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MOTORCYCLE ACCIDENTS
According to the US Department of Transportation’s motorcycle accident statistics and rates, a motorcyclist is 16 times more likely to die in an accident than a motor vehicle occupant. According to the same motorcycle accident statistics, motorcyclists are also three times more likely to be injured than people driving in cars. Over half of all motorcycles involved in fatal crashes collided with another motor vehicle in transit. Motorcycle accident statistics and rates show that one of the best ways to prevent severe injury or death is by using safety equipment such as helmets and defensive driving practices. More motorcycle accident statistics from the US DOT:
* Motorcycle accidents and injuries are more likely to occur at night-with an increased number of fatal crashes occurring after dark
(motorcycle accident statistics show that 60% of all fatalities happened at night).
* Nearly half of all motorcycle operators involved in fatal crashes were exceeding the speed limit
* Around 80% of all motorcycle accidents end in injury or death
* Motorcycle operators involved in fatal crashes had higher intoxication rates than drivers of any other type of vehicle involved in a
fatal accident.
These types of motorcycle accident statistics and rates can have a prejudicial effect on people and even influence the outcome of litigation and criminal proceedings. It is important to understand that motorcycle accident statistics are gathered from many accidents and that your specific motorcycle accident could completely contradict the impression created by motorcycle accident statistics and rates. An attorney with experience representing motorcyclists can help you review motorcycle accident statistics from various sources and explain how they can be used in your particular situation.
In most cases, a motorcycle accident involves the motorcycle and another moving vehicle. In almost 75% of motorcycle accidents, the front of the motorcycle strikes the other vehicle. However, more than a quarter of motorcycle accidents are caused by the motorcycle crashing into a stationary object. Like other vehicular accidents, motorcycle accidents are much more likely when either driver is speeding or under the influence of alcohol. Motorcycle accidents can be prevented through defensive driving/riding. The number of motorcyclists involved in a fatal motorcycle accident while speeding was double that of drivers of other vehicles. Reducing motorcycle accidents’ frequency and severity can be as simple as observing posted speed limits. Another major factor in motorcycle accidents is vehicle blind spots. Motorcyclists who make their presence known can avoid motorcycle accidents caused by other drivers. A helmet can greatly reduce head and neck injuries if a motorcycle accident does occur.
The most important thing to do if you are involved in a motorcycle accident is to remain calm. If possible, get the contact information of everyone involved in the motorcycle accident. Exchange insurance information and review the police report if possible. Make sure the details of the motorcycle accident are included: weather, road conditions, number and types of vehicles, and even diagrams of the motorcycle accident can help insurance companies make the correct conclusions as to cause and fault. The injuries received in motorcycle accidents are generally much more severe than those from regular vehicular accidents. Motorcycle accidents can result in debilitating injuries and even death. If a motorcycle accident has affected your quality of life, or if a loved one has been severely injured or killed in a motorcycle accident, you may wish to speak to an attorney who is familiar with the legal aspects of motorcycle accidents. IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF AN EXPERIENCED PERSONAL INJURY LAWYER. CALL OUR LAW OFFICE TODAY FOR YOUR FREE CONSULTATION.
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SWIMMING ACCIDENTS
IT TAKES LESS THAN 5 MINUTES AND UNDER 2 INCHES OF WATER FOR A CHILD TO DROWN
Swimming accidents claim the lives of over 1,000 children each year, and accidents in swimming pools account for over 1/3 of the fatalities. Thousands of adults will also die or suffer catastrophic injuries due to swimming mishaps. Owners of private “backyard” pools are responsible for providing a safe environment for children and adults alike and need to focus on accident prevention. Some essential safeguards listed below are based on common sense and should be implemented immediately by every pool owner:
* Do not accept the responsibility of pool ownership until you have completed a CPR training course.
* Make sure everyone in your household learns how to swim and knows pool safety.
* Never allow anyone, child or adult, swimmer or non-swimmer, to enter the pool unless a responsible person accompanies them.
* Never leave an accessible pool unattended. Remember, a child can drown in less than 5 minutes.
* Never leave swimming toys in the pool. They are too inviting for a young child.
* Insist that your adult guests supervise their children at all times.
* Never let intoxicated guests enter your pool.
* Remove the diving board from your private backyard pool. The risk of injury is too great.
* Surround your pool with a fence of no less than 5 feet in height, and make sure that the gate is equipped with a self-closing lock positioned beyond the reach of children.
* Cover your pool when it isn’t in use.
* Keep essential life-saving gear accessible, visible, and in proper working condition.
* Never assume that “floaties” and other floatation devices will protect you from drowning.
* Install an alarm system on the gate or pool to warn you that the pool area has been entered. You can also purchase wrist alarms for your children that will set off a signal if your child enters the pool.
* Develop a list of pool rules and insist everyone knows them and follows them.
* Ensure your homeowner’s insurance policy includes coverage that protects you against liability lawsuits resulting from swimming pool injuries. Don’t rely on posting signs such as “swim at your own risk,” “too shallow to dive,” etc., on protecting yourself against a lawsuit.
Your swimming pool may be considered an “attractive nuisance,” which means that people, especially children, will find it too tempting to resist. You must realize that anyone injured in your pool, even if they are trespassing, may have the legal right to file a claim against you for any damages resulting from injuries received while in your pool. Therefore, it is crucial that your homeowners’ insurance policy explicitly acknowledges the existence of a pool and protects you against any liability – regardless of the circumstances. Public pools such as community and hotel/motel pools, are also subject to the same guidelines. Suppose you have been injured in a swimming pool accident. In that case, you may file a “premises liability” claim against the responsible party of any pool if you can prove the following: They were negligent. Their negligence caused an injury. You were damaged as a result of the injury. If you want to know where to get swimming lessons in your area, surf the internet for “swimming safety.” Hundreds of sites provide informative and valuable information on this topic.
IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF AN EXPERIENCED PERSONAL INJURY LAWYER. CALL OUR LAW OFFICE TODAY FOR YOUR FREE CONSULTATION.
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BICYCLE ACCIDENTS
Over the past ten years, bicycling has become extremely popular in the United States. It is a convenient and inexpensive method of travel, especially in large cities where traffic is congested, and parking spaces are difficult to find. High-tech materials and fabrication have now made bicycle riding virtually effortless, and many families enjoy exploring the countryside on bicycles. Many cities now recognize the increase in bike traffic and have constructed special bike lanes. Parks have now made trails accessible to bicycles. Even some vehicle manufacturers are now offering bike racks as standard equipment. Sadly, however, many automobile drivers do not respect the bicyclists’ rights to share the roads. More importantly, young bike riders haven’t been educated on how to legally and safely share the roads with automobiles.
Uneducated drivers and bicyclists have resulted in some staggering statistics. Did you know that:
* A bicyclist is fatally injured every 6 hours.
* Nearly one million children are injured each year in bicycle-related accidents.
* 49% of all bicycle fatalities occur in children under 16.
* Head injuries account for 75% of all severe injuries and deaths.
* While collisions with automobiles account for only 1/3 of the accidents, they account for most catastrophic injuries.
Motor vehicle operators must be attentive to bicycle riders. They must equate a bicycle with a motor vehicle and observe the same laws. For example: if you are sharing the right lane with a bicyclist and planning to turn right at an intersection, you must yield to the bicyclist. You may not drive in a designated bike lane unless you immediately intend to turn off the road. There are many “new” traffic laws concerning bicycles, and ignorance of the rules will not protect you against negligence if you injure a bicyclist. Bicycle riders are also subject to the same traffic laws as motorists. If you are riding a bicycle, you must obey traffic laws. You can make your bicycle journey more enjoyable and reduce the risk of accidents and injuries by following these “common sense” rules:
* Many states require that all young riders wear an approved helmet. Even if your state does not have a bicycle helmet law, young riders should consider a helmet as part of their gear and wear one whenever they ride.
* Parents must teach their children about traffic laws and road safety. A “young drivers” handbook is an ideal resource for information. Children should know the appropriate hand signals for making turns, etc. (Parents: remember to teach only hand signals – not hand gestures!)
*It is never advisable to ride a bicycle after dark, but if you must, make sure your bicycle is equipped with headlights, taillights, and reflective tape, and always wear clothing that can be easily seen.
* Make sure that clothing, backpacks, accessories, etc., cannot get tangled in the spokes or chain.
* Always ride with the flow of traffic (on the right side of the road) and not against the traffic. Motorists are trained to react to other “drivers” following the same rules and may not respond quickly enough to avoid an accident if your presence isn’t anticipated.
* Always perform a pre-ride safety check before getting on your bicycle. Check the brakes and the alignment of the frame, and if you have “quick release” wheels, ensure your lock is in place.
IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF AN EXPERIENCED PERSONAL INJURY LAWYER. CALL OUR LAW OFFICE TODAY FOR YOUR FREE CONSULTATION.
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CONSTRUCTION INJURIES
Construction site employees work in one of the most dangerous occupations in the country. Hundreds of thousands of workers are injured and even killed annually in construction site accidents. With a large amount of construction today, here are some essential things to know about construction injuries:
* It is the responsibility of construction companies to thoroughly inspect each site with safety engineers and provide safety programs for employees. When these measures are not implemented or fail to protect construction workers, the owners, architects, insurance companies, and equipment manufacturers can be legally responsible.
* Third-party negligence means the manufacturers of the various equipment and products used on the site can be found liable.
* It is also possible that subcontractors and even the general contractor may be contractually responsible for damages.
* Worker’s compensation provides those workers injured on the job or suffering from disease while in the course of employment benefits that include payments based on the employee’s wages and total or partial disability. Unfortunately, this alone may not be enough compensation.
* Around 40% of all construction site fatalities involve electrocution.
Other accidents and injuries that can take place at a construction site include:
* Construction Site Falls. One-third of the nearly 1000 construction workers who will be killed on the job this year are caused by falls. The worksite might be unstable. Fall protection equipment might be misused. Many of the deaths and injuries from falls can be prevented when the proper precautions are taken.
* Crane Accidents. Many severe and fatal crane injuries occur each year when the crane touches a power line when workers assemble and dismantle the crane and various failures of the crane’s construction.
* Scaffolding Accidents. Most are attributed to negligent construction and maintenance of the scaffolding. 10,000 of the 500,000 injuries that occur annually on construction sites are associated with work on scaffolds.
* Compressed Gases Hazards. Mechanical and chemical dangers accompany the wide use of compressed gases in construction projects. Failure to follow safe handling procedures injures thousands of workers each year.
* Dangerous and Defective Machines. Serious injuries result from moving machine parts when safeguards to protect workers are not implemented. Such preventable injuries can occur using mechanical power presses, nail guns, and other dangerous machines.
* Mechanical Hazards. The point of operation, power transmission apparatus, and other moving parts of machines pose hazards on construction sites. These essential components of almost all devices need to be recognized as such, and safety measures must be taken to protect those on the site.
* Logging Accidents. Possibly the most dangerous occupation in the country, logging can cause serious accidents. Massive weights and irresistible momentum of falling, rolling, and sliding trees and logs are involved in daily operations. When these hazards are combined with dangerous environmental conditions such as uneven terrain, wind, or extreme cold, logging poses significant risks to employees.
*Welding, Cutting, and Brazing Accidents. These hazardous activities pose safety and health risks that require employers to determine all exposures to hazards in the workplace and determine what protective equipment should be used.
IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF AN EXPERIENCED PERSONAL INJURY LAWYER. CALL OUR LAW OFFICE TODAY FOR YOUR FREE CONSULTATION.
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MOTORCYCLE ACCIDENT DEATHS
Motorcycle accident deaths claim the lives of more than three thousand people every year. The DOT presented evidence that motorcycle accident deaths are up eleven percent. In addition to motorcycle accident deaths, approximately fifty thousand people are injured in motorcycle accidents every year on our nation’s streets and highways. Motorcycle accident deaths and injuries pose a more significant threat to motorcyclists than deaths and injuries in other motor vehicle accidents. One of the most significant factors that increase this risk is the failure of other motorists to detect and recognize motorcyclists in traffic. Negligent vehicle drivers often fail to see and avoid motorcyclists on the road. Nearly three-fourths of all motorcycle accidents involve a collision with another passenger vehicle. Motorcycles offer much less protection to their drivers than other motor vehicles, which contributes to the risk of motorcycle accident deaths. Five types of accidents result in motorcycle accident deaths:
Motorcycle accident deaths occur most often when a motorcycle rides or is driven off the road.
Almost twenty percent of motorcycle accident deaths result from another motor vehicle failing to obey a traffic signal.
Head-on collisions account for more than ten percent of motorcycle accident deaths.
Passenger cars turn in front of a motorcycle.
Motorcycles going down on the roadway.
The severity of most motorcycle accidents increases with motorcycle speed, the size of the motorcycle, and the involvement of alcohol in the accident. Nearly one-half of all motorcycle deaths are caused by accidents where alcohol use is involved. The lack of helmet use also drastically increases the risk of motorcycle accident deaths. Motorcyclists who do not wear helmets are forty percent more likely to suffer a fatal head injury than those who wear safety helmets. Motorcycle accident deaths are often the result of severe head, neck, or back injuries. These types of damages are the most fatal in all motor vehicle accidents.
The leading cause of death on our nation’s roadways is attributed to severe head injuries. This is another reason for helmet use’s importance when operating a motorcycle, even for short trips in tight areas. Suppose you have a loved one who died in a motorcycle accident. In that case, you may be eligible to file a wrongful death lawsuit against that party whose negligence caused or contributed to the fatal motorcycle accident. A victim’s beneficiaries may be able to recover damages, including medical expenses, loss of income, and emotional suffering. For more information about motorcycle accident deaths, contact a qualified and experienced attorney who can advise you of your legal rights and options.
IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN ACCIDENT, YOU NEED THE ADVICE OF AN EXPERIENCED PERSONAL INJURY LAWYER. CALL OUR LAW OFFICE TODAY FOR YOUR FREE CONSULTATION.
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TRUCK ACCIDENTS
Truck Driver Negligence Lawyer
A truck driver who fails to adhere to traffic laws and Federal Motor Carrier Safety Act (FMCSA) standards places everyone else on the road in grave danger. When the truck driver’s negligence leads to a trucking wreck or collision with another vehicle, the size and weight of the semi-truck overpowers the passenger vehicle and can cause life-altering and even fatal injuries.
We Hold Truck Drivers Accountable for Their Negligence
At our law office, we understand the impact a severe trucking accident can have on the catastrophically injured and the family of fatal truck accident victims. Our injury attorneys put forth the experience and resources necessary to identify negligence contributing to the truck accident and our client’s suffering. Then, we prepare a compelling case that not only tells our client’s story but that also demonstrates the recklessness of those at fault for the accident.
Through our meticulous truck accident investigation, we expose the truck driver’s negligence that caused or contributed to the trucking accident, including:
Speeding
Reckless driving/careless driving
Failure to yield to traffic when entering the interstate
Failure to recognize traffic speed reduction in a construction zone (and failure to stop or adjust speed accordingly)
Driving too many hours without rest (leading to truck driver fatigue)
Improper securing of the load
Negligent driving/inattentive driving (eating, texting, smoking, using electronic devices while driving)
Other truck driver negligence
When a truck driver’s negligence has caused a semi-truck accident, the trucking company can be held financially responsible for the resulting damages. While trucking companies carry significant insurance to cover their liabilities resulting from a truck accident, it is crucial to have experienced counsel to ensure the trucking company and insurance company play fair.
Immediately following an 18-wheeler accident, an investigation team will be deployed to the scene. Their sole focus is to control the accident scene, collect evidence that deflects liability, and reduce the potential liability that the truck company and the insurance company may be exposed to. By having an experienced truck accident lawyer in your corner from the beginning, you can rest assured that your interests will be fully preserved. We invite you to learn more at our truck accident practice center. Contact us as soon as you can following a truck accident. Our personal injury lawyers represent clients throughout the state and nonresidents injured in a semi-truck accident on a Texas road or interstate.
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PERSONAL INJURY
Injury Attorneys
Injury attorneys are the knights in shining armor that appear to defend the everyday person in their greatest need. None of us know when an accident might strike us down, and when we are injured because of what somebody else has done (or failed to do), we need the help of qualified and professional injury attorneys to assist us.
Who might this apply to?
Anyone who suffers an injury due to another person’s negligence can contact injury attorneys to help bring a compensation claim rather than represent themselves. You might have an accident in your place of work, and this could be your employer’s fault. Or you could fall victim to medical malpractice directly because of what your healthcare professionals did or did not do. Injuries can be physical or psychological and might not be evident in the aftermath of an accident. You should seek medical advice after any accident and seek injury attorneys when you discover anything wrong.
How can injury attorneys help?
Most injury attorneys will work for you based on a contingency fee instead of an upfront fee charged by the hour. This means they will receive a percentage of any settlement they manage to win for their client. If they do not help you to win your case, then they receive no payment. You might have heard them called ‘No win, no fee injury attorneys.
What should I look for in an injury attorney?
Injury attorneys specializing in personal injury cases can often operate a solo practice. A more prominent law firm may handle a much broader range of topics and not specialize in personal injury, so it would not have suitable injury attorneys. Some law firms do specialize in personal injury, however, and have either the whole firm or a dedicated team of injury attorneys with a caseload made up entirely of injury litigation. Whether a more prominent firm or a solo practice, reasonable injury attorneys will have prior agreements with local healthcare facilities and medical practitioners to delay payments until the case is settled.
An out-of-court settlement is often reached to avoid the high litigation costs of a trial. Depending upon the types of injuries sustained, an early payment might not be the best solution if other hidden symptoms are likely to emerge over time. Reasonable personal injury attorneys will advise you if you should settle out of court or continue to trial.
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DOG BITES
Dog Bite Attorneys
We all need reasonable dog bite attorneys the moment those canines sink their canines into something else’s flesh, especially if that dog or that flesh happens to be yours. Dog bites are up 33% yearly, but there are only 2% more dogs each year – so obviously, dogs are getting more aggressive. This is bad news for owners and victims who need dog bite attorneys to help them out of their predicament.
Although an estimated five million Americans are bitten by dogs yearly, less than 1% of victims receive a payout from the dog owner’s insurance cover. So if you or someone in your family is bitten, you’ll need reasonable dog bite attorneys to bring an effective case against the dog owner.
Dog bite attorneys protect your dog.
If your dog bites someone, your legal position changes straight away. You need reasonable dog bite attorneys to protect your dog, which has now become a dangerous dog and is one step away from legal action in the future if it ever misbehaves again.
On your own, you will not know the right things to say to achieve a beneficial settlement. You will feel personally on trial and will resent the process. Insurance adjusters will offer an unrepresented person around 80% less than a person with reasonable dog bite attorneys represented.
Experienced dog bite attorneys will know all the best strategies and tactics; how to overcome all of the common defenses; how to plead defenses, and gain you the best result as a client. They will know how to handle and settle a case without having to resort to suing. Reasonable dog bite attorneys understand how to deal with insurance companies so that the claim gets settled without becoming a court case.
Dog bite attorneys can get you 5X more in a settlement.
So seek out reasonable dog bite attorneys who will take your case on a contingency basis with no up-front costs. And don’t forget that reasonable dog bite attorneys earn you up to five times more in settlement than you could get on your own.
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SLIP & FALL
Slip & Fall Attorneys
We hope it doesn’t, but it could happen to you anytime. For people to take a tumble and need an excellent slip-and-fall attorney, it doesn’t have to be a particular time of year or weather. It could be you. Tomorrow. Come rain or shine. You might need reasonable slip-and-fall attorneys.
How could it happen?
It doesn’t have to be ice and snow that brings you down. Slip and fall attorneys deal with all the following scenarios: You could get jostled in a crowd as you walk down the block. A piece of sidewalk sticking up unevenly could trip you. A sudden jolt or braking while riding the bus or train could send you crashing to the floor. Loose cables or wires on the floor at the store can easily send you sprawling. Poorly built steps and stairs could catch you out as you go up or down. Whatever the circumstances, you’ll need to get hold of slip-and-fall attorneys quickly.
Slip and fall attorneys – what you need to do.
If you’re injured, you need to get medical treatment right away. But imagine that you get to the hospital and you’re not covered for this emergency, and they won’t treat you? You need to contact reasonable slip-and-fall attorneys to help you fight your case.
Why? Well, it’s not just that you have an injury requiring immediate medical treatment. That’s important, and so is any income you might lose due to not being able to work usually. Or those tickets to the game or a pre-booked holiday that now you can’t go to because you need treatment and aftercare. Then add on any extra stress and distress caused, and you can see that you need to call in professional help in the shape of slip and fall attorneys.
These types of injuries are prevalent, and slip-and-fall attorneys always deal with them. The medical bills for treating them can soon add up, though. You don’t want to handle this yourself or settle early because undetected injuries might appear later. You need the assistance of trained and qualified slip-and-fall attorneys who deal with these situations daily.
What to look for in your slip and fall attorneys.
Experienced slip-and-fall attorneys will already have successfully fought and won cases that are similar to yours, and they should be handling a regular number of these continually. If you take a minute to ask any slip-and-fall attorneys about their track record in this area, they should have no trouble answering your questions and reassuring you. But if they don’t or sound hesitant, you might want to look for slip-and-fall attorneys that better meet your needs.
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PERSONAL INJURY
Why A Personal Injury Attorney Is A Requirement
Accidents, injuries, slip and fall accidents, dog bites, and a host of other personal injury issues come into play at some time or another in the life of just about everyone. This is because today’s world is mobile and constantly on the move. This means that many are faced with injuries that can and do happen in all aspects of life.
Accidents and damages must be handled appropriately, from workplace injuries in car accidents to being hurt while walking in your neighborhood. This is why a well-trained and highly qualified personal injury attorney is required for anyone injured and needs to resolve their medical, emotional, and physical issues. The after-effects of a personal injury are far-reaching and, for many, impact all areas of life. This means that a personal injury attorney can help victims seek a solution to their needs as they are most likely faced with mounting medical bills, undue emotional stress and strain, and even lost wages from missed work. The adverse effects of an injury are vast and are based on the damage and the scenario itself. This is why the most prudent solution is to retain the services of a personal injury attorney as soon as possible following any accident or injury. The issue becomes even more crucial when the injury is life-altering, involves losing limbs or even results in death.
A well-trained personal injury attorney will be able to work with you one-on-one to get all the facts as they pertain to your case. The personal injury attorney will then discuss options with you so that you can best determine the right course of action based on your situation’s parameters and mitigating factors. This high level of detail and personal attention is only found when the right personal injury attorney is used for the case. The result is worked on by your attorney so that you can be comfortable with the process, get the medical bills you have accrued paid for by the party at fault, recoup lost wages and salary, and find the closure you need to get past the injury and on with the rest of your life in the most beneficial manner.
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PERSONAL INJURY
Personal Injury Lawyer Guide
Many individuals ask their animal attack attorney why their insurance provider should pay for their hospital bills and not the insurance company of the individual who was the reason behind the incident. This has often been a cause of misconception and misunderstanding between people, which is why it is worth discussing in this section.
Subjugation is the central concept. Not many people know about this. Still, it’s a principle that indicates that the person responsible doesn’t need to cover the finances and expenses of the injured person with his insurance company unless a final discharge of your claims can be signed. This is also a point because individuals have difficulty persuading their insurance company that they have been injured. It should spare the problem of having the person accountable for the incident handle the task instead. We’ve heard over time about how people tell lawyers what the insurance agent promises to cover such expenses. However, they won’t pay you if you call them to send the bills. This can be partly because, within the law, they’re not required to unless you are ready to approve a full and last discharge of your claims. This is how matters go, and you will have to find out how to deal with it.
So what becomes of your hospital bills? The physicians will not wait until you pay them; this is where automobile or health insurance coverage can be most helpful. Once again, you can sit with your lawyer inside his office and discuss your situation. You can talk about how the entire process works and some details on why the law and its functions work in such a way. There could be a lot of specific shifts when submitting your case or aiming for just compensation, but a seasoned lawyer will take you through the processes.
It’s a required method, and you should contact a personal injury lawyer on the concept of subjugation, what it is all about, and how you can utilize such a principle to your advantage. You do not want to waste time because you need to recover from your injuries and return to the outside world when possible.
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WRONGFUL DEATH
How Much Time Do You Have To File a Wrongful Death Case?
Medical Malpractice cases happen when someone dies because of the negligence of the medical expert. Several of these cases could be fatal, including exceeding the dosage limit or a particular medication or making the wrong diagnosis. Included in this category are certain acts of negligence, like a company’s bad warning about possible perils associated with an item, or perhaps deliberate, including murder. Loved ones may file a significant case for certain damages to keep up with the emotional and financial damages they are experiencing because of the death of a relative. A car accident attorney should know everything to know how long these cases take.
If you feel a person has wrongfully triggered a family member’s death, you will need to get aid immediately and use a limited time to file a lawsuit.
Medical negligence Statutes regarding Limitations
Each state has its statutes and limitations and brings in various lawsuits. Sufficient time should also be spent for one to file any medical negligence lawsuit; this usually takes one and three years. In many states, it takes two years, right after death occurs.
Unless you file a lawsuit in the allowed period, you won’t be capable of getting over your problems. But the time doesn’t always commence right after death. Sometimes time could be reset right from the beginning for the reasons of finding new details like:
Death can be declared from natural causes, but proof for medical malpractice cases can take years to process.
Someone deliberately undetectable and essential information regarding the cause of fatality can also be sorted out.
Uses of merchandise that have been later seen to be defective can also be important.
In these cases, the hands of time may turn at the opportunity when discoveries are found, although not everyone would agree with it. Several states exclude hazardous or malfunctioning products originating from the resetting of the clock. The limitations may also rely on which team you label as the offender.
Any time Death Takes place After Damage.
Whenever a particular person survives a car accident only to find problems linked to the accident in which the injury has occurred several years later, you could be hopeless about filing any medical negligence case. Because that one person initially survived, the occurrence falls beneath personal injury regulations of constraint. At that moment, it usually takes anyone six long months, according to the state where it has been approved. Contact an experienced auto accident attorney for better assistance until your case is done.
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DROWNING / BOAT ACCIDENTS
Dealing with Natural Water Drownings and Boat Accidents in Central Texas
Thousands of Texans enjoy relaxing on one of several nearby lakes, rivers, and streams. Boating, jet skiing, or fishing on lakes are popular and fun! Canoeing or kayaking is equally enjoyable. There are plenty of small private lakes and stock tanks to take a cool dip on a hot Texas afternoon. And don’t forget our Gulf shores are only a few hours’ drive away. But it’s also sad that accidents on the water in Texas occur quite frequently. Drownings, boating accidents, and other types of outdoor-water mishaps can cause severe injuries to the victims: even deaths. When such tragic events occur, several liable parties may hold some or all of the blame for such an accident. An injured victim of a lake mishap who was fortunate to escape with their life, or the bereaved family survivors of a person killed in a lake drowning, usually want to know if the accident was avoidable. Many also must know what caused such an accident and if negligent people were at fault. The drowning accident attorneys with our Law Office can help you find those answers and, if justified, help you win compensation damages for your loss in the event of a drowning accident on any Texas lake, pond, river, or beach.
Legal Issues That Can Arise in Natural Water Drownings in Texas
When drowning in natural water occurs, there can be several causes or other contributing factors to these fatal, often avoidable, tragic accidents. Someone may have been acting recklessly in some way, i.e., “playfully” holding a person underwater, and a drowning occurred. Or a boat “captain” may have been speeding through the water, striking a swimmer: debilitating them in some way, and causing them to drown. A crucial safety feature on a floatation device may not have worked as it was supposed to, in which case the surviving family might have a defective product case against the manufacturer or the company that sold the floatation device. Or a lifeguard may have been required to be present in a public area where a natural water drowning occurred. In this case, the lifeguard may be held liable for the accident. Also, the lifeguard’s employer may be held liable through “respondent superior.” This legal term essentially means that an employer is, by definition, responsible for all the actions of his employees when they are working for him. Liability can lie with a variety of defendants. It depends on the drowning accident’s specifics and who is to blame.
Suppose a child drowns while in the care of an adult; negligent supervision may be claimed. Sadly, tragic child drowning lake accidents are often a common event because of negligent supervision by a person whom the child’s parents have trusted with safely watching over their child. Some entrusted adults may incorrectly assume a child is a strong swimmer. Other adults may misguidedly allow a child in their care to wade into deep or dangerous fast-moving waters that suddenly sweep them downstream. Then, if the child becomes distressed and drowns, the person responsible for their care can be held liable for the fatal lake drowning accident through a wrongful death lawsuit. They might even be held criminally liable depending on the circumstances of the tragedy.
When one of our lake accident lawyers is quickly contacted in the wake of a lake drowning in Texas, our team immediately begins a thorough professional investigation of the accident to determine who the liable party or parties may have been. All liable defendants must be properly identified so the aggrieved family can receive full and fair compensation for their injury or loss. And since each defendant will be responsible for a percentage (or all) of the compensation to a plaintiff (in this case, the surviving family) based on their liability for the drowning accident, an additional investigation of the financial resources of each of these defendants is also undertaken by our Law Office investigators. This is to assure that each defendant can pay their portion of the damages once they are awarded to the surviving family plaintiffs. In such instances, an experienced investigative team has proven, time and again, to be a most crucial element in constructing as strong a case as possible on behalf of a surviving plaintiff.
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DROWNING / BOAT ACCIDENTS
Legal Issues That Govern Boating Accidents on Texas Lakes, Rivers, and Shores
Boating accidents in Texas are a common source of natural water drownings: especially on weekends when lakes, rivers, and the Gulf Coast shoreline are crowded with this small craft. These boaters often operate their craft recklessly, irresponsibly, or inattentive to their surroundings. A speeding boat can do as much physical damage to a swimmer as a motor vehicle can do to a pedestrian. The US Coast Guard tells us that on a pro-rata basis, many boaters are cited for operating their craft under the influence of alcohol as drivers on Texas streets and highways. On many weekends, some lakes can be as crowded with small craft as a big-city freeway during rush hour. Horseplay while behind the wheel of a boat can result in severe personal injury or death, both to the people on the boat and those in the close vicinity of the recklessly driven watercraft. It pities the poor skiers being pulled by a boat whose driver engages in horseplay, not paying attention to where he’s going or the skiers he is pulling. The same holds of a very swift, thousand-pound Jet Ski rushing atop the waves at 20 miles an hour. They can kill or seriously injure a swimmer just as fast as traditional watercraft at the hands of a careless or intoxicated operator. If a boat or some other watercraft is leased to a person who doesn’t know how to operate such a vessel properly, and that person then causes a lake accident resulting in injury or death, both the boat’s operator AND the boat’s owner may be held liable for the resultant injury or death: regardless of the legal release that boat owner may have required the borrowing operator to sign.
Operating a boat drunk or high on drugs can lead to devastating accidents. Many people enjoy resting and relaxing on our open-water Texas lakes by enjoying an occasional alcoholic beverage. And there’s nothing wrong with that, But it only takes one drunk person to wreak havoc on a small boat: the ripple effect from such irresponsible behavior can extend far past just the small craft itself.The results could end up being just as tragic. While the intoxicated boat operator can be held civilly liable for an accident, they cause that harms or kills an innocent lake visitor, Texas dram shop laws that hold the person or entity who got a driver drunk, who then was involved in a DUI auto accident, may also apply in certain circumstances to a lake drowning a drunk boat operator causes that. For example, if the careless defendant became intoxicated at a restaurant on a pier and then caused a drunk boating accident on a Texas lake or river, the restaurant could be held liable for its contribution to the accident. However, proving such a connection can sometimes be challenging, especially without knowledgeable legal help. With over two decades of experience in dram shop law personal injury cases, our boating accident attorneys can assist you in determining if such an unfortunate and tragic chain of events may have contributed to a boating accident at the hands of a drunk operator.
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DROWNING / BOAT ACCIDENTS
Winning Your Drowning Lawsuit is Never Easy
Regardless of how personal injury law is applied, in Texas, we all owe a general legal duty to others not to act in a way that can be dangerous to our fellow citizens. Sometimes, when we “recreate” on the weekends, we are tempted to allow that legal duty to take a “back seat” to our natural desire to relax and forget about the world’s cares. Sometimes, people can go nuts when they do that and overlook the people their actions can sometimes tragically affect. Does that relieve the thoughtless or careless of their legal duty to the rest of us? Of course, it doesn’t. Suppose some careless or inattentive someone has negligently caused a fatal accident on one of our area’s rivers or lakes. In that case, they deserve to be held accountable for their actions and pay the surviving family members in a drowning accident. Just because they owe doesn’t mean they automatically pay. The aggrieved surviving family members, acting as the plaintiff, must seek damage relief for their deceased loved one’s medical bills, their pain, and suffering (both the victims and their own now that the family member-victim is gone) as well as the value of this loved one’s lost wages. Disability had this loved one survive the accident but could not return to work due to the defendant’s actions. This negligent defendant (or defendants) will likely have some form of insurance. Insurance companies are collecting premiums and not paying out damage claims whenever they can. So you might face formidable opposition from insurance adjusters and some outstanding attorneys who defend their insurance company clients aggressively and use every trick in the book to get them and, by definition, the defendant off the hook. Yet, since the drowning accident occurred in a recreational setting, many of the charges you might make against the defendant to prove negligence might also be made against your deceased relative or even you specifically; because the defendant wants to avoid the shame of a guilty verdict, then made to pay legal damages. Since you are the plaintiff, not only is the burden on you and your attorney to prove the defendants’ negligence: but also to disprove all of the charges against your loved one. With a good boating accident lawyer fighting for you or your deceased loved one, all of these evasive countercharges that the defendant and his or her insurance carrier make to either get your case dismissed or convince the jury they believe your civil damage suit is without merit and frivolous, will be proven to be patently false.
If the liable defendant is not insured, this person might be fighting you for his financial life since losing such a case might bring monetary ruin to his or her family. All of these stark realities that happen in a contentious personal injury lawsuit should give you an idea of why you must retain an experienced lake drowning or boating accident attorney with our Law Office at the earliest possible moment: before crucial evidence begins to slip beneath the waves of the river or lake on which your family suffered its tragic loss.
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DROWNING / BOAT ACCIDENTS
Suppose You’ve Suffered a Tragic Loss in a Drowning or Boating Accident.
In that case, our Drowning Accident Lawyers can help.
Pursuing a civil lawsuit in the form of a personal injury or wrongful death claim following a lake accident in Texas can serve two equally important purposes. First, and once successful, you and your family will receive fair compensation from the defendants who caused the injury or loss of life. A successful personal injury lawsuit can relieve the burdens of medical bills and other likely incurred damages, such as property destroyed in the mishap or loss of familial love in the event of a tragic accidental death of a beloved family member. A successful lawsuit may produce compensation for the pain and suffering that is caused to both you and your loved one, and also to ease the burden of loss of your loved one, his or her lost income (and future wages), and any funeral expenses you may have incurred immediately after the mishap. To summarize, the compensation for legal damages that you can win as a result of a successful civil suit can help you (and surviving family members) get back on your feet after experiencing a sudden tragic lake accident or drowning: and put this disaster behind you and your family.
The second objective of a personal injury or wrongful death civil lawsuit is more emotional: it soothes the wounds of a lake accident, both the physical and emotional trauma. By bringing all liable parties to justice and ensuring they know the extent of their misconduct, you are making our lakes and reservoirs safer places for all your neighbors to enjoy. Through this civil action, your experienced drowning accident lawyer works hard to ensure that a defendant cannot continue reckless disregard for others while on Texas lakes. It will certainly make them think twice before causing irresponsible injury or harm to another person or family.
When you retain the drowning accident attorneys at our Law Office after a boating accident or natural water drowning, we will come alongside you to get to the bottom of the tragedy and ensure that not only is every liable party is held accountable for their negligent behavior but can pay the full damages that a jury awards you: or the proper settlement amount that we can negotiate with the defendant’s insurance company. These insurance companies know us. Because they respect us and the strong cases we historically develop, we have successfully negotiated very fair and appropriate settlement amounts on behalf of our clients for over 20 years: often avoiding the pain to a grieving family of an emotional and abusive civil trial. Contact our drowning accident attorneys for a free consultation and find out how we can help you. No amount of money truly can compensate you for the tragic loss of a loved one: or the debilitating life that a son or parent might be now forced to lead from a permanent drowning-related disability. We welcome your questions concerning your river or lake accident. You will compassionately receive the right answers you need. We’ll also apprise you of your possible legal options so that you can make the best decisions once you seek compensation and see justice served.
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