Have You Lost a Loved One Due to Negligence by Another? Speak With Our Experienced Texas Wrongful Death Lawyers
One of the most tragic experiences people must face is the loss of a loved one. Yet, when the loss is the result of another person’s negligence, the sting of the loss is amplified. During the period of grief, it is difficult to focus on anything other than the loss of the loved one. However, over time the sorrow begins to subside and the family’s thoughts may turn to unanswered questions about their loss.
The state of Texas allows those who have lost a loved one because of the actions of a third party to seek a wrongful death claim to compensate for the losses that were suffered as a result of that death. It makes no difference if the death was caused by negligence or recklessness, a defective product, or medical malpractice, legal action can be initiated. The individual allowed to bring a legal action is defined by state law. Some states only allow the spouse and children to file a wrongful death claim while some permit grandparents and other relatives to bring a lawsuit against the liable party. Additionally, some restrictions have been put in place by states that prevent one family member from suing another family member for the wrongful death of a third family member.
Is Filing a Wrongful Death Lawsuit the Right Thing to Do?
In many instances, bereaved families who have suffered the loss of a loved one through the negligence of another are too distraught to consider the idea of filing a wrongful death lawsuit. They may feel that it is not worth the effort because it will not bring their loved one back. However, they may not be aware that filing a wrongful death lawsuit is an available option. Nevertheless, there are significant reasons for a family member to consider bringing legal action. These reasons include:
Bringing a wrongful death lawsuit serves to hold the responsible parties accountable for their actions or inactions that resulted in the death of their loved one.
The negligent party can be punished financially by the lawsuit with the goal of changing the party’s behavior so that similar accidents of this nature can be avoided.
A lawsuit allows the family to seek compensation in order to relieve the financial burden that often occurs after the loss of a loved one. The compensation is especially important when the loved one was the primary wage earner in the family.
When a Texas wrongful death attorney accepts your case, he has two goals in mind. First, he will put forth every effort to obtain fair compensation for your loss. Secondly, he will ensure that the liable parties are made to realize the consequences of their negligent behavior.
Although we have over twenty years of experience in the area of wrongful death litigation, we never lose sight of the fact that nothing will replace your loved one. However, it is our hope that you will allow us to use our expertise to help your family to recover from any financial loss that may have been incurred by the death of your loved one.
Wrongful Death Lawsuit Compensation
The primary goal of a wrongful death lawsuit is to obtain compensation for the damages the bereaved family has experienced as the result of losing their loved one. In wrongful death lawsuits, damages refer to the financial losses the family may have sustained. Wrongful death damages and survival damages are the two types of damages that may be sought from the defendant. It is very important that the sum of these two types of damages be included in the wrongful death lawsuit in order to receive fair and reasonable compensation from the responsible party.
Items related to the bereaved family members’ loss of their loved one are considered to be wrongful death damages. These damages can be sought by the loved one’s spouse, children, parents, or other dependents. There can be multiple parties seeking wrongful death damages in the same lawsuit.
Did You Know?
Our attorneys have been fighting for wrongful death victims` rights for over 30 years. Call us to discuss your case.
Wrongful death damages include:
Medical bills incurred before the death of the decedent
The monetary loss that was previously supplied by the decedent
Mental and emotional stress caused by the loss of a loved one
Loss of consortium is the loss of the unique love provided by only the decedent
Conversely, only the decedent’s closest living relative can seek survival damages. Survival damages can include damages the decedent would have incurred had he been able to survive the accident. In this scenario, both wrongful death and survival damages can be claimed by the same person just as long as the person is the decedent’s closest surviving relative. Further, only one person can seek survival damages. In these instances, the closest living relative is essentially taking the decedent’s place in the pursuit of survival damages. The order in which survival damages may be sought begins with the spouse followed by the children, parents, and siblings. Any or all of the following can comprise survival damages:
Medical costs before the decedent’s death
Property damage costs that may have been incurred
Loss of future earning capacity if the decedent had possibly suffered a long-term disability
The pain and suffering of the decedent
The decedent’s mental and emotional stress
To be sure that all plaintiffs are fully compensated for their loss, all the damages must be proven. When different plaintiffs are owed differing amounts of compensation, various legal strategies must be utilized in order to properly calculate compensation amounts. It is for this reason that legal representation of a highly skilled wrongful death attorney is sought. The Texas wrongful death attorneys possess the knowledge and experience to assist you with the task of ensuring that your family receives fair compensation for your loss.
When is the Right Time to Pursue a Texas Wrongful Death Lawsuit?
The merit of pursuing a wrongful death lawsuit can be quite difficult for the bereaved family to determine. A legitimate wrongful death lawsuit is based on four elements. These elements are:
The loved one was killed by the action or inaction of a liable party or parties.
The negligent action of the liable parties caused the fatal accident.
The decedent has surviving family members or beneficiaries that can seek wrongful death or survival damages.
Some type of financial loss has been incurred by the decedent or the surviving family members as a result of the accident.
If any of these elements are missing, a wrongful death lawsuit cannot be pursued. Should you be unsure of your situation in regard to these qualifications, you should contact our Texas wrongful death attorneys for a free consultation.
It is also important to know that you can seek a wrongful death lawsuit against a liable party even if that party is may be facing criminal charges related to the accident. In other words, if a driver becomes distracted and runs into a pedestrian that causes the pedestrian to die, the driver would most likely not face criminal charges. However, the pedestrian’s family could initiate a wrongful death lawsuit against the driver for his negligent actions that led to the pedestrian’s death. Alternatively, if the driver was drunk at the time of the accident, then it is highly likely that criminal charges would be filed.
In this situation, the decedent’s family could file a wrongful death lawsuit. In other instances when criminal charges are not filed against the liable party, a wrongful death civil suit is the only way to hold the liable party accountable for his negligent actions.
Challenges Encountered in the Pursuit of Texas Wrongful Death Lawsuits
As with everything, bringing a wrongful death lawsuit has its challenges. However, it should be remembered that there are differences between being surprised by the challenges and being prepared for them. With the extensive experience they possess, the wrongful death attorneys of our Law Firm are quite familiar with the issues that can arise in wrongful death lawsuits. This being the case, they can help you resolve these challenges so that your claim will not be denied or dismissed. To illustrate, wrongful death lawsuits are quite often worth a great deal of money. Consequently, the insurance adjusters and the attorneys for the defendant will use every strategy they know to exonerate themselves or the defendant. Simply put, they do not want to award such a large compensation amount that could significantly impact their bottom line. These individuals are more often concerned with their own financial interests than attempting to help the bereaved family through a very trying time. For this reason alone, having the assistance of an experienced Texas wrongful death attorney can be vitally important. To gain a successful outcome of your lawsuit, you must have an attorney that is completely familiar with the opposition’s strategies. Additionally, you need someone who can be aggressive when the situation dictates so that your rights can be protected. It is a known fact that the insurance adjusters and defense attorneys will be extremely qualified, experienced, and completely prepared to tackle your case. It only makes good sense for you to have legal representation that has the expertise to match that of the opposition before taking on these high-powered professionals.
Another challenge to overcome in preparing a successful wrongful death case is time itself. Crucial evidence can be removed, deleted, erased, or altered by those who do not want to be caught. With the passage of time, witnesses can be hard to track down. To overcome this obstacle, it is beneficial to obtain the legal representation of a highly experienced Texas wrongful death attorney as soon as possible after the death of a loved one. Once the attorney accepts the case, he will launch an exhaustive investigation into the accident and evidence will be obtained to build a substantial case on behalf of your loved one. In short, the best way to build a strong case is to contact a Texas wrongful death attorney right away.
When You Can Sue a Family Member for Wrongful Death
Some differences among the states exist concerning the circumstances in which family members may be sued for wrongful death actions. In some states, limited parental immunity exists for injuries resulting from a parent providing ordinary care to a child. Even in cases where state law permits one family member to be sued, that person can only be sued if he or she was negligent and responsible for causing a death. For example, if a woman was killed in a car accident in which her husband was driving, he could only be sued if he was at fault or found to be responsible for causing the accident. A wrongful death lawsuit asserts that the victim died as a result of negligence on the part of the person being sued and that the victim’s survivors are entitled to financial compensation as a result of that negligence.
This type of claim differs from a general negligence lawsuit, which is filed by the person injured for compensation. Originally, a wrongful death claim did not exist based upon the idea that the claim died with the victim. Consequently, there was no way to compensate the victim. Accordingly, the surviving family members were not allowed to claim damages from the individual who caused the victim’s death. However, over the years, wrongful death laws have been passed by the states that provide compensation to those who may have been damaged from the death of the decedent. Today, some form of a wrongful death claim action exists in all the states.
Although the state’s “wrongful death laws” were created independently of each other, they all follow the same basic principles. The elements of each claim include:
The death was caused, in whole or part, by the actions of the defendant
The defendant was negligent or liable for the victim’s death
There is a surviving spouse, children, beneficiaries, or dependents
Monetary damages have resulted from the victim’s death
Medical Malpractice Wrongful Death Lawsuits
Very often, medical malpractice cases are never filed due to the attachment patients have to their doctors. Patients place a huge amount of faith and trust in the doctor’s abilities and decision-making skills and patients don’t want to admit that an error on the part of the doctor accounts for their pain and suffering, or for the avoidable loss of a loved one. Since the primary role of doctors and other medical professionals is to work every day to save lives, many patients feel guilty about placing blame when something goes wrong. However, things do go wrong and when mistakes are made that can affect the rest of your life, you need to consult with a medical malpractice attorney.
Medical malpractice cases present specific challenges. For example, Texas medical malpractice tort reform has placed a limit on the amount of damages that you can receive for the loss of your loved one due to medical malpractice. In these situations, while working to hold the medical professional accountable for his actions, our firm will also be trying to identify the involvement of any other parties that might be responsible. This is done due to the fact that limits are not placed on the amount of compensation that can be received from other liable parties. Due to the amount of work involved in these types of wrongful death cases, many Texas attorneys choose not to accept medical malpractice claims. Medical malpractice attorneys with our Law Firms welcome the opportunity to work diligently so that you can be in a position to receive full and fair compensation for the loss of your loved one and so that similar instances of medical malpractice by the same negligent medical professional will not occur.
Types of Medical Malpractice Suits
As is commonly known, a large number of medical malpractice lawsuits are filed each year. Common types of medical malpractice exist and each of these is listed below.
Prescription Drug Errors: Prescription drug errors are one of the most common forms of medical malpractice. When a prescription drug error causes harm to a patient, a medical malpractice claim can be filed. A number of people can be liable in these types of cases. They include:
Doctors who prescribe medication
Healthcare or nursing staff who administer drugs
Pharmacists who fill prescriptions
Prescription drug companies, manufacturers, and marketers
These individuals and entities can be held liable for a number of mistakes or missteps, including:
Prescribing or administering the wrong medication.
Prescribing or administering the wrong dosage.
Failure to reasonably foresee detrimental complications, such as harmful drug interaction.
Manufacturing and marketing defective or unreasonably unsafe medications.
Writing illegible prescriptions that lead to patient harm.
Birth Defects Medical Malpractice: Any type of medical treatment provided by a healthcare professional before or during the birth process can lead to a medical malpractice claim if the care does not meet the accepted medical standards which result in harm to the baby and or the mother. However, it should be noted that harm to the baby or the mother does not automatically mean that medical malpractice has happened. The question of whether the doctor and other healthcare providers acted in a manner that was consistent with a reasonable level of care should be asked in order to determine if malpractice has occurred.
Some of the more common types of birth injury include:
Many other factors may cause injuries to the babies and their mothers during childbirth.
Forceps or vacuum used incorrectly
Doctor failure to prepare for danger in a higher-risk pregnancy
Prescribed medication put the mother or baby at unreasonable risk of harm
Inadequate monitoring of the baby’s condition
Doctor did not plan for a C-section when it was medically necessary to avoid harm
Surgical and Diagnostic Errors: Misdiagnosis, late diagnosis, or failure to diagnose are examples of diagnosis errors that can result in medical malpractice claims. Regarding surgical errors, medical malpractice can arise when a doctor, during surgery, inadvertently causes damage to an internal organ, blood vessel, or other body parts that results in severe injury or problems. There are times when these types of mistakes will not appear until weeks or months after the surgery.
Worker’s Comp Wrongful Death Lawsuits
When a worker is killed on the job, specific challenges can arise. If the worker’s employer is found liable for the accident and the employer is subscribed to worker’s compensation, then the bereaved family can seek compensation through the worker’s compensation process. Unfortunately, the amount of compensation is often is insufficient to cover the family’s financial losses. In these circumstances, the attorneys with our Law Firm will investigate the fatal workplace accident in an attempt to determine whether or not other liable parties, not protected by worker’s comp, were involved in the accident. If the worker’s comp employer was found to be grossly negligent in causing or contributing to a fatal on-the-job accident, then the worker’s comp policy no longer applies. As a result, a bereaved family can sue the employer. However, proving gross negligence on the part of the employer is not easy. It requires a high standard of proof that can show that the employer was aware that an accident could happen and did nothing to correct the situation. On the other hand, if the employer is not covered by worker’s compensation, a wrongful death lawsuit can be filed against the employer. In either situation, specific legal knowledge of complex Texas work injury laws is critical for a successful outcome of a worker’s comp wrongful death lawsuits is to be achieved. With a wealth of experience in both wrongful death and worker’s compensation cases, Texas wrongful death attorneys can assist the bereaved family to obtain justice against the employer and seek compensation from the liable parties.
Texas Wrongful Death Attorneys Can Help
Losing a loved one is a very traumatic event that comes to us all at one time or another. During these upsetting times, it seems that our minds are going in a thousand different directions all at once.
However, despite the fact that it feels as if our world has stopped, the rest of the world continues to move forward. There are so many pressing decisions that must be made that it is difficult to know what should be done first. We can help you during this emotionally frustrating time to seek justice from the responsible parties so that future fatal accidents can be avoided and the grief you are now experiencing will not be inflicted on other families. Our Texas wrongful death attorneys will diligently work to make sure that your family receives full compensation for your loss so that financial worries will not be added to your grief and sorrow. Having over two decades of experience in confronting veteran insurance adjusters, the attorneys with our Law Firm are capable of getting the adjusters to agree to a fair out-of-court settlement for your wrongful death case. In these situations, you are spared the time and expense of taking your claim to court. On the other hand, if a trial becomes necessary, you can rest assured that our attorneys are completely prepared to defend your loved one’s rights as well as your own in this setting. In situations where the defense attorneys attempt to place the blame for the accident on your loved one, our attorneys can take an aggressive stance against such a strategy.
If you are considering pursuing a wrongful death lawsuit against the parties liable for the death of your loved one and have any questions about the procedures involved, the merit of your case, etc., you may contact the Texas wrongful death attorneys with our Law Firm toll-free for a free and confidential legal consultation.
Who Is Entitled To Damages For Wrongful Death?
Losing a loved one is a heartbreaking experience, but it is significantly more painful when it could have been avoided. If someone you care about died because of the carelessness or maliciousness of someone else, don’t let your pain paralyze and stop you from pursuing justice. You may have legal grounds to seek compensation that will help you cope with your loss. If you partner with an injury attorney at Our Firm, you can count on compassionate, dedicated legal representation. We will stand by you every step of the way and faithfully pursue the best possible outcome for your case.
Wrongful death is one caused by the negligence or malice of another party, such as a defective product that malfunctions or intentionally giving someone the wrong medication. In our state, the spouse of a deceased person may file a wrongful death claim. If there is no spouse, the children can pursue compensation. In cases where there are no children or a spouse, any living parent of the deceased person may file a claim. Beyond that, the deceased’s estate administrator is entitled to recover for wrongful death. If a husband or wife can prove the wrongful death of his or her spouse, he or she is generally guaranteed at least one-third of any damages. Damages may include medical or funeral costs, pain and suffering, loss of future wages, emotional distress, loss of inheritance for children, and more.
Because state law places a statute of limitations on the time period during which a wrongful death claim may be filed, it is important to act quickly. We know it can be overwhelming to consider legal action after the tragic death of a loved one, but it is important to know whether or not you are entitled to compensation. We want to help bring justice to your case so you can get what you deserve and start rebuilding your life. Give us a call today. We won’t charge you anything unless we win your case.
How Do I Prove That My Doctor Was Negligent?
In order to prove that a doctor’s negligence caused you harm, you will need to first demonstrate that the doctor had a responsibility to provide you with a reasonable standard of medical care. Then, you have to prove that he or she failed to fulfill that responsibility, leading to your injuries. The burden of this kind of proof requires the experience of a personal injury attorney with a clear understanding of medical malpractice cases. What counts as a “reasonable standard of care” can vary in different jurisdictions and may appear somewhat subjective, with various experts offering conflicting opinions.
It is necessary to prove that your doctor was negligent in that he or she acted differently than other medical professionals in the same situation would have acted. Then, you will have to illustrate how that difference in behavior resulted in harm to you. Often times this requires the help of health care professionals and other experts who can describe what a reasonable standard of care is, and how your doctor failed to provide it. These medical experts can testify in your case to give facts about how such negligence on the part of your doctor caused your injuries. Both of these steps are nearly impossible without the help of a lawyer who has the resources to locate independent physicians and gain their expert testimony.
Upon hiring our firm, our team will initiate its own investigation on your behalf, searching for evidence to prove the negligence of your doctor and why that entitles you to compensation. This compensation can include damages for lost wages, medical expenses, pain and suffering, and more. Our team includes lawyers with more than two decades of experience and a registered nurse who serves as a medical consultant. This level of knowledge is unparalleled at other firms and is your best chance for fair compensation for your case. Let us help you get what you deserve so you can move on with your life.
Start your free case evaluation now by contacting us today for more information.
The Insurance Company Denied My Claim. What Now?
If an insurance company, whether it is your provider or the provider of someone who caused you harm, denies your claim, it could be failing to fulfill its legal obligations. This is often called acting in “bad faith,” and you have the right to challenge the insurance company in such a scenario. Speaking with a knowledgeable injury attorney is a good place to start so you can find out what options are available to you. An insurance provider is legally and ethically responsible for settling claims fairly with those who have purchased a policy that offers such protection. This includes the responsibility for the company to pay out compensation to a victim who was harmed by the negligence of a person it insures.
If an insurance company is limiting your ability to pursue a claim or is refusing to give you specific reasons for denying a claim, it may be sidestepping its legal responsibilities. The first thing you should do is contact the insurance adjuster and explain why you believe you’ve been denied in bad faith. You may get him or her to pay attention if he or she knows you understand this concept. If you still cannot get the help or information you deserve, write an accusation of bad faith letter to the insurance company and use the name of the adjuster involved with your case. A letter like this may quickly change the company’s stance on your situation.
If these steps do not work, it is time to speak with one of our attorneys. If we can prove that the insurance company denied your claim in bad faith, we can likely earn you compensation well above the original amount of your claim. The insurance provider may wish to instead negotiate a settlement to avoid a fight in court, in which case you are likely to receive fair compensation for your claim and possibly any additional costs you incurred related to your case. Our team has tried more than 40 cases to jury verdict. We will aggressively fight for your rights no matter what the challenges, and we will do so at no cost to you unless we win.
For more information about how an injury lawyer can help you, please contact our office.
Semi-Truck Accident Lawyers Online Resources
Semi-truck accident lawyers and victims of semi-truck accidents will find the following sites helpful when researching semi truck accidents.
AAA Foundation for Traffic Safety – Article highlighting ways to avoid semi-truck accidents.
American Trucking Association – Important resource for semi-truck drivers.
Citizens for Reliable and Safe Highways – Private group with information regarding semi-truck accidents.
Commercial Vehicle Safety Alliance – Lobbyist organization promoting semi-truck accident safety.
Federal Highway Administration – Government body regulating highway laws.
Federal Motor Carrier Safety Administration – Outline of various government projects for semi-truck accident prevention.
Share the Road Safely – Government website dedicated to educating drivers on how to avoid semi-truck accidents.
Transportation Safety Institute – Includes several articles concerning semi-truck accidents.
If you or a loved one has suffered an injury or death as a result of a semi-truck accident, call the semi-truck accident lawyers of our Law Firm a free online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, meaning we are paid for our services only if, and when, there is a money recovery for you. In many cases, a lawsuit must be filed before an applicable expiration date known as a statute of limitations. Please call our semi-truck accident attorneys right away to ensure you do not waive your right to possible compensation.
Things You Need To Know About Hiring A Lawyer
Whenever you find yourself having to go to court, you likely need someone who can represent you properly. It may not be a pleasant or quick process, but you will need professional advice in order to come out on top. By using the advice in this article, you will be able to make better decisions in your ongoing legal issues.
If there is a lawyer that’s looking for you to hire them and you didn’t ask them to, stay away from them. This sort of situation is generally a scam. This is especially true if the situation in which you are embroiled will tend to cost a great deal of money. Do your research and create a short list before approaching anyone.
A good criterion in choosing a lawyer is how accessible he is on a normal day. Many people feel that it is difficult to stay in touch with lawyers. If your lawyer is out of pocket, you could be left in a quandary.
Even though hiring a lawyer can seem pricey, it could actually end up saving you money in the long run. It is always a good idea to do your research before you hire a lawyer to find one that you can afford.
Although you should always be mindful of any advice provided by your lawyer, understand that this person works for you, not the other way around. Speak up if there is something your lawyer wants or says that makes you uncomfortable. Remember that your lawyer has a lot of cases. However, he or she is always on your side.
Never feel that your questions are too small to ask your lawyer. If you have chosen a good and fair lawyer, he will understand your anxieties and will take the time to explain how things work and how they are progressing. Hire another lawyer if yours is not accommodating enough of your questions.
Before signing contracts, be sure the lawyer has won some cases that are similar to yours. The fact that an attorney specializes in handling cases like the one you have does not guarantee he will win yours. If you can not find this information online, the lawyer should be willing and able to provide it to you.
Always work with a trustworthy lawyer. Especially if the lawyer you are looking for is for your professional matters or business. Make sure to protect yourself if there is documentation. You leave yourself in their hands. Keep your guard up at all times.
If you need a lawyer, you should choose the one you can easily communicate with. Make sure your lawyer has everything needed to work on your case, especially if there are imminent deadlines. Your lawyer will be able to prepare a better defense if you share new details regularly.
When searching out legal representation, be sure that you find a lawyer who specializes in your type of case. You can find a lawyer for just about any specialty. Some examples are estate law, criminal law, and more. Get the right lawyer the first time, so you don’t have to make changes to your team later on.
Try to get the vibe of the lawyer’s office when you walk in. When you contact the office, observe how fast your message is returned, and see if the receptionist is friendly. If you do not get a return call for a long time, take this as a clue as to how you would be treated if you were their client.
If you’re going to speak to a lawyer and they tell you that they’ll win your case no matter what, it’s probably best to leave. There are no ways to guarantee an outcome, and if a lawyer tries to tell you he can, then he is being more a salesman than a lawyer. Use this as a warning sign for hiring lawyers.
Show up for your consultation prepared. They get hourly compensation. Therefore, every time you call, you’re being charged. You will spend less and have a resolution if you properly prepare yourself prior to meeting with them.
A legal entanglement is never good. Legal issues can often take a turn for the worse when you don’t have competent representation. However, you should be far better informed about what is going to occur and how to get a positive outcome to your case.
Things To Think About When Looking For A Lawyer
Do you need a lawyer? Regardless of your situation, you need to understand that dealing with lawyers can be very expensive and stressful. Soon, you’ll have the information you need to choose the right lawyer. Keep reading for invaluable tips that you can not afford to miss.
Do not hire a lawyer that is searching for you. Lawyers who have to reach out to potential clients usually lack the qualifications needed or might even run scams. Hire someone you find on your own.
If you are involved in a legal matter concerning real estate, whether you rent or own, you should hire a lawyer who specializes in real estate. Having the right lawyer means your case will be managed quickly, well, and probably successfully.
You should not choose the first affordable lawyer you find in the local yellow pages. Do some background research and ask people you know for recommendations. I took the lawyer my real estate agent offered me when buying my first home, and it turned out she’d lost her license for malpractice! Be cautious!
Be skeptical if a lawyer wants you to pay a sizable retainer in order to take your case. Make sure they’ll refund any money not used. You’re probably better off shopping around for lawyers whose retainer fees aren’t quite so large.
When choosing a lawyer, check into their reputation thoroughly. When you consult both the bar association and online testimonials and reviews, you will be able to easily decide whether or not to hire a particular lawyer. This can save you a good deal of money, time, and stress.
Establish a fee arrangement with your attorney right up front, before they start working for you. This will alleviate your worries about fees and allow you to focus on your case. This helps you better regulate your finances as well.
If you need a lawyer, choose one who specializes in the issue you are dealing with. You can find a lawyer for just about any specialty. Some examples are estate law, criminal law, and more. Knowing this beforehand and researching your options can help save you much time later.
You should feel entirely comfortable with the lawyer who takes your case. Good lawyers aren’t just knowledgeable and intelligent, but they have good people skills and can make you feel comfortable upon entering their office. If you don’t have a lawyer that’s doing this, you need to locate a different one as soon as possible.
Be realistic and understand that there is only so much that a lawyer can do for you. Typically, a lawyer who says he will win your case, without a doubt, is a liar. So, stay away from that attorney. As far as the law goes, nothing can be promised, so never believe a lawyer who says he is always successful.
If you go to your initial consultation with a lawyer and he makes any guarantees of victory, the best thing that you can do is leave. There aren’t any guarantees when it comes to the legal system. This is something that should be a red flag for you.
There are lawyers who specialize in Workers’ comp. Laws are different in each state and you might have to show different proofs. Worker’s Comp is different from all other claims and thus should be approached so. There will inevitably be varied standards that must be met.
Of course, your case is very important to you. However, it is unlikely to be earth-shattering to your lawyer. In fact, your attorney may have other cases that are more pressing than yours. Do not call your lawyer constantly but consider finding another lawyer who is less busy if you feel like your lawyer is not giving you the attention you need.
The lawyer will have malpractice insurance for dealing with those issues where they aren’t following the law completely. Because they want their premiums to stay low, they will surely try to handle your case properly and ethically. Keep the faith that your lawyer has only your best interest in mind.
Look around the law office when you go for your consultation. Are his bookshelves organized? Is there a mound of paperwork piling up on their desk? Is the lawyer’s office professional and welcoming? Remember, you pay for their time, including the time it might take to straighten out any chaos they’ve created.
Honesty is key when dealing with your lawyer. Don’t leave anything out. Your lawyer needs that information to build a good case. The lawyer can’t share what they’re told, so remember this.
Sometimes, a lawyer is a necessity. Included in this are situations in which you might be accused of a crime, charged with driving while intoxicated, or included in a lawsuit. You must make contact quickly so the lawyer can start interviewing witnesses and getting together the evidence. These are time-consuming activities.
Agree on what you’ll pay before hiring a lawyer. Be certain you are clear about payment. Many lawyers will wait until after settlement for payment. If you happen to lose the case, ask about how attorney payments could be spread out over time.
Make a list of questions to ask your short list of lawyer options. You can ask these questions by calling different offices or do it in person at the actual office. Make sure there is no consultation fee before going in for your meeting.
There are many different kinds of legal issues, so it is vital that you choose one that fits your unique situation. Use these tips to easily find a lawyer. You don’t want to make a mistake that could cost you dearly later on.
Better Handle Your Experience With Lawyer By Using These Tips
Just because someone graduated from law school, doesn’t automatically make him competent. Read this article to learn how to choose the right type of lawyer for your situation. You’ll be thankful you did.
Talk to a lawyer about their history. Not all practicing lawyers are successful. An attorney may have a valid license, but not be very good. Research his record to be assured he will do the job well.
If a lawyer is desperate for you, then don’t hire them. Typically, these are scams that can financially hurt you. Spend some time researching lawyers and get the very best one you can.
Consider having a lawyer on retainer to prepare for the worst before it happens. This will allow you not to be under too much pressure so you’re able to take some time when you’re looking for a trustworthy lawyer. A retained lawyer will also be able to answer any questions that come up throughout your life.
You need to touch base with your lawyer on a specific schedule. Lawyers often disappear for long periods. Making your expectations known from the start will prevent this problem.
Having an open line of communication with your lawyer is very important. If you have deadlines with regard to your case, you need to supply your lawyer with all the necessary information that is needed. Your lawyer will be able to prepare a better defense if you share new details regularly.
Your case may languish if your attorney is busy with some other cases. Ask the lawyer directly to see if he has time to handle your case. They should be honest about their schedule so you can find a lawyer who has the time you need to get the job done.
Good chemistry and communication with your attorney are critical to a great working relationship. If you don’t like your lawyer’s personality, it only makes things harder. Find a lawyer that has a personality that works well with your personality.
Know your case inside and out before hiring an attorney. If you’re not sure about what you need from a lawyer, how are you going to locate one that is knowledgeable about a case such as yours? Do a little homework on your situation. This will ensure you make the right decisions going forward.
When a loved one dies it can leave you with a mess of bills and paperwork. Worker’s compensation not only protects the worker but also protects the immediate family. Having a lawyer can make the whole claims filing process so much easier. They know exactly how to help you.
Look into legal aid if money concerns you. Offices of legal aid can recommend lawyers who will offer “pro bono” services. Lawyers often dedicate time to work on cases for those who can not afford legal representation but are in great need of it. You can often find legal aid offices listed in the white pages.
Settle on the amount of time and money you wish to invest in procuring a lawyer. Ensure you include lost income from not being able to work. Put in time for research to find out all the costs the lawyer has and what it will do to your budget. Spending thousands is unnecessary if you can find a way to spend less.
Not all lawyers are created equal. It’s important you know which lawyer will be the best for your needs. Think about these tips and choose carefully. Good luck!
Personal Injury Claims: What You Need To Know
What are your abilities when you’ve decided to sue someone for an injury they caused? The idea of it can seem daunting and challenging. However, the following article has some great information to help you with your case. These tips should lead you to victory.
Check out the web to find reviews for your lawyer. Avoid calling the yelling person you see in the TV ad. This is never your best option, and you’d be much better served looking for lawyers with lots of experience dealing with your particular situation.
Your state’s Attorney Bar Association is a great place to find a personal injury attorney. They can provide you with recommendations for reputable attorneys in your area, and can inform you of any complaints or proceeding against attorneys in your area.
Discover how large the firm is before making a choice of a lawyer. If you have to deal with a large lawsuit, you need to have a large firm representing you. However, if you’re dealing with a smaller case, you might be able to save some money by going with a smaller firm.
Talk to an injury lawyer to decide if you can or should settle your matter in advance of trial. That saves a lot of headaches, and that way, you don’t need to pay court fees.
It may not be necessary to contact an attorney just because you feel a little pain immediately after an accident. Some pain and suffering is normal after an accident. If the issue lingers, though, you should think about contacting an attorney.
You should choose a lawyer who has plenty of experience with personal injury cases. This may sound obvious, but many people think a lawyer is a lawyer. Your best bet is an attorney who specializes in personal injury, preferably with experience in cases similar to your own. If you don’t, you’re taking a huge risk.
When someone takes it upon themselves to file a personal injury lawsuit, it is important to learn as much as possible about the other party involved. You might have to refer to several policies. If they refuse to tell you this information, you can get a sworn affidavit to help make them.
After an injury, you should initiate litigation as soon as possible. Take action immediately to avoid missing deadlines. Contact a lawyer so that they can clarify everything that needs to be done.
Remember, simply hiring a personal injury attorney does not mean that you are going to see a check in your mailbox in a week or two. You must exhibit patience as it can be a truly lengthy process. Your case might even take a few years in larger cities. If you know this ahead of time, you will be able to view your case realistically.
Money is always an issue when dealing with a personal injury case, and many lawyers in this field work on contingency. This means that rather than an hourly rate, you pay the lawyer based on the amount of your settlement. This method will allow you to skip the initial costs, meaning it is easier to get a good lawyer.
Keep records of how your injury cost you money. That includes lost wages, damaged personal property, travel expense to the doctor’s office, and all other injury-related expenses. This proof is very important when you need to provide evidence in court.
If you’re involved with any type of personal injury lawsuit, make sure to keep copies of all receipts. They’re proof of the money that you’ve paid yourself. If you lack such receipts, you may have a hard time securing reimbursement.
Before you hire an attorney, ask for references. What former clients have to say about an attorney can help you determine if they are right for your case. You’ll know something is amiss if the attorney is not willing to share a list of references with you. If this happens, try to find someone else.
Make sure you identify the responsible party correctly. If you got injured at work, you can request a settlement from your employer. However, if another person was responsible for the injury, the situation is a little different. Find a reputable attorney and discuss all the circumstances surrounding your injury so you can identify the appropriate parties to hold accountable.
Inquire about your lawyer’s case history. You need to know how similar the cases he has dealt with before yours as well as how well he did fighting for those cases. Choose someone who has been successful with similar cases in the past.
Do not supply insurance companies with information pertaining to your case without consulting a lawyer. Sometimes insurance adjusters will request a statement or some information, only to use it against you during your case. Speak with the attorney before the insurance company. Also, do not give them anything you’ve written or recorded yourself.
You will get great results if you use these tips. Apply these tips as needed to improve your case and work toward the optimal solution. Remember each idea and utilize those most relevant to your situation. This will help the case move in your favor.
Since Henry Ford first began mass-producing the horseless carriage, driving has steadily become the primary mode of transportation for millions of Americans. In Texas, residents seem to spend more time in their cars than ever before. With so much time on the road, car accidents seem inevitable. We pass fender-benders every day on our freeways and suburban streets. Although some crashes prove minor, many motor vehicle collisions result in serious injuries and even fatalities. In many cases, these accidents are the result of driver distraction or recklessness. Between substance abuse, cell phone use, and speeding, dangerous driving behaviors put people at constant risk. If you have been injured in a car, motorcycle, or truck accident, we can help. Please contact our car accident lawyers today.
Truck and Motorcycle Accidents
Truck and Motorcycle Accidents
Serious truck, motorcycle, and car accidents are incredibly prevalent. As more and more heavyweight trucks flood the roads, they present an increasing danger to the drivers of passenger cars.
Motorcyclists contribute to a significant percentage of all traffic-related injuries and fatalities. Three-quarters of all motorcycle accidents involve collisions with passenger vehicles, and the primary reason for collision is the failure of motorists to see the motorcyclist. Motorcycle accidents occur most frequently at intersections when other drivers violate the rider’s right-of-way or other traffic laws.
If you or a member of your family have been the victim of a truck, motorcycle, or car accident, get in touch with the lawyers at our firm today. Our Law Office accepts cases on a contingency fee basis, which means that we do not get paid if you don’t win your case. We will fight for your rights and do everything possible to make sure you get the maximum compensation you deserve.
In recent years, SUVs, or “Sport Utility Vehicles,” have become increasingly popular. Many families have traded in their minivans for large SUVs that can transport kids and trailers with ease. Unfortunately, SUVs do not always provide the same level of passenger safety as smaller vehicles. When an SUV proves to be inordinately top-heavy or otherwise unstable, it can be at a higher risk for rollovers.
Ultimately, it is the responsibility of the car designers and manufacturers to take into account the high rollover capability of SUVs and to make them with appropriate safeguards against rollover car accidents. However, there are many SUVs on the roads today that aren’t reasonably protected from rolling over. When an SUV rollover is the result of the vehicle’s dangerous design, our car accident lawyers can sue the responsible party under product liability law.
If you or a loved one has been in an SUV rollover, the car accident lawyers at our firm can build a case for you. For a free case review, please contact our Law Office right away.
The Lone Star State may have more miles of highway than any other state, but that doesn’t mean they’re in good condition. Indeed, a new study suggests they’re actually pretty lousy. In a comparison of road conditions in all 50 states, Texas ranked the 17th worst in the U.S., according to research from consumer news website Consumer Affairs. Even more frightening, safety experts estimate that dangerous and defective roads are responsible for many fatal car accidents. The risk to motorists is extremely high due to the terrible condition of our streets and freeways.
Some of the most common accident-causing road defects include:
Obstacles in the road
Defective or broken medians
Narrow lanes and shoulders
Too few lanes
Poor road markings
Inadequate traffic signals
Contact Our Car Accident Lawyers
If you or a family member have been involved in a road defect-related car accident, please consult our lawyers today. We’ll review the facts of your case and begin working on your behalf as soon as possible.
Product Liability — Defective Product Lawyers
From children’s toys to prescription drugs, consumers make purchases every day with an almost unconscious trust in the safety of the products they buy. After all, if it were dangerous, then it wouldn’t be on the market, right? Unfortunately, the answer to this question is sometimes “no.” Although the designers, makers, and distributors of a product have a responsibility to protect consumers, they occasionally fail to meet this duty. The result of their failure is the creation, production, and sale of a dangerous or defective item. When an injury occurs to the consumer under reasonable circumstances (if the consumer was injured while using the product in the way it was intended), then the retailer, designer, and manufacturer can all be considered legally liable. At our Law Office, our product liability lawyers are prepared to help such victims recover compensation for their injuries.
Whether we’re talking about snowboards or automobiles, it is the responsibility of the manufacturers to ensure the safety of consumers through adequately testing the design and finished product. They must also provide sufficient quality control measures, directions, and labels to keep defective products off the market and out of the hands of unsuspecting consumers. If you or a loved one has been injured by a dangerous product, please contact the defective product lawyers at our firm.
Elements of a Product Liability Case
Elements of a Product Liability Case
Product liability cases can be extremely complicated because there are often multiple parties potentially involved in bearing responsibility for the defective product. There are four primary elements that can play roles in a product liability case: marketing, testing, manufacturing, and design. When you contact the product liability lawyers at our office, we can begin investigating every detail of your case to determine exactly what went wrong and who is responsible for the defect.
Marketing and Testing
If a product is improperly marketed to the consumer, and injury occurs as a result, those responsible for product marketing can be held accountable. A common example is prescription drug cases in which warning labels are poorly or insufficiently written. Product testing is also a key component of liability cases. The idea behind testing a product before selling it is to protect the consumer. However, sometimes products are allowed to pass inspection without being adequately tested. When consumer protection agencies fail to do their job, our defective product lawyers can hold them accountable.
Manufacturing and Design
The final two elements of product liability cases are manufacturing and design. These tend to be the most important aspects of defective product claims. Sometimes a product with a perfectly good design is not built correctly. A car’s braking system that is well designed but becomes flawed when wires are crossed during the manufacturing process is a good example of this. Likewise, there are products whose flaws exist from their very creation: these flaws are known as design defects. And when they go unnoticed — or worse, are noticed and not corrected — serious problems result for the consumer.
If you or a loved one have been seriously injured by a dangerous or flawed drug, toy, tool, or another device, please contact our Law Office. One of our product liability and defective product lawyers will be prepared to take your case and fight for you.
It is a known fact that driving or riding in a car presents a risk to the vehicle’s occupants — car accidents happen every day. However, given the rules and laws of the road, the appropriate safety equipment, and the experience of the driver, the risk of driving can be diminished. When something goes wrong with the vehicle itself, causing or exacerbating harm to the occupants, the defective product lawyers at our office can hold the manufacturers, designers, testers, and retailers of the vehicle accountable.
Defective Air Bags
With all the thousands of parts required to construct a functional automobile, it is not unusual for mistakes to be made in the manufacturing and/or design process. Some of the most common automobile defects include problems with the tires, braking system, and airbags.
Airbags inflate at an average speed of 180 miles per hour. Given the incredible force required to inflate this quickly, injuries from airbags are frequent. Sometimes there are serious defects in the airbag system. Insufficient amounts of heating agents to catalyze the inflation, flaws with the inflator connector, and leaks from the inflation module are all examples of product defects that have caused serious injury to passengers and drivers.
Contact the Defective Product Lawyers at Our Firm
Do you have reason to believe that an automobile defect was responsible for injuring you or your family member? The product liability and defective product lawyers at our firm have served for more than two decades. We know how to handle these complex cases and aren’t afraid to go after powerful companies to defend the rights of our clients. Schedule a free consultation with our product liability lawyers by contacting us today.
Wrongful Death, Construction Accidents, and More
The personal injury and wrongful death lawyers at our firm have worked on a wide variety of cases, including spinal cord injuries, aviation accidents, and construction accidents for our clients. Although no amount of money can ever come close to making up for a devastating injury or the loss of a loved one, victims and their families should not be expected to shoulder the financial burden on their own. At our Law Office, we do everything we can to secure the fair and maximum amount of compensation our clients deserve.
Learn more about personal injury and wrongful death by reading below, or schedule a complimentary case review with one of our personal injury lawyers.
Slip and Fall Accidents
Serious Personal Injury
When a person is killed as a result of someone else’s negligent or reckless acts, the death is considered wrongful. The responsible party can be held liable by the family of the victim if the family files a civil wrongful death lawsuit. Wrongful death can be caused by a myriad of different actions: car accidents, elder abuse, and defective products are just a few unfortunately common examples. The wrongful death lawyers at our firm near San Jose believe in aggressively and compassionately representing the loved ones of victims. Because of the Texas statute of limitations, it is important to seek the legal counsel of an expert attorney as soon as possible to ensure your case’s viability. Among the recoverable damages in a wrongful death suit are medical and funeral costs, lost income, benefits, and even compensation for pain and suffering.
Our firm has incredible resources available to assist in the investigation of your claim. We have over two decades of experience to use on your behalf. If you have reason to believe that your loved one was a victim of wrongful death, it is crucial that you get in touch with one of our wrongful death lawyers as soon as possible.
Construction sites pose many dangers to workers and others in the area. Construction workers must often lift heavy objects, operate large machinery, and perform job duties at elevated heights. Still, proper protocol and safety practices can decrease a worker or passerby’s risk of being injured in construction accidents. Our city is gaining more commercial and residential structures every year, and it is essential that the safety of the people who build them is protected.
When preventable construction accidents occur as a result of someone’s negligence, he or she may be liable for the victim’s injuries. For example, a supervisor at a construction site is responsible for enforcing safety measures. Employers of construction workers must properly train their employees. Companies that manufacture construction equipment are liable if their products prove to be defective.
Some of the most common construction accidents include slips, falls, electrocution, injuries caused by cranes and other heavy equipment, and eye injuries from falling debris and other incidents. If you have been injured in a construction accident, you may be eligible for compensation. Our Law Office has experience litigating cases involving construction accidents. Contact our firm for more information.
Despite the fact that flying remains one of the safest ways to travel, aviation accidents still occur. At this time, piloting aircraft — especially small, single-engine planes — is considered to be one of the top three most dangerous jobs in the United States. Whether a private, commercial, or industrial plane is involved, when an aviation accident happens, serious injuries and fatalities almost always result. At our Law Office, our personal injury lawyers understand the various laws and regulations that should be followed to protect the safety of passengers and pilots. If you believe that your injuries or the loss of your loved one was caused by negligence, violation of flight regulations, or the aircraft itself, we can help. With access to experienced investigators and analysts, our firm knows how to go up against even the largest companies. Schedule a free case review right now.
Slip and Fall Accidents
Although many people assume that slip and fall accidents only happen to the elderly, this type of accident is one of the most common in the United States. Everything from wet, slippery, or uneven floors, to the lack of adequate lighting can cause a person to slip, fall, and sustain painful injuries. In fact, a list of frequent slip and fall accident injuries includes traumatic brain injury, spinal cord damage, and fractures of the hip, pelvis, arms, legs, and skull.
Slip and fall accidents are grouped under premises liability. Premises liability means that the owner of the property is legally responsible for any preventable or hazardous condition. However, the validity of these suits is judged on a case-by-case basis, making it all the more important that victims seek professional legal counsel from a qualified attorney. If you or a family member have been injured on someone else’s property, please contact one of our personal injury lawyers today.
Serious Personal Injury
Brain, burn, and spinal cord injuries are three of the most devastating forms of personal injury. Each of them can lead to chronic medical conditions that affect every single aspect of the victim’s life. When they are caused by another person’s recklessness or negligence, the victim has a right to receive compensation for their wrongful acts.
Traumatic brain injury (TBI) ranks as one of the most common injuries in the United States, often occurring during motor vehicle collisions and construction accidents. A TBI can cause conditions ranging from mental and behavioral health problems to extensive paralysis, and some victims are left indefinitely in a comatose state.
Second- and third-degree burns are often linked to dangerous construction sites and defective products that are not properly wired. Because the skin is the body’s first line of defense against illness, severe burn injuries often lead to further health problems over time. Recovering from extensive burns is long and difficult, and usually involves numerous reconstructive surgeries.
Spinal Cord Injury
The spinal cord extends from the brain, sending crucial messages and nerve pulses throughout the body. Together, the brain and spinal cord comprise the central nervous system. Damage to the spinal cord is almost always irreversible because, unlike other nerve cells, brain and spinal cord cells are unable to regenerate after injury. At nearly 50 percent, motor vehicle accidents are the most common cause of all spinal cord injuries, followed closely by falls.
If you or a loved one has suffered a TBI, severe burn, or spinal cord injury as a result of someone else’s reckless or negligent actions, please contact our personal injury lawyers today. We know how difficult these cases can be, and we can help you win the justice you deserve.
Hearing that there is something wrong with the health of your new baby is perhaps the most devastating moment in a person’s life. The birth injury attorneys at our firm have the deepest sympathy and compassion for the victims and their families and are strongly committed to ensuring they receive the maximum amount of compensation available to them under the law. Cerebral palsy, Erb’s palsy, and other birth injuries are often preventable and can result from medical malpractice and negligence. If your child is the victim of a birth injury, please get in touch with our personal injury lawyers as soon as possible. Let us take care of your legal concerns, while you take care of your family.
Contact Our Personal Injury Lawyers
Are you or a member of your family the victim of a construction accident, traumatic brain injury, birth injury, or other serious accident? Do you believe that the negligent, reckless behavior of another caused the wrongful death of your loved one? The personal injury lawyers at our firm want to help each and every victim achieve justice. Don’t wait any longer — contact our Law Office today.