A Word from the Product Defect Attorneys of our Law Offices on Mesothelioma & Asbestosis Due to Asbestos Inhalation
If you have recently received a diagnosis of mesothelioma or asbestosis from your doctor, you are likely to have several questions about your condition related to the causes of mesothelioma and asbestosis. Should you attempt to procure economic reimbursement through an insurance policy or seek the counsel of a trained attorney? What causes these conditions to occur?
The experienced attorneys of our Law Offices are here to give details on what mesothelioma & asbestosis are, what your legal rights entail, and how we can help you seek fair restitution.
What are Mesothelioma & Asbestosis?
Mesothelioma is a type of cancer that can develop from asbestosis. It takes its name from the mesothelium, which is a membrane that lines vital organs. It is this membrane that mesothelioma assaults when it is malignant. The following are three different types of mesothelioma:
Pleural mesothelioma – the most common form of this cancer, accounting for 70% of mesothelioma diagnoses. Pleural mesothelioma targets the pleura or lung tissue lining.
Peritoneal mesothelioma – targets the peritoneum or abdomen tissue lining
Pericardial mesothelioma – targets the pericardium or heart tissue lining
Asbestosis is a condition that targets lung tissue, causing it to become inflamed. It occurs as a result of inhaling asbestos fibers over time. It usually shows up after many years. The condition of asbestosis can also lead to mesothelioma.
How do Mesothelioma & Asbestosis Develop?
Inhalation of asbestos fibers over a long period of time is usually how mesothelioma & asbestosis are contracted. What is asbestos, anyway? Asbestos most often refers to one of six natural silicate minerals that have a long history of use as insulation due to their heat resistance and sound absorption. The use of industrial asbestos today has been strictly regulated or even prohibited in numerous countries because of the perils associated with the effects of its inhalation in humans over sustained periods of time. These perils include an increased risk of contracting mesothelioma & asbestosis.
There has been much debate over the hazards to human health posed by exposure to asbestos and subsequent inhalation of asbestos fibers. More recently, scientific research has pointed towards a causal link between asbestos inhalation and mesothelioma & asbestosis. Since asbestos has been used for so long, why did it take so much time to establish the connection? The primary reason is that it usually takes a lot of time, several years, or even decades, for the symptoms of these diseases to show up in people following exposure. Unfortunately, despite the growing concerns over the health hazards inherent in asbestos, numerous companies continued to make use of it in their industrial products. This use carries with it the potential to cause thousands of cases of mesothelioma & asbestosis. With approximately 10,000 deaths occurring annually from inhalation of asbestos fibers, asbestos lawsuits constitute the principal mass tort in the United States to date.
Let the Mesothelioma & Asbestosis Lawyers of our Law Offices Assist You
There are many intricacies inherent in a case involving long-term asbestos exposure or inhalation of asbestos fibers after a number of years. Regulations must be researched and asbestos companies must be investigated. The job is frequently too difficult a task for the inexperienced lawyer. Fortunately, the case law for asbestos lawsuits has been well-established. Nearly a million lawsuits have been filed.
Having an experienced mesothelioma & asbestosis attorney on your side is invaluable in attaining the financial reimbursement that you deserve. our Law Office has 20 years of experience in dealing with these types of cases. During this time, the amount of mesothelioma cases we have won is numbered in the hundreds. The companies primarily responsible in these cases are well aware of us, and will frequently settle out of court to avoid the legal battle that will otherwise ensue. For this reason, we are regularly able to secure economic compensation for our clients without the hassles intrinsic to dealing with a court case.
If you or a family member is currently suffering from mesothelioma due to the long-term inhalation of asbestos, call our Law Office to begin your free consultation. Let the mesothelioma & asbestosis lawyers of our Law Office help you secure the appropriate financial restitution that you are entitled to.
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In the hyper-vigilant environment, our country has found itself in since shortly after the attacks of September 11, 2001, contamination of food and drink products has been a very hot media topic. Those attacks put a spotlight on stories concerning packages that were shipped via U.S. mail that contained anthrax, packages that contaminated several news outlets and law enforcement offices.
As a reaction to these packages, the U.S. Food and Drug Administration, or FDA, enacted regulations that were designed to keep the food supply of our country from the potential of deadly contamination by terrorist entities. The program was well-intentioned and is a very positive step toward ensuring the safety of our food, but it does not address the more commonplace instances where our own food suppliers accidentally contaminate food.
There have been several news reports recently regarding E. Coli outbreaks in produce, as well as salmonella outbreaks in peanut butter. Annually, there are hundreds of food products that are recalled because of the negligence or carelessness of producers and growers right here in the United States. Companies are required by federal law to take steps to ensure that the design and manufacture of food products that are sold in the U.S. are safe for public use. When consumers are injured by products that are contaminated or unsafe, they have the right to take legal action against those suppliers in order to gain fair compensation for the injuries they suffer.
However, litigating these cases is best left to seasoned and skilled attorneys, because the companies responsible for producing tainted food or drink problems that lead to food poisoning usually have a cadre of lawyers of their own. Those lawyers know every trick there is to know regarding how to defeat your case or simply dismiss it outright or, at the very least, keep whatever settlement you receive at a bare minimum. There are also several entities that play a role in the production of a food item, such as a cut of raw meat, a piece of fruit, or a baked good, for example, from a raw state to a finished product ready for public consumption. This often makes it very difficult to ascertain the chain of responsibility, a task that is nearly impossible for either a legal layperson or an inexperienced lawyer.
Radio frequency identification, or RFID, technological advances have allowed the producers of food that have implemented them to track each and every piece of produce from the time of harvest to the time it is delivered to the store. This makes it significantly easier to contain contamination outbreaks and reduce the instances of food poisoning, but in no way does that mean these measures are foolproof. As disturbing as it may be to think about, food contamination can occur when workers simply fail to wash their hands after harvesting produce, or a worker in a bakery neglecting to put a carrot cake with cream cheese icing back in the refrigerator. Most E. Coli outbreaks – and this is harsh but true – occur mainly as the result of animal feces coming in contact with meat or other consumable products. You would probably think it would be a pretty easy process to make sure that animal waste does not come in contact with food, so if a supplier fails to do so that is typically a strong sign of negligence.
In a liability case concerning food poisoning, there can be multiple potential defendants. The food contamination lawyers with our Law Office are very familiar with thoroughly investigating the issues involved with food poisoning, and can help you clearly understand the parties against which you may be able to take legal action. our Law Offices has helped victims of food poisoning in the area for two decades and would like to help you obtain the fair restitution you have coming to you for the suffering you’ve had to endure.
The track record of our Law Office and our reputation for successfully litigating food poisoning cases in the courtroom can help bring you the leverage you need to make sure food producers are held accountable for the suffering you’ve experienced and to also make sure you get just compensation. We completely investigate each and every case we handle in an effort to make sure your case is as strong as it can possibly be. We are passionate and dedicated to helping you recover both financially and physically by getting the fair restitution you deserve.
If you have suffered due to ingesting a contaminated food item that led to food poisoning, please call the attorneys with our Law Office as soon as possible for a free and confidential consultation.
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What is a Personal Injury? What are my Rights in Texas? Am I Owed Compensation for my Injuries?
Everyone gets hurt from time-to-time, but what actually constitutes a personal injury? According to the state of Texas, any injury or harm done to a person’s body, mind or emotions represents a personal injury. The Texas Civil Practices and Remedies Code provides this definition and serves as a basis for explaining the rights and legal options afforded a personal injury victim to seek financial compensation.
Have you suffered a personal injury in Texas? Do you want to know what your rights are? The associates at our Law Office have compiled 20 years of experience trying personal injury cases, and we’re here to help you better understand your situation.
In most legal claims, personal injury occurs when one person is hurt due to the negligent behavior or indifference of another person. In Texas law, each individual has a responsibility to provide a minimum criterion of care for other people. When a person is injured due to someone else failing to maintain that standard of care, the injured party (plaintiff) can bring a lawsuit against the person (the defendant) whose actions or inaction caused the injury. When this occurs, the injured person cannot undo the injury, but he or she can seek monetary restitution for the harm done through a personal injury lawsuit.
You might think you know the law, but just knowing your rights does not prepare you to go to court and fight for them. You need an experienced lawyer who knows the tricks of the trade and how to build an effective strategy for getting you the compensation you deserve.
A plaintiff’s best course of action is to hire a seasoned personal injury lawyer to represent him or her in court or through the settlement process. An experienced lawyer knows how to make the defendant monetarily responsible for compensating the plaintiff for the complete extent of his or her injuries.
For example, Jon Doe is pulling off I-35 when a car on the access road fails to yield to his pickup truck coming off the interstate. The second driver clips the rear end of Mr. Doe’s truck and drives it into a guardrail. The force of the crash breaks Mr. Doe’s legs, but fortunately, he was wearing his seat belt, and the injuries are not life-threatening. He is rushed to the emergency room, but he must spend a week in the hospital, accumulating staggering medical expenses and then four months in double casts, making him unable to perform his job as a construction worker. Moreover, he has nightmares of the accident and is now uneasy about getting behind the wheel.
In this fictional example, the driver of the second car (the defendant) who failed to yield, clipping Mr. Doe’s truck, ignored his legal standard of responsible care by not operating his car in a way that was safe for the other drivers on the road. The defendant represents the proximate cause of the accident – he was 100 percent responsible for Mr. Doe’s injuries, and Mr. Doe is perfectly in his right to seek monetary compensation.
Mr. Doe hires an experienced Texas attorney who sues for medical expenses and lost wages. Mr. Doe’s legs heal, but he develops nagging pain in his back that is so severe that he can no longer perform simple construction tasks. Since Mr. Doe can no longer continue his career, his lawyer can seek damages for Mr. Doe’s lost potential income for the rest of his life. Additionally, Mr. Doe’s lawyer can seek restitution for the lack of sleep, fear of driving, and general emotional pain and suffering that the other driver’s negligence has caused. The process to receive just compensation is complex; however, and only an experienced lawyer can navigate all of the issues successfully.
Don’t Sign Anything
If your situation makes you feel like Mr. Doe, don’t worry. The first thing to remember is: don’t sign anything. The insurance company of the party that injured Mr. Doe does not want to justly compensate him. Insurance companies are in business to make money and not help people. They will send adjusters to talk to Mr. Doe immediately. They may even hire defensive attorneys to interview him in an attempt to prove that Mr. Doe was at fault for the incident. In most cases, they will even attempt to get Mr. Doe to sign away his legal rights to sue in return for a settlement. But what if Mr. Doe did not know at the time that he wasn’t going to be able to work? Any settlement he received immediately after the accident would grossly under-estimate the amount he was owed for lost future earnings.
For Mr. Doe, and you, if you have suffered a personal injury, the best course of action is to find an aggressive attorney as quickly as possible. The longer you wait, the harder your case is to prove.
Our team of seasoned and assertive attorneys can help you. For the past twenty years, we have helped people who have suffered personal injuries all over Texas. We will use our extensive knowledge of all facets of personal injury law to make the negligent parties pay justly. We have a proven record of success, and we know how to handle the most complex and intricate cases. Even something that appears run-of-the-mill like Mr. Doe’s case can spiral into a myriad of obscure legal principles.
At our Law Office, we know how to handle legal development in a personal injury case. If you have been injured by someone else’s negligence, make them pay. Call our personal injury lawyers for a free consultation as soon as possible.
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Fentanyl Attorney on Fentanyl Pain Patch Recalls
Of all the dreaded diseases that plague our society, cancer is one of the worst. It is a common ailment that people in United States are stricken with, unfortunately. Most people either know somebody who has been diagnosed with some form of cancer or they have been diagnosed with it themselves.
According to the American Cancer Society (ACS) more than a million people are stricken with the dreaded disease each year in the United States. That doesn’t include the twelve (12) million victims already living with the disease.
It used to be that being identified as a cancer patient, apart from the type of cancer, was no worse than being sentenced to death. But new technology, decades of investigation, and research funds have opened up new treatments for cancer that lead to remission. It’s the next best thing to a cure. Yet with so much focus on inventing a cure for cancer, the researchers have spent very little time on pain management with it comes cancer patients. That’s where Fentanyl pain patches come in. Fentanyl pain patches are used as pain management for cancer patients. Nevertheless, the product was recalled because it has been reported as a contributing factor in the deaths of and suffering of many people.
If you are suffering from a leaky Fentanyl pain patch, call the Fentanyl lawyers at our Law Offices today. We’re waiting to go over the options of your case. Your family could opt to file a personal injury lawsuit against the corporation which produced the leaky pain patch. But you should call to find out more. Your initial consultation is free.
Researchers say that victims of cancer suffer more than once: They suffer first due to their cancer cells being destroyed in the area of their body where the disease developed; and they suffer a second time because of the unbearable pain most patients experience. Although it’s not common knowledge, most people are living with an undetectable amount of cancer cells somewhere in their bodies. The term “cancer” just means there is the presence of deformed cells in a person’s body. The deformity occurs because most people don’t breathe in enough clean oxygen to help their healthy cells regenerate properly. It can happen when someone lives in a home with asbestos mixed in the building materials or they work in an old building with asbestos in the insulation. Or maybe they live in a smog-filled city and they don’t get enough exercise in the open air. So they don’t get enough oxygen for them to renew themselves normally. Cells that are cancerous also multiply in the body when you eat or drink too much white sugar. Cancerous cells feed on white sugar and it strips away the nutrition trying to replenish our healthy cells. Cancerous cells are unable to live in an oxygen-rich atmosphere. Cancer and oxygen are like oil and water: they don’t mix. The more clean air someone breaths the less cancerous cells can thrive. But when there is a lack of oxygen normal blood cells start to mutate. And those mutated cells start to regenerate. So, most people carry a small amount of cancer in their bodies throughout their lives. And that’s okay.
Cancerous cells will attack different parts of the body. And if it is not quickly diagnosed those cancerous cells start to destroy the organs that it attacks. If it’s colon cancer the patient might have to get a part of the colon removed. If it’s skin cancer the patient might have to have get a skin graft. It takes a microscope to see this cellular attack going on. But self-examinations and regular doctor visits can locate unnatural lumps underneath the epidermis. Just because a patient feels healthy today doesn’t mean cancer isn’t growing somewhere undetected in the body.
They say an ounce of prevention is worth a pound of cure. Still, twelve million victims find themselves living with cancer and anxiously awaiting a cure. And that could be considered as a good thing, except the longer patients live with the disease the pain makes it harder for them to operate normally. To help cancer victims withstand their aches medical researchers have approved and allowed the use of illicit drugs including marijuana, morphine, and Fentanyl in hospitals and by caregivers in hospices. While marijuana is known for its subtle effects, morphine is known as one of the strongest pain killers available. But Fentanyl is one hundred (100) times more powerful than morphine. And now it’s being used to treat cancer patients who are in chronic pain. Fentanyl is even used to deaden the pain of surgery patients and those in the Intensive Care Unit (ICU). The strength of the drug is indicative of the need for closer medical oversight when it is prescribed. But Fentanyl was approved for use in the privacy of patents’ homes. So, pharmaceutical companies created Fentanyl nose sprays, Fentanyl lozenges, Fentanyl inhalers, Fentanyl lollipops, and transdermal pain patches. But the patches have been a problem since day one, leaving more sickness and death in its wake. The Fentanyl patch has a leak in it that allows more of the Fentanyl to seep into the patients’ bloodstream during the three-day treatment than intended. It could cause patients to overdose and die. Hundreds of people complained to the Food and Drug Administration (FDA) concerning the number of patients who died from using the Fentanyl pain patch. And finally, after a few hundred victims had lost their lives, the FDA forced the drug company that manufactured the Fentanyl pain patch to issue recalls. Needless to say, some of those companies are in litigation over the faulty patch.
If you think your loved one died due to a leaky Fentanyl pain patch, contact the Fentanyl lawyers at our Law Offices today to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. You might also be able to file a class-action lawsuit and join other families affected by this faulty product. You won’t know if you don’t call. Your initial consultation is free.
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Fentanyl Recalls Go Back Seven Years
Fentanyl pain patch recalls have been going on at least seven years. Janssen Pharmaceuticals was the first company to issue a recall in 2004. At first, it was just one batch, called a lot or a group of products. A lot number is attached to every product that is made in bulk. Lot numbers assist manufacturing companies to audit and readily identify its inventory. But after the first batch of pain patches, the FDA and Janssen expanded the recall to include more lots.
Most people would shy away from a product that is plagued by problems. When a product like Fentanyl brings in millions of dollars company executives are too greedy to turn away from that. So other companies started to manufacture their own version of the Fentanyl pain patch. The Alza Corporation had to recall 32 million Duragesic patches in 2008 because they too leaked. Days after Alza’s vast recall, another company, Actavis, Inc., had a recall of fourteen lots of Fentanyl pain patches that it produced. It was the third recall in four years on the same product. Company executives pushed to keep producing the patches despite the problems. Only Alza halted production for a few months. But they resumed production in the summer of 2011. The profits must have been too much for them to ignore.
Fentanyl Brand Names and Alternative Delivery Systems
Like so many pharmaceutical drugs, Fentanyl is sold under different off-brand names. They include:
Abstral, a lozenge which is similar to a cough drop. It’s made by ProStraken, Inc.
Instanyl, a vapor nose spray which is produced by Nycomed, Inc.
Onsolis is applied inside the mouth and is made by Aveva Drug Delivery Systems
Actiq is a lollipop made by Cephalon, Inc.
Fentanyl is sold in different dose measurements with different strengths. Only the patch has been recalled. So if your physician has prescribed a pain patch to help suppress the pain of a cancer patient, call the physician or the pharmacist to get answers. Then if you need to speak with the Fentanyl drug lawyers at our Law Offices, do so today. Our firm has more than twenty (20) years of experience litigating these kinds of personal injury lawsuits. If someone you know has been the victim of a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Office today. Your initial consultation is free.
The side effects of cancer are bad enough without having to be concerned about the side effects of the drug meant to subdue the pain. Still, some side effects of Fentanyl include:
Cramping;
Anxiety;
Hallucinations;
Dry mouth;
Vomiting;
Rapid weight loss.
If the cancer victim has these signs plus seizures and irregular heartbeats, see your doctor immediately.
In addition to the leaky Fentanyl patches, patient advocates complained about what they call the misuse of the Actiq Fentanyl lollipops. These suckers have been prescribed to patients who have no sign of cancer. And some of those patients have been harmed because the lollipops were used to medicate them. This is a classic case of a product liability lawsuit. So if you were prescribed the Fentanyl lollipop and you have not been diagnosed with cancer, call the Fentanyl drug attorneys at our Law Office.
In their effort to make more money, some drug company executives blindly jumped onto the Fentanyl bandwagon. They saw their profits more than they saw a way to help cancer patients live more comfortably while living with cancer. So if you or someone you know has been harmed by the negligent behavior of your physician who prescribed the medication or the drug company that manufactured it, it’s your right to file a product liability personal injury lawsuit. The attorneys at our Law Offices can investigate your sickness and the medication you might be taking to collect evidence to build your case. But time is not on your side. Call our Law Office today for your free consultation.
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What Is the Statute of Limitations in Texas? Attorney Explains
In the State of Texas, there is a relatively small period of time following an incident whereby the plaintiff may file a suit or pursue other legal action against the defendant. The amount of time available is dependent on the type of case as well as several secondary factors. The deadline whereby the plaintiff loses the right to pursue legal action is known as the statute of limitations.
Generally speaking, the statute of limitations is 2 years from the date of the incident. The statute of limitations applies to the following cases accordingly:
General Personal Injuries – 2 years from date of injury;
Car Accidents — 2 years from the date of injury;
Work Accidents where Workers’ Comp is not present – 2 years from date of injury;
Wrongful Death – 2 years from date of death;
Product Liability Cases – 2 years;
Exception to the Statute of Limitations – Minor Child
The most common exception to the conventional statute of limitations is that of an injury sustained by a minor. Since minors are seen are not of age to make important legal decisions, The State of Texas extends the statute of limitations, regardless of the child’s age at the time of the accident, until 2 years from the date of the child’s 18th birthday. In other words, the count down does not begin until the child becomes an adult.
For example, if a five-year-old child is injured in a car accident, they would not lose the right to pursue legal action until the date of their 20th birthday.
The same extension of the statute applies to the wrongful death benefits or claim that a child is entitled to following the death of a parent. For example, if a construction worker is killed on the job and he has a 19-year-old child and a 15-year-old child, the eldest has two years from the date of the incident to file a claim, while the younger of the two would have approximately five years to file a similar claim.
Other Exceptions to the Statute of Limitations
Lack of Common Knowledge
In some cases, the statute is said to begin on the date that a reasonable person would have become aware of the injury. A perfect example of this would be an asbestos exposure/ mesothelioma case. In most of these types of cases, the victim was exposed to asbestos years or decades prior to the discovery that such exposure results in the deadly disease mesothelioma. Most victims of mesothelioma would go many years before they were diagnosed as having this disease. The law provides a special exception and the statute is extended and starts to run, on the date that the victim is diagnosed with the disease, even though the actual exposure happened many years before.
Extenuating Circumstances
If there is some compelling force that renders the plaintiff incapable of pursuing legal action, the statute of limitations may be extended. For example, if the victim is in a coma for the normal period of the statute of limitations, they may be granted an extension because they were incapable of filing a lawsuit while they were unconscious.
Establishing a Reasonable Standard
The term “reasonable” is often used in the legal world. If there are extenuating circumstances that would keep a reasonable person from starting a legal case, the statute can be extended. In the example above, the mesothelioma victim was given a drastically extended statute of limitations because it is perfectly reasonable to assume that they were unaware they were infected. Had that person been diagnosed with mesothelioma and then waited for 3 years to contact an attorney, it would not be likely that the statute of limitations would be extended because it is not reasonable for a person to wait that long.
Furthermore, ignorance is not an excuse. For example, if an accident victim did not know that he or she could file a lawsuit, that would not be considered reasonable in the eyes of the law.
There’s Always a Catch
With most things that sound appealing in life, there is always a catch. The legal world is not immune from this phenomenon. Although you technically have two years before the statute of limitations expires, waiting until the end of that two year period CAN RUIN YOUR CASE! The earlier a personal injury attorney gets involved in your case, the better the chances are of securing the maximum possible recovery. The longer you wait before you hire an attorney, the options available to the attorney will become fewer and fewer and it will likely hurt the value of your case.
So why is that exactly?
Contrary to popular belief, a trial is usually a last resort. A trial is generally considered as the “silver bullet” to be used if other measures fail to result in a fair settlement. Ideally, your attorney will have plenty of time to fully investigate your claim and gain a thorough understanding of all of the facts and circumstances involved which they can use to determine the best course of action. When the attorney has such an abundance of time, they are able to build a strong case in your favor and they can use the threat of taking your case to trial against the defendant while attempting to use alternative methods of resolution. With any trial, there is a substantial amount of risk for both sides since the outcome is in the hands of the jury who are perfectly capable of making an irrational decision. To recap, the attorney will best be able to serve you if they have plenty of time to try alternative methods of resolution while using the threat of taking the case to trial as a motivator to keep the defendants interested in resolving the case.
By waiting until the end of the statute of limitations, you are putting the attorney in a position where they have no choice but to file a lawsuit and proceed toward a trial. It’s a bit like waiting until the last few minutes of the game to send in your star player.
What’s Happening While You Wait to Speak to an Attorney?
While you may be waiting to make a decision, the defense side is already forming a case against you. This is simply a normal operating procedure in the world of legal defense. Any time there is a potential for a lawsuit to be brought against them, an insurance company, or other defendant will start preemptively building a case against the plaintiff, even if the plaintiff has not indicated that they are going to file a claim or lawsuit.
In many instances, you will not be able to find an attorney that is interested in your case once too much time has passed. It is always a good idea to at least talk to an attorney and get a no-obligation consultation just to hear all of your options and make an educated decision prior to letting your statute run its course.
You’ve got nothing to lose by getting some free advice, and everything to lose by not doing so.
You are Probably Damaging Your Own Case
Additionally, most plaintiffs unknowingly say things to damage their case any time they speak with the defendants or their insurance adjusters or attorneys. The sooner you get an attorney involved, the sooner you will be insulated from the tricks and deceptive practices used by the defendants and their insurance adjusters.
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An Explanation of the Various Types of Personal Injury Cases
In the state of Texas, there are three categories that all personal injuries fall into. They are Intentional Torts, Strict Liability, and Negligence. Any type of accident, be it a work injury, a car accident, or a product liability injury, will be classified as one of these three.
Each category has different standards and processes for obtaining compensation. The expert attorneys at Our Law Office are here to help you understand the differences and determine what type of personal injury you have suffered.
Negligence
Negligence is the most common of personal injury cases. Citizens have an obligation to adhere to certain laws, such as traffic laws, and practices. When they break these laws, by speeding for example and cause another person harm they are held legally responsible for the damages they caused. Texas law states that we are legally culpable for our actions and have a duty not to put another person in danger.
Proving negligence is not always as easy as pointing a finger and saying, “It’s your fault.” If you or a loved one has been hurt by another person’s negligent behavior, the attorneys at our Law Offices have 20 years of experience in helping victims get the compensation they deserve and bringing the guilty parties to justice.
Strict Liability
Strict liability often relates to faulty products or product liability injuries. When a company manufactures and distributes a product they are directly responsible for any injury incurred as a result of the use of their product. For example, if a car seat company makes a faulty car seat and a child is hurt because of it, the car seat maker is held liable and responsible for the damages. The manufacturer did not directly cause the injury, but as a result of their connection to their product, they are held to be at fault by default. The expert Personal Injury Attorneys at our Law Office can help you ensure that you receive the maximum compensation from a company after the use of their product brought harm to you or your loved one.
Intentional Torts
Intentional torts go beyond negligence in that the act that caused harm to the victim was intentional. Every citizen has an obligation not to act in such a way as to put another person in danger. If someone is injured as a result of someone’s failure to observe this duty, the victim can sue for personal damages.
Intentional acts of violence are often handled through criminal courts, but in the state of Texas, a victim can file a personal injury lawsuit as an intentional tort in civil court. If you or a loved one has been directly harmed by another person, you can seek compensation for the damages suffered.
The O.J. Simpson trial is the most famous example of an intentional tort case. Simpson was acquitted of the criminal charges relating to the death of his wife Nicole Brown-Simpson, but the family of Ms. Brown successfully filed a civil suit against Simpson. The family received a large settlement after the courts judged that Simpson had committed an intentional tort against Ms. Brown that brought about her death.
It is also important to remember that an intentional tort case is filed against an individual. Insurance policies do not cover intentional tort claims. For example, if you are hurt as a result of slipping on someone’s stairs entering their home, you could file a suit against their homeowner’s insurance. In the event that the actual homeowner deliberately hurts you, you can file an intentional tort against the individual but not against the homeowner’s insurance.
In either situation, it is best to get qualified legal counsel, such as the experienced lawyers at our Law Office can provide. We are proud to boast of 20 years of experience in successfully helping people get the justice they deserve after suffering a personal injury.
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Texas Personal Injury Lawyer Explains the Process of Subrogation
You may have heard the term subrogation and wondered what it meant. Sounds like something out of a spy movie, but the reality of subrogation has nothing to do with subterfuge. Subrogation is the process in which one insurance company receives recompense from another insurance company for funds spent related to a loss for its insured customer.
Commonly, people mistakenly believe that subrogation enables the injured victim to receive greater compensation, but that’s not the case. Subrogation doesn’t benefit or harm the injured party. It’s merely a means by which the insurance company can recoup expenses in relation to the victim’s loss.
Some people hold the misconception that subrogation is a means by which an injured party can receive just compensation through his or her own insurance carrier. That’s not the case either. Your insurance carrier has no more interest in helping you than the insurance company for the party who injured you does. The only way to get just compensation is to hire an experienced attorney to look out for your rights.
The Subrogation Process
Normally, the subrogation process follows one of two patterns:
An insurance carrier believes that another entity will have to repay them in the long run, so they will “front” for an expense and then subrogate to the other party for reimbursement.
An insurance carrier will think that it needs to pay for damages incurred by an injured party, only to discover at a later date that another party was negligent and should have paid the money, so they will subrogate to attain reimbursement.
While personal injury is likely new to you, chances are you’ve had to deal with car insurance. To illustrate the first example of subrogation: when you have an accident and your auto insurance policy pays for damage to your vehicle and a rental car as soon as the accident occurs even when the other party is at a fault. The other party’s auto insurance may take weeks to admit fault and pay for your damaged vehicle. In the meantime, how are you supposed to get around? Sometimes, your insurance company might even pay for repairs and then subrogate this expense to the other insurance company after the fact. The same principle holds true with a work-related injury. Often, your health insurance carrier will pay for medical bills, knowing that it can subrogate to the workman’s compensation policy when the time comes.
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The second example of subrogation can be illustrated by looking at a case where an insurance company is unaware that another party is liable for an accident, or in some cases, that another liable party even existed. Recently, our firm won a convoluted work injury case in which the injured victim was working for a temp agency. He was placed with another company where he was injured. The company that was borrowing the worker didn’t have workers’ compensation insurance, but the temp agency did. The temp agency acted responsibly and paid the worker to the tune of a six-figure settlement. However, our investigations later revealed that the other company was liable, and the workmen’s compensation insurer for the temp agency was able to subrogate the settlement against the liable party they previously didn’t know existed.
In most cases, subrogation neither hurts nor helps an accident victim. It’s just a way by which insurance companies divert the expense of paying benefits between each other. The only way an accident victim can be further victimized by subrogation is when he or she falsely concludes that they don’t need to consult with a lawyer because their needs are being met by subrogation.
If you’ve suffered a personal injury, and you have more questions about subrogation, call our Law Office today for a free consultation.
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In any personal injury lawsuit, the plaintiff must prove proximate cause. Proximate cause is the event without which the accident would not have happened – the sine qua non.
Proximate cause is not necessarily the first event in a series of events that led to the plaintiff’s injuries, nor is it necessarily the event that happened immediately before the injury. Proximate cause has to do solely with causing an accident. As an example, if a speeding motorist crashes into another car and the driver in that vehicle is injured, the speeding motorist’s reckless driving would likely be considered proximate cause of the plaintiff’s injuries. That is, if the driver had not been speeding, then the other driver would not have been hurt.
However, proximate cause is not always so straightforward, as there can sometimes be multiple proximate causes to an accident. For example, consider a theoretical case wherein a pedestrian is struck by a drunk driver. Obviously, the drunk driver’s reckless action (driving while intoxicated) is one proximate cause to the pedestrian’s injuries. But Texas law allows victims injured by intoxicated person’s to (in some cases) hold the bar or establishment that served the intoxicated person responsible for any damages that intoxicated individual causes. In other words, if a bar or other establishment serves a person to the point of intoxication, that bar is thereby liable for any damages caused by the intoxicated person’s actions. This means that the bar where the driver got dunk in our example would also be a proximate cause of the victim’s injuries, and he or she could bring a lawsuit against the bar as well through a dram shop cause of action.
Whenever our firm takes a case, we conduct a thorough investigation of the details surrounding your accident. We work hard to identify every possible defendant so that you can be fully compensated for your injuries. We have a proven track record, with twenty years of experience in all personal injury practice areas.
Insurance adjusters and defense law firms know who we are, and they often cooperate fully with our settlement demands, simply because they do not want to face our attorneys in court. In other words, we can get you back on your feet quickly so that you can get on with your life. So if you or someone you love has been injured in an accident due to another person’s negligence, contact Texas personal injury attorney today, and let us help you bring those responsible for your injuries to justice.
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Attorney Discusses A Victim’s Legal Duty to Mitigate Damages
Duty to mitigate damages may be a foreign phrase to you, but it’s an important concept to understand if you’ve been injured as a result of the negligent behavior of another person. When broken down into its parts, the phrase is easily understood. Duty means that a victim has a responsibility. Mitigate means to lessen. Damages, in the legal realm, refers to the financial losses that accompany an injury, such as medical bills or lost wages.
Together, a duty to mitigate damages means that an injured victim has a responsibility to lessen the amount of financial losses they sustain as a result of an injury. Such responsibility means that the victim must seek out proper medical attention within a reasonable amount of time after suffering an injury.
As an example of a victim failing to mitigate damages, consider Craig’s plight. Craig’s construction site co-worker accidentally cut Craig’s hand with a saw while the two were working to erect a new building. Craig did not think the injury to be serious, so he continued working. After a week, the injury had become noticeably worse, but Craig didn’t want to take time off from work. Another week passes and the hand has become discolored. Craig is in immense pain, so he finally sees a doctor, only to learn that the injury has become infected and he must endure an amputation. In such a dire instance, Craig would not be able to pursue legal action against a liable party for the full extent of his injuries since he did not take reasonable measures to seek medical help. In other words, he failed at his duty to mitigate damages.
The Notion of Reasonable Care in Regards to Mitigating Damages
Texas’ personal injury law does not require that a victim take unreasonable steps in the aftermath of sustaining an injury. For example, Craig would not have been required to seal himself off in a sterile room until his injury was healed as that would be considered an unreasonable effort. However, the law does state that reasonable steps must be taken by an injured victim in order to minimize the extent of their sustained injury.
Working to ensure that your injuries do not worsen is vitally important for two reasons: your health and your possible personal injury case. If you’ve been in any type of accident that may have resulted in an injury, it’s in your best interests to be checked out by a medical professional as soon as possible after the accident. Some injuries may not be readily apparent at an accident site, or even in the hours after an accident has occurred. Furthermore, some injuries can take weeks or months to develop. By getting checked out by a medical professional as soon as possible, you can work to ensure that a more serious condition does not develop in the future. Your health, after all, should never be risked by simply choosing not to seek proper medical attention.
Furthermore, should you desire to seek compensation for your injury from the parties responsible for causing it, you will have a legal duty to mitigate damages. If your injuries are allowed to progress to a poor state due to failure to seek medical attention, the amount of compensation you could receive from a liable party could be drastically reduced. If a jury is able to assess you with more than 50% liability for your injury, recovery of fair compensation may be completely denied. In these instances, a defense attorney is tasked with the burden of proof. In other words, this affirmative defense means that the defendant’s legal representation must be able to prove that you failed at your duty to mitigate damages. By seeking proper medical attention after an accident, such a claim cannot then be brought against you.
If you’ve suffered an injury due to the negligent behavior of another person or entity, be sure to seek medical help within a reasonable amount of time. Often, seeking medical attention as soon as possible is in your best interests. Should you have questions regarding your duty to mitigate damages so that your right to seek compensation is preserved, contact the attorneys at our Law Office today.
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Construction Accident attorney Discusses Denied Insurance Claims
Having to deal with an insurance company, unfortunately, often follows being hurt in an accident. Victims of accidents expect to be fairly compensated for their damages. This expectation conflicts with insurance companies’ overriding interest in their own profits. In two decades of representing injured individuals, our attorneys have helped countless people who have had their insurance claims unjustly denied.
While individuals sometimes make procedural errors that result in claims being denied, especially when trying to represent themselves, it is not at all uncommon for insurance companies to mistreat accident victims and deny meritorious claims. An insurance company may deny a claim citing obscure, unintelligible jargon, and tell you that there is nothing at all you can do. The truth is that insurance company denials can be and are overturned regularly. Our experienced attorneys and legal professionals have years of experience helping injured individuals reverse insurance company denials. We would be happy to help you determine whether or not you could have your insurance company denial reversed. Experienced attorneys are here to help you understand your options.
Our attorneys have experience helping individuals get insurance company denials reversed in many areas, including:
Auto Accident Claim: This kind of claim arises from a typical auto accident or car wreck involving passenger vehicles, such as a sedan or a pickup truck.
18-Wheeler Accident: An 18-wheeler accident is an accident involving a large commercial vehicle (as opposed to accidents involving only passenger vehicles).
Workplace Injuries: Any accident that occurs when you are on the job is a workplace injury.
Motorcycle Accidents: Motorcycle accidents involve one or more motorcycles.
Personal Injury Cases: This kind of case arises when a person has been negligent in their actions, or lack of actions, toward you.
Premises Liability: If you are injured on someone else’s property, you may have a claim for premises liability.
If you have been injured in any of these situations, but an insurance company has denied your claim or refused to compensate you for your injuries, our firm could investigate your case and determine whether we may be able to force the insurance company to reverse its denial and get you the justice you deserve. We also may be able to help identify additional parties who may be liable to pay for your injuries, so that you can be fully compensated.
How can your Law Office Help me if my Insurance Claim has Already Been Denied?
Insurance companies create their own rules for approving and denying claims. In many cases, their internal policies run afoul of applicable state laws and regulations. This means that insurance companies sometimes deny people’s claims illegally. Even if an insurance company’s policies are ostensibly legal, they are often unfair and unjust and leave injured individuals inadequately compensated for their losses. Our Law Office has years of experience taking on every major insurance company in the country. We go against insurance companies and carriers every day, and we know how they operate. We can use our expertise and knowledge to discover areas where insurance companies may be bending or even breaking state law in order to prioritize their profits overcompensating you for your pain and loss. We use this type of attack to compel insurance companies to reconsider and often reverse your denial.
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Additionally, we can quickly assess whether an insurance carrier is taking advantage of you. Often we can get insurance company denials reversed without even having to go to court. This is because the companies are aware of our reputation, experience, and expertise, and they would prefer not to face us in court in front of a jury if we are forced to sue them over their unethical behavior. To put it another way, our knowledge combined with our track record means that we have a lot of leverage with insurance companies when it’s time to negotiate your claim.
Our attorneys also investigate claims. Sometimes we can uncover additional details of which you or the insurance company were not aware, or did not fully appreciate. New facts and more complete interpretations can cause insurance companies to reverse themselves and approve claims they initially denied.
Let our Legal Professionals Help get Your Claim Approved
Your insurance company is not telling you the whole story if they say that your claim is denied and there’s nothing you can do. You don’t have to just take their word for it and walk away. The truth is they can reconsider your claim and change their minds. Our attorneys can help you get an insurance company denial overturned. We have twenty years of experience handling all types of denied claims, and we know how to negotiate with insurance companies so that they give you a fair settlement. Don’t let your uncompensated injuries fatten an insurance company’s bottom line. If you have been denied, experienced denied insurance claim attorneys would be honored to consult with you today to see whether there is anything he and his staff can do to help secure the justice and compensation you deserve.
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