legal 6/24/2020

Chances are you have recently been involved in a car accident and/or have been injured in such an accident requiring your hospital stays and missed wages from staying away from work while recovering. And now you are trying to find the best phoenix car accident lawyer to pursue a personal injury claim. Is this you? If so then you are in the right place.

However, fair warning, finding the right accident lawyers in Phoenix Arizona can make or break your case. You would need to find one that is experienced in auto accident cases and experienced in handling cases similar to yours. It is also important to choose one that you trust and is affordable OR will take on your case on a contingency basis, meaning you don’t pay unless you win. You need to be sure that you choose the lawyer who will best represent you in your auto accident case by looking at several factors. But before we go on, you must ask one important question, and that is: What is actually an auto accident attorney?

Phoenix car accident lawyer helps you get the money you deserve after a car accident
What is an auto accident attorney?
Auto accident attorneys are a type of personal injury lawyer that specifically handles automobile collision/accident cases. These can include:

Motorcycle or bicycle accidents
Multiple car crashes
Pedestrian accidents involving automobiles
Car collisions between 2 or more drivers
Truck/commercial vehicle accidents
And other types of roadway accidents
Automobile accident lawyers often have years of experience dealing with car crash cases. They may have specialized knowledge of certain car makes, different highway systems, and car safety restraint technology. They may also have a high degree of knowledge when it comes to certain type of car related injuries such as whiplash whether it is frontal or side,

What does a Phoenix car accident lawyer do in preparation for a case?
As a result of their specialized knowledge in these type of cases, they may:

Analyze the scene of an auto accident to gain evidence
Help clients understand personal injury and roadway laws
Review, process, and file court-related documents for trial
Obtain witness statements if there were witnesses involved
Negotiate with the opposing attorney and other parties such as insurance companies
Determining fault in the car accident with his/her specific knowledge of roadway laws
Moreover, some phoenix car accident lawyer are specialists when it comes to newer technologies, such as accident reconstruction computer technology. These can often help determine liability more accurately based on calculations of speed, road conditions, and other such measurements.

How can I find accident lawyers in Phoenix Arizona?
If you or your loved ones have been involved in a car accident in the state of Arizona and have been injured, you can find experienced accident lawyers in phoenix Arizona and learn immediately about preserving your rights and remedies. It may be in your best interests to hire one in the Phoenix area if you need help filing a lawsuit locally or near your home. Your attorney can help represent you in court and during negotiation and other court proceedings. You can use our local directory of top rated car accident lawyers to find them however, once you begin your search, you might want to interview with several lawyers depending on how they answer your questions. For more on what questions to ask, go to >> List of Questions To Ask An Auto Accident Attorney
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We know that a lawsuit cannot reverse the harm or loss caused by a serious motor vehicle accident. But it can yield money, securing a family’s future and providing for necessities such as medical care, home modifications, and lost income. And we also believe that when a family is kept in the loop as their lawsuit progresses, they are enabled to regain control of their lives following a traumatic event.

Our clients are the center of our work, and we commit to work in your best interest at every juncture of a motor vehicle accident lawsuit. We stay in frequent communication with our clients, providing regular updates and round-the-clock access to an attorney. We listen to your concerns and carefully answer your questions, tailoring your legal representation to your individual circumstances and needs.

Our attorneys handling New Jersey auto accident claims are different from the rest. Our goals are twofold: we aim to win monetary compensation for our clients, all the while providing excellent customer service.
Motor vehicle accident lawsuits may be filed for a wide range of collision types including car accidents, truck accidents, motorcycle accidents, bicycle and pedestrian accidents, school bus accidents, and boat accidents, among others. Outcomes of serious motor vehicle accidents include severe injuries, lifelong disabilities, and wrongful death. Survivors of vehicle accidents may require immediate medical care, long term hospitalization, complex surgical procedures, rehabilitative services, and a variety of medical devices and accessibility equipment.

Aware of the devastating impacts for families through no fault of their own that can result from a serious motor vehicle accident, our goal is to help our clients reassert control following a trauma, financially and otherwise. By combining extensive legal experience, expert advice, empathy and fortitude, we gain the best possible results for our clients. We know that money will not bring back a loved one or reverse a serious injury, but it can help to provide for lost income or the best medical care.

Our track record includes successes at every level of the court system, and we carefully consider the most effective strategy prior to filing each claim. To simplify and expedite the lawsuit for our clients, we aim to settle out of court when possible. However, we prepare each claim meticulously for court, relying on a team of expert consultants and cutting-edge 3D digital software to recreate the accident and create facts for your case. It is the work that we do to prepare a case for court that ultimately makes the case and allows us to frequently reach fair settlements out of court.

Car insurance companies often take advantage of a victim’s vulnerability, pressuring victims of car accidents to accept a settlement soon after the accident took place. In most cases, accepting an initial offer from an insurance company means taking far less than you deserve. While your instinct may be to accept a claim simply to move forward with life, you may find that you have much greater financial needs in the long run than you anticipated. The true cost of a motor vehicle accident includes not only medical expenses and the replacement of damaged property, but compensation for lost income, provision for children who lost a parent to a vehicle accident, and money to provide for long-term medical care and necessary home renovations to accommodate a permanent medical condition or disability. Through providing transparent communication and empathetic customer service to our clients, we alleviate much of the stress of a motor vehicle accident lawsuit.

New Jersey Auto Accident Injury Claims: Earning Your Trust
We are the first to admit that our field has earned a reputation that often makes it the butt of jokes. We go above and beyond to distinguish ourselves from such money-hungry firms by providing excellent and transparent customer service to each of our clients. Rather than taking your trust for granted, we continue to work to deserve it throughout the legal process. Please contact our firm to learn more about how we can work for you.

No Fees Unless We Collect for You – Contingency New Jersey Accident Attorneys Representation
Our New Jersey Accident Attorneys handle all Accident cases on a contingency basis. This means that we receive a percentage of your settlement or jury award, typically between 30 – 40 percent, but we receive nothing if we are unable to collect any amount for you. Such New Jersey Accident Attorneys contingency representation gives us the incentive to not only get the largest amount possible for you, but do so in the shortest amount of time possible. As your case progresses, we may have tens of thousands of dollars invested in it, giving our New Jersey Accident Attorneys great incentive to achieve the best result for you. The best result is often a combination of both the amount and time, and our New Jersey Accident Attorneys strive to achieve that for you. No matter how much money we have invested in your case, that will not become our primary concern – seeing that you get the settlement you deserve will always be our foremost consideration.
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This page features answers compiled by Accident Attorneys regarding concerns common to most New Jersey Accident claims. The information on this page serves as a starting point for learning about your legal rights. For more information and to discuss your case in detail, complete the contact form for a free, no-obligation case review with an experienced Accident Attorneys.

How do I know if I qualify to file a New Jersey Accident claim?
Generally, persons and families members of persons who have been harmed at no fault of their own will qualify to file a personal injury claim. This includes instances of dangerous drugs and medical devices, defective products, claims related to premises liability, and injuries sustained during motor vehicle accidents. Only by discussing the details of your case with you can we give you specific advice about your legal rights.

Is there a fee to have my Accident case reviewed?
Anyone who believes they may have grounds for a Accident lawsuit qualifies for a free case evaluation. Simply complete our contact form and one of the attorneys will contact you shortly to listen to the details of your situation, answer your questions, and give you their analysis of your case – completely free of charge and with no future obligation.

How much does it cost to file a New Jersey Accident lawsuit?
These personal injury attorneys work on a contingency basis, meaning there are no legal fees for their work unless they win compensation on your behalf. Throughout the legal process, clients have no out-of-pocket expenses.

What are the benefits of filing a New Jersey Accident lawsuit?
No lawsuit can reverse a serious injury or wrongful death. But New Jersey Accident lawsuits can win significant compensation for a victim and their family. We do not pretend that money equals justice, but money can make life easier to live. When a catastrophic injury takes place, it is difficult to project the long-term expenses a victim may accumulate, including medical care, rehabilitative services, lost income, necessary remodeling to accommodate disabilities, and other unforeseen costs. Filing a personal injury lawsuit is a step toward securing your family’s financial future and reestablishing control following a traumatic event.

What should I look for in a New Jersey Accident Attorneys?
Our New Jersey Accident Attorneys pride themselves on providing excellent legal services accompanied by superior customer service. We place our clients at the heart of our work, aware that alongside a New Jersey Accident lawsuit, families are coping with a variety of other circumstances related to the accident or injury. By maintaining clear lines of communication and operating with a sense of empathy for your circumstances, we enable families to regain control of their future.

What do your New Jersey Accident Attorneys do to earn a client’s trust?
From our first contact with our clients, which is usually a complimentary case evaluation, we endeavor to maintain clear, frequent and open communication. By keeping clients up-to-date on the progress of their case, answering questions as definitely as possible, and maintaining open lines of communication, we endeavor to earn and keep our clients’ trust throughout the legal process.

What time limits apply to my case?
Time limits vary depending on the type of claim. Complete the contact form to speak in detail with an attorney about time limits that may apply to you.

I don’t like the idea of suing. Why can’t I just accept an insurance company settlement?
Research shows that most American would rather not become involved in a personal injury lawsuit. Members of our industry are largely to blame for this sentiment, having developed a reputation as greedy and insensitive.

By choosing to accept an insurance company settlement, you are almost always short-changing yourself. Insurance companies are businesses governed by profit motives, and as such they will offer a lowball settlement at first in hopes it will be accepted. While winning compensation won’t reverse the damage that has been caused, it can help to make your family’s life smoother down the road.

We are the first to admit that our profession has a negative reputation, and we make it our goal to stand apart from other New Jersey Accident Attorneys by offering unprecedented customer service governed by empathy and care.

How can I expect to hear updates about my case?
As part of a strong commitment to clients, these New Jersey Accident Attorneys maintain frequent and open communication by providing regular status updates and being available round the clock by phone.

What are the chances of my Accident lawsuit to settle out of court?
It is impossible to project an outcome that is general to all cases, but these New Jersey Accident Attorneys do aim to settle out of court whenever possible. However, unlike many other firms, these lawyers provide each case meticulously for court. It is the work they do to prepare the case that often keeps Accident lawsuits out of court.

Can I handle the case on my own?
In some cases, individuals believe their case is so clear-cut that retaining an attorney is unnecessary. However, it is not the clarity or complexity of a case that determines whether professional legal representation is required. Winning cases does not always hinge on the strength of the case, but often on the attorney’s knowledge of the legal system. With experience at every level of the courts, these seasoned New Jersey Accident Attorneys will develop a careful strategy for your case.

What is my case worth?
It is impossible to assess individual cases without learning the details that govern the case. To learn more about your legal rights, complete the contact form for a free, no-obligation case evaluation.

No Fees Unless We Collect for You – Contingency New Jersey Accident Attorneys Representation
Our New Jersey Accident Attorneys handle all Accident cases on a contingency basis. This means that we receive a percentage of your settlement or jury award, typically between 30 – 40 percent, but we receive nothing if we are unable to collect any amount for you. Such New Jersey Accident Attorneys contingency representation gives us the incentive to not only get the largest amount possible for you, but do so in the shortest amount of time possible. As your case progresses, we may have tens of thousands of dollars invested in it, giving our New Jersey Accident Attorneys great incentive to achieve the best result for you. The best result is often a combination of both the amount and time, and our New Jersey Accident Attorneys strive to achieve that for you. No matter how much money we have invested in your case, that will not become our primary concern – seeing that you get the settlement you deserve will always be our foremost consideration.
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Working to make your insurance work for you
An injury from a motor vehicle accident not only impacts the life of the victim and the people around them. It also brings into play the victim’s car insurance company, as well as other policies that may be related. It might involve the medical insurance carrier, the responsible driver’s insurance provider, and possibly even the responsible driver’s employer’s insurance provider. How can you know for certain that you are tapping into all available coverage in order to obtain full compensation for you and your family? Only by enlisting the help of a law firm experienced in the reading and interpretation of insurance policies. Before you sign away your rights without the certain knowledge that all applicable sources of recovery have been identified, contact us. We will protect your rights of recovery from all appropriate sources.

Contact us at 414-289-0909 to schedule a free consultation about your rights. No fees until we win your case.
The attorneys at Domnitz & Skemp have over 35 years of combined experience in personal injury cases involving complicated health and auto insurance issues. We know how these companies work and how to obtain the appropriate compensation for you. Over the years, we have developed a solid track record of successfully negotiating settlements and litigating lawsuits. Contact our law firm to see what we can do for you.

Milwaukee Car Insurance Bad Faith Lawyers
When you get injured in an accident, you trust that your health or car insurance company will provide you the compensation you require. This is particularly important in cases where the responsible party is either uninsured or underinsured. In these situations, the ability to collect the damages necessary to move forward with your life is tied to your insurance policy, rather than the responsible party’s company. Unfortunately, it isn’t always the case that your own insurer treats you properly during the course of your uninsured or underinsured motorist claim. When your insurance company fails to cover what they are contractually obligated to cover, and they deny your claim without a reasonable basis for doing so, it may be insurance bad faith. We have been involved in some of Wisconsin’s most high profile bad faith cases. Through these experiences, we have learned how to analyze situations in which insurers attempt to treat their insurer inappropriately. Wisconsin law provides serious consequences for insurers who fail to live up to their responsibilities to their customers. If your claim against your own company has been wrongfully denied, you need help from our lawyers experienced in bad faith matters.

Insurance Dispute Resolution and Litigation Attorneys
Senior partner Merrick Domnitz is nationally recognized for his knowledge on bad faith insurance disputes and litigation. He is a frequent lecturer and commentator on the topic. He is often consulted by attorneys across Wisconsin and northern Illinois about these complicated insurance issues. From umbrella policies to excess coverage issues, he has the knowledge you need on your side.

Call 414-289-0909 to discuss the insurance issues related to your motor vehicle accident case.
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Anytime a car wreck occurs, the people involved have to deal with a fair amount of stress and confusion to go along with any pain they may be suffering as well. Often times, however, frustration and even anger can be added to the mix when victims have a difficult time obtaining compensation from those who are at fault. That’s why it’s so important that you speak with an Auto Accident Lawyer as quickly as you can.

Call Whether or Not You’ve Been Injured

If your car wreck did not result in any injuries, there is a chance that you may not need to talk to an attorney. As long as you and the other driver have exchanged contact information and the party at fault agrees to pay for any damage to your vehicle or property, there should be no need to obtain legal representation. On the other hand, if the other party is proving to be difficult in any way, then you should seriously consider talking to an Auto Accident Lawyer to make sure your rights are protected.

However, you should always hire an attorney if you or a loved one has been hurt in a crash. You may have to miss a great deal of work, which will result in a substantial amount of lost wages. There may be huge medical bills if your injuries are extensive. If this is the case, the other driver’s insurance representative will do whatever it can to minimize the amount of compensation you receive. As a result, you’ll need someone on your side who can investigate the wreck and uncover the evidence needed to prove your argument. If the insurance company does not provide you with a fair settlement offer and the case goes to trial, you’ll need an experienced attorney to represent you in front of a judge or a jury.

There are other ways that an Auto Accident Lawyer can help. For instance, if there is a dispute over who is at fault for the wreck, the event occurred in a construction area, or your insurer gets its attorney involved, you will need representation. These and other special circumstances will require the skill of a seasoned attorney in order to provide you with the best chance of obtaining fair compensation for the suffering and loss you have experienced.

What to Expect

You’ll want to talk to at least two or three attorneys to find the one you will be the most comfortable working with. You’ll share the details of your case with each of one, and he or she will let you know the strengths and weaknesses of your case. Don’t hold back any information – if you do, that could seriously damage your ability to win your case and get the money you deserve. And please, whatever you do, never speak to an insurance adjuster without an attorney by your side.

Get in touch with an Auto Accident Lawyer as soon as you can so he or she can get to work protecting your rights. The earlier this work begins, the more likely your chances of seeing a positive result in your case.

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Toronto Accident Lawyers, also known as Personal Injury Lawyers, cover a wide range of practice areas and services for our clients. No matter what kind of accident you have been involved in, we can help you receive the compensation you should get. Talk to us before you agree to any offer the insurance adjustor may be offering you.

Some of the areas our Toronto Accident Lawyers can help with are:

Slip and Fall Accidents: These are one of the most common types of accidents, people slip and fall every day. However, when the fall is due to the negligence of someone else and an injury occurs it becomes a case for a Toronto Accident Lawyer to handle. Talk to us!
Car Accidents: No matter how safe a driver you are or how carefully you follow traffic laws, there is a chance you will be involved in at least one car accident sometime in your life. Many car accidents are just fender benders, with no injury to the people in the cars. However, when the car accident is more serious and you, or a passenger in your car, is injured and requires medical care, the accident becomes something you should discuss with our Toronto Accident Lawyers.
Truck Accidents: This category usually refers to big trucks like delivery trucks, semi-trucks, or tanker trucks. Accidents involving these behemoths of the road often result in serious or even life threatening injuries.
Motorcycle Accidents: This is another type of accident that can result in catastrophic injuries. In this case it is not the size of the vehicle so much as the fact that it offer very little protection for those riding on it. If you have been injured in a motorcycle accident contact one of our Toronto Accident lawyers before accepting any compensation.
Medical Malpractice: This is possibly the most difficult type of accident to represent. Our Toronto Accident Lawyers have years of experience in investigating these types of cases and finding the proof of negligence. Don’t try to settle this type of accident on your own, the hospital or doctor will have a Lawyer representing them, you should as well.
Head Trauma or Brain Injury: Accidents resulting in this type of injury often meet special standards when it comes to the compensation allowed. These are often catastrophic injuries, this means that they are life-altering. There are times, with this type of injury, that the full extent of the damage is not immediately apparent.
Nursing Home abuse or neglect: This actually falls under the heading of medical malpractice because nursing homes provide medical care to the people living there. These are some of the saddest cases our Toronto Accident Lawyers have to deal with. Our elderly are placed in nursing homes to protect them. They should not have to suffer at the hands of those who provide their care.
Pedestrian Injuries: Pedestrian injuries could be the result of a slip and fall accident, a car accident, or any other kind of accident where someone walking was harmed.
If you have been involved in an accident resulting in an injury, contact our Toronto Accident Lawyers at (647) 693-8626 to schedule a FREE case evaluation. Accident Lawyers in Zayouna Law Firm can help you!

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Experienced attorneys advocate for injured riders and passengers
Any lawsuit stemming from a traffic accident hinges on the question of negligence. Proving liability can be a huge hurdle for motorcyclists, since many people, judges and jurors included, harbor negative preconceptions about motorcyclists. At Marcari, Russotto, Spencer & Balaban P.C., our Charlotte injury lawyers shatter stereotypes with clear, concise presentations of factual evidence. With more than 175 years of combined experience, our legal team knows how to build a solid case for the maximum level of compensation.

Surprising motorcycle accident statistics for Charlotte
Folks who view the Queen City as quaint or genteel are surprised to learn that motorcycle accidents are increasingly common in Charlotte. And, because motorcycle riders are so exposed, accidents often have serious, even deadly, consequences. According to the N.C. Division of Motor Vehicles, there were 3,893 motorcycle crashes in North Carolina in 2013, of which 154 were fatal and 3,167 caused an injury. This indicates that an injury or death occurred in more than 80 percent of all motorcycle accidents in our state over the course of the year.

Knowledge of the common causes of Charlotte motorcycle crashes
If you’ve had a motorcycle accident and are considering a personal injury lawsuit, our Charlotte lawyers can analyze your crash to make a preliminary assessment of fault. We have experience with a wide array of motorcycle accident scenarios, including:

Vehicles turning left — A left turn or a U-turn takes a vehicle across lanes of oncoming traffic. When drivers do not see an oncoming motorcycle, and move a car, truck or van across the oncoming lane, they create a T-bone scenario, where the bike smashes into the broad side of the turning vehicle.
Head-on collisions — This most deadly of crashes occurs when a negligent driver crosses the divide between opposite lanes of traffic.
Lane splitting — North Carolina law does not specifically address this practice that allows motorcycles to slice through slow-moving traffic. But bikers who are injured while lane-splitting must overcome perceptions that lane-splitting is always too risky.
Lane sharing — More like lane-encroaching, this is an inherently unsafe practice where cars attempt to ride alongside a motorcycle or pass within the same lane.
Speeding and alcohol impairment — The two major causes of any traffic accident strongly suggest negligence and liability for the accident.
Crashes with stationary objects — When a motorcycle hits a stationary object, such as a tree or a lamppost, the burden is on the biker to show that another driver or a hazardous road condition forced him off the road.
Road hazards — When road hazards cause accidents, the injured party must show that the entity responsible for maintaining the road was negligent for not properly dealing with the hazard.
North Carolina is one of the few remaining states with strict contributory negligence law. An injured party who shares even the slightest blame for an accident cannot recover any compensation. North Carolina does require motorcyclists to wear helmets, but failure to do so is not considered contributory negligence in a personal injury case. However, the possibility that a court could rule you ineligible for compensation makes your lawyer’s role even more urgent.

Contact a Charlotte motorcycle accident lawyer for the help you deserve
If you or a loved one has been seriously injured in a motorcycle accident, trust Marcari, Russotto, Spencer & Balaban P.C. to fight for your maximum recovery. We know how to build a compelling case for the compensation you deserve.

Call 704-579-5994 or contact us online today to schedule a free consultation.
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Auto accidents and other dangers of texting and driving
As experienced Charlotte car accident lawyers, we have represented many personal injury and wrongful death clients who have needed our services because of accidents involving texting while driving. The Charlotte auto accident attorneys at Marcari, Russotto, Spencer & Balaban P.C. present this information in the hope of dissuading you from texting while driving.

Texting is a form of distracted driving
According to the Centers for Disease Control and Prevention (CDC), more than 16 people are killed and 1,300 people are injured daily in auto accidents involving a distracted driver. Distracted driving is driving while doing another activity that takes your attention away from driving. CDC statistics unequivocally show that distracting activities increase the chance of a motor vehicle crash and the need for a North Carolina car accident lawyer.

There are three main types of distraction:

Visual — those that take your eyes off the road
Manual — those that require you to take your hands off the wheel
Cognitive — those that take your mind off what you are doing
Distracted driving activities include things like using a cell phone, texting, eating, drinking, and talking with passengers. While any of these distractions can endanger the driver and others, texting while driving is especially dangerous because it combines all three types of distraction. Texting takes the driver’s attention away from driving more frequently and for longer periods than other distractions, increasing the risk of an accident.

Texting and auto accident statistics
As these statistics indicate, texting and driving do not mix:

A study by Nationwide Mutual Insurance Company revealed that of the 1,200 drivers surveyed, 19 percent admitted to text messaging while driving.
CDC statistics show that more than a third of all drivers under age 24 regularly text while driving.
CDC statistics also show that texting is considerably more dangerous than driving while intoxicated. Texting is six times more likely than drunk driving to cause an accident.
The Virginia Tech Transportation Institute (VTTI) found that the act of sending or receiving a text message took drivers’ eyes off their driving for 4.6 out of each 6 seconds. This makes texting the most distracting of all cell-phone-related tasks.
VTTI statistics also show that texting while driving is at least 23 times more likely to get a trucker into an accident than non-distracted driving.
Texting and teen drivers
CDC statistics show that drivers under 20 years of age are the most likely to drive while distracted:

Nearly 13 percent of those under 20 admit to texting while driving.
Nearly 34 percent of teens ages 16 and 17 admit that they send and respond to text messages while driving.
Model safe behavior
Keep in mind that the driving habits of teenagers are highly influenced by the driving habits of adults. And since the CDC indicates that 48 percent of teenagers between ages 12 and 17 report that they have been in a car when the driver was engaged in text messaging, we are clearly not providing a model of safe driving to our children.

Particularly when your children are learning to drive, pay extra attention to your own driving behavior. Driving habits they might not have consciously noticed in the past now readily capture their attention when they are in the process of learning to drive.

Legal help from Charlotte auto accident lawyers
When you are the victim in an auto accident, whether as a result of texting or of any other type of negligent driver behavior, Marcari, Russotto, Spencer & Balaban P.C. can help.

Call us today at 704-579-5994 or contact us online to schedule a free consultation with a Charlotte auto accident lawyer.
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In the last decade, Charlotte, North Carolina has emerged as one of the most popular destinations for businesses and individuals looking to relocate within the United States. While the growth of the Queen City has enormous benefits, managing that growth presents challenges to city planners and residents, including how to cope with the increase in accidents that produce serious, life-changing injuries on almost a daily basis. At Marcari, Russotto, Spencer & Balaban, our personal injury attorneys serve Charlotte with the utmost concern and dedication. Our law firm has been recognized nationally for excellence, with attorneys who are skilled, attentive and accessible. You can trust our firm to aggressively pursue fair compensation for your losses.

Serving injured parties throughout the Charlotte metropolitan area
In 2014, the estimated population of Charlotte had grown to 809,958, placing it 17th among the nation’s largest cities. Greater Charlotte ranks 22nd among metropolitan areas, with 2,380,314 people in the immediate vicinity. It’s no wonder that Charlotte has started to suffer from big-city ailments such as traffic congestion downtown and along the major commuter routes: I-85, I-77, I-485 and I-277.

Charlotte accident statistics tell the tale
Like many large cities, Charlotte experienced a drop in traffic accidents and fatalities at the beginning of the Great Recession, but those numbers have rebounded with the economic recovery. The number of accidents in Charlotte plummeted in 2009 and remained low until 2013, when they returned to pre-recession levels. In 2014, Charlotte saw a nine percent uptick in surface-street vehicle collisions to 23,000, though fatal accidents actually decreased. It’s worth noting that these numbers do not include collisions on the interstate, which tend to be more serious. The Charlotte Department of Transportation blamed the increased time on the road for commuters and population growth, so it’s logical to assume these high numbers won’t be dropping any time soon. Under such circumstances, there’s no telling when you might need a skilled personal injury attorney to fight for you.

Most common accidents in Charlotte, NC
When it comes to motor vehicle crash cases, Charlotte has seen it all. But so have our attorneys. We have successfully managed most all types of personal injury cases:

We’ve worked hard to prove liability in cases of rear-end collisions, side-impact crashes and deadly head-on collisions. We’ve been successful obtaining monetary recoveries in hit-and-run, drunk driving, texting-while-driving, and traffic violation accidents involving injured motorists, passengers, pedestrians and bicyclists. We know how to use the evidence to your advantage and present a compelling case.

You can also trust our attorneys for a variety of other negligence cases, involving workers’ compensation, medical malpractice, slip-and-fall accidents, animal attacks or other incidents.

Charlotte attorneys who respond to your legal and emotional needs
A major reason for choosing Marcari, Russotto, Spencer & Balaban is our commitment to client service. To better serve our injured clients, we offer:

Free consultation
24/7 availability via toll-free calling or online chat
Travel to your location day or night, weekdays or weekends, if needed
Contingency-fee arrangement, so you pay no attorney fees until we recover compensation for you
Finally, North Carolina is one of the last remaining states that operate under strict contributory negligence law. A victim who is in any way to blame for an accident cannot recover any injury compensation. The fact that you could be ruled ineligible for compensation makes your attorney’s role even more crucial.

Find out how our injury lawyers help you obtain the coverage you deserve
If you or a loved one has been seriously injured, trust Marcari, Russotto, Spencer & Balaban to deliver dedicated legal service. We do everything in our power to maximize the compensation for your losses.

Call 704-579-5994 or contact us online today to learn more about how we advocate for you.
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Skilled lawyers advocate for victims of destructive crashes
As Charlotte has grown, the demand for goods has increased, which means more commercial truck traffic throughout the metropolitan area. As a result, commercial trucking accidents occur more frequently in the Charlotte region, with serious injuries and fatalities as the common result. If you or a loved one has been the victim of a big-rig crash, Marcari, Russotto, Spencer & Balaban P.C. is prepared to help. Our Charlotte accident lawyers act aggressively to investigate your case and assemble the evidence necessary to prove liability. With more than 175 years of combined experience, our legal professionals knows how to pursue the maximum level of compensation for your losses.

Truck accident statistics in Charlotte and North Carolina
According to the Highway Safety Research Center of the University of North Carolina at Chapel Hill, there were 1,507 crashes involving large trucks and buses in Charlotte in 2014, up from 1,289 crashes in 2013. However, fatalities declined from eight in 2013 to five in 2014. Statewide, there were 9,757 crashes in 2013 and 10,834 in 2014, producing 115 and 117 fatalities, respectively. Considering the growth in the Charlotte area, even the most optimistic among us would not expect to see much of a decline in the near future.

Common causes of truck accidents in the greater Charlotte area
The key to any accident lawsuit is to establish the cause with enough certainty to prove another person is responsible. Our lawyers have vast experience with different types of commercial truck accidents, including those that result from:

Inadequate driver training — Trucking companies often fail to vet new drivers or require refresher courses when introducing next-generation equipment.
Driver distraction — Commercial truck drivers are often just as prone to distracted behavior, including illegal cellphone use and texting while driving, as passenger vehicle drivers.
Alcohol or drug use — The bar for DUI is much lower for commercial drivers; the legal limit for blood alcohol content is 0.04 percent rather than the standard 0.08.
Exhaustion — Federal law limits the number of hours a commercial driver can be behind the wheel, but drivers often press for extra work and companies often fail in their oversight.
Improper maintenance — Trucking companies must maintain equipment at federal standards. Brake failure is a major cause of big-rig crashes.
Insufficient safety devices —As safety standards evolve, new devices, such as undercarriage guards, are required to prevent catastrophic accidents.
Excessive speed — A major factor in all vehicle accidents, speed is especially deadly for big-rigs since trailers need a much greater distance to stop safely.
Inattention to weather/road conditions — All drivers must take prudent measures to adjust to weather conditions, but caution is especially important for heavy equipment operators.
Not every truck accident is the trucker’s or the trucking company’s fault. Passenger car drivers often contribute to crashes because they don’t know how to safely share the road with commercial vehicles. If a court in North Carolina decides that you were in any way responsible for your crash, the state’s contributory negligence law could bar you from receiving any compensation. This strict approach to fault is another reason why you need a truck accident attorney with proven skill.

Contact a Charlotte truck accident lawyer for legal assistance
If you or a loved one has been seriously injured in a commercial truck accident, you can rely on Marcari, Russotto, Spencer & Balaban P.C. to fight for your maximum recovery. We’re determined to build a compelling case for the compensation you deserve.

To schedule a free consultation, call 704-579-5994 or contact us online today.
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What You Should Do to Find Out About Car Accident Law Firms Before You’re Left Behind
Accidents can lead to serious traumas and consulting a health care provider will allow you to know the degree of injury. It’s always more advisable to avert an accident if it’s in any respect possible. When you have been through an auto accident, whether your injuries are minor or catastrophic, you’re likely attempting to start the healing procedure and dealing with quite a few practical issues right now. How you manage a car crash is more important than you might imagine. Automobile accidents claim several lives each calendar year throughout the world. For those who have recently been engaged in an auto accident, then you’re probably wrestling with numerous questions.

Pick a PI lawyers dependent on the particular kind of injuries you have suffered. Other people today are left permanently disabled by an injury sustained during a crash, and might be unable to go back to work in any way. When you have any injuries from an auto accident, among the most critical things to do is schedule a visit with your physician whenever possible.

The attorney will access your case and permit you to know what he feels that you’re entitled to. An auto accident lawyer intends to get the utmost possible compensation because of his client. Luckily there are dedicated automobile crash lawyers and personal injury attorneys to safeguard our interests.

Now any attorney might earn a telephone call to attempt to negotiate a settlement. Benefits An auto incident attorney can provide you vital information regarding all elements of a crash you’ve been involved in, from the legal perspective. He will help you to get the exact quantum of compensation for your injuries, which is as per the law. Thus, it is crucial to get hold of a seasoned vehicle collision lawyer who can assist you.

Now, you shouldn’t be speaking about the way the collision occurred or who’s at fault with different drivers. Accidents can turn your lifestyle upside down. Even seemingly minor accidents can cause whiplash injuries. Speak to the very best lawyer you may find to aid you with any recent accident.

The attorney moreover should be very acquainted with insurance difficulties and strategies to track down all assets hat may be applied to a settlement or award. Furthermore, he will need to have sufficient experience to be able to determine the value of the claim. Besides a California workers compensation lawyer, you also have to consult a good, honest third party work injury lawyer which is also a California construction incident lawyer.

All About Car Accident Law Firms
Your car crash attorney is able to also assist you in finding medical treatment should you not own a medical provider or don’t have medical insurance. He, however, can be a wonderful source of information and support throughout the entire healing and litigation process. An auto accident lawyer isn’t going to charge you fees until you get payment for your case. Nevertheless, immediately after an auto accident, after all your physical injuries are treated, you should talk an auto accident attorney. Only a specialized vehicle collision attorney is able to truly help you when you’re involved with a more complicated case also.
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Characteristics of Bus Accident Lawyer
A crash can occur anytime, anywhere, causing serious and at times fatal injuries. Someone who is hurt in an automobile accident can employ legal counsel who will negotiate with the other drivers to establish who should cover the damage, and if needed, the lawyer will file a lawsuit. In the event that you were hurt in a car accident resulting from careless driver, our Dallas car accident attorneys can create a strong case for your benefit.

Understanding Bus Accident Lawyer
For those who have faced with a collision and going to deal with a lawsuit for that then you should have the optimal/optimally car crash lawyer fighting for you. Since a truck accident isn’t something people can miss on the street, you are going to be able to discover witnesses easily. In the event you were hurt in a truck incident, we will fight to get you the utmost compensation for your injuries.

If you’ve been hurt in an incident, contact us and we’ll offer you the information which you will need. Car and truck accidents comprise the bulk of private injury cases in america court system. Although automobile accidents are definitely the most frequent kind of accident on Philadelphia roadways, there are different vehicles that could cause or be involved in accidents.

People hurt in automobile accidents are also eligible for recovery for non-economic damages. If you’ve been involved in an auto collision, you might need to engage the services of a car crash attorney. Whenever you are hurt in an automobile accident, the insurance claims procedure may be an intimidating procedure, especially if you this is a first-time experience for you. If you’ve been in an auto incident, and somebody else is to blame, you’re going to be trying to find a plaintiff’s car crash attorney. Not every car crash results from a careless driver. When you have been hurt in a Georgia car collision, delay in obtaining legal representation may be a pricey mistake.

Choosing Bus Accident Lawyer Is Simple
Anyway, accidents aren’t restricted to trucks. In the event you or someone which you know is hurt in a traffic incident, you might be entitled to damages. Whenever you take part in a traffic crash, avoid getting your emotions are involved. Also, even when you are involved in minor accidents like traffic accidents regarding car collision, motorcycle crash, bike and bicycle collision, pedestrian collision or other more significant accidents like truck incident, bus crash or train crash, you won’t ever know what kind of personal injuries you may suffer.

There are many reasons to employ a car accident lawyer, rather than attempting to represent yourself. He can help you deal with the accident’s aftermath and get the compensation you deserve. Hence an Oakland car crash lawyer is also enjoying fantastic business nowadays.

You must not go for an auto accident lawyer just due to an advertisement. You must select an auto accident lawyer according to their merit. An auto accident lawyer is a sort of private injury attorney. It is advisable to hire an auto accident lawyer early to prevent any costly mistakes. A Phoenix car crash attorney will specialize in these kinds of cases.
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If you or somebody you love have been hurt in an automobile accident, you might be eligible for compensation for your injuries, medical costs, pain and suffering, wage loss, together with other general damages. After a car crash, you might think you know who caused it. When you have been in a severe car crash, contact us today! A person who is hurt in a car accident can employ legal counsel who will negotiate with the other drivers to pinpoint who should cover the damage, and if needed, the lawyer will file a lawsuit. Every car crash on the road usually involves injuries and damages, even for people that ride, so it’s always a good idea to seek the services of a knowledgeable and skilled attorney.

An auto accident attorney is only a phone call away. As an example, your car collision attorney ought to be well versed in state and national transportation laws, understand how to take care of insurance and wellness care businesses, and understand how to effectively prepare and settle a situation. No matter how serious a collision, you should talk to an automobile crash lawyer. Your car crash lawyer will examine these parts and could gather critical details on how the accident occurred. You’re going to be pleased to know our brilliant automobile crash attorneys are members of one of the nations best automobile crash attorneys law firm. You can be fairly compensated if you employ a skilled and practiced automobile incident lawyer. Should you be trying to find the very best car crash attorney in Los Angeles, you can get in touch with our firm now for a completely free consultation.

A Startling Fact about Car Accident Law Firm Uncovered
Many don’t understand that when there’s been an incident, the insurance provider kicks into high gear and goes to the website to immediately begin an investigation. There are various kinds of automobile accidents. When you have been hurt in an auto accident on one of Chicago’s highways, you want an experienced personal injury attorney to assist you recover full and reasonable compensation for many of your losses.

In case you were hurt in a truck incident, we will fight to get you the utmost compensation for your injuries. Car and truck accidents form the bulk of private injury cases in america court system. Whenever someone is in their very first car crash, they could be not certain of how to pursue compensation from those who resulted in the crash.

If you’ve been involved in an auto crash, you might need to engage the services of a car crash lawyer. If you’re in an auto collision, contact our law firm whenever possible. In case you have been in an auto incident, you should speak with a California car crash lawyer once you are able to. When you have been in an auto crash, your health is of extreme importance. Get in touch with us today at 1-800-505-1414 in the event that you’ve been injured owing to a car crash. For those who have been in a car crash in Washington, DC you should get in touch with a car crash lawyer quickly to make certain that you receive all the compensation to which you are eligible.
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Law Offices of Yasmine Djawadian APC

Many people are unsure what to do after they or a loved one has been involved in a serious motorcycle accident in the San Diego area. Our experienced San Diego motorcycle accident lawyers have helped numerous clients after being injured in motorcycle accidents. Being the victim of any motor vehicle accident can be traumatic, but motorcyclists are at much great risk of being injured seriously or possibly even dying. This is why motorcyclists need to take any accident they are involved in seriously and contact an experienced San Diego personal injury lawyer as soon as possible after an accident.

Our Experienced San Diego Motorcycle Accident Attorneys Can Help!
When looking for a local San Diego motorcycle accident attorney to represent you, make sure that they are well versed in the local area traffic laws and know how to establish fault for a motorcycle accident in San Diego, so your interests are best represented in court. Never go into a San Diego courtroom without an experienced San Diego motorcycle accident lawyer at your side. Our experienced San Diego motorcycle accident attorneys will ensure your legal rights are protected. Our personal injury lawyers will fight to negotiate the best possible motorcycle accident settlement.

Our Sand Diego motorcycle accident lawyer can help with the following:

Hire crash scene experts to determine exactly what caused the accident (if necessary).
Determine who was at fault for causing the accident.
Negotiate with insurance companies.
Provide referrals to medical practitioners.
File necessary documents with the courts.
Negotiate with other law firms.
Negotiate lawsuit settlements.
Provide trial representation.
San Diego Motorcycle Accidents Are Complex
Many motorcycle accident cases are more complex than they appear at first this is why it is important to have an experienced San Diego motorcycle accident attorney fighting for you. Finding a good motorcycle accident attorney in San Diego, CA can be difficult. But, our law firm has the experience, knowledge, and dedication to ensure your legal rights are protected after a motorcycle accident.

Our experienced San Diego personal injury attorneys are aware of the highway and general traffic laws, as well as experience with the local court system. Without this kind of expertise, your chances of a successful motorcycle accident settlement could be diminished. If you have been injured in a motorcycle accident, you also need to consider how you are going to pay for your medical bills, lost wages, court costs, and other ways that your life may be impacted by the motorcycle accident. Our dedicated team of accident attorneys will help with all aspects of your case, including negotiating medical bills, negotiating with insurance companies, and representing you at trial if needed.

Contact Our Local Personal Injury & Motorcycle Accident Attorneys Today 619.430.4092
What you do after a motorcycle accident in the San Diego area is very important. You need to contact a dedicated San Diego motorcycle accident attorney that has experience in motorcycle accidents to represent your legal interests as a motorcyclist. It could be one of the most important things you ever do to ensure your legal rights are protected.

Contact our San Diego motorcycle accident attorneys today. We can deal with insurance companies, medical facilities, doctors and other lawyers, and you can focus on resting and recovering from your motorcycle accident.

Typical Process After A San Diego Motorcycle Accident
In case you have been injured in a San Diego area motorcycle accident, you have a right to claim compensation. The process of filing a personal injury lawsuit may seem complicated, but it is quite simple. The following article seeks to guide you on the aspects of filing a personal injury lawsuit.

Seek Medical Attention
The first step you need to take when injured in a San Diego motorcycle accident is to go to the hospital. If you fail to visit a doctor after the accident, the judge or jury and insurance adjuster will be forced to assume that you did not get hurt.

Make a Complaint
The next step in a personal injury lawsuit is to claim what the other party responsible for the accident did. After you have filed the complaint in court, you should find the insurance company or the other party (defendant) and physically make the complaint to them in a manner that you can prove later in case they claim that they were not familiar with the lawsuit.

Pre-Trial Phase
During this phase, both parties will inquire information from each other, a period known as discovery. During the early stages of the pre-trial phase, the parties might appear before a court to inform the court of the progress of the case.If the one responsible for the accident is insured, there is a chance of reaching a settlement offer. The insurance adjuster gathers all documentation related to the accident such as expenses incurred, witness statements, traffic collision records, medical records, proof of lost wages and documents showing the permanent injuries you have suffered.

The insurance company proceeds to make a liability determination, and a settlement range is at this moment established. The insurance company should respond to a personal injury claim within 40 days from the time they received the claim according to California’s Fair Claims Settlement Practices Act.

If you accept the offer made by the insurance company, the case will be over. You will be required to sign a release before receiving compensation. If you do not accept the offer, you can proceed to trial against the person who caused the accident (defendant).

Trial Phase
The case goes to trial after the discovery process has gathered sufficient information and when a settlement fails. A Trial could last for several days. During a trial, either a jury or judge will decide if the defendant has a case to answer and how much they should pay in damages. After the trial, either party may appeal the decision. If the appeal period is over, the defendant is supposed to pay the amount in damages that was established at the trial or following an appeal.It is likely that you could choose not to hire a lawyer to assist in personal injury case. However, compensation cases are complicated and especially when the stakes are very high, and the opposing party has a lawyer, it is wise to have an attorney. Moreover, in most cases, attorneys offer their services based on a contingency fee- they will only charge you if you get compensated. In the light of these facts, you ought to consider hiring our dedicated San Diego motorcycle accident lawyers to represent you in a personal injury lawsuit.
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legal 1/14/2020 33.) Wrongful Death – gtg

On-the-Job Wrongful Death Lawsuits and Texas Workers’ Compensation Insurance

Work-related fatalities involve specific Texas work injury laws. And about half of these tragic work-related events might involve workers’ compensation insurance, in which case your beloved family member’s employer status relative to workers’ comp must be quickly established when planning any wrongful death civil action. An employer covered by workers’ comp in Texas is immune to lawsuits, with one particular exception. If a worker is killed due to gross negligence by their employer, a wrongful death lawsuit can be brought against that employer.

A Texas wrongful death lawyer’s experience with both wrongful death cases and fatal work accident cases is a vital element when seeking compensatory justice against such a negligent employer. But the standard of proof is quite high if you are to establish a subscribing employer’s clear guilt of gross negligence. In the event that an employee dies while working for an employer protected by workers’ comp in which the employer only exercised standard negligence, a bereaved family can seek direct compensation for their loss only through the workers’ compensation insurance policy. But that amount is not likely to fully reimburse family members for the total lost income, or other damages from the fatal accident.

This is where the fatal work injury attorneys with our Law Firm begin to quickly investigate the accident in order to find other liable parties who may have been involved in some way, even if it was not overt, in contributing to the accident. This “third party” involvement is quite common in fatal workplace accidents. In instances where multiple parties bear liability for the death of a worker, a bereaved family may be able to seek compensation through a wrongful death lawsuit against every one of the “third” liable parties, in addition to filing for compensation through the workers’ comp policy that is carried by your family member’s employer. But there are also times when fatal injury accidents in the workplace are caused by defective products or machinery, which exposes the manufacturers to a possibly defective product lawsuit.

All of these issues can be quite challenging for those with little to no legal experience. But a well well-trained and experienced wrongful death attorney with our Law Firm is ready to use all his knowledge and skill to work for you so your loved one will not have died in vain.

Contact our wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and you allow your deceased loved one to finally rest in peace.

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The Daunting Challenges Posed by Medical Malpractice Wrongful Death Civil Actions

Medical malpractice is another sub-category of wrongful death lawsuits. However, recent tort reform in Texas has made it significantly more difficult, but not impossible, for wrongful death survivors to win legal compensation through a malpractice lawsuit. While tort reform was intended to prevent frivolous lawsuits from tying up our state’s court system, it also made it very complicated for legitimate malpractice plaintiffs to win compensation from negligent medical professionals. And if that wasn’t enough of a challenge, damage caps now exist on amounts that may be recovered against one single medical malpractice defendant.

This means that a bereaved family may not be able to secure a fair compensation amount for their loss that is truly commensurate to their actual incurred damages if their lawsuit is limited to one offending healthcare provider. And though damage caps and other complications surrounding medical malpractice do make it more difficult to win fair judgments, there is still a way for families of those who have suffered wrongful death to recover fair recompense Like with on-the-job wrongful deaths, When we investigate a malpractice claim that has resulted in a wrongful death, we work to identify all liable parties. So if there are three identified defendants, the likelihood of receiving a more appropriate total compensation amount is much better.

We also must share with you the fact that many attorneys no longer accept plaintiff medical malpractice claims or cases because of their challenging nature in the wake of recent tort reform, in addition to the many complicated technical aspects often involved in such wrongful death lawsuits. But our Texas wrongful death lawyers are familiar with all of the intricacies that come with medical malpractice cases. And we are fully prepared to help you seek full, fair and proper compensation for your family’s loss due to the negligence of a medical professional that led to the untimely death of your loved one.

Contact our wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and you allow your deceased loved one to finally rest in peace.

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You, Will Face Many Challenges When Pursuing Wrongful Death Civil Action

Most wrongful death lawsuits begin with survivors filing a claim against a defendant’s liability insurance policy. Since wrongful death often results in a large number of damages being incurred by both the decedent and the decedent’s family, the insurance coverage that is likely to pay these damages from a wrongful death lawsuit may be worth a very large amount of money.

This is why an insurer that holds such a large policy will likely do whatever it can to avoid being held financially responsible for paying out such a sizable sum. This coldhearted behavior, even if the evidence clearly proves the insured party was negligent in causing the wrongful death rarely changes; regardless of the bereaved family’s obvious need for proper compensation. This is a prominent reason why your wrongful death case requires aggressive legal representation in order to work against a liable party’s insurer.

These insurers (along with their adjusters and the lawyers who defend the insurance companies in court) typically attempt to pass the blame for a fatal accident onto any other party that may have been involved in the accident. They will even resort to calling your loved one’s actions, or lifestyle, into question in the hopes of having the claim completely denied. Unless you and your Texas wrongful death lawyer have meticulously built a strong case with relevant evidence that can speak on your loved one’s behalf, an insurer may be able to wiggle out of liability for a fatal accident and get them off the hook of paying no compensation whatsoever. This means justice against the insured negligent defendant who is denied, and he too is off the hook for the accidental death of your loved one. With over two decades of experience in taking-on these types of insurers, our Law Firm is well-acquainted with their methods and tactics and knows how to counter every one of them. This means that you’re treated fairly by the insurance companies that have no interest at all in anything other than keeping their money.

Additionally, as we’ve already told you, the longer you wait to contact an experienced local wrongful death lawyer, the more harm you may unintentionally be doing to your case. Evidence can disappear, or can even be removed by those who wish to avoid being held accountable for their actions. Witnesses can become increasingly difficult to track down. Or they may forget critical details in connection to the fatal accident. Or they may have been “encouraged” by defendants to forget, or they might disappear altogether. This is why it is critical for investigators to be on the scene of a fatal accident as soon as possible after it has occurred, which is why it is equally important that you not hesitate in calling a Texas wrongful death lawyer if you want to build a strong legal case toward fair compensation for your loved one’s wrongful death..

Contact our wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and you allow your deceased loved one to finally rest in peace.

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Texas Statute of Limitations in Wrongful Death Legal Actions

Time itself can also be a challenge to wrongful death lawsuits. For instance, the statute of limitations for a Texas wrongful death lawsuit is two years from the date of death. While this timeline can be extended in certain situations surrounding gross negligence, or if criminal charges have been filed against the liable party, a victim’s family most often only has two years to seek legal action against that defendant. While this may sound like a long time, it really isn’t, when a thorough investigation must be conducted. It is not unusual for a full investigation to take as long as a year in some circumstances, or if there is a large number of liable parties who must be investigated before determining which ones are truly liable. In addition, all defendants need to have their assets researched in order to assure that they can pay the damages they will owe you and your family once they have been judged to be guilty.

However, there are some exceptions to this statute. But they all involve unusual circumstances. Below is a brief explanation of some of them.

A wrongful death claim on behalf of a minor child can not begin until the child is of legal age. The two-year statute of limitations, therefore, does not start to count down until the child’s 18th birthday. For example, if a 15-year-old child lost their father in a work-related accident, that child’s claim would be extended until two years after they are of legal age (their 30th birthday). Generally, a minor child has no legal standing to file any civil suit in Texas until they turn 18. There are is an exception where a minor child’s case can be heard before he or she is of legal age. A parent can file a civil case on behalf of the child. But the court will appoint an ad litem (a non-biased, third-party attorney) who will review the terms of the settlement or jury verdict to determine that the resolution was fair and in the best interest of the child. This keeps family members and other parties from appropriating the child’s damage award for their own interests.

Texas wrongful death cases are subject to the “discovery rule” which states that the two years do not begin a reasonably prudent person would have known that they had a cause of action. A perfect example if such differences would be to compare a fatal construction accident injury and a fatal injury in a pharmaceutical case. Liability in a construction accident usually doesn’t take very long to determine if someone’s negligence leads to the death of a loved one since the discovery process (investigation) begins relatively quickly.

However, imagine that someone takes a prescription drug for a long period of time and dies due to complications from that drug. Then, a few years after this death, it is determined that the drug was defective and caused that loved one’s death. One of the decedent’s family members – typically the spouse – would more than likely be able to file a claim even though the standard two-year statute of limitations window had closed. The idea behind this is that the plaintiff did not know that they had a case until years later: which rightfully extends the statute.

In cases where the defendant deliberately concealed involvement in wrongful death, the statute may be extended to allow the family of the deceased to pursue civil action against the defendant once this concealment comes to light. In some situations, concealment may be criminal. Or the concealment may have been part of a larger conspiracy among two or more defendants. And when a defendant must answer criminal charges for wrongful death, it regularly strengthens your wrongful death civil case, even if the defendant is ultimately exonerated in criminal court.

If a plaintiff has suffered some physical or mental incapacity that keeps them from responding within the standard two-year statute of limitations, the statute may be extended to accommodate the defendant if there is a prognosis for future recovery. For example, if a man and his wife are involved in a car accident and the man dies but the wife goes into a coma for three years, her statute of limitations would likely be extended due to the fact that she was mentally or physically incapacitated and unable to participate in her wrongful death claim on behalf of her husband.

There are a few even more obscure exceptions to our state’s wrongful death statutes. So when you are in the process of interviewing potential attorneys to represent you, reserve a few moments to visit with each lawyer and ask them to help you understand how the statute of limitations might apply to your specific wrongful death claim or case, and if any exceptions might apply.

Contact our wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and you allow your deceased loved one to finally rest in peace.

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Our Wrongful Death Attorneys Are Waiting to Help You – Now

We truly understand why you and your family’s suffering after the loss of a loved one due to wrongful death is probably the most devastating experience you will have to endure. The pain and heartbreak of your family, the loss of income, the avalanche of bills and the fact that life still must go on (and those bills still need to be paid) always make a tragic wrongful accidental death to a family member overwhelming to the survivors. We know that you’re going through a very dark period right now, and we want to help you make sure that the negligent behavior – whether it’s by one, or several liable defendants – does not create even more emotional and financial stress for your family: today or in the future. And we know you also don’t want another family to have to endure the same sad fate in the future because these negligent parties are not called to legally account for their actions.

With a successful track record in wrongful death cases across the state, our wrongful death lawyer and his associates at our Texas Law Firm can help you win fair compensation and seek justice for your loved one’s untimely death. Our reputation is both respected and well-known by both insurance companies and their defense attorneys. This means that once we’ve taken the case and created strong arguments that can be used in court to justify your full, fair compensation claim, the insurance companies will often decide that it’s better to negotiate in good faith with us and pay a fair out-of-court settlement. That means your wrongful death suit won’t have to go through a painful ordeal of a trial, and your family can begin to put its life back together, but with greater financial security. And yet, if a trial is the only way to fully defend your and your deceased loved one’s rights, we are always prepared to fight for you in court as well. And the insurance companies know that too.

Contact our wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit in Texas. Our goal is to help you come through this difficult time and strongly assert your family’s legal right to be fully compensated for your loss from all liable parties who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and you allow your deceased loved one to finally rest in peace.

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What is the Wrongful Death Statute of Limitations? The Texas Attorneys from our Law Firm Explain

Our Attorney is equipped to work within the framework of the law to bring those who are responsible to justice, in a timely matter. The grieving process is important, too, but there is a limited amount of time that person or family will have to file a wrongful death claim and it is vital to file such a claim as soon as possible after the loss is suffered.

Simply stated, a statute of limitations spells out the period of time during which legal action can be taken. In most wrongful death cases the plaintiffs have a two-year statute of limitations. Essentially, that means that the claim must be resolved within that two year period from the time of death or a lawsuit must be filed within that two year period, since filing a lawsuit will extend the deadline further.

One event that affects your chance to recover damages occurred when the Texas legislature passed another round of Tort Reform in the spring of 2011, which became law on September 1 of that same year.

The law also creates a new procedural rule for Texas courts. For the first time, there will be a “motion to dismiss” for meritless claims before parties can go through the often expensive and time-consuming discovery process. Such a rule already exists in federal court. If a judge grants that motion to dismiss, the losing party will have to pay the other’s attorney’s fees.

What this means to your case can be summed up thusly:

If you wait before beginning any personal injury legal process, the clock could begin ticking from the day the accident that caused the fatal injuries to your loved one occurred. So let’s say you wait a year while you and your family arduously debated whether or not to file a wrongful death negligence suit. Then, at the beginning of that second year, you retain an attorney who must immediately begin an investigation: one that will be very complicated because the trail has already grown cold and it ends up moving at a snail’s pace. Then, as the date in which your statute of limitations runs out, there are still vital details that remain unknown or still undiscovered. This forces us to quickly file a lawsuit based on incomplete evidence, just to get your case heard, even if it’s weak.

Your opponents can ask the court to file a summary judgment based on our still-incomplete discovery process. Then the court reviews the evidence collected so far and rules that the suit has “no merit on its face” and dismisses (but without prejudice, which means if new evidence comes in you can re-file). But that option becomes moot shortly thereafter since the statute of limitations runs out. Even if you come up with “smoking gun” evidence a day after it expires, you cannot re-file PLUS, you (and we) are forced to pay any legal expenses of the defendants for their time and effort in fighting the weak case we were forced to file.

There are other aspects of the most recent rounds of tort reform that could also affect your case should you delay your decision to request wrongful death (or other personal injury damage relief) through a civil suit. Our injury attorneys can explain them to you. But the bottom line is this: if you wait to make up your mind, your mind will be made-up for you. And that’s never good.

Put our experience to work for you, today! If you want to know what your rights are, and how Texas Statute of Limitations laws affect you and your surviving family members after the accidental death of a loved one, even if the events or time-frame for filing your lawsuit are unclear, we can help you understand the best way to proceed with your claim, how much compensation you can reasonably expect to secure, and the right time to spring into action against the negligent defendants and their well-funded insurers and attorneys.

We can answer every one of your questions and share the likely strategy to produce the rightful compensation you have a right to claim, in addition to “hanging back” and waiting for the right moment. In the words of Sun Tsu, “Make no battle until the outcome is foregone and favorable.” Because sometimes, waiting and preparing is the best strategy.

Contact our wrongful death attorneys at our Texas Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you and your family during your time of grief and doubt.

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Exceptions to the Two Year Statute of Limitations
There are, however, exceptions to the two-year statute of limitations:

When the Plaintiff is a Minor Child.
A wrongful death claim on behalf of a minor child can not expire until the child is of legal age. The two-year statute of limitations, therefore, does not start to count down until the child’s 18th birthday. For example, if a 15-year-old child lost their father in a work-related accident, that child’s claim would be extended until two years after they are of legal age (their 20th birthday). Generally, a minor child has no legal standing to file any civil suit in Texas until they turn 18.

Even so, a minor child is not restricted to waiting until they turn 18 to pursue a wrongful death claim. A parent or guardian can pursue the claim on behalf of the minor child. This is usually a better idea than waiting because the evidence necessary to win a wrongful death case will usually vanish long before the child becomes of legal age.

When a parent or guardian pursues a wrongful death case on behalf of a minor child, the court will appoint an ad litem (a non-biased, third-party attorney) who will review the terms of the settlement or jury verdict to determine that the resolution was fair and in the best interest of the child. This keeps family members and other parties from helping themselves to the child’s claim. Once the case is resolved, the money is put into the court’s registry and is made available for the child when they come of legal age. The ad litem legal representative is also allowed to invest this child’s money, under certain clear circumstances and only with the supervision (and at the discretion) of the court.

When the Defendants or Their Negligence Were Unknown

Wrongful death cases in Texas are subject to the “discovery rule” which states that the two years do not begin to run until the time that a reasonably prudent person would have known that they had a cause of action. A perfect example if the differences in this discovery rule would be to compare a fatal construction accident injury and a fatal injury in a pharmaceutical case. Wrongful death from a construction accident usually doesn’t take very long to determine if someone’s negligence lead to the death of your loved one. So the discovery process usually begins relatively quickly.

But on the other hand, imagine that a person takes a pharmaceutical drug and dies due to complications from taking that drug. Then, ten years after this death it is determined that the drug was defective and that this defect was a direct cause of that loved one’s death. One of the decedent’s family members – typically the spouse – would more than likely be able to file a claim even though the standard two-year window had expired. The idea behind this is that the plaintiff did not know that they had a case until years later: which would, therefore, extend the statute of limitations.

Put our experience to work for you, today! If you want to know what your rights are, and how Texas Statute of Limitations laws affect you and your surviving family members after the accidental death of a loved one, even if the events or time-frame for filing your lawsuit are unclear, we can help you understand the best way to proceed with your claim, how much compensation you can reasonably expect to secure, and the right time to spring into action against the negligent defendants and their well-funded insurers and attorneys.

We can answer every one of your questions and share the likely strategy to produce the rightful compensation you have a right to claim, in addition to “hanging back” and waiting for the right moment. In the words of Sun Tsu, “Make no battle until the outcome is foregone and favorable.” Because sometimes, waiting and preparing is the best strategy.

Contact our wrongful death attorneys at our Texas Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you and your family during your time of grief and doubt.

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Fraud and How the Statute of Limitations Can Be Extended Once it is Discovered

In cases where the defendant deliberately concealed their involvement or culpability in a person’s death, the statute may be extended to allow the family of the deceased to pursue civil action against the defendant. In some situations, this concealment may be criminal. Or the concealment may have been part of a larger criminal enterprise. When this happens, the defendant may also be subject to criminal charges in addition to civil charges. And when a defendant must answer criminal charges as well, it invariably strengthens that criminal case, even if the defendant is ultimately exonerated in criminal court.

If a plaintiff has suffered some physical or mental incapacity that keeps them from responding within the standard two-year statute of limitations, the statute may be extended to accommodate the defendant. For example, if a man and his wife are involved in a car accident and the man dies but the wife goes into a coma for three years, her statute of limitations would likely be extended due to the fact that she was mentally or physically incapacitated and was unable to pursue a wrongful death claim on behalf of her husband.

Getting Past the Opposition to win Your Damage Case or Claim

Aside from the fact that the defendant is walking a tightrope during the period of risk between the negligent accident, so too is the defendant’s insurance company. But if circumstances suspend that statute of limitations longer than the two years, your opponents have even more time to prepare their defense during a time when they know they are at-risk, while you and your attorney don’t. Given enough time, they can make a lot of evidence go away, misplace vital documents and further cloud the evidence you need to create a strong negligence case against the defendants.

The insurance companies are usually the ones who will pay injury damages. And they can hide behind excellent lawyers: either on-staff or on permanent retainer. They know many tricks in the legal-book to avoid paying accident victims’ legitimate damage claims. And in cases that might not be argued for several years, they’ve had plenty of time to prepare for their day in court. So their strategies will be well-thought-out and their tactics perfected. When their insurance clients are forced to pay, they fight just as hard to make that compensation check due you – the plaintiff – is as small as possible.

Having a wrongful death lawyer on your side, as soon as possible, increases your odds of a successful wrongful death lawsuit because time-and-again, effective investigations are the keys to that success. And it should begin as soon as you suspect negligence in this wrongful death. Since our Law Firm collects its fees on a contingency basis, the cost of this investigation, and other legal services in the interest of your case is nothing. And we don’t take the case unless we believe there is a reasonable chance of success. So what do you have to lose: even if it will be a long time before you receive your damage award? It’s better to have a wrongful death lawyer on your side and not need one, than the other way around.

The Wrongful Death Attorneys at our Texas Law Firm Stand Ready to Help You: and we can Patiently Wait with You for our Day in Court

Wrongful death cases should not be handled by inexperienced law firms. The wrongful death lawyers of our Law Firm have decades of experience in successfully litigating wrongful death claims: even if it takes years to do it, with the permission of the court to extend your statute of limitations.

Put our experience to work for you, today! If you want to know what your rights are, and how Texas Statute of Limitations laws affect you and your surviving family members after the accidental death of a loved one, even if the events or time-frame for filing your lawsuit are unclear, we can help you understand the best way to proceed with your claim, how much compensation you can reasonably expect to secure, and the right time to spring into action against the negligent defendants and their well-funded insurers and attorneys.

We can answer every one of your questions and share the likely strategy to produce the rightful compensation you have a right to claim, in addition to “hanging back” and waiting for the right moment. In the words of Sun Tsu, “Make no battle until the outcome is foregone and favorable.” Because sometimes, waiting and preparing is the best strategy.

Contact our wrongful death attorneys at our Texas Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation or fill out the form at the top of this page for a free consultation, and find out how we can help you and your family during your time of grief and doubt.

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legal 1/14/2020 32.) Work Injury/Workers’ Comp, Wrongful Death/Workers’ Comp, Medical Malpractice – gtg

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Determining Workers’ Comprehensive Coverage is The First Step

Thanks to our lawmakers (and the insurance lobby who buys their lunches) it is much more difficult to understand workers’ compensation laws. No employer is required by the state of Texas to purchase workers’ comp. Right now, approximately one in two subscribe to the program. This leads to a situation where workers’ comp injury cases are divided into two distinct types. Each requires a wholly different method and strategy to resolve than the other classification. Employers who carry worker’s comp are known as “subscribers.” Those who don’t are “non-subscribers.” In order to know how to proceed with your claim, you must first determine whether or not your employer is one or the other.

Workers’ comp benefits originate from a funding “pool. The private insurance carriers that participate in the program contribute to it, although it is maintained by the State. A great benefit of this pool is the protection if offers subscriber-employers from lawsuits. But it generally disregards the full legal rights of employees to be fairly compensated when the employer is truly negligent. This is because it limits, or “caps,” the monetary benefits an injured employee can receive from this pool. If your employer subscribes to workers’ comp, it provides some compensation to employees who are injured on the job site. It’s basically “no-fault” insurance because those covered by workers’ comp are reimbursed, no matter how the accident occurred or whose fault it was. But many times the amount of compensation you receive doesn’t cover the true expenses of an on-the-job injury if it is a severe one. And we’ll go over that in more detail in a bit.

But on the other hand, in order to receive restitution from a non-subscriber to workers’ comp, an injury victim must file a lawsuit in civil court. Fortunately, for the injured party, the conditions that have been established to encourage companies to subscribe to “no-fault” workers’ comp insurance are not as stringent when determining if those injuries qualify. And these same lower standards of proving subscriber negligence, also apply against a non-subscriber in a civil case. So it’s not as difficult to assess true liability against a non-subscribing employer for on-the-job accidents.

Since workers’ comp is cheaper than traditional employer liability insurance, you would think that all companies would be smart and purchase workers’ comp instead of the more-expensive traditional liability insurance. But about many times that is not the case. So many employers still choose to walk around a shooting gallery unprotected and take the risk of being a non-subscriber. Then, when the odds catch up with them, many will try to avoid a lawsuit and misrepresent themselves as having workers’ comp (which they don’t) once an employee of theirs is injured. These employers may try to quickly pay you some cash benefits you would receive from workers’ comp and ask you to sign a “standard release” in order to further their deception and get off the hook. But it’s a well-tried trick. So don’t fall for it.

This is one of many examples of how you benefit from an experienced Texas injured worker lawyer to get to the bottom of your company’s workers’ comp status, so you know what legal recourse is available to you. Once we have identified the nature of your employer’s workers’ comp standing, we can then move your case or claim to bring deliver your rightful and just injury compensation.

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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It is Almost Impossible for Injured Workers to Sue Workers Comp Subscribers

When they subscribe to workers’ comp insurance, employers get far more than just easy and affordable pool coverage that produces lower benefit payments. They are also just about bulletproof when it comes to being the target of a civil lawsuit. Unless the employer has committed gross negligence that produced a wrongful death, they cannot be sued if one of their employees is injured on the job or has been killed at work. And the facts of the case must be overwhelmingly against the employer in order to prove gross negligence. So whichever contributing insurance company is responsible for negotiating a settlement; again, with benefit caps, the odds are highly unlikely that the victim, or the victim’s survivors if a death has occurred, will even see the equitable compensation to which they are entitled.

In a fair world, insurance providers would be concerned with tending to the legitimate needs of injured people, and these victims would receive fair compensation for all medical bills, lost salary, pain, and suffering. But the way the REAL world works is neither fair nor perfect: in spite of what some of these workers’ comp insurance companies try to convince us of through the altruistic tone of their advertising and public relations’ campaigns. Insurance companies are in business to generate profits first rather than help people. And those who underwrite the workers’ comp pool are no exception. All Insurance companies try to avoid fairly compensating injured employees every year throughout the Lone Star State. Those who participate in the state’s insurance pool are just doing it with the permission of the legislature.

But there are two possible avenues to receiving injury compensation outside the restrictions of workers’ comp. However, one of these exceptions involves a worker’s fatality, and the other allows the injured employee to file a suit against someone other than the subscribing employer, which is commonly known as a third-party lawsuit:

If your loved one’s death occurred at work and the accident was a direct result of the gross negligence by his or her workers’ comp subscribing employer, then you as a delegated surviving family member may file a wrongful death lawsuit. In one case, our Texas attorneys were hired by the loved ones of a construction worker who died after a fall from a crane. The employer had ordered the worker to work atop the rig without the mandatory safety harness. When the man plummeted to his death, the employer rushed to a construction supply store, purchased a safety harness, attached it to the dead man and then reported the accident to the authorities. Our investigators were able to uncover this willful deception by interviewing the co-workers and hit him with a very expensive (and successful) gross negligence wrongful death lawsuit. So there’s truth to the saying that it’s not the act itself that gets you in trouble, it’s the cover-up.
In many cases, someone besides the employer may have done something negligent to cause a workplace injury. If a faulty piece of machinery caused the injury, the manufacturer may be held accountable through a defective product lawsuit. If your employer did not provide you with proper safety training or did not provide a safe working environment, then he or she could be held accountable. If another employee or a visiting contractor or one of the contractor’s employees negligently caused the injury, then they could be held accountable. In such a case, you can sue the responsible party or parties but not your subscribing employer. Our experience and the ability to properly investigate not only the accident scene but the roles these third parties played in it is required in order to properly identify all of the parties responsible and make them pay for the injuries they cause. A skillful Texas work accident attorney can devise the right plan of attack for workplace injury cases that offer the best opportunity to secure compensation in a complex Texas work accident claim like this.

Winning Compensation from Liable Non-Subscribers is More Straightforward, but Still Not Easy

We’ve already mentioned how it comes as no surprise that many employers neglect to purchase workers’ comp or any other form of insurance. If you reasonably hope to receive the compensation you deserve from non-subscribing employers, you certainly need the assistance of a skilled Texas work injury attorney with our Law Firm to file a lawsuit and see it through that it will deliver the fair compensation you deserve as a result of defendant negligence.

In order to punish non-subscribing employers for creating more legislation, Texas workers’ compensation laws enable the victim to secure much greater damages than if the employer had purchased workers comp insurance. The workplace accident victim must merely prove standard negligence, which means the employer only committed a sole error or momentary inability to maintain safety. As you can guess, the laws governing these principles are extremely intricate. So in order to succeed you will need an astute accident lawyer to assist you through every intricacy of this challenging legal process.

It begins when the victim, also known as the plaintiff, files a claim with the employer, notifying him or her of the injury and the restitution the victim requires as fair reimbursement. The employer can agree. But that seldom happens. Most of the time the employer has some sort of insurance of surety bond to cover these matters. If they have insurance, they just contact their carrier; in which case you and your attorney attempt to negotiate a settlement. But chances are, for openers, the carrier will dispute your plaintiff allegations out-of-hand. But if negotiations progress in-good-faith, traditionally because your attorney makes it clear that you have a very strong case, then the matter is settled, you get the money you need.

But if that doesn’t happen, you – as the plaintiff – must file a lawsuit to win the compensation you, or your surviving family members deserve. As the injured party, it is your burden to prove that the employer’s negligence caused the injury which produced those high medical bills, lost salary, pain, and suffering. Fortunately if you, as the injured victim, can prove simple negligence, that task of collecting is much easier than trying to prove gross negligence.

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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Employer-Defendants Claim That You are the Sole Cause of Your Own Misery

If your employer is a workers’ comp insurance non-subscriber, then he or she isn’t likely to suddenly change their ways and agree to pay you for the harm you’ve suffered due to their negligence. Our experience in these matters has revealed that most non-subscribers try to use a couple of well-worn – but sometimes effective – defenses to avoid paying injured employees the restitution they deserve.

Their only real defense is to claim the worker caused his or her own injuries or, in legal terms is the sole proximate cause of the harm. In order to invoke the sole proximate cause defense, non-subscribing employers will literally add insult to your injuries by questioning your character and soil your reputation by claiming that you were a negligent employee and caused your own injuries. They try to hold you alone responsible for them and continually try to press this point home.

While your employer may have been too cheap to buy workers’ comp coverage, you can be sure that he or she will think nothing of paying a hefty bill to a sharp, shrewd lawyer who knows how to make victims appear negligent for their own injuries, and foolish in front of a judge and jury: even if it’s just fiction. You need your own experienced Texas workers’ comp attorney to place fault back where it belongs, at the feet of the negligent employer.

The Other Defense when the First Option Fails: Questioning the Employer-Employee Relationship

The sole proximate cause defense is not the only option that non-subscribers have to deflect liability after an injury has been suffered by an employee, even if it’s the best one. Many clever employers try to distance themselves from you as an employee, and their responsibility to fairly compensate you well before that on-the-job mishap happens. Some even begin building that paper trail to prove their argument from the first day you show up for work.

Texas employers are not responsible for what happens to contractors if they are injured on that employer’s job site. So many companies will claim to hire their employees as contractors. By calling you a contractor, your employer believes it’s possible to deny that an employer-employee relationship existed between you and the company, and then they will tell you that you don’t have a legal claim to compensation for your injury-related damages. Their logic is simple: why be responsible for injury compensation to a person who was technically never their employee to begin with? It sounds like a good argument on the surface. But look deeper.

While many employers try to claim they hire their employees as contractors or as temp workers through a third-party, the employer knows deep-down that an actual employer-employee relationship exists in many of these cases, and an injured worker can still win compensation. So don’t be misled by this ploy either. Even though your employer claims you are a contractor, you are likely still considered an employee in the eyes of the law and are entitled to recover compensation for injuries suffered on the job.

A skillful and well-seasoned Texas work accident attorney knows how to prove the employer-employee relationship by meeting at least one of the following standards:

Social security or taxes have been withheld from your paycheck by your employer.
The essential equipment for the job was supplied to you by your employer.
Your work has been regularly managed, overseen or inspected by your employer.
A specific work schedule has been set for the job by your employer. You are not free to come-and-go as you please.
Your employer requires you to complete a task or sign a document that limits your rights while working for the employer. The most common examples are taking a drug test or signing a document that states you comply with an employee handbook.
You have been employed for an undetermined period of time and not just for a single job.
You are paid by a salary or an hourly wage and not on a job-by-job basis.
In cases where a worker is borrowed from another company, or a third-party agency, the rules for determining the working relationship are related, but there can be some crucial differences. Some of these conditions may include:

If the borrowing employer has the power to hire or fire a borrowed worker at any time, the worker is clearly an employee. Otherwise, the worker is a contractor
Most of the time, if the borrowing employer is allowed to pick a particular worker, then the worker is an employee. If the agency that provides the worker is allowed to send any worker they choose, the worker is a contractor.
If the worker must provide them, that person is a contractor. If the employer provides them, the worker is an employee.
If the employment agency can substitute the borrowed worker for another at-will, the worker is a contractor. If the lending agency cannot, then the worker is an employee.
If the worker is borrowed indefinitely, then the worker is an employee. If the worker is borrowed for a specific project with a specific date of completion, the worker is a contractor.
If a worker is being borrowed or “leased” because of a skill that is unique or hard-to-find, then the worker is a contractor. But on the other hand, if an employer borrows a worker to fill a position that just about anyone can fill, then the worker is an employee.
If the borrowing employer agrees to pay the worker’s social security and income tax, then the worker is an employee. If the borrowing employer does not accept this responsibility, then the worker is a contractor.
These same employer-employee conditions apply if your loved one was killed in a workplace accident due to employer negligence.

Our Texas workers’ compensation lawyers conduct a thorough investigation to demonstrate the existence of one of these standards and prove an employer-employee relationship existed for you. We depose co-workers, review contracts and examine pay stubs to clearly establish that you were in fact an employee when you suffered an on-the-job injury.

A couple other important items: if you were hired by an employment agency to work at an “employer’s” company and suffered a workplace-related accident, your attorney must determine if the employment agency has workers’ comp. If so, then you would file a workers’ comp wrongful death claim against the agency, which would then make the company where you actually performed the work a third-party contributor to the accident. Also, if your employer loaned you out to another company where the accident occurred, the issue of workers’ comp subscription with your employer comes into play and the company where you suffered your injury will likely be treated as a third-party defendant in any civil claim or suit.

This brings another important point to mind. Workers’ comp claims are less-than-adequate when major injuries are involved, including wrongful death. So the traditional way for an employee to recover fair damage compensation is to file a workers’ comp claim against the employer of record (assuming that employer subscribes) and then supplement the claim with the appropriate number of third party claims or lawsuits.

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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OSHA Is of Little Use in an Injury Liability Claim or Legal Case

Maybe you are familiar with the Federal, Occupational Safety & Health Administration (OSHA). This agency maintains minimum standards of safety for all American workplaces. And you might think OSHA will help you attain injury compensation. Nothing could be further from the truth. OSHA is not an advocate for injured workers. All it does is oversee the work environment in the U.S. And for the past 30 years, OSHA’s regulations, and the fines levied for employer non-compliance, have lost many of their teeth.

While OSHA sets safety standards in the workplace and fines offenders, the amounts were established so long ago and no longer carry the proper financial motivation to convince safety violators to comply with these government standards. Many of these amounts date back to 25-30 years ago. They might have encouraged compliance back then, but many years of inflation (and other economic factors) make many OSHA fines little more than a slap on the wrist. Additionally, over the years OSHA has become more restricted in the actions and investigations it can make due to the limitations created by smaller staffs and budgets. Today, OSHA is a shadow of its former self when it comes to preventing on-the-job injuries before they happen.

Furthermore, OSHA cannot make any direct effort to help injured workers secure compensation for the damages that have been inflicted upon them. Only after an accident has occurred will OSHA investigate negligence. And their reports are designed to create more worker injury data and assess violator fine amounts (if any). And though that data might be ready to present as general evidence at a trial, for your purposes OSHA is a case of closing the barn long after the cow escapes. Even if OSHA does investigate your employer after your accident, they will provide no specific evidence that will benefit your case. Only a competent, experienced Texas workplace injury attorney can help you secure the fair compensation to which you are entitled.

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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The Most Important Thing You Need to Do Right Now, and Why
The first thing you must clearly understand is this. Before you speak with an insurance company, or accept n a single dime of payment or compensation from your employer, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent Texas lawyer. Your employer or its insurance provider wants you to accept a small settlement, so they can save their own money. Don’t be taken advantage of. As a matter of fact, don’t even discuss any details of your intentions, or anything else surrounding the injury, with your employer or his or insurer or anyone else outside of your immediate family, without a lawyer protecting your interests.

Then, you must act swiftly. In work accident cases, evidence begins to fade almost immediately after the accident. The physical details of the scene itself can change quickly. And witnesses change their stories or forget what they saw. Sometimes they’re even been paid to forget or to “take a nice long vacation,” or mysteriously find a job in another state. If you wait too long to hire an attorney and put your counsel to work investigating the trail of evidence, then you are doing irreparable damage to your ability to secure the restitution you deserve.

An experienced Texas work injury attorney with our Law Firm helps injured Texas employees deal with their challenging work-injury cases. We have spent decades accumulating the expertise required to help injured workers just like you to receive the compensation they deserve for their medical bills, lost wages, pain, suffering, and disability.

You have the opportunity to put our experience to work for you. If you want to know what your rights are, how to proceed with your claim and how much compensation you can reasonably expect to secure, then we can answer your questions. Call our Law Firm now at 1(800) 862-1260 (toll-free) for a free consultation and find out how we can help you.

Don’t let those who negligently caused your work accident injury to victimize you and your family even further.

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Filing a Wrongful Death Lawsuit When a Loved One Dies Due to the Negligence of Others

Wrongful death is one that occurs when the negligent behavior of a liable party (a person or some other entity) causes, or contributes to, the death of another person. However, that cold, abstract legal definition just doesn’t come anywhere close to describing the enormous feeling of loss that descends upon your family when you’ve learned that your loved one has been suddenly taken away from you by the actions of another.

And if the accident that caused this unfortunate fatality is the result of the careless behavior of that other person or entity, the devastation to your family can be total, and create unbearable and sometimes permanent psychological scars on you and the rest of your family survivors, in addition to instantaneously being thrown into deep financial distress that seemed so far away just a few days ago.

Wrongful deaths can happen for so many different reasons and in a number of different ways: from a job-related accident to a vehicle wreck at the hands of a drunk driver to the tragic use of a defective product everyone thought was safe, to the careless actions of a trusted doctor. But they all often occur with virtually no warning, and in the blink of an eye. Such a sudden, shocking and unexpected loss can leave a bereaved family in an emotional fog as they grasp to deal with their swirling emotions in the immediate wake of their loved one’s death. The emotional wreckage suffered by some families after a loved one’s wrongful death makes thinking about seeking legal action an afterthought in the midst of their grief. The timing of those thoughts almost seems like an insult to their memory

However, pursuing legal action through a Texas wrongful death lawsuit can become the most important step in the healing process for a number of reasons. Our wrongful death attorneys offer the following information to help clarify why a family should not put a wrongful death lawsuit (or at least an investigation) on the back-burner, the issues that wrongful death plaintiffs can expect when they file such civil lawsuits, and how we might be able to assist you through your time of loss, sorrow and ultimately, your family’s recovery.

Why Must We Think About Filing a Wrongful Death Lawsuit in Our Family’s Time of Grief?

We can think of two reasons why a bereaved family such as yours should begin their pursuit of a wrongful death lawsuit sooner than later after losing a loved one because of a fatal accident: financial compensation and justice for their deceased family member. The stated purpose of a wrongful death lawsuit is to enable a grieving family to secure compensation for their loss from the party or parties responsible for this fatal accident. And even though no amount of money will ever return your loved one to you, it can greatly relieve you of the many financial burdens and dire economic need that such a loss creates on a family, like medical costs, funeral expenses, and pain and suffering (both your loved ones along with you and your family). Seeking compensation for wrongful death in Texas is important under virtually any circumstance. But timing is everything when winning this rightful and just compensation is especially critical in cases where a primary wage-earner has died. The financial remedy a family wins can help ensure that the surviving family is financially stable in light of their loss and that the lack of money will not add to their emotional ordeal. And allowing the circumstances behind the accident to go uninvestigated, even for a few days because you feel it might not be “appropriate right now,” could make the investigation of the matter all-the-harder.

The justifiable goal of a wrongful death lawsuit is for the negligent liable parties who are responsible for the fatal accident to be held accountable for their callous behavior. And since many fatal accidents may not result in criminal charges, most of the time a Texas wrongful death civil lawsuit is the only legal means that aggrieved survivors have to bring all negligent liable defendants to ultimate justice. The compensation that these negligent defendants must award to a plaintiff through a successful wrongful death case can be considered a punitive measure. Some even view it as just desserts. A high monetary award will make negligent defendants painfully aware of their actions that caused the death of your loved one. When we take on a wrongful death lawsuit anywhere in Texas, our clients get our best effort to ensure that they properly compensated; in addition to making sure that every liable party is held fully accountable. They may not go to jail for what they did. But they will pay.

Like you, we don’t want to see a similar fatal accident occur in the future due to the same negligent behavior by the same liable defendants. We want everyone who is even remotely responsible to be held fully accountable for the grief and pain they’ve caused you and your family. But again, remember, the longer a grieving family takes to put someone “on the case” means that much time the defendants, who usually know what they’ve done, have to cover their tracks and distance themselves from ultimately being held accountable.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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What is a Valid Wrongful Death Claim in Texas, How is it Applied and What are Your Options?
Without a clear understanding of the law, many people in your situation may not be fully aware of whether or not they may be able to seek legal action against a negligent party through a wrongful death lawsuit. So, to begin at the beginning, here is a list of basic conditions that must have existed, or may have existed, in order for you and your family can pursue a wrongful death lawsuit:

Your loved one must have died as a result of the negligent behavior of another person or entity (like a company). This negligent behavior could have been the direct cause – or in legal terms – the proximate cause of the fatal accident. Proximate cause means that the liable party played a contributing role (or the only role) leading up to the accident.
Your relative must have a surviving family member or beneficiary that can pursue legal action. Second cousins once-removed do not have legal standing unless they can prove a strong, ongoing link to the deceased family member. And that only rarely happens.
Your beloved victim or your family must have incurred some form of tangible financial loss as a result of the fatal accident, which in a civil case is known as legal damages.
If at least one of these basic aspects existed as a result of the accident that claimed the life of your loved one, you have the right to seek legal action against the liable parties through a wrongful death lawsuit in civil court. If you are unsure whether or not these circumstances may have existed in regards to your possible case, contact one of our Texas wrongful death attorneys toll-free at 1(800) 862-1260 to discuss the merits of your wrongful death case.

You should also be aware that a civil lawsuit can be pursued regardless of whether or not a liable party is also facing criminal charges since the purposes of each type of case are different. But if criminal charges were considered against any negligent parties, even if they were not formally filed, that has no bearing on your right to file a wrongful death lawsuit in civil court. And if criminal charges are filed against the liable defendant, regardless of whether that defendant is found guilty or innocent in criminal court, the fact that charges were actually filed significantly strengthens any civil case you might choose to subsequently file.

For example, a distracted driver may strike a pedestrian, resulting in that pedestrian’s death. In most instances, criminal charges will not be brought against the negligent driver. If the same driver had been drunk at the time of the fatal pedestrian accident, then criminal charges likely would be brought against the driver. In either instance, the driver could be held civilly liable for their actions through a wrongful death lawsuit in Texas, regardless of the status of the criminal action.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Damages in a Texas Wrongful Death Lawsuit

“Damages” is the legal term for the financial loss that a victim or a victim’s family incurs as a result of a fatal accident. In Texas, damages in wrongful death lawsuits are separated into two categories known as wrongful death damages and survival damages. And because these damages can be viewed differently by a jury, it’s important that both types of damages are sought in a wrongful death lawsuit so that the bereaved family has a better chance to be properly compensated for their loss, and the liable defendants are held properly accountable for their negligence.

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

Survival damages, on the other hand, relate to the damages that the decedent incurred or would have incurred had they survived the accident. And those are damages that any personal injury plaintiff may file against a negligent defendant. But in this case, only one family member can seek survival damages since that family member effectively acts as a proxy for their deceased relative in a wrongful death case. In Texas, It should be noted that the family member who seeks survival damages can also seek wrongful death damages, which isn’t the case in many other states. But only the closest living family member can pursue a survival damages claim. Usually, the person who will file a survival damage lawsuit is the spouse. But if the spouse is absent, or chooses not to file a survival damage lawsuit, the children (from oldest to youngest) are next in line. After that come the deceased family member’s parents, then maybe a sibling; again if that person is able to prove a strong and ongoing relationship with the deceased loved one. Again, only one family member can file a survival damage lawsuit.

Survival damages can include financial compensation for things such as a deceased family member’s medical bills that would have been incurred had they lived, their lost wages due to time off from work while injured, their pain and suffering, their mental or emotional duress in the accident, the compensatory value of their disfigurement or possible long-term disability, and the value of any damage to the decedent’s property as a result of the accident, such as an automobile or anything of value that was in the vehicle at the time of the beloved’s fatal car wreck. But computing the value of these amounts is seldom easy, especially for one who is not well-versed in establishing the value of such losses or projected – but unrealized – amounts.

A non-attorney or one with little legal experience may not appreciate the full extent of damages that should be requested of a deceased family member’s survivors. But with over two decades of experience in wrongful death cases throughout Texas, the wrongful death lawyers with our Law Firm have the reputation for success and the depth of knowledge to correctly calculate damages and to justify their inclusion into a wrongful death lawsuit. If all of those damages suffered by a bereaved family are not properly calculated or not included in the civil lawsuit, that unfortunate family stands a very poor chance of realizing full and fair compensation for their loss, and a negligently liable defendant may very well escape the full guilt which would require that they pay for their part in a fatal Texas accident.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Texas Workers’ Comp Laws Can Influence Some Wrongful Death Lawsuits

One variable when it comes to wrongful death lawsuits can occur if the loved one was killed while on the job. Work-related fatalities often involve Texas work injury laws: which can have a great impact on compensation paid to family survivors. About half of these tragic work-related events might involve workers’ compensation insurance. If so, these laws must be correctly applied when surviving family members are planning any wrongful death civil action after the death of their loved one. An employer covered by workers’ comp in Texas is immune to lawsuits, but with one specific exception. If a worker is killed due to gross negligence by their employer, a wrongful death lawsuit can be brought against that employer.

Our wrongful death lawyer’s experience with both wrongful death cases and fatal work accident cases is a big help as you seek justice against such a negligent employer. But the standard of proof is quite high if you are to establish an employer’s clear guilt of gross negligence. In the event that an employee dies while working for an employer protected by workers’ comp in which the employer only exercised standard negligence, a bereaved family is limited to compensation for their loss only through the workers’ compensation insurance policy that covers that employer. And that amount is far from likely to fully reimburse family members for the total lost income, or other damages from the fatal accident.

This is where the fatal work injury attorneys with our Law Firms’ ability to investigate the accident strengthens your case or insurance claim. For when that investigation finds other liable parties who may have also been involved in some way, even if it was not overtly, in contributing to the accident, these “third-party” lawsuits are rather common in fatal workplace accidents. In instances where multiple parties bear liability for the death of a worker, a bereaved family may be able to seek compensation through a wrongful death lawsuit against every one of the “third” liable parties, in addition to seeking compensation through the workers’ comp policy that is carried by your deceased family member’s employer. Or sometimes fatal injury accidents in the workplace are caused by defective products or machinery, which opens the manufacturers up to a possible defective product lawsuit.

All of these issues can be quite challenging for those with little to no legal experience. But a well well-trained and experienced wrongful death attorney with our Law Firm is ready to use all his knowledge and skill to work for you so your loved one will not have died in vain.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Wrongful Death Lawsuits Involving Medical Malpractice Can be Very Tricky

Medical malpractice is another sub-category of wrongful death lawsuits. However, recent tort reform in Texas has made it much less likely, but not impossible, for wrongful death survivors to seek legal restitution through a medical malpractice lawsuit. While tort reform was intended to prevent frivolous lawsuits from tying up our state’s court system, it also made it very difficult for legitimate medical malpractice lawsuits to proceed against negligent medical professionals. And as if that wasn’t enough, damage caps now exist on the compensation that can be awarded in one single medical malpractice lawsuit. This means that a bereaved family may not be able to attain fair compensation for their loss that is commensurate to the actual damages they have incurred if their lawsuit is limited to one offending healthcare provider. And though damage caps and other complications surrounding medical malpractice do make it more difficult to win fair judgments, there is still a way for families of those who have suffered wrongful death to recover fair recompense As in work-related wrongful death, we stringently investigate any medical-related wrongful death, we work to identify all liable parties. And any liable third parties to your loved one’s malpractice-related death are also subject to civil action should they be found to have also been liable. Granted, damage caps might still apply. But multiple lawsuits that bring multiple guilty verdicts give your family a much better chance at attaining the desired sum-total damages that are necessary to fully compensate you.

We also must share with you the fact that many attorneys hesitate at the prospect of representing clients in medical malpractice cases because of their challenging nature in the wake of recent tort reform, in addition to the many complicated technical aspects often involved in such wrongful death lawsuits. But our Texas wrongful death lawyers are familiar with all of the challenges posed by medical malpractice cases and are prepared to help you seek full, fair and proper compensation for your family’s loss due to the negligence of a medical professional that caused the death of your loved one.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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The Many Challenges You Will Face to your Texas Wrongful Death Lawsuit

Most wrongful death lawsuits will likely involve some type of liability insurance coverage. Since death often results in a large amount of damages being incurred by both the decedent and the decedent’s family, the insurance coverage that is likely to pay these damages from a wrongful death lawsuit may be worth a very large amount of money; at least six figures in most cases.

As a result, an insurer that holds such a large policy will likely attempt to do whatever it can in order to avoid being held financially responsible for paying-out such a sizable sum. This cold-hearted behavior, even if the evidence clearly proves the insured defendant was negligent in causing this wrongful death rarely changes, regardless of the bereaved family’s obvious need for proper compensation. This is a prominent reason why your wrongful death case requires aggressive legal action in order to work against a guilty defendant’s insurer.

These insurers (along with their adjusters and the lawyers who defend the insurance companies in court) typically attempt to pass the blame for a fatal accident onto anyone other than their defendant who may have been anywhere near the accident. They will even resort to calling your loved one’s actions, or lifestyle, into question in the hopes of having the wrongful death claim completely denied. Unless you and your Texas wrongful death attorney have meticulously built a strong case with relevant evidence that can speak on your loved one’s behalf, an insurer may be able to argue their client of liability for a fatal accident and get themselves off the hook by paying no compensation whatsoever to your family. And this means no justice against the insured negligent defendant either for the accidental death of your loved one. With over two decades of experience in taking-on these types of insurers, our Law Firm is well-acquainted with their methods and tactics, and how to counter every one of them. This means that we can make sure that you’re treated fairly by the insurance companies that have no interest at all in anything other than keeping their money.

Time itself can also be a challenge to wrongful death lawsuits. For instance, the statute of limitations for a Texas wrongful death lawsuit is two years from the date of death. While this timeline can be extended in certain situations surrounding gross negligence, or if criminal charges have been filed against the liable party, or if the defendant was able to hide the facts of his guilt, a victim’s family usually has only two years to seek legal action against that defendant. While this may sound like a long time, it really isn’t, when a thorough investigation must be conducted. It is not unusual for a full investigation to take as long as a year in some circumstances, or if there is a large number of liable parties who must be investigated before determining which ones are truly liable. In addition, all defendants need to have their assets researched in order to assure that they can pay the damages they will owe you and your family once they have been judged to be guilty.

Additionally, the longer you may hesitate to contact a local wrongful death lawyer, the more harm you may unintentionally be doing to your case. Evidence can disappear, or can even be removed by those who wish to avoid being held accountable for their actions. Witnesses can become increasingly difficult to track down. Or they may forget critical details in connection to the fatal accident. Or they may have been “encouraged” by defendants to forget, or they might disappear altogether. This is why it is critical for investigators to be on the scene of a fatal accident as soon as possible after it has occurred, which is why it is equally important that you not hesitate in calling a local wrongful death lawyer if you want to build a strong legal case toward fair compensation for your loved one’s wrongful death.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Contact our Law Firms’ Wrongful Death Attorneys for Help Today

We truly understand why suffering the loss of a loved one due to a wrongful death is without a doubt one of the most devastating experiences that a family can endure. The pain and suffering by the family, the loss of income, the avalanche of bills and the fact that life still must go on (and those bills still need to be paid) always make a tragic wrongful accidental death to a family member overwhelming to the survivors. We know that you’re going through a difficult time right now, and we want to help you make sure that the negligent behavior, whether it’s by one, or several liable defendants, does not create even more emotional and financial stress for your family: today or in the future. And we know you also don’t want another family to have to endure the same sad fate in the future because these negligent parties are not called to legally account for their actions.

This is why we implore you to heed this vital piece of advice: Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact a competent lawyer.

With a successful track record in wrongful death cases across the state, our lead attorney, along with his associates at our Texas Law Firm can help you win fair compensation and seek justice for your loved one’s untimely loss. Our reputation is both respected and well-known by both insurance companies and their defense attorneys. This means that, once we’ve taken the case and created strong arguments based on investigative evidence that can be used in court to justify your full, fair compensation claim, the insurance companies will often choose to negotiate with us in good faith and pay a fair out-of-court settlement. That means your wrongful death suit won’t have to go through a painful and strenuous trial and your family can begin to put its life back together, but with more assured financial security. However, if a trial becomes necessary to fully defend your and your deceased loved one’s rights, we are always prepared to fight for you in court as well. And the insurance companies know that too.

Contact our Law Firm’s wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit anywhere in Texas. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the guilty defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Grieving Families Need to File Wrongful Death Lawsuits When a Loved One Dies Due to the Negligence of Others

As defined by personal injury laws, a wrongful death is said to have occurred when the negligent behavior of a liable party causes, or contributes to, the fatality of a human being.

But somehow, that pragmatic characterization of wrongful death just doesn’t describe the enormous feeling of loss that shatters a family when they’ve learned that their loved one has been suddenly taken away from them. And if the accident that caused this untimely death is due to the careless behavior of another person or entity, the effects on that family can be debilitating, and commonly leads to deep, sometimes permanent, psychological scars.

Wrongful deaths can happen for so many different reasons and in innumerable ways. But they all often occur in less than a moment’s notice, and literally in the blink of an eye. Such a shocking and unexpected loss can leave a bereaved family reeling, and in an emotional fog, as they grasp to deal with their swirling emotions in the wake of their loved one’s death. The emotional wreckage suffered by some families after a loved one’s wrongful death makes it almost impossible to think about seeking legal action in the midst of their grief. “Yes, we need to do that,” they might say: “but later.” And other families are simply unaware that anything can be done. Some people are even hoping you’ll see things that way; to your detriment.

However, pursuing legal action through a wrongful death lawsuit can be an important step in the healing process for a number of reasons. Texas wrongful death attorney our lead attorney offers the following information to help clarify why a family should pursue a wrongful death lawsuit sooner than later, the issues (and opposition), that wrongful death plaintiffs can expect when they initiate such a legal action, and how we might be able to assist you through your time of loss and sorrow: because you will recover, even if your lives will never be the same again.

In the Midst of Your Family’s Grief, Here’s Why it is Necessary to Consider Wrongful Death Actions Now; Rather than Later

We can think of two reasons why a bereaved family should pursue a wrongful death lawsuit after losing a loved one due to a negligent fatal accident: compensation and justice.

The stated purpose of a wrongful death lawsuit is to enable an aggrieved family to seek compensation for their loss from the party or parties responsible for this tragic accident. And even though any amount of money will never return your loved one to you, it can greatly relieve you of the many financial stresses and ominous economic need that a family experiences immediately after such a loss. You’ve got medical costs, funeral expenses. Your loved one suffered tremendous pain as are you and your family now. And if your family was counting on this family member’s consistent income, your bills look even steeper without that money coming in. Seeking compensation for wrongful death in Texas is important under virtually any circumstance. But winning such compensation is especially critical in cases where a primary wage-earner has died. The compensation sought in such an accident can be used to ensure that the surviving family is financially stable as they begin to recover from their loss.

The primary (yet unstated) goal of a wrongful death lawsuit is for the liable defendants to be held accountable for their negligent behavior. And since some fatal accidents are not the result of criminal behavior, a Texas wrongful death insurance claim or a civil lawsuit are the only legal avenues that an aggrieved party has in order bring all of these defendants to ultimate justice. The compensation that they must award to a plaintiff after a successful wrongful death action can be considered a punitive measure of sorts because a high monetary award will make them painfully aware of their negligent actions that caused the death of your loved one. And maybe next time they won’t be so cavalier with the lives of others.

When we take on a wrongful death lawsuit, you always get our best effort to ensure that you’re properly compensated, in addition to making sure that all liable parties are held accountable to you and your family for the harm they’ve done. They may not go to jail for what they did. But they will pay. Like you, we don’t want to see a similar fatal accident occur in the future due to the same negligent behavior by the same liable defendants. We want everyone who is even remotely responsible to be held accountable for the grief and pain they’ve caused you and your family.

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What Constitutes a Valid Wrongful Death Claim in Texas?

Without a clear understanding of the law, many people in your situation aren’t aware of whether or not they may be able to take legal action against a negligent party through a wrongful death lawsuit. So to begin at the beginning, here is a list of basic conditions that had to have existed, in order for a wrongful death lawsuit to be pursued:

The victim must have died as a result of the negligent behavior of another person or entity. This negligent behavior could have been the direct cause or in legal terms, the proximate cause of the fatal accident. Proximate cause means that the liable party played a contributing role leading up to the accident.
The victim must have a surviving family member or beneficiary that can pursue legal action.
The victim or the victim’s family must have incurred some form of financial loss, known as damages, as a result of the fatal accident.
If these basic aspects existed in regards to the accident that claimed the life of your loved one, you will likely be able to seek legal action against the liable parties through a wrongful death claim against an involved liability insurance company (if there is one) or a lawsuit in civil court. If you are unsure whether or not these circumstances may have existed in regard to your possible case, contact one of our Texas wrongful death attorneys toll-free at 1(800) 862-1260 to discuss the merits of your wrongful death case.

Furthermore, it should also be known that a claim or civil lawsuit can be pursued regardless of whether or not a liable party is also facing criminal charges. The purposes of each type of case are different. And if criminal charges were considered against any negligent parties, but weren’t filed, that has no bearing on your right to file a wrongful death lawsuit in civil court. But it certainly strengthens your case against any defendants in a wrongful death civil lawsuit

For example, a distracted driver may strike a pedestrian, resulting in that pedestrian’s death. In most instances, criminal charges will not be brought against the negligent driver. But if the same driver had been drunk at the time he or she hit your beloved family member, then criminal charges likely would be brought against the driver. In either instance, the driver could be held civilly liable for their actions through a wrongful death lawsuit in Texas, whether criminal charges were filed or not.

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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An Overview of the Damages That Can Be Awarded in a Texas Wrongful Death Lawsuit

“Damages” is the legal term for the financial losses that a victim or a victim’s family incurs as a result of a fatal accident. In Texas, damages in wrongful death lawsuits are separated into two categories known as wrongful death damages and survival damages. And because these damages can be viewed differently by a jury, it’s important that plaintiffs seek both types of damages in a wrongful death lawsuit so that the bereaved family can stand to be properly compensated for their loss, and the liable parties are held properly accountable for their negligence.

Wrongful death damages are those incurred by the family members that have lost a loved one due to a fatal accident. These damages can be sought by multiple immediate family members such as a spouse, parents, or children, either separately or collectively. Wrongful death damages will often, but not always, include compensation for items such as the deceased family member’s medical bills prior to death and funeral expenses, The family’s pain and suffering due to their loss (again, sought individually or collectively) and the loss of financial support that had been provided by the decedent are legitimate wrongful death damages, as well as loss of consortium. In some cases that loss of consortium (to the spouse) can be both marital and professional if husband and wife run a business together.

Survival damages, on the other hand, relate to the damages that the decedent incurred or would have incurred had they survived the accident. And in this case, only one family member can seek survival damages since that family member effectively acts as a proxy for their deceased relative in a wrongful death case in Texas. The family member seeking survival damages can also seek wrongful death damages. And only the closest living (or designated) family member can pursue a survival damages claim. Usually, the first one that will file a survival damage lawsuit is the spouse. But if the spouse is absent, or does not file a civil suit, the children (from oldest to youngest) are next in line. After that come the parents of the deceased loved one, then maybe a sibling if an unusually close relationship can be proven by the plaintiff. But again, only one person on this list can file a survival damage lawsuit.

Survival damages can include financial compensation for things such as a deceased family member’s medical bills (had they lived), their lost wages due to time off from work while injured, their pain and suffering, their mental or emotional duress in the accident, their disfigurement or possible long-term injury, and property damage costs. Not all of these particular damages must be filed and in many cases, not all of them will be. But establishing which one applies to any specific wrongful death case, then computing the value of these amounts is seldom easy, especially for one who is not well-versed in establishing the value of such losses or projected but unrealized amounts.

A non-attorney or one with little legal experience may not appreciate the full extent of damages that should be requested by a deceased family member’s survivors. But with over two decades of experience in wrongful death cases throughout Texas, the wrongful death lawyers with our Law Firm have the reputation for success and their depth of knowledge to correctly calculate damages and justify their inclusion into any wrongful death lawsuit. If all of those damages suffered by a bereaved family are not properly calculated or included in the civil lawsuit, that unfortunate family stands a very poor chance of realizing full and fair compensation for their loss. And a negligently liable defendant may very well escape owing-up, and then paying his or her fair share for the hand he or she played in a fatal Texas accident.

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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The Nature of Wrongful Death Lawsuits When Your Loved one is Killed at Work

A lot of wrongful death lawsuits often occur if the loved one was killed while on the job.

Work-related fatalities involve specific Texas work injury laws. And about half of these tragic events might involve workers’ comp insurance, in which case this issue is the first one that must be taken into consideration. An employer covered by workers’ comp in Texas is immune to lawsuits, with one particular exception. If a worker is killed due to gross negligence by their employer, a wrongful death lawsuit can be brought against that employer.

A Texas wrongful death lawyer’s history of experience with both wrongful death cases and fatal work accident cases is a big help as you seek justice against such a negligent employer. But the standard of proof is quite high in order to establish an employer’s guilt of gross negligence. In the event that an employee dies while working for an employer protected by workers’ comp in which the employer only exercised standard negligence, a bereaved family can seek compensation for their loss through the workers’ compensation insurance policy. But that amount is not likely to fully replace the total lost income or other damages from the fatal accident.

This is where the fatal work injury attorneys with our Law Firm can investigate the accident in order to find other parties that may have also been involved in some way, even if it was not overt involvement, in contributing to the accident. This “third party” involvement is quite common in fatal workplace accidents as often a fatal work accident occurs due to the negligence or carelessness of more than one person or entity. In instances where multiple parties bear liability for the death of a worker, a bereaved family may be able to seek compensation through a wrongful death lawsuit against these “third” liable parties, in addition to seeking compensation through the workers’ comp policy due to the negligence of the employer. Or sometimes fatal injury accidents in the workplace are caused by defective products or machinery, which opens the manufacturers up to a possible defective product lawsuit. And if the employer is not covered by workers’ comp, then an insurance claim or lawsuit may be pursued for the full amount of the family’s financial loss

All of these issues can be quite challenging for those with little to no legal experience. And there are other more subtle issues that could have a strong impact on the nature of your wrongful death claim or case. But a well-trained and experienced Texas wrongful death attorney with our Law Firm is ready to use all his knowledge and skill to work for you so your loved one will not have died in vain.

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Medical Malpractice and Wrongful Death Lawsuits

Medical malpractice is another sub-category of wrongful death lawsuits. However, recent tort reform in Texas has made it much more difficult for wrongful death survivors to seek legal restitution through a medical malpractice lawsuit. While tort reform was intended to prevent frivolous lawsuits from tying up the court systems, it also made it very complicated for legitimate medical malpractice lawsuits to proceed against negligent medical professionals. And if that isn’t enough, damage caps now exist on the amounts that can be sought – and paid – in one single medical malpractice lawsuit. This means that a bereaved family may not be able to seek fair compensation for their loss in one suit that would be commensurate to the actual incurred damages they have incurred. And though damage caps and other complications surrounding medical malpractice do make it more difficult to win fair judgments, there is still a way for families of those who have suffered wrongful death to recover fair recompense When we investigate a medical malpractice claim that has resulted in a wrongful death, we will work to identify all liable parties. Some might have caps placed on the amount of damages that can be sought from them while others might not. Then the plan is similar to filing third party claims in a work-related accidental death case. And the more defendants who are drawn into your claim or lawsuit, the better the chance your family will receive total fair compensation.

We also must share with you the fact that many attorneys hesitate at the prospect of representing clients in medical malpractice cases because of their challenging nature in the wake of our recent tort reform, in addition to the many complicated technical aspects often involved in such wrongful death lawsuits. Our Texas wrongful death attorneys are familiar with all of the challenges posed by medical malpractice cases and are prepared to help you seek fair and proper compensation for your family’s loss if it was caused by a negligent medical professional.

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Some of the Challenges Posed by Opponents to Your Texas Wrongful Death Lawsuit

Most wrongful death lawsuits will likely involve some type of liability insurance policy. Since death often results in a large amount of damages being incurred by both; the decedent and the surviving family, any insurance compensation that is likely to pay these damages from a wrongful death lawsuit may be a very large amount of money indeed. As a result, an insurer that holds such a large policy will likely attempt to do whatever they can in order to avoid being ultimately responsible for paying out such a sizable sum.

This callous behavior, even if the evidence clearly proves the insured defendant was negligent in causing the wrongful death rarely changes, regardless of the bereaved family’s obvious need for proper compensation. This is a prominent reason why your wrongful death case requires aggressive legal action in order to succeed against a liable party’s “dug-in” insurer. These companies (along with their adjusters and the lawyers who defend them in court) typically attempt to pass the blame for a fatal accident onto anyone who may have been involved in the accident.

They will even resort to calling your loved one’s actions, or lifestyle, into question in the hopes of having the wrongful death claim completely denied. Unless you and your Texas wrongful death attorney have meticulously built a strong case with relevant evidence that can speak on your loved one’s behalf, an insurer may be able to argue themselves out of liability for a fatal accident, and get off the hook of paying no compensation whatsoever to your family. And this means no justice against the insured negligent defendant who is also off the hook for the accidental death of your loved one. With over two decades of experience in taking on these types of insurers, our Law Firm is well-acquainted with their methods and tactics, and how to counter every one of them. This means that we can make sure that you’re treated fairly by the insurance companies that have no interest at all in anything other than keeping their money.

Time itself can also be a challenge to wrongful death lawsuits. For instance, the statute of limitations for a Texas wrongful death lawsuit is two years from the date of death. While this timeline can be extended in certain situations surrounding gross negligence, or if criminal charges have been filed against a liable party, a victim’s family most often only has two years to seek legal action against a liable party. While this may sound like a long time, it is not that long a time when a thorough investigation must be conducted. Some of them have been known to take as much as a year, depending on the circumstances surrounding the death, the number of liable parties, and determining which liable parties will be able to pay their share of the damages.

Other exceptions to that two-year statute of limitations can include:

A wrongful death claim on behalf of a minor child can not expire until the child is of legal age. In fact, the two-year statute does not start to count down until the child’s 18th birthday. For example, if a 15-year-old child lost their father in a work-related accident, that child’s claim would be extended until two years after they are of legal age (their 30th birthday), which would leave a five-year statute of limitations. Generally, a minor child has no legal standing to file any civil suit in Texas until they turn 18. And that point factors into who can file for Wrongful Death or Survival damages.

Wrongful death cases in Texas are subject to the “discovery rule” which states that the two years does not begin to run until the time that a reasonably prudent person would have known that they had a cause of action. A perfect example if the differences in this discovery rule would be to compare a fatal construction accident injury and a fatal injury in a pharmaceutical case. Wrongful death from a construction accident usually doesn’t take very long to determine if someone’s negligence lead to the death of your loved one. But if it is a defective product wrongful death action (in this case, pharmaceutical) and the defect is not known until three years after the death of your loved one, the day it becomes known begins the first day of the two-year statute of limitations.

In cases where the defendant deliberately concealed their involvement or culpability in a death, the statute may be extended to allow the family of the deceased to pursue civil action against the defendant. In some situations, this concealment may be the result of furthering a criminal enterprise. When this happens, the defendant may also be subject to criminal charges in addition to civil charges. But once the concealment becomes public, that too is the beginning of the two-year window to initiate civil action.

Additionally, the longer you may hesitate to contact a Texas wrongful death attorney, the more harm you may unintentionally be doing to your case. Evidence can disappear, or can even be removed by those who wish to avoid being held accountable for their actions. Witnesses can become increasingly difficult to track down. Or they may forget critical details in connection to the fatal accident, or “encouraged” by defendants to disappear. This is why it is critical that your attorney and his investigators to be on the scene of a fatal accident as soon as possible after it has occurred, which is why it is equally important that you not hesitate in calling a Texas wrongful death lawyer if you want to build a strong legal case toward fair compensation for your loved one’s wrongful death..

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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Contact our Local Texas Wrongful Death Attorneys for Help Today

We truly understand why suffering the loss of a loved one due to a wrongful death is clearly one of the most devastating times that a family can endure. The pain and suffering you and your surviving loved ones, the loss of income, the avalanche of bills and the fact that life must go on (and bills still need to be paid) always makes such a tragic experience such an overwhelming experience for you and your family. We know that you’re going through a difficult time right now as you mourn your loss. And we want to help you make sure that the negligent behavior, whether it’s by one, or several liable defendants, does not have to create even more financial stress for your family today or in the future. You already have enough to deal with. And we know you also don’t want another family to have to endure the same sad fate in the future because these negligent parties are not called to legally account for their actions.

It’s quite likely that insurance adjusters and their attorneys are already in contact with you and have even begun offering settlements. Please, for the sake of your family, before you speak with an insurance company, or attorney, or accept even a single dollar of payment or compensation from anyone, or sign anything, or attempt to file a lawsuit on your own, you must contact a competent lawyer. Defendants and their insurance providers and lawyers want you to accept a substandard settlement and save their own money. Don’t be taken advantage of. In fact, we warn you to never talk about any details of your intentions, or anything else surrounding the injury, with anyone until you’ve retained your own experienced lawyer to protect your interests. Failure to do this will certainly cripple whatever compensation rights you and your family have.

With a successful track record in wrongful death cases across the state, Texas wrongful death lawyer our lead attorney, and his associates at our Texas Law Firm, can help you win fair compensation and seek justice for your loved one’s untimely death. Our reputation is both well-respected and feared by both insurance companies and their defense attorneys, This means that, once we’ve taken your case and created strong arguments that can be used in court to justify your full, fair compensation request, the insurance companies might very well decide to negotiate in good faith and pay a fair out-of-court settlement. And that means your wrongful death suit won’t have to go through a painful and arduous trial.

But if a trial is necessary to fully defend your rights and your loved one’s rights, we are always prepared to fight for you in court as well. And the insurance companies know that too.

Contact our Texas wrongful death attorneys at our toll-free number 1(800) 862-1260 for a complimentary, confidential legal consultation. We can answer all your questions surrounding the possible pursuit of a wrongful death civil suit. Our goal is to help you get through this difficult time so that you and your family can be fully compensated for your loss from the liable defendants who are fully accountable for their negligent behavior. And with that peace of mind, you and your family can move forward with your lives, and your loved one can truly rest in peace.

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