legal -2/24/2020 – gtg

Truck Collision Lawyers – Trucking Accident Attorneys
An attorney-client relationship is not established by submitting this initial contact information to our office.

LARGE TRUCK ACCIDENTS – COMMON CAUSES
Big rig accidents happen for a variety of reasons. Sometimes, the crash is the truck driver’s fault and other times, the other driver’s fault. Drivers of other vehicles sometimes try to illegally pass large trucks on the highway or freeway thereby causing the accident. But studies have shown that when these accidents are caused because of the truck driver, the following causes are very likely:

Truck Driver Fatigue
A tired driver is a dangerous one. Truck drivers often transport a variety of goods from one part of the country to another. As a result, they end up working continuous long hours. However, federal laws are very clear on how long truckers can drive. The Federal Motor Carrier Safety Administration (FMCSA) in April 2003 instituted new “hours of service regulations” to address the concern of truck driver fatigue and the high number of accidents attributed to this problem. Although this has helped curb the number of truck accidents, driver fatigue is still believed to be a factor in one-fourth of all truck accidents.

The law allows truck drivers to operate their vehicles for a total of 11 hours in a 24-hour work period and not more than 14 hours. The law mandates that they take a consecutive 10 hours break before the start of the next work period. Studies and investigations have repeatedly shown that truck drivers and their companies have broken this hour-of-service law. Companies have been fined for allowing drivers to falsify their hours so it appears as if they have been following this law. Truck drivers are required to maintain extensive logs and other paperwork to demonstrate compliance.

Alcohol and drug abuse
Companies who employ truck drivers are required to test their drivers to verify their use of alcohol and/or drugs. Driving a large commercial vehicle under the influence of alcohol or drugs can have disastrous consequences. A driver does not even have to be inebriated to cause an accident. Even a lower blood alcohol level or drug use can impair the truck driver’s judgment on the freeway. A recent study of big rig drivers by the Insurance Institute of Highway Safety found that 15 percent of all drivers had marijuana in their system; 12 percent had non-prescription stimulants; 5 percent had prescription stimulants and 2 percent had cocaine. Less than 1 percent of the drivers had alcohol in their system. While a small percentage of truck accidents are caused because the driver is under the influence of alcohol or drugs, driver fatigue still causes a majority of truck accidents.

Reckless driving
Safe driving practices are important for all drivers, but they assume special significance when someone is driving a vehicle that could weigh up to 80,000 pounds and pulling a large load. Speeding, reckless driving, dangerously changing lanes are all driving practices that could cause a truck accident – which could easily claim lives because of the intensity of these crashes.

Distracted drivers
Distractions such as cell phones, pagers, computers and texting have become part of our driving experience. In some case, truck drivers may be distracted and lose control of their vehicles when they are using a cell phone or doing something else such as eating while driving.

Improper vehicle maintenance
Truck drivers and their companies are required to inspect their vehicles periodically and make sure there are no malfunctions. They must inspect brakes, tail lights and tires. Next to driver fatigue, improper vehicle maintenance is said to cause the most large truck accidents.

Inexperienced drivers
Drivers get most of their knowledge of safe driving practices based on their experience. When trucking companies hire inexperienced drivers, even those who’ve only been driving for a few days or weeks and put them on long shifts, the results can be catastrophic. Trucking companies must ensure that their drivers are experienced and knowledgeable enough to take the wheel.

Jackknifing
Large 18 wheelers are particularly prone to what is known as “jackknifing.” This type of accident occurs under certain conditions particularly when drivers apply brakes suddenly and their axle brakes lock up. This essentially causes the truck to skid and go on a 90-degree angle relative to the rig’s cab. This could occur at low or high speeds. These accidents can usually be avoided by careful braking and additional driver training.

If you or a loved one has been injured in a truck, 18-wheeler or big rig accident – whatever the cause may be – call our experienced and efficient truck accident attorneys to find out about your legal rights and how to protect them. Our accident investigators will complete a thorough investigation of your case, make every effort to protect important evidence and get you the compensation and damages you rightfully deserve. Call our Law firm today to schedule your free appointment.

Big Rig Accident Attorney Disclaimer: The truck crash, 18 wheeler accident, tractor-trailer accident, trucking accident or other legal or personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney-client relationship. Further communication with our personal injury attorneys through the website and email may not be considered as confidential or privileged. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a truck accident lawyer at our Law Firm for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of Texas.

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An attorney-client relationship is not established by submitting this initial contact information to our office.

Truck Accident Lawyers

When big rigs, large trucks or 18 wheelers crash with passenger vehicles, it could result in catastrophic injuries and fatalities. If you or a loved one has been injured in such a crash, especially if it was caused by the truck driver’s carelessness or negligence, you may be entitled to compensation or damages to cover medical expenses, funeral expenses, emotional distress, lost pay or loss of career and other serious injuries. In some cases, victims may also seek punitive damages against the truck driver or the trucking company that employs the driver.

The trucking accident lawyers at our Law Firm have had extensive experience representing truck accident victims throughout Texas. We know and understand the seriousness of these accidents and the financial hardship such accidents and severe injuries can cause.

With the increasing number of big rigs and large trucks on Texas freeways and highways, truck accidents are on the rise here and nationwide. These accidents, which almost always result in major injuries and wrongful deaths, could be caused by:

Driver fatigue or exhaustion
Overloaded or oversized trucks
Improper vehicle maintenance
Speeding, reckless or aggressive driving
Running off the road
Failure to yield right of way
Mechanical failure
Inexperienced driver – lack of training
Alcohol and/or drug abuse
Poor driving or road conditions

The experienced truck accident attorneys at our Law Firm know how to identify the responsible party and get you the compensation and damages you rightfully deserve. Truck accidents are often complex cases involving multiple parties. We can help you sort through what can be a complicated process involving a lengthy court process and paperwork so you can focus on rebuilding your life and recovering from your injury or loss.

Retaining a knowledgeable and experienced personal injury attorney is particularly important in a truck accident case because he or she will know how to obtain and preserve evidence you may not even know exists. An experienced truck accident lawyer knows how to obtain information from different sources, how to interpret the information and utilize it in favor of the client to obtain the best possible result and fair compensation.

If you have been injured in Texas, even if you are not sure if you have a case, contact our personal injury lawyers and we will be glad to answer all of your questions.

We handle every truck accident case on a contingency basis. This means that we aren’t paid until and unless we successfully settle your case. Our payment only comes from a percentage of the award. We have an excellent track record of helping our clients win significant damages which have helped them move on with their lives after what was a traumatic episode in their lives. Contact us today with your questions toll-free.

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Truck Accident Attorneys
An attorney-client relationship is not established by submitting this initial contact information to our office.

What is a “commercial truck” or a big truck?
A commercial truck or a big truck is a vehicle used to transport a variety of commercial goods across the country. There are different types of big trucks – 18-wheelers, tractor-trailers, tanker trucks, dump trucks, semi-trucks, delivery trucks and other types of large freight trucks. The goods they carry could include anything from gravel, electronics, produce and cattle to hazardous chemicals and electronics. These trucks are very large and heavy compared to other vehicles on the roadway. Some of these big rigs weigh more than 80,000 pounds, but an average large truck weighs about 10,000 pounds.

What types of accidents occur between big trucks and other vehicles?
Truck accidents may occur under a variety of circumstances. Truck drivers may sometimes lose control of their vehicles because they are overloaded, or poorly maintained or because of dangerous conditions on the roadway. Many truck accidents also happen because the big rig drivers have been illegally working longer hours than they are supposed to. Because of the size and weight of the big rigs the intensity and magnitude of a big truck crash are many times more than a crash between passenger vehicles.

Will a big rig crash usually result in serious injuries?
It depends on the type of crash. Truck accident victims may suffer a range of injuries such as broken bones, traumatic brain injuries, head injuries, loss of limbs, spinal cord injuries, whiplash, and burns. These injuries may have life-long consequences and leave the victim paralyzed, disfigured or scarred for life.

What compensation can I expect to receive if the accident was the truck driver’s fault?
If the accident was the big rig driver’s fault, then the company he or she was working with will likely be liable for the injuries you suffered. Compensation could include coverage of your medical expenses, hospital bills, lost present and future wages or income, pain and suffering, emotional distress and loss of consortium.

Can I receive compensation if the accident was partly my fault?
Yes, you may be, depending on the degree of your involvement or fault. “Comparative negligence” or the level of your carelessness in comparison with the other party’s will need to be determined. If you are found to be largely responsible for the accident and the resultant damages, it is very likely that you will not be able to recover anything.

Who may sue if the truck accident turned out to be fatal?
Family members and loved ones of the injured or deceased may be involved in the lawsuit.

What should I do after I’ve been in a truck accident?
The first thing you should do is get to a safe place and get medical help for yourself or others who have been injured in the accident. Get names, insurance information, and contact information for all drivers and passengers involved in the incident. Call your insurance company as soon as possible. You should get a medical examination even if you feel fine initially. Internal injuries or bleeding could result and may not be detected at first but could turn out to be serious later.

You certainly do. Truck accidents are usually serious or major injury accidents. They are complex and involve multiple parties, a lengthy court process and paperwork. An experienced and competent truck accident lawyer can take care of that process and get you the best possible result so you have the peace of mind, the time and space you need to recover and heal. Also, it takes a professional firm with the resources to conduct an independent accident investigation, the results of which can make or break a case. We work on a contingency, which means we don’t get a dime until we win your case. After that, our firm will get a percentage of the jury award or settlement. We never charge for the initial consultation.

If you or a loved one has been injured in a large truck or big rig accident, call our Law Firm for a free, no-obligation consultation. Our attorneys can help you file your claim in a timely manner and make sure that you have an aggressive, effective and professional legal team on your side.

Trucking Accident Lawyer Disclaimer: The truck crash, 18 wheeler accident, tractor-trailer accident, trucking accident or other legal or personal injury information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney-client relationship. Further communication with our personal injury attorneys through the website and email may not be considered as confidential or privileged. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a truck accident lawyer at our Law Firm for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of Texas.

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Before we get to the claim itself, the first step in a personal injury legal matter is choosing a lawyer. Hiring the right personal injury lawyer for your case is an important component of the likelihood of obtaining a positive outcome for your situation.

During your initial consultation with your prospective injury attorney, you will be interviewed about the specific circumstances that led to your injury matter. For example, they may request access to medical records which will require you to sign a formal authorization, sometimes referred to as “HIPAA releases”. Your attorney will “work your case” in anticipation of trial. While many cases reach a settlement well before they reach the trial stage, is important that the case is properly prepared for trial in the event that a settlement cannot be reached.

Another important consideration for personal injury cases is called “the statute of limitations”. This is the time that a person has to claim their personal injury. This time period is usually set by the laws of your state and may be as short as one to two years. This time period varies from state to state and it’s important that you discuss this issue with your lawyer early on. In Texas, the statute of limitations is two years. If you don’t meet the statutory timing requirements, you may lose your ability to recover for your injuries forever.

Once your case is underway, your lawyer will probably file the required paperwork. This will include a document known as the complaint. The complaint outlines your case. There will also be a court filing fee that must be paid at the time of filing. This paperwork must also be properly served on the other parties to the case. Failing to effectuate proper service, may be cause for dismissal of your case.

After service has been properly effectuated, the defendants will probably provide some kind of answer. In some jurisdictions, this may either include a formal answer or a motion to dismiss your case. The next step is for the parties to begin the discovery phase. During discovery, requests are made by the parties for documents and information relevant to the issues giving rise to the case. Typically, these requests include a series of questions, requests for documents, and depositions of witnesses. It is not unlikely for this process to take a long time, even months or even years.

Next, the parties will probably begin discussing the possibility of negotiating a settlement. During this phase, there will be meetings, phone calls, and conferences between the parties’ lawyers about how much compensation, if any, the plaintiff is entitled. If these negotiations do not lead to a settlement, the case will proceed to trial. At that point, the case will be presented to either a judge or jury to determine if, and how much, compensation the injured party deserves.

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Generally, a negligent action is carelessness that leads to personal injury to another individual. It can be an behavior, like carelessly knocking a rock off a rooftop, or a failure to act, like a landlord who doesn’t fix a worn-out stair. A negligent action typically provides the grounds for injuries cases.

To file a legal suit for negligence, the injury victim (the individual filing the legal action) has to prove four points: That the negligent party (the person or entity being sued) owed the plaintiff a duty of due care; that the defendant failed to use due care towards the injured party (i.e. breached the duty); that the defendant’s breach of duty caused the plaintiff’s harm; and that the injured party suffered damages as an end result.

Duty of care: The injury victim needs to demonstrate that the accused had a duty of reasonable care toward the injured party. An individual has a duty to avoid causing injury to another if a reasonable individual in the same scenario could foresee that an behavior (or failure to act) might lead to harm. Some scenarios are very clear. We all know that somebody could be injured if we run a stoplight, so we have a duty of reasonable care to follow traffic laws and signals. Other cases are more tricky. If a homeowner has a private swimming pool in a fenced yard, does he have a duty to prevent a neighbor child from climbing the fence and accidentally drowning in the pool? How much care would a reasonable man or woman take in that circumstance? In each case, the issues concerning the injury play a significant role in determining whether or not a defendant had a duty of reasonable care towards the injury victim.

Breach of Duty: The plaintiff has to demonstrate that the negligent parties failed to carry out their duty of care. For example, an ordinary individual could foresee that a van full of explosives could ignite, so a person who parks such a vehicle in a populated parking lot has breached the duty of due care to the other people nearby. If the vehicle blows up, the driver may be guilty of negligence. A person may also foresee that a car that isn’t repaired adequately could malfunction, so if the brakes on a poorly maintained car fail and the car hits a young child, the owner of the car might have breached the duty of care to that child. Every car owner has a duty to maintain the car in a safe condition. Alternatively, if the owner regularly maintains and repairs the car and the brakes failed because the brakes were faulty or the mechanic made a mistake, the owner did not breach a duty of reasonable care, though the brake manufacturer or the mechanic might be to blame.

Cause: The injured party needs to demonstrate that the negligent persons breach of duty triggered the injury for which the plaintiff is suing. Sometimes causation is clear. If you run a red light and hit a person, you obviously caused the injuries. If the pedestrian’s elderly mother has a heart attack and passes away when she hears of her daughter’s injury, did you result in that injury? Not likely, but those are the kinds of difficulties that have to be solved in a negligence lawsuit. There could also be issues about what injury was caused by an accident. People today typically have more than one accident in their lives, so if a person has had two prior back injuries, precisely what injury to the back was caused by the most recent fall down a flight of stairs?

Damages: Damages in a negligence claim try to put the injury victim in the same situation he or she would be in if the accident hadn’t occurred. A plaintiff has to prove the monetary value of his or her injuries. For example, if somebody is disabled and can no longer work, a calculation of damages would consider the profession of the injury victim and the amount he or she would have earned during the time left in a normal working career. Damages would also include medical expenses and estimated costs for medical care, special accommodations, and assisted living.

In some situations, negligent parties are at fault for negligence because of the operation of law, and not because they specifically caused an accident. As an example, since an employer is held to blame for injuries attributable to employees during work, UPS may be liable if a UPS driver has an accident while making deliveries. A hospital may be held accountable for injury caused by only one nurse. Injured parties often make claims against several defendants to make sure there will be enough assets (money) to pay a judgment.

If you think you have been the victim of negligence, contact us for a free consultation.

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Our workplace injury lawyers know just how high the stakes are for people seriously injured at work. That’s why the workplace injury attorneys at our firm work so hard on every case. We know that the settlement or verdict we’re fighting for on your behalf is about more than just money. It’s about justice, about holding corporations and people accountable for their actions.

Workplace injuries take many forms. You may have been injured doing a work task you’ve been doing for years, such as walking on scaffolding, operating a crane, lifting heavy patients out of wheelchairs or replacing old electrical wiring. Then one day you found yourself in an ambulance on your way to the hospital with a severe work-related injury. Whether you suffered a debilitating traumatic brain injury in a construction accident, a repetitive stress injury such as carpal tunnel syndrome, a strained back from lifting or you’re an injured offshore worker who was struck by a hoist loaded with cargo, we can help.

We know OSHA regulations and Workers’ Compensation laws inside out and, with us in your corner, you are much more likely to obtain a major Workers’ Comp claim settlement, helping you recover physically, financially and emotionally. If necessary, we can help you file a workplace injury lawsuit wherever it occurred. Workplace injury lawsuits are sometimes the best way to resolve the case. Explore your options. Unfortunately, most Workers’ Compensation claims are denied, requiring an aggressive, experienced Workman’s Comp attorney to fight for your rights. Here are a few examples of the numerous types of job accidents we often see:

Falls from heights
Toxic exposure from chemical spills
Welder burn injuries
Crane accidents
Tunnel worker silicosis
Work-related car accidents
Electrocution accidents
Asbestos exposure & mesothelioma
Falling object injuries
Fatal workplace accidents

Put your trust in a tough workers’ compensation attorney
If you suffered an accident at work, you’re most likely in significant pain and feeling vulnerable, if not overwhelmed and hopeless. Don’t tackle the Workers’ Compensation application process alone. If you do, it will be your word against the word of intimidating Workers’ Comp insurance adjusters who are used to pressuring job injury victims into accepting a “low-ball” offer. With our firm on your side, you’ll have a far better chance of being able to cover all your medical treatments, loss of income and any occupational therapy you might need if you can’t work.

Call our Law Firm today for a free case evaluation. Every conversation is private, personalized and pressure-free. You pay nothing in fees unless we win your case, so you have nothing to lose and everything to gain.

We care about each and every client and will do all we can to fight for your justice as well. If you lost a loved one in a workplace accident death, we will pursue Workers’ Comp wrongful death benefits on your behalf.

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Accidents are bound to happen; and the only way to truly avoid them is to lock yourself up in a room and never come out. Life isn’t about being open to accidents or even allowing it to happen. You should accept that accidents cannot be avoided and it is best to prepare yourself for anything that may come your way. This is exactly why people take precautionary measures should something dire occur. When grim situations do happen, it is better to be prepared than be caught off-guard. If you live in Jacksonville, consider hiring an accident attorney Jacksonville to have all your accidents covered.

Being involved in an accident can be very stressful, most especially when you reach an argument. In an auto accident, for example, while you’re cruising down a highway, you ram into a van that crossed you over. You know it isn’t your fault, but the van driver is not giving up without a fight. For situations like these, you need an auto accident attorney Jacksonville to help settle things for you so you can avoid fighting. Fighting at the middle of the road is not going to take you anywhere. You’ll only be hurling arguments back and forth.

When it comes to hiring an accident attorney Jacksonville, there are a couple of things that you need to remember. Hiring someone who isn’t skilled enough or doesn’t have good background could give you further complications. You could end up losing the case as well. An accident attorney Jacksonville can remind you of your rights and the laws of your state, so you can file a case with confidence. Hiring the best attorney is crucial, most especially when you find yourself in a very perplexing accident. If you want to get your hands on the best accident attorney Jacksonville, then a couple of tips should help you get started.

Knowing where to find one is possibly one of the hardest phases in looking for an attorney. What you need is someone trusted and experienced, so go ahead and ask for referrals from your friends or peruse the newspaper or the phone directories for an accident attorney Jacksonville. If you know of a local lawyer agency, then go ahead and pay their company a visit. Ask for an accident attorney and discuss what you want with him. Once you meet your attorney, always remember to conduct a short interview before hiring him, and also find out if he has enough experience and a flawless record.

A good accident attorney Jacksonville is good with damages and injuries. Before making your hire, try to see if the two of you can meet eye to eye. Is the person easy to talk to? Does he have good communication skills? At what times of the day will I be able to talk to him, and how will our exchanges take place? These are just a few things you need to ask yourself before making your hire. Your goal is to end up with a well-rounded Jacksonville attorney who can handle all your accident cases. It is very important to be very meticulous about your attorneys credentials. If you do not like what you see, consider hiring someone else.

Accidents are more than just vehicular accidents. Misadventures happen in a lot of forms, and you need to be assured that you are covered with these too. An accident attorney Jacksonville can be many things at once, but some have their specializations. There is a truck accident attorney Jacksonville, an auto accident attorney Jacksonville, a boating accident attorney Jacksonville, and an injury attorney Jacksonville. These people are dedicated to help you out, no matter what your case may be.
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Our New Jersey motorcycle accident lawyers know that motorcycles are, for many people, as much a form of self-expression as a convenient method of transportation. Unfortunately, these vehicles place their owners at risk of suffering extremely serious injuries if they are involved in an accident, including broken bones, spinal cord damage, and permanent brain damage. This is because most motorcycles lack all but the most basic safety features, meaning that they leave their riders exposed to serious injury risks. This is especially true if the accident is caused by the reckless or negligent actions of another person.

Motorcycle accidents can have devastating consequences for those who are involved. Aside from the pain and suffering that the injuries themselves may cause, both in the short and long term, there are many other consequences with which motorcycle accident victims may be faced. These can include costly medical bills, income lost from time spent away from their jobs while recovering, and even strains on personal relationships. No one should have to cope with these types of unfortunate circumstances on their own, particularly if the accident in which they were injured was due to another person’s irresponsible behavior.

If you or someone you know has been the victim of a motorcycle accident, you may be eligible to pursue compensation for the costs that you may have incurred as a result. Contact a New Jersey motorcycle accident lawyer of Levinson Axelrod, P.A., today by calling 800-346-5529 to speak with a qualified member of our legal team about your specific situation and how we may be able to help you pursue action against the party who caused you or your loved one such harm and suffering.

Causes of Motorcycle Accidents
Motorcycle accidents can happen in a number of different ways. In some cases, of course, the accident is not the fault of any individual and likely could not have been avoided. However, there are many other cases in which the cause of the accident is at least partially the fault of someone else. In these circumstances, legal action against those responsible for the accident is often necessary to ensure that the accident’s victims can get the justice they need.

At Levinson Axelrod, P.A., our team of experienced legal professionals is prepared to represent those who have been involved in the following types of accidents:

Driver error
Drunk driving accidents
Roadway defects
Equipment malfunction
These and other causes of motorcycle accidents can have a devastating effect on a motorcyclist’s life. Thus, those who allow an accident to occur in these types of circumstances need to be held accountable for the effects that their actions have had on the lives of others.

Contact Us
If you or someone you know has suffered injuries in a motorcycle accident, you shouldn’t have to pay for the consequences by yourself. Fortunately, with the help of an experienced attorney, you may not have to. Contact the New Jersey car accident attorneys of Levinson Axelrod, P.A., today at 800-346-5529 to find out how it may be possible to hold the responsible individual(s) accountable for the repercussions of the accident they caused.
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When it comes to motor vehicle accidents the first, and most important, action is to prove fault. Fault is demonstrated when examining if the pedestrian or driver have been careless or negligible, and / or have violated the rules of conduct in the maintenance, ownership, use or operation of the vehicle.

In most cases that involve motor vehicle accidents, it is relatively simple and quick to prove who is at fault. For example, an accident in which a traffic rule has been clearly violated such as failing to stop at a red light. On the other hand, there can be situations where it is not as straight forward to demonstrate which party is at fault and, in these instances, it can be more challenging to hold the negligible party liable. This kind of situation may occur when two cars attempt to access the same lane, simultaneously. In this scenario, it is critical to determine which party was careless or most negligible.

In order for a party to be held liable, their negligence in the matter must be proven and shown to be the cause for the accident in question.
For negligence to be proven, the victim needs to demonstrate that the other party (driver or pedestrian), had a reasonable duty to exercise caution; that they failed their duty to exercise reasonable caution; and also that their failure of executing this reasonable caution is what caused the harm to the other party. Alternatively, if the victim involved in the motor vehicle accident has, in any way, contributed to the accident by way of a negligent action(s) of his or her own then it is more difficult to discern liability. In these circumstances, the victim’s compensation for injuries or damages will be limited or even barred.
There are many kinds of motor vehicle accidents that may warrant compensation for damages and / or injuries. Some examples include:

1. Car Accidents
2. Bus Accidents
3. Truck Accidents
4. Bicycle Accidents
5. Motorcycle Accidents
6. ATV Accidents
7. Boat Accidents
8. Pedestrian Accidents

The parties that can be held liable in a motor vehicle accident depend upon the type of vehicle involved. As an example, a victim that is involved in a motor vehicle accident with a truck can hold liable, and seek compensation and / or damages from, the driver for his action(s) or lack, thereof. Additionally, the victim can also hold the owner of the truck, the company whom the driver leased the truck from, and even the manufacturer of the truck liable. The manufacturer of the truck can be held liable for the accident if it was a direct result of faulty vehicle parts, for instance, defective equipment such as tires or breaks.
Compensation as a result of damage from a motor vehicle accident can be pursued through a number of different avenues. For example, as a victim of a motor vehicle accident, you can seek compensation for direct damage to property, destruction of property and loss of use of property. You may also be entitled to further compensation for direct injuries, cost of hospitalization or medical expenses, loss of employment, disability, pain and suffering and even loss of consortium.

Given the intricacies in ascertaining negligence, liability and, ultimately, compensation for damages, it is imperative that you obtain proper legal representation in your matter. Our highly experienced and compassionate lawyers at Intact Accident, in Albuquerque, New Mexico, will ensure that your rights are defended, that the right party (ies) are held liable for their negligible (in)actions and that you receive the maximum amount of compensation and / or damages possible for the wrong that you have endured.

For a FREE consultation, NO costs up-front and the compensation that you deserve, call Intact Accident Personal Injury Lawyers today!

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A common misconception about car accidents is that it does not happen to “good drivers”. Of course, this is not the case as even the most careful drivers can, through no fault of their own, sometimes be involved in a car accident. In light of this, it is vital that all drivers are prepared and know the important steps to take in the unfortunate event that they are involved in a car accident.

If you have been involved in a car accident, or any motor vehicle accident for that matter, be sure to follow these important steps:

1. Remain calm.

It is very normal to feel upset and anxious if you have just been involved in an accident. However, it is important to try to keep your cool, otherwise you might forget crucial information and details that can be very useful down the road.

2. Seek medical attention.

Call 911 and ask for an ambulance to be sent to the scene if you or someone else is injured. It is important to note that, sometimes, it is not immediately obvious if you or the other party (ies) involved in the accident are injured. For this reason, it is a wise decision to call an ambulance even if you think (but are not certain) that you or the other involved party (ies) may be injured.

3. Contact local police authorities.

It is important to file a police report as quickly after the accident as possible to document the facts accurately and to ensure that crucial details and / or information are not forgotten. This is also a key step in ascertaining the party at fault.
When speaking with the police, always be sure to conduct yourself in a polite manner and never, even if you think that you may be responsible, admit fault for the accident. On the other hand, do be sure to let the police know if you think that someone was driving impaired or distracted.
Do not leave the scene of the accident until the police have given you permission to do so.

4. Collect all relevant information.

After leaving the scene of an accident, it becomes increasingly difficult to gather critical information from those involved in the collision. For this reason, it is crucial that you collect all relevant information from drivers, passengers, witnesses and pedestrians. The information that you will need from those involved in the accident includes:
o Full names
o Addresses
o Phone numbers
o License plate numbers
o Make and model of cars
o Insurance status of driver
o Name of person to whom the vehicle is registered

It is also important to record the names and contact details of any witnesses.

5. Collect witness statements.

If you can identify any one who may have seen the accident take place then you will want to obtain their names and contact information as soon as possible. Make sure that you do not discuss the accident with them but, rather, ask them questions about what they have witnessed. For example, ask them what they saw, if they saw the other driver operating their vehicle negligently, if they have seen any other accidents at that location or if they overheard the other party (ies) involved say anything. It is possible that a witness may have overheard the other party (ies) admit guilt.
Make sure that you write down all of the information that the witness relays to you as it may help you with your case.

6. DO NOT ADMIT FAULT.

This is very important. Your admitting fault, whether you believe it to be true or not, can significantly and negatively impact your rights and the outcome of your case. Admitting fault can take the form of blatantly stating so or even by apologizing. Do not apologize to anyone, including the police.

7. Do not speak to insurance companies or sign any documents.

Do not give statements about the accident or your injuries to anyone except for the police, your doctor or you lawyer.
Giving statements to insurance companies without your lawyer’s approval can be detrimental to your case.
It is also imperative that you do not sign any documents without your lawyer’s advice, unless it is for the police or your own insurance agent.

8. Take pictures of the scene of the accident.

If you have a cell phone it is a good idea to take pictures of the accident scene including damage to vehicles, injuries, skid marks and street signs. If you do not have access to a camera on your phone, or other electronic device (i.e. tablet) then you might want to consider keeping a digital or disposable camera in your glove compartment.

9. Make notes about the accident.

To ensure that no potentially important pieces of information fall through the cracks, it is a good idea to make notes about the accident as soon after it occurs as possible. You might want to include the following details:
o Time accident occurred
o Weather conditions
o Names and badge numbers of responding police officers
o Vehicle condition (before and after accident)

You can also inquire as to whether the opposing party’s (ies’) vehicle had any damage prior to the accident, for example, non-functioning break lights. It can also be important to ask if any of the vehicles involved in the accident were company owned.
Lastly, be sure to make a note of any individuals who have admitted fault or are taking blame for the incident.

10. Contact your insurance company.

Call your insurance company and let them know that you have been involved in a car accident. Make sure to cooperate with and be polite to your insurance agent.
However, if you find that your insurance company is being uncooperative then it is important to seek legal advice immediately. We at Intact Accident have a number of skilled and compassionate personal injury lawyers who have years of experience dealing with insurance companies. We can help you right away; Give us a call today! 855-851-2001.

11. Call an attorney at Intact Accident as soon as possible.

If you have been injured, or a loved one has been injured or killed, as a result of a motor vehicle accident then you need to act quickly. It is possible that your right to seek compensation from the liable individual and / or business may be compromised if you delay action. Our personal injury lawyers at Intact Accident can help you understand your legal rights and fight for the compensation that you deserve!
When you are represented by Intact Accident Personal Injury Lawyers, we help ease the financial burden. We do not ask you for any money up front, and we only get paid if we make a recovery in your case.

Do not wait; call Intact Accident Personal Injury Lawyers, in Albuquerque, New Mexico, today for a FREE and CONFIDENTIAL consultation!

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Getting compensated for your car accident should not be difficult but many times the car insurance company does not want to give you the money that you deserve.

Their job is simply to keep more money in their pocket than they give out in settlements.

You should have someone on your side that knows all of the tricks that the insurance company tries to play on innocent victims like yourself.

When Should I Contact A Car Accident Attorney?

One of the things that people are very confused about is when to contact a car accident attorney.

If your claim is under 500 dollars in value then you most likely do not need to contact an attorney, this is unless you believe your claim should be above this amount but the insurance company is try to take your money.

You should contact an attorney if:

You have injuries or damages which you are not sure of their worth. If you think that you should be getting more money than the insurance company wants to give you then you should contact an attorney.
There were multiple injuries in the accident.
You missed out on work because of injuries resulting from the accident.
There was strain on your marriage because of the accident.
There was emotional trauma because of the accident.
You are unsure what to do with the claims process
Why To Use An Attorney

You should use an attorney because you do not have a working knowledge of all the auto accident law. There are so many different rules and laws that you don’t know that you may leave 1,000s of dollars on the table!

Besides for this you may not have the time or ability to take care of the claims process.

You may be friends with your insurance agent but you must understand that they are not on your side. They are not trying to get you the most money possible.

Hiring an attorney that specializes in car crash law is going to be the best way to get a professional on your side.

No Up Front Fees! What is so much better is that the attorneys are not going to charge you anything to start the process. Not a penny. The only way that they get paid is if you get paid and then it’s only a small percentage of your settlement.

How To Get In Contact With An Auto Accident Attorney?

Here on this site we’ve made it easy to get in contact with a legal professional practicing in your area. All that you need to do is enter your state and city in the box above. Once you do this you will have a form that you can submit your contact information and your full story of your accident as well.

How Soon Will I Hear From An Attorney?

Most times after you have entered your information you will get a call within 24 hours and sometimes as little as 2 hours unless it is a weekend or a holiday.

Conclusion

Just scroll to the top, enter your state, your city and then your contact information and details about your accident click submit. Once you do this you will be contacted for a free consultation.

Top to Fill Out Accident Claim Form
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If you injured by another person, it is important that you take care of your injuries as soon as possible, but it is also important that, after this is accomplished, you contact a lawyer if you believe you may not be at fault for the injury. This is because you have a limited amount of time to file a personal injury lawsuit in Texas.

Statute of limitations

The statute of limitations is the statutory rule that determines how long you have to file a claim with the court after you are injured. In the usual case, the limitation period starts when the injury occurs. In Texas, except for defamation cases (which this article does not deal with), the limitation period is two years.

Discovery rule

Sometimes, you may know that you are injured but you may not know who or what is the cause of an injury, or you may not even know that an injury has occurred, until a long time after the act which causes the injury (that is, beyond two years after the injury occurs). In this situation, under the “discovery rule,” a lawsuit can be filed within a defined period of time after the injury is discovered, or reasonably should have been discovered.

The Texas Supreme Court has stated in Wagner & Brown, Ltd. v. Horwood that the discovery rule is “a very limited exception to statutes of limitations”, to be applied when an injury is inherently undiscoverable and objectively verifiable. “An injury is inherently undiscoverable if it is, by its nature, unlikely to be discovered within the prescribed limitations period despite due diligence.” And what is “due diligence”? In Southwest Olshan Found. Repair Co., LLC v. Gonzales, the Court of Appeals defined it as the “[k]nowledge of facts, conditions, or circumstances that would cause a reasonable person to make inquiry . . . is equivalent to knowledge of the cause of action for limitation purposes.”

Legal assistance is needed to answer these questions

Tolling

In addition to the discovery rule, sometimes the statute of limitations is “tolled,” which means that something has stopped the statute from running for a certain length of time. This “something” may be minority (that is, the victim of the injury was underage when the injury occurred) or mental incompetency (that is, the victim was not competent mentally when the injury occurred).

In Texas, except for medical malpractice, when a minor is injured, the statute of limitations is tolled at the time of injury and does not begin to run until the minor turns 18 years of age. For medical malpractice cases, when a minor under the age of 12 is injured, the statute is tolled, but a lawsuit must be filed by the time the minor turns 14 years of age.

Personal injuries (whether by car accidents, workplace accidents, medical malpractice, and the like) are a frequent, albeit unfortunate, occurrence. In addition to the pain and suffering they cause, the legal consequences may be significant. To make sure that you receive the compensation you’re entitled to, in the time period allowed by the law, it is important to seek the counsel of an experienced lawyer immediately, so that he or she will begin a thorough examination of all aspects of the situation (medical and legal) to determine liability.
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legal 1/14/2020 33.) Wrongful Death – gtg

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

In a legal sense, wrongful death is said to have taken place when the negligent behavior of a liable party causes or contributes to the death of another person. But those are just the cold hard facts. Such an abstract legal definition of wrongful death can’t come close to describing the overwhelming feeling of loss that descends a family when they’ve learned that their loved one has been suddenly taken away from them – often with little if any warning. And if the accident that triggered this unfortunate death is the result of the careless behavior of another person or entity, the devastation to everyone in that family is often quite numbing and creates unbearable and sometimes permanent psychological scars in addition to deep financial distress.

Wrongful deaths 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 or the tragic use of a defective product everyone thought was safe; even a sudden birth injury to a newborn. But they all often occur suddenly, and in the blink of an eye. Such an abrupt, shocking and unforeseen loss can leave a bereaved family reeling, and in an emotional fog, as they grasp to deal with their swirling emotions in light of their loved one’s death. The emotional wreckage suffered by some families after a loved one’s wrongful death can make thinking about seeking legal action seem almost out-of-place in the midst of their grief.

And yet, pursuing legal action through a Texas wrongful death lawsuit can become the most important first-step step in a family’s healing process for a number of reasons. Our respected wrongful death attorneys offer some useful information during your time of loss to help clarify why a family should not dismiss out-of-hand a wrongful death lawsuit. We’ll address some of the issues that wrongful death plaintiffs can expect when they embark on such an action, and how an experienced attorney is able to assist you through your time of loss, sorrow and ultimately, recovery: even though you’re just now taking those first few painful steps.

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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Don’t allow Grief to Cloud Your Family’s Thinking: Once Things Become Clear, it Might be too Late

Some might think that considering their legal options so soon after a fatal accident is ghoulish and lacks respect for the deceased. But someone has to look out for your grieving family. And we can think of at least two excellent reasons why a bereaved family should begin quickly laying the groundwork for their pursuit of wrongful death legal action after losing a loved one from a needless fatal accident. Planning your quest for proper financial compensation must be begun quickly because you already have opponents who will deny you that right: even if you don’t know it yet. Also, winning justice for your deceased family member can go a long way to putting this tragedy behind you and the rest of your family so you can recover your lives. Many times our wrongful death clients have told us they were uncomfortable embarking on their legal battle so soon after the sudden passing of their beloved family member. But in the end, they all tell us they made the right choice; even if at the time their deliberations were painful and quite awkward.

The stated purpose of a wrongful death lawsuit is to enable a grieving family to secure compensation for their loss from those responsible for the fatal accident. And even though no amount of money will ever compensate for your loss, it can greatly relieve you and the rest of your family of the many financial burdens and dire economic need that such unexpected tragedies force 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 winning this rightful and just compensation is especially critical in cases where a primary wage-earner has died. The financial remedy a family secures can help ensure that they are financially stable in light of their loss and that the sudden lack of money will not add to their emotional ordeal.

The understandable goal of a wrongful death lawsuit is for the negligent liable defendant (or defendants) who are responsible for the fatal accident to be held fully accountable for their callous behavior. And most of the time, a Texas wrongful death civil lawsuit is the only legal means that an aggrieved party has to bring all negligent liable defendants to ultimate justice. The compensation that must be awarded to a plaintiff-family through a successful wrongful death case or insurance claim is often seen as an effective 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 supreme effort to ensure that they are 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, though sometimes fatal accidents do result in criminal charges. 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. Everyone who is even remotely responsible must be held fully accountable for the grief and pain they’ve caused you and your family.

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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How Valid Wrongful Death Insurance Claims and Civil Cases are Applied under Texas Law

Without a clear understanding of our state’s laws and civil procedures, 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, below is a list of basic conditions; all of which must have existed in order for a wrongful death lawsuit to be pursued:

Your loved one 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 at least a contributing role in the accident.
Your relative must have a surviving family member or beneficiary who has legal standing to pursue legal action.
Your beloved victim and/or your family must have incurred some form of tangible financial loss a result of the fatal accident, which in a civil case is known as legal damages.
If these basic conditions existed as a result of the accident that claimed the life of your loved one, you, and other members of your family are 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 current situation, contact one of our Texas wrongful death attorneys to discuss the merits of your wrongful death case.

Did You Know?
Our lead attorney has been fighting for wrongful death victims` rights for decades. Call us to discuss your case. 1(800) 862-1260

Furthermore, 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. 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.

For example, a distracted driver may strike a pedestrian, resulting in a 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 of the fatal pedestrian accident, then criminal charges likely would be brought against the driver. In either instance, the driver can still be held civilly liable for their actions through a wrongful death lawsuit in Texas, whether criminal charges were filed or not. 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 filed significantly strengthens any civil case you might choose to subsequently file.

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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Understanding the Types of 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 can be properly compensated for their loss, and the liable defendants held properly accountable for their negligence. There are two general types of damages.

Wrongful death damages are those directly incurred by family members who have lost a loved one due to a fatal accident. Recovery of wrongful death damages can be sought by multiple immediate family members such as a spouse, parents, or children, either through separate lawsuits or – more commonly – a single action. 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. But wrongful death damages can also include family members’ pain and suffering due to their loss, loss of financial support that had been provided by the decedent and loss of consortium (or unique familial love that is lost). And if the beloved family member was in business with some of his or her survivors, loss of professional consortium can also be sought

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. It should be noted, however, that the family member who seeks survival damages can also seek wrongful death damages. But only the closest living family member has the first right to seek survival damages: usually 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. However, a son or daughter who files for survival damages must be “of legal age” (18) because minor children do not normally have legal standing in Texas. After that come the parents of the deceased loved one, then maybe a sibling. But 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 presented to them 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 injury, 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 accident. 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 a long reputation for success and depth of knowledge to correctly calculate damages and substantiate their inclusion into a wrongful death lawsuit or insurance claim. If all of those damages suffered by a bereaved family are not properly calculated or included in their civil action, 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 guilt that would demand they pay, for the part he or she played in a fatal Texas accident.

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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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

Understanding Your Legal Rights after a Work-Related Injury at your Texas Job

What happens if you’ve been injured on the job? If all goes well and it’s not serious, you should recover quickly and are able to return to work. But if the injury is serious or debilitating, who pays for your injuries, lost time or lost income that is owed because you’re permanently disabled, or your loved one was killed in on the job?

How your claim or civil injury case is properly managed depends upon the actual details of your case and the events leading up to the accident. You must know whether or not the company you work for has workers’ comp as it traditionally pays reimbursement to you for medical expenses, lost wages, pain, and suffering and some disability. You must know what to do if your employer does not have workers’ comp. Your ability to win compensation depends on the answers to each of these important questions in determining how to go about receiving recompense for your on-the-job injuries.

Resolving worker injury cases is very complex due because of the issues listed above and the complexity and occasional ambiguity of some of our laws that allow employers and their insurance providers to unfairly refuse the rightful claims of thousands of injured Texas employees every year. It’s almost certain that inexperienced lawyers traditionally fail to win a maximum work-injury settlement in such insurance claims or civil cases. And it’s all but certain that those with no legal experience who decide to represent themselves in such weighty legal matters are virtually guaranteed to fail in their legal quest.

The professional Texas work injury attorneys with our Law Firm have invested decades of their lives in fairly resolving injury claims and civil cases for employees who are injured on-the-job. We use our expertise and skill to help you clearly understand the laws involved with such intricate cases and use all of the legal avenues open to you following your work accident injuries. And we are just as adept at representing surviving family members when their beloved family member has been killed in the workplace. This is why we believe that honesty is the best policy as we share all of the challenges you will face; so you can make the best-informed decisions in the interests of your family, which is something your employer or his or her insurance company no longer cares about as soon as the injury occurred.

Employers are primarily concerned with protecting their own assets. Some employers will attempt to hide whether or not they have workers’ comp insurance. Often, they will evade liability and mislead you in order to avoid clear liability for an injured employee. Some might argue that you aren’t an employee to begin with and they don’t owe anything. And with the help of their insurance companies and attorneys, these defendants will accuse you of being the actual cause of your own injury (or the same for your deceased family member). An experienced employee injury attorney knows how to counter the tricks of your employer, his lawyers, and pushy, underhanded insurance adjusters.

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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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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Be Prepared for Aggressive Defendant Opposition to Your Workplace Injury Case

In all non-subscriber and third party workplace injury claims, defendants can have large insurance companies and lots of attorneys to oppose you. Or your employer could be “self-insured” or uninsured. Regardless of this status, expect all of them to fight very hard to avoid civil liability.

Non-subscribers are represented by insurance companies who have attorneys either on-staff or on permanent retainer. And they are very skilled at defending insurance companies from people who try to sue them. Insurance companies are confrontational and intimidating from the start. But they don’t scare the experienced work accident attorneys with our Law Firm. We know every trick they pull, and how to neutralize it.

But self-insured employers or those who have no insurance whatsoever, who are liable for workplace injuries, are a different kettle of fish altogether (and they DO smell fishy a lot of the time). They resort to anything that will work for them once an injured worker takes legal action to recover damages from them. Some of their tricks are shameful. And a few of them are downright illegal.

Injured workers must negotiate a settlement with an officer of the self-insured company or maybe even directly from their employer if it is a small company. In either event, the salary of whomever you deal with is likely directly tied to company profits. Any damage amount paid to you for a workplace injury comes directly out of company coffers. So by compensating you, your employer literally takes money out his own pocket. We often see sneaky, self-insured company officers use any and all means at their disposal to deny your claim and protect their company’s (and personal) assets.

Self-insured companies are capable of destroying evidence, bribing or intimidating witnesses: even you if it will work. They sometimes resort to physical threats. This is why every time we represent a client against a self-insured company, the first thing we do is to file motions in court that prevents anyone with the company from behaving inappropriately against our clients. Sometimes these motions include a clear demand that they make no attempt to communicate with our clients in any way without one of our attorneys present.

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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