10/28/21 – Personal Injury – Truck – Boat – Car – Slip & Fall – Wrongful Death – gtg
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CHILDREN OF RETIRED POLICE OFFICER WERE AWARDED ONE MILLION ($1,000,000.00) DOLLARS AFTER THE INSURANCE COMPANY FOR THE OTHER SIDE ORIGINALLY DENIED RESPONSIBILITY FOR THEIR CLAIM!
How can this happen to us? That’s just what Joe, Brenda, and Judy, the surviving teenage children of a retired police officer and his wife said to us when their parents were both killed in a terrible accident after being struck broadside by a large semi-tractor trailer on a rain-soaked highway. What was to be a day of family fun and snow skiing turned out to be the worst day of their lives.
To make matters worse, our initial telephone conversation with the insurance company representing the truck driver (who wasn’t even hurt) denied any responsibility at all for the accident. They said the accident was the entire fault of our clients’ parents! Even the police report cited our clients’ parents as being primarily at fault.
We then learned that although the other side wasn’t accepting responsibility for this accident, they had one of their insurance representatives go to the hospital and try to “convince” Joe (who was recovering from very serious injuries) that he should settle his case, right then and there, for $100,000! Joe told us that even though he told the insurance representative that he couldn’t remember a thing about the accident, had no idea what his injuries were and with all the medication in him couldn’t think clearly, the insurance representative continued to tell him that settling his claim was the smart thing to do. That if he didn’t accept the money right then and there, they wouldn’t offer it again to him in the future.
Joe didn’t settle his claim and frankly, after further investigation, the police report just didn’t make sense to us. Our review of the facts clearly led us to believe that the truck driver was operating his large semi unsafely on the day of this accident; especially after rain the night before had left the highway wet and slippery! We instantly filed a lawsuit and started going to work for our new young clients. They needed all the help they could get.
During our investigation, we discovered in several investigators’ notes the name of an off-duty paramedic who was also on his way up to the local ski area and who had seen the entire accident. For some reason, the police hadn’t taken his formal statement or included what he had seen in their final accident report. The paramedic testified under oath that before the fatal collision, the truck had been traveling at about 70 mph and was changing lanes unsafely.
We also checked out the driving record of the other driver. It was terrible. The defense attorneys for the other side didn’t even know of his poor driving history. This guy had tickets all over the place for speeding and other unsafe actions.
To make a very long story short, we were able to get the other insurance company to settle our clients’ claims for $1,000,000.00. The settlement funds were placed into annuities, which now provide each child with a safe long-term monthly non-taxable recovery. While their lives will never be the same, financially they’ll have sufficient funds to go to school and survive for the rest of their lives.
Call our office toll-free today for a free consultation.
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AFTER BEING OFFERED ONLY ONE DOLLAR ($1.00) BY THE OTHER SIDE’S INSURANCE COMPANY, CLIENTS WERE AWARDED A FAVORABLE GROSS FEDERAL JURY TRIAL VERDICT OF ONE MILLION TWO HUNDRED FIFTY-THOUSAND ($1,250,000.00) DOLLARS
Tim and Judy lost their 16-year-old son in a tragic boating accident. Before this accident, this family was an active and fun-loving family that enjoyed participating together in outdoor activities, especially jet skiing and other water sports.
A reckless watercraft operator tried to negotiate a blind turn in a narrow reed-lined channel and struck a watercraft being operated by Tim’s 16-year-old son resulting in his almost instant death. Despite the fact that several witnesses told the investigating police officers that the other person caused the accident, the final investigative report, which came out 2 weeks later, incredibly cited Tim and Judy’s son as being entirely at fault in the accident. Tim, Judy, and the rest of their family were devastated by this news. They knew that the news was not true and frankly, extremely desperate when they came to my office to ask me to find out exactly what happened on this tragic day, which we did.
We immediately started to investigate what really did happen on the day of this accident and interviewed and took the statements of all of the important witnesses. Even after the other side’s insurance company only offered $1.00 to settle our clients’ wrongful death case, we advanced all the money and time it took to get this case ready for trial. We flew out of state several times to take depositions and hired experts to help us recreate the accident. We spent thousands of dollars of our own money to make sure that our client’s case was properly and thoroughly investigated and prepared.
After the reckless watercraft operator’s insurance company failed to properly step up to the plate and honor their obligations to compensate our clients for their untimely loss (and as they were obligated to do under State and Federal law), we took the responsible party and their insurance company to a jury trial in the U.S. Federal District Court. After 5 days of trial and almost 3 more days of deliberation, the jury accepted our contentions and returned a substantial “gross” jury verdict in the sum of $1,250,000.00. The verdict resulted in our clients’ family experiencing some level of closure, especially after the jury agreed with them, and the witnesses, that the other party was responsible for their son’s death.
Call our office toll-free today for a free consultation.
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PARENTS OF ADULT CHILDREN WERE AWARDED ONE MILLION ($1,000,000.00) DOLLARS AFTER THE INSURANCE COMPANY FOR THE OTHER SIDE ORIGINALLY DENIED THEIR CLAIM!
We represented Kati and Larry relative to the death of their 16-year-old son in an extremely tragic head-on collision. In the car was our clients’ son’s best friend who was also fatally injured. First, the insurance company for the other driver denied any responsibility for the accident (despite the fact that the police report said the other driver was at fault). Next, the same insurance company told us over the phone that even if their insured was at fault, it only had $100,000.00 in liability policy limits to cover the claim, which they were not offering.
We studied this company’s insurance policy and frankly, felt this nationally well-known insurance company was either mistaken in their policy representation to us or even worse, was intentionally trying to mislead our clients as to the amount of insurance that was available.
After filing a Superior Court lawsuit and exchanging interrogatories, we learned that in addition to the $100,000.00 liability automobile policy, there was also another liability “umbrella” policy in existence in the amount of $1,000,000.00.
We then continued with our legal efforts and spent the next 6 to 9 months getting the case ready for trial which included hiring experts and taking depositions. After 3-4 settlement conferences before the trial judge, the case was settled for $1,000,000.00. Remember, this settlement took place about 1 week before our jury trial was set to start and almost 1 year since the responsible party’s insurance company denied our claim in full!
Call our office toll-free today for a free consultation.
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BAD FAITH BY AN INSURANCE COMPANY RESULTS IN A TOTAL PAYOUT AND SETTLEMENT IN EXCESS OF THREE MILLION THREE HUNDRED FORTY SEVEN THOUSAND ($3,347,000.00) DOLLARS
Ben was a young man just in the process of finishing school when the vehicle he was in was struck head-on by another truck traveling at about 50 mph. The driver of the other truck was in the process of drag racing his friends on a narrow dirt road and according to witnesses and the police report, probably under the influence of drugs or alcohol at the time of this accident.
All of the vehicles in this accident were completely totaled and Ben was lucky to have survived. However, Ben’s injuries were extremely serious and resulted in tens of thousands of dollars in medical bills.
Because the negligent driver didn’t have liability insurance, we properly pursued a claim on Ben’s behalf with his own insurance company (one of the largest and most well known insurance companies in the United States) under his uninsured motorist coverage. After receiving a copy of Ben’s policy and making a demand for settlement in the range of several hundred thousand dollars, Ben’s own insurance company refused our settlement offer and incorrectly took the position that his uninsured motorist policy would only cover Ben for $30,000.00. This wouldn’t even come close to covering Ben’s current medical bills, much less what our experts were telling us his future medical bills would eventually grow to.
We knew the insurance company was incorrect in their interpretation of Ben’s insurance policy and hired medical and accident reconstruction experts to help us get this case ready for trial. We spent a week taking depositions out of state and subsequently obtained a binding arbitration verdict for Ben against his own insurance company for more than $865,000.00. Knowing that Ben’s insurance company was in “bad faith” and had tried to save money by refusing to take good care of its own insured, we then filed a “bad faith” lawsuit against the insurance company to not only hold them accountable to Ben for unnecessarily delaying his claim, but to also deter them from doing this to someone else.
After more depositions and discovery and with quite a bit of work and negotiations with the insurance company’s agents and lawyers, we forced the insurance company to pay out another $2,500,000.00 to settle the “bad faith” portion of Ben’s claim. Remember, that’s after already obtaining $865,000.00 for Ben during the earlier arbitration.
The best news for Ben is that these awards and settlements allowed him to pay all of his medical bills and start a new life. He was able to continue with his education and learn a new trade. Ben is back to work and has his entire life ahead of him.
Call our office toll-free today for a free consultation.
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OUR LAW FIRM OBTAINED A TWO HUNDRED FIFTY THOUSAND ($250,000.00) DOLLAR POLICY LIMIT WRONGFUL DEATH SETTLEMENT OFFER ONLY 59 DAYS AFTER THE CLAIM WAS ORIGINALLY DENIED BY THE NEGLIGENT DRIVER’S INSURANCE COMPANY TO THE CLIENTS’ ORIGINAL ATTORNEY
After being told by the claims adjustor handling this file that liability issues would in all likelihood result in his prospective clients’ wrongful death claim being denied, a local attorney referred his out-of-state clients to our Law Firm for a second opinion. We promptly conducted a preliminary factual and liability investigation of the accident and were formally retained. We immediately rolled up its sleeves and went to work.
Although the case involved several “complicated issues,” we had dealt with them in the past and were prepared to take on this new challenge. Furthermore, we shifted the burden of proof to the defendant regarding liability, a burden they knew the defendant would not be able to overcome at the time of trial.
Prompt Policy Limits Settlement- Less than 60 days after being retained, our Law Firm confirmed, and then obtained, a liability insurance policy limits settlement offer in the amount of $250,000.00. In all fairness, the unusually fast settlement was probably a combination of our legal analysis of the claim and the solid reputation we have maintained with the settling insurance carrier. Over the years, we had successfully settled and/or taken to trial numerous large dollar cases against this particular carrier and they were aware that we would just as soon take this case to trial as we would settle it.
In any case and prior to accepting the actual settlement and with the clients’ best interest in mind, we required the settling insurance carrier to confirm via a specially prepared verification, signed and dated by the defendant, the extent of all liability coverage applicable to this claim and whether or not there were additional third-party benefits including, but not limited to, liability umbrella policies.
Call our office toll-free today for a free consultation.
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The Secret of Winning a Tort Lawsuit: Get an Experienced Injury Lawyer
Have you ever been bullied or taunted by other people? Has anybody tried to taint your reputation which led to your emotional breakdown and psychological depression? Have you been physically harmed by someone? Well, if your answer to all these questions is yes, then you need to learn more about tort law to protect yourself from further harm.
Tort law, which includes personal injury law, allows individuals who have been physically, emotionally, psychologically, and even financially harmed due to the negligence and wrongdoings of other people to be compensated by those that have inflicted damage on them. Therefore, these laws legally protect individuals from harm or torts. It is also a form of remedy for the harm that was inflicted. With the help of a good injury lawyer, a satisfying compensation may be available to the plaintiff or victims.
What is Tort Law?
Before hiring the best injury lawyer, you might want to know what Tort Law is about. This law actually provides remedies for wrongdoings, specifically civil wrongs that are recognized by the state. When these wrongdoings end up hurting and inflicting pain to an individual, the one who inflicted the pain, may it be intentionally or due to negligence, will be liable as long as the plaintiff is able to prove the damage.
There are two methods of compensation for the wrongdoings or negligence done; it is either by monetary compensation or injunctive relief. In case of an injunctive relief, the defendant will be ordered by a court decree to either refrain from doing a specific task or act, or he could be ordered to do something in order to compensate for the damage.
Tort law also emphasizes that everybody has the right to be free from any bodily, property, and reputational harm. Anything, whether due to negligence or intentional, can allow an individual to file a legal action against the one who has wronged him or her. Tort law, together with an injury lawyer, will be your weapon against anyone who wishes to harm you or any of your loved ones.
Which lawyer to choose
There are many injury attorneys, but here are some aspects of a good lawyer you should look at:
Versatility.
It may be true that there are a lot of other injury lawyers out there; however, the combined knowledge of these lawyers is their most powerful attribute. They have not only legally represented clients and won in the field of personal injury lawsuits, but have also won a lot of other lawsuits which includes the field of criminal law, family, and employment areas as well.
Experience.
The years of experience make a good lawyer assertive, tough, and wise. They will not settle until you get your compensation. They will try to give you the best compensation, and if they don’t, they promise not to ask for any fee. They have confronted a lot of different and complex issues before.
If you want to win a tort lawsuit, you need not only the best but also the most assertive and knowledgeable attorneys in town.
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3 Easy Steps To Understand How Slip And Fall Accidents Happen
“Slip and fall” accidents are pretty much self-explanatory but it is a good idea to know even more about this. Those accidents happen usually at work and the victims might be injured. If the injury is not severe then everything is ok but in some cases, slip and fall accidents can lead to bad consequences. The victim might break an arm or a rib and he or she might be unable to work.
This article will explain everything to you in detail and it is a good idea to continue reading especially if you have been involved in such an accident. Furthermore, you will find out how a slip and fall lawyer can help you in this case.
Bad working conditions
Usually, those are the main culprits of all slip and fall accidents. Also, another reason for those accidents is the carelessness of the employees, but in rare cases. If the employer doesn’t offer safe working conditions then the employees are more prone to various accidents. For example, if the light is not sufficient, if the space is not big enough to work, or if the equipment and working tools are of poor quality, sooner or later incidents will happen.
Bad consequences will follow
If someone has been involved in a slip and fall accident and the injury is serious, then he might be unable to work for a while and he might also need medications. In some cases, the employee is not guilty for this but the employer because he didn’t provide safe working conditions. If the employee cannot work he might be unable to pay the bills and this is how the situation develops into something dramatic. Usually, the insurance company can help in this case but there are situations when the amount of money paid by the insurance company is insufficient.
How slip and fall lawyers can help
In this case, the victim is advised to hire a professional lawyer to protect his rights. If he wins the cases then he will receive the deserved amount of money to sustain his family financially until he can work again. Those lawyers can uphold justice and it is your right to be treated fairly.
So, a simple slip and fall injury can lead to something very bad and that is why it is a good idea to provide great working conditions for your employees if you own a company. If you have been a victim, contact a lawyer and discuss your case at length.
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Different Aspects of a Wrongful Death Claim
When someone’s faulty or negligent behavior causes the death of another individual, the victim’s family or loved one may be able to bring a wrongful death lawsuit against the responsible party. The purpose behind filing a wrongful death lawsuit is to seek compensation for the losses that the survivor has suffered because of the death of the victim. Some of these losses may include things like lost salary from the deceased, funeral expenses, and lost companionship.
If your loved one or someone from your family has died because of the fault of another individual/party, you must file a wrongful death lawsuit. Learning about the various factors related to wrongful death claims will help you understand your case a lot better.
What does wrongful death claim refer to?
A wrongful death claim occurs when an individual dies because of the legal fault of another party or person. As far as the law is concerned, the right to file wrongful death lawsuits is rather new. It was during the last century that the federal and state courts created the right of bringing a wrongful death claim. Every state, at present, has some sort of wrongful death law. All sorts of fatal accidents such as car accidents, medical malpractice as well as product liability cases may fall under the category of wrongful death if those accidents cause the death of another. Companies, individuals, or governmental agencies may be legally responsible for one’s death if they failed to act in a reasonable manner and their negligible attitude caused death to someone.
Who may file wrongful death lawsuits?
A representative may file a wrongful death lawsuit on behalf of the survivors who have suffered damages from the deceased’s death. The executor of the deceased’s estate may act as the representative. The survivor may also be termed as “real parties in interest” and this may differ from one state to the other. Some of the examples of “real parties in interest” include:
Immediate members of the family: An immediate family member of the deceased will always get the upper hand as far as being the “real parties in interest” is concerned. Some of the examples of immediate family members may include, spouse, children, and that includes adopted children too, father or mother of unmarried individuals, and so on.
Life partners, putative spouse, and financial dependents: Some of the states would also give the right of recovery to any life or domestic partner that may have been financially dependent on the deceased. A putative spouse is someone who was in good faith that he/she was married to the decedent.
Distant family member: Some states often allow a distant family member to file a wrongful death lawsuit. Distant family members may include sisters, brothers, and grandparents.
Anyone who suffers financial losses: At large, some of the states may also allow anyone who suffers financial losses, make a wrongful death claim.
If anyone close to you has died an untimely death because of the fault of another individual, it is important for you to take legal action against the responsible person. Get in touch with a wrongful death lawyer if you are looking to file a death lawsuit.
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10/4/21 – Personal Injury – Defective Drug – Insurance Dispute – gtg
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Your defective drug attorney at our Law Firm is here for you.
Recently there have been a series of major class-action lawsuits involving defective drugs, dangerous drugs, defective medical devices, and defective products. Our defective drug attorneys have represented clients all over Texas who were injured as a result of taking defective drugs, dangerous drugs, or defective products that were shown to be harmful.
Finding a drug attorney to help with your defective pharmaceutical product or defective medical device case is an important step to resolution. Your defective drug injury attorney usually specializes in pharmaceutical litigation and nothing else, which gives them exceptional experience with defective drug legal procedures, case history, and anything else related to dangerous drugs that a medical attorney should know. If you qualify, a drug defense lawyer will take your case on contingency. Your attorney will focus on your drug lawsuit issues, allowing you to take care of your health knowing that you will get through the process.
Your defective drug attorney may also have defective drug doctors referrals or resources for you. This will help with other situations related to your defective drugs, dangerous drugs, defective products, or defective medical device case and will assist you in any way he can. During your research process to find a defective drug attorney, you may talk to several before deciding on one that you feel comfortable with. You can shorten that process by coming to our defective drug attorney team first. Remember, a good defective drug attorney will have a track record of success in pharmaceutical law litigation.
If you have suffered any serious health risks due to dangerous drugs or defective products contact our Law Firm any time of day to speak with a personal injury attorney. Your defective drug attorney will handle your claim personally.
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An Insurance Dispute Lawyer can help with your claim.
If you’ve been involved in an auto accident and have a personal injury claim, you probably have had to deal with insurance companies. Insurance companies are in business to make money from personal injury claims after auto accidents and often use tactics such as denying and delaying valid personal injury claims in order to avoid paying what they should, causing insurance disputes. If you are involved in an insurance dispute and think you are not being treated fairly, your personal injury lawyer can represent your interests to the insurance company and make sure you get what you deserve.
The personal injury lawyers at our Law Firm are experienced in handling insurance disputes with insurance companies. We represent clients in a wide range of insurance disputes. Your personal injury lawyer can handle personal injury claims ranging from denial of claims under auto or health policies to cancellation of coverage on the basis of mistakes or false information in the application. For specific information about your rights and options in a dispute with your insurance company, contact an insurance claim attorney or car accident lawyer at our Law Firm.
Your insurance claim attorney or personal injury lawyer may tell you it is not uncommon for an insurer to offer a low settlement on a claim and then deny coverage on the basis of a condition, exclusion, or even a problem with the application, causing insurance disputes. Insurance companies have even been known on occasion to simply cancel the policy in the hopes that the injured party will not contend the decision and that is when insurance disputes occur. Your insurance dispute lawyer and a car accident lawyer can evaluate your bad faith insurance personal injury claim in cases where the insurance company’s denial of coverage or defense appears to be a tactical decision on its part, causing insurance disputes, rather than a legitimate exercise of its rights under the policy. With a good insurance dispute lawyer or personal injury lawyer, you can rest assured your rights are protected even from your own insurance company and avoid insurance disputes.
Your insurance dispute lawyer with our Law Firm is available 24 hours a day, 7 days a week. Call us or email us right now to speak with an insurance dispute attorney.
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Our personal injury law firm serves many locations across the state.
The personal injury attorneys of our Law Firm travel all across Texas to represent injured parties who need help and protection after their auto accident, slip and fall, or other personal injury accident. No area of this great state of Texas is too far away from us. If you can’t get to our office, we will come to you at home, at work, or wherever you are.
Your injury attorney will come to you. We understand that your life is busy and you may have work, school, or a family to handle. After your personal injury accident, you will also have doctor appointments, chiropractic visits, and other injuries to attain to. We will help you get the medical treatment you need after an auto accident or dog bite injury. As your personal injury attorney, we want to see you healed and back to normal. We understand that you need time to heal and rest before gallivanting around again getting back to your everyday schedule.
Did your auto accident ruin your car and do you need help getting a rental? Do you need help getting your car fixed? Our personal injury attorneys have contacts all across Texas to help get your car fixed after the auto accident. Not only can we help your car, but our personal injury attorneys will refer you to the top-of-the-line doctors, chiropractors, or massage therapists who know personal injuries and can help get you healed. The staff of personal injury legal assistants will set up the appointments for you in the city closest to you and pay for that treatment from the settlement. You won’t have medical insurance financial burden because your personal injury case settlement should take care of those costs and help with future medical bills.
With us representing you for your personal injury case, you can rest easy knowing we serve all of Texas. Our personal injury attorneys will be there for you and your family. Not sure if you have a personal injury case? Call our personal injury law firm and we can tell you. Don’t believe we serve all of Texas but you have a personal injury case and you need help? Call our office and we will come to you and help with your personal injury case.
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Doctor Referrals from our personal injury attorneys.
If you are in pain and need help with an attorney-doctor referral, the personal injury attorneys at our Law Firm are here to help you. The attorney-doctor referral section on our website contains a list of medical professionals we know and trust. We have met with each one personally and trust that they are qualified to get you the care you need. You may need a well-trained chiropractor, an experienced medical doctor, and/or a professional physical therapist on your team.
In an emergency situation like a personal injury accident, you need to depend on a well-trained medical doctor. Your medical doctor is qualified not only to handle issues related to family medicine but also to treat your personal injury. The personal injury attorneys at our Law Firm care about your health and want your recovery to be as smooth and hassle-free as possible.
Ignoring injuries at the time of accidents will not make them go away. Many thousands of injured people live with permanent damage, years after their accidents. At our Law Firm, we understand that back injuries affect every aspect of your life. It is important that you get the treatment your body needs to make a full recovery. The personal injury attorneys at our Law Firm will help you find a good chiropractor to get you back to work and back to your normal life. Listening to your back injury lawyer and following through with the recommendations of your physician, may save you untold suffering, medical costs, and future surgical procedures, later in life.
Physical therapy can help get you back to more normal life and back to work after the trauma of getting hurt. If your personal injury accident is a very serious one, you may need extensive rehabilitation, requiring a well-trained and experienced physical therapist.
Choose a health care professional your back injury lawyer knows and trusts. When you are injured, seek the help of a health care professional. If you are in pain and need help finding a health care professional, the personal injury attorneys at our Law Firm will help you find the best chiropractor, medical doctor, and/or physical therapist.
Call an accident lawyer at our Law Firm today and we will direct you to a trusted medical provider who will help you get the care you need.
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Mediation Services
A mediator must be neutral, impartial, objective, flexible, intelligent, patient, persistent, empathetic, effective as a listener, imaginative, respected in the community, honest, reliable, non-defensive, persevering, persuasive, forceful, and optimistic.
Principles of negotiation and problem solving which emphasize the long-term interests of the parties are the primary ingredients of the process. The mediator acts as a catalyst and advocates for the resolution of the dispute by assisting in the definition of the issues; dissolving obstacles to communication; exploring alternatives, and facilitating the negotiators to reach an agreement.
What are the components of a good mediator?
Fair and impartial – it sounds obvious, but it is the critical starting point. It means considering all sides of a dispute with equal compassion and understanding the issues and needs of all parties. I don’t want to be seen as working especially hard for one side or the other. I want to be recognized as working hard for a fair compromise.
Understands the law – the attorneys involved in mediation can’t spend time explaining the law to the mediator. The mediator has to grasp the issues behind each case.
Involved in the process – a good mediator listens to the arguments to the parties’ needs, and a good mediator understands the motivations for all parties. There is always more to a case than just money. You don’t want to be in a hurry. You need to spend the time necessary to help develop a settlement. The parties don’t want to feel like they’re being rushed out the door.
Appropriately aggressive – a mediator is more than a courier taking offers and demands back and forth between parties, but a good mediator cannot force or coerce a settlement. The goal is to help the parties reach their own settlement.
A great mediator has outstanding interpersonal skills that facilitate mediation. Should be intelligent, articulate, passionate about the practice of law, and compassionate toward all litigants. They should also understand that litigation is always personal to the litigants and does their best to ensure that the mediation process is fair.
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legal 9/17/21 – Motorcycle – Spinal Cord – Distracted Drivers – How to find an Attorney – gtg
Motorcycle Accidents Overview
Over 4 million motorcycles are registered in the United States, and motorcycles are especially popular for recreation and transportation in Texas. Motorcycles are fun to drive, they offer excellent fuel efficiency, and can be less expensive to buy than a car. Motorcycles are also significantly more dangerous than cars, and motorcyclists may become seriously injured or killed in collisions with cars and trucks. Motorcyclists comprise just two percent of all registered vehicles in the United States, yet approximately five percent of all highway fatalities each year involve motorcyclists and their passengers.
A collision between a vehicle and a motorcycle driver is a gravely unequal contest. In contrast to cars and trucks, a motorcycle itself provides virtually no protection in a crash. In a motorcycle accident, the motorcyclist’s injuries are likely to be far more serious than those of the vehicle’s occupants.
Even when motorcyclists and their passengers use safety equipment such as a helmet and protective clothing, they may become injured as a result of faulty highway design, or because of defective safety equipment, or a malfunction of the motorcycle.
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Spinal Cord Injury Attorneys
In serious accidents, the spine can be injured, anywhere from the cervical area (the neck) down through the lumbar area (the lower back). The spinal cord transmits both feeling and control between the brain and all of the body. If the injury damages the spinal cord, the impact on an individual can be catastrophic. A spinal column injury is life-changing for the person who has suffered it and for those close to the person. You and your loved ones face major adjustments in every aspect of your life, and in planning for your future. Experienced spinal cord injury attorneys understand the gravity of these injuries and their impact on a person’s life.
An injury in the lower spine can result in paraplegia, the loss of use of the legs, imposing severe restrictions in a person’s life. If the paraplegia is permanent, a person must plan their entire life around the restrictions that come with the loss of use of their legs, including permanent use of wheelchairs. Injuries higher up the spinal cord can result in quadriplegia, a loss of use of both arms and legs. An individual with quadriplegia may need mechanical assistance to breathe, and 24-hour around-the-clock assistive care to survive. Our spinal cord injury attorneys know what this diagnosis means to you and your family and can help you think through your needs. Our spinal cord injury attorneys understand the realities of wheelchair use, and the need to redesign and rebuild a home so that a person can use their kitchen, their bathroom and can navigate other spaces.
Our spinal cord injury lawyers work with people who have been injured. They understand that a person with paraplegia or quadriplegia will face enormous costs for the rest of their life. Our spinal cord injury attorneys consult with a qualified life care planner who can anticipate all the challenges and needs that the injured person will face. It is important to compute what the cost will be not only next year or the next five years but 20, 30, or 40 years out. When our spinal cord injury attorneys represent an injured person they make sure all potential costs and expenses have been addressed. Only then can a realistic evaluation be made of the economic costs that should be factored into the case’s resolution.
If you or a loved one has been diagnosed with a spinal cord injury caused by the negligence or irresponsibility of someone else, you have the right to correct the wrong that was inflicted upon you. One way to exercise this right is to pursue financial compensation for your injuries, pain and suffering, medical bills, and all of the other mounting costs you must now cope with on a daily basis. The dedicated and experienced spinal cord injury attorneys at our Law Firm are the people that can help you pursue that right to fair and just compensation because they understand your worries, can answer your questions and can use every legal option available to relieve your burden and get you the justice you deserve for enduring such a traumatic, devastating, and life-changing injury. Fill out our free initial contact form, and let’s work together today to make a brighter future for you and your family tomorrow.
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Most people are well familiar with the dangers of driving while intoxicated but driving while distracted has potential consequences that are just as dangerous. And while you may be more likely to encounter a drunk driver during certain times of the day, a distracted driver can disrupt your life at any time.
Basically, distracted driving is inattentive driving, often as a result of talking on a cell phone, texting, engaging in conversations with passengers, “zoning out” while driving (a common problem with tired drivers or drivers who travel long distances without taking adequate breaks), or paying too much attention to onboard entertainment.
GHSA Report
The Governors Highway Safety Association (“GHSA”) released its report Distracted Driving: What Research Shows and What States Can Do. Among the findings:
Distractions affect driving performance.
Drivers frequently are distracted, perhaps as much as half the time.
Distractions are estimated to be associated with 15 to 25 percent of crashes at all levels.
Texting likely increases crash risk more than cell phone use.
Based on existing research, the report urges states to:
Use low-cost engineering solutions such as edge line and centerline rumble stripes to alert motorists who may drift.
Record distracted driving in crash reports.
Evaluate other distracted driving laws and programs.
The report further urges states to consider the following:
Enacting a texting ban for all drivers and a complete cell phone ban for new drivers; and/or
Enforcing all existing cell phone and texting laws.
Dangers of Texting While Driving
Generally, there are three broad categories of distracted driving:
Manual – taking your hands off the wheel;
Visual – taking your eyes off the road; and
Cognitive – taking your mind off driving.
TEXTING IS ALL THREE DISTRACTIONS TYPES IN ONE. The potential dangers cannot be overstated. A text message averages 4.6 seconds; at 55 miles per hour, that’s 100 yards (the length of a football field) of driving blind!
Survey of Current Cell Phone and Texting Laws
Texas currently has state laws in place that restrict cell phone use in certain circumstances. The following is a brief summary of the current laws:
You cannot send or receive electronic messages while driving in Texas.
Drivers with learner’s permits are prohibited from using cell phones in the first six months of driving.
Using any handheld device in your vehicle in a school zone is illegal.
Drivers under the age of 18 are prohibited from using handheld devices.
School bus drivers may not use cell phones at all while driving if children are present.
Cellphone laws can change from city to city.
Our Commitment
Our Law Office is dedicated to pursuing the rights of victims of distracted drivers. Towards that end, we bring a commitment to staying as current as possible on relevant authorities, including changes in the law and scientific studies on distracted driving. If you or a loved one have been injured as a result of the negligence of a distracted driver, call us today for a free consultation with a dedicated Texas auto accident lawyer.
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Do I Need A Personal Injury Attorney?
If you happen to live or work in Texas, then there is going to be a strong possibility that you will need a personal injury attorney at some point in your life. So I’d like to present some potential scenarios where an attorney like this will come in very handy for you. Let’s take some time now to take a much closer look at some of the potential possibilities that you could end up facing.
The first scenario where you might need a personal injury attorney is if you happen to trip and fall and really hurt yourself while you are walking down the sidewalk. If you can prove that the sidewalk was damaged and you fell due to negligence, then you should certainly be entitled to money for your pain and suffering. An attorney would obviously be a major asset in this particular case, so it would certainly make sense to have one fighting for you if this were ever to happen.
Another area where you might need an attorney for personal injuries would be if you, unfortunately, found yourself in a car accident. You don’t even have to be the driver in order for this to become a potential situation. Maybe you unintentionally get into an accident with one of your friends and you are the passenger. Or maybe you even accidentally get hit by a car because the driver was too busy texting instead of paying attention to the road. There are many different automobile situations where an attorney like this could very well come in handy.
The last scenario that I’d like to mention regarding an attorney like this would be if you were unfortunately harmed while doing your job. Maybe you are a carpenter and you accidentally slipped while using a saw. You can suffer major damage if your arm were to get caught in a table saw. You could obviously even lose your limb. So this is another possibility that you can potentially have to live with.
These are some of the major situations where you might need a personal injury attorney. If any of these issues ever happen to you, you need to make sure you contact an attorney right away.
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How To Find The Best Personal Injury Attorney
Finding the best personal injury attorney does not have to be impossible but there are some considerations that should be examined. The first consideration is the attorney-client relationship. During the initial consultation, the attorney should be friendly and easy to talk to. Make sure the attorney chosen will provide personal attention to the case. If a law firm is chosen specifically, ask which attorney will be spending the most time on the case and will appear for court hearings and other scheduled appointments for the case.
Cost is a factor that should be discussed very early on, and this should be settled before any contracts or retainer agreement is signed by the injured individual. Some personal injury lawyers may take a case on a contingency basis, and this means the lawyer receives a percentage of the award rather than a flat fee or hourly rate. Others may have a set fee charged or charge on an hourly basis.
Finding a good personal injury attorney means evaluating what is available. Ask friends, family members, and coworkers if anyone has an attorney that they recommend. Look in the phone book and run a search online. Make a list of all the possibilities and then start evaluating and comparing the choices. Find out how much experience each lawyer has and look at their history of wins and losses. An attorney who loses most of the cases handled is usually not the right choice for a personal injury case.
Ask each possible attorney for a list of previous clients who can be contacted. This will help the individual find out whether previous clients were happy with the legal representation provided. Eliminate any attorneys from the list who are not willing to provide previous client references. Make sure that any lawyer listed is licensed to practice in the state.
Choosing the right personal injury attorney means researching any possible complaints. Check with the Better Business Bureau and the local Bar Association to see if there are any complaints or actions against a specific lawyer. This will help ensure that the attorney chosen is the best choice for the individual and the type of case involved.
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How Can A Personal Injury Attorney Help?
Anyone who has been injured through no fault of their own should seek legal advice. A personal injury attorney understands the law concerning personal injuries, and these legal professionals will represent their clients aggressively. Anyone who is injured may not understand their rights or even know the full scope of their injuries right away. Many insurance companies take advantage of this fact and may try to get the individual to settle quickly for a very low amount.
Personal injury laws can vary from one state to another, and a lawyer who specializes in personal injury cases in Texas will be very familiar with the Texas laws regarding personal injury. This experience and legal expertise can help ensure that the injured individual is treated fairly by the insurance company and court. Without legal representation, the individual may not know where to turn or who to turn to for help.
Many injuries may not be immediately apparent after an accident. A personal injury attorney will have medical resources to help identify all of the injuries suffered and the specific extent of these injuries. The individual may be scheduled for certain medical tests or appointments to determine the entire amount and severity of the injuries that were inflicted. These lawyers work closely with medical professionals so they are aware of the latest medical technology and testing.
An experienced lawyer will take care of dealing with medical professionals, gather important medical documentation, and help build a legal case for compensation. This attorney will offer advice and answer questions that may arise. Trying to handle any personal injury case without a qualified attorney is a big mistake, and these cases usually fail for a number of reasons. Make sure that the lawyer chosen is the right lawyer for the case. It is important that the individual and attorney develop a positive relationship for the best outcome from the case.
A personal injury attorney can provide assistance in many ways. These professionals provide legal answers and help, medical referrals and document procurement, and deal with the other parties involved in a case. This assistance can be invaluable, and the best results are usually seen when an experienced and highly qualified attorney is retained.
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Looking For A Good Personal Injury Attorney?
If you’ve been in an accident or some kind of a slip and fall then you’re obviously going to need a really good personal injury attorney to help you maximize your claim as good as you possibly can. So it’s important that you know where to look for an attorney like this and I’m going to fill you in on a very simple way to do just that if you’ll allow me to. So let’s take a much closer look at the process that I go through and the same process that you should use when you’re looking for an attorney like this too.
One of the main things you want to know about a personal injury attorney is if they are actually good at their job or not. So the best way to figure that out would be to go to some of the various websites online that will fill you in on information about a personal injury attorney like this. All people like to post about their experiences on different blogs and other information-sharing sites so you want to look for websites like this and see if the attorney you’re looking at has gotten a good rating from other people.
Another way to find a good personal injury attorney would be to contact somebody you know that has used one before. If they have gotten good results with that attorney then it only makes sense that you’d want to give that personal injury attorney a try as well. So talk to somebody you trust and get the contact details from them.
If you really don’t need reviews or any type of personal testimonial then you could obviously just look in your local phone book to find a personal injury attorney. This really isn’t all that difficult and you should just pick one that seems good to you and give them a call and see what they’re all about.
These are some of the ways that I go about locating a personal injury attorney. If you think about it you could probably come up with some other methods to try as well, so do that if you feel it’s necessary.
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What To Look For In A Personal Injury Attorney?
If you happen to be looking for a personal injury attorney then you’re obviously going to want to look for one that meets certain characteristics that are important to you. This is a big deal for you because this could mean whether or not you actually get a very large sum of money for your injuries or if you only end up getting a small sum of money or nothing at all. So you definitely want an attorney that knows his or her job and knows it well.
There’s a lot more that goes into being a personal injury attorney than just understanding the law. You actually want to have an attorney that is very charismatic working for you. The reason why you want somebody with charisma is that they may need to convince people that your personal situation is a certain way and you don’t want somebody who is dull and drab making your arguments for you because they just won’t do a very good job.
Another very important characteristic that you need from a personal injury attorney is confidence. You don’t want to have an attorney that walks into a courtroom with absolutely zero confidence working on your behalf. This kind of person is only going to fail the majority of the time because they will not believe in you, they will not believe in your case and they won’t believe in themselves as well so that is a major recipe for disaster that you should avoid at all costs.
The final quality that you want to see portrayed in your personal injury attorney is the quality of leadership. I know they are working in what is more of a one-on-one environment but there is also a jury involved in some cases and you want this person to be able to be convincing and have leadership qualities so that they can make other people follow the advice that they give and do the things that they want them to do. Because that’s the kind of thing that a leader does, and that’s what you want working for you.
So please look for all of these characteristics when you are seeking out a personal injury attorney. They are really that important and you need to know about this before you make any decisions.
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How To Find A Good Personal Injury Attorney
If you’ve been in some form of an accident or you’ve been injured in any way at all, then it would probably be a good idea for you to find yourself an excellent personal injury attorney.
There are a lot of different attorneys available to you in this section of the law, so you want to make sure that you find one that is good at what they do and someone that you feel comfortable with so that you know that you trust them.
One major thing you need to pay attention to when looking for a personal injury attorney is their fee to represent you.
Most of them will provide you with a free consultation, but there are few that do charge a small fee as well.
If you feel like your settlement is going to pay you a lot of money, then it might be worth it for you to meet with one of the attorneys that charge a consultation fee since these are usually the individuals that have the best track records.
But I’ll leave that up to you since only you know your financial situation.
A good place to look for a personal injury attorney is right here on the Internet.
There are so many websites dedicated to reviewing all kinds of things, and you’ll definitely be able to find a site that has reviews for personal injury lawyers as well.
So look at all the different reviews about the attorney you are considering and pay close attention to the people that weren’t happy because their words will probably be a good indicator of whether or not this is the perfect attorney for you.
Another great way to find a personal injury attorney is to check with your friends and family members and see if they have a good recommendation for you.
More often than not, somebody you know has been in an accident or a slip and fall and they’ve gone through the experience that you are about to go through yourself.
So they’ll probably have some really good advice for you and I can almost guarantee that they’ll be able to recommend a good personal injury attorney right away.
I hope you found this article regarding how to find a personal injury attorney very useful.
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Personal Injury – 9/16/21 – Car – Boat – Airplane – gtg III
A car accident insurance policy is a must-buy for every driver. It covers you and your passengers in the event that you get involved in a road crash. Getting into a car that does not have this type of insurance or even driving one yourself is a big risk.
Many times after an accident, there will be not just car repairs to sort but also medical expenses for bodily injuries. These can run into thousands of dollars which would be difficult to pay in cash. A car accident insurance policy takes care of such expenses, thus eliminating the financial burden an accident brings.
The rates and coverage given to a motorist differ from one insurance company to another. A number of factors influence this, from the car model to the motorist’s perceived risk.
Most of these factors are unique to each driver and insurance companies evaluate them differently, which explains the unique rates each driver gets from one company to another. For instance, drivers who have a tendency of getting into accidents generally get higher rates but the figure varies from company to company.
Should you get involved in an accident and the police are brought in, the effect on your rates will be more severe. If the accident is minor and both parties agree on a settlement, you can negotiate and pay the agreed amount. Such an incident may not require any police involvement, especially if the car suffers a few scratches or dents and no one is injured. In any case, it is very important that you inform the insurance company immediately, even before agreeing on any settlement.
Your insurer may increase your car accident rates if you are found to be at fault in an accident, the extent of the fault, how serious the accident is if you earn a ticket for a traffic violation, and the type of claim filed after the accident. If you have filed a claim following a car accident in the recent past, you will be given higher rates indefinitely. Many companies focus on the past 12 months. If your claim was made earlier than that, it may not affect your rates. However, if you have filed at least two or three claims in a span of five years or so, companies will be wary of dealing with you and when they do, they will give you much higher quotes.
To always be on the safe side, understand the company’s terms and conditions, and maintain all traffic rules.
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By far the most crucial concern that needs to be attended to, if you are involved in an auto accident is most often to see to any personal injuries that will have resulted. The next most important task is to speak to your insurance company representative. So let’s say you get hold of your agent to inform him you have been involved in a car accident, and he seems very helpful. He even suggests a body shop you could take your vehicle to and might refer to it as being a “preferred” repair shop.
“Terrific” you may think. That saves you the hassle of needing to find a body shop yourself. After all, you want to get your car repaired at the earliest opportunity. However, suppose you are already aware of a high-quality repair shop that does body repair and would prefer to take your vehicle there.
So you notify your insurance representative you wish to take your car to another body shop. But he responds with something similar to “We won’t warranty the repair in the event you go there” or “You’ll need to spend a lot more if you go to the shop that you picked” or some other statement intended to discourage you from going to your shop and encourage (or possibly attempt to coerce) you to go to the company’s “preferred” shop.
So what to make of all this? You might be wanting to know why he is wanting to discourage you from opting for your own shop?
To respond to this question, you need to know what the final goal of an insurer is: The answer has nothing to do with providing you the convenience of not having to find a good repair shop … the final target is to generate profits and as much money as possible! And that is accomplished by minimizing the amount they must pay back in insurance claims.
So the collision shop your agent suggests is “preferred” … preferred by the insurance carrier for THEIR advantage, not yours. Why is that? Because the recommended repairer is under contract to utilize components that are less costly than the original parts that were in the car when it was new. But regrettably, most of these parts are substandard in quality and could even result in a dangerous repair job! This can even mean that your car will be unsafe to drive after the fixes are concluded.
There are more reasons why choosing the wrong repair service can lead to dangerous fixes. There’s a method referred to as “Clipping”, and that means cutting off a complete half of your car (either the front or rear half) and affixing another (undamaged) half of a vehicle that has been wrecked.
This process actually entails cutting through the vehicle’s unibody or frame, and it affects its structural integrity. Does this sound risky to you? That’s because it IS unsafe! But sadly, it isn’t against the law! It’s a widespread incident.
So the bottom line is – if you were to be in a traffic accident – look out! Find out if the shop makes use of OEM (original equipment manufacturer) components or lesser quality “aftermarket” parts. And if the shop performs “clipping” … don’t even consider using them!
Next, learn the secrets the insurance industry doesn’t want you to know. An auto accident may be only the beginning of your troubles!
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Boat Accident Lawyer
Boat accidents are a leading cause of unnecessary deaths and therefore the number one source of personal injury. Many of the accidents occurred due to negligence on the part of one of the drivers involved. When a boat accident is caused by another party’s negligence, people who are harmed often reach settlements with the liable party which provides compensation for medical expenses, pain and suffering as well as other damages. This requires the service of a boat accident attorney. Locating the best boat accident attorney is not that difficult a process under normal circumstances. However, finding one when you or a loved one have been seriously injured in a boat accident can be significantly more troublesome. There are qualified Personal Injury Attorneys that specialize in personal injury cases. They have the expertise and skills necessary to obtain a fair financial compensation for the damage to property caused by the accident, along with all physical injuries that the accident victims have had to endure.
Any driver that was not at fault for an accident should expect to be fully compensated, for all of his or her medical bills. In addition to that, the victimized driver should receive recompense for all the repairs necessary to bring their damaged boat back to the condition it was in before the accident.
However, the process of doing that can be extremely lengthy, with moments of frustration and anxiety, especially when an insurance company refuses to pay medical bills or send the funds to have the Boat repaired. This is why it is necessary to hire a competent Boat Accident Lawyer. He or she will represent their clients to achieve the compensation that every victim of the accident is entitled to
Settling the Case
A boat accident attorney will build the case strong enough to take it to trial in a court of law. However, long before the trial is scheduled, each represented party (the attorneys) usually will meet with the opposing side to discuss settling the case out of court. Both sides typically calculate the amount of pain and suffering that has been endured by the victim along with the seriousness of the damage inflicted on the vehicle or other property.
If a settlement can be reached, then both sides will avoid an expensive and lengthy process of trying the case in open court. However, if the plaintiff is dissatisfied with the amount offered during the settlement, he or she can always instruct the boat accident attorney to take the case to trial.
Before selecting the best boat Accident Attorney, it is important to consider the fee that will be extracted from the total amount awarded during the settlement phase, or after the case has been won in court. Typically, for a personal injury case, an attorney can charge anywhere between 25% and 40%, based on the specific circumstances of the case. While this number might appear to be high, research indicates that cases involving an attorney typically have much higher settlement amounts than those that are achieved without the skills of an attorney, or a law firm.
Any driver that has been in an accident where the other driver is at fault or he is at fault should seek out a competent and skilled boat accident attorney. They will handle all the details to represent him or her in the case.
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Plane Accident Lawyer
Do you need a plane accident lawyer? If your answer is yes, there is no doubt that you understand how an accident can affect you. Perhaps, what is more, daunting is your quest of finding the right plane accident attorney. That is where a plane accident lawyer comes to your aid.
At our Law Firm, we not only offer you that required legal representation but also stick with you until you achieve all that you desire from insurance adjusters. During this challenging moment in your life, our plane accident attorney will give you practical advice that will be of help in the future in case you plunge into such a nasty scenario. Why, though, choose our plane accident lawyers?
The Law Firm You Can Trust
Our Law Firm has been in operation for over 25 years of offering plane, bike, and train drivers legal representation. You can be assured of their vast experience in these areas.
With many years of practice, our attorneys have canvassed the entire state and beyond. What this translates to, it that our plane accident attorneys know virtually every area your plane may be involved in an accident. This will help you in the quest of explaining to them how it happened.
Our lawyers have had an exemplary legal representation record throughout the years of practice.
How Much Do We Charge?
Do not be worried about the amount it will cost you for our plane accident attorneys to represent you In fact, our mission is that you get what you deserve first! Our commission is solely based on the contingent fee.
What that simply means, is that until you settle on your award, our attorneys will be patiently waiting with you. Upon receiving your award, then our attorneys will deduct their commission for the services they have rendered to you
Why Should You Choose Us
There is no doubt that you will be impressed by our down-to-earth services that are aimed at helping you receive the award that you rightfully deserve. Our plane accident attorney will be willing to listen to you attentively when you explain what you recall about the accident before giving their opinion. Additionally, our promise under oath is to do whatever legal thing that can as long as it is within their reach.
Here are some of the notable reasons why many plane owners decide to contact us. You too will find that we emerge the top in service delivery:
We offer free consultations
We have experienced and dedicated plane accident attorneys
Apart from English, consultations are also done in Spanish (there is a full-time Spanish-speaking staff). We offer hassle-free and private parking to our clients
Our experience is well over 25 years
We work for long hours during weekdays to offer you the best services that you deserve (8:30 AM to 5:00 PM on most weekdays)
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legal 9/15/21 – Medical Error – gtg
The way we, as patients, view our medical providers has always been a source of amazement to me. If someone walks into a lawyer’s office with a serious tax problem and the lawyer says that he considers the problem serious enough to require several days of research by a team of attorneys in consultation with specialists in the field, the client walks out thinking “What a clever and careful attorney I have.” On the other hand, the same client when put in the situation of being a medical patient, who after being examined by his doctor, if told by the physician “Your problem is serious. I want to make sure that I come to the right diagnosis so I will spend some time researching the problem and consult with others” is apt to think “What a terrible doctor. Why doesn’t he know what is wrong with me?”
We have created a myth in our society that doctors are infallible, that they don’t make errors, don’t have to look things up, and have a compendium of knowledge that incorporates every disease, every treatment, and every consequence of treatment in their field and know it all by heart! Nothing, of course, could be further from the truth. Doctors do make mistakes, do forget, and don’t know everything. How did the myth of infallibility have its inception? I believe it has been fostered by doctors themselves. Doctors are taught from their first day in medical school that they are supposed to be infallible and when they do not live up to this impossible goal they are so embarrassed and are shamed that errors are rarely reported and, therefore, even more rarely corrected. I am not the first one to come to this conclusion. An excellent article was published in the Journal of the American Medical Association entitled Error in Medicine by Dr. Lucian L. Leape. Dr. Leape is a Harvard Medical Professor in the Department of Health Policy and Management of the Harvard School of Public Health. The article is a reasoned approach to what causes errors in medicine and what can be done to reduce them. When the article was published in December of 1994 it gained little notice except for the notoriety which it produced by reporting about the 180,000 people who die each year as the result of doctor-induced injury and that that is the equivalent of three jumbo-jet crashes every two days. That statistic and characterization have been often quoted. The important part of the article is about what causes medical errors and what, if anything, is being done to prevent them. Dr. Leape’s hypothesis is that the infallibility myth fostered by medical training results in fear, guilt, anger, embarrassment, and humiliation when an error occurs. As a consequence, errors are rarely reported. When an error comes to light, usually because a serious injury has occurred, hospital and physician groups fail to correct the problem and instead punish or eliminate the perpetrator of the error rather than reviewing the underlying causes. When a resident cuts off the wrong appendage, the resident is disciplined, retrained, or drummed out of the program rather than analyzing why we have residents work for 36 hours in a row without sleep so they are prone to make those kinds of errors.
Most errors in medicine deal with medication errors. Yet the same safeguards exist with respect to the dispensing of medicine that has been in place since the time of Hippocrates. The ultimate end-user, in the form of a single nurse, is given the responsibility of making sure that the right medication in the right dosage goes to the right patient, hundreds if not thousands of times every day. There is no planned redundancy. A simple bar code mechanism could dispense the medications quicker and probably more economically with far fewer errors. Medicine is so steeped in tradition that it is as if it cannot get out of its own way to come up with imaginative solutions to problems such as these.
Comparing the error rate in medicine to that of almost any other industry where human life is at stake leaves medicine far back in the pack. If medical statistics are to be believed, somewhere between 1% and 20% of patients admitted to hospitals suffer a serious injury at the hands of a doctor or a nurse. If that statistic applied to the airline industry, no one would ever get on a flight. It isn’t that pilots are any smarter than doctors or that their job is any less complex, it is just that systems have been analyzed in the aviation industry on an institutional basis to prevent disasters. Every aviation accident is investigated by the National Transportation and Safety Board. Pilots are encouraged to report mistakes through a system of Aviation Safety Reporting which is both confidential and free of punishment. Pilots recognize that they are fallible and as a consequence have to follow routine checklists with the backup of a co-pilot. Airplanes are designed with multiple redundant systems. It is expected and anticipated that pilots will make errors. In fact, studies show that errors are made routinely on every flight. A system is in effect to absorb and respond to those errors instantaneously. Lights go off, horns sound, air traffic controllers correct the problem, co-pilots point out the mistake followed by a simple thank you on behalf of the pilot and a routine continuation of the flight without fear of punishment or social ostracism. Aviation recognizes that everyone makes mistakes and has built-in mechanisms necessary to anticipate them and correct them before harm is done. While pilots cannot start an aircraft or even shut it off without a complicated written checklist that has to be followed the same way every time, the most complex of brain or heart surgeries take place every day without a written protocol. Manufacturers of aircraft publish pilot operating handbooks which must be rigidly followed by every pilot who flies that make and model of aircraft regardless of whether it’s in Florida, Kentucky, or Timbuktu. Yet the same operation is performed dozens of different ways in different sequences even in the same hospital by different doctors and even by the same doctor at different times. It is as if we do not dare to question our physicians for fear of disrupting the myth of infallibility. Everyone thinks that their doctor is error-free. Only other people’s doctors make the kind of mistakes that end up in lawsuits. The reality is that all doctors make mistakes and by holding physicians to an impossible standard, which they themselves not only tolerate but insist upon, the system never changes and the same mistakes are made over and over again at different places at different times. Because they occur routinely at 5,000 hospitals across the country, they do not make the newspapers and there is no public outcry for reform as occurs when 300 people die at once when 747 crashes.
It is way past the time for all of us, including our medical providers, to realize that, the myth of infallibility is just that, a myth. People make mistakes, and doctors are people. If someone is injured or killed as a result, their family is entitled to be compensated. In addition, analysis ought to take place as to what caused the mistake in the first place. System errors ought to be corrected if they exist, and systems ought to be designed in advance to accept the inevitability of error, plan for it and, if possible, avoid its occurrence.
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11/22/21-Personal Injury-Truck-Auto-Medical-Premises-Product-Slip&Fall-Wrongful Death- Soft Tissue – gtg
11/22/21-Personal Injury-Truck-Auto-Medical-Premises-Product-Slip&Fall-Wrongful Death- Soft Tissue – gtg
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Q: What should I do after my accident?
Here are a few suggestions of things that you should do immediately after your accident.
Write down the contact information (including names, addresses, and telephone numbers) of everyone involved in the accident and any witnesses who saw what happened. After contacting the insurance company, write down the name, address, and telephone number of the insurance adjuster and the claim number assigned to your claim. Take notes of every conversation you have with the insurance adjuster (They are taking notes of every conversation they have with you! ). Be VERY careful when you describe your injuries to your doctors and the adjuster. Be sure to provide both a complete list of all body parts that are in pain. It is common for complaints of pain to increase over time from minor to serious. If you did not tell your doctor of that minor pain that now requires medical attention several months later, you are giving a gift to the insurance adjuster. Follow your doctors’ advice. If you need to take time off from work due to your pain, make sure that your employer documents your leave and return to work as soon as you are able to do so.
Q: What is the penalty for leaving the scene of the accident and not reporting it to the police?
In Texas, all accidents involving damages of $1,000.00 or more, and/or causing death or injury to a person, including himself, must be reported to the Department of Motor Vehicles using a form called a CR-2. This form is available on our website. Also, if you are involved in an accident, you must check with everyone involved to make sure they are not injured. If anyone is injured, then the police must be notified. However, even if nobody is feeling injured at the moment, it is generally a good idea to notify the police, particularly when there is serious property damage to the vehicles or there is any question about who is responsible for causing the auto accident. If you fail to report an injury accident to the police and leave the scene, you may face criminal charges for hit-and-run and may be sentenced to jail or subject to a fine. Let Us Evaluate Your Claim. Call us to schedule a free consultation.
Q: I was just involved in an accident and am hurt. I want to see a doctor but I’m worried about who will pay for my medical care. Does the insurance company pay the bill? If they do, when does it get paid?
Ultimately, the person at fault pays for your medical bills. They are responsible, so they will pay either personally or through their insurance company. The problem is that they won’t pay until the case is settled or after trial when they will pay a single lump sum to you for all your damages. Until then, though, how do your bills get paid. First, if you have health insurance, you should send your bills to your health insurer for payment. Another option is to submit the bills to your car insurance company for payment under your medical payment benefit coverage. If you do not have health insurance or medical payment benefits to pay for your medical care, your doctor may take a lien against the proceeds of your settlement in order to pay his bill. Under this agreement, he’ll wait to get paid until your case settles. Because there are a variety of payment options, and each can have a consequence with respect to your accident injury case, it is important to speak to an experienced personal injury accident attorney for specific advice for your case. The lawyers at our firm are available to consult with you and provide clear advice regarding your serious injury.
Q: What is my accident case worth
While this question may seem very simple, the answer and calculation are actually very complicated. The bottom line is that there is no simple formula or process to predict the amount of money that an injury accident case may be worth. However, in a nutshell, an injury accident victim is entitled to compensation to pay for all medical care (both past treatment and future treatment that is reasonably anticipated) caused by the accident, loss of past earnings, loss of future earning capacity, and general damages (typically referred to as “pain and suffering” damages). The largest factor in determining the value of an injury accident case is the cost, extent, and length of medical treatment. Not only are the medical bills subject to reimbursement through a settlement or judgment, but they are the primary measure used by insurance companies and jurors to award general damages. The best way to get a range of what your injury accident case may be worth is to talk to an experienced, knowledgeable attorney–one who only represents injury accident victims–at our law firm by contacting us via this website or calling us toll-free. Injured in an Accident? Tell us about your case.
Q: Are there any mistakes I could make that would destroy my accident injury claim?
Absolutely. Many clients make one or even several mistakes early on after their accident which could jeopardize their claim and give unneeded ammunition to the insurance adjuster. Unfortunately, most of these mistakes are made before hiring a lawyer–a lawyer who would advise them not to make these mistakes. Here are a few examples of things that you should absolutely NOT do after an injury accident.
Do not agree to an audiotape recording of your conversation with the insurance adjuster (No, you do not have an obligation to agree to the recording). Do not discuss anything but the basic facts of the accident with the adjuster such as the date and time that the accident occurred, where it occurred, and what happened. Adjusters will often try to engage you in informal conversation to find out details about your work history, income, schedule, and social security number. None of this information must be turned over to the insurance adjuster. Do not agree to anything. Do not sign anything, including a medical authorization to get all medical history about you–including things that are not related at all to your accident injuries. Do not answer any questions about your family. This is completely irrelevant. Do not identify any witnesses. You are not under an obligation to do so. Do not give the adjuster the name of your doctor. You are not under an obligation to do so.
Q: Do I need you to represent me after my injury accident?
Not always. Generally, the more complex the injury and the more extensive your medical care is, the more an attorney will be able to add value to your claim. If your injury is minor or resolves within a day or two, and you do not seek medical treatment, you would be better off settling the case yourself. As a general rule, our law firm does not represent every injury accident victim–even if they ask. By being selective about the cases and clients we work with, we can devote more time and energy to our client’s cases. If your claim does not meet our selection standards, you may be better off handling your claim without an attorney.
Q: What about my car? Who should pay to get my car fixed after my car accident?
Generally, the insurance company for the driver who caused the car accident will pay to fix your damaged car. However, this may drag out and the insurance company might not be as helpful as you would like. In that case, you might want to contact your own insurance company and have them work to fix your car. The downside is that you will need to pay your deductible, but your insurance company will help you recover the deductible from the other insurance company.
Q: How much is it going to cost for a consultation?
Nothing, there is no charge for the consultation when the case is one of personal injury. The case will be handled on a contingency basis, with the attorney being paid from the recovery.
Q: What Should I bring with me to my appointment?
Please bring the following:
The police accident report and information regarding the other party and passengers involved.
Medical expenses and evidence of other expenses
Insurance policies (including your own, regardless of whether you were driving or whether it was your own car)
Q: Are there any other costs or expenses involved with this type of case?
Yes. Typically, the primary expenses associated with a personal injury case are litigation costs, fees for medical reports and records, and charges made by experts. The firm pays these expenses upfront and these are repaid with your recovery.
Q: If you take my case, what will I have to do?
If you hire us to be your lawyers, you will be a significant part of your case team. We will ask you to help us gather the information that we will use to support your case. Just as we will keep you informed about your case, you will need to keep us informed about your medical treatment and your physical limitations. After we file the lawsuit, you will have to answer written questions called interrogatories and sit for a question-and-answer period with the opposing lawyer called a “deposition. ” (Of course, we’ll prepare you first, find a time that is convenient for you, and sit next to you during the deposition). You may have to be evaluated by other doctors. If your case does not settle, you will have to be present for the trial.
Q: How long will it take?
Even though many cases settle before trial, this does not usually happen until both sides have prepared the case. Generally, lawsuits take about two years from filing to trial. This can vary significantly in either direction based on the complexity of your case, the congestion of court dockets, and other factors. Our advice to our clients? Be patient. We are always willing to tell you exactly what is happening with your case. In the meantime, you have to trust that we are working hard for you.
Q: What do insurance companies and potential defendants want?
Insurers want your premiums but not your claims. Insurers want valid lawsuits against them to never be pursued and so they fill public opinion with mistruths about our legal system and “too many frivolous lawsuits. ” Insurers hope that you will think that you’re in good hands with their insurance claims adjuster. Insurance companies want all jurors to think the plaintiff (person filing suit) is a sham, dishonest and insincere. Insurers want jury verdicts to award far less damages than what is fair, and just in case a jury awards what is fair, they want caps on damages to minimize how much justice you can get.
Have more questions about your case? Call us toll-free to schedule a free consultation.
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If you find yourself in a situation where you feel you must acquire a lawyer to help settle a personal injury matter, it would be beneficial for you to first become familiar with the process of filing for personal injury claims as well as what kind of fees personal injury lawyers charge. Most people are not familiar enough with the terminology used by lawyers when it comes to their services and fees which often causes misconceptions or misunderstandings in the lawyer/client relationship. This can readily be avoided if both attorney and client have more clear and open communications concerning this matter before an attorney accepts a case.
One aspect of personal injury claims that people have a misunderstanding about is the significance of the lawyer’s contingency fee. In brief, a contingency fee is a payment an attorney expects to receive for his services in representing your personal injury case. This payment may be a percentage of the amount of gross or net funds you receive from your claim, depending on whatever terms were agreed upon when you hired his services. If the terms you agreed to stated he would receive a percentage of the gross funds, this means a percentage of the total funds received for your settlement, before deducting the cost of medical bills and/or other expenses.
What is the proper contingency fee for personal injury cases?
Most lawyers will ask for a percentage of your gross settlement and nothing more with no extra charges and no additional hourly fees. However, these are terms you and your lawyer should settle upon before he is hired so there are no misunderstandings of your specific arrangements. You can check within your state to see if there is a fixed contingency fee by law, but otherwise, most fees are negotiated between client and attorney ahead of time, and these can be anywhere between 25 45% of the gross settlement. On average 33% of the gross settlement seems to be what most personal injury lawyers charge.
A few factors you may want to consider when negotiating a fee is the lawyer’s range of experience and expertise. Choosing a more experienced attorney with a greater track record, even though he may charge higher, maybe in your best interest in the long run as he may be able to procure a greater settlement. In other words, a more capable and astute lawyer who knows his stuff can actually increase your chances of obtaining better success in your case than hiring a mediocre counterpart for a lesser fee. This is something you should take into consideration when making your decision.
You may wonder whether hiring a lawyer by the hour would be more advantageous rather than paying high contingency fees. When you choose to hire a lawyer and pay by the hour, these funds come directly from your own pocket, regardless of whether you win or lose the case. When opting to pay by contingency fee, the lawyer receives a percentage of your winnings if you lose there is no payment. Therefore, the better deal is going with the contingency fee.
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Medical Malpractice
The question of what is a subordination claim as it pertains to medical malpractice lawsuits is complicated. First, a person has to be injured through the action of a medical practitioner or facility or have a loved one who was killed due to the negligence of one of these parties. Second, the injured party has to sue. The people named in the lawsuit may subordinate their claims for an easier, streamlined defense.
Every patient deserves a certain level of competency in their medical treatment. There is a standard level of care that is expected to be provided to each and every person. When this care is not received intentionally or by accident, an injury may occur. Each and every person deserves the right to have their symptoms diagnosed and treated, the treatment to be monitored, the correct medication and dosage amounts given, and adequate care provided by the medical profession. If this was not done and serious injury or death occurred, there are legal ramifications. The injured party or the loved one of an injured or deceased party can contact an attorney to see if they have a legal suit against a person, a facility, or both.
An experienced, professional trial attorney who specializes in medical malpractice lawsuits will save this client much time, wasted effort, and obtain a larger settlement because this person has the knowledge to fully understand the problem and what has to be done to be successful in a court of law. This specialist will collect all the information, obtain the necessary documents and depositions and file a lawsuit against the people involved and the facilities. This may include the hospital, a doctor’s clinic, an extended care facility, the doctor, nurses, anesthesiologists, lab technicians, pharmacy, pharmacists, nurses aides, and anyone else involved. Once the suit is filed, each named person and facility will contact their malpractice insurance carrier. Each individual insurance company will review documents and may meet to develop a plan of defense. At that time some of the insurance companies may subordinate their claim, allowing one company to head up and handle the defense. This would allow a more streamlined process and reduce the possibility of fighting between the defendants. These insurance companies may work out a private agreement between themselves on how to handle the cost of litigation, settlement offers, and trial awards.
An experienced trial lawyer will know how to best work with this system of subordinated claims. Many times in these medical malpractice cases the court or jury will divide the responsibility and blame between the different parties and assign a percentage of the total claim to each. To the person bringing the suit, the end result is they get X number of dollars which will be paid by more than one insurance company and/or person. The question: what is a subordination claim as it pertains to medical malpractice lawsuits should really be: how does a subordination claim on a medical malpractice lawsuit affect the patient? The answer is it does not; it is a strategy used by insurance companies to streamline the defense and eliminate infighting between the defendants. A competent trial attorney can handle this with ease.
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Choosing a lawyer of any type is always a difficult decision and one that you should research thoroughly before you make your choice. This is particularly important when choosing a personal injury lawyer. This type of lawyer is one that has only become largely used over the last few decades, but is now extremely popular, especially in the United States. In large cities, there are a great number of such lawyers as there are a plethora of individuals searching for a personal injury lawyer.
If you have been involved in an accident of any type that is not your fault, then you may well be eligible for some sort of claim. Often the amount you are entitled to can be extremely large. The amount will generally depend on the severity of your injuries. The more severe your injury, the higher the payout will be. Sometimes it can be into the millions of dollars. There are a number of law practices that specialize in this type of lawsuit, and thus have years of experience in attaining the maximum amount of compensation for your injuries. One such is our Law Office.
Below are some of our more prominent case specialties:
Automobile accidents are one of the most common claims that are made. For this reason, this is one of the main areas that this practice covers. The key to a successful claim is the speed at which you and your lawyer take action after the accident has occurred. The faster the action is taken, the better chance you have of receiving the maximum claim. The first step is obviously to assess both yourself and any other drivers to see if either of you has any sort of injury. One of the most common mistakes is to assume with a small accident that there has been no injury to either party. This is not always the case and if trauma is spotted further down the line it can be extremely costly to you and the other parties. If injuries are spotted then call 911 immediately. Once the police and paramedics are on sight you can leave everything to them to follow the law to the letter. This eradicates you from any further repercussions.
Our firm also specializes in other injuries such as dog bites, construction accidents, and job injuries. All of these other types of injuries should be dealt with in a similar fashion. Whenever anyone is injured the police should always be notified so that everything can be officially documented from start to finish. By following this procedure you can ensure that when the case comes to court not only are you fully protected but if you are to make a claim against another individual or a company that you have all the relevant data to make a solid case on your behalf.
Call us today to schedule a free consultation.
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If you or a loved one has been injured due to an accident, you need the services of our qualified personal injury firm. There are many reputable Texas attorneys to choose from, but when it comes to finding the best personal injury firm, you want to follow a simple process of comparison. You need to know how the firm operates in order to make a smart decision about who will represent you.
First, because there are many specialties of the law, make sure the firm does indeed handle personal injury cases. Next, before you sit down with our attorney, confirm that he or she will meet with you for an initial consultation at no charge. Personal injury lawyers earn their money from a percentage of what you receive when the case gets settled. So avoid firms that charge you for the first interview. Remember that it is a mutual decision as to whether a personal injury firm will take up your case. An administrative assistant or paralegal at the firm will check for any conflicts of interest before you meet with any of their attorneys. If they find that someone on the opposing side has been a previous client, they will have to suggest you look elsewhere.
When you get your interview scheduled, prepare your materials. For your appointment, you will want to have with you all the relevant documents. These can include any written police reports, medical bills and records, and correspondence with insurance companies. If you or the person injured has been unable to work or been put on limited hours following the injury, you will want to show the attorney your notes on lost income. Earlier pay stubs can be helpful in this regard.
Now that the lawyer has a better idea of your case, it is time to ask questions about his or her practice. Find out how long they have been in practice. If they handle other areas of the law, ask about the percentage of personal injury cases they take on. How successful have they been? Do they represent mostly plaintiffs, the people like you who are suing for injuries, or mostly defendants? You want a firm with more experience helping the injured. Although good attorneys strive for fairness, those used to protect the interest of insurance companies may hold an unconscious bias toward them and against plaintiffs such as yourself. Ask whether you will be working with the lawyer who has met with you or if the firm will assign others to handle your case. You can ask to meet them as well. You want to feel you can trust the lawyer or lawyers who are working with you, and perhaps to feel a certain personal rapport with them to make the whole legal journey easier on you and your family.
When it comes time to find the best personal injury firm, start your search based on recommendations from friends and professionals in other fields. Then do a brief amount of homework and you are on your way to getting a settlement that will help make up for your losses.
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Slip and Fall Attorneys
Our Law Firm has been successfully representing the people of Texas since 1978 against negligent property owners. Premises liability cases, commonly referred to as slip, trip and fall are very complex and often difficult to prove. Under Texas law, merely owning or occupying land does not make that person liable for injuries sustained on the property. There must be some form of negligence on the
part of the owner or occupier of the property before there can be any liability.
Our Legal Team of experienced attorneys is dedicated to their clients and has committed themselves to getting the best possible results in each and every premises liability case. In every personal injury case, there are significant costs associated with providing the best representation. Our Law Firm has financial resources available and can afford to hire the best experts in the field… at no cost to you. If you have been involved in a slip and fall accident you should consult an attorney immediately. The stress of being involved in an accident is a traumatic experience for all involved. The experienced professionals at our Law Firm will promptly investigate the
accident, determine liability and seek to recover legal damages. If you have suffered injuries while on another person’s property, make sure you document the accident very carefully.
The evidence you gather may be necessary to prove negligence against the property owners or property managers. It is crucial that you take the following actions:
Insist that the owner or manager of a commercial property fills out an accident report documenting the nature of the accident and make sure you are given a signed copy.
Get the names, addresses, and phone numbers of one who may have witnessed the accident.
Gather any evidence such as a broken bottle, wet garbage, etc., that may have contributed to the accident.
Seek medical attention right away and report all your injuries. Even injuries that seem minor at the time can lead to debilitation in the future.
Call an experienced premises liability lawyer immediately.
Our Law Firm will discuss your options at no cost to you.
Never speak to the property owner’s representative about your accident or injuries. Always refer them to your attorney.
If you or someone you know has been injured in a slip and fall accident, contact a qualified Texas Slip & Fall Attorney at our Law Firm right away to learn your legal rights and options. The statute of limitations for Slip & Fall cases can vary depending on the facts of the case, so it’s imperative that you contact one of our personal injury attorneys as quickly as possible. You’ll pay no fees if we don’t obtain a verdict or settlement for you. For a free, confidential, no-obligation consultation, call our office today.
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Even though many insurance companies won’t take your soft tissue damage lawsuit seriously, this is a very serious type of injury. It may not cause you to need a wheelchair or daily medical attention for the rest of your life, as other injuries do, but a soft tissue injury can still cause pain for many years.
If you have been involved in an accident and suffered damage to the soft tissue of your back, it’s important to understand what to expect. Fighting the insurance company on your own could lead to a very small settlement or none at all. They don’t take these types of cases seriously and insurance companies only want to pay the minimum. With the help of an attorney for soft tissue damage cases, you can gain full compensation for the injuries you have suffered. It’s hard to put an exact number on what the average settlement is because these cases vary quite a bit. Some soft tissue injuries are worse than others are and every case is unique. Many variables can affect the value of the case including the nature of the accident, the actual injuries sustained, the extent of medical treatment necessary, the insurance company of the at-fault party, and many other factors. A skilled accident attorney that handles these types of lawsuits can better advise you on what to expect.
Other variables that can change the value of the case, such as alcohol or drug involvement can also make a difference. If you were hit by a drunk driver, the compensation may be larger than if it was truly an accident. In a drinking and driving case, the at-fault driver is not the only person your attorney can go after. They can also go after the establishment that served the driver, the bartender, and potentially other negligent parties. This can lead to a larger settlement or award.
The best way to value your case is to contact an attorney that handles accident injury lawsuits. They will take into consideration the medical expenses for your injuries, lost wages, and any future treatment or lost wages you may suffer. You may also be entitled to compensation for a decrease in quality of life, depending on the case. Personal injury attorneys have settled soft tissue injury cases for a few thousand dollars all the way up to a few million. There are far too many variables to provide an average amount for these types of cases. You should be aware that states have limited (statutes) for filing your suit. If you have been injured in an accident and you seek financial compensation, it’s better to contact an attorney now, rather than wait. Your attorney will be able to better estimate the potential value of your case and give you an idea of whether your soft tissue damage will result in a large settlement or not. Either way, they will fight for every penny they can possibly get you.
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Many things must be considered if you slipped and fell in a parking lot. Before you do anything else, it only makes sense to seek medical treatment for your injuries. Your well-being comes first and you need to call an ambulance, if necessary, or at least go to the hospital. This will help to ensure that any injuries suffered are treated immediately before they become worse. You also need to report the accident to the store manager, property owner, landlord, or whoever is in charge of the property. This should be done as soon as possible and often can be done by a witness or a friend as you wait for an ambulance. If you believe your injuries are quite serious or it’s impossible for you to report the accident, make sure to get medical help first.
If you are capable of collecting any information from potential witnesses, you should. Anybody that saw you fall can help your case later in court and by obtaining the names, addresses, and phone numbers of any witnesses, you will make it much easier for a personal injury attorney to settle your case quickly. The police may arrive on the scene or they may not. Either way, you need to obtain any documented report of the accident. Most property owners (especially businesses) have a report form they must fill out whenever an accident happens. Make sure you get a copy of this report before you leave the scene whenever possible. It can also help your case if you document any conditions that could have caused the accident. If the sidewalk was not in proper order, something was where it shouldn’t have been, ice, snow, or anything else contributed to your accident, you need to make note of this. A great way to do so is with a recorder. Most cell phones have a memo recorder that will allow you to document anything you want by dictating it. If at all possible, obtain a sample of what caused the accident. Make sure to store this properly, for example in a freezer, if necessary. You will also want to place the clothing and shoes you were wearing in a safe place to store. Usually, a large plastic bag works well, and DO NOT wash the clothing. Cell phones also come equipped with cameras, which allow you to take pictures of the scene of the accident. If possible, take pictures of anything and everything you can. Even if you need to return to the scene after receiving medical treatment, pictures will help in the long run.
Once you receive medical treatment, make the phone call or get online to find an attorney for your case. The sooner you contact a personal injury attorney to take your case, the better. Witnesses will struggle to remember the events and conditions of the night if you wait too long and this can hurt your case. Don’t trust that the insurance company will properly compensate you without the help of an attorney. They often try and settle cases for much less than you deserve, but with proper representation, you can receive full compensation for medical bills, lost wages, and any other damages associated with the accident.
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11/21/21 – More legal – Personal Injury – Product Liability – Car – Truck – Auto Insurance – gtg
Copyscaped!!
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Product Liability
Dangerous Drugs or Defective Medical Devices
Pharmaceutical manufacturers conduct extensive testing before receiving permission from the FDA to release a new drug. Despite the testing, manufacturers oftentimes put consumers at risk to maximize profits. Too often the dangerous health risks and side effects of drugs are minimized or even hidden. The key to a case dealing with dangerous drugs is whether there was improper labeling or insufficient warnings. Our lawyers work with scientific and medical experts to determine exactly what caused a client’s death or injury and whether or not the labeling or warnings were adequate. Armed with that knowledge, a claim can proceed successfully. Medical devices may have manufacturing defects, design defects, or may have been negligently maintained or utilized by a health care provider. While the United States Supreme Court has limited the rights of particular victims of defective medical devices, a failure to meet FDA requirements or negligent maintenance or usage still exposes manufacturers or health care providers to liability for injuries caused by the product.
Defective Machinery
A manufacturer or distributor of a defective machine or an unsafe tool is responsible for any injury or wrongful death resulting from the use of the product. The manufacturers have a responsibility to see that products are designed to be reasonably safe for the intended user, that products are properly manufactured to meet safety standards, and that clear warnings and instructions on how to safely use the product are provided. If you or someone you care about has suffered an injury while using a tool or a machine and you suspect defective equipment, please contact our office to arrange a free consultation. At the same time, obtain the contact information of any witnesses, take photographs of the dangerous product, take photographs of injuries, and save the product, its packaging, and any available instructions. We work closely with scientific experts and accident reconstructionists to determine what caused the injuries and whether it is the result of a defective product.
Motor Vehicle Defects
When investigating a motor vehicle accident, an issue to always consider is what role the motor vehicle played in the accident. Aside from human error, was the accident caused by a defective motor vehicle, or was the motor vehicle able to reasonably absorb the accident, i.e., was the motor vehicle crash-worthy? Accidents that may seem to have been caused by human error or bad weather could have been caused by such things as defective tires/tread separations or instability leading to an SUV rollover accident. Once an accident occurs, the vehicle’s crash-worthiness needs to be examined, particularly for such things as defective seat belts, defective head restraints, or defective deployment of airbags.
Defective Products
There are many defective products that cause damage for which a claim can be brought:
Tools
Cleaning products
Prescription drugs
Toys
Beds
Electric equipment
Fireworks
Car parts
Food
Vehicles
Batteries
Light fixtures
Playground equipment
Changing tables
Wrapping material
Fire causing agents
Contact our Law Firm to discuss your case with us. Call us toll-free or send us an email to schedule a free consultation.
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AUTOMOBILE PERSONAL INJURY LAWYERS
TYPES OF MONEY DAMAGE CLAIMS:
A Personal Injury Lawyer brings years of professional experience to calculate the extent of monetary damages. A compensation claim against another, however, is based upon two facets:
The issue of liability and the calculation of damages. Liability-The element of the claim where an insurance carrier assesses who was at
fault.
Damages- generally include medical expenses, property damage, pain and suffering, current and future loss of income, loss of enjoyment, and in certain cases, punitive damages.
PERSONAL INJURY STATUTES OF LIMITATIONS: A Personal Injury Lawyer prevents insurance company delays which in time will bar the cause of
action. Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. If a cause of action is not filed within the statutory period it will be barred. If you or someone you know has suffered due to a personal injury, a personal injury lawyer can help. Dedicated to helping the injured…
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A semi-truck hauling 50,000 gallons of crude oil was involved in a single-vehicle rollover. The truck accident resulted in an oil spill that required the Highway Patrol to stop westbound traffic until a hazardous material cleanup crew arrived. Fortunately, nobody was injured in the trucking accident and the cleanup was completed in a couple of hours. The second large truck accident this morning occurred when the driver of a dump truck lost control and rolled. The news reported that the driver sustained multiple injuries and was taken to a nearby hospital for treatment. Luckily, no other vehicles were involved and there were no other reported injuries. However, traffic was affected during rush hour. Authorities are not sure why these truck drivers lost control of their vehicles and caused significant accidents on the road. Investigators are looking into the possibility that the drivers were driving impaired by driver fatigue or inattentiveness. They have not ruled out whether the trucks mechanically malfunctioned. Most people agree that they would rather have semi-truck operatives travel at night or early morning to avoid driving with the average commuters. However, some people are beginning to question whether the odd driving hours present a safety hazard. They wonder how successful long-haul drivers are with coping with drowsy driving especially when traveling in the dark. Others question whether semi-truck operatives follow the speed limit during their long hauls. National Statistics on Big Rig Accidents authorities report that large truck operators have several unique obstacles when driving across the country these include:
Unfamiliarity with the roadway.
Driving too fast for conditions
Maneuvering truck in a manner not designed for the weight or load (which can off-balance the entire truck and its load)
Inattention
Fatigue Illness
Distraction by passengers
Low visibility of smaller vehicles
Statistics from Fatality Analysis Reporting System (FARS) and the Motor Carrier Management Information System (MCMIS) report that an average of 5,000 large trucks are involved in fatal traffic accidents each year. Tractors pulling one semitrailer are the most common truck involved in a fatal trucking accident. MCMIS also reports that around 136,438 large trucks were involved in non-fatal crashes. From these statistics, it is obvious that motorists must be extra cautious when driving near semi-trucks and other large trucks. Even if a truck does not hit another vehicle, it can still be a lethal instrument. For instance, a trailer could jackknife across a highway, obscure other drivers’ sightlines, or push cars out of lanes. The laws for dealing with the aftermath of truck accidents can get quite complex.
Fortunately, if you’ve been injured in a truck accident, you can rely on the time-tested attorneys at our Law Firm. Call us toll-free to find out more about our unique practice and to explore setting up a free consultation with our team.
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Enhance Your Medical Treatment with Physiatry
Personal injuries resulting from automobile, bicycle, and motorcycle accidents oftentimes affect various parts of the human body, necessitating different forms of medical treatment and specialization. Physiatrists coordinate multiple areas of medicine for an all-inclusive approach to treating a patient who has sustained numerous injuries. Case Study: when my client was involved in a pedestrian versus automobile accident, she sustained spinal cord injuries, a broken leg, and head trauma. Clearly, she had a long road to recovery ahead of her. Her physiatrist coordinated the medical treatment to enhance and build upon each other with the goal of bringing her to her maximum medical recovery stage in the most efficient and thorough manner. Consequently, she was able to treat with an orthopedic surgeon to repair her broken femur and a physical therapist to restore strength and mobility. She was then treated by a chiropractor and massage therapist for her neck and back pain. Finally, the symptoms of post-traumatic stress disorder (PTSD) that she suffered from her minor head injury were addressed by a licensed psychologist.
What is Physiatry?
Physiatry, commonly referred to as Physical Medicine and Rehabilitation (PM&R) is a specific area of medicine that takes on a comprehensive approach to solving neurological and musculoskeletal problems within the human body using less invasive procedures than surgery. Physiatrists are medical doctors who aim to find the source of pain symptoms their patients have and treat the ailment holistically until the patient has reached his/her optimal functional capability. Physiatrists emphasize the importance of addressing all the intricate parts associated with the illness, disability, or injury in order to restore one back to his/her best possible health.
Comprehensive Plan of Physical Medicine and Rehabilitation
Physiatrists take on a multidisciplinary approach to treating patients that have a broad range of personal injuries and medical ailments. These conditions include:
Chronic Pain Management
Traumatic Brain Injury
Spinal Cord Injury
Amputation
Sports Injuries Accident Injuries
Stroke Musculoskeletal Pain syndromes
Nerve Pain
Neck and Back Pain
Psychological Issues
According to the American Academy of Physical Medicine and Rehabilitation, the complete plan of physiatry may include a large range of medical doctors and medical professionals. To give you an idea of how broad these health professionals are, the following are a few that victims of personal injury accidents are commonly treated with:
Physiologists
Physical Therapists
Chiropractor
Massage Therapist
Occupational Therapists Speech Therapist
Your Health is the Priority of the our Law Firm. There are many personal injury attorneys that promise fast settlements and quick cash into your pocket. However, this is not always wise or best for your interests if you have been injured in an accident. Your health is the number one issue to address when you have sustained injuries. The experienced attorneys at our Law Firm are committed to ensuring that your medical treatment is complete, meaning that you are brought back to the best possible health you can be following a personal injury accident. We will ensure your medical treatment is covered by the at-fault party’s insurance and that you receive a full and just settlement for your damages and suffering. For a Free, NO obligation consultation by one of our experienced Utah personal injury attorneys, please call us toll-free.
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The type of insurance coverage that you are probably most familiar with is automobile insurance coverage. An automobile policy may include several different forms of coverage. Within one policy there may be liability coverage, there may be medical expense coverage, there may be collision coverage, and there may be an uninsured motorist and underinsured motorist coverage. Each of those types of coverage is dramatically different and each of them has a different objective. Liability coverage is designed to protect you, the insured, in the event you are involved in a collision in which some other person is injured as a result of your alleged negligence. If a person is injured and they contend that you are negligent, then they may assert a liability claim against you for their medical expenses, lost wages, pain and suffering, resulting disabilities, disfigurement, etc. Your liability insurance policy would cover you in that instance by providing you with an attorney to defend you in that claim and by indemnifying (reimbursing) you for any judgment rendered against you in that case up to your policy limits. If your policy limits are fifty thousand dollars, but the judgment entered against you is for five hundred thousand dollars, then your insurance company is only obliged to pay fifty thousand dollars. The remaining four hundred and fifty thousand dollars may come out of your pocket.
Also within an automobile insurance policy, there may be comprehensive coverage. Comprehensive coverage is a type of first-party coverage wherein you may make a claim against your own policy as a result of damage to your vehicle. If your vehicle was damaged in a collision and you do not wish to or cannot assert a claim against the other party (or if you were at fault), then you may make a claim against your own policy under your collision coverage. Your insurance company will then pay you for the repair cost of your vehicle. In the event your vehicle is totaled, it will pay you the fair market value for that vehicle. If someone other than you was at fault, your insurance company may then have a right of recovery against that other driver. Most forms of collision coverage do carry a deductible. This means that you would only be compensated by your insurance carrier for the amount of money that exceeded your deductible amount.
Auto insurance coverage also offers what is referred to as medical expense coverage or personal injury protection coverage. This is a type of first-party coverage wherein you may make a claim against your own insurance company for medical expenses incurred as a result of a collision. If you are injured in an automobile collision while in your car, you can make a claim against your policy for payment of your medical expenses to the extent that they were reasonable and necessary as a result of this collision. If you are a passenger in someone else’s vehicle, then, assuming there is medical payments coverage for the vehicle you are riding in, you can also make a claim for medical payments under that policy. You may be able to make a claim for medical payments under both your policy and the policy of the vehicle you are riding in.
Another form of coverage under a typical automobile insurance policy is uninsured motorist and underinsured motorist coverage. This is a very important form of coverage because it protects you in the event that you are involved in a collision that is the fault of an uninsured or underinsured motorist. Example: Suppose you are hit from the rear by a vehicle that is uninsured and you are injured. You could sue the driver of that striking vehicle, but he or she may have no assets to pay any judgment that you may obtain against him or her. In that instance, your own uninsured motorist coverage would apply. In such an event your insurance company could essentially step in and defend that uninsured motorist, or at least take a position that is contrary to you, by challenging your claims for uninsured motorist benefits. The same basic principle would apply if that striking vehicle was underinsured. Example: Suppose the vehicle that struck you from behind has twenty-five thousand dollars in coverage but your medical expenses as a result of the collision are fifty thousand dollars. The striking motorist would then be underinsured. If you got a judgment for your medical expenses, he or she may not be able to pay it. His or her insurance policy would pay the first twenty-five thousand dollars, but anything beyond that would be covered by your policy to the extent that you had underinsured motorist coverage. Uninsured motorist coverage is a very broad form of coverage. Even if you are a bicyclist or a pedestrian struck by an uninsured motorist (or by a hit-and-run motorist), you may make a claim for and recover under your own uninsured motorist coverage. If you are struck by a hit-and-run motorist, you may make a claim under your own uninsured motorist coverage.
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As citizens, we all have an obligation to serve as jurors when summoned. Your summons to appear as a juror may come from a state court or from a federal court. Jurors are chosen by different means in different jurisdictions. Some jurisdictions draw from records of the Department of Motor Vehicles, property owner records, and voting records. Other jurisdictions may draw from only one or two of these things. Lawyers and judges have debated the merits of how jurors should be chosen for many years. Most judges probably think that jurors should be drawn from voting lists and also from property ownership roles because that tends to produce a group of potential jurors that are more involved in the community. People that are simply listed with the Department of Motor Vehicles as being licensed drivers but who are not voters or property owners may be less involved in their community.
The merits of the respective positions on that issue lay in the eyes of the beholder. In any event, if you are called as a juror, you must respond unless you are subject to one of the exemptions that apply in your jurisdiction. Over the last several years, the number of exemptions that have applied has been narrowed in most states. It used to be that the exemptions were so broad that the court frequently was left with the only eligible jurors being housewives. That is not in any way to diminish the ability of housewives to decide the merits of the litigation, but the goal of a jury trial is to provide a trial by one’s peers. That is not accomplished if the jury is limited to a narrow segment of the community.
When you are called as a juror, you will have the opportunity to state any particular problems you may have with serving. In most instances, however, unless the reason you cannot serve is extremely compelling and virtually of an emergency nature, then your excuse for not serving will likely be rejected by the court. Your initial selection for service in a courtroom is a matter of a random draw. A certain number of jurors will be sent to a particular courtroom assigned to a judge who has been assigned a particular case. Once you are sent to that courtroom, you may be asked certain preliminary questions that are designed to determine whether there is something that would automatically disqualify you from jury service. Then the lawyers (or, in some cases, the judge) will have the opportunity to conduct what is called voir dire, a questioning process to determine whether you have any particular bias or interest in the outcome of the case. If you do, you may be dismissed from service for that reason. If a case is going to last for several days, alternate jurors may be chosen. Typically, those alternate jurors will not be identified to the jury members themselves, since the knowledge that you were an alternate may affect the level of attention that you would apply to the case. Once all of the evidence is concluded and the closing arguments have been completed, the alternate jurors may be excused.
One thing that frequently comes up during the course of jury service is whether jurors are allowed to take notes or to ask questions during the proceeding. That is a matter of discretion of the individual judge and can vary dramatically from state to state and from courtroom to courtroom. Some judges allow jurors to take notes; others do not. Some judges allow jurors to ask questions, while others do not. Some judges allow jurors to take notes; others do not. The logic behind the jury system is this: since the parties themselves are not able to resolve the particular dispute that has been brought to the courtroom, the best way to resolve the dispute is to have a group of unbiased citizens hear the evidence (in an objective fashion) and then decide that case fairly, based solely upon the evidence presented to them in the courtroom.
Trial lawyers will tell you that the jury system is the great equalizer. The poorest citizen in this country can sue the mightiest corporation, and when those two parties come before a jury, they are equal. The jury is to treat each party with the same respect and attention. The proponents of tort reform maintain that the jury system is a system that has gone awry. They maintain that jurors frequently award outlandish sums for ridiculous cases. Although it is not unheard of that juries do sometimes run away, that is very much the exception. Even if the jury does do something that is contrary to the evidence and the law as given to them, the trial judge always has the authority to correct that by reversing the jury verdict in a criminal case if the defendant was wrongfully convicted or in a civil case by reducing the amount of the verdict if it is too high.
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Why do I need a lawyer?
With the help of an experienced motorcycle accident lawyer, you can greatly increase your chances of receiving compensation for your injuries and losses resulting from your accident. At our Law Office, the legal team has the experience that you are looking for along with an aggressive attitude toward your case. Your lawyer should fight for your rights and advocate your best interests.
What should I do if I was injured in a motorcycle crash?
As soon as you have received the proper medical attention, it is very important that you speak with a lawyer who can help you. If you believe that you were not at fault in the accident and you were severely injured, you could be entitled to compensation. If you have any questions about whether you have a lawsuit, please contact our Law Office. Our attorneys are very familiar with motorcycle accident cases and they will be able to give you the answers you need.
What if my family member was killed in a motorcycle accident that was not his or her fault?
Though nothing could ever compensate you for the death of a family member, filing a wrongful death suit could be an option. Not only could you be monetarily compensated for any expenses resulting from your loved one’s death, but you could also recover damages for non-financial losses such as loss of companionship, suffering, and emotional trauma.
What can I be compensated for if my case is successful?
You could recover compensation for any and all financial hardships brought upon by the injury. Non-financial losses can be recovered as well. For example, you could be entitled to receive monetary compensation for your emotional suffering, loss of consortium, loss of companionship, loss of enjoyment of life, pain and mental suffering. Our associates will work tirelessly with the ultimate goal of getting you the maximum amount of compensation.
What if the person who hit me was driving drunk?
Not only is drunk driving illegal, but it is also extremely dangerous. If you were seriously injured due to a drunk driver, you could recover compensation for your injuries. It is crucial that you speak with a lawyer who is familiar with motorcycle accident law in Texas. You can get the help you need at our Law Office.
What areas can your Law Office help me with?
Our legal team can offer you legal support and information in many areas of motorcycle accident law. Contact our Motorcycle Crash Lawyers if you have been injured in a motorbike collision in Florida. If you have been injured in a motorcycle accident, you are wise to consider hiring a personal injury lawyer after you were involved in the accident. However, first things first, you need to seek medical attention for your injuries. Hopefully, you were taken by ambulance from the scene of the accident to a local hospital’s emergency room. Do not be concerned about any of the medical bills. The at-fault driver’s auto insurance company should pay for all of your medical bills, your emergency room bill, doctors bill, and ambulance bill. You also deserve compensation for any lost wages as well as compensation for pain and suffering resulting from the car accident. Additionally, if you are still in pain, discomfort, or suffering from soreness or stiffness, get subsequent medical treatment through doctors you know. You may need an MRI of a part of your body, such as your neck, back, leg, or arm that will be done at no cost to you either. Take care of yourself first and get on a medical treatment plan while you search for a personal injury lawyer after your accident.
When searching for a personal injury lawyer who is right for you, contact as many local personal injury lawyers as you wish and go with the one with which you are most comfortable. Ask any question that comes to mind. As a personal injury client, after suffering the traumatic event of being injured in an auto accident, you should feel comfortable enough with your personal injury lawyer to ask anything. Look over each personal injury lawyer’s website. Watch informational videos by personal injury lawyers which will help you get to know that personal injury lawyer’s demeanor, character, approach as well as other important traits you may be looking for in the personal injury lawyer you want to hire. Some good traits to look for in a personal injury lawyer are honesty, compassion, caring, feisty, focus, diligence, and invigoration by working on personal injury cases. Obviously, that is not an exhaustive list of positive traits to look for when searching to hire a personal injury lawyer to handle your personal injury case.
Also, important to mention, personal injury lawyers are compensated on a contingency fee, which means you do not pay the personal injury lawyer an hourly rate or retainer fee to work on your case. The personal injury lawyer only receives payment from the opposing insurance company if there is a settlement offer that is acceptable to you or a jury verdict after a trial. Keep in mind during your search for a personal injury lawyer that you are too important to just be considered a number, you are too important to be treated as just another client and your personal injury claim should be so important to you that you diligently pursue the personal injury lawyer you believe is right for you, who will fight to get the compensation you deserve.
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11/21/21 legal – Personal Injury-Truck-Whiplash-Brain-Neck-Motorcycles-Insurance Tactics – gtg
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The whiplash injury is a frequently used non-medical term for what is the most common neck injury suffered in an automobile, car, motorcycle, or bicycle accident. Insurance industry lies, as well as false and deceitful advertising and information published by automobile insurance companies, have made this type of personal injury to be one often perceived by the public as exaggerated or even faked. Insurance companies try to prevent people who suffer this pain from putting in a claim by demeaning the injury and the person feeling it. They use false medical studies and information and even use paid-for experts, to diminish and deny payments they owe people.
Insurance companies have well-developed schemes to deceive and cheat car accident victims. Do not be fooled by the apparently kind and trustworthy injury adjuster! They are trained to con the injured accident victim into trusting them and after the insurance company has gained the trust of the injured person, they then reduce or deny payment!
They use many different types of pretexts to deny payment to an injured person. They may claim to have hired a so-called biomechanical engineer who determines they were not hurt. For a few hundred dollars, these fake scientists will send out a false canned report, dismissing the injury as not having occurred. Insurance companies even hire doctors and pay them thousands of dollars to write reports stating a person is not injured. Some of these reports are made by doctors who have never even examined the person! A competent car accident lawyer can and will spot these tricks, and warn his or her client, and take steps to stop the insurance company’s schemes.
Getting proper medical care and regaining your health should be the most important concern if you have been injured in a motor vehicle accident. Do not let insurance company schemes alter or stop you from getting proper medical care.
An injured person should never feel embarrassed or afraid to tell their doctor and to seek immediate treatment for a whiplash injury. These injuries can be very devastating, and if untreated, can become permanent. The insurance industry has spent millions of dollars over the years in spreading false information to convince the public that these types of injuries are not real, not because such injuries are in fact fake, but because they want to pocket the money they owe injured people. The automobile insurance companies reap undeserved windfall profits by not having to pay injured auto accident victims who have suffered these sometimes devastating whiplash injuries. Anyone who has suffered a neck strain or sprain injury, i.e., whiplash, knows that not only are such injuries very real, but they have a tremendously harmful impact on a person’s ability to perform their everyday life activities.
Even a short delay in seeking legal advice can cause a whiplash injured person to fall prey to the sophisticated tactics of the insurance company. Waiting to seek legal advice can mean the insurance company will have already gained the upper hand by the time an attorney recognizes and informs you of the tactics being used against you.
A personal injury lawyer should always be willing to give a free consultation so delay in seeking legal advice makes no sense.
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Have you (or your loved one) suffered a brain injury?
In the field of personal injury law, the proof and recovery of damages for a brain injury many consider being the most difficult case of all. This is due to a variety of reasons, sometimes from the failure of the emergency room doctor to initially recognize the injury, or even for the failure of the subsequent treating physician to fully appreciate the nature and extent of the injury. To compound this problem, insurance companies have become very sophisticated in the tactics that they utilize to minimize the actual impact of a brain injury on a person through the use of paid company doctors who are often experts at confusing not only the onset of the symptoms but the actual nature and extent of the symptoms.
Brain injuries can often be very subtle and even though they may be termed mild, recent medical developments have shown that there really is no such thing as a mild brain injury. Even so-called mild brain injuries, such as concussions, can have prolonged and devastating effects on a person’s life, it can change their personality, their family life, their ability to work, or even perform their jobs.
Oftentimes individuals with brain injuries are not able to remember many of the events of the accident or the onset of symptoms, they frequently even deny the existence of problems, and family members are left to wonder what has happened to their loved one. They may become angry or frustrated, lethargic, clumsy, have headaches (even mild ones), sensitive to light, nauseous (even vomiting), and often times do not have any specific complaint, but only recognize a general feeling of illness, not feeling well, and/or that something is wrong. Some or all of these things are common results of what has previously been called a mild brain injury.
Many times, an emergency room physician or a primary care physician will only do what is called a gross neurological exam. While this exam may be sufficient to disclose and deal with the emergency situation (moderate, severe, or acute bleeding into the cranial cavity), such exams are not designed to diagnose and find more subtle and less obvious neurological injuries or deficits. A more detailed or so-called fine neurological examination needs to be done by a qualified physician in neurology to discover these more subtle neurological problems. While the gross neurological exam will often diagnose the immediate life-threatening neurological problem, the more subtle, life-altering fine neurological deficits will often not be apparent with just a gross neurological examination, and medical science is learning more with its modern studies that these previously undocumented, missed, and/or ignored fine neurological deficits can have tremendously adverse consequences on a person’s quality of life. The more time that passes between the injury-causing accident and the actual assessment of these injuries, the more difficult it is to prove their relationship to the motor vehicle accident, and the easier it is for the responsible insurance company to avoid paying what it owes.
Of course, a so-called moderate or severe brain injury is more obvious. If you or your loved one have been told by a physician that you have a moderate or severe brain injury you need to take immediate action. Such injuries are devastating by their very nature, and delay in treating any brain injury, even a so-called mild brain injury, can result in symptoms that were otherwise treatable becoming permanent. Insurance companies love any delay in an injured victim seeking treatment since it allows them a multitude of nefarious tactics that become available to them to employ. In a situation of a brain injury where it may become less treatable with the passage of time, it would be particularly despicable for an insurance company to cause or encourage delay, but unfortunately the legal advantage they gain by the delay can outweigh the common human decency that should prevail.
The early diagnosis, treatment, and assessment of a brain injury are crucial to the successful prosecution of the case and the recovery of fair compensation, and the damages that are owed to the injured victim. If you have suffered any sort of head injury or trauma in a motor vehicle accident, you, or your loved one, need to be seen by trained neurologists and specialists in the field of traumatic head injuries. Furthermore, you should not delay consulting with an attorney who has substantial experience in handling brain injury cases. While an inexperienced doctor can cause you to have a less successful recovery from head trauma, it is certainly true that an inexperienced lawyer who does not recognize not only the legal issues and tactics employed to defeat your claim but is unfamiliar with the medical aspects of the case can have a very detrimental impact on the successful prosecution of your case. In choosing an attorney to represent you, or your loved one, concerning a brain injury, not only is it important that you retain counsel at the earliest possible moment, but you need to make sure that the lawyer you retain has sufficient expertise and not just personal injury law, but in the actual prosecution of brain injury cases.
Our Law Firm has successfully handled, prosecuted, and recovered millions of dollars for head trauma victims, and upon evaluating your individual case will be able to promptly advise you of the necessary case strategies that need to be under taken.
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Neck injuries are probably the most common type of injury that occurs in a truck, car, automobile, bicycle, or motorcycle accident. Unfortunately, such injuries are often very difficult to treat and can produce very devastating consequences.
Of course, any fracture to the neck has the potential for catastrophic consequences. Depending upon the level of the cervical spine that is broken, any involvement of the spinal cord or nerves at any cervical (neck) level has the potential for death and paralysis. It is crucial that the best medical advice be utilized by any injured accident victim who has suffered such an injury, since there is very little room for error, and any mistake can literally ruin the person’s life. A competent personal injury or accident attorney will be able to assess whether or not an injured person is receiving the best care, and if you, as an injured person, have to ask your attorney for that assessment, you should have immediate concerns about the attorneys own competence, or at the very least, commitment to helping the injured client. A personal injury lawyer should always be involved in determining whether or not his or her injured client is receiving proper and personal attention for the injury from the treating doctors and hospitals.
It is also common for health insurance companies to interfere in the treatment of an injured automobile accident victim, and try to save money for themselves by limiting the care given by hospitals and treating doctors. Health insurance companies often try to stop or discourage doctors from prescribing needed physical therapy, CT, and MRI Scans, and will even deny needed surgery or palliative treatment, leaving the injured car accident victim to suffer, perhaps permanently.
The neck strain/sprain, commonly referred to as a whiplash injury, is the most common neck injury suffered in an automobile, bicycle accident, or bicycle accident. Propaganda and outright false and deceitful advertising and information publicized by the automobile insurance industry has stigmatized and made this type of personal injury to be one often perceived as unreal, exaggerated, or faked by someone suffering from it. This is the injury that the insurance companies most commonly fight and reduce payments owed to injured auto accident victims because insurance companies have well-developed schemes to deceive and cheat car accident victims. Do not be fooled by the apparently kind and trustworthy injury adjuster! They are trained to con the injured accident victim into trusting them and after the insurance company has tricked or deceived the injured person, they reduce or deny payment! A competent lawyer can and will spot these tricks, and warn his or her client, and take steps to stop the insurance company’s schemes.
An injured person should never feel embarrassed or afraid to tell their doctor and to seek immediate treatment for a whiplash neck injury. These injuries can be very devastating in themselves, and if untreated, can become chronic and lifelong. The insurance industry has spent millions of dollars over the years in spreading false information to convince the public that these types of injuries are not real, not because such injuries are in fact unreal or faked, but because of the difficulty in diagnosing them, especially with a delay in treatment. The automobile and truck insurance companies then pocket undeserved windfall profits by not having to pay injured car and truck accident victims who have suffered these neck injuries. Anyone who has suffered a neck strain or sprain injury, i.e., whiplash, knows that not only are such injuries very real, but they have a tremendously harmful impact on a person’s ability to perform their everyday life activities.
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Insurance companies employ a variety of tricks and schemes to avoid or reduce payments owed to an injured person. It is impossible to list or fully explain each and every one of their tactics. The intention of the following list, however, is to provide you with some warning when you see the following schemes being implemented in your case.
1. A TELEPHONE CALL WITH THE INSURANCE COMPANY IN WHICH THEY INFORM YOU THAT THE CALL IS BEING MONITORED FOR SO-CALLED TRAINING OR QUALITY CONTROL PURPOSES. This is nothing more than a clever way to violate your privacy rights and they are in fact recording your phone call. The law requires that you consent to the recording of the call, however, they get around this requirement by informing you of the monitoring and if you do not object, they will claim that you impliedly consented to the recording. Why are they recording your phone call? They alleged reason is to train or maintain quality control, but the actual reason is that in these phone calls they will often ask you what appear to be innocent questions, but in fact are designed to trap you into making a mistake which they can exploit in defending your claim. When they ask you to describe the accident, it is not to educate them concerning the facts of the case. They have contact with their insured, and if there has been a police report, they have the report to review. What information are you going to add to make them pay a claim that they would other wise deny? If their insured has admitted fault to them, the only reason that they would want a statement from you is to see if you say something inadvertently that can allow them to evade payment. If their insured has not admitted responsibility, it is rather naive to expect that your different version is going to encourage the insurance company to pay a claim which their insured has conveniently given them an excuse to deny. In summary, there is no advantage to you whatsoever to give any recorded statements to any insurance company, unless you are represented by counsel at the time of the recording. It should also be pointed out that having recorded your statement, they will almost always refuse to provide you with a copy of the statement. They will certainly refuse to provide you with a copy of their insureds statement. Since you do not have access to the statement, you should also consider the possibility that your statement, since it is completely within the control of the company that owes you payment, can be altered and/or edited, or perhaps conveniently lost, in the event that it is to their advantage. Never give a recorded statement when you do not have simultaneous access to the recording to guarantee that it is not altered or edited to your disadvantage.
2. THE INSURANCE COMPANY SPECIFICALLY ASKS YOU TO DESCRIBE THE ACCIDENT AND GIVE THEM A TAPE-RECORDED STATEMENT. Item number one is where they are surreptitiously recording you and most people do not recognize that such is taking place. This is a different situation, i.e., the insurance company is specifically informing you that they need to take a recorded statement. They like to use the word need or sometimes tell you that a statement is required. This is absolutely untrue. You are under no obligation nor legally required to provide a recorded statement to an insurance company. Most significantly, though, the fact that they are formally requesting a statement from you is the clearest possible indication to you that they are looking for a way to get out of paying your claim. There is really nothing you can say that’s going to make an insurance company change its mind and go against its insureds or its belief that it can get out of paying your claim. The request for the statement is actually part of the implementation of a plan or decision to not pay your claim. It is a clear warning sign that you are looking at future problems to obtain the fair payment of your claim from the insurance company. Giving the statement can hurt your case and the chances of it providing any help are almost non-existent.
3. THE POLICE REFUSED TO RESPOND TO THE ACCIDENT AND WOULD NOT MAKE A POLICE REPORT. If you have been in an accident and the police refuse to come out and prepare a report, you are at substantial risk of having the insurance company for the party that caused the accident to delay the processing of your claim and eventually deny payment. Without a properly prepared police report, insurance companies will often work with their insureds to create a situation of it being your word against the word of their insured. Even if the other party apologized and admitted fault for the accident, with no police report an insurance company will often work with their insured to later deny such statements, and then contend that you, or someone other than their insured, is responsible for the accident, thereby evading the payment to you which is due. This is sadly a very common occurrence, and in this office alone we will review in a year’s time literally dozens of cases in which this takes place. IF THE POLICE DID NOT MAKE A REPORT FOR YOUR ACCIDENT IT IS IMPERATIVE THAT YOU SEEK LEGAL COUNSEL IMMEDIATELY AND DO NOT DELAY OR WAIT FOR THE OTHER INSURANCE CARRIER TO ACT!
4. THE INSURANCE COMPANY ASKED YOU TO DISCLOSE YOUR SOCIAL SECURITY NUMBER EVEN THOUGH YOU ARE NOT A MEDICARE BENEFICIARY. Many insurance companies are openly lying to people and telling them that because of a recent change in the Medicare law they are required to obtain Social Security Numbers from all accident victims. This is absolutely untrue! The recent change to the Medicare law only requires you to disclose your Social Security Number in the event that you are, or have been, a Medicare beneficiary. There is a specific form for this disclosure published by the Center for Medicare and Medicaid Services which specifically states that you are not required to provide your Social Security Number if you are not now, or have never been a Medicare beneficiary. Incredibly, many insurance companies are altering this form to delete this information, and are instead fraudulently obtaining Social Security Numbers to which they are not entitled. You should only disclose your Social Security Number to an insurance company after you have consulted with counsel and made an informed decision concerning such. In this age of identity theft, it can be very risky to disclose your Social Security Number, especially to a company that has made no guarantees regarding the safeguarding of that information, nor specified what use they will make of that information.
5. YOU HAVE BEEN TOLD THAT THE INSURANCE COMPANY IS INVESTIGATING YOUR CLAIM. This is not really a warning sign, rather, it is a direct statement that they are actively seeking to find ways to not pay you the compensation you are due. If you are verbally told or receive a letter stating that they are still investigating your claim, you should immediately seek the advice of counsel.
6. AS PART OF THE PROCESSING OF YOUR PROPERTY DAMAGE CLAIM THE INSURANCE COMPANY IS WORKING WITH THE BODY SHOP TO USE REPLACEMENT PARTS THAT ARE NOT MANUFACTURED BY YOUR SPECIFIC CAR MANUFACTURER, AND INSTEAD, THEY ARE USING SO-CALLED AFTER-MARKET PARTS. The use of such parts on your automobile will not be warrantied by the automobile manufacturer and they often do not meet manufacturer specifications. Accordingly, the part can fail at some time in the future, and you will have little or no practical recourse against the insurance company or the body shop, and frequently the after-market manufacturer’s warranty is of such a short duration that it is practically meaningless. If you are dealing with an insurance company that cuts corners by using such parts, it is an obvious warning that they will do everything they can to minimize your bodily injury claim, as well.
7. IF YOUR CAR WAS A TOTAL LOSS AND INSTEAD OF USING THE KELLY BLUE BOOK TO DETERMINE VALUE, THE INSURANCE COMPANY USED A SO-CALLED INDEPENDENT APPRAISAL COMPANY TO DETERMINE THE VALUE OF YOUR CAR. THIS IS A CLEAR INDICATION THAT YOU ARE DEALING WITH AN INSURANCE COMPANY THAT IS WILLING TO ENGAGE IN QUESTIONABLE PRACTICES. These so-called independent appraisal companies are not as independent as they may appear. First of all, these independent appraisal companies only provide services to insurance companies. The services that they provide involve telling the insurance company how much money they owe you for your car. Their motivation is obviously to provide their client, the insurance company, the lowest possible valuation on your vehicle so as to give the insurance company the excuse to underpay you for your vehicle. If the appraisal on your car was done or is going to be done, by one of these so-called independent appraisal companies, you should regard this as a clear indication that they will use similar tricks to deny or minimize the payment they owe you for your injuries. An experienced lawyer can often look at these appraisals and show you some of the shortcuts and tricks that were used to undervalue your vehicle, and most personal injury lawyers will perform this service for you free of charge when you are consulting them on your injury case.
8. IS THE INSURANCE COMPANY GOING TO USE A COMPUTER TO CALCULATE THE AMOUNT THEY OWE YOU FOR YOUR INJURIES? If the answer to this question is yes, it is a very clear indication that the insurance company is looking to minimize the payment of your claim. If you ask the insurance company if a computer is being used to value your claim, they may well lie and tell you no, or they may provide an evasive answer. In order to pin down the insurance company, you need to get a clear, unequivocal statement from them, in writing, that a computer is not being used in any fashion to calculate any portion of what is owed, even in an advisory capacity. Some insurance companies, in order to avoid potential legal problems, will state that they only use a computer as part of an advisory process, or as some sort of a tool, as part of an overall evaluation. This is a complete evasion of the truth, and you should not deal with any insurance company once you have any suspicion that instead of a complete evaluation of your individual situation, they will be submitting it in any fashion to a computer. The obvious problem with having a computer being used in the valuation of your claim is that the insurance company then has complete control over the payment. They can program their computer to produce any valuation or advice that the corporate hierarchy wants, thereby controlling the payment that is offered on your claim, even though the individuals controlling such payment have never specifically reviewed or considered your information. This is a despicable practice, yet it is very common, and any use of the computer in your claims process by the insurance company other than to store information is a clear warning sign that you have an insurance company that is willing to engage in a very nefarious practice and should not be trusted.
9. YOU HAVE BEEN ASKED TO SIGN FORMS AUTHORIZING THE INSURANCE COMPANY TO OBTAIN YOUR PRIVATE MEDICAL RECORDS, EMPLOYMENT INFORMATION, OR OTHER PRIVATE RECORDS. Insurance companies often offer to obtain this information, or they claim to have a need for it. Such a request should be viewed by you at all times with suspicion. First of all, you should in detail read exactly what you are authorizing them to obtain from your personal, private records. Often the so-called simple authorization and information requests by the insurance company are in fact carefully crafted, lengthy documents designed by the insurance company’s corporate lawyers to delve into areas of your life in which they have no business, but which they might later hope to utilize against you. Even if they tell you verbally what they are going to use the documents for, it is the documents themselves that control their usage, and there is no guarantee that they will not use the documents in any fashion that they think may help their cause. It is very important to know what time period you are authorizing them to utilize these documents, and are they able to use the documents to obtain information from your past to which they are not entitled, and/or how far into the future are they allowed to use the documents. In summary, if the insurance company sends you documents authorizing them to obtain the information, you should be very careful and suspicious, and understand that signing those documents and returning them to the insurance company may be a serious mistake. Insurance companies are not entitled to invade your privacy unless you give them permission. These documents are designed by the insurance company’s lawyers to let them invade your privacy, all under the guise that you have given them permission to do so. It is very dangerous to sign these pre-printed authorizations from the insurance company without being certain that you understand what they mean, what their effect is, and what is the scope and duration of their usage. Any reputable personal injury attorney will examine these documents and give you advice concerning their usage as part of an initial consultation with you concerning your claim. There should be no charge for this consultation.
10. HAS THE INSURANCE COMPANY REFUSED TO ISSUE AN ADVANCE PAYMENT FOR YOUR MEDICAL BILLS AND/OR LOST WAGES? If the insurance company refuses to issue an immediate check to pay for a medical bill that you have already incurred or lost wages that you have already suffered, this is a very clear sign that they intend to look for ways to avoid paying your claim. If you offer to give them the medical billing, but they refuse to send you a check to pay for that billing, what this can suggest is that they are in the process of preparing to fight the payment of that bill, and potentially other bills. Additionally, if you have lost time from work and they will not give you prompt payment for those lost wages, you should certainly interpret this to mean that you are going to have your wage loss questioned in the future. If there is going to be a problem concerning payment for your bills, it is important that you seek legal counsel immediately because there are certain tricks that insurance companies use to avoid paying medical bills and lost wages and an experienced attorney can often stop these tactics before the insurance company has a chance to implement them. It is important to note that some insurance companies will tell you that they are not allowed to pay for medical bills or lost wages in advance. They may provide you with some suggestions that the law does not permit it. Others may tell you that it is against policy (meaning the insurance company’s own internal policy), or that they need or require something before payment can be issued. The idea that they need or require something other than the medical billing or wage loss verification before issuing payment, to the extent that it suggests that there is such a legal requirement is absolutely false. There is no law that prohibits an insurance company from immediately paying your medical bill and/or compensating you for your lost wages. If the insurance company has a policy where it will not issue such payment, or you get the run around that they need or require some additional information or documentation, this is nothing more than an excuse to delay, and perhaps eventually deny payment to you. They do not need or require anything once you have shown them your medical bill or paystub or similar document showing your lost wages. What they really mean by need or require is that they want something else, and this want is part of an ongoing strategy of delaying payment so that they may retain the money as long as possible, drawing interest and income off of it at your expense. If the insurance company refuses to issue an advance payment to you, it is an immediate warning sign that you need to consult with an attorney, and depending upon what is determined in your consultation with that attorney, you may need to immediately retain a lawyer.
11. HAS THE INSURANCE COMPANY REFUSED TO IMMEDIATELY APPROVE MEDICAL TREATMENT FOR YOU, AND CONTACT YOUR TREATING DOCTOR TO SET UP A DIRECT BILLING AND PAYMENT SYSTEM TO THE DOCTOR? If the insurance company will not contact your doctor and set up an agreement whereby the doctor may bill them directly and have your doctor receive immediate payment upon such billing during the course of your treatment, this is yet another warning sign that the insurance company is looking for a way to delay, deny, or minimize the compensation due you. There is no law that prevents an insurance company from setting up direct billing and payment with an injured victim’s hospital and/or doctors. If they tell you that they cannot do that, or it is against the rules to do that, or it is against their policy to do that, they are not accurately stating to you any law. The law prevents no such thing. They are really just telling you what their company rule is, which should inform you that such a company is in the business of avoiding payment of claims to injured victims to whom it knows it owes payment. This is another warning sign that you should at least consult with an attorney concerning your particular situation, and then you can decide whether or not to retain a lawyer at that time.
12. BE VERY CAREFUL IF YOU CHOOSE TO GET A RENTAL CAR! There are a number of ways and schemes that insurance companies use to avoid paying all or part of your rental car charges. Furthermore, many insurance companies enter into agreements with rental car companies which are designed to allow the insurance company to avoid payment of everything that is owed to you, yet the rental car company will still look to you and obtain payment from you for the rental car. There are also issues concerning what insurance coverage you may need to have if you rent a vehicle. All of these problems still exist, even if the insurance company is supposedly on direct billing from the rental car company! Even in cases where the rental car company is directly billing the insurance company, there are situations in which you may be forced into paying the rental car bill. Every case has to be individually analyzed and it is impossible in this forum to provide the individualized advice that you need to know concerning renting a car following a motor vehicle accident. Our law firm, and most law firms, will provide a free legal analysis of your rental car situation at the time of your free consultation concerning your bodily injury claim. Oftentimes, even if you are already in the midst of driving a rental car the situation can be fixed by the attorney, and the insurance company’s schemes stopped if it is handled promptly and before fully implemented. The rental car companies get a lot of business referred to them by insurance companies so they are very willing to work with the insurance companies to the disadvantage of you, their one-time customer. The watchword is to be very careful in dealing with both the insurance company and the rental car company.
ADDITIONAL WARNING SIGNS. The foregoing list of warning signs that an insurance company is potentially in the midst of a scheme to deny payment to you for what you are owed is not a complete list. It is impossible to list all of the many tactics and schemes that insurance companies have learned and implemented over the years in the training of their adjusters. You may well be subjected to a scheme that is not described in the foregoing list. If you have already been cheated we would appreciate knowing your story, and if it is a scheme that we have not seen over the years you can help other consumers by telling us about it, and letting it be added to the list. If the insurance company is in the midst of a scheme with you presently, it is possible that simply consulting with an attorney will raise an alert to the attorney about the problem, and sometimes the attorney can fix the problem or stop the scheme. Again, any reputable attorney will provide you with a free consultation for your bodily injury claim and as part of that consultation should be more than willing to discuss with you any other issues that are part of your injury claim.
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Choosing the right personal injury attorney may be the most important decision an injured person makes in the presentation of a bodily injury claim following an automobile accident, or any other personal or bodily injury claims, such as motorcycle, pedestrian, truck, or bike accidents.
Unfortunately, there are very few legal rules in place to guarantee that a lawyer holding themselves out as an expert in personal injury litigation is in fact qualified in the field. Thousands of attorneys in Texas are fully licensed in all areas of law, but only about 1.3% are officially “certified” specialists in personal injury trial law.
This is true even if they have never handled, or only occasionally have handled, an accident injury case previously.
Incredibly, it is also true even if the attorney has had a historic lack of success in settling or winning at trial liability injury lawsuits! The success of the lawyer in handling prior cases is not monitored at all, and even an attorney who has poorly handled or unsuccessfully handled prior personal injury cases is still able to hold themselves out as qualified or an expert in the personal injury field. There are huge differences in the knowledge needed to handle different types of accidents. An accident involving two or more automobiles, compared to an accident involving a truck, bicycle, or a pedestrian involve very different types of investigation and legal analysis! Proving liability or responsibility for accidents involving big rig trucks is quite different than proving liability in a more common car or motor vehicle accident. A pedestrian case creates different and significant issues.
There are several questions that you should ask of the attorney you are considering hiring to handle your personal injury case. Some of these questions are as follows:
1. How many personal injury cases has the attorney actually handled?
2. How many personal injury cases has the lawyer actually taken to trial? How many of these cases did the attorney actually win?
3. How does the attorney evaluate the case for the purposes of arriving at a dollar value?
4. Is the attorney familiar with what the insurance company on the other side does in terms of handling a bodily injury claim? Insurance companies have some very unique characteristics in how they handle claims, and an experienced injury lawyer will be able to predict some of the tactics and schemes that the insurance company will use against the injured client. This knowledge on the part of the attorney should always be true for the major insurance companies and almost always true for even the smaller, substandard insurance companies if the attorney is really experienced and an expert in the field. The level of knowledge the attorney has in this area is a very good indication of how much experience the attorney actually has, since a lawyer with experience in a large number of cases will have developed knowledge about each insurance companys habits and ways to get out of paying what it owes.
Perhaps the most important admonition for an injured person to be concerned with is the attorney who inflates the value of the case in the first interview, and who assures the client that there is little to be concerned about with the case. This is an all too common practice on the part of attorneys because they think that inflating the value of the case will make the client want to hire them, and then later when there are problems, it is often perceived too late for the client to make a different choice. Insurance companies have a wide range of sophisticated tactics and schemes to minimize or defeat the most valid of cases, and unfortunately, because the judges and courts, as well as the politicians, have been heavily influenced by insurance companies, the laws have changed in the last couple of decades to take away the rights of the injured victim, and give insurance companies many legal advantages, all to the detriment of the injured victim.
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Many people were speeding, were not paying attention to road conditions, failed to signal and/or had inoperable lights on the car, or perhaps failed to take proper evasive actions. Our Law Firm has personally handled cases involving rear-end automobile accidents in which the insurance company claimed an injured victim who was stopped at a red light was negligent for failing to get out of the way of a 55-mile-an-hour vehicle speeding up and hitting her from behind. They will sometimes hire disreputable physicists or scientists to engage in false physics calculations to give them a reason to deny full payment. Sometimes an injured victim, in an honest mistake, will give wrong estimates concerning times, distances, and speeds involved, which the insurance companies will then jump on to dispute the claim. An injured victim NEVER gives a recorded statement to an insurance company without first consulting with counsel since the insurance industry is an expert at enticing innocent victims into giving statements that the insurance company can twist or distort into use against the injured victim.
DENYING FULL PAYMENT FOR THE INJURED VICTIMS MEDICAL BILLS: Many injured people are misled after having received a letter from the insurance company informing them that the insurance company has accepted responsibility for payment of the medical bills incurred by the injured person as a result of the motor vehicle accident. What the insurance company does not tell you, however, is that this is not a guarantee that any and all bills that you incur will be paid by them. They will review every bill to see if they can get out of paying it through a variety of tactics. The most common tactic is to claim that the bill is not reasonable. Put another way, the insurance company will contend that the doctor charged too much, and the insurance company will only pay what they deem reasonable, and you will be left having to pay the doctor or hospital the balance. Frequently, the insurance company will hire a so-called independent medical review company that issues a report stating that the doctor’s charges were not reasonable and the insurance company is not responsible for payment. Though the insurance companies claim these medical reviews are independent of them, this is far from an accurate or fair statement. Medical review companies are in the business of issuing reports to insurance companies concerning whether or not the insurance company owes payment for a medical bill, and if so, how much they should pay for the bill. These companies have an inherent motive to issue a report telling the insurance company that the bills are inflated and that the company is only responsible for a much smaller payment. These companies know that they will not get repeat business from the insurance companies if they issue any frequency reports that tell the insurance company that they owe full payment of the billing. They know that such reports can cause the insurance company to stop using their services, or to transfer to another medical billing review service. In fact, it is this competitiveness between the medical review companies that are even more damaging to the consumer, since each one has a motive to outbid the others in terms of pricing at the lowest possible rate for bills to be paid by the insurance company. This unfair and dishonest tactic results in millions of dollars of profit for the insurance industry.
DENYING PAYMENT OF YOUR BILL BECAUSE IT WAS NOT MEDICALLY NECESSARY: Another common tactic that insurance companies use to pay bills that an injured victim has incurred is to claim that the treatment rendered by the doctor was not medically necessary, or not related to the treatment for the motor vehicle accident. Insurance companies, again, will often obtain reports stating that the injured person did not really need this treatment, and therefore payment of the entire billing will be denied by the insurance company. Simply relying on your doctor’s advice in recommending the treatment will not protect the injured victim, since the insurance companies simply claim that the doctor was giving wrong advice, and they will often back this up with reports from their medical reviewers. Like denying payment under an allegation that billing is unreasonable, denying payment due to a claim that service and billing were not medically necessary, is a practice that benefits the insurance industry in terms of profits of millions of dollars on an annual basis.
REDUCING YOUR INJURY CLAIM PAYMENT: It is impossible in this forum to detail all of the nefarious tactics that insurance companies use to deny injured people full and fair compensation for injuries they have received in an auto accident. One glaring example, and perhaps the most despicable, is their use of computer software systems to place a value on a claim. For example, one such software system is called Colossus. What the Colossus, and similar software systems do is place a value on your claim by virtue of data that is input into the computer by the adjuster. The evil aspect of such a system is that it is subject to terrible abuse. The insurance company is able to program the system so that it will produce any value that the insurance company wishes to produce. If the insurance company programs the computer to say that having your leg chopped off is worth $5.00, then the computer will only authorize the adjuster to pay $5.00 on such a claim. While this is obviously extreme and absurd, it nevertheless illustrates the problems and abuses inherent in such a system. Unfortunately, the system can be abused on both ends. An adjuster can deliberately, or even negligently, put in wrong information, thereby producing a lower claim payment. Failing or refusing to input all relevant injury data can seriously lower the claim payment. Insurance companies often claim that they only use these computer programs as a tool or a piece of information prior to assigning a claim payment. If it were true that these computer programs play a minor part in the evaluation of your claim, why do the insurance companies use them, and more importantly, why do they pay so much for them? The foregoing discussion is but a brief analysis of the complexities of handling an auto insurance claim. Recognizing the abusive tactics of an insurance company early in a case can sometimes stop it, or at least minimize its impact upon you. Attorneys who practice in the field of personal injury almost always do so on a contingency basis. This means they will not charge you unless and until there is a recovery. Most importantly, they will not charge you for an initial consultation to discuss your case. In fact, you should never consult with a personal injury attorney who charges you for simply meeting with you to discuss the merits of your case. Since an initial consultation with an attorney does not cost anything, the sooner you speak with an experienced attorney following your motor vehicle accident, the greater your ability to protect yourself from the insurance company’s tactics.
THERE ARE MANY HIDDEN PITFALLS IN HANDLING THE AUTOMOBILE ACCIDENT CASE: Every automobile accident case is unique. Is the injured victim without health insurance? If the injured victim does have health insurance, is it Medicare, MediCal, private insurance, or an employer-sponsored health plan? Was there a police report? If the police did not respond, what is the state of the evidence and the ability to prove the case? Are there witnesses to the accident? What was the nature and the extent of the property damage to all of the vehicles involved in the accident? Will a physicist, accident reconstructionist, or biomechanical engineer be needed? Who is the insurance company for the responsible party? What are the tactics that they usually employ to avoid paying claims? All of these things, and many more, need to be analyzed, and at the earliest possible moment. Sometimes, delay can make it impossible to properly fight off an insurance company’s denial tactics. Do not let the insurance company discount your injury! Let our Personal Injury Law Firm worry about dealing with the insurance company! We have over 30 years of experience in successfully resolving car accident claims. Call us today to schedule your FREE consultation, why wait?
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A common error made by individuals, and even attorneys, is to evaluate a motor vehicle versus bike accident as if it involved a pedestrian. A bicyclist who is riding their bicycle is not a pedestrian; for most purposes, the bicyclist is under the same traffic rules and regulations as is the automobile. The importance of this fact is that the operating behavior of the automobile and bicyclist needs to be considered on basically an equal footing as if the accident involved two automobiles. While in some cases this will work against the bicyclist (such as if the bicyclist is riding against traffic), it more often than not works to protect the bicyclist because the bicyclist has the right of away to the road in most cases just as if the situation were if the bicyclist were operating a motor vehicle. A bicyclist hit from behind by a motor vehicle is tantamount to a rear-end type motor vehicle accident. An automobile passing a bicyclist must obey the law just as if it were passing another car. Similar rules and applications apply in terms of stop signs, yield signs, signal lights, lane right of way, and other roadway controls and conditions. Automobile drivers have a tendency to usurp the right of way owned by bicyclists and this is the cause of many accidents, including very serious ones involving injuries to the bicyclist because the bicyclist is clearly unprotected, the collision with the motor vehicle often results in devastating injuries.
While insurance companies like to blame bicyclists for collisions, thereby evading the payment that the insurance company owes to the injured bicyclist, they often do so without a reasonable or factual basis and ignore very clear traffic laws. A unique aspect to handling a bicycle case is the difference in speed, both actually and in capability between an automobile and the bicyclist. It is all too easy for an insurance company to use false calculations of speed and distance to try to blame a bicyclist for an accident really caused by their insured automobile driver. There are also significant issues to be assessed concerning visibility and it is not a proper defense by an insurance company to deny a claim payable to an injured bicyclist because of a contention that the driver did not or could not see the bicyclist because the automobile driver was looking for cars and not bicyclists. It is the duty of every car driver to keep a proper lookout, and that proper lookout, i.e., paying proper attention to the roadway and conditions, means that the driver should operate the vehicle at such a speed and pay such attention so as to be able to observe not only other automobiles but bicyclists and pedestrians. Riding a bicycle is not an invitation to a car driver to hit you because you may be harder to observe, rather, the legal operation of a bicycle imposes a duty on a car driver to carefully and properly operate their vehicle in an undistracted, attentive manner, and at a proper speed, while yielding all right of ways to which the bicyclist is entitled.
Though many motorists consider bicyclists as intruders onto the roadway, this attitude is completely wrong under the law and is the unfortunate cause of many accidents involving cars and bicyclists, with often very serious injuries as the result. If you have operated a bicycle and been injured as a result of a collision with a motor vehicle, you should not be apologetic in any fashion for choosing to operate your bicycle. The car that was operated negligently is the one who should be apologizing, not you. The insurance company that suggests to you otherwise, belittles you, or someone suggests or implies that you have fewer rights to the roadway by virtue of riding your bicycle, is really engaged in a campaign of deceit, and the obvious purpose is to evade payment to the injured bicyclist which is owed by the insurance company.
Insurance companies often go to great lengths to try to obtain tape-recorded statements from bicyclists in order to give them some excuse to deny payment of the claim. It is very easy for a bicyclist to make an innocent mistake in a statement because of the differences in speed and distance capabilities between the vehicle and bicycle, and under no circumstances should you consent to any recorded statement. In fact, you should not even discuss the facts of the accident with the other side’s insurance company without first having obtained a free consultation from an experienced personal injury attorney who handles bicycle accident cases.
Our law firm has over 30 years of experience in successfully resolving bicycle accident injury claims. Call us today to schedule your FREE consultation! Why wait? The initial consultation costs you nothing! Delay can cost you everything!!
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legal 6/7/22 – Truck Accident / Car Accident / Personal Injury/ Medical Negligence / Dog Bite / Motorcycle Accident / Slip & Fall / Wrongful Death – gtg
The State of Texas experienced an increase in motor vehicle traffic fatalities. The 2021 death toll of 4,489 was an increase of 15.22% from the 3,896 deaths were recorded in 2020. Texas had 15,764 serious injury crashes in 2021, with 19,448 people sustaining serious injuries. While these car accident statistics are shocking, the costs and losses associated with these accidents and their impact on those involved are even more staggering once the total impact and losses are calculated.
Car accidents happen for many reasons, not just irresponsible drivers. Bad weather is a major cause of car accidents. Dangerous roads or road conditions and poor roadway planning and signaling design are often found to be the cause of car accidents. Poor vehicle maintenance and malfunction are also major contributing factors to car accidents. And, of course, driver behavior. Driver distractions such as using cell phones and texting while driving, loud music, other passengers in the vehicle, and being too tired to drive safely are all common causes of car accidents. Regardless of why an accident happened, anyone involved in a car accident should seek the advice of an experienced lawyer before speaking to the other parties involved, their representatives, or their insurance company. The driver’s responsibility in the State of Texas is to safely operate their vehicle. Driving within the speed limit, paying close attention to other drivers, taking into account road conditions while driving, not driving aggressively, and obeying all traffic signals and signs are the responsibility of every driver. Any driver who operates their vehicle in an unsafe or careless way is breaching their legal responsibility as the driver of a motor vehicle. And breaching this responsibility is called negligence. Suppose an accident is caused by a person who is found to be legally negligent because they did not operate their vehicle reasonably safely and, as a result, is found to be responsible for an accident. In that case, that person can be held responsible for the costs of all injuries, damages, and losses that occurred because of the accident.
If you have been involved in or injured in a car accident, collecting as much information as possible from the other driver(s) is important. Especially if you believe the other driver was the cause of the car accident. You and your attorney must establish negligence on the other driver’s part before they can be held responsible for the accident. To claim damages, lost wages, medical bills, and any other associated costs or losses, your attorney will need to formulate a claim based on medical records, pay records and work attendance records, vehicle repair or replacement costs, and other information. Often our clients do not fully realize how the accident affects their lives. We believe it is our responsibility as your lawyer to help you consider all possible effects that your accident will have on you and your family, initially and for months or possibly years. We aim to ensure that you are made whole again and properly compensated for all damages and injuries resulting from your car accident.
The car accident lawyers at our Law Firm are experts in negotiating fair settlements with insurance companies and winning lawsuits for our clients when necessary. We have a thorough knowledge of personal injury laws and how they apply to car accidents. Our experienced legal team can help you through the process of being fairly and adequately compensated for all of your losses, damages, and injuries. Call the car accident lawyers at our Law Firm for a free case evaluation.
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MEDICAL NEGLIGENCE AS A CAUSE FOR AMPUTATION.
Surgical amputation is sometimes the only option, for example, when there is extensive nerve damage in a person suffering from diabetes or when the bone of a limb is affected by cancer cells. In both of the above cases, amputation is considered a life-saving option. If you had to have a limb amputated for medical reasons, that is not a cause to claim compensation. However, there are certain circumstances under which you may be entitled to claim. When diseases such as diabetes or cancer are diagnosed and treated during the early stages, further complications related to these conditions may be prevented. Failure to diagnose these conditions early on can result in the disease becoming more advanced, necessitating amputation of a body part. You had to have a surgical amputation if you did not receive the appropriate treatment because of a wrongful or missed diagnosis. As a result, the medical professional may be found to be negligent. In this case, you may be legally entitled to file a compensation claim for the damage that the delay caused.
4 TIPS FOR CHOOSING THE RIGHT PERSONAL INJURY LAWYER
Experience. Never ignore the value of a lawyer’s experience when assessing and examining a claim. Working with a personal injury lawyer who knows exactly what to search for, where to search for it – and understands exactly what it suggests to your case – can make all the difference. For example, every state has particular laws or standards associated with statutes of limitation, negligence, causation, contributing negligence, the presumption of the threat, and others that may be appropriate to your case.
Part of that knowledge and proficiency also includes picking the proper venue for your scenario, which can affect how much settlement you get. While it’s clear that a slip and fall case would be submitted where the accident occurred, not all personal injury accidents are that clear-cut.
Focus. The focus of an attorney’s practice can make a big difference in the result of your case. An injury lawyer has special skills in determining liability problems such as negligence and causation – and is most likely much better equipped to precisely value the compensation for which you are entitled.
Roughly 95% of injury claims settle before trial, so knowing how to negotiate a fair and reasonable settlement is essential as many factors are involved.
Reputation. A lawyer’s reputation can go a long way to solve your case quickly and fairly due to their previous transactions with insurers and other legal representatives in the area and in the court system(s) in which they practice.
An attorney’s reputation provides that included value as it will precede them – not just from a plaintiff’s viewpoint, but from the accused’s point of view and the court’s perspective for handling cases and doing things the proper way. It puts clients in the best situation to recover as much as they deserve due to exactly what happened to them.
Objectivity. Objectivity can not be understated when it happens to compensate for your injuries. Ensure your attorney is objective and isn’t planning to settle your case too quickly to carry on to the next client.
THE BEST WAYS TO SUBMIT AN ACCIDENT CLAIM?
An injury accident claim represents a complaint presented by an individual in concern to an injury – or injuries – from which they feel or believe they have suffered.
As soon as a personal injury accident claim is created and submitted, a court of law must determine the credibility of the claims and the compensation – if any – awarded to the plaintiff. If you feel you have suffered injuries due to another individual – or party’s – negligence, you have the legal right to submit an injury accident claim. It is suggested that legal counsel be consulted; this will not only enable you some clarity in concerns to your case and injuries; however, the process of filing an injury accident claim can oftentimes be a complicated prospect.
Individuals experiencing injuries are suggested to gather all pertinent evidence, records, and reports that show the nature of their injuries; cop’s reports, eyewitness statements, and documents from medical specialists verifying all injuries significantly increase the possibilities of solidifying the credibility of personal injury accident claims. Lawyers specializing in injuries can be consulted for legal support, yet the statutes of limitations on the credibility of personal injuries and the period in which they can be declared differ from state to state; a lawyer can help clarify your alternatives.
The best accident lawyer service is near. Just call us for instant help on every issue. Get out of trouble in no time…
DAMAGES ARE NOT CAPABLE OF EXACT CALCULATION IN A MEDICAL MALPRACTICE CASE.
Non-economic damages include pain, suffering, mental anguish, and a loss of consortium. There are no guidelines for determining the value of an injured person’s pain and suffering. A jury cannot look at a chart to figure out how much to award for pain and suffering.
How to Value Pain and Suffering.
Valuing pain and suffering can be difficult. You may have read about a multiplier in personal injury in medical malpractice cases. Using a multiplier means that insurance companies calculate pain and suffering as being worth some multiple of your special (economic) damages. But that is only true up to a point. Juries do not use multipliers when they are in the jury room trying to determine your damages, and many other factors affect a case’s outcome. Some factors that can greatly impact the value of a plaintiff’s pain and suffering damages are the following:
whether the plaintiff is a good or bad witness
whether the jury likes the plaintiff
whether the jury thinks that the plaintiff lied
whether the jury thinks that the defendant or the defendant’s witnesses lied
whether the plaintiff has a criminal record
whether the plaintiff’s injuries are easy for the jury to understand
One more thing that, sadly, affects the value of pain and suffering in a medical malpractice case is whether the plaintiff is alive and in the courtroom. Juries’ pain and suffering awards can be lower for a deceased plaintiff than for a living, suffering plaintiff. You must ask your lawyer to give you his/her frank opinion about what the jury is most likely to do with your case and your evidence.
Loss of Consortium
Loss of consortium refers to the intangible benefits the injured person provided to his/her spouse or (in some states) children. It is often thought of as the effect of injury on a sexual relationship. Still, it refers to the injury to the entire relationship between the injured person and his/her family.
DEMANDING PROFESSIONAL ACCOUNTABILITY.
Many families are in emotional turmoil following the unexpected and premature death of a loved one in a hospital. They do not feel ready to face a legal battle right away. Or they may have always held the medical profession in high esteem and are reluctant to blame the doctor or hospital for the death, even in the face of compelling evidence of wrongdoing. Unfortunately, the reluctance of survivors to hold incompetent, negligent healthcare professionals accountable for the wrongful loss of human life only helps to perpetuate the problem. More people will die unnecessarily if we don’t insist on professional accountability.
WHAT TO EXPECT DURING YOUR FIRST MEETING WITH AN INJURY ATTORNEY?
The lawyer:
* May ask you to sign a form authorizing the release of your medical information from health care providers so that he or they can obtain your medical records on your behalf.
* Will want to know about all of your insurance coverage.
* I will ask if you have talked to any insurance adjustors and if so, what you have said, and whether you provided a recorded or written statement about the accident or injury.
* I will ask if anyone else has interviewed you about the accident or your injuries, and if so, with whom you spoke and the details of what was discussed.
* May ask about the current status of your injuries – whether you are in pain, your prognosis, etc.
* May advise you to see your doctor if you have any lingering physical problems or complaints.
* May consider your case and contact you shortly after the meeting to discuss your legal options. This is a common practice in injury cases, so you should not read anything into it.
* May decline to take your case. He or she may do this for many reasons, such as his or her current caseload, capabilities or specialties, economic situation, or family responsibilities.
* May refer you to another lawyer. This happens when the lawyer cannot take your case for any number of reasons or when he or she thinks the other lawyer can do a better job under the circumstances.
* May ask you to sign a retainer contract or other form of agreement for representation. You should be able to take the contract home to study it before signing.
* Will tell you what the next steps are. There may be a factual investigation before a lawsuit is filed or settlement is considered, and the lawyer may be able to give you a rough estimate of how long it will take to resolve the case.
* Will tell you not to talk about the case with others and that you should refer questions back to him or her. Stray comments can ruin your case in the courtroom.
* Will probably give you an idea of how he or she intends to keep you informed of progress in your case.
SOME PERSONAL INJURY LAW TERMINOLOGY
Negligence
Within Personal Injury Law, negligence is defined as the degree of culpability and responsibility for an accident; normally, upon the mention of the classification ‘accident’ about an injury claim, the appropriate judicial evaluation will mainly regard that incident to result from negligence instead of recklessness.
Intent
Within Personal Injury Law, injury resulting from a manner of action or behavior where the purposeful desire to cause individual harm, injury, or damage is implicit within the actions of the offender – in contrast to a decision of negligence, the presence of intent and premeditation is the main element within the decision of intent.
Recklessness
Within Personal Injury Law, the determination of recklessness – instead of negligence – involves the degree of lawfulness latent within the particular operation or behavior within a particular circumstance or activity; usually, the decision will arise from the undertaking of legal activity in an unlawful or overdue manner.
Liability
Within Personal Injury Law, the determination of liability includes the examination of the respective adherence to the implied expectation of behavior, actions, or provisions latent within a scenario, circumstance, or occasion – the party cited as the ‘liable party’ is identified as per the degree of the accident sustained in concert with their respective degree of obligation.
Personal Injury Law Assistance
In case you, a member of the family, or a loved one have sustained a personal injury, you are motivated to get in touch with legal counsel – through a personal injury lawyer or personal injury lawyer – for additional assistance in submitting a personal injury claim.
WHAT SHOULD YOU DO IF YOU’RE HURT IN AN ACCIDENT?
Call an Attorney
* Do not admit fault. An admission of fault to a police officer or insurance coverage agent could be hard to overcome if you were not at fault and choose to pursue a claim.
* Look for medical attention immediately. Even if you believe your injuries are minor, you must seek advice from a medical professional as quickly as possible. Some symptoms of injuries, such as headaches, dizziness, and pain, do not appear for hours and even days following a crash.
* Keep a journal of your signs. Discuss them and other concerns with your doctor.
* File the accident scene and your injuries. Do not count on police evidence or insurance provider pictures. If possible, take pictures of all vehicles involved and the surrounding streets. Get the names and contact details of any witnesses. Take pictures of your injuries as quickly as possible after the accident.
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According to the National Highway Traffic Safety Administration, automobile accidents account for the most number of Personal Injury Cases in the United States. Owe it to the propensity of most people to ignore road courtesy and traffic laws, automobile accidents have figured on the tally board as one of the leading causes of deaths, too. Therefore, it is unsurprising that a car accident lawyer and an insurance adjuster could never be far behind whenever there is an automobile accident. A person injured in an automobile accident or any family member would certainly find a good lawyer, the family’s best ally during a crisis. A competent lawyer with experience in handling personal injury cases, specifically automobile accidents, protects the rights of the injured in his bid to receive just compensation for the harm or injury he sustains during the accident. Without a competent lawyer, the injured person may not be justly compensated; failure to receive fair judgment for the harm or injury could be worse than the automobile accident itself.
“Law of Negligence”
Proving guilt in an automobile accident rests on the “Law of Negligence”, which defines that any person who acts negligently and causes damage or injury to another must compensate him for the same. The law requires that anyone driving an automobile must observe a “reasonable degree of care”, and failure to do so gives rise to negligence. For a claim to suffice, it should be proven by the person injured that the person driving the automobile failed to apply reasonable care, as such, acted negligently under the circumstances, and that the injuries suffered by his person or property were the direct result of such negligent act or series of acts. In the list given, some factors may cause automobile accidents that exonerate the driver from a negligent act, such as inherent defects on the vehicle itself and road hazards like a poorly-lit intersection, bad roads, defective traffic systems, etc. A product liability attorney has to be consulted before filing a claim for damages against a car manufacturer. Also, an injury or harm against someone who has
as a proximate cause, bad roads and faulty traffic systems may give rise to a claim against the state.
What to do in an automobile accident?
A person in an automobile accident should never disregard prompt medical attention, no matter how minor the accident was. As some cases have proven, some injuries manifest only after several hours, and to dispense the chance to seek immediate medical response right after an accident may prove fatal. Police presence at the scene of the accident may also be necessary. For obvious reasons, the importance of getting the plate numbers of vehicles involved in automobile accidents can never be underrated. When you witness a vehicular accident, you should immediately jot down the plate numbers in case the perpetrator plans to speed away from the incident scene. Note the names, addresses, phone numbers, and other contact details of all persons involved in the accident, including witnesses. Witnesses’ narratives of the incident, if possible in writing, can go long ways to secure a tight lid on legal action for damages that will proceed later. Take pictures. As pictures “speak a thousand words”, successful “reconstruction” of the incident using computer graphics based on available photos taken from the crime scene will prove handy. Contacting your insurance company at once may prove helpful. However,
above all, contact a Personal Injury Lawyer. Your lawyer can handle inquiries and interviews, so you should better leave it to his expertise and knowledge of the law to handle your case skillfully.
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Why Do You Need a Dog Bite Attorney?
If you or a loved one has suffered injuries in a dog attack, you need experienced dog bite lawyers to help you pursue the compensation you are entitled to. Why Do You Need a Dog Bite Attorney? There are more and more dogs. With so many dogs and humans thrown together in all of these situations, it is no wonder that dog attacks have become a common occurrence. Thousands of people are bitten by dogs every year, and someone seeks medical attention for a dog bite-related injury every few minutes. Children are especially prone to suffering from dog and animal bites. More than 50% of those that suffer dog attacks are children, and 1 out of 10 injured is a sleeping baby! Dog bites are a greater health threat for children than whooping cough, mumps, and measles combined. Even more frightening for parents of young children is that almost two-thirds of injuries among children ages four and younger are to the head and neck region.
When Should you Select a Dog Bite Attorney?
In most cases, the owner of a dog is responsible for the injuries caused by the dog, regardless of any actual negligence. Your ability to recover from dog bite damages with the help of a dog bite lawyer depends upon your injuries and any medical care you receive for the treatment of those injuries. Due to statutes of limitations, the time to bring a dog mauling injury claim is limited, which makes it imperative that you contact an experienced dog bite attorney as soon as possible.
What you do immediately following a dog bite can strongly affect your ability to get compensation from those responsible later. Once a dog bite victim is safe and is receiving proper medical attention, it is important to do the following:
1. Determine the name and address of the dog’s owner
2. Determine the name and breed of the dog
3. Get the names, addresses, and phone numbers of any witnesses to the incident
4. Take photographs of the wound
5. Take photographs of the incident location
6. Have the doctor who treats you perform an in-depth evaluation of the wound
7. Do not permit the dog to be destroyed until you have consulted with an attorney there is evidence that can be gathered from the dog while it is alive that could help with your dog bite lawsuit.
How to Find the Right Dog Bite Lawyers?
Dog bite lawsuits can be complicated because they involve the collection of medical records, animal control records, and previous citations, checking for violations of local leash law ordinances, getting witness statements, and obtaining expert testimony regarding the extent and long-term prognosis for a victim’s recovery. An effective dog bite lawsuit can allow victims to collect damages to help pay for the cost of medical treatment stemming from the dog attack and other expenses such as lost wages and pain and suffering. Victims need to contact an experienced dog bite lawyer to discuss what legal remedies may be available in their case.
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1. Why Should I Use Your Service? Because you’re about to make an important decision, which will likely have a significant impact on your life from this point forward. Most referral services are not owned and managed by lawyers who understand what attributes are most important in an attorney to obtain the best possible result for the client. They simply refer clients to those lawyers who pay the referral service for their cases. As for trying to search for a lawyer on your own, the reality is that unless you know the right questions to ask, you won’t know until your case is over whether or not the lawyer you choose has the expertise, work ethic, or respect of their adversaries, all of which are necessary to get the job done right.
2. How much does your service cost?
I do not charge you any money at all. I am paid a portion of the fee earned by the attorney I refer you to. I will be a party to the fee agreement between you and your lawyer and will maintain professional responsibility on your file through its conclusion. This arrangement ensures that I will refer you to the attorney who I believe will get you the best possible
result.
3. Do you handle any cases yourself?
Generally, I do not. However, there are some cases in that I am very confident I can convince the defendant’s insurance company to tender their policy limit without the threat of a lawsuit and with minimal pressure. In these cases, I offer clients the opportunity to
have me handle the case for a 20% fee. This can significantly save the client, as most other attorneys will give a little discount from their full 33% fee.
4. Will you answer my legal questions before referring me to one of your lawyers? Absolutely. As a practicing attorney in good standing with the Texas Bar, I can give legal advice. This is not the case with almost all other lawyer referral services.
5. I already spoke to a law firm because everyone knows them and everyone says they’re the biggest and best, and they turned me down. How can one of your lawyers help me?
It is important to note that even if a law firm has already declined your case, it does not necessarily mean you do not have a viable claim. The fact is that many big-name law firms simply do not take cases that are not big enough for them. If you have a whiplash-type injury and do not have broken bones, torn ligaments, or the need for surgery, these firms feel that they will not make a large enough fee to make it worthwhile. Those people who find a big-name law firm that is willing to accept their case are often disillusioned when among other things, their phone calls go unanswered, they are pawned off on a paralegal or secretary, or their settlement leaves them with less money than the law firm and doctors made. I cannot stress enough the importance of an attorney’s attention to a client’s case. Unfortunately, the dynamics of a large firm dictate that the average case, which the vast majority of cases are, is not given the same attention as the large cases in such a firm. As a result, cases that appear average on their face are never allowed to reach their true value, even though many cases that seem average are anything but. For instance, it is very rare for an attorney who handles multi-million dollar cases to bother reading the medical records on an average case until it is time to discuss settlement with the defendant’s insurance company. Failure to review medical records as they come in makes it impossible for a good attorney to make appropriate suggestions for referrals to specialists if symptoms are displayed that indicate a more serious injury than what appears to be a simple whiplash injury. For example, where a client is complaining about pain or numbness traveling into their arms or legs, the first thing a good lawyer should suspect is a disc injury in the client’s neck or back. A disc is like a shock absorber that is sandwiched between each of the vertebrae in the spine. When a disc is ruptured or herniated, it can put pressure on the nerves that go from the spine to the arms or legs, thereby causing the pain and/or numbness that the client is complaining of. The first thing a lawyer should look for is whether an MRI has been performed on the client to diagnose whether a disc has been injured. An MRI is a device that takes pictures of the soft tissue in the body that cannot be seen in an x-ray. If an MRI has not been performed, the lawyer should find out why and if the treating physician intends on prescribing one (by now, you should be asking yourself why it is a lawyer’s job to direct a client’s medical care and not the doctor’s. Well, that is a great question, and I will discuss that below, as the answer is not a simple one). If an MRI has been performed and a disc injury is discovered, a good lawyer will see if the client has been referred to an orthopedic surgeon or a neurosurgeon. Suppose a client is referred to a specialist or is considering such a referral. In that case, they must see a doctor who is not only qualified but one whose reputation among insurance adjusters and defense attorneys will not negatively impact the client’s case. Unfortunately, some surgeons will operate on just about anyone, whether they truly need it. Knowing what doctor you are being referred to before seeing that doctor is a must. If your lawyer is too busy to monitor your care, you could end up in the office of someone who can hurt your case, even if they are a quality doctor.
6. Will my lawyer refer me to a doctor?
Most people who come to me for representation do not have physicians they can turn to even if they suffer a sudden injury. Therefore, most clients ask me, or the lawyer I refer them to, to refer them to a doctor. The doctors my network of attorneys and I refer our clients to have been carefully screened and are well known by us. Thus we can be confident that our clients will receive the best care available to get them as healthy as possible, as well as provide the best possible witness for their case. Those clients that come to us who already have their doctor, or were referred to a doctor via the emergency room, a primary care physician (PCP), or a friend, must be able to rely on their attorney to keep a close eye on their care in the event we do not know that doctor. While most of these clients do not experience problems, a client must understand that people who seem anxious or insistent that you see their doctor are not always motivated by their concern for your well-being. The fact is many of these people are motivated by one thing: Money. Yes, some doctors pay people to refer them to their offices in return for money. These people can be tow truck drivers, body shop employees, emergency medical personnel, and even “friends.” More often than not, these doctors are not the best, and it is a good idea to seek a second opinion if you have already seen a doctor that you were referred to by someone who you do not trust 100 percent. If a doctor, or someone acting on behalf of the doctor, offers you any money or gifts to treat that doctor, leave that office immediately and inform your lawyer or me immediately. Over my 15 years of practicing law, I have seen too many people with indisputable, unquestionably serious injuries receive little or no compensation, all because their doctor was caught participating in fraudulent activities. Another important consideration is your doctor’s willingness to work with your lawyer when trying to resolve any remaining balances owed to the doctor when your case settles. All of the doctors to whom we refer our clients are willing to reduce significantly or, on many occasions, entirely waive their balances if we do not receive a substantial settlement on your behalf. Unfortunately, many doctors out there will demand payment of their entire bill, even if that means the client will receive little or no money from their settlement. These doctors tell clients they will treat them for free if they have no health insurance and wait until the client’s case settles for payment. However, for various reasons, settlements or verdicts do not always produce enough money to cover their medical bills and attorneys’ fees and leave money for the client. In these cases, we expect the doctor who treated you for free will share the risk you and your lawyer accepted when the case was opened and reduce their fee accordingly. Unfortunately, a doctor is entitled to seek payment in full, and if we do not know that doctor and you were referred to them by a stranger or acquaintance, the doctor may be the only one who makes any money as a result of your injury.
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In the world of plastic surgery, there have many horror stories of surgeons who preyed on people’s sense of self-worth and emotions. There have been countless personal injury lawsuits filed against many surgeons who were properly certified, this is why you should always do extensive research on any surgeon you are planning on going with. Below is a conversation between 2 board-certified plastic surgeons (one does facial surgery and the other does body surgeries) that gives some good advice.
Dr. Face: Read anything interesting lately in the professional press for plastic surgeons or doctors?
Dr. Body: Odd you should ask. Just finished an article in Plastic and Reconstructive Surgery.
Dr. Face: Sure. Wasn’t that the one that took a survey of 1,867 cosmetic surgeons who were offering Restylane or Juvederm injections? Dr. Body: Right.
Dr. Face: I’m thinking the researchers picked that service of facial fillers because many physicians think it is easy to learn and is done, after all, on a cash upfront basis.
Dr. Body: Then they looked at all 1,867 doctors training. Would you care to guess how many had been certified in plastic surgery and could legally advertise themselves as plastic surgeons?
Dr. Face: If memory serves, it was 495.
Dr. Body: That’s right. The idea of the study was to point out how many non-plastic surgeons are providing cosmetic services.
Dr. Face: But, wait. Wasn’t there something in that same study about liposuction providers?
Dr. Body: In the same area but concentrated in the urban centers, the researchers noted 834 people offering liposuction.
Dr. Face: How many had been fully trained in surgery or as cosmetic plastic surgeons?
Dr. Body: Just about 333, or 40 percent.
Dr. Face: Breaking the statistics down a little further, the researchers found that physicians trained in primary care were the third largest group giving Juvederm and Restylane injections. In contrast, the same lot of primary care physicians were the fourth largest group of liposuction providers.
Dr. Body: So the state of the industry is in a place where if you throw a dart at a list of all cosmetic surgeons, you will likely hit a person who has had no surgical or plastic surgery training?
Dr. Face: Somewhat! Plastic and cosmetic surgery offices offer both surgical and non-surgical treatments. But any doctor doing surgical procedures in an operating room will have had some formal training. It’s one thing to do injections and quite another to perform cutting and sewing. That’s important because many things can go wrong in several different areas. There are issues with anesthesia that can cause problems; there are various types of bleeding that can indicate trouble and other potential unexpected medical woes that rear their ugly heads in the middle of a procedure.
Dr. Body: A board-certified plastic surgeon or board-certified face and neck surgeon will have four to seven years of training after medical school. The part about board certification means the doctor has been tested, grilled, and examined in every way known to science to establish his or her knowledge and skills about plastic surgery procedures. That person cannot leap tall buildings or outrun a speeding bullet but is as safety-conscious and dependable as science can make him. He or she has passed all the tests worth passing. Dr. Face: In America, any physician with an M. D. degree and a medical license can call him-or-herself a cosmetic surgeon.
Dr. Body: You can even check on your personal computer.
Dr. Face: Then, go to that surgeon’s website, and look at his or her training after medical school, fellowships, and the before and after plastic surgery pictures. There should be many of the procedures you want.
Dr. Body: When you email the surgeon, ask how many times a month he does the procedure you want. You might also ask when was the last time he had a surgical complication, how it was handled and what he learned from it.
Dr. Face: Excellent suggestion! About one percent of the time, surgical complications happen in the best hands. So you’ll quickly find out if the surgeon is leveling with you and if he is still open to the idea of learning. That is very important for any medical professional.
Additional Tip: Make sure to disclose any medication or supplements you are currently on before surgery, even if it’s all-natural such as a prescription for ADHD or Thyax thyroid support, so the Dr. can proceed accordingly.
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“Slip and Fall” accidents are categorized under personal injury cases and may be caused by any obstruction on the floor or pathway that is the direct result of skidding or tripping; uncovered holes on pathways, wet surfaces, etc. that may be stepped upon, and cause an accident, including other barriers or hindrances on the walking path. The above conditions may either be permanent or temporary. When filing for damages incurred due to a slip and fall incident, one has to prove that there was sufficient time for the owner of the building before the accident to rectify the error on the flooring or surface and eliminate the hazard and that he had sufficient knowledge that those potential hazards exist, but did nothing to correct those.
Who may be held legally responsible?
The property owner and the person injured may be held responsible for their respective levels of negligence. As a general principle of law on slip and fall cases, the court shall establish degrees of responsibility arising from a slip and fall incident and determine levels of “comparative negligence” on the part of the person injured by the act or omission or negligence on the part of the property owner. By this, the court shall establish the degree of responsibility that the property owner has exercised to ensure safety on his premises, in direct proportion to the responsibility of the injured to be mindful of where he is going and what he is stepping upon. When the courts have determined comparative negligence, they will decide on the percentage of accountability for both the injured and the property owner, which will become the basis of payment for damages. A person injured in a slip and fall accident or his immediate family should consult a competent accident attorney with a proven track record in handling personal injury cases, specifically slip and fall accidents, for thorough advice.
“Talk to my Lawyer”
In a slip and fall accident, as in all other personal injury cases where insurance can be an issue, it is best to direct the insurance adjuster to your lawyer. Your lawyer should handle whatever questions the insurance adjuster may have. He has the expertise to handle issues that, when left alone to you to discuss with an adjuster, may become inimical to your interest.
What to do right after a slip and fall incident.
* Here are some random things to do right after a slip and fall incident that can help you justify your claim for damages:
Take pictures. Capture the place of the incident on film. Focus on the hazard or obstruction on the path which caused you to slip and fall. If possible, capture photos of the vicinity to establish that it is prone to traffic and that anyone else could experience the same fate unless the hazard is addressed properly.
* Secure a report about the incident. Gather details of the incident as much as possible, or in your incapacity, a member of your immediate family or someone with you when the incident happened. Keep track of those who may have witnessed the incident and request a written account. This can bolster your claim for damages.
* Seek immediate medical attention. A medical finding regarding injuries you sustained during the incident is the strongest evidence you can have when you decide to file a legal action for damages. If you need help finding the right Physician, we can help you with
that.
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Even if you are not the kind of person who often gets involved in accidents and the like, you can never tell when you will encounter such cases. It is better to know what should be done to implement things right when you have encountered anything that will cause you personal injury. Why is this important? This is because no matter how careful you are, you cannot help other people’s
There are many possibilities for how you can sustain injuries that will affect you in many ways depending on the extent of the damages. If your injuries require you to stay in the hospital to get treated, you must file the claims so that the other party will shoulder your expenses. If this is the case, aside from staying in the hospital, this would mean that you won’t be able to attend to your regular duties or jobs. You will have less income because of what happened. You will also suffer from anguish and worry, and your family and loved ones will feel the same things. So before you settle and agree to forgive and forget the accident and what it had caused you, you must first try to see the injuries and look at the matter to understand its long-term effects.
If you can do so on the spot, you must gather as much evidence as possible. This must be accomplished even if you are still unsure whether to pursue a case or not. If you have to be taken to the hospital, ask someone to help you record the things that can help you with your case later. Pictures should be taken at the scene. You must capture all the angles of the damages and the injuries you have sustained. You should also jot down important things and details that you might forget later, like the accident’s date, time, and location.
After you have enough materials, you must seek the services of an attorney for these cases. They can help you regarding the matter and explain what should be done to ensure you will get what you deserve. The consultation fees are usually free; just make sure you seek the help of the right person who is knowledgeable about the matter and will truly try to help you through it all. Initial research to prepare yourself for these situations so that you will be confident about what you must do when these happened to you; you must indulge in various resources to help you know more about the topic. Here are some things you can easily do to accomplish this.
1. Try to find printed books that tackle this subject. You must browse through the books’ pages before you borrow or buy these because you need to ensure that you can easily understand how the concepts were written.
2. You must also try to read related websites that will give you good ideas about personal injury. You may want to check out personal blogs, professional sites, and online forums. The latter will be able to help you in terms that you can ask your queries to the forums posters about the things that are still unclear to you.
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When is death considered “wrong”?
In the mind of a hapless family member who just lost a husband, a brother, or a son, death at any angle is never right. It robs children of a father who could have nurtured them and provided for their needs; for a sister, a brother she could always run to when the “goings get rough,” and to a mother – nothing or nobody can comprehend the sorrow that a mother feels when she loses her child. All who may have loved the deceased lost something upon his death; not only the companionship and the affection he could have continuously given them but also the financial help he had provided for them when he was alive and could have continuously provided for them had he not died. This is what the law on wrongful death tries to compensate and the exact remedy a competent accident lawyer called by the family to represent them in court should try to accomplish. A wrongful death lawsuit is brought to court as a consequence of an injury inflicted on a person, which resulted in his death, and the effect of loss that his death caused upon the lives of people who depended on him for support, both in financial and emotional aspects. In wrongful death cases, the wrongful act could be a product of negligence or recklessness, or deliberate intent to harm someone.
What differentiates wrongful death from murder and medical malpractice?
Murder is a criminal offense; the guilt of the person charged with the offense must be proven “beyond a reasonable doubt,” while wrongful death is a civil case, necessitating only a “mere preponderance of evidence” to charge a person with the offense. In a criminal case, the person charged with an offense is considered innocent until proven otherwise, and the burden of proof rests upon the jury to prove beyond reasonable doubt that the person charged indeed committed the crime. If there is an iota of doubt, the law rules in favor of the acquittal of the accused. There should be a tight-lid conviction of the accused; otherwise, the court will have no recourse but to rule for an acquittal. Murder as a criminal offense carries the penalty of incarceration; wrongful death is for monetary compensation of the victim’s family members and does not necessitate imprisonment of the person charged with the offense. In medical malpractice cases, the negligent act of a physician may result in wrongful death, but not all wrongful deaths are caused by medical malpractice. It is best to consult an accident attorney for a thorough explanation of this matter, including recoverable damages that the aggrieved party should seek through the courts.
What action for damages does the Law on Wrongful Death provide?
The reason for a wrongful death lawsuit is to determine the amount of compensation for damages that the family of the deceased incurred, such as but not limited to actual medical and burial expenses; the economic loss that the family has to endure due to the wrongful death of a loved one who could have been the family’s provider, including damages for pain and suffering, as the law explicitly provides. The following factors determine the compensation of the number of damages to economic loss: Earnings that the person could have earned if he did not die; Estimates of his earnings in the future.
Statute of Limitations
Statute of limitations refers to the period provided for by state law as to when a claim can be filed in court. When the period lapses, the right to file the claim in court is lost permanently. As a rule, shared by most states, the period commences when the incident happens.
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Medical Malpractice
Medical malpractice has become increasingly challenging over the last several years. Many lawyers have decided not to take these cases, but at our Law Firm, we continue to pursue medical malpractice claims for our clients.
Medical Malpractice Lawyer
We know how to investigate medical malpractice injuries and wrongful deaths, working closely with medical experts. Our founder is a Board-certified civil trial lawyer with extensive medical malpractice experience. You can rely on his skill as a litigator and his dedication to clients. For a free consultation with a medical malpractice attorney, please call us toll-free today.
What Is Medical Malpractice?
Many medical malpractice claims involve either misdiagnosis of a medical condition, mistreatment of a diagnosed condition, or failure to obtain informed consent from the patient. When we evaluate a claim, we look for evidence of negligence by the doctor, nurse, or hospital.
Misdiagnosis of a Medical Condition – When you go to your doctor’s office or the hospital because of a medical problem, you expect to be treated with the best of care. You expect to hear a diagnosis and then a treatment plan that lays out a course of remedies or medication. To create that plan, your doctor will take your medical history, ask you about the duration and severity of your symptoms, and then order tests and/or blood work, if necessary, to determine what your actual diagnosis is.
But what happens to you or a loved one if the doctor doesn’t follow all of the steps required in standard care and offers up a misdiagnosis? What happens if that misdiagnosis leads to further physical complications, injuries, or even death?
That’s where our Law Firm comes in. If you suspect that your doctor did not follow standard care procedures in diagnosing a medical condition and you’ve suffered because of it, contact the medical malpractice attorneys at our Law Firm. We will evaluate your situation and determine if you have a viable medical malpractice case.
A Formidable Legal Ally
At our Law Firm, we hold medical professionals accountable for their actions in your medical care. If you feel you have suffered further injury or missed time from work and your life because of a medical misdiagnosis, contact us today. Our medical malpractice lawyer now offers complimentary medical malpractice and medical negligence consultation to clients. If we accept your case, we will fight for compensation for medical bills and other medical costs, lost income, and pain and suffering. We can also seek funeral expenses and emotional distress damages for families who lost a loved one to wrongful death.
If you have any questions regarding our services, call our office to speak with a dedicated attorney.
An Injury & Business Law Firm
Our Law Firm is a proven personal injury & business litigation firm serving victims of auto accidents, truck accidents, motorcycle accidents, boat accidents, medical malpractice, dangerous product injuries, premises liability, slip and fall injuries, insurance claim disputes, wrongful death, and severe injuries as well as corporate and commercial litigation, real estate litigation, securities fraud and negligence, and other areas of business law.
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Insurance Claims / Bad Faith
Do You Know Your Rights in Insurance and Financial Disputes?
An insurance policy is a contract between the client and the insurance carrier. If the insurance company fails to meet its obligations, you may be able to file a bad faith claim and receive compensation for your losses. Do not settle any insurance claim before you know your rights and have been treated fairly and honestly by the insurance company.
Insurance Claims Lawyer
At our Law Firm, we know how to fight insurance companies. We have dedicated our careers to protecting individuals from insurance company greed. In addition, we represent people who are experiencing problems with financial advisors, stockbrokers, or accountants. To learn how we may be able to help you, please call us toll-free. Your consultation with an attorney for insurance claim litigation is free.
What is Bad Faith?
When you buy insurance, you expect to get a fair deal. Should an event occur for which you have coverage, you expect your insurance company to pay you promptly and fully. Unfortunately, that is not always the case.
Insurance bad faith is a situation in which your insurance company fails to deal with you in an honest and timely manner. The two most common types of bad faith are:
Denial of a legitimate claim
Excessive delay in payment of a legitimate claim
Insurance policies are intricate and complex legal documents. Some insurance companies play to the fact that most people don’t read through the documents or understand what their coverage fully entails. Remember, every time an insurance company pays out a claim, they lose money, and that isn’t in their best interest.
Sometimes an insurance company will acknowledge your claim, but take an unreasonable amount of time to pay you. This is an internal situation with the company. Often, if the company delays a claim long enough, they are able to stall negative financial reports to its stockholders.
An attorney that is on your side, rather than the side of the insurance company, can really help. When your insurance company realizes that you are prepared, able, and willing to go to court, it becomes in their financial best interest to settle your claim as quickly as possible. A long court case is the last thing an insurance company wants.
If you are having any type of difficulties settling a claim with your insurance company, please contact our insurance bad faith lawyer today for a free consultation. Once we understand the specifics of your case, we will be able to help you more fully explore your legal options.
Talk To Us First
Before you accept a settlement from an insurance company or another party, it is important to consider the short and long-term expenses of your loss. Although the insurance company may pressure you to make a decision quickly, you do not have to accept the initial offer. You have a right to consult an attorney first to make sure you are receiving adequate compensation and not signing away critical rights.
If you are being treated unfairly, we can protect your rights. Call our Law Firm to speak to an experienced insurance claims / bad faith attorney.
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Defective Product Injuries
Defective Product Attorney
Successfully arguing a product liability claim is a complex process. You must understand mechanical, engineering, and medical issues. There are usually numerous parties involved such as the manufacturer, distributor, and seller. Determining liability takes thorough investigative work.
At our Law Firm, we have experience with defective products and unsafe drug claims. We work with engineers and medical experts to build strong cases. We also identify the companies involved in producing and selling a defective product and hold them accountable for their negligence. For a free consultation, please call us toll-free.
Injured by a Defective Drug or Product?
Our founder is Board Certified in civil trial law by the Texas Bar. As a civil trial law expert, he has the knowledge and skill to litigate complex product liability cases, whether they involve household appliances, vehicles, drugs, toys, tools, or other devices.
The firm’s product liability practice includes:
Product liability
Manufacturing and design defects
Car rollover defects
Drug recalls
We represent injury victims and their families in injury and wrongful death claims against negligent corporations. Our experienced attorneys will fight for the compensation you are entitled to receive for losses such as medical bills, lost income, monthly expenses, and pain and suffering.
Product Liability
Product liability law involves any injury sustained from the use of a defective product. This is much more complicated than it sounds. A product can be any item that, when properly used, causes injury. An example would be a barbecue grill that catches fire or a wrongfully filled prescription drug by a pharmacy that causes serious side effects.
Manufacturing Defects / DESIGN DEFECT / Defective Product
our Law Firm specializes in manufacturing and design defect liability law. Any time a product has a design or manufacturing flaw, the item is considered defective. When a product you buy is defective, it can cause a range of potentially harmful problems.
It is a manufacturer’s responsibility to ensure that its products are safe and fit for their intended use. This is known as product liability. When they sell defective products to the public, they can be held liable for the resulting injuries and damages. Many times, a large number of defective products are being used in the public realm at the same time. When this happens, all of the victims who have been injured or harmed by the same product can join together and bring a class-action lawsuit against the manufacturer responsible.
Here are a few examples of products that have caused harm in the past:
Defective automobiles, like defective tires
Defective saws, tools, blenders, and toys
Defective heart and hip replacements
Contaminated foods
A product liability claim can be brought against any party involved in the chain of manufacturing distribution. This can be the original manufacturer, the manufacturer of any component parts, the distributor, or the retailer.
In the case of prescription drugs, the medical professional or pharmacy that prescribed the drug may also be legally negligent if they prescribed or filled the wrong prescription.
If you have been injured by a consumer product or prescription drug and feel you were not properly warned of the dangers, please contact our product liability attorney today. You deserve compensation for lost wages, medical bills, pain, suffering and more. Our Law Firm will ensure you get what law entitles you to.
Who is held accountable for product and manufacturing defects? – It depends on who is specifically proven to be negligent. This could be any party involved in the chain of manufacturing, a distributor who caused damage to a product, or even a doctor who has prescribed a drug without warning his or her patient of potential dangers.
What is informed consent? – Informed consent means that you have been made aware of all the risks and side effects involved in using a product or medication before you use it.
If you have any questions regarding our services, call toll-free to speak with a dedicated attorney.
An Injury & Business Law Firm
Our Law Firm is a proven personal injury & business litigation firm serving victims of auto accidents, truck accidents, motorcycle accidents, boat accidents, medical malpractice, dangerous product injuries, premises liability, slip and fall injuries, insurance claim disputes, wrongful death, and severe injuries as well as corporate and commercial litigation, real estate litigation, securities fraud and negligence, and other areas of business law.
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Burn Injuries
Severe burns are horrifying and can be extremely painful. They often require expensive, long-term health care. Intricate medical procedures, such as skin grafts, may be necessary, requiring extended hospital stays. Often, the burn victim will be unable to work during recovery.
The primary cause of burn injuries is auto accidents. Another major cause of burns is the use of unsafe and defective products.
There are six degrees of burns with first-degree burns being the least severe and sixth-degree burns being the most severe. Typically, lawsuits only involve second-degree burns or higher. It is important to contact an injury lawyer as soon as possible to help determine your best course of legal action.
If your burn is the result of someone else’s actions or inactions, you have the right to file a lawsuit against the responsible party. Our Law Firm will help you seek restitution for medical expenses, lost wages, court costs, and pain and suffering.
At our Law Firm, we operate on a strictly contingent basis. We will never charge you anything up-front, nor will we charge you anything if we don’t win your case. If you’ve been burned in an accident, you deserve to explore your legal options. Relief is available. Call or email our injury lawyers today.
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Slip & Fall Accidents
Broken Bones, Back or Head Injuries?
Slip-and-fall accidents are one of the most common sources of injury. While some accidents result in bumps and bruises, other slip-and-falls or trip-and-falls cause serious injuries. If you hit your head when you fall, you could suffer a traumatic brain injury. Broken ribs, arms, and legs are also common fall injuries. In some cases, people injure their spinal cord, back, or neck.
Slip and Fall Attorney
To recover compensation after a premises liability injury such as a slip and fall, it is best to work with an attorney. Proving liability for slip-and-fall/trip-and-fall cases can be challenging. At our Law Firm, we have considerable experience with these cases and understand what it takes to get results. As your attorney, we provide compassionate service while fighting the insurance company on your behalf. For a free consultation with a slip-and-fall injury lawyer, please call us today.
The Dangers of Unsafe Property
A slip-and-fall accident can happen on surfaces that are wet, slick, uneven, or unstable. Trip-and-falls may occur when an object is in the path of a pedestrian. This may include items such as fallen merchandise, power cords, garbage, tools, or building materials. People also trip and fall when a walking surface is broken or defective. Broken steps, ripped or bunched carpet, missing tiles, and cracked pavement are good examples of defective surfaces.
You may have encountered these problems on public or private property such as:
Hotels
Pools
Theme parks
Parking lots and parking garages
Restaurants
Gas stations
Retail, discount, and grocery stores
Malls
Restrooms
Sidewalks
Stairs
Apartment complexes and homes
If the property owner’s negligence caused your injury, you may be entitled to compensation. We seek damages for your losses, including medical bills, lost wages, monthly expenses, and pain and suffering.
How do I know if I am to blame for a slip and fall accident?
If it took place in your own home, there is no legal action you can take. If the fall occurred on property other than your own and the walkway was flawed or unsafe, you may have a case.
What if the owner of the property did not know it was unsafe?
He or she can still be held accountable for negligence if there is evidence he or she should have reasonably known about the danger.
Call a Trip-and-Fall Accident Lawyer
To schedule a free consultation, please call us toll-free.
If you have any questions regarding our services, call to speak with a dedicated attorney.
An Injury & Business Law Firm
Our Law Firm is a proven personal injury & business litigation firm serving victims of auto accidents, truck accidents, motorcycle accidents, boat accidents, medical malpractice, dangerous product injuries, premises liability, slip and fall injuries, insurance claim disputes, wrongful death, and severe injuries as well as corporate and commercial litigation, real estate litigation, securities fraud and negligence, and other areas of business law.
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Premises Liability Issues
Seeking Compensation for Injuries and Other Losses
Accidents that occur on another party’s property and are caused by the property owner’s negligence are called premises liability accidents. If the accident or injury was the result of inadequate security measures, it is referred to as negligent security.
Premises Liability Lawyer
Premises liability and negligent security are serious issues that can cause catastrophic or fatal injuries. If you or a loved one has been injured on another party’s property, you may be entitled to compensation for your losses, including medical bills, lost income, monthly expenses, and pain and suffering. Working with an experienced personal injury lawyer can make the process easier as you focus on recovering. For a free consultation with our premises liability attorneys, please call our Law Firm today.
Hurt on Another’s Property?
Our premises liability and negligent security practice cover a range of issues, including:
Slip-and-fall/trip-and-fall accidents
Injuries to tourists
Dangerous premises
These types of accidents can happen just about anywhere, from parking lots and gas stations to hotels, grocery stores, and homes. Whether it is private or public property, you may be able to hold the owner liable for negligence resulting in injury or wrongful death.
What if I was injured on government property?
The same laws apply to injuries that occurred on government properties as on other privately owned properties. The only exception is that there could be a statute of limitations concerning the amount of time you have to notify them of the injury and your intention to sue.
Are the laws different if I was invited to the property where I was injured?
Yes. An invitation to the property is taken into account during the court proceedings. If you were invited to the premises where you were injured, the owner may be liable for more in terms of damages.
What if the owner didn’t know his property was dangerous?
Owners can be held responsible for any dangerous condition on their land or property, whether they were aware of the danger or not. If they were unaware of a dangerous condition, they are considered negligent according to the law.
What kinds of properties are usually involved in dangerous premises cases?
There is no restriction as to the type of property. Cases have taken place involving hotels, restaurants, commercial and office buildings, private residences, government properties, or anywhere an injury has occurred excluding the victim’s own home.
We represent residents and tourists who have suffered injuries such as paralysis and brain injuries, back and neck injuries, broken bones and amputations, assault, robbery, or wrongful death from drowning. With 30 years of experience, we have handled nearly every type of injury case. You can rely on our dedication to clients and our thorough case preparation.
Contact a Negligent Security Attorney
To schedule a free consultation, please call us today.
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Motorcycle & Bicycle Accidents
Experienced Trial Lawyer Who Will Fight for You
No matter where they occur, motorcycle or bicycle accidents are almost always serious. Even when there is no collision with another vehicle, the cyclist can suffer severe or fatal injuries.
At our Law Firm, we understand that you may be seeking compensation for a seriously injured family member or because you lost someone to wrongful death. We have represented many motorcycle and bicycle accident victims and their families over the years. You can be certain that our attorneys will diligently pursue your claim and will take it to trial if that is in your best interests. To schedule a free consultation with a motorcycle accident lawyer, please call us today.
Get the Compensation You Need
Many motorcycle and bicycle accidents are the results of collisions with cars or other vehicles. With no protective steel structure surrounding them, cyclists can be severely injured by a relatively minor collision. Injuries common to these accidents may include:
Broken bones and amputations
Back injuries
Neck injuries
Brain injuries and paralysis
Burns and road rash
These injuries may result in scarring or other disfigurements, as well as temporary or permanent disability. The accident victim may need surgeries, rehabilitation, long-term care, and cosmetic procedures. Because the medical expenses will be significant, we will argue for full and fair compensation to cover your losses. When necessary, we utilize medical and economic experts to calculate the costs of current and future medical bills, lost income, and additional expenses.
Contact an Accident Lawyer
To schedule a free consultation, please call us today.
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DUI/DWI Accident Victims
You May Be Entitled to Additional Damages
If were injured by a driver who was under the influence of alcohol or drugs, we can argue for punitive damages in addition to compensatory damages. It does not matter whether the driver is convicted of DUI/DWI in criminal court. In civil court, we just need to show that the driver had a blood alcohol content (BAC) near or over the legal limit.
DUI/DWI Accident Lawyer
Our Law Firm represents DUI accident victims and their families. Our experience with vehicle accidents means we are prepared to handle claims involving drunk drivers. There is no excuse for drunk driving, and we will hold the negligent driver accountable for the damage he or she causes. For a free consultation with an attorney for DUI accident victims, please call us toll-free today.
We Can Help You Fight Back
Accidents caused by drunk drivers are usually serious because their attention is not on the road and their reflexes are slowed. Drunk drivers tend to swerve into other lanes and miss traffic lights or stop signs. The result can be dangerous head-on collisions, high-speed collisions, rear-end collisions, or T-bone collisions.
The victims of these collisions often suffer severe injuries such as:
Brain injuries
Back injuries
Paralysis
Broken bones and amputations
Burns
In the worst cases, wrongful death is the result of an accident.
Victims of catastrophic accidents often need long-term care from specialists. They may suffer temporary or permanent disability and be unable to return to work. The cost of such accidents may be in the millions of dollars.
We fight hard for our client’s rights to recover adequate compensation to cover their losses. In addition, in DUI cases, we argue for punitive damages.
Contact a Drunk Driving Accident Injury Attorney
To schedule a free consultation, please call us today.
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Bus Accidents
There are two types of bus accidents related to legal situations:
You were a passenger on a bus that was involved in an accident.
You were driving or riding in a passenger vehicle that collided with a bus.
An auto accident lawyer with our Law Firm can help in both instances.
If you were a passenger on a bus that was involved in an accident, obviously the accident was not your fault. You may still deserve compensation for injuries sustained through no fault of your own. Legally, however, you must prove negligence on the part of the other parties, which can include the bus driver, the owner of the bus, and the operators of any other vehicles involved in the collision.
Negligence is a legal definition involving the comparative inattention towards a potentially dangerous situation that a reasonable, prudent person would have avoided. Proving negligence is not something easily done. That’s why you need an attorney on your side. Our Law Firm has the resources and skills necessary to investigate your bus accident-related injuries and subsequent legal claims.
If you were driving a bus or were a passenger in a vehicle that collided with a bus, you should also hire legal representation. It can be difficult to obtain compensation from a bus company after a bus accident because it’s difficult to prove who was legally responsible. The negligent party could be the bus driver, the owner of the bus company, the bus maintenance supervisor, or a combination of these people.
Frequently Asked Bus Accident Questions
Fortunately, if you enlist our Law Firm, you enlist an experienced lawyer. We will help determine who was at fault, why, and what settlement you deserve. Then we will pursue that settlement and, as with all our cases, we’re fully prepared to go to trial and win.
If you’ve been involved in a bus accident, please contact our auto accident lawyer today for a FREE CONSULTATION!
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Boat Accidents
Injured on the Water? Your Lawyer Must Know Maritime Law.
In Texas, boating, water skiing, and swimming are popular pastimes for residents and tourists. Boating and other water sports can be extremely dangerous, however, especially if alcohol is involved. If you or a family member has been injured in a boat accident, an experienced personal injury lawyer can help you seek compensation.
Boat Accident Lawyer
At our Law Firm, we have years of experience representing injury victims and their families in marine accident claims. We understand the special maritime laws that govern boating accidents, and we have experience trying cases in federal district court. You can rely on our knowledge in this area of law. To schedule a free consultation, please call a boating accident attorney at our Law Firm.
Handling Serious Injury and Wrongful Death Claims
Boating accidents can result in severe injuries such as brain injuries and paralysis, broken bones and amputations, neck injuries, and back injuries. Passengers who are thrown from the boat in a collision or who fall overboard are at risk of drowning, especially if they are not wearing life jackets.
Accidents involving boats and other recreational watercraft can happen because of issues such as:
Capsizing
Sinking
Running aground
Colliding with other watercraft
Lack of safety equipment on board
Operating under the influence of alcohol or drugs
Children operating a watercraft
Whether you were the operator or a passenger, you may be entitled to compensation if another party’s negligence caused your injury. We fight for our client’s rights to collect damages for medical bills, pain and suffering, lost wages, and related expenses.
Contact a Boating Injury Attorney
For a free consultation, please call us toll-free today.
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Railroad & Train Accidents
It is fairly often that we read about some type of accident involving trains and the railroads. The three most common types of train accidents are:
Derailment – when the train leaves the track and damages people or property
Collision – when the train damages people or property in either a properly or improperly operating railroad crossing
Environmental – this is when a train accident results in toxic cargo solid, liquid, or airborne entering the ground or atmosphere
Due to the size and sheer weight of even a single train car, the destruction that can result from a train accident can be severe, if not deadly. In order to receive a settlement for any injuries suffered as the result of a train accident, you must prove that the responsible party was negligent.
The responsible party can be:
The actual train conductor
The owner of the train company, who is ultimately responsible for the proper maintenance and safety of the train
Some other party such as another driver, depending on the specifics of your situation
Investigating a train accident to its fullest requires someone with years of experience and a wide range of resources. Frankly, without a personal injury lawyer on your side, you don’t have much chance of getting a settlement for medical bills, damages, and injuries that is truly in your best interest.
Railroad Disasters
When railroad companies act responsibly and meet their safety obligations to passengers and the public, railroad disasters are rare. Unfortunately, as budgets are slashed by corporations and by government overseers, safety personnel may be cut back, inspections may be hurried or even eliminated, and safety suffers.
If safety suffers, hundreds of people can be killed or injured in railroad disasters. Our Law Firm can make the difference between devastation and the justice that injured victims and their families deserve.
We know the laws and safety standards that apply to railroad disaster cases.
We can provide victims of railroad disasters with the confidence that they will be treated fairly and justly because we have litigated cases similar to theirs. Our team of experts knows the laws and safety standards that apply to railroads and rail companies.
When you or your family members have been harmed in a railroad disaster, or as the result of an accident involving a vehicle and a train, we move aggressively to find the cause. We know that rail carriers sometimes neglect proper maintenance of train steps and passageways, or speed over unsafe or congested stretches of track. We know that warning systems are sometimes neglected, and that locomotives are not always properly maintained.
One of our strengths in handling railroad disaster cases is our meticulous investigation and attention to detail. For example, we investigate whether crossing guards may have malfunctioned, or if warning devices may have failed.
Each case is different, and we give each one our serious, undivided attention.
We are ready to help if you or a loved one has been involved in a railroad disaster.
If a loved one has died, or you or a family member has been injured, because of a railroad disaster, we are prepared to discuss your case and seek justice on your behalf.
Free consultation with an experienced train accident lawyer
Please fill out our Contact Form, or call us to learn more and arrange for a confidential free consultation.
If you’ve been involved in any type of train accident or railroad work-related event, the law limits the amount of time you have to process a claim. A personal injury lawyer with our Law Firm offers free consultations. Contact us Today!
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Wrongful Death
Put 30 Years of Experience on Your Side During This Difficult Time
If you have lost a loved one to wrongful death, you know that money cannot undo the damage that has been done. However, you also know that you and your family may be facing serious financial difficulties in the aftermath of this tragedy. Will you be able to pay funeral expenses and monthly bills?
Bringing a wrongful death claim against the negligent party is a way to secure financial compensation for your family. It is also a way to seek justice for your loved one. Holding an individual or corporation responsible for its actions may prevent the same thing from happening to another family in the future. You will still have suffered a terrible loss, but some people find comfort when their loved one’s death has an impact on safety regulations, personal responsibility, or corporate policy.
How We Can Help
The wrongful death attorneys at our Law Firm provide compassionate support to families while aggressively pursuing wrongful death claims. We take the time to get to know you so we can truly understand your family’s needs and goals. As experienced trial lawyers, we are prepared to go to trial when that is in your best interests.
Wrongful death damages may be awarded to compensate the family for financial and emotional losses such as:
Medical bills
Funeral expenses
Lost future income for dependents
Emotional distress
Depending on the specifics of the case, damages may also be awarded as a punitive measure against the negligent party.
Who Can File a Wrongful Death Claim?
Depending on the type of case, the following people can file wrongful death claims:
Spouses
Children
Parents
Siblings
Wrongful death is described as any death that is another person’s fault. The most common cause is auto accidents, Rollover, unsafe products, unsafe premises, truck accidents, bus accidents, marine accidents, medical malpractice accidents, and railroad accidents although any other type of death is a potential wrongful death case, as well. Survivors of the deceased typically file a lawsuit in order to seek financial compensation. The amount awarded is based upon the deceased’s projected potential earnings and medical costs, as well as emotional anguish.
While someone usually files a wrongful death case in the immediate family, other people may file a lawsuit in special situations. For instance, if the litigant is under 18, a guardian ad litem is usually appointed to conduct legal matters on their behalf.
Also, stepchildren and other non-adopted children can also be awarded certain rights regarding wrongful death lawsuit filings. Much of who is allowed to file suit is dependent upon the specifics of the situation.
What sort of compensation can I receive?
It depends on the situation. Generally, the deceased’s projected future earnings are calculated and then divided proportionally by the number of dependents. The compensation varies, however, based on how the person died. Additionally, punitive damages for pain and suffering can be awarded.
What if the death occurred in a medical setting?
Wrongful death claims are still applicable.
How much does a wrongful death lawsuit cost?
Nothing. Our consultations are free, and if we take your case, you won’t pay us until it has been resolved.
Our wrongful death lawyer serves clients with free consultations! Contact our Law Firm today to set up an appointment.
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