4/14/19 legal – gtg

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Our experienced personal injury and accident trial lawyers represent clients injured in car accidents, truck accidents, motorcycle accidents, and boating accidents who live in Texas. If you have been involved in a crash or accident, we can help you. It is important that you speak with an experienced attorney before you speak with an insurance claims adjuster. Our lawyers are experienced in litigating cases involving SUV rollover, airbag injuries, rear-end collision, drunk driving accidents, car rollovers, product liability, and truck accidents. Our law firm can help you recover compensation in cases of: auto accident, motorcycle accident, bicycle accident, wave runner accident, personal watercraft accident and swimming pool accidents.

Our law firm services the legal needs of clients through out the state. If an insurance company has sent you forms to fill out after an accident call our attorneys today. Our attorneys will aggressively handle your accident claim to ensure that you are monetarily compensated for your injuries. They will not accept a settlement when a trial of the claim will produce a better result. Our trial lawyers help clients receive the compensation they need.

Our law firm does not collect a fee unless we recover compensation for you. Consultations with our trial lawyers are always free. Our experienced lawyers are available to meet 24 hours per day, 7 days per week. to discuss your claim. Our lawyers are also experienced in construction defect, accidental death, car crashes, truck and tractor trailer accidents. We will aggressively pursue crime victims cases, including rape, molestation by teacher, as well as medical malpractice, stun gun death cases, trip and fall, accidental shootings, bus injuries, gun violence, negligent security, sexual assault, pool drowning, hazing and scooter crashes. Contact us today for a free consultation.

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When people are injured or when someone has died in a car accident due to the negligence of another driver, the negligent driver is responsible to compensate the victim or family in a personal injury or wrongful death cause of action.

Liability Insurance
Most often, an insurance company is standing behind the defendant in a lawsuit arising out of an automobile accident. This is both good and bad for the plaintiff. It is good in the sense that the object of liability insurance is to pay for just such injuries and property damage, and settling a claim with the insurance company should be fairly straightforward. On the down side, however, is the fact that insurance companies are financially motivated not to pay claims unless they have to, and in that case to pay as little as they can. To that end, insurance companies use their vast financial resources to employ claims adjusters and attorneys whose job is to limit the company’s exposure to third parties. When dealing with an insurance company on a claim, it is often advisable to retain an experienced trial attorney who can level the playing field between you and the corporate giant.

All states require drivers to carry some form of liability insurance or proof of financial responsibility in the event of an accident. The minimum amounts of liability vary from state to state, but hover around $30,000 for personal injuries and $25,000 for property damage. People wanting to avoid personal liability over the policy limits may pay extra premiums to carry liability up to $100,000 or more. Regardless of these laws, however, as many as ten to twenty percent of drivers on the road do not maintain any form of insurance.

Uninsured and Underinsured Motorist Coverage
The easiest remedy against an uninsured motorist is to carry uninsured motorist (UM) coverage under your own insurance policy. With UM coverage, your own company will pay you when you are injured by an uninsured motorist. Underinsured motorist (UIM) is companion coverage that will compensate you when your injuries exceed the other driver’s liability limits, to the extent the limits on your policy are greater than the negligent driver’s. State laws require insurance companies to offer UM/UIM coverage, but drivers are not necessarily required to carry it. Many drivers decline this coverage to save money on their premiums or because they do not understand the purpose of such coverage, but given the percentage of uninsured drivers on the road, it makes good sense to make UM part of your coverage.

No-Fault Insurance
Some state systems provide that your own insurance company will compensate you anytime you are injured in a covered incident, regardless of who is at fault. However, the policy limits under this system are generally low and only cover certain expenses, leaving you to sue the negligent driver directly to obtain a maximum recovery. When suing the negligent driver, whether under a no-fault system or because the driver was uninsured, you are left with the possibility of obtaining a judgment yet not being able to collect on it because the defendant does not have money or property to satisfy the judgment. Experienced attorneys know the many devices available to collect what they can, but some defendants are simply “judgment-proof” due to their low level of assets.

Contributory Negligence
Contributory negligence is a defense which holds that a plaintiff whose own negligence contributed to an accident or injury cannot recover from a negligent defendant who caused the accident. Most states have abandoned this rule in favor of some form of comparative fault. In states with pure comparative negligence laws, a plaintiff may recover against a negligent defendant for that portion of the defendant’s responsibility, even if the plaintiff was more negligent than the defendant. In other states, the plaintiff can only recover if they were less negligent than the defendant, or when the negligence of the plaintiff is less than or equal to the defendant’s comparative fault.

An experienced trial attorney will investigate each case individually and determine the proper responsible party, whether it is a maker of a defective automobile or component part, a negligent driver or an insurance company. Effective trial lawyers possess the skills to negotiate a favorable settlement with the insurance company, backed by the ability and willingness to take a case to trial where necessary.

Our attorneys have represented plaintiffs in car accident cases across the country for over 20 years. If you are the victim of serious personal injury from a motor vehicle accident, or if a loved one suffered a wrongful death at the hands of a negligent driver or defective automobile, contact our office to consult with an experienced attorney.

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Class Actions
A class action is a process for resolving lawsuits where multiple plaintiffs have experienced the same or similar injuries from a defendant, and is appropriate in many cases where a group of people are injured in the same event, such as when an automobile collides with a bus, or when a defective product enters the marketplace.  Particularly when dealing with a defective product, these injuries may extend into the hundreds or even thousands before the product is removed from the marketplace.  Rather than forcing the defendant to litigate the same claims over and over again, or clogging up the courts with multiple lawsuits, all of these cases can be combined into one class action and resolved in one trial. Class actions are time and resource-intensive endeavors, requiring a great deal of work on the part of the legal team.  Even though the factual and legal issues of each separate case are similar in a class action, the litigation is still quite complex compared to a case involving a single plaintiff and a single defendant arising out of a single incident. 

Opt-Out Option
In most cases, potential members of the class are notified of the pending lawsuit and given the opportunity to opt out of the class action, meaning that they will receive no part of the settlement, but they retain the right to sue on their own.  Those that sue on their own, however, have to go through the time, effort, and expense of a lawsuit, usually against a much larger party with superior financial resources.  To join the class action on the other hand, the member must only wait for his or her share of the settlement. While the class action is a boon for the efficient administration of justice, it is not always the best choice for an injured individual.  If your particular injuries are more serious than those of the average class member, your share of the settlement may not fully compensate you for the damages you have suffered.  In fact, the amount an injured plaintiff receives in a class action settlement may only be a fraction of what he or she would receive if victorious in a single-plaintiff lawsuit.  Additionally, the particular facts and circumstances of your case may make it more advantageous to file your own lawsuit.  These matters should be discussed with a qualified attorney before accepting or rejecting membership in a class action lawsuit.

Our attorneys can help you evaluate your case and determine whether you should join a class action or opt out and file your own lawsuit.  Where a class action is appropriate, we can work to have a class certified and litigate the case with you as lead plaintiff.  If you have received notice of a proposed class action, or have been injured in an accident that may involve multiple plaintiffs, contact our office for a free consultation to discuss how best to proceed.

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Defective & Dangerous Drugs Information Center

Our firm represents those who have been seriously injured or who have lost a loved one due to the use of a dangerous or defective drug. Our office represents clients nationwide, who have been injured or suffered a death in the family due to the negligence or callous disregard of the pharmaceutical industry.

The U.S. pharmaceutical industry is an enormous enterprise, generating over $300 Billion a year in revenues from thousands of drugs. Some of the biggest profits are made from new drugs, which are heavily marketed in the mass media and the doctor’s office. When new drugs are brought to market without adequate testing for side effects or dangers from prolonged use, the results can be disastrous. Sometimes drugs are marketed for off-label uses not approved by the Food and Drug Administration (FDA), which results in dangers that government regulators never even had a chance to evaluate.

When the drug companies put profits over safety, patients lose. Our mission is to hold pharmaceutical giants accountable, to put the safety of patients first, and to assist victims in obtaining the compensation they deserve. With over 75 years of combined legal experience, and over half a billion dollars in verdicts and settlements obtained on behalf of our clients, our attorneys have the knowledge, skill and experience to hold the manufacturers responsible and obtain a financial recovery that fully compensates you for your losses.

It may be difficult to know if the ill effects you are experiencing are a result of dangerous or defective drugs. Our office can help you determine if you have a claim. Our attorneys will work with you and a team of experts to determine if a dangerous drug caused your injuries and determine a fair amount of damages.

If you believe that you or a loved one has been seriously injured from a prescription drug, over-the-counter medicine, or medical device, contact call us for a free consultation.

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Defective Child Seats

Child safety seats are an effective means for keeping children safe from serious injury in the event of an accident. In recent years, state legislatures have been pro-active in mandating child safety seats for all children up to a certain age (usually 8) and/or height requirement (usually 4’9″). State laws have also been vigilant about requiring that car seats be properly installed, and many safety checkpoints have been established to inspect car seat installations and instruct parents on proper installation.

What remains missing, however, is a regulatory scheme holding child safety seat manufacturers to the same kinds of standards that automobile manufacturers are held to. Despite parents’ diligence in purchasing and installing car seats for their children, dangerous designs and faulty manufactures continue to persist. Once again, manufacturers cutting costs in the design, testing, and manufacturing stages has produced needless and tragic outcomes.

Consumers have options to help protect themselves from danger. When buying a child safety seat, it can be registered with the manufacturer or with the U.S. Department of Transportation, National Highway Traffic Safety Administration (NHTSA). Registering the car seat will help to ensure that the owner is promptly notified in the event of a safety recall of the car seat.

The wide diversity in the marketplace of car seat manufacturers, styles and designs presents a bewildering array of installation issues to confuse parents and child care providers. In fact, the NHTSA estimates that 3 out of 4 car seats may not be installed properly. Car seat owners can have their child safety seats inspected at a child safety seat inspection station to help ensure the seat is safely installed.

Sadly, despite parents’ best efforts to provide the utmost safety for their children, a defective car seat may still fail at a critical moment, causing serious injury or death. In the event such a tragedy occurs, the manufacturer responsible needs to be held accountable and forced to change its design or manufacturing process, so that this tragedy cannot be repeated.

The experienced product liability lawyers in our firm have the knowledge and skill necessary to litigate claims arising out of defective products and automobile accidents, including those involving child safety seats. If a child in your family has been injured as a result of a defective child safety seat, contact the attorneys in our firm for a free consultation.

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Defective Tires

On average, the federal government issues about three tire recalls a month. On a voluntary basis, manufacturers themselves issue even more recalls. The National Highway Traffic Safety Administration Office of Defects Investigation maintains a recall database listing over 280 different tire manufacturers, with each manufacturer responsible for many different tire lines, sometimes as many as sixty, illustrating the sheer number of defective or dangerous tires that may be on the road at any given time.

Unfortunately, manufacturing defects are often hidden until the moment when a tire actually fails. Tire failure can cause loss of vehicle control, leading to collisions with other vehicles, impacts with stationary objects, or rollovers, causing serious injury or even death.

Aged Tires
Tire manufacturers have known for decades that tires should not be used after six years, regardless of the tread wear. In fact, tires age while sitting on a shelf, and a “brand new” tire that has never been sold or used before may still be too dangerous to install on a vehicle. While consumers may remain unaware of the shelf life of tires, retailers know the age of a tire from the manufacture date encoded on the tire.

Retailers should not be selling used tires that are beyond their safe life, regardless of their condition, even if they are only selling them to be used as spares. Nevertheless, this practice continues every day across the United States. If an improperly sold tire causes an accident, the victim may be entitled to receive compensation for his or her damages from the negligent retailer.

The personal injury trial attorneys in our firm have helped people nationwide in personal injury and wrongful death lawsuits arising from defective products, including faulty and defective tires. If you or someone you love has been injured in an automobile accident, contact the products liability lawyers in our firm today to help evaluate whether a defective tire may have been responsible for your injury.

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Rollovers

Vehicle rollovers happen in only a small fraction of all serious accidents, yet they are responsible for nearly one-third of accident-related fatalities. Two types of design flaws usually contribute to the devastating injuries brought on when a car rolls over. The first flaw is faulty design, usually in the suspension; the second is a poorly designed roof that crushes on impact, causing serious harm in nearly every instance of a rollover.

The decision of some automakers to weigh profit margins more heavily than human safety appears to be responsible for many of these devastating accidents. Electronic stability control (ESC) is an existing technology that minimizes loss of control and could prevent most rollovers, yet it is still not installed in many vehicles. Moreover, car makers regularly cut costs on materials in the roof to save money, making them more likely to crush the occupants in a rollover. Manufacturers of taller, top-heavy vehicles, such as trucks, vans, and SUVs, should be especially diligent in their design specifications regarding the possibility of a rollover, and manufacture the cabin to protect the occupants in the event of such an accident.

While tire failure or defective tires do indeed cause accidents, they should not cause a rollover. It is true that on a sharp turn, automobiles with a high center of gravity can “trip” over themselves, when the tire deforms and the rim hits the pavement, causing a rollover. However, this can happen with healthy tires, and is a defect in the overall design of the automobile and not the manufacturing of a particular tire. If the right type of tire is on your vehicle, a rollover should not occur. For this reason, it is important to maintain the right type of tires; an expensive, “high-performance” tire may be marketed to make your vehicle more “sporty,” but it may not be the safest choice.

The trial attorneys in our firm are familiar with virtually every type of rollover accident, and handle cases stemming from side-impact, sharp turn, head-on, or rear-end accidents which can cause serious personal injuries or wrongful deaths. If you or a loved one has been involved in one of these devastating tragedies, contact the lawyers in our office today for a free consultation to discuss your case.

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Trucking Accidents Information Center

Each year there are more than 3,000 deaths and more than 30,000 injuries resulting from accidents involving semi-trucks and other commercial vehicles. Our Trucking Accident Attorneys represent clients nationwide. If you have been injured or have lost a loved one in an accident involving a large truck or commercial vehicle, contact one of our truck accident lawyers for help.

The firm has successfully obtained seven-figure and eight-figure verdicts and settlements for truck accident victims and their families, including clients injured in collisions involving commercial trucks, including:

18-wheelers
Semi-Trucks
Tractor Trailers
Commercial Vehicles

Because of the large size of trucks and the significant size difference between trucks and other vehicles on the road, trucking accidents can involve catastrophic injuries. Trucking accidents can be caused by many different factors including, but not limited to:

Defects in the Truck
Unqualified Truck Drivers
Fatigued Truck Drivers
Faulty Equipment and Maintenance
Overloaded Trailers

How Our Trucking Accident Attorneys Help

Trucking companies must be held accountable when they cut corners on training, maintenance, and safety. Trucking companies and truck drivers should not be permitted to put profit over safety. With over 75 years of combined litigation and practice experience, our trucking accident attorneys have the knowledge, experience and skills to hold trucking companies accountable and successfully resolve any trucking accident case.

Our founding partners are recognized as two of the best trial attorneys in the United States. We have the ability and financial strength to successfully take on the largest corporations in the world, including trucking companies, auto manufacturers and insurance companies, and have verdicts and settlements for our clients of more than half a billion dollars.

If you or a loved one has been injured in a truck accident, contact our office for a free initial consultation. Call to speak to one of our trucking accident attorneys.

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Wrongful Death

When people are harmed due to the negligence or wrongful acts of another party, the injured party has a right to recover for the damages caused. Normally, these damages are classified as either economic or non-economic. Economic damages include items such as medical expenses and lost wages from missed work, while non-economic damages compensate for the less tangible aspects of an injury, such as pain and suffering and emotional distress.
However, when a person is killed in an accident rather than injured, a family member can usually bring a wrongful death action against the party responsible for the accident. Known as a wrongful death action, these cases are similar to personal injury lawsuits, differing primarily in terms of the damages which can be recovered. In a wrongful death case, recoverable damages are those suffered not by the decedent, but by the person bringing the lawsuit. Damages can include the following:

Funeral and burial expenses
Loss of financial support that the decedent would have provided
Loss of gifts or other benefits the decedent would have given
The value of services the decedent would have contributed to the household

Likewise, examples of non-economic damages personal to the plaintiff include:
Loss of society, companionship, and comfort
Loss of marital relations
Loss of training and guidance

Wrongful death actions are creatures of statute, and are therefore governed by state law. The precise nature of allowable damages differ from state to state, as do other matters such as which family members are entitled to bring a suit, and the time frame within which a lawsuit may be brought, known as the statute of limitations. An experienced trial attorney will be sensitive to these distinctions, and advise you on the specific rules governing a wrongful death action in your particular jurisdiction.

Survival Actions

When a person injured in an accident dies within the limitations period but before filing suit, or began a lawsuit but did not live to see a settlement or verdict, a personal representative of the deceased may pursue a survival action on his or her behalf. In these instances, the damages sought are those which were personal to the decedent, such as medical expenses. When undertaken, survival actions are often coupled with wrongful death actions, enabling a maximum recovery for the victim and his or her family.

Our skilled and knowledgeable trial lawyers have served clients across the country in personal injury and wrongful death actions arising from automobile accidents and product liability matters. If you have lost a loved one due to the negligence or wrongful acts of another party, contact our office today for a free initial consultation.

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Construction site accidents come from many different sectors of the industry, and often result in severe personal injury such as spinal cord injury, traumatic brain injury, quadriplegia, paraplegia, fractured necks, back, bones and death. Due to the severe nature of such injuries, construction site accidents are often the subject of personal injury lawsuits and litigation. Some of the most common types of accidents involve scaffolding, cranes, moving machine parts, hazardous chemicals, and unsafe working conditions in general. Construction workers are faced with a wider variety of dangers and face a heightened risk of work-related injury or fatality than employees in any other U.S. industry. According to the most recent annual Bureau of Labor Statistics data, the most recent “lost-workday” case rate for the construction industry was 5.7 per l00 full-time workers, the highest of the major economic sectors. The Bureau of Labor Statistic reports that for the past ten years, 9605 people have died in construction-related accidents. Almost half of these deaths are attributed to males between the ages of 20-24. In 2018, more than half of the construction accident deaths (544) occurred within this age segment. If you are your loved one has been injured and lost their life in a construction site accident, please contact our office for a free consultation.

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“I was in a pedestrian accident and I have a lot of questions. Where can I get answers?

Fortunately, you’ve come to the right place!

If you have questions about pedestrian accidents, we have the answers you’re looking for.

Why is an attorney necessary after a pedestrian accident?

Too many cases are lost because pedestrians decided to take matters into their own hands and pursue their cases without the help of an attorney. Your attorney understands the law and knows how to take action to get you a settlement that’s fair for your case. If you decide to attempt to represent yourself, you could lose thousands of dollars.

I got hit by a car and need help. Can I sue for my injuries?

Yes, you can sue for your injuries. However, you will need to make sure you follow the proper steps after being in a pedestrian accident. Follow up with a doctor immediately and contact a lawyer to assist you with your case.

I got hit by a car on private property. Do I have a case?

Whether or not you are on private property, you may still have a legal case if you’re hit by a car. Private property does not exempt a driver from being held responsible for your injuries if he hits you.

My son was hit by a car. What should I do?

If your child is hit by a car, your first course of action should be to get him the medical attention he needs. Nothing is as important as his/her health, and there could be internal damage that you’re not aware of. If paramedics do not arrive on the scene, take him/her to the nearest emergency room and have them evaluated. Also, make sure the police complete a full police report about what happened. You will need that documentation for your legal case against the driver who hit your child. Once you’ve done these two steps, contact an attorney to talk about your case and your legal options.

I was hit by a car. How do I file a claim?

The best way to file a claim when you’ve been hit by a car is to talk with a lawyer who has experience working with pedestrian accidents. You will need to gather some important documents to bring with you to your consultation, such as the police report from the accident, the driver’s insurance and contact information, if you have it, and any other documentation.

My dad was hit by a car and he died. What lawyer can I use?

Losing a member of your family in a tragic pedestrian accident is heartbreaking and those types of losses result in a lot of grief. You deserve to be compensated for that loss. A personal injury attorney will be able to advise you about the right type of lawyer for you.

I got hit by a car years ago. Can I still sue?

The statute of limitations is different for every state with regard to pedestrian accidents. In your state, you might have a limit of six months, two years or even longer. The best thing to do is talk with a lawyer and find out what the laws are for your state. He will be able to advise you about how you should proceed.

If you get hit by a car, can you sue if there are no injuries?

Just because there are no immediate injuries after you’ve been hit by a car, that doesn’t mean that you weren’t hurt. Some injuries can take days, weeks or even months to show up. Others aren’t immediately apparent because of the rush of adrenaline that’s often experienced after an accident. Talk to a lawyer to determine what you should do for your particular case. You may still be able to sue.

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