MG Truck Accidents 11/9/19 – gtg

There are two benefits of seeking a lawsuit when dealing with harm stemming from an 8-wheeler accident:

First, it lets the injured party recover from the financial and emotional tragedy caused by the accident, while punishing those whose choices led to the accident happening in the first place. There’s no amount of money that can take away the damages created by your accident or wipe that memory from your mind. However, you still have extremely sizable financial burdens to deal with. The best way to get your family back to some type of normalcy after this type of accident is by getting compensation from the individual or group who was liable for your accident. More than likely you’ve missed tons of time working due to your injuries, so handling your medical bills for your injuries and medical bills for your vehicle can be impossible unless you file a lawsuit against the party or parties who were responsible for your injuries.

The other goal for an 8-wheeler accident lawsuit is to attempt and decrease more negligent behavior by punishing those responsible for the accident. People who have lost substantial money in an 18-wheeler accident lawsuit will tend to not make the same choices again. The best way to get someone’s attention is to attack their bank account.

Common Negligent Causes of 18-Wheeler Accidents

If you’re trying to figure out who to sue, the first goal is to learn how your accident happened and then discover who was at fault. Tons of people take part in transporting goods on an 18-wheeler, so in many 18-wheeler accident cases, more than one party may have been negligent and factored into an 18-wheeler accident. An experienced 18-wheeler accident lawyer can rely on past cases from over the years litigating 18-wheeler accident claims to accurately figure out how your accident happened and who was responsible. Any number of negligent parties could have contributed to an 18-wheeler accident: the trucker, the trucking company, manufacturers of the truck or trailer, the business that loaded the truck, or other third parties. For example:

Truckers – Tons of hours are spent on highways and interstates by truck drivers, and in the majority of 18-wheeler accident cases, they are responsible either partially or entirely. Truckers will cause accidents when behave negligently. This is evident through: driving under the influence, speeding, ignoring stop signs, or excessive swerving. Many times 18-wheeler accidents are the result of the trucker being exhausted. Federal law requires that drivers take necessary rest breaks, but many of them disregard these guidelines so they’re able to meet company time constraints. Studies have revealed that truckers double their chances of being in an accident after eight straight hours of driving. Our survey showed that 20 percent of drivers confessed to falling asleep at the wheel more than once in the previous month. Whether by accident or deliberately, if a trucker’s negligence resulted in an accident that caused you to be injured, then you’ll have the chance to seek a lawsuit against that trucker.

Trucking Companies – Texas follows a legal concept called “respondeat superior.” This means that employers face the same liability for the actions or inaction of their employees. If it’s determined that the truck driver’s negligence resulted in your wreck, then the trucking company could also be punished. So if a trucker had a litany of previous DUI convictions, then causes an accident while drunk, then the trucking company becomes responsible for any injuries stemming from the tragedy.

It also needs to be mentioned that the trucking company doesn’t have to act negligently on its own to be ruled liable for the negligence of its truckers. So as long as the trucker is deemed negligent, a lawsuit can be sought for damages from the trucking company. Most of the time the trucking company is the defendant people want damages from because it has greater ability to access more resources than drivers.

Manufacturers – Look closely at how they’re made, and you’ll see trucks and trailers are constructed from thousands of parts; all fastened together to ensure the vehicle’s safety. If any of these parts don’t function like they’re intended to while the truck is operating, then that can result in an accident. If the error was a result of a design defect or manufacturing error and a wreck follows, then anyone harmed in the wreck has the chance to get compensation from the manufacturer.

The Company that Planned the Route – Not every road and neighborhood is intended for 18 wheelers and plenty of bridges have weight and height restrictions in place. To make sure everything’s safe, trucking companies will rely on other businesses to map out safe routes for big rigs to travel. If this company maps a course that is unsafe and dangerous for 18 wheelers, then a lawsuit can be pursued against that business.

The Company that Loaded the Cargo – A lot of times the company that owned the cargo is able to get it on board themselves, and other times another company handles that duty. If the company that put the cargo on did so in a poor or unsafe manner, this can result in a wreck and injuries that the company would be liable for. Cargo in an 18 wheeler is limited to 80,000 pounds, but lots of companies attempt to carry additional goods at a decreased cost and neglect this rule.

Weight limits are developed for a reason because an overloaded truck has a higher probability to topple and cause far more damage when it has a wreck. When the company that puts the cargo on doesn’t secure it properly, the cargo has a shot to loosen during transportation, creating a load shift that overturns the trailer and leads to wrecks with other vehicles in cargo. When flatbeds are incorporated, poorly loaded cargo can smash onto the road and create instant panic for lots of shocked drivers traveling behind the trucker.

Other Drivers – An 18-wheeler may have been in a accident but that doesn’t mean they’re the immediate cause for the accident. Sometimes other drivers disregard their duty to make sure others are kept safe on the road, and an 18-wheeler accident happens, creating damage and injuries to more drivers on the road. When that happens, victims can pursue damages from these third parties.

Any of these parties or a group of them could have entirely or partially played a role in the 18-wheeler accident that harmed you. You need the help of an experienced 18 wheeler accident lawyer who can find the cause and all of the credible defendants, so you can get the compensation you deserve from all the people who injured you with their negligent behavior.

Prompt Investigation is Critical

A speedy and professional investigation has to happen if you want to get the key evidence to determine all of the necessary parties and prove your case after you’ve been injured in an 18-wheeler accident case. Since there are lots of groups that could have acted in a negligent manner and played a factor in your injury, a strong investigation is needed to determine all of the key parties and their amount of negligence. You’re going to need proof to be able to persuade the jury to rule for you, and evidence begins to disappear immediately after a wreck. It’s essential to get your lawyer searching for evidence as quick as you can. For every moment you waste not getting an attorney you trust, you’re doing serious harm to your claim because the proof you need is disappearing – witnesses leave town or their memories become fuzzy, videos get trashed and the accident scene physically evolves.

The 18-wheeler accident lawyers at our firm have spent 20 years perfecting our ability at learning the art of investigating accident scenes. Once you hire us, we quickly travel to the accident scene (free of charge to clients) so we can find any evidence that helps our client’s case. We do what’s needed to reach the truth – securing all the main vehicles involved, getting photos, searching for video footage, looking through police records, measuring distance between skid marks, conducting forensic tests, doing witness testimony and gathering any evidence acquired to use later in trial.

You’re probably already far behind the investigative efforts that have been launched by the defense. Many times what happens is that right after a trucker reports an accident, the trucking or insurance company gets their investigators swiftly to the accident scene. The defensive investigators aren’t bothered learning how the accident really happened; they just want to get facts that show your injuries were a result of your own negligence. If you don’t have lawyers on the scene, you’ll have no idea if the defense has tampered with evidence, or done its investigation in an ethical fashion. If they discover evidence that shows you were negligent, then they can get your insurance claim overturned if they can prove you were totally responsible, or lessen the damages owed if they can properly show you were partially negligent.

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One recent case we were hired for shows the need for a prompt and thorough investigation. In this issue, our firm was retained by the driver of a regular passenger vehicle after he was injured in a late night accident with a big rig. The trucking company was claiming our client had no headlights in his SUV when the accident took place. Once we were brought on the case, our client’s totaled car had been taken from the accident scene and to a salvage yard nearby. When our attorneys noticed the SUV at the junkyard, they saw it was really missing its headlights. We were immediately worried about client getting any form of compensation, but our investigators spotted a surveillance camera in the salvage yard and grabbed some video footage. This particular surveillance system was set to record over its memory every 48 hours and we got our hands on the video right before it was erased. The footage revealed an official from the trucking company illegally taking out our client’s headlights and leaving the junkyard with them. In trial, the trucking company’s attempted to argue our client’s car had no headlights, but our physical evidence revealed their deception and got compensation for our client. If our client had made the error of hesitating any longer in hiring us, the video would have been useless, any chance of getting restitution would have ended and the trucking company would have managed to commit felonious evidence tampering.

Our attorneys deal with lies and deception regularly in 18-wheeler accident cases, so you need to hire a lawyer and have quick, detailed oriented investigation begin as quick as you can. Sometimes our investigators are still able to spot the required proof long after an accident took place, but the quicker we can begin an investigation, the stronger chance we have of locating the proof needed to obtain the compensation you’re owed. Don’t wait any longer before reaching a 18-wheeler accident lawyer.

Common Obstacles that Plaintiffs Must Overcome

You may have filed an insurance claim after a regular car wreck, but that doesn’t instantly give you credibility to work your 18-wheeler accident lawsuit by yourself. Trucking insurance policies are estimated to be 50 times worth the value of a regular insurance policy. Because of the size of commercial trucking insurance policies, litigation to handle these cases is usually more detailed than what you experience with your car. Plaintiffs who believe they’ll save money on lawyer’s fees through self representation soon realize they’ve cost themselves way more with compensation that’s been decreased or totally denied. People who have no legal background and lawyers fresh out of school are often befuddled when trying to file lawsuits after 18-wheeler accidents because of numerous challenges: showing the burden of proof, the enormity of insurance policies, self-insured companies and lying truckers.

Burden of Proof

The law doesn’t demand that the defendant or defendants pay you a cent after you’ve been injured in an 18-wheeler accident unless, as the plaintiff, can properly show they need to. If you want to get the restitution you want for your injuries, you’ll have to support your case with strong, factual evidence. While other means of negotiation can be leaned on to settle claims, you still need to find evidence so the defense and insurance workers will need to approach this in good faith. You also must meet these four requirements for an 18-wheeler accident case:

Duty – The first part in this process is showing the defendant owed you a duty to keep him or her safe by behaving reasonably. The law has established guidelines for the legal duty of care owed for certain circumstances and for each party depending on their relationships. In 18-wheeler accident cases, meeting this factor tends to be easy, since all drivers have to operate their vehicles in a way that would ensure the safety of other drivers, pedestrians and passengers on the roads.

Breach – If you want to see your case succeed, the next step is showing the defendant or defendants violated the obligation of care you were owed. This usually happens when the defendant put others at harm either with choices that regular people wouldn’t make or inaction when most of us would be asked to take charge. You’ll have to get evidence that proves the defendant ignored his or her legal duty of care through action or inaction if you want to show this violation. Besides of all that, you’ll need an 18-wheeler accident lawyer who is capable of using that evidence in a persuasive manner with a jury and getting them to see the defendant or defendants acted inappropriately.

Causation – Along with being able to show the defendant or defendant’s violation of their legal duty to you, you also need to prove your injuries were a result of this breach. Since numerous parties could have caused or played a part in the cause of an 18-wheeler accident, it takes very detailed, factual, credible evidence to let a jury see a causal relationship existed between the defendant breaking his or her obligation to you and the harm that resulted. If this isn’t done, the defendant can take down your case by shifting blame to someone else for your injuries. Many times, the defendant or defendant’s best chances of winning is to dodge blame and put it right at the victim for causing their own injuries with their negligence.

Damages – Once you’ve demonstrated all three other components of a strong 18-wheeler accident lawsuit, you then have to prove the damages owed to you were due to the injuries you had. In the legal world, damages have zero to do with your injuries or property damage, but instead are about the compensation owed to the defendant for the harm that’s been caused. The plaintiff has the chance to seek damages for medical expenses, lost wages, pain and suffering, lost earning income, damaged property and other forms of losses incurred in the accident.

The worst part is that you can’t just demand compensation from the court and think you’ll get it quickly. You must provide factual evidence that points out not just your losses but also how you came up with that value for those damages. What happens then is that defendants will likely fight about the total compensation owed by the plaintiff and then submit their own amount owed, which will likely decrease the overall amount of harm the plaintiff has endured. If you’re wanting to show how the defendant took the sneaky cheap way out, you must present unflappable evidence that prove your numbers are spot on.

What is the true cost of my case? Damages like pain and suffering and loss of earning capacity are very subjective and always up for debate, and they’re also nearly impossible to total for regular citizens. It’s complicated putting a value on pain and suffering or estimate lost earning capacity by figuring the overall value of potential raises and inflation. In trial, you’ve got one shot to compile the amount of equitable compensation you should get. For the past 20 years, our 18-wheeler accident lawyers have been totaling damages and we have gained enough familiarity with cases such as yours to learn how to take all your losses and get an estimation of compensation that will assist your family in getting the restitution they desire.

If you can’t show any of these four elements, you’ll probably fail at getting compensation for the harm incurred to you. You need the help of an 18-wheeler accident lawyer – especially if you wind up in trial. Countless years litigating 18-wheeler accident cases has helped our lawyers build a strong legal strategy to meet the burdens of proof and get the jury to rule in your favor.

Enormous Insurance Policies
Federal regulations require trucking companies to purchase huge insurance policies to guard against wrecks, injuries and potential fatalities that may occur because of being involved with 18-wheelers. Because of this, many assume that they’ll be compensated faster and without complications. Most of the time, that’s just not true. Because insurance policies for 18-wheelers can be valued at 50 times more than your coverage for a regular car, the insurance companies usually devote 50 times the effort and manpower to defend those policies.

When you factor in all that’s at stake, insurance companies rely on their shrewdest and most trained insurance adjusters to handle settlement negotiations. While you’re probably inexperienced at working truck accident claims, these adjusters are the best and handle these issues on a regular basis. They are equipped and able to take the accident victim’s initial state of shock and their easy trust in local insurance agents, then twisting it and denying their claims. They provide a fake friendship and try to make the victim believe they want to assist them and help him or her receive their compensation – but the victim has to first answer some quick, simple questions. They don’t care about helping at all; they just want to improve company profits and reject your claim. Following that, they bombard you with tons of questions that are basically twisting the same questions around in an attempt to get you to mess up and say you were responsible for your accident. If they can get you to accidentally cop to your own accident, they can get your claim tossed. The best move here is to have as little contact as possible with the insurance adjuster, which is why you should hire an 18-wheeler accident lawyer and let your council deal with the relentless questions from the insurance adjusters. In fact, we tell clients not to talk with any members of insurance companies without a lawyer serving as a buffer. If you retain our firm, our lawyers will handle all of the conversations with the insurance company and protect you from any chance at admitting your own liability.

Many times aggressive insurance adjusters will even try to get accident victims to forfeit their rights to pursue a lawsuit and give them a smaller settlement instead. It’s a good thing to avoid the drama and unknowns that come with a jury trial, but you don’t want to choose an offer than doesn’t properly compensate you for the pain you’re dealing with. Only a lawyer with an extensive track record of success can get the insurance company to provide a fair settlement, since they’re worried about losing far more money at trial.

The insurance company will also attempt to avoid liability for your injuries by using a talented defense team that can spot the legal loopholes and procedural challenges that could lead to a plaintiff hurting their chances at compensation. You need an experienced 18-wheeler accident lawyer who can stand in with the best defense specialists out there. Our attorneys have won countless millions from every well-known insurance company in the country, and we’ve learned how to predict every move they will make.

Self-Insured Companies can Be More Treacherous

Instead of purchasing normal insurance policies, some trucking companies will set aside a portion of their assets in an account devoted to insurance for when an accident happens. The federal government regulates the insurance company and demands that all businesses be registered, adjusters have licenses and certain practices are followed, but self-insured companies don’t have to adhere to these practices. That’s why these self-insured businesses have developed a reputation for being unethical and impossible to deal with when it comes to negotiations. Many times, if you want to reach a settlement with a self-insured company, you’ll have to work with an official from that company. Since this worker probably gets some of their income from profit sharing, they have every reason to reject your claim. This worker would be handing over their own paycheck if they let you get the restitution you deserve. With their own wages in limbo, self-insured companies will put their own best-interests ahead of the plaintiff’s and will not hesitate to do things like bully witnesses, change or tamper with evidence and threaten victims.

If a self-insured company has attempted to bully you or harass you, then you need this to cease and that can be accomplished with the assistance of an 18 wheeler accident lawyer. The moment we’re retained, our 18-wheeler attorneys can pressure self-insured companies to negotiate properly with threats of legal option a possibility.

Truckers Can’t Be Trusted

Most of us believe people are honest and trustworthy, but the trucker who injured you with their negligent behavior has too much motivation to lie. If the trucker is deemed to have harmed others with negligence, then that person will probably be receiving a pink slip in no time, if they haven’t already been fired. Truckers who have been found negligent will have a tough time finding another job quickly with that kind of black mark imprinted on their record. When you consider the job market and the economy, plenty of good, upstanding truckers will have to lie to save their jobs and be able to take care of their families. To get the compensation you need, you’ll have to show the trucker is lying.

Our 18-wheeler accident lawyers have learned about investigating and discovering the required evidence that exposes the trucker’s deception. We will ruin the trucker’s credibility with all the necessary evidence that will expose their lies.

Just like insurance adjusters who try to get victims to admit their negligence with all their questions, our attorneys will form some questions for the deposition, all of them meant to trick the truck driver into confessing his or her own lie. The 18-wheeler accident lawyers at our firm have deposed countless witnesses over 20 years and we known how to ask questions just right to catch a trucker in a lie.

How we Can Help

If you have been hurt our lost a loved one in an 18-wheeler accident, you need to hire an 18-wheeler accident attorney to guard your legal rights and make sure you get the proper compensation you deserve. From start to finish, our attorneys handle every part of your case and make sure you’re updated on any changes as they arise.

Chances are the defendant has already finished its investigation and case against you. By hesitating anymore in getting an attorney, you’re creating immense damage in getting the restitution you deserve. Call us today to get a free consultation and learn how we can help you like we have countless others in Texas.

One of Our Most Recent Successful Cases – $19,000.00 Recovery – Commercial Vehicle Accident (Pulled Muscle) Recovery for client who sustained a pulled muscle in an 18-wheeler accident.

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The driver is only the first possibly liable party in the event of a flatbed trailer accident. Though, in many accident cases such as this, we have found that even if the driver’s unintentional carelessness had some major part in the accident, there could be other liable parties as well, often including the trucking company itself. This is a benefit for you in terms of compensation for the damages, because a truck driver isn’t necessarily a rich person and will most likely not be able to afford the damages for which he or she must compensate you. With the trucking company, however, you will find that they have far more assets and will actually have the funds to compensate you for your injuries. In the state of Texas, the law holds all employers responsible in some part for the injuries their employee does while on the job. This legal doctrine is called respondeat superior, and under it, all employers are liable for the actions their employees take while working. Though it may sound unfair to business owners out there that they can be held responsible for the poor judgment and bad actions of their employees, think about it in this way: would you hire a convicted felon to work in a bank? In the same way, the trucking companies know that they are paying their employees for high-risk work if they drive flatbed trailers, and therefore must be mindful of whom they are hiring, their background, their training, et cetera. Driving a big rig takes a lot of training, experience, and competence, and the trucking company is responsible to hire drivers who won’t cause accidents and injuries while on the job.

The list of potentially liable parties does not stop with the trucking company, however. Every trucking company that uses flatbed trailers has a whole set of companies and contractors who take care of other, ancillary aspects of the job, including manufacturers who make the cargo straps, the flatbed parts or even the engine parts and the anti-lock brakes, the route-planning companies that create detailed routes for the driver, and the company that handles the loading and securing of the cargo on the flatbed. All of these companies and all the employees involved might bear some of the liability for the accident. For example, the route planning company might not update their digital files (often the equivalent GPS databases) and the truck might pass under an overpass without enough clearance room, knocking the cargo off the bed of the truck and injuring or killing other motorists and pedestrians. In that case, the route-planning company would bear serious liability for the accident. You can easily imagine other scenarios where a third party bears liability: a cargo strap breaks, the anti-lock breaks fail, the trailer hitch is not properly secured, or the cargo is improperly loaded and comes loose. These situations will be indications that another party has been negligent and bears the liability for the case. In such situations as this, your flatbed accident attorney should be on hand to help you determine who bears liability and who can be named in the lawsuit. Remember, no one is legally required to automatically pay you compensation for injuries and hospital bills and lost wages. You have to take the initiative and retain the services of an experienced and competent flatbed trailer accident attorney who will help you get the just and fair compensation you deserve.

Some Obstacles for Accident Victims

Bringing a lawsuit against a flatbed trailer driver, trucking company, third party or insurance company without the assistance of an experienced flatbed truck wreck lawyer can be impossible. The legal system is already complicated, but in a case like this there are numerous obstacles that will absolutely prevent you from receiving the compensation you deserve. An experienced and competent attorney will be able to help you overcome these obstacles which might undermine and destroy your case. Some of the obstacles you should be aware of when you begin the process of filing a claim after you suffer injuries in a flatbed trailer accident might include: the cargo source (and the third-party liability that comes with it), dishonest drivers, large and protected insurance companies, self-insurance, and the burden of proof.

One reason that our firm provides this article is so that you will have an idea of what you should expect from a case resulting from a flatbed trailer accident. If you have been injured in San Antonio flatbed trailer accident, then read on to see what some of the obstacles to getting fair compensation are.

The Cargo Source (and the Third-Party Liability that Comes with It)

It might be the case that you don’t even see a flatbed trailer, and that the accident occurs when you collide with or swerve to avoid some piece of cargo lying on the road long after the flatbed trailer carrying the cargo has gone on. In a situation such as this, determining liability can be very difficult for a layman without legal knowledge and experience. To bring a suit to court, you must first determine the identity of the liable parties and therefore must seek out the truck that dropped the cargo in the first place. Cases like this are fairly common. During the loading process, even a small bit of negligence can make a difference when the cargo is many tons. This can happen and some part of the cargo might fall off the truck without the driver even being aware of it. In such situations, a San Antonio flatbed trailer attorney has access to the investigative teams that can help you determine whose cargo it was that caused the accident in which you were injured.

Dishonest Drivers

Another obstacle, and one that is fairly common as well, is a dishonest driver who will lie to cover up their liability. Remember that the truck driver’s reputation and experience and competent behavior are key to being successful and continuing to find work. There are a lot of drivers out their available to work and a black mark on the record of a driver will often be a determining factor in whether or not they get hired for any jobs. Because of this, the drivers will often try and cover up their mistakes and negligence by lying to protect their interests. It is an all-too-understandable reaction and unfortunate in that their lie might prevent you from receiving the compensation for an injury caused by their negligence. In cases where the driver is negligent and causes injury to another motorist or to a pedestrian, it is a zero-sum game. Someone wins and someone loses. If you have been injured and the driver is lying to cover up their liability, you have a great deal to lose. This is why it is so important to determine liability and to retain an experienced attorney who will be able to see through the lies of the driver.

An experienced San Antonio flatbed trailer accident attorney will have many methods of getting to the bottom of the case and detecting the truth through the lies of the driver. The first thing will be to gather as much evidence as possible to show that the driver is being dishonest. An example of this is when in one of our many successful cases we used surveillance footage to prove that a truck driver was being dishonest when he claimed that the victim of the accident was driving without headlights at night. Our footage showed that this was not the case. Another way that an experienced lawyer will be able to get to the truth is through a deposition. A deposition allows the lawyer to question the witnesses for the defense before the trail even begins. An experienced and competent lawyer will be able to ask questions that will get witnesses to admit the truth or get caught in a lie. Here at our firm, our legal team have taken thousands of depositions and know what it takes to ensure that your rights are protected before and during the trial. Our goal is to ensure that your side of the story is effectively conveyed before judge and jury and that the truth be revealed about the negligent parties.

Large and Protected Insurance Companies

Perhaps the number one obstacle during a flatbed trailer accident claim is the insurance company. Although television commercials give the impression that insurance companies are fair and selfless, it must be remembered that they are for-profit businesses whose entire business model is to gamble against the chance that their policyholders need to make a payout. In the world of insurance, the big guns are the industrial insurance companies whose policies cover millions of dollars of damages should they occur. As you can well imagine, an insurance company that covers potential damages resulting from an accident involving thousands of pounds of heavy machinery hurtling along at many miles per hour is involved in a serious business. While simple automobile insurance companies might make a fifty-thousand or a hundred thousand dollar payout, industrial flatbed trailer insurance companies stand to lose millions. Because of this, the company will go to enormous lengths to prevent that loss by means of denying your claims, pressing you to accept an insultingly low settlement, and more methods that are unethical at best.

With the value of the flatbed trailer accident policies being so high, the insurance companies will have a team of dedicated professionals whose main job is to fight your claim in and out of court. They will have experienced lawyers who have specialized in the field and will know the ins and outs of the technical world of flatbed trailer insurance, they will have a team of adjusters whose goal will be to see the minimum possible payout, and they will have a team of investigators who will try and build a case in defense of what has happened. These investigators are motivated to act in way that the average person would deem unethical and have been known to take actions, which cause even further hardship to the victims of the accidents. You can guarantee that the insurance companies will have their teams in the field within 24 hours of an accident, sifting through evidence, pressuring you to settle, and building a case against you. It’s what they are paid to do and because of the stakes, they are paid well. They have all been hired because they are the best at their job, their job being to deny and prevent damage claims made by other accident victims such as yourself.

Even dealing with the insurance company agents will take its toll on you, adding to the burdens you will already bear through your injuries or those of a loved one. They will have company employees making frequent and aggressive calls to your home, and will attempt during those conversations to get you to let slip that you are not that badly injured and that it might have been your fault. Rest assured that your conversations will be recorded and that they will be intentionally trying to get you to let something slip that might sink your claim. We have known insurance company employees to call many times a day, make personal visits, goad victims and their families into signing harmless looking papers that turn out to destroy a claim, and even visit the hospital where the victim is receiving care. We have had cases where the insurance company adjusters have visited the funeral of an accident victim in an attempt to get the family members to sign away their right to sue the company. The team at our firm has dealt with nearly every major insurance company in the nation and have twenty years of experience with all of their tactics. The companies recognize our name and understand that when we have been retained that they can’t use unethical tactics like the ones described above. Often our reputation alone can help a company see their way to making a fair settlement.

Self-Insurance

Another major obstacle comes when a trucking company chooses to self-insure rather than purchasing a policy from a major insurance company. Though it might sound like this would mean they have less experience and are more likely to lose the case, dealing with self-insured trucking companies is a lot worse than dealing with a major insurance company. The law requires all trucking companies to insure their trucks, and a portion of them choose to set aside assets for a potential suit rather than paying a yearly premium to a big company. This is completely legal and often will be the smart choice for businesses that don’t suffer any accidents, but with the business of flatbed trailer cargo trucking, the chance of an accident can unfortunately be very high. In the even of an accident, you will be forced to deal with the trucking company lawyers rather than the insurance company team.

The person you will be dealing with at the trucking company when you make your claim will probably be an officer of the company rather than the insurance adjuster you would otherwise have dealt with. This employee will have a serious interest in denying your claim because oftentimes their salary or their bonuses or even their job can depend on how successfully they block your claim. In addition, the tactics of a major insurance company, regardless of how unethical they may look, are still within the law since the company and all its employees are licensed professionals who must face the consequences of their actions should they be discovered. If a traditional insurance adjuster were to use the tactics of the self-insured trucking company officer, they would lose their license permanently. Where the traditional insurance company agents can be aggressive and rude, the self-licensed trucking company agent can be harassing and even threatening. It is unfortunately a common occurrence to have trucking company officials threaten the victims or the witnesses and even to tamper with evidence. Here at our firm, after twenty years of dealing with self-insured trucking companies we know what is involved and we know how to prevent such behavior. Our number one goal is to protect our clients and their interests from behavior such as this and see that they get their fair and just compensation for the injury and damages they have received as a result of a flatbed trailer accident.

The Burden of Proof

Despite all of the previous obstacles, there is in addition a serious legal obstacle for every claimant to overcome in a personal injury or wrongful death claim. That is the Burden of Proof. An underrepresented or non-represented plaintiff is required by law to prove that the defendant is guilty. This may seem unfair, but it is a basic tenant of law in the United States and without it many individuals could be unfairly forced to compensate for someone else’s negligence. The law presupposes that the defendant in any given injury claim is not required to compensate the plaintiff unless the plaintiff shows the evidence that he or she is required to collect by the burden of proof, proving that the defendant is indeed guilty. If the plaintiff does not collect enough evidence or if the evidence they have is not convincing to the jury, then they will receive no compensation. The burden of proof in any case involving injury or wrongful death has four parts that must be proved in order to recover any money for damages and injury.

Duty:

At the beginning of the article we discussed how everyone on the road owes a duty of care to everyone else. We likened it to a version of the Golden Rule. One way of looking at it is determining how a reasonable, rational person would behave in any given situation. Since everyone owes a duty to those around him or her not to do them harm, behaving unreasonably or irrationally in a given situation is considered negligence and determines liability in the case of a flatbed trailer accident. In this situation, the driver might owe the duty, or the trucking company, or the company overseeing the loading, or the route-planners, or even the manufacturers.

Breach:

Once you have proven that the defendant owed a duty to you, you must then show that he or she breached the duty of care through negligence by acting in such a way that a reasonable, rational person would not act. This might be as easy as showing that the defendant broke a minor traffic rule, like running a stop sign, or as complicated as showing that a third party company was responsible for loading poorly, therefore breaching their duty through a different kind of negligence.

Causation:

Causation must be proven by showing that the defendant’s actions or the lack thereof were the cause of the harm you suffered. If the load fell out of a truck and another driver swerved to miss it without looking around them and ran into you, then causation might be more complicated, since it appears that several causes were to blame. In this situation, the driver of the truck and the trucking company might not have caused the accident or the resulting injuries at all, rather, a third party and a fourth party caused them. You must prove in court that the defendant in front of you caused the breach in duty.

Damages:

The final element that you must prove if you want a successful completion of your case and the resulting compensation you deserve is the element of damages. By damages we mean the full monetary value of everything you have suffered, from the hospital bills to the property damage to the emotional toll. You will have the hospital bills at hand, hopefully, to show that damage, and the car garage should show your property damage, but it remains to be seen that you suffered emotional damage or other intangible damages like loss of future earnings or loss of earning potential. These less clear damages are difficult to calculate and even more difficult to prove to a jury. For hospital bills and the necessity of treatment, you can always bring in a doctor and physically show the bills to the jury, but for loss of future wages, you are actually dealing with a very important and vital piece of information that can change your whole life. If you can’t return to your normal working potential you will lose more money over the course of your life than you can easily calculate. Have you ever thought about calculating emotional damages? Our San Antonio flatbed trailer accident attorneys have the years of experience to know how to help you calculate the damages so that you can get the full and just compensation you deserve for your injuries resulting from a flatbed trailer accident.

If you are considering a trial, then it is absolutely vital that you retain the services of a competent and experienced lawyer who knows how to help you get the most compensation you can by helping you prove each separate element in the burden of proof.

Flatbed Truck Wreck Law Firms and How They Can Help
Have you or a loved one been injured or has someone close to you been killed in a San Antonio flatbed trailer accident? If so, then you should know that here at our firm we will fight for your right to just and fair compensation. We will handle your case from the beginning right through to the end, keeping you completely informed and updated on the process and the each step of the way.

If you or a loved one has been injured in a flatbed trailer accident in San Antonio, Amarillo, Dallas, Austin, Lubbock or anywhere in the state of Texas, then don’t hesitate to contact our law firm for a free consultation and we will begin to build your case today. Whether you suffered as a result of poorly loaded cargo, bad driving, misguided route-planning, anti-lock break failure, or any other aspect of a flatbed trailer accident, don’t hesitate to contact us today. We will fight for your right to receive the full and just compensation you deserve.

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San Antonio Injury & Wrongful Death Lawyers, Truck Accident Lawyers : Commercial Vehicle Accident Attorneys in Texas

Call Our Truck Accident Attorneys if You’ve Been Injured in an Accident With a Commercial Vehicle

Go through the area and you’ll probably find plenty of law firms that would take on your truck accident case, but there are even fewer who can honestly say they have decades of experience handling 18-wheeler and other commercial vehicle accident cases.

There is an exception. The truck accident lawyers of our firm have been working truck accident litigation for over two decades now prevailed in countless cases.

You’re probably unaware that commercial vehicles are found in many shapes and sizes. We’ve succeeded in personal injury and/or wrongful death claims involving rock haulers, dump trucks, all kinds of construction vehicles, moving vans, buses, tankers and other kinds and shapes of commercial vehicles. Despite the different kinds of commercial vehicles out there, these types of cases have some things in common:

They typically are larger and create additional harm than regular vehicles.

Different laws oversee them than those involving regular cars.

Last but most key: they are owned by huge businesses that will form a stout defense aimed at denying plaintiffs from getting any credible compensation.

We prefer to fight fire with fire. If you want your truck accident cases to have the best ability to be successful, you need to retain a law firm that doesn’t just have experience, but the skills, smarts and track record at knocking off the opposition in trial or forcing them to take a fair settlement that they usually would spend loads of effort in avoiding paying.

If you elect to have our firm help you in your truck accident case, you’re obtaining 20 years of experience from qualified lawyers who have prevailed in hundreds of truck accident cases (and thousands of personal injury cases overall) throughout the year.

We’re providing you with this information to help you learn more about the case flow process that’s involved in a commercial vehicle accident case, and discover some of the key issues you’ll encounter in getting a successful recovery.

How Truck Accident Cases Work

Overcoming any accident is difficult, but there aren’t many accidents that cause the same amount of carnage caused by truck accidents. Commercial trucks weigh in excess of 80,000 pounds, so incredible damage happens when they’re a part of accidents. Since truckers receive hourly pay, they tend to work extended hours without breaks, which create more problems with concentration and alertness, plus additional accidents, injuries, damaged property and the occasional death.

Over our two decades in practice, the truck accident lawyers at our firm have been working personal injury litigation concerning trucks, and we realize that victims have a multitude of medical and legal questions they’re seeking answers for after they’ve been hurt or had a family member die in a truck accident. What’s key here is making sure you’ve looked at by a physician after your accident happens. You’re not just needing help for your injuries, but also to make sure they’re officially recorded. If you have no medical insurance at the moment or barely have insurance, we can help you discover a doctor who will help you with your financial issues and develop a payment plan that will go along with your budget.

After your injuries have been examined, you need to start thinking about your legal options in getting the compensation for the injuries you’ve incurred. The law doesn’t require that negligent parties have to instantly pay for your injuries. The victim, also referred to as the plaintiff, has the duty to show they deserve to be compensated. Only an experienced truck accident lawyer provides you with the best odds of obtaining the compensation you deserve. Before anything else, our attorneys want to see to it you know about your legal options so you can make the best choices for your family. First, we want to discuss the different parts of truck accident law:

Why you should file a suit.
People who are often liable for truck accidents.
Requirements for a quick and top-notch investigation.
Challenges that will destroy the claims of people who want to self represent.

How a truck accident lawyer can help you.

This article is meant to provide insight, and you shouldn’t use it as a replacement for the legal wisdom obtained from a skilled, veteran lawyer when it comes to your case. To discover how the law matters in your particular case, call us today to obtain answers for your particular questions.

Why You Should File a Truck Accident Injury Lawsuit

Our lawyers know about the incredible emotional and physical trauma caused by truck accidents. Because of our time devoted to this field, we’ve discovered that the majority of truck accident victims are nervous about seeking legal action because they don’t like the idea of putting a price on their injuries and this mess causes them to think back to that awful memory. Filing a claim may be a tough, stressful experience, but we’ll see later in this piece that swift action is necessary to your claim being successful so you have to take quick action after the accident unfolds.

Did You Know? Our firm has been fighting for 18 wheeler accident victims` rights for over 20 years. Call to discuss your case.

Using a lawsuit to deal with the harm caused by a truck accident achieves two objectives: the first is that it allows the injured victim to recover from the financial and emotional stress caused by the accident and also punish those responsible for these problems with their negligent choices. No sum of money can take away the pain created by your accident or overlook the harm caused to you mentally, but the fact is that you’ll still have serious financial issues to deal with. The only way your family will return to normal after horrific wrecks like these is to get compensation from who’s responsible. Odds are you’ve missed work due to your injuries, so dealing with medical bills for your injuries and repair costs for your car can be difficult unless you’re aware of who exactly was responsible for your injuries.

The other objective is that a truck accident lawsuit has the chance to decrease continued negligence by seeing to it those people who caused your accident face justice. People who have lots huge amounts of money in truck accident lawsuits usually won’t make the same decisions again. To make sure you get someone’s attention, you have to hit their bank account.

Common Negligent Causes of Truck Accidents

If you’re trying to figure out who you should sue, the first step is determining how the accident took place and who was accountable. Lots of people play a part in transporting goods by a big rig, so in many truck accident cases for example, more than one person or business may have acted in a negligent fashion that led to or played a part in a truck accident. An experienced truck accident lawyer can turn to their years of experience gained through all their litigation of truck accident claims to properly figure out how your accident happened and who all played a part in it. Any amount of negligent parties could have factored into your truck accident: the truck driver, the trucking company, manufacturers of the truck or trailer, the company that maps the truck’s route, the company that loaded the cargo onto the truck and other possible third parties. For instance:

Truckers – Truckers spend loads of hours, traveling throughout our highways and interstates and in most truck accident cases, they are usually responsible either completely or partially for the resulting injuries. Truckers can create accidents by acting in negligent ways such as: driving under the influence, speeding, disregarding stop signs, or dangerous swerving. Other times, truck accidents occur due to the driver simply being drained. Federal law requires that trucks take mandatory rest breaks, but the majority of truckers ignore that so that can meet certain specific company deadlines. Studies show that trucks increase their chances of being a part of an accident after eight consecutive hours of driving and 20 percent of truckers say they fell asleep more than once in the month before they participated in a survey. It could have been an accident, or intentionally, but either way – if a trucker’s negligence resulted in an accident that harmed you, then you can pursue a lawsuit against that individual.

Trucking Companies – Texas follows what’s known as respondeat superior, which means that employers can be ruled responsible for the actions of their workers. If the truck driver’s negligence was the cause of your accident, then the trucking company could also wind up being responsible. So if a truck driver, for example, had several prior DUI convictions and was liable for another accident while smashed, then the trucking company would definitely be responsible for any injuries stemming from the accident.

It’s important to realize the trucking company doesn’t have to behave negligent to be ruled responsible for the poor actions of its truck drivers. So, as long as the truck driver is deemed negligent, a lawsuit can be pursued for damages from the trucking company. The majority of the time the trucking company is the defendant victims want damages from due to their access to far more assets.

Manufacturers – Trucks and trailers are constructed by tons of tiny parts, all bolted and fit together to make sure the vehicle moves safely. If any of these parts doesn’t perform like they’re supposed to while the truck is operating, then an accident can occur. If this issue was because of a design defect or manufacturing error and an accident takes place, then anyone hurt in the accident has the option to be compensated by the manufacturer.

The Company that Planned the Route – Many times, the company that makes the cargo has no problem with the loading, but there are occasions when other businesses assume that responsibility. If the company that loaded the cargo did so in a poor manner, this can lead to an accident create injuries that the company would be responsible for. Cargo in 18-wheelers is limited to an 80,000 pound weight limit, but many businesses attempt to transport additional goods at a lower cost by disregarding this rule. Weight limits are established for a purpose because an overloaded truck has a far greater potential to topple when an accident happens.

When the company loading the cargo onto the trailer doesn’t fasten it down right, the cargo can become loose during travel, causing a load shift that overturns the trailer and leads to an accident with other vehicles. When you’re talking about flatbeds, cargo that’s loaded bad can crash onto the road and cause sudden panic for numerous unsuspecting drivers who are driving behind the truck.

Other Drivers – It’s dangerous to think that since another truck was part of an accident that that means the trucker or the actual truck was responsible. Sometimes other drivers ignore their duty to keep other drivers safe on the road, and a truck accident suddenly unfolds, causing further damage and injuries to more drivers. When this happens, the victims can pursue damage from this third party.

Any of these parties or combinations of numerous ones could have partially or totally been responsible for the truck accident that harmed you. You need the help of a qualified truck accident lawyer who can figure out the cause and off the key defendants, so you can receive the compensation you’re rightfully owed from all the key parties who hurt you with their negligence.

Prompt Investigation Is Key

If you want to get all the important evidence to identify all the key parties and prove your case properly after being hurt in a truck accident, then it’s important to do a quick and first-rate investigation. Numerous parties could have played a part in the wreck that injured you, so a diligent investigation will be done to figure out who’s at fault and their specific degree of negligence. It’s essential to locate proof to make the jury be swayed in your favor and rule for you, and evidence begins to disappear promptly after an accident. You need to have your truck accident lawyer searching for evidence immediately if you can. Every day you hesitate and don’t get a trustworthy lawyer the more permanent damage you’re inflicting on your case because the proof you want is disappearing – witnesses can relocate or their memories become fuzzy, videos will be copied over or deleted and the accident scene will evolve as well.

The truck accident lawyers at our firm have invested two decades in become experts at how to investigate accident scenes. Once we’re hired we go to the accident, free of charge to clients, so we can look for any evidence that strengthens our client’s case. We do what’s needed to discover the truth – securing and searching for all the mandatory vehicles, getting photos, searching for video evidence, scouring police records, taking measurements between skid marks and where the vehicles collided, conducting forensic tests, spotting and talking to witnesses and getting any other credible evidence that can be used later in court.

You need to understand you’re probably already well behind the case and investigation that’s been done by the defense. What happens is generally the trucking or insurance company quickly sends their investigators to the accident scene not long after the trucker phones it in. The defense investigators aren’t concerned with how the accident happened; they just want evidence that backs up that your injuries were a result of your own negligence. If you don’t have your truck accident attorneys at the scene undertaking their own investigation, you’ll not be able to see if there was any evidence tampering or if the defense’s investigation was done in an honest manner. If they can locate evidence that proves your negligence, then they can reject your insurance claim if they can show you were completely at fault, or have the damages lessened if they can show your negligence was a contributing factor.

One case we recently handled illustrates why you need to do a speedy and thorough investigation. In this matter, our firm was hired by the driver of an SUV after he was a part of a night time accident involving an 18-wheeler. The trucking company was trying to say our client had no headlights installed in his vehicle when the accident happened. Once we began working the case, our client’s totaled car had been removed from the accident scene and towed to a nearby salvage yard. When our attorneys located the car at the junkyard, they saw it definitely had no headlights. We were concerned about our client being able to get any compensation, but at that moment our investigators saw a surveillance system in the salvage yard and managed to secure some video footage. We were fortunate, because this exact system was designed to record over its memory every 48 hours and we managed to get our hands on it before it was erased. The video revealed a worker from the trucking company coming in late at night, then illegally taking the headlights out of the car and leaving the premises with them. Once the trial started and the trucking company’s defense council attempted to say our client’s car had no intact headlights, we had physical evidence that serve as proof of the deception taking place and managed to get compensation for our client. If our client had waited much longer to hire us, the video would have been missing, the chances of receiving restitution would have ended and the trucking company would have managed to get away with felonious evidence tampering.

Our attorneys regularly encounter such lies and deception when it comes to truck accident cases, so you need to hire a lawyer and let them begin a speedy and thorough investigation as fast as possible. Sometimes there’s still a chance for our investigators to find the necessary proof well after an accident occurred, but the faster we can start an investigation, the better odds we have of securing the proof needed to get the compensation you deserve. Don’t hesitate any longer in discussing your case with a truck accident lawyer.

Common Obstacles Plaintiffs Must Overcome

You may have filed an insurance claim after your everyday car wreck, but that doesn’t instantly qualify you to work a truck accident lawsuit by yourself. Trucking insurance policies are deemed 50 times more expensive than a normal auto insurance policy. Due to the enormity of these insurance policies, litigation to handle truck accidents is way more complex than what you’ll find in normal passenger car cases. Plaintiffs who attempt to save money on lawyer’s fees by handling their own case eventually cost themselves financially with lessened or totally denied compensation. People with no legal experience and lawyers fresh out of school wind up confused and puzzled when they attempt to file lawsuits following truck accidents because of many factors: showing the burden of proof, the huge size of insurance policies, companies that choose to self insure and truckers who lie.

Burden of Proof

Defendants don’t have to immediately pay you a dime after you’ve been injured in a truck accident, the law states, unless you as the plaintiff are able to prove they need to.If you want to get the fair restitution you deserve for your injuries, you’ll have to submit rock solid, credible evidence. Even when other types of negotiation are used to deal with a claim, evidence still needs to be submitted so the defense or insurance will work in good faith. You’ll have to show each of these four elements in a trucking accident case:

Duty – The first part of this long arduous process is having to show the defendant owed you a duty to maintain your safety by acting appropriately. The legal duty of care is set for certain issues and for each person – all based on the specifics of their relationships. In truck accident cases, showing this element is pretty easy, since every motorist has to operate their vehicle in a fashion that appropriately makes sure other drivers are kept safe, along with pedestrians and passengers on the road.

Breach – The next step if you’re hoping to prove your case is that you’ve got to show the defendant or defendants violated the duty of care you were owed. This happens when the defendant endangers others with actions that regular people wouldn’t have done, or inaction when regular people would be expected to take action. You’ll have to obtain evidence that proves the defendant ignored his or her legal duty of care through action or remaining inactive in hopes of proving this breach of duty happened. That’s why you’ll need a truck accident lawyer who knows how to use the evidence to properly persuade a jury that the defendant or defendants acted wrongly.

Causation – Along with being able to prove the defendant’s breach of a legal duty, you’ll also have to show your injuries were a result of this duty being broken. Keep in mind that several parties could have played a role or been completely responsible for a trucking accident, so it requires very solid, credible evidence to persuade a jury that a causal relationship existed between the defendant’s breach of their obligation to you and the resulting harm you sustained. If you can’t do this, then what will happen is the defendant will rip your case apart by moving the blame over to another individual for your injuries. Many times, the defendants tend to avoid blame by shifting attention to the victim for creating their own injuries with their negligence.

Damages – Once the first three parts have been established for a successful truck accident lawsuit, you finally have to show the damages the defendant owed for the injuries you’ve sustained. In the legal world, damages aren’t about your injuries and your property damages. Damages, in this case, refer to the compensation owed by the defendant due to the harm they’ve created. The plaintiff can pursue damages for medical expenses, lost wages, pain and suffering, lost earning capacity, damaged property and other losses that happened in the accident.

The challenging issue here is that you can’t just ask for compensation you feel you deserve from the court and assume you’re entitled to it. No, you’ve got to show evidence that doesn’t just include your losses, but also how you compiled the monetary value of those damages. Many times, defendants will contest the total amount of compensation the plaintiff is requesting and will come back with their own amount of damages owed that will shrink the monetary value of harm incurred by the plaintiff. If you hope to show the defendant attempted to short-change their damages, you have to provide inarguable proof that your numbers are spot on.

What is the true value of my case? Damages like pain and suffering or loss of earning capacity can wind up being subjective and open for debate, which means that damages can be very complicated for inexperienced people to deal with. It’s difficult compiling a price for issues like pain and suffering or determining lost earning capacity by including the potential value for raises and inflation. In court, you’ll only have one opportunity to total the amount of compensation you’re after. For the past 20 years, our truck accident lawyers have been totaling damages, and we have gained plenty of comfort by litigating cases similar to yours and we know how to include all your losses and come to an estimation of compensation that adequately provides restitution you’re after.

If you’re unable to show any of these four elements, you can guarantee yourself that you won’t receive the compensation you’re seeking for the injuries you’ve sustained. You need the help of truck accident lawyers – definitely if you head to trial. All the years of litigating truck accident cases has allowed our lawyers to discover how to build a strong legal strategy to meet the burdens of proof and convince a jury to rule for you.

Enormous Insurance Policies

Federal regulations demand that trucking companies secure enormous insurance policies to guard against accidents, injuries and fatalities that happen because of doing business with big rigs. For this reason, lots of people incorrectly think they’ll be able to receive quick compensation and not deal with more problems. Many times that just doesn’t occur. Since insurance policies for trucks are deemed 50 times more expensive than those pertaining to regular vehicles, the insurance companies will usually spend 50 times more resources and energy to safeguard those policies for their trucks.

With all that’s at stake, insurance companies resort to help from their most qualified and savviest insurance adjusters to handle these settlement negotiations. You’ve probably never had to work truck accident claims, but these adjusters are the elite in their world and deal with these claims on a consistent basis. There’s no one on their level when it comes to taking an accident victim, and manipulating them when they’re in a state of shock. Keep in mind, these victims are quick to trust their friendly local insurance agents. These insurance agents give off a fake friendship and try to get the victim to believe they just want to assist them with getting compensation. First off, though, they’ve got to answer some simple questions. The fact is they don’t want to assist them; they just want to improve company profits and turn down their claim. Next, they bombard you with nonstop questions that simply re-word the same statements, non-stop, in hopes of getting you to screw up and confess you were at fault for your own accident. If they can achieve this, then they can get your claim turned down. The less communication you have with the insurance adjuster, the better, so hire a veteran truck accident lawyer and allow your legal counsel to deal with those belligerent questions from insurance adjusters. We attempt to always advise clients that you shouldn’t interact with workers from an insurance company without any lawyer there serving as a buffer. If you hire our firm, our lawyers will assume control of all conversations involving the insurance company and safeguard you from any opportunity for you to admit any wrongdoing.

Sometimes aggressive adjusters will even try to get accident victims to void their right to sue, and as a result will provide them with a paltry settlement offer. It’s good to not want to be involved with the pain and unknowns that come with a jury trial, but you also don’t want to take an offer that doesn’t adequately assist you for the harm you’ve sustained. Only a lawyer with years of success can make the insurance policy provide an honest settlement, because they’re worried about losing more money in trial.

The insurance company will also attempt to dodge liability for your injuries by employing a talented defense team that will attempt to locate legal loopholes and procedural obstacles that will cause inexperienced plaintiffs to hurt their own chances of obtaining compensation. You need a qualified truck accident lawyer who can fight back against the attacks developed by the defense team. Our lawyers have been granted millions of dollars from every well-known insurance company around the nation, and we’ve discovered how to figure out what they may try and do.

Self-Insured Companies can Be More Treacherous

When they don’t buy regular insurance policies, some trucking companies choose to set aside a portion to devote to for insurance when accidents occur. The federal government is regulated by the insurance agency, which states that all businesses must be registered, adjusters get licenses and ethical standards be adhered to. Self-insured businesses, however, don’t encounter the same rules and guidelines. Because of that, self-insured companies have gained an unfavorable reputation for behaving improperly and causing problems for negotiations. When you deal with one of these companies and are attempting to negotiate a settlement, you’ll have to work with an official from the company. When you realize this work probably gets some of their income from a type of profit sharing, they have more than enough motivation to get your claim rejected. This worker would be basically providing you with some of their paycheck if they allowed you to get the fair restitution you deserve. With their paycheck on the line, self-insured companies will make sure their interests are more considered than the victims’ and won’t hesitate to use such actions as bullying witnesses, evidence tampering or even threatening victims.

If a self-insured company has attempted to bully you or harass you somehow, then you can make sure this stops with the assistance of a truck accident lawyer. The second we’re retained, our lawyers can get the self-insured companies to work in good faith the threat of legal action.

Truckers Can’t Be Trusted

We always want to believe that people are honest and forthright, but the truckers who harm you with their negligence have plenty of reason to choose to lie. If a trucker has been deemed to have harmed others while driving in a negligent fashion, then they will likely be pink-slipped in no time, if they haven’t been fired already. Moreover, a negligent trucker will discover that it’s virtually impossible to land another job with such an awful black mark like that on their record. When you consider the job market and state of the economy, many basic upstanding and honest truckers will resort to lying to protect their jobs and managed to take care of their families. To get the compensation you want, you’ll have to prove the trucker was engaged in lying.

Our truck accident lawyers have grown in investigating and finding the pertinent evidence in spotting the trucker’s unethical behavior. We will take apart the trucker’s credibility with all the key evidence that will destroy his or her lies.

In the same fashion that insurance adjusters will try to influence victims into confessing their own negligence with incessant questions, our truck accident attorneys will form a series of questions for the deposition with the purpose of making the trucker slip up and admit their own lie. The truck accident lawyers at our firm have deposed several thousand witnesses during the last 20 years, and we know how to develop the proper questions to show exactly what the trucker is trying to do.

How We Can Help

If you’ve been harmed or a family member has died in a truck accident, you need to hire a truck accident lawyer to guard your legal rights and give you assistance for the help you deserve. From the first steps in the process to when the final resolution is announced, our lawyers handle every facet involved in your case and we’ll make sure you’re kept abreast about the latest developments when they happen.

Chances are the defense has already concluded its investigation and concluded its case against you. By hesitating in obtaining a lawyer, you are creating tremendous damage to your ability in receiving the restitution you’re owed. Call us today for a free consultation and to discover how we can help you like countless other Texans.

One of Our Most Recent Successful Cases – $100,000.00 Recovery – Motorcycle Accident (Broken Femur)(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.

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Employment Lawsuits 10/23/19 – gtg

Employment Lawsuits
If you’re like most people, you need a steady job to make ends meet and put food on the table for you and your family. But what happens if someone unlawfully interferes with your ability to make a living?

Texas and federal laws may give you the right to file a lawsuit. The employment law attorneys of our firm represent plaintiffs in a wide variety of employment disputes and can help you recover compensation for workplace injustices.

Employment lawsuits often arise from discrimination in the workplace. Consider these examples:

A trucking company refuses to promote a promising executive because she’s Hispanic or decides to fire a senior supervisor because he’s too old.
A large department store pays women employees considerably less than men doing the same jobs.
A pharmaceutical sales company backs down from its decision to hire a female sales executive once the company learns that she’s pregnant.
An employer requires Hispanic employees to speak only English at all times on the job, even though they work in the warehouse and rarely deal with customers.
The Texas Labor Code and federal Title VII ban on-the-job discrimination that is based on national origin, race, color, religion and sex. Laws also prohibit discrimination because of a worker’s age or disability.

There are other types of conduct that can lead to employment lawsuits. For instance, a worker may have a right to sue if he complains about an unsafe and illegal workplace condition – only to be promptly fired or passed over for promotion. The employer’s retaliation can give rise to a wrongful discharge claim.

A female worker who is asked for sexual favors on the job or the male worker who must endure sexual taunts may have a claim for sexual harassment. Sexual harassment is a form of sex discrimination that violates Chapter 21 of the Texas Labor Code and Title VII of the Civil Rights Act of 1964. The employee may have a sexual harassment claim if the conduct interferes with her job or creates a hostile work environment.

The attorneys of our firm are familiar with the employment laws of Texas and can give you an honest assessment of your claim. If you think you have been the victim of on-the-job, discrimination, harassment or retaliation, please contact our office today.

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Wrongful Discharge

You probably know that your employer can fire you for being late or missing work. But did you know that your employer can essentially let you go “at will” without giving you a reason? That’s because Texas is known as an “at-will” employment state.

There are some instances where it is illegal for your employer to fire you. If your employer has retaliated against you for an unlawful reason, you may be able to file a wrongful discharge lawsuit.

Our attorneys have helped plaintiffs in a wide variety of employment disputes, including claims of wrongful discharge. We will use our resources and legal skills to make sure you are compensated if you’ve been wrongfully discharged.

Under Texas and federal law, if you belong to certain classes of employees, these rules apply:

Your employee cannot fire you for “blowing the whistle” on an illegal workplace activity.
Nor can you be discharged for refusing to commit an illegal act.
Your boss cannot fire you for a discriminatory reason – for instance, because of your age, your gender or a physical disability.
An employer cannot fire, demote, harass or retaliate against you for filing an employment discrimination claim or taking part in a discrimination proceeding.
Retaliation can take many forms besides firing. Your employer may deny you a well-deserved promotion or hand out unfairly negative evaluations – or even increase surveillance of you at your job.

Keep in mind that the majority of firings or demotions do not give rise to a wrongful discharge claim, and not all employees are covered by state or federal wrongful discharge laws. Deciding whether the law applies to your facts takes legal training. Texas wrongful discharge cases can be complex and involve hearings before state and federal agencies. You may also be entitled to a trial in state or federal court.

Our attorneys are familiar with the wrongful discharge laws and can give you an honest assessment of your claim. If you think you have been the victim of a wrongful discharge from your job, please contact our office today.

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Texas Employment Discrimination

No matter what form it takes, on-the-job discrimination in Texas is all too common – and it may violate state and federal laws. If you’ve been the victim of workplace discrimination, our attorneys will use their extensive legal training and experience to make sure you receive the compensation you are entitled to for this injustice.

Chapter 21 of the Texas Labor Code and federal Title VII extend protections to individuals against employment discrimination. Among the areas covered:

* Age discrimination. State and federal laws ban age discrimination against employees aged 40 or older. The federal law applies to employees and job applicants.

* Race discrimination. It is illegal under state and federal statutes to discriminate against an employee or job applicant on the basis of race or color. Those laws apply in various aspects of the employment process including hiring, firing, promotion, pay and job training. Ethnic slurs, racial jokes and derogatory racial comments may constitute unlawful harassment if they create a hostile work environment or interfere with job performance. It is also illegal to exclude minorities from certain jobs or to categorize positions so that some jobs are generally held only by minorities.

* Sex discrimination. Federal law makes it illegal to discriminate against an employee or job applicant based on sex. Those laws apply to hiring, firing, promotion, pay and job training. Title VII also prohibits discrimination known as sexual harassment, which includes direct requests for sexual favors or a sexually charged workplace that creates a hostile environment. The federal act also bars discrimination related to pregnancy or childbirth.

* Religious discrimination. The Texas Labor Code and federal Title VII prohibits employers from discriminating against workers because of their religion. Employers must reasonably accommodate an employee’s religious practices unless it would create an undue hardship for the employer. Accommodating religious beliefs includes flexible scheduling, voluntary job swaps, reassignments and lateral transfers.

* National origin discrimination. State and federal laws protect workers against employment discrimination based on their national origin. The law makes it illegal to discriminate in the workplace because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

* Disability discrimination. The Americans with Disabilities Act prohibits employers from discriminating against qualified individuals because of their disabilities. That law applies during hiring, firing, promotions, pay raises and job training, as well as other privileges of employment, such as health insurance.

Not all cases of workplace discrimination give rise to a cause of action, and not all employees are covered by state or federal employment discrimination laws.

Many of the discrimination laws are investigated by the Texas Workforce Commission Civil Rights Division. A formal complaint against an employer may involve a series of complex document filings with a state or federal agency, as well as a lawsuit and trial in state or federal court.

The attorneys of our firm are familiar with the employment discrimination laws of Texas and can give you a fair and thorough evaluation of your case. We are based in Texas. We actively litigate cases in Texas and throughout the nation. If you think you have been the victim of unlawful discrimination in the workplace, please contact our office today.

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Personal Injury 10/23/19 – gtg

Drunk Driving Attorneys

Every five hours in Texas, someone is killed in a drunk driving accident. In fact, Texas led the country in the number of alcohol-related traffic fatalities in one year, according to the US Department of Transportation.

Our firm is dedicated to helping the innocent victims of drunk driving accidents recover from their injuries and losses. If you or a loved one has been injured in an auto accident with a drunk driver, you have the right to be compensated for your injuries and property loss under Texas State law.

In Texas, it is illegal to drive a motor vehicle with 0.08 BAC (Blood Alcohol Content) or above – or roughly the equivalent of drinking four drinks in a one hour period for a 170-pound man. At this legal limit, critical driving skills are seriously affected, such a driver’s ability to judge distance and speed.

Texas law allows drunk drivers to be prosecuted through the criminal courts as well as through civil lawsuits. Texas also has very specific regulations, known as dram shop laws, which hold any business responsible for continuing to serve or sell alcohol to a driver who was obviously intoxicated. If you have suffered severe injuries from a drunk driving accident, you may be able to file a suit against the drunk driver, as well as the restaurant, bar or liquor store that sold alcohol to the driver who caused your injuries. However, in order to do so effectively, you need a drunk driving accident lawyer who understands the Texas law, the full legal implications of your accident, and can skillfully argue your case in court.

Drunk driving accidents can cause horrific injuries and even death. While legal action cannot bring back lost loved ones or recover physical capabilities lost due to injury, it may bring you the financial compensation that you or your loved ones need to secure your future and begin your road to recovery. The individual who chooses to drink and drive on Texas roadways should be held accountable. The drunk driving lawyers at our firm are committed to making that happen.

Our clients are usually involved in must-win legal disputes. As a result, we place a premium on winning. And like our clients, we believe WINNING IS EVERYTHING. If you or a loved one has been seriously injured in a drunk driving accident, contact our office today.

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Medical Devices

Medical device companies and manufacturers often put their profits ahead of the public’s safety and welfare. Medical devices that are insufficiently tested or improperly designed and manufactured can cause serious injuries and death.

Our firm represents individuals and their families who have been injured or killed due to dangerous medical devices. We believe that medical device manufacturers owe consumers a duty to ensure that their medical devices are safe. When consumers buy a product there is an understanding that if it is used as directed and intended than the product is safe. This is particularly important when it comes to products that are used in medical operations and medical procedures. However, sometimes product sales, profits and productivity are placed above patient safety. Tens of thousands of children and adults are injured and killed every year by defective medical devices.

In general, medical device defects are categorized as either design defects or manufacturing defects. Design defects are inherent in the design of the products, while manufacturing defects are flaws and mistakes made in the manufacturing process.

Even though the Food and Drug Administration (FDA) heavily regulates the production, labeling, and sale of medical devices, injuries and deaths related to the use of these devices occur all too often. Though the FDA was established in 1931, it was not until the 1976 Medical Device Amendments to the Food, Drug & Cosmetic act that the FDA was given power over medical devices which seeks to provide “reasonable assurances of safety and effectiveness” for all medical devices.

Serious side effects or failures of a medical device may be cause for a claim depending on the extent and nature of your injuries. Our firm handles a multitude of medical device litigation, including some of the more common problematic and dangerous medical devices:

Intra-operative screws
Silicon breast implants
Contraceptive devices
Hip prosthesis
Knee replacements
Pacemakers
Guidant Defibrillators
Heart valves
Dialysis Filters
Jaw implants

If you have been injured by a medical device, you may be entitled to significant financial compensation for your injuries. This compensation may include money for medical bills, lost wages, pain and suffering and financial compensation to loved ones (in case of a wrongful death).

If you or a loved one has experienced negative side effects or serious health problems after using a medical device, please contact our office today.

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Medical Devices FAQ

Who is liable for harm suffered from medical devices?
Depending on the facts of your individual case, liable parties can range from the device manufacturer, to your treating physician or surgeon, to the distributor of the medical device. An experienced lawyer at our firm can help determine liability in your personal injury claim.

What is a class action lawsuit?
A class action is a distinctive type of lawsuit that allows a group of people who have comparable issues to sue another party as a group, or class. The idea of a class action is that everyone who has been injured by the same conduct should not have to be put to the expense of hiring his/her own lawyer and go through the stress of a trial. Certain drug and medical device litigation cases fall under class action lawsuits against the manufacturer.

How is a medical device claim determined?
When a medical device (such as a syringe, hip implant, pacemaker, or surgical instrument) injures someone, the courts must answer the question “was there something wrong with the product” or “was there something wrong with how the product was used”? In finding the answer, two general theories of liability are applied: product liability and negligence. The first theory looks at what was wrong or defective in the medical device. The second looks at the performance of the medical personnel using the device. An experienced medical device lawyer can evaluate your injuries and determine if a defective medical device caused them.

What is an example of a defective medical device?
A recent example of a defective medical device is the Guidant Defibrillator.

Indianapolis-based Guidant Corp. alerted doctors that nine pacemaker models made from 1997 to 2000 might need to be replaced. An estimated 28,000 of the pacemakers remain implanted in patients worldwide, with about 18,000 of those in US patients. The company said that a sealing component in the pacemakers has degraded in some cases, resulting in higher-than-normal moisture in the devices that could cause a malfunction. Several patients have lost consciousness or developed possible heart failure. The company reported the death of one person whose pacemaker might have failed, but it said the role of the device could not be confirmed as it was not returned for testing.

Do I need a lawyer if I believe I may have a medical device claim?
Due to complex issues involved in medical device claims, discussing your case with an attorney who is experienced in the area is the best way to ensure a thorough evaluation of your case.

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At our Law Firm, we represent victims of car accidents, motorcycle accidents, truck accidents, bicycle accidents, boating accidents, ATV accidents, bus accidents, slip and fall accidents, trip and fall accidents, dog bites, negligent security, burn injuries, work place accidents, wrongful death, and insurance bad faith.

CAR ACCIDENTS:
Every year there are over 100,000 accidents inTexas involving motor vehicles. Thousands of auto accident victims sustain serious bodily injury, pain and suffering, and medical bills, or even death, because of the negligent, careless, or reckless acts of another driver. Negligence can include speeding, driving while intoxicated, texting or talking on a cell phone, eating while driving, disregarding traffic laws, or any other activity that diverts a driver’s attention away from driving. We sue people who drive under the influence of drugs or alcohol!

MOTORCYCLE ACCIDENTS:
Traffic accident statistics show that motorcyclists have an approximately 50% greater chance of being involved in an accident than automobile drivers. Even though it is frequently the negligence of another that causes motorcycle accidents, the motorcyclist usually sustains the most serious injuries. Also, according to the National Highway Traffic Safety Administration (NHTSA), the number of crash-related motorcycle deaths has more than doubled in the last 10 years. In fact, 14% of traffic related fatalities in one year were motorcyclists.

TRUCK ACCIDENTS:
Every 16 minutes at least one person in the United States is injured or killed in a tractor-trailer accident. Trucks, also known as large commercial trucks, semi-tractor trailers, semi-trucks, big rigs, or 18-wheelers, greatly outsize and outweigh most other vehicles on the road. Consequently, much smaller vehicles, like cars and motorcycles, don’t stand a chance in a collision with these road giants. Any truck weighing over 10,000 pounds gross vehicle weight (GVH) qualifies as a tractor-trailer. A commercial truck loaded to capacity, however, can typically weigh up to 80,000 pounds. A car typically weighs about 3,000 pounds. Considering this huge difference in size, it should come as no surprise that most collisions involving semi-trucks result in severe injuries or fatalities. In fact, one study showed that 98% of the fatalities in accidents involving big rigs occurred to the occupants of the much smaller vehicles.

BICYCLE ACCIDENTS:
Approximately 540,000 bicycle riders are injured every year. Many times their injuries are caused by careless, reckless, or negligent automobile drivers. There obviously is an extreme difference in size between a car and a bicycle. The bicyclist, therefore, almost always suffers serious injuries while the driver of the automobile walks away unscathed. Bicyclists may also be injured due to poorly maintained roads or defective sidewalks. There are, however, laws that protect bicyclist who have been injured through no fault of their own.

BOATING ACCIDENTS:
As a result of the Texas heat, many Texans spend time on boats enjoying the cool and refreshing water of local lakes. Whether waterskiing, wake boarding, or just cruising, the water and fresh air can be a great escape. Unfortunately, the careless, reckless, negligent acts of some boat owners and operators can make boating more dangerous, leading to bodily harm, property damage, and even death.

ATV ACCIDENTS:
All-terrain vehicles (ATVs) are motorized vehicles commonly referred to as three wheelers, four wheelers, or rhinos, that are used in recreational and work related outdoor activities. Most ATVs are used for riding in natural conditions or off-roading. Many ATVs go up to 55 MPH and weigh as much as 500 pounds. Couple the size and power of the typical ATV with the fact that the typical ATV rider is a teenager or young adult, injuries from ATV accidents are often very serious. In fact, almost 75% of ATV accidents result in serious head, neck or spinal cord injuries to the rider. As a result of the significant rise in serious injuries to young people due to ATV accidents, laws have been enacted, and are currently be considered, placing stringent requirements about who and how ATVs may be operated. Likewise, ATV manufacturers and dealers are very careful in limiting their liability exposure. Since ATV accidents are highly preventable and commonly the result of rider error or inexperience, recovery from others is often unavailable. However, that may not be the case in the event an ATV rider is injured or killed by the carelessness, recklessness, or negligence of another.

BUS ACCIDENTS:
Commercial buses and school buses are enormous. They are designed to carry upwards of 40 people or more. The sheer size and weight of a bus can mean extreme consequences to the passengers within, most of who are not provided with restraints or seatbelts. Adding to the danger of passengers on buses are unsafe roadways, congestion, drivers who don’t know or understand the rules of the road, improperly trained bus drivers, malfunctioning parts, etc. Serious bus accidents may result in broken bones, brain injury, paralysis or even death.

SLIP AND FALL ACCIDENTS:
Slip and fall accidents can take place anywhere. Property owners are responsible for keeping their property safe for everyone, including visitors, bystanders, employees and customers. Property owners may be liable for bodily injuries caused by failing to properly care for their property. This may include the failure to properly light stairs and hallways, unrepaired damage to roofing or flooring, unreasonably slick surfaces, as well as many others. Slip and fall cases, unfortunately, have been subject to abuse and are frequently vigorously defended by property owners – especially landlords and retailers. Because slip and fall cases are often defeated by the contributory negligence of the injured person, it is important to carefully consider the extent of your own actions, as well as the seriousness of your injuries, when deciding whether to pursue a claim against a property owner.

TRIP AND FALL ACCIDENTS:
Trip and fall accidents are slightly different than slip and fall accidents. While a slip and fall accident is typically caused by an unreasonably “slick” surface (water, mud, flooring, concrete coatings, etc.), a trip and fall accident is typically caused by catching your foot on something unexpected while walking. For example, a turned-up edge on a rug or carpet; a change in the level of a floor due to cracking or other movement; or an unlit or unmarked step. When a trip and fall is caused by the negligence of another, you may be entitled to compensation. However, like slip and fall accidents, you must carefully consider the impact of your own actions in causing your injuries, as well as the seriousness of the injuries sustained.

DOG BITES:
In recent years, pit bulls have captured much of the spot light in our media when it comes to dog bites. Dog bites, however, may arise from many other breeds of dogs. Statistics show that serious dog bites are becoming very common. In fact, someone in the United States seeks medical attention for a dog bite every 40 seconds. Approximately 4.7 million people are bitten by dogs every year. More than half of all dog bite victims are children. National figures estimate that 60% of dog bite attacks occur in the home of a friend or family member. Under certain circumstances, owners of dogs that bite may be liable for injuries caused by their dogs.

NEGLIGENT SECURITY:
A property owner may be liable for injuries suffered by victims of crimes if the owner failed to provide appropriate and adequate security necessary for the safety and protection of people on their premises. Generally speaking, property owners have NO DUTY to protect against harm caused by the criminal act of another. However, a property owner may have a duty to provide protection if such criminal acts are foreseeable. Negligent security case typically involve strong arm robberies and sexual assaults that occur at certain business such as malls, shopping centers, hotels, motels, office buildings, schools, strip clubs and parking garages.

BURN INJURIES:
Burn accidents may occur on the job, at home, at a restaurant, or on the highways as a result of faulty equipment, negligence or other circumstances. The physical and emotional pain and suffering resulting from burn accidents can last a lifetime. The monetary impact of such damage can be astounding. Depending on the severity of the burns and the age of the burn victim at the time of the accident, medical bills, lost wages, and pain and suffering damages can run in to the millions of dollars over the victims lifetime.

WORK PLACE ACCIDENTS:
Injuries caused while working on-the-job typically are covered by workers compensation insurance. There are, however, exceptions. For example, if an on-the-job injury is caused by a third party or by an intentional act of a co-worker or employer, you may be entitled to bring a separate action against such people for your damages.

WRONGFUL DEATH:
Wrongful death suits arise when an accident victim dies as a result of the negligent, reckless or intentional acts of another. The decedent’s surviving spouse, children, immediate family or sometimes beneficiaries may be entitled to take action and pursue a wrongful death suit. Wrongful death suits may arise from any accident, including car accidents, motorcycle accidents, tractor-trailer accidents, bicycle accidents, and boating accidents.

INSURANCE BAD FAITH:
Most of us want to believe that insurance companies will always act in good faith and be fair when responding to claims. Unfortunately, that is not always the case. The interests of insurance companies and insureds diverge when a claim is filed. To be profitable, insurance companies must payout less for claims than they taken in through premiums and investments. They also do not want to raise premiums any more than necessary so that they can maintain price competitiveness in the market place. Insurance bad faith occurs when an insurance company’s financial interests take precedence over the interests of its insured. Some common forms of insurance bad faith include failing to reasonably investigate a claim, misrepresentation of policy limits, and unreasonably denying coverage for a claim.

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Everyone has a moment in their life with they take a wrong step or aren’t watching where they are going, causing them to slip and fall. But, if and when a fall is caused by another person’s negligence, then the fall could be grounds for an injury claim. If this is the case, then it is time to find a personal injury attorney .

Slip and fall injury claims can be difficult cases. The first thing you need to discover is whose negligence lead to the condition, which caused you to fall. It is important to note that if the fall occurs in a public place, you will also need to able to show that the person in charge of the property had knowledge of the hazard.

Your personal injury attorney will help you find the proof you need to win your case. One of our most memorable cases was a slip and fall injury claim. We helped a man and his wife. The man fell on ice caused from a leaky swamp cooler. The injury shattered the man’s hip and the following surgeries resulted in numerous infections. Hess settled for a substantial amount of money. The monetary damages helped man to take care of himself, and later his wife, after he had died from complications resulting from the initial slip and fall injury.

Because of the complex nature of proving negligence in a slip and fall injury claim, these claims are often among the most contested claims by the insurance companies. It is important that you work with a personal injury attorney who has years of experience in the handling of slip and fall injury claims and is not afraid to go toe to toe with the insurance companies. Our firm will fight for you and has had great success with these types of cases.

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Wrongful Death: Personal Injury Attorney in Texas Helps YOU

When someone you love dies due to the wrongful acts of another, it can be an overwhelming situation. Not only do you have to deal with your grief and loss, but there is also the desire to get justice for your loved one. No matter what the cause, the loss of a loved one is a difficult situation. Your personal injury attorney can help ease the process of dealing with your wrongful death case.

While it is impossible to bring your loved ones back, it is possible to receive some form of compensation for the loss. Although it may not seem fair, it is the best the legal system can do to help you and your family. There are a couple of forms of damages you can receive. Economic damages are monetary contributions that the deceased would have contributed to his family, such as, the amount of lost wages. Non-economic damages include more abstract elements like love, affection and care. There is also money available for pain and suffering that your loved one suffered prior to their death. Due to the multiple aspects of a wrongful death case, it is important to find an experienced personal injury attorney.

There are special rules when dealing with the death of a minor. Your personal injury attorney is here to help you understand your rights. Parents are permitted to file a claim for a minor child who was a dependent. If the parents can show that the child aided the family in some way, then there may be more damages available. For example, if the adult child helped his parents by providing translation services or some other services, then the law would consider these acts. With this type of wrongful death case it allows the dependent parents the peace of mind that they will get help financially for their suffering. There are many other aspects that contribute to the damages that are received. Having a personal injury attorney will help you get the most retribution. Damages can be recovered for medical and hospital expenses, loss of services and support, as well as loss of love and companionship and the destruction of the parent-child relationship.

One of the toughest situations in life to deal with is the loss of someone you love. If the death was caused by another person’s negligence, then you may have a wrongful death case. Due to the complexity of these cases and all the damages available, it is important to seek expert advice. Contact our personal injury attorney if you find yourself in this type of situation.

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Personal Injury Attorney Says ‘Courtroom Attire Makes Difference’

Decisions must be made concerning the fate of plaintiffs and defendants in legal cases. There are many intangibles affecting the outcomes of a court case. However, an area you are control of is how you choose to appear when standing before a judge and jury. Listen to the legal advice given by an experienced personal injury attorney about dressing for court.

Look Professional

When your day in court arrives, dress in professional attire since this cannot be faulted. This is not a police line-up or the morning after arrest arraignment. This is the first and best opportunity to show respect for the system, the judge presiding and possibly your peers, who are responsible for deciding your fate. Do not cheat yourself by dressing inappropriately.

Men should be Presentable

There is never a courtroom scenario where a man should not dress in a suit and tie. Male lawyers always do this since they know many different sets of eyes will be watching them during the proceedings. The same eyes will be watching defendants and plaintiffs as well. Never wear a hat or a hooded sweatshirt. The key is to dress conservatively. If a suit and tie is unavailable, wear a nice pair of dress slacks and a buttoned-down shirt.

Women Need a Conservative Look

As a personal injury attorney, I advise female clients to dress conservatively. The preferred choice is a business suit wearing either slacks or a skirt with a white or light-colored buttoned-down blouse. Make-up applied and jewelry worn should not be anyone’s main focal point when making a visual assessment. Coming across in an attractive fashion is the goal but it is important not to appear over-the-top or overly theatrical.

Clean Cut is The Norm

Men should be clean-shaven and have a fresh haircut in a style that does not draw attention to the hair. A physical appearance is an important aspect compelling the judge and jury to form an initial reaction. It may be a cliché, but possessing that All-American boy next-door look is the best way to go.

Appearance Includes Actions

As important as dressing for court may be, how a person appears through their actions themselves. How you act and react when in a courtroom setting speaks volumes about you. Those things mother harped about, like standing and sitting up straight are important. Speaking in loud tones so everyone can hear is also important. Responding with a “Yes Sir” or a “Yes Ma’am” is equally important. Always listen to your attorney’s legal advice in this matter.

Ultimately, courtroom participants will want to look professional but never flashy. How you dress and act in a courtroom can change the outcome of your case. Make sure to ask your Personal Injury Attorney for advice.

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Injury Lawyer In Explains Class Action Suits
A class action lawsuit is one that is filed for a group, or “class,” of people sharing injuries sustained by a single entity, business or organization. Usually these types of suits result from a product liability issue. An example is a lawsuit filed against drug companies on behalf of people injured by their products. Participation in a class action lawsuit has several advantages and disadvantages that should be discussed with an experienced injury lawyer in .

Types Of Class Action Suit Awards

Awards issued from a successful class action lawsuit are in two categories: punitive and compensatory. Punitive awards are a form of “punishment” directed at the company or organization for their actions. These awards can be quite large. Compensatory damages address monetary awards caused by the defendants’ actions resulting in illness, injury, pain and suffering, and loss of life.

Jury Trial May Be Necessary

If opposing parties cannot reach an out-of-court settlement, the case may go to a jury trial. Jury trials are complicated and usually involve many levels, including appeals. Defendants usually seek to arrive at settlements because these are typically much lower than awards determined by a jury.

Class Action Reduces Litigation Costs

The primary benefit derived from a class action lawsuit is reduced costs. This is especially true in cases involving a good number of plaintiffs. In fact, both sides benefit since one effort representing multiple clients, results in reduced court costs and injury lawyer fees for both sides.

Court System Benefits As Well

The nation’s courts usually have their resources stretched thin. Therefore, the court system actually encourages class action suits, rather than multiple cases, all of which are against the same company. Filing a class action suit avoids the inconsistent results that can be rendered by multiple judges.

Economy In Multiple Plaintiffs

Individual court cases in many suits do not warrant the expenses incurred by one injury lawyer or firm due to small awards. Class action cases solve this situation. For example, a company may be sued for overcharging customers $25 each. A lone individual would never sue in this situation. However, if there are a few hundred or thousand complainants, the potential combined award makes a single effort worth the undertaking.

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It may sound obvious, but few people realize the amount of preparation that can accompany a case. The time that a personal injury attorney spends on preparing for your case, will most likely, determine the outcome. Preparation for a trial can be very tedious, but is extremely important.

During the preparation stage, an attorney will conduct interviews with the client, dig up documents and do other research. The interview with the client is very important, because it is what determines the attorney’s next step. The interview usually involves detailing the story, the company background, the needs, etc. After the initial interview, the attorney gets started on the research phase.

One of the most important tasks is gathering all the necessary documents. The personal injury attorney in and their staff will gather all the necessary medical, work and legal documents needed for making a strong case. This may seem straight forward, but can be a very time consuming process. Contacting government offices, doctors’ offices and employers can be very complex. An experienced attorney knows whom to talk to get the proper documents, but they may still have a hard time getting cooperation. In addition, some documents may have been lost. Lost documents mean the attorney needs to spend a little more time to track the documents location.

Once all the documents are gathered then the attorney does any necessary research. While doing their research it is important for the personal injury attorney to look at the trial from the plaintiff and the defendant’s angle. If a company is involved, the attorney will make sure to do research on that company. What kind of restrictions does a company have for its employees? Was there any previous mention of the problem to the company? Are there any open cases against that company?

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You may be eligible for more compensation in your personal injury case. Countless national standards are in place and companies have to follow them or they face penalties or even lawsuits. The problem is proving that someone’s negligence led to national standards not being met. In situations like these, you need to consult a personal injury lawyer.

One recent topic of conversation is about new regulations regarding the handling of concussions in high school athletics. Student athletes who get concussions are prone to long term injury. Therefore, parents petitioned to have some standards put into place. These new national standards define how to handle a concussion, the number of concussions, and the proper safety gear needed to decrease the number of concussions. If your student was injured and the school/coaches did not handle the concussion appropriately then you should talk to an attorney.

However, this is only one of the many examples of national regulations that are in place. In fact, I had one case where a guy was injured due to a company’s negligence. He was driving a freight truck, went over some railroad tracks and the truck started to shimmer really badly causing him to crash. He broke his back in the accident and it turns out the truck manufacturer was to blame. After doing some research, we discovered that there was a recall on this truck and that the company had failed to take action. If you think national standards were broken in your personal injury case, then contact your personal injury lawyer.

Other examples of accidents where a national standard may have been broken are with rollover accidents. The National Transportation Safety Board has established regulations about how strong the roof, doors and bumpers have to be. If you are injured in an accident and can prove the company did not meet these standards then you are eligible for more compensation. Make sure you talk to your personal injury lawyer about company negligence and national standards if you are in an auto accident.

Remember that if you think a company’s negligence caused your injury you need to say something. If you don’t bring awareness to their negligence then they may continue to break the regulations.

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Personal Injury Lawyer Cautions About Internal Injuries

Internal injuries can be a very serious problem and are something you need to be aware of. Often, my clients will come in and tell me that they received some minor injuries, but they want to fight for compensation. As a personal injury lawyer I advise them to go see a doctor. Sometimes, they don’t want to or want to know why. There are two main reasons. The first is that you need to have documentation of any injuries you have. The second is that you may have an internal injury that may not be bothering you now, but may be very serious in the future.

I have a case right now where my client suffered brain injury due to whiplash in an auto accident. My client got rear ended while traveling 30 to 45 miles an hour. Right after the accident my client had the usual stiffness, but a couple of days later she began to notice other problems. She was sensitive to light and kept getting headaches. After visiting the doctor, it turns out that she has a closed head injury.

As her personal injury attorney, I am fighting to get her the compensation she deserves as well as trying to help her find a doctor who can help her. In cases like this, you can end up with long-term effects, such as shortened time on the computer or reading or an increase in light sensitivity.

If you are injured in any type of accident, remember that although you may feel fine, you should always go see a doctor. Furthermore, you should ask your doctor to check for internal injuries. You do not want to wait and find out that you have a problem. You need to bring the injury to light as soon as possible. This will help your personal injury attorney represent you better and get you the compensation you deserve.

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Personal Injury Attorney Clarifies Supermarket Slip And Fall

So you slipped and fell in a grocery store, which means you have a personal injury case, right? It may surprise you, but there is no guarantee that you have a case. If you fell and were injured in a supermarket, you have to be able to prove negligence. The complexity of proving negligence is where your personal injury attorney comes in.

All supermarkets have safety standards that they follow. This includes a specific amount of time in between checking isles, or a specific response time to a spill or broken glass clean up. The problem is proving the company wasn’t following the guidelines. If the customer who is in the isle before you drops a jar of pickles and then you come by moments after and slip on the mess, the store is probably not liable. The reason they are not liable is that they were not aware of the situation.

As a personal injury attorney, I have seen a couple cases were a third party was involved and I decided not to take the case. I had one gentleman who slipped on a ballpoint pen, but I did not see a way to prove that the company was liable for the pen being there.

On the other hand, there are cases where the company is definitely liable. For instance, I had one client who slipped on a newly waxed floor. There were no signs warning about the slippery floor, so the company was liable. Another example is a case where a company had put a swamp cooler up on a table to cool customers off, but the condensation ran down the cord and across the floor causing a puddle. My client slipped on the puddle and we had a slip and fall case, because the company created the situation.

As a personal injury attorney, the ease at which we can prove a company created the situation, is the determining factor in whether or not we decided to take a case.

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Personal Injury Lawyer Explains Product Liability Cases

In the news there always seems to be something about a new recall of some sort. From eggs and vegetables to toys and cars, a product recall can only mean one thing – a company made a mistake. If a company makes a mistake and you are injured because of it, then you need to contact a personal injury lawyer.

Product liability cases can have huge compensation, but you have to be able to prove the company was negligent. Because of the complexity of these cases you need a personal injury lawyer on your side. In fact, one thing that your lawyer will do, is see if others have been affected by the same problem, and if so how many. This may lead to a class action suit, which will make your case against the company stronger.

An example of a product liability case that made the news is the egg and spinach recalls. These food recalls are examples of how a company’s negligence led to illness. Right now, we are working on a case against Yamaha that looks at a product that is malfunctioning. In this case, the problem is with one of their throttle cables. After a certain period, they get stuck open, which can lead to accident and serious injury.

We had one person come to us because the faulty cable injured him. After a little research, we found out that two to three hundred people were injured by this problem. In this case the person that manufactured the product and the distributors are both or can both be liable for this faulty product. Therefore, the course of action that we chose was a class action suit against both the distributor and manufacturer.

If a product has injured you, then you should consult a personal injury lawyer. You may be eligible for compensation. In addition, if you are injured, you should act fast, because you want to spread the word before others are injured.

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A Personal Injury Lawyer Discusses National Regulations

You may be eligible for more compensation in your personal injury case. Countless national standards are in place and companies have to follow them or they face penalties or even lawsuits. The problem is proving that someone’s negligence led to national standards not being met. In situations like these, you need to consult a personal injury lawyer.

One recent topic of conversation is about new regulations regarding the handling of concussions in high school athletics. Student athletes who get concussions are prone to long term injury. Therefore, parents petitioned to have some standards put into place. These new national standards define how to handle a concussion, the number of concussions, and the proper safety gear needed to decrease the number of concussions. If your student was injured and the school/coaches did not handle the concussion appropriately then you should talk to an attorney.

However, this is only one of the many examples of national regulations that are in place. In fact, I had one case where a guy was injured due to a company’s negligence. He was driving a freight truck, went over some railroad tracks and the truck started to shimmer really badly causing him to crash. He broke his back in the accident and it turns out the truck manufacturer was to blame. After doing some research, we discovered that there was a recall on this truck and that the company had failed to take action. If you think national standards were broken in your personal injury case, then contact your personal injury lawyer.

Other examples of accidents where a national standard may have been broken are with rollover accidents. The National Transportation Safety Board has established regulations about how strong the roof, doors and bumpers have to be. If you are injured in an accident and can prove the company did not meet these standards then you are eligible for more compensation. Make sure you talk to your personal injury lawyer about company negligence and national standards if you are in an auto accident.

Remember that if you think a company’s negligence caused your injury you need to say something. If you don’t bring awareness to their negligence then they may continue to break the regulations.

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Personal Injury Attorney Says “The Doctor Is Your Friend”

If you are working with a personal injury attorney, you need to go to the doctor. Being a tough guy or gal is not going to help your case. In fact, it might actually make it impossible to get you the compensation you deserve.

A lot of people think that muscle aches or strains will go away, so why bother go to the doctor. Because going to the doctor is what creates the documentation needed to create a strong case for you. I advise my clients that if they have any new pains or irritations they need to go see a physician right away and complain about the injury.

I actually remember telling one client to be a pansy. It will make it easier to prove to the insurance company that you are actually hurting form the accident. As a personal injury attorney, I am focused on one thing, getting you as much compensation as I can. The more documentation I have that shows your pain and suffering the easier it will be.

You may still be thinking that a visit to a physician is not worth the time for your sore neck, but let me tell you what companies will say. If you wait to go to the doctor for that sore neck then the company will say that injury came from something else. They will try to create as many excuses as possible to get the sore neck information thrown out.

In addition, that sore neck may actually be the warning sign for a cracked vertebra, or some other internal injury. If you go in early, not only will you have the necessary physician verification, you will be able to be treated and to get back to your normal life sooner.

The bottom line is that if you want to have a stronger case, go to the doctor. The more pain your personal injury attorney can show the easier it will be to prove your case.

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