legal 5/17/2020 – Work Injury / Premises Liability / Defective Products / Bicycle / Personal Injury FAQs / Personal Injury / Bus / Child Injury / Construction Accidents / Drunk / Medical Malpractice / Pedestrian / Slip & Fall / Swimming Pool Accidents / Workplace Accidents / Dog – gtg

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What is premises liability?

Our office receives a lot of calls from people who have been injured on premises owned by others. The most common questions relate to injuries sustained in places of business such as shopping malls, grocery stores and apartment complexes. Injuries can range anywhere from a simple slip and fall to severe injuries sustained as a result of criminal acts by third parties.

To best describe premises liability, you must first understand negligence. Put simply, negligence is conduct by someone who can foresee the consequence of his or her actions. If a person engages in conduct that is reasonably foreseeable to cause injury, then the law imposes a legal duty on that person to refrain from such conduct. If a business creates or knows of a condition that exists on its premises that is reasonably foreseeable to cause injury, the law imposes a duty on that business to eliminate the dangerous condition. Businesses are not automatically responsible for any injury that occurs on their premises. A good example is the banana peeling on the floor in the grocery store. Anyone could have put the banana peeling on the floor. If someone slips and falls, they cannot recover damages unless they prove an employee of the business had prior knowledge of the banana peeling on the floor or should have known about it and did nothing. There could be many ways to prove this knowledge. Many cases are lost because of the failure to provide sufficient evidence that the business knew or should have known of a defect.

If you are injured as a result of a slip and fall or trip and fall, it is important to remember as much information as possible about the activities that were taking place immediately prior to the incident. Use your cell phone camera and get pictures of the area. Ask questions of the business employees. Remember witness names. You may not be able to do this if you are seriously injured. This is why it is important to contact an attorney immediately following such an incident or have family members call if you are unable.

Many times, tenants or their visitors are injured by criminal acts of a third party at an apartment complex where they reside. A case like this can be simple or very complicated. The same rule applies. You must show the apartment complex was negligent. This basis could be knowledge of prior criminal activities that previously occurred at or near the premises that would warrant an increase in security measures. The existence of a defect on the premises such as a broken security fence, gate, or lights that need repair might constitute negligence if management ignores the defect. If such a defect is a cause in fact of a tenant’s injury, then a claim may be pursued. But again, the defect must be known or should have been known by management. If a person is injured falling into a hole that the apartment complex knew or should have known existed, there could be liability. The same applies to other defects that might be on the premises of which the tenant has no knowledge.

The concept of premises liability can be very complicated. If you are injured on someone’s premises, you must immediately begin gathering evidence. The longer you wait, the more likely evidence will be lost that will prevent you from proving your claim. An experienced personal injury attorney is aware of the issues involved with premises liability cases. In most instances, it costs nothing to speak with an attorney about your case. This way you will find out what you need to know and make informed decisions about whether to pursue a legal cause of action. These types of cases are generally handled on a contingency fee basis. This means you pay nothing for your representation until there is a recovery for your damages. It is extremely important to understand that time is of the essence in contacting an attorney relating to a premises liability case.

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Defective Product Lawyer | Defective Product Claims

You should be able to rely on the products you purchase to be safe for use. Unfortunately, that is not always the case. More than likely, you have seen numerous news stories about toys that hurt children, airbags that do not function, ladders that collapse, and drugs with dangerous side effects. When a defective product causes injury, those who are injured must be able to prove liability in order to win a legal case. Product liability cases are particularly complex because of the intricate nature of these laws and because of the large companies and organizations involved.

Consumer Protection Laws
Everything we purchase, use, or consume falls under consumer protection laws. Most everything we buy in stores or through other distribution channels must comply with safety standards. The list of merchandise categories is long but may include household goods, food, cleaning products, appliances, furniture, vehicles, prescription drugs, and medical devices. Consumers have a reasonable expectation that the product offered to them for purchase and subsequent use is safe.

When a product is deemed to be dangerous or defective, then product liability laws apply. People who have suffered injuries are allowed to pursue compensation but may find the process complicated and confusing. Consulting with a personal injury attorney may provide valuable information and insight into the process of recovering damages in your product liability case.

Theories of Liability in a Products Liability Case
Liability may be based on a defective design or manufacture of a product, or liability can be established because of a failure to warn of a risk inherent in a product. The first theory of liability is negligence. Here one examines whether there was a failure to use reasonable care in the design, manufacture or failure to warn concerning the product. The second product liability theory is based on a breach of warranty. This concept means that the manufacturer promised you that the product would be safe or perform a particular function and then failed to deliver.

Many times, there are express warranties where a manufacturer actually makes a promise in its marketing campaigns or its written manuals. In other cases, there is usually an implied warranty of safety. When the distributor of milk implies that the milk is safe to drink or a grocery store implies its meats are without microbes that could hurt you, they are implying a warrant of safety.

Finally, you can file a product liability lawsuit under the theory of strict liability. Under this doctrine, there is no requirement that the victim must prove negligence. For example, if you buy a vacuum cleaner that immediately catches fire and hurts you, all you have to prove is that the product was released to you in a defective condition and that it hurt you.

How an Injury Lawyer Can Help You
Our Law Office brings years of experience and skill to your benefit. We work closely with our clients to preserve and protect their rights while negotiating the most favorable outcome in defective product injury cases. Whether the defect is due to poor design, improper manufacturing or misrepresentation in product promotions and instructions for use, we thoroughly evaluate the details of your case. Establishing legal responsibility for defects causing injury is complicated because of the complex nature of involved entities throughout the product development and distribution process.

We take pride in delivering individual attention and personal service. Many cases require assistance from a knowledgeable and resourceful legal staff. We are committed to getting the results you and your loved ones need. Sustaining injuries from a defective or dangerous product impacts not only you and your family but consumer safety at large. Working with you on your case may lead to greater public service, but our primary focus is getting maximum compensation for your injuries.

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Bicycle Accidents | Personal Injury Lawyer

Every six hours a bicyclist is killed in America. Over 540,000 bicyclists visit emergency rooms every year. Many of these accidents occur because the bicyclist is less visible than a car, with many of their injuries being accentuated by their lack of protection. If you or a family member has been involved in a bicycle accident, you need to seek legal help. Proof of liability and assessment of damages is work for an experienced professional. You are urged to contact a personal injury attorney who is skilled in handling bicycle accidents. Our Law Office has been fighting on behalf of accident victims for nearly two decades, so you should not hesitate to find out how our firm can help.

Common Bike Accident Situations in Texas
Bicycle accidents occur at an astounding rate in this country. In fact, the U.S. Department of Transportation has reported that more than 8,000 people have died in vehicle-on-bicycle collisions over the last decade, with more than 700,000 others suffering serious injuries. Although these accidents can happen under a number of dangerous circumstances, it still remains that bicyclists depend on the care and attention of motorists for their safety. For this reason, accidents most often occur when:

Motorist fails to observe bicyclist in bike lane and turns into him
Motorist exiting a driveway pulls in front of bicyclist
Motorist swinging a car door open in a bicyclist’s path
Bicyclist is hit by a motorist driving under the influence of alcohol or drugs

What if I was injured by dangerous road conditions?
When most people picture a bicycle accident, they think of a cyclist colliding with a motor vehicle. Although these incidents are not uncommon on the streets of Texas, many people don’t realize that most bicycle accidents are actually caused by dangerous road conditions. If you have been involved in an accident under these circumstances, it is important to understand that you may still be entitled to compensation. Since it is the responsibility of the local government to safely design, construct, and maintain the roadways, they can, in some cases, be held accountable for failing to do so.

In order to prove that a government agency has negligently contributed to the cause of your injuries, however, you will need to show that you were subjected to unreasonably unsafe conditions. This could be the case if you were injured on a road that was defectively designed, poorly constructed, or inadequately maintained since each of these factors has the potential to cause a pedestrian serious harm—especially when they are forced to share the road with motorists. For this reason it is your right, as a victim, to pursue damages for the wrongful injuries that you have suffered.

Our Personal Injury Lawyers Will Fight for Your Right to Compensation
Injuries to a bicyclist can be traumatic. All matter of broken bones, head injuries and internal injuries may result. Our Law Office is dedicated to the full compensation of bicycle accident victims. As a small, personal firm, we pride ourselves on superior service and aggressive pursuit of our clients’ interests. We energetically seek reasonable cash settlements for your medical costs, loss of present and future income, pain and suffering, and rehabilitation costs.

We thoroughly investigate accidents and interview witnesses. We urge you to meet with an injury attorney at the firm to discuss your bicycle accident case. Call our firm today to get started!

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Bus Accident Lawyer

How common are bus accidents in the U.S.?
Although bus accidents are considered a rare occurrence, you may be surprised to hear that more than 9,000 bus-related collisions take place in the U.S. each year. On average, they leave around 12,000 seriously injured and 330 dead. For this reason, you should not underestimate the frequency of these accidents. What is also important to understand is that most of these accidents involve other motor vehicles and, in some cases, pedestrians. In fact, the Center of National Truck and Bus Safety Statistics has reported that 60% of all fatalities related to bus accidents involve another motor vehicle and that 25% involve a pedestrian. It is for this reason that a single bus accident can result in such a high rate of injury and/or death.

Establishing Negligence after a Serious Bus Accident
Serious bus accidents occur more often than they should. Since 1968, the National Transportation and Safety Board has been urging bus lines to install safety belts in buses, but to no avail. The sturdiness of bus roofs and windows is also a concern. Driver fatigue, inattentiveness, and poor training may lead to accidents. Establishing negligence in a bus accident case can be complex and an understanding of the mechanical workings of the bus and how they operate may be required. As a result, you are urged to contact a personal injury attorney experienced in commercial vehicle accident litigation. You are entitled to damages in a bus accident depending on proof of negligence of the bus company and the nature of the damages. This may include:

Medical costs
Ambulance bills
Hospital costs
Property losses
Pain and suffering
Loss of present and future income
Rehabilitation Costs
Costs of retraining

Injured in a bus accident? Our Law Office can help!
If your family member has died in a serious bus accident, you are entitled to pursue a case for wrongful death and survival claims. You may be compensated for medical expenses, burial and funeral costs, and loss of comfort and support. This is also true if you have been seriously injured under negligent circumstances—which may include driver inexperience, intoxication, or fatigue. You are urged to contact our injury attorneys at the firm for a free case evaluation today.

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Defective & Dangerous Products

You should be able to rely on the products you purchase to be safe for use. Unfortunately, that is not always the case. More than likely, you have seen numerous news stories about toys that hurt children, airbags that do not function, ladders that collapse, and drugs with dangerous side effects. When a defective product causes injury, those who are injured must be able to prove liability in order to win a legal case. Product liability cases are particularly complex because of the intricate nature of these laws and because of the large companies and organizations involved.

Consumer Protection Laws
Everything we purchase, use, or consume falls under consumer protection laws. Most everything we buy in stores or through other distribution channels must comply with safety standards. The list of merchandise categories is long but may include household goods, food, cleaning products, appliances, furniture, vehicles, prescription drugs and medical devices. Consumers have a reasonable expectation that the product offered to them for purchase and subsequent use is safe.

When a product is deemed to be dangerous or defective, then product liability laws apply. People who have suffered injuries are allowed to pursue compensation but may find the process complicated and confusing. Consulting with a personal injury attorney may provide valuable information and insight into the process of recovering damages in your product liability case.

Theories of Liability in a Products Liability Case
Liability may be based on defective design or manufacture of a product, or liability can be established because of a failure to warn of risk inherent in a product. The first theory of liability is negligence. Here one examines whether there was a failure to use reasonable care in the design, manufacture, or failure to warn concerning the product. The second product liability theory is based on a breach of warranty. This concept means that the manufacturer promised you that the product would be safe or perform a particular function and then failed to deliver.

Many times, there are express warranties where a manufacturer actually makes a promise in its marketing campaigns or its written manuals. In other cases, there is usually an implied warranty of safety. When the distributor of milk implies that the milk is safe to drink or a grocery store implies its meats are without microbes that could hurt you, they are implying a warrant of safety.

Finally, you can file a product liability lawsuit under the theory of strict liability. Under this doctrine, there is no requirement that the victim must prove negligence. For example, if you buy a vacuum cleaner that immediately catches fire and hurts you, all you have to prove is that the product was released to you in a defective condition and that it hurt you.

How an Injury Lawyer Can Help You
Our Law Office brings years of experience and skill to your benefit. We work closely with our clients to preserve and protect their rights while negotiating the most favorable outcome in defective product injury cases. Whether the defect is due to poor design, improper manufacturing, or misrepresentation in product promotions and instructions for use, we thoroughly evaluate the details of your case. Establishing legal responsibility for defects causing injury is complicated because of the complex nature of involved entities throughout the product development and distribution process.

We take pride in delivering individual attention and personal service. Many cases require assistance from a knowledgeable and resourceful legal staff. We are committed to getting the results you and your loved ones need. Sustaining injuries from a defective or dangerous product impacts not only you and your family but consumer safety at large. Working with you on your case may lead to greater public service, but our primary focus is getting maximum compensation for your injuries.

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Drunk Driving Accidents in TX

Injured by an intoxicated driver? Let our firm help!
A large percentage of serious car accidents are the result of drunk, intoxicated and impaired driving. In fact, the National Highway Traffic Safety Administration (NHTSA) reports that nearly 31% of all traffic fatalities in the U.S. are caused by alcohol-related collisions. If you have been seriously hurt in such an accident, you are entitled to damages for your full medical costs, damage to your car, pain and suffering, loss of present and future income, as well as the cost of needed rehabilitation and retraining. Do not allow an insurance agent to settle with you for a fraction of what you are entitled to. Seek an evaluation of your case from a personal injury lawyer experienced in drunk driving accident cases.

How a Drunk Driving Case Proceeds in Texas
Once you have arranged for legal representation, your attorney investigates your accident. If the other driver was cited for drunk or intoxicated driving, records of the charges are obtained. If not, your attorney works to establish negligence from contacting witnesses and securing evidence. Your attorney will also contact your physician for estimates of the care you will need in the future and whether there are any permanent injuries. With this information, he is able to gauge the settlement you require for your future needs. Once damages are estimated, in coordination with you, he contacts the insurance company and demands fair compensation.

If the insurance company comes to terms, the case is settled. Otherwise, the attorney prepares for trial where he presents your case persuasively to the jury seeking your just compensation. Our Law Office is a small firm dedicated to helping the victims of drunk driving accidents. Getting proof ensures that accident victims receive full compensation for their injuries.

Get in Touch with a Personal Injury Lawyer Today
If you or someone you love has been injured in a serious drunk driving accident, you should not hesitate to discuss your case with a personal injury attorney from our Law Office. Our firm has been fighting for the rights of accident victims for nearly two decades, so you can rest assured that we will pursue your case aggressively. Obtaining damages can be a necessary part of the recovery process, but our firm wants to ensure that you are able to recover the level of compensation that you actually deserve. If that means that we must stand up to the insurance company, that is exactly what we will do. For more information about how our Law Office can help, contact the firm today for a free consultation.

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Medical Malpractice Attorney

When Substandard Medical Care Causes an Injury
When you are sick or injured, you often seek medical care from a physician in a clinic or hospital. You may see a particular doctor, specialist, or another medical professional with the expectation that you will receive the appropriate level of care for your condition. You might assume the medical staff is following current standards and reasonable measures for improvement in your health and well-being. Many overlook the reality that medical professionals are human and they make mistakes. The unfortunate factor is that their mistakes, errors, and overall negligence may impact other human beings. If you or a loved one has suffered injuries because of an incorrect diagnosis, misapplied treatment, improper care for an illness, or previous injury, you may want to speak with a personal injury lawyer that can assist you in identifying the basis for medical malpractice in your situation.

Determining Negligence in Malpractice Cases
While your case may be complicated and difficult to prove, it is not impossible and the law provides for addressing such instances. Establishing negligence may fall on the doctor, the hospital or the local, state or federal agencies that oversee hospital operations. Our Law Office provides our clients with compassionate and effective legal assistance. We strive to overcome the obstacles and limitations your case may present. Our legal team diligently pursues all viable strategies for getting you the maximum amount of compensation for your injuries. The medical establishment provides an essential public service. Reasonable standards of care exist to protect every individual from harm. You have the right to receive medical attention without unnecessary injury caused by careless or negligent treatment from medical professionals. We will help you exercise your right to stand up and fight for a full recovery of your losses.

How long do I have to file a lawsuit in Texas?
Across the U.S., every state maintains different negligence laws. As such, each state places a specific time limitation on personal injury claims, also known as a statute of limitations, which prohibits a wrongfully injured individual from recovering compensation after that limitation has expired. In the state of Texas, a victim has two years from the time that they were injured by the negligent actions of a medical professional to pursue an official lawsuit. The statute of limitations can be extended under certain circumstances, however, as the law does make a few exceptions. For example, a minor under the age of twelve has until his or her fourteenth birthday to take action. Similarly, a lawsuit can be filed up to ten years after the initial injury was caused if it was not discovered for an extended period of time, which is not uncommon in cases of medical malpractice. In order to ensure that you are able to recover the compensation that you deserve, we recommend that you consult with a medical malpractice lawyer as soon as possible.

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Nursing Home Abuse & Negligence

When Care Becomes Abuse
Sometimes older people have little choice but to move into a nursing home or assisted-living facility. The assumption is that they will receive proper care, attention, and protection in such an establishment more so than if they lived alone. The sad reality is that many nursing home facilities are staffed by people who are poorly qualified, insufficiently trained, overworked, or simply have not been properly screened for this type of employment.

Residents fall prey to sub-standard care, some impacted by criminal neglect, physical and emotional abuse. Threats of violence or other misguided authority sometimes push these elderly victims into a state of fear and hopelessness. The “care” they endure is the best they may be able to afford. Elderly people have rights. Consulting with a personal injury attorney may give you knowledgeable insight into legal options for holding abusers accountable.

Reporting Abuse in Texas
It may be that you have witnessed such abuse. Speak up on behalf of your elderly relative or friend. Their health and well-being may depend on immediate action. People who are dependent on others for their daily care are not always eager to report abuse or attempt to fight the system they live in. Repercussions from a previous attempt may have permanently convinced them to remain silent and suffer the consequences. You may be able to assist in their recovery.

Our Law Office is dedicated to protecting individual rights. Our elderly citizens deserve respect, compassion, and effective care. We are sensitive to the situation that our elderly grandparents, parents, or friends may be in. We will make every effort to accommodate their needs as their case proceeds. Our primary goal is to actively seek compensation for their injuries. Possible further legal action may be brought against the offending nursing home or abusive staff member.

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Pedestrian Accidents Texas

About 5,000 pedestrians are killed in the United States annually and another 64,000 are injured. It is a huge problem particularly in urban areas. It is due mainly to motorists not being observant for pedestrians in crosswalks and speeding in areas of high pedestrian flow such as at schools or other places of public gathering. If you or a family member has been injured in a pedestrian accident, you need to seek the legal assistance of a personal injury attorney skilled in recovering compensation for victims of pedestrian accidents. You should know that in a hit and run accident where you cannot identify your assailant, your uninsured motorist coverage, and PIP coverage may provide compensation for you, your injured child or another family member.

Damages for a Pedestrian Accident
Damages depend on a showing of negligence of the other party and proving losses you have suffered. Damages may include:

Medical bills
Ambulance bills
Hospital Costs
Pain and suffering
Loss of present and future income
Rehabilitation expenses
How Pedestrian Accident Claims Work

When your attorney learns of your claim, he will investigate the accident as a first action. It is vital that he speak with witnesses before memories fade and locate any other evidence of the accident. This is necessary so that he may reconstruct how the accident occurred and establish the liability of the other party. He also contacts your physician for an estimate of your medical condition and whether permanent injuries have occurred. He is then in a position to evaluate your damages.

In liaison with you, he communicates with the insurance company to negotiate a fair settlement. If that negotiation fails, he prepares for trial. It is his mission at trial to convince the jury to award you maximum compensation for your damages. Our Law Office provides help for victims of pedestrian accidents, so call our firm today to get started on pursuing your claim.

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Premises Liability Lawyer

Have you been hurt on someone else’s property?
Injuries of all types can happen in all sorts of places. Owners and property tenants have legal responsibilities to warn of potential dangers or hazards. They also have a duty to exercise reasonable care and maintenance of their property. Authorized activities such as shopping or riding roller coasters on the premises may indicate that people will be moving about and precautions must be in place to ensure their relative safety. Not all trips to the store or amusement park adventures end without incident. Injuries can and do occur. When injuries happen to you or a loved one, seeking legal counsel with a personal injury lawyer is in your best interest. The cost of medical attention and other potential losses can add up and result in suffering hardships. If the injury was due to property negligence, sloppy groundskeeping, or other careless activities of employees or other staff, then you may have a legal cause of action to seek compensation.

Proving Negligence in a Premises Liability Case
Slip & fall accidents are a common result of negligence in maintaining a property, and the injuries sustained can be very serious. For example, if a negligent restaurant owner notices a spill that has been left on the floor but fails to clean it up in a timely manner, they can be held liable for any injuries that were sustained as a result of this walking hazard. A victim may suffer a serious brain injury, spinal cord trauma or a broken bone, so it is within their legal right to seek compensation from the party that could have prevented the injury by exercising their duty of care. In order to win a premises liability case, however, a victim must be able to show that the property owner and/or manager had either noticed the dangerous conditions and failed to remedy them in a reasonable amount of time or that they should have been aware that hazardous conditions on their property were posing a threat to visitors. If you believe that you have a valid claim, do not hesitate to consult with an attorney immediately.

How a Personal Injury Attorney Can Help
Our Law Office will give your case a thorough review and evaluate the resulting damages from your injury. We have helped many clients sort out the contributing circumstances with situations resulting in premises defect injuries. Complexities may exist, but we are knowledgeable in personal injury law and premises defects. We will thoroughly examine the details of your case in an effort to establish the responsibility of any party at fault. You have rights and we are committed to helping you file a strong claim resulting in the compensation you deserve. If you or someone you love has been injured as a result of poorly maintained property or an unexpected accident on another’s premises, you may be able to receive compensation for your injuries. We are here to help you file a claim, review documentation, and advise you on settlement options.

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Slip & Fall Attorney – What You Need to Know

There are times when accidents do not need to occur. Slip and fall accidents fall into this category of being generally preventable. Those in charge of a property may be held accountable for your injuries if it can be proven that dangerous conditions existed and were not properly addressed. Each case is reviewed independently. Specific circumstances and contributing factors must be fully evaluated to determine what can be done in your specific case. Speaking with a personal injury attorney may provide you with the help you need to understand what options you may have.

Not all slip and fall accidents are caused by a property owner. The courts do not implement a blanket approach to solving slip and fall injury cases. Your case may be a valid situation where negligence and unreasonable care lead to your injuries and subsequent losses. Our Law Office will assess your case and advise you of your rights to seek compensation. We work on your behalf and negotiate the best settlement you may be entitled to receive. If not successful in negotiations, we will be prepared for trial to establish your right to compensation.

Why You Should Contact an Injury Attorney
In some circumstances, you may be presented with a premature settlement offer by the offending property owner or representing authority, but be wary of a quick and easy resolution. This may be an attempt to avoid long-term expenses involved in your recovery. We give full consideration to your case and will modify a claim to include any and all related medical expenses, loss of wages, among others, for as long as it may take to reach full recovery. The law provides for your right to recover damages caused by another’s negligence in a slip and fall incident.

Slip and fall accidents happen in all seasons, indoors, outdoors, and on public or private land. Your injury may be straightforward, but the number of involved entities may be complex, making your case an intricate process of establishing responsibility. That’s why we are here. We provide a genuine service to our clients, helping them exercise their right to seek maximum compensation.

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Swimming Pool Accidents

Was your child injured in a slip & fall or near-drowning accident?
In the state of Texas, all property owners are responsible for providing their guests with a reasonably safe environment. This means that residential homeowners and public pool managers are equally responsible for maintaining the areas in and around their swimming pools. Should they fail to do so, they are leaving their visitors susceptible to a serious injury, especially when children are involved. According to statistics, approximately nine people die in drowning accidents every day in the United States, in addition to the 5,000 others that are hospitalized for near-drowning injuries each year. What is even more shocking is that most of these accidents take place in residential swimming pools — in regard to incidents that involve children between the ages of one and four.

There are a number of different reasons why swimming pools can prove to be so dangerous, including:

Lack of parental supervision while children play in or around a swimming pool
Failure to use a protective covering and/or secure the area with a fence
Failure to clear away any debris surrounding the pool
Lack of safety gear/warning signs within the vicinity in the pool
Inadequate number of lifeguards present at any given time
Failure to properly clean & maintain walking areas around the pool

Why Compensation May be Necessary after an Accident
If you or your child has been involved in a negligently caused swimming-pool related accident, there are several reasons why you may need to pursue compensation. First, you may have suffered a number of debilitating injuries, depending on the nature of the accident, which required you to seek medical attention. As you may have already discovered, this can be quite costly, especially if you have been unable to return to work during the time of your recovery. In addition, you may have been forced to endure the emotional ramifications of sustaining a serious injury. Fortunately, there are ways in which you can recover compensation for the economic and non-economic losses that you have suffered. You need the help of a personal injury lawyer from our firm.

Consult with a Personal Injury Attorney Today
Are you interested in pursuing compensation from a negligent swimming pool owner and/or manager? It is important that you act quickly to enlist the help of a legal professional. Certain premises liability cases can be difficult to win without sufficient evidence, so it is crucial that you take the right steps after an accident. First, you should start by contacting Our Law Office and discussing your case with a knowledgeable personal injury lawyer. From there, we will be able to handle the rest, which includes conducting a thorough investigation, speaking to any witnesses, and developing a solid legal strategy. As such, you are encouraged to call our office today for a free initial consultation.

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Pedestrian Accident Attorneys
It should come as no surprise that pedestrians and bicycle riders are at greater risk of being injured by negligent or distracted drivers. Our city and its surrounding communities are lined with bike trails and walking paths. Visit downtown and you will see the hustle and bustle of people and bicyclists scurrying around. With so many people walking, running, jogging, or bicycling around, their chances of being injured by a driver’s negligence increases.

The lack of protection makes pedestrians particularly vulnerable to serious injuries that can result from a car accident. Our pedestrian attorneys are here to discuss your options and to protect your rights. Our accident attorneys have in-depth experience representing the victims of drunk drivers, car crashes, motorcycle collisions, dog bites, and pedestrian accidents. By contacting our Law Firm today, you are taking the first step toward getting the compensation for your injuries that you deserve.

An Injury Law Firm Committed to Recovering for You
Tens of thousands of pedestrians and bicyclists are struck by automobiles each year. These accident victims lack much of the protections that a motorcyclist or auto driver may have in the same situation. All too often your injuries can result in complications that involve expensive surgery, months of therapy, and other costly procedures to assist in your recovery. Injuries from pedestrian or bicycle accidents often result in injuries including:

Broken legs or arms
Fractured or serious spinal cord injury
Internal trauma or punctured organs
Traumatic brain injury
Partial or complete paralysis
“Road rash” or other skin burns
Accident victims are often frustrated or confused about what they need to do next. That is where our injury lawyers step in and help you navigate an often complex legal system.

Speak to an accident attorney today if you have been hit by a car
It is important that you act quickly when you are involved in an accident with a car. Making sure to immediately seek medical treatment, then speaking with an attorney is of paramount importance when trying to recover for your injuries. If you have been hit by a car, regardless of whether as a pedestrian or bicyclist, it is important to keep the following in mind:

Check yourself for injuries
Call 9-1-1 for police and emergency medical treatment
Use your cell phone to take pictures of the scene
Document the contact information of any witnesses
Seek medical treatment as soon as possible
Contact an attorney before speaking with any insurance workers
Speak with a pedestrian accident attorney today!
The personal injury attorneys at our Law Firm are here to help. We understand that the days following an accident can be stressful and frightening. We strive to provide compassionate, personal relationships with each of our clients. We are selective in each case we accept to make sure we are able to provide each victim with the personalized representation they deserve in their time of need.

A negligent driver or their insurance company may try to shift the blame on the accident victim. This is why it is so important to contact a lawyer immediately following the accident. The injury attorneys at our Law Firm pride themselves on aggressive representation to make sure you are appropriately compensated for your injuries. We never charge a fee unless we are able to collect for you.

If you are the victim of a pedestrian or bicycle accident, please contact us today to speak with your accident attorney. Initial consultations and online case evaluations are always free.

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Dog Bite Injury Attorneys
Dog bite attack injury

While most human-canine interactions are safe and unremarkable, that may not always be the case. As a matter of fact, millions of Americans are the victims of a dog bite injury each year. Although many dog bites do not require medical assistance, hundreds of thousands of dog bite injuries end up requiring emergency medical treatment.

If you are the victim of a dog bite injury, you have every right to pursue the responsible owners and receive compensation for your injuries. Your compensation may include money to help cover hospital and doctors’ bills, psychological counseling, lost wages, pain and suffering, and disfigurement. Contact our office today to speak with an experienced dog bite lawyer who can discuss your rights and options with you. We make every effort to respond to free case evaluations within 30 minutes of you submitting your request. However, to speak with someone immediately please call today to speak with one of our experienced Dog Bite Attorneys.

Dog Bite Laws
Our attorneys handle dog injury cases throughout the state. Fortunately for dog attack victims, Texas has laws that hold pet owners strictly liable for injuries caused by their animal.

The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. Dog bite cases can be complicated, and because they often involve someone’s pet, they can also be very emotional. That’s why it pays to have an experienced dog bite lawyer on your side.

What do I do if I’m Bit by a Dog?
The immediate moments following a dog bite attack can be nerve-wracking but are often the most crucial in helping to make sure you are able to recover compensation. Your physical health and safety are always the main priority. Depending on the severity of your injuries, you may need to call 911 emergency medical treatment. Often times, although your dog bite injuries may not look too bad, underlying infections can set in after just a few hours. It’s always better to be safe than sorry, so when in doubt, seek medical treatment.

You should also keep the following tips in mind:
Try to identify the animal that bit you, and verify whether they have been tested for rabies.
Get the name and contact information for the dog owner, as well as any witnesses to the attack.
Report the incident to the police and local animal control authorities, if necessary.
Take pictures of the animal, any puncture wounds, lacerations, and bloody clothes.
Be cautious of speaking with pet owners or insurance companies following the dog attack.
Continue with medical treatment, if necessary.

Once you have ensured your immediate physical safety, it’s important to gather as much information about the animal and its owner as possible. This is often not an issue since dog bite victims often know the dog and its owner. Ask the owner if their dog is current on all of their vaccines and shots. If you are not sure who owns the dog, your medical provider may suggest receiving treatment for possible rabies exposure as a precaution.

A dog owner or their insurance company may try to shift the blame on the victim. This is often why it’s important that you contact an experienced dog bite lawyer as soon as possible. The injury attorneys at our Law Firm pride themselves on aggressive representation to make sure you are appropriately compensated for your injuries. We never charge a fee unless we are able to collect for you.

If you are the victim of a dog bite attack, please contact us today to speak with your accident attorney. Initial consultations and online case evaluations are always free.

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Experienced DUI Accident Attorneys
Drunk Driver Accident Attorneys

Nightlife and college life can also mean excessive alcohol consumption. Drug and alcohol use affects a person’s ability to make proper decisions and can lead to that person getting behind the wheel of a car or truck when they shouldn’t.

In Texas the legal limit for driving under the influence of alcohol is .08. That means that if a person’s blood alcohol content at the time they are behind the wheel of an automobile is above .08, they are considered to be legally drunk. Although BAC levels can vary greatly depending on a person’s height, weight, and body composition, it often only takes a couple of drinks for a person to be above the legal limit. However, this also does not take into consideration a driver that may be under the influence of illegal drugs or prescription medication.

Roughly 30% of Americans will be involved in some sort of alcohol or drug-related accident at some point in their lives. In fact, alcohol-related accidents kill a person just about every 51 minutes. Our DUI accident lawyers have years of courtroom experience and are ready to bring that experience to the table for you. If you were injured by a drunk driver, or know someone who was, call our office today and speak with an attorney who is ready to discuss your rights.

Speak with a Drunk Driving Injury Attorney Today
The dangers of driving while intoxicated are all too real. Unfortunately, the victims in alcohol or drug-related accidents are usually other unsuspecting drivers, passengers, or pedestrians. Tragically, in many cases of intoxicated driving, the victim suffers from a brain or spinal cord injury or is even killed due to another person’s illegal act of getting behind the wheel. These life-changing events have a ripple effect that goes far beyond the victim’s own life and carries over into the lives of their family and loved ones. If you are the family member or loved one of a person injured at the hands of a drunk driver, you have rights too. The loss of a loved one may entitle you to recover from the offending party, so it’s important that you speak with one of our DUI accident attorneys as soon as possible.

Intoxicated Drivers Need to be Held Accountable
The knowledgeable accident attorneys at our Law Firm have the experience you need when a drunk driver crashes into you. From locating the driver, monitoring the criminal case, and verifiable insurance coverage, we are here for you and your family. Often times, the responsibility for the traffic accident goes beyond just the driver. Was the driver allowed to leave a party while clearly intoxicated? Did a restaurant or bar over-serve an intoxicated patron? We will find out and hold those responsible parties accountable. Regardless of the cause, the injuries caused by a drunk or otherwise intoxicated driver can be devastating and life-changing. If you or a loved one have experienced any of the injuries below, call us today. Results of a drunk driving accident may include:

Broken or Fractured Bones
Facial Disfigurement
Broken or Cracked Ribs
Whiplash, Back, and Neck Injuries
Brain Hemorrhages or Traumatic Brain Injury
Partial or Complete Paralysis
Loss of Limb and Amputation
Wrongful Death

If you are a victim of a drunk driver accident, our attorneys are ready and willing to assist you. Speak with a lawyer today who will explain the laws governing drunk driving accidents in Texas. We will answer any questions you may have and explain the accident recovery process to you. We will explain the law governing DUI offenders and our attorneys will fight for your recovery. Remember, consultations are always free and you never pay a fee unless we are able to collect on your behalf. Our injury lawyers will fight for your rights!

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Pedestrian Accident and Bicycle Injury Attorneys
Pedestrian Accidents with a Car

It should come as no surprise that pedestrians and bicycle riders are at greater risk of being injured by negligent or distracted drivers. Our city and its surrounding communities are lined with bike trails and walking paths. Visit downtown and you will see the hustle and bustle of people and bicyclists scurrying around. With so many people walking, running, jogging, or bicycling around, their chances of being injured by a driver’s negligence increases.

The lack of protection makes pedestrians particularly vulnerable to serious injuries that can result from a car accident. Our pedestrian attorneys are here to discuss your options and to protect your rights. Our accident attorneys have in-depth experience representing the victims of drunk drivers, car crashes, motorcycle collisions, dog bites, and pedestrian accidents. By contacting our Law Firm today, you are taking the first step toward getting the compensation for your injuries that you deserve.

An Injury Law Firm Committed to Recovering for You
Tens of thousands of pedestrians and bicyclists are struck by automobiles each year. These accident victims lack much of the protections that a motorcyclist or auto driver may have in the same situation. All too often your injuries can result in complications that involve expensive surgery, months of therapy, and other costly procedures to assist in your recovery. Injuries from pedestrian or bicycle accidents often result in injuries including:

Broken legs or arms
Fractured or serious spinal cord injury
Internal trauma or punctured organs
Traumatic brain injury
Partial or complete paralysis
“Road rash” or other skin burns

Accident victims are often frustrated or confused about what they need to do next. That is where our injury lawyers step in and help you navigate an often complex legal system.

Speak to an accident attorney today if you have been hit by a car
It is important that you act quickly when you are involved in an accident with a car. Making sure to immediately seek medical treatment, then speak with an attorney is of paramount importance when trying to recover for your injuries. If you have been hit by a car, regardless of whether as a pedestrian or bicyclist, it is important to keep the following in mind:

Check yourself for injuries
Call 9-1-1 for police and emergency medical treatment
Use your cell phone to take pictures of the scene
Document the contact information of any witnesses
Seek medical treatment as soon as possible
Contact an attorney before speaking with any insurance workers

Speak with a pedestrian accident attorney today!
The personal injury attorneys at our Law Firm are here to help. We understand that the days following an accident can be stressful and frightening. We strive to provide compassionate, personal relationships with each of our clients. We are selective in each case we accept to make sure we are able to provide each victim with the personalized representation they deserve in their time of need.

A negligent driver or their insurance company may try to shift the blame on the accident victim. This is why it is so important to contact a lawyer immediately following the accident. The injury attorneys at our Law Firm pride themselves on aggressive representation to make sure you are appropriately compensated for your injuries. We never charge a fee unless we are able to collect for you.

If you are the victim of a pedestrian or bicycle accident in our city or its surrounding areas, please contact us today to speak with your accident attorney. Initial consultations and online case evaluations are always free.

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Slip and Fall Accident Attorneys
Slip and Fall Injury on Wet Floors

People slip and fall on a daily basis. While many people think of them as simple harmless mishaps, slip and fall accidents are one of the most common ways that people across the country injure themselves each year. In a best-case scenario, the injuries from a slip and fall necessitate only minor home care and some ice. However, in many other instances, the injuries resulting from this type of accident can be very serious and potentially life-changing. Broken bones, fractured hips, and the like are serious conditions that could result in life long pain and suffering. It is for this reason exactly that property owners who fail to maintain a safe environment for others, causing a slip and fall, may be liable for injuries resulting from their negligence.

One of the most important things you can do to support any potential claim for your injuries is to document the event. Most businesses have procedures in place to report and document the accident. However, it is important to keep in mind that a businesses’ report, completed by their employee, is not always intended to simply document the incident, it may be used to try to minimize their fault in the accident. It is important that you speak with whoever is completing the report and make sure that they take down your side of the story. The report should include the location, time, and cause of the slip and fall. Additionally, the report should contain important information about potential witnesses. If possible, take pictures of the area as quickly as possible to document the cause of your injuries. Lastly, make sure that you receive immediate medical treatment for your injuries.

The sooner you are able to receive medical treatment for your injuries, the better. Clients who wait to seek medical treatment often run the risk of having someone question whether the injuries they complain of were actually related to the slip and fall, or some subsequent accident. Seeing a doctor soon after the accident will help to document the incident, ensure your injuries are properly cared for, and hopefully give you the best chance possible for a full recovery.

Common Slip and Fall Injury Causes
Your injuries, and the cause of the slip and fall itself, can vary greatly. Regardless of whether the hazard is caused by nature, or the result of someone’s actions, people should maintain a safe environment, free of the risk of injury. The following are some of the most common causes of these types of accidents:

Uncleaned spills or other walkway debris
Failure to use a caution sign with slick floors
Folded or uneven carpeted surfaces
Cracked or lifted sidewalks
Unpainted curbs
Inadequate lighting

Speak with a slip and fall attorney today
If you or a family member has been injured in a slip and fall accident caused by someone’s negligence, you may be entitled to pursue losses as a result. Contact the slip and fall attorneys at our Law Firm to speak with an experienced personal injury lawyer today. We always offer free consultations and strive to provide you with the personal, compassionate representation you deserve in your time of need. Remember, you never pay a fee unless we are able to recover on your behalf.

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4/19/2020 lawyers content – Auto Accident / Texting / Uninsured Motorist / Dog Bite – gtg

Of course. In fact, like most attorneys, Our Law Firm will be consulting with your doctor on your condition before and after the accident.

In order to prepare the best case possible, we will need to develop medical evidence using consultative exams and testimony from you. We will also use detailed opinions from doctors who specialize in diagnosing and treating your specific type of injury.

We have a variety of specialists with whom we consult who practice within five minutes of our office, which makes it easier for us to keep on top of your case. We will eventually ask you to visit one of them, too. But your doctor is still your doctor and you would never substitute ours for yours. It’s simply an important part of our case that we know all your medical information as it relates to your case.

Your Medical History
All the doctors who have treated you in the recent past can support any claims we may have for a worsening condition as a result of a car crash. Your attorney will review the medical records to see what is relevant to your case and review it with doctors with whom we consult. Sometimes medical records contain information that is harmful to an injury victim’s case. But we are trained to handle other older injuries. But we need to know all information about your medical history so we can be prepared.

No Regular Doctor?
If you don’t have a regular family doctor then, yes, we will suggest one. All our associated doctors are close to the office, making getting there and back — for you or our staff — simple and quick.

But there are other reasons for this, too. Say you go to the emergency room with a bad cut to your face sustained in your accident. The emergency room doctor may provide emergency treatment. In fact, several different emergency room physicians may provide treatment — all of which is likely to be excellent. But there may be various stages of care. In other words, some doctors treat only for critical care, while others are concerned above all with after-affects.

If your wound is assessed by one doctor, stitched by another doctor, and followed up by a third, the wound will have certainly been properly treated. But what about the scars for that wound? Who was watching to make sure there were no lasting effects, no permanent or disfiguring scars from the crash? Probably nobody.

Doctors Who Look At the Big Picture
Using our group of doctors, we know they will be focussing on everything from A-Z. Was the wound treated properly? Will the scar be permanent? Will plastic surgery be necessary? If so what will it cost? When will it be done? How many surgeries will it take to put things right? In the meantime, who will pay? Some of our preferred doctors will work on the same basis as we do: in other words, they can wait until the settlement is complete. Will your doctor do that?

Insurance companies have their own group of doctors, so why can’t attorneys? Ours were chosen for their talent, their experience, and their location. And, by the way, the medical specialists hired by the opposing sides will usually agree to the extent of the injury; the only differences are usually the extent of follow-up and the time of treatment. We won’t allow a company to wrap up a settlement just to get it off the desk. We want everything to be done correctly and we want the results, no matter how much time it takes. We want you to heal as you were prior to the crash — or we want a settlement that reflects that change.

Build Your Team
If you or somebody you love has been injured in a car crash, our Law Firm can assist in determining damages owed to you. Having an attorney with a focus on car accidents is critical in providing you with the financial compensation you deserve. Our Law Firm has a focus on being the area’s car accident lawyers and we know that accidents don’t wait for daylight hours to happen. So we’re available to answer your phone call any time, day or night.

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Multi-vehicle accidents, often referred to as “pile-ups,” can result in serious injuries, wrongful death, and significant property damage. These accidents are unfortunately not uncommon and can occur at high speeds on dangerous routes such as state highways and freeways. Given the severity of multi-vehicle collisions, victims need to ensure they are properly protected as their case unfolds, whether in court or when filing insurance claims. Handling such cases requires the expertise of a professional attorney who has experience in managing complex multi-vehicle accident cases.

There are various factors that could lead to a multi-vehicle accident, including following too closely behind another vehicle, failing to adjust to adverse road conditions, and driving unsafely in poor visibility. It’s crucial to determine whether the collision could have been avoided, as this can impact the legal course of action. In such cases, involving a car accident attorney immediately is essential to ensure your case is represented by a professional with the necessary experience to address the complexities of multi-vehicle accidents effectively.

No matter the number of vehicles involved, what’s most important is that the accident was caused by another driver’s irresponsible behavior. Whether the accident was triggered by a distracted driver, a driver breaking the law, or a defective auto product, you have a valid reason to pursue a legal claim. Our law firm specializes in representing auto accident cases in Texas and has a proven track record of successfully handling such cases for over a decade.

When you choose our firm to represent you, you benefit from the expertise of a professional recognized as one of the Top 40 Under 40 trial lawyers in Texas. We are committed to handling your case efficiently, using all available resources to achieve the best possible outcome. Your case’s successful recovery is as important to us as it is to you, and you can trust that our firm will provide you with the highest level of service and support throughout the legal process.

If you’ve been involved in a multi-vehicle accident, contact a lawyer from our firm to learn more about your case and how we can help you seek the compensation you deserve.

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Important tips to help you get the best from your attorney:

THE #1 RULE – STOP TALKING
Car accidents, especially personal injuries, can leave a person feeling alone and helpless. That’s not the case. You have people capable and willing to help you through this difficult time.

However, refrain from discussing your accident wherever possible until you speak with your attorney. It’s too easy to speak about the experience to others. When necessary, speak with a trusted family member or friend in private. These are not conversations to have opened in a restaurant or public place.

It is possible to jeopardize your case by volunteering information that may not be completely accurate. A car accident injury attorney is there to assist you through your accident and injury wherever possible. Use your free consultation to speak with your attorney as soon as possible.

Years ago a neighbor came home after a car accident and discussed the experience with another neighbor. The second neighbor gossiped about the accident. One of those she reached was a person directly involved in the case. That little bit of information, even though it was hearsay, caused a tremendous problem that almost lost the case.

THREE DAY REST
Auto or motorcycle and truck accidents are each traumatic no matter how severe or what level of property damage may occur.

Even when no noticeable injury occurs, a person who sees that a crash is imminent subconsciously tightens muscles to stop the body from moving into the crash.

Full body aches and pains often appear within three days after a crash. Although this doesn’t happen to everyone, it happens to most people who are actively involved in car accidents. In some cases, the pain is so severe that it can mimic a broken bone. See your doctor as often as you need, especially during the first few weeks.

Your car accident and injury attorney can help guide you regarding doctor bills and insurance. Ask how these two items are best handled so they do not become a burden to you.

INSURANCE COMPANIES
No insurance company is your friend.
No adjuster or insurance agent is your friend.

And yet when you speak to an agent or when one visits you after an accident, it will appear they just want to see you well and made whole again. That is the purpose of insurance…..to make you whole again.

However, the insurance company is a business first.
Any information you volunteer is kept on file.
When that information is helpful to the insurance company and hurtful to you, it will be used against you.

Do not volunteer recorded conversations until you have spoken to your attorney.

In most cases, an insurance company will stop speaking with you directly when you tell them that you have retained an attorney.

DON’T SIGN ANYTHING YET
A statute of limitations requires you to settle property and medical claims or lose the rights to those actions. Statutes change, but they are in terms of years, so check with your attorney, but don’t panic. There is no need to rush a signature to settle an account. Ask why an insurance agent would need to push you to settle an account just to get you a little money now. In most cases the attorney or the doctor or both will allow deferred payments.

EVALUATE YOUR ATTORNEY IMMEDIATELY
Make use of your confidential and no-cost consultation immediately.
You will determine how well you like your attorney during a consultation and how you feel you can trust your attorney. That’s important to you and the attorney.

KNOW YOUR RIGHTS
This is not the time to wait. You can ask an attorney what rights you have that protect you from losing much during a car crash, especially when injuries are involved. Your car accident injury attorney knows the area well, local customs and laws, and how to make the legal system more efficient for you and your well-being. Call us now.

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Our city’s economy is booming, but growth comes with challenges. Increased population often leads to more accidents, and finding yourself in one can be daunting. Establishing fault is crucial in such situations, as the at-fault party bears liability and faces higher premiums. Here are some tips on how to determine fault after a car or truck accident:

Review the Events Leading Up to the Accident: If you were rear-ended, fault is typically clear. For other scenarios, observe if the other driver was swerving, speeding, or using their cell phone. Notify the attending officer or make a note for your attorney.
Seek Witnesses: If there were witnesses, they can provide valuable information. Obtain their contact details in case their testimony is needed later.
Check for Traffic Violations: If the other driver was ticketed, it suggests a traffic law violation that may have led to the accident. Note down the details for your attorney.
Observe the Other Driver’s Reaction: Sometimes, the other driver may inadvertently admit fault. If they apologize or claim not to have seen you, make a note of it.
Regardless of fault, it’s crucial to contact a lawyer immediately after an accident. A lawyer can help protect your rights and ensure you don’t say anything that could harm your case when dealing with insurance companies. Contact our experienced personal injury lawyers today for assistance with your car accident settlement.

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Dog bites – facts and figures

4.5 million people are bitten by dogs each year.

885,000 people (20% of all dog bite victims) require medical attention from dog bites.

359,000 people (50% of all dog bite victims) are children.

27,000 victims of dog bites undergo reconstructive surgery each year.

In one year alone, thirty-one people died from a dog attack in the United States. Homeowner liability insurance companies paid over $483 million to dog-bite victims that year.

The average amount paid per dog bite claim was $28,035.

46.3 percent of U.S. households own a dog.

85.2% of dog bite victims had no prior relationship with the dog.

87.1% of dog bites occur without an able-bodied person present to intervene.

77.4% of dog bite victims cannot defend themselves against a dog based on the victim’s age or physical condition.

Texas was ranked 7th in the country for the highest number of dog bite claims.

775 insurance claims were filed in Texas in one year alone.

Texas insurance companies paid out 15 million dollars for one year.

Texas leads the nation in Fatal Dog Attacks.

34 dog bite fatalities were reported in Texas in 9 years.

Pitbulls were responsible for 26 fatal attacks in the State of Texas.

Rottweilers caused 5 fatal attacks in the State of Texas.

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4/19/2020 law – for soldiers T1 – Car / After Accident / Insurance Companies – gtg

It happens all of the time. Too many car accident victims listen to poor advice from misinformed family members and friends. Although they have good intentions, the bad advice you hear from non-lawyers can destroy your case causing you to get no money or less money than you deserve. Once this damage is done your attorney will be able to do little to help you. This article will provide you with the information you need to avoid many of the common mistakes.

Why is it so easy for accident victims to damage their own car accident cases?

The primary reason that it is so easy for you to damage your own car accident case is due to the fact that the process was specifically designed to work that way by the car insurance companies. There are certain rules that the insurance companies must abide by as set forth by State law. These rules determine much of the way that an insurance company is allowed to communicate with the accident victim, but the rules fall short and leave a large portion of the process open to interpretation. The insurance companies use this to their advantage.

To summarize, the insurance companies can technically play by the rules (meaning they are not breaking any laws), but they can still deny your claim or reduce the amount of financial compensation that you receive based entirely on a technicality that they have complete control over.

If you think “That’s not fair!” We agree with you.

How an attorney can help you!

Now that you have a better understanding of how the insurance companies are able to get away with some of the tricks that they pull, you are probably left wondering, “How can an attorney help?”

There are many misconceptions about “how” a law firm helps you win your case. For some reason, most attorneys have always operated in relative obscurity as if they did not want to reveal their techniques. On the contrary, our firm feels that it is important for our clients to understand all of the hard work that we are doing for them. With that in mind, we offer this explanation: The way that an experienced attorney helps you win a car accident case is by understanding the tricks that the insurance companies use, and beating them at their own game.

It’s really that simple, or that complicated depending on your attorney’s level of experience. Our firm knows the techniques that the insurance companies use and we know how to navigate through the process and avoid all of the pitfalls.

Arguments, techniques, and technicalities exploited by the insurance companies

You may be asking yourself, “So what exactly are these tricks that the insurance companies use?”

Here are a few examples:

1. Anything you say can be used against you

When you speak to an insurance company representative, everything that you say can and most likely will be used against you, if at all possible. It is human nature for us to change our stories ever so slightly if we are asked the same question in a different way–and I am not talking about lying. Being asked for new information or being asked to explain the same event but from a different point of view causes us to think about events and circumstances in a different way. This brings to light new information that, in the big picture, does not change the events of your accident, that is, until the insurance company twists your words in an effort to deny or reduce your claim.

As an example, let’s imagine that you were in an accident where you were rear-ended. While talking to the responsible party’s insurance company they ask you to explain your side of the story. You explain that their insured driver hit your vehicle from behind while you were slowing for traffic. Under Texas law that would mean that their insured driver is at fault, aside from a few extreme situations. The adjuster may ask you, “So they were following you too closely?” Naturally you would agree with that statement as the whole reason that the accident happened is that they did not leave enough braking distance to stop without hitting you. The insurance adjuster might then ask you if it was making you angry that they were following you so closely. Naturally you will reply, “Yes!” Their next question may be “Do you normally stop early so that you avoid hitting the car in front of you?” Naturally, you say “Yes.” What you do not realize is that they just got you to admit that “stopped early”. You inadvertently opened the door for them to accuse you of “brake checking” the other car. You admitted you were angry that they followed you too closely. You admitted that you “stopped early”. All the adjuster must do is catch you off guard with an accusation, and you just accidentally destroyed your own case.

An attorney will help you avoid all of this nonsense by speaking to the insurance company on your behalf, thereby eliminating the possibility that they can use your words against you altogether.

2. They ask you to repeat everything

Each time you call to check the status of your claim you will probably notice that you find yourself explaining your story over and over again, and that the call is often taken by a different person than your adjuster. This is not a coincidence. This is yet another part of the above-mentioned strategy. They are creating an opportunity for you to slip up and say anything that they can use against you.

On the contrary, when you have an attorney, one single adjuster will communicate with the attorney, thereby eliminating the effectiveness of this technique.

3. Lapse of treatment

A common argument used by the insurance companies is that you waited too long after the accident to get treatment for your injuries. This is known as a “lapse of treatment” argument. For example: You are involved in an accident where the other driver rear-ended you and a witness corroborates your story. Clearly the other driver at fault so their insurance company isn’t going to argue liability (in theory). They accept liability and now their new mission is to pay you as little as possible. The insurance company discovers that you waited two days after your accident before you went to see a doctor. While you and I know that is a reasonable time period, as most injuries do not fully manifest themselves immediately after an accident, the insurance adjuster will insist that this lapse of treatment is an indication that your injuries are less severe than you claim. This creates a perfect opportunity for the insurance company to trivialize your injuries and offer you a ridiculously low offer.

An experienced attorney will establish a causal link between your injuries and the accident that would be quite challenging for the insurance company to refute.

4. Lack of police report

If you did not call the police to come to the scene after your car accident you are playing right into the insurance company’s hand. This creates a situation where it is your word against the other driver’s, and believe me when I tell you that you would be shocked to discover just how many people will lie about their liability in a car accident. If you do not have a police report that shows the other driver to be at fault, the insurance company can certainly use that against you. This goes back to the issue of the insurance company having a lot of freedom in interpreting the rules. If there is a police report that shows their driver to be at fault, they will have a hard time arguing against that. But create an opportunity for them to have a reasonable chance at denying liability, and they will certainly take advantage of that.

An experienced attorney knows that even after the accident, there is often physical evidence that shows what really happened. Our firm will often conduct our own investigation that produces a result similar to a police report when one is not available.

An Attorney’s Leverage

With all of that in mind, what makes the insurance company want to play fair with the attorney? Where does the attorney get this “power” from? In The State of Texas, an accident victim has two years from the date of the accident to file a lawsuit. Insurance companies do not want to deal with a lawsuit because it creates an opportunity for them to go before a jury, and, let’s face it, juries are not usually kind to insurance companies. Your attorney will negotiate with the insurance company and attempt to get you the compensation that you deserve. The attorney uses the possibility of a lawsuit as leverage against the insurance company. Your attorney’s presence effectively implies, “Treat my client fair or we will sue you!” Naturally, the effectiveness of that threat is proportionate to the attorneys’ ability to win cases. Our firm wins. The insurance companies are aware of this, and they take us seriously.

In conclusion, the best way to avoid damaging your case is by contacting a lawyer immediately after your car accident, before you ever have an opportunity to fall into an insurance company trap. The experienced car accident attorneys of our Law Office will listen to your story, help you make informed decisions, and guide you through the process toward a favorable outcome. Don’t be a victim twice.

If you have any further questions or would like advice, please contact us for a free consultation. Our attorneys are happy to answer any questions you may have.

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What to Expect After a Kerrville Car Accident

Car accidents happen in Texas every day. This article describes the basic overview of what to expect after a car accident (from the perspective of the accident victim who has sustained an injury).

The process is generally made up of the following phases:

1. The scene of the accident

The car accident itself usually only takes a matter of seconds, but the specific details that occur in these moments will largely determine what to expect in the coming weeks or months. Instead of explaining what you should have done, I will list some of the common mistakes and hopefully, you can take advantage of this information to avoid those pitfalls.

You should always get a copy of the police report. If you fail to a copy of the police report you may create a situation where it comes down to your word against the other driver’s word. A potential client contacted our firm recently and shared a story where that was exactly what happened. His car was crashed into by a pickup truck that lost control when it was driving too fast in the rain. The victim chose not to call the police and a report was not filed. The victim filed a claim with the other driver’s insurance company and they conducted an “investigation”. When the insurance company asked their insured driver he just lied and claimed that another car hit his truck which caused it to spin out of control and crash into the real victim. It was an utter fabrication, but the insurance company used that lie as the basis for denying the victim’s claim all the while claiming that the imaginary 3rd car was to blame and that the victim should track down their insurance company. Let’s get real here. The other driver’s insurance company did not actually think that some mysterious 3rd car caused the accident. They were simply in a position to deny coverage for the victim based on a technicality and they did just that.

Do not trust the other driver. Often, the other driver will try to talk you into accepting payment out of pocket instead of dealing with their insurance company. DO NOT FALL FOR THIS! While the other driver may not have malevolent intentions, it is very likely that they do not have the resources to pay for your property damage and your injuries out of their pocket. Few people have that kind of money lying around, and those that do are usually smart enough to have insurance to protect their assets. Even if you only have minor injuries your medical expenses can still approach several thousands of dollars quite easily, and few people have the assets to properly compensate you for these injuries. Additionally, they may give you an excuse as to why they need to leave the scene, but they promise to meet up with you later to exchange insurance information. You should never allow this to happen. Chances are, you will never see them again.

If you have been injured, go directly to the hospital. Failure to get medical care in a timely fashion will diminish the validity of your assertions of pain and suffering, and it will effectively give the insurance company another argument to make against paying you a reasonable amount of money. Put yourself in the insurance company’s shoes. As far as they see it, if you did not even bother to go to the hospital, you must not have been injured that bad. An experienced car accident lawyer can help you overcome this argument. Nevertheless, this is an argument that you need to be aware of.

2. Treatment

The second phase of the process involves getting the treatment you need for your injuries. Getting your health back on track is the most important aspect of your car accident case for obvious reasons. The way that the treatment phase is handled will also have a dramatic impact on the financial outcome of your case.

As a car accident attorney, I hear countless stories from my clients where a relative has given them some pseudo-legal advice. The vast majority of it is completely inaccurate, but probably the worst example I have ever heard is where a client’s relative advised her not to take an ambulance to the emergency room after her accident (in which she suffered significant injuries) because the ambulance bill would ultimately be taken out of her settlement and she would get less money in her pocket. That is a very skewed perception. Any and all medical bills serve as the foundation for any civil action taken against the responsible driver and their insurance company. In short, the more legitimate medical expenses that you have, the greater the potential value of your case. Conversely, if your medical expenses are too small the insurance company will have a strong argument that your damages are too small to justify any type of decent settlement. The rationale is that if you are not injured badly enough to see a doctor then you are not hurt badly enough to justify an insurance settlement. If you are legitimately injured and you have already let time pass between your accident and treatment, or you have not received enough of the treatment you need to validate your claim, our lawyers still may be able to help you save your case. We recently tried a case in which a young woman was rear-ended and she suffered a back injury. Because she did not get the proper treatment, her severe injury had gone mostly undiagnosed. The insurance company offered her $900 for her pain and suffering. Luckily, the client knew a bad deal when she heard one, and she hired our firm to represent her. By getting her the treatment that she needed, which resulted in substantive medical expenses that we could base her lawsuit on, we were able to turn her $900 offer into a six-figure settlement.

3. Claim

The third step in the process is the claim phase, whereby the accident victim or their attorney will file a claim with the other driver’s insurance company. Technically speaking, the claim will be ongoing at the same time as the treatment phase. For most people, the claim process starts just after the car accident occurs. The vast majority of our car accident clients made an attempt to resolve the issue with the other driver’s insurance company and they turn to us only when they realize that they are not going to be treated fairly. Once a lawyer becomes involved, the accident victim can just focus on getting better and the lawyer will now deal with the hassles of the claim process. The lawyer “runs interference”, so to speak, for their client. This is a great benefit for the client as it insulates the client from the adjuster’s tricks.

The claim is divided into two sections: The property damage claim, and the personal injury claim. They are often handled by two or more different insurance adjusters, of which the more aggressive and experienced adjuster will handle your personal injury claim. There is not a whole lot of “gray area” in the property damage claim. A car will have X value and Y amount of damage. If the cost of repairing the damaged vehicle is reasonably proportionate to the value of the vehicle, the insurance company will fix it. If the cost of repair will cost almost as much as, or more than the value of the car, they will simply deem the car a total loss and cut you a check for the approximate value. While the price they give you is not always fair, the process of determining value is, for the most part regulated and this affords the adjuster few opportunities to play games.

On the contrary, the personal injury portion of the claim is considerably different. The rules are largely open to interpretation and the insurance companies often treat injured victims unfairly. The primary reason for this poor treatment comes from the fact that health care costs a great deal of money. The insurance company, just like any other business, would like to pay out as little as they can. They employ many techniques to keep you from getting all that you are entitled to. In their defense, the insurance companies do have a tricky job in the sense that they have to deal with the abundance of scammers out there, who attempt to lie about their injuries and commit insurance fraud. While that is a daunting task, it most certainly does not excuse the insurance companies from the way they mistreat honest people with real injuries.

4. Property Damage Resolution

Once liability has been determined, the other driver’s insurance company will compensate you for the damage to, or loss of, your vehicle proportionate to the amount of liability that they have. The property damage situation is generally resolved long before the personal injury portion due mostly to the fact that the claims process for property damage is pretty straightforward. Matters related to property damage are more closely regulated by The State, so the insurance companies usually don’t mess around way they do with the injury portion of the claim. As an added benefit to our clients, our lawyers can handle the property damage negotiations as well. We do NOT charge attorney fees for helping with this part of the process.

5. Injury Resolution

The moment the client has completed their medical treatment, our attorneys will calculate all of the client’s damages. The term damages refers to any and all money that a client deserves as a result of the accident. Some types of damages are more apparent such as compensation for medical expenses, lost wages, and pain and suffering. There are other more obscure forms of damages as well. For example, you can be compensated for mental anguish if your accident has caused you to suffer from depression. If your injury has made it hard for you to be intimate with your spouse or partner, you can be compensated for that as well. There are numerous forms of damages, and our lawyers work to make sure that you are compensated for everything that you are entitled to.

Once all of your damages have been assessed, a “demand packet” is sent to the other driver’s insurance company (or their attorneys if applicable). Upon receipt of the demand packet, the negotiations begin and our attorneys fight to reach a fair resolution for our client. If both sides can arrive at a fair agreement the case is “settled”, meaning the defendant or their insurance company pays an agreed-upon amount to our client. If such an agreement can not be reached, then the case will likely go to trial and a jury will decide the outcome.

If you have any further questions related to how car accident cases work, feel free to contact us. Our attorneys are happy to answer any questions you may have.

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Can you really trust an insurance company?

As a car accident attorney, I often hear a phrase: “The insurance adjuster seemed so nice… I thought I could trust them.” Unfortunately, this phrase is always followed by an explanation of how the adjuster has tried to (and in some cases succeeded to) take advantage of the accident victim.

If you have been involved in a car accident, you will likely have to deal with an insurance adjuster at some point in the claims process. The vast majority of our firm’s clients hire us after they have realized that the insurance adjuster is not going to treat them fairly, and or the insurance adjuster is not going to offer them a reasonable settlement. (Note: The sooner a lawyer becomes involved in your case, the greater the likelihood of a high dollar settlement.) More often than not, the accident victim does not realize that they are being taken advantage of until it is much too late because the insurance adjusters are nice to them and the accident victim has no idea that they are being led into a trap.

In my 20 years of practicing this type of law, one thing remains certain:

THE INSURANCE ADJUSTER IS NOT YOUR FRIEND!!!

To put this into perspective I want to share a story that is, unfortunately, a true story about a woman who fell for the “We care about you” act. Her misplaced trust cost her potentially millions of dollars.

For twenty years, I have been trying to help victims who have been involved in 18-wheeler accidents. This work unfortunately puts me in frequent contact with the insurance companies that provide coverage for the trucking industry. I have seen these insurance companies employ countless deceitful tactics to preserve their bottom line, but few cases have stuck with me as long as the story of Jackie.

Jackie was a mother of three, married to her high school sweetheart, Joe. Joe was killed by an 18-wheeler. He was changing a flat tire on the side of the road, when an inattentive 18-wheeler driver swerved onto the shoulder and struck Joe, killing him instantly.

The insurance company providing coverage for this 18 wheeler knew about Joe’s death before Jackie did. They had already sent an attorney and an accident recreation expert to the scene to build a case against Joe by the time Jackie even got the news.

Needless to say, Jackie was devastated when she heard. The insurance company quickly realized that the 18-wheeler driver was liable for the accident. Jackie had gone to the morgue to identify her husband’s body, where she was confronted by an insurance adjuster with a settlement offer. Jackie was furious.

Unfortunately, this is a common tactic employed by insurance companies. They will often send an insurance adjuster to a victim’s family shortly after the incident, hoping to take advantage of the tragedy in order to protect their bottom line. But in this situation, Jackie’s brother forced the insurance adjuster to leave.

Jackie’s brother also suggested that Jackie sue the trucking company. But Jackie said that she was not “money-hungry.” She trusted the insurance company to compensate her fairly. The accident was their client’s fault, after all. Surely they would help her in this crisis.

For two weeks, Jackie received countless phone calls. Eventually, she agreed to meet with an insurance company representative. The insurance adjuster came prepared. She had a settlement package already filled out, ready for Jackie’s signature – and she was very aggressive in seeking it. The adjuster also convinced Jackie that, if she took the trucking company to court, she would only receive compensation for her husband’s lost wages. This, of course, was a bald-faced lie.

Jackie was frightened and overwhelmed. She was faced with the prospect of raising her three children alone. She was suspicious, but she agreed to accept the settlement if she could have it reviewed by an attorney. Without missing a beat, the insurance adjuster got on the phone and brought an attorney to Jackie’s house.

Little did Jackie know that the attorney was employed by the insurance company. He glanced over the settlement and told Jackie that it was the best offer she was going to get. Reluctantly, she signed the settlement.

Only too late did she realize how small the settlement really was. With the help of an experienced attorney, she could have received compensation for her husband’s lost wages, any funeral expenses, the loss of companionship caused by his death, and possibly even punitive damages. She deserved a million-dollar settlement. What she got was a settlement worth only a few years of her husband’s wages. And to make matters worse, the settlement was written in such a way that, once Jackie’s children were grown, her payments dwindled to $600 per month. $600 per month as compensation for the loss of the man she loved.

I wish I could say that this was a one-time incident, but this sort of thing happens every day. The insurance adjuster who essentially scammed Jackie out of the compensation she deserved was likely hailed as a company hero, saving the insurance company millions of dollars.

The bottom line is that these insurance companies care only about their own profits, and they will do almost anything to protect themselves. If you or someone you love has been involved in an 18 wheeler accident, you must seek out an experienced attorney immediately. Don’t fall for the tricks employed by these insurance adjusters. Make sure that you and your family receive the compensation you deserve.

As you can tell from that story, insurance companies will often resort to unscrupulous methods to pay out as little money as they can. I find it interesting that our society can see through a sales pitch, or at least recognize that it is one, yet they rarely second guess the sales pitch of an insurance adjuster.

If you plan to deal with an insurance adjuster without an experienced attorney to help you, you must, at the very least, be aware that the vast majority of what they ask of you and say to you is a well-orchestrated pitch designed to lure you into a position where they can take advantage of your good nature. That effectively, IS, the insurance company’s business model.

I am a realistic attorney and I understand that there are people who would rather not hire a lawyer or sue and an insurance company. Additionally, understand that not every single car accident requires the expertise of an attorney. But, I do think that everyone who has been in a car accident should at least be aware that the insurance adjuster is not really your friend and that all of their supposed interest in your well-being is just part of the sales pitch. Generally speaking, if they are treating you particularly well it’s because they know they have some liability and they are trying to charm you into not suing them for big money while they attempt to pacify you with a small settlement.

In short, get a second opinion from our experienced attorneys before you accept any offer. You’ve got nothing to lose and potentially much to gain.

Just call to speak to one of our lawyers, and we will give you an honest appraisal of the situation as to whether or not you are being treated fairly by the insurance companies. We are glad to answer any questions you may have.

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