March 26, 2020May 1, 2020 Frank PichenLeave a comment

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Only experienced Attorneys can Help You Understand and Decide What to do After a Car Wreck

After a car accident involving you or a loved one, you must protect your legal rights against those who would deny you fair injury compensation. Car accidents are a common occurrence and can be little more than a minor fender bender in a parking lot. But just as often, they can be destructive wrecks that cause devastating injuries and deep scars, physically and psychologically. The lives of the victims and their families are thrown into chaos after a serious auto accident in which they were reluctantly involved.

After a serious accident involving injuries, you are entitled to seek compensation for the financial, physical, and emotional injuries you suffered from the car crash. But without intimate knowledge of your case it is impossible to compute the amount you may be entitled to, because the damages you have a right to seek depends on the unique circumstances of your case. We’re here to help you understand the clear need to hire an attorney, any attorney with demonstrated experience in personal injury, if you wish to receive the fairest legal damages. Now you’re welcome to try and handle this matter on your own if you wish, or hire your nephew who just passed the bar. What we hope to do is explain some of the basics of auto personal injury cases for you. And if you’ve been involved in a little fender-bender with no complications or injuries other than a headache, you can probably handle things on-your-own, so long as you’re cautious. But if you call your auto accident a “car wreck,” we strongly urge you to quickly retain an experienced local auto accident attorney who knows the ropes surrounding Texas car accident litigation.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim, and how much compensation you can secure from your auto injury case, call the car wreck lawyers with our Law Firm for a free consultation and find out how we can help you recover the full fair value of the damages you have suffered through the negligence of another driver. You’ve already been made a victim once. Don’t let it happen again.

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Just Who do you have a Claim Against?

How do we know whether or not we have a successful personal injury case against a defendant who should reimburse us for our injuries? All true accident victims have a legal right to collect damages by proving the four elements of a car accident claim. Since you will be the one asking for compensation, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendants who only have to deny and disprove your claim.

There are four elements to proving injuries against a defendant. You must clearly demonstrate your charges are true. They are duty, breach, causation, and damages. A brief overview of each is below:

Duty – The defendant owed you a duty of care to exercise a certain level of caution in order to ensure that you would not get hurt. Texas Civil Codes and Procedures set the level of duty that a person or organization owes to another depends on the circumstances of the situation that are considered, within the relationship of the parties involved at the time. Proving that the defendant owed you at least some duty of care will probably be fairly uncomplicated since nearly all drivers owe each other the general duty to drive reasonably in order to keep others safe. Unless there are unusual circumstances, and there are a few, the chances are that a general “reasonable person standard” applies to the defendant (or defendants) in your case.

Breach – In a great majority of personal injury cases, plaintiffs and their attorneys need to clearly show that the defendant drove in a way that a reasonable person would not have driven. If the defendant in your case drives unreasonably only for the moments immediately leading up to your car wreck, he can be held responsible for the consequences of his negligent actions that caused you harm. Successfully proving that the defendant breached his duty of care is done when you and your attorney present evidence to the court to remove any doubt that what the defendant did (or failed to reasonably do) caused the car wreck. The jurors in your case will consider your charges of breach along with additional evidence that clearly illustrates the defendant’s actions (and malicious intent if it was present). Then during their deliberations, they rule the defendant behaved either reasonably or unreasonably. Offenses such as speeding, recklessness, driving at night without headlights, running through red lights, driving while intoxicated, and more can constitute a breach of the defendant’s duty of care, even if they may not have been legally charged for these offenses in criminal court.

Causation – You must now demonstrate that the defendant breached his duty of care through negligence. But simply showing that this person might have been negligent isn’t always enough to win your charges that the defendant is responsible for your auto wreck. Because in his attempts to deny causation, a defendant will often argue “unforeseeable circumstances” such as other drivers, pedestrians, or even you, caused the wreck instead. This is the last resort for an accident defendant to wiggle out of liability for your injuries. So expect them to swing from the floor and claim anything from a homeless person stepped in their way and forced them to hit your vehicle, to their toddler threw a bottle of apple juice at the driver. Maybe it happened, maybe it didn’t. But how do you disprove the defense? It’s up to you and your accident injury lawyer to thwart their excuses, or the happy defendant skips out of the courtroom. So it’s terribly important to have sufficient evidence to prove any defense that is thrown at you and nail down the defendant’s conduct that seriously hurt you.

Damages – It’s now time to establish the amount of money you are entitled to collect from the defendant and hand him the bill in court. The term “damages” isn’t limited to just your injuries and the bills that must be paid. It refers to the entire monetary value of your injuries (the sum of money) you’ll recover from the defendant if you win your case. Damages often include pain and suffering arising from your injury, present lost wages as a result of it, loss of future earning capacity if your injury leads to long-term disability and of course, the repair, or replacement bills to your auto and any items of worth that are also destroyed in the wreck. All these and even more might be available to surviving family members if the victim dies in the wreck. So you’ll need to calculate exactly what you’re owed and provide airtight evidence to support your calculations.

But you have your figure and the defendants have theirs (often less than your price tag). Damage amounts are almost always the most contentious issue in a car accident case or insurance claim. Defendants typically argue that they really owe you much less than you might claim (if anything at all). They’ll accuse you of asking for a handout and say your requested amount is far higher than traditional payouts. Often the accusation that you’re filing a frivolous lawsuit isn’t far away either. This is usually the last stand a negligent defendant makes. So you must clearly show the jury that your requested damage amount is realistic and proportional to the harm done to you and finish your case strongly with clear evidence that proves your losses are the true sum total of your damages.

Accurate determination of damages is as important as the other three burdens of proof since you have only got one shot to receive compensation from any single defendant. There are no do-overs. But computing every single loss is a challenge without an experienced auto wreck injury attorney who knows the value of personal injury losses and how to effectively calculate them. How do you accurately represent an intangible loss such as pain and suffering, or that of your child? When calculating the loss of earning capacity if you are permanently disabled, how do you account for hypothetical raises and promotions you would have earned had you continued to work, or gotten a promotion, or were hired away by another company at double your current salary? How can you calculate how much all of your medical bills will amount to if your treatment is not yet complete, and your doctor can’t tell how long it will last? We at our Texas Law Office know how to account for and calculate every one of your damages, and make doubly-certain that you recover as much as possible for your injuries.

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Insured and Uninsured Defendants

In Texas, and without exception, all drivers must have auto insurance. Powerful technology allows law officers to instantly know this important fact, and mete-out “street justice” by immediately towing non-insured vehicles and give them very expensive tickets. But still, one-in-four drivers remain uninsured. If an insurance company is involved in your case or not make a huge difference in the legal process and the ultimate outcome of your claim. But certain conditions surrounding your accident (and compensation) can become intricate, and contentious.

Suppose that both drivers involved in your accident were insured and an insurance company is responsible for compensating you for your injuries. This is generally good news for you because it usually means there will be some amount of money available to compensate you for your losses if you’re successful in bringing your claim. And yet, most drivers with “street legal-only” insurance carry minimum coverage on their vehicle, and the insurance policy may not fully reimburse you for your losses if your accident was especially severe. Additionally, just because there is money theoretically available under an insurance policy to compensate you doesn’t mean that that compensation check is easy to come by. Anyone who has carried minimum coverage understands that some companies pay better (meaning quicker) than others. And some, with claimants as well as customers in-general, aren’t generally very responsive to any process other than taking in premiums. And in just about any accident where an insurance company is involved, it means that you’ll be up against aggressive adjusters, accident recreation specialists, defense attorneys, and investigators who all work to see that you lose.

Then there’s the 25 percent chance (at least!) that the other driver involved in your wreck was uninsured. Hopefully you have uninsured/underinsured (UI/UnI) motorist coverage. But since the other driver is responsible for paying you for your injuries, you’re primary interest is, if he is uninsured or underinsured, will your insurer step up to the plate and cover you (or pay the difference) when the negligent driver comes up-short at compensating you. You also must know how solvent this negligent driver is. If a defendant is insolvent, it means that the defendant does not have the money to completely compensate you for your injuries: or even compensate you all. When a defendant is insolvent there’s little value in pursuing litigation against him, no matter how strong your case is in proving he should otherwise be held liable for your losses. This is a sad but regular reality that some accident victims are unable to recover compensation from insolvent defendants.

Sometimes, the other driver will take steps to hide his assets in order to appear insolvent. He might also try and hide this wreck from his insurance company that threatens to drop his coverage if he gets in one more. The car accident attorneys at our Texas Law Office traditionally perform an asset check on any defendant to find out how much he’s really worth and also get a clear picture of his actual insurance coverage. If there’s money available, we’ll find it and work to make sure you get what is owed you.

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The Odds are Nearly Even That Your Injury Claim Will be Denied: Regardless of the Insurer

A popular tactic of some auto liability insurers is to suddenly find an excuse to cancel the policy of its customers once they are involved in an injury-related accident. There are many for them to choose from. But some cancel them for no reason, or say that the monthly premium payment didn’t arrive before the wreck was reported, even if it did arrive a day or two later during the mandated 10 day grace period.

The Texas Department of Insurance keeps records on how insurance companies honor claims and they’ve recently revealed some very sobering data. One Texas minimum coverage insurer took-in over $271 million in premiums in one year. But it has a claims complaint index that is two-and-a-half times higher the state complaint average. Another took in $575 million and had a complaint index of nearly four times the state average. The TDI also has a “top 10” list of insurers that have the highest total complaints in the way they handle claims.

A recent analysis of the Insurance Department’s consumer complaint figures showed that 11 of the 25 largest auto insurers in the state, all of whom are supposed to be honoring over 100,000 policies, had a complaint index that was above average. Complaints that drivers filed with the state included such practices as delays in processing claims, “low-ball” offers and settlements, denial of claims, and liability disputes.

Another favorite trick of some insurance companies in denying an injured claimant is for an adjuster for the company to tell the injured party that if the claim isn’t paid, the person will have to hire a lawyer and will probably wind up with little money for the trouble. At that point, the driver feels forced to take 50 percent or less of the claim for damages. This excuse is patently false. But since the driver probably hasn’t talked to an experienced auto accident attorney, he’s probably unaware of this fact, feels that he’s alone against the big bad insurance company, and accepts the substandard offer.

In one year, Texas consumers filed more than 6,600 complaints against auto insurers. More than half were filed by drivers who said they were not at fault in an accident but had trouble getting an insurer to pay their claims. Texas Watch is a watchdog consumer group that has turned more of its attention to auto insurance issues and their trend of higher denials: but UM/UIM and the more reputable firms as well. The group says that unethical companies have an advantage because they undercut regular insurers on price largely because of their claims payment practices. A spokesman says “the business model is they drag their feet and make it as difficult as possible for the claimant to collect in hopes they will take a low-ball offer or give up.”

Texas Watch completed a survey of customer complaints when filing damage claims against auto insurers in Texas. The largest complaint types and their percentages were:

Delays in handling claims – 36.7%
Unsatisfactory offers – 21.8%
Denial of claims – 16.3%
Denial of claims – 16.3%
Customer service – 10.5%

In an underinsured motorist coverage claim, things can get very complicated for non-attorneys. In order for an underinsured claim to be valid you have to show that you exhausted the other available policies. In other words, if you have $100,000 in total damages and the negligent driver has only $60,000 to fully cover, you have to get all $60k or your UIM claim is viewed by your insurance company (if you have UM/UIM coverage) as invalid.

It is very easy for the defendant’s insurer to pay you only 70% of the value of their policy. But the fact that you didn’t collect full value makes it impossible for your UIM claim for the difference to be honored by your carrier. And there are a few well-known insurance carriers on that top-10 list that is kept by the Texas Department of Insurance; firms you would think would not be on that list.

In short, it is all the more important to have an experienced vehicle accident injury attorney help you with both claims (the liability claim against the other party and the UIM claim against your own insurance) since your success lies in collecting full damage value from both. In cases where you successfully get the other party to tender policy limits, thereby exhausting that policy, you still encounter the difficulties of your company’s insurance adjuster’s alleged ignorance with regard to Texas laws, particularly the Texas Deceptive Trade Practices Act.

So your claim then becomes a contract issue between you and your carrier rather than a tort issue. And our Law Firm knows how to leverage a TDTPA violation claim against an insurer (either the other guy’s or yours) to do the right thing and pay both of your legitimate claims when you have been hit by an underinsured motorist.

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Insurance Company Tactics are Designed to Deny Your Rightful Compensation

Insurance companies can be extremely difficult to negotiate with. And they take up a lot of your time without an experienced attorney on your side. Insurance companies are out to protect their own interests. Those interests are about premiums and paying out as little as absolutely necessary. And if you’ve been seriously injured, their interests are the opposite of yours. They’ll use adjusters to try to find ways to deny your claims. These adjusters may call you repeatedly, asking innocent-sounding questions about your accident. Their inquiries may seem at worst, harmless. But they’re usually calculated to induce you to say something that could be used against you to deny your claims. Whatever you say to them will probably be recorded and could come back to haunt you as evidence against your claim in the future.

Our clients quickly learn from us the best way to deal with insurance adjusters: and that’s just don’t deal with them at all. Adjusters don’t call our clients, but rather, us. And when adjusters can’t talk to our clients, they don’t have a chance to twist our clients’ words around to use against them.

Many times, especially if they know you have a good case, an insurance company pressures and even harasses you to settle your claim for less than your it is worth. Sometimes it’s much less. Now we believe accepting a fair settlement offer if it truly benefits an accident victim. But accepting an unfair settlement offer can be devastating for your legal rights. When you accept an offer, you forever waive your right to sue the defendant ever again. The settlement on the table is all that you will ever collect from that defendant (and his insurance company). So it’s important to not accept an offer unless it’s truly fair. And the only way to determine a fair settlement from an insurance company that wants to victimize you is with the assistance of an experienced car accident attorney.

Insurance companies know that most accident victims are everyday people who, as a result of this accident, are often strapped for cash. They have hefty medical bills and auto repair bills that need to be paid quickly. And perhaps they are unable to work as a result of their injuries so their reduced income is used for monthly expenses, which means there’s little, if any, leftover to pay accident-related expenses. So their obvious strategy is to entice accident victims with small amounts of fast cash that might get them back to even. But what if that’s not the end of your expenses? Insurance companies are banking on you not figuring that out until they’re out of the picture and off the hook. Don’t let the defendant in your case (and his insurer) get away with paying you less than you deserve.

Here are a few more insurance company tricks they would never try to pull on our clients.

They offer you a settlement before the full extent of the medical treatment you’ll need is known.
They offer you less property damage money than what’s due on your car loan.
The insurance company doesn’t offer you a rental car while your vehicle is in the shop being repaired.
The insurance company tells you they’ll pay your claim when you submit your bills, but then refuse either to do so or keep stalling you when you ask for payment. (by the way, we never submit original bills to an insurance company, only copies).
The insurance company takes too long to respond to your inquiries (this could mean that they’re investigating your claim behind your back or just “shining you on” and haven’t yet told you they’re not going to pay your claim).
The insurance company, usually the adjuster) tells you that a settlement offer is “all that you’re entitled to” or “the best you’re going to get”.
Can you think of another reason why you shouldn’t call an experienced Texas auto accident injury lawyer to shield you from insurance companies and fight for your fair compensation rights?

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Do or Don’t You Need an Auto Accident Injury Lawyer?

In most instances, it takes an experienced lawyer to make sure that accident victims recover the actual worth of their medical bills, pain, suffering, and damages to their vehicle and its contents. And as we said at the beginning of this section, depending on the circumstances surrounding the accident and its coverage level, it’s possible for a reasonably intelligent accident victim to handle his or her claim on their own, without the assistance of a lawyer. Aside from the general challenges presented by defendant insurers, below are a few more instances that illustrate how your interests are best served with the assistance of a local, experienced car accident attorney.

You’ve Suffered Bodily Harm in the Wreck – If you suffered any sort of bodily injuries in your accident, it’s best for you to have an experienced lawyer handle your claim. A good rule of thumb is whether you need to make a return visit to your doctor after being treated for your injuries. When you seek damages for bodily injuries, insurance companies don’t have to abide by any preformed guidelines when deciding how much to pay you. Because, by their very nature, insurance companies are more about premiums than claims, they can legally decide to pay you nothing by default. This is the first benefit of having a lawyer who is looking out for your interests regarding your claim. If you’ve suffered broken bones, head injuries, back injuries, or any other sort of injury in your wreck, do the smart thing and call a good attorney quickly.

The Other Driver is Hard to Deal With – It’s also a good idea to call an attorney if the other driver involved in your accident gives you a hard time either at the scene of the wreck or later, or if that other driver doesn’t want to give you his contact or insurance information. Belligerent accident “victims” usually have something to hide, either from the law or their insurance company. This could be an early indication that he’ll make it as difficult as possible for you to recover what you deserve. If you dealt with this kind of behavior, this could be a big red flag that you need to seriously consider hiring a lawyer, or at least have a serious visit with one.

You Can’t Afford to See a Doctor or Pay your Medical Bills – Many people don’t have health insurance which would help them afford the treatment they need after they’ve been involved in a wreck. Even if an accident victim does have health insurance, the odds become less every day that their treatment needs may not be covered under their health benefits. Whether or not they have health insurance, many accident victims are reluctant to get treatment for their injuries because they don’t think they can afford to take the time off of work that they’ll need to see a doctor, or they have higher-than-normal deductibles which preclude even using their health insurance.

Seeing a doctor and getting treatment for your injuries after an accident is not only essential to your health, it’s absolutely necessary to your injury claim or lawsuit. If you can’t afford treatment, or if you already have medical bills that you can’t pay, there’s probably something that our personal injury lawyers can do to help. We regularly work with doctors and healthcare professionals and can hook you up with the right doctor who will take your personal situation into consideration. We have helped many of our clients receive necessary medical care after an auto accident at no out of pocket cost to them. Additionally, we can explain how the time you take off from work to get medical care may be computed in the damage compensation owed to you by the defendant in your case.

If you’re lucky, and none of those circumstances applies, the odds are pretty good that you can handle your case on your own, without the assistance of a lawyer, and reasonably resolve it. Sometimes, plaintiffs can successfully protect their own rights when they’ve been involved in a wreck which resulted in property damage only. If your car was harmed, but you’re not injured, insurance companies are bound by strict guidelines that tell them what they have to pay you in compensation for the damage to your car. Since these guidelines give them little wiggle room, insurance companies have very little opportunity to rip you off when they reimburse you for your repair bills. But if there are serious injuries, no guidelines exist. And that’s when you need legal help in defending your compensatory rights.

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How to Choose the Local Personal Injury Lawyer who’s Right for Your Case

There are many car accident attorneys in Texas. How can you decide which one is right to handle your case? Our respected auto accident attorneys recommend interviewing at least two or three attorneys before choosing the lawyer that you want to hire. Ask each one about his track record for settling and litigating car accident cases. Find out what each attorney thinks the strengths and weaknesses of your case are. See if the lawyers can provide you with the names of former clients whose cases were similar to yours. Ask if you can contact them. And then reach out to them and ask the same question you asked the prospective attorney. If you do all of these things to your satisfaction, then you’ll be able to hire an attorney whose experience in handling cases like yours gives you confidence, as well as peace of mind that this is the lawyer you can trust with your case.

The auto accident injury lawyers at our Texas Law Office have been handling car accident insurance claims and civil cases for over 30 years. We’ve won favorable verdicts and settlements against nearly every major auto insurer in the state. Insurance companies recognize our name. And the reputation that precedes us is very helpful in securing special attention to our clients’ claims from these insurers. Our goal is to make sure that you recover as much as possible for your injuries and make this sometimes complicated legal process as easy as possible for you.

Put our years of experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can secure from your auto injury case. Call our Law Firm now for a free consultation and find out how we can help you.

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Our Law Firm Helps You Understand What to do After a Fatal Car Accident in Texas

If you and your family are suffering, and dealing with the loss of a beloved family member after a fatal car accident, our hearts go out to you. Dealing with the sudden loss of a loved one, regardless of the circumstances, is an ordeal that none of us deserve, but many must endure.

But in the midst of your grief, it is likely that this sudden loss was caused by negligence by the driver, or someone else. And though it might seem inappropriate to think of anything but mourning your loss, this accident is certainly affecting you and yours financially. And contrary to what your family might think, it is certainly appropriate to consider how your family will be appropriately compensated for your damages and those that your deceased loved one suffered. Someone needs to help you handle this part of your family’s business before someone who doesn’t care about those interests does and victimizes your family during its time of profound sorrow.

Most of us drive responsibly. We obey traffic laws, use our seatbelts and child car seats, and are alert to our surroundings when driving. But no matter what we do to keep ourselves, our families and other motorists safe, that responsibility is not always shared by other drivers. Drivers who are thoughtless, careless, drunk, tired, or distracted can come crashing into our lives with no warning, no matter what we do. All we can do is watch out for them and hope to avoid them in time when they come careening, out of control, into our lives.

So after an auto accident that kills someone you love, there’s a lot you can do to protect your rights with the help of the right fatal car accident attorney. You can rightfully seek compensation for the financial, physical, and emotional damages surrounding the tragic fatal auto accident that took your loved one from you and yours. But in fighting for that right you are opposed by powerful forces. They have one goal in mind, to deny the rightful financial remedy you and your family deserve, by law: rights that, with the help of an experienced fatal auto injury lawyer, you can effectively protect and keep you safe from the fiscal disaster this wrongful death can become.

If you wish to receive the fairest legal damages that your insurance claim or civil case can bring, we hope this Web page will help you understand the clear need to hire an attorney, any attorney, who has experience in personal injury and wrongful death auto accident cases. Some might try and handle this matter themselves, or hire inexperienced counsel who talks a mean game. But we feel obliged to explain some of the basics of wrongful death auto accident cases as a service to our visitors.

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What Compensation Damages are Available after a Fatal Car Accident?

If your loved one has been taken from you because of a fatal car accident, whether they were with you in your auto or in someone else’s, you are entitled to seek monetary damage compensation for that horrible loss. We truly understand why no amount of money can compensate a family for the loss of a beloved member in a tragic car wreck. But money is the only remedy that the law can provide, especially if no criminal charges are filed against the other driver or drivers. And given the high price of funeral expenses and medical bills alone, the civil remedy is a useful tool to help families get back on their feet after a heartrending fatal car wreck and give their loved one a fitting memorial. But even more: recovering damages from a defendant punishes them for his or her negligence. It also serves as a reminder of the financial and legal consequences to which negligent people expose themselves when they drive irresponsibly, and it can inspire them to never do it again.

In a fatal vehicle accident lawsuit, there are two types of damages. They are wrongful death damages and survivor damages. Below is a general overview of both.

Wrongful death damages are those directly incurred by the family members that have lost a loved one due to a fatal accident. These damages can be sought by multiple immediate family members such as a spouse, parents, or children, either separately or collectively. Wrongful death damages will often, but not always, include compensation for items such as the deceased family member’s medical bills prior to death and funeral expenses, along with a family member’s pain and suffering due to their loss. Also included in wrongful death damages is the loss of financial support that had been provided by the decedent and loss of consortium (or unique familial love that is lost). Sometimes that consortium can be both personal and professional if, for example, a father was in business with his wife, or his son, or all members were part of a family business. They include:

Compensation for mental and emotional distress caused by the loss of a family member.
Compensation for loss of companionship.
Compensation for loss of the financial support of your deceased family member.
Compensation for funeral and medical expenses your family member incurred due to the accident.
Survivor damages are collected from the defendant by a surviving family member, usually on behalf of the entire family in the name of the deceased family member. Survivor damages are those that the victim would have been able to sue the defendant for, had he or she survived. And those are damages that any personal injury plaintiff may file against a negligent defendant. But in this case, only one family member can seek survival damages since that family member effectively acts as a proxy for their deceased relative in a wrongful death case. In Texas, It the family member who seeks survival damages can also seek wrongful death damages, which isn’t the case in many other states.

Survivor damages include:

Compensation for lost wages due to time spent in the hospital after the accident.
Compensation for loss of earning capacity.
Compensation for medical expenses incurred due to the accident.
Compensation for physical pain and suffering.
Compensation for emotional and mental suffering.

Your insurance claim or civil case will most likely demand that you seek damages for both wrongful death and survival. The proof required for these two types of damages is discretely different. The wrongful death attorneys at our Texas Law Office are skilled and experienced in developing cases to prove all the damages our clients are entitled to, and maximize your opportunity to recover all the damages you and your family rightfully deserve on behalf of your deceased loved one

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The Four Required Elements of a Successful Fatal Auto Injury Accident Insurance Claim or Lawsuit

If you’re reading this, you certainly want to know whether or not your family might have a successful personal injury case against a defendant who must reimburse you for the loss of your loved one in a fatal car wreck. In most auto accident cases, the victim, or in this case, the victim’s surviving family has a legal right to collect damages. But Texas law says that rightfully asking for, and actually collecting, damages are two different things. As plaintiffs you have the burden of proving all four necessary pillars of defendant liability for the fatal car accident claim in court. In the U.S, we all know that all defendants are innocent until proven guilty. So all who will judge your case (or evaluate your insurance claim) must clearly understand why you are owed these damages by the defendants. And all your opponents have to do to win is effectively deny or disprove any one of these four elements to get off the hook.

In civil law, each of these four essentials of proving rightful civil liability against a defendant must clearly demonstrate your charges are true and appropriate. They are duty, breach, causation, and damages. Below, we’ll briefly discuss each of these elements in order to give you a better appreciation what it will take to prove that you’re entitled to damage compensation.

Duty: The first task thing your fatal auto injury lawyer must do is prove is that the defendant owed your loved one a duty of care. This means the defendant must exercise an acceptable level of caution in order to prevent people from being hurt or killed as they drive. Texas Civil Codes and Procedures establish the level of the duty of care that a person or organization owes to another in personal injury cases. This duty depends on the circumstances of the situation in-question that are considered relative to the relationship of the parties involved. Proving that the defendant in your case owed your loved one at least some duty of care is relatively straightforward since nearly all drivers owe each other the duty to drive as a reasonable person would in order to keep others safe. Unless there are unusual circumstances (and there are a few) the chances are that a moderate “reasonable person standard” applies to the defendant (or defendants) in an auto accident case that caused your loved one’s untimely death.

Breach: If the defendants drive unreasonably only for the moments immediately leading up to the fatal car wreck, they can be held responsible for their negligent actions that caused this tragedy. Offenses such as speeding recklessly, driving at night without headlights, running through red lights, driving while intoxicated, driving while distracted (by cellphone or texting) and more can constitute a breach of the defendant’s duty of care, even if they may not have been legally charged for these offenses in criminal court. Proving that the defendant breached his duty of care is typically accomplished when your attorney presents evidence from an investigation that removes any doubt what the defendant did, or failed to do in causing the fatal car wreck. The jurors in your case will consider your breach of duty evidence along with additional evidence that clearly illustrates the defendant’s negligence. Many times this element can be the most difficult to prove, and calls for a great deal of investigation by your lawyer. But once that breach is successfully proved, the rest of your civil action might not be so difficult.

Causation: Simply showing the defendant might have been negligent isn’t always enough to win your charges that the defendant owes your family a long list of damages arising from the fatal auto wreck. Because if a defendant is forced to deny causation (a term used in proving breach of duty), often he will argue “unforeseeable circumstances” such as other drivers, pedestrians, or even your loved ones were the actual cause of the fatal wreck. Most often, this tactic is the defendant’s last stand if he or she hopes to wiggle out of being held liable for legal damages. So expect the defendant’s lawyers to claim anything from the sudden appearance of an obstacle in the road that forced them to violently swerve and hit your loved one’s car, to their toddler threw a bottle of apple juice at them while they were otherwise driving safely. You know that this is untrue. But how do you expose this defense for what it is? And what happens if they introduce a perfect driving record, no accidents or tickets, that dates back to the Reagan Administration? It’s up to you and your Texas fatal auto wreck lawyer to prove your accident claim, and disprove any untruthful defense. This is why it’s terribly important to have more than sufficient evidence to disprove any defense that is thrown at you, and that it was the defendant’s conduct behind the wheel that caused the car accident that took your loved one.

Damages: The term “damages” isn’t limited to just the actual cost of injuries and medical or funeral expenses of your loved one. It’s a legal term that refers to the total monetary value (the actual sum of money) the defendant owes you and your family in the wake of your loved one’s fatal auto accident. So in addition to the above expenses, damages might also include your deceased loved one’s pain and suffering, present lost wages (present and projected earnings), you and your family’s pain and suffering and, of course, the repair or replacement bills for any vehicle or items of worth that are destroyed in the wreck. In order to prove what you’re entitled to collect, you and your attorney must correctly calculate exactly what you’re owed by the defendant and provide clearly irrefutable evidence of all your family’s injuries and losses in order to clearly support your damage claim.

While you and your fatal car accident lawyer establish your true damage amount, the defendants also work on the very same thing, but they call it “totaling up our losses.” Civil damages-owed can be the most contentious issue of any personal injury case. Defendants use their own “creative accounting” to determine how little they think they owe fatal accident victims in the event that the jury finds that they are responsible for the wreck. They’ll accuse you of asking for a handout and beg the court to see that your requested amount is unreasonably higher than traditional payouts in similar cases. This very convenient defendant argument is also often accompanied by a charge that you are bringing a frivolous lawsuit against them. This is where you must clearly show the jury that your requested damage amount is realistic and proportional to the actual harm done to you and your family by the negligent defendant. Contesting the compensation amount is usually their last gasp at wiggling out of paying reasonable damages. You must strongly finish your case with clear evidence that proves your family’s losses are true, and that the amount requested is the full and reasonable sum total of your damages.

Determining the proper amount of damages can be as important as the other three elements of proof because you are approaching the end of your family’s quest. And you have only one shot to receive fair compensation from any single negligent defendant. But computing every single loss can be challenging unless you have an experienced auto injury attorney who knows the value of personal injury losses arising from fatal auto accidents and how to effectively calculate them: both tangible and intangible. How do you put a price tag on a beloved family member? In calculating loss of earning capacity how do you account for hypothetical raises and promotions your loved one would have earned had he or she continued to work, or been promoted, or hired away by another company at double tomorrow’s salary? These and other damage calculation issues are a reason why you need an experienced Texas fatal car accident attorney with our Law Firm who knows how to account for and calculate every damage claimed as a result of losing a loved one to a fatal auto wreck.

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Whether the Defendant is Insured or Uninsured Greatly Impacts your Case

State law clearly mandates, without exception, that all drivers must have auto insurance. Law enforcement has incorporated some powerful technology in order for them instantly detect whether a motorist is insured or not. Many literally dispense “street justice” by immediately towing non-insured vehicles and giving the drivers very expensive tickets. If the driver has been previously convicted of driving without insurance, he or she can lose their license for a long time and possibly even go to jail, especially if they are involved in a wreck.

But even when they know they’re apt to suffer the consequences if they drive without proof of liability insurance, at least one-in-four Texans still try to get away with it. Whether or not an insurance company is involved in your case makes a huge difference in the legal process and the ultimate outcome of your fatal auto accident claim. Some of the conditions surrounding your accident (and damages compensation) can be complex and often contentious. But other elements of the fatal car wreck can be relatively straightforward once you get past the initial complexities.

If both drivers involved in the accident are insured then the company covering the driver that caused the accident is responsible for compensating your family for all legal damages up to policy limits. Whether they actually do or not is one thing. But generally, this can be good for plaintiffs; because in most insured cases there will be at least some amount of money to compensate your family for the tragic loss of your loved one. And yet, most drivers with “street legal-only” liability insurance carry minimum coverage. Those minimums are 30/60/25. Each number is in thousands. The 30 is bodily injury per person, the 60 is bodily injury per accident and the 25 is property damage (the value of the vehicle that was hit). Such policies typically fail to fully reimburse your family for this deep wrongful death loss. Notice there is no provision for pain and suffering or other survivor damages. So just because the money is theoretically available through the negligent driver’s policy doesn’t necessarily mean that you will be able to easily recover it; especially if the negligent driver carries minimum coverage.

Additionally, anyone who has dealt with “minimum coverage insurance carriers” understands that only a few of them pay better (and quicker) than others. Many however, are less than responsive with claimants (not to mention their customers’ in-general, even if they still take-in those monthly premiums like clockwork). And in just about any fatal auto wreck where an insurance company is involved and with so much money at stake, you’re certain to encounter aggressive insurance company adjusters, accident recreation specialists, defense attorneys and their investigators as well. All are working to see that you lose your case, should you choose to sue that driver’s insurance company in order to collect your rightful damages.

And sometimes, a driver who has been involved in a wreck will take steps to hide his assets in order to make you think he or she is insolvent if your requested damages exceed the amount of their insurance coverage. Or he might try to hide the fact that he is insured altogether because of fears that his carrier will drop his coverage if there’s another car wreck on his ledger. Regardless of the reasons behind this defendant’s behavior, the Texas fatal car accident attorneys at our Texas Law Office perform a thorough asset check on every one of the defendants – including the value of their insurance – in order to find out how much he or she’s really worth. If there’s money available, we’ll find it and work to make sure you get the compensation you deserve for the loss of your loved one.

It’s also a good idea to immediately call an experienced auto accident attorney if the driver who caused the accident is less than forthcoming either at the scene of the wreck or later. Or maybe the other driver doesn’t want to provide his contact or insurance information. Belligerent accident “victims” such as these usually have something to hide, either from the law or their insurance company. This behavior is also a very good early indicator that he’ll also make it difficult to recover the damages you deserve because of his or her negligence in causing the death of your loved one. If the other driver displays this kind of behavior, treat it as a big red flag that you need to quickly talk to a lawyer.

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Insurance Companies Will Constantly Pressure you to Settle for an Unfair Amount

Even on a good day, insurance companies can be extremely hard to negotiate with. It seems impossible to get either the straight story, or a reasonable sum of money out of them. Why waste your time and patience with their tactics designed to frustrate you at every turn? Let your lawyer handle the insurance companies that are out to protect their own interests. If you’ve lost a loved one in an auto accident and seek legal damages, their interests and yours are polar opposites. They’ll use adjusters to try and deny your claims, even if they appear to be on your side. our Law Firms’ former accident injury clients have learned through experience that the best way to deal with insurance adjusters, especially during your time of unfathomable grief over the sudden loss of your loved one. Their remedy is to simply ignore them. Adjusters don’t call our clients. Without exception we make them call us instead. When adjusters can’t talk to you, they don’t have a chance to twist your words around and use them to deny your legal rights.

Many times an insurance company will try to pressure you to settle your claim or lawsuit for less than it is worth: sometimes, much less. Under some circumstances our attorneys believe that accepting a fair settlement offer is beneficial to the grieving victim’s family. But an unfair settlement can be devastating, especially if that same grief is used to victimize surviving family members. And don’t forget that when you accept a settlement you permanently give up your right to sue the defendant again if it turns out that more was justified. The settlement is all that you will ever collect so it’s important not to accept an offer unless it’s fair. And the only way to determine a fair settlement from an insurance company that wants to victimize you is with the assistance of an experienced fatal auto accident injury lawyer.

Insurance companies know that most families of accident victims are most likely bleeding cash due to all those unanticipated expenses arising from the fatal wreck. They have hefty medical, funeral, and other emergency expenses that need to be paid quickly. And if their loved one was also earning family income, their budget is suddenly much smaller and there’s little, if any, left over to pay these new, and very large, accident-related expenses.

An insurance company wants to entice you with just enough fast cash that might get you back to even. But what if that’s not the end of your financial distress? Settlements you accept from an insurance company before you have an experienced lawyer on your side never benefit your surviving family in the long run. Don’t let the defendant and their insurance company get away with paying you less than you deserve for your wrongful auto accident fatality claim. Reach out to our Law Firm quickly to learn what your case is really worth. Then you’ll know whether the defendant’s insurance company’s offer is truly fair.

If you have a bad feeling about how the insurance company appears to be handling your case, trust your instincts. You’re probably right. In spite of their protests to the contrary, insurance companies aren’t really in business to help people, but to make money. And the more creative they are in finding ways to deny legitimate claims, the more money they make. This is especially true with most insurers who aggressively market themselves as “minimum coverage” firms, who take in premiums but drag their feet when it’s time to pay a legitimate (and full) claim, although we have been able to deal fairly with a few of them. Regardless, it’s best for you to call a lawyer, sooner than later, if you have a bad feeling, or if any of these circumstances apply.

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With Stakes This High, You Need an Experienced Attorney to Defend Your Family’s Rights

Almost any lawsuit is more effective when it is argued by an experienced attorney, but a claim as serious as wrongful death can especially benefit from a lawyer’s assistance. If you experience any of the following after the accident, it is probably a harbinger that successfully winning legal damages through either an insurance claim or a civil lawsuit, may be much more difficult than you expect.

If the other driver doesn’t want to give you his insurance information, contact information, or file a police report, he or she is probably uninsured. Or the other driver might claim to be insured, but you’ve never heard of his insurance company. The negligent driver’s insurance company might quickly offer you a settlement that seems unreasonably low or unfair, or its adjuster keeps calling you to ask you questions, wants to record all of your answers, then tells you nothing.

Among the insurance company’s most effective tactics are bombarding you with questions and trying to badger you into signing a settlement agreement while you and your bereaved family members are still trying to recover from the shock over your loved one’s death (and before you’ve had the opportunity to consult with an attorney). It’s important that you never sign anything an insurance company puts in front of your without talking with an attorney first. You’re just asking for trouble if you do.

And, if you have a relative or friend who is a lawyer, even though he or she might be looking out for your best interests and is inspired to fight hard for you, it might be a good idea to reconsider retaining anyone who might have a difficult time emotionally disassociating him or herself from your emotional case. A pragmatic attorney best serves his clients when he focuses solely on the facts of a case and is cool under fire. Too much empathy is not always a good thing if it clouds one’s thinking.

What happens if that friend or relative attorney doesn’t win the case, or accepts a less-than-fair settlement because he knows how badly you need the money now, and leaves even more on the table than an experienced attorney would not? How will you feel about your friend or relative then?

When we take a case, we handle every aspect of it. Our Law Firm deals directly with the insurance company so that you won’t be bothered by their tricky and harassing tactics. We conduct a thorough investigation of the accident scene, determine which defendants were at fault, and know whether they have the ability to pay a reasonable claim. Then we file claims against everyone responsible. We calculate your damages and send a demand packet to the defendants. We aggressively negotiate with all liable defendants and their insurance companies to get the rightful settlement you and your family deserve from your loved one’s shocking and untimely fatal auto accident. But we’re also prepared to litigate your case to the end, and keep you informed of every development. We know your case is important to you. It’s important to us as well.

If you’d like to learn more about fatal car accident law, or you have questions about what we can do in your particular case, call our Law Firm to arrange a free consultation. We are available 24 hours a day, seven days a week to serve you. Our Texas fatal auto wreck lawyers understand why this is a most tragic time for you and your family. And we want to do everything it takes to make sure that you are fairly compensated for you and your family’s unnecessary and tragic loss; without the fiscal fear that only delays the healing process that you and your family deserve.

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March 26, 2020April 30, 2020 Frank PichenLeave a comment

legal No.3 – birth injury – gtg

Are You Aware of the Legal Ramifications and Signs of Common Birth Injuries?

All licensed medical professionals are subject to the Texas laws of medical malpractice and medical negligence. In Texas, medical malpractice is a general term describing any type of medical injury a patient sustains. Birth injuries are one of several types of medical malpractice. They cover injuries or negligent behavior toward both expectant mothers and their babies.

Birth injuries are usually caused by obstetricians, delivery teams, nurses, hospitals, and intake personnel, but may also include midwives and other birthing professionals.

Birth “defect” cases can affect an entire family. But those who are harmed the most are the mother and/or the child. Sometimes a single act may cause a birth injury and also harm the mother. This is one of a large list of reasons why birth injury cases are inherently complex and require highly experienced birth injury attorneys (along with an exemplary investigative team) to properly sort through medical records and all other forensic evidence to identify the negligent parties responsible for injuries sustained by mother and child: leading up to, including and after the birth.

Birth injury cases generally fall into two types. A doctor, nurse, or other medical professional fails to properly diagnose or provide adequate treatment to an expecting mother, fetus, or newborn baby, resulting in harm to the mother or child. The other occurs when a doctor, nurse, or other medical professional or health institution acts outside accepted professional treatment norms which, either negligently or recklessly, results in harm to the mother or child.

Within the first type of birth injury case are the harms suffered while a baby is in utero, such a maternal medication interactions or the failure to properly diagnose or treat injuries to the mother or child immediately after birth. Many birth injury cases affecting the mother usually fall into this category.

The second type of birth injury case usually surrounds injuries occurring at or around the time of birth: to include labor, delivery, or immediately following the child’s birth. Most birth injuries affecting the newborn fall into this type of case. It can include subsequent diagnoses of cerebral palsy, brachial plexus nerve injuries, shoulder dystocia, brain injuries, disfigurement, and other neurological, skeletal, or muscular injuries.

Often, birth injuries are suspected or identified by medical professionals at the time of birth, but this information is rarely shared with the new parents. Medical personnel fearfully wait to disclose this information usually out of embarrassment or the fear of a lawsuit. This withholding of vital information can delay a diagnosis until the child is old enough to indicate something is wrong when developmental challenges become more evident in the child: even if sometimes the injury heals itself.

A delay in diagnosis is like a ticking bomb – the earlier a diagnosis, the sooner a mother or child can undergo treatment and begin recovery. Delay of a diagnosis may be a sign of obstetrician (OB) medical malpractice or other birth professional medical malpractice.

Do you suspect a possible birth injury occurred during pregnancy, or labor, delivery, or the birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. Though these injuries are most-often preventable or more easily treated with timely diagnosis, when they occur, they can be life-altering (or life-threatening): not only for you, but your child and devastating to your entire family.

In many cases, the doctor responsible may have been a family friend or the aggrieved family was part of a small community and wasn’t comfortable pursuing a lawsuit – even if the family still needed and wanted answers and some level of compensation for their child’s injuries and resulting long-term care. We empathize with the struggles a family has when caught between the rock of community and the hard place of trying to make the best decision for their child. And under these circumstances, we agree with clients who prefer discretion as well as a quiet, firm resolve in securing rightful compensation in a dignified manner.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of legal options for you and your family. We view our clients as our extended family at our Texas Law Office. We empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Signs of Normal Birth Injuries to a Newborn

We at our Texas Law Office frequently hear the same questions from concerned parents time and again: how can we tell if there is a birth injury? How can we tell if our child’s injury is a normal injury or abnormal? How can we tell if these injuries are the result of medical malpractice?

Our answer: it’s very difficult to answer these questions without reviewing all the medical records, transcripts and witness accounts. Each birth is special and very different from other experiences. Babies are born with soft, flexible bones and travel through a tight birth canal. Minor injuries are to be expected in the birthing process, especially for vaginal birth deliveries.

We have put together a list of some common signs and symptoms for both normal and abnormal injuries that occur during pregnancy, labor, delivery, the birth, and after birth of the child.

Bruising – The birthing process will often result in minor swelling and bruising along the newborn’s scalp, forehead, nose and neck. If the baby is delivered in a breech position, bruising may occur on the baby’s hips, buttocks, and legs. Bruises usually clear up in a matter of days after birth. Bruises lasting longer than a week are a sign for concern. But an abnormal sign might be if the bruising is widespread or causes lumps or depressions in the skull. The newborn should be carefully monitored for several days until bruising recedes or other medical action is taken. Abnormal bruising can suggest birth injuries from instruments used to extract the newborn and may be a cause for medical malpractice.
Pink marks – These marks are usually referred to as “stork bites,” and are merely small clumps of dilated capillaries that form a small birthmark on the skin. Stork bites are usually present along the forehead, eyelids, and back of the neck. These birthmarks usually fade on their own as the infant grows older and are not a cause for concern.
Milia (small white cysts) – These may appear as tiny pimples across the nose, cheeks, and forehead of a newborn child. They are simply clogged sweat gland ducts. This condition clears up on its own in a few weeks.
Broken bones – newborns with broken collarbones (clavicle bone) are rare, but don’t usually suggest malpractice on the part of the delivery team. However, other broken bones, especially arms, legs, and shoulders, are a warning sign for future long-term birth injuries.

Signs of an Abnormal Pregnancy, Delivery or Possible Birth Injury Malpractice

During pregnancy, did your obstetrician (OB), birthing consultant, or another medical professional adequately track, treat, or warn you of developing or existing medical conditions and their effect on your child, including hypertension, preeclampsia, diabetes, prolonged nausea and vomiting leading to malnutrition, or other long-term, treatable maternal conditions?

Did your OBGYN, pregnancy caregiver not adequately track, treat, or warn you of any complications or dangers present in your pregnancy? Did they or did they not take steps to prevent harm to you and your child, including any medicine or drug side effects and their effect on your baby? This is often seen in patients who take medication (prescribed or otherwise) for depression, asthma, other conditions requiring prescription medication, other drugs, or general decreased bodily functions such as poor kidney function, weakened hearts and other conditions.

During labor, did the medical staff and delivery team at the hospital or birthing center delay hooking the birth mother up to fetal monitors. Or did the medical staff or delivery team disregarded data from the fetal monitors that may have shown fetal distress, or did that data reveal an abnormally high or low heart rate that went untreated?

Was an epidural inappropriately, negligently, or recklessly administered, resulting in harm to the mother or newborn child? Such form of injury to the child is often evident with decreased breathing at the time of birth, or failure of the lungs to inflate properly.

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Problems During Delivery That, if not Treated Properly, Might Suggest Malpractice

The baby may have been abnormally positioned. Abnormal positions cause a vaginal delivery to be difficult and dangerous, often leading to a birth injury to both the mother and child.

The baby might have been abnormally large and/or the birth canal was too small for the baby to pass through normally, yet the doctor performed a vaginal delivery anyway rather than the traditionally accepted delivery method of Cesarean section (C section). In cases where the baby is too large to pass through the canal, instrumentation and complicated maneuvers are used, often to the detriment of mother and child.

The doctor may have used instrumentation such as forceps, a pressurized vacuum, or other instrumentation that forcibly pulled the baby through the birth canal and risk significant injury to both the mother and child, often in the form of head or brain injuries or brachial plexus injury.

At the time of birth:

The baby shows symptoms of asphyxia (no oxygen in the blood): is pale in color, listless- weakly breathing or not breathing at all, and has a dangerously slow heart rate. The baby might also show symptoms of hypoxia (too little oxygen in the blood) and present with a bluish skin color, weak or no breath, slow heart rate.

The baby may have low APGAR scores, or the doctor does not perform APGAR scoring. These scores are often significant evidence of injury to the child. Scoring takes place one minute after birth; a score of less than 5 strongly indicates the baby needs medical attention. Scores less than 4, at later intervals could suggest long-term neurological damage and a heightened risk for cerebral palsy.

After the birth of the child:

The baby has no interest or little interest in feeding or exhibits problems with the instinctual feeding mechanics (suckling, grappling). The baby is lethargic, sluggish, or exhibits asymmetrical movements in the face, arms, or legs.

After the birth, the baby shows signs, symptoms, or is diagnosed with neurological seizures. Symptoms of newborn seizures include repetitive movements, prolonged or continuous sucking, drooling, or sticking the tongue out, rapid eye movements, long pauses in breathing, and rapid muscle jerks.

These are a few of the major warning signs that an injury may have occurred during pregnancy, or labor, childbirth, or after the birth of the child. This list is not conclusive, but a general overview of clues that might suggest birth defects: possibly as the result of malpractice. A full review of your specific situation is critical to determining whether a birth injury is due to medical malpractice or medical negligence.

Our advice to parents is to trust your instincts. If something doesn’t seem right with your child or the way the medical staff is treating you or your child, start asking questions. Request your medical records from your prenatal doctor and all records from the hospital or birthing center where the child was born. Regardless of what the staff or administrators at the birth hospital might tell you, seek a second medical opinion, preferably with a doctor who does not use the hospital where the birth took place.

If you are not satisfied by that second opinion, or if that second medical opinion confirms your suspicions of malpractice-related birth defects in your infant, then call the birth injury malpractice lawyers at our Texas Law Office and have our independent medical experts review everything you’ve collected. Our staff can begin asking questions and getting answers. We have more than twenty years of experience working with parents and families affected by medical malpractice. If nothing else, you and your family deserve answers.

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The Most Common Situations that Can Produce Malpractice-Related Birth Defects

During pregnancy, the two most typical birth injuries to mothers and fetuses can be traced to drug interactions or the failure of the prenatal doctor to monitor or treat existing conditions appropriately.

Teratogenic medicines are drugs given to mothers that are known to produce side effects in a developing fetus. First identified in Thalidomide during the 1950’s, these types of prescription drugs are sometimes administered to expectant mothers with little regard for their effects on the fetus, and can lead to significant detrimental effects on the baby: including improper organ development and altered blood or brain chemistry. Some medications have no known effects on developing babies. But many drugs are listed as teratogenic and it is the doctor’s responsibility to not prescribe them, or discontinue their use, or warn the mother of potential birth defects due to these medications. If the doctor or pharmacist fails in this responsibility, these medical professionals may be liable for resulting birth defects, birth injuries, and medical negligence.

Common drugs which should not be prescribed during pregnancy include: Albuterol, Singulair, Celexa, Lexapro, Effexor, Paxil, Prozac, Wellbutrin, Zoloft and Accutane. Common maternal medical conditions which require significant warnings or different treatment during pregnancy include asthma, diabetes, depression, stress and anxiety, most cancers, skin conditions, hypertension, heart disease, bacterial infections that require antibiotics, inflammatory bowel disease, and chronic nausea and vomiting during pregnancy aside from traditional morning sickness which usually disappears before the end of the mother’s first trimester.

If a pregnant mother has a pre-existing condition or was diagnosed with a particular condition during pregnancy, such as hypertension, preeclampsia, or diabetes, it is a doctor’s responsibility to ensure that resulting treatment will minimally affect the developing child. Failure to monitor either maternal condition or the developing fetus’ condition may lead to medical negligence for any resulting injuries, harms, or aggravated conditions to the baby.

It is vital that both expectant parents be proactive in these situations. If that doesn’t happen, at the time of birth, there are several possible serious physical injuries that may result from medical negligence or medical malpractice arising from mismanagement of teratogenic prescription drugs.

Birth injuries that occur to the mother during delivery are often recognizable and usually caused by ripping, tearing, and disfigurement as a result of the baby passing through the birth canal. On their own, these injuries are rarely a result of medical negligence; however, improper diagnosis or treatment of these injuries can have life-long effects and these effects are legally actionable.

Birth injuries to a newborn child are much less recognizable by new parents. These physical injuries can include nerve damage, broken bones, severe bruising, blood clots and hemorrhages, head and brain injuries, and significant neuroskeletal damage. These serious injuries can lead to a later diagnosis of cerebral palsy, Erb’s palsy, brain damage, retardation, developmental delays, and disfigurement – all of which may have been preventable.

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Birth Injury: Cerebral Palsy

Cerebral palsy (CP) is an umbrella term used to describe a group of conditions affecting the coordination of muscles, bodily movement, and posture. Cerebral palsy is often caused by a brain injury that typically occurs anytime beginning the second trimester of pregnancy through two years of age. Injuries leading to cerebral palsy are to a very specific area of the brain.

Signs of cerebral palsy generally occur by the first year of the child’s life, though there may be early hints of the condition beginning at the time of birth, including low APGAR scores, presence of seizures, and uneven or asymmetrical movements. All forms of cerebral palsy can be managed to some extent with continuous therapy. However, cerebral palsy is incurable.

There are four major types of cerebral palsy:
Spastic cerebral palsy, characterized by stiff, spasm-like movement.
Ataxic cerebral palsy, characterized by a lack of depth perception and lack of balance.
Dyskinetic cerebral palsy, characterized by a lack of control of bodily movements.
Mixed cerebral palsy, characterized by stiff, involuntary movements.
These types of cerebral palsy are correlated to the specific location of the brain that is injured during its development. This brain injury may have been caused by a number of factors. In about a third of the reported cases, this specific injury is sustained during the birth of the child. In many instances, the mistake or negligence of a doctor, obstetrician, nurse, or other medical professional may have caused the brain injuries resulting in cerebral palsy.

A diagnosis of cerebral palsy requires a lifetime of therapy, treatments, and accommodations for your child and your family. These costs can spiral into the hundreds of thousands of dollars, even for mild forms of CP. Few families can handle the costs associated with treatments, even those families with excellent health insurance. And many parents wonder whether their child’s CP was preventable.

The answer can be complex. A total review of your pregnancy, labor, delivery, and birth by an experienced birth injury malpractice attorney is essential to determine whether cerebral palsy could have been preventable and whether it can be attributed to medical malpractice. At the very minimum, your family deserves answers and options after a cerebral palsy diagnosis. Our birth injury attorneys and our medical-legal support team can help you to learn more about your family’s options after a cerebral palsy diagnosis, and help you receive the most appropriate damage compensation available to you.

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Birth Injury: Shoulder Dystocia & Brachial Plexus Injuries

Shoulder dystocia is a childbirth condition where one shoulder of the baby gets caught and stuck in the birth canal. This condition occurs in about 30% of vaginal deliveries and often involves serious, dangerous, risky maneuvers and techniques in order to free the shoulder and birth the baby completely.

Dystocia may be preventable in some instances by using ultrasound to determine whether the baby is at risk because of his or her size, or position or in mothers who have an unusually narrow birth canal. If an ultrasound shows any of these conditions, a C-section is the recommended method of delivery. If a doctor does not utilize an ultrasound or proceeds with a vaginal delivery, shoulder dystocia may be evidence of medical malpractice. But most of the time, there is usually evidence of a separate birth injury to the child in addition to the shoulder dystocia that will suggest medical malpractice.

Some of the birth injuries that may result from shoulder dystocia, will be to the shoulder itself or the surrounding bones, muscles, and nerves. Erb’s palsy, also referred to as brachial palsy, is a specific type of injury to a nerve bundle known as the brachial plexus. If this nerve bundle is injured during birth, the resulting injury is characterized by a loss of movement in the arm and shoulder with the affected nerves. In cases of Erb’s palsy, the nerve damage is caused by pulling the head away from the neck, a clear mistake on the part of the delivering doctor. Erb’s palsy is severe and has long-term effects. Often, this condition can be directly correlated to dystocia. The child will never operate that shoulder and arm normally, nor will muscles fully develop in that shoulder and arm, creating a certain amount of lifelong disability. Significant therapy, accommodations, and treatment may help the condition, but in many cases, these injuries and resulting conditions may have been preventable: and are caused by a doctor’s mistake or negligence.

Other injuries resulting from shoulder dystocia can include head and brain injuries. When the baby is stuck in the birth canal, the child rarely receives adequate oxygen to the brain. The longer the child goes without adequate oxygen, the more that infant is at risk for serious brain injury that will affect the child for his or her entire life. Fetal monitors will often show abnormally high heart rates when the baby is distressed or not receiving enough oxygen. If this continues for more than a minute or so, the fetal heart rate will quickly plummet, endangering the baby’s life. A situation where shoulder dystocia occurs and results in low APGAR scores, as well as a white or blue appearance and lack of or minimal breathing at birth, is a clear warning sign for serious brain and neurological injuries.

After a devastating diagnosis or risky delivery situation, you need answers and options following shoulder dystocia at the birth of your child. Our experienced birth defect attorneys can give you the answers and options your family needs as you choose your compensation strategy for medical bills, adaptive technology, and other immediate and long-term needs for your child. This will likely include long and costly physical therapy bills your family will incur as a result of a preventable Erb’s palsy, shoulder dystocia or brachial plexus injury. Our birth injury attorneys, investigators and medical experts stand ready to help you every step of the way.

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Head and Brain Injuries that May Occur During a Difficult Delivery

Head injuries are a typical occurrence in the birth and delivery process. Swelling and bruising of the scalp and forehead are common minor injuries, the direct result of traveling through a tight birth canal. Newborns may also exhibit a pointed head due to the soft cranial skull bone surrounding the brain. And even though most of the time, these conditions are temporary and return to normal within a few days of the birth, because the skull is soft and flexible, brain injuries are quite possible: sometimes with traumatic results.

Overzealous use of forceps, improper canal pressure, and the baby becoming stuck in the birth canal can lead to blood clots and hemorrhages in the brain, hypoxia (lack of oxygen) leading to brain damage, skull fractures, and other serious brain-related injuries. Though many of these injuries may be preventable, improper diagnosis or treatment of these injuries could have serious effects on the life and abilities of your child. Because of this, these injuries may be a form of birth injury medical malpractice.

One of the most common symptoms of brain injury is asymmetrical (uneven) body movement in your newborn child. Mothers will notice that one side of the face or the body does not respond or match the movements of the other side. This is described as a droopy smile or uncontrolled reflex movements rather than symmetrical (even and coordinated) body or facial movements. The affected side may be more sluggish to respond or does not respond at all in many forms of brain injuries. Correct and timely diagnoses are important while the child is developing so that treatments and therapies can begin as early as possible: which will hopefully minimize any effects from the brain injury.

If your child exhibits any or all of these types of injuries, or you suspect your child may have several characteristics of any of these symptoms of possible birth injury, contact our Texas birth injury attorneys and medical-legal team immediately. Our Law Firm retains highly-skilled medical experts to determine whether a doctor, nurse, or medical professional was a fault for these injuries and resulting conditions. If this is so, your family and your child are entitled to legal compensation for these injuries and you need to contact us as soon as possible to discuss your situation or birth injury case with our specialized attorneys.

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The Difficulty of Determining if Birth Injury Has Occurred and Identifying the Liable Defendants

Because birth injury cases are legally complex, a highly experienced birth injury attorney, a medical malpractice lawyer, birth injury medical experts, and a full support team are essential to your case’s success. This team works together with one goal in mind: to provide your family with answers and a full array of effective options for the injuries you, your child, and your family have sustained: and must endure every day.

Birth injury cases are classified as medical malpractice and medical negligence. This means that birth injury legal cases have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments, or actions. In addition, nurses, pharmacists, hospitals, clinics, and anyone else working in a health-related capacity who might have been negligent in the care of the mother or child, and if their negligence resulted in an injury to you or your child might also be liable. However, determining who held the “smoking gun” requires expert legal investigators, doctors and medical professionals to identify with certainty, just whose negligence led to this disaster.

As you can imagine, assessing negligence can be very difficult, and just as tough to prove. The medical community is very reluctant to point fingers and declare anyone liable for their actions. The medical community also likes to hide behind its science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm.

It’s also difficult to prove what happened during the pregnancy, labor, and birth of the child. But our medical experts are very gifted at reviewing and interpreting medical records of the mother and child as well as any notes, admissions, or statements made by medical staff or delivery team: whether they’re formal (on-the-record) or informal (off-the-record). The longer a doctor or medical professional waits to diagnose an injury or determine its extent which led to the harm done, the less likely that the evidence of malpractice will exist. This is why it’s so very important to retain an attorney who specializes in birth injury malpractice as soon as possible. Parents and their legal investigative team must act quickly to preserve as much evidence as possible. Proactive measures such as pregnancy journals are a great way to refresh your memory about the nine months prior to the birth of the child. Plus, such journals also serve as a record of what is usually a very memorable time in the lives of both parents and their child: once he or she is old enough to appreciate the experience.

Here’s why: as soon as questions are asked about your pregnancy, the labor stage, the delivery and birth of your child, medical professionals overreact and alert their insurance companies to a possible future lawsuit, even if nothing was inappropriate or wrong. Then the medical malpractice insurance company launches its own investigation, gathering all evidence, from the tiniest details to the largest actions – all with a single goal: to show that any injuries or resulting harms sustained by you or your child were NOT the result of medical malpractice or medical negligence by any medical professional involved at any point through your pregnancy, labor, or delivery.

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Medical Malpractice Insurers, and the Doctors they Cover, Work against Your Claim or Case from the Moment They Know Something is Wrong

Here’s why: as soon as questions are asked about your pregnancy, the labor stage, the delivery and birth of your child, medical professionals immediately alert their insurance companies of a possible future lawsuit, even if nothing was inappropriate or wrong. Then the insurance company launches its own investigation, gathering all evidence, from minute details to the largest actions – all with a single goal: to show that any injuries or resulting harms sustained by you or your child were NOT the result of medical malpractice or medical negligence by any medical professional involved at any point through your pregnancy, labor, or delivery.

Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause a doctor to lose his medical license and causes the insurance company to lose the money that doctor paid for his or her premiums. So the insurance company – and the excellent defense attorneys who represent them – twists the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family as a result of birth injury medical malpractice.

But that’s just one series of challenges. The other surrounds the fact that Texas has enacted tort reform measures that make medical malpractice cases harder to prove. But even if you and your birth injury attorney prove your case, your monetary recovery amounts are capped: in most cases at $250,000 from any single malpractice defendant, no matter whether a jury believes the amount should be much higher based on the facts of your case. Regardless of whether the court believes you and your family deserve compensation for pain and suffering, disfigurement of you or your child, or emotional turmoil brought on in your family as a result of these injuries, the state decides how much you will receive: not the jury.

However, this is where investigation can come in handy. As often as not, medical malpractice can be the product of several instances of negligence by more than one healthcare professional. So if – for example – our investigation reveals four liable defendants, each might be forced to pay the full capped amount ($250,000) which produces a total damage recovery of $1 million.

This is why you must have an experienced and shrewd birth injury malpractice attorney who can properly investigate, then prove your case against a powerful partnership of medical professionals and their insurance company following a preventable birth injury brought on by medical malpractice.

Our Texas birth injury attorneys and medical support team pride themselves on providing a variety of options for you and your family. Our clients are family at our Texas Law Office and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Birth Injury Attorney. Our lead attorney Discusses Brain Injuries that Occur During Labor

It is possible that during a difficult delivery that your child could have suffered a traumatic brain injury due to the negligence of a medical professional. If this has happened to you, Texas law allows you the right to seek compensation for damages incurred through an insurance claim or possibly a civil lawsuit if your claim is denied. The attorneys of our Law Firm are here to help your family receive the justice they deserve.

It is not unusual for a birth injury to be suspected or even identified by medical professionals at the time of birth. But sometimes these medical professionals will keep that fact to themselves and not share this news with the parents. We find this negligence in diagnosing this condition is often due to embarrassment or a genuine fear of a lawsuit. But withholding of vital information can delay a diagnosis until the child is old enough to indicate something is wrong, when developmental challenges become more evident in the child: even if sometimes, the injury heals itself.

A delay in diagnosis can be a ticking bomb that brings greater harm simply because the earlier the diagnosis, the earlier a mother or child can undergo treatment and begin recovery. Delay of a diagnosis may be a sign of obstetrician (OB) medical malpractice or other birth professional medical malpractice.

Do you suspect a possible birth injury occurred during labor, delivery, or birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. Though these injuries are most-often preventable or more easily treated with timely diagnosis, when they occur, they can be life-altering, or life-threatening, not only for your child but devastate an entire family.

Our birth injury attorneys and medical support team pride themselves on providing a variety of options for you and your family. One will certainly be comfortable, and appropriate for you to pursue. It is in that spirit that we share this valuable information about birthing brain injuries so you and your family can make the best, most informed decisions on how to handle your medical malpractice civil action and deliver the rightful damage compensation that will pay for the medical care you and your family need, and discourage repeated behavior by the medical professionals who caused this catastrophe.

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Several Different Types of Brain Injuries can Occur at Birth

Brain injuries at birth range from minor to severe; each carrying its own characteristics and consequences. The birthing process is inherently traumatic. And every woman’s ability to physically conduct a normal vaginal birth is different. During birth, babies are pushed via uterine and lower abdominal contractions through a tight birth canal. Complications can arise quickly and without much warning.

Most often, these difficult “normal births” are due to either an even smaller than normal birthing canal, or opening in the lower “saddle” of the mother’s pelvis which makes it difficult to impossible for the baby’s head to pass through. Women often refer to it as trying to “push a basketball through a garden hose.” Newborns often exhibit facial and cranial bruising from the travel through the birth canal, their heads slightly pointed due to soft, flexible skull and bone structure. And the proper thing to do is for the delivery team to perform a Caesarean section (C-section).

Because the skull is not hard and calcified, many types of brain injuries are easily incurred – some with greater consequence. Most of them can be avoided. Some of these occurrences are just a sad and statistically likely event and “just happen” in spite of the best efforts of the obstetrician and the delivery team. However, many brain injuries are the direct result of negligence on behalf of the doctors and support staff that help deliver the child. When such an event has occurred the parents of the child have every legal right to seek compensation on behalf of their child in order to compensate the child for his or her injuries (and the family who must pay for any and all subsequent treatment). Even minor mistakes in the delivery room can result in millions of dollars in extra healthcare, loss of earning potential throughout the life of the child and in extreme cases, debilitating, life-long physical and mental defects.

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Birth Injury: Skull Compression

Because the skull of a newborn is soft specifically so it can pass through the mother’s pelvis and birth canal, compression of the bony structure into the brain matter often occurs. And an infant’s skull seems magically capable of being able to compensate for a short period of physical pressure on the brain and recover: call it the magic of birth. But if that pressure lasts for longer than a minute or two, this extended pressure on the brain can disrupt the child’s development, resulting in retardation, changes in head muscle structure and performance, changes in neural and sensory development, changes in speech and vision, and disruption of the circulatory system. One or more of these conditions can become present in an infant as a result of a long period of cranial compression due to a complicated birth. And this compression of the baby’s skull can lead to many different forms of birth-related brain injuries, including:

Caput Succedaneum – This is a medical term for what is essentially a bump on the head. These often take the form of large knots on the scalp of the newborn, but rarely have much effect than to provide the newborn a pounding headache. Typically these bruises are observed, but often treat themselves within a day or two of birth. Rare is the case when this condition can leave the child with major injuries.

Cephalohematomas are small blood clots between the skill and the scalp of a newborn baby. These clots are usually brought on by a prolonged labor or by use of a vacuum to pull the newborn’s head through the birth canal. Cephalohematomas are typically not too worrisome either. But in severe cases, they may lead to jaundice, anemia, or hypotension, or may be indicative of a skull fracture and resulting infection. And any infection in a newborn can quickly become a Petri dish of other secondary infections that, if improperly treated, can threaten the baby’s life, or lifelong well-being.

Did You Know?
Our attorneys have been fighting for birth injury victims` rights for over 30 years. Call us to discuss your case.

Birthing injuries like the ones above are not all that unusual. And since they are easily recognizable by the parents, the OB/Gyn or delivery team members are more apt to be up-front in sharing diagnosis sooner than later since most of them clear-up rather quickly or can be normally treated, with the odds of secondary problems being very low. But the three below are a bit more sinister and most often, the source of many of the delivery brain injuries suffered by newborns.

Subgaleal Hemorrhage/ Hematoma are two terms that refer to bleeding between the scalp and skull. Typically, subgaleal hemorrhages develop two-to-three days after the birth: but if the condition is severe, symptoms may become evident much sooner. Because this space can hold up to 50% of a newborn’s blood supply, medical personnel must carefully observe the growth of the hematoma across the scalp. And failure to properly monitor or treat this condition early can lead to shock or the sudden death of the newborn. Additionally, this affliction can also lead to hyperbilirubinemia, a condition associated with significant brain injury, retardation, and potential death of the newborn. Though existence of the hemorrhage itself is not a legally actionable birth injury, failure to treat it (and any resulting detrimental conditions due to that failure) is.

Epidural Hemorrhage/ Hematoma is a very serious form of traumatic brain injury. These hematomas occur between the skull and brain matter, putting growing pressure on a portion of the brain. This condition as the potential to permanently damage the functions that area of the brain controls. These hematomas are often due to blunt impact on a portion of the brain, but can be also fueled by intracranial bleeding. Often, newborns will have a lucid interval for a day or so after birth as the blood slowly seeps into the brain, creating pressure that builds against the skull, then reverse-pressures the newborn’s brain, quickly rendering them unconscious. This type of severe brain injury most often directly points to medical negligence in many cases as the level of trauma required for an epidural hematoma is higher than most typical birth injuries.

Hydrocephalus was once referred to as “water on the brain.” It is is the accumulation of spinal fluid between the skull and the brain. Signs of hydrocephalus include an abnormally large head or rapidly growing head, a rounded soft spot on the scalp, eyes that look downward, and seizures that can be as small as barely-perceptible shudders to all-too-apparent uncontrollable shaking. The treatment for hydrocephalus is simply to surgically remove excess fluid and insert a small shunt in the skull to help regulate cranial pressure.

Though hydrocephalus itself is not a birth brain injury, again, the key to preventing resulting injury from cranial pressure, the buildup of fluid, or infection is early detection and quick treatment. A doctor, pediatrician, or obstetrician who fails to notice these symptoms (or fails to take timely action on these symptoms) risks serious consequences for the child, including development delays, organ system problems and failure, and paralysis. These injuries are clearly viewed as birth injuries and if your child’s doctor was negligent in diagnosing, treating or monitoring this condition, it is often medical negligence.

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Birth Injury: Hypoxic-Ischemic Encephalopathy

(HIE) is also called Hypoxia or decreased oxygen in the blood. The blood carries oxygen to all cells and organs. Some also refer to it as ischemia, which means decreased blood flow through the baby’s circulatory system. However it is referred to, this condition can result in severe consequences – most of which are preventable. HIE means that during pregnancy, labor, delivery, or birth, the baby did not receive enough blood or oxygen to the brain, resulting in significant injury. During labor and delivery, the proper use and monitoring of fetal monitors are essential to determining the general health and state of the baby prior to and during delivery. These monitors keep track of the baby’s heart rate and temperature – if the baby’s heart rate or temperature takes a sudden sustained jump, the baby is in distress and emergency action must be taken.

In many cases of HIE, fetal monitors are not utilized, not monitored properly or completely disregarded: a clear form of medical negligence. The resulting injuries to the child can be catastrophic. Without enough blood or oxygen to the brain over an extended period (which can be as short as a few minutes, the risks of retardation, epilepsy, learning disabilities, cerebral palsy, seizures, and other lifetime brain and neurological conditions grow exponentially. These permanent injuries occur to approximately 30% of newborns diagnosed with HIE and an additional 30% even face death before birth because of continued lack of oxygen. HIE is often diagnosed twelve to twenty-four hours after birth, usually at the onset of uncontrollable seizures. But the birthing team might begin to see signs of HIE within a few hours of the birth. HIE Babies are often referred to as “blue babies” or “ischemic”. And if normal color doesn’t begin returning to the newborn almost immediately, this should be a clear warning sign for mothers, fathers, and medical personnel that something has gone wrong during the birthing process.

If any of the above serious conditions occurred during or shortly after the birth of your newborn, you need to ask questions: hard questions. And if the answers don’t satisfy you, for the sake of your child and family, contact an experienced birth injury attorney quickly. The health and well-being of your infant child is at-stake: maybe even at-risk.

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Birth Injury: Cerebral Palsy

The causes of this condition can be traced to Hematomas, Hydrocephalus or HIE. Cerebral palsy (CP) is an umbrella term used to describe a group of conditions affecting the coordination of muscles, bodily movement, and posture. Cerebral palsy is often caused by a brain injury that typically occurs anytime beginning the second trimester of pregnancy through two years of age. Injuries leading to cerebral palsy are to a very specific area of the brain.

Signs of cerebral palsy generally occur by the first year of the child’s life, though in more acute cases, they can reveal themselves within days of the birth. The first hint might include low APGAR scores (Appearance, Pulse, Grimace, Activity, Respiration), presence of seizures, and uneven or asymmetrical movements. All forms of cerebral palsy can be managed to some extent with continuous therapy. But others can be catastrophic and come with few treatment options (but years of continuous and expensive therapy). But today, in all cases, cerebral palsy is incurable.

There are four major types of cerebral palsy:

Spastic cerebral palsy, characterized by stiff, spasm-like movement.
Ataxic cerebral palsy, characterized by a lack of depth perception and lack of balance.
Dyskinetic cerebral palsy, characterized by a lack of control of bodily movements.
Mixed cerebral palsy, characterized by stiff, involuntary movements.
These types of cerebral palsy are correlated to the specific location of the brain that is injured during its development. This brain injury may have been caused by a number of factors. In about a third of the reported cases, this specific injury is sustained during the birth of the child. In many instances, the mistake or negligence of a doctor, obstetrician, nurse, or other medical professional may have caused the brain injuries resulting in cerebral palsy.

A diagnosis of cerebral palsy requires perpetual therapy, treatments and accommodations for your child and your family. And it’s a life sentence for all of you. These costs can spiral into the hundreds of thousands of dollars, even for mild forms of CP. Few families can handle the costs associated with treatments, even those families with excellent health insurance. And many parents wonder whether their child’s CP was preventable.

The answer can be complex. A total review of your pregnancy, labor, delivery, and birth by an experienced birth injury malpractice lawyer is essential to determine whether cerebral palsy could have been preventable and whether it can be attributed to medical malpractice. At the very least, your family deserves answers and if appropriate, legal and options after a disastrous cerebral palsy diagnosis. Our Law Firms’ birth injury attorneys and our medical investigative and support team can help you to learn more about your family’s options after a cerebral palsy diagnosis, and help you receive the most appropriate damage compensation available to you.

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Some Reasons Why Head and Brain Injuries May Occur During a Difficult Delivery

Overzealous use of forceps, improper canal pressure, and the baby becoming stuck in the birth canal can lead to blood clots and hemorrhages in the brain, hypoxia that remains after the birth can lead to brain damage. Skull fractures and other serious brain-related injuries can often occur. Though many of these injuries may be preventable, improper diagnosis or treatment of these injuries could have serious effects on the life and abilities of your child. Because of this, these injuries are often seen as a form of birth injury medical malpractice.

And yet, it is also possible that the injury could be the result of defective monitoring devices or other sophisticated equipment used to make birth’s easier to perform or less-dangerous to the mother and newborn-to-be. If our investigators find this to be the case, then there’s the likelihood of filing a defective product lawsuit against the manufacturer of the machinery. Or if it was improperly maintained, the provider who sells and services the apparatus could become a defendant: even the hospital.

Our Law Firm has deep experience in executing successful defective product insurance claims and civil cases over the past 30 years.

If your child exhibits any or all of these types of injuries, or you suspect your child may have several characteristics of any of these symptoms of possible birth injury, contact our birth injury attorneys and medical investigative team immediately. Our Law Firm retains highly-skilled medical experts to determine whether a doctor, nurse, or some other healthcare professional was a fault for these injuries and resulting conditions. If this is so, your family and your child are entitled to legal compensation for these injuries and you need to contact us as soon as possible to discuss this with our specialized attorneys.

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The Difficulty of Determining if Birth Injury Has Occurred and Identifying the Liable Defendants

Because birth injury cases are legally complex, a highly experienced medical malpractice lawyer, birth injury medical experts, and a full support team are essential to your insurance claim or civil case’s success. This team works together with one goal in mind: to provide your family with answers and a full array of effective options for the injuries you, your child, and your family have sustained: and will likely have to endure every day from now on.

Birth injury cases are classified as medical malpractice and medical negligence. This means that birth injury legal cases have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments, or actions. In addition, nurses, pharmacists, hospitals, clinics, and anyone else who works in a health-related capacity may have been negligent in the care of the mother or child. However, determining who held the “smoking gun” requires expert legal investigators, doctors and medical professionals to clearly identify exactly whose negligence led to this disaster.

As you can imagine, assessing medical negligence can be very difficult, and just as tough to prove. The medical community is very reluctant to point fingers and declare anyone liable for their actions. It also likes to hide behind the “mysteries” of its science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm.

They also claim the difficulty in proving with any certainty, what happened during the birth of the child. But our experienced medical experts and investigators are very gifted at reviewing and interpreting medical records of the mother and child as well as any notes, admissions, or statements made by medical staff or delivery team: whether they’re formal (on-the-record) or informal (off-the-record). The longer a doctor or medical professional waits to diagnose an injury or determine its extent which led to the harm done, the less likely that the evidence of malpractice will exist. This is why it’s so very important to retain an attorney who specializes in birth injury malpractice as soon as possible! Parents and their legal investigative team must act quickly to locate and preserve as much of the evidence as they can; even that which might have been hidden. Proactive measures such as pregnancy journals are a great way to refresh your memory about the nine months prior to the birth of the child. Plus, such journals also serve as a record of what is usually a very memorable time in the lives of both parents and their child: once he or she is old enough to appreciate the experience.

Here’s why: as soon as questions are asked about the delivery and birth of your child, medical professionals overreact and alert their insurance companies to a possible future lawsuit, regardless of whether such a claim is ultimately filed or not. Then the medical malpractice insurance company launches its own investigation, gathering all evidence, from the tiniest details to the largest actions – all with a single goal: to hopefully show that any injuries or resulting harms sustained by you or your child were NOT the result of medical malpractice or medical negligence by any medical professional involved in your labor or delivery.

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Medical Malpractice Insurers, and the Doctors they Cover, Work against Your Claim or Case from the Moment They Know Something is Wrong

Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause this person to lose his or her medical license and causes the insurance company to lose the money that the doctor paid for their premiums. So the insurance company – and the excellent defense attorneys who represent them – twist the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family if they must pay a claim or civil judgment from a birth injury medical malpractice civil offense.

But that’s just one series of challenges. The other surrounds the fact that Texas has recently enacted tort reform measures that make medical malpractice cases harder to prove. But even if you and your birth injury attorney prove your case, your monetary recovery amounts are capped: in most cases at $250,000 from any single malpractice defendant, no matter whether a jury believes the amount should be much higher based on the facts of your case. Regardless of whether the court believes you and your family deserve compensation for pain and suffering, disfigurement of you or your child, or emotional turmoil brought on in your family as a result of these injuries, the state decides how much you will receive: not the jury.

However, this is where investigations can come in handy. As often as not, medical malpractice can be the product of several instances of negligence by more than one healthcare professional. So if – for example – our investigation reveals four liable defendants, each might be forced to pay the full capped amount ($250,000) which produces a total damage recovery of $1 million. But FYI – in a defective product lawsuit, there are no damage caps in Texas.

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The Best Weapon in your Fight for Birth Injury Malpractice Compensation is an Experienced Attorney

Since tort reform was enacted, there is a smaller pool of law firms that are willing to take on plaintiff malpractice cases. But our Law Firm believes that all victims deserve the right to recover legal damages, and need the right assistance, to seek and win fair damage compensation for any negligent medical malpractice.

Once our Law Firm is on the case, we will:

Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your child’s birth injury malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert witnesses to assist in the investigation and testify on your behalf.
Deal with all communications with all involved parties, compose, receive, and manage all correspondence. We take care of ALL the paperwork and every contact.
Clearly prove all liability and damages to help you win the best and fairest compensation amount on behalf of your child and family.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best malpractice case possible for you in court if a trial is necessary and compute a fair and representative damage request.
If your child was born hypoxic or ischemic, or was diagnosed with HIE, call our Law Firm to speak to our attorneys today

The attorneys at our Texas Law Office have over 30 years of experience with every type of medical malpractice case. We have an intimate knowledge of the changes enacted by the tort reform. All of our attorneys know how to secure expert witnesses and present your case in such a way that all the relevant conditions for success are met. In other words, we can ensure that the true extent of your child’s injuries is known, and we can convince a jury that your newborn was the victim of medical malpractice or medical negligence.

We have a successful track record in successfully negotiating and litigating hundreds of malpractice cases. All malpractice liability insurance companies know how successful we are at constructing bulletproof civil claims. Often, once they know we’re on the case, they usually offer our clients a favorable settlement without even taking a case to court, which means we can help you get back on your feet even quicker.

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March 26, 2020April 30, 2020 Frank PichenLeave a comment

legal No.2 3/26/2020 medical – gtg

Our attorneys Discuss the Birth Injuries Brachial Plexus, Shoulder Dystocia, and Erb’s Palsy

Birth Injuries are a serious medical concern and are these days are becoming all too common. The human birthing process comes with many potential hazards and something as simple as an impatient or overworked obstetrician or delivery team that rushes the procedure can have lifelong and detrimental effects on the child.

When such an event causes a serious injury, Texas laws allow the family of the child to seek financial compensation from the medical professionals responsible for these devastating injuries. Brachial Plexus, Erb’s Palsy, and Shoulder Dystocia are a particular subset of birth injuries that are generally the result of excessive force being put on the child’s body during the actual birthing process. All can cause significant injuries to sensitive nervous and muscle tissue that can range from nominal physical impairment to serious inability to coordinate movements in arms, the neck, and even facial muscles.

All licensed medical professionals are subject to the Texas laws of medical malpractice and medical negligence. In Texas, medical malpractice is a general category that describes any type of medical injury a patient sustains. Birth injuries are one of several types of medical malpractice. They cover injuries or negligent behavior toward both expectant mothers as well as their babies. Birth injuries are usually caused by obstetricians, delivery teams, nurses, hospitals, and intake personnel, but may also include midwives and other birthing professionals.

Birth “defect” cases almost always affect an entire family. But those who are harmed the most are the mother and/or the child. Sometimes a single act may cause a birth injury and also harm the mother. This is one of a large list of reasons why birth injury cases are inherently complex and require highly experienced birth injury attorneys (along with their excellent investigative teams) to properly sort through medical records and all other evidence surrounding the birth (and prenatal care) to identify the negligent parties responsible for injuries sustained by mother and child: leading up to, including and after the birth.

The type of birth injury cases this web page addresses usually surround injuries occurring to the infant at or around the time of birth: to include labor, delivery, or immediately following the child’s birth: most specifically the subsequent diagnoses of Erb’s Palsy brachial plexus and other nerve injuries, shoulder dystocia, and other neurological, skeletal, or muscular injuries that are the result of improper birthing techniques in the delivery room

Often, these types of birth injuries are suspected or identified by medical professionals at the time of birth, but this information is not always shared with the new parents at the time of detection. Medical personnel can fearfully wait to disclose this information usually out of embarrassment or the fear of a lawsuit. This withholding of vital information can delay a diagnosis until the child is old enough to indicate something is wrong when developmental challenges become more evident in the child: even if sometimes the injury can heal itself

Do you suspect a possible birth injury occurred during labor, delivery, or birth of your child? In many instances, birth injuries are preventable and are caused by the negligence of your doctor or delivery team. And though these injuries are most-often preventable or more easily treated with timely diagnosis, if left untreated, or without timely treatment, they can be life-altering for you, your child, and devastate your entire family.

Our Law Firm has seen many cases where the afflicted family did not want to sue or litigate against their doctor. Not wanting to litigate a claim did not mean that the family didn’t seek compensation – they preferred a mediated settlement and apologies with the parties responsible for the birth injuries and cerebral palsy. Our Texas birth injury attorneys and medical investigative team prides themselves on providing a variety of options for you and your family. At our Texas Law Office we empathize with the struggles your family must deal with in the wake of medical malpractice that may have been performed on the mother or the child. Contact us for a free consultation. Find out how we can help you and your family win your legal rights and the compensation that will not only compensate you, but also make certain this doesn’t happen to some other unsuspecting mother and her innocent child.

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Brachial Plexus/Shoulder Dystocia Injuries Universally Occur at the Time of Delivery

The brachial plexus is a network of nerves that sends signals from the spinal cord to the shoulder, arm, and hand. Obstetric injuries may occur from mechanical injury involving shoulder dystocia during difficult childbirth when the nerves of the plexus are violently stretched and can lead to dislocation of the shoulder joint. This condition occurs during a particularly difficult or arduous labor and delivery and can manifest itself into several subtly different types dystocia due to many different causes such as abnormal positioning of the baby in the womb during delivery or abnormally large babies or relatively small birth canals; as well as unusual activity in the uterus or womb during delivery.

Dystocia occurs in about 30% of childbirths. In many cases, dystocia requires an “assisted delivery,” either with the use of forceps or with an emergency cesarean-section (c-section), rather than a standard vaginal delivery. No matter the birthing method, serious birth injuries can result, usually affecting this brachial plexus nerve bundle, and damages to these nerves can result in long-term, permanent disability – despite the fact that these injuries are very often entirely preventable by the birthing specialist or team members.

During a difficult birth, a baby’s shoulder may be caught in the birth canal. This often occurs due to the size of the child or birth canal or to abnormal positioning of the baby. Once the shoulder is stuck, the delivery quickly becomes dangerous. The baby is stuck and the pressure of the birth canal puts significant pressure on the umbilical cord, head, and neck, and can result in serious brain injury due to hypoxia. An obstetrician must quickly act, or risk serious brain injury to the infant. In this action, an OB must readjust the baby to get it through the birth canal safely, if possible and if it can be done quickly. This readjustment has its own risks, namely to the brachial plexus nerve bundle in the baby’s shoulder. If the doctor pulls the head and neck away from the stuck shoulder, the brachial plexus nerves are stretched, bruised, torn, or are severed, depending on the amount of force the doctor must use, either with forceps or via c-section because, during the latter procedure, the delivery doctor is literally pulling the baby in the opposite direction of the force of the birth in order to free the baby from its physical duress. Often this occurs with an inexperienced, tired, or otherwise negligent doctor.

Dystocia may be preventable in some instances by using ultrasound to determine whether the baby is at risk because of his or her size, or position within the uterus or the cervix area that connects to the upper vagina. This danger can be connected to a mother’s unusually narrow birth canal. If an ultrasound shows any of these conditions, a C-section is the recommended method of delivery and a traditional vaginal delivery option is immediately discarded. If a doctor does not utilize an ultrasound or proceeds with a vaginal delivery out-of-hand, shoulder dystocia may be evidence of medical malpractice. But most of the time, there is might be evidence of a separate birth injury to the child in addition to the shoulder dystocia that will usually suggest some sort of medical malpractice during the birth.

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Erb’s Palsy is Usually the Ultimate Diagnosis After Delivery Room Brachial Plexus/Shoulder Dystocia Injuries to an Infant

Erb’s palsy, also referred to as brachial palsy, is a specific type of injury to a nerve bundle known as the brachial plexus. If this nerve bundle is injured during birth, the resulting injury is characterized by a loss of movement in the arm and shoulder with the affected nerves. In cases of Erb’s palsy, the nerve damage is caused by pulling the head away from the neck, a clear mistake on the part of the delivering doctor. Erb’s palsy is severe and has long-term effects. Often, this condition can be directly correlated to dystocia.

This injury is characterized by a significant weakness or loss of movement in the affected arm and shoulder. Because the arm moves minimally, the muscle atrophies, further reducing the strength of the arm and shoulder. With all muscles, the “use it or lose it” rule certainly applies. Newborns with Erb’s Palsy often lack spontaneous movement in the affected arm or shoulder. They often lack the ability to grip anything in the affected hand, and often hold the affected arm tightly to the side flexed in a ninety-degree angle. Observant and diligent medical personnel should notice these symptoms immediately.

The child will never operate that shoulder and arm normally, nor will muscles fully develop in that shoulder and arm, creating a certain amount of lifelong disability. Significant therapy, accommodations, and treatment may ease many symptoms if the injury is not too severe. But in many cases, these injuries and resulting conditions may have been preventable: and are caused by a doctor’s mistake or negligence. And it’s why you and your family will greatly benefit from the services of a Texas/ Texas birth injury medical malpractice attorney.

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It is a Challenge to Determine if Birth Injury Has Occurred and to Identify the Liable Defendants

Birth injury cases are very complex and usually involve much more sophisticated investigations and strategies to successfully execute. A highly experienced Texas birth injury lawyer, birth injury medical experts, and a full support team are essential to your insurance claim or civil case’s success. This team works together to provide your family with answers and a full range of effective options for the injuries you, your child, and your family have suffered and must endure daily.

Birth injury cases are classified as medical malpractice and medical negligence and have many procedural nuances that your legal team must successfully negotiate, or the court could dismiss your case forever. In a birth injury case, your attorney must show that a doctor was negligent in the diagnosis, treatments arising from that incorrect diagnosis, or other actions. In addition, anyone else who is working in a health-related capacity might have been negligent in the care of the mother or child, and if their negligence resulted in an injury to you or your child might also be liable. Conceivably, even hospital administrators can also be liable, depending on the circumstances. However, determining who was the “proximate cause” of your infant’s birth injury requires expert legal investigators, doctors and medical professionals in your corner to identify with certainty, just whose negligence led to this disaster.

Assessing this negligence can be very difficult, and just as tough to prove. The medical community is very reluctant to point fingers and declare anyone liable for their actions. They circle the wagons and often hide behind its science, declaring there is no definitive answer to prove a doctor or some other healthcare professional caused injury or harm.

It’s also difficult to prove what happened during the labor, and birth of your child. But our medical experts are very experienced at reviewing and interpreting medical records of the mother and child as well as any notes, admissions, or statements made by medical staff or delivery team: whether they’re formal (on-the-record) or informal (off-the-record). The longer a doctor or medical professional waits to diagnose an injury or determine its extent which led to the harm done, the less likely that the evidence of malpractice will exist. And it is a criminal violation to alter medical records. This is why it’s so very important to retain an attorney who specializes in birth injury malpractice as soon as possible. Parents, their attorney, and the legal investigative team must act quickly to preserve as much evidence as possible.

Our Texas birth injury attorneys and medical investigative team prides themselves on providing a variety of options for you and your family. At our Texas Law Office we empathize with the struggles your family must deal with in the wake of medical malpractice that may have been performed on the mother or the child. Contact us for a free consultation. Find out how we can help you and your family win your legal rights and the compensation that will not only compensate you, but also make certain this doesn’t happen to some other unsuspecting mother and her innocent child.

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Medical Malpractice Insurers, and the rest of the Medical Industrial Complex Work against Your Claim or Case from the Moment They Know Something is Wrong

Here’s why – as soon as questions are asked about the delivery and birth of your child, medical professionals immediately alert their insurance companies of a possible future lawsuit, even if nothing was inappropriate or wrong. Then the insurance company launches its own investigation, gathering all evidence with a single goal: to show that any injuries or resulting harms sustained by you or your child during the delivery were NOT the result of medical malpractice or medical negligence by any healthcare professional who was involved at any point of your pregnancy, labor, or delivery.

Medical malpractice insurance companies take in millions of dollars each year to protect doctors from mistakes, negligence, and recklessness. A single error on the part of the doctor may cause a doctor to lose his medical license and causes the insurance company to lose the money that the doctor paid for his or her premiums. So the insurance company – and the excellent defense attorneys who represent them – twist the facts to suit their purposes as they build a case against you with one goal: to not pay you a single dime for any medical bills, adaptive equipment, physical therapy, and other basic needs for your child, and your family as a result of birth injury medical malpractice.

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Experience Matters in a Birth Injury Case

Generally, in any Texas personal injury civil lawsuit, the statute of limitations for filing a case is two years. But there are a few exceptions that could lengthen those statutes in your favor.

Civil cases in Texas are subject to the “discovery rule” which states that the two years do not begin to run until the time that a reasonably prudent person would have known that they had a cause of action. For example, if the symptoms of malpractice are not evident until several years after the birth, the statute of limitations does not begin until the condition that was caused at birth is actually diagnosed.

Also, in cases where the defendant deliberately concealed their involvement or culpability in performing medical malpractice, the statute may be extended to allow the injured plaintiff (or family in the event of a birthing injury) to pursue civil action against the medical defendant. In some situations, this concealment may be criminal. Or the concealment may have been part of a larger criminal enterprise by the hospital or birthing clinic. When this happens, the defendant may also be subject to criminal charges in addition to civil charges. And when a defendant must answer criminal charges as well, it invariably strengthens that criminal case, even if the defendant is ultimately exonerated in criminal court.

If the malpractice insurance company knows that malpractice has occurred and it’s apparent, they might try and settle with you for a much smaller total amount than the actual worth of your civil case or claim. Because if they can do that, and pay you ten cents on the dollar, once you accept that compensation check and sign that release, you cannot bring suit again for additional payment. This is why it is very important to remember before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer.

Our investigations produce strong cases. And insurance companies will only agree to a just settlement for your legal damages arising from a birth injury malpractice claim if you are represented by an attorney with a history of courtroom success. Insurance companies and their lawyers are eager to take on non-lawyers. But they fear us. When we file a claim, then back it up with evidence from our investigations, the insurance companies often see reason and settle for a fair amount. They want to avoid a trial, especially if they already know that we together have a very solid case. This means that our clients can win a fair settlement; and avoid a protracted and contentious civil trial.

Our Texas birth injury attorneys have over 30 years of experience representing victims of all forms of medical malpractice. Our investigators and medical support team pride themselves on providing the largest number of options for you and your family when your child is the victim of a birthing injury. Our clients are family at our Texas Law Office and we empathize with the struggles your family must deal with when trying to make the best decision for your child and your family. Contact us for a free consultation and find out how we can help you and your family fight for your legal rights.

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Our Law Firm Wants to Help You Understand What to do After a Car Wreck

If you or a loved one has been involved in a car accident anywhere in Texas, you are probably becoming aware of what you must do in order to be compensated for all of the damages you have suffered due to the negligence of the driver who hit you. And you’re probably finding out that maybe those legal compensation damages won’t come easily to you.

If the car accident is only a minor fender bender in a parking lot, then your concerns are probably minimal so long as no one was hurt. But it can also be a destructive a wreck with disturbing injuries and deep scars: physically and psychologically on you, the unlucky accident victim and maybe your passengers.

Whether your injury accident is a minor one, or more serious, and if the accident is not your fault, you are legally entitled to seek compensation for the financial, physical, and emotional injuries you suffered from it. But it is impossible to even guess, much less compute, the amount you actually may be entitled to because of the damages you must ask for depending on the circumstances that surround the accident itself, and the injures you have suffered from it.

The Texas auto wreck lawyers at our Texas Law Office will share some general information with you that applies to most car accident cases. We also hope to help you understand if you have a valid claim against those who may have caused the accident. We’ll explain how an insurance policy can affect your case. We’ll also make clear the circumstances in which hiring a car accident attorney can greatly benefit the positive outcome of your case. And finally, we will point out the things you should look for when selecting a car accident attorney who can best assist you with fair compensation.

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Do you have a Legal Damage Claim as a result of your Automobile Accident?

Auto accidents are a common occurrence. But how do we know whether or not we have a successful personal injury case against a negligent driver-defendant who should reimburse us for our injuries? Most of the time, an accident victim has a legal right to collect money for his injuries by proving the four elements of an auto accident claim in court. Since all defendants are innocent until proven guilty, the burden to you, the injured plaintiff, is to prove you are owed these damages by the defendants who only have to deny and disprove your claim.

There are four elements to proving negligent injuries against a defendant and you must clearly demonstrate your charges are true within these elements. They are presented sequentially and build on the evidence previously proven. These elements are duty, breach, causation, and damages. Below, we’ll briefly discuss each of these four elements so that you will have a better idea of what it will take to prove that you’re entitled to be compensated for the full amount of your legal damages.

Duty
The route to a successful car accident claim begins with your attorney proving that the defendant owed you a duty of care. We all have a duty of care to avoid causing injury to another person. This duty of care is defined by whether a reasonable person, under the same circumstances, could have anticipated that their action or inaction would have caused injury to another person. Sometimes a duty of care is clear. One example of the legal duty required in all drivers is this: At a red light, you must stop because a reasonable person in the same circumstances would be able to see that not stopping at the red light could cause an injury. However, other times the duty can be more difficult to identify because it can depend on mitigating (or unforeseen) circumstances surrounding the accident itself.

Breach
The next step is proving that the defendant actually breached the duty of care that is owed to you. To prove this, you have to clearly show that the defendant acted unreasonably under the circumstances. To prove that the defendant breached a duty of care you and your Texas car accident attorney must present solid evidence to show exactly what the other driver did, or did not do, to cause the accident. A jury will hear this evidence and the other facts of the case to decide whether the defendant’s actions were, or were not, appropriate under the circumstances. Some examples of behavior that might be considered unreasonable breach include driving while under the influence of alcohol or drugs, rolling through stop signs, or driving without headlights in the dark, just to name a few. Of course all of these examples are dependent on the circumstances surrounding the car wreck. If you can prove that the other driver acted unreasonably under the circumstances, you have shown the jury that the defendant breached his duty of care next move on to prove the driver’s negligence.

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

Causation
Once you show that the defendant breached their duty of care, you next must prove causation. This means that the breach by the defendant was the direct cause of the accident that produced your injuries. And the best route is proving negligence. Many times, in order to avoid liability for your injuries, the defendant’s lawyer will work to shift responsibility for the accident to someone else. The defense will try to blame another driver, a pedestrian, or even you in order to get out of paying for your damages. They might claim “unforeseeable circumstances” such as a homeless person stepped in their path and forced them to hit you, or their toddler threw a bottle of apple juice at them which caused the accident, or their headlights suddenly stopped working because of a blown fuse. Maybe it happened, maybe it didn’t. But if the defendant can convince the jury that unforeseen events or a third party caused the accident, he will probably not have to compensate you for your damages. To prove causation (negligence), your evidence must clearly show that the careless driver responsible for the accident and your injuries is liable for legal damages. And this often involves disproving their explanations, no matter how illogical, or ridiculous they might appear.

Damages
Now that you’ve proven the negligent defendant caused the breach of the duty of care he owed you while he was behind the wheel of his auto and is the cause of your car wreck injuries, it’s now time to hand him or her the bill in court in the form of damages. “Damages” is the full amount the defendant owes you for your injuries. They can include every penny of your medical expenses, both current and future, lost wages due to disability from the accident, again, current and future, along with your pain and suffering and property damage as a result of the negligent accident. You will need to prove to the jury that the injuries the defendant caused are fair and specific. In order to prove the damages you sustained, you have to show the court evidence of your losses as a result of the injuries caused by the defendant.

While you and your accident attorney are busy coming up with the right damage amount, the defendants are also working on the very same task, totaling up their anticipated losses from a guilty verdict. Damage amounts are usually the most contentious issue in a car accident case. Defendants calculate how much they think they owe accident victims just in case the jury finds them guilty. And they often claim that they really owe you much less than you’re asking. Then they will try to justify their position by accusing you of asking for a handout by saying your damage request is excessive. They’ll also probably accuse you of filing a frivolous lawsuit, which is a pretty popular claim with defendants and their attorneys these days. Nevertheless, you must clearly show the jury that your requested damage amount is realistic and proportional to the true harm done to you, and any of your vehicle’s passengers if there were any. This is usually the last stand a negligent defendant makes. So, finish your case strongly and clearly account for your losses and the sum total of your damages.

Determining the full amount of damages is as important as the other three burdens of proof since you have only one shot to receive damages from any single negligent defendant. There are no do-overs. But computing damages is quite a chore without a Texas auto wreck personal injury attorney who knows the value of your losses and how to effectively calculate them. How do you put a price tag on an intangible loss such as pain and suffering, or that of your child if one was injured? In calculating the loss of earning capacity if you are disabled, how do you account for hypothetical raises and promotions you would have earned had you continued to work, or gotten a promotion, or were hired away by another company at double your current salary? How can you figure out how much all of your medical bills will amount to if your treatment is not yet complete, and your doctor can’t tell how long it will last? The auto accident lawyers at our Texas Law Office know how to account for and calculate every one of your damages, and make certain that you recover as much as possible for your injuries.

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Beware of Defendants Regardless of Whether They are Insured or Uninsured
Whether an insurance company is responsible for compensating you for damages from an auto wreck can have a significant impact on the legal process and ultimate outcome of your case.

All motorists in Texas are required to drive with proof of liability insurance coverage. But many choose to ignore the law and drive uninsured. If the other driver is found liable for your injuries, he will most likely be personally responsible for compensating you if both you and the other driver are uninsured or if the other driver is uninsured (and you do not have uninsured motorist coverage). Often the other driver is insured, but doesn’t have enough to cover the full value of your damage claim. If that happens, then the other driver must pay you the difference.

If any of these scenarios apply, you must be concerned about the defendant’s finances. If he or she is insolvent (in other words, doesn’t have the money to pay your damage award), then you will not receive fair (or any?) injury compensation. It’s sad when this happens. And a lot of car accident injury victims don’t receive full compensation for their injuries because the other driver was either uninsured and did not have the money to pay the victim for his losses, or had substandard coverage and could not make up the difference..

Sometimes, a driver who has been involved in a wreck will take steps to hide his assets and appear insolvent. He might also try and hide this accident from his insurance company that could drop his coverage if he gets in another wreck. No matter the reasons for this defendant’s behavior, if you suspect this to be the case, our car accident injury lawyers at our Texas Law Office will conduct a thorough asset check on any accident defendant to find out how much he’s really worth. If there’s money available, we’ll find it and work to make sure you get your fair share.

Suppose that both you and the other driver were insured and his insurance company is responsible for compensating you for your injuries. This is generally good news because in most insured cases it means that there will be at least some compensation money coming your way. And if you find out quickly that this will be the case, chances are you might not need a lawyer. But proceed very cautiously, say as little as possible and keep your options open until you are ironclad-certain that things will are turning out your way.

This is because that in just about any accident where an insurance company is involved, it means that you’ll be up against an aggressive company that is in the business to make money, not to give it up. They will try to do everything possible to pay out as little as they can, or not at all. These companies employ adjusters, accident experts, investigators, and specialized insurance defense attorneys to try to deny your claim or to pay you as little as possible.

Also, most drivers with “street legal-only” insurance carry minimum coverage on their vehicle, and the insurance policy may not fully reimburse you for your losses if your accident was especially severe. Just because there is money theoretically available under an insurance policy to compensate you for your losses doesn’t necessarily mean that money will be easy to get your hands on, or that it will suffice. Anyone who has carried minimum coverage for themselves (or tried to deal with a minimum coverage agency when they’re in an accident) understands that some companies pay better (and quicker) than others, while others aren’t very responsive to any process other than taking-in premiums and not paying out. With some, the only way to get their attention (or their lawyers) is to file your case in court.

Any of the above “insurance-related” scenarios might apply to your auto accident. This is why, in order to be fairly compensated for your injuries, you will have an uphill battle against these professionals whose daily job is to pay out as little as possible for car accident claims. And it’s one of the biggest reasons for you to hire an experienced auto accident injury attorney: ASAP!

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Do You Need to Hire a Lawyer After a Car Accident? Have any of These Already Happened?

In most instances it takes a Texas car accident injury lawyer to assure that accident victims recover the actual worth of their medical bills, pain, suffering, disability (if applicable), and damages to their vehicle and its contents. But as we’ve previously said, if the circumstances surrounding the accident and its coverage level are minor, or if everyone is behaving “above board.” a reasonably intelligent accident victim can likely handle his or her claim on their own, without the assistance of a lawyer. But here are a few scenarios that will generally tell you if you need the services of a Texas vehicle accident liability attorney.

You’re in Pain or Suffered Physical Injuries in the Car Wreck
If you suffered any sort of bodily injuries that are more severe than bumps & bruises, it’s best for you to have an experienced attorney handle your legal business. A good rule of thumb in determining this is whether or not you must make a return visit to your doctor after being initially treated for your injuries. Or if the doctor you see is your family’s trusted primary healthcare provider, ask him or her. When you seek damages for bodily injuries, insurance companies don’t necessarily have to abide by any predetermined guidelines when deciding how much to pay you, especially when it comes to pain and suffering. Insurance companies are more about collecting premiums than paying claims and can chose to pay you nothing. Such blanket refusals are a huge benefit of having an attorney who is looking out for your interests. If you’ve suffered broken bones, head injuries, back injuries, or any other sort of injury in your wreck, do the smart thing and call a good attorney. Or have your family do it if you are unable to. And do it quickly.

The Other Driver is Hard to Deal With
Call a lawyer if the driver who caused your accident gives you a hard time either at the scene of the wreck or later, or if that other driver doesn’t want to give out his contact or insurance information. Belligerent accident “victims” usually have something to hide, either from the law or their insurance company. You should see such belligerence as a serious clue that he’ll make it as difficult as possible for you to recover what you deserve. Consider it a warning that you need to seriously consider hiring a lawyer; and don’t be slow about it.

The Insurance Company Pressures you to Settle or Continually Harasses You
Insurance companies can be extremely difficult to negotiate with. And they waste a lot of your time if you haven’t got an attorney to stand between you and them.

Insurance companies are out to protect their own interests. As we’ve already said, those interests involve collecting premiums and paying out as little as necessary in claims. They’ll use adjusters to find ways to deny your claim. These adjusters may repeatedly contact you and ask what appears to be harmless questions about the accident or your injuries under the guise of “getting the facts straight.” But they’re usually calculated to induce you to say something to later be used against you to deny your claims. All conversations will probably be recorded. And they could come back to haunt you as evidence when it’s time to appear in court.

Our accident injury clients know the best way to deal with insurance adjusters: just don’t deal with them at all. Adjusters don’t call our clients, they call us instead. When adjusters can’t talk to you, they can’t twist your words to use against you.

Many times an insurance company will pressure you to settle for less than it’s worth: often a lot less. Now we have nothing against accepting a fair settlement if it will benefit you. But an unfair settlement can devastate your legal rights. When you accept a settlement, you waive your right to sue the defendant in the future. The settlement you accept is all you will ever be able to collect. So it’s important not to accept an offer unless it’s fair. And the only way to determine a fair settlement offer from an insurance company that wants to victimize you is with the assistance of an attorney who knows how to assess the true value of your damages and knows when you’re being low-balled.

Insurance companies know that most accident victims are strapped for cash in the wake of the wreck. They have large medical and auto repair bills that must be timely paid. And perhaps injured victims are unable to work as a result of their injuries. So their already reduced income is used for paying those monthly bills that never stop, which means there’s little, if any, money left over to pay the additional burden of accident-related expenses.

The insurance company’s strategy is to entice you with just enough fast cash that might get you back to even. But what if that’s not the end of your financial peril? Settlements you accept from an insurance company before you have a lawyer on your side rarely, if ever, benefit you in the long run. But they’re always binding. Don’t let the defendant in your case get away with paying you less than you deserve. Call our car accident lawyers to learn what your case is really worth, so that you know whether or not the defendant’s offer is fair.

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What if you can’t Afford to See a Doctor or Pay Your Emergency Room Bills?

Many people living in Texas don’t have health insurance to help them pay for the medical treatment they need immediately after they’ve been involved in a wreck. Even if an accident victim does have health insurance, the odds decrease every day that their medical treatment will be paid through their health benefits. And regardless of whether or not they have health insurance, many accident victims are reluctant to get recurring treatment after the car wreck for their injuries because they don’t think they can afford to take the time off from work that they’ll need to see a doctor. Or they can’t afford to pay the high deductibles which make using their health insurance impractical.

Seeing a doctor and getting treatment for your injuries after an accident is not only essential to your health, it’s absolutely necessary to your injury claim or lawsuit. If you can’t afford treatment, or if you already have medical bills that you can’t pay, there’s probably something that our personal injury lawyers can do to help. We regularly work with doctors and healthcare professionals and can refer you to the right one who will take your personal situation into consideration and give you the medical care you need. We have helped many of our clients receive the vital treatment they need after an auto accident: and at no out of pocket cost to them. Additionally, we can explain how the time you take off from work to get the medical care you need may become part of the damage compensation owed to you by the defendant in your case.

You have a Bad “Vibe” About How your Claim is Being Handled

If you feel “funny” about how the insurance company is handling your case, you’re probably right. Insurance companies aren’t in business to help people: just make money. And the more creative they are in finding ways to deny legitimate claims, the more money they’ll make.

This is especially true with most insurers who aggressively market themselves as “minimum coverage” auto insurance firms, even though we have been able to deal fairly with a few of them. But it’s best for you to call a lawyer if you have a bad feeling, or if any of these circumstances apply:

The insurance company offers you a settlement before the full extent of the medical treatment you’ll need is known.
The insurance company offers you less money than what’s due on your car loan.
The insurance company doesn’t offer you a rental car while your vehicle is being serviced by a mechanic.
The insurance company tells you they’ll pay your claim when you submit your bills, but then refuse either to do so or keep stalling you when you ask for payment.
The insurance company takes too long to respond to your inquiries (this could means that they’re investigating your claim behind your back or just “shining you on” and haven’t yet told you they’re not going to pay your claim).
The insurance company tells you that a settlement offer is “all that you’re entitled to” or “the best you’re going to get”.

If you’re lucky, and none of the above circumstances applies, the odds are pretty good that you can handle your case on your own, without the assistance of a lawyer. Sometimes, car accident victims can successfully protect their own rights when they’ve been involved in a wreck which resulted only in damage to their vehicle. If your car was damaged, but you’re not injured, insurance companies are bound by strict guidelines when it comes to compensating you for damages to your vehicle, or its replacement. Since these guidelines give them little wiggle room, insurance companies have fewer opportunities to rip you off when they reimburse you for your repair bills or vehicle replacement.

After a wreck in which your car alone has been damaged, take down the other driver’s contact and insurance information. Then, drive your car or have it towed to a mechanic. The mechanic will bill your insurance company directly, and your insurance company will pay the mechanic. Then, your insurance company will, in turn, submit the repair bill to the other driver’s insurance company for reimbursement.

An experienced local attorney with our Law Firm will analyze your case, and explain your options so that you will fully understand them. We want to make certain that you recover as much as reasonably possible for your injuries and make this sometimes complicated legal process as easy as for you to understand and navigate to a successful end. Then you can resume your life: free from financial harm, and with this experience in your rear-view mirror.

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Choosing the Local Texas Auto Accident Injury Lawyer Who’s Right for You

If you have been in a car accident in our community, you need to contact an attorney who can give you the best results possible. Our experienced car accident attorneys suggest that you speak with two or three attorneys before deciding on the one to handle your case. When consulting with one, ask about experience in handling cases similar to yours and make sure to discuss this lawyer’s record in litigating and settling similar car accident cases. Also ask the attorney to provide you with a few names and contact information or a few former clients with cases similar to yours. And then call them. Do not hire the attorney unless you trust him or her and are confident in their ability to represent you in a way that you are comfortable with.

The auto accident attorneys with our Law Firm have been handling car accident litigation for over 30 years. We’ve won favorable verdicts and negotiated fair settlements against nearly every major auto insurer in the state. Insurance companies recognize our name, and our reputation that precedes us. Both are very helpful in securing our clients’ fair claims from these insurers. Our business is making sure that you recover as much as possible for your injuries and simplify what, to many, is a complicated, often dubious legal process. Below is a list some of the services that we provide for our clients:

The time after a car accident is often stressful and confusing to the victims. Don’t add to the stress and confusion by letting an inexperienced attorney handle your case, or represent yourself when you are clearly unqualified to look out for your (or your family’s) best interests. We are uniquely qualified and fully prepared to get you the best results possible. If you or someone you know were injured in a car accident, contact an attorney at our Texas Law Office today for a free consultation and find out how we can help you.

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