traffic ticket law 1/12/2020

By: An Anonymous Traffic Cop

Unfortunately for most of the motoring public, tickets are quite easy to get nowadays.

Modern technology has provided today’s Law Enforcement with numerous tools and gadgets that make it simple and cost effective to easily locate motorists that violate the rules of the road. As a Law Enforcement Officer currently assigned to a productive Traffic Division, I can promise you that if you haven’t yet gotten a ticket, you most likely will sooner or later. No matter how careful you are on the roads, everyone makes mistakes. One day, another traffic cop like me will be out there to catch that mistake.

Still skeptical? Let me tell you a little about a typical day at work for me. Perhaps you will see that no matter how careful, no matter how safely you drive, one day…you will probably find yourself on the receiving end of a traffic ticket. Read on:

My night shift starts uneventfully. I power up my video camera so I can catch violations on camera. I make sure I have extra ink cartridges for the ticket printer; I don’t want to run out and not be able to issue citations. The gas tank of my Crown Victoria gets filled and I test my dash-mounted radar to make sure it is working properly. I fire up the hand-held laser, and check it too. A quick glance at my watch shows that its 5:00 PM…time to head out. The rush hour traffic is sure to yield several good tickets, and I know I will find some more “customers” later on in the evening if I keep my eyes open.

Rare is the day when I don’t find several tickets to write to unlucky motorists. Technology has made it very easy for me. My dash-mounted radar is my favorite tool. It gets used quite often; as I’ll often hide around curves or at the bottom of hills, and catch speeders before they even know I am there. By the time the driver actually spots me, it’s too late. But stationary radar is not the only use for my dash-mounted radar. I can operate moving radar while driving from point A to point B, and often collect several citations before I reach my destination. While I’m driving around running radar, I have a computer program that allows me to check license plates of motorists around me. If there is a problem with a license plate, such as an expired decal, or a registrant with a suspended license, I can be sure I will get a few tickets from stopping that vehicle.

I also keep my eyes peeled for other obvious offenders: Red light runners, people that violate the right of way of others, and of course, those impatient people that like to “roll” through stop signs. These violations make easy tickets for me.

Sometimes we play dirty. A bunch of traffic cops will get together, and one will “dress up” as a surveyor. He will place a hand-held laser in a tripod, and pretend to be “surveying” near a busy roadway. In actuality, the “surveyor” is actually clocking speeders and radioing the information to cops that are hidden down the road. The result-you get busted. We often use many variations on this theme.

I hardly even have to put in any effort when I sit down to write a ticket. I have a license reader that allows me to “swipe” your license like a credit card. The reader then transmits your license data to a pre-made ticket form on my computer. I add a few things to the ticket, and then hit the “print” button. Voila! A few seconds later, and I have a nice printed citation- personalized for you. The minutes saved by the license reader and ticket printer free up more time for me to go out and stop more cars.

While that pretty much sums up my workday, it doesn’t mean that when the cops aren’t around, you are off the hook. We now have cameras everywhere that can generate tickets when we are not around. Many people have heard of the “red light” cameras and the “toll-booth” cameras. They arereal, and a lot of government money is generated from those tickets.

What does this mean for you? Basically, with all the newfangled technology that cops are running around with, chances are good that you will get a ticket- no matter how careful you are.

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10/22/2020 new legal – gtg

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Contact our Car Accident Attorney Today

Have you or a family member been involved in a serious car accident? If so, you need to speak with an experienced auto accident attorney. Unfortunately, a serious car wreck can lead to a host of expenses, injuries, and legal issues that ultimately threaten your way of life. Seasoned car accident lawyers can help you confront those challenges and deal with them in the most positive manner.

Find our Car Accident Attorney Today.
Car accidents are one of the leading causes of injury and death in the United States. More than six million auto accidents occur in the United States every year. Of those accidents, 2.9 million people are injured and more than 42,000 people are killed. These accidents may cause personal injury, pain and suffering, mental anguish, and physical disfigurement for the victim. Car accidents may often cause financial hardship for the victim’s family. In tragic instances, car accidents may also lead to wrongful death.

All too often, victims and their families are short-changed by large corporate interests. Larger insurers who represent trucking companies, heavy machinery operators, and even governmental entities responsible for the construction and maintenance of our highways are even tougher to deal with. Experienced car accident attorneys are not intimidated by these large powerful interests. Instead, they fight for victims’ rights by taking the large corporate interests to court if necessary. Additionally, car accident lawyers can help you understand some of the most common causes of car collisions in your area.

Contact an experienced car accident lawyer today to learn about your rights. You may be entitled to compensation or additional protections under the law. Our Car Accident Attorneys can help you understand the following car accident-related issues:

Our Car Accident Lawyers will “Level the Playing Field” – How can a Car Accident Lawyer Help You?
A car accident attorney primarily performs five functions: (1) they ensure you receive proper medical care, (2) they assist you in assessing property damage and the repair of your car, (3) they negotiate on the client’s behalf, (4) they can file lawsuits and defend claims in court, and (5) they advise clients of their rights in the face of uncertainty. A car accident potentially brings all five of these functions to the forefront.

Proper Medical Care: When a car accident occurs, even a fender bender, the body is tossed around in the cab of the car. Medical science has proven the body sustains physical injury even when you are wearing your seatbelt. Often times, immediately after an accident, people do not think they are injured and, after exchanging information, they go to where they were heading. Not until a couple of days later do they begin to experience pain. This pain is usually caused by some trauma to the musculoskeletal system in the human body. These are typically called orthopedic injuries to the back and/or neck. In a more serious accident, physical injuries are readily apparent. In either case, a car accident lawyer will make sure you go to the proper doctor to get proper medical care.

Car Property Appraisals: In today’s dollars, even a fender bender can run into the thousands of dollars in property repair. Car insurance companies are notorious for trying to save as little as $50 on a property damage assessment, because, to them, saving $50 times thousands of accidents results in more profits for their shareholders. Getting every penny for your property damage is one of the goals of your car accident attorney.

Negotiation: All too often, car insurance companies and corporate interests deny covering losses which they know their insured is responsible for; or they try to short-change unsuspecting victims by tricking them into prematurely settling their claims. When you are unrepresented, the insurance company tries these tactics and, unfortunately, in most cases they are successful. Moreover, without a car accident lawyer representing you, the negotiation process is rather one-sided; meaning the insurance adjusters are well-schooled in the negotiation process in comparison to an unsuspecting injured victim. With an experienced car accident lawyer on your side, these tactics will not work. By hiring a car accident law firm, victims place a buffer between themselves and the auto insurance company and auto insurance adjuster. Your car accident attorney will be well versed in the art of negotiation and the process changes quickly when your injury attorney sends a letter of representation to the insurance company.

File a Claim: Although your attorney’s trial skills are an important asset, most attorneys do not spend the majority of their time in court. In fact, a properly handled case should settle without the need to ever file an actual lawsuit. However, there are those circumstances where insurance companies simply do not offer sufficient money to cover all your damages. In these circumstances, your injury attorney’s ability to successfully litigate a claim is critical. All of our personal injury lawyers are capable of filing a lawsuit and going to trial if necessary.

Advice: In many cases, a victim may have additional rights or more than one course of action available to them. In these circumstances, it is important to have an attorney who you trust. Car accident attorneys should provide you with sound advice. They should always put you and your family’s needs ahead of their own. You should feel confident your car wreck attorney has the sole purpose of putting you and your family on the road to recovery.

At the accident scene:
Remember, always take care of yourself and other injured victims immediately after the car accident. If you are injured, get to a local hospital. If someone else is hurt in the accident, make sure you call 911.

Second, never leave the scene of the accident. Your state may have laws making it a violation to leave the scene of an accident when there has been a personal injury or death and may also have a law making it a duty to render aid. Call the police or 911 and at a serious accident, insist that a police report be created. If the person who has hit you takes off (hit and run), do your best to write down their license plate information and any other identifying information available (make, model, type of car, etc.) but do not give chase or endanger yourself or others.

Third, if there are witnesses in the area, and if you are able, get their names and contact information which will be very helpful.

Fourth, try to document as much as possible including the police “incident report number,” badge numbers, and officers’ names. As your claim proceeds, towing and storage information, police reports, medical bills, receipts evidencing property damage, etc., become very important. Lastly, do not wait to seek legal representation!

After the dust settles…
Whether you need a visit to the hospital, a visit to your home, or an office meeting, all of our personal injury lawyers will, if requested by you to do so, meet and speak with you and your family anywhere and at any time to educate you on your rights. This initial consultation is free and at no charge to you. Simply asking for one of our car accident lawyers to meet with you does not create an obligation on your part to retain them or hire them. It is essential you know your rights and we urge you to speak with an attorney before you make any decisions on how to handle your car accident claim.

If our Car Accident Lawyers cannot settle your case without litigation, they must file a lawsuit. When they do this, they will file the lawsuit in a court that is “proper” to handle this type of personal injury claim. Some of the courts available are the below courts:

A federal court may also be an option for your Auto Accident
Under certain circumstances, your personal injury lawyer may have to choose a Federal court to file your lawsuit. Sometimes, your car accident case must be filed in federal court.

Hiring a Car Accident Lawyer – Contingency Fee Contract
Contact a car accident attorney promptly. Our personal injury lawyers usually represent all clients with what is commonly referred to as a “Contingency Fee” agreement. Generally, a contingency fee injury contract means “no fee if no recovery.” There is some variance in personal injury contingency fee contracts from state to state and from lawyer to lawyer. Specifically, whether or not the client remains responsible for the expenses associated with an injury claim, regardless of any monies being recovered, may vary depending upon state law. There are usually ethical requirements in each state governing these issues. Basically, the accident lawyer receives a percentage of your recovery when the case settles or is otherwise concluded. The advantages of an injury contingent fee contract cannot be understated. There are lawyers who charge by the hour and, usually, it would be economically impossible for you to pay their hourly rate. A no-fee, no-recovery agreement makes it possible to retain excellent representation without money being paid “upfront” by you. Contact an experienced car accident contingency fee lawyer to understand what your state requires.

Time Restrictions
Your timeline for filing a lawsuit, or, in some cases, just making a claim, is definitely governed by a statute. In some instances, if your claim is against the City or some governmental unit thereof, or the state, there are even more specific time constraints. This is one very important reason why you should immediately reach out to car crash lawyers. This time limit is called the “statute of limitations”. Moreover, as time goes on, critical evidence may become more difficult or impossible to gather. For example, a witness’s memory may begin to fade, documentation and records can potentially be lost, and other critical evidence can begin to spoil or wane away. An aggressive automobile accident attorney will make sure this evidence is preserved.

Obtaining Quality Care and Documenting Your Car Accident Injuries
Your car accident attorney will assist you in getting complete medical care. Debilitating Injuries are expensive, and they often require a significant change in the victim’s lifestyle. For example, injuries resulting in paralysis require modifications to the home, medical apparatus’ (wheelchairs, etc.), and other changes to make living a life with dignity a reality. Here are some of the common injuries people suffer after a car accident injury:

Broken Bones
Traumatic Head Injuries (TBI)
Wrongful Death, or fatality, of a Family Member
Scarring/Disfigurement
Burn Injuries
Back Pain or herniated disks
Neck Injuries, Muscle Strain, or Whiplash
Mental Anguish and/or Psychological Injuries that occur in head trauma injuries, e.g., recurring nightmares, loss of short term memory, personality changes, irritableness, etc.
Pain and Suffering

Your automobile accident attorney will make sure that, whatever combination of the above injuries you have suffered, your accident injuries are properly treated by the appropriate physician. In obtaining medical care there are, of course, medical expenses. Soaring medical costs can cripple a family financially. These days, it is not uncommon for a single day in the Hospital ER to cost upwards of $5,000 or more. Your car accident lawyer will have to prove these expenses are the result of the car wreck.

Medical expenses are generally divided into two categories: short-term medical expenses and long-term medical expenses:

Short-term medical expenses are those costs that occur right after and as a result of the car accident. These costs include ambulance fees, emergency room expenses, and expenses from follow-up care that occur in the immediate few months after the initial injury.

Long-term medical expenses are those reasonable and necessary costs associated with medical treatment of the injury over the course of a year or more. Examples include costs related to corrective surgeries, physical therapy, mental health treatments, drugs, prosthesis changes that occur as a result of the initial injury.

An experienced car accident attorney will prove all these medical expenses through competent medical testimony or other expert testimony. These expenses often require the use of expert testimony to prove in a court of law.

Representing you for alleged traffic violations
There is a difference between being cited for a traffic ticket violation at the scene of an accident and actually being negligent and proximately causing an accident. At the scene, an officer has to make a split decision on who, if anyone, is to receive a traffic ticket. He or she tries their best, but clearly being issued a ticket does not necessarily mean you were the negligent party. How the ticket is handled can be very important on the success of a later asserted injury claim as well as revocation of your license, or even a discharge of employment. A competent car crash lawyer will know how to advise you on handling any tickets you may have received.

The Road to Recovery After You Experience an Accident
Contact a car accident lawyer to go over your case. The road to recovery is different for everyone. Your specific injuries will need to be addressed on an individual basis. Do not get stuck with the bill for those medical expenses, property damages, and all other bills resulting from another person’s negligence. Find a car accident attorney today.

Our Car Accident Attorneys are experienced in handling serious injury auto collision cases and can help you fight to get you the compensation you deserve. Contact a Car Accident Lawyer today for a FREE INITIAL CONSULTATION.

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Car Accident Insurance companies, as with any other insurance company may deserve some of the bad reputations they are getting because we take care of their benefits just like any other private company in any industry. However, they play an important role, especially for people who own a car. Car Accident Insurance protects you financially from future liabilities. It acts like a blanket of security for your finances if you are involved in a car accident. Car Accident Insurance is a contract between you and the insurance company, you pay the insurance company now, pay for your car expenses in the future.

Car Accident insurance There are various types of car accident insurance. Before choosing any type of auto accident insurance, the first thing to do is to check the type of coverage the plan offers. Here are the basic types of auto accident insurance coverage:

• Liability Coverage – This is necessary for all car owners in most states. This provides compensation for injuries and property damage caused to third parties. This includes medical expenses, lost wages, and pain and suffering. Remember, this covers the cost of other people involved, and not yours. Furthermore, it must be to blame for the insurance company to pay.
• Personal Injury Protection – This is optional. No matter who is at fault, this covers medical expenses for both you and your passengers for injuries that they suffered after a car accident.
• Collision – Also optional covers repairs to your car after a car accident. Car Accident Insurance rates vary from case to case.

There are several factors that influence the rates for each person. Here is a list of some of the general factors that are used to determine accident rates Car insurance:

• Age – According to statistics, drivers who are under 30 years are more likely to be involved in a car accident than other age groups. Therefore, the rates of accident car insurance for younger drivers are higher.
• Gender – similar in age, the statistics also show that men are more likely to be involved in a car accident than women. Therefore, men have higher rates for car insurance than women.
• Type of car – the more expensive the car is the higher the rate of car accident insurance will be. Repairs on expensive cars are more costly and have the highest risk of being stolen.
• Location – car accident insurance companies also consider where you live as well. This is because of the risk of increased traffic accidents in highly populated areas.
• Driving Pattern – The more a car is driven, the higher the rate of accidents and car insurance.

What to do after a car accident? Here is a guide of what should do after a car accident:

• Contact your insurance company as soon as possible. There may be a time limit when you can inform the insurance company. Better to be safe.
• Review your insurance coverage.
• Report the incident and obtain a copy of the police report.
• See a doctor and get treated. Obtain a copy of medical records related to your injury.
• Do not make statements to insurance companies, without a lawyer.
• Consult a personal injury attorney to help you get the best from the accident insurance company car.

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legal 1/14/2020 33.) Wrongful Death – gtg

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

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

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

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

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

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

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The Daunting Challenges Posed by Medical Malpractice Wrongful Death Civil Actions

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

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

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

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

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

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

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

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

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

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

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Texas Statute of Limitations in Wrongful Death Legal Actions

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

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

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

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

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

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

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

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

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

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Our Wrongful Death Attorneys Are Waiting to Help You – Now

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

When the Defendants or Their Negligence Were Unknown

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

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

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

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

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

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

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

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

Getting Past the Opposition to win Your Damage Case or Claim

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

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

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

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

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

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

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

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

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