of these collisions don’t happen as depicted in the media with the train hitting the car as it tries to speed across the tracks.

More likely, collisions between cars and trains occur late at night at unlit or under-marked railroad crossings when a car drives onto the tracks and in the path of a speeding train as it rumbles down the tracks. Often, the culprit is a result of faulty warning systems or a lack of warning machinery altogether. If you think about it, for every “speeding motorist” train-related wreck story you hear, you probably are told about improper or unsafe railroad crossing auto/train accidents five or ten times more. A railroad’s failure to adequately warn motorists of the risk posed by train crossings, or doing everything they can to prevent them: like placing crossing gates, or devices that flash and make noise, can be found to be liable for injuries or the wrongful deaths of the victims in a train accident. Many times, the facts of such cases prove the plaintiff/the driver who drove into the side of the train may not even be liable.

Though the nature of the injured victim’s claim may depend on what he or she was doing at the time of the collision, injured victims in a collision with a train may have a negligence claim against the railroad.

We all owe each other a legal duty to do all that is reasonable to avoid harming others. Levels of duty can range from generally average to extremely high. The legal duty of the owner of any train to protect the public from these 25+ ton wheeled behemoths is quite high. This means the standards of care they must follow to protect the public are equally lofty. Conversely, because that duty is so high, when railroad companies, or their employees, display negligence in fulfilling their legal duty, the level of proving that negligence is not nearly as difficult, once the true facts of the case are known.

Though trains usually have the right of way, this doesn’t give them leave to go through crossings at unreasonable speeds: even if the engineer has a precise schedule to keep. Rather, the operator of the train must use reasonable care; in this case, slowing down in populated areas and keeping a sharp eye for vehicles or pedestrians. After all, it takes well over a mile for a fully-loaded train to stop even at speeds as low as 30 miles an hour. And in many cases, reasonable care may also require a railroad to construct more visible (and audible) warning and signal devices in order to further alert people when a train is coming.

So when an accident happens, just like when one happens with a large semi, the “driver” is only the first logical defendant, but there might be others behind the scenes who, through their efforts, might have contributed to an accident that happens miles from where they are. Employees at a communications or monitoring center might have played a hand, or those who might have constructed or maintained warning signals at crossings might share some of the blame. In such a case, the legal notion of respondent superior might be in-play: which means the employer is liable for the tragic mistakes of their employees as they go about their jobs.

Much of what we have shared above can apply to other train-related mishaps that hurt or kill unwilling people who did nothing to contribute to these tragedies. So it is important to contact an experienced train accident injury lawyer as soon as humanly possible.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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If you are an injured passenger while riding any DART (Dallas County)/The “T” (Tarrant County)/DCTA (Denton County) or METRO (Harris County) train because of a collision with another vehicle, your claims process can become very complicated, very quickly. The primary reason for this can come from the sheer volume of claims because there might be many others injured. But if you’re the driver of the vehicle, then determining who is liable if you did not cause the wreck may be subject to your attorney’s stringent investigation

All these cases are tricky for a similar reason: you are going against a quasi-government entity, that county’s transit authority. It was established as a municipal enterprise; in essence, a government-backed profit generator, even if it is developed to serve the good of the community. Getting money from them on their turf, using laws written by their legislators is going to require the help of an experienced personal injury attorney who has argued many cases in all of their communities.

But the challenges don’t end there. All of these municipal, profit-making mass transit entities are covered by a commercial insurance policy because the government is not going to back their losses such as injuries and deaths caused by these entities when they are deemed negligent. This liability underwriter is protected from injured and wrongful death claimants by some of the most aggressive insurance adjusters and defense attorneys in the business. These people are experts in denying claims just like yours. Their singular purpose is to build a case against you so that their defendants (or the county governments) don’t have to pay you a dime.

Protection from your opponents is another reason why you need an experienced injury attorney to guard your interests, shield you from experienced adjusters who covertly undercut your claim (as they claim to represent your interests) identify all possible sources of compensation in your case and to make sure that your claim has priority when it comes to the transit authority’s insurance policy. By doing all of that, and more, the chances of a negotiated settlement increase many times over. And that means you don’t have to go into their courtroom.

If the accident involves an employee of the railroad, the claim is subject to a federal law called the Federal Employers’ Liability Act (FELA). Unlike most workers’ compensation laws, which protect workers who have been hurt at work regardless of fault, FELA requires that the injured worker show that the railroad was negligent. Railroads do have a general obligation to provide workers with a safe place to work, and if the worker is injured because the railroad did not provide him or her with the appropriate tools or equipment, the railroad may be guilty of negligence.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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As we’ve noted, many victims of railroad accidents are regular people who are not employees of the railroad. This is where railroad crossings incidents and the laws that govern them come into play. The Federal Railroad Safety Act (FRSA) enacted in 1970 controls safety regulations for the railroad industry. It sets minimum safety standards in an attempt to reduce the number of railroad-related accidents and death. An unfortunate by-product of the stature was that claimants were being deprived of their day in court because it also included quite a few loopholes then – and even more now through subsequent railroad-instigated legislation through their lobbyists. These loopholes are known and understood only by the railroads and the (few?) experienced accident attorneys who are familiar with them.

Through this subsequent legislative modification, by 2007 FRSA now gives the railroads virtual immunity from many lawsuits even if it is not in compliance with these minimum federal safety crossing standards. Derailment, crossing accident, or a train striking a pedestrian claimed that could not be brought because the federal law of Federal Railroad Safety Act providing immunity to the railroad preempted the state negligence law. Recently enacted wording in the law lessens these restrictions, and the liability of a purposefully negligent railroad company in pursuit of its profits by allowing crossing maintenance to slide.

One amendment that essentially placed a few more teeth into FRSA is that now state injury laws are not preempted by federal law by rote (or legal assumption). So today, injured plaintiffs in Texas can bring a cause of action under a number of allegations in a Texas civil court if he or she can prove that the railroad did not meet minimum federal safety standards or failed to meet its own internal standards or any standards separately enacted by the Texas legislature.

The damages available to the family of a person who suffered a wrongful death in a railroad accident are controlled by the Texas Wrongful Death Statute and the Texas Survival Statute rather than any federal standards. The claimants that can recover pursuant to these two statutes are the deceased’s parents, spouse, and children. And there are no damage caps to the amount of compensation plaintiffs may be awarded.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Let the Railroad Injury Lawyers with our Law Firm Help You Fight for your Injury Rights in a Texas Court

Railroad injury lawsuits in Texas often involve navigating a minefield of state and federal laws and require clearly proving the railroad, whatever railroad or where it is located in Texas, should be liable under the specific circumstances of your case.

In addition to legal expertise, industry experts are critical to successfully negotiate with or litigate against a railroad company such as Union Pacific or the few other powerful and influential railroads that operate in our state. An expert clarifies the facts of our investigations and often participates side-by-side with us in determining what the railroad failed to do from a safety perspective. The expert can review photos including video, measurements, witness statements, police reports, and other evidence in order to come up with credible conclusions. The train accident injury law attorneys at our Law Office will see to it that your medical bills, broken bones, other serious injuries that you must pay for are covered as well as any other expenses resulting from your railroad accident or the death of a loved one due to railroad company negligence.

Our Law Firm has over 30 years of experience handling personal injury litigation in railroad accident cases. If you or a loved one has been hit by one of these huge, lumbering trains, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of accident victims in Texas. So if you or a loved one has been seriously injured in a train accident in Bexar County or anywhere else you might have been visiting in Texas, our experienced accident lawyers can help win the best compensation possible for you.

Call us today at 1(800) 862-1260 (toll-free) for a free consultation and begin your road to real recovery and resume your life.

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Our Lead Attorney Discusses All-Terrain and Other Off-Road Vehicle Accidents

If you have been involved in a Texas ATV (All-Terrain Vehicle) accident or some other form of off-road vehicle injury, you likely have many unanswered questions. Our Texas ATV and off-road accident attorneys will fight to get you fair compensation for your injuries.

Most of our life experience surrounding vehicular accidents comes from driving a car or truck. So we’re all familiar with the insurance claims process and how it can be either very simple or dangerously complicated. On the other hand, few people appreciate the value, or the ramifications, an off-road vehicle such as an ATV or motocross bike. Since this portion of personal injury law can be somewhat obscure due to the relatively low occurrences, most personal injury lawyers rarely venture beyond passenger car accidents. This is often due to the low number of instances, or the sometimes tricky process of seeing them through to their logical, successful conclusion for the injured plaintiffs; especially if the injury lawyer is working on retainer. All lawyers want cases that are winners. But not every case looks like one on first-glance. They might not have the necessary experience should you require the services of an experienced injury attorney based in Bexar County who has more experience in these other vehicle accidents than most injury lawyers in Texas.

Our depth of knowledge includes all types of accidents vehicular accidents. We know and successfully argue these “off the beaten path” vehicle accident laws to prove your case and help you win restitution for your injuries. They will hopefully come from an insurance settlement. But if it comes to a trial, we’ll fearlessly litigate your case as well.

We must warn you, off-road vehicles like these come with a certain amount of public prejudice that the insurance industry universally bases virtually all of its denials when claims are filed as a result of serious off-road injuries. One prominent reason is the plethora of preconceived notions about those who use (or recreate) on off-road vehicles. There is generally an assumption of higher risk that goes along with such vehicles that can make it more difficult to win damage claims or civil cases. This inflexible thinking can cloud off-road vehicle accident cases and make settling them with an insurance company, or litigating them in civil court much more complex than more traditional vehicle accidents.

It’s not easy. We’ll grant you that. But until you visit with one of Our ATV and off-road accident attorneys, you’ll never know.

If you or someone you love has been injured in an accident involving any type of vehicle, then call us today at 1(800) 862-1260 (toll-free). We offer a free, comprehensive, and fully confidential legal consultation. We encourage you to ask every question you need in order to completely understand your injury case and how it is best pursued. If you are interested in finding out more about accidents involving all-terrain vehicles, bicycles, pedestrians, motorcycles, or trains, call our office to schedule an appointment.

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ATV Accidents Often it’s Not About Driver Liability, but the Vehicle Itself, or Where it is Operating

At first glance, an all-terrain vehicle (ATV) or universal terrain vehicle UTV may seem harmless enough. Some of them on flat ground are capable of reaching passenger-car-like speeds. Yet they offer little to no protection in the event of a crash. There are a number of ATVs on the market today that have built-in negative attributes which make them extremely likely to cause an accident. A recent study by the Consumer Product Safety Commission (CPSC) has revealed that there is an average of 700 deaths and 135,000 accidents that occur annually to the drivers and passengers of ATVs. And not all of them are the rider or driver’s fault: much as insurance companies might want us to believe.

Many Texans use all-terrain vehicles (ATVs) for a variety of purposes. They enjoy them for weekend recreation or quickly reaching into the back state for hunting, camping, and fishing. ATVs can also function as light work vehicles in areas where roads are scarce, or nonexistent. With the dangers inherent in riding an ATV, most people, just like with motorcycles, assume the drivers themselves are responsible for any accidents in which they get involved and don’t deserve to be compensated for the injuries they suffered. A lot of the time, they use the same reasoning, that the rider is careless and exhibits risky behavior, just like all those devil-may-care motorcyclists in thinking that ATV riders are responsible for their accidents. The same convenient bias holds true for insurance adjusters to automatically deny an injury claim.

Time after time, an experienced attorney exposes this inaccurate assumption in an ATV accident injury case. In many instances, ATV accidents find their sources in faulty mechanics and poor design that lead to roll-over accidents through a defective product lawsuit against the manufacturer. Other times, property owners are held responsible for creating the conditions, often without even knowing, that led to the accident. ATVs can often be unsafe vehicles even when the rider was driving safely. And sometimes other riders who are near the ATV operate their vehicles unsafely or recklessly and cause accidents that produce injuries or even deaths. You need an experienced injury lawyer to prove that you were operating your off-road vehicle safely, that someone’s negligence caused your injuries, and that you deserve just-damage compensation for their irresponsible behavior.

ATV & UTV accidents can be catastrophic as the vehicles do not possess many (or any in some cases) active or passive safety features. In many cases, the lack of basic safety features, such as seat belts, result in the occupants being ejected from the vehicle. Additionally, the vehicle often lands on the victim crushing their extremities or causing other horribly catastrophic injuries.

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The Yamaha Rhino: Just one of Several ATVs that Have Been Found to Have Defects

The Yamaha Rhino is a very popular all-terrain vehicle largely because of its narrow track (the lateral distance between its tires as seen from the front or rear) and it’s short wheelbase (the longitudinal distance from the center point of the front wheel to the center point of the rear wheel). This design makes it very easy to transport in the back of a small pickup truck. The vehicle was deliberately designed with that very thing in mind. However, the vehicle’s smaller dimensions create a built-in handicap by not providing a wide enough base to compensate for the vehicle’s relatively high center of gravity. The end result is a vehicle that is much more apt to roll over.

Rollovers comprise the largest percentage of three and four-wheeled ATVs. The Rhino comes with a dangerous penchant for doing that when the experienced rider doesn’t necessarily expect it to behave that way.

This vehicle is designed and marketed for the purpose of traveling over uneven terrain, various slopes, and gradients, under various conditions of reduced traction. Combine these types of environments with a vehicle that is a likely rollover candidate and you have a very high probability of an innocent victim suffering a serious injury. Yamaha is fully aware of the numerous accidents that have occurred as a result of this apparent defect, yet they have continued to sell these ATVs for many years virtually unchanged, other than sternly warning riders to be aware of this proclivity. If you know product law, a warning does not offer blanket immunity to a defective product lawsuit.

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Off-Road Motorcycle Accidents are Another Instance Where Insurance Companies say “NO” out of Habit, and Prejudice

This group of apparently “devil may care” motorcyclists are almost universally singled-out for denials by insurance companies whenever they file an injury claim, for the very same reasons as ATV riders. They charge that “BMX-motocross” riders know what they’re getting into the minute they hop on that off-road bike as they invoke the “assumption of higher risk” when automatically denying claims. We admit that in a larger share of such cases or claims, that reason might be valid. What if others outside of the biker had a hand in the events that caused a catastrophic accident?

Might someone have wandered onto the course and in his attempt to avoid hitting that person, the biker ran into a tree or over a ledge? What if the owner of the property on which the bike trail lies has not removed serious obstacles that would obviously cause a disastrous wreck: even if the bikers all signed liability releases? One thing about releases that few know, there is a mutual assumption of responsibility. The biker agrees to abide by the terms of the release, but the owner of the property must make all reasonable efforts to provide a safe trail. Just because a release is signed doesn’t universally protect property owners. This holds true for not only sanctioned BMX course owners but anyone who owns the property and allows off-road bikers onto that property.

Then there are injuries resulting from defective products. Recently, it has come to light that some of the handlebar assemblies on certain BMX bikes may be defective, causing them to fail in high-stress situations and making the bike careen out of control. There have also been defective product lawsuits against some BMX brake manufacturers from time-to-time. And even with the development of space-age technology when it comes to crash helmets or other protective wear, sometimes they can also be defective. That’s why it’s important for off-road bikers (and all motorcyclists for that matter) to regularly visit the CPSC’s website to learn about any defects that may be associated with the motorcycles they might own.

Personal injury lawyers who focus on motorcycle accidents – both off-road and on – are best equipped to discover all of the facts surrounding your legal case or insurance claim. Because motorcycle accidents can be complex, it is important for victims to seek out a personal attorney who has access to expert witnesses and knows which experts to involve in the legal claim.

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General Negligence Lawsuits: Are You Just Fishing in the Dark?

Sometimes, when the facts of an off-road case might not suggest a specific cause, but the investigation suggests some form of negligence involved in an off-road vehicle accident, attorneys and their clients might file a general negligence lawsuit against those who are believed to be defendants.

These kinds of civil actions are just what the title implies. But the reality of a general negligence lawsuit, and the fact that it is not explicitly linked to any specific sort of civil damage claim, like a work injury or a car wreck, or even a defective product, makes them something of a catch-all. Because of this, often general negligence lawsuits can be very difficult to prove for two reasons. Essentially, a general negligence lawsuit is literally seen by many as “throwing everything at a wall to see what sticks.” And some (mostly insurance companies and defense attorneys) see general negligence suits as something akin to walking into a clothing store and trying everything on to see what looks good on you.

Because of this, the levels of general negligence proof can be extremely high. And this is why it is very hard for you and your attorney to not appear as if you’re filing a nuisance lawsuit. So the simple fact of the matter is this: You and your ATV and off-road accident attorney must have clear and overwhelming proof that your argument is legitimate. The more proof you can offer up to the insurance company or civil jury, the better. And even then, especially in light of our latest round of Texas tort reform, you can still get blown out of the tub, even if you do everything right and end up paying the very people you are trying to sue.

When you go to trial, the first thing your legal opponents will do is ask the Judge to summarily judge all of your accumulated but still unrepresented evidence and determine if you have what is called a “prima facie” case. If the judge rules that you do have a case, then you go to the next round of litigation, consideration of motions. If the judge thinks your case is a bunch of bushwah and dismisses it, guess who is on the hook for all court costs and attorney fees? Certainly not the defendant.

This is not to say that a general negligence lawsuit cannot be won. The key to winning one comes from the quality of your attorney’s investigations and the specialized experts that are available to your legal counsel to devise a clear plan, then paint a lucid picture of liability: not to mention your Texas off-road accident injury lawyer’s ability to negotiate with the insurance companies to offer a fair settlement.

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Insurance Company Legal Opposition Can be Very Stout in an ATV or Other Off-Road Accident

Accidents involving any off-road vehicle often cause catastrophic injuries to these unfortunate plaintiffs. Many times the road to recovery can be long, and very expensive. Long term and permanent disability to the ATV or off-road biker can also be a factor, in addition to months or years of lost income. All of this adds up to very large insurance claims and very aggressive defenses against these people who are injured and try to recover rightful compensation that will pay their bills as they convalesce. A knowledgeable ATV and off-road accident attorney can be a biker’s best friend.

There is a “cultural popularity” when it comes to blaming those who operate “non-traditional” vehicles for any and all accidents they are involved in. That bias makes many feel that people who operate off-road motorbikes and should automatically accept this “high risk” behavior as part of their lifestyle and live with the results of their lifestyle. And that preconception is warmly embraced by insurance companies as a favorite excuse to not pay accident claims, which is the real business that insurance companies are in.

There is one common thread to all off-road vehicle accidents The injuries to the victims are often very expensive, cause some form of disability, a lot of pain and suffering, and usually prevent these people from working for months or years as they recover. That represents a significant loss to the insurer when a lot of money, must be paid to the injured victim. So they fight like the devil to avoid paying a serious injury claim or civil suit.

They use adjusters to make you think they’re on your side, only to trick you into saying something that can be used against you later. They use delaying tactics to pay what are clearly justifiable claims. They offer woefully inadequate compensation settlement packages that don’t come close to paying your medical bills, pain and suffering, lost wages because you can’t return to work immediately; or disability if you can’t return to work at all. The insurance companies have very good attorneys to hide behind in their efforts to not pay your claim.

Just because they think they can treat you this way if you’ve been involved in these types, or any other vehicle accident, doesn’t mean the insurance companies are right in doing it. The only real way to defeat them is with an experienced injury attorney who understands the subtle nuances of liability when it comes to these many types of mishaps under the general heading of “other vehicle accidents.”

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Our Law Firm Will Fight for Your Injury Rights from Any Vehicle Accident

If you expect to be compensated for injuries you sustained in an off-road accident, you need an experienced local personal injury lawyer who knows how to investigate such accident scenes to uncover all of the evidence that backs you up: then present it in a manner that proves your injuries resulted from someone else’s negligence.

Our Law Firm has a great deal of experience investigating all sorts of vehicle accidents.

Insurance carriers, along with their attorneys, know that when we’re on the case that we won’t go away as we pursue justice for our injured clients. Negotiating fair settlements with insurance companies and, if necessary, taking them to court in order to win damage compensation often convinces your opponents to offer that fair settlement that will relieve you of this sudden financial nightmare and help you recover as you should.

So, Before you speak with an insurance company, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer.

We have won just compensation for hundreds of clients against every major insurance company in the state. And once they see the handwriting on the wall, they are more apt to offer a fair settlement rather than risk an even higher civil judgment from a jury, in addition to the cost of a trial. We use our intimate understanding of the laws in question, coupled with state-of-the-art investigative techniques to devise a strategy that serves the specific needs of your case. This can deliver fair restitution for your injuries.

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Suing your workers’ comp non-subscriber employer and all identified third parties for damages

If your employer is a workers’ comp subscriber, file your normal claim and augment its coverage benefit cap with targeted civil suits against all identified third party defendants for supplemental damages. Often, a workers’ comp claim and third-party lawsuits will combine to produce fair cumulative compensation.
Just jumping to either strategy doesn’t happen immediately. Because you have to learn who did what, when, and the degree of negligence that caused your injuries. If property owners are suspects, you must know what they knew and when they knew it. The ability to properly investigate the accident scene and the roles everyone played in your drilling rig or pipeline accident is absolutely necessary. This is another reason why it’s best to hire an experienced drilling rig and pipeline attorney to manage this intricate case, and the equally complicated investigation that produces the evidence which leads to your best legal strategy.

Hope for the Best, but Prepare for Trouble Once the Civil Lawsuits are Filed
The now-complete investigation has revealed liable third party defendants and/or a non-subscribing employer. It’s time to begin your lawsuit. What happens next?

It usually begins (with your attorney on your behalf) filing a claim, on your behalf (the plaintiff) against the non-subscribing employer, or third-party defendant, stating that the injury has caused you harm. It will include the total damage amount you are seeking. If the defendants are insured, they simply turn this over to their insurance company, unless they’re self-insured or not insured.

The insurance company will most-likely dispute your allegations immediately and without consideration, because that’s what insurance companies do until they know you are serious and won’t go away. This begins the “negotiation phase.” It’s possible that negotiations could produce the damage amount you seek, especially if the insurance company knows you have a very strong case. That’s the best-case scenario.

Much more often, drilling rig injury cases are contested and you will be forced to file an actual lawsuit. The burden of proving that employer or third party negligence caused your injury which produced the damages you seek is squarely on you and your attorney’s shoulders. Here is where the strength of your case lies in the quality of your lawyer’s investigative powers.

Sometimes your case is strong, but your employer’s or third parties’ insurance company still resists paying your injury claim, even if the defendant/policyholders want them to in order to make you go away. So, insurance companies encourage them to “circle the wagons” with them by threatening higher premium payments. This happens because insurance companies hate paying claims and do all they can to influence their defendants to resist you just as belligerently as they. And when it comes to the tactics used to deny paying your damages, we’ve found that defendants, their insurance companies (and their lawyers) most often use a traditional defense found in personal injury law to avoid paying injured employees rightful compensation.

The primary liability defense strategy is to charge the plaintiff with a sole proximate cause. This means the victim was totally to blame for his drilling or pipeline injuries. In order to invoke the sole proximate cause against you, the defendants say and do anything to try and suggest that you alone were careless or irresponsible and caused your painful injuries. They do everything they can to sully your reputation as a worker and a human being to make their point. They try to enter evidence that has no bearing on the case, other than try and prove their flimsy charges. Since insurance companies are very experienced, and their attorneys very shrewd, when it comes to fighting your claim or civil case, you must expect any trick they can come up with to change the argument, and hopefully have a good accident lawyer to shift the liability spotlight back on the defendants and away from you.

Regardless of whether your accident occurred offshore or deep in the heart of Texas, you should contact one of our Law Firm’s accident attorneys in order to fully understand your injury compensation rights and the process of winning damages for those injuries.

An experienced accident attorney with our Law Firm will help you win your oil and gas injury liability case anywhere in Texas or out in the Gulf. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We can answer all of your questions and tell you the best way to win the compensation you deserve from your injury on a drilling rig or pipeline.

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Defendants Question Whether a Genuine Employer-Employee Relationship Exists so They Can Avoid Paying You

In addition to the sole proximate cause defense, another popular way for employer-defendants to wiggle out of paying you damages from your drilling accident, finds many clever employers saying that you are technically not an employee to begin with. This – they will claim – renders the issue of their liability moot. When faced with an expensive personal injury liability lawsuit in the workplace, employers know they are not responsible for injuries to their subcontractors, or a subcontractor’s employees. So many of them will, in-reality, hire employees, then turn around and claim they are instead, contractors. But anyone can claim anything. Proving it is another matter; especially when you have an experienced Texas drilling and pipeline accident attorney to unmask their subterfuge. Remember, the burden of proof is on you. That includes disproving every charge they fire at you, no matter how frivolous it might be. In a trial, when it gets to the point of feckless defendant charges, things start looking pretty good for you.

While many drilling companies claim this non-employee point, they know that a true employer-employee relationship exists for the purposes of accident liability and that you have the right to receive to damages from this defendant. Here are some of the ways to disprove this employer ruse and confirm an employer-employee relationship exists.

Social security or taxes have been withheld from your paycheck by the employer.
The essential equipment for the job was supplied to you by the employer.
Your work has been regularly managed, overseen or inspected by your employer.
A specific work schedule has been set for the job by the employer. You are not free to come-and-go as you please.
Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.
You have been employed for an undetermined period of time and not just for a single job.
You are paid by a salary or an hourly wage and not on a job-by-job basis.
In cases where an employer claims you have been “borrowed” from another company, or hired through a third-party employment agency, the rules for determining the working relationship are closely related to those above. Depending on defendant allegations, there can be some discrete, but crucial differences in determining the employer-employee relationship. Some of these conditions may include:

If the borrowing employer can hire or fire you at any time, you are clearly an employee. Otherwise, you are a contractor.
Most of the time, if the borrowing employer can pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.
This answer is the same when it comes to tools and equipment. If you provide them, then you are a contractor. If the employer provides them, then you’re an employee.
If the agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.
If you are borrowed indefinitely, then the worker is an employee. But if you’re borrowed for a specific project with a specific date of completion, then you’re a contractor.
If you are borrowed or “leased” because of a skill that is unique or hard-to-find, then you’re a contractor. On the other hand, if an employer borrows you to fill a position that just about anyone can fill, then you’re an employee.
If the borrowing employer agrees to pay your social security and income tax, then you’re an employee. If the borrowing employer does not accept this responsibility, then you’re a contractor.

Our Law Firm conducts a methodical investigation of your employer to prove any one of these employee standards. We will depose co-workers, review contracts, and examine pay stubs to prove an employer-employee relationship existed when you suffered an on-the-job injury.

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Most Every Defendant Strenuously Avoids Paying Injury Damages You Rightly Deserve: Whether they’re Insured or not

Personal injury civil defendants break down into two basic categories. They are either covered (and represented) by an insurance carrier, or they are self-insured. No matter what category they fall into, they persistently fight to avoid paying your injury damages.

Defendants who have insurance coverage know they can also rely on the attorneys they have, either on staff or permanent retainers to vigorously defend their shared interest (which is to not pay your damage claim). They are very good at denying drilling rig and pipeline accident injury claimants and their lawsuits. You can anticipate a great deal of belligerence from this defendant team. It’s their job to take a “how dare you?” position, especially when they’re trying to deny respondeat superior and turn the sole proximate cause tables against you. They can terrify a claimant who has no attorney, or who has retained an inexperienced one.

You can beat them with good evidence, a just cause, and an experienced petroleum workplace accident attorney who knows how to counter every trick they try to pull. Don’t forget, one of the corporate petro-giants might be involved (usually behind the scenes, pulling everyone’s strings). This is why you must be fearless, just like your experienced lawyer, because you can win.

But arrogant insurance companies and their lawyers who are pitted against you are governed, to-a-point, by a legally mandated code of ethics surrounding their behavior, and the lengths they can go in defending themselves. There are no such rules governing the behavior of self-insured contractors and subcontractors who are defendants in your lawsuit. And they are apt to use every malicious trick they can think in order to defend themselves against your civil damage suit. Some of those tricks are immoral. Others are even illegal. All their equally threatening attorneys need to do is deny any knowledge of this sneaky, reprehensible behavior by their clients, just like Sergeant Schultz (“I see nothing, I know nothing”).

You will likely deal directly with an officer of the self-insured drilling or pipeline company. This person’s salary is coming out of company profits. Whatever injury award you are paid comes directly out of company funds (or a cash bond), which means your employer, or that third party, is taking money out of his own pocket. This is why a self-insured company officer uses any trick he can think of to deny your claim and protect his company’s (and his personal) assets.

These people deliberately destroy evidence, intimidate, and even bribe witnesses. Sometimes they’ll resort to physical threats against you or even your family. Often, when a self-insured drilling or pipeline defendant is involved, early-on we file motions that prohibit anyone with the company from inappropriate behavior towards our clients. And regularly, such motions clearly demand they make no attempt to communicate with our clients, or their families unless one of our attorneys is present.

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Texas Injury Laws do not Govern Offshore Drilling: But our Law Firm Handles Those Cases too

If you have been hurt on an offshore drilling rig or pipeline, the laws that govern those injury cases stop at the Texas coast. When the rig is “on the water” several completely different laws from those in the state provide the basis for damage compensation from a work-related injury. On one hand, this makes things easier for you. But on the other hand, winning just compensation can be just as tricky.

Platform drilling injury cases typically fall under the purview of the Jones Act (which is officially known as the Merchant Marine Act of 1930). Other legislation that is even older might also factor into your case: such as the Limitations Liability Act of 1851 and/or the Death on the High Seas Act, which has its roots in English Common Law. The Limitations Liability act might be a stretch, seeing as how it was enacted long before the existence of the modern insurance company. But there are some obscure loopholes in all the above laws that could apply to your case, depending on the issues and events surrounding it.

Generally, the same types of damages available through Texas Civil Law are available to offshore platform workers. But as we’ve mentioned, how you and your attorney win just compensation for injuries, lost wages, pain, suffering, and death benefits are quite different due to some of those obscure loopholes, the insurance companies who underwrite offshore drilling companies, and their very specialized and talented attorneys.

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May 19, 2020February 2, 2022 Frank PichenLeave a comment

new – law 5/18/2020 – Premises Liability / Drunk Driving / Workplace Accident / Medical Malpractice / Day care abuse – gtg

Which Sort of Visitor You are Determines the Level of Legal Duty You are Owed

The obligation owed by a property owner to visitors changes due to the type of visitor, and there are three distinct types of legal duty in Texas Premises Law:

An Invitee is someone who knowingly and willingly visits a property for the mutual benefit of the owner and the visitor. An example of an invitee would be a shopper in a store. He or she benefits by purchasing something and the owner in-turn benefits by selling something to the Invitee.
A Licensee is a person who knowingly and willfully visits a property for his or her own sole benefit. The law considers someone stopping by to visit a friend to be an example of a licensee.
A Trespasser on the other hand is a person who enters a property knowingly and willfully without the permission of the property owner or a legal right for doing so. Examples of a trespasser might be a burglar or a door-to-door salesman.

Exploring a Property Owners’ Legal Duties to Various Types of Visitors and How They Vary
As you now know, property owners owe different duties of safety to different types of visitors. Invitees are owed the following responsibilities:

The property owner has a duty to be aware of any dangerous conditions on the premises and warn those who visit his or her property. An example would be a fast-food restaurant warning customers about a wet and slippery floor that an employee has just mopped.
The property owner has a duty to warn of unique dangers that you might not normally anticipate. For example, if you visit a friend’s house and his staircase has uneven steps or loose carpeting or some other dangerous hazard that is normally assumed to be safe, he is legally required to warn you.
The property owner has a duty of not knowingly or willingly injuring visitors. For instance, if a property owner booby traps his or her property to punish trespassers and the trap injures another visitor, like a child who cuts across his property on the way home from school, or some other innocent bystander or welcome visitor, that property owner has not fulfilled his legal duty and could be sued.
Licensees are owed the duties by property owners of being clearly warned of preexisting dangerous conditions in order to avoid being willfully, or inadvertently, injured by the property owner. However, some (not all) trespassers are only owed the duty of being protected from wanton dangers of which the property owner is aware. If a trespasser or licensee slips and falls on a newly laid sidewalk that is part of the city’s easement in front of the owner’s home, then that’s the trespasser’s problem: though he or she might be able to take his complaint to the city.

If you or someone you love has been injured on someone else’s property, then call us today at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you. We will be happy to answer any and every question you may have about the specifics in your premises liability case. We’ll help you determine whether you have the right to file suit and possibly give you a fair estimate of what sort of damage compensation you have a right to expect. Let us help you like we’ve helped hundreds of other injured Texans, through no fault of your own.

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Common Examples of Situations That May Justify a Premises Liability Case

There are several types of cases that are commonly litigated under Texas’ premises liability laws:

Slip and fall accidents – In this case, hazardous conditions on a property causing someone to trip or slip and fall if the property owner does not clearly warn the visitor.
Elevator collapse accidents – A defect in design or maintenance leads to an elevator collapse in which people are injured or killed. In this case, the plaintiff would likely seek premises liability relief through a defective product lawsuit.
Injuries as a result of criminal activity – When criminal activity on the property of an owner leads to the death or injury of another person, and the property owner is found to have taken part in that criminal offense (or had been aware of the activity beforehand), the property owner could be liable for damages.
Injuries due to falling down stairs – When known hazards on a staircase cause a visitor to slip and fall, injuring him or herself, and the visitor has not been clearly warned of the hazards, premises liability laws usually apply.
Dangerous animal attacks – when animals attack and injure a visitor to a property, the property owner is liable. A recently passed bill in the Texas Legislature that now makes this offense subject to criminal prosecution as well.
In order to win a premises liability lawsuit, the burden of proof is on the victim to clearly demonstrate that a hazard existed, that the property owner knew about the risk or should have known, and the hazard resulted in an accident and produced the victim’s injuries. Moreover, the victim, or plaintiff must be able to prove the requested compensation is both justified and reflective of the damages received by the plaintiff. In other words, you can’t just prove that the property owner failed to perform his or her reasonable legal duty. You must also prove that this failure actually justifies the amount of damages you are seeking. Fulfilling these requirements can be complex, and in order to succeed with a premises liability claim, you will likely need the assistance of an experienced Texas personal injury lawyer specializing in Texas premises law.

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Insurance Companies Oppose You and Your Premises Liability Civil Actions

Premises liability lawsuits usually involve the defendant’s insurance company simply because virtually any business owner knows the first check each month goes for the rent, and the second one pays the insurance. The same can be said for the majority of homeowners: at least those who are still paying a monthly note. Though this business owner or homeowner gets liability protection for his monthly premium, the owner (and his insurance company) and any injured party view this insurance coverage differently. You might see it as a means of financial compensation. Often, the insurance company is really providing “plausible deniability” for the owner to be responsible for paying damages. Does this sound a bit contradictory? Well yes, in many cases.

The insurance company is the one who writes the check to you if your case is successful. And it’s their job to fight you tooth-and-nail to deny your civil claim or case. Why? Because in order to protect their profits that come from all those premiums they take-in every month, insurance companies are in the business of not paying out claims whenever possible. They do it with insurance adjusters whose duty is to the insurance company, not to you: in spite of what the “friendly adjuster” might tell you. There’s always some reason why they’re dragging their feet in paying your claim. Sometimes they try to talk to you on the phone, and then record the conversation in hopes of tripping you up and getting you to say something they can use against you. The best way to avoid this hazard is to have an experienced premises liability lawyer to take those calls and keep you out of the loop.

Another position insurance companies take is to suspect (whether it’s true or not) that you’re just looking for some sucker to fleece and are using the premises liability laws to do just that. This is one reason why insurers have great lawyers, either on-staff or permanent retainer, to foil you at every turn. They file motions, argue technicalities, and generally try to put every legal roadblock they can think of to keep your case out of court. They have lots of experience dealing with premises liability claimants: both those who are justified as well as those they claim are not.

Finally, if the insurance companies know you have a good case but are not represented by a liability attorney, they’ll offer you a “low-ball” settlement that can’t come close to paying all of your damages arising from the property owner’s negligence. Or they think their case defense might be weak, even if they also suspect the veracity of the plaintiff’s charges. In short, your opposition knows the ins and outs of premises liability law and the best ways to avoid paying your legitimate injury claim against a property owner whose negligence caused your injury.

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With an enormous state university, Texas A&M, located in Texas, this area is, unfortunately, no stranger to drunk driving accidents. The Aggies do love their beer. Thus, if you’ve been injured or a family member’s life has been extinguished by a drunk driver, the accident lawyers at our Law Office have more than 30 years dealing with these cases and can help. Not only can we pursue compensation from the drunk driver, but we can also go after the drinking establishment who may have negligently served the driver past the point of obvious intoxication. Texas dram shop laws require bars and restaurants to serve liquor responsibly or pay for the consequences when they do not. Since drunk drivers are not capable of making rational decisions, the state of Texas calls upon servers and bartenders to protect the well-being of the general public. When handling a drunk driving accident, our lawyers will conduct a diligent investigation into the conduct of the drinking establishment. No, this doesn’t permit the drunken driver to escape liability – he or she merely shares financial accountability with the bar or restaurant. If the carelessness of a drunk driver has caused your injury or your loved one’s death, our dram shop lawyers can help you find justice, as well as fair compensation. We take our roles as advocates of justice very seriously, and the only way we have of forcing negligent drinking establishments to help reduce the number of drunk drivers on the road is through a dram shop lawsuit.

Why You Should Contact our Law Firm Immediately
While the statute of limitations after a negligent injury or wrongful death in Texas is two years, you need to act immediately to give yourself the best chance of securing the compensation you deserve if you’ve been injured or a family member has been killed by someone else’s negligence. Success with a personal injury or wrongful death claim requires evidence, and that evidence can only be found through a quick and thorough investigation. In most accident situations, the evidence begins to fade away or become altered quickly. Thus, you should contact our Law Firm today, so that you give yourself the best opportunity of delivering justice and recovering the compensation to which you are entitled. We’ve taken on every major insurance company in the state and compiled a long track record of success.

For a free consultation, call our Law Firm any time at 1(800) 862-1260 for a free consultation. We’re happy to listen to your story, answer your questions, and advise of your legal options, so call us now.

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When someone suffers a workplace injury, the results can be devastating – intense pain, mounting medical bills, and missed work. Unfortunately, dealing with on-the-job injuries in the state of Texas is highly complex. Employers in this state have the option of purchasing workers’ compensation insurance or taking their chances without it. This leads to gray areas in which employers who’ve had employees injured on the job will often lie about having workers’ compensation in order to avoid being sued. Some even carry the ruse so far as to make fake workers’ compensation payments to the injured worker. Some employers will give their workers misleading information about Texas workers’ compensation insurance. If you want to get down to the truth about your employer’s workers’ compensation status after a Texas work accident, you need the help of a lawyer who has experience with such matters. The Texas attorneys at our Law Offices have been dealing with on-the-job injuries for decades, so we know how to reveal your employer’s true workmen’s comp status and get you the benefits you deserve. In some cases, we may even be able to pursue a personal injury or wrongful death lawsuit against a negligent third party on top of whatever workers’ compensation benefits the injured party receives.

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Texas medical malpractice accidents can occur as the result of any medical professional and can occur virtually anywhere in the state. When you undergo a medical procedure or treatment, you have the right to expect medical professionals to give you safe and sound care. Sometimes, medical procedures just go wrong due to the cruelty of fate, but when the attending medical professional negligently causes harm to a patient in their care, a Texas medical malpractice lawsuit is in order. Texas medical malpractice lawsuits are not limited to doctors and nurses but may also be pursued against negligent dentists, anesthesiologists, pharmacists, oral surgeons, psychologists, or any other negligent medical professional who has caused harm to a patient. Sadly, the state of Texas has passed tort reforms that have made it very difficult to prove medical malpractice cases and have decreased the amount of recoverable insurance from medical malpractice policies. Thus, many lawyers refuse to accept medical malpractice cases. That’s not the case at our Texas Law Offices. Our medical malpractice attorneys don’t shirk from any case, and we can help you.

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When someone makes and sells a product for public consumption, that party is responsible for making sure the product is safe and has been properly tested. When a product then harms people, claims can be made under Texas product liability law. Usually, product liability issues are very difficult for the victims to resolve on their own because they’re taking on a wealthy company that can afford to arm themselves with an army of defense lawyers. In order to win a product liability lawsuit, you’re likely going to need the help of an attorney who has experience conducting investigations in product liability cases and knows how to find the evidence that will prove the danger of the product and the blame of the manufacturer. Our attorneys have handled product liability lawsuits for over 30 years. We’ve handled cases involving food contamination, prescription drugs, fireworks, faulty tires, defective seat belts, dangerous child safety seats, crib injuries, and mesothelioma. We know how to link a personal injury or a wrongful death to the harmful or defective product.

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When we entrust another party with the care of our children, we expect that they’re going to offer safe and trustworthy service. While daycare abuse is not at all common, it’s always a possibility. A daycare worker only needs a few moments of inattention for harm to befall a child. Moreover, some intentionally abuse the children. If a daycare worker has harmed a child either intentionally or by accident, both he or she and his or her employer can be held accountable. If your child has suffered daycare abuse, our lawyers will conduct a thorough investigation to identify all of the parties responsible. This is critically important not just to help you attain compensation, but also so that the harmful behavior does not continue, allowing other children to be abused. Not only do our daycare investigations bear fruit in a civil lawsuit, but we also hand the evidence over to the authorities who can then pursue criminal charges against the abuser. We are dedicated to bringing child abusers to justice.

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October 29, 2026November 4, 2026 Frank PichenLeave a comment

Grossman 7/10/20 – work/dog/auto Accidents page 2 – gtg

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July 21, 2020July 27, 2020 Frank PichenLeave a comment

Grossman 7/10/20 – Scaffolding Accidents / Workers Comp – gtg

If You’ve Been Injured in a Scaffolding Accident, Call Our Lawyers

Injuries resulting from on the job construction site falls are the most frequent causes of highly damaging and often traumatic occupation death. The dangers of falling from scaffolding are well known by those working in the construction industry, and falls from scaffolding are often the result of a number of factors.

Injuries from scaffolding fall accidents range in cause from defective hardware (such as the use of screws, or bolts improper for the load capacity being supported) or equipment, improper installation or operation of scaffolding equipment, failure to provide proper safety equipment, or improper to inadequate worker training.

If you have lost a loved one in a scaffolding accident, it is in your best interest to know your legal rights regarding compensation for their loss. The Scaffolding Accident Attorneys of our Law Office have been fighting for the rights of those needlessly killed in on the job construction scaffolding accidents, for over 20 years. We can help you determine your most beneficial legal avenue to compensation for funeral, medical, and financial hardship costs incurred as a result of the loss of your loved one. Our attorneys have helped thousands of Texans suffering from the needless death of their loved ones resulting from construction scaffolding accidents caused by negligence. An understanding of Workers’ Compensation Law is essential for determining your legal course of action in pursuit of compensation, and our Scaffolding Accident Attorneys of our Law Office stand ready to assist you.

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Scaffolding Injury Cases: The Potential for Multiple Party Liability

There exists a great potential for third party liability in cases of on the job deaths. With regard to construction scaffolding accident deaths, third parties that may be held liable for compensation for damages arising from a fatal accident may be as likely as a source of compensation for your damages, as the employer under whose responsibility your loved one was wrongfully killed. Liable third parties could include the manufacturer or installer of the scaffold, or the persons(s) responsible for the maintenance of the scaffolding equipment, the general contractor (GC), subcontractors having a physical presence on the job site, or other workers. According to Texas State Law, all companies, and individuals have a legal duty to provide a certain measure of safety, and owe a duty of no harm, to workers designated, or recognized by law as “general employees”. The deceased employee’s employer may also be held liable for damages arising from a fatal scaffolding accident, in addition to third parties. The complexities of pursuing compensation in the event of a fatal work-related injury require the service of an experienced professional legal counsel. Such counsel will be able to fully navigate the tumultuous backwaters of legal code, and case law to determine the most appropriate course of legal action relevant to your case, and will also be able to provide for you a means of protecting your legal right to seek compensation for damages sought. One of the first, and often most formidable obstacles to be assessed and analyzed in your pursuit of compensation for the death of your loved one is that of the Workers’ Compensation Insurance status of the deceased worker’s employer. The pursuit of compensation for the wrongful death of a loved one from an employer subscribing to Workers’ Compensation Insurance, will differ from cases of compensation sought from an employer who does not subscribe to Workers’ Compensation Insurance.

The Complexity of Workers’ Compensation Insurance
Essential to your legal pursuit of compensation is knowledge of the employer’s Workers’ Compensation Insurance status. As mentioned before, this will determine the legal routes by which you may legally pursue compensation for your financial and emotional losses. Your Scaffold Accident Death Attorney will best be able to assist you in determining this essential factor. In Texas, Workers’ Compensation Law has recently been reshaped to be of greater benefit to the employers who have opted to carry Workers’ Compensation Insurance. This has come about as a result of pressure placed upon the Texas Legislature by companies wishing to cap their liability for damages in the event of worker injuries and or fatalities. “Tort Reform”, as it has since been labeled reduces an employer’s liability for further damages sought by injured workers or the families of workers who have been killed on the job for employers who carry Workers’ Compensation Insurance (subscribers). However, do not be misled into believing that you are not legally entitled to sue for damages awarded under Workers’ Compensation simply because of this fact. Even in cases of fatal workplace accidents in which the employer is a subscriber, third parties exist, from whom compensation can be sought. On the other hand, Tort Reform/ Workers’ Compensation Insurance Law punishes employers who did not subscribe to Workers’ Compensation (non-subscribers) by not shielding them from damages sought by injured workers, and the families of workers wrongfully killed in on the job or work-related accidents. Lawsuits arising from the families of workers killed in work-related accidents often provide damages that exceed the customary amounts paid by Workers’ Compensation Insurance. Lawsuits against subscriber and non-subscriber employers are handled differently and involve their own resulting complexities.

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Workers’ Compensation Subscriber Lawsuits

Subscriber employers have the advantage of being shielded against further lawsuits from injured workers and the families of workers killed, and cannot be sued directly by an injured employee, or the family of a worker wrongfully killed on the job. However, if the family of a worker who has been wrongfully killed on the job can prove that the employer’s gross negligence played a crucial role in the death of their loved one, they may be eligible to pursue damages in addition to those awarded by Workers’ Compensation for their losses via a wrongful death lawsuit. Workers’ Compensation pays the worker of the family of a deceased worker a stated amount as compensation for their pain and suffering. However, this amount is usually insufficient to cover the costs incurred and often leave the grieving family without the financial means to recover sufficiently from their emotional and financial losses. Do not be fooled into believing that you are not entitled to take any further legal action to obtain compensation for your loss because the employer of your deceased loved one carried Workers’ Compensation insurance. It is often the case that third parties may also be liable for damages in the event of a fatal scaffolding accident. Your scaffolding accident attorney is more than capable of assisting you in determining a course of legal action most beneficial to the conditions of your case and will utilize his or her high level of experience and professional dedication to help you obtain the fair and just compensation you and your family deserve for your losses. For over twenty years, the scaffolding accident, and wrongful death attorneys of our Law Office have been helping Texas families protect their legal rights, hold those accountable for the deaths of their loved ones, recover damages for their losses.

Non-Subscriber Lawsuits
The families of workers wrongfully killed in scaffolding accidents may pursue damages under a wrongful death lawsuit and only need to prove the employer’s negligence as being the cause of the fatal accident. Facing the potential of unlimited liability in the event of a work-related scaffolding accident, non-subscriber employers often begin building a legal case against the injured or wrongfully killed worker long before any such incident occurs. These employers, along with the legal defense lawyers of any insurance company with whom they may have a policy, will go to incredible and often underhanded lengths to prove that the injured, or deceased worker was responsible for their own injuries, or death. Such tactics may include outright slander, attacks upon the character, work ethic, or mental capability of the worker, or the manipulation of eyewitness statements, or any statements, which do not favor their legal, or financial interests. Another tactic utilized by non-subscriber employers to avoid having to pay damages is the definition of a worker as a “contractor, temporary worker”, or any other than a “general employee”. This is a tactic based upon the knowledge and recognition of the different duties of safety, which employers must provide for their employees. While “general employees” must be provided by law the duty of a safe working environment, contractors and temporary workers must, themselves, see to the safety of their own work environments. The scaffolding accident attorneys have over twenty years of experience in thwarting the tactics of non-subscriber employers and their defense lawyers attempting to avoid liability for damages. We have helped thousands of Texans recover damages for their financial and emotional losses. Do not allow those responsible for your injuries to remain free from justice. Contact our Law Office, and let’s work together to protect your legal rights, and obtain fair and just compensation for the scaffolding death of your loved one.

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Who, Exactly, is Entitled to Legally Pursue Damages Arising from an Injurious or Fatal Scaffolding Accident?

With the right attorney: one who is highly experienced and knowledgeable of case law regarding construction-related injuries and deaths, almost everyone who has been injured, or wrongfully killed at the hands of a negligent employer may be legally eligible and entitled to seek compensation for their pain, suffering, and financial losses. The differing factors pertinent to your individual case will demand that certain courses of legal action be taken. If you have been injured in a scaffolding accident, or have lost a loved one in a fatal scaffolding accident, it is of the utmost importance that you immediately seek out and designate an appropriate legal representative, to protect your legal right to seek compensation, and pursue damages for your pain, suffering, and financial losses. Under certain conditions, even workers designated as “contractors”, or “temporary”, or even workers borrowed from another employer to complete job duties for another employer may be eligible and legally entitled to pursue compensation for any scaffolding injuries or deaths. In these instances, it will be essential to establish the proper and legal definition of the “employer-employee” relationship, and determine the Workers’ Compensation status of the employer.

If you have been injured in a scaffolding accident, or if you have lost a loved one in a fatal scaffolding accident, the Scaffolding Accident and Wrongful Death attorneys of our Law Office are here to help you obtain restitution for your losses. It is unfortunately frequently the case that other law firms overlook the details of a case and refuse to take it, due to inexperience in the field of practice. Our Law Office has specialized in the litigation of Texas Personal Injury and Wrongful Death Law for over twenty years. Our attorneys are well-practiced, and extremely knowledgeable of the legal hurdles, twists, and turns of pursuing personal injury and wrongful death lawsuits, and we have helped thousands of Texans suffering from injuries and the deaths of their loved ones secure the restitution they need to move on with their lives.

In one case of an injured worker’s case being dismissed, a client working on the job site of a stadium renovation project had his foot crushed by a cement spreader went to a Workers’ Compensation Insurance lawyer to have his situation reviewed. He was told, by this lawyer, that because he was a “temporary” worker, that he was not eligible to receive compensation for his pain, suffering, and financial losses. This client then contacted the attorneys of our Law Office, and we were able to properly prove that an “employer-employee” relationship did indeed exist between the client and the defendant. Proof of this relationship allowed us to help him recover damages for his injuries, and hold those responsible for his injuries accountable.

The Scaffolding Accident Attorneys of our Law Office are Here to Help You
Regardless of your situation, whether you are designated by your employer as a contractor, temporary worker, or volunteer, we can help you determine your legal rights, and obtain compensation for construction-related and scaffolding accident injuries, or fatalities. If you have lost a loved one, we can help you and your family hold those responsible for the wrongful death of your loved one accountable for their negligent actions, and secure fair and just compensation for your pain, suffering, and financial losses. Having the Scaffolding Accident and Wrongful Death Attorneys of our Law Office on your side will send a clear signal to those responsible for your pain and suffering. Contact our Law Office today for a free consultation.

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dog bite 6/29/2020 – gtg

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Dog bites are an ever-increasing problem, and it is children who most often suffer from attacks. The Center for Disease Control estimates that, nationwide, more than 900,000 dog attacks each year require medical attention. Bites are often caused by negligence or recklessness, and serious injury or death may result. Injuries may include but are not limited to, permanent scarring, nerve damage, infections at the site of the wound, and psychological scars, especially in children. Law provides for money damages to cover a significant variety of losses including medical bills, pain and suffering, mental anguish, loss of consortium, humiliation, embarrassment, impaired enjoyment of life, and future medical bills.

Damages can be recovered through Dog Bite Laws or through Common Law.

A dog bite victim can recover compensation under a special statute. Protections afforded by the dog bite law expand upon those provided by common law. There can be a liability even if there was no vicious behavior prior to the attack, and even if the owner had no reason to believe the dog would behave in a violent way.

Common-Law Remedies
In addition to a dog bite statute, those injured by dogs can also recover under the common law. However, the plaintiff must prove that the dog owner’s negligence caused the injury. In the law, negligence is defined as a lack of ordinary care. Ordinary care is what a reasonably prudent person would have provided in similar circumstances. Lacking ordinary care, damages can be sought from a defendant for his/her negligence under common law.

Realize that an owner also can incur liability for non-bite injuries. Injuries suffered by an animal are also addressed.

Liability can also be imposed on one that is not the actual dog owner, such as a landlord. The dog bite law does not address non-owners, but common law does. Those that don’t own the dog, but are caring for it, harboring it or keeping it in any way can be held liable under the principle of ‘Scienter’. However, a non-owner must be proven to have had foreknowledge of a dog’s vicious propensities. Otherwise, a non-owner cannot be held liable.

After An Attack Seek Medical Help
If you, your child, family member, or an animal that you own is the victim of a dog bite, seek immediate medical attention, and gather and preserve evidence. Immediate efforts to sterilize the affected area with hydrogen peroxide or alcohol are important to limit the chance of infection. Wrapping the wounded area with gauze bandages can limit the degree to which bacteria can enter the wound. if there is bleeding, elevating the area to reduce bleeding can be helpful.

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The American Humane Association reports that over 4.7 million dog bites are sustained every year. A majority of these bites occur near a victim’s property with an about the equal number being caused by dogs that are chained and by dogs that are unleashed. Residents enjoy stricter laws regarding owners’ liability and can generally be compensated for injuries that they sustain after they are bitten by a dog.

Dog Bite Laws
Each state is allowed to set its own laws regarding personal injury claims, including statutes and case law pertaining to dog bites. Some states have a “One Bite” rule in which the first bite that a dog makes will not result in liability against the dog owner. In these states, the dog owner’s knowledge of his dog’s history of violence or propensity of violence is determinate of his liability. Texas laws do not act in the same manner. Texas has a strict liability law regarding owners’ liability. If a dog bites a person who is legally on the property, the dog owner will be held liable for the injuries that the victim sustains. If the victim was contributed to the dog bite due to his own negligence, the percentage of his negligence that contributed to the dog bite will reduce the jury award by the same percentage. If a person exercises control over the dog but is not the owner, he can also be held liable for the injuries that result.

Types of Injuries Related to Dog Bites

Dog bites can result in several serious injuries. 71% of injuries occur in the arms, hands, legs, and feet. Victims may have large, gaping wounds that are caused by dog bites. They may incur lacerations. They may develop permanent scars due to the dog bite. They may also be infected by bacterial or rabies infections. Many dog bite victims also sustain psychological trauma because of a dog bite and may have a fear of dogs for the rest of their lives.

Types of Damages Related to Dog Bites

The owner or person in control of the dog can be required to compensate the victim for his injuries. The victim can recover medical expenses, including the expense to visit the emergency room, surgeries, plastic surgery, and prescription medicine. Income that victims lost due to having to seek medical treatment and to recover from the wounds can also be compensated. Victims can also recover for pain and suffering and any mental distress that resulted due to the sustained dog bite.

Actions After Sustaining a Dog Bite

The Centers for Disease Control and Prevention states that over 800,000 people seek medical treatment after sustaining a dog bite each year. Nearly half of these victims required treatment in an emergency medical services center. Injured victims may receive preventative treatment for Rabies and Tetanus. Many victims retain the services of personal injury attorneys and dog bite injury claims represent over $1 billion in jury awards and settlements each year.

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Owner’s Liability For Dog Bite Injuries

Liability Varies from state to state.

State Laws, as well as numerous local laws and rules, determine if the owner or others are responsible for dog bite injuries. (” owner” is used to refer to the dog’s owner, as well as the dog’s custodian, caretaker, keeper, harborer or anyone else who may be liable)

Statutory strict liability: a legal principle applies in most states holding that a dog owner is strictly liable and will always be held responsible for the injuries their dog causes to others even if there was no reason for the owner to know that the dog was dangerous (with certain exceptions such as if the victim was trespassing). Under these governing laws, in order to prove liability, there is no requirement to prove any fault or negligence by the dog owner: one does not have to prove that the dog owner knew of the dog’s propensity for biting or reasonably should have known the dog to be dangerous order to achieve compensation.

Dog bite strict liability statutes exist in the following states: Alabama, Arizona, California, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Utah, Washington, West Virginia, and Wisconsin.

One Bite Rule (also known as “One-Free-Bite Rule”: The balance of states have put in place a higher standard of proof in order to hold the dog owner liable for the dog bite injuries: under the “one bite” rule the owner is not liable for the first bite injury unless it was caused as a result of owner’s negligence. Any time a dog bite occurs after that “one free bite”, the owner is held to strict liability for harm caused by the known dangerous dog. The “one-bite states” are as follows: Alaska, Arkansas, Colorado, Georgia, Idaho, Kansas, Maryland, Mississippi, Missouri, Nevada, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Vermont, Virginia, Wyoming.

Tests for A Dog’s Dangerous Propensities in One Bite States: The test for determining an owner’s negligence-of whether the owner “reasonably should have known about the attacking dog’s dangerous propensities-is not always straightforward, and the determination could vary by jury. Some of the indications used to demonstrate a prima facie case of owner’s knowledge, apart from the obvious indication of past records of attacks or bites are: if the dog was used as a guard dog, if signs are posted all over the property warning all to beware of a dangerous dog, if everyone in the neighborhood sees the dog barking violently, jumping up against the fence, growling, and just generally demonstrating an angry truculent personality; if the dog is kept fenced and muzzled.

“One Bite Rule” States do Not Literally Require That A Dog Have Bitten Previously to Hold The Owner Liable:
The “one-bite rule” language should not be taken literally. Therefore, dog owners definitely can and have been held liable for dog bite attacks even if their dog had never bitten anyone previously (ie. Take the case of a vicious guard dog that has been carefully muzzled and fenced and on a leash his entire life, and thus has never bitten anyone. If one day the owner recklessly decides to let the guard dog free and it violently mauls the first person it sees, that owner would almost certainly be held liable-despite it being the dog’s first bite ever.) Conversely, even if a dog had bitten someone 10 years ago when it was younger, if a dog had mellowed to the point where it had not shown any aggressive tendencies for the past ten years, a jury could very likely hold the owner not liable if the dog suddenly without warning ends its ten years of docile behavior and decides to bite the mailman. In this case, even though there was a prior bite, the jury may find no liability.

Injuries from Dog Bite Attack or Injuries Incurred While Running Away from a Dangerous Dog. It should be noted that most “strict liability” rules only apply to actual dog bite injuries. It is often necessary to allege additional recovery theories under common law or negligence theories in order to recover from non-bite injuries arising out of a dog bite attack. In the event the dangerous propensity test has been met to show owner’s negligence, a dog’s owner can also be held responsible for non-bite injuries such as bruises, broken bones, and other miscellaneous injuries incurred even if the dog never actually touched the victim, such as in the case where victim narrowly escaped from an attack dog by running in his car and breaks his hand against the car door in a rush to escape the attack. There can be owner liability for indirect injuries of this type.

Exceptions to Liability: There are certain circumstances where a dog bite victim may not be able to recover, regardless of what state or city the dog bite attack occurs. Generally, if a victim was bitten while trespassing, while provoking or attacking the dog, while committing a crime, while providing professional services to the dog (like a veterinarian) or if the dog was a police or military dog on duty.

Local and city rules and ordinances requirements for dogs often impose other mandatory requirements on dog owners such as licensing requirements, the limit of the number of dogs/pets per household, leash requirements, vaccine and other shot requirements such as distemper, cleanup of dog waste droppings anywhere except the dog owner’s private property

“Negligence Per Se” Violation of Leash Laws, etc.
There is a presumption that a dog bite attack that occurs during the time of a violation of a local ordinance or rule such as violating a leash law, automatically renders the owner responsible for any injuries caused by a dog during such violation. Although there are exceptions to this, generally this “per se” negligence principle is applied by the courts. The “per se” negligence principle is also applied to hold dogs liable for damages caused if the dog is committing trespassing on another’s property without permission (express or implied), or if the dog is off the owner’s property or is running free in violation of a law prohibiting such actions.

Defenses are available in dog bite attacks.
The actions of the victim just prior to the dog bite attack are an important factor in determining whether the victim can hold the dog’s owner liable. Often no viable claim exists if, just prior to the dog bite attack, the victim attacked, kicked or otherwise provoked the dog, or if the victim as trespassing, committing a crime, or the dog was a professional working with the dog.

Statute of Limitations: Note these very strict procedural restrictions on bringing a claim-they are designed to prevent a person from waiting too long to take action on their claim.
There is a time limit for bringing a dog bite claim for your injuries and this is called a “statute of limitations”. It is the time deadline by which the victim of a dog bite attack must bring a claim against the dog’s owner or other responsible party. The specific “statute of limitations” time deadline varies from state to state, and one must be very careful to read the correct statute of limitations that applies to the circumstances of one’s case. The general time to bring a case is from one to six years (it can vary if it is a government entity being sued or a child victim in the dog bite attack) and it generally runs from the time of the dog bite incident. Courts are very strict in requiring compliance with these time limits you are advised to act promptly in order to ensure that your rights to recovery are not lost forever for missing the deadline. In addition, there are several states with a confusing tricky statute of limitations under which an apparent two-year statute of limitations for dog bites may apply only to certain dog bite liability theories while other theories may be governed by other shorter statutes. So beware that all the possibly governing statute of limitations are researched and noted that no avenue of compensation is lost inadvertently.

Court Cases Involving Dog Bite Attacks:
At times, owners of dogs can be held criminally liable for the acts of their dangerous dogs.

Owner of Vicious Attack Dogs Sentenced to 15 Years in Prison for Murder
A Supreme Court reinstated a second-degree murder charge against a woman who was convicted as the owner of two guard dogs that viciously attacked and killed a 33-year-old woman lacrosse coach in the hall of her apartment building. She died from 77 wounds to her body from the vicious attack while, according to the court records, the dogs’ owner was present and did nothing to try to stop the attack, “showing a conscious disregard for human life. A lower court had reduced the charge to involuntary manslaughter in 2002, but this reduced sentence was overturned. The now imprisoned owner had adopted the two deadly guard dogs from her adopted son, a prison inmate white supremacist who had been planning to start a guard dog company.

Criminal Charges Brought Against Owner Of Two Attack Boxers
Criminal felony charges were brought against the owner of two boxers who attacked a veterinarian and mother walking her sons. The woman had been walking with her two sons when she saw one of the boxers heading to attack her 8-year-old son. She said maternal instinct caused her to immediately jump on the first attacking boxer to protect her son and moments later, a second boxer appeared and the two boxers together mauled her as her two boys climbed a fence to safety. She said the two boxers treated her like a “chew toy”, and as the two attacked her, it was a complete blur of screams, growls, pain, and lapse of consciousness. One boxer dragged her across the gravel while the other one lunched on her side. The vicious attack stopped when the wife of the dog’s owner came out of the house with a rake and started banging it and yelling at the dogs to stop. The victim was hospitalized for six days after the attack by the two dogs receiving treatment for bites over most of her body. She was sutured in twenty different areas for bites on her head, right ear, legs, and arms. She suffered a severed bicep, a hole the size of a fist in her leg, and all together incurred over $150,000 in medical bills. Her insurance only paid $100,000 of the bills, leaving her obligated to pay the additional $50,000. The felony charges are being brought because animal control had warned the owner previously of the dangerous nature of the two boxers after they bit someone else in 2004.

Civil Liability Cases: Dangerous Dogs: 63-Year-Old Woman Attacked by A Pit Bull Terrier
A 63-year-old woman weighing 127 pounds was viciously attacked by a 3-year-old male Pit Bull Terrier named Dozer who weighed 80 pounds. The attack was over in seconds as the dog’s owner heard the attack and came running to stop it…saving the woman’s life according to bystanders. The woman says she was saved because she had the presence of mind to turn her back toward the pit bull terrier because she wanted to protect her face from the attack. It was a smart move. The dog gashed her thigh then bit into her arm causing 12 stitches and future surgery. “He was trying to kill me, I am just glad he didn’t get my face”, she said. Animal control officers have placed Dozer in quarantine and have issued citations to the owner for failing to license the dog, and for having a dangerous dog that caused serious injury to another. Under local ordinances the boxer could be kept even if found to be a dangerous dog but only if strict rules were followed such as the construction of two fences, a warning notice regarding the dangerous dog, and that Dozer could only go outside with an adult, a leash and a muzzle at all times.

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Important Facts You Should Know About Dog Bites

A virtual epidemic of dog bite incidents is occurring: The number of dog bite attacks increases every year. There are more than four and a half million dog bite incidents yearly, one occurring every 30-40 seconds, with over 1000 dog bite injury victims going to emergency rooms and another 2000 receiving some kind of non-medical treatment for dog bite injuries each day. Financial losses exceed one billion dollars a year. Due to increasing dog population, increase in urban high-density living and the corresponding increase in the interaction between dogs and people in sidewalks and narrow environments, and the popularity of highly dangerous attack breed dogs, the number of dog bite attacks just keeps rising. Each person has a one in fifty chance of being bitten each year and that chance is increasing as all the factors leading to higher dog bite attacks coincide.

Over half dog bite injuries occur in the home with the attack caused by either the family dog or friend’s dog.

Half of those injured are children usually under ten years old; the majority of these injuries to children occur in the face and neck area of the body.

According to the US government, the most dangerous breeds with the highest risk of biting are the following: Doberman Pinschers, Alaskan Malamutes, Chows, St. Bernards, Akitas, Pit Bull Terriers, Rottweilers, German Shepherds and Huskies. Other reports include wolf-dog mix, and American Bull breeds as particularly dangerous.

Rottweilers, Wolf-Dog mix and pit bulls are responsible for a large percentage of the dog bite attacks each year: over 75% of the dog bite attacks that cause bodily injury to the victim; over 70% of the attacks on children; over 80% of attacks on adults; over 75% of attacks that cause maiming of the dog bite victim.

Most dog bite victims each year statistically are children, the elderly and postal service workers.

How and where do dog attacks occur?

One-quarter of attacks occur while the dog is chained
one-quarter while the dog is loose in the yard
20 percent while the dog is inside the home
17 percent while the dog is roaming off property
Puppies, more than adult dogs are likely to commit attacks.

Guidelines:

You should never allow a child to be alone with a dog, even one that seems friendly. Dogs can become territorial, frightened, threatened, or attack for any unexplained reason at all, unrelated to the child, and such attacks are often of the child’s face and neck and extremely severe.

You should never approach a strange dog in the dog’s territory, near a dog’s puppy, family, or food.

You should refrain from holding your face close to a dog’s face, startling a dog, or teasing or provoking a dog, especially if the dog is eating, sleeping, or with its puppies.

You should refrain from running from a dog that is attacking you, try to stand still, or if the dog has knocked you over, cover your head and face and roll into a ball; try not to act threatening to a dog by staring it in the face.

Note: These statistics are based upon reports issued by the US government and other research agency reports.

Information on Common Treatment of Dog Bite Injuries

Plastic surgeon guidelines on dog bite injury treatments state that the first priority is to ensure the bleeding has been stopped. In certain severe cases, especially among children who are often bitten in the face and neck, check must be made regarding hemorrhage from blood vessels around the head and neck must be checked.

Next, treatment must be carefully administered to prevent infection from occurring. The bites can present in the form of skin punctures, lacerations, cuts, crushing wounds, and fractures caused by the powerful jaw muscles of certain dogs. Plastic surgeons are often called in due to the fact that the dog bite attacks more often than not involve punctures, scarring, and disfigurement to the face, throat, nose, cheeks, and thus require the highest of specialized care. After cleaning, the wound is washed with a saline solution and a catheter is attached to allow irrigation to puncture wounds in order to limit infection.

Subsequent to irrigation, depending on the nature of the injury, the wound could be sutured or closed with tape. The wounds with higher liklihood of infection should receive antibiotic treatment while the lower risk wounds may be sutured unless infected. The following are considered high-risk dog bite wounds: any dog bite wounds in which the treatment has not occurred for over twelve hours, wounds involving the foot, ligaments, hands, tendons, bones, or punctures. Sometimes skin that is severely damaged from the bite must be cut, require grafting, reattaching, multiple surgeries involving removing skin from other parts of the body to attach to the wounded area.

Infections associated with dog bite wounds include sepsis, septic arthritis, osteomyelitis, tenosynovitis, and others. Tetanus records of the victim must be checked to ensure recent timely tetanus shots which must be administered, along with a check on rabies vaccination for the attacking dog, so that appropriate required vaccinations if any, can be administered to the victim.

Emotional and Psychological Trauma From the Dog Bite Attack

Even after the physical injuries from the dog bite wound have healed you will still very likely be experiencing psychological trauma from having gone through the frightening experience. Are you still reliving the frightening dog bite attack in your thoughts? Due to the vicious, sudden and surprising nature of many dog bite incidents, victims usually suffer from emotional trauma and this trauma often requires treatment by professional doctors and therapists who can assist you in best dealing with the emotional scarring and the post-traumatic stress disorder (“PTSD”) that often occurs. Especially among children who are often victims and who also may be traumatized by being witness to close personal attack of a loved one, the child will demonstrate anger, withdrawal, depression, all immediately or shortly after the incident. These are all normal emotional reactions to an extremely frightening and traumatic event that create long-lasting memories in a child’s brain. Scientific studies have led many doctors to conclude that a single severely violent frightening incident like a dog attack can lead a child to develop PTSD because a child is always looking at the environment and acting to maximize its comfort and survival. A severe event like a dog bite attack will often be construed as a general data input that all of life in general can and will be painful, frightening, and uncertain, especially if the child viewed a loved one being subject to severe and sudden attack by dogs. The child assumes such violent attacks will happen again, without warning like the first one. The child will replay the event continuously in its mind re-experiencing it and suffer from nightmares, flashbacks and general distress, often triggered by encounters or viewing of dogs similar to the injuring dog. In certain cases, the child may internalize the incident such that it is interpreted to mean the child is itself bad and brought it on through its own actions. These PTSD traumas can in some cases last through adulthood becoming an integral part of the adult personality. These PTSD symptoms may appear in a child or young adult immediately or not for several weeks or months after the dog bite attack. Alternatively, PTSD may diminish and resolve itself after time passes, but mental health treatment by a professional trained in helping children to cope with such occurrences is often recommended for at least a 12 week period generally required to alleviate the PTSD symptoms, through play therapy, and other psychotherapy treatments, sometimes assisted with medication. Children rely on support from family and friends to assist in recovery, to reduce depression, anxiety, and trauma of the PTSD disorder.

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What constitutes a dog bite in Texas?

The term “dog bite” is generally used in any dog attack. Generally, any dog who grabs a person with their mouth in some manner has committed a bite. In cases where the skin is unbroken or some external object (like thick clothing) prevents a skin rupture, the dog can still be liable for biting. In Texas, the dog bite victim must be able to prove that the dog bit them for a case to move forward.

What sort of evidence can I use to prove the dog bit me?

The most compelling and widely used bits of evidence are photographs and witness testimony. Pictures of the extent of the wounds as soon after they occur can provide the victim with a clear case of a dog bite. Pictures of any affected clothing and of the area where the attack took place (even after the attack) can also be extremely useful.

Medical records, such as paramedic and hospital reports regarding the dog bite can also help in proving that a person was injured.

Why should I hire a dog bite lawyer to help me?

Even if you have been approached by the dog owner’s insurance provider to settle your case without a lawyer you should contact our Law Firm.

You should never sign any paperwork related to the attack, agree to any settlement, or admit to any role in the attack without consulting a Texas animal attack lawyer for advice.

In many cases insurance providers will try and settle the case for far less than you are owed, deny responsibility, threaten the victim or their family with further legal action and more. Please contact us with any of your questions and learn how you can protect yourself from any legal problems. Our personal injury Law Firm provides free legal advice to anyone suffering from a dog bite.

What kinds of dogs are most involved in dog attacks?

The recent trend in dog bite cases has seen a rise in the number of attacks by pit bulls and Rottweilers. While these dogs by themselves can be very docile and kind, if they are provoked in certain ways they can be extremely deadly due to their muscular strength.

In many cases of dog bites in Texas, the dog owner played a significant role in creating a dangerous dog. Dog abuse and neglect, forcing the dog to fight other dogs and training the dog to be aggressive can all result in a dog becoming dangerous.

How serious are dog bites?

Throughout the United States, the number of dog bite and attack victims each year is estimated to be as high as 5 million people. Some 800,000 people need medical attention for their injuries and 1,000 people each day are sent to the emergency room for their dog bite-related problems. Many people die from their dog bite injuries.

More than half of the victims of dog bites are children, most of who suffer from some sort of facial disfigurement.

What if the dog owner was a relative or friend?

Even if you know the dog owner, they are still liable for the actions of their dog, especially when the dog attacks someone else. Having the legal assistance of a Texas animal attack attorney will protect you, not from the dog owner, but from their insurance provider.

Every dog-owning homeowner is required to be covered under their insurance provider. It is not the dog owner who is required to pay for your damages but their insurance company. Insurance companies can be notoriously unreliable in providing legally owed money, especially in dog bite cases.

How do I hire a dog bite injury lawyer?

Contact our Law Firm for a free consultation. Our lawyers have been handling personal injury and dog bite-related cases throughout Texas for years. We give free, no-obligation legal advice to anyone who contacts us.

If we are going to be your legal representation, we do not ask for any payment upfront. Most every dog bite case we handle is paid to us via a contingent fee. The contingent fee is a preset amount of your settlement only and is only paid to us if we win your case. There is no obligation on your part other than to let us protect you.

We never charge hidden legal fees and always factor your part of the contingent fee into any amount we agree to settle on. Please contact us today for any dog bite-related matter. We look forward to helping you.

Contact our team for a free consultation and let our smart, aggressive legal representation go to work for you today.

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< Five o’clock finally came around and I was relieved, I locked my office up and was in my truck on my way to pick up Jason from logistics within a minute of the bell going off. It reminded me of the Flintstones, we literally had a bell that went off for lunch and at the end of the day but now that I think of it, we kind of did the same thing that Fred Flintstone did. I guess things have changed much since cavemen walked the earth. I wish that we had massive dinosaurs to help us instead of heavy machinery, that would be a lot cooler at least, then we could film a reality show based on our daily lives in the mining business. I was going to have to discuss the concept with Jason over the several pitchers of beer we were about to share. As I pulled up to the loading dock office, I saw that Jason was already outside waiting for me, I decided to roll by really slowly but not stop, I wanted to make him run a little bit in order to get in. I slowed down almost to a stop and when he grabbed the door handle, I continued forward very slowly, I rolled down the window and yelled at him to hurry up. He picked up his pace and grabbed a solid hold of the handle and swung the door open, he took a few more strides and then jumped in, swung the door shut and promptly punched me in my shoulder. I laughed as we left the shipping yard and were on our way to the Flimsy McGee’s, one of only two local watering holes. There wasn’t really anything to do out here, we had a few more months of this and we were only able to fly home once a month so we drank more often than we probably should while we were here. I asked Jason if he saw the DUI lawyer business cards on the company bulletin board in the office earlier. He laughed and I told him that I was serious, I pulled my wallet out and found it so I could show it to him. He looked at it and then turned it around and saw that the specific DUI attorney was his uncle. He looked confused and asked me if I was serious about finding it on the company bulletin board and I told him that I was totally serious and that there were more of them too. How did they get here? He asked and I told him that I had no idea, his uncle worked about an hour away. He had no way of knowing where I was working and even if he did, he wouldn’t have brought a stack of cards out, it didn’t make any sense, he said. Then, at that moment, he realized that he’d just gotten his nephew hired at the site, he must have been who posted the business cards on his uncle’s behalf. =================gtg If you find yourself in legal trouble, it is likely a big deal to you. The consequences could be very big in terms of the way that the case goes. Even being involved in a legal case can be detrimental unless you find the right lawyer. A good DUI attorney is worth his or her weight in gold. They are able to get you the right legal representation and make sure that you are on the correct side of justice. They are able to make the case easiest for you, in that many cases do not necessarily go to court because they are able to find a settlement that both parties are happy with. They tap into their skills and abilities. Some forget that any person in the United States is legally free to represent themselves. They do not have to hire a lawyer, but this is not a very common thing to do. The reason is often that, unsurprisingly, they do not have the experience and knowledge to be able to represent themselves. Like any industry or trade, this is why you hire someone who knows what they are doing. The law is a little different than plumbing. You hire a plumber because he is an expert, just as you would with a DUI lawyer. The stakes are a bit higher with your lawyer. For many clients, they want to be involved in the process. Involvement in the process gives clients a greater sense of control and confidence. Because there is so much at stake for the client, they likely do not want to just sit in the passenger seat and let the lawyer do their thing. Some people may want this. But for those that want the confidence gained by getting updates on their case and to be asked for advice, they want to find a law firm that allows for this. Law firms like ours are grassroots, smaller firms that make us nimble and speedy. We are able to do things as a more centrally focused law firm that the big, sprawling law firms are not able to do. One of those things is to involve clients in the process as it is happening. I know that I would want this. I am a worrier. If I felt like I had no involvement, it would tear me up. This is not just symbolic. It an actually make the case stronger too. The court is likely to have heard a case at least somewhat similar to your case, but they have not heard your specific case. Working with the DUI lawyer allows greater communication and transparency. Through this, the nuances and conditions of your specific case are able to shine through to the court, revealing the circumstances of your situation. This will reveal the uniqueness of your case. Work closely with your lawyer. It will make the process of going through these legal proceedings much easier and more manageable. =================gtg ==================gtg Peek backward over the last 7 days of your working life. Without spending too much time, take into consideration each moment in each day that you could have slipped, fallen, had something fall on you, slice yourself, or else otherwise harmed yourself. We in all probability narrowly evade injuries every day because of luck or divine intervention. This is simply a fact of life, there is not much we can do by worrying about it. Nevertheless, what would you have done if the worst had happened? If you had slipped with that pair of clippers and then cut your hand from knuckle to knuckle? Of course, you would have gone to the emergency room, but then what? Would you suppose your employer is going to instantly stand up and then promise to pay all of your bills? If so, best of luck and I envy you! If not, read on. The foremost thing to know in the event you are injured on the job is that there are laws in place to make certain you are not taken advantage of. Your boss can’t shrug his or her shoulders and say that you ought to have been more watchful. In contrast, except for in extremely precise circumstances, he or she is accountable for most of your expenses including workman’s compensation. There is a wide range of information on the world-wide-web about the different responsibilities of your boss in the unfortunate event you are injured. There are many statutes and regulations concerning personal injury law. As the majority of us do not read legal books as a hobby, in the unfortunate event that you are hurt you may have to contact a personal injury lawyer. This educated expert can seek damages for you, which means you can focus on your healing. Even if you are well versed in the legal particulars, you will probably have no desire to sit in every discussion required to pursue compensation. Many personal injury attorneys work on a percentage basis, so if they can not recover your damages they do not get paid. Now, this is all well and good, but more than likely the person reading this is in excellent health and has not been injured at their job. That is good, needless to say, but how prepared are you if it does happen? Just like we do our best to put aside money for a rainy day, we should be ready for other circumstances too. You and your family should look for a good personal injury lawyer before you are injured. That way, all you need to do is rest and get better, and let your attorney do the work for you. Good luck, and stay safe! ==============gtg The very first thing you must do if you happen to be in a car accident is to keep a record of the accident. You have to make sure that you swap driver details with the other parties that are involved in the accident. This includes insurance, license plate numbers, and driver’s information. Ensure that you know the other party’s insurance company details. Try and obtain a police report of the car accident from the police if they are called on to the scene. Having documented the accident and exchanged particulars with the other side, it’s best to subsequently speak to your insurance company. They need to be informed in order to go through the process of having an insurance claim processed. Familiarize yourself with the exact stipulations of your insurance policy. After contacting your insurance company you should visit a medical professional. You’ll want to have a health check-up to find out if you have any problems. It is vital that you obtain a doctor’s report if you have received any personal injuries due to the accident. There may be a spinal cord injury as well. This may cause partial paralysis or nerve damage and persistent pain. This can be very frightening in the event you suffer paralysis! How terrifying it would be to suffer from a spinal cord injury that causes paralysis. When you’ve suffered something severe like this, you should be able to obtain sizable compensation. Drivers should get a copy of the police report of the car accident. Law enforcement agencies typically allow people concerned to obtain copies of their reports for insurance purposes. Then, policyholders should be aware of the limit of their car insurer’s protection. The company’s fine print and conditions come into play at this point and being very aware of what they are saying is essential for any car accident insurance claim to be successful. The insurance firm will most definitely offer you a settlement which can often be very low in comparison with the amount you really deserve. Take your time to think about just how much the settlement should be valued at. You can solicit the services of an independent insurance advisor as they will be able to offer you a figure once they have gone through your documents and therefore they will provide you with the right estimate of what you should be compensated. Car insurance relies on the principle that it’s bought by a policyholder who hopes to never even use it. Insurance offers significant protection to a car owner who understands the risks which are present when on the road as a driver. In a way, it gives policyholders a feeling of security. Should an accident occur, a car accident insurance claim performs a crucial function in the recovery process of the victims. An insurance plan would insure a large amount, if not the total amount, of medical bills as well as repair costs. Some insurance policies even insure loss of revenue or even the destruction of personal objects. Insurance gives injured individuals one less thing to fret about after a car crash. You can start your pursuit right now for accident insurance claim plus car injury claim advice. Call our Law Firm today for a free no-obligation consultation. =================gtg Have you been injured, but are hesitant to discuss it with a personal injury lawyer because you do not have any money? Choosing a personal injury attorney mostly isn’t as expensive as working with other sorts of lawyers. Here are many tips to remember as you interview as well as talk with accidental injuries law firms: Initial Consultations Are 100 % Free Personal injuries lawyers do not bill you for the chance to discuss your case. You may enter, explain what occurred, as well as converse the pros and cons of your situation, as well as how much the lawyer thinks your case may be worth and just how much time it might take to get compensation. Law Suits Are Undertaken “On Contingency” Car accident law firms will generally take your case on what is known as a “contingency fee basis.” You aren’t required to pay for any attorney’s charges until you recover against the party at fault or their insurance firm. When there is no recovery in your case, you do not pay any lawyer’s charges. In the event you do arrive at a settlement, the attorney then charges a share of your overall compensation for attorney’s fees. The exact contingency portion you will be billed differs from one location to another and from one sort of suit to another. Percentages sometimes vary according to how much of a recovery danger the law firm thinks the claim is. If you cannot choose a law firm to take your personal damage suit on a contingency fee basis, some attorneys will pursue a lawsuit charging an hourly fee, invoiced monthly. The lawyer would be paid this amount no matter whether you are successful in collecting on your damage. However, be careful that failing to find a law firm to take your damage lawsuit on a contingency charge basis is generally a sign that you do not have a very good claim. Whatever payment structure both you and your lawyer agree with, there are costs that are incurred in following a lawsuit that should be paid for. Getting Your Expenses Paid As You Go Personal injury attorneys generally pay the expense of putting together your lawful claim, such as: Copies of police records Medical records Office expenses such as copying Deposition fees Court submitting fees Investigator fees Expert witness fees The lawyer pays these expenses as they crop up, after this you reimburse the attorney for these charges from your payout. It is obviously a risk on the attorney’s part, so it is a good sign that the lawyer considers you have a strong lawsuit. In some lawsuits in some states in America, a law firm might agree not to request reimbursement in case your claim does not produce a settlement. It is important in case you make an agreement with a law firm to advance expenditures which you know how and when the expenses will be paid back. Commonly, a lawyer’s contingency fee is dependant on the gross settlement sum, prior to charges are subtracted. It is regarded as illegal in some states in America for a lawyer to advance the charges of your medical care. Nevertheless, a great personal injury attorney may be able to assist you in finding resources of short-term financial loans if you cannot borrow from friends or relatives to pay your medical expenditures. When You are Not Satisfied With Your Attorney Individual injury litigation is often slow, and if you’ve been injured you’re likely to have financial demands to decide the case as soon as you can. For many individuals, this means discontentment and frustration with their attorney. If you’re worried about the improvement of your case, get an appointment to talk with your lawyer, and be honest regarding the level of your annoyance. Inquire specific queries about when you might anticipate seeing results, and what the lawyer sees as the holdups in a settlement. If you are not happy with the replies you get from your law firm, there is nothing wrong with talking with another law firm for a “second opinion.” When you interview one more lawyer, listen very carefully to how the attorney responses your questions regarding how he or she might deal with the case in a different way. If you choose to switch law firms, you will want the new law firm to contact your current attorney to make the arrangements. Your current attorney is not permitted to do anything whatsoever for transferring the case which can harm your case. The lawyers will work out the details of the record transfer, as well as manage any financial agreements that must be made. If as well as how much you’ll owe your present law firm would depend on: How far you’ve advanced in your case How much work your current attorney has put in State laws In a few states, law firms are permitted by law to put a lien on your court file for the money you owe them when switching lawyers, with the lien to be paid for when the claim settles. Transparent correspondence is the key to working with your attorney. If you are interacting, your law firm will know what your anticipations are and can keep you updated in the process. Cooperating with your law firm is the simplest way to ensure that your personal injury suit will be successful. For help with all kinds of personal accident injury, call our Law Firm. A car accident attorney could get you the compensation you deserve. Contact us today for a free preliminary consultation. ===============gtg If you were recently involved in an automobile accident, you may have incurred thousands of dollars in car repairs and medical costs. You might also be coping with lost wages and stability. You need not bear the expenses for a mishap that is not your fault. A victim of any sort of accident can file a claim making the other party liable to compensate them for injuries and damages. The seeking compensation, also called injury settlement, is a long and tiring process. After all is said and done, you might only get a part of what you are actually entitled to. For this reason, experts always advise working with a car accident lawyer. What does a Car Accident Attorney do? A personal injury lawyer handles the legal formalities ensuing from your car crash. Failure to provide necessary documents can cost you a huge portion of the payment you are entitled to. A legal professional evaluates a claim before submitting it. He examines bodily injuries and vehicle damage to rule out foul play or purposeful damage. An auto accident attorney prepares and compiles the essential legal documents to be submitted for a claim to be processed. Not all, but a handful of insurance companies give lawyers a hard time. These people inform lawyers that the policy will cover either medical expenses or car damages but not both. They convince the victim of the accident to settle for a small compensation rather than not getting anything at all. An experienced attorney, having worked on similar cases before, knows how to deal with insurance providers. The attorneys put pressure on the insurance company and ensure you receive your rightful compensation. They save time and work. Personal injury lawyers arrange experts to give testimony during courtroom proceedings. An accused in a car accident can also use the services of a personal injury attorney. As an agent of the accused, the attorney will try to get the minimum penalty. He will mention facts in your favor and therefore work to reduce the compensation amount. He will scrutinize medical and auto bills to be sure to do not pay more than you are liable for. Generally, attorneys will try to settle cases out there of court. It is simple to find a car accident lawyer. Most legal professionals work for a firm but a few practice independently. Locating one should not be difficult. You can search phone directories. Attorneys are often categorized according to their specializations. Online professional directories are another destination to look at. The expense of hiring a personal injury legal professional works out to approximately the same as finding a foreclosure attorney or bankruptcy lawyer. However, total costs may differ based on how the attorney charges you. Some attorneys charge on an hourly basis while others charge a percentage of the total compensation awarded to the client. The client needs to pay costs for office supplies, distance phone calls or expert witness used during litigation. ======================gtg Many people don’t get a car accident attorney due to car accidents. If someone is injured in an accident and someone else is at fault, obtaining an attorney may be required in order to acquire a just settlement. To do so, lots of things should be done such as submitting proof that will establish facts in regard to the negligence of the other party that resulted in such a mishap. Arguing accident cases to obtain exactly what is desired is difficult. It doesn’t help that insurance companies attempt to avoid paying claims. Many accident victims don’t have any idea on the precise amount of money that they may be in a position to acquire from the injuries suffered. Sometimes, with the use of relevant tools like an injury settlement calculator, they can perhaps obtain a rough amount on the financial value of a claim. The only downside is that the tool only determines the original calculation and cannot normally provide the final negotiation value. It seems too inappropriate to believe that by just merely using this tool, anyone can determine the real settlement value of a case. Actually, to be able to reap the greatest worth in settlement phrases, it takes more than a sheer calculating tool. It needs a more in-depth understanding when it comes to the subtleties of a specific accident case and an accident attorney will know several aspects such as injury evaluation, deciding the severity of the suffering and pain, focusing on how insurance companies work to their advantage and settlement discussion. The lawyer and victim need to understand the complete process. Though the injured party may know the possible worth of the claim, they may be unfamiliar with the proceedings and the risks of obtaining the desired settlement value. Some people aren’t awarded compensation at all. Going through the process without an attorney can sometimes give insurance firms high hopes of winning the case. On the other hand, with the right knowledge and expertise, an attorney can provide a greater threat to the defending party and give a much better chance for a fair settlement from the claim. Furthermore, attorneys can help take some cases to the court. Most claim cases don’t lead to trials. Bringing cases to the courtroom is costly and very time consuming and sometimes it requires years to finish. When negotiations don’t work, cases are brought into court. Typically, insurance companies don’t want to go to trial. Aside from the fact that a settlement would cost less, it can settle claims in less time. Car accident attorneys can be used as a bargaining piece to raise injury claims and perhaps bring a quicker finish to a trial. In the end, the attorney knows the best approach for a case. While the consumer should know about the potential worth and methods about filing a claim, they also need to be sure they have the right attorney in order for the case to go in the client’s favor and to receive the right amount of compensation. ===================gtg There will always be car accidents as long as there are unperceptive, reckless and intoxicated drivers on the road. These mishaps result in serious injuries or in grave cases, death. Victims who do not know their rights and the legal procedure that follows are helpless in such a situation. You can actually avoid many legal and financial problems if they hire a car accident attorney. People should not panic immediately when they are in a car accident. They should always keep their cool to enable them to deal with the situation properly. Here are some tips you can share with friends and family should they get into an auto accident. Print it out and keep it in the glove compartment. It might come in useful when such an occasion comes up. Make sure you get medical help Make sure you and your passengers are okay. You should also see if there any passengers injured in the other car. Call 911 immediately if someone is injured in the accident. You should still seek medical help even if no one looks hurt. You might not know it but someone might actually be suffering from shock or undetected internal injury. Exchange information with involved parties Approach other individuals involved and exchange information. Take note, however, that you should not discuss the accident with them. Get their personal information such as their name, phone number, address, insurance coverage company as well as his or her policy number and insurance agent. Check to see if there are bystanders who saw the accident. Their testimony can be valuable if you and the other person disagree about what happened. Be observant and look around for important details about the accident You can actually help your car accident attorney by providing details about the scene. Take note of the license plate of the other driver in case he or she flees. Look around for witnesses and point them to the police. Demonstrate to them skid marks, car parts, broken glass, and more. These details are very important evidence for investigating car accident attorneys and police. Take pictures of the landscape A disposable camera in your glove department is advantageous for occasions such as these. You can even use your camera on your cell phone. Take photographs of the scene and destruction to all vehicles involved in the accident. Keep in mind that images can give a good account of what really happened. Talk with police officers! This really is one important rule for those involved in vehicle accidents. Tell the police officer exactly what happened. Wait for the results of the official investigation. You may be surprised to determine that you were not the cause of the accident after all. Get a copy of the accident record A report of the crash will be made following a thorough investigation. Check these documents for errors or omissions. Your lawyer can get this for you or you can request it yourself from the police. Additionally, there are legal representatives who can help people involved in a motorcycle accident. Like car accident attorneys, a motorcycle accident attorney directs sufferers to the best intervention for their situation. A motorcycle accident lawyer can help victims retrieve compensation from the responsible party as well as provide aggressive representation in the courtroom hearings. ===================gtg

October 29, 2026October 29, 2026 Frank PichenLeave a comment

more law 8/31/2020 – Construction Accidents / Wrongful Death / Car Accidents / Tire

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

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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August 31, 2020February 2, 2022 Frank PichenLeave a comment

legal 8/31/2020 new – Personal Injury / Pharma Wrongful Death / Nursing Home Abuse / Birth Injury / Drunk Driving / Defective Products / Crane & Construction Injury / Workers Comp – 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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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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August 31, 2020February 2, 2022 Frank PichenLeave a comment

8/31/2020 law – Insurance Adjustors / Personal Injury / Vehicle Accidents / Truck Accidents / Burn Injury – gtg

Common Challenges You Will Face

The most common obstacle on the way to compensation is the insurance adjuster. If your injuries are severe and expensive, you may rely on the adjuster being hard on your case. These insurance adjusters do it for a living, and they know how to throw the blame on the victim or to deny the claim if they may show that the victim was even remotely liable for the damage. They may lessen the compensation if it is shown the victim was the cause of a part of the accident. By placing the blame on you, the insurance adjuster may stand to save his firm thousands, perhaps millions, of dollars that you would be entitled to. Insurance firms measure success in terms of profits, not harmed victims that they aid.

Insurance adjusters will many times give the unsuspecting victim a settlement offer, which is not adequate compensation for the damages you have incurred – especially when the victim is not an attorney. The sole reason the insurance firm makes this kind of settlement is to low-ball you. They already know that eventually, they will pay more if it goes to trial, and are trying to save themselves money. Most probably, if you received such a settlement offer, then you are entitled to much more than they offer. Do not sign any documents that will give the insurance firm a waiver from future suits without first consulting an attorney. If you sign the waiver of responsibility or agree to give up your legal right to sue, then there is nothing any attorney in the world may do to aid you.

Eyewitness Accounts and Testimony
Reality as recalled by witnesses is a matter of perception, and in most crashes, there will be more than one version of what occurred and who is liable. If this is the case in your vehicle accident, you must have physical evidence to substantiate your story. Finding this physical evidence requires the trained eye of a professional investigator. Without adequate legal help, victims many times may not discover vital physical evidence. If you try to rely solely on your testimony, you will not be able to show your case and recover the compensation you deserve. Our vehicle accident attorneys are skilled in the art of investigation, and our firm undertakes a thorough review of all the facts of your case as soon as our firm is hired. Our firm discovers the physical evidence and testimony to prove your claim.

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The Elements You Have To Establish in a Claim
The first thing a vehicle accident attorney has to show that the defendant owes you a duty of care to use precaution to make sure that they don’t harm you. The law establishes this level of care, owed from one party to another, depending on the circumstances of the situation. Showing that the defendant in your case owed you at least a basic duty of care would very probably be quite easy since nearly all the drivers have an obligation to drive safely as a reasonable person would. Chances are that this “reasonable party standard” applies to the defendant here.

After your vehicle accident attorney establishes that the defendant in your case owed a duty, you must show he has breached that duty. In almost all cases, it will require showing that the defendant was driving in a manner that a reasonable party would not. If the defendant drove unreasonably, even for a moment, he may be liable for consequences. Showing that the defendant breached the duty of care requires that you bring proof to the court of law to establish exactly what the defendant did or did not do. The jurors in your case will consider the physical evidence and proof that the rest of the circumstances surrounding the defendant’s actions to decide whether the defendant’s conduct was unreasonable.

When the parts of duty of care and breach have been shown, you must show that the defendant was negligent and that negligence was the cause of your injury or loss. Showing negligence is not enough to hold the defendant liable for any injuries. You must also show that the negligence was the cause of the wreck. In a motor vehicle accident, there are many times several parties who may be responsible. The defendant, as an excuse, may use other drivers, or pedestrians, and even something in the road. The defendant in his case very probably will not be the sole one who may escape responsibility by convincing the jurors that a third party was the cause of the accident, that you had a preexisting injury, or that you have was the cause of your own accident. It is vital to have sufficient physical evidence to show that it was the defendant’s behavior that harmed you. It is another reason you need a knowledgeable vehicle accident attorney.

Compensation for Damages
You must then have your vehicle accident attorney show damages. “Damages” does not refer to your bodily injuries. Instead, it refers to the financial value of your injuries you want to receive from the defendant if you win. To show what you deserve to receive, you calculate exactly what you need to pay all your losses and injuries and provide physical evidence of your injuries and losses to support your calculations. Losses such as pain and anguish, lost wages, loss of earning capacity, health care bills, and repair bills may be recovered. When you’re busy calculating how much you think you have in damages, the defendant is doing likewise. They always calculate it as less than what you figure. The defendants argue that in reality, you want more than you deserve for your damages and that you’re looking for easy money. To show the jurors that the amount you requested is legal, right, proper and that the defendant’s statement is nothing but a last-ditch attempt to escape the responsibility, you must have proof of loss available to support your calculations.

Figuring the total amount of compensation is critical because you have one chance to claim whatever you’re entitled to. This may be hard unless you have the knowledge to do so. How may you put a price tag on intangible losses such as pain and anguish? In calculating the loss of earning capacity, how to account for hypothetical raises and promotions you would have earned if you had continued to work? How do you calculate how much all your health care fees will amount to if your treatment is still continuing? Our vehicle accident attorneys know how to justify and calculate all your damages to make sure that you recover as much as possible.

In some kinds of cases, the jurors may be wary to view your request for compensation in a positive light, even if the claim is justified. In particular, it happens in regard to soft tissue injuries like muscle strains, tendon hyperextensions, sprains, and things like whiplash because they cannot easily be shown to other injuries such as broken bone or cut limb. Soft tissue injuries may many times hide most of the injuries that could take several months of rehabilitation to recover. If you have incurred a soft tissue injury, you need a vehicle accident attorney to convince the jurors of the seriousness of the harm to you. Our lawyers have developed a Rolodex filled with expert witnesses in every branch of medicine that may really attest to show their injuries, to even the most skeptical members among the jurors, so that our firm may show the damages that are owed to you.

Many Parties Could Be Liable

In many road wrecks, several parties can be the cause of or what contributed to the chain of events that was the cause of the vehicle accident. If your vehicle accident was the result of a drunk driver, whoever served the driver beyond the point of intoxication may be held liable because of Texas dram shop laws. If a mechanical problem was the cause of the wreck, the manufacturer may probably be held liable in case of product liability. If several parties were the cause of a crash, then separate lawsuits must be brought against them, and damages must be determined by the degree of responsibility of each party. Properly allocating blame and the exact amount of damage is very complex, and it takes a well-seasoned vehicle accident attorney to make sure you get what you deserve.

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When the Vehicle Accident Was Fatal

Losing someone in your life to a fatal vehicle accident is a devastating event. Our firm understands that you’re probably dealing with more than you think you can handle. The fact of the matter is that you deserve compensation so that you may take care of surviving family members and loved ones. Under Texas wrongful death law, a civil legal action for negligence and/or wrongful death will usually involve two kinds of damages and the possibility of several different claims. The damages available are damages for wrongful death or survival damages.

Compensation for wrongful death will include all the pain and anguish (and that means both financial and emotional) that the plaintiff has incurred and still incurs because of the death of the victim. The deceased’s loved ones can claim these sorts of damages. Any number of claims for damages may be applied for in a wrongful death legal action. These sorts of injuries frequently are:

Funeral bills
Compensation for the absence of companionship and consortium by reason of the death of the victim
Absence of financial support provided by the victim before death
Compensation for psychological and emotional anguish that was the cause of by the absence of a family member
Survival damages are all the damages the victim might have claimed in compensation if he had survived the vehicle accident. The plaintiff who is a survivor has the ability to pursue injury damages, standing up for the victim who died and representing them in court. In most claims, the plaintiff who is pursuing these survival damages will of course also seek damages for wrongful death. There may be sole one survival damage claim for a wrongful death legal action since there is sole one personal injury legal action to inherit, and the closest and most direct living relative typically inherits that claim. These are:

Physical pain and anguish
Loss of future earnings potential
Any damage to property
The mental and emotional damage that was caused by the incident
Any health care bills paid before the victim’s death
Compensation for disfigurement or any other long-term injuries
Absence of wages from time spent in the hospital

Wrongful death damages and survival damages claims are different and each must be sought through unique legal and strategic tactics. Also, each legal action of wrongful death is sought in a trial and must be treated separately as plaintiffs generally have basically little variance in the amounts of damages. Such damages must be shown on an individual basis. Before examining your legal opposition, the prosecution of such lawsuits is complex and technical. Most non-lawyers simply do not have the knowledge and or knowledge of administrative procedures needed to file these sorts of lawsuits effectively. Our firm has seen countless tragic stories about non-lawyers filing their own legal action for wrongful death and then forgetting a minor detail, resulting in a court of law order to lessen damages or even cause the claim to be thrown out.

Do not let it occur to you. Texas fatal vehicle accident attorneys and the other lawyers in our Law Office have over twenty years of knowledge in Texas wrongful death law, and our firm will be sure to cover all the bases at your trial and not have any loopholes that allow a defense attorney to get your claim thrown out. Our firm may aid you to obtain proper compensation for your family members. However, our firm will also do everything to force the defendants to reform their actions so that your family member’s death was not in vain. Our firm hopes to make sure they avoid such fatal auto wrecks in the future. It is an important part of the Texas wrongful death legal action, and our attorneys do not let it to go neglected.

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Vehicle Accident attorney Offers Options

Our vehicle accident attorneys will aid you in recovering from your vehicle accident and injuries by making sure that damages you deserve. Our firm may facilitate the hard legal process by offering a variety of services for you, including:

Filing your legal claim, or assume the negotiations if you’ve already filed.
Acting as a buffer between you and the insurance firm, intercepting all communications with the insurer on behalf of the client.
Take on all the casework, so you may focus on recovery.
If you are without health insurance or may not afford a doctor, our firm will discover health care with a payment plan that is manageable.
Conducting thorough investigations by providing a photographic or video documentation, getting the location of witnesses and taking testimony, examining all vehicles involved in the wreck, measuring the distance between the skid marks, scouring police reports, collecting forensic physical Evidence and cataloging of all physical evidence so it may be used in a court of law.
Helping you avoid the uncertainty of facing the jurors by obtaining a just settlement of the insurance company.
For two decades, our lawyers have dedicated our practice to doing everything in our power to fight for the legal rights of our clients. We seek to get them the compensation they deserve for their injuries. Our firm will aid you in getting the compensation to which you are entitled, as our firm has for many others injured Texans.

Vehicle Accident Attorneys Can Help
Without the advice of a qualified vehicle accident attorney, you will probably be disappointed. Our vehicle accident attorneys have been helping auto accident victims to receive the compensation they are seeking for two decades.

If you or a family member has been injured, contact us for a free consultation and learn how our firm may help you too. Our firm will answer all your concerns and questions about your case and help you to feel more comfortable with this situation you’re facing.

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If you’re searching for a team of skilled and dedicated attorneys to lead you through your legal maze look no further than our Law Office. Our team has been recognized by our peers. It has taken our Law Office twenty years of hard work to get there.

Our capable team has built a reputation among our clients and colleagues as dedicated, ethical and fierce defenders who capitalize on every personal injury case to get the fairest compensation allowed.

Our Law Office has successfully litigated thousands of cases including personal traffic accidents, commercial vehicle wrecks, on-the-job accidents, and wrongful death cases to name a few. Take a look below at some of our most notable cases. These are cases where we successfully sought justice for victims and in turn, gained the respect of some well-known insurance companies that were brought to justice as well.

Some of Our Most Recent Successful Cases

– Confidential Recovery – Wrongful Death / Commercial Vehicle Accident(policy limits) – Our firm was hired by the wife and children of a retired Army Colonel who was killed in an underride 18-wheeler accident. In addition to being a decorated veteran, the decedent worked both professionally and on a voluntary basis to establish numerous learning institutions and vocational programs for at-risk youths. The accident occurred as the decedent was traveling on a rural highway when an 18-wheeler failed to yield the right of way and made a rolling stop through a stop sign.

This placed the trailer of the 18-wheeler in a position whereby it blocked the entire roadway and shoulder, leaving the decedent no option but to collide with the trailer. Witnesses on the scene attempted to revive him but to no avail. Furthermore, while two female eyewitnesses struggled to pry open the decedent’s door to provide emergency care, the truck driver stayed in his truck and offered no assistance. Despite what appeared to be an incredibly apparent case of negligence on behalf of the defendant, defense counsel refused to accept liability resulting in rather lengthy litigation.

The defendants initially denied the claim based on the allegation that the decedent was speeding and the truck driver therefore could not adequately gauge the amount of time he had to pause at the stop sign. The physical evidence contradicted this notion entirely, notwithstanding the fact that even if the decedent had been contributorily negligent, that would not have outweighed the severe degree of negligence on the part of the defendant. Nevertheless, our attorneys were able to conclusively refute this argument based on eye-witness testimony and the testimony from police investigators who calculated the decedent’s speed to be precisely at the posted speed limit. In a desperate and largely unprecedented move, the defendants then designated the state as a responsible third party.

Generally speaking, a defendant will often threaten to designate a third party in order to leverage their position but it is rare that such an arbitrary and arguably frivolous designation is actually carried out. However, that is precisely what occurred and the state was thusly incorporated into the lawsuit by the defendants. The basis of the defendant’s argument was that the state erected a large street sign that obstructed the truck driver’s view of approaching traffic.

Several months of intense litigation were required before the defendant finally acquiesced in regard to this argument. The argument was finally abandoned by the defendants when in the first mediation our attorneys presented video footage shot (in a controlled setting) from the perspective of an 18-wheeler driver which showed that the sign simply did not obstruct enough of the roadway in order to be a hazard. The case was ultimately resolved through litigation.

– Confidential Recovery – Wrongful Death / Commercial Vehicle Accident(policy limits) – Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.

– Confidential Recovery – Wrongful Death / Automobile Accident (policy limits) – Our firm was hired to pursue an intoxicated driver who killed an elderly school crossing guard. The fatal accident occurred as the decedent was escorting a woman and her child across the roadway through a crosswalk. The defendant then sped through the school zone, in an intoxicated state, and struck the decedent who died on the scene.

The family hired our firm to investigate and pursue the defendant under a wrongful death cause of action. Following our investigation and preliminary vehicle inspection, our attorneys issued a Stowers’ demand to the defendants. A significant factor in resolving this claim is that merely days before we submitted our demand to the defendant’s insurance carrier, we won a large case against the very same insurance carrier, which was one of several such victories secured against the carrier in our firm’s history. Our threats of litigation were therefore heeded and the defendants offered policy limits to settle the claim without the need to file suit.

– Wrongful Death / Automobile Accident – Our attorneys were hired to represent the family of a middle-aged woman who was killed in a car accident. The incident occurred as another vehicle struck the car that the decedent was a passenger in, head-on on the passenger side. The impact resulted in catastrophic injuries that claimed the life of the decedent.

Our attorneys were hired soon after the accident and we launched a full investigation. Through the course of our investigation, it was soon determined that the head-on collision was caused a failed component in the defendant’s vehicle (the particulars of which cannot be elaborated upon per the resolution agreement). A suit was filed against the manufacturer of said component and litigation commenced. The case was successfully resolved through litigation.

– Wrongful Death / Truck Accident – An elderly man was killed when a criminally negligent truck driver rear-ended his vehicle as the man yielded the right of way to other traffic. Throughout the course of litigation, the defendants fought to deny liability. Through our diligent investigative efforts, we unearthed damning evidence and mounted an aggressive litigation strategy. Arguments were so persuasive that by the conclusion of litigation the defendant’s attorneys acquiesced wholly with regard to liability.

– Wrongful Death (Workplace Accident) – The family of a deceased factory worker hired our firm following a fatal loading dock/ 18-wheeler accident. The events unfolded as an unqualified driver reversed an 18-wheeler into the loading area of a major manufacturing concern and backed over the decedent, crushing his body. The case was filed in arbitration and litigated for approximately one year. The defendants asserted that the decedent was the sole proximate cause of his injuries. To support this assertion, they pointed to a number of allegations, but primarily counted on the claims that the decedent was not wearing a provided safety vest and that an audible reverse indicator was present in the reversing vehicle. Through discovery and an exhaustive investigation and onsite inspection, we were able to successfully counter these arguments and determine the number of theories of liability.

The safety vest argument was diffused through the testimony of our consulting expert witness who verified that the type of vest that was offered by the defendants was not of the variety that was OSHA approved and that even if the vest had been worn it would have proven entirely ineffective due to several optical shortcomings. In particular, the reversing truck had to back through a doorway that resembles a garage door found in a mechanic shop. The width of the door relative to the width of the tractor-trailer left only a narrow valley of visibility on either side of the trailer by which the mirrors could only reflect what was immediately in line with the space between the door frame and the trailer, on either side of the vehicle. Therefore, for the mirrors to be effective, the decedent would have had to have been standing in one of the two narrow valleys, which would have placed him in a position that where could not have been injured in the first place. In other words, the only place that the mirrors would allow the driver to see was the very place that there was no danger. Furthermore, if the mirrors could not see the worker wearing the vest, then clearly the vest was inconsequential, notwithstanding the fact that the vest was not approved for such use. Additionally, even if the mirrors could display the area where the worker was standing and even if the worker was wearing the vest, the type of vest in question was of the variety that it only reflected light back to the source. As such, the overhead lighting was not sufficient to illuminate the vest. Only headlamps, or other such projected light sources, would have illuminated the vest. The final blow to this argument was that in deposition testimony the defendant admitted that he did not use his mirrors. With regard to the audible reverse alert system, our consulting expert in the field of audiology analyzed sound measurements taken on location and concluded that the ambient noise of the facility drowned out the noise of the alert system such to render its effects nil. Additionally, we contended that the noise-canceling headphones worn by the decedent in compliance with stated company policy rendered the alert system doubly ineffective.

Through discovery, we learned that the defendant driver did not have a commercial driver’s license and the defendant’s liability arguments waned. The case was eventually resolved through litigation. The decedent had signed a binding arbitration agreement prior to his death which, naturally, resulted in the lawsuit being filed in arbitration as opposed to the conventional court. Also featured in the binding arbitration agreement was an option for the surviving spouse to accept a one-time payment in lieu of filing suit against the employer. At our recommendation, she declined their initial offer and we were eventually able to recover 10 times greater compensation.

– Wrongful Death / Commercial Vehicle Accident – The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.

Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.

Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant’s launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver’s best efforts.

We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.

The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer, we established that there was absolutely no indication at the scene of the accident that a tire had blown out.

Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent’s death was that she was essentially pummeled by cargo that broke through the trailer and struck her person.

Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.

– Confidential Recovery – Wrongful Death / Premises Liability – Facility sued for negligent contribution to the death of an innocent bystander. A fatal shooting occurred on the property after the facility failed to appropriately respond to outbursts of violence & gang activity. Following the young man’s death, his parents hired our firm to pursue the facility for their negligent actions including failure to provide adequate security. The case was successfully resolved through litigation.

– Commercial Vehicle Accident (Back Injury Requiring Surgery) – Plaintiff suffered a back injury resulting in spinal fusion surgery when her car was rear-ended by an 18-wheeler. The defendants argued that the accident was unavoidable, thus denying liability. Litigation commenced and the case was satisfactorily resolved soon thereafter.

Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries) – A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.

Wrongful Death / First Party Dram Shop – A young woman lost her life after a bar over-served her to more than three times the legal limit resulting in her burning to death in a single-vehicle accident. Witnesses stated that she was so intoxicated that she could barely make it to her vehicle without assistance. Through litigation, our attorneys ascertained the necessary evidence to prove that the establishment provided alcohol to an obviously intoxicated person, thus resulting in her ultimate demise.

– Workplace Accident (Closed-Head Injury) – A painter fell from an apartment balcony resulting in a closed-head injury and other minor bodily injuries. The case was successfully resolved through litigation against the plaintiff’s employer and the general contractor.

– Commercial Vehicle Accident (Back and Neck Injury) – Recovery for driver struck from behind by 18-wheeler: Driver sustained back and neck injury.

– Commercial Vehicle Accident (Back Injury Requiring Surgery) – Plaintiff, a delivery driver, suffered a back injury resulting in spinal fusion surgery when he was injured in an accident involving falling cargo from an 18-wheeler. The defendants cited the plaintiff’s failure to take evasive action as a source of contributory negligence and litigation commenced accordingly which culminated in an acceptance of liability and eventually satisfactory resolution.

– Commercial Vehicle Accident / Motorcycle Accident (Shoulder Injury Requiring Surgery) – An airline pilot suffered a shoulder injury resulting in surgery when he was sideswiped by an 18-wheeler. The case was resolved through litigation, as establishing liability was a contentious matter. The defendants claimed that the plaintiff made an illegal passing maneuver, but the evidence showed that the defendant made a sweeping turn and intruded upon our client’s right of way.

– Wrongful Death / Medical Malpractice – A young handicapped woman lost her life when a long-term care facility failed to provide her with treatment for obvious symptoms of severe illness. The defendants maintained that there were no outwardly visible signs of illness. The medical evidence showed otherwise. The case was successfully resolved through litigation, though damages caps imposed by tort reform were a factor.

– Premises Liability (Brain Injury) – Our attorneys sued an apartment complex in relation to a brain injury sustained by a toddler when he fell through a balcony railing. The apartment complex denied liability, asserted that their railings were in spec at the time of the building’s construction (some 20 years prior), and they claimed that the child’s mother was contributorily negligent in that she did not notice that her child was playing near the railing.

Through litigation, our attorneys countered the defendant’s arguments by showing that the case law does not support the notion of any safety-related concerns in the building code being “grandfathered” in. On the contrary, a property owner has an obligation to keep safety features such as balcony railings within the specs at all times. The railings in this complex were spaced at 7-inch intervals, which was at odds with the now-standard 4-inch interval.

Additionally, our attorneys countered the claims of contributory negligence as a practical matter in that the mother was indeed monitoring the child’s activity and the child literally ran up to the railing and immediately fell through the rails. Alternatively, we argued that the doctrine of parental immunity applied and that the contributory negligence, if any such negligence ever even occurred, of the mother would not be admissible. The case was satisfactorily resolved through litigation.

– Commercial Vehicle Accident (Back Injury Requiring Surgery) – Our client, a middle-aged woman, was injured when an 18-wheeler rear-ended her vehicle. As a consequence of the wreck, she sustained a back injury that required surgery to remedy. Naturally, the defendants denied liability and argued that the accident was unavoidable. Our attorneys filed suit. The defendant driver initially claimed that our client suddenly changed lanes in front of his tractor-trailer and then inexplicably slammed onto her brakes. When confronted with eye-witness testimony and other physical evidence that reflected an entirely different scenario, the truck driver ultimately recanted. The case was successfully resolved through litigation.

– Wrongful Death / First Party Dram Shop – Our firm was hired by the minor child and parents of a young man who was killed in a motorcycle accident after being over-served alcohol at a bar. The plaintiffs hired our firm to investigate the claim on the basis that the decedent was over the legal limit at the time of his death. In initial attempts to settle the case out of court, the defendants denied liability. Suit was filed soon thereafter.

The defendants initially argued that the decedent never consumed alcohol on their premises. Through physical evidence and deposition testimony to the contrary, we were able to conclusively prove that the decedent had indeed been drinking at the establishment.

The defendants then asserted allegations that the decedent’s minor child was not actually his biological child, which would bar his claim entirely. A DNA test was performed and this argument was defeated.

The defendants then asserted the safe harbor defense. Our attorneys argued that the defendants did not qualify for safe harbor protection due to the fact that their servers were not all licensed providers. However, while this element was being addressed, our attorneys focused their attention on addressing the second element of the safe harbor defense regarding the bar’s encouragement of the over-service of alcohol. The defendants claimed that they would never serve the double-shot Bacardi cocktails that witnesses claimed the decedent drank several of. We sent private investigators into the bar to order the same drinks that the decedent consumed on the night of his death and the very same bartenders who over-served the decedent, without hesitation, served copious amounts of alcohol to the investigators, all of which was captured on hidden camera.

Once the safe harbor defense was defeated, the defendants argued that the decedent’s BAC was low enough at the time of his death (as recorded by the hospital) that he would not have necessarily appeared obviously intoxicated to the servers and therefore the bar should not be held liable even if he had been over-served. Eyewitness testimony refuted this.

Additionally, our firm’s testifying medical expert reviewed the medical records related to the emergency helicopter flight that transported the decedent to the hospital after his accident. She determined that the EMS technicians administered numerous blood transfusions while in flight. Armed with this newfound data, our medical expert reverse extrapolated and determined conclusively that the decedent’s BAC was actually in the range of .19-.21 at the time of the accident, though it was drastically diluted by the time he arrived at the hospital, which accounted for the relatively low BAC found in the hospital’s medical records. This testimony proved to be pivotal in the case, resulting in a successful recovery for our clients.

– Product Liability (Back Injury Resulting in Surgery) – A young woman suffered a back injury that required corrective surgery following a boating accident. The boat in question sped out of control and crashed into a landmass, throwing our client from the boat, as the result of a stuck throttle. Upon inspection of the boat, it was determined that a poor design led to the malfunction and a product liability lawsuit was brought against the manufacturer. The defendants argued that the boat was inappropriately piloted, however, the physical evidence depicted the cause of the accident quite clearly and the case was successfully resolved.

– Third-Party Dram Shop Accident (Punctured Colon and Soft Tissue Injuries) – Our client suffered a punctured colon and numerous soft tissue injuries in an alcohol-related car accident. The accident occurred as the defendant driver crashed his car into a concrete median. The plaintiff, a passenger in the vehicle, alleged that the defendant driver was over-served alcohol to such an extent that he was several times the legal limit. As such, a claim was brought against the defendant driver and the bar which over-served him. A settlement was reached with the defendant driver and the plaintiff turned his focus on the bar in question. The case was resolved successfully through litigation. Based on the egregious conduct of the bar and it’s numerous TABC violations, the defendant’s liquor license was revoked soon after the case was resolved.

– Wrongful Death/ Commercial Vehicle Accident – The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.

The plaintiff’s mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.

– Commercial Vehicle Accident (Back Injury Requiring Surgery) – A delivery driver hired our firm to pursue a negligent trucking company following a collision with insecure cargo. Our client was driving his work vehicle when numerous large metal pipes fell from the back of a flatbed trailer onto the roadway. Our client took evasive action but was unable to avoid the debris, which resulted in a fairly severe accident. As a result, our client sustained lower back injuries including two herniated discs which required surgery to correct. The defendants conceded liability early on but would not make a reasonable settlement offer. As such, a suit was filed and the case was ultimately successfully resolved through litigation.

– Wrongful Death / Third Party Dram Shop (policy limits) – An incredibly intoxicated driver drove head-on into a vehicle, killing several of the vehicle’s occupants. The defendants had limited assets, yet an alternative policy was uncovered, which the defendants argued was non-applicable. Under threat of litigation, our attorneys negotiated a settlement for the policy limits.

– Commercial Vehicle Accident / Work Injury (Facial Fractures and Head Trauma) – A loading dock worker suffered serious including numerous facial fractures and minor brain trauma when an 18-wheeler back into him, crushing him against the loading dock. The plaintiff’s employer was a subscriber to Texas Workers’ Compensation coverage, thus a claim was rightly filed against the third party trucking company whom the truck driver operating the reversing 18-wheeler worked for.

The plaintiffs asserted the position that the trucking company in question was liable on the basis of respondeat superior and negligent retention. The defendants argued that the plaintiff was the sole proximate cause of his injuries by virtue of the plaintiff putting himself in harm’s way. They maintained that the plaintiff simply walked behind the reversing tractor-trailer as it pushed back toward the loading dock.

It was later determined through deposition testimony that the truck driver had indeed instructed the plaintiff to stand behind the trailer in order to determine the vehicle’s proximity to the dock. Once this fact came to light, the defendants agreed to mediate whereby the case was satisfactorily settled.

– Wrongful Death / Commercial Vehicle Accident(policy limits) – A young mother was killed in an accident involving two commercial vehicles, one an 18-wheeler. The accident occurred as the young woman was a passenger in a vehicle that was traveling down a highway in the early morning hours. Without warning, the vehicle in which she was a passenger collided with a stalled 18-wheeler that parked in the right of way, resulting in catastrophic injuries that claimed the young woman’s life soon thereafter.

The authorities initially faulted the driver of the vehicle in which the victim was a passenger, stating that he was using an electronic device rather than paying full attention to the roadway. However, the 18-wheeler was indeed blocking the roadway and the plaintiff alleged that the vehicle did not follow the requirements of the Federal Motor Carrier Safety Act in regard to providing adequate reflective or laminated warning at specific intervals. Further, the plaintiffs alleged that the defendant failed to remove his vehicle from the roadway when he first noticed signs of mechanical failure.

Had he simply moved to the shoulder of the road, plaintiffs argued, his lack of adequate warning signs would have been inconsequential. An initial settlement has been obtained in this case, yet litigation has commenced in full against the remaining defendant and is currently ongoing.

– Wrongful Death / Commercial Vehicle Accident – Our attorneys were hired to investigate a fatal motor vehicle accident involving an 18-wheeler that claimed the lives of several men, the family of one in particular which our firm represented, felt that the official version of events as outlined in the police report was not an accurate portrayal of the facts and circumstances of the collision.

Our firm launched an investigation, the findings of which served as the basis for a subsequent lawsuit. We were able to determine that the defendant’s accusations of contributory negligence on behalf of the driver of the vehicle did appear to be valid and the plaintiffs conceded as much. However, the plaintiffs were adamant that the contributory negligence did not entirely overshadow the negligence on behalf of the defendant truck driver.

Through physical evidence and an admission of liability that our attorneys were able to importune from the defendant under oath, we were able to show that the defendant had indeed pulled into the path of the decedent’s vehicle, which was of consequence irrespective of the decedent’s own contributory negligence.

– Workplace Accident (Shoulder Injury Requiring Surgery) – Our attorneys were hired by a delivery driver who sustained a serious shoulder injury when a worker for a third party negligently operated a forklift. The accident occurred as the plaintiff delivered a load of hay bails to a commercial farm.

An employee of said facility attempted to unload the trailer with a forklift. In doing so, he pushed several bales of hay off of the flatbed, over the side opposite the forklift. Consequently, several of the 400 lb (est.) bales of hay struck the plaintiff who was working to disconnect tie-downs on the opposite side of the trailer. This resulted in serious injury to the plaintiff’s shoulder.

The defendants took an aggressive stance and denied the claim, asserting that the plaintiff was the sole proximate cause of his own injuries by virtue of the fact that he was standing in a known dangerous area. The suit was filed soon thereafter. Our attorneys argued that the plaintiff’s ordinary work duties, and indeed the normal protocol for all flatbed delivery drivers, consists of letting loose the materials to be unloaded. We maintained that the true cause of the plaintiff’s injuries was that the forklift operator rushed into unloading the trailer.

Furthermore, the manner in which he unloaded the trailer was itself a contributing element of the defendant’s negligence. The forks that were incorporated into the forklift in question were not compatible with stabbing hay bails; they were ordinary forks that were designed to be positioned below a heavy object that was to be lifted. The case was successfully resolved in mediation.

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Texas Lawyer Discusses Personal Injury Lawsuits

If you have been injured in an accident, you may be eligible to seek compensation for your injuries through a personal injury lawsuit. The state of Texas defines a personal injury lawsuit as a suit brought through a court of law wherein a plaintiff claims to have been somehow injured due to negligence on the part of the defendant. The plaintiff is thereby requesting some sort of financial restitution for those damages.

Put simply, the victim tells the court what happened in an accident and then asks the court to enforce the law and make the defendant compensate the victim for his or her injuries. An experienced personal injury attorney from our Law Office is here to give you a brief overview of how personal injury lawsuits work.

Elements of a Legitimate Personal Injury Lawsuit
In order to have a strong case, your lawsuit must have three factors:

A solvent defendant
Liability
Damages

A solvent defendant means that the defendant in your case has some means of compensation you for your injuries. This can be an insurance policy (most common) or personal assets, including money or physical assets. Without a solvent defendant, you cannot be compensated. For example, if you are somehow injured by a homeless person who has no money, insurance, or physical assets, that person may be liable for your injuries, but he or she has no means with which to compensate you.

Note that in some cases, defendants will attempt to hide their assets from the court in order to appear insolvent. Our attorneys have years of experience investigating personal injury cases, and we have seen every trick in the book. We can make sure that the defendant in your case does not escape justice by hiding his or her assets.

Liability and Negligence
In order to have a successful case, you must also prove that the defendant was (at least in part) liable for your injuries. Contrary to common belief, there are often multiple liable parties in a personal injury case. In some situations, the plaintiff may be partially liable. In these situations, the jury determines the percentage of liability for which each party is responsible. For instance, imagine person A is hurt in a three-car accident involving person B and person C. The jury finds that person A is 10% liable for the accident, person B is 50% liable, and person C is 40% liable. Person A’s damages amount to $100,000. Person A would then receive $90,000 in damages — $50,000 from person B and $40,000 from person C. Person A would be liable for the last $10,000 since he or she was 10% liable for the accident. Our attorneys can help you identify all potential defendants in your case so that you can be fully compensated for your injuries.

Damages
Finally, a strong personal injury case must have damages. If you are involved in an accident caused by a solvent defendant but you are not hurt and you receive no property damage, then you do not have a lawsuit because there are no damages for which you need compensation. But damages include a wide range of injuries. For example, accident victims are commonly compensated for their medical expenses, any property damage, their lost wages from time spent recovering from their injuries, and any lost earning capacity due to long-term or permanent damage caused by the accident. But victims can also receive compensation for the physical pain and suffering or the emotional turmoil caused by an accident.

The amount of compensation a plaintiff can ultimately receive is in the hands of the jury. The plaintiff’s attorneys will present a list of requested damages, and the defense counsel will likely argue that many of these damages are not valid. But the jury determines the total amount of damages, so you need an attorney who can speak the jury’s language and convince them that you deserve compensation for all of your injuries.

Let our Firm of Experienced Legal Professionals Help You
Our firm has been helping victims file personal injury lawsuits for twenty years. We know how to identify defendants, prove that they are solvent, and then convince a jury that you deserve full compensation. We have successfully investigated and litigated hundreds of personal injury lawsuits, and we know how to build a case that will cater to your specific needs. We offer free consultations in which we will thoroughly explain your options to you so that you can make the best decision for your case. In other words, our attorneys are dedicated to helping you get back on your feet as quickly as possible. So if you have been hurt in an accident, do not let the guilty party’s negligence go unpunished. Contact attorneys from our Law Office today, and let us make sure you receive the compensation you deserve.

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Burn Injury Attorney Can Help With Your Situation

Fire is one of the natural elements of the universe that was created by God and it’s probably the most destructive force on earth. An average summer day in Texas can reach as high as 100 degrees Fahrenheit.

Now imagine touching something ten (10X) times as hot. Scientists say the temperature of an average fire can reach 1,000 degrees Fahrenheit. There are only a few things on earth that can withstand the heat of fire and human skin is not one of them. In fact burn victims have been known to suffer nerve damage, disfigurement, and even death as a result of exposure to fire. If you or someone you know has been injured or died in a fire due to someone else’s negligence, call our burn attorneys today for a free consultation.

There are more than two (2) million burn injuries reported every year in the United States. About twenty (20,000) thousand people are admitted to the hospital because their burns cover at least twenty-five (25%) percent of their body. And some of their injuries are so severe that about ten (10,000) of those victims will die from their wounds.

According to the Bureau of Statistics:

Burn injuries are the top cause of accidental death in America after car accidents.
Children who are fourteen and under die in accidental home fires more than any other age group. And it’s the third leading cause of death for adults.
Adults over 55 are injured in house fires more often because they fall asleep by smoking.
The kitchen is the deadliest place in the house for people ages 75 and above because it’s where they are injured most. And people ages 75 and older are more likely to die in a house fire because they might be unable to escape.
Children from birth to 4 years old suffer from hot water scalds more than any other age group.
Newborn to 2-year olds have more emergency room visits due to burn injuries they received in the kitchen and bathroom than any other age group.

Because of the debilitating nature of burns, they are the most expensive injuries to treat. The more of a person’s body that is exposed to burns, the more it will cost to treat them. For instance, a burn that covers just ten (10%) of a person’s body can cost more than $100,000 in hospitalization and physician fees. If the wounds are more extensive, more costs could apply for reconstructive surgery and possibly rehabilitation. In addition to the cost to treat the burns the injured person has to miss days from work. So the accumulation of their injuries, medical bills, and lost wages often can lead to psychological stress and depression. If you or someone you know is suffering from burn injuries due to someone else’s negligence and you need legal assistance, call our burn attorneys today for a free consultation.

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How Burn Injuries Happen
You might have heard about Dallas Wiens’ story. He is the Texas man who received a full face transplant – the first in the United States – after he was disfigured in a work-related accident. Wiens had his face practically melted away and he lost his eyesight after he accidentally touched a power line while he was painting. He recently received a new nose, lips, and the underlying nerves in his face so that he could feel his daughter’s touch on his face again, thanks to advancements in burn injury treatment.

More than one million people in America suffer from burn injuries every year. Whether or not medical treatment is needed depends on the severity of the burn. Most people suffer from simple household burns while they’re cooking, while others might work in an occupation where they are exposed to high temperatures such as in welding, in machinery, or in a restaurant of course. Wounds from a curling iron burn or even sunburn can range from a minor first-degree blister that can be healed by applying aloe vera to fourth-degree life-threatening wounds that require extended treatment.

The severity of the burn depends on how hot the skin gets and the length of time the skin was exposed to the burn. If the skin was exposed to the heat for an extended amount of time there could be nerve damage that prevents the victim’s arms and legs from functioning normally. It also depends on where the burn occurred on the body because the thickness, water, and oil content are different in some parts of the body such as the hands and feet. The skin is thinner around the face, neck, and belly area. All these variations make each burn unique. If a person is exposed to extreme heat or a chemical agent, their wounds might be different than if he or she is burned in a vehicle accident or an explosion. Boiling water, gasoline spills, and electrocutions also can cause different effects on human skin. That’s why there are hospitals that have special burn units that treat only burn injuries. If you or someone you know are suffering due to burn injuries because of someone else’s negligence, call our burn attorneys today for a free consultation.

How Burn Injuries Are Treated
There are more than 130 burn units across the United States. Most of them are housed at hospitals across the country. Some of them only work with children. Long-term treatment for serious burn injuries involves skin grafts. Skin grafts are the process of taking skin from one part of the body and attaching it to the damaged area of the body. Short-term treatments for burns include bandages, antibiotics, and other methods. The effect of these treatments depends on whether or not there were previous health issues that need to be considered.

Insurance policies and Burn Injuries
More than a million people suffer from burn injuries every year which requires emergency treatment due to the negligence of someone else. Burn injuries could lead to nerve damage and limited use of the arms and legs, which is why the cost of treatment is so expensive. A majority of insurance policies are not worth enough money to pay for the average serious burn injuries. It’s because there is a specialized treatment that is needed to repair burn damage. So you might think there would be a special category of compensation for someone who is victimized in this way, but there is not. Some victims suffer disfigurement, mental anguish, and depression because of their injuries. Our self-esteem is based on mostly how we look – or more specifically, how others look at us. So if a person is disfigured by their injuries it could be a life-altering experience.

Burn Survivors of Personal Injury Accidents in the U.S.
If you’ve ever experienced a burn, even for a second, you know how painful it can be. So for someone who is injured in a car accident or exposed to fire for an extended period of time, it can be excruciating. Some people might think they are being burned alive. And that probably is the highest form of mental anguish. It’s hard to bounce back from something like that. In fact, getting back to work can be tough. For some people returning to work is medically impossible.

Personal Injury Lawsuits and Long-Term Burn Care
When someone is burned badly, even if they have insurance most policies don’t have enough value in them to cover the expense it normally takes to treat someone. So the victim is left to figure out how he or she is going to foot the medical bills and if they have been disfigured there will be emotional scars that also should be addressed. Serious burn injuries don’t just heal by themselves. They need to be treated by professional specialists trained in this area. If your burn injuries are due to the negligence of someone else, you owe it to yourself to hire a personal injury attorney who can help you outline your options. Who is to blame for your injuries and how could it have been avoided? Our burn attorneys can help you to figure it out. Our team of experienced litigators will do a full investigation of your case so that you know what your next move should be.

There are three must-haves to a personal injury case:

The victim must show he or she suffered some type of physical, mental, or emotional injury. And in the case of a burn victim that should be easy to do.
The victim must show that the defendant had a duty to do no harm. If the burns came as a result of a car accident, this can mean that the guilty party failed at their duty and caused the victim’s wounds.
The victim must show an economic loss, known as damages, because of the injuries. Damages include financial losses including medical expenses, property damage, and lost wages.

What to Watch Out For: Stories vs. Evidence
Even though a judge and or jury will be emotionally moved by the sight of a victim’s injuries and the story behind the injuries, it’s important to make sure your personal injury lawsuit has all the elements (named above) needed to win the case. When some people attempt to go it alone and pursue legal action by themselves, they may be left without the resources to conduct the best investigation. So it may then prove impossible for anyone to know what truly happened. However, with the help of our burn injury lawyers, our clients can be assured of having a thorough investigation conducted into their accident scene so that the truth of the accident’s cause can be assessed, regardless of what the liable driver may be saying.

Contact our Law Office for a free consultation to discuss the merits of your personal injury burn injury case. We will answer any lingering questions you may have. And we will evaluate your possible legal options in light of the specifics of your case. By starting the process to seek compensation for your injury or loss today, you can start on the road to recovery that much sooner.

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