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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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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, car accidents, 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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INSURANCE COMPANY SECRETS

10 Secrets Of Insurance Companies Don’t You Want To Know About

Insurance is a BIG BUSINESS; these companies are in business to make money. The less they pay to injured victims on claims, the more money they make! So you must understand how large insurance companies get out of paying you.

SECRET #1: MOST CASES REQUIRE AN EXPERIENCED ATTORNEY TO MAXIMIZE THE VALUE OF A CLAIM!
This probably sounds like an attorney trying to get more cases, but unfortunately, this secret is true! Insurance companies actively discourage you from getting a lawyer. They usually suggest that the attorney’s fee is a waste of money and you can do it yourself. Bottom line: The insurance companies have attorneys, and so should you.

SECRET #2: GET MEDICAL ATTENTION IMMEDIATELY!
If you’re in an accident, you must seek immediate medical attention. Victims are often in some form of shock after an accident. The shock can often mask serious injuries, and the injured will not feel any pain. Most people deny being hurt because they don’t want to make a “big deal” out of the accident. This is a trick the insurance companies use against them when settlement time comes. They claim, “If your client was hurt in the accident, why didn’t he or she go to the doctor immediately.” Don’t let them win this argument; get the medical treatment you need as quickly as possible.

SECRET #3: TIME IS MONEY!
One of the most important aspects of your claim is the evidence. The longer you or your lawyer waits to collect the necessary evidence, the harder your case will be to prove. The case’s value may be substantially reduced if this evidence is lost because you cannot prove your claim. Additionally, you may be barred from recovering any money if you wait too long. This is called the Statute of Limitations. Sometimes, you must put a party on notice, and these time limitations can be very short. The insurance company won’t tell you that they don’t want you to recover a dime!

SECRET #4: A PICTURE IS WORTH A THOUSAND WORDS.
You’ve heard it said, “A picture is worth a thousand words.” A picture can also be worth a thousand dollars or even more in injury cases! I always take more pictures than I need, taking pictures of everything relevant. When in doubt, take a picture. Good photographs can make a case. Take photos of your car and any scar or bruises that occurred as a result of the accident.

SECRET #5: WRITE DOWN EVERYTHING.
Documentation is a major key to keeping an insurance company honest. You must show proof if you want to get paid for an expense and other items you are legally entitled to recover. Many people let legitimate expenses fall through the cracks. But remember, not only does this get these items reimbursed, but it also shows just how seriously you were injured. This may give the adjuster a better idea of what happened to you.

SECRET #6: FOLLOW YOUR DOCTOR’S INSTRUCTIONS.
Make sure that you carefully follow your doctor’s instructions. Money cannot ever replace good health, so you want to follow your doctor’s advice and treatment plan. You want to recover from your injuries as quickly as possible. Your doctor will keep track of any missed appointments and deviations from his or her treatment plan. When we provide the medical records to the adjuster, they will be able to see these inconsistencies. Their philosophy is that hurt people get the help they need and follow through with it. So you can see how they may think you are not injured as seriously as you are if you do not follow through with your doctors and treat them consistently.

SECRET #7: INSURANCE ADJUSTERS ARE PEOPLE TOO. Remember that insurance adjusters are people, and people can be reasoned with. Insurance companies don’t want you to think of them as people, but that’s who runs these companies! They try to hide behind professionally-looking stationery, cold voicemail, and significant buildings. Still, when it all comes down to it, a person decides when and if to pay the claim and what amount to pay for your accident.

SECRET #8: ADJUSTERS TRY TO BE NICE TO YOU.
Sound strange? It’s true; adjusters try to befriend you and get you to take a small amount of money immediately, sign a release and send you on your way. This is taking advantage of people who may have serious injuries and are entitled to significantly higher amounts of money. If you have been offered a few hundred dollars to a couple of thousand dollars by the adjuster, you are in a dangerous place and should seek immediate counsel from a lawyer.

SECRET #9: THEY DENY LIABILITY. Insurance companies often deny claims that are real, substantiated, and factual. This is called a “bad faith” claim; until recently, insurance companies have never been called on this issue. They flat-out dent the claim and hope you will go away or get an attorney who is not very good. They are betting on the odds for which they have spent much money figuring out. It’s not fair, and you need to get a qualified attorney.

SECRET #10: SUE THEM!
They don’t want to have a lawsuit filed against them. But sometimes, the best thing to do is skip the insurance adjuster and the insurance company. What happens is you get the claim out of the hands of an adjuster and into the hands of the insurance company’s attorney. More often than not, these attorneys are easier to deal with, return phone calls better, and are more willing to see the case move along. They will take the matter to a jury trial and often settle before the jury returns with a verdict.

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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DOG BITES

According to the Centers for Disease Control and Prevention, nearly 2% of the U.S. population is bitten by a dog yearly. This translates
to almost 5 million dog bite victims per year, most of whom are children. If you or a loved one has been bitten by a dog and need to retain legal counsel, please contact us today. Our dog bite attorneys are experienced with dog bite information and litigation. Here are a few frequently asked questions about dog bites:

WHY DO DOGS BITE? There are many reasons why a dog bites. Dogs bite out of fear, to protect their territory, or to establish dominance over the person bitten. Some owners mistakenly teach their dogs that biting is acceptable to play behavior. Another factor could be how the owner has treated the dog over time. Lastly, it could be just due to dog breeds and genetics.

WHAT TO DO IF YOU ARE BITTEN BY A DOG:
1. Identify the dog that bit you and see if you can get the address to the house where the dog bite occurred. If it’s a stray, you could
end up having to get rabies treatments, which is very painful. However, suppose the dog belongs to someone. In that case, you may not
have to get rabies treatment, and you may be eligible for a personal injury lawsuit against the owner.
2. Get medical attention quickly because any delay in getting medical attention could affect your eligibility for a claim.
3. As soon as possible after you’ve received medical attention, focus on finding out as much as you can about the dog and the owner,
including whether or not the owner has insurance (homeowners, renters, commercial, or landlords insurance).
4. Have good pictures of your injuries on the attack date at reasonable intervals afterward.
5. Interview witnesses (if there were any) at the location of the attack, taking down names, addresses, and phone numbers of any
witnesses to the attack.
6. Contact us for experienced and qualified dog bite attorneys to represent you and help you with your claim.

CAN OTHER PEOPLE BESIDES THE OWNER BE HELD ACCOUNTABLE FOR A DOG BITE?
Landlord liability law differs from state to state. Some do not ever impose liability on the landlord. However, a landlord may be liable
for injuries and bites inflicted by dogs belonging to tenants and possibly others bringing dogs onto the landlord’s property. It all
depends on your state’s laws. As a dog bite victim, you may be entitled to damages and losses, ranging from medical bills and emotional
harm to failure of the opportunity to earn income in the future because of the injury. Only an experienced dog bite attorney can
determine if you are eligible for a lawsuit claim. State statute limitations apply, and you may have as few as 60 days to start your
claim.

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DOG BITES

Dog Bite Injury Law – Contact Us Today For a Free Consultation if you have been the victim of a dog bite or animal attack.
Serious dog bite injuries require a severe dog bite lawyer. To get the help of a dog bite attorney, please call us now. Whatever legal problem you have, our Texas dog bite attorneys want to help you. You can see us for free. Please get in touch with us now. You may be entitled to compensation for your injuries.

Dog Bites and Animal Negligence
Dog bites are dangerous, painful, and costly. The chances of being bitten by a dog in America are 2% every year. That means that every 40
people in the US, someone seeks medical attention for a dog bite. You may be entitled to compensation if a dog has bitten a dog or someone close to you. It is essential to consult with an attorney as soon as possible after the dog bites to preserve your rights in this matter. Legal responsibility for damages resulting in these attacks by dogs is generally considered under Personal Injury Law and
referred to as torts. A tort is a wrongful injury to a person or his or her property. Personal injury laws are enacted to prevent harm or to compensate for harm to a person or property. That harm or injury may include physical, mental, or financial damages. The bodily injury due to a dog or animal bite may even be secondary to the mental injury to a person who has been victimized to the extent of permanent scarring and disfigurement. Medical bills and loss of income due to dog bite injuries are examples of financial harm. Law recognizes a civil wrong, or a tort, as grounds for a lawsuit for damages or monetary compensation to injured parties. Damages may include both present and future expected losses. Considerations for actual liability in dog bite lawsuits are:

The owner of a dog or an animal is strictly liable for damage resulting from the animal’s trespass on land owned by the victim of a bite. The owner of a dog or an animal shown to be a prior danger is strictly liable for the injuries caused by the dog or animal.
The owner of a wild animal is purely responsible for harm arising from the dangerous characteristic of wild animals of its class.

Texas dog bite law, also referred to as Texas dog attack, Texas animal bite, and Texas animal attack, is a complicated legal system and difficult to understand. Our Texas dog bite lawyers and Texas dog bite attorneys can help you if you have been injured by an animal anywhere in Texas.

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EMPLOYMENT LAW

It does not matter if you are an employer or an employee; knowing as much as possible about employment law is vital. For an employer, it can help save you from lawsuits, and if you are an employee, it can help you know your rights and if they have been violated.

Regulations
You would be surprised how many rules and regulations there are for employers. For example, there are 100 statutory instruments, 25 statutes, 36 European directives, and 20 codes of practice, that is, over 181 regulations involved with employment law. It can become a little overwhelming for employers trying to follow everything by the book.

Contracts
Many do not know that it is not required to have a written contract of employment. When an employer has offered a job, and the employee accepts, an agreement has been created. Of course, it is in both parties’ best interests to have an actual written contract drawn up. If there needs to be a change in the contractual agreement, there will need permission from any party involved. There are many reasons for a change, such as a location switch, pay raise, job title, or hours. If either party disagrees on the changes, the contract cannot be changed.

Compromise Agreement
This is a legal document for terminating an employee’s job and means the employee revokes their right to file a suit or claim against the employer. This is given in exchange for the employer issuing a full and final settlement. There are also job loss situations due to the business deciding to stop trading, move to a different site, or a change in the need for the products or services provided.

Time Limits
There is generally a 3-month time limit on claims filed with the Employment Tribunal. This time limit begins on the day of an employee’s termination or the date the lawsuit was filed. However, exceptional circumstances allow a claim to be heard past the time limit. For example, the employee filing the claim was in the hospital, so the claim could not be made quickly.

Wrongful Dismissal
Some situations occur when employees feel the appropriate disciplinary process is not followed. Other cases involving certain circumstances leading up to the dismissal were not evaluated. These cases are justifiable for an employee to appeal their dismissal.

Monetary Limit
Many circumstances provide no limit to the compensation reward for matters such as age or race discrimination. Then other issues have a limit on the compensation received; each case is different.

Service Time
There are exceptional cases that require a specific time of service provided by the employee before they can file a claim. Discrimination cases have no minimum service time. Wrongful termination generally requires 12 months and redundancy 24 months for a claim to be filed.

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TRUCK ACCIDENTS

Truck Accident Lawyer
Collisions with Big Rigs – Tractor Trailer Accidents

Accidents with an 18-wheeler can be very different from a car wreck. We know that we must get critical information immediately, and even then, we may require the service of professionals who can reconstruct the accident factually. Being involved in an accident with an 18- wheeler tractor-trailer can result in serious injuries or death. We will work with you to ensure that your injuries, as in any accident, are documented. Our truck accident attorneys will do everything we can to get the justice you deserve.

There is so much involved when you are in a vehicular incident … all of which must be dealt with practically on the spot. We investigate these essential items (including obtaining 911 tapes, meeting with witnesses, interviewing the investigating officer, etc.) starting at the beginning.

Pain and Suffering
We know (as do insurance companies) that the pain and injuries resulting from an accident do not always show themselves immediately. Car wreck cases have their challenges, but our injury lawyers will handle your case with experience and assurance and promise that a successful result is imminent.

We only take cases involving severe personal injury. We are committed to your point and your satisfaction. We have a successful track record of success in the courtroom and negotiations. Insurance companies save money by denying, at worst, or delaying, at the very least, your claim. Their goal is always to pay you as little as possible. We won’t let them do that. We will fight for your damages.

Call Now for Your Free Consultation.

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WRONGFUL DEATH

Experienced Lawyers Serving Families In Wrongful Death Claims

Losing someone you love is never easy. When you’ve lost him or her needlessly because of the negligent actions of another, the grieving and personal recovery processes are even harder to go through. Close friends and family can help a great deal — so can experienced attorneys who can answer your questions and won’t let the negligence of those responsible go unchallenged. Let our family help your family. If you have suffered a severe injury, we can help you. Our firm has obtained verdicts and settlements of over $20 million for our clients.

Pursuing Compensation Through A Wrongful Death Lawsuit

Our firm represents families and individuals in the area who have lost people they’ve loved due to negligence involving car crashes, construction accidents, medical mistakes, and many other tragedies. Whether through negotiation and settlement or litigation at any level of our state and federal courts, we strive to maximize our client’s compensation and to help them get through this challenging process as quickly as possible.

Suppose a trial is necessary to secure fair compensation for emotional grief, pain and suffering, the loss of support and services, and other damages. In that case, you can feel confident in our ability to get results. Our firm uses sophisticated courtroom presentations and a well-developed network of experts, medical specialists, and other professionals to assist us in putting forward a clear and compelling story of what happened and why it happened to opposing counsel, juries, and judges alike.

FREE Consultation/No Recovery = No Fee/Se Habla Español

If you’ve suffered the loss of a loved one, call our wrongful death lawyers toll-free from anywhere in Texas or contact us via email for a free consultation. Our phones are answered 24 hours a day, seven days a week; convenient evening, weekend, and off-site appointments are available.

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PREMISES LIABILITY

Premises Liability

Shopping center owners, building owners, landlords, and homeowners must ensure their premises are reasonably safe and secure for all who enter. When an individual is injured due to negligent security that led to an assault, our Law Firm will represent the victim in a premises or security liability case and other serious injury claims. Our attorneys consult safety experts and security professionals to expose negligence on the part of retailers, apartment managers, and parking garage companies. We identify what should have been done to increase security, explaining to jurors standard practices and concerns that constitute best practices in the security industry.
Contact us today to arrange a free consultation about your specific case.

Some Of Our Premises Liability Cases

Our Law Firm has handled a wide variety of premises and security cases, including:
* A young man suffered severe injuries diving into an unsafe pool. Experts were consulted to establish the negligent condition of the pool, including a lack of proper depth warnings.
* An individual was severely burned in an explosion. Our expert determined the cause and origin of the explosion and established that the blast could have been prevented.
* We have also established the negligence of bar owners in several cases, including a sexual assault case in which a woman was assaulted on the premises of a bar, even though she was later taken to another location.

Our attorneys and staff thoroughly investigate and prepare the details in premises and security litigation cases. This preparation allows us to offer powerful representation for our clients.

Gathering The Evidence, We Need To Build Your Case

Premises liability and security litigation require skill and experience in understanding safety requirements, including local, state, and federal building codes, and understanding foreseeable risks, hazards, and safety procedures on both business and residential properties.
Our firm offers the resources and the commitment needed to prosecute complex cases through trial and, when necessary, fully appeals.
Successful litigation of premises liability and security cases often involves engineering, safety, and medical experts who can testify on issues ranging from the coefficient of friction for flooring, and construction design, including proper lighting and railings, to the level of police and security protection required in public places.

Give us a call today to arrange a confidential consultation with a lawyer about your case.

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WORK INJURIES

Injured On The Job

If you’ve suffered work-related injuries, you may have two possible sources of financial compensation. The first is a workers’ compensation claim you make through your employer. The second potential source of income would be a third-party claim if your injuries were caused by a person or company other than your employer or co-worker.

The personal injury attorneys at our Law Firm help workers injured by third-party negligence on a job site. If you or someone you know was hurt on the job and you know or suspect another company was at fault, call our law office to schedule a free consultation with an attorney.

Handling Any Third-Party Injury Case

Some workplaces are more likely than others to have third-party claims for workers injured on the job.
Construction sites employ many different work crews on the same job site.
Warehouse loading docks or businesses with a lot of delivery traffic can be the site of trucking accidents.
Any employee who drives for work may be involved in a work-related car accident caused by another driver.
Any business using manufacturing or industrial equipment, mainly leased equipment, can experience accidents due to defective equipment or rented equipment that hasn’t been adequately maintained.
We have a strong record of verdicts and negotiated settlements that have made a difference in the lives of many seriously injured clients.

Expert Resources To Prove Job Injury Cases

Our lawyers work closely with engineering, safety, and medical experts to demonstrate to insurance companies and juries how accidents occur and injuries result. Our courtroom demonstrations involve scale models, computer animations, and accident reconstruction exhibits. Computer simulations help juries understand how product defects have caused severe injuries or death.

CALL US TODAY

If you believe a third party caused your on-the-job injuries, call our law office toll-free or contact us online for a free consultation. Our phones are answered 24 hours a day, seven days a week, and convenient evening, weekend, and off-site appointments are available.
All personal injury cases are taken on a contingency basis; you will pay no attorney’s fees unless we can obtain a verdict or settlement on your behalf.

FREE Consultation/No Recovery = No Fee/Se Habla Español

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Commercial Litigation

In addition to personal injury, wrongful death, nursing home abuse, and medical malpractice claims, our Law Firm is actively involved in commercial litigation. Call us for a free consultation to discuss how we can help you.

In today’s business climate, there is a constant need for attorneys to protect the interests of innocent business entrepreneurs who are wronged by the actions of others. Insurance companies often avoid paying claims when legally obligated to do so. This can result in substantial financial losses to individuals and businesses. Not only do individuals and businesses suffer a loss from various business ventures, but often, insurance companies fail to fulfill their obligations resulting in a loss. When this happens, our Law Firm represents clients in pursuing claims against insurance companies or other responsible parties to protect those clients’ interests.

In one instance, our Law Firm represented a homeowner accused of setting his house on fire to collect insurance proceeds. The firm argued that the homeowner did not commit arson and was entitled to appropriate insurance benefits. The jury returned a verdict in agreement and ordered the insurance company to pay the claim.

In another case, a small business owner entered into a contractual relationship with a large corporate security firm to provide golf carts for use as security vehicles. After the small-business owner incurred substantial expenses in providing properly maintained golf carts, the corporate security firm attempted to cancel the contract because it negotiated a better deal with another company. Our Law Firm successfully represented David against Goliath and honored the contracts. The small-business owner received the proper compensation based on the terms and conditions of the agreement with the significant security company.

The business world is rough, and sometimes harsh results come from fair and proper business dealings. However, our Law Firm represents companies and individuals taken advantage of by improper or illegal business activity. If you feel cheated, misrepresented, or mistreated in a business or commercial matter, contact our office to review your contract and provide the appropriate representation.

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Action – Proceeding taken in a court of law. Synonymous with the case, suit lawsuit.
Adjudication – A judgment or decree
Adversary system – Basic U.S. trial system in which each opposing party can state his viewpoints before the court. Plaintiff argues for
the defendant’s guilt (criminal) or liability (civil). The defense argues for the defendant’s innocence (criminal) or against
liability civil)
Affidavit – A written or printed declaration or a statement under oath
Affirm – An appellate court’s assertion that the lower court’s judgment is correct and should stand.
Allegation – An assertion, declaration, or statement of a party to an action made in a pleading, stating what he expects to prove. Alleged – (allegation) Stated; recited; claimed; asserted; charged.
Answer- A formal response to a claim, admitting or denying the allegations in the lawsuit.
Appeal – Review of a case by a higher court.
Appearance – 1. The formal proceeding by which a defendant submits to the court’s jurisdiction.
2. An attorney’s written notification to the plaintiff stating he represents the defendant.
Arbitration – the hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to
accept.
At issue – The time in a lawsuit when the complaining party has stated his claim, and the other side has responded with a denial of the
the matter is ready to be tried.
Attorney at law- A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding.
Attorney of record – An attorney, named in the form of a case, who is responsible for handling the cause on behalf of the the party he
represents.
Bankruptcy – A legal proceeding where a person or business is relieved of paying certain debts.
Best evidence – Primary evidence; the best proof is available; any evidence falling short of this standard is secondary.
Brief – A legal document prepared by an attorney which presents the law and facts supporting his client’s case
The burden of proof – Measure of evidence required to prove a fact. The obligation of a party to probe points at issue in the trial of a
case.
Calendar – List of cases arranged for hearing in court.
Caption – The caption of a pleading, or other papers connected with a court case, is the heading or introductory clause which shows the
parties’ names, the court’s name, the case number, etc.
Case – Any proceeding, action, cause, lawsuit, or controversy initiated through the court system by filing a complaint, petition,
the indictment or information.
Caseload – The number of cases a judge handles in a specific period.
Cause of action – A legal claim.
Certificate under penalty of perjury – A written statement certified by the maker as under penalty of perjury. In many circumstances, it
may be used instead of an affidavit.
Certiorari – Procedure for removing a case from a lower court or administrative agency to a higher court for review.
Challenge for a cause – A request by a party that the court excuse a specific juror on the basis that the juror is biased.
Citation – Summons to appear in court. 2. Reference to authorities in support of a legal argument.
Civil law – All law that is not criminal law. It usually pertains to settling disputes between individuals, organizations, or groups and
involves establishing, recovering, or redressing private and civil rights.
Claim – The assertion of a right to money or property.
Clerk of the court – An officer whose principal duty is maintaining court records and preserving evidence presented during a trial. Code- A collection, compendium, or revision of laws systematically arranged into chapters, table of contents, and index promulgated by
legislative authority.
Commit – To lawfully send a person to prison, a reformatory, or an asylum. Common law derives its power solely from the usage and customs
of immemorial antiquity or the judgments and decrees of courts. Also called “case law.”
Comparative negligence – Negligence of a plaintiff in a civil suit decreases his recovery by the percentage of failure compared to a
defendant’s negligence.
Competency – In the law of evidence, those characteristics render a witness legally fit and qualified to give testimony.
Complaint – 1. (criminal) Formal written charge that a person has committed a criminal offense.
2. (civil) Initial document entered by the plaintiff states the claims against the defendant.
Contempt of court – Any act meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed
in the court’s presence; indirect hate is when a lawful order is not carried out or refused.
Continuance – Adjournment of the proceedings in a case from one day to another.
Corroborating evidence – Evidence that is supplementary to that already given and tends to strengthen or confirm it.
Costs- An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney’s fees.
Counterclaim – Claim presented by a defendant in opposition to, or deduction from, the plaintiff’s claim.
Court- 1. Place where justice is administered.
2. Judges or judges are sitting on the court administering justice.
Court administrator – Manager of administrative and nonjudicial affairs of the court.
Court commissioner – A judicial officer at both trial and appellate court levels who performs many of the same duties as judges and
justices.
Court of appeals – Intermediate appellate court to which most requests are taken from a superior court.
Court, Superior – State trial court of general jurisdiction.
The court, Supreme – “Court of last resort.” The highest court in the state and final appellate court.
Courts of limited jurisdiction – Includes district, municipal, and police courts.
Crime – Conduct declared unlawful by a legislative body and for which there is a punishment of a jail or prison term, a fine, or both.
Criminal law – Body of law about crimes against the state or conduct detrimental to society. Violation of criminal statutes is punishable
by law.
Cross-examination – The questioning of a witness by the party opposed to the one who produced the witness.
Damages – Compensation recovered in the courts by a person who has suffered loss, detriment, or injury to his/her person, property, or
rights, through the unlawful act or negligence of another.
De novo- “Anew.” A trial de novo is an entirely new trial held in a higher or appellate court as if the original problem had never
occurred.
Declamatory judgment – A judgment that declares the parties’ rights on a question of law.
Decree – Decision or order of the court. A final rule completes the suit; an interlocutory decree is a provisional or preliminary
decree which is not absolute.
Default – A failure of a party to respond promptly to a pleading; a failure to appear for trial.
Defendant – 1 (criminal) Person charged with a crime.
2. (civil) Person against whom a civil action is brought.
Defense attorney – The attorney who represents the defendant.
Deposition – Sworn testimony taken and recorded in an authorized place outside the courtroom, according to the court’s rules.
Direct examination – The questioning of a witness by the party who produced the witness.
Discovery – A pretrial proceeding where a party to an action may be informed about (or “discover”) the facts known by other parties or
witnesses.
Dismissal with prejudice – Dismissal of a case by a judge that bars the losing party from raising the issue again in another lawsuit.
Dismissal without prejudice – The losing party is
permitted to sue again with the exact cause of action.
Disposition – 1. Determination of a charge; termination of any legal action;
2. A sentence of a juvenile offender.
Dissent – The disagreement of one or more court judges with the majority’s decision.
Docket – Book containing entries of all proceedings in a court.
Due process – Constitutional guarantee that an accused person receives a fair and impartial trial.
En banc – “On the bench.” All judges of a court sit together to hear a case.
Enjoin – To require a person to perform, abstain, or desist from some act.
Evidence – Any proof legally presented at a trial through witnesses, records, documents, etc.
Exception – A formal objection of action of the court, during the preparation of a case, in refusing a request or overruling an
objection, implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.
Exhibit – Paper, document, or other object received by the court as evidence during a trial or hearing.
Expert evidence – Testimony was given by those qualified to speak with authority regarding scientific, technical, or professional
matters.
Fact-finding hearing- A proceeding where facts relevant to deciding a controversy are determined.
Fair Preponderance– Evidence sufficient to create in the minds of the triers of fact the belief that the party which bears the burden of
proof has established its case.
Felony – A crime of grave nature than a misdemeanor.
Fine – A sum of money imposed upon a convicted person as punishment for a criminal offense.
File – 1. The complete court record of a case.
2. “To file,” a paper is given to the court clerk for inclusion in the case record.
3. A folder in a law office (of a case, a client, business records,
etc.)
Fraud – An intentional perversion of truth; deceitful practice or device resorted to with intent to deprive another of property or other
right or in some manner do him/her injury.
General jurisdiction – Refers to courts that have no limit on the types of criminal and civil cases they may hear.
Superior courts – are courts of general jurisdiction.
Grand Jury- A body of persons sworn to inquire into crime and, if appropriate, bring accusations (indictments) against the suspected
criminals.
Guardian – A person appointed by a court to manage the interests of a minor or incompetent person whose property is involved in
litigation.
Hearing- An in-court proceeding before a judge, generally open to the public.
Hearsay – Evidence-based on what the witness has heard someone else say rather than what the witness has experienced or observed.
Hung Jury – A jury whose members cannot agree on a verdict.
Hypothetical question – A combination of facts and circumstances, assumed or proved, stated in such a form as to constitute a coherent
state of facts upon which an expert’s opinion can be asked by way of evidence in a trial.
Immunity – Freedom from duty or penalty.
Impeachment of a witness – An attack on the credibility of a witness by the testimony of other witnesses.
Inadmissible – That which cannot be admitted or received under the established rules of evidence.
Induction- Writ or order by a court prohibiting a specific action from being carried out by a person or group.
Informed consent – A person’s agreement to allow something to happen (such as surgery) based on full disclosure of facts needed to make
the decision intelligently.
Injure – 1. Hurt or harm
2. Violate the legal rights of another person.
Instruction – A judge gives directions regarding the applicable law in a given case.
Interrogatories – Written questions developed by one party’s attorney for the opposing party. Interrogatories must be answered under oath
within a specific period.
Intervention- Proceeding in a suit where a third person is allowed, with the court’s permission, to join the lawsuit as a party.
Judge – An elected or appointed public official with authority to hear and decide cases in a court of law.
Judgment- Final determination by a court of the rights and claims of the parties in an action.
Judge pro tem – Temporary judge.
Jurisdiction– Authority of a court to exercise judicial power.
Jurisprudence – The science of law.
Juror – Member of a jury.
Jury – A specific number of people (usually 6 or 12) selected as prescribed by law to render a decision (verdict) in a trial.
Law – The combination of those rules and principles of conduct promulgated by legislative authority, derived from court decisions and
established by local custom.
Law clerks – Persons trained in the law who assist the judges in researching legal opinions.
The lawsuit is a civil action; a court proceeding to enforce a right (rather than convict a criminal).
Lawyer – A person licensed to practice law; other words for “lawyer.” include attorney, counsel, solicitor, and barrister.
Lay – non-professional; for example, a lawyer would call a non-lawyer a layperson, and a doctor would contact a non-doctor as a layperson.
Lay advocate – a paralegal who specializes in representing persons in administrative hearings.
Leading question – One which suggests to a witness the answer desired. Prohibited on direct examination.
Limited jurisdiction – Refers to limited courts in the types of criminal and civil cases they may hear. District, municipal, and police
courts are courts of limited jurisdiction.
Litigant – One who is engaged in a lawsuit.
Litigation – Contest in court; a lawsuit.
Magistrate – Court official with limited authority.
Malpractice. Professional misconduct or unreasonable lack of skill. A claim of malpractice must prove two things. One, you must prove
that you could have won your case were it not for your lawyer’s negligence. And secondly, you must verify that your lawyer’s actions
were negligent.
Mandate – Command from a court directing the enforcement of a judgment, sentence, or decree.
Misdemeanor – Criminal offenses less than felonies; generally those punishable by fine or imprisonment of fewer than 90 days in a local
facility. A gross misdemeanor is a criminal offense for which an adult could be sent to jail for up to one year and pay a fine of
up to $5,000 or both.
Mistrial – Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury.
Mitigating circumstances – Those which do not constitute a justification or excuse for an offense but may be considered as reasons for
reducing the blame.
Motion – An oral or written request made by a party to an action before, during, or after a trial upon which a court issues a ruling or
order.
Moot – Unsettled; undecided. A moot point is one not settled by judicial decisions.
Negligence – The absence of ordinary care.
Oath – Written or oral pledge by a person to keep a promise or speak the truth.
Objection – Statement by an attorney taking exception to testimony or the attempted admission of evidence and opposing its consideration
as evidence.
Of counsel – Phrase used to identify attorneys employed by a party to assist in the preparation and management of a case but who is not
the principal attorneys of record.
Offender – 1. A person who has committed a felony, as established by state law, and is eighteen years of age or older.
2. A person who is less than eighteen but whose felony case has been transferred by the juvenile court to a criminal court.
Offer – 1. To propose; to present for acceptance or rejection.
2. To attempt to admit something into evidence in a trial; to introduce evidence
3. An “offer” in contract law is a proposal to make a deal. It must be communicated successfully from the person making it to the
person to whom it is made, and it must be the person to whom it is made, and it must be definite and reasonably confident in its
terms.
Omnibus hearing – A pretrial hearing is usually scheduled at the same time the trial date is established. The purpose of the hearing is to
ensure each party receives (or “discovers”) vital information concerning the case held by the other. In addition, the judge may rule
on the scope of discovery or the admissibility of challenged evidence.
Opening statement – The initial statement made by attorneys for each side, outlining the facts each intends to establish during the
trial.
Opinion – statement of the decision by a judge or court regarding a case tried before it. Published views are printed because they
contain new legal interpretations. Unpublished opinions based on legal precedent are not printed.
Opinion, per Curiam – Is a phrase used to distinguish an idea of the whole court from a statement written by only one judge.
Overrule – 1. Court’s denial of any motion or point raised to the court.
2. To overturn or void a decision made in a prior case.
Parties – Persons, corporations, or associations who have commenced a lawsuit or are the defendants.
Peremptory challenge – Procedure parties in action may use to reject prospective jurors without giving a reason. Each side is allowed a
limited number of such challenges.
Petition – Written application to a court requesting a remedy available under law.
Petition for review – A document filed in the state Supreme Court asks for a review of a decision made by the Court of Appeals.
Perjury – Making intentionally false statements under oath. Perjury is a criminal offense.
Plaintiff – The party who begins an action; the party who complains or sues in action and is named as such in the court’s records. They
also called a petitioner.
Plea – A defendant’s official statement of “guilty” or “not guilty” to the charges made against him or her.
Pleadings – Formal, written allegations by the parties of their respective claims.
Polling the jury – A practice whereby the jurors are asked individually whether they agreed and still agree with the verdict.
Power of attorney – Document authorizing another to act as one’s agent or attorney (not an attorney at law).
Precedent – Previously decided the case, recognized as an authority for determining future issues.
The preponderance of evidence – The general standard of proof in civil cases. The weight of evidence presented by one side is more convincing to the trier of facts than the evidence presented by the opposing side.
The presiding judge – Chief or the administrative judge of a court.
Probate – The legal process of establishing the validity of a will and settling an estate.
Proceeding – Any hearing or court appearance related to the adjudication of a case.
Record – 1. To preserve in writing, print, or by film, tape, etc.
2. History or a case.
3. The word-for-word (verbatim) written or tape-recorded account of all trial proceedings.
Record on appeal – The portion of the history of a court of limited jurisdiction necessary to allow a superior court to review the case.
Reasonable doubt – An accused person is entitled to acquittal if, in the jury’s mind, his guilt has not been proved beyond a “reasonable
doubt.” That state of mind of jurors in which they cannot say they feel an abiding conviction as to the truth of the charge.
Rebuttal – The introduction of contradicting or opposing evidence showing that what witnesses said occurred is not valid; the stage of a
the trial at which such evidence may be introduced.
Redirect examination – Follows cross-examination and is carried out by the party who first examined the witness.
Remand – To send back. A disposition by an appellate court that results in sending the case back to the original court from which it came
for further proceedings.
Reply – Pleading by the plaintiff in response to the defendant’s written answer.
Respondent – 1. Party against whom an appeal is brought in an appellate court. The prevailing party in the trial court case.
2. A juvenile offender.
Restitution – Act of giving the equivalent for any loss, damage, or injury.
Rests the point – When a party concludes his presentation or evidence.
Reversal – Setting aside, annulling, vacating, or changing the decision of a lower court or other body to the contrary.
Service – Delivery of a legal document to the opposite party.
Set aside – Annul or void, as in “setting aside” a judgment.
Settlement – 1. Conclusion of a legal matter.
2. Compromise agreement by opposing parties in a civil suit before judgment is made, eliminating the need for the
judge to resolve the controversy.
Settlement conference – A meeting between parties of a lawsuit, their counsel, and a judge to attempt a resolution of the dispute without
trial.
Statute – A law created by the Legislature.
Statute of limitations – Law, specifies when parties must take judicial action to enforce their rights.
Stay – Halting of a judicial proceeding by order of the court.
Stipulation – Agreement by the attorneys or parties on opposite sides of a case regarding any matter in the trial proceedings.
Subpoena – Document issued by the court’s authority to compel a witness to appear and give testimony or produce documentary evidence in a proceeding. Failure to appear or pay is punishable by contempt of court.
Suit – Any court proceeding in which an individual seeks a decision.
Summons – Document or writ directing the sheriff or other officer to notify a person that an action has been commenced against him in
court and that he must appear on a particular day and answer the complaint in such activity.
Testimony – Any statement made by a witness under oath in a legal proceeding.
Tort – An injury or wrong committed, with or without force, to the person or property of another, which gives rise to a claim for
damages.
Transcript – The official record or proceedings in a trial or hearing, which the clerk keeps.
Test – The presentation of evidence in court to a trier of facts who applies the applicable law to those facts and then decides the
case.
Trier of points – The jury or, in a non-jury trial, the judge or an administrative body.
Venue – The specific county, city, or geographical area in which a court has jurisdiction.
Verdict – Formal decision made by a judge or jury (trier of facts).
Willful act – An intentional act carried out without justifiable cause.
Witness – A person who testifies under oath before a court regarding what he/she has seen, heard, or otherwise observed.
Write – A unique, written court order directing a person to perform or refrain from performing a specific act.

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